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VOLUME 4
Titles 28A through 35
2010
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2010 special session which
adjourned April 13, 2010.
(2010 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2010 Edition
©
2010 State of Washington
CERTIFICATE
The 2010 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
MARTY BROWN, Chair
STATUTE LAW COMMITTEE
PRINTED ON RECYCLABLE MATERIAL
For recycling information call:
Recycle Hotline
1-800-732-9253
[Preface—p ii]
(2010 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and allows for new sections to be inserted between old sections already consecutively
numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections
have been numbered by tens (.010, .020, .030, .040, etc.), leaving vacant numbers between existing sections so that
new sections may be inserted without extension of the section number beyond three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of
sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was
adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in
exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of
a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source,
but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in
the concluding segments of the source note of each section of the code so affected. The legislative source of each
section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23
§ 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior"
indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the
parallel citation in Remington's Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component
section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to
each other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. A separate index is provided for the
State Constitution.
Sections repealed or decodified; Disposition table: Information concerning RCW sections repealed or
decodified can be found in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1999 or later) consult the codification tables. A complete codification table, including Remington’s Revised Statutes, is on the Code
Reviser web site at https://www.leg.wa.gov/codereviser.
Notes: Notes that are more than ten years old have been removed from the print publication of the RCW
except when retention has been deemed necessary to preserve the full intent of the law. All notes are displayed in
the electronic copy of the RCW on the Code Reviser web site at https://www.leg.wa.gov/codereviser.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, it is inevitable that in so large
a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in
particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box
40551, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication.
(2010 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
46
47
Highways and motor vehicles
Motor vehicles
Public highways and transportation
48
Insurance
49
50
51
Labor
Labor regulations
Unemployment compensation
Industrial insurance
52
53
54
55
57
Local service districts
Fire protection districts
Port districts
Public utility districts
Sanitary districts
Water-sewer districts
58
59
60
61
62A
63
64
65
Property rights and incidents
Boundaries and plats
Landlord and tenant
Liens
Mortgages, deeds of trust, and real estate contracts
Uniform Commercial Code
Personal property
Real property and conveyances
Recording, registration, and legal publication
66
67
68
69
70
71
71A
72
73
74
Public health, safety, and welfare
Alcoholic beverage control
Sports and recreation—Convention facilities
Cemeteries, morgues, and human remains
Food, drugs, cosmetics, and poisons
Public health and safety
Mental illness
Developmental disabilities
State institutions
Veterans and veterans' affairs
Public assistance
76
77
78
79
79A
Public resources
Forests and forest products
Fish and wildlife
Mines, minerals, and petroleum
Public lands
Public recreational lands
80
81
Public service
Public utilities
Transportation
82
83
84
Taxation
Excise taxes
Estate taxation
Property taxes
85
86
87
88
89
90
91
Waters
Diking and drainage
Flood control
Irrigation
Navigation and harbor improvements
Reclamation, soil conservation, and land settlement
Water rights—Environment
Waterways
General provisions
2
3
4
5
6
7
8
9
9A
10
11
12
13
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
14
Aeronautics
15
16
17
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
18
19
20
21
22
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
23
23B
24
25
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
26
Domestic relations
27
28A
28B
28C
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
29A
Elections
30
31
32
33
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
34
35
35A
36
37
38
39
40
41
42
43
44
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
[Preface—p iv]
(2010 Ed.)
Title 28A
Chapters
28A.150
28A.155
28A.160
28A.165
28A.170
28A.175
28A.180
28A.185
28A.190
28A.193
28A.194
28A.195
28A.200
28A.205
28A.210
28A.215
28A.220
28A.225
28A.230
28A.235
28A.245
28A.250
28A.290
28A.300
28A.305
28A.310
28A.315
28A.320
28A.323
28A.325
28A.330
28A.335
28A.340
28A.343
28A.345
28A.400
28A.405
28A.410
28A.415
28A.500
28A.505
28A.510
28A.515
28A.520
28A.525
28A.527
28A.530
28A.535
28A.540
28A.545
28A.600
(2010 Ed.)
Title 28A
COMMON SCHOOL PROVISIONS
General provisions.
Special education.
Student transportation.
Learning assistance program.
Substance abuse awareness program.
Dropout prevention, intervention, and
retrieval system.
Transitional bilingual instruction program.
Highly capable students.
Residential education programs.
Education programs for juvenile inmates.
Education programs for juveniles in adult
jails.
Private schools.
Home-based instruction.
Education centers.
Health—Screening and requirements.
Early childhood, preschools, and before-andafter school care.
Traffic safety.
Compulsory school attendance and admission.
Compulsory course work and activities.
Food services.
Skill centers.
Online learning.
Quality education council.
Superintendent of public instruction.
State board of education.
Educational service districts.
Organization and reorganization of school districts.
Provisions applicable to all districts.
Joint school districts—School districts in two
or more educational service districts.
Associated student bodies.
Provisions applicable to school districts.
School districts’ property.
Small high school cooperative projects.
School director districts.
Washington state school directors’ association.
Employees.
Certificated employees.
Certification.
Institutes, workshops, and training.
Local effort assistance.
School districts’ budgets.
Apportionment to district—District accounting.
Common school construction fund.
Forest reserve funds distribution.
Bond issues.
School facilities—2008 bond issue.
District bonds for land, buildings, and equipment.
Validating indebtedness.
Capital fund aid by nonhigh school districts.
Payment to high school districts.
Students.
28A.605 Parent access.
28A.620 Community education programs.
28A.623 Meal programs.
28A.625 Awards.
28A.630 Temporary provisions—Special projects.
28A.635 Offenses relating to school property and personnel.
28A.640 Sexual equality.
28A.642 Discrimination prohibition.
28A.645 Appeals from board.
28A.650 Education technology.
28A.655 Academic achievement and accountability.
28A.657 Accountability system.
28A.660 Alternative route teacher certification.
28A.690 Agreement on qualifications of personnel.
28A.700 Secondary career and technical education.
28A.705 Interstate compact on educational opportunity
for military children.
28A.900 Construction.
Actions against school districts: RCW 4.08.120.
Actions by school district in corporate name: RCW 4.08.110.
Alcohol, pure ethyl, purchase of: RCW 66.16.010.
Armories, use of by school children: RCW 38.20.010.
Attorney general, supervision of prosecuting attorney: RCW 36.27.020(3).
Bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
Blind, school for: Chapter 72.40 RCW.
Blind made products, purchase of authorized: RCW 19.06.020.
Bomb threats, penalty: RCW 9.61.160.
Bond issues
declaratory judgments: Chapter 7.25 RCW.
general provisions applicable to
declaratory judgments: Chapter 7.25 RCW.
facsimile signatures, legal sufficiency: RCW 39.44.100.
interest, payment of: RCW 39.44.120.
maturity of bonds: RCW 39.44.070.
registered bonds, statements and signatures: RCW 39.44.102.
registration of bonds, coupon interest payments: RCW 39.44.120.
registration of bonds, designation of fiscal agent to register bonds, fee:
RCW 39.44.130.
mutual savings banks, authorized investment for: RCW 32.20.070,
32.20.090.
refunding bond issues, bankruptcy readjustment and relief from debts:
Chapter 39.64 RCW.
registration of bonds, principal payable to payee or assignee: RCW
39.44.110.
savings and loan associations, investment in: RCW 33.24.050 through
33.24.070.
United States, sale of bonds to at private sale: Chapter 39.48 RCW.
Boxing, kickboxing, martial arts, and wrestling events
exemptions for: RCW 67.08.015.
physical examination of contestants, urinalysis: RCW 67.08.090.
Buildings, earthquake standards for construction: RCW 70.86.020,
70.86.030.
Cities and towns operating generating utilities in another county
notice of loss: RCW 35.21.426.
payment formulas: RCW 35.21.427.
reimbursement: RCW 35.21.425.
Clerk of districts, agent to receive summons: RCW 4.28.080.
Common schools
[Title 28A RCW—page 1]
Title 28A
Title 28A RCW: Common School Provisions
general and uniform system to be established: State Constitution Art. 9 §
2.
special legislation affecting prohibited: State Constitution Art. 2 § 28.
superintendent of public instruction to supervise: State Constitution Art.
3 § 22.
Condemnation: Chapter 8.16 RCW.
Contracts made in violation of indebtedness limitations void: RCW
39.36.040.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Crimes relating to
bomb threats to: RCW 9.61.160.
discrimination to deny public accommodations because of race, color or
creed: RCW 9.91.010.
generally: Chapter 28A.635 RCW.
school buses
design, marking of, mode of operation, regulations for, violating: RCW
46.61.380.
stopped, failure to stop on approaching: RCW 46.61.370.
Deaf, mute, or blind youth in districts, clerks of school districts to make
report of: RCW 72.40.060.
Debts, authority to contract: State Constitution Art. 8 § 6 (Amendment 27).
Declaratory judgments, bond issues: Chapter 7.25 RCW.
Discrimination—Separation of sexes in dormitories, residence halls, etc.:
RCW 49.60.222.
Discrimination to deny public accommodations because of race, color or
creed, penalty: RCW 9.91.010.
Displaced homemaker act: Chapter 28B.04 RCW.
Diverse cultures and languages encouraged—State policy: RCW 1.20.100.
Drivers’ training schools, generally: Chapter 46.82 RCW.
Earthquake standards for construction: RCW 70.86.020, 70.86.030.
Education: State Constitution Art. 9.
Educational employment relations act: Chapter 41.59 RCW.
Educational facilities and programs for state schools for the deaf and blind:
RCW 72.40.028.
Educational service districts
deaf, mute, blind youth, reports of: RCW 72.40.070, 72.40.080.
teachers’ retirement system, employer reports: RCW 41.50.230.
Elections
expenses of consolidated elections, sharing of costs: RCW 29A.04.410.
polling places, availability of county, municipality, or special district
facilities as polling places: RCW 29A.16.120.
times for holding, in all other counties: RCW 29A.04.330.
Elementary or secondary school activities, admission tax exclusion: RCW
36.38.010.
Eminent domain by school districts: Chapter 8.16 RCW.
Employees, qualifications to hold school office: RCW 42.04.020.
Enrollment forecasts: RCW 43.62.050.
Escheats
bank dividends unclaimed after liquidation and winding up escheat to permanent school fund: RCW 30.44.150, 30.44.180.
estate escheats for support of schools: RCW 11.08.160.
permanent school fund, deposited in: RCW 11.08.160.
trust company dividends unclaimed after liquidation and winding up:
RCW 30.44.150, 30.44.180.
Establishment and maintenance of schools guaranteed: State Constitution
Art. 26 § 4.
Fiscal year defined: RCW 1.16.030.
Free from sectarian control: State Constitution Art. 9 § 4, Art. 26 § 4.
Funds
apportionment by special act forbidden: State Constitution Art. 2 § 28(7).
county school fund, stock on highway, limitations, proceeds of sale to
county school fund: RCW 16.24.070.
general school fund, school patrol uniforms, traffic signs and signals,
insurance for, may be paid from: RCW 46.61.385.
permanent common school fund
applied exclusively to common schools: State Constitution Art. 9 § 2.
[Title 28A RCW—page 2]
apportionment by special act forbidden: State Constitution Art. 2 §
28(7).
banks and trust companies, liquidation and winding up
dividends unclaimed deposited in: RCW 30.44.150, 30.44.180.
personal property, proceeds deposited in: RCW 30.44.220.
enlargement of, legislature may provide: State Constitution Art. 9 § 3.
escheated estates deposited in: RCW 11.08.160.
game and game fish lands, payments to in lieu of property taxes: RCW
77.12.201.
game and game fish lands, withdrawn from lease, payment of amount of
lease into: RCW 77.12.360.
income from, to be applied to common schools: State Constitution Art.
9 § 2.
interest in deposited in current state school fund, used for current
expenses: State Constitution Art. 9 § 3.
investment generally: State Constitution Art. 16 § 5.
losses occasioned by default, fraud, etc., to become permanent debt
against state: State Constitution Art. 9 § 5.
permanent and irreducible: State Constitution Art. 9 § 3.
safe deposit box contents, unclaimed after liquidation and winding up of
bank or trust company, proceeds from sale deposited in: RCW
30.44.220.
sources of: State Constitution Art. 9 § 3.
state land
acquired, lease and sale of, disposition of proceeds: RCW 79.10.030.
withdrawn for game purposes, payment of amount of lease into: RCW
77.12.360.
school fund, fines and forfeitures paid into: RCW 4.24.180.
Garnishment: Chapter 6.27 RCW.
Hearing, reports of deaf, mute, or blind youths in districts: RCW 72.40.060.
High school athletic eligibility, penalty for violating: RCW 67.04.140.
High schools included in public school system: State Constitution Art. 9 § 2.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180.
Indebtedness
authority to contract: State Constitution Art. 8 § 6 (Amendment 27).
bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
computation of indebtedness: RCW 39.36.030.
exceeding limitations upon, capital outlays: State Constitution Art. 8 § 6
(Amendment 27).
limitation on levies: State Constitution Art. 7 § 2 (Amendment 59), RCW
84.52.050.
limitations upon
contracts made in violation of void: RCW 39.36.040.
definitions: RCW 39.36.010.
exceeding limitations, capital outlays: RCW 39.36.020.
liabilities incurred in violation void: RCW 39.36.040.
limitations prescribed: State Constitution Art. 8 § 6 (Amendment 27),
RCW 39.36.020.
Intoxicating liquor, retail licenses, proximity limitations: RCW 66.24.010.
Labor relations consultants: RCW 43.09.230.
Lands
adverse possession against: RCW 7.28.090.
defined: RCW 79.02.010.
eminent domain
by cities against: RCW 8.12.030.
by corporations, service of notice: RCW 8.20.020.
by railroads and canal companies against: RCW 81.36.010.
by school districts: Chapter 8.16 RCW.
by state, service of notice: RCW 8.04.020.
parks and recreation commission, relinquishment of control over school
lands: RCW 79A.05.175.
sale of
educational lands, board of natural resources to fix value: RCW
79.11.080.
generally: State Constitution Art. 16 §§ 2-4.
school district purchases of, maximum and minimum areas, preference
right to purchase: RCW 79.11.010.
sale or lease of land and valuable materials, supervision and control of
natural resources department over: RCW 79.11.020.
state lands, included in: RCW 79.02.010.
state parks and recreation, relinquishment of control over state lands:
RCW 79A.05.175.
(2010 Ed.)
General Provisions
Chapter 28A.150
Legal adviser, prosecuting attorney as: RCW 36.27.020(2), (3).
State school for deaf: Chapter 72.40 RCW.
Libraries, contracts for library service: RCW 27.12.180.
State toxicological laboratories: RCW 68.50.107.
Medical schools, requisites for accreditation and approval: RCW
18.71.055.
Superintendents, duties: State Constitution Art. 3 § 22.
Meetings, minutes of governmental bodies: Chapter 42.32 RCW.
Motor vehicles, speed regulations when passing public school or playground
cross walk: RCW 46.61.440.
Open to all children of state: State Constitution Art. 9 § 1, Art. 26 § 4.
Parental responsibility for children with disabilities: Chapter 26.40 RCW.
Parental schools
general powers: RCW 72.05.300.
personnel: RCW 72.05.310.
Parks and recreation
authority to acquire and operate: RCW 67.20.010.
parks, beaches and camps, authority generally: Chapter 67.20 RCW.
Periodicals, purchase of, manner of payment: RCW 42.24.035.
Port and other district dissolution, disposal of funds: RCW 53.48.050,
53.49.010, 53.49.020.
Printing
contracts for outside state work, labor requirements: RCW 43.78.150.
must be done within state, exception: RCW 43.78.130, 43.78.140.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public employment—Evidence of educational competence: RCW 41.04.015.
Public lands: Title 79 RCW.
Public libraries: Chapter 27.12 RCW.
Public school system, what included in: State Constitution Art. 9 § 2.
Public utility districts and operating agencies
construction projects causing burden to school districts, reimbursement of
districts: Chapter 54.36 RCW.
privilege tax for school districts: RCW 54.28.080, 54.28.090.
Pupils, residence or absence does not affect right to vote: State Constitution
Art. 6 § 4.
Purchases, periodicals, postage, manner of payment: RCW 42.24.035.
Religion, control of schools by, free from: State Constitution Art. 9 § 4, Art.
26 § 4.
Savings and loan associations, school savings accounts, priority in liquidation distribution: RCW 33.40.050.
School directors’ association to furnish information to legislature and governor: RCW 44.04.170.
School districts
clerks
agent to receive service of summons: RCW 4.28.080.
deaf, mute, or blind youth in district, report of: RCW 72.40.060.
contracts, indebtedness limitations, contracts made in violation of void:
RCW 39.36.040.
fiscal year defined: RCW 1.16.030.
indebtedness
computation of indebtedness: RCW 39.36.030.
exceeding limitations upon, capital outlays: State Constitution Art. 8 §
6 (Amendment 27).
limitation on levies: State Constitution Art. 7 § 2 (Amendment 59), RCW
84.52.050.
limitations upon
contracts made in violation of void: RCW 39.36.040.
definitions: RCW 39.36.010.
exceeding limitations, capital outlays: RCW 39.36.020.
liabilities incurred in violation void: RCW 39.36.040.
limitations prescribed: State Constitution Art. 8 § 6 (Amendment 27),
RCW 39.36.020.
printing must be done within state: RCW 43.78.130.
service of summons to, personal service: RCW 4.28.080.
teachers’ retirement system, employer reports: RCW 41.50.230.
School patrol: RCW 46.61.385.
Sectarian control, free from: State Constitution Art. 9 § 4.
State otologists, duties of: RCW 70.50.010, 70.50.020.
State school for blind: Chapter 72.40 RCW.
(2010 Ed.)
System of schools to be established by state: State Constitution Art. 9 § 2.
Taxation, property taxes, exemptions: State Constitution Art. 7 § 1 (Amendment 14).
Taxing district relief act: Chapter 39.64 RCW.
Teachers’ retirement and pensions: Chapter 41.32 RCW.
Technical schools, included in public school system: State Constitution Art.
9 § 2.
Traffic school of city or town and county: Chapter 46.83 RCW.
Transportation
school buses
crossing arms: RCW 46.37.620.
defined for motor vehicle law: RCW 46.04.521.
design, marking and mode of operation, motor vehicle regulations:
RCW 46.61.380.
highway-railroad grade crossings, to stop at: RCW 46.61.350.
lighting and safety devices: RCW 46.37.290.
seat and load capacity fees, exempt from: RCW 46.16.150.
signal lamps, displaying alternately flashing red lights, to have: RCW
46.37.190.
special lighting equipment on: RCW 46.37.290.
stop signals and flasher signal lamps: RCW 46.61.370(1).
stopped school bus, vehicle must stop on approaching: RCW
46.61.370(1).
vehicle license and plates, inspection requisite: RCW 46.16.020.
special warning equipment and lighting regulated by the Washington state
patrol: RCW 46.37.290.
Warrants
interest rate: RCW 39.56.020.
rate fixed by issuing officer: RCW 39.56.030.
Year, fiscal year defined: RCW 1.16.030.
Chapter 28A.150
Chapter 28A.150 RCW
GENERAL PROVISIONS
Sections
28A.150.010
28A.150.020
28A.150.030
28A.150.040
28A.150.050
28A.150.060
28A.150.070
28A.150.080
28A.150.100
28A.150.198
28A.150.200
28A.150.203
28A.150.205
28A.150.210
28A.150.211
28A.150.220
28A.150.230
28A.150.240
28A.150.250
28A.150.260
28A.150.262
Public schools.
Common schools.
School day.
School year—Beginning—End.
School holidays.
Certificated employee.
General public school system—Administration.
Superintendent of the school district.
Basic education certificated instructional staff—Definition—
Ratio to students.
Finding—Intent—2009 c 548.
Basic education act—Program contents—As meeting constitutional requirements.
Definitions.
Definition.
Basic education act—Goal.
Values and traits recognized.
Basic education act—Program requirements—Program
accessibility—Rules.
Basic education act—District school directors’ responsibilities.
Basic education act—Certificated teaching and administrative staff as accountable for classroom teaching—Scope—
Responsibilities—Penalty.
Annual basic education allocation of funds according to average FTE student enrollment—Student/teacher ratio standard.
Annual basic education allocation of funds according to average FTE student enrollment—Procedure to determine distribution formula—Submittal to legislature—Enrollment,
FTE student, certificated and classified staff, defined.
Defining full-time equivalent student—Students receiving
instruction through alternative learning experience online
programs—Requirements—Rules.
[Title 28A RCW—page 3]
28A.150.010
Title 28A RCW: Common School Provisions
28A.150.270 Annual basic education allocation of funds according to average FTE student enrollment—Procedure for crediting portion for school building purposes.
28A.150.275 Annual basic education allocation for students in technical
colleges.
28A.150.280 Reimbursement for acquisition of approved transportation
equipment—Method.
28A.150.290 State superintendent to make rules and regulations—Unforeseen conditions or actions to be recognized—Paperwork
limited.
28A.150.295 General public school system—Maintained.
28A.150.300 Corporal punishment prohibited—Adoption of policy.
28A.150.305 Alternative educational service providers—Student eligibility.
28A.150.310 National guard youth challenge program—Allocation of
funding—Rules.
28A.150.315 Voluntary all-day kindergarten programs—Funding.
28A.150.350 Part time students—Defined—Enrollment authorized—
Reimbursement for costs—Funding authority recognition—Rules, regulations.
28A.150.360 Adjustments to meet emergencies.
28A.150.370 Additional programs for which legislative appropriations
must or may be made.
28A.150.380 Appropriations by legislature.
28A.150.390 Appropriations for special education programs.
28A.150.392 Special education funding—Safety net awards—Rules—
Annual survey and report—Safety net oversight committee.
28A.150.400 Apportionment factors to be based on current figures—Rules
and regulations.
28A.150.410 Basic education certificated instructional staff—Salary allocation schedule—Limits on postgraduate credits.
28A.150.420 Reimbursement for classes provided outside regular school
year.
28A.150.500 Educational agencies offering vocational education programs—Local advisory committees—Advice on current
job needs.
28A.150.510 Transmittal of education records to department of social and
health services.
28A.150.520 High-performance public buildings—Compliance with
requirements.
28A.150.530 High-performance public buildings—Implementation
rules—Energy conservation report review.
28A.150.010 Public schools. Public schools shall mean
the common schools as referred to in Article IX of the state
Constitution and those schools and institutions of learning
having a curriculum below the college or university level as
now or may be established by law and maintained at public
expense. [1969 ex.s. c 223 § 28A.01.055; (2004 c 22 § 24,
Referendum Measure No. 55 failed to become law). Formerly RCW 28A.01.055.]
28A.150.010
28A.150.020 Common schools. "Common schools"
means schools maintained at public expense in each school
district and carrying on a program from kindergarten through
the twelfth grade or any part thereof including vocational
educational courses otherwise permitted by law. [1969 ex.s.
c 223 § 28A.01.060. Prior: 1909 c 97 p 261 § 1, part; RRS §
4680, part; prior: 1897 c 118 § 64, part; 1890 p 371 § 44,
part. Formerly RCW 28A.01.060, 28.58.190, part,
28.01.060.]
28A.150.020
28A.150.030 School day. (Effective until September 1,
2011.) A school day shall mean each day of the school year
on which pupils enrolled in the common schools of a school
district are engaged in educational activity planned by and
under the direction of the school district staff, as directed by
the administration and board of directors of the district.
[1971 ex.s. c 161 § 1; 1969 ex.s. c 223 § 28A.01.010. Prior:
(i) 1909 c 97 p 262 § 3, part; RRS § 4687, part; prior: 1903 c
104 § 22, part; 1897 c 118 § 66, part; 1890 p 372 § 46. For28A.150.030
[Title 28A RCW—page 4]
merly RCW 28.01.010, part. (ii) 1917 c 127 § 1, part; RRS §
5098, part. Cf. 1911 c 82 § 1, part; 1909 c 97 p 371 subchapter 19, part; 1897 c 118 § 181, part. Formerly RCW
28A.01.010, 28.35.030, part.]
28A.150.040 School year—Beginning—End. (Effective until September 1, 2011.) The school year shall begin on
the first day of September and end with the last day of
August: PROVIDED, That any school district may elect to
commence the minimum annual school term as required
under RCW 28A.150.220 in the month of August of any calendar year and in such case the operation of a school district
for such period in August shall be credited by the superintendent of public instruction to the succeeding school year for
the purpose of the allocation and distribution of state funds
for the support of such school district. [1990 c 33 § 101; 1982
c 158 § 5; 1977 ex.s. c 286 § 1; 1975-’76 2nd ex.s. c 118 § 22;
1969 ex.s. c 223 § 28A.01.020. Prior: 1909 c 97 p 262 § 4;
RRS § 4688; prior: 1897 c 118 § 67; 1890 p 373 § 49. Formerly RCW 28A.01.020, 28.01.020.]
28A.150.040
Additional notes found at www.leg.wa.gov
28A.150.050 School holidays. The following are
school holidays, and school shall not be taught on these days:
Sunday; the first day of January, commonly called New
Year’s Day; the third Monday of January, being celebrated as
the anniversary of the birth of Martin Luther King, Jr.; the
third Monday in February to be known as Presidents’ Day
and to be celebrated as the anniversary of the births of Abraham Lincoln and George Washington; the last Monday in
May, commonly known as Memorial Day; the fourth day of
July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor
Day; the eleventh day of November, to be known as Veterans’ Day, the fourth Thursday in November, commonly
known as Thanksgiving Day; the day immediately following
Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day: PROVIDED, That no reduction from the teacher’s time or salary shall be made by reason
of the fact that a school day happens to be one of the days
referred to in this section as a day on which school shall not
be taught. [1989 c 233 § 11; 1985 c 189 § 2; 1984 c 92 § 1;
1975-’76 2nd ex.s. c 24 § 2; 1973 c 32 § 1; 1969 ex.s. c 283 §
13. Prior: 1969 ex.s. c 223 § 28A.02.060; prior: 1955 c 20 §
2; 1909 c 97 p 308 § 6; RRS § 4853. Formerly RCW
28A.02.061, 28A.02.060, 28.02.060.]
28A.150.050
"Legal holidays": RCW 1.16.050.
Additional notes found at www.leg.wa.gov
28A.150.060 Certificated employee. (Effective until
September 1, 2011.) The term "certificated employee" as
used in RCW 28A.195.010, 28A.150.060, 28A.150.260,
28A.405.100, 28A.405.210, 28A.405.240, 28A.405.250,
28A.405.300 through 28A.405.380, and chapter 41.59 RCW,
shall include those persons who hold certificates as authorized by rule of the Washington professional educator standards board or the superintendent of public instruction.
[2005 c 497 § 212; 1990 c 33 § 102; 1977 ex.s. c 359 § 17;
1975 1st ex.s. c 288 § 21; 1973 1st ex.s. c 105 § 1. Formerly
RCW 28A.01.130.]
28A.150.060
(2010 Ed.)
General Provisions
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
28A.150.198
Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes
following RCW 84.52.0531.
Basic Education Act, RCW 28A.150.060 as part of: RCW 28A.150.200.
Construction of chapter—Employee’s rights preserved: RCW 41.59.920.
Construction of chapter—Employer’s responsibilities and rights preserved:
RCW 41.59.930.
Additional notes found at www.leg.wa.gov
28A.150.070 General public school system—Administration. The administration of the public school system
shall be entrusted to such state and local officials, boards, and
committees as the state Constitution and the laws of the state
shall provide. [1969 ex.s. c 223 § 28A.02.020. Prior: 1909 c
97 p 230 § 2; RRS § 4519; prior: 1897 c 118 § 19; 1890 p 348
§ 2; Code 1881 §§ 3154, 3155; 1861 p 55 § 1. Formerly RCW
28A.02.020, 28.02.020.]
28A.150.070
28A.150.080 Superintendent of the school district.
"Superintendent of the school district", if there be no such
superintendent, shall mean such other administrative or certificated employee as the school district board of directors
shall so designate. [1969 ex.s. c 223 § 28A.01.100. Formerly
RCW 28A.01.100.]
28A.150.080
28A.150.100 Basic education certificated instructional staff—Definition—Ratio to students. (Effective
until September 1, 2011.) (1) For the purposes of this section
and RCW 28A.150.410 and 28A.400.200, "basic education
certificated instructional staff" shall mean all full time equivalent certificated instructional staff in the following programs
as defined for statewide school district accounting purposes:
Basic education, secondary vocational education, general
instructional support, and general supportive services.
(2) In the 1988-89 school year and thereafter, each
school district shall maintain a ratio of at least forty-six basic
education certificated instructional staff to one thousand
annual average full time equivalent students. [1990 c 33 §
103; 1987 1st ex.s. c 2 § 203. Formerly RCW 28A.41.110.]
28A.150.100
Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes
following RCW 84.52.0531.
28A.150.100 Basic education certificated instructional staff—Definition—Ratio to students. (Effective
September 1, 2011.) (1) For the purposes of this section and
RCW 28A.150.410 and 28A.400.200, "basic education certificated instructional staff" means all full-time equivalent
classroom teachers, teacher librarians, guidance counselors,
certificated student health services staff, and other certificated instructional staff in the following programs as defined
for statewide school district accounting purposes: Basic education, secondary vocational education, general instructional
support, and general supportive services.
(2) Each school district shall maintain a ratio of at least
forty-six basic education certificated instructional staff to one
thousand annual average full-time equivalent students. [2010
c 236 § 13; 1990 c 33 § 103; 1987 1st ex.s. c 2 § 203. Formerly RCW 28A.41.110.]
28A.150.100
Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260.
Intent—2010 c 236: See note following RCW 28A.150.260.
(2010 Ed.)
28A.150.198 Finding—Intent—2009 c 548. (1) Public
education in Washington state has evolved since the enactment of the Washington basic education act of 1977. Decisions by the courts have played a part in this evolution, as
have studies and research about education practices and education funding. The legislature finds ample evidence of a
need for continuing to refine the program of basic education
that is funded by the state and delivered by school districts.
(2) The legislature reaffirms the work of Washington
Learns and other educational task forces that have been convened over the past four years and their recommendations to
make bold reforms to the entire educational system in order
to educate all students to a higher level; to focus on the individualized instructional needs of students; to strive towards
closing the achievement gap and reducing dropout rates; and
to prepare students for a constantly evolving workforce and
increasingly demanding global economy. In enacting this
legislation, the legislature intends to continue to review, evaluate, and revise the definition and funding of basic education
in order to continue to fulfill the state obligation under Article
IX of the state Constitution. The legislature also intends to
continue to strengthen and modify the structure of the entire
K-12 educational system, including nonbasic education programmatic elements, in order to build the capacity to anticipate and support potential future enhancements to basic education as the educational needs of our citizens continue to
evolve.
(3) The legislature recognizes that the first step in revising the definition and funding of basic education is to create
a transparent funding system for both allocations and expenditures so that not only policymakers and educators understand how the state supports basic education but also taxpayers. An adequate data system that enables the legislature to
make rational, data-driven decisions on which educational
programs impact student learning in order to more effectively
and efficiently deliver the resources necessary to provide an
ample program of basic education is also a necessity. A new
prototypical funding system will allow the legislature to better understand how current resources are being used. A more
complete and accurate educational data system will allow the
legislature to understand whether current basic education
programs are supporting student learning. Only with both of
these systems in place can the legislature make informed
decisions on how to best implement a dynamic and evolving
system of basic education.
(4) For practical and educational reasons, major changes
of the program of basic education and the funding formulas to
support it cannot occur instantaneously. The legislature
intends to build upon the previous efforts of the legislature
and the basic education task force in order to develop a realistic implementation strategy for a new instructional program
after technical experts develop the details of the prototypical
schools funding formulas and the data and reporting system
that will support a new instructional program. The legislature
also intends to establish a formal structure for monitoring the
implementation by the legislature of an evolving program of
basic education and the financing necessary to support such a
program. The legislature intends that the redefined program
28A.150.198
[Title 28A RCW—page 5]
28A.150.200
Title 28A RCW: Common School Provisions
of basic education and funding for the program be fully
implemented by 2018.
(5) It is the further intent of the legislature to also address
additional issues that are of importance to the legislature but
are not part of basic education. [2009 c 548 § 1.]
Intent—2009 c 548: "It is the intent of the legislature that specified policies and allocation formulas adopted under this act will constitute the legislature’s definition of basic education under Article IX of the state Constitution once fully implemented. The legislature intends, however, to continue
to review and revise the formulas and schedules and may make additional
revisions, including revisions for technical purposes and consistency in the
event of mathematical or other technical errors." [2009 c 548 § 2.]
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.150.200 Basic education act—Program contents—As meeting constitutional requirements. (Effective until September 1, 2011.) *This 1977 amendatory act
shall be known and may be cited as "The Washington Basic
Education Act of 1977." The program evolving from the
Basic Education Act shall include (1) the goal of the school
system as defined in RCW 28A.150.210, (2) those program
requirements enumerated in RCW 28A.150.220, and (3) the
determination and distribution of state resources as defined in
RCW 28A.150.250 and 28A.150.260.
The requirements of the Basic Education Act are deemed
by the legislature to comply with the requirements of Article
IX, section 1 of the state Constitution, which states that "It is
the paramount duty of the state to make ample provision for
the education of all children residing within its borders, without distinction or preference on account of race, color, caste,
or sex," and are adopted pursuant to Article IX, section 2 of
the state Constitution, which states that "The legislature shall
provide for a general and uniform system of public schools."
[1990 c 33 § 104; 1977 ex.s. c 359 § 1. Formerly RCW
28A.58.750.]
28A.150.200
*Reviser’s note: For codification of "this 1977 amendatory act" [1977
ex.s. c 359], see Codification Tables, Volume 0.
Additional notes found at www.leg.wa.gov
28A.150.200 Program of basic education. (Effective
September 1, 2011.) (1) The program of basic education
established under this chapter is deemed by the legislature to
comply with the requirements of Article IX, section 1 of the
state Constitution, which states that "It is the paramount duty
of the state to make ample provision for the education of all
children residing within its borders, without distinction or
preference on account of race, color, caste, or sex," and is
adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a
general and uniform system of public schools."
(2) The legislature defines the program of basic education under this chapter as that which is necessary to provide
the opportunity to develop the knowledge and skills necessary to meet the state-established high school graduation
requirements that are intended to allow students to have the
opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship. Basic education by necessity is an
evolving program of instruction intended to reflect the changing educational opportunities that are needed to equip stu28A.150.200
[Title 28A RCW—page 6]
dents for their role as productive citizens and includes the following:
(a) The instructional program of basic education the minimum components of which are described in RCW
28A.150.220;
(b) The program of education provided by chapter
28A.190 RCW for students in residential schools as defined
by RCW 28A.190.020 and for juveniles in detention facilities
as identified by RCW 28A.190.010;
(c) The program of education provided by chapter
28A.193 RCW for individuals under the age of eighteen who
are incarcerated in adult correctional facilities; and
(d) Transportation and transportation services to and
from school for eligible students as provided under RCW
28A.160.150 through 28A.160.180. [2009 c 548 § 101; 1990
c 33 § 104; 1977 ex.s. c 359 § 1. Formerly RCW
28A.58.750.]
Effective date—2009 c 548 §§ 101-110 and 701-710: "Sections 101
through 110 and 701 through 710 of this act take effect September 1, 2011."
[2009 c 548 § 804.]
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Additional notes found at www.leg.wa.gov
28A.150.203 Definitions. (Effective September 1,
2011.) The definitions in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Basic education goal" means the student learning
goals and the student knowledge and skills described under
RCW 28A.150.210.
(2) "Certificated administrative staff" means all those
persons who are chief executive officers, chief administrative
officers, confidential employees, supervisors, principals, or
assistant principals within the meaning of RCW
41.59.020(4).
(3) "Certificated employee" as used in this chapter and
RCW 28A.195.010, 28A.405.100, 28A.405.210,
28 A.40 5.2 40 , 2 8A.4 05 .2 5 0, 28 A.40 5.30 0 th r ou gh
28A.405.380, and chapter 41.59 RCW, means those persons
who hold certificates as authorized by rule of the Washington
professional educator standards board.
(4) "Certificated instructional staff" means those persons
employed by a school district who are nonsupervisory certificated employees within the meaning of RCW 41.59.020(8).
(5) "Class size" means an instructional grouping of students where, on average, the ratio of students to teacher is the
number specified.
(6) "Classified employee" means a person who does not
hold a professional education certificate or is employed in a
position that does not require such a certificate.
(7) "Classroom teacher" means a person who holds a
professional education certificate and is employed in a position for which such certificate is required whose primary duty
is the daily educational instruction of students. In exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person
exercises general supervision, but the hiring of such classified employees shall not occur during a labor dispute, and
such classified employees shall not be hired to replace certificated employees during a labor dispute.
28A.150.203
(2010 Ed.)
General Provisions
(8) "Instructional program of basic education" means the
minimum program required to be provided by school districts
and includes instructional hour requirements and other components under RCW 28A.150.220.
(9) "Program of basic education" means the overall program under RCW 28A.150.200 and deemed by the legislature to comply with the requirements of Article IX, section 1
of the state Constitution.
(10) "School day" means each day of the school year on
which pupils enrolled in the common schools of a school district are engaged in academic and career and technical
instruction planned by and under the direction of the school.
(11) "School year" includes the minimum number of
school days required under RCW 28A.150.220 and begins on
the first day of September and ends with the last day of
August, except that any school district may elect to commence the annual school term in the month of August of any
calendar year and in such case the operation of a school district for such period in August shall be credited by the superintendent of public instruction to the succeeding school year
for the purpose of the allocation and distribution of state
funds for the support of such school district.
(12) "Teacher planning period" means a period of a
school day as determined by the administration and board of
the directors of the district that may be used by teachers for
instruction-related activities including but not limited to preparing instructional materials; reviewing student performance; recording student data; consulting with other teachers, instructional assistants, mentors, instructional coaches,
administrators, and parents; or participating in professional
development. [2009 c 548 § 102.]
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.150.205 Definition. Unless the context clearly
requires otherwise, the definition in this section applies
throughout RCW 28A.150.200 through 28A.150.295.
"Instructional hours" means those hours students are provided the opportunity to engage in educational activity
planned by and under the direction of school district staff, as
directed by the administration and board of directors of the
district, inclusive of intermissions for class changes, recess,
and teacher/parent-guardian conferences that are planned and
scheduled by the district for the purpose of discussing students’ educational needs or progress, and exclusive of time
actually spent for meals. [1992 c 141 § 502.]
28A.150.205
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Additional notes found at www.leg.wa.gov
28A.150.210 Basic education act—Goal. (Effective
until September 1, 2011.) The goal of the basic education act
for the schools of the state of Washington set forth in this
chapter shall be to provide students with the opportunity to
become responsible and respectful global citizens, to contribute to their economic well-being and that of their families and
communities, to explore and understand different perspec28A.150.210
(2010 Ed.)
28A.150.210
tives, and to enjoy productive and satisfying lives. Additionally, the state of Washington intends to provide for a public
school system that is able to evolve and adapt in order to better focus on strengthening the educational achievement of all
students, which includes high expectations for all students
and gives all students the opportunity to achieve personal and
academic success. To these ends, the goals of each school
district, with the involvement of parents and community
members, shall be to provide opportunities for every student
to develop the knowledge and skills essential to:
(1) Read with comprehension, write effectively, and
communicate successfully in a variety of ways and settings
and with a variety of audiences;
(2) Know and apply the core concepts and principles of
mathematics; social, physical, and life sciences; civics and
history, including different cultures and participation in representative government; geography; arts; and health and fitness;
(3) Think analytically, logically, and creatively, and to
integrate different experiences and knowledge to form reasoned judgments and solve problems; and
(4) Understand the importance of work and finance and
how performance, effort, and decisions directly affect future
career and educational opportunities. [2007 c 400 § 1; 1993
c 336 § 101; (1992 c 141 § 501 repealed by 1993 c 336 §
1203); 1977 ex.s. c 359 § 2. Formerly RCW 28A.58.752.]
Captions not law—2007 c 400: "Captions used in this act are not any
part of the law." [2007 c 400 § 9.]
Findings—Intent—1993 c 336: "The legislature finds that student
achievement in Washington must be improved to keep pace with societal
changes, changes in the workplace, and an increasingly competitive international economy.
To increase student achievement, the legislature finds that the state of
Washington needs to develop a public school system that focuses more on
the educational performance of students, that includes high expectations for
all students, and that provides more flexibility for school boards and educators in how instruction is provided.
The legislature further finds that improving student achievement will
require:
(1) Establishing what is expected of students, with standards set at
internationally competitive levels;
(2) Parents to be primary partners in the education of their children, and
to play a significantly greater role in local school decision making;
(3) Students taking more responsibility for their education;
(4) Time and resources for educators to collaboratively develop and
implement strategies for improved student learning;
(5) Making instructional programs more relevant to students’ future
plans;
(6) All parties responsible for education to focus more on what is best
for students; and
(7) An educational environment that fosters mutually respectful interactions in an atmosphere of collaboration and cooperation.
It is the intent of the legislature to provide students the opportunity to
achieve at significantly higher levels, and to provide alternative or additional
instructional opportunities to help students who are having difficulty meeting the essential academic learning requirements in RCW 28A.630.885.
It is also the intent of the legislature that students who have met or
exceeded the essential academic learning requirements be provided with
alternative or additional instructional opportunities to help advance their
educational experience.
The provisions of chapter 336, Laws of 1993 shall not be construed to
change current state requirements for students who receive home-based
instruction under chapter 28A.200 RCW, or for students who attend stateapproved private schools under chapter 28A.195 RCW." [1993 c 336 § 1.]
Findings—1993 c 336: "(1) The legislature finds that preparing students to make successful transitions from school to work helps promote educational, career, and personal success for all students.
(2) A successful school experience should prepare students to make
[Title 28A RCW—page 7]
28A.150.210
Title 28A RCW: Common School Provisions
informed career direction decisions at critical points in their educational
progress. Schools that demonstrate the relevancy and practical application
of course work will expose students to a broad range of interrelated career
and educational opportunities and will expand students’ posthigh school
options.
(3) The school-to-work transitions program, under chapter 335, Laws
of 1993, is intended to help secondary schools develop model programs for
school-to-work transitions. The purposes of the model programs are to provide incentives for selected schools to:
(a) Integrate vocational and academic instruction into a single curriculum;
(b) Provide each student with a choice of multiple, flexible educational
pathways based on the student’s career interest areas;
(c) Emphasize increased vocational and academic guidance and counseling for students;
(d) Foster partnerships with local employers and employees to incorporate work sites as part of work-based learning experiences;
(e) Encourage collaboration among middle or junior high schools and
secondary schools in developing successful transition programs and to
encourage articulation agreements between secondary schools and
community and technical colleges.
(4) The legislature further finds that successful implementation of the
school-to-work transitions program is an important part of achieving the purposes of chapter 336, Laws of 1993." [1993 c 336 § 601.]
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Additional notes found at www.leg.wa.gov
28A.150.210 Basic education—Goals of school districts. (Effective September 1, 2011.) A basic education is
an evolving program of instruction that is intended to provide
students with the opportunity to become responsible and
respectful global citizens, to contribute to their economic
well-being and that of their families and communities, to
explore and understand different perspectives, and to enjoy
productive and satisfying lives. Additionally, the state of
Washington intends to provide for a public school system
that is able to evolve and adapt in order to better focus on
strengthening the educational achievement of all students,
which includes high expectations for all students and gives
all students the opportunity to achieve personal and academic
success. To these ends, the goals of each school district, with
the involvement of parents and community members, shall be
to provide opportunities for every student to develop the
knowledge and skills essential to:
(1) Read with comprehension, write effectively, and
communicate successfully in a variety of ways and settings
and with a variety of audiences;
(2) Know and apply the core concepts and principles of
mathematics; social, physical, and life sciences; civics and
history, including different cultures and participation in representative government; geography; arts; and health and fitness;
(3) Think analytically, logically, and creatively, and to
integrate different experiences and knowledge to form reasoned judgments and solve problems; and
(4) Understand the importance of work and finance and
how performance, effort, and decisions directly affect future
career and educational opportunities. [2009 c 548 § 103;
2007 c 400 § 1; 1993 c 336 § 101; (1992 c 141 § 501 repealed
by 1993 c 336 § 1203); 1977 ex.s. c 359 § 2. Formerly RCW
28A.58.752.]
28A.150.210
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
[Title 28A RCW—page 8]
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Captions not law—2007 c 400: "Captions used in this act are not any
part of the law." [2007 c 400 § 9.]
Findings—Intent—1993 c 336: "The legislature finds that student
achievement in Washington must be improved to keep pace with societal
changes, changes in the workplace, and an increasingly competitive international economy.
To increase student achievement, the legislature finds that the state of
Washington needs to develop a public school system that focuses more on
the educational performance of students, that includes high expectations for
all students, and that provides more flexibility for school boards and educators in how instruction is provided.
The legislature further finds that improving student achievement will
require:
(1) Establishing what is expected of students, with standards set at
internationally competitive levels;
(2) Parents to be primary partners in the education of their children, and
to play a significantly greater role in local school decision making;
(3) Students taking more responsibility for their education;
(4) Time and resources for educators to collaboratively develop and
implement strategies for improved student learning;
(5) Making instructional programs more relevant to students’ future
plans;
(6) All parties responsible for education to focus more on what is best
for students; and
(7) An educational environment that fosters mutually respectful interactions in an atmosphere of collaboration and cooperation.
It is the intent of the legislature to provide students the opportunity to
achieve at significantly higher levels, and to provide alternative or additional
instructional opportunities to help students who are having difficulty meeting the essential academic learning requirements in RCW 28A.630.885.
It is also the intent of the legislature that students who have met or
exceeded the essential academic learning requirements be provided with
alternative or additional instructional opportunities to help advance their
educational experience.
The provisions of chapter 336, Laws of 1993 shall not be construed to
change current state requirements for students who receive home-based
instruction under chapter 28A.200 RCW, or for students who attend stateapproved private schools under chapter 28A.195 RCW." [1993 c 336 § 1.]
Findings—1993 c 336: "(1) The legislature finds that preparing students to make successful transitions from school to work helps promote educational, career, and personal success for all students.
(2) A successful school experience should prepare students to make
informed career direction decisions at critical points in their educational
progress. Schools that demonstrate the relevancy and practical application
of course work will expose students to a broad range of interrelated career
and educational opportunities and will expand students’ posthigh school
options.
(3) The school-to-work transitions program, under chapter 335, Laws
of 1993, is intended to help secondary schools develop model programs for
school-to-work transitions. The purposes of the model programs are to provide incentives for selected schools to:
(a) Integrate vocational and academic instruction into a single curriculum;
(b) Provide each student with a choice of multiple, flexible educational
pathways based on the student’s career interest areas;
(c) Emphasize increased vocational and academic guidance and counseling for students;
(d) Foster partnerships with local employers and employees to incorporate work sites as part of work-based learning experiences;
(e) Encourage collaboration among middle or junior high schools and
secondary schools in developing successful transition programs and to
encourage articulation agreements between secondary schools and
community and technical colleges.
(4) The legislature further finds that successful implementation of the
school-to-work transitions program is an important part of achieving the purposes of chapter 336, Laws of 1993." [1993 c 336 § 601.]
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
General Provisions
28A.150.211 Values and traits recognized. The legislature also recognizes that certain basic values and character
traits are essential to individual liberty, fulfillment, and happiness. However, these values and traits are not intended to
be assessed or be standards for graduation. The legislature
intends that local communities have the responsibility for
determining how these values and character traits are learned
as determined by consensus at the local level. These values
and traits include the importance of:
(1) Honesty, integrity, and trust;
(2) Respect for self and others;
(3) Responsibility for personal actions and commitments;
(4) Self-discipline and moderation;
(5) Diligence and a positive work ethic;
(6) Respect for law and authority;
(7) Healthy and positive behavior; and
(8) Family as the basis of society. [1994 c 245 § 10.]
28A.150.211
Additional notes found at www.leg.wa.gov
28A.150.220 Basic education act—Program requirements—Program accessibility—Rules. (Effective until
September 1, 2011.) (1) Satisfaction of the basic education
program requirements identified in RCW 28A.150.210 shall
be considered to be implemented by the following program:
(a) Each school district shall make available to students
enrolled in kindergarten at least a total instructional offering
of four hundred fifty hours. The program shall include
instruction in the essential academic learning requirements
under *RCW 28A.630.885 and such other subjects and such
activities as the school district shall determine to be appropriate for the education of the school district’s students enrolled
in such program;
(b) Each school district shall make available to students
enrolled in grades one through twelve, at least a district-wide
annual average total instructional hour offering of one thousand hours. The state board of education may define alternatives to classroom instructional time for students in grades
nine through twelve enrolled in alternative learning experiences. The state board of education shall establish rules to
determine annual average instructional hours for districts
including fewer than twelve grades. The program shall
include the essential academic learning requirements under
*RCW 28A.630.885 and such other subjects and such activities as the school district shall determine to be appropriate for
the education of the school district’s students enrolled in such
group;
(c) If the essential academic learning requirements
include a requirement of languages other than English, the
requirement may be met by students receiving instruction in
one or more American Indian languages.
(2) Nothing contained in subsection (1) of this section
shall be construed to require individual students to attend
school for any particular number of hours per day or to take
any particular courses.
(3) Each school district’s kindergarten through twelfth
grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW
28A.225.160, and less than twenty-one years of age and shall
consist of a minimum of one hundred eighty school days per
school year in such grades as are conducted by a school dis28A.150.220
(2010 Ed.)
28A.150.220
trict, and one hundred eighty half-days of instruction, or
equivalent, in kindergarten: PROVIDED, That effective
May 1, 1979, a school district may schedule the last five
school days of the one hundred and eighty day school year for
noninstructional purposes in the case of students who are
graduating from high school, including, but not limited to, the
observance of graduation and early release from school upon
the request of a student, and all such students may be claimed
as a full time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW
28A.150.250 and 28A.150.260.
(4) The state board of education shall adopt rules to
implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and
28A.150.260, and such related supplemental program
approval requirements as the state board may establish.
[1993 c 371 § 2; (1995 c 77 § 1 and 1993 c 371 § 1 expired
September 1, 2000); 1992 c 141 § 503; 1990 c 33 § 105; 1982
c 158 § 1; 1979 ex.s. c 250 § 1; 1977 ex.s. c 359 § 3. Formerly
RCW 28A.58.754.]
*Reviser’s note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Additional notes found at www.leg.wa.gov
28A.150.220 Basic education—Minimum instructional requirements—Program accessibility—Rules.
(Effective September 1, 2011.) (1) In order for students to
have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts
must provide instruction of sufficient quantity and quality
and give students the opportunity to complete graduation
requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship. The
program established under this section shall be the minimum
instructional program of basic education offered by school
districts.
(2) Each school district shall make available to students
the following minimum instructional offering each school
year:
(a) For students enrolled in grades one through twelve, at
least a district-wide annual average of one thousand hours,
which shall be increased to at least one thousand eighty
instructional hours for students enrolled in each of grades
seven through twelve and at least one thousand instructional
hours for students in each of grades one through six according to an implementation schedule adopted by the legislature;
and
(b) For students enrolled in kindergarten, at least four
hundred fifty instructional hours, which shall be increased to
at least one thousand instructional hours according to the
implementation schedule under RCW 28A.150.315.
(3) The instructional program of basic education provided by each school district shall include:
(a) Instruction in the essential academic learning requirements under RCW 28A.655.070;
(b) Instruction that provides students the opportunity to
complete twenty-four credits for high school graduation, subject to a phased-in implementation of the twenty-four credits
28A.150.220
[Title 28A RCW—page 9]
28A.150.230
Title 28A RCW: Common School Provisions
as established by the legislature. Course distribution requirements may be established by the state board of education
under RCW 28A.230.090;
(c) If the essential academic learning requirements
include a requirement of languages other than English, the
requirement may be met by students receiving instruction in
one or more American Indian languages;
(d) Supplemental instruction and services for underachieving students through the learning assistance program
under RCW 28A.165.005 through 28A.165.065;
(e) Supplemental instruction and services for eligible
and enrolled students whose primary language is other than
English through the transitional bilingual instruction program
under RCW 28A.180.010 through 28A.180.080;
(f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible
students with disabilities as defined in RCW 28A.155.020;
and
(g) Programs for highly capable students under RCW
28A.185.010 through 28A.185.030.
(4) Nothing contained in this section shall be construed
to require individual students to attend school for any particular number of hours per day or to take any particular
courses.
(5) Each school district’s kindergarten through twelfth
grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW
28A.225.160, and less than twenty-one years of age and shall
consist of a minimum of one hundred eighty school days per
school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or
equivalent, in kindergarten, to be increased to a minimum of
one hundred eighty school days per school year according to
the implementation schedule under RCW 28A.150.315.
However, effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty
day school year for noninstructional purposes in the case of
students who are graduating from high school, including, but
not limited to, the observance of graduation and early release
from school upon the request of a student, and all such students may be claimed as a full-time equivalent student to the
extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260.
(6) Nothing in this section precludes a school district
from enriching the instructional program of basic education,
such as offering additional instruction or providing additional
services, programs, or activities that the school district determines to be appropriate for the education of the school district’s students.
(7) The state board of education shall adopt rules to
implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and
28A.150.260, and such related supplemental program
approval requirements as the state board may establish.
[2009 c 548 § 104; 1993 c 371 § 2; (1995 c 77 § 1 and 1993 c
371 § 1 expired September 1, 2000); 1992 c 141 § 503; 1990
c 33 § 105; 1982 c 158 § 1; 1979 ex.s. c 250 § 1; 1977 ex.s. c
359 § 3. Formerly RCW 28A.58.754.]
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
[Title 28A RCW—page 10]
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Additional notes found at www.leg.wa.gov
28A.150.230 Basic education act—District school
directors’ responsibilities. (1) It is the intent and purpose of
this section to guarantee that each common school district
board of directors, whether or not acting through its respective administrative staff, be held accountable for the proper
operation of their district to the local community and its electorate. In accordance with the provisions of Title 28A RCW,
as now or hereafter amended, each common school district
board of directors shall be vested with the final responsibility
for the setting of policies ensuring quality in the content and
extent of its educational program and that such program provide students with the opportunity to achieve those skills
which are generally recognized as requisite to learning.
(2) In conformance with the provisions of Title 28A
RCW, as now or hereafter amended, it shall be the responsibility of each common school district board of directors to
adopt policies to:
(a) Establish performance criteria and an evaluation process for its superintendent, classified staff, certificated personnel, including administrative staff, and for all programs
constituting a part of such district’s curriculum. Each district
shall report annually to the superintendent of public instruction the following for each employee group listed in this subsection (2)(a): (i) Evaluation criteria and rubrics; (ii) a
description of each rating; and (iii) the number of staff in
each rating;
(b) Determine the final assignment of staff, certificated
or classified, according to board enumerated classroom and
program needs and data, based upon a plan to ensure that the
assignment policy: (i) Supports the learning needs of all the
students in the district; and (ii) gives specific attention to
high-need schools and classrooms;
(c) Provide information to the local community and its
electorate describing the school district’s policies concerning
hiring, assigning, terminating, and evaluating staff, including
the criteria for evaluating teachers and principals;
(d) Determine the amount of instructional hours necessary for any student to acquire a quality education in such district, in not less than an amount otherwise required in RCW
28A.150.220, or rules of the state board of education;
(e) Determine the allocation of staff time, whether certificated or classified;
(f) Establish final curriculum standards consistent with
law and rules of the superintendent of public instruction, relevant to the particular needs of district students or the unusual
characteristics of the district, and ensuring a quality education for each student in the district; and
(g) Evaluate teaching materials, including text books,
teaching aids, handouts, or other printed material, in public
hearing upon complaint by parents, guardians or custodians
of students who consider dissemination of such material to
students objectionable. [2010 c 235 § 201; 2006 c 263 § 201;
1994 c 245 § 9; 1991 c 61 § 1; 1990 c 33 § 106; 1979 ex.s. c
250 § 7; 1977 ex.s. c 359 § 18. Formerly RCW 28A.58.758.]
28A.150.230
Finding—2010 c 235: See note following RCW 28A.405.245.
(2010 Ed.)
General Provisions
Findings—Purpose—2006 c 263: "In 2005, the legislature reconstituted the state board of education to refocus its purpose; abolished the academic achievement and accountability commission; and assigned policy and
rule-making authority for educator preparation and certification to the professional educator standards board. The purpose of this act is to address the
remaining statutory responsibilities of the state board of education held
before 2005. The legislature finds that some duties should be retained with
the reconstituted board; many duties should be transferred to other agencies
or organizations, primarily but not exclusively to the superintendent of public instruction; and some duties should be repealed. This act also corrects
statutes to implement fully the transfer of responsibilities authorized in
2005." [2006 c 263 § 1.]
Part headings not law—2006 c 263: "Part headings used in this act are
not any part of the law." [2006 c 263 § 1001.]
Additional notes found at www.leg.wa.gov
28A.150.240 Basic education act—Certificated
teaching and administrative staff as accountable for classroom teaching—Scope—Responsibilities—Penalty. (1) It
is the intended purpose of this section to guarantee that the
certificated teaching and administrative staff in each common
school district be held accountable for the proper and efficient conduct of classroom teaching in their school which
will provide students with the opportunity to achieve those
skills which are generally recognized as requisite to learning.
(2) In conformance with the other provisions of Title
28A RCW, it shall be the responsibility of the certificated
teaching and administrative staff in each common school to:
(a) Implement the district’s prescribed curriculum and
enforce, within their area of responsibility, the rules and regulations of the school district, the state superintendent of public instruction, and the state board of education, taking into
due consideration individual differences among students, and
maintain and render appropriate records and reports pertaining thereto.
(b) Maintain good order and discipline in their classrooms at all times.
(c) Hold students to a strict accountability while in
school for any disorderly conduct while under their supervision.
(d) Require excuses from the parents, guardians, or custodians of minor students in all cases of absence, late arrival
to school, or early dismissal.
(e) Give careful attention to the maintenance of a healthful atmosphere in the classroom.
(f) Give careful attention to the safety of the student in
the classroom and report any doubtful or unsafe conditions to
the building administrator.
(g) Evaluate each student’s educational growth and
development and make periodic reports thereon to parents,
guardians, or custodians and to school administrators.
Failure to carry out such requirements as set forth in subsection (2)(a) through (g) above shall constitute sufficient
cause for discharge of any member of such teaching or
administrative staff. [1979 ex.s. c 250 § 5; 1977 ex.s. c 359 §
19. Formerly RCW 28A.58.760.]
28A.150.240
Additional notes found at www.leg.wa.gov
28A.150.250 Annual basic education allocation of
funds according to average FTE student enrollment—
Student/teacher ratio standard. (Effective until September 1, 2011.) From those funds made available by the legislature for the current use of the common schools, the superin28A.150.250
(2010 Ed.)
28A.150.250
tendent of public instruction shall distribute annually as provided in RCW 28A.510.250 to each school district of the
state operating a program approved by the state board of education an amount which, when combined with an appropriate
portion of such locally available revenues, other than receipts
from federal forest revenues distributed to school districts
pursuant to RCW 28A.520.010 and 28A.520.020, as the
superintendent of public instruction may deem appropriate
for consideration in computing state equalization support,
excluding excess property tax levies, will constitute a basic
education allocation in dollars for each annual average full
time equivalent student enrolled, based upon one full school
year of one hundred eighty days, except that for kindergartens one full school year shall be one hundred eighty half
days of instruction, or the equivalent as provided in RCW
28A.150.220.
Basic education shall be considered to be fully funded by
those amounts of dollars appropriated by the legislature pursuant to RCW 28A.150.250 and 28A.150.260 to fund those
program requirements identified in RCW 28A.150.220 in
accordance with the formula and ratios provided in RCW
28A.150.260 and those amounts of dollars appropriated by
the legislature to fund the salary requirements of RCW
28A.150.100 and 28A.150.410.
Operation of a program approved by the state board of
education, for the purposes of this section, shall include a
finding that the ratio of students per classroom teacher in
grades kindergarten through three is not greater than the ratio
of students per classroom teacher in grades four and above
for such district: PROVIDED, That for the purposes of this
section, "classroom teacher" shall be defined as an instructional employee possessing at least a provisional certificate,
but not necessarily employed as a certificated employee,
whose primary duty is the daily educational instruction of
students: PROVIDED FURTHER, That the state board of
education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section,
and such rules and regulations shall allow for exemptions for
those special programs and/or school districts which may be
deemed unable to practicably meet the student/teacher ratio
requirements of this section by virtue of a small number of
students.
If a school district’s basic education program fails to
meet the basic education requirements enumerated in RCW
28A.150.250, 28A.150.260, and 28A.150.220, the state
board of education shall require the superintendent of public
instruction to withhold state funds in whole or in part for the
basic education allocation until program compliance is
assured: PROVIDED, That the state board of education may
waive this requirement in the event of substantial lack of
classroom space. [1990 c 33 § 107; 1987 1st ex.s. c 2 § 201;
1986 c 144 § 1; 1983 c 3 § 30; 1982 c 158 § 3; 1982 c 158 §
2; 1980 c 154 § 12; 1979 ex.s. c 250 § 2; 1977 ex.s. c 359 § 4;
1975 1st ex.s. c 211 § 1; 1973 2nd ex.s. c 4 § 1; 1973 1st ex.s.
c 195 § 9; 1973 c 46 § 2. See also 1973 1st ex.s. c 195 §§ 136,
137, 138 and 139. Prior: 1972 ex.s. c 124 § 1; 1972 ex.s. c
105 § 2; 1971 ex.s. c 294 § 19; 1969 c 138 § 2; 1969 ex.s. c
223 § 28A.41.130; prior: 1967 ex.s. c 140 § 3; 1965 ex.s. c
171 § 1; 1965 ex.s. c 154 § 2; prior: (i) 1949 c 212 § 1, part;
1945 c 141 § 4, part; 1923 c 96 § 1, part; 1911 c 118 § 1, part;
1909 c 97 p 312 §§ 7-10, part; Rem. Supp. 1949 § 4940-4,
[Title 28A RCW—page 11]
28A.150.250
Title 28A RCW: Common School Provisions
part. (ii) 1949 c 212 § 2, part; 1945 c 141 § 5, part; 1909 c 97
p 312 §§ 7-10, part; Rem. Supp. 1949 § 4940-5, part. Formerly RCW 28A.41.130, 28.41.130.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Basic Education Act, RCW 28A.150.250 as part of: RCW 28A.150.200.
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
Distribution of forest reserve funds—As affects basic education allocation:
RCW 28A.520.020.
Additional notes found at www.leg.wa.gov
28A.150.250 Annual basic education allocation—
Full funding—Withholding of funds for noncompliance.
(Effective September 1, 2011.) (1) From those funds made
available by the legislature for the current use of the common
schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.510.250 to each
school district of the state operating a basic education instructional program approved by the state board of education an
amount based on the formulas provided in RCW
28A.150.260, 28A.150.390, and 28A.150.392 which, when
combined with an appropriate portion of such locally available revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW
28A.520.010 and 28A.520.020, as the superintendent of public instruction may deem appropriate for consideration in
computing state equalization support, excluding excess property tax levies, will constitute a basic education allocation in
dollars for each annual average full-time equivalent student
enrolled.
(2) The instructional program of basic education shall be
considered to be fully funded by those amounts of dollars
a p p r o p r i at ed b y t h e leg i s la t u r e p u r su a n t to R C W
28A.150.260, 28A.150.390, and 28A.150.392 to fund those
program requirements identified in RCW 28A.150.220 in
accordance with the formula provided in RCW 28A.150.260
and those amounts of dollars appropriated by the legislature
to fund the salary requirements of RCW 28A.150.410.
(3) If a school district’s basic education program fails to
meet the basic education requirements enumerated in RCW
28A.150.260 and 28A.150.220, the state board of education
shall require the superintendent of public instruction to withhold state funds in whole or in part for the basic education
allocation until program compliance is assured. However,
the state board of education may waive this requirement in
the event of substantial lack of classroom space. [2009 c 548
§ 105; 1990 c 33 § 107; 1987 1st ex.s. c 2 § 201; 1986 c 144
§ 1; 1983 c 3 § 30; 1982 c 158 § 3; 1982 c 158 § 2; 1980 c 154
§ 12; 1979 ex.s. c 250 § 2; 1977 ex.s. c 359 § 4; 1975 1st ex.s.
c 211 § 1; 1973 2nd ex.s. c 4 § 1; 1973 1st ex.s. c 195 § 9;
1973 c 46 § 2. See also 1973 1st ex.s. c 195 §§ 136, 137, 138
and 139. Prior: 1972 ex.s. c 124 § 1; 1972 ex.s. c 105 § 2;
1971 ex.s. c 294 § 19; 1969 c 138 § 2; 1969 ex.s. c 223 §
28A.41.130; prior: 1967 ex.s. c 140 § 3; 1965 ex.s. c 171 § 1;
1965 ex.s. c 154 § 2; prior: (i) 1949 c 212 § 1, part; 1945 c
141 § 4, part; 1923 c 96 § 1, part; 1911 c 118 § 1, part; 1909
c 97 p 312 §§ 7-10, part; Rem. Supp. 1949 § 4940-4, part. (ii)
1949 c 212 § 2, part; 1945 c 141 § 5, part; 1909 c 97 p 312 §§
7-10, part; Rem. Supp. 1949 § 4940-5, part. Formerly RCW
28A.41.130, 28.41.130.]
28A.150.250
[Title 28A RCW—page 12]
Basic Education Act, RCW 28A.150.250 as part of: RCW 28A.150.200.
Distribution of forest reserve funds—As affects basic education allocation:
RCW 28A.520.020.
Additional notes found at www.leg.wa.gov
28A.150.260 Annual basic education allocation of
funds according to average FTE student enrollment—
Procedure to determine distribution formula—Submittal
to legislature—Enrollment, FTE student, certificated and
classified staff, defined. (Effective until September 1,
2011.) The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:
(1) The governor shall and the superintendent of public
instruction may recommend to the legislature a formula
based on a ratio of students to staff for the distribution of a
basic education allocation for each annual average full time
equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing
educational opportunities and shall provide appropriate recognition of the following costs among the various districts
within the state:
(a) Certificated instructional staff and their related costs;
(b) Certificated administrative staff and their related
costs;
(c) Classified staff and their related costs;
(d) Nonsalary costs;
(e) Extraordinary costs, including school facilities, of
remote and necessary schools as judged by the superintendent of public instruction, with recommendations from the
school facilities citizen advisory panel under RCW
28A.525.025, and small high schools, including costs of
additional certificated and classified staff; and
(f) The attendance of students pursuant to RCW
28A.335.160 and 28A.225.250 who do not reside within the
servicing school district.
(2)(a) This formula for distribution of basic education
funds shall be reviewed biennially by the superintendent and
governor. The recommended formula shall be subject to
approval, amendment or rejection by the legislature. The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional
staff be used to increase the ratio of such staff to students,
nothing in this section shall require districts to reduce the
number of administrative staff below existing levels.
(b) The formula adopted by the legislature shall reflect
the following ratios at a minimum: (i) Forty-nine certificated
instructional staff to one thousand annual average full time
equivalent students enrolled in grades kindergarten through
three; (ii) forty-six certificated instructional staff to one thousand annual average full time equivalent students in grades
four through twelve; (iii) four certificated administrative staff
28A.150.260
(2010 Ed.)
General Provisions
to one thousand annual average full time equivalent students
in grades kindergarten through twelve; and (iv) sixteen and
sixty-seven one-hundredths classified personnel to one thousand annual average full time equivalent students enrolled in
grades kindergarten through twelve.
(c) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new
distribution formula, the distribution formula for the previous
school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be
for state apportionment and equalization purposes only and
shall not be construed as mandating specific operational
functions of local school districts other than those program
requirem ents id entified in RCW 28A.1 50.2 20 and
28A.150.100. The enrollment of any district shall be the
annual average number of full time equivalent students and
part time students as provided in RCW 28A.150.350,
enrolled on the first school day of each month and shall
exclude full time equivalent students with disabilities recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100. The
definition of full time equivalent student shall be determined
by rules of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the
superintendent’s biennial budget request: PROVIDED,
FURTHER, That any revision of the present definition shall
not take effect until approved by the house appropriations
committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent’s
reported full time equivalent students in the common schools
in conjunction with RCW 43.62.050.
(3)(a) Certificated instructional staff shall include those
persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8):
PROVIDED, That in exceptional cases, people of unusual
competence but without certification may teach students so
long as a certificated person exercises general supervision:
PROVIDED, FURTHER, That the hiring of such classified
people shall not occur during a labor dispute and such classified people shall not be hired to replace certificated employees during a labor dispute.
(b) Certificated administrative staff shall include all
those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW
41.59.020(4). [2006 c 263 § 322; 1997 c 13 § 2; (1997 c 13 §
1 and 1995 c 77 § 2 expired September 1, 2000); 1995 c 77 §
3; 1992 c 141 § 507; 1992 c 141 § 303; 1991 c 116 § 10; 1990
c 33 § 108; 1987 1st ex.s. c 2 § 202; 1985 c 349 § 5; 1983 c
229 § 1; 1979 ex.s. c 250 § 3; 1979 c 151 § 12; 1977 ex.s. c
359 § 5; 1969 ex.s. c 244 § 14. Prior: 1969 ex.s. c 217 § 3;
1969 c 130 § 7; 1969 ex.s. c 223 § 28A.41.140; prior: 1965
ex.s. c 154 § 3. Formerly RCW 28A.41.140, 28.41.140.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes
following RCW 84.52.0531.
Basic Education Act, RCW 28A.150.260 as part of: RCW 28A.150.200.
(2010 Ed.)
28A.150.260
Distribution of forest reserve funds—As affects basic education allocation:
RCW 28A.520.020.
Additional notes found at www.leg.wa.gov
28A.150.260
28A.150.260 Allocation of state funding to support
instructional program of basic education—Distribution
formula—Prototypical schools—Enhancements and
adjustments—Review and approval—Enrollment calculation. (Effective September 1, 2011.) The purpose of this
section is to provide for the allocation of state funding that
the legislature deems necessary to support school districts in
offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows:
(1) The governor shall and the superintendent of public
instruction may recommend to the legislature a formula for
the distribution of a basic education instructional allocation
for each common school district.
(2) The distribution formula under this section shall be
for allocation purposes only. Except as may be required
under chapter 28A.155, 28A.165, 28A.180, or 28A.185
RCW, or federal laws and regulations, nothing in this section
requires school districts to use basic education instructional
funds to implement a particular instructional approach or service. Nothing in this section requires school districts to
maintain a particular classroom teacher-to-student ratio or
other staff-to-student ratio or to use allocated funds to pay for
particular types or classifications of staff. Nothing in this
section entitles an individual teacher to a particular teacher
planning period.
(3)(a) To the extent the technical details of the formula
have been adopted by the legislature and except when specifically provided as a school district allocation, the distribution
formula for the basic education instructional allocation shall
be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in
prototypical schools serving high, middle, and elementary
school students as provided in this section. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or
structured in a similar fashion as the prototypes. Prototypical
schools illustrate the level of resources needed to operate a
school of a particular size with particular types and grade levels of students using commonly understood terms and inputs,
such as class size, hours of instruction, and various categories
of school staff. It is the intent that the funding allocations to
school districts be adjusted from the school prototypes based
on the actual number of annual average full-time equivalent
students in each grade level at each school in the district and
not based on the grade-level configuration of the school to the
extent that data is available. The allocations shall be further
adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified
in the omnibus appropriations act.
(b) For the purposes of this section, prototypical schools
are defined as follows:
(i) A prototypical high school has six hundred average
annual full-time equivalent students in grades nine through
twelve;
[Title 28A RCW—page 13]
28A.150.260
Title 28A RCW: Common School Provisions
(ii) A prototypical middle school has four hundred thirtytwo average annual full-time equivalent students in grades
seven and eight; and
(iii) A prototypical elementary school has four hundred
average annual full-time equivalent students in grades kindergarten through six.
(4)(a) The minimum allocation for each level of prototypical school shall be based on the number of full-time
equivalent classroom teachers needed to provide instruction
over the minimum required annual instructional hours under
RCW 28A.150.220 and provide at least one teacher planning
period per school day, and based on the following general
education average class size of full-time equivalent students
per teacher:
General education
average
class size
Grades K-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25.23
Grade 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27.00
Grades 5-6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27.00
Grades 7-8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28.53
Grades 9-12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28.74
(b) During the 2011-2013 biennium and beginning with
schools with the highest percentage of students eligible for
free and reduced-price meals in the prior school year, the
general education average class size for grades K-3 shall be
reduced until the average class size funded under this subsection (4) is no more than 17.0 full-time equivalent students per
teacher beginning in the 2017-18 school year.
(c) The minimum allocation for each prototypical middle
and high school shall also provide for full-time equivalent
classroom teachers based on the following number of fulltime equivalent students per teacher in career and technical
education:
Career and technical
education average
class size
Approved career and technical education offered at
the middle school and high school level . . . . . . . . . . . .26.57
Skill center programs meeting the standards established
by the office of the superintendent of public
instruction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22.76
(d) In addition, the omnibus appropriations act shall at a
minimum specify:
(i) A high-poverty average class size in schools where
more than fifty percent of the students are eligible for free
and reduced-price meals; and
(ii) A specialty average class size for laboratory science,
advanced placement, and international baccalaureate courses.
(5) The minimum allocation for each level of prototypical school shall include allocations for the following types of
staff in addition to classroom teachers:
Elementary
School
Principals, assistant principals, and other certificated building-level
administrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Teacher librarians, a function that includes information literacy,
technology, and media to support school library media programs . . . . . .
Health and social services:
School nurses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Psychologists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guidance counselors, a function that includes parent outreach and
graduation advising. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Teaching assistance, including any aspect of educational instructional
services provided by classified employees . . . . . . . . . . . . . . . . . . . . . . . .
Office support and other noninstructional aides . . . . . . . . . . . . . . . . . . . .
Custodians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Classified staff providing student and staff safety . . . . . . . . . . . . . . . . . .
Parent involvement coordinators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)(a) The minimum staffing allocation for each school
district to provide district-wide support services shall be allocated per one thousand annual average full-time equivalent
students in grades K-12 as follows:
Staff per 1,000
K-12 students
Technology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .0.628
Facilities, maintenance, and grounds . . . . . . . . . . . . . . .1.813
Warehouse, laborers, and mechanics . . . . . . . . . . . . . . .0.332
[Title 28A RCW—page 14]
Middle
School
High School
1.253
1.353
1.880
0.663
0.519
0.523
0.076
0.042
0.017
0.060
0.006
0.002
0.096
0.015
0.007
0.493
1.116
1.909
0.936
2.012
1.657
0.079
0.00
0.700
2.325
1.942
0.092
0.00
0.652
3.269
2.965
0.141
0.00
(b) The minimum allocation of staff units for each school
district to support certificated and classified staffing of central administration shall be 5.30 percent of the staff units generated under subsections (4)(a) and (b) and (5) of this section
and (a) of this subsection.
(7) The distribution formula shall include staffing allocations to school districts for career and technical education and
skill center administrative and other school-level certificated
staff, as specified in the omnibus appropriations act.
(8)(a) Except as provided in (b) of this subsection, the
minimum allocation for each school district shall include
(2010 Ed.)
General Provisions
allocations per annual average full-time equivalent student
for the following materials, supplies, and operating costs, to
be adjusted for inflation from the 2008-09 school year:
Per annual average
full-time equivalent student
in grades K-12
Technology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$54.43
Utilities and insurance . . . . . . . . . . . . . . . . . . . . . . . .$147.90
Curriculum and textbooks . . . . . . . . . . . . . . . . . . . . . .$58.44
Other supplies and library materials . . . . . . . . . . . . .$124.07
Instructional professional development for
certified and classified staff . . . . . . . . . . . . . . . . . . . . . $9.04
Facilities maintenance . . . . . . . . . . . . . . . . . . . . . . . . .$73.27
Security and central office . . . . . . . . . . . . . . . . . . . . . .$50.76
(b) During the 2011-2013 biennium, the minimum allocation for maintenance, supplies, and operating costs shall be
increased as specified in the omnibus appropriations act. The
following allocations, adjusted for inflation from the 2007-08
school year, are provided in the 2015-16 school year, after
which the allocations shall be adjusted annually for inflation
as specified in the omnibus appropriations act:
Per annual average
full-time equivalent student
in grades K-12
Technology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$113.80
Utilities and insurance . . . . . . . . . . . . . . . . . . . . . . . .$309.21
Curriculum and textbooks . . . . . . . . . . . . . . . . . . . . .$122.17
Other supplies and library materials . . . . . . . . . . . . .$259.39
Instructional professional development for
certificated and classified staff. . . . . . . . . . . . . . . . . . $18.89
Facilities maintenance . . . . . . . . . . . . . . . . . . . . . . . .$153.18
Security and central office administration . . . . . . . . .$106.12
(9) In addition to the amounts provided in subsection (8)
of this section, the omnibus appropriations act shall provide
an amount based on full-time equivalent student enrollment
in each of the following:
(a) Exploratory career and technical education courses
for students in grades seven through twelve;
(b) Laboratory science courses for students in grades
nine through twelve;
(c) Preparatory career and technical education courses
for students in grades nine through twelve offered in a high
school; and
(d) Preparatory career and technical education courses
for students in grades eleven and twelve offered through a
skill center.
(10) In addition to the allocations otherwise provided
under this section, amounts shall be provided to support the
following programs and services:
(a) To provide supplemental instruction and services for
underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065, allocations shall be based on the district percentage of students in
grades K-12 who were eligible for free or reduced-price
meals in the prior school year. The minimum allocation for
the program shall provide for each level of prototypical
school resources to provide, on a statewide average, 1.5156
hours per week in extra instruction with a class size of fifteen
learning assistance program students per teacher.
(2010 Ed.)
28A.150.260
(b) To provide supplemental instruction and services for
students whose primary language is other than English, allocations shall be based on the head count number of students
in each school who are eligible for and enrolled in the transit i o n a l b i l i n g u a l i n s t r u ct i o n p r o g r a m u n d e r R C W
28A.180.010 through 28A.180.080. The minimum allocation for each level of prototypical school shall provide
resources to provide, on a statewide average, 4.7780 hours
per week in extra instruction with fifteen transitional bilingual instruction program students per teacher.
(c) To provide additional allocations to support programs for highly capable students under RCW 28A.185.010
through 28A.185.030, allocations shall be based on two and
three hundred fourteen one-thousandths percent of each
school district’s full-time equivalent basic education enrollment. The minimum allocation for the programs shall provide resources to provide, on a statewide average, 2.1590
hours per week in extra instruction with fifteen highly capable program students per teacher.
(11) The allocations under subsections (4)(a) and (b),
(5), (6), and (8) of this section shall be enhanced as provided
under RCW 28A.150.390 on an excess cost basis to provide
supplemental instructional resources for students with disabilities.
(12)(a) For the purposes of allocations for prototypical
high schools and middle schools under subsections (4) and
(10) of this section that are based on the percent of students in
the school who are eligible for free and reduced-price meals,
the actual percent of such students in a school shall be
adjusted by a factor identified in the omnibus appropriations
act to reflect underreporting of free and reduced-price meal
eligibility among middle and high school students.
(b) Allocations or enhancements provided under subsections (4), (7), and (9) of this section for exploratory and preparatory career and technical education courses shall be provided only for courses approved by the office of the superintendent of public instruction under chapter 28A.700 RCW.
(13)(a) This formula for distribution of basic education
funds shall be reviewed biennially by the superintendent and
governor. The recommended formula shall be subject to
approval, amendment or rejection by the legislature.
(b) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new
distribution formula, the distribution formula for the previous
school year shall remain in effect.
(c) The enrollment of any district shall be the annual
average number of full-time equivalent students and parttime students as provided in RCW 28A.150.350, enrolled on
the first school day of each month, including students who
are in attendance pursuant to RCW 28A.335.160 and
28A.225.250 who do not reside within the servicing school
district. The definition of full-time equivalent student shall
be determined by rules of the superintendent of public
instruction and shall be included as part of the superintendent’s biennial budget request. The definition shall be based
on the minimum instructional hour offerings required under
RCW 28A.150.220. Any revision of the present definition
shall not take effect until approved by the house ways and
means committee and the senate ways and means committee.
(d) The office of financial management shall make a
monthly review of the superintendent’s reported full-time
[Title 28A RCW—page 15]
28A.150.262
Title 28A RCW: Common School Provisions
equivalent students in the common schools in conjunction
with RCW 43.62.050. [2010 c 236 § 2; 2009 c 548 § 106;
2006 c 263 § 322; 1997 c 13 § 2; (1997 c 13 § 1 and 1995 c
77 § 2 expired September 1, 2000); 1995 c 77 § 3; 1992 c 141
§ 507; 1992 c 141 § 303; 1991 c 116 § 10; 1990 c 33 § 108;
1987 1st ex.s. c 2 § 202; 1985 c 349 § 5; 1983 c 229 § 1; 1979
ex.s. c 250 § 3; 1979 c 151 § 12; 1977 ex.s. c 359 § 5; 1969
ex.s. c 244 § 14. Prior: 1969 ex.s. c 217 § 3; 1969 c 130 § 7;
1969 ex.s. c 223 § 28A.41.140; prior: 1965 ex.s. c 154 § 3.
Formerly RCW 28A.41.140, 28.41.140.]
Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: "Sections 2,
3, 4, 8, 10, 13, and 14 of this act take effect September 1, 2011." [2010 c 236
§ 19.]
Intent—2010 c 236: "(1) It is the legislature’s intent to continue implementation of chapter 548, Laws of 2009, by adopting the technical details of
a new distribution formula for the instructional program of basic education
and authorizing a phase-in of implementation of a new distribution formula
for pupil transportation, both to take effect during the 2011-2013 biennium.
Unless otherwise stated, the numeric values adopted in section 2 of this act
represent the translation of 2009-10 state funding levels for the basic education act into the funding factors of the prototypical school funding formula,
based on the expert advice and extensive work of the funding formula technical working group established by the legislature for this purpose. The legislature intends to continue to review and revise the formulas and may make
revisions as necessary for technical purposes and consistency in the event of
mathematical or other technical errors.
(2) The legislature intends that per-pupil basic education funding for a
school district shall not be decreased as a result of the transition of basic education funding formulas in effect during the 2009-2011 biennium to the new
funding formulas under RCW 28A.150.260 that take effect during the 20112013 biennium.
(3) It is also the legislature’s intent to begin phasing-in enhancements
to the baseline funding levels of 2009-10 in the 2011-2013 biennium for
pupil transportation, class size allocations for grades kindergarten through
three, full-day kindergarten, and allocations for maintenance, supplies, and
operating costs.
(4) Finally, it is the legislature’s intent to adjust the timelines for other
working groups so that their expertise and advice can be received as soon as
possible and to make technical adjustments to certain provisions of chapter
548, Laws of 2009." [2010 c 236 § 1.]
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes
following RCW 84.52.0531.
Basic Education Act, RCW 28A.150.260 as part of: RCW 28A.150.200.
Distribution of forest reserve funds—As affects basic education allocation:
RCW 28A.520.020.
Additional notes found at www.leg.wa.gov
28A.150.262 Defining full-time equivalent student—
Students receiving instruction through alternative learning experience online programs—Requirements—Rules.
Under RCW 28A.150.260, the superintendent of public
instruction shall revise the definition of a full-time equivalent
student to include students who receive instruction through
alternative learning experience online programs. As used in
this section, an "alternative learning experience online program" is a set of online courses or an online school program
as defined in RCW 28A.250.010 that is delivered to students
28A.150.262
[Title 28A RCW—page 16]
in whole or in part independently from a regular classroom
schedule. The superintendent of public instruction has the
authority to adopt rules to implement the revised definition
beginning with the 2005-2007 biennium for school districts
claiming state funding for the programs. The rules shall
include but not be limited to the following:
(1) Defining a full-time equivalent student under RCW
28A.150.260 or part-time student under RCW 28A.150.350
based upon the district’s estimated average weekly hours of
learning activity as identified in the student’s learning plan,
as long as the student is found, through monthly evaluation,
to be making satisfactory progress; the rules shall require districts providing programs under this section to nonresident
students to establish procedures that address, at a minimum,
the coordination of student counting for state funding so that
no student is counted for more than one full-time equivalent
in the aggregate;
(2) Requiring the board of directors of a school district
offering, or contracting under RCW 28A.150.305 to offer, an
alternative learning experience online program to adopt and
annually review written policies for each program and program provider and to receive an annual report on its digital
alternative learning experience online programs from its
staff;
(3) Requiring each school district offering or contracting
to offer an alternative learning experience online program to
report annually to the superintendent of public instruction on
the types of programs and course offerings, and number of
students participating;
(4) Requiring completion of a program self-evaluation;
(5) Requiring documentation of the district of the student’s physical residence;
(6) Requiring that supervision, monitoring, assessment,
and evaluation of the alternative learning experience online
program be provided by certificated instructional staff;
(7) Requiring each school district offering courses or
programs to identify the ratio of certificated instructional
staff to full-time equivalent students enrolled in such courses
or programs, and to include a description of their ratio as part
of the reports required under subsections (2) and (3) of this
section;
(8) Requiring reliable methods to verify a student is
doing his or her own work; the methods may include proctored examinations or projects, including the use of web cams
or other technologies. "Proctored" means directly monitored
by an adult authorized by the school district;
(9) Requiring, for each student receiving instruction in
an alternative learning experience online program, a learning
plan that includes a description of course objectives and
information on the requirements a student must meet to successfully complete the program or courses. The rules shall
allow course syllabi and other additional information to be
used to meet the requirement for a learning plan;
(10) Requiring that the district assess the educational
progress of enrolled students at least annually, using, for fulltime students, the state assessment for the student’s grade
level and using any other annual assessments required by the
school district. Part-time students shall also be assessed at
least annually. However, part-time students who are either
receiving home-based instruction under chapter 28A.200
RCW or who are enrolled in an approved private school
(2010 Ed.)
General Provisions
under chapter 28A.195 RCW are not required to participate
in the assessments required under chapter 28A.655 RCW.
The rules shall address how students who reside outside the
geographic service area of the school district are to be
assessed;
(11) Requiring that each student enrolled in the program
have direct personal contact with certificated instructional
staff at least weekly until the student completes the course
objectives or the requirements in the learning plan. Direct
personal contact is for the purposes of instruction, review of
assignments, testing, evaluation of student progress, or other
learning activities. Direct personal contact may include the
use of telephone, e-mail, instant messaging, interactive video
communication, or other means of digital communication;
(12) Requiring state-funded public schools or public
school programs whose primary purpose is to provide alternative learning experience online learning programs to
receive accreditation through the Northwest association of
accredited schools or another national, regional, or state
accreditation program listed by the office of the superintendent of public instruction after consultation with the Washington coalition for online learning;
(13) Requiring state-funded public schools or public
school programs whose primary purpose is to provide alternative learning experience online learning to provide information to students and parents on whether or not the courses
or programs: Cover one or more of the school district’s
learning goals or of the state’s essential academic learning
requirements or whether they permit the student to meet one
or more of the state’s or district’s graduation requirements;
and
(14) Requiring that a school district that provides one or
more alternative learning experience online courses to a student provide the parent or guardian of the student, prior to the
student’s enrollment, with a description of any difference
between home-based education as described in chapter
28A.200 RCW and the enrollment option selected by the student. The parent or guardian shall sign documentation attesting to his or her understanding of the difference and the documentation shall be retained by the district and made available for audit. [2009 c 542 § 9; 2005 c 356 § 2.]
Findings—Intent—2005 c 356: "The legislature finds that digital
learning courses and programs can provide students with opportunities to
study subjects that may not otherwise be available within the students’
schools, school districts, or communities. These courses can also meet the
instructional needs of students who have scheduling conflicts, students who
learn best from technology-based instructional methods, and students who
have a need to enroll in schools on a part-time basis. Digital learning courses
can also meet the needs of students and families seeking nontraditional learning environments. The legislature further finds that the state rules used by
school districts to support some digital learning courses were adopted before
these types of courses were created, so the rules are not well-suited to the
funding and delivery of digital instruction. It is the intent of the legislature
to clarify the funding and delivery requirements for digital learning courses."
[2005 c 356 § 1.]
28A.150.270 Annual basic education allocation of
funds according to average FTE student enrollment—
Procedure for crediting portion for school building purposes. The board of directors of a school district may, by
properly executed resolution, request that the superintendent
of public instruction direct a portion of the district’s basic
education allocation be credited to the district’s capital
28A.150.270
(2010 Ed.)
28A.150.290
projects fund and/or bond redemption fund. Moneys so credited shall be used solely for school building purposes. [1985
c 7 § 89; 1980 c 154 § 13. Formerly RCW 28A.41.143.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
28A.150.275 Annual basic education allocation for
students in technical colleges. The basic education allocation, including applicable vocational entitlements and special
education program money, generated under this chapter and
under state appropriation acts by school districts for students
enrolled in a technical college program established by an
interlocal agreement under RCW 28B.50.533 shall be allocated in amounts as determined by the superintendent of public instruction to the serving college rather than to the school
district, unless the college chooses to continue to receive the
allocations through the school districts. This section does not
apply to students enrolled in the running start program established in RCW 28A.600.310. [1995 c 77 § 4; 1993 c 223 § 1.]
28A.150.275
28A.150.280 Reimbursement for acquisition of
approved transportation equipment—Method. Costs of
acquisition of approved transportation equipment purchased
prior to September 1, 1982, shall be reimbursed up to one
hundred percent of the cost to be reimbursed over the anticipated life of the vehicle, as determined by the state superintendent: PROVIDED, That commencing with the 1980-81
school year, reimbursement shall be at one hundred percent
or as close thereto as reasonably possible: PROVIDED
FURTHER, That reimbursements for the acquisition of
approved transportation equipment received by school districts shall be placed in the transportation vehicle fund for the
current or future purchase of approved transportation equipment and for major transportation equipment repairs consistent with rules and regulations authorized in RCW
28A.160.130. [1993 c 111 § 1. Prior: 1990 c 33 § 110; 1990
c 33 § 109; 1981 c 343 § 1; 1981 c 265 § 9; 1981 c 265 § 8;
1977 ex.s. c 359 § 6; 1977 c 80 § 3; 1975 1st ex.s. c 275 § 60;
1972 ex.s. c 85 § 1; 1971 c 48 § 14; 1969 ex.s. c 223 §
28A.41.160; prior: 1965 ex.s. c 154 § 5. Formerly RCW
28A.41.160, 28.41.160.]
28A.150.280
Additional programs for which legislative appropriations must or may be
made: RCW 28A.150.370.
Basic Education Act, RCW 28A.150.280 as part of: RCW 28A.150.200.
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
Additional notes found at www.leg.wa.gov
28A.150.290 State superintendent to make rules and
regulations—Unforeseen conditions or actions to be recognized—Paperwork limited. (1) The superintendent of
public instruction shall have the power and duty to make such
rules and regulations as are necessary for the proper administration of this chapter and RCW 28A.160.150 through
*28A.160.220, 28A.300.170, and 28A.500.010 not inconsistent with the provisions thereof, and in addition to require
such reports as may be necessary to carry out his or her duties
under this chapter and RCW 28A.160.150 through
*28A.160.220, 28A.300.170, and 28A.500.010.
28A.150.290
[Title 28A RCW—page 17]
28A.150.295
Title 28A RCW: Common School Provisions
(2) The superintendent of public instruction shall have
the authority to make rules and regulations which establish
the terms and conditions for allowing school districts to
receive state basic education moneys as provided in RCW
28A.150.250 when said districts are unable to fulfill for one
or more schools as officially scheduled the requirement of a
full school year of one hundred eighty days or the annual
average total instructional hour offering imposed by RCW
28A.150.220 and 28A.150.260 due to one or more of the following conditions:
(a) An unforeseen natural event, including, but not necessarily limited to, a fire, flood, explosion, storm, earthquake,
epidemic, or volcanic eruption that has the direct or indirect
effect of rendering one or more school district facilities
unsafe, unhealthy, inaccessible, or inoperable; and
(b) An unforeseen mechanical failure or an unforeseen
action or inaction by one or more persons, including negligence and threats, that (i) is beyond the control of both a
school district board of directors and its employees and (ii)
has the direct or indirect effect of rendering one or more
school district facilities unsafe, unhealthy, inaccessible, or
inoperable. Such actions, inactions or mechanical failures
may include, but are not necessarily limited to, arson, vandalism, riots, insurrections, bomb threats, bombings, delays in
the scheduled completion of construction projects, and the
discontinuance or disruption of utilities such as heating, lighting and water: PROVIDED, That an unforeseen action or
inaction shall not include any labor dispute between a school
district board of directors and any employee of the school district.
A condition is foreseeable for the purposes of this subsection to the extent a reasonably prudent person would have
anticipated prior to August first of the preceding school year
that the condition probably would occur during the ensuing
school year because of the occurrence of an event or a circumstance which existed during such preceding school year
or a prior school year. A board of directors of a school district
is deemed for the purposes of this subsection to have knowledge of events and circumstances which are a matter of common knowledge within the school district and of those events
and circumstances which can be discovered upon prudent
inquiry or inspection.
(3) The superintendent of public instruction shall make
every effort to reduce the amount of paperwork required in
administration of this chapter and RCW 28A.160.150
through *28A.160.220, 28A.300.170, and 28A.500.010; to
simplify the application, monitoring and evaluation processes
used; to eliminate all duplicative requests for information
from local school districts; and to make every effort to integrate and standardize information requests for other state
education acts and federal aid to education acts administered
by the superintendent of public instruction so as to reduce
paperwork requirements and duplicative information
requests. [1992 c 141 § 504; 1990 c 33 § 111; 1981 c 285 §
1; 1979 ex.s. c 250 § 6; 1973 1st ex.s. c 78 § 1; 1972 ex.s. c
105 § 4; 1971 c 46 § 1; 1969 ex.s. c 3 § 2; 1969 ex.s. c 223 §
28A.41.170. Prior: 1965 ex.s. c 154 § 6. Formerly RCW
28A.41.170, 28.41.170.]
*Reviser’s note: RCW 28A.160.220 was recodified as RCW
28A.300.035 pursuant to 1994 c 113 § 2.
[Title 28A RCW—page 18]
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Additional notes found at www.leg.wa.gov
28A.150.295 General public school system—Maintained. A general and uniform system of public schools
embracing the common schools shall be maintained throughout the state of Washington in accordance with Article IX of
the state Constitution. [1969 ex.s. c 223 § 28A.02.010. Prior:
1909 c 97 p 230 § 1; RRS § 4518; prior: 1897 c 118 § 1; 1890
p 348 § 1. Formerly RCW 28A.02.010, 28.02.010.]
28A.150.295
28A.150.300 Corporal punishment prohibited—
Adoption of policy. The use of corporal punishment in the
common schools is prohibited. The superintendent of public
instruction shall develop and adopt a policy prohibiting the
use of corporal punishment in the common schools. The policy shall be adopted and implemented in all school districts.
[2006 c 263 § 702; 1993 c 68 § 1.]
28A.150.300
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.150.305 Alternative educational service providers—Student eligibility. (1) The board of directors of
school districts may contract with alternative educational service providers for eligible students. Alternative educational
service providers that the school district may contract with
include, but are not limited to:
(a) Other schools;
(b) Alternative education programs not operated by the
school district;
(c) Education centers;
(d) Skills centers;
(e) The Washington national guard youth challenge program;
(f) Dropout prevention programs; or
(g) Other public or private organizations, excluding sectarian or religious organizations.
(2) Eligible students include students who are likely to
be expelled or who are enrolled in the school district but have
been suspended, are academically at risk, or who have been
subject to repeated disciplinary actions due to behavioral
problems.
(3) If a school district board of directors chooses to initiate specialized programs for students at risk of expulsion or
who are failing academically by contracting out with alternative educational service providers identified in subsection (1)
of this section, the school district board of directors and the
organization must specify the specific learning standards that
students are expected to achieve. Placement of the student
shall be jointly determined by the school district, the student’s parent or legal guardian, and the alternative educational service provider.
(4) For the purpose of this section, the superintendent of
public instruction shall adopt rules for reporting and documenting enrollment. Students may reenter at the grade level
appropriate to the student’s ability. Students who are sixteen
years of age or older may take the GED test.
(5) The board of directors of school districts may require
that students who would otherwise be suspended or expelled
attend schools or programs listed in subsection (1) of this sec28A.150.305
(2010 Ed.)
General Provisions
tion as a condition of continued enrollment in the school district. [2002 c 291 § 1; 1997 c 265 § 6.]
Additional notes found at www.leg.wa.gov
28A.150.310 National guard youth challenge program—Allocation of funding—Rules. Basic and nonbasic
education funding, including applicable vocational entitlements and special education program money, generated
under this chapter and under state appropriations acts shall be
allocated directly to the military department for a national
guard youth challenge program for students earning high
school graduation credit under *RCW 28A.305.170. Funding
shall be provided based on statewide average rates for basic
education, special education, categorical, and block grant
programs as determined by the office of the superintendent of
public instruction. The monthly full-time equivalent enrollment reported for students enrolled in the national guard
youth challenge program shall be based on one full-time
equivalent for every one hundred student hours of scheduled
instruction eligible for high school graduation credit. The
office of the superintendent of public instruction, in consultation with the military department, shall adopt such rules as
are necessary to implement this section. [2002 c 291 § 2.]
28A.150.310
*Reviser’s note: RCW 28A.305.170 was recodified as RCW
28A.300.165 pursuant to 2006 c 263 § 419.
28A.150.315 Voluntary all-day kindergarten programs—Funding. (Effective until September 1, 2011.) (1)
Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as
those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior
school year. Once a school receives funding for the all-day
kindergarten program, that school shall remain eligible for
funding in subsequent school years regardless of changes in
the school’s percentage of students eligible for free and
reduced-price lunches as long as other program requirements
are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:
(a) Provide at least a one thousand-hour instructional
program;
(b) Provide a curriculum that offers a rich, varied set of
experiences that assist students in:
(i) Developing initial skills in the academic areas of
reading, mathematics, and writing;
(ii) Developing a variety of communication skills;
(iii) Providing experiences in science, social studies,
arts, health and physical education, and a world language
other than English;
(iv) Acquiring large and small motor skills;
(v) Acquiring social and emotional skills including successful participation in learning activities as an individual
and as part of a group; and
(vi) Learning through hands-on experiences;
(c) Establish learning environments that are developmentally appropriate and promote creativity;
(d) Demonstrate strong connections and communication
with early learning community providers; and
28A.150.315
(2010 Ed.)
28A.150.315
(e) Participate in kindergarten program readiness activities with early learning providers and parents.
(2) Subject to funds appropriated for this purpose, the
superintendent of public instruction shall designate one or
more school districts to serve as resources and examples of
best practices in designing and operating a high-quality allday kindergarten program. Designated school districts shall
serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic
planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities.
(3) Any funds allocated to support all-day kindergarten
programs under this section shall not be considered as basic
education funding. [2007 c 400 § 2.]
Capt ion s n ot l aw— 200 7 c 400 : See no te fol lo win g R CW
28A.150.210.
28A.150.315 Voluntary all-day kindergarten programs—Funding. (Effective September 1, 2011.) (1)
Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as
those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior
school year. During the 2011-2013 biennium, funding shall
continue to be phased-in each year until full statewide implementation of all-day kindergarten is achieved in the 2017-18
school year. Once a school receives funding for the all-day
kindergarten program, that school shall remain eligible for
funding in subsequent school years regardless of changes in
the school’s percentage of students eligible for free and
reduced-price lunches as long as other program requirements
are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:
(a) Provide at least a one thousand-hour instructional
program;
(b) Provide a curriculum that offers a rich, varied set of
experiences that assist students in:
(i) Developing initial skills in the academic areas of
reading, mathematics, and writing;
(ii) Developing a variety of communication skills;
(iii) Providing experiences in science, social studies,
arts, health and physical education, and a world language
other than English;
(iv) Acquiring large and small motor skills;
(v) Acquiring social and emotional skills including successful participation in learning activities as an individual
and as part of a group; and
(vi) Learning through hands-on experiences;
(c) Establish learning environments that are developmentally appropriate and promote creativity;
(d) Demonstrate strong connections and communication
with early learning community providers; and
(e) Participate in kindergarten program readiness activities with early learning providers and parents.
28A.150.315
[Title 28A RCW—page 19]
28A.150.350
Title 28A RCW: Common School Provisions
(2) Subject to funds appropriated for this purpose, the
superintendent of public instruction shall designate one or
more school districts to serve as resources and examples of
best practices in designing and operating a high-quality allday kindergarten program. Designated school districts shall
serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic
planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities. [2010 c 236 § 4; 2009 c
548 § 107; 2007 c 400 § 2.]
Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260.
Intent—2010 c 236: See note following RCW 28A.150.260.
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Capti ons no t la w— 200 7 c 400: See no te fol lo win g RC W
28A.150.210.
28A.150.350 Part time students—Defined—Enrollment authorized—Reimbursement for costs—Funding
authority recognition—Rules, regulations. (1) For purposes of this section, the following definitions shall apply:
(a) "Private school student" shall mean any student
enrolled full time in a private school;
(b) "School" shall mean any primary, secondary or vocational school;
(c) "School funding authority" shall mean any nonfederal governmental authority which provides moneys to common schools;
(d) "Part time student" shall mean and include: Any student enrolled in a course of instruction in a private school and
taking courses at and/or receiving ancillary services offered
by any public school not available in such private school; or
any student who is not enrolled in a private school and is
receiving home-based instruction under RCW 28A.225.010
which instruction includes taking courses at or receiving
ancillary services from the local school district or both; or
any student involved in any work training program and taking courses in any public school, which work training program is approved by the school board of the district in which
such school is located.
(2) The board of directors of any school district is authorized and, in the same manner as for other public school students, shall permit the enrollment of and provide ancillary
services for part time students: PROVIDED, That this section shall only apply to part time students who would be otherwise eligible for full time enrollment in the school district.
(3) The superintendent of public instruction shall recognize the costs to each school district occasioned by enrollment of and/or ancillary services provided for part time students authorized by subsection (2) of this section and shall
include such costs in the distribution of funds to school districts pursuant to RCW 28A.150.260. Each school district
shall be reimbursed for the costs or a portion thereof, occa28A.150.350
[Title 28A RCW—page 20]
sioned by attendance of and/or ancillary services provided for
part time students on a part time basis, by the superintendent
of public instruction, according to law.
(4) Each school funding authority shall recognize the
costs occasioned to each school district by enrollment of and
ancillary services provided for part time students authorized
by subsection (2) of this section, and shall include said costs
in funding the activities of said school districts.
(5) The superintendent of public instruction is authorized
to adopt rules and regulations to carry out the purposes of
RCW 28A.150.260 and 28A.150.350. [1990 c 33 § 112;
1985 c 441 § 5; 1977 ex.s. c 359 § 8; 1972 ex.s. c 14 § 1; 1969
ex.s. c 217 § 4. Formerly RCW 28A.41.145.]
Basic Education Act, RCW 28A.150.350 as part of: RCW 28A.150.200.
Additional notes found at www.leg.wa.gov
28A.150.360 Adjustments to meet emergencies. In
the event of an unforeseen emergency, in the nature of either
an unavoidable cost to a district or unexpected variation in
anticipated revenues to a district, the state superintendent is
authorized, for not to exceed two years, to make such an
adjustment in the allocation of funds as is consistent with the
intent of this chap ter, RC W 2 8A.160 .15 0 thr ough
28A.160.210, 28A.300.170, and 28A.500.010 in providing
an equal educational opportunity for the children of such district or districts. [1995 c 335 § 101; 1990 c 33 § 113; 1969
ex.s. c 223 § 28A.41.150. Prior: 1965 ex.s. c 154 § 4. Formerly RCW 28A.41.150, 28.41.150.]
28A.150.360
Additional notes found at www.leg.wa.gov
28A.150.370 Additional programs for which legislative appropriations must or may be made. (Effective until
September 1, 2011.) In addition to those state funds provided
to school districts for basic education, the legislature shall
appropriate funds for pupil transportation, in accordance with
this chapter, RCW 28A.160.150 through 28A.160.210,
28A.300.035, 28A.300.170, and 28A.500.010, and for special education programs for students with disabilities, in
accordance with RCW 28A.155.010 through 28A.155.100.
The legislature may appropriate funds to be distributed to
school districts for population factors such as urban costs,
enrollment fluctuations and for special programs, including
but not limited to, vocational-technical institutes, compensatory programs, bilingual education, urban, rural, racial and
disadvantaged programs, programs for gifted students, and
other special programs. [1995 c 335 § 102; 1995 c 77 § 5;
1990 c 33 § 114; 1982 1st ex.s. c 24 § 1; 1977 ex.s. c 359 § 7.
Formerly RCW 28A.41.162.]
28A.150.370
Reviser’s note: This section was amended by 1995 c 77 § 5 and by
1995 c 335 § 102, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Basic Education Act, RCW 28A.150.370 as part of: RCW 28A.150.200.
Additional notes found at www.leg.wa.gov
28A.150.380 Appropriations by legislature. (Effective until September 1, 2011.) (1) The state legislature shall,
at each regular session in an odd-numbered year, appropriate
from the state general fund for the current use of the common
schools such amounts as needed for state support to the common schools during the ensuing biennium as provided in this
28A.150.380
(2010 Ed.)
General Provisions
chapter, RCW 28A.160.150 through 28A.160.210,
28A.300.170, and 28A.500.010.
(2) The state legislature shall also, at each regular session
in an odd-numbered year, appropriate from the general fund
and education construction fund for the purposes of and in
accordance with the provisions of the student achievement
act during the ensuing biennium. [2009 c 479 § 16; 2001 c 3
§ 10 (Initiative Measure No. 728, approved November 7,
2000); 1995 c 335 § 103; 1990 c 33 § 115; 1980 c 6 § 3; 1969
ex.s. c 223 § 28A.41.050. Prior: 1945 c 141 § 2; Rem. Supp.
1945 § 4940-2. Formerly RCW 28A.41.050, 28.41.050.]
Effective date—2009 c 479: See note following RCW 2.56.030.
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.
Additional notes found at www.leg.wa.gov
28A.150.380 Appropriations by legislature. (Effective September 1, 2011.) (1) The state legislature shall, at
each regular session in an odd-numbered year, appropriate
for the current use of the common schools such amounts as
needed for state support to school districts during the ensuing
biennium for the program of basic education under RCW
28A.150.200.
(2) In addition to those state funds provided to school
districts for basic education, the legislature may appropriate
funds to be distributed to school districts for other factors and
for other special programs to enhance or enrich the program
of basic education.
(3) The state legislature shall also, at each regular session
in an odd-numbered year, appropriate from the general fund
and education construction fund for the purposes of and in
accordance with the provisions of the student achievement
act during the ensuing biennium. [2009 c 548 § 110; 2009 c
479 § 16; 2001 c 3 § 10 (Initiative Measure No. 728,
approved November 7, 2000); 1995 c 335 § 103; 1990 c 33 §
115; 1980 c 6 § 3; 1969 ex.s. c 223 § 28A.41.050. Prior:
1945 c 141 § 2; Rem. Supp. 1945 § 4940-2. Formerly RCW
28A.41.050, 28.41.050.]
28A.150.380
Reviser’s note: This section was amended by 2009 c 479 § 16 and by
2009 c 548 § 110, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Effective date—2009 c 479: See note following RCW 2.56.030.
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.
Additional notes found at www.leg.wa.gov
28A.150.390 Appropriations for special education
programs. (Effective until September 1, 2011.) The superintendent of public instruction shall submit to each regular
session of the legislature during an odd-numbered year a programmed budget request for special education programs for
students with disabilities. Funding for programs operated by
local school districts shall be on an excess cost basis from
28A.150.390
(2010 Ed.)
28A.150.390
appropriations provided by the legislature for special education programs for students with disabilities and shall take
account of state funds accruing through RCW 28A.150.250,
28A.150.260, federal medical assistance and private funds
accruing under *RCW 74.09.5249 through 74.09.5253 and
74.09.5254 through 74.09.5256, and other state and local
funds, excluding special excess levies. [1995 c 77 § 6; 1994
c 180 § 8; 1993 c 149 § 9; 1990 c 33 § 116; 1989 c 400 § 2;
1980 c 87 § 5; 1971 ex.s. c 66 § 11. Formerly RCW
28A.41.053.]
*Reviser’s note: RCW 74.09.5249 through 74.09.5256 were repealed
by 2009 c 73 § 1.
Intent—1989 c 400: "The legislature finds that there is increasing
demand for school districts’ special education programs to include medical
services necessary for handicapped children’s participation and educational
progress. In some cases, these services could qualify for federal funding
under Title XIX of the social security act. The legislature intends to establish
a process for school districts to obtain reimbursement for eligible services
from medical assistance funds. In this way, state dollars for handicapped
education can be leveraged to generate federal matching funds, thereby
increasing the overall level of resources available for school districts’ special
education programs." [1989 c 400 § 1.]
Additional notes found at www.leg.wa.gov
28A.150.390 Appropriations for special education
programs. (Effective September 1, 2011.) (1) The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for
students with disabilities. Funding for programs operated by
local school districts shall be on an excess cost basis from
appropriations provided by the legislature for special education programs for students with disabilities and shall take
account of state funds accruing through RCW 28A.150.260
(4)(a) and (b), (5), (6), and (8).
(2) The excess cost allocation to school districts shall be
based on the following:
(a) A district’s annual average headcount enrollment of
students ages birth through four and those five year olds not
yet enrolled in kindergarten who are eligible for and enrolled
in special education, multiplied by the district’s base allocation per full-time equivalent student, multiplied by 1.15; and
(b) A district’s annual average full-time equivalent basic
education enrollment, multiplied by the district’s funded
enrollment percent, multiplied by the district’s base allocation per full-time equivalent student, multiplied by 0.9309.
(3) As used in this section:
(a) "Base allocation" means the total state allocation to
all schools in the district generated by the distribution formula under RCW 28A.150.260 (4)(a) and (b), (5), (6), and
(8), to be divided by the district’s full-time equivalent enrollment.
(b) "Basic education enrollment" means enrollment of
resident students including nonresident students enrolled
under RCW 28A.225.225 and students from nonhigh districts
enrolled under RCW 28A.225.210 and excluding students
residing in another district enrolled as part of an interdistrict
cooperative program under RCW 28A.225.250.
(c) "Enrollment percent" means the district’s resident
special education annual average enrollment, excluding students ages birth through four and those five year olds not yet
28A.150.390
[Title 28A RCW—page 21]
28A.150.392
Title 28A RCW: Common School Provisions
enrolled in kindergarten, as a percent of the district’s annual
average full-time equivalent basic education enrollment.
(d) "Funded enrollment percent" means the lesser of the
district’s actual enrollment percent or twelve and seventenths percent. [2010 c 236 § 3; 2009 c 548 § 108; 1995 c 77
§ 6; 1994 c 180 § 8; 1993 c 149 § 9; 1990 c 33 § 116; 1989 c
400 § 2; 1980 c 87 § 5; 1971 ex.s. c 66 § 11. Formerly RCW
28A.41.053.]
Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260.
Intent—2010 c 236: See note following RCW 28A.150.260.
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Intent—1989 c 400: "The legislature finds that there is increasing
demand for school districts’ special education programs to include medical
services necessary for handicapped children’s participation and educational
progress. In some cases, these services could qualify for federal funding
under Title XIX of the social security act. The legislature intends to establish
a process for school districts to obtain reimbursement for eligible services
from medical assistance funds. In this way, state dollars for handicapped
education can be leveraged to generate federal matching funds, thereby
increasing the overall level of resources available for school districts’ special
education programs." [1989 c 400 § 1.]
Additional notes found at www.leg.wa.gov
28A.150.392 Special education funding—Safety net
awards—Rules—Annual survey and report—Safety net
oversight committee. (Effective September 1, 2011.) (1)
To the extent necessary, funds shall be made available for
safety net awards for districts with demonstrated needs for
special education funding beyond the amounts provided
through the special education funding formula under RCW
28A.150.390. If the federal safety net awards based on the
federal eligibility threshold exceed the federal appropriation
in any fiscal year, then the superintendent shall expend all
available federal discretionary funds necessary to meet this
need. Safety net funds shall be awarded by the state safety
net oversight committee subject to the following conditions
and limitations:
(a) The committee shall consider additional funds for
districts that can convincingly demonstrate that all legitimate
expenditures for special education exceed all available revenues from state funding formulas. In the determination of
need, the committee shall also consider additional available
revenues from federal sources. Differences in program costs
attributable to district philosophy, service delivery choice, or
accounting practices are not a legitimate basis for safety net
awards. In the determination of need, the committee shall
require that districts demonstrate that they are maximizing
their eligibility for all state revenues related to services for
special education-eligible students and all federal revenues
from federal impact aid, medicaid, and the individuals with
disabilities education act-Part B and appropriate special
projects. Awards associated with (b) and (c) of this subsection shall not exceed the total of a district’s specific determination of need.
(b) The committee shall then consider the extraordinary
high cost needs of one or more individual special education
students. Differences in costs attributable to district philoso28A.150.392
[Title 28A RCW—page 22]
phy, service delivery choice, or accounting practices are not a
legitimate basis for safety net awards.
(c) Using criteria developed by the committee, the committee shall then consider extraordinary costs associated with
communities that draw a larger number of families with children in need of special education services, which may include
consideration of proximity to group homes, military bases,
and regional hospitals. Safety net awards under this subsection (1)(c) shall be adjusted to reflect amounts awarded under
(b) of this subsection.
(d) The maximum allowable indirect cost for calculating
safety net eligibility may not exceed the federal restricted
indirect cost rate for the district plus one percent.
(e) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent of public instruction in accordance with chapter 318, Laws of 1999.
(f) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.
(2) The superintendent of public instruction may adopt
such rules and procedures as are necessary to administer the
special education funding and safety net award process.
Before revising any standards, procedures, or rules, the
superintendent shall consult with the office of financial management and the fiscal committees of the legislature. In
adopting and revising the rules, the superintendent shall
ensure the application process to access safety net funding is
streamlined, timelines for submission are not in conflict,
feedback to school districts is timely and provides sufficient
information to allow school districts to understand how to
correct any deficiencies in a safety net application, and that
there is consistency between awards approved by school district and by application period. The office of the superintendent of public instruction shall also provide technical assistance to school districts in preparing and submitting special
education safety net applications.
(3) On an annual basis, the superintendent shall survey
districts regarding their satisfaction with the safety net process and consider feedback from districts to improve the
safety net process. Each year by December 1st, the superintendent shall prepare and submit a report to the office of
financial management and the appropriate policy and fiscal
committees of the legislature that summarizes the survey
results and those changes made to the safety net process as a
result of the school district feedback.
(4) The safety net oversight committee appointed by the
superintendent of public instruction shall consist of:
(a) One staff member from the office of the superintendent of public instruction;
(b) Staff of the office of the state auditor who shall be
nonvoting members of the committee; and
(c) One or more representatives from school districts or
educational service districts knowledgeable of special education programs and funding. [2009 c 548 § 109.]
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
(2010 Ed.)
General Provisions
28A.150.400 Apportionment factors to be based on
current figures—Rules and regulations. State and county
funds which may become due and apportionable to school
districts shall be apportioned in such a manner that any
apportionment factors used shall utilize data and statistics
derived in the school year that such funds are paid: PROVIDED, That the superintendent of public instruction may
make necessary administrative provision for the use of estimates, and corresponding adjustments to the extent necessary: PROVIDED FURTHER, That as to those revenues
used in determining the amount of state funds to be apportioned to school districts pursuant to RCW 28A.150.250, any
apportionment factors shall utilize data and statistics derived
in an annual period established pursuant to rules and regulations promulgated by the superintendent of public instruction
in cooperation with the department of revenue. [1990 c 33 §
117; 1972 ex.s. c 26 § 3; 1969 ex.s. c 223 § 28A.41.055.
Prior: 1955 c 350 § 1. Formerly RCW 28A.41.055,
28.41.055.]
28A.150.400
Additional notes found at www.leg.wa.gov
28A.150.410 Basic education certificated instructional staff—Salary allocation schedule—Limits on postgraduate credits. (Effective until September 1, 2011.) (1)
The legislature shall establish for each school year in the
appropriations act a statewide salary allocation schedule, for
allocation purposes only, to be used to distribute funds for
basic education certificated instructional staff salaries under
RCW 28A.150.260.
(2) Salary allocations for state-funded basic education
certificated instructional staff shall be calculated by the
superintendent of public instruction by determining the district’s average salary for certificated instructional staff, using
the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus
appropriations act.
(3) Beginning January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the
baccalaureate degree may be used to determine compensation
allocations under the state salary allocation schedule and
LEAP documents referenced in the omnibus appropriations
act, or any replacement schedules and documents, unless:
(a) The employee has a master’s degree; or
(b) The credits were used in generating state salary allocations before January 1, 1992.
(4) Beginning in the 2007-08 school year, the calculation
of years of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses,
social workers, counselors, and psychologists regulated
under Title 18 RCW may include experience in schools and
other nonschool positions as occupational therapists, physical
therapists, speech-language pathologists, audiologists,
nurses, social workers, counselors, or psychologists. The calculation shall be that one year of service in a nonschool position counts as one year of service for purposes of this chapter,
up to a limit of two years of nonschool service. Nonschool
years of service included in calculations under this subsection
shall not be applied to service credit totals for purposes of any
retirement benefit under chapter 41.32, 41.35, or 41.40 RCW,
or any other state retirement system benefits. [2007 c 403 §
1; 2002 c 353 § 1; 1997 c 141 § 1; 1990 c 33 § 118; 1989 1st
28A.150.410
(2010 Ed.)
28A.150.410
ex.s. c 16 § 1; 1987 3rd ex.s. c 1 § 4; 1987 1st ex.s. c 2 § 204.
Formerly RCW 28A.41.112.]
Effective date—2002 c 353: "This act takes effect September 1, 2002."
[2002 c 353 § 3.]
Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes
following RCW 84.52.0531.
28A.150.410 Basic education certificated instructional staff—Salary allocation schedule—Limits on postgraduate credits. (Effective September 1, 2011.) (1) The
legislature shall establish for each school year in the appropriations act a statewide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic
education certificated instructional staff salaries under RCW
28A.150.260. For the purposes of this section, the staff allocations for classroom teachers, teacher librarians, guidance
counselors, and student health services staff under RCW
28A.150.260 are considered allocations for certificated
instructional staff.
(2) Salary allocations for state-funded basic education
certificated instructional staff shall be calculated by the
superintendent of public instruction by determining the district’s average salary for certificated instructional staff, using
the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus
appropriations act.
(3) Beginning January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the
baccalaureate degree may be used to determine compensation
allocations under the state salary allocation schedule and
LEAP documents referenced in the omnibus appropriations
act, or any replacement schedules and documents, unless:
(a) The employee has a master’s degree; or
(b) The credits were used in generating state salary allocations before January 1, 1992.
(4) Beginning in the 2007-08 school year, the calculation
of years of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses,
social workers, counselors, and psychologists regulated
under Title 18 RCW may include experience in schools and
other nonschool positions as occupational therapists, physical
therapists, speech-language pathologists, audiologists,
nurses, social workers, counselors, or psychologists. The calculation shall be that one year of service in a nonschool position counts as one year of service for purposes of this chapter,
up to a limit of two years of nonschool service. Nonschool
years of service included in calculations under this subsection
shall not be applied to service credit totals for purposes of any
retirement benefit under chapter 41.32, 41.35, or 41.40 RCW,
or any other state retirement system benefits. [2010 c 236 §
10; 2007 c 403 § 1; 2002 c 353 § 1; 1997 c 141 § 1; 1990 c 33
§ 118; 1989 1st ex.s. c 16 § 1; 1987 3rd ex.s. c 1 § 4; 1987 1st
ex.s. c 2 § 204. Formerly RCW 28A.41.112.]
28A.150.410
Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260.
Intent—2010 c 236: See note following RCW 28A.150.260.
Effective date—2002 c 353: "This act takes effect September 1, 2002."
[2002 c 353 § 3.]
Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes
following RCW 84.52.0531.
[Title 28A RCW—page 23]
28A.150.420
Title 28A RCW: Common School Provisions
28A.150.420 Reimbursement for classes provided
outside regular school year. The superintendent of public
instruction shall establish procedures to allow school districts
to claim basic education allocation funds for students attending classes that are provided outside the regular school year
to the extent such attendance is in lieu of attendance during
the regular school year: PROVIDED, That nothing in this
section shall be construed to alter the basic education allocation for which the district is otherwise eligible. [1989 c 233
§ 10. Formerly RCW 28A.41.172.]
28A.150.420
28A.150.500 Educational agencies offering vocational education programs—Local advisory committees—Advice on current job needs. (1) Each local education agency or college district offering vocational educational
programs shall establish local advisory committees to provide that agency or district with advice on current job needs
and on the courses necessary to meet these needs.
(2) The local program committees shall:
(a) Participate in the determination of program goals;
(b) Review and evaluate program curricula, equipment,
and effectiveness;
(c) Include representatives of business and labor who
reflect the local industry, and the community; and
(d) Actively consult with other representatives of business, industry, labor, and agriculture. [1991 c 238 § 76.]
28A.150.500
Additional notes found at www.leg.wa.gov
(a) Review and modify the current requirements for
value engineering, constructibility review, and building commissioning as provided in WAC 180-27-080;
(b) Review private and public utility providers’ capacity
and financial/technical assistance programs for affected public school districts to monitor and report utility consumption
for purposes of reporting to the superintendent of public
instruction as provided in RCW 39.35D.040;
(c) Coordinate with the department of general administration, the state board of health, the department of ecology,
federal agencies, and other affected agencies as appropriate
in their consideration of rules to implement this section.
[2006 c 263 § 326; 2005 c 12 § 7.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Chapter 28A.155
Sections
28A.155.010
28A.155.020
28A.155.030
28A.155.040
28A.155.045
28A.155.050
28A.155.060
28A.150.510 Transmittal of education records to
department of social and health services. In order to effectively serve students who are dependent pursuant to chapter
13.34 RCW, education records shall be transmitted to the
department of social and health services within two school
days after receiving the request from the department provided
that the department certifies that it will not disclose to any
other party the education records without prior written consent of the parent or student unless authorized to disclose the
records under state law. The department of social and health
services is authorized to disclose education records it obtains
pursuant to this section to a foster parent, guardian, or other
entity authorized by the department to provide residential
care to the student. [2008 c 297 § 5; 2000 c 88 § 1.]
28A.150.510
28A.155.065
28A.155.070
28A.155.080
28A.155.090
28A.155.100
28A.155.105
28A.155.115
28A.155.140
28A.155.160
28A.155.170
28A.155.180
28A.155.190
28A.150.520 High-performance public buildings—
Compliance with requirements. Public school districts
must comply with high-performance public building[s]
requirements under RCW 39.35D.010, 39.35D.020,
39.35D.040, 39.35D.060, and 28A.150.530. [2005 c 12 § 9.]
Chapter 28A.155 RCW
SPECIAL EDUCATION
Purpose.
Administration of program in the office of the superintendent of public instruction—Adoption of definitions by
rule—Local school district powers not limited.
Division administrative officer—Duties.
Authority of districts—Participation of department of social
and health services.
Certificate of individual achievement.
Services through special excess cost aid programs—Apportionment—Allocations from state excess funds.
District authority to contract with approved agencies—
Approval standards.
Early intervention services.
Services to students of preschool age with disabilities—
Apportionment—Allocations from state excess cost
funds.
Appeal from denial of educational program.
Superintendent of public instruction’s duty and authority.
Sanctions applied to noncomplying districts.
Braille instruction—Definitions.
Braille instruction—Assessment—Provision in student’s
curriculum.
Curriculum-based assessment procedures for early intervening services.
Assistive devices and services—Interagency cooperative
agreements—Definitions.
Graduation ceremony—Certificate of attendance—Students with individualized education programs.
Safety net funds—Application—Technical assistance—
Annual survey.
Information on autism.
28A.150.520
28A.150.530 High-performance public buildings—
Implementation rules—Energy conservation report
review. (1) In adopting implementation rules, the superintendent of public instruction, in consultation with the department of general administration, shall review and modify the
current requirement for an energy conservation report review
by the department of general administration as provided in
WAC 180-27-075.
(2) In adopting implementation rules, the superintendent
of public instruction shall:
28A.150.530
[Title 28A RCW—page 24]
28A.155.010 Purpose. It is the purpose of RCW
28A.155.010 through 28A.155.160, 28A.160.030, and
28A.150.390 to ensure that all children with disabilities as
defined in RCW 28A.155.020 shall have the opportunity for
an appropriate education at public expense as guaranteed to
them by the Constitution of this state and applicable federal
laws. [2007 c 115 § 1; 1995 c 77 § 7; 1990 c 33 § 120; 1971
ex.s. c 66 § 1. Formerly RCW 28A.13.005.]
28A.155.010
Additional notes found at www.leg.wa.gov
28A.155.020 Administration of program in the office
of the superintendent of public instruction—Adoption of
definitions by rule—Local school district powers not limited. There is established in the office of the superintendent
of public instruction an administrative section or unit for the
28A.155.020
(2010 Ed.)
Special Education
education of children with disabilities who require special
education.
Students with disabilities are those children whether
enrolled in school or not who through an evaluation process
are determined eligible for special education due to a disability.
In accordance with part B of the federal individuals with
disabilities education improvement act and any other federal
or state laws relating to the provision of special education services, the superintendent of public instruction shall require
each school district in the state to insure an appropriate educational opportunity for all children with disabilities between
the ages of three and twenty-one, but when the twenty-first
birthday occurs during the school year, the educational program may be continued until the end of that school year. The
superintendent of public instruction, by rule, shall establish
for the purpose of excess cost funding, as provided in RCW
28A.150.390, 28A.160.030, and 28A.155.010 through
28A.155.160, functional definitions of special education, the
various types of disabling conditions, and eligibility criteria
for special education programs for children with disabilities,
including referral procedures, use of aversive interventions,
the education curriculum and statewide or district-wide
assessments, parent and district requests for special education
due process hearings, and procedural safeguards. For the
purposes of RCW 28A.155.010 through 28A.155.160, an
appropriate education is defined as an education directed to
the unique needs, abilities, and limitations of the children
with disabilities who are enrolled either full time or part time
in a school district. School districts are strongly encouraged
to provide parental training in the care and education of the
children and to involve parents in the classroom.
Nothing in this section shall prohibit the establishment or
continuation of existing cooperative programs between
school districts or contracts with other agencies approved by
the superintendent of public instruction, which can meet the
obligations of school districts to provide education for children with disabilities, or prohibit the continuation of needed
related services to school districts by the department of social
and health services.
This section shall not be construed as in any way limiting
the powers of local school districts set forth in RCW
28A.155.070. [2007 c 115 § 2; 1995 c 77 § 8; 1990 c 33 §
121; 1985 c 341 § 4; 1984 c 160 § 1; 1971 ex.s. c 66 § 2; 1969
ex.s. c 2 § 2; 1969 ex.s. c 223 § 28A.13.010. Prior: 1951 c
92 § 1; prior: (i) 1943 c 120 § 1; Rem. Supp. 1943 § 4679-25.
(ii) 1943 c 120 § 2, part; Rem. Supp. 1943 § 4679-26, part.
Formerly RCW 28A.13.010, 28.13.010.]
Additional notes found at www.leg.wa.gov
28A.155.030 Division administrative officer—Duties.
The superintendent of public instruction shall employ an
administrative officer of the division. The administrative
officer, under the direction of the superintendent of public
instruction, shall coordinate and supervise the program of
special education for eligible children with disabilities in the
school districts of the state. He or she shall ensure that school
districts provide an appropriate educational opportunity for
all children with disabilities in need of special education and
related services and shall coordinate with the state secretary
28A.155.030
(2010 Ed.)
28A.155.045
of social and health services and with county and regional
officers on cases where related services are available for children with disabilities. [2007 c 115 § 3; 1995 c 77 § 9; 1990 c
33 § 122; 1975 1st ex.s. c 275 § 52; 1972 ex.s. c 10 § 1. Prior:
1971 ex.s. c 66 § 3; 1971 c 48 § 3; 1969 ex.s. c 223 §
28A.13.020; prior: 1943 c 120 § 3; Rem. Supp. 1943 §
4679-27. Formerly RCW 28A.13.020, 28.13.020.]
Additional notes found at www.leg.wa.gov
28A.155.040 Authority of districts—Participation of
department of social and health services. The board of
directors of each school district, for the purpose of compliance with the provisions of RCW 28A.150.390,
28A.160.030, and 28A.155.010 through 28A.155.160 and
chapter 28A.190 RCW, shall cooperate with the superintendent of public instruction and with the administrative officer
and shall provide an appropriate educational opportunity to
children with disabilities, as defined in RCW 28A.155.020,
in regular or special school facilities within the district or
shall contract for such services with other agencies as provided in RCW 28A.155.060 or shall participate in an interdistrict arrangement in accordance with RCW 28A.335.160
and 28A.225.220 and/or 28A.225.250 and 28A.225.260.
In carrying out their responsibilities under this chapter,
school districts severally or jointly with the approval of the
superintendent of public instruction are authorized to support
and/ or contract for residential schools and/ or homes
approved by the department of social and health services for
aid and special attention to students with disabilities.
The cost of board and room in facilities approved by the
department of social and health services shall be provided by
the department of social and health services for those students with disabilities eligible for such aid under programs of
the department. The cost of approved board and room shall
be provided for those students with disabilities not eligible
under programs of the department of social and health services but deemed in need of the same by the superintendent
of public instruction: PROVIDED, That no school district
shall be financially responsible for special education programs for students who are attending residential schools
operated by the department of social and health services:
PROVIDED FURTHER, That the provisions of RCW
28A.150.390, 28A.160.030, and 28A.155.010 through
28A.155.100 shall not preclude the extension by the superintendent of public instruction of special education opportunities to students with disabilities in residential schools operated by the department of social and health services. [2007 c
115 § 4; 1995 c 77 § 10; 1990 c 33 § 123; 1971 ex.s. c 66 § 4;
1969 ex.s. c 223 § 28A.13.030. Prior: 1959 c 122 § 1; 1953
c 135 § 1; 1943 c 120 § 4; Rem. Supp. 1943 § 4679-28. Formerly RCW 28A.13.030, 28.13.030.]
28A.155.040
Additional notes found at www.leg.wa.gov
28A.155.045 Certificate of individual achievement.
Beginning with the graduating class of 2008, students served
under this chapter, who are not appropriately assessed by the
high school Washington assessment system as defined in
RCW 28A.655.061, even with accommodations, may earn a
certificate of individual achievement. The certificate may be
earned using multiple ways to demonstrate skills and abilities
28A.155.045
[Title 28A RCW—page 25]
28A.155.050
Title 28A RCW: Common School Provisions
commensurate with their individual education programs.
The determination of whether the high school assessment
system is appropriate shall be made by the student’s individual education program team. Except as provided in RCW
28A.655.0611, for these students, the certificate of individual
achievement is required for graduation from a public high
school, but need not be the only requirement for graduation.
When measures other than the high school assessment system
as defined in RCW 28A.655.061 are used, the measures shall
be in agreement with the appropriate educational opportunity
provided for the student as required by this chapter. The
superintendent of public instruction shall develop the guidelines for determining which students should not be required
to participate in the high school assessment system and which
types of assessments are appropriate to use.
When measures other than the high school assessment
system as defined in RCW 28A.655.061 are used for high
school graduation purposes, the student’s high school transcript shall note whether that student has earned a certificate
of individual achievement.
Nothing in this section shall be construed to deny a student the right to participation in the high school assessment
system as defined in RCW 28A.655.061, and, upon successfully meeting the high school standard, receipt of the certificate of academic achievement. [2007 c 354 § 3; 2004 c 19 §
104.]
F ind ing s— Inte nt— 20 07 c 35 4: See n ot e fol l ow i ng RC W
28A.655.061.
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
28A.155.050
28A.155.050 Services through special excess cost aid
programs—Apportionment—Allocations from state
excess funds. Any child who is eligible for special education
services through special excess cost aid programs authorized
under RCW 28A.155.010 through 28A.155.160 shall be
given such services in the least restrictive environment as
determined by the student’s individualized education program (IEP) team in the school district in which such student
resides. Any school district required to provide such services
shall thereupon be granted regular apportionment of state and
county school funds and, in addition, allocations from state
excess funds made available for such special services for
such period of time as such special education program is
given: PROVIDED, That should such student or any other
student with disabilities attend and participate in a special
education program operated by another school district in
accordance with the provisions of RCW 28A.225.210,
28A.225.220, and/or 28A.225.250, such regular apportionment shall be granted to the receiving school district, and
such receiving school district shall be reimbursed by the district in which such student resides in accordance with rules
adopted by the superintendent of public instruction for the
entire approved excess cost not reimbursed from such regular
apportionment. [2007 c 115 § 5; 1995 c 77 § 11; 1990 c 33 §
124; 1971 ex.s. c 66 § 5; 1969 ex.s. c 223 § 28A.13.040.
Prior: 1943 c 120 § 5; Rem. Supp. 1943 § 4679-29. Formerly RCW 28A.13.040, 28.13.040.]
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 26]
28A.155.060 District authority to contract with
approved agencies—Approval standards. For the purpose
of carrying out the provisions of RCW 28A.155.020 through
28A.155.050, the board of directors of every school district
shall be authorized to contract with agencies approved by the
superintendent of public instruction for operating special
education programs for students with disabilities. Approval
standards for such agencies shall conform substantially with
those of special education programs in the common schools.
[2007 c 115 § 6; 2006 c 263 § 915; 1995 c 77 § 12; 1990 c 33
§ 125; 1971 ex.s. c 66 § 6. Formerly RCW 28A.13.045.]
28A.155.060
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.155.065 Early intervention services. (1) By September 1, 2009, each school district shall provide or contract
for early intervention services to all eligible children with
disabilities from birth to three years of age. Eligibility shall
be determined according to Part C of the federal individuals
with disabilities education improvement act or other applicable federal and state laws, and as specified in the Washington
Administrative Code adopted by the state lead agency.
School districts shall provide or contract for early intervention services in partnership with local birth-to-three lead
agencies and birth-to-three providers. Services provided
under this section shall not supplant services or funding currently provided in the state for early intervention services to
eligible children with disabilities from birth to three years of
age. The state-designated birth-to-three lead agency shall be
payor of last resort for birth-to-three early intervention services provided under this section.
(2) The services in this section are not part of the state’s
program of basic education pursuant to Article IX of the state
Constitution. [2007 c 115 § 7; 2006 c 269 § 2.]
28A.155.065
Finding—2006 c 269: "The legislature finds an urgent and substantial
need to enhance the development of all infants and toddlers with disabilities
in Washington in order to minimize developmental delays and to maximize
individual potential for learning and functioning." [2006 c 269 § 1.]
28A.155.070 Services to students of preschool age
with disabilities—Apportionment—Allocations from
state excess cost funds. Special educational programs provided by the state and the school districts thereof for students
with disabilities shall be extended to include students of preschool age. School districts shall be entitled to the regular
apportionments from state and county school funds, as provided by law, and in addition to allocations from state excess
cost funds made available for such special services for those
students with disabilities who are given such special services.
[2007 c 115 § 9; (2007 c 115 § 8 expired September 1, 2009);
2006 c 269 § 3; 1995 c 77 § 13; 1971 ex.s. c 66 § 7; 1969 ex.s.
c 223 § 28A.13.050. Prior: 1951 c 92 § 2; 1949 c 186 § 1;
Rem. Supp. 1949 § 4901-3. Formerly RCW 28A.13.050,
28.13.050.]
28A.155.070
Effective date—2007 c 115 § 9: "Section 9 of this act takes effect September 1, 2009." [2007 c 115 § 17.]
Expiration date—2007 c 115 § 8: "Section 8 of this act expires September 1, 2009." [2007 c 115 § 16.]
Effective date—2006 c 269 § 3: "Section 3 of this act takes effect September 1, 2009." [2006 c 269 § 4.]
Finding—2006 c 269: See note following RCW 28A.155.065.
(2010 Ed.)
Special Education
Additional notes found at www.leg.wa.gov
28A.155.080 Appeal from denial of educational program. Where a child with disabilities as defined in RCW
28A.155.020 has been denied the opportunity of a special
educational program by a local school district there shall be a
right of appeal by the parent or guardian of such child to the
superintendent of public instruction pursuant to procedures
established by the superintendent and in accordance with
RCW 28A.155.090 and part B of the federal individuals with
disabilities education improvement act. [2007 c 115 § 10;
1995 c 77 § 14; 1990 c 33 § 126; 1971 ex.s. c 66 § 8. Formerly RCW 28A.13.060.]
28A.155.080
Additional notes found at www.leg.wa.gov
28A.155.090 Superintendent of public instruction’s
duty and authority. The superintendent of public instruction shall have the duty and authority, through the administrative section or unit for the education of children with disabling conditions, to:
(1) Assist school districts in the formation of programs to
meet the needs of children with disabilities;
(2) Develop interdistrict cooperation programs for children with disabilities as authorized in RCW 28A.225.250;
(3) Provide, upon request, to parents or guardians of children with disabilities, information as to the special education
programs for students with disabilities offered within the
state;
(4) Assist, upon request, the parent or guardian of any
child with disabilities in the placement of any child with disabilities who is eligible for but not receiving special educational services for children with disabilities;
(5) Approve school district and agency programs as
being eligible for special excess cost financial aid to students
with disabilities;
(6) Consistent with the provisions of RCW 28A.150.390,
28A.160.030, and 28A.155.010 through 28A.155.160, and
part B of the federal individuals with disabilities education
improvement act, administer administrative hearings and
other procedures to ensure procedural safeguards of children
with disabilities; and
(7) Promulgate such rules as are necessary to implement
part B of the federal individuals with disabilities education
improvement act or other federal law providing for special
education services for children with disabilities and the several provisions of RCW 28A.150.390, 28A.160.030, and
28A.155.010 through 28A.155.160 and to ensure appropriate
access to and participation in the general education curriculum and participation in statewide assessments for all students with disabilities. [2007 c 115 § 11; 1995 c 77 § 15;
1990 c 33 § 127; 1985 c 341 § 5; 1971 ex.s. c 66 § 9. Formerly RCW 28A.13.070.]
28A.155.090
Additional notes found at www.leg.wa.gov
28A.155.100 Sanctions applied to noncomplying districts. The superintendent of public instruction is hereby
authorized and directed to establish appropriate sanctions to
be applied to any school district of the state failing to comply
with the provisions of RCW 28A.150.390, 28A.160.030, and
28A.155.010 through 28A.155.060 and 28A.155.080 through
28A.155.100
(2010 Ed.)
28A.155.115
28A.155.160 to be applied beginning upon the effective date
thereof, which sanctions shall include withholding of any
portion of state aid to such district until such time as compliance is assured. [2007 c 115 § 12; 1990 c 33 § 128; 1971
ex.s. c 66 § 12. Formerly RCW 28A.13.080.]
Additional notes found at www.leg.wa.gov
28A.155.105 Braille instruction—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply in RCW 28A.155.115.
(1) "Student" means a student who:
(a) Has a visual acuity of 20/200 or less in the better eye
with conventional correction or having a limited field of
vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees;
(b) Is unable to read printed material at a competitive
rate with facility due to functional visual impairment or lack
of visual acuity; or
(c) Has a physical condition with a medical prognosis of
a significant visual deterioration to the extent that (a) or (b) of
this subsection could apply.
(2) "Braille" means the system of reading and writing
through touch commonly known as standard English Braille.
[1996 c 135 § 2.]
28A.155.105
Findings—1996 c 135: "It is the goal of the legislature to encourage
persons who are blind or visually impaired to participate fully in the social
and economic life of the state and to engage in remunerative employment.
The legislature finds that literacy is essential to the achievement of this goal.
Furthermore, the legislature finds that literacy for most persons who are
blind or visually impaired means the ability to read and write Braille with
proficiency. The legislature sets as a further goal that students who are
legally blind or visually impaired shall be given the opportunity to learn
Braille in order to communicate effectively and efficiently." [1996 c 135 §
1.]
28A.155.115 Braille instruction—Assessment—Provision in student’s curriculum. (1) Each student shall be
assessed individually to determine the appropriate learning
media for the student including but not limited to Braille.
(2) No student may be denied the opportunity for instruction in Braille reading and writing solely because the student
has some remaining vision.
(3) This section does not require the exclusive use of
Braille if there are other special education services to meet
the student’s educational needs. The provision of special
education or other services does not preclude Braille use or
instruction.
(4) If a student’s individualized learning media assessment indicates that Braille is an appropriate learning medium,
instruction in Braille shall be provided as a part of such student’s educational curriculum and if such student has an individualized education program, such instruction shall be provided as part of that program.
(5) If Braille will not be provided to a student, the reason
for not incorporating it in the student’s individualized education program shall be documented in writing and provided to
the parent or guardian. If no individualized education program exists, such documentation, signed by the parent or
guardian, shall be placed in the student’s file. [2007 c 115 §
13; 1996 c 135 § 3.]
28A.155.115
Findings—1996 c 135: See note following RCW 28A.155.105.
[Title 28A RCW—page 27]
28A.155.140
Title 28A RCW: Common School Provisions
28A.155.140 Curriculum-based assessment procedures for early intervening services. School districts may
use curriculum-based assessment procedures as measures for
developing academic early intervening services, as defined
under part B of the federal individuals with disabilities education improvement act, and curriculum planning: PROVIDED, That the use of curriculum-based assessment procedures shall not deny a student the right to use of other assessments to determine eligibility or participation in special
education programs as provided by RCW 28A.155.010
through 28A.155.160. [2007 c 115 § 14; 1991 c 116 § 4;
1990 c 33 § 131; 1987 c 398 § 1. Formerly RCW
28A.03.367.]
28A.155.140
28A.155.160 Assistive devices and services—Interagency cooperative agreements—Definitions. Notwithstanding any other provision of law, the office of the superintendent of public instruction, the department of early learning, the Washington state center for childhood deafness and
hearing loss, the Washington state school for the blind,
school districts, educational service districts, and all other
state and local government educational agencies and the
department of services for the blind, the department of social
and health services, and all other state and local government
agencies concerned with the care, education, or habilitation
or rehabilitation of children with disabilities may enter into
interagency cooperative agreements for the purpose of providing assistive technology devices and services to children
with disabilities. Such arrangements may include but are not
limited to interagency agreements for the acquisition, including joint funding, maintenance, loan, sale, lease, or transfer of
assistive technology devices and for the provision of assistive
technology services including but not limited to assistive
technology assessments and training.
For the purposes of this section, "assistive device" means
any item, piece of equipment, or product system, whether
acquired commercially off-the-shelf, modified, or customized, that is used to increase, maintain, or improve functional
capabilities of children with disabilities. The term "assistive
technology service" means any service that directly assists a
child with a disability in the selection, acquisition, or use of
an assistive technology device. Assistive technology service
includes:
(1) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the
child’s customary environment;
(2) Purchasing, leasing, or otherwise providing for the
acquisition of assistive technology devices by children with
disabilities;
(3) Selecting, designing, fitting, customizing, adapting,
applying, retaining, repairing, or replacing of assistive technology devices;
(4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as
those associated with existing education and rehabilitation
plans and programs;
(5) Training or technical assistance for a child with a disability or if appropriate, the child’s family; and
(6) Training or technical assistance for professionals,
including individuals providing education and rehabilitation
services, employers, or other individuals who provide ser28A.155.160
[Title 28A RCW—page 28]
vices to, employ, or are otherwise substantially involved in
the major life functions of children with disabilities. [2009 c
381 § 24; 2007 c 115 § 15; 1997 c 104 § 3.]
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
28A.155.170
28A.155.170 Graduation ceremony—Certificate of
attendance—Students with individualized education programs. (1) Beginning July 1, 2007, each school district that
operates a high school shall establish a policy and procedures
that permit any student who is receiving special education or
related services under an individualized education program
pursuant to state and federal law and who will continue to
receive such services between the ages of eighteen and
twenty-one to participate in the graduation ceremony and
activities after four years of high school attendance with his
or her age-appropriate peers and receive a certificate of attendance.
(2) Participation in a graduation ceremony and receipt of
a certificate of attendance under this section does not preclude a student from continuing to receive special education
and related services under an individualized education program beyond the graduation ceremony.
(3) A student’s participation in a graduation ceremony
and receipt of a certificate of attendance under this section
shall not be construed as the student’s receipt of either:
(a) A high school diploma pursuant to RCW
28A.230.120; or
(b) A certificate of individual achievement pursuant to
RCW 28A.155.045. [2007 c 318 § 2.]
Findings—2007 c 318: "The legislature finds:
(1) There are students with disabilities throughout the state of Washington who have attended four years of high school, but whose individualized education programs prescribe the continuation of special education and
related services beyond the fourth year of high school;
(2) Through their participation in the public schools and the community, students with disabilities have frequently become identified with and
connected to a class of typically developing, age-appropriate peers who will
graduate in four years and participate in a high school graduation ceremony;
(3) A high school graduation ceremony is an important rite of passage
for students regardless of their abilities or limitations; and
(4) There is significant value in recognizing students’ attendance and
accomplishments in their individualized education programs and in allowing
students with disabilities to participate in high school graduation ceremonies
and activities with their age-appropriate peers without the forfeiture of their
continuing special education and related services." [2007 c 318 § 1.]
Short title—2007 c 318: "This act may be known and cited as Kevin’s
law." [2007 c 318 § 3.]
Effective date—2007 c 318: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 4, 2007]." [2007 c 318 § 4.]
28A.155.180
28A.155.180 Safety net funds—Application—Technical assistance—Annual survey. (Effective until September 1, 2011.) The office of the superintendent of public
instruction shall review and streamline the application process to access special education safety net funds, provide
technical assistance to school districts, and annually survey
school districts regarding improvements to the process.
[2007 c 400 § 8.]
Capt ion s n ot l aw— 200 7 c 400 : See no te fol lo win g R CW
28A.150.210.
(2010 Ed.)
Student Transportation
28A.155.190 Information on autism. (1) To the extent
funds are appropriated for this purpose, by September 1,
2008, the office of the superintendent of public instruction, in
collaboration with the department of health, the department
of social and health services, educational service districts,
local school districts, the autism center at the University of
Washington, and the autism society of Washington, shall distribute information on child find responsibilities under Part B
and Part C of the federal individuals with disabilities education act, as amended, to agencies, districts, and schools that
participate in the location, evaluation, and identification of
children who may be eligible for early intervention services
or special education services.
(2) To the extent funds are made available, by September
1, 2008, the office of the superintendent of public instruction,
in collaboration with the department of health and the department of social and health services, shall develop posters to be
distributed to medical offices and clinics, grocery stores, and
other public places with information on autism and how parents can gain access to the diagnosis and identification of
autism and contact information for services and support.
These must be made available on the internet for ease of distribution. [2008 c 220 § 2.]
28A.155.190
Chapter 28A.160
Chapter 28A.160 RCW
STUDENT TRANSPORTATION
Sections
28A.160.010
28A.160.020
28A.160.030
28A.160.040
28A.160.050
28A.160.060
28A.160.070
28A.160.080
28A.160.090
28A.160.100
28A.160.110
28A.160.115
28A.160.117
28A.160.120
28A.160.130
28A.160.140
28A.160.150
28A.160.160
28A.160.170
28A.160.180
28A.160.190
28A.160.191
(2010 Ed.)
Operation of student transportation program—Responsibility of local district—Scope—Transporting of elderly—
Insurance.
Authorization for private school students to ride buses—
Conditions.
Authorizing individual transportation or other arrangements.
Lease of buses to transport children with disabilities and
elderly—Limitation.
Lease of buses to transport children with disabilities and
elderly—Directors to authorize.
Lease of buses to transport children with disabilities and
elderly—Lease at local level—Criteria.
Lease of buses to transport children with disabilities and
elderly—Elderly persons defined—Program limitation.
School buses, rental or lease for emergency purposes—
Authorization.
School buses, rental or lease for emergency purposes—
Board to determine district policy—Conditions if rent or
lease.
School buses, transport of general public to interscholastic
activities—Limitations.
School buses, authorization for parent, guardian or custodian of a student to ride—Limitations.
Bus routes.
Transportation efficiency reviews—Reports.
Agreements with other governmental entities for transportation of public or other noncommon school purposes—
Limitations.
Transportation vehicle fund—Deposits in—Use—Rules for
establishment and use.
Contract for pupil transportation services with private nongovernmental entity—Competitive bid procedures.
Student transportation allocation—Operating costs, determination and funding.
Student transportation allocation—Definitions.
Student transportation allocation—District’s annual report
to superintendent.
Student transportation allocation—Allocation rates, adjustment—District-owned passenger cars—Report.
Student transportation allocation—Notice—Revised eligible student data, when—Allocation payments, amounts,
when.
Student transportation allocation—Adequacy for certain
districts—Adjustment.
28A.160.010
28A.160.192 Student transportation allocation—Distribution formula.
28A.160.1921 Student transportation reporting requirements—Updates
and progress reports.
28A.160.195 Vehicle acquisition—School bus categories—Competitive
specifications—Purchase—Reimbursement—Rules.
28A.160.200 Vehicle acquisition—Reimbursement schedule—Maintenance and operation—Depreciation schedule.
28A.160.205 School bus replacement incentive program—Rules.
28A.160.210 School bus drivers—Training and qualifications—Rules.
Age limit for bus drivers: RCW 46.20.045.
Rules for design, marking, operations: RCW 46.61.380.
School buses—Crossing arms: RCW 46.37.620.
Signs required: RCW 46.37.193.
Stop signal and lamps: RCW 46.37.190.
28A.160.010 Operation of student transportation
program—Responsibility of local district—Scope—
Transporting of elderly—Insurance. The operation of
each local school district’s student transportation program is
declared to be the responsibility of the respective board of
directors, and each board of directors shall determine such
matters as which individual students shall be transported and
what routes shall be most efficiently utilized. State moneys
allocated to local districts for student transportation shall be
spent only for student transportation activities, but need not
be spent by the local district in the same manner as calculated
and allocated by the state.
A school district is authorized to provide for the transportation of students enrolled in the school or schools of the
district both in the case of students who reside within the
boundaries of the district and of students who reside outside
the boundaries of the district.
When children are transported from one school district to
another the board of directors of the respective districts may
enter into a written contract providing for a division of the
cost of such transportation between the districts.
School districts may use school buses and drivers hired
by the district or commercial chartered bus service for the
transportation of school children and the school employees
necessary for their supervision to and from any school activities within or without the school district during or after
school hours and whether or not a required school activity, so
long as the school board has officially designated it as a
school activity. For any extra-curricular uses, the school
board shall charge an amount sufficient to reimburse the district for its cost.
In addition to the right to contract for the use of buses
provided in RCW 28A.160.080 and 28A.160.090, any school
district may contract to furnish the use of school buses of that
district to other users who are engaged in conducting an educational or recreational program supported wholly or in part
by tax funds or programs for elderly persons at times when
those buses are not needed by that district and under such
terms as will fully reimburse such school district for all costs
related or incident thereto: PROVIDED, HOWEVER, That
no such use of school district buses shall be permitted except
where other public or private transportation certificated or
licensed by the Washington utilities and transportation commission is not reasonably available to the user: PROVIDED
FURTHER, That no user shall be required to accept any charter bus for services which the user believes might place the
health or safety of the children or elderly persons in jeopardy.
28A.160.010
[Title 28A RCW—page 29]
28A.160.020
Title 28A RCW: Common School Provisions
Whenever any persons are transported by the school district in its own motor vehicles and by its own employees, the
board may provide insurance to protect the district against
loss, whether by reason of theft, fire or property damage to
the motor vehicle or by reason of liability of the district to
persons from the operation of such motor vehicle.
The board may provide insurance by contract purchase
for payment of hospital and medical expenses for the benefit
of persons injured while they are on, getting on, or getting off
any vehicles enumerated herein without respect to any fault
or liability on the part of the school district or operator. This
insurance may be provided without cost to the persons notwithstanding the provisions of RCW 28A.400.350.
If the transportation of children or elderly persons is
arranged for by contract of the district with some person, the
board may require such contractor to procure such insurance
as the board deems advisable. [1990 c 33 § 132; 1986 c 32 §
1; 1983 1st ex.s. c 61 § 1; 1981 c 265 § 10; 1980 c 122 § 2;
1973 c 45 § 1; 1971 c 24 § 3; 1969 ex.s. c 153 § 3; 1969 ex.s.
c 223 § 28A.24.055. Prior: (i) 1969 c 53 § 1; 1967 ex.s. c 29
§ 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c
104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c
237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part; prior:
1943 c 52 § 1, part; 1941 c 179 § 1, part; 1939 c 131 § 1, part;
1925 ex.s. c 57 § 1, part; 1919 c 90 § 3, part; 1915 c 44 § 1,
part; 1909 c 97 p 285 § 2, part; 1907 c 240 § 5, part; 1903 c
104 § 17, part; Rem. Supp. 1943 § 4776, part. Formerly RCW
28.58.100, part. (ii) 1965 ex.s. c 86 § 1. Formerly RCW
28A.24.055, 28.58.421.]
Elderly persons defined—Program limitation: RCW 28A.160.070.
Additional notes found at www.leg.wa.gov
1971 ex.s. c 66 § 10; 1969 ex.s. c 223 § 28A.24.100. Prior:
1965 ex.s. c 154 § 9. Formerly RCW 28A.24.100,
28.24.100.]
Additional notes found at www.leg.wa.gov
28A.160.040 Lease of buses to transport children
with disabilities and elderly—Limitation. The directors of
school districts are authorized to lease school buses to nonprofit organizations to transport children with disabilities and
elderly persons to and from the site of activities or programs
deemed beneficial to such persons by such organizations:
PROVIDED, That commercial bus transportation is not reasonably available for such purposes. [1995 c 77 § 16; 1973 c
45 § 2; 1971 c 78 § 1. Formerly RCW 28A.24.110.]
28A.160.040
Elderly persons defined—Program limitation: RCW 28A.160.070.
28A.160.050 Lease of buses to transport children
with disabilities and elderly—Directors to authorize. The
directors of school districts may authorize leases under RCW
28A.160.040 through 28A.160.060: PROVIDED, That such
leases do not conflict with regular school purposes. [1990 c
33 § 134; 1971 c 78 § 2. Formerly RCW 28A.24.111.]
28A.160.050
28A.160.060 Lease of buses to transport children
with disabilities and elderly—Lease at local level—Criteria. The lease of the equipment shall be handled by the
school directors at a local level. The school directors may
establish criteria for bus use and lease, including, but not limited to, minimum costs, and driver requirements. [1971 c 78
§ 3. Formerly RCW 28A.24.112.]
28A.160.060
28A.160.070 Lease of buses to transport children
with disabilities and elderly—Elderly persons defined—
Program limitation. For purposes of RCW 28A.160.010
and 28A.160.040, "elderly person" shall mean a person who
is at least sixty years of age. No school district funds may be
used for the operation of such a program. [1990 c 33 § 135;
1973 c 45 § 3. Formerly RCW 28A.24.120.]
28A.160.070
28A.160.020 Authorization for private school students to ride buses—Conditions. Every school district
board of directors may authorize children attending a private
school approved in accordance with RCW 28A.195.010 to
ride a school bus or other student transportation vehicle to
and from school so long as the following conditions are met:
(1) The board of directors shall not be required to alter
those bus routes or stops established for transporting public
school students;
(2) Private school students shall be allowed to ride on a
seat-available basis only; and
(3) The board of directors shall charge an amount sufficient to reimburse the district for the actual per seat cost of
providing such transportation. [1990 c 33 § 133; 1981 c 307
§ 1. Formerly RCW 28A.24.065.]
28A.160.020
Additional notes found at www.leg.wa.gov
28A.160.030 Authorizing individual transportation
or other arrangements. Individual transportation, board
and room, and other arrangements may be authorized or provided and, in whole or part, paid for or reimbursed by a
school district, when approved by the educational service district superintendent or his or her designee pursuant to rules
promulgated by the superintendent of public instruction for
that purpose: PROVIDED, That the total of payments for
board and room and transportation incidental thereto shall not
exceed the amount which would otherwise be paid for such
individual transportation. [1981 c 265 § 11; 1977 c 80 § 2;
28A.160.030
[Title 28A RCW—page 30]
28A.160.080 School buses, rental or lease for emergency purposes—Authorization. It is the intent of the legislature and the purpose of RCW 28A.160.010, 28A.160.080,
and 28A.160.090 that in the event of major forest fires,
floods, or other natural emergencies that boards of directors
of school districts, in their discretion, may rent or lease
school buses to governmental agencies for the purposes of
transporting personnel, supplies and/or evacuees. [1990 c 33
§ 136; 1971 c 24 § 1. Formerly RCW 28A.24.170.]
28A.160.080
28A.160.090 School buses, rental or lease for emergency purposes—Board to determine district policy—
Conditions if rent or lease. Each school district board shall
determine its own policy as to whether or not its school buses
will be ren ted or leased for the pur poses of RCW
28A.160.080, and if the board decision is to rent or lease,
under what conditions, subject to the following:
(1) Such renting or leasing may take place only after the
*director of community, trade, and economic development or
any of his or her agents so authorized has, at the request of an
involved governmental agency, declared that an emergency
28A.160.090
(2010 Ed.)
Student Transportation
exists in a designated area insofar as the need for additional
transport is concerned.
(2) The agency renting or leasing the school buses must
agree, in writing, to reimburse the school district for all costs
and expenses related to their use and also must provide an
indemnity agreement protecting the district against any type
of claim or legal action whatsoever, including all legal costs
incident thereto. [1995 c 399 § 20; 1990 c 33 § 137; 1986 c
266 § 21; 1985 c 7 § 88; 1974 ex.s. c 171 § 1; 1971 c 24 § 2.
Formerly RCW 28A.24.172.]
*Reviser’s note: The "director of community, trade, and economic
development" was changed to the "director of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
28A.160.100 School buses, transport of general public to interscholastic activities—Limitations. In addition to
the authority otherwise provided in RCW 28A.160.010
through 28A.160.120 to school districts for the transportation
of persons, whether school children, school personnel, or otherwise, any school district authorized to use school buses and
drivers hired by the district for the transportation of school
children to and from a school activity, along with such school
employees as necessary for their supervision, shall, if such
school activity be an interscholastic activity, be authorized to
transport members of the general public to such event and utilize the school district’s buses, transportation equipment and
facilities, and employees therefor: PROVIDED, That provision shall be made for the reimbursement and payment to the
school district by such members of the general public of not
less than the district’s actual costs and the reasonable value of
the use of the district’s buses and facilities provided in connection with such transportation: PROVIDED FURTHER,
That wherever private transportation certified or licensed by
the utilities and transportation commission or public transportation is reasonably available, this section shall not apply.
[2006 c 263 § 907; 1990 c 33 § 138; 1980 c 91 § 1. Formerly
RCW 28A.24.175.]
28A.160.100
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.160.110 School buses, authorization for parent,
guardian or custodian of a student to ride—Limitations.
Every school district board of directors may authorize any
parent, guardian or custodian of a student enrolled in the district to ride a school bus or other student transportation vehicle at the request of school officials or employees designated
by the board: PROVIDED, That excess seating space is
available on the vehicle after the transportation needs of students have been met: PROVIDED FURTHER, That private
or other public transportation of the parent, guardian or custodian is not reasonable in the board’s judgment. [1980 c 122
§ 1. Formerly RCW 28A.24.178.]
28A.160.110
28A.160.115 Bus routes. On highways divided into
separate roadways as provided in RCW 46.61.150 and highways with three or more marked traffic lanes, public school
district bus routes and private school bus routes shall serve
each side of the highway so that students do not have to cross
the highway, unless there is a traffic control signal as defined
in RCW 46.04.600 or an adult crossing guard within three
28A.160.115
(2010 Ed.)
28A.160.120
hundred feet of the bus stop to assist students while crossing
such multiple-lane highways. [1990 c 241 § 11.]
28A.160.117 Transportation efficiency reviews—
Reports. (Effective September 1, 2011.) (1) The superintendent of public instruction shall encourage efficient use of
state resources by providing a linear programming process
that compares school district transportation operations. If a
school district’s operation is calculated to be less than ninety
percent efficient, the regional transportation coordinators
shall provide an individual review to determine what measures are available to the school district to improve efficiency. The evaluation shall include such measures as:
(a) Efficient routing of buses;
(b) Efficient use of vehicle capacity; and
(c) Reasonable controls on compensation costs.
(2) The superintendent shall submit to the fiscal and education committees of the legislature no later than December
1st of each year a report summarizing the efficiency reviews
and the resulting changes implemented by school districts in
response to the recommendations of the regional transportation coordinators. [2009 c 548 § 310.]
28A.160.117
Effective date—2009 c 548 §§ 304-311: See note following RCW
28A.160.150.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.160.120 Agreements with other governmental
entities for transportation of public or other noncommon
school purposes—Limitations. Any school district board of
directors or any intermediate school district board may enter
into agreements pursuant to chapter 39.34 RCW or chapter
35.58 RCW, as now or hereafter amended, with any city,
town, county, metropolitan municipal corporation, and any
federal or other state governmental entity, or any combination of the foregoing, for the purpose of providing for the
transportation of students and/or members of the public
through the use, in whole or part, of the school district’s
buses, transportation equipment and facilities, and employees: PROVIDED, That any agreement entered into for purposes of transportation pursuant to this section shall conform
with the provisions of RCW 35.58.250 where applicable and
shall provide for the reimbursement and payment to the
school district of not less than the district’s actual costs and
the reasonable value of the use of the district’s buses, and
transportation equipment and supplies which are incurred and
otherwise provided in connection with the transportation of
members of the public or other noncommon school purposes:
PROVIDED FURTHER, That wherever public transportation, or private transportation certified or licensed by the
Washington utilities and transportation commission is not
reasonably available, the school district or intermediate
school district may transport members of the public so long
as they are reimbursed for the cost of such transportation, and
such transportation has been approved by any metropolitan
municipal corporation performing public transportation pursuant to chapter 35.58 RCW in the area to be served by the
district. [1974 ex.s. c 93 § 1. Formerly RCW 28A.24.180.]
28A.160.120
[Title 28A RCW—page 31]
28A.160.130
Title 28A RCW: Common School Provisions
28A.160.130 Transportation vehicle fund—Deposits
in—Use—Rules for establishment and use. (1) There is
created a fund on deposit with each county treasurer for each
school district of the county, which shall be known as the
transportation vehicle fund. Money to be deposited into the
transportation vehicle fund shall include, but is not limited to,
the following:
(a) The balance of accounts held in the general fund of
each school district for the purchase of approved transportation equipment and for major transportation equipment
repairs under RCW 28A.150.280. The amount transferred
shall be the balance of the account as of September 1, 1982;
(b) Reimbursement payments provided for in RCW
28A.160.200 except those provided under RCW
28A.160.200(3) that are necessary for contracted payments to
private carriers;
(c) Earnings from transportation vehicle fund investments as authorized in RCW 28A.320.300; and
(d) The district’s share of the proceeds from the sale of
transportation vehicles, as determined by the superintendent
of public instruction.
(2) Funds in the transportation vehicle fund may be used
for the following purposes:
(a) Purchase of pupil transportation vehicles pursuant to
RCW 28A.160.200 and 28A.150.280;
(b) Payment of conditional sales contracts as authorized
in RCW 28A.335.200 or payment of obligations authorized
in RCW 28A.530.080, entered into or issued for the purpose
of pupil transportation vehicles;
(c) Major repairs to pupil transportation vehicles;
(d) For the 2009-2011 biennium, a school district that is
wholly contained on an island and has a student enrollment
greater than two hundred fifty students and fewer than five
hundred and fifty students may transfer from the transportation vehicle fund to the school district’s general fund such
amounts as necessary for instructional costs.
The superintendent of public instruction shall adopt rules
which shall establish the standards, conditions, and procedures governing the establishment and use of the transportation vehicle fund. The rules shall not permit the transfer of
funds from the transportation vehicle fund to any other fund
of the district, except as provided under subsection (2)(d) of
this section. [2009 c 564 § 919; 1991 c 114 § 2; 1990 c 33 §
139; 1981 c 265 § 7. Formerly RCW 28A.58.428.]
28A.160.130
Effective date—2009 c 564: See note following RCW 2.68.020.
Additional notes found at www.leg.wa.gov
28A.160.140 Contract for pupil transportation services with private nongovernmental entity—Competitive
bid procedures. As a condition of entering into a pupil
transportation services contract with a private nongovernmental entity, each school district shall engage in an open
competitive process at least once every five years. This
requirement shall not be construed to prohibit a district from
entering into a pupil transportation services contract of less
than five years in duration with a district option to renew,
extend, or terminate the contract, if the district engages in an
open competitive process at least once every five years after
July 26, 1987. As used in this section:
(1) "Open competitive process" means either one of the
following, at the choice of the school district:
28A.160.140
[Title 28A RCW—page 32]
(a) The solicitation of bids or quotations and the award
of contracts under RCW 28A.335.190; or
(b) The competitive solicitation of proposals and their
evaluation consistent with the process and criteria recommended or required, as the case may be, by the office of
financial management for state agency acquisition of personal service contractors;
(2) "Pupil transportation services contract" means a contract for the operation of privately owned or school district
owned school buses, and the services of drivers or operators,
management and supervisory personnel, and their support
personnel such as secretaries, dispatchers, and mechanics, or
any combination thereof, to provide students with transportation to and from school on a regular basis; and
(3) "School bus" means a motor vehicle as defined in
RCW 46.04.521 and under the rules of the superintendent of
public instruction. [1990 c 33 § 140; 1987 c 141 § 2. Formerly RCW 28A.58.133.]
Additional notes found at www.leg.wa.gov
28A.160.150 Student transportation allocation—
Operating costs, determination and funding. (Effective
until September 1, 2011.) Funds allocated for transportation
costs shall be in addition to the basic education allocation.
The distribution formula developed in RCW 28A.160.150
through 28A.160.180 shall be for allocation purposes only
and shall not be construed as mandating specific levels of
pupil transportation services by local districts. Operating
costs as determined under RCW 28A.160.150 through
28A.160.180 shall be funded at one hundred percent or as
close thereto as reasonably possible for transportation of an
eligible student to and from school as defined in RCW
28A.160.160(3). In addition, funding shall be provided for
transportation services for students living within one radius
mile from school as determined under RCW 28A.160.180(2).
[1996 c 279 § 1; 1990 c 33 § 141; 1983 1st ex.s. c 61 § 2;
1981 c 265 § 1. Formerly RCW 28A.41.505.]
28A.160.150
Additional notes found at www.leg.wa.gov
28A.160.150 Student transportation allocation—
Operating costs, determination and funding. (Effective
September 1, 2011.) Funds allocated for transportation costs,
except for funds provided for transportation and transportation services to and from school shall be in addition to the
basic education allocation. The distribution formula developed in RCW 28A.160.150 through 28A.160.180 shall be for
allocation purposes only and shall not be construed as mandating specific levels of pupil transportation services by local
districts. Operating costs as determined under RCW
28A.160.150 through 28A.160.180 shall be funded at one
hundred percent or as close thereto as reasonably possible for
transportation of an eligible student to and from school as
defined in RCW 28A.160.160(3). In addition, funding shall
be provided for transportation services for students living
within the walk area as determined under RCW
28A.160.160(5). [2009 c 548 § 304; 1996 c 279 § 1; 1990 c
33 § 141; 1983 1st ex.s. c 61 § 2; 1981 c 265 § 1. Formerly
RCW 28A.41.505.]
28A.160.150
Effective date—2009 c 548 §§ 304-311: "Sections 304 through 311 of
this act take effect September 1, 2011." [2010 c 236 § 16; 2009 c 548 § 805.]
(2010 Ed.)
Student Transportation
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Additional notes found at www.leg.wa.gov
28A.160.160 Student transportation allocation—
Definitions. (Effective until September 1, 2011.) For purposes of RCW 28A.160.150 through 28A.160.190, except
where the context shall clearly indicate otherwise, the following definitions apply:
(1) "Eligible student" means any student served by the
transportation program of a school district or compensated
for individual transportation arrangements authorized by
RCW 28A.160.030 whose route stop is more than one radius
mile from the student’s school, except if the student to be
transported is disabled under RCW 28A.155.020 and is either
not ambulatory or not capable of protecting his or her own
welfare while traveling to or from the school or agency where
special education services are provided, in which case no
mileage distance restriction applies.
(2) "Superintendent" means the superintendent of public
instruction.
(3) "To and from school" means the transportation of
students for the following purposes:
(a) Transportation to and from route stops and schools;
(b) Transportation to and from schools pursuant to an
interdistrict agreement pursuant to RCW 28A.335.160;
(c) Transportation of students between schools and
learning centers for instruction specifically required by statute; and
(d) Transportation of students with disabilities to and
from schools and agencies for special education services.
Extended day transportation shall not be considered part
of transportation of students "to and from school" for the purposes of chapter 61, Laws of 1983 1st ex. sess.
(4) "Transportation services" for students living within
one radius mile from school means school transportation services including the use of buses, funding of crossing guards,
and matching funds for local and state transportation projects
intended to mitigate hazardous walking conditions. Priority
for transportation services shall be given to students in grades
kindergarten through five. [1996 c 279 § 2; 1995 c 77 § 17;
1990 c 33 § 142; 1983 1st ex.s. c 61 § 3; 1981 c 265 § 2. Formerly RCW 28A.41.510.]
28A.160.160
Additional notes found at www.leg.wa.gov
28A.160.160 Student transportation allocation—
Definitions. (Effective September 1, 2011.) For purposes of
RCW 28A.160.150 through 28A.160.190, except where the
context shall clearly indicate otherwise, the following definitions apply:
(1) "Eligible student" means any student served by the
transportation program of a school district or compensated
for individual transportation arrangements authorized by
RCW 28A.160.030 whose route stop is outside the walk area
for a student’s school, except if the student to be transported
is disabled under RCW 28A.155.020 and is either not ambulatory or not capable of protecting his or her own welfare
while traveling to or from the school or agency where special
28A.160.160
(2010 Ed.)
28A.160.170
education services are provided, in which case no mileage
distance restriction applies.
(2) "Superintendent" means the superintendent of public
instruction.
(3) "To and from school" means the transportation of
students for the following purposes:
(a) Transportation to and from route stops and schools;
(b) Transportation to and from schools pursuant to an
interdistrict agreement pursuant to RCW 28A.335.160;
(c) Transportation of students between schools and
learning centers for instruction specifically required by statute; and
(d) Transportation of students with disabilities to and
from schools and agencies for special education services.
Academic extended day transportation for the instructional program of basic education under RCW 28A.150.220
shall be considered part of transportation of students "to and
from school" for the purposes of this section. Transportation
for field trips may not be considered part of transportation of
students "to and from school" under this section.
(4) "Transportation services" for students living within
the walk area includes the coordination of walk-to-school
programs, the funding of crossing guards, and matching
funds for local and state transportation projects intended to
mitigate hazardous walking conditions. Priority for transportation services shall be given to students in grades kindergarten through five.
(5) As used in this section, "walk area" means that area
around a school with an adequate roadway configuration to
provide students access to school with a walking distance of
less than one mile. Mileage must be measured along the
shortest roadway or maintained public walkway where hazardous conditions do not exist. The hazardous conditions
must be documented by a process established in rule by the
superintendent of public instruction and must include roadway, environmental, and social conditions. Each elementary
school shall identify walk routes within the walk area. [2009
c 548 § 305; 1996 c 279 § 2; 1995 c 77 § 17; 1990 c 33 § 142;
1983 1st ex.s. c 61 § 3; 1981 c 265 § 2. Formerly RCW
28A.41.510.]
Effective date—2009 c 548 §§ 304-311: See note following RCW
28A.160.150.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Additional notes found at www.leg.wa.gov
28A.160.170 Student transportation allocation—District’s annual report to superintendent. (Effective until
September 1, 2011.) Each district shall submit to the superintendent of public instruction during October of each year a
report containing the following:
(1)(a) The number of eligible students transported to and
from school as provided for in RCW 28A.160.150 for the
current school year and the number of miles estimated to be
driven for pupil transportation services, along with a map
describing student route stop locations and school locations,
and (b) the number of miles driven for pupil transportation
services as authorized in RCW 28A.160.150 the previous
school year; and
28A.160.170
[Title 28A RCW—page 33]
28A.160.170
Title 28A RCW: Common School Provisions
(2) Other operational data and descriptions as required
by the superintendent to determine allocation requirements
for each district. The superintendent shall require that districts separate the costs of operating the program for the
transportation of eligible students to and from school as
defined by RCW 28A.160.160(3) from non-to-and-fromschool pupil transportation costs in the annual financial statement.
Each district shall submit the information required in this
section on a timely basis as a condition of the continuing
receipt of school transportation moneys. [2007 c 139 § 1;
1990 c 33 § 143; 1983 1st ex.s. c 61 § 4; 1981 c 265 § 3. Formerly RCW 28A.41.515.]
Effective date—2007 c 139 § 1: "Section 1 of this act takes effect September 1, 2007." [2007 c 139 § 3.]
Additional notes found at www.leg.wa.gov
28A.160.170 Student transportation allocation—District’s reports to superintendent. (Effective September 1,
2011.) Each district shall submit three times each year to the
superintendent of public instruction during October, February, and May of each year a report containing the following:
(1)(a) The number of eligible students transported to and
from school as provided for in RCW 28A.160.150, along
with identification of stop locations and school locations, and
(b) the number of miles driven for pupil transportation services as authorized in RCW 28A.160.150 the previous school
year; and
(2) Other operational data and descriptions as required
by the superintendent to determine allocation requirements
for each district. The superintendent shall require that districts separate the costs of operating the program for the
transportation of eligible students to and from school as
defined by RCW 28A.160.160(3) from non-to-and-fromschool pupil transportation costs in the annual financial statement. The cost, quantity, and type of all fuel purchased by
school districts for use in to-and-from-school transportation
shall be included in the annual financial statement.
Each district shall submit the information required in this
section on a timely basis as a condition of the continuing
receipt of school transportation moneys. [2009 c 548 § 306;
2007 c 139 § 1; 1990 c 33 § 143; 1983 1st ex.s. c 61 § 4; 1981
c 265 § 3. Formerly RCW 28A.41.515.]
28A.160.170
Effective date—2009 c 548 §§ 304-311: See note following RCW
28A.160.150.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Effective date—2007 c 139 § 1: "Section 1 of this act takes effect September 1, 2007." [2007 c 139 § 3.]
Additional notes found at www.leg.wa.gov
28A.160.180 Student transportation allocation—
Allocation rates, adjustment—District-owned passenger
cars—Report. (Effective until September 1, 2011.) Each
district’s annual student transportation allocation shall be
based on differential rates determined by the superintendent
of public instruction in the following manner:
(1) The superintendent shall annually calculate a standard student mile allocation rate for determining the transpor28A.160.180
[Title 28A RCW—page 34]
tation allocation for those services provided for in RCW
28A.160.150. "Standard student mile allocation rate," as used
in this chapter, means the per mile allocation rate for transporting an eligible student. The standard student mile allocation rate may be adjusted to include such additional differential factors as distance; restricted passenger load; circumstances that require use of special types of transportation
vehicles; student with disabilities load; and small fleet maintenance.
(2) For transportation services for students living within
one radius mile from school, the allocation shall be based on
the number of students in grades kindergarten through five
living within one radius mile as specified in the biennial
appropriations act.
(3) The superintendent of public instruction shall annually calculate allocation rate(s), which shall include vehicle
amortization, for determining the transportation allocation
for transporting students in district-owned passenger cars, as
defined in RCW 46.04.382, pursuant to RCW 28A.160.010
for services provided for in RCW 28A.160.150 if a school
district deems it advisable to use such vehicles after the
school district board of directors has considered the safety of
the students being transported as well as the economy of utilizing a district-owned passenger car in lieu of a school bus.
(4) Prior to June 1st of each year the superintendent shall
submit to the office of financial management, and the committees on education and ways and means of the senate and
house of representatives a report outlining the methodology
and rationale used in determining the allocation rates to be
used the following year. [1996 c 279 § 3; 1995 c 77 § 18;
1990 c 33 § 144; 1985 c 59 § 1; 1983 1st ex.s. c 61 § 5; 1982
1st ex.s. c 24 § 2; 1981 c 265 § 4. Formerly RCW
28A.41.520.]
Additional notes found at www.leg.wa.gov
28A.160.180 Student transportation allocation determination—Report. (Effective September 1, 2011.) Each
district’s annual student transportation allocation shall be
determined by the superintendent of public instruction in the
following manner:
(1) The superintendent shall annually calculate the transportation allocation for those services provided for in RCW
28A.160.150. The allocation formula may be adjusted to
include such additional differential factors as basic and special passenger counts as defined by the superintendent of
public instruction, average distance to school, and number of
locations served.
(2) The allocation shall be based on a regression analysis
of the number of basic and special students transported and as
many other site characteristics that are identified as being statistically significant.
(3) The transportation allocation for transporting students in district-owned passenger cars, as defined in RCW
46.04.382, pursuant to RCW 28A.160.010 for services provided for in RCW 28A.160.150 if a school district deems it
advisable to use such vehicles after the school district board
of directors has considered the safety of the students being
transported as well as the economy of utilizing a districtowned passenger car in lieu of a school bus is the private
vehicle reimbursement rate in effect on September 1st of each
28A.160.180
(2010 Ed.)
Student Transportation
school year. Students transported in district-owned passenger cars must be included in the corresponding basic or special passenger counts.
(4) Prior to June 1st of each year the superintendent shall
submit to the office of financial management, and the education and fiscal committees of the legislature, a report outlining the methodology and rationale used in determining the
statistical coefficients for each site characteristic used to
determine the allocation for the following year. [2009 c 548
§ 307; 1996 c 279 § 3; 1995 c 77 § 18; 1990 c 33 § 144; 1985
c 59 § 1; 1983 1st ex.s. c 61 § 5; 1982 1st ex.s. c 24 § 2; 1981
c 265 § 4. Formerly RCW 28A.41.520.]
Effective date—2009 c 548 §§ 304-311: See note following RCW
28A.160.150.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Additional notes found at www.leg.wa.gov
28A.160.192
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Additional notes found at www.leg.wa.gov
28A.160.191 Student transportation allocation—
Adequacy for certain districts—Adjustment. (Effective
September 1, 2011.) The superintendent of public instruction
shall ensure that the allocation formula results in adequate
appropriation for low enrollment districts, nonhigh districts,
districts involved in cooperative transportation agreements,
and cooperative special transportation services operated by
educational service districts. If necessary, the superintendent
shall develop a separate process to adjust the allocation of the
districts. [2009 c 548 § 309.]
28A.160.191
Effective date—2009 c 548 §§ 304-311: See note following RCW
28A.160.150.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.160.192 Student transportation allocation—Distribution formula. (Effective September 1, 2011.) (1) The
superintendent of public instruction shall phase-in the implementation of the distribution formula under this chapter for
allocating state funds to school districts for the transportation
of students to and from school. The phase-in shall begin no
later than the 2011-2013 biennium and be fully implemented
by the 2013-2015 biennium.
(a) The formula must be developed and revised on an
ongoing basis using the major cost factors in student transportation, including basic and special student loads, school
district land area, average distance to school, roadway miles,
and number of locations served. Factors must include all
those site characteristics that are statistically significant after
analysis of the data required by the revised reporting process.
(b) The formula must allocate funds to school districts
based on the average predicted costs of transporting students
to and from school, using a regression analysis.
(2) During the phase-in period, funding provided to
school districts for student transportation operations shall be
distributed on the following basis:
(a) Annually, each school district shall receive the lesser
of the previous school year’s pupil transportation operations
allocation, or the total of allowable pupil transportation
expenditures identified on the previous school year’s final
expenditure report to the state plus district indirect expenses
using the state recovery rate identified by the superintendent;
and
(b) Annually, any funds appropriated by the legislature
in excess of the maintenance level funding amount for student transportation shall be distributed among school districts
on a prorated basis using the difference between the amount
identified in (a) of this subsection and the amount determined
under the formula in RCW 28A.160.180. [2010 c 236 § 8;
2009 c 548 § 311.]
28A.160.192
28A.160.190 Student transportation allocation—
Notice—Revised eligible student data, when—Allocation
payments, amounts, when. (Effective until September 1,
2011.) The superintendent shall notify districts of their student transportation allocation before January 15th. If the
number of eligible students in a school district changes ten
percent or more from the October report, and the change is
maintained for a period of twenty consecutive school days or
more, the district may submit revised eligible student data to
the superintendent of public instruction. The superintendent
shall, to the extent funds are available, recalculate the district’s allocation for the transportation of pupils to and from
school.
The superintendent shall make the student transportation
allocation in accordance with the apportionment payment
schedule in RCW 28A.510.250. Such allocation payments
may be based on estimated amounts for payments to be made
in September, October, November, December, and January.
[1990 c 33 § 145; 1985 c 59 § 2; 1983 1st ex.s. c 61 § 6; 1982
1st ex.s. c 24 § 3; 1981 c 265 § 5. Formerly RCW
28A.41.525.]
28A.160.190
Additional notes found at www.leg.wa.gov
28A.160.190 Student transportation allocation—
Notice—Payment schedule. (Effective September 1, 2011.)
The superintendent shall notify districts of their student transportation allocation before January 15th. The superintendent
shall recalculate and prorate the district’s allocation for the
transportation of pupils to and from school.
The superintendent shall make the student transportation
allocation in accordance with the apportionment payment
schedule in RCW 28A.510.250. Such allocation payments
may be based on the prior school year’s ridership report for
payments to be made in September, October, November,
December, and January. [2009 c 548 § 308; 1990 c 33 § 145;
1985 c 59 § 2; 1983 1st ex.s. c 61 § 6; 1982 1st ex.s. c 24 § 3;
1981 c 265 § 5. Formerly RCW 28A.41.525.]
28A.160.190
Effective date—2009 c 548 §§ 304-311: See note following RCW
28A.160.150.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
(2010 Ed.)
Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260.
Intent—2010 c 236: See note following RCW 28A.150.260.
Effective date—2009 c 548 §§ 304-311: See note following RCW
28A.160.150.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
[Title 28A RCW—page 35]
28A.160.1921
Title 28A RCW: Common School Provisions
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.160.1921 Student transportation reporting
requirements—Updates and progress reports. (Expires
June 30, 2015.) (1) The superintendent of public instruction
shall develop, implement, and provide a copy of the rules
specifying the student transportation reporting requirements
to the legislature and school districts no later than December
1, 2010.
(2) Beginning in December 2010, and continuing until
December 2014, the superintendent shall provide quarterly
updates and progress reports to the fiscal committees of the
legislature on the implementation and testing of the distribution formula.
(3) This section expires June 30, 2015. [2010 c 236 § 9.]
28A.160.1921
Intent—2010 c 236: See note following RCW 28A.150.260.
28A.160.195 Vehicle acquisition—School bus categories—Competitive specifications—Purchase—Reimbursement—Rules. (1) The superintendent of public
instruction, in consultation with the regional transportation
coordinators of the educational service districts, shall establish a minimum number of school bus categories considering
the capacity and type of vehicles required by school districts
in Washington. The superintendent, in consultation with the
regional transportation coordinators of the educational service districts, shall establish competitive specifications for
each category of school bus. The categories shall be developed to produce minimum long-range operating costs,
including costs of equipment and all costs in operating the
vehicles. The competitive specifications shall meet federal
motor vehicle safety standards, minimum state specifications
as established by rule by the superintendent, and supported
options as determined by the superintendent in consultation
with the regional transportation coordinators of the educational service districts. The superintendent may solicit and
accept price quotes for a rear-engine category school bus that
shall be reimbursed at the price of the corresponding front
engine category.
(2) After establishing school bus categories and competitive specifications, the superintendent of public instruction
shall solicit competitive price quotes for base buses from
school bus dealers to be in effect for one year and shall establish a list of all accepted price quotes in each category
obtained under this subsection. The superintendent shall also
solicit price quotes for optional features and equipment.
(3) The superintendent shall base the level of reimbursement to school districts and educational service districts for
school buses on the lowest quote for the base bus in each category. School districts and educational service districts shall
be reimbursed for buses purchased only through a lowestprice competitive bid process conducted under RCW
28A.335.190 or through the state bid process established by
this section.
(4) Notwithstanding RCW 28A.335.190, school districts
and educational service districts may purchase at the quoted
price directly from any dealer who is on the list established
under subsection (2) of this section. School districts and educational service districts may make their own selections for
school buses, but shall be reimbursed at the rates determined
28A.160.195
[Title 28A RCW—page 36]
under subsection (3) of this section and RCW 28A.160.200.
District-selected options shall not be reimbursed by the state.
(5) This section does not prohibit school districts or educational service districts from conducting their own competitive bid process.
(6) The superintendent of public instruction may adopt
rules under chapter 34.05 RCW to implement this section.
[2005 c 492 § 1; 2004 c 276 § 904; 1995 1st sp.s. c 10 § 1.]
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Additional notes found at www.leg.wa.gov
28A.160.200 Vehicle acquisition—Reimbursement
schedule—Maintenance and operation—Depreciation
schedule. (1) The superintendent shall develop a reimbursement schedule to pay districts for the cost of student transportation vehicles purchased after September 1, 1982. While it is
the responsibility of each district to select and pay for each
student transportation vehicle purchased by the district, each
district shall be paid a sum based on the category of vehicle,
anticipated lifetime of vehicles of this category, and state
reimbursement rate for the category plus inflation as recognized by the reimbursement schedule established in this section as set by the superintendent. Categories and reimbursement rates of vehicles shall be those established under RCW
28A.160.195. The accumulated value of the payments and
the potential investment return thereon shall be designed to
be equal to the replacement cost of the vehicle less its salvage
value at the end of its anticipated lifetime. The superintendent
shall revise at least annually the reimbursement payments
based on the current and anticipated future cost of comparable categories of transportation equipment. Reimbursements
to school districts for approved transportation equipment
shall be placed in a separate transportation vehicle fund
established for each school district under RCW 28A.160.130.
However, educational service districts providing student
transportation services pursuant to RCW 28A.310.180(4) and
receiving moneys generated pursuant to this section shall
establish and maintain a separate transportation vehicle
account in the educational service district’s general expense
fund for the purposes and subject to the conditions under
RCW 28A.160.130 and 28A.320.300.
(2) To the extent possible, districts shall operate vehicles
acquired under this section not less than the number of years
or useful lifetime now, or hereafter, assigned to the category
of vehicles by the superintendent. School districts shall properly maintain the transportation equipment acquired under
the provisions of this section, in accordance with rules established by the office of the superintendent of public instruction. If a district fails to follow generally accepted standards
of maintenance and operation, the superintendent of public
instruction shall penalize the district by deducting from
future reimbursements under this section an amount equal to
the original cost of the vehicle multiplied by the fraction of
the useful lifetime or miles the vehicle failed to operate.
(3) The superintendent shall annually develop a depreciation schedule to recognize the cost of depreciation to districts contracting with private carriers for student transportation. Payments on this schedule shall be a straight line depreciation based on the original cost of the appropriate category
28A.160.200
(2010 Ed.)
Learning Assistance Program
of vehicle. [1995 1st sp.s. c 10 § 2; 1990 c 33 § 146; 1987 c
508 § 4; 1981 c 265 § 6. Formerly RCW 28A.41.540.]
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
Additional notes found at www.leg.wa.gov
28A.160.205
28A.160.205 School bus replacement incentive program—Rules. (1) The office of the superintendent of public
instruction shall implement a school bus replacement incentive program. As part of the program, the office shall fund up
to ten percent of the cost of a new 2007 or later model year
school bus that meets the 2007 federal motor vehicle emission control standards and is purchased by a school district by
no later than June 30, 2009, provided that the new bus is
replacing a 1994 or older school bus in the school district’s
fleet. Replacement of the oldest buses must be given highest
priority.
(2) The office of the superintendent of public instruction
shall ensure that buses being replaced through this program
are surplused under RCW 28A.335.180. As part of the surplus process, school districts must provide written documentation to the office of the superintendent of public instruction
demonstrating that buses being replaced are scrapped and not
purchased for road use. The documentation must include bus
make, model, year, vehicle identification number, engine
make, engine serial number, and salvage yard receipts; and
must demonstrate that the engine and body of the bus being
replaced has been rendered unusable.
(3) The office of the superintendent of public instruction
may adopt any rules necessary for the implementation of
chapter 348, Laws of 2007. [2007 c 348 § 101.]
Reviser’s note: 2007 c 348 directed that this section be added to chapter 28A.300 RCW. This section has been added to chapter 28A.160 RCW,
which relates more directly to school bus acquisition.
Findings—Part headings not law—2007 c 348: See RCW 43.325.005
and 43.325.903.
28A.160.210
28A.160.210 School bus drivers—Training and qualifications—Rules. In addition to other powers and duties,
the superintendent of public instruction shall adopt rules governing the training and qualifications of school bus drivers.
Such rules shall be designed to insure that persons will not be
employed to operate school buses unless they possess such
physical health and driving skills as are necessary to safely
operate school buses: PROVIDED, That such rules shall
insure that school bus drivers are provided a due process
hearing before any certification required by such rules is cancelled: PROVIDED FURTHER, That such rules shall not
conflict with the authority of the department of licensing to
license school bus drivers in accordance with chapter 46.25
RCW. The superintendent of public instruction may obtain a
copy of the driving record, as maintained by the department
of licensing, for consideration when evaluating a school bus
driver’s driving skills. [2006 c 263 § 906; 1989 c 178 § 20;
1981 c 200 § 1; 1979 c 158 § 89; 1969 ex.s. c 153 § 4. Formerly RCW 28A.04.131.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Chapter 28A.165
28A.165.015
Chapter 28A.165 RCW
LEARNING ASSISTANCE PROGRAM
Sections
28A.165.005
28A.165.015
28A.165.025
28A.165.035
28A.165.045
28A.165.055
28A.165.065
28A.165.075
28A.165.900
Purpose.
Definitions.
School district program plan.
Program activities.
Plan approval process.
Funds—Eligibility—Distribution.
Monitoring.
Rules.
Captions not law—2004 c 20.
28A.165.005 Purpose. (Effective until September 1,
2011.) The learning assistance program requirements in this
chapter are designed to: (1) Promote the use of assessment
data when developing programs to assist underachieving students; and (2) guide school districts in providing the most
effective and efficient practices when implementing programs to assist underachieving students. Further, this chapter
provides the means by which a school district becomes eligible for learning assistance program funds and the distribution
of those funds. [2004 c 20 § 1.]
28A.165.005
28A.165.005 Purpose. (Effective September 1, 2011.)
This chapter is designed to: (1) Promote the use of assessment data when developing programs to assist underachieving students; and (2) guide school districts in providing the
most effective and efficient practices when implementing
supplemental instruction and services to assist underachieving students. [2009 c 548 § 701; 2004 c 20 § 1.]
28A.165.005
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.165.015 Definitions. (Effective until September
1, 2011.) Unless the context clearly indicates otherwise the
definitions in this section apply throughout this chapter.
(1) "Approved program" means a program submitted to
and approved by the office of the superintendent of public
instruction and conducted pursuant to the plan that addresses
the required elements as provided for in this chapter.
(2) "Basic skills areas" means reading, writing, and
mathematics as well as readiness associated with these skills.
(3) "Participating student" means a student in kindergarten through grade eleven who scores below standard for his
or her grade level on the statewide assessments and who is
identified in the approved plan to receive services. Beginning with the 2007-2008 school year, "participating student"
means a student in kindergarten through grade twelve who
scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan
to receive services.
(4) "Statewide assessments" means one or more of the
several basic skills assessments administered as part of the
state’s student assessment system, and assessments in the
basic skills areas administered by local school districts.
(5) "Underachieving students" means students with the
greatest academic deficits in basic skills as identified by the
statewide assessments. [2004 c 20 § 2.]
28A.165.015
[Title 28A RCW—page 37]
28A.165.015
Title 28A RCW: Common School Provisions
28A.165.015 Definitions. (Effective September 1,
2011.) Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter.
(1) "Approved program" means a program submitted to
and approved by the office of the superintendent of public
instruction and conducted pursuant to the plan that addresses
the required elements as provided for in this chapter.
(2) "Basic skills areas" means reading, writing, and
mathematics as well as readiness associated with these skills.
(3) "Participating student" means a student in kindergarten through grade twelve who scores below standard for his
or her grade level on the statewide assessments and who is
identified in the approved plan to receive services.
(4) "Statewide assessments" means one or more of the
several basic skills assessments administered as part of the
state’s student assessment system, and assessments in the
basic skills areas administered by local school districts.
(5) "Underachieving students" means students with the
greatest academic deficits in basic skills as identified by the
statewide assessments. [2009 c 548 § 702; 2004 c 20 § 2.]
28A.165.015
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.165.025 School district program plan. (1) A participating school district shall submit the district’s plan for
using learning assistance funds to the office of the superintendent of public instruction for approval, to the extent
required under subsection (2) of this section. The program
plan must identify the program activities to be implemented
from RCW 28A.165.035 and implement all of the elements
in (a) through (h) of this subsection. The school district plan
shall include the following:
(a) District and school-level data on reading, writing, and
mathematics achievement as reported pursuant to chapter
28A.655 RCW and relevant federal law;
(b) Processes used for identifying the underachieving
students to be served by the program, including the identification of school or program sites providing program activities;
(c) How accelerated learning plans are developed and
implemented for participating students. Accelerated learning
plans may be developed as part of existing student achievement plan process such as student plans for achieving state
high school graduation standards, individual student academic plans, or the achievement plans for groups of students.
Accelerated learning plans shall include:
(i) Achievement goals for the students;
(ii) Roles of the student, parents, or guardians and teachers in the plan;
(iii) Communication procedures regarding student
accomplishment; and
(iv) Plan reviews and adjustments processes;
(d) How state level and classroom assessments are used
to inform instruction;
(e) How focused and intentional instructional strategies
have been identified and implemented;
28A.165.025
[Title 28A RCW—page 38]
(f) How highly qualified instructional staff are developed and supported in the program and in participating
schools;
(g) How other federal, state, district, and school
resources are coordinated with school improvement plans
and the district’s strategic plan to support underachieving students; and
(h) How a program evaluation will be conducted to
determine direction for the following school year.
(2) If a school district has received approval of its plan
once, it is not required to submit a plan for approval under
RCW 28A.165.045 or this section unless the district has
made a significant change to the plan. If a district has made
a significant change to only a portion of the plan the district
need only submit a description of the changes made and not
the entire plan. Plans or descriptions of changes to the plan
must be submitted by July 1st as required under this section.
The office of the superintendent of public instruction shall
establish guidelines for what a "significant change" is. [2009
c 556 § 1; 2004 c 20 § 3.]
28A.165.035 Program activities. Use of best practices
magnifies the opportunities for student success. The following are services and activities that may be supported by the
learning assistance program:
(1) Extended learning time opportunities occurring:
(a) Before or after the regular school day;
(b) On Saturday; and
(c) Beyond the regular school year;
(2) Services under RCW 28A.320.190;
(3) Professional development for certificated and classified staff that focuses on:
(a) The needs of a diverse student population;
(b) Specific literacy and mathematics content and
instructional strategies; and
(c) The use of student work to guide effective instruction;
(4) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating
students;
(5) Tutoring support for participating students; and
(6) Outreach activities and support for parents of participating students. [2008 c 321 § 4; 2004 c 20 § 4.]
28A.165.035
Findings—2008 c 321: See note following RCW 28A.655.061.
28A.165.045 Plan approval process. A participating
school district shall submit a program plan to the office of the
superintendent of public instruction for approval to the extent
required by RCW 28A.165.025. The program plan must
address all of the elements in RCW 28A.165.025 and identify
the program activities to be implemented from RCW
28A.165.035.
School districts achieving state reading and mathematics
goals as prescribed in chapter 28A.655 RCW shall have their
program approved once the program plan and activities submittal is completed.
School districts not achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW and that
are not in a state or federal program of school improvement
shall be subject to program approval once the plan compo28A.165.045
(2010 Ed.)
Substance Abuse Awareness Program
nents are reviewed by the office of the superintendent of public instruction for the purpose of receiving technical assistance in the final development of the plan.
School districts with one or more schools in a state or
federal program of school improvement shall have their plans
and activities reviewed and approved in conjunction with the
state or federal program school improvement program
requirements. [2009 c 556 § 2; 2004 c 20 § 5.]
28A.165.055 Funds—Eligibility—Distribution.
(Effective until September 1, 2011.) (1) Each school district
with an approved program is eligible for state funds provided
for the learning assistance program. The funds shall be
appropriated for the learning assistance program in accordance with the biennial appropriations act. The distribution
formula is for school district allocation purposes only. The
distribution formula shall be based on one or more family
income factors measuring economic need.
(2) In addition to the funds allocated to eligible school
districts on the basis of family income factors, enhanced
funds shall be allocated for school districts where more than
twenty percent of students are eligible for and enrolled in the
transitional bilingual instruction program under chapter
28A.180 RCW as provided in this subsection. The enhanced
funding provided in this subsection shall take effect beginning in the 2008-09 school year.
(a) If, in the prior school year, a district’s percent of
October headcount student enrollment in grades kindergarten
through twelve who are enrolled in the transitional bilingual
instruction program, based on an average of the program
headcount taken in October and May, exceeds twenty percent, twenty percent shall be subtracted from the district’s
percent transitional bilingual instruction program enrollment
and the resulting percent shall be multiplied by the district’s
kindergarten through twelve annual average full-time equivalent enrollment for the prior school year.
(b) The number calculated under (a) of this subsection
shall be the number of additional funded students for purposes of this subsection, to be multiplied by the per-funded
student allocation rates specified in the omnibus appropriations act.
(c) School districts are only eligible for the enhanced
funds under this subsection if their percentage of October
headcount enrollment in grades kindergarten through twelve
eligible for free or reduced-price lunch exceeded forty percent in the prior school year. [2008 c 321 § 10; 2005 c 489 §
1; 2004 c 20 § 6.]
28A.165.055
Findings—2008 c 321: See note following RCW 28A.655.061.
28A.165.055 Funds—Eligibility. (Effective September 1, 2011.) Each school district with an approved program
is eligible for state funds provided for the learning assistance
program. The funds shall be appropriated for the learning
assistance program in accordance with RCW 28A.150.260
and the omnibus appropriations act. The distribution formula
is for school district allocation purposes only, but funds
appropriated for the learning assistance program must be
expended for the purposes of RCW 28A.165.005 through
28A.165.065. [2009 c 548 § 703; 2008 c 321 § 10; 2005 c
489 § 1; 2004 c 20 § 6.]
28A.165.055
(2010 Ed.)
28A.170.075
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Findings—2008 c 321: See note following RCW 28A.655.061.
28A.165.065 Monitoring. To ensure that school districts are meeting the requirements of an approved program,
the superintendent of public instruction shall monitor such
programs no less than once every four years. Individual student records shall be maintained at the school district. [2004
c 20 § 7.]
28A.165.065
28A.165.075 Rules. The superintendent of public
instruction shall adopt rules in accordance with chapter 34.05
RCW that are necessary to implement this chapter. [2004 c
20 § 8.]
28A.165.075
28A.165.900 Captions not law—2004 c 20. Captions
used in this act are not any part of the law. [2004 c 20 § 9.]
28A.165.900
Chapter 28A.170 RCW
SUBSTANCE ABUSE AWARENESS PROGRAM
Chapter 28A.170
Sections
28A.170.050
28A.170.075
28A.170.080
28A.170.090
Advisory committee—Members—Duties.
Findings—Intent.
Grants—Substance abuse intervention.
Selection of grant recipients—Program rules.
28A.170.050 Advisory committee—Members—
Duties. The superintendent of public instruction shall
appoint a substance abuse advisory committee comprised of:
Representatives of certificated and classified staff; administrators; parents; students; school directors; the bureau of alcohol and substance abuse within the department of social and
health services; the traffic safety commission; and county
coordinators of alcohol and drug treatment. The committee
shall advise the superintendent on matters of local program
development, coordination, and evaluation. [1997 c 13 § 3;
1987 c 518 § 209. Formerly RCW 28A.120.038.]
28A.170.050
Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Additional notes found at www.leg.wa.gov
28A.170.075 Findings—Intent. (1) The legislature
finds that the provision of drug and alcohol counseling and
related prevention and intervention services in schools will
enhance the classroom environment for students and teachers, and better enable students to realize their academic and
personal potentials.
(2) The legislature finds that it is essential that resources
be made available to school districts to provide early drug
and alcohol prevention and intervention services to students
and their families; to assist in referrals to treatment providers;
and to strengthen the transition back to school for students
who have had problems of drug and alcohol abuse.
(3) Substance abuse awareness programs funded under
this chapter do not fall within the definition of basic education for purposes of Article IX of the state Constitution and
the state’s funding duty thereunder.
28A.170.075
[Title 28A RCW—page 39]
28A.170.080
Title 28A RCW: Common School Provisions
(4) The legislature intends to provide grants for drug and
alcohol abuse prevention and intervention in schools, targeted to those schools with the highest concentrations of students at risk. [1995 c 335 § 204; 1990 c 33 § 156; 1989 c 271
§ 310. Formerly RCW 28A.120.080.]
Additional notes found at www.leg.wa.gov
28A.170.080 Grants—Substance abuse intervention.
(1) Grants provided under RCW 28A.170.090 may be used
solely for services provided by a substance abuse intervention specialist or for dedicated staff time for counseling and
intervention services provided by any school district certificated employee who has been trained by and has access to
consultation with a substance abuse intervention specialist.
Services shall be directed at assisting students in kindergarten
through twelfth grade in overcoming problems of drug and
alcohol abuse, and in preventing abuse and addiction to such
substances, including nicotine. The grants shall require local
matching funds so that the grant amounts support a maximum
of eighty percent of the costs of the services funded. The services of a substance abuse intervention specialist may be
obtained by means of a contract with a state or community
services agency or a drug treatment center. Services provided by a substance abuse intervention specialist may
include:
(a) Individual and family counseling, including preventive counseling;
(b) Assessment and referral for treatment;
(c) Referral to peer support groups;
(d) Aftercare;
(e) Development and supervision of student mentor programs;
(f) Staff training, including training in the identification
of high-risk children and effective interaction with those children in the classroom; and
(g) Development and coordination of school drug and
alcohol core teams, involving staff, students, parents, and
community members.
(2) For the purposes of this section, "substance abuse
intervention specialist" means any one of the following,
except that diagnosis and assessment, counseling and aftercare specifically identified with treatment of chemical dependency shall be performed only by personnel who meet the
same qualifications as are required of a qualified chemical
dependency counselor employed by an alcoholism or drug
treatment program approved by the department of social and
health services.
(a) An educational staff associate employed by a school
district or educational service district who holds certification
as a school counselor, school psychologist, school nurse, or
school social worker under Washington professional educator standards board rules adopted pursuant to RCW
28A.410.210;
(b) An individual who meets the definition of a qualified
drug or alcohol counselor established by the bureau of alcohol and substance abuse;
(c) A counselor, social worker, or other qualified professional employed by the department of social and health services;
28A.170.080
[Title 28A RCW—page 40]
(d) A psychologist licensed under chapter 18.83 RCW;
or
(e) A children’s mental health specialist as defined in
RCW 71.34.020. [2005 c 497 § 213; 1990 c 33 § 157; 1989
c 271 § 311. Formerly RCW 28A.120.082.]
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Additional notes found at www.leg.wa.gov
28A.170.090 Selection of grant recipients—Program
rules. (1) The superintendent of public instruction shall
select school districts and cooperatives of school districts to
receive grants for drug and alcohol abuse prevention and
intervention programs for students in kindergarten through
twelfth grade, from funds appropriated by the legislature for
this purpose. The minimum annual grant amount per district
or cooperative of districts shall be twenty thousand dollars.
Factors to be used in selecting proposals for funding and in
determining grant awards shall be developed in consultation
with the substance abuse advisory committee appointed
under RCW 28A.170.050, with the intent of targeting funding to districts with high-risk populations. These factors may
include:
(a) Characteristics of the school attendance areas to be
served, such as the number of students from low-income families, truancy rates, juvenile justice referrals, and social services caseloads;
(b) The total number of students who would have access
to services; and
(c) Participation of community groups and law enforcement agencies in drug and alcohol abuse prevention and
intervention activities.
(2) The application procedures for grants under this section shall include provisions for comprehensive planning,
establishment of a school and community substance abuse
advisory committee, and documentation of the district’s
needs assessment. Planning and application for grants under
this section may be integrated with the development of other
substance abuse awareness programs by school districts.
School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with other
funding available for substance abuse awareness programs.
School districts should allocate resources giving emphasis to
drug and alcohol abuse intervention services for students in
grades five through nine. Grants may be used to provide services for students who are enrolled in approved private
schools.
(3) School districts receiving grants under this section
shall be required to establish a means of accessing formal
assessment services for determining treatment needs of students with drug and alcohol problems. The grant applications
submitted by districts shall identify the districts’ plan for
meeting this requirement.
(4) School districts receiving grants under this section
shall be required to perform biennial evaluations of their drug
and alcohol abuse prevention and intervention programs, and
to report on the results of these evaluations to the superintendent of public instruction.
(5) The superintendent of public instruction may adopt
rules to implement RCW 28A.170.080 and 28A.170.090.
28A.170.090
(2010 Ed.)
Dropout Prevention, Intervention, and Retrieval System
[1995 c 335 § 205; 1990 c 33 § 158; 1989 c 271 § 312. Formerly RCW 28A.120.084.]
Additional notes found at www.leg.wa.gov
Chapter 28A.175 RCW
DROPOUT PREVENTION, INTERVENTION, AND
RETRIEVAL SYSTEM
Chapter 28A.175
Sections
28A.175.010 Educational progress information—Reporting requirements—Rules—Reports to legislature—Annual estimate
of savings.
28A.175.025 Building bridges program—Grants.
28A.175.035 Grants—Criteria and requirements—Data collection—
Third-party evaluator—Report.
28A.175.045 Grant awards—Recipients.
28A.175.055 Grant awards—Eligibility.
28A.175.065 Duties of educational service districts—Collaboration with
workforce development councils.
28A.175.074 Definitions.
28A.175.075 Building bridges work group—Composition—Duties—
Reports.
28A.175.100 Statewide dropout reengagement program.
28A.175.105 Statewide dropout reengagement program—Definitions.
28A.175.110 Statewide dropout reengagement program—Model interlocal
agreement and model contract—Students considered regularly enrolled in district.
28A.175.115 Statewide dropout reengagement program—Rules.
28A.175.025
tricts, including administrative and counseling personnel,
with regard to the methods through which information is to
be collected and reported.
(6) In reporting on the causes or reasons, or both, attributed to students for having dropped out of school, school
building officials shall, to the extent reasonably practical,
obtain such information directly from students. In lieu of
obtaining such information directly from students, building
principals and counselors shall identify the causes or reasons,
or both, based on their professional judgment.
(7) The superintendent of public instruction shall report
annually to the legislature the information collected under
subsections (1) through (4) of this section.
(8) The Washington state institute for public policy shall
calculate an annual estimate of the savings resulting from any
change compared to the prior school year in the extended
graduation rate. The superintendent shall include the estimate from the institute in an appendix of the report required
under subsection (7) of this section, beginning with the 2010
report. [2010 c 243 § 5; 2005 c 207 § 3; 1991 c 235 § 4; 1986
c 151 § 1. Formerly RCW 28A.58.087.]
F ind ing s— Inte nt— 2 005 c 20 7: See n ot e fol l ow i ng RC W
28A.600.300.
28A.175.025 Building bridges program—Grants.
Subject to the availability of funds appropriated for this purpose, the office of the superintendent of public instruction
shall create a grant program and award grants to local partnerships of schools, families, and communities to begin the
phase in of a statewide comprehensive dropout prevention,
intervention, and retrieval system. This program shall be
known as the building bridges program.
(1) For purposes of RCW 28A.175.025 through
28A.175.075, a "building bridges program" means a local
partnership of schools, families, and communities that provides all of the following programs or activities:
(a) A system that identifies individual students at risk of
dropping out from middle through high school based on local
predictive data, including state assessment data starting in the
fourth grade, and provides timely interventions for such students and for dropouts, including a plan for educational success as already required by the student learning plan as
defined under RCW 28A.655.061. Students identified shall
include foster care youth, youth involved in the juvenile justice system, and students receiving special education services
under chapter 28A.155 RCW;
(b) Coaches or mentors for students as necessary;
(c) Staff responsible for coordination of community partners that provide a seamless continuum of academic and nonacademic support in schools and communities;
(d) Retrieval or reentry activities; and
(e) Alternative educational programming, including, but
not limited to, career and technical education exploratory and
preparatory programs and online learning opportunities.
(2) One of the grants awarded under this section shall be
for a two-year demonstration project focusing on providing
fifth through twelfth grade students with a program that utilizes technology and is integrated with state standards, basic
academics, cross-cultural exposures, and age-appropriate
preemployment training. The project shall:
28A.175.025
28A.175.010 Educational progress information—
Reporting requirements—Rules—Reports to legislature—Annual estimate of savings. Each school district
shall account for the educational progress of each of its students. To achieve this, school districts shall be required to
report annually to the superintendent of public instruction:
(1) For students enrolled in each of a school district’s
high school programs:
(a) The number of students who graduate in fewer than
four years;
(b) The number of students who graduate in four years;
(c) The number of students who remain in school for
more than four years but who eventually graduate and the
number of students who remain in school for more than four
years but do not graduate;
(d) The number of students who transfer to other
schools;
(e) The number of students in the ninth through twelfth
grade who drop out of school over a four-year period; and
(f) The number of students whose status is unknown.
(2) Dropout rates of students in each of the grades seven
through twelve.
(3) Dropout rates for student populations in each of the
grades seven through twelve by:
(a) Ethnicity;
(b) Gender;
(c) Socioeconomic status; and
(d) Disability status.
(4) The causes or reasons, or both, attributed to students
for having dropped out of school in grades seven through
twelve.
(5) The superintendent of public instruction shall adopt
rules under chapter 34.05 RCW to assure uniformity in the
information districts are required to report under subsections
(1) through (4) of this section. In developing rules, the superintendent of public instruction shall consult with school dis28A.175.010
(2010 Ed.)
[Title 28A RCW—page 41]
28A.175.035
Title 28A RCW: Common School Provisions
(a) Establish programs in two western Washington and
one eastern Washington urban areas;
(b) Identify at-risk students in each of the distinct communities and populations and implement strategies to close
the achievement gap;
(c) Collect and report data on participant characteristics
and outcomes of the project, including the characteristics and
outcomes specified under RCW 28A.175.035(1)(e); and
(d) Submit a report to the legislature by December 1,
2009. [2007 c 408 § 2.]
Intent—Findings—2007 c 408: "It is the intent of the legislature that
increasing academic success and increasing graduation rates be dual goals
for the K-12 system. The legislature finds that only seventy-four percent of
the class of 2005 graduated on time. Students of color, students living in
poverty, students in foster care, students in the juvenile justice system, students who are homeless, students for whom English is not their primary language, and students with disabilities have lower graduation rates than the
average. The legislature further finds that students who drop out experience
more frequent occurrences of early pregnancy, delinquency, substance
abuse, and mental health issues, and have greater need of publicly funded
health and social services. The legislature further finds that helping all students be successful in school requires active participation in coordinating
services from schools, parents, and other stakeholders and agencies in the
local community. The legislature finds that existing resources to vulnerable
youth are used more efficiently and effectively when there is significant
coordination across local and state entities. The legislature further finds that
efficiency and accountability of the K-12 system would be improved by creating a dropout prevention and intervention grant program that implements
research-based and emerging best practices and evaluates results." [2007 c
408 § 1.]
28A.175.035 Grants—Criteria and requirements—
Data collection—Third-party evaluator—Report. (1) The
office of the superintendent of public instruction shall:
(a) Identify criteria for grants and evaluate proposals for
funding in consultation with the workforce training and education coordinating board;
(b) Develop and monitor requirements for grant recipients to:
(i) Identify students who both fail the Washington
assessment of student learning and drop out of school;
(ii) Identify their own strengths and gaps in services provided to youth;
(iii) Set their own local goals for program outcomes;
(iv) Use research-based and emerging best practices that
lead to positive outcomes in implementing the building
bridges program; and
(v) Coordinate an outreach campaign to bring public and
private organizations together and to provide information
about the building bridges program to the local community;
(c) In setting the requirements under (b) of this subsection, encourage creativity and provide for flexibility in implementing the local building bridges program;
(d) Identify and disseminate successful practices;
(e) Develop requirements for grant recipients to collect
and report data, including, but not limited to:
(i) The number of and demographics of students served
including, but not limited to, information regarding a student’s race and ethnicity, a student’s household income, a
student’s housing status, whether a student is a foster youth
or youth involved in the juvenile justice system, whether a
student is disabled, and the primary language spoken at a student’s home;
(ii) Washington assessment of student learning scores;
28A.175.035
[Title 28A RCW—page 42]
(iii) Dropout rates;
(iv) On-time graduation rates;
(v) Extended graduation rates;
(vi) Credentials obtained;
(vii) Absenteeism rates;
(viii) Truancy rates; and
(ix) Credit retrieval;
(f) Contract with a third party to evaluate the infrastructure and implementation of the partnership including the
leveraging of outside resources that relate to the goal of the
partnership. The third-party contractor shall also evaluate the
performance and effectiveness of the partnerships relative to
the type of entity, as identified in RCW 28A.175.045, serving
as the lead agency for the partnership; and
(g) Report to the legislature by December 1, 2008.
(2) In performing its duties under this section, the office
of the superintendent of public instruction is encouraged to
consult with the work group identified in RCW 28A.175.075.
[2007 c 408 § 3.]
Inte nt —F i ndi ngs— 2 007 c 40 8: See n ot e fol l ow i ng RC W
28A.175.025.
28A.175.045 Grant awards—Recipients. In awarding
the grants under RCW 28A.175.025, the office of the superintendent of public instruction shall prioritize schools or districts with dropout rates above the statewide average and
shall attempt to award building bridges program grants to different geographic regions of the state. Eligible recipients
shall be one of the following entities acting as a lead agency
for the local partnership: A school district, a tribal school, an
area workforce development council, an educational service
district, an accredited institution of higher education, a vocational skills center, a federally recognized tribe, a community
organization, or a nonprofit 501(c)(3) corporation. If the
recipient is not a school district, at least one school district
must be identified within the partnership. The superintendent
of public instruction shall ensure that grants are distributed
proportionately between school districts and other recipients.
This requirement may be waived if the superintendent of
public instruction finds that the quality of the programs or
applications from these entities does not warrant the awarding of the grants proportionately. [2007 c 408 § 4.]
28A.175.045
Inte nt —F i ndi ngs— 2 007 c 40 8: See n ot e fol l ow i ng RC W
28A.175.025.
28A.175.055 Grant awards—Eligibility. To be eligible for a grant under RCW 28A.175.025, grant applicants
shall:
(1) Build or demonstrate a commitment to building a
broad-based partnership of schools, families, and community
members to provide an effective and efficient building
bridges program. The partnership shall consider an effective
model for school-community partnerships and include local
membership from, but not limited to, school districts, tribal
schools, secondary career and technical education programs,
skill centers that serve the local community, an educational
service district, the area workforce development council,
accredited institutions of higher education, tribes or other cultural organizations, the parent teacher association, the juvenile court, prosecutors and defenders, the local health department, health care agencies, public transportation agencies,
28A.175.055
(2010 Ed.)
Dropout Prevention, Intervention, and Retrieval System
local division representatives of the department of social and
health services, businesses, city or county government agencies, civic organizations, and appropriate youth-serving community-based organizations. Interested parents and students
shall be actively included whenever possible;
(2) Demonstrate how the grant will enhance any dropout
prevention and intervention programs and services already in
place in the district;
(3) Provide a twenty-five percent match that may include
in-kind resources from within the partnership;
(4) Track and report data required by the grant; and
(5) Describe how the dropout prevention, intervention,
and retrieval system will be sustained after initial funding,
including roles of each of the partners. [2007 c 408 § 5.]
Inte nt— F i ndi ngs— 20 07 c 40 8: See n ot e fol l ow i ng RC W
28A.175.025.
28A.175.065 Duties of educational service districts—
Collaboration with workforce development councils. (1)
Educational service districts, in collaboration with area workforce development councils, shall:
(a) Provide technical assistance to local partnerships
established under a grant awarded under RCW 28A.175.025
in collecting and using performance data; and
(b) At the request of a local partnership established under
a grant awarded under RCW 28A.175.025, provide assistance in the development of a functional sustainability plan,
including the identification of potential funding sources for
future operation.
(2) Local partnerships established under a grant awarded
under RCW 28A.175.025 may contract with an educational
service district, workforce development council, or a private
agency for specialized training in such areas as cultural competency, identifying diverse learning styles, and intervention
strategies for students at risk of dropping out of school.
[2007 c 408 § 6.]
28A.175.065
Inte nt— F i ndi ngs— 20 07 c 40 8: See n ot e fol l ow i ng RC W
28A.175.025.
28A.175.074 Definitions. The definitions in this section apply throughout section 3, chapter 243, Laws of 2010
and RCW 28A.175.075 unless the context clearly requires
otherwise.
(1) "Critical community members" means representatives in the local community from among the following agencies and organizations: Student/parent organizations, parents
and families, local government, law enforcement, juvenile
corrections, any tribal organization in the local school district, the local health district, nonprofit and social service
organizations serving youth, and faith organizations.
(2) "Dropout early warning and intervention data system" means a student information system that provides the
data needed to conduct a universal screening to identify students at risk of dropping out, catalog student interventions,
and monitor student progress towards graduation.
(3) "K-12 dropout prevention, intervention, and reengagement system" means a system that provides all of the following functions:
(a) Engaging in school improvement planning specifically focused on improving high school graduation rates,
28A.175.075
including goal-setting and action planning, based on a comprehensive assessment of strengths and challenges;
(b) Providing prevention activities including, but not
limited to, emotionally and physically safe school environments, implementation of a comprehensive guidance and
counseling model facilitated by certified school counselors,
core academic instruction, and career and technical education
exploratory and preparatory programs;
(c) Identifying vulnerable students based on a dropout
early warning and intervention data system;
(d) Timely academic and nonacademic group and individual interventions for vulnerable students based on a
response to intervention model, including planning and sharing of information at critical academic transitions;
(e) Providing graduation coaches, mentors, certified
school counselors, and/or case managers for vulnerable students identified as needing a more intensive one-on-one adult
relationship;
(f) Establishing and providing staff to coordinate a
school/family/community partnership that assists in building
a K-12 dropout prevention, intervention, and reengagement
system;
(g) Providing retrieval or reentry activities; and
(h) Providing alternative educational programming
including, but not limited to, credit retrieval and online learning opportunities.
(4) "School/family/community partnership" means a
partnership between a school or schools, families, and the
community, that engages critical community members in a
formal, structured partnership with local school districts in a
coordinated effort to provide comprehensive support services
and improve outcomes for vulnerable youth.
(5) "Vulnerable students" means students who are in foster care, involved in the juvenile justice system, receiving
special education services under chapter 28A.155 RCW,
recent immigrants, homeless, emotionally traumatized, or are
facing behavioral health issues, and students deemed at-risk
of school failure as identified by a dropout early warning data
system or other assessment. [2010 c 243 § 2.]
28A.175.074
(2010 Ed.)
28A.175.075 Building bridges work group—Composition—Duties—Reports. (1) The office of the superintendent of public instruction shall establish a state-level building
bridges work group that includes K-12 and state agencies that
work with youth who have dropped out or are at risk of dropping out of school. The following agencies shall appoint representatives to the work group: The office of the superintendent of public instruction, the workforce training and education coordinating board, the department of early learning, the
employment security department, the state board for community and technical colleges, the department of health, the
community mobilization office, and the children’s services
and behavioral health and recovery divisions of the department of social and health services. The work group should
also consist of one representative from each of the following
agencies and organizations: A statewide organization representing career and technical education programs including
skill centers; the juvenile courts or the office of juvenile justice, or both; the Washington association of prosecuting attorneys; the Washington state office of public defense; accredited institutions of higher education; the educational service
28A.175.075
[Title 28A RCW—page 43]
28A.175.100
Title 28A RCW: Common School Provisions
districts; the area workforce development councils; parent
and educator associations; achievement gap oversight and
accountability committee; office of the education ombudsman; local school districts; agencies or organizations that
provide services to special education students; community
organizations serving youth; federally recognized tribes and
urban tribal centers; each of the major political caucuses of
the senate and house of representatives; and the minority
commissions.
(2) To assist and enhance the work of the building
bridges programs established in RCW 28A.175.025, the
state-level work group shall:
(a) Identify and make recommendations to the legislature for the reduction of fiscal, legal, and regulatory barriers
that prevent coordination of program resources across agencies at the state and local level;
(b) Develop and track performance measures and benchmarks for each partner agency or organization across the state
including performance measures and benchmarks based on
student characteristics and outcomes specified in RCW
28A.175.035(1)(e); and
(c) Identify research-based and emerging best practices
regarding prevention, intervention, and retrieval programs.
(3)(a) The work group shall report to the quality education council, appropriate committees of the legislature, and
the governor on an annual basis beginning December 1,
2007, with proposed strategies for building K-12 dropout prevention, intervention, and reengagement systems in local
communities throughout the state including, but not limited
to, recommendations for implementing emerging best practices, needed additional resources, and eliminating barriers.
(b) By September 15, 2010, the work group shall report
on:
(i) A recommended state goal and annual state targets for
the percentage of students graduating from high school;
(ii) A recommended state goal and annual state targets
for the percentage of youth who have dropped out of school
who should be reengaged in education and be college and
work ready;
(iii) Recommended funding for supporting career guidance and the planning and implementation of K-12 dropout
prevention, intervention, and reengagement systems in
school districts and a plan for phasing the funding into the
program of basic education, beginning in the 2011-2013
biennium; and
(iv) A plan for phasing in the expansion of the current
school improvement planning program to include statefunded, dropout-focused school improvement technical
assistance for school districts in significant need of improvement regarding high school graduation rates.
(4) State agencies in the building bridges work group
shall work together, wherever feasible, on the following
activities to support school/family/community partnerships
engaged in building K-12 dropout prevention, intervention,
and reengagement systems:
(a) Providing opportunities for coordination and flexibility of program eligibility and funding criteria;
(b) Providing joint funding;
(c) Developing protocols and templates for model agreements on sharing records and data;
[Title 28A RCW—page 44]
(d) Providing joint professional development opportunities that provide knowledge and training on:
(i) Research-based and promising practices;
(ii) The availability of programs and services for vulnerable youth; and
(iii) Cultural competence.
(5) The building bridges work group shall make recommendations to the governor and the legislature by December
1, 2010, on a state-level and regional infrastructure for coordinating services for vulnerable youth. Recommendations
must address the following issues:
(a) Whether to adopt an official conceptual approach or
framework for all entities working with vulnerable youth that
can support coordinated planning and evaluation;
(b) The creation of a performance-based management
system, including outcomes, indicators, and performance
measures relating to vulnerable youth and programs serving
them, including accountability for the dropout issue;
(c) The development of regional and/or county-level
multipartner youth consortia with a specific charge to assist
school districts and local communities in building K-12 comprehensive dropout prevention, intervention, and reengagement systems;
(d) The development of integrated or school-based onestop shopping for services that would:
(i) Provide individualized attention to the neediest youth
and prioritized access to services for students identified by a
dropout early warning and intervention data system;
(ii) Establish protocols for coordinating data and services, including getting data release at time of intake and
common assessment and referral processes; and
(iii) Build a system of single case managers across agencies;
(e) Launching a statewide media campaign on increasing
the high school graduation rate; and
(f) Developing a statewide database of available services
for vulnerable youth. [2010 c 243 § 4; 2007 c 408 § 7.]
Inte nt —F i ndi ngs— 2 007 c 40 8: See n ot e fol l ow i ng RC W
28A.175.025.
28A.175.100 Statewide dropout reengagement program. (1) This section and RCW 28A.175.105 through
28A.175.115 provide a statutory framework for a statewide
dropout reengagement system to provide appropriate educational opportunities and access to services for students age
sixteen to twenty-one who have dropped out of high school or
are not accumulating sufficient credits to reasonably complete a high school diploma in a public school before the age
of twenty-one.
(2) Under the system, school districts may:
(a) Enter into the model interlocal agreement developed
under RCW 28A.175.110 with an educational service district, community or technical college, or other public entity to
provide a dropout reengagement program for eligible students of the district; or
(b) Enter into the model contract developed under RCW
28A.175.110 with a community-based organization to provide a dropout reengagement program for eligible students of
the district.
(3) If a school district does not enter an interlocal agreement or contract with an educational service district, commu28A.175.100
(2010 Ed.)
Dropout Prevention, Intervention, and Retrieval System
nity or technical college, other public entity, or communitybased organization to provide a dropout reengagement program for eligible students residing in the district, the educational service district, community or technical college, other
public entity, or community-based organization may petition
a school district other than the resident school district to
enroll the eligible students under RCW 28A.225.220 through
28A.225.230 and enter the interlocal agreement or contract
with the petitioning entity to provide a dropout reengagement
program for the eligible students.
(4) This section does not affect the authority of school
districts to contract for educational services under RCW
28A.150.305 and 28A.320.035. This section also does not
affect the authority of school districts to offer dropout reengagement programs or other educational services for eligible
students directly. [2010 c 20 § 2.]
Intent—2010 c 20: "(1) In every school district there are older youth
who have become disengaged with the traditional education program of public high schools. They may have failed multiple classes and are far behind in
accumulating credits to graduate. They do not see a high school diploma as
an achievable goal. They may have dropped out of school entirely. They are
not likely to become reengaged in their education by the prospect of reenrollment in a traditional or even an alternative high school.
(2) For many years, school districts, community and technical colleges,
and community-based organizations have created partnerships to provide
appropriate educational programs for these students. Programs such as
career education options and career link have successfully offered individualized academic instruction, case management support, and career-oriented
skills in an age-appropriate learning environment to hundreds of disengaged
older youth. Preparation for the GED test is provided but is not the end goal
for students.
(3) However, in recent years, many of these partnerships have ceased
to operate. The laws and rules authorizing school districts to contract using
basic education allocations do not provide sufficient guidance and instead
present barriers. Program providers are forced to adapt to rules that were not
written to address the needs of the students being served. Questions and concerns about liability, responsibility, and administrative burden have caused
districts reluctantly to abandon their partnerships, and consequently leave
hundreds of students without a viable alternative for continuing their public
education.
(4) Therefore the legislature intends to provide a statutory framework
to support a statewide dropout reengagement system for older youth. The
framework clarifies and standardizes funding, programs, and administration
by directing the office of the superintendent of public instruction to develop
model contracts and interlocal agreements. It is the legislature’s intent to
encourage school districts, community and technical colleges, and community-based organizations to participate in this system and provide appropriate
instruction and services to reengage older students and help them make
progress toward a meaningful credential and career skills." [2010 c 20 § 1.]
28A.175.105 Statewide dropout reengagement program—Definitions. The definitions in this section apply
throughout RCW 28A.175.100 through 28A.175.110 unless
the context clearly requires otherwise:
(1) "Dropout reengagement program" means an educational program that offers at least the following instruction
and services:
(a) Academic instruction, including but not limited to
GED preparation, academic skills instruction, and college
and work readiness preparation, that generates credits that
can be applied to a high school diploma from the student’s
school district or from a community or technical college
under RCW 28B.50.535 and has the goal of enabling the student to obtain the academic and work readiness skills necessary for employment or postsecondary study. A dropout
reengagement program is not required to offer instruction in
only those subject areas where a student is deficient in accu28A.175.105
(2010 Ed.)
28A.175.110
mulated credits. Academic instruction must be provided by
teachers certified by the Washington professional educator
standards board or by instructors employed by a community
or technical college whose required credentials are established by the college;
(b) Case management, academic and career counseling,
and assistance with accessing services and resources that support at-risk youth and reduce barriers to educational success;
and
(c) If the program provider is a community or technical
college, the opportunity for qualified students to enroll in college courses that lead to a postsecondary degree or certificate.
The college may not charge an eligible student tuition for
such enrollment.
(2) "Eligible student" means a student who:
(a) Is at least sixteen but less than twenty-one years of
age at the beginning of the school year;
(b) Is not accumulating sufficient credits toward a high
school diploma to reasonably complete a high school
diploma from a public school before the age of twenty-one or
is recommended for the program by case managers from the
department of social and health services or the juvenile justice system; and
(c) Is enrolled or enrolls in the school district in which
the student resides, or is enrolled or enrolls in a nonresident
s c h o o l d i s t r i c t u n d e r R C W 2 8 A. 2 2 5 . 2 2 0 t h r o u g h
28A.225.230.
(3) "Full-time equivalent eligible student" means an eligible student whose enrollment and attendance meet criteria
adopted by the office of the superintendent of public instruction specifically for dropout reengagement programs. The
criteria shall be:
(a) Based on the community or technical college credits
generated by the student if the program provider is a community or technical college; and
(b) Based on a minimum amount of planned programming or instruction and minimum attendance by the student
rather than hours of seat time if the program provider is a
community-based organization. [2010 c 20 § 3.]
Intent—2010 c 20: See note following RCW 28A.175.100.
28A.175.110 Statewide dropout reengagement program—Model interlocal agreement and model contract—
Students considered regularly enrolled in district. (1) The
office of the superintendent of public instruction shall
develop a model interlocal agreement and a model contract
for the dropout reengagement system.
(2) The model interlocal agreement and contract shall, at
a minimum, address the following:
(a) Responsibilities for identification, referral, and
enrollment of eligible students;
(b) Instruction and services to be provided by a dropout
r ee n g a g e m en t p r o g r a m , a s s p e c i f i e d u n d e r R C W
28A.175.105;
(c) Responsibilities for data collection and reporting,
including student transcripts and data required for the statewide student information system;
(d) Administration of the high school statewide student
assessments;
28A.175.110
[Title 28A RCW—page 45]
28A.175.115
Title 28A RCW: Common School Provisions
(e) Uniform financial reimbursement rates per full-time
equivalent eligible student enrolled in a dropout reengagement program, calculated and allocated as a statewide annual
average of the basic education allocations generated under
RCW 28A.150.260 for nonvocational students and including
enhancements for vocational students where eligible students
are enrolled in vocational courses in a program, and allowing
for a uniform administrative fee to be retained by the district;
(f) Responsibilities for provision of special education or
related services for eligible students with disabilities who
have an individualized education program;
(g) Responsibilities for necessary accommodations and
plans for students qualifying under section 504 of the rehabilitation act of 1973;
(h) Minimum instructional staffing ratios for dropout
reengagement programs offered by community-based organizations, which are not required to be the same as for other
basic education programs in school districts; and
(i) Performance measures that must be reported to the
office of the superintendent of public instruction in a common format for purposes of accountability, including longitudinal monitoring of student progress and postsecondary education and employment.
(3) Eligible students enrolled in a dropout reengagement
program under RCW 28A.175.100, 28A.175.105, and this
section are considered regularly enrolled students of the
school district in which they are enrolled, except that the students shall not be included in the school district’s enrollment
for purposes of calculating compliance with RCW
28A.150.100. [2010 c 20 § 4.]
Intent—2010 c 20: See note following RCW 28A.175.100.
28A.175.115 Statewide dropout reengagement program—Rules. (1) The office of the superintendent of public
instruction shall adopt rules to implement RCW 28A.175.100
through 28A.175.110.
(2) When adopting rules under this section and developing model interlocal agreements and contracts under RCW
28A.175.110, the office of the superintendent of public
instruction shall consult with the state board for community
and technical colleges, the workforce training and education
coordinating board, colleges and community-based organizations that have previously offered dropout reengagement programs, providers of online courses and programs approved
under RCW 28A.250.020, school districts, and educational
service districts. [2010 c 20 § 5.]
28A.175.115
Intent—2010 c 20: See note following RCW 28A.175.100.
Chapter 28A.180
Chapter 28A.180 RCW
TRANSITIONAL BILINGUAL
INSTRUCTION PROGRAM
Sections
28A.180.010
28A.180.020
28A.180.030
28A.180.040
28A.180.060
28A.180.080
Short title—Purpose.
Annual report by superintendent of public instruction.
Definitions.
School board duties.
Guidelines and rules.
Budget requests—Allocation of moneys—English language
skills test.
28A.180.090 Evaluation system—Report to the legislature.
28A.180.100 Continuing education plan for older students.
[Title 28A RCW—page 46]
28A.180.010 Short title—Purpose. (Effective until
Se p te m b e r 1 , 2 0 1 1. ) R C W 2 8 A. 1 8 0 . 0 1 0 t h r ou g h
28A.180.080 shall be known and cited as "The Transitional
Bilingual Instruction Act." The legislature finds that there
are large numbers of children who come from homes where
the primary language is other than English. The legislature
finds that a transitional bilingual education program can meet
the needs of these children. Pursuant to the policy of this state
to insure equal educational opportunity to every child in this
state, it is the purpose of RCW 28A.180.010 through
28A.180.080 to provide for the implementation of transitional bilingual education programs in the public schools, and
to provide supplemental financial assistance to school districts to meet the extra costs of these programs. [1990 c 33 §
163; 1984 c 124 § 1; 1979 c 95 § 1. Formerly RCW
28A.58.800.]
28A.180.010
Additional notes found at www.leg.wa.gov
28A.180.010 Short title—Purpose. (Effective September 1, 2011.) RCW 28A.180.010 through 28A.180.080
shall be known and cited as "the transitional bilingual instruction act." The legislature finds that there are large numbers of
children who come from homes where the primary language
is other than English. The legislature finds that a transitional
bilingual education program can meet the needs of these children. Pursuant to the policy of this state to insure equal educational opportunity to every child in this state, it is the purpose of RCW 28A.180.010 through 28A.180.080 to provide
for the implementation of transitional bilingual education
programs in the public schools. [2009 c 548 § 704; 1990 c 33
§ 163; 1984 c 124 § 1; 1979 c 95 § 1. Formerly RCW
28A.58.800.]
28A.180.010
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Additional notes found at www.leg.wa.gov
28A.180.020 Annual report by superintendent of
public instruction. The superintendent of public instruction
shall review annually the transitional bilingual instruction
program and shall submit a report of such review to the legislature on or before January 1 of each year. [1984 c 124 § 8.
Formerly RCW 28A.58.801.]
28A.180.020
28A.180.030 Definitions. As used throughout this
chapter, unless the context clearly indicates otherwise:
(1) "Transitional bilingual instruction" means:
(a) A system of instruction which uses two languages,
one of which is English, as a means of instruction to build
upon and expand language skills to enable the pupil to
achieve competency in English. Concepts and information
are introduced in the primary language and reinforced in the
second language: PROVIDED, That the program shall
include testing in the subject matter in English; or
(b) In those cases in which the use of two languages is
not practicable as established by the superintendent of public
instruction and unless otherwise prohibited by law, an alternative system of instruction which may include English as a
28A.180.030
(2010 Ed.)
Transitional Bilingual Instruction Program
second language and is designed to enable the pupil to
achieve competency in English.
(2) "Primary language" means the language most often
used by the student for communication in his/her home.
(3) "Eligible pupil" means any enrollee of the school district whose primary language is other than English and whose
English language skills are sufficiently deficient or absent to
impair learning. [2001 1st sp.s. c 6 § 3; 1990 c 33 § 164;
1984 c 124 § 2; 1979 c 95 § 2. Formerly RCW 28A.58.802.]
Additional notes found at www.leg.wa.gov
28A.180.040 School board duties. (1) Every school
district board of directors shall:
(a) Make available to each eligible pupil transitional
bilingual instruction to achieve competency in English, in
accord with rules of the superintendent of public instruction;
(b) Wherever feasible, ensure that communications to
parents emanating from the schools shall be appropriately
bilingual for those parents of pupils in the bilingual instruction program;
(c) Determine, by administration of an English test
approved by the superintendent of public instruction the
number of eligible pupils enrolled in the school district at the
beginning of a school year and thereafter during the year as
necessary in individual cases;
(d) Ensure that a student who is a child of a military family in transition and who has been assessed as in need of, or
enrolled in, a bilingual instruction program, the receiving
school shall initially honor placement of the student into a
like program.
(i) The receiving school shall determine whether the district’s program is a like program when compared to the sending school’s program; and
(ii) The receiving school may conduct subsequent
assessments pursuant to RCW 28A.180.090 to determine
appropriate placement and continued enrollment in the program;
(e) Before the conclusion of each school year, measure
each eligible pupil’s improvement in learning the English
language by means of a test approved by the superintendent
of public instruction; and
(f) Provide in-service training for teachers, counselors,
and other staff, who are involved in the district’s transitional
bilingual program. Such training shall include appropriate
instructional strategies for children of culturally different
backgrounds, use of curriculum materials, and program models.
(2) The definitions in Article II of RCW 28A.705.010
apply to subsection (1)(d) of this section. [2009 c 380 § 5;
2001 1st sp.s. c 6 § 4; 1984 c 124 § 3; 1979 c 95 § 3. Formerly RCW 28A.58.804.]
28A.180.040
Additional notes found at www.leg.wa.gov
28A.180.060 Guidelines and rules. The superintendent of public instruction shall:
(1) Promulgate and issue program development guidelines to assist school districts in preparing their programs;
(2) Promulgate rules for implementation of RCW
28A.180.010 through 28A.180.080 in accordance with chapter 34.05 RCW. The rules shall be designed to maximize the
28A.180.060
(2010 Ed.)
28A.180.090
role of school districts in selecting programs appropriate to
meet the needs of eligible students. The rules shall identify
the process and criteria to be used to determine when a student is no longer eligible for transitional bilingual instruction
pursuant to RCW 28A.180.010 through 28A.180.080. [1990
c 33 § 165; 1984 c 124 § 5; 1979 c 95 § 5. Formerly RCW
28A.58.808.]
Additional notes found at www.leg.wa.gov
28A.180.080 Budget requests—Allocation of moneys—English language skills test. (Effective until September 1, 2011.) The superintendent of public instruction shall
prepare and submit biennially to the governor and the legislature a budget request for bilingual instruction programs.
Moneys appropriated by the legislature for the purposes of
RCW 28A.180.010 through 28A.180.080 shall be allocated
by the superintendent of public instruction to school districts
for the sole purpose of operating an approved bilingual
instruction program; priorities for funding shall exist for the
early elementary grades. No moneys shall be allocated pursuant to this section to fund more than three school years of
bilingual instruction for each eligible pupil within a district:
PROVIDED, That such moneys may be allocated to fund
more than three school years of bilingual instruction for any
pupil who fails to demonstrate improvement in English language skills adequate to remove impairment of learning when
taught only in English. The superintendent of public instruction shall set standards and approve a test for the measurement of such English language skills. [1995 c 335 § 601;
1990 c 33 § 167; 1979 c 95 § 6. Formerly RCW 28A.58.810.]
28A.180.080
Additional notes found at www.leg.wa.gov
28A.180.080 Allocation of moneys for bilingual
instruction program. (Effective September 1, 2011.) Moneys appropriated by the legislature for the purposes of RCW
28A.180.010 through 28A.180.080 shall be allocated by the
superintendent of public instruction to school districts for the
sole purpose of operating an approved bilingual instruction
program. [2009 c 548 § 705; 1995 c 335 § 601; 1990 c 33 §
167; 1979 c 95 § 6. Formerly RCW 28A.58.810.]
28A.180.080
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Additional notes found at www.leg.wa.gov
28A.180.090 Evaluation system—Report to the legislature. The superintendent of public instruction shall
develop an evaluation system designed to measure increases
in the English and academic proficiency of eligible pupils.
When developing the system, the superintendent shall:
(1) Require school districts to assess potentially eligible
pupils within ten days of registration using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments
shall be made available to both the superintendent of public
instruction and the school district;
(2) Require school districts to annually assess all eligible
pupils at the end of the school year using an English profi28A.180.090
[Title 28A RCW—page 47]
28A.180.100
Title 28A RCW: Common School Provisions
ciency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments
shall be made available to both the superintendent of public
instruction and the school district;
(3) Develop a system to evaluate increases in the English
and academic proficiency of students who are, or were, eligible pupils. This evaluation shall include students when they
are in the program and after they exit the program until they
finish their K-12 career or transfer from the school district.
The purpose of the evaluation system is to inform schools,
school districts, parents, and the state of the effectiveness of
the transitional bilingual programs in school and school districts in teaching these students English and other content
areas, such as mathematics and writing; and
(4) Report to the education and fiscal committees of the
legislature by November 1, 2002, regarding the development
of the systems described in this section and a timeline for the
full implementation of those systems. The legislature shall
approve and provide funding for the evaluation system in
subsection (3) of this section before any implementation of
the system developed under subsection (3) of this section
may occur. [2001 1st sp.s. c 6 § 2.]
ter, the superintendent of public instruction shall carry out a
program for highly capable students. Such program may
include conducting, coordinating and aiding in research
(including pilot programs), disseminating information to
local school districts, providing statewide staff development,
and allocating to school districts supplementary funds for
additional costs of district programs, as provided by RCW
28A.185.020. [1984 c 278 § 12. Formerly RCW
28A.16.040.]
28A.180.100 Continuing education plan for older
students. The office of the superintendent of public instruction and the state board for community and technical colleges
shall jointly develop a program plan to provide a continuing
education option for students who are eligible for the state
transitional bilingual instruction program and who need more
time to develop language proficiency but who are more ageappropriately suited for a postsecondary learning environment than for a high school. In developing the plan, the
superintendent of public instruction shall consider options to
formally recognize the accomplishments of students in the
state transitional bilingual instruction program who have
completed the twelfth grade but have not earned a certificate
of academic achievement. By December 1, 2004, the agencies shall report to the legislative education and fiscal committees with any recommendations for legislative action and
any resources necessary to implement the plan. [2004 c 19 §
105.]
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
28A.180.100
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
Chapter 28A.185
Chapter 28A.185 RCW
HIGHLY CAPABLE STUDENTS
Sections
28A.185.010 Program—Duties of superintendent of public instruction.
28A.185.020 Funding.
28A.185.030 Programs—Authority of local school districts—Selection of
students.
28A.185.040 Contracts with University of Washington for education of
highly capable students at early entrance program or transition school—Allocation of funds—Rules.
28A.185.050 Program review and monitoring—Reports to the legislature—Rules.
28A.185.010 Program—Duties of superintendent of
public instruction. (Effective until September 1, 2011.)
Pursuant to rules and regulations adopted by the superintendent of public instruction for the administration of this chap28A.185.010
[Title 28A RCW—page 48]
Additional notes found at www.leg.wa.gov
28A.185.010 Program—Duties of superintendent of
public instruction. (Effective September 1, 2011.) Pursuant
to rules adopted by the superintendent of public instruction
for the administration of this chapter, the superintendent of
public instruction shall carry out a program for highly capable students. Such program may include conducting, coordinating and aiding in research (including pilot programs), disseminating information to local school districts, providing
statewide staff development, and allocating to school districts
supplementary funds for additional costs of district programs,
as provided by RCW 28A.150.260. [2009 c 548 § 707; 1984
c 278 § 12. Formerly RCW 28A.16.040.]
28A.185.010
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Additional notes found at www.leg.wa.gov
28A.185.020 Funding. (Effective until September 1,
2011.) Supplementary funds as may be provided by the state
for this program, in accordance with RCW 28A.150.370,
shall be categorical funding on an excess cost basis based
upon a per student amount not to exceed three percent of any
district’s full-time equivalent enrollment. [1990 c 33 § 168;
1984 c 278 § 14. Formerly RCW 28A.16.050.]
28A.185.020
Additional notes found at www.leg.wa.gov
28A.185.020 Funding. (Effective September 1, 2011.)
(1) The legislature finds that, for highly capable students,
access to accelerated learning and enhanced instruction is
access to a basic education. There are multiple definitions of
highly capable, from intellectual to academic to artistic. The
research literature strongly supports using multiple criteria to
identify highly capable students, and therefore, the legislature
does not intend to prescribe a single method. Instead, the legislature intends to allocate funding based on two and three
hundred fourteen one-thousandths percent of each school district’s population and authorize school districts to identify
through the use of multiple, objective criteria those students
most highly capable and eligible to receive accelerated learning and enhanced instruction in the program offered by the
district. Access to accelerated learning and enhanced instruction through the program for highly capable students does not
constitute an individual entitlement for any particular student.
(2) Supplementary funds provided by the state for the
program for highly capable students under RCW
28A.150.260 shall be categorical funding to provide services
28A.185.020
(2010 Ed.)
Highly Capable Students
to highly capable students as determined by a school district
under RCW 28A.185.030. [2009 c 548 § 708; 1990 c 33 §
168; 1984 c 278 § 14. Formerly RCW 28A.16.050.]
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Additional notes found at www.leg.wa.gov
28A.185.030 Programs—Authority of local school
districts—Selection of students. Local school districts may
establish and operate, either separately or jointly, programs
for highly capable students. Such authority shall include the
right to employ and pay special instructors and to operate
such programs jointly with a public institution of higher education. Local school districts which establish and operate
programs for highly capable students shall adopt identification procedures and provide educational opportunities as follows:
(1) In accordance with rules adopted by the superintendent of public instruction, school districts shall implement
procedures for nomination, assessment and selection of their
most highly capable students. Nominations shall be based
upon data from teachers, other staff, parents, students, and
members of the community. Assessment shall be based upon
a review of each student’s capability as shown by multiple
criteria intended to reveal, from a wide variety of sources and
data, each student’s unique needs and capabilities. Selection
shall be made by a broadly based committee of professionals,
after consideration of the results of the multiple criteria
assessment.
(2) When a student, who is a child of a military family in
transition, has been assessed or enrolled as highly capable by
a sending school, the receiving school shall initially honor
placement of the student into a like program.
(a) The receiving school shall determine whether the district’s program is a like program when compared to the sending school’s program; and
(b) The receiving school may conduct subsequent
assessments to determine appropriate placement and continued enrollment in the program.
(3) Students selected pursuant to procedures outlined in
this section shall be provided, to the extent feasible, an educational opportunity which takes into account each student’s
unique needs and capabilities and the limits of the resources
and program options available to the district, including those
options which can be developed or provided by using funds
allocated by the superintendent of public instruction for that
purpose.
(4) The definitions in Article II of RCW 28A.705.010
apply to subsection (2) of this section. [2009 c 380 § 4; 1984
c 278 § 13. Formerly RCW 28A.16.060.]
28A.185.030
Additional notes found at www.leg.wa.gov
28A.185.040 Contracts with University of Washington for education of highly capable students at early
entrance program or transition school—Allocation of
funds—Rules. (1) The superintendent of public instruction
shall contract with the University of Washington for the edu28A.185.040
(2010 Ed.)
28A.185.050
cation of highly capable students below eighteen years of age
who are admitted or enrolled at such early entrance program
or transition school as are now or hereafter established and
maintained by the University of Washington.
(2) The superintendent of public instruction shall allocate directly to the University of Washington all of the state
basic education allocation moneys, state categorical moneys
excepting categorical moneys provided for the highly capable
students program under RCW 28A.185.010 through
28A.185.030, and federal moneys generated by a student
while attending an early entrance program or transition
school at the University of Washington. The allocations shall
be according to each student’s school district of residence.
The expenditure of such moneys shall be limited to selection
of students, precollege instruction, special advising, and
related activities necessary for the support of students while
attending a transition school or early entrance program at the
University of Washington. Such allocations may be supplemented with such additional payments by other parties as
necessary to cover the actual and full costs of such instruction
and other activities.
(3) The provisions of subsections (1) and (2) of this section shall apply during the first three years a student is attending a transition school or early entrance program at the University of Washington or through the academic school year in
which the student turns eighteen, whichever occurs first. No
more than thirty students shall be admitted and enrolled in the
transition school at the University of Washington in any one
year.
(4) The superintendent of public instruction shall adopt
or amend rules pursuant to chapter 34.05 RCW implementing
subsection (2) of this section before August 31, 1989. [1990
c 33 § 169; 1989 c 233 § 9; 1987 c 518 § 222. Formerly RCW
28A.58.217.]
Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Additional notes found at www.leg.wa.gov
28A.185.050
28A.185.050 Program review and monitoring—
Reports to the legislature—Rules. In order to ensure that
school districts are meeting the requirements of an approved
program for highly capable students, the superintendent of
public instruction shall monitor highly capable programs at
least once every five years. Monitoring shall begin during the
2002-03 school year.
Any program review and monitoring under this section
may be conducted concurrently with other program reviews
and monitoring conducted by the office of the superintendent
of public instruction. In its review, the office shall monitor
program components that include but need not be limited to
the process used by the district to identify and reach out to
highly capable students with diverse talents and from diverse
backgrounds, assessment data and other indicators to determine how well the district is meeting the academic needs of
highly capable students, and district expenditures used to
enrich or expand opportunities for these students.
Beginning June 30, 2003, and every five years thereafter,
the office of the superintendent of public instruction shall
submit a report to the education committees of the house of
representatives and the senate that provides a brief descrip[Title 28A RCW—page 49]
Chapter 28A.190
Title 28A RCW: Common School Provisions
tion of the various instructional programs offered to highly
capable students.
The superintendent of public instruction may adopt rules
under chapter 34.05 RCW to implement this section. [2002 c
234 § 1.]
Chapter 28A.190 RCW
RESIDENTIAL EDUCATION PROGRAMS
Chapter 28A.190
ment of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts
or for the care and treatment of persons who are exceptional
in their needs by reason of mental and/or physical deficiency:
PROVIDED, That the term shall not include the state schools
for the deaf and blind or adult correctional institutions. [1990
c 33 § 1 7 1; 1 9 79 e x. s. c 2 17 § 1 . Fo rm e r ly R CW
28A.58.770.]
Additional notes found at www.leg.wa.gov
Sections
28A.190.030 Educational programs for residential
school residents—School district to conduct—Scope of
duties and authority. Each school district within which
there is located a residential school shall, singly or in concert
with another school district pursuant to RCW 28A.335.160
and 28A.225.250 or pursuant to chapter 39.34 RCW, conduct
a program of education, including related student activities,
for residents of the residential school. Except as otherwise
provided for by contract pursuant to RCW 28A.190.050, the
duties and authority of a school district and its employees to
conduct such a program shall be limited to the following:
(1) The employment, supervision and control of administrators, teachers, specialized personnel and other persons,
deemed necessary by the school district for the conduct of the
program of education;
(2) The purchase, lease or rental and provision of textbooks, maps, audio-visual equipment, paper, writing instruments, physical education equipment and other instructional
equipment, materials and supplies, deemed necessary by the
school district for the conduct of the program of education;
(3) The development and implementation, in consultation with the superintendent or chief administrator of the residential school or his or her designee, of the curriculum;
(4) The conduct of a program of education, including
related student activities, for residents who are three years of
age and less than twenty-one years of age, and have not met
high school graduation requirements as now or hereafter
established by the state board of education and the school district which includes:
(a) Not less than one hundred and eighty school days
each school year;
(b) Special education pursuant to RCW 28A.155.010
through 28A.155.100, and vocational education, as necessary
to address the unique needs and limitations of residents; and
(c) Such courses of instruction and school related student
activities as are provided by the school district for nonresidential school students to the extent it is practical and judged
appropriate for the residents by the school district after consultation with the superintendent or chief administrator of the
residential school: PROVIDED, That a preschool special
education program may be provided for residential school
students with disabilities;
(5) The control of students while participating in a program of education conducted pursuant to this section and the
discipline, suspension or expulsion of students for violation
of reasonable rules of conduct adopted by the school district;
and
(6) The expenditure of funds for the direct and indirect
costs of maintaining and operating the program of education
that are appropriated by the legislature and allocated by the
28A.190.030
28A.190.010 Educational program for juveniles in detention facilities.
28A.190.020 Educational programs for residential school residents—"Residential school" defined.
28A.190.030 Educational programs for residential school residents—
School district to conduct—Scope of duties and authority.
28A.190.040 Educational programs for residential school residents—
Duties and authority of DSHS and residential school
superintendent.
28A.190.050 Educational programs for residential school residents—Contracts between school district and DSHS—Scope.
28A.190.060 Educational programs for residential school residents—
DSHS to give notice when need for reduction of staff—
Liability upon failure.
28A.190.010 Educational program for juveniles in
detention facilities. A program of education shall be provided for by the department of social and health services and
the several school districts of the state for common school
age persons who have been admitted to facilities staffed and
maintained or contracted pursuant to RCW 13.40.320 by the
department of social and health services for the education and
treatment of juveniles who have been diverted or who have
been found to have committed a juvenile offense. The division of duties, authority, and liabilities of the department of
social and health services and the several school districts of
the state respecting the educational programs shall be the
same in all respects as set forth in RCW 28A.190.030 through
28A.190.060 respecting programs of education for state residential school residents. For the purposes of this section, the
term "residential school" or "schools" as used in RCW
28A.190.030 through 28A.190.060 shall be construed to
mean a facility staffed and maintained by the department of
social and health services or a program established under
RCW 13.40.320, for the education and treatment of juvenile
offenders on probation or parole. Nothing in this section shall
prohibit a school district from utilizing the services of an educational service district subject to RCW 28A.310.180. [1996
c 84 § 1; 1990 c 33 § 170; 1983 c 98 § 3. Formerly RCW
28A.58.765.]
28A.190.010
Juvenile facilities, educational programs: RCW 13.04.145.
28A.190.020 Educational programs for residential
school residents—"Residential school" defined. The term
"residential school" as used in RCW 28A.190.020 through
28A.190.060, 72.01.200, 72.05.010 and 72.05.130, each as
now or hereafter amended, shall mean Green Hill school,
Maple Lane school, Naselle Youth Camp, Cedar Creek
Youth Camp, Mission Creek Youth Camp, Echo Glen, Lakeland Village, Rainier school, Yakima Valley school, Interlake school, Fircrest school, Francis Haddon Morgan Center,
the Child Study and Treatment Center and Secondary School
of Western State Hospital, and such other schools, camps,
and centers as are now or hereafter established by the depart28A.190.020
[Title 28A RCW—page 50]
(2010 Ed.)
Education Programs for Juvenile Inmates
superintendent of public instruction for the exclusive purpose
of maintaining and operating residential school programs of
education, and funds from federal and private grants,
bequests and gifts made for the purpose of maintaining and
operating the program of education. [1995 c 77 § 19; 1990 c
33 § 172; 1985 c 341 § 13; 1984 c 160 § 3; 1979 ex.s. c 217
§ 2. Formerly RCW 28A.58.772.]
Additional notes found at www.leg.wa.gov
28A.193.005
vices and its agents pursuant to RCW 28A.190.040: PROVIDED, That funds identified in RCW 28A.190.030(6)
and/or funds provided by the department of social and health
services are available to fully pay the direct and indirect costs
of such additional duties and the district is otherwise authorized by law to perform such duties in connection with the
maintenance and operation of a school district. [1990 c 33 §
174; 1979 ex.s. c 217 § 4. Formerly RCW 28A.58.776.]
Additional notes found at www.leg.wa.gov
28A.190.040 Educational programs for residential
school residents—Duties and authority of DSHS and residential school superintendent. The duties and authority of
the department of social and health services and of each
superintendent or chief administrator of a residential school
to support each program of education conducted by a school
district pursuant to RCW 28A.190.030, shall include the following:
(1) The provision of transportation for residential school
students to and from the sites of the program of education
through the purchase, lease or rental of school buses and
other vehicles as necessary;
(2) The provision of safe and healthy building and playground space for the conduct of the program of education
through the construction, purchase, lease or rental of such
space as necessary;
(3) The provision of furniture, vocational instruction
machines and tools, building and playground fixtures, and
other equipment and fixtures for the conduct of the program
of education through construction, purchase, lease or rental
as necessary;
(4) The provision of heat, lights, telephones, janitorial
services, repair services, and other support services for the
vehicles, building and playground spaces, equipment and fixtures provided for in this section;
(5) The employment, supervision and control of persons
to transport students and to maintain the vehicles, building
and playground spaces, equipment and fixtures, provided for
in this section;
(6) Clinical and medical evaluation services necessary to
a determination by the school district of the educational
needs of residential school students; and
(7) Such other support services and facilities as are reasonably necessary for the conduct of the program of education. [1990 c 33 § 173; 1979 ex.s. c 217 § 3. Formerly RCW
28A.58.774.]
28A.190.040
Additional notes found at www.leg.wa.gov
28A.190.050 Educational programs for residential
school residents—Contracts between school district and
DSHS—Scope. Each school district required to conduct a
program of education pursuant to RCW 28A.190.030, and the
department of social and health services shall hereafter negotiate and execute a written contract for each school year or
such longer period as may be agreed to which delineates the
manner in which their respective duties and authority will be
cooperatively performed and exercised, and any disputes and
grievances resolved. Any such contract may provide for the
performance of duties by a school district in addition to those
set forth in RCW 28A.190.030 (1) through (5), including
duties imposed upon the department of social and health ser28A.190.050
(2010 Ed.)
28A.190.060 Educational programs for residential
school residents—DSHS to give notice when need for
reduction of staff—Liability upon failure. The department
of social and health services shall provide written notice on or
before April 15th of each school year to the superintendent of
each school district conducting a program of education pursuant to RCW 28A.190.030 through 28A.190.050 of any
foreseeable residential school closure, reduction in the number of residents, or any other cause for a reduction in the
school district’s staff for the next school year. In the event the
department of social and health services fails to provide
notice as prescribed by this section, the department shall be
liable and responsible for the payment of the salary and
employment related costs for the next school year of each
school district employee whose contract the school district
would have nonrenewed but for the failure of the department
to provide notice. [1990 c 33 § 175; 1979 ex.s. c 217 § 5. Formerly RCW 28A.58.778.]
28A.190.060
Additional notes found at www.leg.wa.gov
Chapter 28A.193
Chapter 28A.193 RCW
EDUCATION PROGRAMS FOR
JUVENILE INMATES
Sections
28A.193.005 Intent—Findings.
28A.193.010 Operation of program by school district or educational service district.
28A.193.020 Solicitation for education provider—Selection of provider—
Operation of program by educational service district.
28A.193.030 Duties and authority of education provider—Continuation in
program by students age eighteen.
28A.193.040 Education providers—Additional authority and limitations.
28A.193.050 Required support of education programs.
28A.193.060 Contract between education providers and department of corrections.
28A.193.070 Education site closures or reduction in services—Notice to
the superintendent of public instruction and education providers—Liability for failure to provide notice—Alternative dispute resolution.
28A.193.080 Allocation of money—Accountability requirements—Rules.
28A.193.900 Effective date—1998 c 244 §§ 1-9 and 11-15.
28A.193.901 Severability—1998 c 244.
28A.193.005 Intent—Findings. The legislature
intends to provide for the operation of education programs
for the department of corrections’ juvenile inmates. School
districts, educational service districts, or any combination
thereof should be the primary providers of the education programs. However, the legislature does not intend to preclude
community and technical colleges, four-year institutions of
higher education, or other qualified entities from contracting
to provide all or part of these education programs if no school
district or educational service district is willing to operate all
or part of the education programs.
28A.193.005
[Title 28A RCW—page 51]
28A.193.010
Title 28A RCW: Common School Provisions
The legislature finds that this chapter fully satisfies any
constitutional duty to provide education programs for juvenile inmates in adult correctional facilities. The legislature
further finds that biennial appropriations for education programs under this chapter amply provide for any constitutional
duty to educate juvenile inmates in adult correctional facilities. [1998 c 244 § 1.]
28A.193.010
28A.193.010 Operation of program by school district
or educational service district. Any school district or educational service district may operate all or any portion of an
education program for juveniles in accordance with this
chapter, notwithstanding the fact the services or benefits provided extend beyond the geographic boundaries of the school
district or educational service district providing the service.
[1998 c 244 § 2.]
28A.193.020
28A.193.020 Solicitation for education provider—
Selection of provider—Operation of program by educational service district. The superintendent of public instruction shall solicit an education provider for the department of
corrections’ juvenile inmates within sixty days as follows:
(1) The superintendent of public instruction shall notify
and solicit proposals from all interested and capable school
districts, educational service districts, institutions of higher
education, private contractors, or any combination thereof.
The notice shall describe the proposed education program’s
requirements and the appropriated amount. The selection of
an education provider shall be in the following order:
(a) The school district where there is an educational site
for juveniles in an adult correctional facility maintained by
the state department of corrections has first priority to operate
an education program for inmates at that site. The district
may elect to operate an education program by itself or with
another school district, educational service district, institution of higher education, private contractor, or any combination thereof. If the school district elects not to exercise its priority, it shall notify the superintendent of public instruction
within thirty calendar days of the day of solicitation.
(b) The educational service district where there is an
educational site for juveniles in an adult correctional facility
maintained by the state department of corrections has second
priority to operate an education program for inmates at that
site. The educational service district may elect to do so by
itself or with a school district, another educational service
district, institution of higher education, private contractor, or
any combination thereof. If the educational service district
elects not to exercise its priority, it shall notify the superintendent of public instruction within forty-five calendar days
of the day of solicitation.
(c) If neither the school district nor the educational service district chooses to operate an education program for
inmates as provided for in (a) and (b) of this subsection, the
superintendent of public instruction may contract with an
entity, including, but not limited to, school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof, within sixty calendar days of the day of solicitation. The selected entity may
operate an education program by itself or with another school
[Title 28A RCW—page 52]
district, educational service district, institution of higher education, or private contractor, or any combination thereof.
(2) If the superintendent of public instruction does not
contract with an interested entity within sixty days of the day
of solicitation, the educational service district where there is
an educational site for juveniles in an adult correctional facility maintained by the state department of corrections shall
begin operating the education program for inmates at the site
within ninety days from the day of solicitation in subsection
(1) of this section. [1998 c 244 § 3.]
28A.193.030
28A.193.030 Duties and authority of education provider—Continuation in program by students age eighteen. Except as otherwise provided for by contract under
RCW 28A.193.060, the duties and authority of a school district, educational service district, institution of higher education, or private contractor to provide for education programs
under this chapter are limited to the following:
(1) Employing, supervising, and controlling administrators, teachers, specialized personnel, and other persons necessary to conduct education programs, subject to security
clearance by the department of corrections;
(2) Purchasing, leasing, or renting and providing textbooks, maps, audiovisual equipment, paper, writing instruments, physical education equipment, and other instructional
equipment, materials, and supplies deemed necessary by the
provider of the education programs;
(3) Conducting education programs for inmates under
the age of eighteen in accordance with program standards
established by the superintendent of public instruction. The
education provider shall develop the curricula, instructional
methods, and educational objectives of the education programs, subject to applicable requirements of state and federal
law. The department of corrections shall establish behavior
standards that govern inmate participation in education programs, subject to applicable requirements of state and federal
law;
(4) Students age eighteen who have participated in an
education program governed by this chapter may continue in
the program with the permission of the department of corrections and the education provider, under the rules adopted by
the superintendent of public instruction. [1998 c 244 § 4.]
28A.193.040
28A.193.040 Education providers—Additional
authority and limitations. School districts and educational
service districts providing an education program to juvenile
inmates in an adult corrections [correctional] facility, notwithstanding that their geographical boundaries do not
include the facility, may:
(1) Award appropriate diplomas or certificates to
inmates who successfully complete graduation requirements;
(2) Spend only funds appropriated by the legislature and
allocated by the superintendent of public instruction for the
exclusive purpose of maintaining and operating education
programs under this chapter, including direct and indirect
costs of maintaining and operating the education programs,
and funds from federal and private grants, bequests, and gifts
made for that purpose. School districts may not expend
excess tax levy proceeds authorized for school district pur(2010 Ed.)
Education Programs for Juveniles in Adult Jails
poses to pay costs incurred under this chapter. [1998 c 244 §
5.]
28A.193.050 Required support of education programs. To support each education program under this chapter, the department of corrections and each superintendent or
chief administrator of a correction facility shall:
(1) Through construction, lease, or rental of space, provide necessary building and exercise spaces for the education
program that is secure, separate, and apart from space occupied by nonstudent inmates;
(2) Through construction, lease, or rental, provide vocational instruction machines; technology and supporting
equipment; tools, building, and exercise facilities; and other
equipment and fixtures deemed necessary by the department
of corrections to conduct the education program;
(3) Provide heat, lights, telephone, janitorial services,
repair services, and other support services for the building
and exercise spaces, equipment, and fixtures provided under
this section;
(4) Employ, supervise, and control security staff to safeguard agents of the education providers and inmates while
engaged in educational and related activities conducted under
this chapter;
(5) Provide clinical and medical evaluation services necessary for a determination by the education provider of the
educational needs of inmates; and
(6) Provide such other support services and facilities as
are reasonably necessary to conduct the education program.
[1998 c 244 § 6.]
28A.193.050
28A.193.060 Contract between education providers
and department of corrections. Each education provider
under this chapter and the department of corrections shall
negotiate and execute a written contract for each school year
or such longer period as may be agreed to that delineates the
manner in which their respective duties and authority will be
cooperatively performed and exercised, and any disputes and
grievances resolved through mediation, and if necessary,
arbitration. Any such contract may provide for the performance of duties by an education provider in addition to those
set forth in this chapter, including duties imposed upon the
department of corrections and its agents under RCW
28A.193.050 if supplemental funding provided by the department of corrections is available to fully pay the direct and
indirect costs of these additional duties. [1998 c 244 § 7.]
28A.193.060
28A.193.070 Education site closures or reduction in
services—Notice to the superintendent of public instruction and education providers—Liability for failure to
provide notice—Alternative dispute resolution. By April
15th of each school year, the department of corrections shall
provide written notice to the superintendent of public instruction and education providers operating programs under this
chapter of any reasonably foreseeable education site closures,
reductions in the number of inmates or education services, or
any other cause for a reduction in certificated or classified
staff the next school year. In the event the department of corrections fails to provide notice as required by this section, the
department is liable and responsible for the payment of the
28A.193.070
(2010 Ed.)
28A.194.005
salary and employment-related costs for the next school year
of each employee whose contract would or could have been
nonrenewed but for the failure of the department to provide
notice. Disputes arising under this section shall be resolved in
accordance with the alternative dispute resolution method or
methods specified in the contract required by RCW
28A.193.060. [1998 c 244 § 8.]
28A.193.080 Allocation of money—Accountability
requirements—Rules. The superintendent of public
instruction shall:
(1) Allocate money appropriated by the legislature to
administer and provide education programs under this chapter to school districts, educational service districts, and other
education providers selected under RCW 28A.193.020 that
have assumed the primary responsibility to administer and
provide education programs under this chapter. The allocation of moneys to any private contractor is contingent upon
and must be in accordance with a contract between the private contractor and the department of corrections; and
(2) Adopt rules in accordance with chapter 34.05 RCW
that establish reporting, program compliance, audit, and such
other accountability requirements as are reasonably necessary to implement this chapter and related provisions of the
biennial operating act effectively. [1998 c 244 § 9.]
28A.193.080
28A.193.900 Effective date—1998 c 244 §§ 1-9 and
11-15. Sections 1 through 9 and 11 through 15 of this act are
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and take effect immediately
[March 30, 1998]. [1998 c 244 § 17.]
28A.193.900
28A.193.901 Severability—1998 c 244. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1998 c 244 § 19.]
28A.193.901
Chapter 28A.194 RCW
EDUCATION PROGRAMS FOR JUVENILES
IN ADULT JAILS
Chapter 28A.194
Sections
28A.194.005
28A.194.010
28A.194.020
28A.194.030
28A.194.040
28A.194.050
28A.194.060
28A.194.070
Intent—Findings.
Education programs for juveniles in adult jails.
Definition.
Duties and authority of education provider.
School districts—Additional authority and limitation.
Duties of jail facility superintendent or chief administrator.
Contract between education providers and adult jail facilities.
Instructional service plans—Notice of closure of facility or
unavailability of facility for juveniles.
28A.194.080 Allocation of money—Accountability requirements—Rules.
28A.194.900 Severability—2010 c 226.
28A.194.005 Intent—Findings. The legislature
intends to provide for the operation of education programs
for juvenile inmates incarcerated in adult jails.
The legislature finds that this chapter fully satisfies any
constitutional duty to provide education programs for juvenile inmates in adult jails. The legislature further finds that
biennial appropriations for education programs under this
28A.194.005
[Title 28A RCW—page 53]
28A.194.010
Title 28A RCW: Common School Provisions
chapter amply provide for any constitutional duty to educate
juvenile inmates in adult jails. [2010 c 226 § 1.]
28A.194.010
28A.194.010 Education programs for juveniles in
adult jails. A program of education shall be made available
for juvenile inmates by adult jail facilities and the several
school districts of the state for persons under the age of eighteen years who have been incarcerated in any adult jail facilities operated under the authority of chapter 70.48 RCW.
Each school district within which there is located an adult jail
facility shall, singly or in concert with another school district
pursuant to RCW 28A.335.160 and 28A.225.250 or chapter
39.34 RCW, conduct a program of education, including
related student activities for inmates in adult jail facilities.
School districts are not precluded from contracting with educational service districts, community and technical colleges,
four-year institutions of higher education, or other qualified
entities to provide all or part of these education programs.
The division of duties, authority, and liabilities of the adult
jail facilities and the several school districts of the state
respecting the educational programs shall be as provided for
in this chapter with regard to programs for juveniles in adult
jail facilities. [2010 c 226 § 2.]
28A.194.020
28A.194.020 Definition. As used in this chapter, "adult
jail facility" means an adult jail operated under the authority
of chapter 70.48 RCW. [2010 c 226 § 3.]
28A.194.030
28A.194.030 Duties and authority of education provider. (1) Except as otherwise provided for by contract
under RCW 28A.194.060, the duties and authority of a
school district, educational service district, institution of
higher education, or private contractor to provide for education programs under this chapter include:
(a) Employing, supervising, and controlling administrators, teachers, specialized personnel, and other persons necessary to conduct education programs, subject to security
clearance by the adult jail facilities;
(b) Purchasing, leasing, renting, or providing textbooks,
maps, audiovisual equipment paper, writing instruments,
physical education equipment, and other instructional equipment, materials, and supplies deemed necessary by the provider of the education programs;
(c) Conducting education programs for inmates under
the age of eighteen in accordance with program standards
established by the superintendent of public instruction;
(d) Expending funds for the direct and indirect costs of
maintaining and operating the program of education that are
appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of
maintaining and operating education programs for juvenile
inmates incarcerated in adult jail facilities, in addition to
funds from federal and private grants, and bequests, and gifts
made for the purpose of maintaining and operating the program of education; and
(e) Providing educational services to juvenile inmates
within five school days of receiving notification from an
adult jail facility within the district’s boundaries that an individual under the age of eighteen has been incarcerated.
[Title 28A RCW—page 54]
(2) The school district, educational service district, institution of higher education, or private contractor shall develop
the curricula, instruction methods, and educational objectives
of the education programs, subject to applicable requirements
of state and federal law. For inmates who are under the age
of eighteen when they commence the program and who have
not met high school graduation requirements, such courses of
instruction and school-related student activities as are provided by the school district for students outside of adult jail
facilities shall be provided by the school district for students
in adult jail facilities, to the extent that it is practical and
judged appropriate by the school district and the administrator of the adult jail facility. [2010 c 226 § 4.]
28A.194.040 School districts—Additional authority
and limitation. School districts providing an education program to juvenile inmates in an adult jail facility may:
(1) Award appropriate diplomas or certificates to juvenile inmates who successfully complete graduation requirements;
(2) Allow students eighteen years of age who have participated in an education program under this chapter to continue in the program, under rules adopted by the superintendent of public instruction; and
(3) Spend only funds appropriated by the legislature and
allocated by the superintendent of public instruction for the
exclusive purpose of maintaining and operating education
programs under this chapter, including direct and indirect
costs of maintaining and operating the education programs,
and funds from federal and private grants, bequests, and gifts
made for that purpose. School districts may not expend
excess tax levy proceeds authorized for school district purposes to pay costs incurred under this chapter. [2010 c 226 §
5.]
28A.194.040
28A.194.050 Duties of jail facility superintendent or
chief administrator. To support each education program
under this chapter, the adult jail facility and each superintendent or chief administrator of an adult jail facility shall:
(1) Provide necessary access to existing instructional and
exercise spaces for the education program that are safe and
secure;
(2) Provide equipment deemed necessary by the adult
jail facility to conduct the education program;
(3) Maintain a clean and appropriate classroom environment that is sufficient to meet the program requirements and
consistent with security conditions;
(4) Provide appropriate supervision of juvenile inmates
consistent with security conditions to safeguard agents of the
education providers and juvenile inmates while engaged in
educational and related activities conducted under this chapter;
(5) Provide such other support services and facilities
deemed necessary by the adult jail facilities to conduct the
education program;
(6) Provide the available medical and mental health
records necessary to a determination by the school district of
the educational needs of the juvenile inmate; and
(7) Notify the school district within which the adult jail
facility resides within five school days that an eligible juve28A.194.050
(2010 Ed.)
Private Schools
nile inmate has been incarcerated in the adult jail facility.
[2010 c 226 § 6.]
28A.194.060 Contract between education providers
and adult jail facilities. Each education provider under this
chapter and the adult jail facility shall negotiate and execute
a written contract for each school year, or such longer period
as may be agreed to, that delineates the manner in which their
respective duties and authority will be cooperatively performed and exercised, and any disputes and grievances
resolved through mediation, and if necessary, arbitration.
Any such contract may provide for the performance of duties
by an education provider in addition to those in this chapter,
including duties imposed upon the adult jail facility and its
agents under RCW 28A.194.050, if supplemental funding is
available to fully pay the direct and indirect costs of these
additional duties. [2010 c 226 § 7.]
28A.194.060
28A.194.070 Instructional service plans—Notice of
closure of facility or unavailability of facility for juveniles.
(1) By September 30, 2010, districts must, in coordination
with adult jail facilities residing within their boundaries, submit an instructional service plan to the office of the superintendent of public instruction. Service plans must meet
requirements stipulated in the rules developed in accordance
with RCW 28A.194.080, provided that (a) the rules shall not
govern requirements regarding security within the jail facility
nor the physical facility of the adult jail, including but not
limited to, the classroom space chosen for instruction, and (b)
any excess costs to the jails associated with implementing
rules shall be negotiated pursuant to the contractual agreements between the education provider and adult jail facility.
(2) Once districts have submitted a plan to the office of
the superintendent of public instruction, districts are not
required to resubmit their plans unless either districts or adult
jail facilities initiate a significant change to their plans.
(3) An adult jail facility shall notify the office of the
superintendent of public instruction as soon as practicable
upon the closure of any adult jail facility or upon the adoption
of a policy that no juvenile shall be held in the adult jail facility. [2010 c 226 § 8.]
28A.194.070
28A.194.080 Allocation of money—Accountability
requirements—Rules. The superintendent of public
instruction shall:
(1) Allocate money appropriated by the legislature to
administer and provide education programs under this chapter to school districts that have assumed the primary responsibility to administer and provide education programs under
this chapter or to the educational service district operating the
program under contract; and
(2) Adopt rules that apply to school districts and educational providers in accordance with chapter 34.05 RCW that
establish reporting, program compliance, audit, and such
other accountability requirements as are reasonably necessary to implement this chapter and related provisions of the
omnibus appropriations act effectively. In adopting the rules
pursuant to this subsection, the superintendent of public
instruction shall collaborate with representatives from the
Washington association of sheriffs and police chiefs and shall
28A.194.080
(2010 Ed.)
28A.195.010
attempt to negotiate rules that deliver the educational program in the most cost-effective manner while, to the extent
practicable, not imposing additional costs on local jail facilities. [2010 c 226 § 9.]
28A.194.900 Severability—2010 c 226. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [2010 c 226 § 11.]
28A.194.900
Chapter 28A.195
Chapter 28A.195 RCW
PRIVATE SCHOOLS
Sections
28A.195.010
28A.195.020
28A.195.030
28A.195.040
28A.195.050
28A.195.060
28A.195.070
28A.195.080
Private schools—Exemption from high school assessment
requirements—Extension programs for parents to
teach children in their custody.
Private schools—Rights recognized.
Private schools—Actions appealable under Administrative Procedure Act.
Private schools—Board rules for enforcement—Racial
segregation or discrimination prohibited.
Private school advisory committee.
Private schools must report attendance.
Official transcript withholding—Transmittal of information.
Record checks—Findings—Authority to require.
28A.195.010 Private schools—Exemption from high
school assessment requirements—Extension programs
for parents to teach children in their custody. The legislature hereby recognizes that private schools should be subject
only to those minimum state controls necessary to insure the
health and safety of all the students in the state and to insure
a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not
restrict or dictate any specific educational or other programs
for private schools except as hereinafter in this section provided.
Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the
minimum requirements hereinafter set forth are being met,
noting any deviations. After review of the statement, the
state superintendent will notify schools or school districts of
those deviations which must be corrected. In case of major
deviations, the school or school district may request and the
state board of education may grant provisional status for one
year in order that the school or school district may take action
to meet the requirements. The state board of education shall
not require private school students to meet the student learning goals, obtain a certificate of academic achievement, or a
certificate of individual achievement to graduate from high
school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.655.061.
However, private schools may choose, on a voluntary basis,
to have their students master these essential academic learning requirements, take the assessments, and obtain a certificate of academic achievement or a certificate of individual
achievement. Minimum requirements shall be as follows:
(1) The minimum school year for instructional purposes
shall consist of no less than one hundred eighty school days
28A.195.010
[Title 28A RCW—page 55]
28A.195.020
Title 28A RCW: Common School Provisions
or the equivalent in annual minimum instructional hour offerings, with a school-wide annual average total instructional
hour offering of one thousand hours for students enrolled in
grades one through twelve, and at least four hundred fifty
hours for students enrolled in kindergarten.
(2) The school day shall be the same as defined in RCW
28A.150.203.
(3) All classroom teachers shall hold appropriate Washington state certification except as follows:
(a) Teachers for religious courses or courses for which
no counterpart exists in public schools shall not be required to
obtain a state certificate to teach those courses.
(b) In exceptional cases, people of unusual competence
but without certification may teach students so long as a certified person exercises general supervision. Annual written
statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.
(4) An approved private school may operate an extension
program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:
(a) The parent, guardian, or custodian be under the
supervision of an employee of the approved private school
who is certified under chapter 28A.410 RCW;
(b) The planning by the certified person and the parent,
guardian, or person having legal custody include objectives
consistent with this subsection and subsections (1), (2), (5),
(6), and (7) of this section;
(c) The certified person spend a minimum average each
month of one contact hour per week with each student under
his or her supervision who is enrolled in the approved private
school extension program;
(d) Each student’s progress be evaluated by the certified
person; and
(e) The certified employee shall not supervise more than
thirty students enrolled in the approved private school’s
extension program.
(5) Appropriate measures shall be taken to safeguard all
permanent records against loss or damage.
(6) The physical facilities of the school or district shall
be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. A residential
dwelling of the parent, guardian, or custodian shall be
deemed to be an adequate physical facility when a parent,
guardian, or person having legal custody is instructing his or
her child under subsection (4) of this section.
(7) Private school curriculum shall include instruction of
the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing,
spelling, and the development of appreciation of art and
music, all in sufficient units for meeting state board of education graduation requirements.
(8) Each school or school district shall be required to
maintain up-to-date policy statements related to the administration and operation of the school or school district.
All decisions of policy, philosophy, selection of books,
teaching material, curriculum, except as in subsection (7) of
this section provided, school rules and administration, or
other matters not specifically referred to in this section, shall
[Title 28A RCW—page 56]
be the responsibility of the administration and administrators
of the particular private school involved. [2009 c 548 § 303;
2004 c 19 § 106; 1993 c 336 § 1101; (1992 c 141 § 505
repealed by 1993 c 336 § 1102); 1990 c 33 § 176. Prior:
1985 c 441 § 4; 1985 c 16 § 1; 1983 c 56 § 1; 1977 ex.s. c 359
§ 9; 1975 1st ex.s. c 275 § 71; 1974 ex.s. c 92 § 2. Formerly
RCW 28A.02.201.]
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Authorization for private school students to ride buses—Conditions: RCW
28A.160.020.
Basic Education Act, RCW 28A.195.010 as part of: RCW 28A.150.200.
Commencement exercises—Lip reading instruction—Joint purchasing,
including issuing interest bearing warrants—Budgets: RCW
28A.320.080.
Home-based instruction: RCW 28A.200.010.
Immunization program, private schools as affecting: RCW 28A.210.060
through 28A.210.170.
Part-time students—Defined—Enrollment in public schools authorized:
RCW 28A.150.350.
Real property—Sale—Notice and hearing—Appraisal—Broker or real
estate appraiser services—Real estate sales contracts—Limitation:
RCW 28A.335.120.
Surplus school property, rental, lease or use of—Authorized—Limitations:
RCW 28A.335.040.
Surplus texts and other educational aids, notice of availability—Student priority as to texts: RCW 28A.335.180.
Additional notes found at www.leg.wa.gov
28A.195.020 Private schools—Rights recognized.
The state recognizes the following rights of every private
school:
(1) To teach their religious beliefs and doctrines, if any;
to pray in class and in assemblies; to teach patriotism including requiring students to salute the flag of the United States if
that be the custom of the particular private school.
(2) To require that there shall be on file the written consent of parents or guardians of students prior to the administration of any psychological test or the conduct of any type of
group therapy. [1974 ex.s. c 92 § 3; 1971 ex.s. c 215 § 5. Formerly RCW 28A.02.220.]
28A.195.020
Additional notes found at www.leg.wa.gov
28A.195.030 Private schools—Actions appealable
under Administrative Procedure Act. Any private school
may appeal the actions of the state superintendent of public
instruction or state board of education as provided in chapter
34.05 RCW. [1974 ex.s. c 92 § 4; 1971 ex.s. c 215 § 6. Formerly RCW 28A.02.230.]
28A.195.030
28A.195.040 Private schools—Board rules for
enforcement—Racial segregation or discrimination prohibited. The state board of education shall promulgate rules
28A.195.040
(2010 Ed.)
Home-Based Instruction
and regulations for the enforcement of RCW 28A.195.010
through 28A.195.040, 28A.225.010, and 28A.305.130,
including a provision which denies approval to any school
engaging in a policy of racial segregation or discrimination.
[1990 c 33 § 177; 1983 c 3 § 29; 1974 ex.s. c 92 § 5; 1971
ex.s. c 215 § 7. Formerly RCW 28A.02.240.]
28A.195.050 Private school advisory committee. The
superintendent of public instruction is hereby directed to
appoint a private school advisory committee that is broadly
representative of educators, legislators, and various private
school groups in the state of Washington. [1984 c 40 § 1;
1974 ex.s. c 92 § 6. Formerly RCW 28A.02.250.]
28A.195.050
28A.200.010
cant has undergone a record check as authorized under this
section, additional record checks shall not be required unless
required by other provisions of law.
(2) The approved private school, the employee, or the
applicant shall pay the costs associated with the record check
authorized in this section.
(3) Applicants may be employed on a conditional basis
pending completion of the investigation. If the employee or
applicant has had a record check within the previous two
years, the approved private school or contractor may waive
any record check required by the approved private school
under subsection (1) of this section. [1999 c 187 § 1.]
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
Chapter 28A.200
28A.195.060 Private schools must report attendance.
It shall be the duty of the administrative or executive authority of every private school in this state to report to the educational service district superintendent on or before the thirtieth
day of June in each year, on a form to be furnished, such
information as may be required by the superintendent of public instruction, to make complete the records of education
work pertaining to all children residing within the state.
[1975 1st ex.s. c 275 § 70; 1969 ex.s. c 176 § 111; 1969 ex.s.
c 223 § 28A.48.055. Prior: 1933 c 28 § 14; 1913 c 158 § 1;
1909 c 97 p 313 § 6; RRS § 4876. Formerly RCW
28A.48.055, 28.48.055, 28.27.020.]
28A.195.060
Additional notes found at www.leg.wa.gov
28A.195.070 Official transcript withholding—Transmittal of information. If a student who previously attended
an approved private school enrolls in a public school but has
not paid tuition, fees, or fines at the approved private school,
the approved private school may withhold the student’s official transcript, but shall transmit information to the public
school about the student’s academic performance, special
placement, immunization records, and records of disciplinary
action. [1997 c 266 § 5.]
28A.195.070
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.195.080 Record checks—Findings—Authority
to require. (1) The legislature finds additional safeguards
are necessary to ensure safety of school children attending
private schools in the state of Washington. Private schools
approved under this chapter are authorized to require that
employees who have regularly scheduled unsupervised
access to children, whether current employees on May 5,
1999, or applicants for employment on or after May 5, 1999,
undergo a record check through the Washington state patrol
criminal identification system under RCW 43.43.830 through
43.43.838, 10.97.030, and 10.97.050 and through the federal
bureau of investigation. The record check shall include a fingerprint check using a complete Washington state criminal
identification fingerprint card. Employees or applicants for
employment who have completed a record check in accordance with RCW 28A.410.010 shall not be required to
undergo a record check under this section. The superintendent of public instruction shall provide a copy of the record
report to the employee or applicant. If an employee or appli28A.195.080
(2010 Ed.)
Chapter 28A.200 RCW
HOME-BASED INSTRUCTION
Sections
28A.200.010 Home-based instruction—Duties of parents—Exemption
from high school assessment requirements.
28A.200.020 Home-based instruction—Certain decisions responsibility of
parent unless otherwise specified.
28A.200.010 Home-based instruction—Duties of
parents—Exemption from high school assessment
requirements. (1) Each parent whose child is receiving
home-based instruction under RCW 28A.225.010(4) shall
have the duty to:
(a) File annually a signed declaration of intent that he or
she is planning to cause his or her child to receive homebased instruction. The statement shall include the name and
age of the child, shall specify whether a certificated person
will be supervising the instruction, and shall be written in a
format prescribed by the superintendent of public instruction.
Each parent shall file the statement by September 15th of the
school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent
resides or the district that accepts the transfer, and the student
shall be deemed a transfer student of the nonresident district.
Parents may apply for transfer under RCW 28A.225.220;
(b) Ensure that test scores or annual academic progress
assessments and immunization records, together with any
other records that are kept relating to the instructional and
educational activities provided, are forwarded to any other
public or private school to which the child transfers. At the
time of a transfer to a public school, the superintendent of the
local school district in which the child enrolls may require a
standardized achievement test to be administered and shall
have the authority to determine the appropriate grade and
course level placement of the child after consultation with
parents and review of the child’s records; and
(c) Ensure that a standardized achievement test approved
by the state board of education is administered annually to the
child by a qualified individual or that an annual assessment of
the student’s academic progress is written by a certificated
person who is currently working in the field of education.
The state board of education shall not require these children
to meet the student learning goals, master the essential academic learning requirements, to take the assessments, or to
obtain a certificate of academic achievement or a certificate
28A.200.010
[Title 28A RCW—page 57]
28A.200.020
Title 28A RCW: Common School Provisions
of individual achievement pursuant to RCW 28A.655.061
and 28A.155.045. The standardized test administered or the
annual academic progress assessment written shall be made a
part of the child’s permanent records. If, as a result of the
annual test or assessment, it is determined that the child is not
making reasonable progress consistent with his or her age or
stage of development, the parent shall make a good faith
effort to remedy any deficiency.
(2) Failure of a parent to comply with the duties in this
section shall be deemed a failure of such parent’s child to
attend school without valid justification under RCW
28A.225.020. Parents who do comply with the duties set
forth in this section shall be presumed to be providing homebased instruction as set forth in RCW 28A.225.010(4). [2004
c 19 § 107; 1995 c 52 § 1; 1993 c 336 § 1103; 1990 c 33 §
178; 1985 c 441 § 2. Formerly RCW 28A.27.310.]
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Part-time students—Defined—Enrollment in public schools authorized:
RCW 28A.150.350.
Private schools—Extension programs for parents to teach children in their
custody: RCW 28A.195.010.
Additional notes found at www.leg.wa.gov
28A.200.020 Home-based instruction—Certain decisions responsibility of parent unless otherwise specified.
The state hereby recognizes that parents who are causing
their children to receive home-based instruction under RCW
28A.225.010(4) shall be subject only to those minimum state
laws and regulations which are necessary to insure that a sufficient basic educational opportunity is provided to the children receiving such instruction. Therefore, all decisions relating to philosophy or doctrine, selection of books, teaching
materials and curriculum, and methods, timing, and place in
the provision or evaluation of home-based instruction shall
be the responsibility of the parent except for matters specifically referred to in this chapter. [1990 c 33 § 179; 1985 c 441
§ 3. Formerly RCW 28A.27.320.]
28A.200.020
Additional notes found at www.leg.wa.gov
Chapter 28A.205
Chapter 28A.205 RCW
EDUCATION CENTERS
(Formerly: Educational clinics)
Sections
28A.205.010
28A.205.020
28A.205.030
28A.205.040
28A.205.050
28A.205.070
28A.205.080
28A.205.090
"Education center," "basic academic skills," defined—Certification as education center and withdrawal of certification.
Common school dropouts—Reimbursement.
Reentry of prior dropouts into common schools, rules—Eligibility for GED test.
Fees—Rules—Priority for payment—Review of records.
Rules.
Allocation of funds—Criteria—Duties of superintendent.
Legislative findings—Distribution of funds—Cooperation
with school districts.
Inclusion of education centers program in biennial budget
request—Quarterly plans—Funds—Payment.
28A.205.010 "Education center," "basic academic
skills," defined—Certification as education center and
28A.205.010
[Title 28A RCW—page 58]
withdrawal of certification. (1) As used in this chapter,
unless the context thereof shall clearly indicate to the contrary:
"Education center" means any private school operated on
a profit or nonprofit basis which does the following:
(a) Is devoted to the teaching of basic academic skills,
including specific attention to improvement of student motivation for achieving, and employment orientation.
(b) Operates on a clinical, client centered basis. This
shall include, but not be limited to, performing diagnosis of
individual educational abilities, determination and setting of
individual goals, prescribing and providing individual
courses of instruction therefor, and evaluation of each individual client’s progress in his or her educational program.
(c) Conducts courses of instruction by professionally
trained personnel certificated by the Washington professional
educator standards board according to rules adopted for the
purposes of this chapter and providing, for certification purposes, that a year’s teaching experience in an education center shall be deemed equal to a year’s teaching experience in a
common or private school.
(2) For purposes of this chapter, basic academic skills
shall include the study of mathematics, speech, language,
reading and composition, science, history, literature and
political science or civics; it shall not include courses of a
vocational training nature and shall not include courses
deemed nonessential to the accrediting or the approval of private schools under RCW 28A.305.130.
(3) The superintendent of public instruction shall certify
an education center only upon application and (a) determination that such school comes within the definition thereof as
set forth in subsection (1) of this section and (b) demonstration on the basis of actual educational performance of such
applicants’ students which shows after consideration of their
students’ backgrounds, educational gains that are a direct
result of the applicants’ educational program. Such certification may be withdrawn if the superintendent finds that a center fails to provide adequate instruction in basic academic
skills. No education center certified by the superintendent of
public instruction pursuant to this section shall be deemed a
common school under RCW 28A.150.020 or a private school
for the purposes of RCW 28A.195.010 through 28A.195.050.
[2006 c 263 § 408; 2005 c 497 § 214; 1999 c 348 § 2; 1993 c
211 § 1; 1990 c 33 § 180; 1983 c 3 § 38; 1977 ex.s. c 341 § 1.
Formerly RCW 28A.97.010.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Intent—1999 c 348: "During 1997 and 1998, a committee of the state
board of education reviewed all board rules and related authorizing statutes.
Based on the findings and recommendations resulting from the review, the
state board prepared a report to the legislature requesting action be taken. It
is the intent of this act to implement recommendations of the state board of
education." [1999 c 348 § 1.]
Additional notes found at www.leg.wa.gov
28A.205.020 Common school dropouts—Reimbursement. Only eligible common school dropouts shall be
enrolled in a certified education center for reimbursement by
the superintendent of public instruction as provided in RCW
28A.205.040. A person is not an eligible common school
28A.205.020
(2010 Ed.)
Education Centers
dropout if: (1) The person has completed high school, (2) the
person has not reached his or her twelfth birthday or has
passed his or her twentieth birthday, (3) the person shows
proficiency beyond the high school level in a test approved
by the state board of education to be given as part of the initial diagnostic procedure, or (4) less than one month has
passed after the person has dropped out of any common
school and the education center has not received written verification from a school official of the common school last
attended in this state that the person is no longer in attendance
at the school. A person is an eligible common school dropout
even if one month has not passed since the person dropped
out if the board of directors or its designee, of that common
school, requests the center to admit the person because the
person has dropped out or because the person is unable to
attend a particular common school because of disciplinary
reasons, including suspension and/or expulsion. The fact that
any person may be subject to RCW 28A.225.010 through
28A.225.140, 28A.200.010, and 28A.200.020 shall not affect
his or her qualifications as an eligible common school dropout under this chapter. [1999 c 348 § 3; 1997 c 265 § 7; 1993
c 211 § 2; 1990 c 33 § 181; 1979 ex.s. c 174 § 1; 1977 ex.s. c
341 § 2. Formerly RCW 28A.97.020.]
Intent—1999 c 348: See note following RCW 28A.205.010.
Additional notes found at www.leg.wa.gov
28A.205.030 Reentry of prior dropouts into common
schools, rules—Eligibility for GED test. The superintendent of public instruction shall adopt, by rules, policies and
procedures to permit a prior common school dropout to reenter at the grade level appropriate to such individual’s ability:
PROVIDED, That such individual shall be placed with the
class he or she would be in had he or she not dropped out and
graduate with that class, if the student’s ability so permits
notwithstanding any loss of credits prior to reentry and if
such student earns credits at the normal rate subsequent to
reentry.
Notwithstanding any other provision of law, any certified education center student sixteen years of age or older,
upon completion of an individual student program, shall be
eligible to take the general educational development test as
given throughout the state. [1993 c 218 § 2; 1993 c 211 § 3;
1990 c 33 § 182; 1977 ex.s. c 341 § 3. Formerly RCW
28A.97.030.]
28A.205.030
Reviser’s note: This section was amended by 1993 c 211 § 3 and by
1993 c 218 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
28A.205.040 Fees—Rules—Priority for payment—
Review of records. (1)(a) From funds appropriated for that
purpose, the superintendent of public instruction shall pay
fees to a certified center on a monthly basis for each student
enrolled in compliance with RCW 28A.205.020. The superintendent shall set fees by rule.
(b) Revisions in such fees proposed by an education center shall become effective after thirty days notice unless the
superintendent finds such a revision is unreasonable in which
case the revision shall not take effect. The administration of
28A.205.040
(2010 Ed.)
28A.205.070
any general education development test shall not be a part of
such initial diagnostic procedure.
(c) Reimbursements shall not be made for students who
are absent.
(d) No center shall make any charge to any student, or
the student’s parent, guardian or custodian, for whom a fee is
being received under the provisions of this section.
(2) Payments shall be made from available funds first to
those centers that have in the judgment of the superintendent
demonstrated superior performance based upon consideration of students’ educational gains taking into account such
students’ backgrounds, and upon consideration of cost effectiveness. In considering the cost effectiveness of nonprofit
centers the superintendent shall take into account not only
payments made under this section but also factors such as tax
exemptions, direct and indirect subsidies or any other cost to
taxpayers at any level of government which result from such
nonprofit status.
(3) To be eligible for such payment, every such center,
without prior notice, shall permit a review of its accounting
records by personnel of the state auditor during normal business hours.
(4) If total funds for this purpose approach depletion, the
superintendent shall notify the centers of the date after which
further funds for reimbursement of the centers’ services will
be exhausted. [2006 c 263 § 412; 1999 c 348 § 4; 1990 c 33
§ 183; 1979 ex.s. c 174 § 2; 1977 ex.s. c 341 § 4. Formerly
RCW 28A.97.040.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Intent—1999 c 348: See note following RCW 28A.205.010.
Additional notes found at www.leg.wa.gov
28A.205.050 Rules. In accordance with chapter 34.05
RCW, the administrative procedure act, the Washington professional educator standards board with respect to the matter
of certification, and the superintendent of public instruction
with respect to all other matters, shall have the power and
duty to make the necessary rules to carry out the purpose and
intent of this chapter. [2005 c 497 § 215; 1995 c 335 § 201;
1993 c 211 § 4; 1990 c 33 § 184; 1977 ex.s. c 341 § 5. Formerly RCW 28A.97.050.]
28A.205.050
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Additional notes found at www.leg.wa.gov
28A.205.070 Allocation of funds—Criteria—Duties
of superintendent. In allocating funds appropriated for education centers, the superintendent of public instruction shall:
(1) Place priority upon stability and adequacy of funding
for education centers that have demonstrated superior performance as defined in RCW 28A.205.040(2).
(2) Initiate and maintain a competitive review process to
select new or expanded center programs in unserved or
underserved areas. The criteria for review of competitive
proposals for new or expanded education center services
shall include but not be limited to:
(a) The proposing organization shall have obtained certification from the superintendent of public instruction as provided in RCW 28A.205.010;
(b) The cost-effectiveness of the proposal; and
28A.205.070
[Title 28A RCW—page 59]
28A.205.080
Title 28A RCW: Common School Provisions
(c) The availability of committed nonstate funds to support, enrich, or otherwise enhance the basic program.
(3) In selecting areas for new or expanded education center programs, the superintendent of public instruction shall
consider factors including but not limited to:
(a) The proportion and total number of dropouts
unserved by existing center programs, if any;
(b) The availability within the geographic area of programs other than education centers which address the basic
educational needs of dropouts; and
(c) Waiting lists or other evidence of demand for
expanded education center programs.
(4) In the event of any curtailment of services resulting
from lowered legislative appropriations, the superintendent
of public instruction shall issue pro rata reductions to all centers funded at the time of the lowered appropriation. Individual centers may be exempted from such pro rata reductions if
the superintendent finds that such reductions would impair
the center’s ability to operate at minimally acceptable levels
of service. In the event of such exceptions, the superintendent shall determine an appropriate rate for reduction to permit the center to continue operation.
(5) In the event that an additional center or centers
become certified and apply to the superintendent for funds to
be allocated from a legislative appropriation which does not
increase from the immediately preceding biennium, or does
not increase sufficiently to allow such additional center or
centers to operate at minimally acceptable levels of service
without reducing the funds available to previously funded
centers, the superintendent shall not provide funding for such
additional center or centers from such appropriation. [2006 c
263 § 409; 1993 c 211 § 6; 1990 c 33 § 185; 1985 c 434 § 3.
Formerly RCW 28A.97.120.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Intent—1985 c 434: "It is the intent of this act to provide for an equitable distribution of funds appropriated for educational clinics, to stabilize
existing programs, and to provide a system for orderly expansion or
retrenchment in the event of future increases or reductions in program appropriations." [1985 c 434 § 1.]
28A.205.080 Legislative findings—Distribution of
funds—Cooperation with school districts. The legislature
recognizes that education centers provide a necessary and
effective service for students who have dropped out of common school programs. Education centers have demonstrated
success in preparing such youth for productive roles in society and are an integral part of the state’s program to address
the needs of students who have dropped out of school. The
superintendent of public instruction shall distribute funds,
consistent with legislative appropriations, allocated specifically for education centers in accord with chapter 28A.205
RCW. The legislature encourages school districts to explore
cooperation with education centers pursuant to RCW
28A.150.305. [1997 c 265 § 8; 1993 c 211 § 7; 1990 c 33 §
186; 1987 c 518 § 220. Formerly RCW 28A.97.125.]
28A.205.080
Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Additional notes found at www.leg.wa.gov
28A.205.090 Inclusion of education centers program
in biennial budget request—Quarterly plans—Funds—
28A.205.090
[Title 28A RCW—page 60]
Payment. The superintendent shall include the education
centers program in the biennial budget request. Contracts
between the superintendent of public instruction and the education centers shall include quarterly plans which provide for
relatively stable student enrollment but take into consideration anticipated seasonal variations in enrollment in the individual centers. Funds which are not expended by a center
during the quarter for which they were planned may be carried forward to subsequent quarters of the fiscal year. The
superintendent shall make payments to the centers on a
monthly basis pursuant to RCW 28A.205.040. [1993 c 211 §
8; 1990 c 33 § 187; 1985 c 434 § 4. Formerly RCW
28A.97.130.]
Intent—1985 c 434: See note following RCW 28A.205.070.
Chapter 28A.210 RCW
HEALTH—SCREENING AND REQUIREMENTS
Chapter 28A.210
Sections
28A.210.010 Contagious diseases, limiting contact—Rules.
28A.210.020 Visual and auditory screening of pupils—Rules and regulations.
28A.210.030 Visual and auditory screening of pupils—Record of screening—Forwarding of records, recommendations and data.
28A.210.040 Visual and auditory screening of pupils—Access to rules,
records, and forms.
28A.210.045 Speech-language pathology services—Complaints.
28A.210.060 Immunization program—Purpose.
28A.210.070 Immunization program—Definitions.
28A.210.080 Immunization program—Attendance of child conditioned
upon presentation of alternative proofs—Information
regarding meningococcal disease—Information regarding
human papillomavirus disease.
28A.210.090 Immunization program—Exemptions from on presentation
of alternative certifications.
28A.210.100 Immunization program—Source of immunizations—Written
records.
28A.210.110 Immunization program—Administrator’s duties upon receipt
of proof of immunization or certification of exemption.
28A.210.120 Immunization program—Prohibiting child’s presence—
Notice to parent, guardian, or adult in loco parentis.
28A.210.130 Immunization program—Superintendent of public instruction to provide information.
28A.210.140 Immunization program—State board of health rules, contents.
28A.210.150 Immunization program—Superintendent of public instruction by rule to adopt procedures for verifying records.
28A.210.160 Immunization program—Rules.
28A.210.170 Immunization program—Department of social and health
services’ rules, contents.
28A.210.255 Provision of health services in public and private schools—
Employee job description.
28A.210.260 Public and private schools—Administration of oral medication by—Conditions.
28A.210.270 Public and private schools—Administration of oral medication by—Immunity from liability—Discontinuance, procedure.
28A.210.280 Catheterization of public and private school students.
28A.210.290 Catheterization of public and private school students—
Immunity from liability.
28A.210.300 School physician or school nurse may be employed.
28A.210.310 Prohibition on use of tobacco products on school property.
28A.210.320 Children with life-threatening health conditions—Medication or treatment orders—Rules.
28A.210.330 Students with diabetes—Individual health plans—Designation of professional to consult and coordinate with parents
and health care provider—Training and supervision of
school district personnel.
28A.210.340 Students with diabetes—Adoption of policy for inservice
training for school staff.
28A.210.350 Students with diabetes—Compliance with individual health
plan—Immunity.
28A.210.360 Model policy on access to nutritious foods and developmentally appropriate exercise—School district policies.
28A.210.365 Food choice, physical activity, childhood fitness—Minimum
standards—District waiver or exemption policy.
(2010 Ed.)
Health—Screening and Requirements
28A.210.370 Students with asthma.
28A.210.375 Student health insurance information—Pilot project—
Reports.
28A.210.380 Anaphylaxis—Policy guidelines—Procedures—Reports.
State board of health: Chapter 43.20 RCW.
28A.210.010 Contagious diseases, limiting contact—
Rules. The state board of health, after consultation with the
superintendent of public instruction, shall adopt reasonable
rules regarding the presence of persons on or about any
school premises who have, or who have been exposed to,
contagious diseases deemed by the state board of health as
dangerous to the public health. Such rules shall specify reasonable and precautionary procedures as to such presence
and/or readmission of such persons and may include the
requirement for a certificate from a licensed physician that
there is no danger of contagion. The superintendent of public
instruction shall provide to appropriate school officials and
personnel, access and notice of these rules of the state board
of health. Providing online access to these rules satisfies the
requirements of this section. The superintendent of public
instruction is required to provide this notice only when there
are significant changes to the rules. [2009 c 556 § 3; 1971 c
32 § 1; 1969 ex.s. c 223 § 28A.31.010. Prior: 1909 c 97 p
262 § 5; RRS § 4689; prior: 1897 c 118 § 68; 1890 p 372 §
47. Formerly RCW 28A.31.010, 28.31.010.]
28A.210.010
28A.210.020 Visual and auditory screening of
pupils—Rules and regulations. Every board of school
directors shall have the power, and it shall be its duty to provide for and require screening for the visual and auditory acuity of all children attending schools in their districts to ascertain which if any of such children have defects sufficient to
retard them in their studies. Auditory and visual screening
shall be made in accordance with procedures and standards
adopted by rule or regulation of the state board of health.
Prior to the adoption or revision of such rules or regulations
the state board of health shall seek the recommendations of
the superintendent of public instruction regarding the administration of visual and auditory screening and the qualifications of persons competent to administer such screening.
Persons performing visual screening may include, but are not
limited to, ophthalmologists, optometrists, or opticians who
donate their professional services to schools or school districts. If a vision professional who donates his or her services
identifies a vision defect sufficient to affect a student’s learning, the vision professional must notify the school nurse
and/or the school principal in writing and may not contact the
student’s parents or guardians directly. A school official
shall inform parents or guardians of students in writing that a
visual examination was recommended, but may not communicate the name or contact information of the vision professional conducting the screening. [2009 c 556 § 18; 1971 c 32
§ 2; 1969 ex.s. c 223 § 28A.31.030. Prior: 1941 c 202 § 1;
Rem. Supp. 1941 § 4689-1. Formerly RCW 28A.31.030,
28.31.030.]
28A.210.070
promptly prepare a record of the screening of each child
found to have, or suspected of having, reduced visual and/or
auditory acuity in need of attention, including the special
education services provided by RCW 28A.155.010 through
28A.155.100, and send copies of such records and recommendations to the parents or guardians of such children and
shall deliver the original records to the appropriate school
official who shall preserve such records and forward to the
superintendent of public instruction and the secretary of
health visual and auditory data as requested by such officials.
[1991 c 3 § 289; 1990 c 33 § 188; 1971 c 32 § 3; 1969 ex.s. c
223 § 28A.31.040. Prior: 1941 c 202 § 2; Rem. Supp. 1941 §
4689-2. Formerly RCW 28A.31.040, 28.31.040.]
28A.210.040 Visual and auditory screening of
pupils—Access to rules, records, and forms. The superintendent of public instruction shall provide access to appropriate school officials the rules adopted by the state board of
health pursuant to RCW 28A.210.020 and the recommended
records and forms to be used in making and reporting such
screenings. Providing online access to the materials satisfies
the requirements of this section. [2009 c 556 § 4; 1990 c 33
§ 189; 1973 c 46 § 1. Prior: 1971 c 48 § 12; 1971 c 32 § 4;
1969 ex.s. c 223 § 28A.31.050; prior: 1941 c 202 § 3; RRS §
4689-3. Formerly RCW 28A.31.050, 28.31.050.]
28A.210.040
Additional notes found at www.leg.wa.gov
28A.210.020
28A.210.030 Visual and auditory screening of
pupils—Record of screening—Forwarding of records,
recommendations and data. The person or persons completing the screening prescribed in RCW 28A.210.020 shall
28A.210.030
(2010 Ed.)
28A.210.045 Speech-language pathology services—
Complaints. (1) The superintendent of public instruction
shall report to the department of health:
(a) Any complaint or disciplinary action taken against a
certified educational staff associate providing speech-language pathology services in a school setting; and
(b) Any complaint the superintendent receives regarding
a speech-language pathology assistant certified under chapter
18.35 RCW.
(2) The superintendent of public instruction shall make
the reports required by this section as soon as practicable, but
in no case later than five business days after the complaint or
disciplinary action. [2009 c 301 § 13.]
28A.210.045
Intent—Implementation—2009 c 301: See notes following RCW
18.35.010.
Speech-language pathology assistants—Certification requirements—2009 c 301: See note following RCW 18.35.040.
28A.210.060 Immunization program—Purpose. In
enacting RCW 28A.210.060 through 28A.210.170, it is the
judgment of the legislature that it is necessary to protect the
health of the public and individuals by providing a means for
the eventual achievement of full immunization of school-age
children against certain vaccine-preventable diseases. [1990
c 33 § 190; 1984 c 40 § 3; 1979 ex.s. c 118 § 1. Formerly
RCW 28A.31.100.]
28A.210.060
Immunization plan: RCW 43.70.525.
Additional notes found at www.leg.wa.gov
28A.210.070 Immunization program—Definitions.
As used in RCW 28A.210.060 through 28A.210.170:
(1) "Chief administrator" shall mean the person with the
authority and responsibility for the immediate supervision of
28A.210.070
[Title 28A RCW—page 61]
28A.210.080
Title 28A RCW: Common School Provisions
the operation of a school or day care center as defined in this
section or, in the alternative, such other person as may hereafter be designated in writing for the purposes of RCW
28A.210.060 through 28A.210.170 by the statutory or corporate board of directors of the school district, school, or day
care center or, if none, such other persons or person with the
authority and responsibility for the general supervision of the
operation of the school district, school or day care center.
(2) "Full immunization" shall mean immunization
against certain vaccine-preventable diseases in accordance
with schedules and with immunizing agents approved by the
state board of health.
(3) "Local health department" shall mean the city, town,
county, district or combined city-county health department,
board of health, or health officer which provides public
health services.
(4) "School" shall mean and include each building, facility, and location at or within which any or all portions of a
preschool, kindergarten and grades one through twelve program of education and related activities are conducted for two
or more children by or in behalf of any public school district
and by or in behalf of any private school or private institution
subject to approval by the state board of education pursuant
to RCW 28A.305.130, 28A.195.010 through 28A.195.050,
and 28A.410.120.
(5) "Day care center" shall mean an agency which regularly provides care for a group of thirteen or more children for
periods of less than twenty-four hours and is licensed pursuant to chapter 74.15 RCW.
(6) "Child" shall mean any person, regardless of age, in
attendance at a public or private school or a licensed day care
center. [2006 c 263 § 908; 1990 c 33 § 191; 1985 c 49 § 2;
1984 c 40 § 4; 1979 ex.s. c 118 § 2. Formerly RCW
28A.31.102.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.210.080 Immunization program—Attendance
of child conditioned upon presentation of alternative
proofs—Information regarding meningococcal disease—
Information regarding human papillomavirus disease.
(1) The attendance of every child at every public and private
school in the state and licensed day care center shall be conditioned upon the presentation before or on each child’s first
day of attendance at a particular school or center, of proof of
either (a) full immunization, (b) the initiation of and compliance with a schedule of immunization, as required by rules of
the state board of health, or (c) a certificate of exemption as
provided for in RCW 28A.210.090. The attendance at the
school or the day care center during any subsequent school
year of a child who has initiated a schedule of immunization
shall be conditioned upon the presentation of proof of compliance with the schedule on the child’s first day of attendance during the subsequent school year. Once proof of full
immunization or proof of completion of an approved schedule has been presented, no further proof shall be required as a
condition to attendance at the particular school or center.
(2)(a) Beginning with sixth grade entry, every public and
private school in the state shall provide parents and guardians
with information about meningococcal disease and its vac28A.210.080
[Title 28A RCW—page 62]
cine at the beginning of every school year. The information
about meningococcal disease shall include:
(i) Its causes and symptoms, how meningococcal disease
is spread, and the places where parents and guardians may
obtain additional information and vaccinations for their children; and
(ii) Current recommendations from the United States
centers for disease control and prevention regarding the
receipt of vaccines for meningococcal disease and where the
vaccination can be received.
(b) This subsection shall not be construed to require the
department of health or the school to provide meningococcal
vaccination to students.
(c) The department of health shall prepare the informational materials and shall consult with the office of superintendent of public instruction.
(d) This subsection does not create a private right of
action.
(3)(a) Beginning with sixth grade entry, every public
school in the state shall provide parents and guardians with
information about human papillomavirus disease and its vaccine at the beginning of every school year. The information
about human papillomavirus disease shall include:
(i) Its causes and symptoms, how human papillomavirus
disease is spread, and the places where parents and guardians
may obtain additional information and vaccinations for their
children; and
(ii) Current recommendations from the United States
centers for disease control and prevention regarding the
receipt of vaccines for human papillomavirus disease and
where the vaccination can be received.
(b) This subsection shall not be construed to require the
department of health or the school to provide human papillomavirus vaccination to students.
(c) The department of health shall prepare the informational materials and shall consult with the office of the superintendent of public instruction.
(d) This subsection does not create a private right of
action.
(4) Private schools are required by state law to notify
parents that information on the human papillomavirus disease
prepared by the department of health is available. [2007 c
276 § 1; 2005 c 404 § 1; 1990 c 33 § 192; 1985 c 49 § 1; 1979
ex.s. c 118 § 3. Formerly RCW 28A.31.104.]
Additional notes found at www.leg.wa.gov
28A.210.090 Immunization program—Exemptions
from on presentation of alternative certifications. Any
child shall be exempt in whole or in part from the immunization measures required by RCW 28A.210.060 through
28A.210.170 upon the presentation of any one or more of the
following, on a form prescribed by the department of health:
(1) A written certification signed by any physician
licensed to practice medicine pursuant to chapter 18.71 or
18.57 RCW that a particular vaccine required by rule of the
state board of health is, in his or her judgment, not advisable
for the child: PROVIDED, That when it is determined that
this particular vaccine is no longer contraindicated, the child
will be required to have the vaccine;
28A.210.090
(2010 Ed.)
Health—Screening and Requirements
(2) A written certification signed by any parent or legal
guardian of the child or any adult in loco parentis to the child
that the religious beliefs of the signator are contrary to the
required immunization measures; and
(3) A written certification signed by any parent or legal
guardian of the child or any adult in loco parentis to the child
that the signator has either a philosophical or personal objection to the immunization of the child. [1991 c 3 § 290; 1990
c 33 § 193; 1984 c 40 § 5; 1979 ex.s. c 118 § 4. Formerly
RCW 28A.31.106.]
Additional notes found at www.leg.wa.gov
28A.210.100 Immunization program—Source of
immunizations—Written records. The immunizations
required by RCW 28A.210.060 through 28A.210.170 may be
obtained from any private or public source desired: PROVIDED, That the immunization is administered and records
are made in accordance with the regulations of the state board
of health. Any person or organization administering immunizations shall furnish each person immunized, or his or her
parent or legal guardian, or any adult in loco parentis to the
child, with a written record of immunization given in a form
prescribed by the state board of health. [1990 c 33 § 194;
1984 c 40 § 7; 1979 ex.s. c 118 § 6. Formerly RCW
28A.31.110.]
28A.210.100
Additional notes found at www.leg.wa.gov
28A.210.110 Immunization program—Administrator’s duties upon receipt of proof of immunization or certification of exemption. A child’s proof of immunization or
certification of exemption shall be presented to the chief
administrator of the public or private school or day care center or to his or her designee for that purpose. The chief administrator shall:
(1) Retain such records pertaining to each child at the
school or day care center for at least the period the child is
enrolled in the school or attends such center;
(2) Retain a record at the school or day care center of the
name, address, and date of exclusion of each child excluded
from school or the center pursuant to RCW 28A.210.120 for
not less than three years following the date of a child’s exclusion;
(3) File a written annual report with the department of
health on the immunization status of students or children
attending the day care center at a time and on forms prescribed by the department of health; and
(4) Allow agents of state and local health departments
access to the records retained in accordance with this section
during business hours for the purposes of inspection and
copying. [1991 c 3 § 291; 1990 c 33 § 195; 1979 ex.s. c 118
§ 7. Formerly RCW 28A.31.112.]
28A.210.110
Additional notes found at www.leg.wa.gov
28A.210.120 Immunization program—Prohibiting
child’s presence—Notice to parent, guardian, or adult in
loco parentis. It shall be the duty of the chief administrator
of every public and private school and day care center to prohibit the further presence at the school or day care center for
any and all purposes of each child for whom proof of immunization, certification of exemption, or proof of compliance
28A.210.120
(2010 Ed.)
28A.210.160
with an approved schedule of immunization has not been provided in accordance with RCW 28A.210.080 and to continue
to prohibit the child’s presence until such proof of immunization, certification of exemption, or approved schedule has
been provided. The exclusion of a child from a school shall
be accomplished in accordance with rules of the office of the
superintendent, in consultation with the state board of health.
The exclusion of a child from a day care center shall be
accomplished in accordance with rules of the department of
social and health services. Prior to the exclusion of a child,
each school or day care center shall provide written notice to
the parent(s) or legal guardian(s) of each child or to the
adult(s) in loco parentis to each child, who is not in compliance with the requirements of RCW 28A.210.080. The
notice shall fully inform such person(s) of the following: (1)
The requirements established by and pursuant to RCW
28A.210.060 through 28A.210.170; (2) the fact that the child
will be prohibited from further attendance at the school
unless RCW 28A.210.080 is complied with; (3) such procedural due process rights as are hereafter established pursuant
to RCW 28A.210.160 and/or 28A.210.170, as appropriate;
and (4) the immunization services that are available from or
through the local health department and other public agencies. [2006 c 263 § 909; 1990 c 33 § 196; 1985 c 49 § 3; 1984
c 40 § 8; 1979 ex.s. c 118 § 8. Formerly RCW 28A.31.114.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.210.130 Immunization program—Superintendent of public instruction to provide information. The
superintendent of public instruction shall provide for information about the immunization program and requirements
under RCW 28A.210.060 through 28A.210.170 to be widely
available throughout the state in order to promote full use of
the program. [1990 c 33 § 197; 1985 c 49 § 4. Formerly
RCW 28A.31.115.]
28A.210.130
28A.210.140 Immunization program—State board
of health rules, contents. The state board of health shall
adopt and is hereby empowered to adopt rules pursuant to
chapter 34.05 RCW which establish the procedural and substantive requirements for full immunization and the form and
substance of the proof thereof, to be required pursuant to
RCW 28A.210.060 through 28A.210.170. [1990 c 33 § 198;
1984 c 40 § 9; 1979 ex.s. c 118 § 9. Formerly RCW
28A.31.116.]
28A.210.140
Additional notes found at www.leg.wa.gov
28A.210.150 Immunization program—Superintendent of public instruction by rule to adopt procedures for
verifying records. The superintendent of public instruction
by rule shall provide procedures for schools to quickly verify
the immunization records of students transferring from one
school to another before the immunization records are
received. [1985 c 49 § 5. Formerly RCW 28A.31.117.]
28A.210.150
28A.210.160 Immunization program—Rules. The
superintendent of public instruction with regard to public
schools and the state board of education with regard to pri28A.210.160
[Title 28A RCW—page 63]
28A.210.170
Title 28A RCW: Common School Provisions
vate schools, in consultation with the state board of health,
shall each adopt rules pursuant to chapter 34.05 RCW that
establish the procedural and substantive due process requirements governing the exclusion of children from schools pursuant to RCW 28A.210.120. [2006 c 263 § 910; 1990 c 33 §
199; 1979 ex.s. c 118 § 10. Formerly RCW 28A.31.118.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.210.170 Immunization program—Department
of social and health services’ rules, contents. The department of social and health services shall and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which
establish the procedural and substantive due process requirements governing the exclusion of children from day care centers pursuant to RCW 28A.210.120. [1990 c 33 § 200; 1979
ex.s. c 118 § 11. Formerly RCW 28A.31.120.]
28A.210.170
Additional notes found at www.leg.wa.gov
28A.210.255 Provision of health services in public
and private schools—Employee job description. Any
employee of a public school district or private school that
performs health services, such as catheterization, must have a
job description that lists all of the health services that the
employee may be required to perform for students. [2003 c
172 § 2.]
28A.210.255
28A.210.260 Public and private schools—Administration of oral medication by—Conditions. Public school
districts and private schools which conduct any of grades kindergarten through the twelfth grade may provide for the
administration of oral medication of any nature to students
who are in the custody of the school district or school at the
time of administration, but are not required to do so by this
section, subject to the following conditions:
(1) The board of directors of the public school district or
the governing board of the private school or, if none, the chief
administrator of the private school shall adopt policies which
address the designation of employees who may administer
oral medications to students, the acquisition of parent
requests and instructions, and the acquisition of requests from
licensed health professionals prescribing within the scope of
their prescriptive authority and instructions regarding students who require medication for more than fifteen consecutive school days, the identification of the medication to be
administered, the means of safekeeping medications with
special attention given to the safeguarding of legend drugs as
defined in chapter 69.41 RCW, and the means of maintaining
a record of the administration of such medication;
(2) The board of directors shall seek advice from one or
more licensed physicians or nurses in the course of developing the foregoing policies;
(3) The public school district or private school is in
receipt of a written, current and unexpired request from a parent, or a legal guardian, or other person having legal control
over the student to administer the medication to the student;
(4) The public school district or the private school is in
receipt of (a) a written, current and unexpired request from a
licensed health professional prescribing within the scope of
28A.210.260
[Title 28A RCW—page 64]
his or her prescriptive authority for administration of the
medication, as there exists a valid health reason which makes
administration of such medication advisable during the hours
when school is in session or the hours in which the student is
under the supervision of school officials, and (b) written, current and unexpired instructions from such licensed health
professional prescribing within the scope of his or her prescriptive authority regarding the administration of prescribed
medication to students who require medication for more than
fifteen consecutive workdays;
(5) The medication is administered by an employee designated by or pursuant to the policies adopted pursuant to
subsection (1) of this section and in substantial compliance
with the prescription of a licensed health professional prescribing within the scope of his or her prescriptive authority
or the written instructions provided pursuant to subsection (4)
of this section;
(6) The medication is first examined by the employee
administering the same to determine in his or her judgment
that it appears to be in the original container and to be properly labeled; and
(7) The board of directors shall designate a professional
person licensed pursuant to chapter 18.71 RCW or chapter
18.79 RCW as it applies to registered nurses and advanced
registered nurse practitioners, to train and supervise the designated school district personnel in proper medication procedures. [2000 c 63 § 1; 1994 sp.s. c 9 § 720; 1982 c 195 § 1.
Formerly RCW 28A.31.150.]
Additional notes found at www.leg.wa.gov
28A.210.270 Public and private schools—Administration of oral medication by—Immunity from liability—
Discontinuance, procedure. (1) In the event a school
employee administers oral medication to a student pursuant
to RCW 28A.210.260 in substantial compliance with the prescription of the student’s licensed health professional prescribing within the scope of the professional’s prescriptive
authority or the written instructions provided pursuant to
RCW 28A.210.260(4), and the other conditions set forth in
RCW 28A.210.260 have been substantially complied with,
then the employee, the employee’s school district or school
of employment, and the members of the governing board and
chief administrator thereof shall not be liable in any criminal
action or for civil damages in their individual or marital or
governmental or corporate or other capacities as a result of
the administration of the medication.
(2) The administration of oral medication to any student
pursuant to RCW 28A.210.260 may be discontinued by a
public school district or private school and the school district
or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal
action or for civil damages in their governmental or corporate
or individual or marital or other capacities as a result of the
discontinuance of such administration: PROVIDED, That
the chief administrator of the public school district or private
school, or his or her designee, has first provided actual notice
orally or in writing in advance of the date of discontinuance
to a parent or legal guardian of the student or other person
having legal control over the student. [2000 c 63 § 2; 1990 c
33 § 208; 1982 c 195 § 2. Formerly RCW 28A.31.155.]
28A.210.270
(2010 Ed.)
Health—Screening and Requirements
Additional notes found at www.leg.wa.gov
28A.210.280 Catheterization of public and private
school students. (1) Public school districts and private
schools that offer classes for any of grades kindergarten
through twelve must provide for clean, intermittent bladder
catheterization of students, or assisted self-catheterization of
students pursuant to RCW 18.79.290. The catheterization
must be provided in substantial compliance with:
(a) Rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or
advanced registered nurse practitioner issued under such
rules; and
(b) Written policies of the school district or private
school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable.
(2) School district employees, except those licensed
under chapter 18.79 RCW, who have not agreed in writing to
perform clean, intermittent bladder catheterization as a specific part of their job description, may file a written letter of
refusal to perform clean, intermittent bladder catheterization
of students. This written letter of refusal may not serve as
grounds for discharge, nonrenewal, or other action adversely
affecting the employee’s contract status.
(3) Any public school district or private school that provides clean, intermittent bladder catheterization shall document the provision of training given to employees who perform these services. These records shall be made available
for review at any audit. [2003 c 172 § 1; 1994 sp.s. c 9 § 721;
1988 c 48 § 2. Formerly RCW 28A.31.160.]
28A.210.280
Additional notes found at www.leg.wa.gov
28A.210.290 Catheterization of public and private
school students—Immunity from liability. (1) In the event
a school employee provides for the catheterization of a student pursuant to RCW 18.79.290 and 28A.210.280 in substantial compliance with (a) rules adopted by the state nursing care quality assurance commission and the instructions of
a registered nurse or advanced registered nurse practitioner
issued under such rules, and (b) written policies of the school
district or private school, then the employee, the employee’s
school district or school of employment, and the members of
the governing board and chief administrator thereof shall not
be liable in any criminal action or for civil damages in their
individual, marital, governmental, corporate, or other capacity as a result of providing for the catheterization.
(2) Providing for the catheterization of any student pursuant to RCW 18.79.290 and 28A.210.280 may be discontinued by a public school district or private school and the
school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in
any criminal action or for civil damages in their individual,
marital, governmental, corporate, or other capacity as a result
of the discontinuance: PROVIDED, That the chief administrator of the public school district or private school, or his or
her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or
legal guardian of the student or other person having legal
control over the student: PROVIDED FURTHER, That the
28A.210.290
(2010 Ed.)
28A.210.320
public school district otherwise provides for the catheterization of the student to the extent required by federal or state
law. [1994 sp.s. c 9 § 722; 1990 c 33 § 209; 1988 c 48 § 3.
Formerly RCW 28A.31.165.]
Additional notes found at www.leg.wa.gov
28A.210.300 School physician or school nurse may be
employed. The board of directors of any school district of
the second class may employ a regularly licensed physician
or a licensed public health nurse for the purpose of protecting
the health of the children in said district. [1975 c 43 § 20;
1969 ex.s. c 223 § 28A.60.320. Prior: 1937 c 60 § 1; RRS §
4776-4. Formerly RCW 28A.60.320, 28.31.080.]
28A.210.300
Additional notes found at www.leg.wa.gov
28A.210.310 Prohibition on use of tobacco products
on school property. (1) To protect children in the public
schools of this state from exposure to the addictive substance
of nicotine, each school district board of directors shall have
a written policy mandating a prohibition on the use of all
tobacco products on public school property.
(2) The policy in subsection (1) of this section shall
include, but not be limited to, a requirement that students and
school personnel be notified of the prohibition, the posting of
signs prohibiting the use of tobacco products, sanctions for
students and school personnel who violate the policy, and a
requirement that school district personnel enforce the prohibition. Enforcement policies adopted in the school board policy shall be in addition to the enforcement provisions in RCW
70.160.070. [1997 c 9 § 1; 1989 c 233 § 6. Formerly RCW
28A.31.170.]
28A.210.310
Additional notes found at www.leg.wa.gov
28A.210.320 Children with life-threatening health
conditions—Medication or treatment orders—Rules. (1)
The attendance of every child at every public school in the
state shall be conditioned upon the presentation before or on
each child’s first day of attendance at a particular school of a
medication or treatment order addressing any life-threatening
health condition that the child has that may require medical
services to be performed at the school. Once such an order
has been presented, the child shall be allowed to attend
school.
(2) The chief administrator of every public school shall
prohibit the further presence at the school for any and all purposes of each child for whom a medication or treatment order
has not been provided in accordance with this section if the
child has a life-threatening health condition that may require
medical services to be performed at the school and shall continue to prohibit the child’s presence until such order has
been provided. The exclusion of a child from a school shall
be accomplished in accordance with rules of the state board
of education. Before excluding a child, each school shall provide written notice to the parents or legal guardians of each
child or to the adults in loco parentis to each child, who is not
in compliance with the requirements of this section. The
notice shall include, but not be limited to, the following: (a)
The requirements established by this section; (b) the fact that
the child will be prohibited from further attendance at the
school unless this section is complied with; and (c) such pro28A.210.320
[Title 28A RCW—page 65]
28A.210.330
Title 28A RCW: Common School Provisions
cedural due process rights as are established pursuant to this
section.
(3) The superintendent of public instruction in consultation with the state board of health shall adopt rules under
chapter 34.05 RCW that establish the procedural and substantive due process requirements governing the exclusion of
children from public schools under this section. The rules
shall include any requirements under applicable federal laws.
(4) As used in this section, "life-threatening condition"
means a health condition that will put the child in danger of
death during the school day if a medication or treatment order
and a nursing plan are not in place.
(5) As used in this section, "medication or treatment
order" means the authority a registered nurse obtains under
RCW 18.79.260(2). [2006 c 263 § 911; 2002 c 101 § 1.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.210.330 Students with diabetes—Individual
health plans—Designation of professional to consult and
coordinate with parents and health care provider—
Training and supervision of school district personnel. (1)
School districts shall provide individual health plans for students with diabetes, subject to the following conditions:
(a) The board of directors of the school district shall
adopt policies to be followed for students with diabetes. The
policies shall include, but need not be limited to:
(i) The acquisition of parent requests and instructions;
(ii) The acquisition of orders from licensed health professionals prescribing within the scope of their prescriptive
authority for monitoring and treatment at school;
(iii) The provision for storage of medical equipment and
medication provided by the parent;
(iv) The provision for students to perform blood glucose
tests, administer insulin, treat hypoglycemia and hyperglycemia, and have easy access to necessary supplies and equipment to perform monitoring and treatment functions as specified in the individual health plan. The policies shall include
the option for students to carry on their persons the necessary
supplies and equipment and the option to perform monitoring
and treatment functions anywhere on school grounds including the students’ classrooms, and at school-sponsored events;
(v) The establishment of school policy exceptions necessary to accommodate the students’ needs to eat whenever and
wherever necessary, have easy, unrestricted access to water
and bathroom use, have provisions made for parties at school
when food is served, eat meals and snacks on time, and other
necessary exceptions as described in the individual health
plan;
(vi) The assurance that school meals are never withheld
because of nonpayment of fees or disciplinary action;
(vii) A description of the students’ school day schedules
for timing of meals, snacks, blood sugar testing, insulin injections, and related activities;
(viii) The development of individual emergency plans;
(ix) The distribution of the individual health plan to
appropriate staff based on the students’ needs and staff level
of contact with the students;
(x) The possession of legal documents for parent-designated adults to provide care, if needed; and
28A.210.330
[Title 28A RCW—page 66]
(xi) The updating of the individual health plan at least
annually or more frequently, as needed; and
(b) The board of directors, in the course of developing
the policies in (a) of this subsection, shall seek advice from
one or more licensed physicians or nurses or diabetes educators who are nationally certified.
(2)(a) For the purposes of this section, "parent-designated adult" means a volunteer, who may be a school district
employee, who receives additional training from a health care
professional or expert in diabetic care selected by the parents,
and who provides care for the child consistent with the individual health plan.
(b) To be eligible to be a parent-designated adult, a
school district employee not licensed under chapter 18.79
RCW shall file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the
employee’s willingness to be a parent-designated adult. If a
school employee who is not licensed under chapter 18.79
RCW chooses not to file a letter under this section, the
employee shall not be subject to any employer reprisal or disciplinary action for refusing to file a letter.
(3) The board of directors shall designate a professional
person licensed under chapter 18.71, 18.57, or 18.79 RCW as
it applies to registered nurses and advanced registered nurse
practitioners, to consult and coordinate with the student’s
parents and health care provider, and train and supervise the
appropriate school district personnel in proper procedures for
care for students with diabetes to ensure a safe, therapeutic
learning environment. Training may also be provided by a
diabetes educator who is nationally certified. Parent-designated adults who are school employees are required to
receive the training provided under this subsection. Parentdesignated adults who are not school employees shall show
evidence of comparable training. The parent-designated adult
must also receive additional training as established in subsection (2)(a) of this section for the additional care the parents
have authorized the parent-designated adult to provide. The
professional person designated under this subsection is not
responsible for the supervision of the parent-designated adult
for those procedures that are authorized by the parents. [2002
c 350 § 2.]
Findings—2002 c 350: "The legislature finds that diabetes imposes
significant health risks to students enrolled in the state’s public schools and
that providing for the medical needs of students with diabetes is crucial to
ensure both the safety of students with diabetes and their ability to obtain the
education guaranteed to all citizens of the state. The legislature also finds
that children with diabetes can and should be provided with a safe learning
environment and access to all other nonacademic school-sponsored activities. The legislature further finds that an individual health plan for each child
with diabetes should be in place in the student’s school and should include
provisions for a parental signed release form, medical equipment and storage
capacity, and exceptions from school policies, school schedule, meals and
eating, disaster preparedness, inservice training for staff, legal documents for
parent-designated adults who may provide care, as needed, and personnel
guidelines describing who may assume responsibility for activities contained
in the student’s individual health plan." [2002 c 350 § 1.]
Effective date—2002 c 350: "This act takes effect July 1, 2002." [2002
c 350 § 5.]
28A.210.340 Students with diabetes—Adoption of
policy for inservice training for school staff. The superintendent of public instruction and the secretary of the department of health shall develop a uniform policy for all school
28A.210.340
(2010 Ed.)
Health—Screening and Requirements
districts providing for the inservice training for school staff
on symptoms, treatment, and monitoring of students with diabetes and on the additional observations that may be needed
in different situations that may arise during the school day
and during school-sponsored events. The policy shall include
the standards and skills that must be in place for inservice
training of school staff. [2002 c 350 § 3.]
Findings—Effective date—2002 c 350: See notes following RCW
28A.210.330.
28A.210.350 Students with diabetes—Compliance
with individual health plan—Immunity. A school district,
school district employee, agent, or parent-designated adult
who, acting in good faith and in substantial compliance with
the student’s individual health plan and the instructions of the
student’s licensed health care professional, provides assistance or services under RCW 28A.210.330 shall not be liable
in any criminal action or for civil damages in his or her individual or marital or governmental or corporate or other
capacities as a result of the services provided under RCW
28A.210.330 to students with diabetes. [2002 c 350 § 4.]
28A.210.350
Findings—Effective date—2002 c 350: See notes following RCW
28A.210.330.
28A.210.360 Model policy on access to nutritious
foods and developmentally appropriate exercise—School
district policies. (1) Consistent with the essential academic
learning requirements for health and fitness, including nutrition, the Washington state school directors association, with
the assistance of the office of the superintendent of public
instruction, the department of health, and the Washington
alliance for health, physical education, recreation and dance,
shall convene an advisory committee to develop a model policy regarding access to nutritious foods, opportunities for
developmentally appropriate exercise, and accurate information related to these topics. The policy shall address the nutritional content of foods and beverages, including fluoridated
bottled water, sold or provided throughout the school day or
sold in competition with the federal school breakfast and
lunch program and the availability and quality of health,
nutrition, and physical education and fitness curriculum. The
model policy should include the development of a physical
education and fitness curriculum for students. For middle
school students, physical education and fitness curriculum
means a daily period of physical activity, a minimum of
twenty minutes of which is aerobic activity in the student’s
target heart rate zone, which includes instruction and practice
in basic movement and fine motor skills, progressive physical
fitness, athletic conditioning, and nutrition and wellness
instruction through age-appropriate activities.
(2) The school directors association shall submit the
model policy and recommendations on the related issues,
along with a recommendation for local adoption, to the governor and the legislature and shall post the model policy on its
web site by January 1, 2005.
(3) Each district’s board of directors shall establish its
own policy by August 1, 2005. [2004 c 138 § 2.]
28A.210.360
Findings—2004 c 138: "(1) The legislature finds:
(a) Childhood obesity has reached epidemic levels in Washington and
throughout the nation. Nearly one in five Washington adolescents in grades
nine through twelve were recently found to be either overweight or at risk of
(2010 Ed.)
28A.210.365
being overweight;
(b) Overweight and obese children are at higher risk for developing
severe long-term health problems, including but not limited to Type 2 diabetes, cardiovascular disease, high blood pressure, and certain cancers;
(c) Overweight youth also are often affected by discrimination, psychological stress, and low self-esteem;
(d) Obesity and subsequent diseases are largely preventable through
diet and regular physical activity;
(e) A child who has eaten a well-balanced meal and is healthy is more
likely to be prepared to learn in the classroom;
(f) Encouraging adolescents to adopt healthy lifelong eating habits can
increase their productivity and reduce their risk of dying prematurely;
(g) Frequent eating of carbohydrate-rich foods or drinking sweet liquids throughout the day increases a child’s risk for dental decay, the most
common chronic childhood disease;
(h) Schools are a logical place to address the issue of obesity in children and adolescents; and
( i) Increased emphasis on physical activity at all grade levels is essential to enhancing the well-being of Washington’s youth.
(2) While the United States department of agriculture regulates the
nutritional content of meals sold in schools under its school breakfast and
lunch program, limited standards are in place to regulate "competitive
foods," which may be high in added sugars, sodium, and saturated fat content. However, the United States department of agriculture does call for
states and local entities to add restrictions on competitive foods, as necessary." [2004 c 138 § 1.]
28A.210.365
28A.210.365 Food choice, physical activity, childhood fitness—Minimum standards—District waiver or
exemption policy. It is the goal of Washington state to
ensure that:
(1) By 2010, all K-12 districts have school health advisory committees that advise school administration and school
board members on policies, environmental changes, and programs needed to support healthy food choice and physical
activity and childhood fitness. Districts shall include school
nurses or other school personnel as advisory committee
members.
(2) By 2010, only healthy food and beverages provided
by schools during school hours or for school-sponsored activities shall be available on school campuses. Minimum standards for available food and beverages, except food served as
part of a United States department of agriculture meal program, are:
(a) Not more than thirty-five percent of its total calories
shall be from fat. This restriction does not apply to nuts, nut
butters, seeds, eggs, fresh or dried fruits, vegetables that have
not been deep-fried, legumes, reduced-fat cheese, part-skim
cheese, nonfat dairy products, or low-fat dairy products;
(b) Not more than ten percent of its total calories shall be
from saturated fat. This restriction does not apply to eggs,
reduced-fat cheese, part-skim cheese, nonfat dairy products,
or low-fat dairy products;
(c) Not more than thirty-five percent of its total weight or
fifteen grams per food item shall be composed of sugar,
including naturally occurring and added sugar. This restriction does not apply to the availability of fresh or dried fruits
and vegetables that have not been deep-fried; and
(d) The standards for food and beverages in this subsection do not apply to:
(i) Low-fat and nonfat flavored milk with up to thirty
grams of sugar per serving;
(ii) Nonfat or low-fat rice or soy beverages; or
(iii) One hundred percent fruit or vegetable juice.
[Title 28A RCW—page 67]
28A.210.370
Title 28A RCW: Common School Provisions
(3) By 2010, all students in grades one through eight
should have at least one hundred fifty minutes of quality
physical education every week.
(4) By 2010, all student health and fitness instruction
shall be conducted by appropriately certified instructors.
(5) Beginning with the 2011-2012 school year, any district waiver or exemption policy from physical education
requirements for high school students should be based upon
meeting both health and fitness curricula concepts as well as
alternative means of engaging in physical activity, but should
acknowledge students’ interest in pursuing their academic
interests. [2007 c 5 § 5.]
28A.210.370 Students with asthma. (1) The superintendent of public instruction and the secretary of the department of health shall develop a uniform policy for all school
districts providing for the in-service training for school staff
on symptoms, treatment, and monitoring of students with
asthma and on the additional observations that may be
needed in different situations that may arise during the school
day and during school-sponsored events. The policy shall
include the standards and skills that must be in place for inservice training of school staff.
(2) All school districts shall adopt policies regarding
asthma rescue procedures for each school within the district.
(3) All school districts must require that each public elementary school and secondary school grant to any student in
the school authorization for the self-administration of medication to treat that student’s asthma or anaphylaxis, if:
(a) A health care practitioner prescribed the medication
for use by the student during school hours and instructed the
student in the correct and responsible use of the medication;
(b) The student has demonstrated to the health care practitioner, or the practitioner’s designee, and a professional registered nurse at the school, the skill level necessary to use the
medication and any device that is necessary to administer the
medication as prescribed;
(c) The health care practitioner formulates a written
treatment plan for managing asthma or anaphylaxis episodes
of the student and for medication use by the student during
school hours; and
(d) The student’s parent or guardian has completed and
submitted to the school any written documentation required
by the school, including the treatment plan formulated under
(c) of this subsection and other documents related to liability.
(4) An authorization granted under subsection (3) of this
section must allow the student involved to possess and use his
or her medication:
(a) While in school;
(b) While at a school-sponsored activity, such as a sporting event; and
(c) In transit to or from school or school-sponsored activities.
(5) An authorization granted under subsection (3) of this
section:
(a) Must be effective only for the same school and school
year for which it is granted; and
(b) Must be renewed by the parent or guardian each subsequent school year in accordance with this subsection.
(6) School districts must require that backup medication,
if provided by a student’s parent or guardian, be kept at a stu28A.210.370
[Title 28A RCW—page 68]
dent’s school in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency.
(7) School districts must require that information
described in subsection (3)(c) and (d) of this section be kept
on file at the student’s school in a location easily accessible in
the event of an asthma or anaphylaxis emergency.
(8) Nothing in this section creates a cause of action or in
any other way increases or diminishes the liability of any person under any other law. [2005 c 462 § 2.]
Findings—2005 c 462: "The legislature finds that:
(1) Asthma is a dangerous disease that is growing in prevalence in
Washington state. An estimated five hundred thousand residents of the state
suffer from asthma. Since 1995, asthma has claimed more than five hundred
lives, caused more than twenty-five thousand hospitalizations with costs of
more than one hundred twelve million dollars, and resulted in seven million
five hundred thousand missed school days. School nurses have identified
over four thousand children with life-threatening asthma in the state’s
schools.
(2) While asthma is found among all populations, its prevalence disproportionately affects low-income and minority populations. Untreated
asthma affects worker productivity and results in unnecessary absences from
work. In many cases, asthma triggers present in substandard housing and
poorly ventilated workplaces contribute directly to asthma.
(3) Although research continues into the causes and cures for asthma,
national consensus has been reached on treatment guidelines. People with
asthma who are being treated in accordance with these guidelines are far
more likely to control the disease than those who are not being treated and
therefore are less likely to experience debilitating or life-threatening asthma
episodes, less likely to be hospitalized, and less likely to need to curtail normal school or work activities. With treatment, most people with asthma are
able to live normal, active lives.
(4) Up to one-third of the people with asthma have not had their disease
diagnosed. Among those with diagnosed asthma, thirty to fifty percent are
not receiving medicines that are needed to control the disease, and approximately eighty percent of diagnosed asthmatics are not getting yearly spirometry measurements that are a key element in monitoring the disease." [2005
c 462 § 1.]
28A.210.375 Student health insurance information—
Pilot project—Reports. (1) By August 1, 2008, the superintendent of public instruction shall solicit and select up to six
school districts to implement, on a pilot project basis, this
section. The selected school districts shall include districts
from urban and rural areas, and eastern and western Washington.
(2) Beginning with the 2008-09 school year, as part of a
public school’s enrollment process, each school participating
as a pilot project shall annually inquire whether a student has
health insurance. The school shall include in the inquiry a
statement explaining that an outreach worker may contact
families with uninsured students about options for health care
coverage. The inquiry shall make provision for the parent or
guardian to authorize the sharing of information for this purpose, consistent with state and federal confidentiality requirements.
(3) The school shall record each student’s health insurance status in the district’s student information system.
(4) By December 1, 2008, from the district’s student
information system, the pilot school shall develop a list of
students without insurance for whom parent authorization to
share information was granted. To the extent such information is available, the list shall include:
(a) Identifiers, including each student’s full name and
date of birth; and
28A.210.375
(2010 Ed.)
Early Childhood, Preschools, and Before-And-After School Care
(b) Parent or guardian contact information, including
telephone number, e-mail address, and street address.
(5) By September 1, 2008, the department and superintendent shall develop and make available a model agreement
to enable schools to share student information in compliance
with state and federal confidentiality requirements.
(6) By January 1, 2009, each participating pilot school
and a local outreach organization, where available, shall
work to put in place an agreement to share student information in accordance with state and federal confidentiality
requirements. Once an agreement is in place, the school shall
share the list described in subsection (4) of this section with
the outreach organization.
(7) The outreach organization shall use the information
on the list to contact families and assist them to enroll students on a medical program, in accordance with chapter
74.09 RCW.
(8) By July 1, 2009, pilot schools shall report to the
superintendent of public instruction:
(a) The number of students identified without health
insurance under subsection (2) of this section; and
(b) Whether an agreement as described under subsection
(6) of this section is in place.
(9) By December 1, 2009, the department and the superintendent shall submit a joint report to the legislature that provides:
(a) Summary information on the number of students
identified without insurance;
(b) The number of schools with agreements with outreach organizations and the number without such agreements;
(c) The cost of collecting and reporting data;
(d) The impact of such outreach efforts they can quantify; and
(e) Any recommendations for changes that would
improve the efficiency or effectiveness of outreach efforts
described in this section.
(10) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Department" means the department of social and
health services.
(b) "Superintendent" means the superintendent of public
instruction.
(c) "Outreach organization" means a nonprofit organization or a local government entity either contracting with the
department pursuant to chapter 74.09 RCW, or otherwise
qualified to provide outreach, education, and enrollment services to uninsured children. [2008 c 302 § 1.]
28A.210.380 Anaphylaxis—Policy guidelines—Procedures—Reports. (1) The office of the superintendent of
public instruction, in consultation with the department of
health, shall develop anaphylactic policy guidelines for
schools to prevent anaphylaxis and deal with medical emergencies resulting from it. The policy guidelines shall be
developed with input from pediatricians, school nurses, other
health care providers, parents of children with life-threatening allergies, school administrators, teachers, and food service directors.
The policy guidelines shall include, but need not be limited
to:
Chapter 28A.215
(a) A procedure for each school to follow to develop a
treatment plan including the responsibilities for [of] school
nurses and other appropriate school personnel responsible for
responding to a student who may be experiencing anaphylaxis;
(b) The content of a training course for appropriate
school personnel for preventing and responding to a student
who may be experiencing anaphylaxis;
(c) A procedure for the development of an individualized
emergency health care plan for children with food or other
allergies that could result in anaphylaxis;
(d) A communication plan for the school to follow to
gather and disseminate information on students with food or
other allergies who may experience anaphylaxis;
(e) Strategies for reduction of the risk of exposure to anaphylactic causative agents including food and other allergens.
(2) For the purpose of this section "anaphylaxis" means
a severe allergic and life-threatening reaction that is a collection of symptoms, which may include breathing difficulties
and a drop in blood pressure or shock.
(3)(a) By October 15, 2008, the superintendent of public
instruction shall report to the select interim legislative task
force on comprehensive school health reform created in section 6, chapter 5, Laws of 2007, on the following:
(i) The implementation within school districts of the
2008 guidelines for care of students with life-threatening
food allergies developed by the superintendent pursuant to
section 501, chapter 522, Laws of 2007, including a review of
policies developed by the school districts, the training provided to school personnel, and plans for follow-up monitoring of policy implementation; and
(ii) Recommendations on requirements for effectively
implementing the school anaphylactic policy guidelines
developed under this section.
(b) By March 31, 2009, the superintendent of public
instruction shall report policy guidelines to the appropriate
committees of the legislature and to school districts for the
districts to use to develop and adopt their policies.
(4) By September 1, 2009, each school district shall use
the guidelines developed under subsection (1) of this section
to develop and adopt a school district policy for each school
in the district to follow to assist schools to prevent anaphylaxis. [2008 c 173 § 1.]
Chapter 28A.215
Chapter 28A.215 RCW
EARLY CHILDHOOD, PRESCHOOLS, AND
BEFORE-AND-AFTER SCHOOL CARE
28A.210.380
(2010 Ed.)
Sections
NURSERY SCHOOLS, PRESCHOOLS, AND
BEFORE-AND-AFTER SCHOOL CARE
28A.215.010
28A.215.020
28A.215.030
28A.215.040
28A.215.050
Authority of school boards.
Allocations of state or federal funds—Rules.
Allocations pending receipt of federal funds.
Establishment and maintenance discretionary.
Additional authority—Contracts with private and public entities—Charges—Transportation services.
28A.215.060 Community learning center program—Purpose—Grants—
Reports.
Department of commerce: Chapter 43.330 RCW.
[Title 28A RCW—page 69]
28A.215.010
Title 28A RCW: Common School Provisions
NURSERY SCHOOLS, PRESCHOOLS, AND
BEFORE-AND-AFTER SCHOOL CARE
28A.215.010 Authority of school boards. The board
of directors of any school district shall have the power to
establish and maintain preschools and to provide before-andafter-school and vacation care in connection with the common schools of said district located at such points as the
board shall deem most suitable for the convenience of the
public, for the care and instruction of infants and children
residing in said district. The board shall establish such
courses, activities, rules, and regulations governing preschools and before-and-after-school care as it may deem best:
PROVIDED, That these courses and activities shall meet the
minimum standard for such preschools as established by the
United States department of health, education and welfare, or
its successor agency, and the superintendent of public
instruction. Except as otherwise provided by state or federal
law, the board of directors may fix a reasonable charge for the
care and instruction of children attending such schools. The
board may, if necessary, supplement such funds as are
received for the superintendent of public instruction or any
agency of the federal government, by an appropriation from
the general school fund of the district. [2006 c 263 § 410;
1995 c 335 § 104; 1969 ex.s. c 223 § 28A.34.010. Prior:
1945 c 247 § 1; 1943 c 220 § 1; Rem. Supp. 1945 § 5109-1.
Formerly RCW 28A.34.010, 28.34.010.]
28A.215.010
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.215.020 Allocations of state or federal funds—
Rules. Expenditures under federal funds and/or state appropr iatio ns mad e to carr y ou t th e pu rp oses of RCW
28A.215.010 through 28A.215.050 shall be made by warrants issued by the state treasurer upon order of the superintendent of public instruction. The superintendent of public
instruction shall make necessary rules to carry out the purpose of RCW 28A.215.010. After being notified by the
office of the governor that there is an agency or department
responsible for early learning, the superintendent shall consult with that agency when establishing relevant rules. [2006
c 263 § 411; 1995 c 335 § 308; 1990 c 33 § 210; 1969 ex.s. c
223 § 28A.34.020. Prior: 1943 c 220 § 2; Rem. Supp. 1943
§ 5109-2. Formerly RCW 28A.34.020, 28.34.020,
28.34.030.]
28A.215.020
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.215.030 Allocations pending receipt of federal
funds. In the event the legislature appropriates any moneys
to carry out the purposes of RCW 28A.215.010 through
28A.215.050, allocations therefrom may be made to school
districts for the purpose of underwriting allocations made or
requested from federal funds until such federal funds are
available. Any school district may allocate a portion of its
funds for the purpose of carrying out the provisions of RCW
28A.215.010 through 28A.215.050 pending the receipt of
reimbursement from funds made available by acts of con28A.215.030
[Title 28A RCW—page 70]
gress. [1995 c 335 § 309; 1990 c 33 § 211; 1969 ex.s. c 223
§ 28A.34.040. Prior: 1943 c 220 § 3; Rem. Supp. 1943 §
5109-3. Formerly RCW 28A.34.040, 28.34.040.]
Additional notes found at www.leg.wa.gov
28A.215.040 Establishment and maintenance discretionary. Every board of directors shall have power to establish, equip and maintain preschools and/or provide beforeand-after-school care for children of working parents, in
cooperation with the federal government or any of its agencies, when in their judgment the best interests of their district
will be subserved thereby. [1995 c 335 § 105; 1973 1st ex.s.
c 154 § 45; 1969 ex.s. c 223 § 28A.34.050. Prior: 1943 c 220
§ 5; Rem. Supp. 1943 § 5109-5. Formerly RCW 28A.34.050,
28.34.050.]
28A.215.040
Additional notes found at www.leg.wa.gov
28A.215.050 Additional authority—Contracts with
private and public entities—Charges—Transportation
services. As a supplement to the authority otherwise granted
by RCW 28A.215.010 through 28A.215.050 respecting the
care or instruction, or both, of children in general, the board
of directors of any school district may only utilize funds outside the state basic education appropriation and the state
school transportation appropriation to:
(1) Contract with public and private entities to conduct
all or any portion of the management and operation of a child
care program at a school district site or elsewhere;
(2) Establish charges based upon costs incurred under
this section and provide for the reduction or waiver of
charges in individual cases based upon the financial ability of
the parents or legal guardians of enrolled children to pay the
charges, or upon their provision of other valuable consideration to the school district; and
(3) Transport children enrolled in a child care program to
the program and to related sites using district-owned school
buses and other motor vehicles, or by contracting for such
transportation and related services: PROVIDED, That no
child three years of age or younger shall be transported under
the provisions of this section unless accompanied by a parent
or guardian. [1995 c 335 § 310; 1990 c 33 § 212; 1987 c 487
§ 1. Formerly RCW 28A.34.150.]
28A.215.050
Additional notes found at www.leg.wa.gov
28A.215.060 Community learning center program—
Purpose—Grants—Reports. (1) The Washington community learning center program is established. The program
shall be administered by the office of the superintendent of
public instruction. The purposes of the program include:
(a) Supporting the creation or expansion of community
learning centers that provide students with tutoring and educational enrichment when school is not in session;
(b) Providing training and professional development for
community learning center program staff;
(c) Increasing public awareness of the availability and
benefits of after-school programs; and
(d) Supporting statewide after-school intermediary organizations in their efforts to provide leadership, coordination,
technical assistance, professional development, advocacy,
and programmatic support to the Washington community
28A.215.060
(2010 Ed.)
Traffic Safety
learning center programs and after-school programs throughout the state.
(2)(a) Subject to funds appropriated for this purpose, the
office of the superintendent of public instruction may provide
community learning center grants to any public or private
organization that meets the eligibility criteria of the federal
twenty-first century community learning centers program.
(b) Priority may be given to grant requests submitted
jointly by one or more schools or school districts and one or
more community-based organizations or other nonschool
partners.
(c) Priority may also be given to grant requests for
after-school programs focusing on improving mathematics
achievement, particularly for middle and junior high school
students.
(d) Priority shall be given to grant requests that:
(i) Focus on improving reading and mathematics proficiency for students who attend schools that have been identified as being in need of improvement under section 1116 of
Title I of the federal no child left behind act of 2001; and
(ii) Include a public/private partnership agreement or
proposal for how to provide free transportation for those students in need that are involved in the program.
(3) Community learning center grant funds may be used
to carry out a broad array of out-of-school activities that support and enhance academic achievement. The activities may
include but need not be limited to:
(a) Remedial and academic enrichment;
(b) Mathematics, reading, and science education;
(c) Arts and music education;
(d) Entrepreneurial education;
(e) Community service;
(f) Tutoring and mentoring programs;
(g) Programs enhancing the language skills and academic achievement of limited English proficient students;
(h) Recreational and athletic activities;
(i) Telecommunications and technology education;
(j) Programs that promote parental involvement and
family literacy;
(k) Drug and violence prevention, counseling, and character education programs; and
(l) Programs that assist students who have been truant,
suspended, or expelled, to improve their academic achievement.
(4) Each community learning center grant may be made
for a maximum of five years. Each grant recipient shall
report annually to the office of the superintendent of public
instruction on what transportation services are being used to
assist students in accessing the program and how those services are being funded. Based on this information, the office
of the superintendent of public instruction shall compile a list
of transportation service options being used and make that
list available to all after-school program providers that were
eligible for the community learning center program grants.
(5) To the extent that funding is available for this purpose, the office of the superintendent of public instruction
may provide grants or other support for the training and professional development of community learning center staff,
the activities of intermediary after-school organizations, and
efforts to increase public awareness of the availability and
benefits of after-school programs.
(2010 Ed.)
28A.220.020
(6) Schools or school districts that receive a community
learning center grant under this section may seek approval
from the office of the superintendent of public instruction for
flexibility to use a portion of their state transportation funds
for the costs of transporting students to and from the community learning center program.
(7) The office of the superintendent of public instruction
shall evaluate program outcomes and report to the governor
and the education committees of the legislature on the outcomes of the grants and make recommendations related to
program modification, sustainability, and possible expansion. An interim report is due November 1, 2008. A final
report is due December 1, 2009. [2008 c 169 § 1; 2007 c 400
§ 5.]
Capt ion s n ot l aw— 200 7 c 400 : See no te fol lo win g R CW
28A.150.210.
Chapter 28A.220
Chapter 28A.220 RCW
TRAFFIC SAFETY
Sections
28A.220.010 Legislative declaration.
28A.220.020 Definitions.
28A.220.030 Administration of program—Powers and duties of school
officials.
28A.220.040 Fiscal support—Reimbursement to school districts—Enrollment fees—Deposit.
28A.220.050 Information on proper use of left-hand lane.
28A.220.060 Information on effects of alcohol and drug use.
28A.220.070 Rules.
28A.220.080 Information on motorcycle awareness.
28A.220.085 Information on driving safely among bicyclists and pedestrians.
28A.220.900 Purpose.
28A.220.010 Legislative declaration. It is the purpose
of chapter 76, Laws of 1977 to provide the students of the
state with an improved quality traffic safety education program and to develop in the youth of this state a knowledge of
the motor vehicle laws, an acceptance of personal responsibility on the public highways, an understanding of the causes
and consequences of traffic accidents, and to provide training
in the skills necessary for the safe operation of motor vehicles; to provide financial assistance to the various school districts while permitting them to achieve economies through
options in the choice of course content and methods of
instructions by adopting in whole or with modifications, a
program prepared by the office of the superintendent of public instruction, and keeping to a minimum the amount of estimating, bookkeeping and reporting required of said school
districts for financial reimbursement for such traffic safety
education programs. [1977 c 76 § 1. Formerly RCW
28A.08.005, 46.81.005.]
28A.220.010
Additional notes found at www.leg.wa.gov
28A.220.020 Definitions. The following words and
phrases whenever used in chapter 28A.220 RCW shall have
the following meaning:
(1) "Superintendent" or "state superintendent" shall
mean the superintendent of public instruction.
(2) "Traffic safety education course" shall mean an
accredited course of instruction in traffic safety education
which shall consist of two phases, classroom instruction, and
28A.220.020
[Title 28A RCW—page 71]
28A.220.030
Title 28A RCW: Common School Provisions
laboratory experience. "Laboratory experience" shall include
on-street, driving range, or simulator experience or some
combination thereof. Each phase shall meet basic course
requirements which shall be established by the superintendent of public instruction and each part of said course shall be
taught by a qualified teacher of traffic safety education. Any
portions of the course may be taught after regular school
hours or on Saturdays as well as on regular school days or as
a summer school course, at the option of the local school districts.
(3) "Qualified teacher of traffic safety education" shall
mean an instructor certificated under the provisions of chapter 28A.410 RCW and certificated by the superintendent of
public instruction to teach either the classroom phase or the
laboratory phase of the traffic safety education course, or
both, under regulations promulgated by the superintendent:
PROVIDED, That the laboratory experience phase of the
traffic safety education course may be taught by instructors
certificated under rules promulgated by the superintendent of
public instruction, exclusive of any requirement that the
instructor be certificated under the provisions of chapter
28A.410 RCW. Professional instructors certificated under
the provisions of chapter 46.82 RCW, and participating in
this program, shall be subject to reasonable qualification
requirements jointly adopted by the superintendent of public
instruction and the director of licensing.
(4) "Realistic level of effort" means the classroom and
laboratory student learning experiences considered acceptable to the superintendent of public instruction that must be
satisfactorily accomplished by the student in order to successfully complete the traffic safety education course. [1990
c 33 § 218; 1979 c 158 § 195; 1977 c 76 § 2; 1969 ex.s. c 218
§ 1; 1963 c 39 § 2. Formerly RCW 28A.08.010, 46.81.010.]
Additional notes found at www.leg.wa.gov
28A.220.030
28A.220.030 Administration of program—Powers
and duties of school officials. (1) The superintendent of
public instruction is authorized to establish a section of traffic
safety education, and through such section shall: Define a
"realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the
course, and ensure that an effective statewide program is
implemented and sustained, administer, supervise, and
develop the traffic safety education program and shall assist
local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary
rules and regulations governing the operation and scope of
the traffic safety education program; and each school district
shall submit a report to the superintendent on the condition of
its traffic safety education program: PROVIDED, That the
superintendent shall monitor the quality of the program and
carry out the purposes of this chapter.
(2) The board of directors of any school district maintaining a secondary school which includes any of the grades
10 to 12, inclusive, may establish and maintain a traffic safety
education course. If a school district elects to offer a traffic
safety education course and has within its boundaries a private accredited secondary school which includes any of the
grades 10 to 12, inclusive, at least one class in traffic safety
[Title 28A RCW—page 72]
education shall be given at times other than regular school
hours if there is sufficient demand therefor.
(3) The board of directors of a school district, or combination of school districts, may contract with any drivers’
school licensed under the provisions of chapter 46.82 RCW
to teach the laboratory phase of the traffic safety education
course. Instructors provided by any such contracting drivers’
school must be properly qualified teachers of traffic safety
education under the joint qualification requirements adopted
by the superintendent of public instruction and the director of
licensing.
(4) The superintendent shall establish a required minimum number of hours of continuing traffic safety education
for traffic safety education instructors. The superintendent
may phase in the requirement over not more than five years.
[2000 c 115 § 9; 1979 c 158 § 196; 1977 c 76 § 3; 1969 ex.s.
c 218 § 2; 1963 c 39 § 3. Formerly RCW 28A.08.020,
46.81.020.]
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Additional notes found at www.leg.wa.gov
28A.220.040 Fiscal support—Reimbursement to
school districts—Enrollment fees—Deposit. (1) Each
school district shall be reimbursed from funds appropriated
for traffic safety education.
(a) The state superintendent shall determine the perpupil reimbursement amount for the traffic safety education
course to be funded by the state. Each school district offering
an approved standard traffic safety education course shall be
reimbursed or granted an amount up to the level established
by the superintendent of public instruction as may be appropriated.
(b) The state superintendent may provide per-pupil reimbursements to school districts only where all the traffic educators have satisfied the continuing education requirement of
RCW 28A.220.030(4).
(2) The board of directors of any school district or combination of school districts may establish a traffic safety education fee, which fee when imposed shall be required to be
paid by any duly enrolled student in any such school district
prior to or while enrolled in a traffic safety education course.
Traffic safety education fees collected by a school district
shall be deposited with the county treasurer to the credit of
such school district, to be used to pay costs of the traffic
safety education course. [2000 c 115 § 10; 1984 c 258 § 331;
1977 c 76 § 4; 1969 ex.s. c 218 § 6; 1967 ex.s. c 147 § 5; 1963
c 39 § 8. Formerly RCW 28A.08.070, 46.81.070.]
28A.220.040
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Intent—1984 c 258: See note following RCW 3.34.130.
Traffic safety commission: Chapter 43.59 RCW.
Additional notes found at www.leg.wa.gov
28A.220.050 Information on proper use of left-hand
lane. The superintendent of public instruction shall include
information on the proper use of the left-hand lane on multilane highways in instructional material used in traffic safety
28A.220.050
(2010 Ed.)
Compulsory School Attendance and Admission
education courses. [1986 c 93 § 4. Formerly RCW
28A.08.080.]
Keep right except when passing, etc: RCW 46.61.100.
28A.220.060
28A.220.060 Information on effects of alcohol and
drug use. The superintendent of public instruction shall
include information on the effects of alcohol and drug use on
motor vehicle operators, including information on drug and
alcohol related traffic injury and mortality rates in the state of
Washington, and current penalties for driving under the influence of drugs or alcohol in instructional material used in traffic safety education courses. [1991 c 217 § 2.]
28A.220.070
28A.220.070 Rules. The superintendent of public
instruction, in consultation with the department of licensing,
shall adopt rules for implementing RCW 46.20.075(1)(d).
[2000 c 115 § 11.]
Finding—2000 c 115: See note following RCW 46.20.075.
28A.220.080
28A.220.080 Information on motorcycle awareness.
The superintendent of public instruction shall include information on motorcycle awareness, approved by the director of
licensing, in instructional material used in traffic safety education courses, to ensure new operators of motor vehicles
have been instructed in the importance of safely sharing the
road with motorcyclists. [2007 c 97 § 4; 2004 c 126 § 1.]
28A.220.085
28A.220.085 Information on driving safely among
bicyclists and pedestrians. The superintendent of public
instruction shall require that information on driving safely
among bicyclists and pedestrians, approved by the director of
the department of licensing, be included in instructional
material used in traffic safety education courses, to ensure
that new operators of motor vehicles have been instructed in
safely sharing the road with bicyclists and pedestrians. [2008
c 125 § 4.]
Findings—Short title—2008 c 125: See notes following RCW
46.82.420.
28A.220.900
28A.220.900 Purpose. It is the purpose of this act to
provide the financial assistance necessary to enable each high
school district to offer a course in traffic safety education and
by that means to develop in the youth of this state a knowledge of the motor vehicle laws, an acceptance of personal
responsibility on the public highways, and an understanding
of the causes and consequences of traffic accidents, with an
emphasis on the consequences, both physical and legal, of the
use of drugs or alcohol in relation to operating a motor vehicle. The course in traffic safety education shall further provide to the youthful drivers of this state training in the skills
necessary for the safe operation of motor vehicles. [1991 c
217 § 1; 1969 ex.s. c 218 § 7; 1963 c 39 § 1. Formerly RCW
28A.08.900, 46.81.900.]
(2010 Ed.)
28A.225.005
Chapter 28A.225 RCW
COMPULSORY SCHOOL ATTENDANCE
AND ADMISSION
Chapter 28A.225
Sections
28A.225.005 Compulsory education, requirements—Informing students
and parents annually.
28A.225.010 Attendance mandatory—Age—Exceptions.
28A.225.015 Attendance mandatory—Six or seven year olds—Unexcused
absences—Petition.
28A.225.020 School’s duties upon child’s failure to attend school.
28A.225.025 Community truancy boards.
28A.225.030 Petition to juvenile court for violations by a parent or child—
School district responsibilities.
28A.225.031 Alcohol or controlled substances testing—Authority to order.
28A.225.035 Petition to juvenile court—Contents—Court action—Referral to community truancy board—Transfer of jurisdiction
upon relocation.
28A.225.055 Excused absences—Search and rescue activities.
28A.225.060 Custody and disposition of child absent from school without
excuse.
28A.225.080 Employment permits.
28A.225.090 Court orders—Penalties—Parents’ defense.
28A.225.095 Authority of court commissioners and family law commissioners to hear cases under this chapter.
28A.225.110 Fines applied to support of schools.
28A.225.115 Educational services—Funding for children referred to community truancy board.
28A.225.140 Enforcing officers not personally liable for costs.
28A.225.151 Reports.
28A.225.160 Qualification for admission to district’s schools—Fees for
preadmission screening.
28A.225.170 Admission to schools—Children on United States reservations—Idaho residents with Washington addresses.
28A.225.200 Education of pupils in another district—Limitation as to state
apportionment—Exemption.
28A.225.210 Admission of district pupils tuition free.
28A.225.215 Enrollment of children without legal residences.
28A.225.217 Children of military families—Continued enrollment in district schools.
28A.225.220 Adults, children from other districts, agreements for attending school—Tuition.
28A.225.225 Applications from nonresident students or students receiving
home-based instruction to attend district school—School
employees’ children—Acceptance and rejection standards—Notification.
28A.225.230 Appeal from certain decisions to deny student’s request to
attend nonresident district—Procedure.
28A.225.240 Apportionment credit.
28A.225.250 Cooperative programs among school districts—Rules.
28A.225.260 Reciprocity exchanges with other states.
28A.225.270 Intradistrict enrollment options policies.
28A.225.280 Transfer students’ eligibility for extracurricular activities.
28A.225.290 Enrollment options information booklet (as amended by
2009 c 450).
28A.225.290 Enrollment options information booklet—Posting on web
site (as amended by 2009 c 524).
28A.225.290 Enrollment options information (as amended by 2009 c 556).
28A.225.300 Enrollment options information to parents.
28A.225.310 Attendance in school district of choice—Impact on existing
cooperative arrangements.
28A.225.330 Enrolling students from other districts—Requests for information and permanent records—Withheld transcripts—
Immunity from liability—Notification to teachers and
security personnel—Rules.
28A.225.005 Compulsory education, requirements—
Informing students and parents annually. Each school
within a school district shall inform the students and the parents of the students enrolled in the school about the compulsory education requirements under this chapter. The school
shall provide access to the information at least annually. Providing online access to the information satisfies the requirements of this section unless a parent or guardian specifically
requests information to be provided in written form. [2009 c
556 § 5; 1992 c 205 § 201.]
28A.225.005
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 73]
28A.225.010
Title 28A RCW: Common School Provisions
28A.225.010 Attendance mandatory—Age—Exceptions. (1) All parents in this state of any child eight years of
age and under eighteen years of age shall cause such child to
attend the public school of the district in which the child
resides and such child shall have the responsibility to and
therefore shall attend for the full time when such school may
be in session unless:
(a) The child is attending an approved private school for
the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4);
(b) The child is receiving home-based instruction as provided in subsection (4) of this section;
(c) The child is attending an education center as provided
in chapter 28A.205 RCW;
(d) The school district superintendent of the district in
which the child resides shall have excused such child from
attendance because the child is physically or mentally unable
to attend school, is attending a residential school operated by
the department of social and health services, is incarcerated
in an adult correctional facility, or has been temporarily
excused upon the request of his or her parents for purposes
agreed upon by the school authorities and the parent: PROVIDED, That such excused absences shall not be permitted if
deemed to cause a serious adverse effect upon the student’s
educational progress: PROVIDED FURTHER, That students excused for such temporary absences may be claimed
as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW
28A.150.250 and 28A.150.260 and shall not affect school
district compliance with the provisions of RCW
28A.150.220; or
(e) The child is sixteen years of age or older and:
(i) The child is regularly and lawfully employed and
either the parent agrees that the child should not be required
to attend school or the child is emancipated in accordance
with chapter 13.64 RCW;
(ii) The child has already met graduation requirements in
accordance with state board of education rules and regulations; or
(iii) The child has received a certificate of educational
competence under rules and regulations established by the
state board of education under RCW 28A.305.190.
(2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child.
(3) An approved private school for the purposes of this
chapter and chapter 28A.200 RCW shall be one approved
under regulations established by the state board of education
pursuant to RCW 28A.305.130.
(4) For the purposes of this chapter and chapter 28A.200
RCW, instruction shall be home-based if it consists of
planned and supervised instructional and related educational
activities, including a curriculum and instruction in the basic
skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music,
provided for a number of hours equivalent to the total annual
program hours per grade level established for approved private schools under RCW 28A.195.010 and 28A.195.040 and
if such activities are:
(a) Provided by a parent who is instructing his or her
child only and are supervised by a certificated person. A cer28A.225.010
[Title 28A RCW—page 74]
tificated person for purposes of this chapter and chapter
28A.200 RCW shall be a person certified under chapter
28A.410 RCW. For purposes of this section, "supervised by a
certificated person" means: The planning by the certificated
person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact
hour per week with the child being supervised by the certificated person; and evaluation of such child’s progress by the
certificated person. The number of children supervised by the
certificated person shall not exceed thirty for purposes of this
subsection; or
(b) Provided by a parent who is instructing his or her
child only and who has either earned forty-five college level
quarter credit hours or its equivalent in semester hours or has
completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or
(c) Provided by a parent who is deemed sufficiently
qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.
(5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore, the
provisions of subsection (4) of this section relating to the
nature and quantity of instructional and related educational
activities shall be liberally construed. [1998 c 244 § 14; 1996
c 134 § 1; 1990 c 33 § 219; 1986 c 132 § 1; 1985 c 441 § 1;
1980 c 59 § 1; 1979 ex.s. c 201 § 4; 1973 c 51 § 1; 1972 ex.s.
c 10 § 2. Prior: 1971 ex.s. c 215 § 2; 1971 ex.s. c 51 § 1; 1969
ex.s. c 109 § 2; 1969 ex.s. c 223 § 28A.27.010; prior: 1909 p
364 § 1; RRS § 5072; prior: 1907 c 240 § 7; 1907 c 231 § 1;
1905 c 162 § 1; 1903 c 48 § 1; 1901 c 177 § 11; 1899 c 140 §
1; 1897 c 118 § 71. Formerly RCW 28A.27.010, 28.27.010.]
Private schools: RCW 28A.305.130(5), 28A.195.010 through 28A.195.050.
Work permits for minors required: RCW 49.12.123.
Additional notes found at www.leg.wa.gov
28A.225.015 Attendance mandatory—Six or seven
year olds—Unexcused absences—Petition. (1) If a parent
enrolls a child who is six or seven years of age in a public
school, the child is required to attend and that parent has the
responsibility to ensure the child attends for the full time that
school is in session. An exception shall be made to this
requirement for children whose parents formally remove
them from enrollment if the child is less than eight years old
and a petition has not been filed against the parent under subsection (3) of this section. The requirement to attend school
under this subsection does not apply to a child enrolled in a
public school part-time for the purpose of receiving ancillary
services. A child required to attend school under this subsection may be temporarily excused upon the request of his or
her parent for purposes agreed upon by the school district and
parent.
(2) If a six or seven year-old child is required to attend
public school under subsection (1) of this section and that
child has unexcused absences, the public school in which the
child is enrolled shall:
(a) Inform the child’s custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child
has failed to attend school after one unexcused absence
within any month during the current school year;
28A.225.015
(2010 Ed.)
Compulsory School Attendance and Admission
(b) Request a conference or conferences with the custodial parent, parents, or guardian and child at a time reasonably convenient for all persons included for the purpose of
analyzing the causes of the child’s absences after two unexcused absences within any month during the current school
year. If a regularly scheduled parent-teacher conference day
is to take place within thirty days of the second unexcused
absence, then the school district may schedule this conference on that day; and
(c) Take steps to eliminate or reduce the child’s
absences. These steps shall include, where appropriate,
adjusting the child’s school program or school or course
assignment, providing more individualized or remedial
instruction, offering assistance in enrolling the child in available alternative schools or programs, or assisting the parent
or child to obtain supplementary services that may help eliminate or ameliorate the cause or causes for the absence from
school.
(3) If a child required to attend public school under subsection (1) of this section has seven unexcused absences in a
month or ten unexcused absences in a school year, the school
district shall file a petition for civil action as provided in
RCW 28A.225.035 against the parent of the child.
(4) This section does not require a six or seven year old
child to enroll in a public or private school or to receive
home-based instruction. This section only applies to six or
seven year old children whose parents enroll them full time in
public school and do not formally remove them from enrollment as provided in subsection (1) of this section. [1999 c
319 § 6.]
28A.225.020 School’s duties upon child’s failure to
attend school. (1) If a child required to attend school under
RCW 28A.225.010 fails to attend school without valid justification, the public school in which the child is enrolled shall:
(a) Inform the child’s custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child
has failed to attend school after one unexcused absence
within any month during the current school year. School
officials shall inform the parent of the potential consequences
of additional unexcused absences. If the custodial parent,
parents, or guardian is not fluent in English, the preferred
practice is to provide this information in a language in which
the custodial parent, parents, or guardian is fluent;
(b) Schedule a conference or conferences with the custodial parent, parents, or guardian and child at a time reasonably convenient for all persons included for the purpose of
analyzing the causes of the child’s absences after two unexcused absences within any month during the current school
year. If a regularly scheduled parent-teacher conference day
is to take place within thirty days of the second unexcused
absence, then the school district may schedule this conference on that day; and
(c) Take steps to eliminate or reduce the child’s
absences. These steps shall include, where appropriate,
adjusting the child’s school program or school or course
assignment, providing more individualized or remedial
instruction, providing appropriate vocational courses or work
experience, referring the child to a community truancy board,
if available, requiring the child to attend an alternative school
or program, or assisting the parent or child to obtain supple28A.225.020
(2010 Ed.)
28A.225.025
mentary services that might eliminate or ameliorate the cause
or causes for the absence from school. If the child’s parent
does not attend the scheduled conference, the conference may
be conducted with the student and school official. However,
the parent shall be notified of the steps to be taken to eliminate or reduce the child’s absence.
(2) For purposes of this chapter, an "unexcused absence"
means that a child:
(a) Has failed to attend the majority of hours or periods
in an average school day or has failed to comply with a more
restrictive school district policy; and
(b) Has failed to meet the school district’s policy for
excused absences.
(3) If a child transfers from one school district to another
during the school year, the receiving school or school district
shall include the unexcused absences accumulated at the previous school or from the previous school district for purposes
of this section, RCW 28A.225.030, and 28A.225.015. [2009
c 266 § 1; 1999 c 319 § 1; 1996 c 134 § 2; 1995 c 312 § 67;
1992 c 205 § 202; 1986 c 132 § 2; 1979 ex.s. c 201 § 1. Formerly RCW 28A.27.020.]
Additional notes found at www.leg.wa.gov
28A.225.025
28A.225.025 Community truancy boards. (1) For
purposes of this chapter, "community truancy board" means a
board composed of members of the local community in
which the child attends school. Juvenile courts may establish
and operate community truancy boards. If the juvenile court
and the school district agree, a school district may establish
and operate a community truancy board under the jurisdiction
of the juvenile court. Juvenile courts may create a community truancy board or may use other entities that exist or are
created, such as diversion units. However, a diversion unit or
other existing entity must agree before it is used as a truancy
board. Duties of a community truancy board shall include,
but not be limited to, recommending methods for improving
school attendance such as assisting the parent or the child to
obtain supplementary services that might eliminate or ameliorate the causes for the absences or suggesting to the school
district that the child enroll in another school, an alternative
education program, an education center, a skill center, a dropout prevention program, or another public or private educational program.
(2) The legislature finds that utilization of community
truancy boards, or other diversion units that fulfill a similar
function, is the preferred means of intervention when preliminary methods of notice and parent conferences and taking
appropriate steps to eliminate or reduce unexcused absences
have not been effective in securing the child’s attendance at
school. The legislature intends to encourage and support the
development and expansion of community truancy boards
and other diversion programs which are effective in promoting school attendance and preventing the need for more intrusive intervention by the court. Operation of a school truancy
board does not excuse a district from the obligation of filing
a petition within the requirements of RCW 28A.225.015(3).
[2009 c 266 § 2; 1999 c 319 § 5; 1996 c 134 § 9; 1995 c 312
§ 66.]
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 75]
28A.225.030
Title 28A RCW: Common School Provisions
28A.225.030 Petition to juvenile court for violations
by a parent or child—School district responsibilities. (1)
If a child is required to attend school under RCW
28A.225.010 and if the actions taken by a school district
under RCW 28A.225.020 are not successful in substantially
reducing an enrolled student’s absences from public school,
not later than the seventh unexcused absence by a child
within any month during the current school year or not later
than the tenth unexcused absence during the current school
year the school district shall file a petition and supporting
affidavit for a civil action with the juvenile court alleging a
violation of RCW 28A.225.010: (a) By the parent; (b) by the
child; or (c) by the parent and the child. Except as provided in
this subsection, no additional documents need be filed with
the petition.
(2) The district shall not later than the fifth unexcused
absence in a month:
(a) Enter into an agreement with a student and parent that
establishes school attendance requirements;
(b) Refer a student to a community truancy board, if
available, as defined in RCW 28A.225.025. The community
truancy board shall enter into an agreement with the student
and parent that establishes school attendance requirements
and take other appropriate actions to reduce the child’s
absences; or
(c) File a petition under subsection (1) of this section.
(3) The petition may be filed by a school district
employee who is not an attorney.
(4) If the school district fails to file a petition under this
section, the parent of a child with five or more unexcused
absences in any month during the current school year or upon
the tenth unexcused absence during the current school year
may file a petition with the juvenile court alleging a violation
of RCW 28A.225.010.
(5) Petitions filed under this section may be served by
certified mail, return receipt requested. If such service is
unsuccessful, or the return receipt is not signed by the
addressee, personal service is required. [1999 c 319 § 2;
1996 c 134 § 3; 1995 c 312 § 68; 1992 c 205 § 203; 1990 c 33
§ 220; 1986 c 132 § 3; 1979 ex.s. c 201 § 2. Formerly RCW
28A.27.022.]
28A.225.030
Additional notes found at www.leg.wa.gov
28A.225.031 Alcohol or controlled substances testing—Authority to order. The authority of a court to issue
an order for testing to determine whether the child has consumed or used alcohol or controlled substances applies to all
persons subject to a petition under RCW 28A.225.030
regardless of whether the petition was filed before July 27,
1997. [1997 c 68 § 3.]
28A.225.031
28A.225.035 Petition to juvenile court—Contents—
Court action—Referral to community truancy board—
Transfer of jurisdiction upon relocation. (1) A petition for
a civil action under RCW 28A.225.030 or 28A.225.015 shall
consist of a written notification to the court alleging that:
(a) The child has unexcused absences during the current
school year;
(b) Actions taken by the school district have not been
successful in substantially reducing the child’s absences from
school; and
28A.225.035
[Title 28A RCW—page 76]
(c) Court intervention and supervision are necessary to
assist the school district or parent to reduce the child’s
absences from school.
(2) The petition shall set forth the name, date of birth,
school, address, gender, race, and ethnicity of the child and
the names and addresses of the child’s parents, and shall set
forth whether the child and parent are fluent in English and
whether there is an existing individualized education program.
(3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter and provide information about what
the court might order under RCW 28A.225.090.
(4) When a petition is filed under RCW 28A.225.030 or
28A.225.015, the juvenile court shall schedule a hearing at
which the court shall consider the petition, or if the court
determines that a referral to an available community truancy
board would substantially reduce the child’s unexcused
absences, the court may refer the case to a community truancy board under the jurisdiction of the juvenile court.
(5) If a referral is made to a community truancy board,
the truancy board must meet with the child, a parent, and the
school district representative and enter into an agreement
with the petitioner and respondent regarding expectations and
any actions necessary to address the child’s truancy within
twenty days of the referral. If the petition is based on RCW
28A.225.015, the child shall not be required to attend and the
agreement under this subsection shall be between the truancy
board, the school district, and the child’s parent. The court
may permit the truancy board or truancy prevention counselor to provide continued supervision over the student, or parent if the petition is based on RCW 28A.225.015.
(6) If the truancy board fails to reach an agreement, or
the parent or student does not comply with the agreement, the
truancy board shall return the case to the juvenile court for a
hearing.
(7)(a) Notwithstanding the provisions in subsection (4)
of this section, a hearing shall not be required if other actions
by the court would substantially reduce the child’s unexcused
absences. When a juvenile court hearing is held, the court
shall:
(i) Separately notify the child, the parent of the child, and
the school district of the hearing. If the parent is not fluent in
English, the preferred practice is for notice to be provided in
a language in which the parent is fluent;
(ii) Notify the parent and the child of their rights to
present evidence at the hearing; and
(iii) Notify the parent and the child of the options and
rights available under chapter 13.32A RCW.
(b) If the child is not provided with counsel, the advisement of rights must take place in court by means of a colloquy between the court, the child if eight years old or older,
and the parent.
(8) The court may require the attendance of the child if
eight years old or older, the parents, and the school district at
any hearing on a petition filed under RCW 28A.225.030.
(9) A school district is responsible for determining who
shall represent the school district at hearings on a petition
filed under RCW 28A.225.030 or 28A.225.015.
(10) The court may permit the first hearing to be held
without requiring that either party be represented by legal
(2010 Ed.)
Compulsory School Attendance and Admission
counsel, and to be held without a guardian ad litem for the
child under RCW 4.08.050. At the request of the school district, the court shall permit a school district representative
who is not an attorney to represent the school district at any
future hearings.
(11) If the child is in a special education program or has
a diagnosed mental or emotional disorder, the court shall
inquire as to what efforts the school district has made to assist
the child in attending school.
(12) If the allegations in the petition are established by a
preponderance of the evidence, the court shall grant the petition and enter an order assuming jurisdiction to intervene for
the period of time determined by the court, after considering
the facts alleged in the petition and the circumstances of the
juvenile, to most likely cause the juvenile to return to and
remain in school while the juvenile is subject to this chapter.
In no case may the order expire before the end of the school
year in which it is entered.
(13) If the court assumes jurisdiction, the school district
shall regularly report to the court any additional unexcused
absences by the child.
(14) Community truancy boards and the courts shall
coordinate, to the extent possible, proceedings and actions
pertaining to children who are subject to truancy petitions
and at-risk youth petitions in RCW 13.32A.191 or child in
need of services petitions in RCW 13.32A.140.
(15) If after a juvenile court assumes jurisdiction in one
county the child relocates to another county, the juvenile
court in the receiving county shall, upon the request of a
school district or parent, assume jurisdiction of the petition
filed in the previous county. [2009 c 266 § 3; 2001 c 162 § 1;
1999 c 319 § 3; 1997 c 68 § 1. Prior: 1996 c 134 § 4; 1996 c
133 § 31; 1995 c 312 § 69.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Additional notes found at www.leg.wa.gov
28A.225.055 Excused absences—Search and rescue
activities. The legislature finds that state-recognized search
and rescue activities, as defined in chapter 38.52 RCW and
the rules interpreting the chapter, are recognized as activities
deserving of excuse from school. Therefore, the legislature
strongly encourages that excused absences be granted to students for up to five days each year to participate in search and
rescue activities, subject to approval by the student’s parent
and the principal of the student’s school, and provided that
the activities do not cause a serious adverse effect upon the
student’s educational progress. [2002 c 214 § 1.]
28A.225.055
28A.225.060 Custody and disposition of child absent
from school without excuse. Any school district official,
sheriff, deputy sheriff, marshal, police officer, or any other
officer authorized to make arrests, may take into custody
without a warrant a child who is required under the provisions of RCW 28A.225.010 through 28A.225.140 to attend
school and is absent from school without an approved excuse,
and shall deliver the child to: (1) The custody of a person in
parental relation to the child; (2) the school from which the
child is absent; or (3) a program designated by the school district. [1995 c 312 § 73; 1990 c 33 s 223; 1979 ex.s. c 201 s 5;
1977 ex.s. c 291 s 52; 1969 ex.s. c 223 s 28A.27.070. Prior:
28A.225.060
(2010 Ed.)
28A.225.090
1909 c 97 p 366 s 5; RRS s 5076; prior: 1907 c 231 s 5; 1905
c 162 s 5. Formerly RCW 28A.27.070, 28.27.070.]
Additional notes found at www.leg.wa.gov
28A.225.080 Employment permits. Except as otherwise provided in this code, no child under the age of fifteen
years shall be employed for any purpose by any person, company or corporation, in this state during the hours which the
public schools of the district in which such child resides are
in session, unless the said child shall present a certificate
from a school superintendent as provided for in RCW
28A.225.010, excusing the said child from attendance in the
public schools and setting forth the reason for such excuse,
the residence and age of the child, and the time for which
such excuse is given. Every owner, superintendent, or overseer of any establishment, company or corporation shall keep
such certificate on file so long as such child is employed by
him or her. The form of said certificate shall be furnished by
the superintendent of public instruction. Proof that any child
under fifteen years of age is employed during any part of the
period in which public schools of the district are in session,
shall be deemed prima facie evidence of a violation of this
section. [1990 c 33 § 225; 1969 ex.s. c 223 § 28A.27.090.
Prior: 1909 c 97 p 365 § 2; RRS § 5073; prior: 1907 c 231 §
2; 1905 c 162 § 2; 1903 c 48 § 2. Formerly RCW 28A.27.090,
28.27.090.]
28A.225.080
28A.225.090 Court orders—Penalties—Parents’
defense. (1) A court may order a child subject to a petition
under RCW 28A.225.035 to do one or more of the following:
(a) Attend the child’s current school, and set forth minimum attendance requirements, including suspensions;
(b) If there is space available and the program can provide educational services appropriate for the child, order the
child to attend another public school, an alternative education
program, center, a skill center, dropout prevention program,
or another public educational program;
(c) Attend a private nonsectarian school or program
including an education center. Before ordering a child to
attend an approved or certified private nonsectarian school or
program, the court shall: (i) Consider the public and private
programs available; (ii) find that placement is in the best
interest of the child; and (iii) find that the private school or
program is willing to accept the child and will not charge any
fees in addition to those established by contract with the student’s school district. If the court orders the child to enroll in
a private school or program, the child’s school district shall
contract with the school or program to provide educational
services for the child. The school district shall not be
required to contract for a weekly rate that exceeds the state
general apportionment dollars calculated on a weekly basis
generated by the child and received by the district. A school
district shall not be required to enter into a contract that is
longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract
if the child is no longer enrolled in the district;
(d) Be referred to a community truancy board, if available; or
(e) Submit to testing for the use of controlled substances
or alcohol based on a determination that such testing is appro28A.225.090
[Title 28A RCW—page 77]
28A.225.095
Title 28A RCW: Common School Provisions
priate to the circumstances and behavior of the child and will
facilitate the child’s compliance with the mandatory attendance law and, if any test ordered under this subsection indicates the use of controlled substances or alcohol, order the
minor to abstain from the unlawful consumption of controlled substances or alcohol and adhere to the recommendations of the drug assessment at no expense to the school.
(2) If the child fails to comply with the court order, the
court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to
detention such as community restitution. Failure by a child to
comply with an order issued under this subsection shall not
be subject to detention for a period greater than that permitted
pursuant to a civil contempt proceeding against a child under
chapter 13.32A RCW. Detention ordered under this subsection may be for no longer than seven days. A warrant of
arrest for a child under this subsection may not be served on
a child inside of school during school hours in a location
where other students are present.
(3) Any parent violating any of the provisions of either
RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be
fined not more than twenty-five dollars for each day of unexcused absence from school. The court shall remit fifty percent of the fine collected under this section to the child’s
school district. It shall be a defense for a parent charged with
violating RCW 28A.225.010 to show that he or she exercised
reasonable diligence in attempting to cause a child in his or
her custody to attend school or that the child’s school did not
perform its duties as required in RCW 28A.225.020. The
court may order the parent to provide community restitution
instead of imposing a fine. Any fine imposed pursuant to this
section may be suspended upon the condition that a parent
charged with violating RCW 28A.225.010 shall participate
with the school and the child in a supervised plan for the
child’s attendance at school or upon condition that the parent
attend a conference or conferences scheduled by a school for
the purpose of analyzing the causes of a child’s absence.
(4) If a child continues to be truant after entering into a
court-approved order with the truancy board under RCW
28A.225.035, the juvenile court shall find the child in contempt, and the court may order the child to be subject to
detention, as provided in RCW 7.21.030(2)(e), or may
impose alternatives to detention such as meaningful community restitution. Failure by a child to comply with an order
issued under this subsection may not subject a child to detention for a period greater than that permitted under a civil contempt proceeding against a child under chapter 13.32A RCW.
(5) Subsections (1), (2), and (4) of this section shall not
apply to a six or seven year-old child required to attend public
school under RCW 28A.225.015. [2009 c 266 § 4; 2008 c
171 § 1; 2002 c 175 § 29. Prior: 2000 c 162 § 15; 2000 c 162
§ 6; 2000 c 61 § 1; 1999 c 319 § 4; 1998 c 296 § 39; 1997 c
68 § 2; prior: 1996 c 134 § 6; 1996 c 133 § 32; 1995 c 312 §
74; 1992 c 205 § 204; 1990 c 33 § 226; 1987 c 202 § 189;
1986 c 132 § 5; 1979 ex.s. c 201 § 6; 1969 ex.s. c 223 §
28A.27.100; prior: 1909 c 97 p 365 § 3; RRS § 5074; prior:
1907 c 231 § 3; 1905 c 162 § 3. Formerly RCW 28A.27.100,
28.27.100.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—2000 c 162 §§ 11-17: See note following RCW
13.32A.060.
[Title 28A RCW—page 78]
Findings—Intent—1998 c 296 §§ 36-39: See note following RCW
7.21.030.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Intent—1987 c 202: See note following RCW 2.04.190.
Additional notes found at www.leg.wa.gov
28A.225.095 Authority of court commissioners and
family law commissioners to hear cases under this chapter. In any judicial district having a court commissioner, the
court commissioner shall have the power, authority, and
jurisdiction, concurrent with a juvenile court judge, to hear
all cases under RCW 28A.225.030, 28A.225.090, and
28A.225.035 and to enter judgment and make orders with the
same power, force, and effect as any judge of the juvenile
court, subject to motion or demand by any party within ten
days from the entry of the order or judgment by the court
commissioner as provided in RCW 2.24.050. In any judicial
district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall
have the power, authority, and jurisdiction, concurrent with a
juvenile court judge, to hear cases under RCW 28A.225.030,
28A.225.090, and 28A.225.035 and to enter judgment and
make orders with the same power, force, and effect as any
judge of the juvenile court, subject to motion or demand by
any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW
2.24.050. [1995 c 312 § 71.]
28A.225.095
Additional notes found at www.leg.wa.gov
28A.225.110 Fines applied to support of schools.
Notwithstanding the provisions of RCW 10.82.070, fifty percent of all fines except as otherwise provided in RCW
28A.225.010 through 28A.225.140 shall be applied to the
support of the public schools in the school district where such
offense was committed: PROVIDED, That all fees, fines,
forfeitures, and penalties collected or assessed by a district
court because of the violation of a state law shall be remitted
as provided in chapter 3.62 RCW, and fifty percent shall be
paid to the county treasurer who shall deposit such amount to
the credit of the courts in the county for the exclusive purpose
of enforcing the provisions of RCW 28A.225.010 through
28A.225.140. [1995 c 312 § 75; 1990 c 33 § 228; 1987 c 202
§ 191; 1969 ex.s. c 199 § 54; 1969 ex.s. c 223 § 28A.27.104.
Prior: 1909 c 97 p 368 § 11; RRS § 5082; prior: 1907 c 231
§ 12; 1905 c 162 § 11. Formerly RCW 28A.27.104,
28.27.104, 28.27.100, part.]
28A.225.110
Intent—1987 c 202: See note following RCW 2.04.190.
Additional notes found at www.leg.wa.gov
28A.225.115 Educational services—Funding for children referred to community truancy board. The superintendent of public instruction, subject to available funding,
shall allocate funds to provide educational services for children who have been referred to a community truancy board or
to the courts under RCW 28A.225.030. The funds shall be
used on behalf of such children for enrollment in skill centers, education centers, alternative programs, and in other
public or private educational programs. Decisions regarding
28A.225.115
(2010 Ed.)
Compulsory School Attendance and Admission
the expenditure of the funds shall be made by the community
truancy board or the courts, whichever is applicable. The
amount of the assistance for each child shall be determined in
accordance with the omnibus appropriations act. These funds
shall be in excess of any other funds provided through RCW
28A.150.260 as basic education and other state, federal, or
local sources. [1996 c 134 § 11.]
28A.225.140
28A.225.140 Enforcing officers not personally liable
for costs. No officer performing any duty under any of the
provisions of RCW 28A.225.010 through 28A.225.140, or
under the provisions of any rules that may be passed in pursuance hereof, shall in any wise become liable for any costs
that may accrue in the performance of any duty prescribed by
RCW 28A.225.010 through 28A.225.140. [1990 c 33 § 231;
1969 ex.s. c 223 § 28A.27.130. Prior: 1909 c 97 p 368 § 12;
RRS § 5083; prior: 1907 c 231 § 13; 1905 c 162 § 12. Formerly RCW 28A.27.130, 28.27.130.]
28A.225.151
28A.225.151 Reports. (1) As required under subsection (2) of this section, each school shall document the
actions taken under RCW 28A.225.030 and report this information to the school district superintendent who shall compile the data for all the schools in the district and prepare an
annual school district report for each school year and submit
the report to the superintendent of public instruction. The
reports shall be made upon forms furnished by the superintendent of public instruction and shall be transmitted as determined by the superintendent of public instruction.
(2) The reports under subsection (1) of this section shall
include:
(a) The number of enrolled students and the number of
unexcused absences;
(b) Documentation of the steps taken by the school district under each subsection of RCW 28A.225.020 at the
request of the superintendent of public instruction. Each year,
by May 1st, the superintendent of public instruction shall
select ten school districts to submit the report at the end of the
following school year. The ten districts shall represent different areas of the state and be of varied sizes. In addition, the
superintendent of public instruction shall require any district
that fails to keep appropriate records to submit a full report to
the superintendent of public instruction under this subsection.
All school districts shall document steps taken under RCW
28A.225.020 in each student’s record, and make those
records available upon request consistent with the laws governing student records;
(c) The number of enrolled students with ten or more
unexcused absences in a school year or five or more unexcused absences in a month during a school year;
(d) A description of any programs or schools developed
to serve students who have had five or more unexcused
absences in a month or ten in a year including information
about the number of students in the program or school and the
number of unexcused absences of students during and after
participation in the program. The school district shall also
describe any placements in an approved private nonsectarian
school or program or certified program under a court order
under RCW 28A.225.090; and
(2010 Ed.)
28A.225.170
(e) The number of petitions filed by a school district with
the juvenile court.
(3) A report required under this section shall not disclose
the name or other identification of a child or parent.
(4) The superintendent of public instruction shall collect
these reports from all school districts and prepare an annual
report for each school year to be submitted to the legislature
no later than December 15th of each year. [1996 c 134 § 5;
1995 c 312 § 72.]
Additional notes found at www.leg.wa.gov
28A.225.160 Qualification for admission to district’s
schools—Fees for preadmission screening. (1) Except as
provided in subsection (2) of this section and otherwise provided by law, it is the general policy of the state that the common schools shall be open to the admission of all persons
who are five years of age and less than twenty-one years
residing in that school district. Except as otherwise provided
by law or rules adopted by the superintendent of public
instruction, districts may establish uniform entry qualifications, including but not limited to birth date requirements, for
admission to kindergarten and first grade programs of the
common schools. Such rules may provide for exceptions
based upon the ability, or the need, or both, of an individual
student. For the purpose of complying with any rule adopted
by the superintendent of public instruction that authorizes a
preadmission screening process as a prerequisite to granting
exceptions to the uniform entry qualifications, a school district may collect fees to cover expenses incurred in the
administration of any preadmission screening process: PROVIDED, That in so establishing such fee or fees, the district
shall adopt rules for waiving and reducing such fees in the
cases of those persons whose families, by reason of their low
income, would have difficulty in paying the entire amount of
such fees.
(2) A student who meets the definition of a child of a
military family in transition under Article II of RCW
28A.705.010 shall be permitted to continue enrollment at the
grade level in the common schools commensurate with the
grade level of the student when attending school in the sending state as defined in Article II of RCW 28A.705.010,
regardless of age or birthdate requirements. [2009 c 380 § 3;
2006 c 263 § 703; 1999 c 348 § 5; 1986 c 166 § 1; 1979 ex.s.
c 250 § 4; 1977 ex.s. c 359 § 14; 1969 ex.s. c 223 §
28A.58.190. Prior: 1909 c 97 p 261 § 1, part; RRS § 4680,
part; prior: 1897 c 118 § 64, part; 1890 p 371 § 44, part. Formerly RCW 28A.58.190, 28.58.190 part, 28.01.060.]
28A.225.160
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Intent—1999 c 348: See note following RCW 28A.205.010.
Basic Education Act, RCW 28A.225.160 as part of: RCW 28A.150.200.
Additional notes found at www.leg.wa.gov
28A.225.170 Admission to schools—Children on
United States reservations—Idaho residents with Washington addresses. (1) Any child who is of school age and
otherwise eligible residing within the boundaries of any military, naval, lighthouse, or other United States reservation,
national park, or national forest or residing upon rented or
leased undeeded lands within any Indian reservation within
28A.225.170
[Title 28A RCW—page 79]
28A.225.200
Title 28A RCW: Common School Provisions
the state of Washington, shall be admitted to the public
school, or schools, of any contiguous district without payment of tuition: PROVIDED, That the United States authorities in charge of such reservation or park shall cooperate
fully with state, county, and school district authorities in the
enforcement of the laws of this state relating to the compulsory attendance of children of school age, and all laws relating to and regulating school attendance.
(2) Any child who is of school age and otherwise eligible, residing in a home that is located in Idaho but that has a
Washington address for the purposes of the United States
postal service, shall be admitted, without payment of tuition,
to the nearest Washington school district and shall be considered a resident student for state apportionment and all other
purposes. [2003 c 411 § 1; 1969 ex.s. c 223 § 28A.58.210.
Prior: 1945 c 141 § 10; 1933 c 28 § 10; 1925 ex.s. c 93 § 1;
Rem. Supp. 1945 § 4680-1. Formerly RCW 28A.58.210,
28.58.210, 28.27.140.]
28A.225.200 Education of pupils in another district—Limitation as to state apportionment—Exemption.
(Effective until September 1, 2011.) (1) A local district may
be authorized by the educational service district superintendent to transport and educate its pupils in other districts for
one year, either by payment of a compensation agreed upon
by such school districts, or under other terms mutually satisfactory to the districts concerned when this will afford better
educational facilities for the pupils and when a saving may be
effected in the cost of education: PROVIDED, That notwithstanding any other provision of law, the amount to be paid by
the state to the resident school district for apportionment purposes and otherwise payable pursuant to RCW 28A.150.100,
28A.150.250 through 28A.150.290, 28A.150.350 through
28 A.15 0.4 10 , 2 8A.1 60 .1 50 th ro ug h 2 8A.1 60 .2 00 ,
28A.300.035, 28A.300.170, and 28A.500.010 shall not be
greater than the regular apportionment for each high school
student of the receiving district. Such authorization may be
extended for an additional year at the discretion of the educational service district superintendent.
(2) Subsection (1) of this section shall not apply to districts participating in a cooperative project established under
RCW 28A.340.030 which exceeds two years in duration or to
nonhigh school districts participating in an interdistrict cooperative under RCW 28A.340.080 through 28A.340.090.
[2010 c 99 § 5; 1990 c 33 § 234; 1988 c 268 § 6; 1979 ex.s. c
140 § 1; 1975 1st ex.s. c 275 § 111; 1969 ex.s. c 176 § 141;
1969 ex.s. c 223 § 28A.58.225. Prior: 1965 ex.s. c 154 § 10.
Formerly RCW 28A.58.225, 28.24.110.]
28A.225.200
Expiration date—2010 c 99 § 5: "Section 5 of this act expires September 1, 2011." [2010 c 99 § 12.]
Findings—Intent—2010 c 99: See note following RCW 28A.340.080.
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
Additional notes found at www.leg.wa.gov
such school districts, or under other terms mutually satisfactory to the districts concerned when this will afford better
educational facilities for the pupils and when a saving may be
effected in the cost of education. Notwithstanding any other
provision of law, the amount to be paid by the state to the resident school district for apportionment purposes and otherwise payable pursuant to RCW 28A.150.250 through
28 A.15 0.2 90 , 2 8A.1 50 .3 5 0 th ro ug h 2 8A.1 50 .4 1 0,
28A.160.150 through 28A.160.200, 28A.300.035, and
28A.300.170 shall not be greater than the regular apportionment for each high school student of the receiving district.
Such authorization may be extended for an additional year at
the discretion of the educational service district superintendent.
(2) Subsection (1) of this section shall not apply to districts participating in a cooperative project established under
RCW 28A.340.030 which exceeds two years in duration or to
nonhigh school districts participating in an interdistrict cooperative under RCW 28A.340.080 through 28A.340.090.
[2010 c 99 § 6; 2009 c 548 § 706; 1990 c 33 § 234; 1988 c 268
§ 6; 1979 ex.s. c 140 § 1; 1975 1st ex.s. c 275 § 111; 1969
ex.s. c 176 § 141; 1969 ex.s. c 223 § 28A.58.225. Prior:
1965 ex.s. c 154 § 10. Formerly RCW 28A.58.225,
28.24.110.]
Effective date—2010 c 99 § 6: "Section 6 of this act takes effect September 1, 2011." [2010 c 99 § 13.]
Findings—Intent—2010 c 99: See note following RCW 28A.340.080.
Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
Additional notes found at www.leg.wa.gov
28A.225.210 Admission of district pupils tuition free.
Every school district shall admit on a tuition free basis: (1)
All persons of school age who reside within this state, and do
not reside within another school district carrying the grades
for which they are eligible to enroll: PROVIDED, That nothing in this subsection shall be construed as affecting RCW
28A.225.220 or 28A.225.250; and (2) all students who meet
the definition of children of military families in transition
under Article II of RCW 28A.705.010 who are in the care of
a noncustodial parent or other person standing in loco
parentis and who lives in another state while the parent is
under military orders. [2009 c 380 § 6; 1990 c 33 § 235; 1983
c 3 § 37; 1969 c 130 § 9; 1969 ex.s. c 223 § 28A.58.230.
Prior: 1917 c 21 § 9; RRS § 4718. Formerly RCW
28A.58.230, 28.58.230.]
28A.225.210
Designation of high school district nonhigh district students shall attend—
Effect when attendance otherwise: RCW 28A.540.110.
Education of children with disabilities: RCW 28A.155.050.
28A.225.200 Education of pupils in another district—Limitation as to state apportionment—Exemption.
(Effective September 1, 2011.) (1) A local district may be
authorized by the educational service district superintendent
to transport and educate its pupils in other districts for one
year, either by payment of a compensation agreed upon by
28A.225.200
[Title 28A RCW—page 80]
28A.225.215 Enrollment of children without legal
residences. (1) A school district shall not require proof of
residency or any other information regarding an address for
any child who is eligible by reason of age for the services of
the school district if the child does not have a legal residence.
28A.225.215
(2010 Ed.)
Compulsory School Attendance and Admission
(2) A school district shall enroll a child without a legal
residence under subsection (1) of this section at the request of
the child or parent or guardian of the child. [1989 c 118 § 1.
Formerly RCW 28A.58.235.]
28A.225.225
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.225.217 Children of military families—Continued enrollment in district schools. (1) A student shall be
permitted to remain enrolled in the school in which the student was enrolled while residing with the custodial parent if
the student:
(a) Meets the definition of a child of a military family in
transition under Article II of RCW 28A.705.010; and
(b) Is placed in the care of a noncustodial parent or
guardian when the custodial parent is required to relocate due
to military orders.
(2) A nonresident school district shall not be required to
provide transportation to and from the school unless otherwise required by state or federal law. [2009 c 380 § 8.]
28A.225.217
28A.225.220 Adults, children from other districts,
agreements for attending school—Tuition. (1) Any board
of directors may make agreements with adults choosing to
attend school, and may charge the adults reasonable tuition.
(2) A district is strongly encouraged to honor the request
of a parent or guardian for his or her child to attend a school
in another district or the request of a parent or guardian for his
or her child to transfer as a student receiving home-based
instruction.
(3) A district shall release a student to a nonresident district that agrees to accept the student if:
(a) A financial, educational, safety, or health condition
affecting the student would likely be reasonably improved as
a result of the transfer; or
(b) Attendance at the school in the nonresident district is
more accessible to the parent’s place of work or to the location of child care; or
(c) There is a special hardship or detrimental condition.
(4) A district may deny the request of a resident student
to transfer to a nonresident district if the release of the student
would adversely affect the district’s existing desegregation
plan.
(5) For the purpose of helping a district assess the quality
of its education program, a resident school district may
request an optional exit interview or questionnaire with the
parents or guardians of a child transferring to another district.
No parent or guardian may be forced to attend such an interview or complete the questionnaire.
(6) Beginning with the 1993-94 school year, school districts may not charge transfer fees or tuition for nonresident
students enrolled under subsection (3) of this section and
RCW 28A.225.225. Reimbursement of a high school district
for cost of educating high school pupils of a nonhigh school
district shall not be deemed a transfer fee as affecting the
apportionment of current state school funds. [1995 c 335 §
602; 1995 c 52 § 2; 1993 c 336 § 1008; 1990 1st ex.s. c 9 §
201; 1969 c 130 § 10; 1969 ex.s. c 223 § 28A.58.240. Prior:
1963 c 47 § 2; prior: 1921 c 44 § 1, part; 1899 c 142 § 8, part;
RRS § 4780, part. Formerly RCW 28A.58.240, 28.58.240.]
28A.225.220
Reviser’s note: This section was amended by 1995 c 52 § 2 and by
1995 c 335 § 602, each without reference to the other. Both amendments are
(2010 Ed.)
Finding—1990 1st ex.s. c 9: "The legislature finds that academic
achievement of Washington students can and should be improved. The legislature further finds that student success depends, in large part, on increased
parental involvement in their children’s education.
In order to take another step toward improving education in Washington, it is the purpose of this act to enhance the ability of parents to exercise
choice in where they prefer their children attend school; inform parents of
their options under local policies and state law for the intradistrict and interdistrict enrollment of their children; and provide additional program opportunities for secondary students." [1990 1st ex.s. c 9 § 101.]
Education of children with disabilities: RCW 28A.155.040, 28A.155.050.
Additional notes found at www.leg.wa.gov
28A.225.225 Applications from nonresident students
or students receiving home-based instruction to attend
district school—School employees’ children—Acceptance
and rejection standards—Notification. (1) Except for students who reside out-of-state and students under RCW
28A.225.217, a district shall accept applications from nonresident students who are the children of full-time certificated
and classified school employees, and those children shall be
permitted to enroll:
(a) At the school to which the employee is assigned;
(b) At a school forming the district’s K through 12 continuum which includes the school to which the employee is
assigned; or
(c) At a school in the district that provides early intervention services pursuant to RCW 28A.155.065 or preschool services pursuant to RCW 28A.155.070, if the student is eligible
for such services.
(2) A district may reject applications under this section
if:
(a) The student’s disciplinary records indicate a history
of convictions for offenses or crimes, violent or disruptive
behavior, or gang membership;
(b) The student has been expelled or suspended from a
public school for more than ten consecutive days. Any policy
allowing for readmission of expelled or suspended students
under this subsection (2)(b) must apply uniformly to both resident and nonresident applicants; or
(c) Enrollment of a child under this section would displace a child who is a resident of the district, except that if a
child is admitted under subsection (1) of this section, that
child shall be permitted to remain enrolled at that school, or
in that district’s kindergarten through twelfth grade continuum, until he or she has completed his or her schooling.
(3) Except as provided in subsection (1) of this section,
all districts accepting applications from nonresident students
or from students receiving home-based instruction for admission to the district’s schools shall consider equally all applications received. Each school district shall adopt a policy
establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The
policy may include rejection of a nonresident student if:
(a) Acceptance of a nonresident student would result in
the district experiencing a financial hardship;
28A.225.225
[Title 28A RCW—page 81]
28A.225.230
Title 28A RCW: Common School Provisions
(b) The student’s disciplinary records indicate a history
of convictions for offenses or crimes, violent or disruptive
behavior, or gang membership; or
(c) The student has been expelled or suspended from a
public school for more than ten consecutive days. Any policy
allowing for readmission of expelled or suspended students
under this subsection (3)(c) must apply uniformly to both resident and nonresident applicants.
For purposes of subsections (2)(a) and (3)(b) of this section, "gang" means a group which: (i) Consists of three or
more persons; (ii) has identifiable leadership; and (iii) on an
ongoing basis, regularly conspires and acts in concert mainly
for criminal purposes.
(4) The district shall provide to applicants written notification of the approval or denial of the application in a timely
manner. If the application is rejected, the notification shall
include the reason or reasons for denial and the right to
appeal under RCW 28A.225.230(3). [2009 c 380 § 7; 2008 c
192 § 1; 2003 c 36 § 1; 1999 c 198 § 2; 1997 c 265 § 3; 1995
c 52 § 3; 1994 c 293 § 1; 1990 1st ex.s. c 9 § 203.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Additional notes found at www.leg.wa.gov
28A.225.230 Appeal from certain decisions to deny
student’s request to attend nonresident district—Procedure. (1) The decision of a school district within which a student under the age of twenty-one years resides or of a school
district within which such a student under the age of twentyone years was last enrolled and is considered to be a resident
for attendance purposes by operation of law, to deny such
student’s request for release to a nonresident school district
pursuant to RCW 28A.225.220 may be appealed to the superintendent of public instruction or his or her designee: PROVIDED, That the school district of proposed transfer is willing to accept the student.
(2) The superintendent of public instruction or his or her
designee shall hear the appeal and examine the evidence. The
superintendent of public instruction may order the resident
district to release such a student who is under the age of
twenty-one years if the requirements of RCW 28A.225.220
have been met. The decision of the superintendent of public
instruction may be appealed to superior court pursuant to
chapter 34.05 RCW, the administrative procedure act, as now
or hereafter amended.
(3) The decision of a school district to deny the request
for accepting the transfer of a nonresident student under
RCW 28A.225.225 may be appealed to the superintendent of
public instruction or his or her designee. The superintendent
or his or her designee shall hear the appeal and examine the
evidence. The superintendent of public instruction may order
the district to accept the nonresident student if the district did
not comply with the standards and procedures adopted under
RCW 28A.225.225. The decision of the superintendent of
public instruction may be appealed to the superior court
under chapter 34.05 RCW. [1990 1st ex.s. c 9 § 204; 1990 c
33 § 236; 1977 c 50 § 1; 1975 1st ex.s. c 66 § 1. Formerly
RCW 28A.58.242.]
28A.225.230
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
[Title 28A RCW—page 82]
Designation of high school district nonhigh district students shall attend—
Effect when attendance otherwise: RCW 28A.540.110.
Additional notes found at www.leg.wa.gov
28A.225.240 Apportionment credit. If a student under
the age of twenty-one years is allowed to enroll in any common school outside the school district within which the student resides or a school district of which the student is considered to be a resident for attendance purposes by operation
of law, the student’s attendance shall be credited to the nonresident school district of enrollment for state apportionment
and all other purposes. [1975 1st ex.s. c 66 § 2. Formerly
RCW 28A.58.243.]
28A.225.240
Additional notes found at www.leg.wa.gov
28A.225.250 Cooperative programs among school
districts—Rules. (1) The state superintendent of public
instruction is directed and authorized to develop and adopt
rules governing cooperative programs between and among
school districts and educational service districts that the
superintendent deems necessary to assure:
(a) Correct calculation of state apportionment payments;
(b) Proper budgeting and accounting for interdistrict
cooperative program revenues and expenditures;
(c) Reporting of student, personnel, and fiscal data to
meet state needs; and
(d) Protection of the right of residents of Washington
under twenty-one years of age to a tuition-free program of
basic education.
(2) Unless specifically authorized in law, interdistrict
cooperative programs shall not be designed to systematically
increase state allocation above amounts required if services
were provided by the resident school district. [1995 c 335 §
603; 1969 c 130 § 11. Formerly RCW 28A.58.243.]
28A.225.250
Education of children with disabilities: RCW 28A.155.040, 28A.155.050.
Additional notes found at www.leg.wa.gov
28A.225.260 Reciprocity exchanges with other states.
If the laws of another state permit its school districts to
extend similar privileges to pupils resident in this state, the
board of directors of any school district contiguous to a
school district in such other state may make agreements with
the officers of the school district of that state for the attendance of any pupils resident therein upon the payment of
tuition.
If a district accepts out-of-state pupils whose resident
district is contiguous to a Washington school district, such
district shall charge and collect the cost for educating such
pupils and shall not include such out-of-state pupils in the
computation of the district’s share of state and/or county
funds.
The board of directors of any school district which is
contiguous to a school district in another state may make
agreements for and pay tuition for any children of their district desiring to attend school in the contiguous district of the
other state. The tuition to be paid for the attendance of resident pupils in an out-of-state school as provided in this section shall be no greater than the cost of educating such elementary or secondary pupils, as the case may be, in the outof-state educating district. [1969 ex.s. c 223 § 28A.58.250.
28A.225.260
(2010 Ed.)
Compulsory School Attendance and Admission
Prior: 1963 c 47 § 3; prior: 1921 c 44 § 1, part; 1899 c 142 §
8, part; RRS § 4780, part. Formerly RCW 28A.58.250,
28.58.250.]
Education of children with disabilities: RCW 28A.155.040.
28A.225.270 Intradistrict enrollment options policies. (1) Each school district in the state shall adopt and
implement a policy allowing intradistrict enrollment options
no later than June 30, 1990. Each district shall establish its
own policy establishing standards on how the intradistrict
enrollment options will be implemented.
(2) A district shall permit the children of full-time certificated and classified school employees to enroll at:
(a) The school to which the employee is assigned;
(b) A school forming the district’s K through 12 continuum which includes the school to which the employee is
assigned; or
(c) A school in the district that provides early intervention services pursuant to RCW 28A.155.065 or preschool services pursuant to RCW 28A.155.070, if the student is eligible
for such services.
(3) For the purposes of this section, "full-time employees" means employees who are employed for the full number
of hours and days for their job description. [2008 c 192 § 2;
2003 c 36 § 2; 1990 1st ex.s. c 9 § 205.]
28A.225.270
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Additional notes found at www.leg.wa.gov
28A.225.280 Transfer students’ eligibility for extracurricular activities. Eligibility of transfer students under
RCW 28A.225.220 and 28A.225.225 for participation in
extracurricular activities shall be subject to rules adopted by
the Washington interscholastic activities association. [2006 c
263 § 903; 1990 1st ex.s. c 9 § 206.]
28A.225.280
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Additional notes found at www.leg.wa.gov
28A.225.290
28A.225.290 Enrollment options information booklet (as amended
by 2009 c 450). (1) The superintendent of public instruction shall prepare
and annually distribute an information booklet outlining parents’ and guardians’ enrollment options for their children.
(2) Before the 1991-92 school year, the booklet shall be distributed to
all school districts by the office of the superintendent of public instruction.
School districts shall have a copy of the information booklet available for
public inspection at each school in the district, at the district office, and in
public libraries.
(3) The booklet shall include:
(a) Information about enrollment options and program opportunities,
including but not limited to programs in RCW 28A.225.220, 28A.185.040,
28A.225.200 through 28A.225.215, 28A.225.230 through 28A.225.250,
((28A.175.090,)) 28A.340.010 through 28A.340.070 (small high school
cooperative projects), and 28A.335.160;
(b) Information about the running start ((- community college or vocational-technical institute)) choice program under RCW 28A.600.300 through
((28A.600.395)) 28A.600.400; and
(c) Information about the seventh and eighth grade choice program
under RCW 28A.230.090. [2009 c 450 § 5; 1990 1st ex.s. c 9 § 207.]
F ind ing s— Inte nt— 20 09 c 45 0: See n ot e fol l ow i ng RC W
28A.600.280.
(2010 Ed.)
28A.225.300
28A.225.290
28A.225.290 Enrollment options information booklet—Posting on
web site (as amended by 2009 c 524). (1) The superintendent of public
instruction shall prepare and annually distribute an information booklet outlining parents’ and guardians’ enrollment options for their children.
(2) ((Before the 1991-92 school year,)) The booklet shall be distributed
to all school districts by the office of the superintendent of public instruction
and shall be posted on the web site of the office of the superintendent of public instruction. School districts shall have a copy of the information booklet
available for public inspection at each school in the district, at the district
office, and in public libraries.
(3) The booklet shall include:
(a) Information about enrollment options and program opportunities,
including but not limited to programs in RCW 28A.225.220, 28A.185.040,
28A.225.200 through 28A.225.215, 28A.225.230 through 28A.225.250,
((28A.175.090,)) 28A.340.010 through 28A.340.070 (small high school
cooperative projects), and 28A.335.160;
(b) Information about the running start(( - community college or vocational-technical institute choice)) program under RCW 28A.600.300 through
((28A.600.395)) 28A.600.400; ((and))
(c) Information about the seventh and eighth grade choice program
under RCW 28A.230.090; and
(d) Information about the college high school diploma options under
RCW 28B.50.535. [2009 c 524 § 3; 1990 1st ex.s. c 9 § 207.]
Intent—2009 c 524: See note following RCW 28B.50.535.
28A.225.290
28A.225.290 Enrollment options information (as amended by 2009
c 556). (1) The superintendent of public instruction shall prepare and annually ((distribute an)) provide access to information ((booklet)) outlining parents’ and guardians’ enrollment options for their children. Providing online
access to the information satisfies the requirements of this section unless a
parent or guardian specifically requests information to be provided in written
form.
(2) ((Before the 1991-92 school year, the booklet shall be distributed to
all school districts by the office of the superintendent of public instruction.
School districts shall have a copy of the information booklet available for
public inspection at each school in the district, at the district office, and in
public libraries)) School districts shall provide access to the information in
this section to the public. Providing online access to the information satisfies
the requirements of this subsection unless a parent or guardian specifically
requests the information be provided in written form.
(3) The booklet shall include:
(a) Information about enrollment options and program opportunities,
including but not limited to programs in RCW 28A.225.220, 28A.185.040,
28A.225.200 through 28A.225.215, 28A.225.230 through 28A.225.250,
*28A.175.090, 28A.340.010 through 28A.340.070 (small high school cooperative projects), and 28A.335.160;
(b) Information about **the running start - community college or vocational-technical institute choice program under RCW 28A.600.300 through
((28A.600.395)) 28A.600.390; and
(c) Information about the seventh and eighth grade choice program
under RCW 28A.230.090. [2009 c 556 § 6; 1990 1st ex.s. c 9 § 207.]
Reviser’s note: *(1) RCW 28A.175.090 expired December 31, 1994.
**(2) The program was named "the running start program" by 2009 c
450 § 7.
(3) RCW 28A.225.290 was amended three times during the 2009 legislative session, each without reference to the other. For rule of construction
concerning sections amended more than once during the same legislative
session, see RCW 1.12.025.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Additional notes found at www.leg.wa.gov
28A.225.300 Enrollment options information to parents. Each school district board of directors annually shall
inform parents of the district’s intradistrict and interdistrict
enrollment options and parental involvement opportunities.
Information on intradistrict enrollment options and interdistrict acceptance policies shall be provided to nonresidents on
request. Providing online access to the information satisfies
the requirements of this section unless a parent or guardian
28A.225.300
[Title 28A RCW—page 83]
28A.225.310
Title 28A RCW: Common School Provisions
specifically requests information to be provided in written
form. [2009 c 556 § 7; 1990 1st ex.s. c 9 § 208.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Additional notes found at www.leg.wa.gov
28A.225.310 Attendance in school district of
choice—Impact on existing cooperative arrangements.
Any school district board of directors may make arrangements with the board of directors of other districts for children to attend the school district of choice. Nothing under
RCW 28A.225.220 and 28A.225.225 is intended to adversely
affect agreements between school districts in effect on April
11, 1990. [1990 1st ex.s. c 9 § 209.]
28A.225.310
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Additional notes found at www.leg.wa.gov
28A.225.330 Enrolling students from other districts—Requests for information and permanent
records—Withheld transcripts—Immunity from liability—Notification to teachers and security personnel—
Rules. (1) When enrolling a student who has attended school
in another school district, the school enrolling the student
may request the parent and the student to briefly indicate in
writing whether or not the student has:
(a) Any history of placement in special educational programs;
(b) Any past, current, or pending disciplinary action;
(c) Any history of violent behavior, or behavior listed in
RCW 13.04.155;
(d) Any unpaid fines or fees imposed by other schools;
and
(e) Any health conditions affecting the student’s educational needs.
(2) The school enrolling the student shall request the
school the student previously attended to send the student’s
permanent record including records of disciplinary action,
history of violent behavior or behavior listed in RCW
13.04.155, attendance, immunization records, and academic
performance. If the student has not paid a fine or fee under
RCW 28A.635.060, or tuition, fees, or fines at approved private schools the school may withhold the student’s official
transcript, but shall transmit information about the student’s
academic performance, special placement, immunization
records, records of disciplinary action, and history of violent
behavior or behavior listed in RCW 13.04.155. If the official
transcript is not sent due to unpaid tuition, fees, or fines, the
enrolling school shall notify both the student and parent or
guardian that the official transcript will not be sent until the
obligation is met, and failure to have an official transcript
may result in exclusion from extracurricular activities or failure to graduate.
(3) Upon request, school districts shall furnish a set of
unofficial educational records to a parent or guardian of a student who is transferring out of state and who meets the definition of a child of a military family in transition under Article II of RCW 28A.705.010. School districts may charge the
parent or guardian the actual cost of providing the copies of
the records.
28A.225.330
[Title 28A RCW—page 84]
(4) If information is requested under subsection (2) of
this section, the information shall be transmitted within two
school days after receiving the request and the records shall
be sent as soon as possible. The records of a student who
meets the definition of a child of a military family in transition under Article II of RCW 28A.705.010 shall be sent
within ten days after receiving the request. Any school district or district employee who releases the information in
compliance with this section is immune from civil liability
for damages unless it is shown that the school district
employee acted with gross negligence or in bad faith. The
professional educator standards board shall provide by rule
for the discipline under chapter 28A.410 RCW of a school
principal or other chief administrator of a public school
building who fails to make a good faith effort to assure compliance with this subsection.
(5) Any school district or district employee who releases
the information in compliance with federal and state law is
immune from civil liability for damages unless it is shown
that the school district or district employee acted with gross
negligence or in bad faith.
(6) When a school receives information under this section or RCW 13.40.215 that a student has a history of disciplinary actions, criminal or violent behavior, or other behavior that indicates the student could be a threat to the safety of
educational staff or other students, the school shall provide
this information to the student’s teachers and security personnel. [2009 c 380 § 2; 2006 c 263 § 805; 1999 c 198 § 3; 1997
c 266 § 4. Prior: 1995 c 324 § 2; 1995 c 311 § 25; 1994 c 304
§ 2.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Additional notes found at www.leg.wa.gov
Chapter 28A.230 RCW
COMPULSORY COURSE WORK AND ACTIVITIES
Chapter 28A.230
Sections
28A.230.010
28A.230.020
28A.230.030
28A.230.040
28A.230.050
28A.230.060
28A.230.070
28A.230.080
28A.230.090
28A.230.093
28A.230.095
28A.230.097
28A.230.100
28A.230.120
28A.230.125
Course content requirements—Duties of school district
boards of directors.
Common school curriculum.
Students taught in English language—Exception.
Physical education in grades one through eight.
Physical education in high schools.
Waiver of course of study in Washington’s history and
government.
AIDS education in public schools—Limitations—Program adoption—Model curricula—Student’s exclusion from participation.
Prevention of child abuse and neglect—Written policy—
Participation in and establishment of programs.
High school graduation requirements or equivalencies—
Reevaluation of graduation requirements—Review
and authorization of proposed changes—Credit for
courses taken before attending high school—Postsecondary credit equivalencies.
Social studies course credits—Civics coursework.
Essential academic learning requirements and assessments—Verification reports.
Career and technical high school course equivalencies.
Rules implementing RCW 28A.230.090—Temporary
exemptions and special alterations from requirements—Competency testing.
High school diplomas—Issuance—Option to receive final
transcripts—Notice.
Development of standardized high school transcripts.
(2010 Ed.)
Compulsory Course Work and Activities
28A.230.130
28A.230.140
28A.230.150
28A.230.158
28A.230.160
28A.230.170
28A.230.180
28A.230.195
28A.230.250
Program to help students meet minimum entrance requirements at baccalaureate-granting institutions or to pursue career or other opportunities.
United States flag—Procurement, display, exercises—
National anthem.
Temperance and Good Citizenship Day—Aids in programming.
Disability history month—Activities.
Educational activities in observance of Veterans’ Day.
Study of constitutions compulsory—Rules.
Educational and career opportunities in the military, student access to information on, when.
Test or assessment scores—Adjustments to instructional
practices—Notification to parents.
Coordination of procedures and content of assessments.
AIDS prevention education: Chapter 70.24 RCW.
28A.230.010 Course content requirements—Duties
of school district boards of directors. School district
boards of directors shall identify and offer courses with content that meet or exceed: (1) The basic education skills identified in RCW 28A.150.210; (2) the graduation requirements
under RCW 28A.230.090; (3) the courses required to meet
the minimum college entrance requirements under RCW
28A.230.130; and (4) the course options for career development under RCW 28A.230.130. Such courses may be
applied or theoretical, academic, or vocational. [2003 c 49 §
1; 1990 c 33 § 237; 1984 c 278 § 2. Formerly RCW
28A.05.005.]
28A.230.010
Additional notes found at www.leg.wa.gov
28A.230.020 Common school curriculum. All common schools shall give instruction in reading, penmanship,
orthography, written and mental arithmetic, geography, the
history of the United States, English grammar, physiology
and hygiene with special reference to the effects of alcohol
and drug abuse on the human system, science with special
reference to the environment, and such other studies as may
be prescribed by rule of the superintendent of public instruction. All teachers shall stress the importance of the cultivation of manners, the fundamental principles of honesty,
honor, industry and economy, the minimum requisites for
good health including the beneficial effect of physical exercise and methods to prevent exposure to and transmission of
sexually transmitted diseases, and the worth of kindness to all
living creatures and the land. The prevention of child abuse
may be offered as part of the curriculum in the common
schools. [2006 c 263 § 414; 1991 c 116 § 6; 1988 c 206 §
403; 1987 c 232 § 1; 1986 c 149 § 4; 1969 c 71 § 3; 1969 ex.s.
c 223 § 28A.05.010. Prior: 1909 p 262 § 2; RRS § 4681;
prior: 1897 c 118 § 65; 1895 c 5 § 1; 1890 p 372 § 45; 1886
p 19 § 52. Formerly RCW 28A.05.010, 28.05.010, and
28.05.020.]
28A.230.020
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Child abuse and neglect—Development of primary prevention program:
RCW 28A.300.160.
Districts to develop programs and establish programs regarding child abuse
and neglect prevention: RCW 28A.230.080.
Additional notes found at www.leg.wa.gov
28A.230.030 Students taught in English language—
Exception. All students in the common schools of the state
of Washington shall be taught in the English language: PROVIDED, That nothing in this section shall preclude the teach28A.230.030
(2010 Ed.)
28A.230.070
ing of students in a language other than English when such
instruction will aid the educational advancement of the student. [1969 c 71 § 4. Formerly RCW 28A.05.015.]
28A.230.040 Physical education in grades one
through eight. Every pupil attending grades one through
eight of the public schools shall receive instruction in physical education as prescribed by rule of the superintendent of
public instruction: PROVIDED, That individual pupils or
students may be excused on account of physical disability,
religious belief, or participation in directed athletics. [2006 c
263 § 415; 1984 c 52 § 1; 1969 ex.s. c 223 § 28A.05.030.
Prior: 1919 c 89 § 1; RRS § 4682. Formerly RCW
28A.05.030, 28.05.030.]
28A.230.040
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.230.050 Physical education in high schools. All
high schools of the state shall emphasize the work of physical
education, and carry into effect all physical education
requirements established by rule of the superintendent of
public instruction: PROVIDED, That individual students
may be excused from participating in physical education otherwise required under this section on account of physical disability, employment, or religious belief, or because of participation in directed athletics or military science and tactics or
for other good cause. [2006 c 263 § 416; 1985 c 384 § 3;
1984 c 52 § 2; 1969 ex.s. c 223 § 28A.05.040. Prior: 1963 c
235 § 1, part; prior: (i) 1923 c 78 § 1, part; 1919 c 89 § 2,
part; RRS § 4683, part. (ii) 1919 c 89 § 5, part; RRS § 4686,
part. Formerly RCW 28A.05.040, 28.05.040, part.]
28A.230.050
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.230.060 Waiver of course of study in Washington’s history and government. Students in the twelfth
grade who have not completed a course of study in Washington’s history and state government because of previous residence outside the state may have the requirement in RCW
28A.230.090 waived by their principal. [1991 c 116 § 7;
1969 ex.s. c 57 § 2; 1969 ex.s. c 223 § 28A.05.050. Prior:
1967 c 64 § 1, part; 1963 c 31 § 1, part; 1961 c 47 § 2, part;
1941 c 203 § 1, part; Rem. Supp. 1941 § 4898-3, part. Formerly RCW 28A.05.050, 28.05.050.]
28A.230.060
28A.230.070 AIDS education in public schools—
Limitations—Program adoption—Model curricula—
Student’s exclusion from participation. (1) The life-threatening dangers of acquired immunodeficiency syndrome
(AIDS) and its prevention shall be taught in the public
schools of this state. AIDS prevention education shall be limited to the discussion of the life-threatening dangers of the
disease, its spread, and prevention. Students shall receive
such education at least once each school year beginning no
later than the fifth grade.
(2) Each district board of directors shall adopt an AIDS
prevention education program which is developed in consultation with teachers, administrators, parents, and other community members including, but not limited to, persons from
medical, public health, and mental health organizations and
agencies so long as the curricula and materials developed for
28A.230.070
[Title 28A RCW—page 85]
28A.230.080
Title 28A RCW: Common School Provisions
use in the AIDS education program either (a) are the model
curricula and resources under subsection (3) of this section,
or (b) are developed by the school district and approved for
medical accuracy by the office on AIDS established in RCW
70.24.250. If a district elects to use curricula developed by
the school district, the district shall submit to the office on
AIDS a copy of its curricula and an affidavit of medical accuracy stating that the material in the district-developed curricula has been compared to the model curricula for medical
accuracy and that in the opinion of the district the districtdeveloped materials are medically accurate. Upon submission of the affidavit and curricula, the district may use these
materials until the approval procedure to be conducted by the
office of AIDS has been completed.
(3) Model curricula and other resources available from
the superintendent of public instruction may be reviewed by
the school district board of directors, in addition to materials
designed locally, in developing the district’s AIDS education
program. The model curricula shall be reviewed for medical
accuracy by the office on AIDS established in RCW
70.24.250 within the department of social and health services.
(4) Each school district shall, at least one month before
teaching AIDS prevention education in any classroom, conduct at least one presentation during weekend and evening
hours for the parents and guardians of students concerning
the curricula and materials that will be used for such education. The parents and guardians shall be notified by the
school district of the presentation and that the curricula and
materials are available for inspection. No student may be
required to participate in AIDS prevention education if the
student’s parent or guardian, having attended one of the district presentations, objects in writing to the participation.
(5) The office of the superintendent of public instruction
with the assistance of the office on AIDS shall update AIDS
education curriculum material as newly discovered medical
facts make it necessary.
(6) The curriculum for AIDS prevention education shall
be designed to teach students which behaviors place a person
dangerously at risk of infection with the human immunodeficiency virus (HIV) and methods to avoid such risk including,
at least:
(a) The dangers of drug abuse, especially that involving
the use of hypodermic needles; and
(b) The dangers of sexual intercourse, with or without
condoms.
(7) The program of AIDS prevention education shall
stress the life-threatening dangers of contracting AIDS and
shall stress that abstinence from sexual activity is the only
certain means for the prevention of the spread or contraction
of the AIDS virus through sexual contact. It shall also teach
that condoms and other artificial means of birth control are
not a certain means of preventing the spread of the AIDS
virus and reliance on condoms puts a person at risk for exposure to the disease. [1994 c 245 § 7; 1988 c 206 § 402. Formerly RCW 28A.05.055.]
Additional notes found at www.leg.wa.gov
28A.230.080 Prevention of child abuse and neglect—
Written policy—Participation in and establishment of
28A.230.080
[Title 28A RCW—page 86]
programs. (1) Every school district board of directors shall
develop a written policy regarding the district’s role and
responsibility relating to the prevention of child abuse and
neglect.
(2) Every school district shall, within the resources available to it: (a) Participate in the primary prevention program
established under RCW 28A.300.160; (b) develop and implement its own child abuse and neglect education and prevention program; or (c) continue with an existing local child
abuse and neglect education and prevention program. [1990
c 33 § 238; 1987 c 489 § 6. Formerly RCW 28A.58.255.]
Intent—1987 c 489: See note following RCW 28A.300.150.
28A.230.090 High school graduation requirements
or equivalencies—Reevaluation of graduation requirements—Review and authorization of proposed changes—
Credit for courses taken before attending high school—
Postsecondary credit equivalencies. (1) The state board of
education shall establish high school graduation requirements or equivalencies for students, except those equivalencies established by local high schools or school districts
under RCW 28A.230.097. The purpose of a high school
diploma is to declare that a student is ready for success in
postsecondary education, gainful employment, and citizenship, and is equipped with the skills to be a lifelong learner.
(a) Any course in Washington state history and government used to fulfill high school graduation requirements shall
consider including information on the culture, history, and
government of the American Indian peoples who were the
first inhabitants of the state.
(b) The certificate of academic achievement requirements under RCW 28A.655.061 or the certificate of individual achievement requirements under RCW 28A.155.045 are
required for graduation from a public high school but are not
the only requirements for graduation.
(c) Any decision on whether a student has met the state
board’s high school graduation requirements for a high
school and beyond plan shall remain at the local level.
(2)(a) In recognition of the statutory authority of the state
board of education to establish and enforce minimum high
school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report
such findings to the legislature in a timely manner as determined by the state board.
(b) The state board shall reevaluate the graduation
requirements for students enrolled in vocationally intensive
and rigorous career and technical education programs, particularly those programs that lead to a certificate or credential
that is state or nationally recognized. The purpose of the
evaluation is to ensure that students enrolled in these programs have sufficient opportunity to earn a certificate of academic achievement, complete the program and earn the program’s certificate or credential, and complete other state and
local graduation requirements.
(c) The state board shall forward any proposed changes
to the high school graduation requirements to the education
committees of the legislature for review and to the quality
education council established under RCW 28A.290.010. The
legislature shall have the opportunity to act during a regular
legislative session before the changes are adopted through
28A.230.090
(2010 Ed.)
Compulsory Course Work and Activities
administrative rule by the state board. Changes that have a
fiscal impact on school districts, as identified by a fiscal analysis prepared by the office of the superintendent of public
instruction, shall take effect only if formally authorized and
funded by the legislature through the omnibus appropriations
act or other enacted legislation.
(3) Pursuant to any requirement for instruction in languages other than English established by the state board of
education or a local school district, or both, for purposes of
high school graduation, students who receive instruction in
American sign language or one or more American Indian languages shall be considered to have satisfied the state or local
school district graduation requirement for instruction in one
or more languages other than English.
(4) If requested by the student and his or her family, a
student who has completed high school courses before
attending high school shall be given high school credit which
shall be applied to fulfilling high school graduation requirements if:
(a) The course was taken with high school students, if the
academic level of the course exceeds the requirements for
seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and
examinations as the high school students enrolled in the
class; or
(b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course
would qualify for high school credit, because the course is
similar or equivalent to a course offered at a high school in
the district as determined by the school district board of
directors.
(5) Students who have taken and successfully completed
high school courses under the circumstances in subsection (4)
of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit.
(6) At the college or university level, five quarter or three
semester hours equals one high school credit. [2009 c 548 §
111; 2009 c 223 § 2; 2006 c 114 § 3; 2005 c 205 § 3; 2004 c
19 § 103; 1997 c 222 § 2; 1993 c 371 § 3. Prior: 1992 c 141
§ 402; 1992 c 60 § 1; 1990 1st ex.s. c 9 § 301; 1988 c 172 §
1; 1985 c 384 § 2; 1984 c 278 § 6. Formerly RCW
28A.05.060.]
Reviser’s note: This section was amended by 2009 c 223 § 2 and by
2009 c 548 § 111, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Finding—2009 c 223: "The legislature finds that although the United
States has long exemplified democratic practice to the rest of the world, we
ought not to neglect it at home. Two-thirds of our nation’s twelfth graders
scored below proficient on the last national civics assessment, and fewer
than ten percent could list two ways that a democracy benefits from citizen
participation. A healthy democracy depends on the participation of citizens.
But participation is learned behavior, and in recent years civic learning has
been pushed aside. Preparation for citizenship is as important as preparation
for college and a career, and should take its place as a requirement for receiving a high school diploma." [2009 c 223 § 1.]
Finding—Intent—2006 c 114: See note following RCW 28A.230.097.
Inte nt— F i ndi ngs— 20 05 c 20 5: See n ot e fol l ow i ng RC W
28A.320.170.
(2010 Ed.)
28A.230.095
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
Intent—1997 c 222: "In 1994, the legislature directed the higher education board and the state board of education to convene a task force to
examine and provide recommendations on establishing credit equivalencies.
In November 1994, the task force recommended unanimously that the state
board of education maintain the definition of five quarter or three semester
college credits as equivalent to one high school credit. Therefore, the legislature intends to adopt the recommendations of the task force." [1997 c 222
§ 1.]
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Additional notes found at www.leg.wa.gov
28A.230.093 Social studies course credits—Civics
coursework. (1) If, after July 26, 2009, the state board of
education increases the number of course credits in social
studies that are required for high school graduation under
RCW 28A.230.090, the board shall also require that at least
one-half credit of that requirement be coursework in civics.
(2) The content of the civics requirement must include,
but not be limited to:
(a) Federal, state, and local government organization and
procedures;
(b) Rights and responsibilities of citizens addressed in
the Washington state and United States Constitutions;
(c) Current issues addressed at each level of government;
and
(d) Electoral issues, including elections, ballot measures,
initiatives, and referenda. [2009 c 223 § 3.]
28A.230.093
Finding—2009 c 223: See note following RCW 28A.230.090.
28A.230.095 Essential academic learning requirements and assessments—Verification reports. (1) By the
end of the 2008-09 school year, school districts shall have in
place in elementary schools, middle schools, and high
schools assessments or other strategies chosen by the district
to assure that students have an opportunity to learn the essential academic learning requirements in social studies, the arts,
and health and fitness. Social studies includes history, geography, civics, economics, and social studies skills. Beginning
with the 2008-09 school year, school districts shall annually
submit an implementation verification report to the office of
the superintendent of public instruction. The office of the
superintendent of public instruction may not require school
districts to use a classroom-based assessment in social studies, the arts, and health and fitness to meet the requirements
of this section and shall clearly communicate to districts their
option to use other strategies chosen by the district.
(2) Beginning with the 2008-09 school year, school districts shall require students in the seventh or eighth grade, and
the eleventh or twelfth grade to each complete at least one
classroom-based assessment in civics. Beginning with the
2010-11 school year, school districts shall require students in
the fourth or fifth grade to complete at least one classroombased assessment in civics. The civics assessment may be
selected from a list of classroom-based assessments approved
by the office of the superintendent of public instruction.
Beginning with the 2008-09 school year, school districts shall
annually submit implementation verification reports to the
28A.230.095
[Title 28A RCW—page 87]
28A.230.097
Title 28A RCW: Common School Provisions
office of the superintendent of public instruction documenting the use of the classroom-based assessments in civics.
(3) Verification reports shall require school districts to
report only the information necessary to comply with this
section. [2009 c 556 § 8; 2006 c 113 § 2; 2004 c 19 § 203.]
Findings—2006 c 113: "The legislature finds that instruction in social
studies, arts, health, and fitness is important to ensure a well-rounded and
complete education. In particular, the civic mission of schools is strengthened and enhanced by comprehensive civics education and assessments.
The legislature finds that effective and accountable democratic government
depends upon an informed and engaged citizenry, and therefore, students
should learn their rights and responsibilities as citizens, where those rights
and responsibilities come from, and how to exercise them." [2006 c 113 § 1.]
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
28A.230.097 Career and technical high school course
equivalencies. (1) Each high school or school district board
of directors shall adopt course equivalencies for career and
technical high school courses offered to students in high
schools and skill centers. A career and technical course
equivalency may be for whole or partial credit. Each school
district board of directors shall develop a course equivalency
approval procedure.
(2) Career and technical courses determined to be equivalent to academic core courses, in full or in part, by the high
school or school district shall be accepted as meeting core
requirements, including graduation requirements, if the
courses are recorded on the student’s transcript using the
equivalent academic high school department designation and
title. Full or partial credit shall be recorded as appropriate.
The high school or school district shall also issue and keep
record of course completion certificates that demonstrate that
the career and technical courses were successfully completed
as needed for industry certification, college credit, or preapprenticeship, as applicable. The certificate shall be either part
of the student’s high school and beyond plan or the student’s
culminating project, as determined by the student. The office
of the superintendent of public instruction shall develop and
make available electronic samples of certificates of course
completion. [2008 c 170 § 202; 2006 c 114 § 2.]
28A.230.097
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
Finding—Intent—2006 c 114: "(1) The legislature finds that Washington’s performance-based education system should seek to provide fundamental academic knowledge and skills for all students, and to provide the
opportunity for students to acquire knowledge and skills likely to contribute
to their own economic well-being and that of their families and communities.
(2) The legislature recognizes that career and technical options are
available for students.
(3) High schools or school districts should take advantage of their
opportunity to offer course credits, including credits toward graduation
requirements, for knowledge and skills in fundamental academic content
areas that students gain in career and technical education courses.
(4) Therefore the legislature intends to create a rigorous and high quality career and technical high school alternative assessment that assures students meet state standards, and also reflects nationally recognized standards
for the knowledge and skills needed to pursue employment and careers in
technical fields." [2006 c 114 § 1.]
28A.230.100
Rules implementing RCW
28A.230.090—Temporary exemptions and special alterations from requirements—Competency testing. The
superintendent of public instruction, in consultation with the
higher education coordinating board, the state board for com28A.230.100
[Title 28A RCW—page 88]
munity and technical colleges, and the workforce training and
education coordinating board, shall adopt rules pursuant to
chapter 34.05 RCW, to implement the course requirements
set forth in RCW 28A.230.090. The rules shall include, as
the superintendent deems necessary, granting equivalencies
for and temporary exemptions from the course requirements
in RCW 28A.230.090 and special alterations of the course
requirements in RCW 28A.230.090. In developing such
rules the superintendent shall recognize the relevance of
vocational and applied courses and allow such courses to fulfill in whole or in part the courses required for graduation in
RCW 28A.230.090, as determined by the high school or
school district in accordance with RCW 28A.230.097. The
rules may include provisions for competency testing in lieu
of such courses required for graduation in RCW 28A.230.090
or demonstration of specific skill proficiency or understanding of concepts through work or experience. [2006 c 263 §
402; 2006 c 114 § 4; 1991 c 116 § 8; 1990 c 33 § 239; 1985 c
384 § 1. Formerly RCW 28A.05.062.]
Reviser’s note: This section was amended by 2006 c 114 § 4 and by
2006 c 263 § 402, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Finding—Intent—2006 c 114: See note following RCW 28A.230.097.
28A.230.120 High school diplomas—Issuance—
Option to receive final transcripts—Notice. (1) School
districts shall issue diplomas to students signifying graduation from high school upon the students’ satisfactory completion of all local and state graduation requirements. Districts
shall grant students the option of receiving a final transcript
in addition to the regular diploma.
(2) School districts or schools of attendance shall establish policies and procedures to notify senior students of the
transcript option and shall direct students to indicate their
decisions in a timely manner. School districts shall make
appropriate provisions to assure that students who choose to
receive a copy of their final transcript shall receive such transcript after graduation.
(3)(a) A school district may issue a high school diploma
to a person who:
(i) Is an honorably discharged member of the armed
forces of the United States; and
(ii) Left high school before graduation to serve in World
War II, the Korean conflict, or the Vietnam era as defined in
RCW 41.04.005.
(b) A school district may issue a diploma to or on behalf
of a person otherwise eligible under (a) of this subsection notwithstanding the fact that the person holds a high school
equivalency certification or is deceased.
(c) The superintendent of public instruction shall adopt a
form for a diploma application to be used by a veteran or a
person acting on behalf of a deceased veteran under this subsection (3). The superintendent of public instruction shall
specify what constitutes acceptable evidence of eligibility for
a diploma. [2008 c 185 § 1; 2003 c 234 § 1; 2002 c 35 § 1;
1984 c 178 § 2. Formerly RCW 28A.58.108.]
28A.230.120
Effective date—2003 c 234: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov(2010 Ed.)
Compulsory Course Work and Activities
ernment and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 234 § 2.]
High school transcripts: RCW 28A.230.125.
28A.230.125 Development of standardized high
school transcripts. (1) The superintendent of public instruction, in consultation with the higher education coordinating
board, the state board for community and technical colleges,
and the workforce training and education coordinating board,
shall develop for use by all public school districts a standardized high school transcript. The superintendent shall establish clear definitions for the terms "credits" and "hours" so
that school programs operating on the quarter, semester, or
trimester system can be compared.
(2) The standardized high school transcript shall include
a notation of whether the student has earned a certificate of
individual achievement or a certificate of academic achievement. [2009 c 556 § 9. Prior: 2006 c 263 § 401; 2006 c 115
§ 6; 2004 c 19 § 108; 1984 c 178 § 1. Formerly RCW
28A.305.220, 28A.04.155.]
28A.230.125
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
High school diplomas—Receiving final transcript optional: RCW
28A.230.120.
28A.230.130 Program to help students meet minimum entrance requirements at baccalaureate-granting
institutions or to pursue career or other opportunities.
(1) All public high schools of the state shall provide a program, directly or in cooperation with a community college or
another school district, for students whose educational plans
include application for entrance to a baccalaureate-granting
institution after being granted a high school diploma. The
program shall help these students to meet at least the minimum entrance requirements under RCW 28B.10.050.
(2) All public high schools of the state shall provide a
program, directly or in cooperation with a community or
technical college, a skills center, an apprenticeship committee, or another school district, for students who plan to pursue
career or work opportunities other than entrance to a baccalaureate-granting institution after being granted a high school
diploma. These programs may:
(a) Help students demonstrate the application of essential academic learning requirements to the world of work,
occupation-specific skills, knowledge of more than one
career in a chosen pathway, and employability and leadership
skills; and
(b) Help students demonstrate the knowledge and skill
needed to prepare for industry certification, and/or have the
opportunity to articulate to postsecondary education and
training programs.
(3) A middle school that receives approval from the
office of the superintendent of public instruction to provide a
career and technical program in science, technology, engineering, or mathematics directly to students shall receive
funding at the same rate as a high school operating a similar
program. Additionally, a middle school that provides a
hands-on experience in science, technology, engineering, or
mathematics with an integrated curriculum of academic con-
28A.230.150
tent and career and technical education, and includes a career
and technical education exploratory component shall also
qualify for the career and technical education funding. [2009
c 212 § 2; 2007 c 396 § 14; (2007 c 396 § 13 expired September 1, 2009); 2006 c 263 § 407; 2003 c 49 § 2; 1991 c 116 §
9; 1988 c 172 § 2; 1984 c 278 § 16. Formerly RCW
28A.05.070.]
Effective date—2009 c 212 § 2: "Section 2 of this act takes effect September 1, 2009." [2009 c 212 § 3.]
Finding—2009 c 212: "The legislature finds that significant efforts are
under way to improve mathematics and science instruction in Washington’s
public schools through development and adoption of new learning standards,
identification of aligned curriculum, and expanded opportunities for professional development for teachers. A significant emphasis has also been made
on improving career and technical education programs focused on highdemand programs. Middle schools have successfully served one thousand
four hundred full-time equivalent students in career and technical programs
rich in science, technology, engineering, and mathematics through a grant
program. The legislature concludes that opportunities for hands-on and
applied learning in these programs should be extended to middle school students on an ongoing, statewide basis so that students are prepared to take
advantage of more advanced coursework in high school and postsecondary
education." [2009 c 212 § 1.]
Effective date—2007 c 396 § 14: "Section 14 of this act takes effect
September 1, 2009." [2007 c 396 § 21.]
Expiration date—2007 c 396 § 13: "Section 13 of this act expires September 1, 2009." [2007 c 396 § 20.]
Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28A.230.130
(2010 Ed.)
Effective date—2006 c 263 § 407: "Section 407 of this act takes effect
September 1, 2009." [2006 c 263 § 1002.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.230.140 United States flag—Procurement, display, exercises—National anthem. The board of directors
of every school district shall cause a United States flag being
in good condition to be displayed during school hours upon
or near every public school plant, except during inclement
weather. They shall cause appropriate flag exercises to be
held in each classroom at the beginning of the school day, and
in every school at the opening of all school assemblies, at
which exercises those pupils so desiring shall recite the following salute to the flag: "I pledge allegiance to the flag of
the United States of America and to the republic for which it
stands, one nation under God, indivisible, with liberty and
justice for all". Students not reciting the pledge shall maintain
a respectful silence. The salute to the flag or the national
anthem shall be rendered immediately preceding interschool
events when feasible. [1981 c 130 § 1; 1969 ex.s. c 223 §
28A.02.030. Prior: (i) 1961 c 238 § 1; 1955 c 8 § 1; 1919 c
90 § 4; 1915 c 71 § 1; 1909 c 97 p 286 § 3; 1897 c 118 § 180;
RRS § 4777. Formerly RCW 28.02.030. (ii) 1955 c 8 § 2;
1919 c 90 § 5; RRS § 4778. Formerly RCW 28A.02.030,
28.87.180.]
28A.230.140
Display of national and state flags: RCW 1.20.015.
28A.230.150 Temperance and Good Citizenship
Day—Aids in programming. On January 16th of each year
or the preceding Friday when January 16th falls on a nonschool day, there shall be observed within each public school
"Temperance and Good Citizenship Day". Annually the state
28A.230.150
[Title 28A RCW—page 89]
28A.230.158
Title 28A RCW: Common School Provisions
superintendent of public instruction shall duly prepare and
publish for circulation among the teachers of the state a program for use on such day embodying topics pertinent thereto
and may from year to year designate particular laws for special observance. [1969 ex.s. c 223 § 28A.02.090. Prior: (i)
1923 c 76 § 1; RRS § 4901-1. (ii) 1923 c 76 § 2; RRS §
4901-2. Formerly RCW 28A.02.090, 28.02.090, and
28.02.095.]
28A.230.158 Disability history month—Activities.
Annually, during the month of October, each public school
shall conduct or promote educational activities that provide
instruction, awareness, and understanding of disability history and people with disabilities. The activities may include,
but not be limited to, school assemblies or guest speaker presentations. [2008 c 167 § 3.]
28A.230.158
Short title—2008 c 167: "This act may be known and cited as the disability history month act." [2008 c 167 § 1.]
Findings—2008 c 167: "The legislature finds that annually recognizing
disability history throughout our entire public educational system, from kindergarten through grade twelve and at our colleges and universities, during
the month of October will help to increase awareness and understanding of
the contributions that people with disabilities in our state, nation, and the
world have made to our society. The legislature further finds that recognizing disability history will increase respect and promote acceptance and inclusion of people with disabilities. The legislature further finds that recognizing
disability history will inspire students with disabilities to feel a greater sense
of pride, reduce harassment and bullying, and help keep students with disabilities in school." [2008 c 167 § 2.]
28A.230.160 Educational activities in observance of
Veterans’ Day. During the school week preceding the eleventh day of November of each year, there shall be presented
in each common school as defined in RCW 28A.150.020
educational activities suitable to the observance of Veterans’
Day.
The responsibility for the preparation and presentation of
the activities approximating at least sixty minutes total
throughout the week shall be with the principal or head
teacher of each school building and such program shall
embrace topics tending to instill a loyalty and devotion to the
institutions and laws of this state and nation.
The superintendent of public instruction and each educational service district superintendent, by advice and suggestion, shall aid in the preparation of these activities if such aid
be solicited. [1990 c 33 § 241; 1985 c 60 § 1; 1977 ex.s. c 120
§ 2; 1975 1st ex.s. c 275 § 45; 1970 ex.s. c 15 § 12. Prior:
1969 ex.s. c 283 § 24; 1969 ex.s. c 176 § 101; 1969 ex.s. c
223 § 28A.02.070; prior: 1955 c 20 § 3; prior: (i) 1939 c 21
§ 1; 1921 c 56 § 1; RRS § 4899. (ii) 1921 c 56 § 2; RRS §
4900. (iii) 1921 c 56 § 3; RRS § 4901. Formerly RCW
28A.02.070, 28.02.070.]
28A.230.160
Additional notes found at www.leg.wa.gov
28A.230.170 Study of constitutions compulsory—
Rules. The study of the Constitution of the United States and
the Constitution of the state of Washington shall be a condition prerequisite to graduation from the public and private
high schools of this state. The superintendent of public
instruction shall provide by rule for the implementation of
this section. [2006 c 263 § 403; 1985 c 341 § 1; 1969 ex.s. c
223 § 28A.02.080. Prior: (i) 1925 ex.s. c 134 § 1; RRS §
28A.230.170
[Title 28A RCW—page 90]
4898-1. (ii) 1925 ex.s. c 134 § 2; RRS § 4898-2. Formerly
RCW 28A.02.080, 28.02.080, and 28.02.081.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.230.180 Educational and career opportunities in
the military, student access to information on, when. If
the board of directors of a school district provides access to
the campus and the student information directory to persons
or groups which make students aware of occupational or educational options, the board shall provide access on the same
basis to official recruiting representatives of the military
forces of the state and the United States for the purpose of
informing students of educational and career opportunities
available in the military. [1980 c 96 § 1. Formerly RCW
28A.58.535.]
28A.230.180
28A.230.195 Test or assessment scores—Adjustments to instructional practices—Notification to parents.
(1) If students’ scores on the test or assessments under RCW
28A.655.070 indicate that students need help in identified
areas, the school district shall evaluate its instructional practices and make appropriate adjustments.
(2) Each school district shall notify the parents of each
student of their child’s performance on the test and assessments conducted under this chapter. [2005 c 217 § 1; 1999 c
373 § 603; 1992 c 141 § 401.]
28A.230.195
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Additional notes found at www.leg.wa.gov
28A.230.250 Coordination of procedures and content
of assessments. The superintendent of public instruction
shall coordinate both the procedures and the content of the
tests and assessments required by the state to maximize the
value of the information provided to students as they progress
and to teachers and parents about students’ talents, interests,
and academic needs or deficiencies so that appropriate programs can be provided to enhance the likelihood of students’
success both in school and beyond. [1999 c 373 § 602; 1990
c 101 § 4.]
28A.230.250
Additional notes found at www.leg.wa.gov
Chapter 28A.235
Chapter 28A.235 RCW
FOOD SERVICES
Sections
28A.235.010 Superintendent of public instruction authorized to receive
and disburse federal funds.
28A.235.020 Payment of costs—Federal food services revolving fund—
Disbursements.
28A.235.030 Rules.
28A.235.040 Acquisition authorized.
28A.235.050 Contracts for—Other law applicable to.
28A.235.060 Advancement of costs from revolving fund moneys—Reimbursement by school district to include transaction
expense.
28A.235.070 Revolving fund created.
28A.235.080 Revolving fund—Administration of fund—Use—School
district requisition as prerequisite.
28A.235.090 Revolving fund—Depositories for fund, bond or security
for—Manner of payments from fund.
28A.235.100 Rules.
28A.235.110 Suspension of laws, rules, inconsistent herewith.
(2010 Ed.)
Food Services
28A.235.120 Meal programs—Establishment and operation—Personnel—
Agreements.
28A.235.130 Milk for children at school expense.
28A.235.140 School breakfast programs.
28A.235.145 School breakfast and lunch programs—Use of state funds.
28A.235.150 School breakfast and lunch programs—Grants to increase
participation—Increased state support.
28A.235.155 Federal summer food service program—Administration of
funds—Grants.
28A.235.160 Requirements to implement school breakfast, lunch, and
summer food service programs—Exemptions.
28A.235.170 Washington grown fresh fruit and vegetable grant program.
Food donation and distribution—Liability: Chapter 69.80 RCW.
28A.235.010 Superintendent of public instruction
authorized to receive and disburse federal funds. The
superintendent of public instruction is hereby authorized to
receive and disburse federal funds made available by acts of
congress for the assistance of private nonprofit organizations
in providing food services to children and adults according to
the provisions of 20 U.S.C. Sec. 1751 et seq., the national
school lunch act as amended, and 20 U.S.C. Sec. 1771, et
seq., the child nutrition act of 1966, as amended. [1987 c 193
§ 1. Formerly RCW 28A.29.010.]
28A.235.090
28A.235.050 Contracts for—Other law applicable to.
The state superintendent of public instruction is hereby
authorized to enter into any contract with the United States of
America, or any agency thereof, for the purchase of any surplus or donated food commodities, without regard to the provisions of any other law requiring the advertising, giving
notice, inviting or receiving bids, or which may require the
delivery of purchases before payment. [1969 ex.s. c 223 §
28A.30.020. Prior: 1967 ex.s. c 92 § 7. Formerly RCW
28A.30.020, 28.30.020.]
28A.235.050
28A.235.010
28A.235.020 Payment of costs—Federal food services revolving fund—Disbursements. All reasonably
ascertainable costs of performing the duties assumed and performed under RCW 28A.235.010 through 28A.235.030 and
28A.235.140 by either the superintendent of public instruction or another state or local governmental entity in support
of the superintendent of public instruction’s duties under
RCW 28A.235.010 through 28A.235.030 and 28A.235.140
shall be paid exclusively with federal funds and, if any, private gifts and grants. The federal food services revolving
fund is hereby established in the custody of the state treasurer. The office of the superintendent of public instruction
shall deposit in the fund federal funds received under RCW
28A.235.010, recoveries of such funds, and gifts or grants
made to the revolving fund. Disbursements from the fund
shall be on authorization of the superintendent of public
instruction or the superintendent’s designee. The fund is subject to the allotment procedure provided under chapter 43.88
RCW, but no appropriation is required for disbursements.
The superintendent of public instruction is authorized to
expend from the federal food services revolving fund such
funds as are necessary to implement RCW 28A.235.010
through 28A.235.030 and 28A.235.140. [1990 c 33 § 242;
1987 c 193 § 2. Formerly RCW 28A.29.020.]
28A.235.020
28A.235.030 Rules. The superintendent shall have the
power to promulgate such rules in accordance with chapter
34.05 RCW as are necessary to implement this chapter.
[1987 c 193 § 3. Formerly RCW 28A.29.030.]
28A.235.030
28A.235.040 Acquisition authorized. Notwithstanding any other provision of law or chapter 39.32 RCW, the
state superintendent of public instruction is hereby authorized
to purchase, or otherwise acquire from the government of the
United States or any property or commodity disposal agency
thereof, surplus or donated food commodities for the use by
any school district for their hot lunch program. [1969 ex.s. c
223 § 28A.30.010. Prior: 1967 ex.s. c 92 § 1. Formerly RCW
28A.30.010, 28.30.010.]
28A.235.040
(2010 Ed.)
28A.235.060 Advancement of costs from revolving
fund moneys—Reimbursement by school district to
include transaction expense. In purchasing or otherwise
acquiring surplus or donated commodities on the requisition
of a school district the superintendent may advance the purchase price and other cost of acquisition thereof from the surplus and donated food commodities revolving fund and the
superintendent shall in due course bill the proper school district for the amount paid by him or her for the commodities
plus a reasonable amount to cover the expenses incurred by
the superintendent’s office in connection with the transaction. All payments received for surplus or donated commodities from school districts shall be deposited by the superintendent in the surplus and donated food commodities revolving
fund. [1990 c 33 § 243; 1969 ex.s. c 223 § 28A.30.030. Prior:
1967 ex.s. c 92 § 4. Formerly RCW 28A.30.030, 28.30.030.]
28A.235.060
28A.235.070 Revolving fund created. There is created
in the office of the state superintendent of public instruction a
revolving fund to be designated the surplus and donated food
commodities revolving fund. [1985 c 341 § 10; 1979 ex.s. c
20 § 1; 1969 ex.s. c 223 § 28A.30.040. Prior: 1967 ex.s. c 92
§ 2. Formerly RCW 28A.30.040, 28.30.040.]
28A.235.070
28A.235.080 Revolving fund—Administration of
fund—Use—School district requisition as prerequisite.
The surplus and donated food commodities revolving fund
shall be administered by the state superintendent of public
instruction and be used solely for the purchase or other acquisition, including transportation, storage and other cost, of surplus or donable food commodities from the federal government. The superintendent may purchase or otherwise acquire
such commodities only after requisition by a school district
requesting such commodities. [1969 ex.s. c 223 §
28A.30.050. Prior: 1967 ex.s. c 92 § 3. Formerly RCW
28A.30.050, 28.30.050.]
28A.235.080
28A.235.090 Revolving fund—Depositories for fund,
bond or security for—Manner of payments from fund.
The surplus and donated food commodities revolving fund
shall be deposited by the superintendent in such banks as he
or she may select, but any such depository shall furnish a
surety bond executed by a surety company or companies
authorized to do business in the state of Washington, or collateral eligible as security for deposit of state funds, in at least
the full amount of the deposit in each depository bank. Moneys shall be paid from the surplus and donated food commodities revolving fund by voucher and check in such form and in
such manner as shall be prescribed by the superintendent.
28A.235.090
[Title 28A RCW—page 91]
28A.235.100
Title 28A RCW: Common School Provisions
[1990 c 33 § 244; 1969 ex.s. c 223 § 28A.30.060. Prior: 1967
ex.s. c 92 § 5. Formerly RCW 28A.30.060, 28.30.060.]
28A.235.100 Rules. The superintendent of public
instruction shall have power to adopt rules as may be necessary to effectuate the purposes of this chapter. [1993 c 333 §
5; 1990 c 33 § 245; 1969 ex.s. c 223 § 28A.30.070. Prior:
1967 ex.s. c 92 § 6. Formerly RCW 28A.30.070, 28.30.070.]
28A.235.100
28A.235.110 Suspension of laws, rules, inconsistent
herewith. Any provision of law, or any resolution, rule or
regulation which is inconsistent with the provisions of RCW
28A.235.040 through 28A.235.110 is suspended to the extent
such provision is inconsistent herewith. [1990 c 33 § 246;
1969 ex.s. c 223 § 28A.30.080. Prior: 1967 ex.s. c 92 § 8.
Formerly RCW 28A.30.080, 28.30.080.]
28A.235.110
28A.235.120 Meal programs—Establishment and
operation—Personnel—Agreements. The directors of any
school district may establish, equip and operate meal programs in school buildings for pupils; certificated and classified employees; volunteers; public agencies, political subdivisions, or associations that serve public entities while using
school facilities; other local, state, or federal child nutrition
programs; and for school or employee functions: PROVIDED, That the expenditures for food supplies shall not
exceed the estimated revenues from the sale of meals, federal
aid, Indian education fund lunch aid, or other anticipated revenue, including donations, to be received for that purpose:
PROVIDED FURTHER, That the directors of any school
district may provide for the use of kitchens and lunchrooms
or other facilities in school buildings to furnish meals to elderly persons at cost as provided in RCW 28A.623.020: PROVIDED, FURTHER, That the directors of any school district
may provide for the use of kitchens and lunchrooms or other
facilities in school buildings to furnish meals at cost as provided in RCW 28A.623.030 to children who are participating
in educational or training or care programs or activities conducted by private, nonprofit organizations and entities and to
students who are attending private elementary and secondary
schools. Operation for the purposes of this section shall
include the employment and discharge for sufficient cause of
personnel necessary for preparation of food or supervision of
students during lunch periods and fixing their compensation,
payable from the district general fund, or entering into agreement with a private agency for the establishment, management and/or operation of a food service program or any part
thereof. [2002 c 36 § 1; 1997 c 13 § 4; 1990 c 33 § 247; 1979
ex.s. c 140 § 3; 1979 c 58 § 1; 1973 c 107 § 2; 1969 ex.s. c
223 § 28A.58.136. Prior: (i) 1947 c 31 § 1; 1943 c 51 § 1;
1939 c 160 § 1; Rem. Supp. 1947 § 4706-1. Formerly RCW
28A.58.136, 28.58.260. (ii) 1943 c 51 § 2; Rem. Supp. 1943
§ 4706-2. Formerly RCW 28.58.270.]
28A.235.120
Nonprofit meal program for elderly—Purpose: RCW 28A.623.010.
Additional notes found at www.leg.wa.gov
28A.235.130 Milk for children at school expense.
The board of directors of any school district may cause to be
furnished free of charge, in a suitable receptacle on each and
every school day to such children in attendance desiring or in
28A.235.130
[Title 28A RCW—page 92]
need of the same, not less than one-half pint of milk. The cost
of supplying such milk shall be paid for in the same manner
as other items of expense incurred in the conduct and operation of said school, except that available federal or state funds
may be used therefor. [1969 ex.s. c 223 § 28A.31.020. Prior:
1935 c 15 § 1; 1923 c 152 § 1; 1921 c 190 § 1; RRS § 4806.
Formerly RCW 28A.31.020, 28.31.020.]
Food services—Use of federal funds: Chapter 28A.235 RCW.
28A.235.140 School breakfast programs. (1) For the
purposes of this section:
(a) "Free or reduced-price lunches" means lunches
served by a school district that qualify for federal reimbursement as free or reduced-price lunches under the national
school lunch program.
(b) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773.
(c) "Severe-need school" means a school that qualifies
for a severe-need school reimbursement rate from federal
funds for school breakfasts served to children from lowincome families.
(2) School districts shall be required to develop and
implement plans for a school breakfast program in severeneed schools, pursuant to the schedule in this section. For the
second year prior to the implementation of the district’s
school breakfast program, and for each subsequent school
year, each school district shall submit data enabling the
superintendent of public instruction to determine which
schools within the district will qualify as severe-need
schools. In developing its plan, each school district shall consult with an advisory committee including school staff and
community members appointed by the board of directors of
the district.
(3) Using district-wide data on school lunch participation during the 1988-89 school year, the superintendent of
public instruction shall adopt a schedule for implementation
of school breakfast programs in severe-need schools as follows:
(a) School districts where at least forty percent of
lunches served to students are free or reduced-price lunches
shall submit a plan for implementation of a school breakfast
program in severe-need schools to the superintendent of public instruction no later than July 1, 1990. Each such district
shall implement a school breakfast program in all severeneed schools no later than the second day of school in the
1990-91 school year and in each school year thereafter.
(b) School districts where at least twenty-five but less
than forty percent of lunches served to students are free or
reduced-price lunches shall submit a plan for implementation
of a school breakfast program in severe-need schools to the
superintendent of public instruction no later than July 1,
1991. Each such district shall implement a school breakfast
program in all severe-need schools no later than the second
day of school in the 1991-92 school year and in each school
year thereafter.
(c) School districts where less than twenty-five percent
of lunches served to students are free or reduced-price
lunches shall submit a plan for implementation of a school
breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1992. Each
28A.235.140
(2010 Ed.)
Food Services
such district shall implement a school breakfast program in
all severe-need schools no later than the second day of school
in the 1992-93 school year and in each school year thereafter.
(d) School districts that did not offer a school lunch program in the 1988-89 school year are encouraged to implement such a program and to provide a school breakfast program in all severe-need schools when eligible.
(4) The requirements in this section shall lapse if the federal reimbursement rate for breakfasts served in severe-need
schools is eliminated.
(5) Students who do not meet family-income criteria for
free breakfasts shall be eligible to participate in the school
breakfast programs established under this section, and school
districts may charge for the breakfasts served to these students. Requirements that school districts have school breakfast programs under this section shall not create or imply any
state funding obligation for these costs. The legislature does
not intend to include these programs within the state’s obligation for basic education funding under Article IX of the
Constitution. [1993 c 333 § 1; 1989 c 239 § 2. Formerly
RCW 28A.29.040.]
Additional notes found at www.leg.wa.gov
28A.235.145 School breakfast and lunch programs—
Use of state funds. State funds received by school districts
under this chapter for school breakfast and lunch programs
shall be used to support the operating costs of the program,
including labor, unless specific appropriations for nonoperating costs are provided. [1993 c 333 § 2.]
28A.235.145
28A.235.150 School breakfast and lunch programs—
Grants to increase participation—Increased state support. (1) To the extent funds are appropriated, the superintendent of public instruction may award grants to school districts to increase participation in school breakfast and lunch
programs, to improve program quality, and to improve the
equipment and facilities used in the programs. School districts shall demonstrate that they have applied for applicable
federal funds before applying for funds under this subsection.
(2) To the extent funds are appropriated, the superintendent of public instruction shall increase the state support for
school breakfasts and lunches. [1993 c 333 § 3.]
28A.235.150
28A.235.155 Federal summer food service program—Administration of funds—Grants. (1) The superintendent of public instruction shall administer funds for the
federal summer food service program.
(2) The superintendent of public instruction may award
grants, to the extent funds are appropriated, to eligible organizations to help start new summer food service programs for
children or to help expand summer food services for children.
[1993 c 333 § 4.]
28A.235.155
28A.235.160 Requirements to implement school
breakfast, lunch, and summer food service programs—
Exemptions. (1) For the purposes of this section:
(a) "Free or reduced-price lunch" means a lunch served
by a school district participating in the national school lunch
program to a student qualifying for national school lunch program benefits based on family size-income criteria.
28A.235.160
(2010 Ed.)
28A.235.160
(b) "School lunch program" means a meal program
meeting the requirements defined by the superintendent of
public instruction under subsection (2)(b) of this section.
(c) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773.
(d) "Severe-need school" means a school that qualifies
for a severe-need school reimbursement rate from federal
funds for school breakfasts served to children from lowincome families.
(e) "Summer food service program" means a meal or
snack program meeting the requirements defined by the
superintendent of public instruction under subsection (4) of
this section.
(2) School districts shall implement a school lunch program in each public school in the district in which educational services are provided to children in any of the grades
kindergarten through four and in which twenty-five percent
or more of the enrolled students qualify for a free or reducedprice lunch. In developing and implementing its school lunch
program, each school district may consult with an advisory
committee including school staff, community members, and
others appointed by the board of directors of the district.
(a) Applications to determine free or reduced-price lunch
eligibility shall be distributed and collected for all households
of children in schools containing any of the grades kindergarten through four and in which there are no United States
department of agriculture child nutrition programs. The
applications that are collected must be reviewed to determine
eligibility for free or reduced-price lunches. Nothing in this
section shall be construed to require completion or submission of the application by a parent or guardian.
(b) Using the most current available school data on free
and reduced-price lunch eligibility, the superintendent of
public instruction shall adopt a schedule for implementation
of school lunch programs at each school required to offer
such a program under subsection (2) of this section as follows:
(i) Schools not offering a school lunch program and in
which twenty-five percent or more of the enrolled students
are eligible for free or reduced-price lunch shall implement a
school lunch program not later than the second day of school
in the 2005-06 school year and in each school year thereafter.
(ii) The superintendent shall establish minimum standards defining the lunch meals to be served, and such standards must be sufficient to qualify the meals for any available
federal reimbursement.
(iii) Nothing in this section shall be interpreted to prevent a school from implementing a school lunch program earlier than the school is required to do so.
(3) To extent funds are appropriated for this purpose,
each school district shall implement a school breakfast program in each school where more than forty percent of students eligible to participate in the school lunch program qualify for free or reduced-price meal reimbursement by the
school year 2005-06. For the second year before the implementation of the district’s school breakfast program, and for
each subsequent school year, each school district shall submit
data enabling the superintendent of public instruction to
determine which schools within the district will qualify for
this requirement. Schools where lunch programs start after
the 2003-04 school year, where forty percent of students
[Title 28A RCW—page 93]
28A.235.170
Title 28A RCW: Common School Provisions
qualify for free or reduced-price meals, must begin school
breakfast programs the second year following the start of a
lunch program.
(4) Each school district shall implement a summer food
service program in each public school in the district in which
a summer program of academic, enrichment, or remedial services is provided and in which fifty percent or more of the
children enrolled in the school qualify for free or reducedprice lunch. However, the superintendent of public instruction shall develop rules establishing criteria to permit an
exemption for a school that can demonstrate availability of an
adequate alternative summer feeding program. Sites providing meals should be open to all children in the area, unless a
compelling case can be made to limit access to the program.
The superintendent of public instruction shall adopt a definition of compelling case and a schedule for implementation as
follows:
(a) Beginning the summer of 2005 if the school currently
offers a school breakfast or lunch program; or
(b) Beginning the summer following the school year during which a school implements a school lunch program under
subsection (2)(b) of this section.
(5) Schools not offering a breakfast or lunch program
may meet the meal service requirements of subsections (2)(b)
and (4) of this section through any of the following:
(a) Preparing the meals on-site;
(b) Receiving the meals from another school that participates in a United States department of agriculture child
nutrition program; or
(c) Contracting with a nonschool entity that is a licensed
food service establishment under RCW 69.07.010.
(6) Requirements that school districts have a school
lunch, breakfast, or summer nutrition program under this section shall not create or imply any state funding obligation for
these costs. The legislature does not intend to include these
programs within the state’s obligation for basic education
funding under Article IX of the state Constitution.
(7) The requirements in this section shall lapse if the federal reimbursement for any school breakfasts, lunches, or
summer food service programs is eliminated.
(8) School districts may be exempted from the requirements of this section by showing good cause why they cannot
comply with the office of the superintendent of public
instruction to the extent that such exemption is not in conflict
with federal or state law. The process and criteria by which
school districts are exempted shall be developed by the office
of the superintendent of public instruction in consultation
with representatives of school directors, school food service,
community-based organizations and the Washington state
PTA. [2005 c 287 § 1; 2004 c 54 § 2.]
Findings—2005 c 287; 2004 c 54: "The legislature recognizes that
hunger and food insecurity are serious problems in the state. Since the
United States department of agriculture began to collect data on hunger and
food insecurity in 1995, Washington has been ranked each year within the
top ten states with the highest levels of hunger. A significant number of
these households classified as hungry are families with children.
The legislature recognizes the correlation between adequate nutrition
and a child’s development and school performance. This problem can be
greatly diminished through improved access to federal nutrition programs.
The legislature also recognizes that improved access to federal nutrition and assistance programs, such as the federal food stamp program and
child nutrition programs, can be a critical factor in enabling recipients to gain
the ability to support themselves and their families. This is an important step
[Title 28A RCW—page 94]
towards self-sufficiency and decreased long-term reliance on governmental
assistance and will serve to strengthen families in this state." [2005 c 287 §
2; 2004 c 54 § 1.]
Conflict with federal requirements—2004 c 54: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned.
Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [2004 c 54 § 6.]
28A.235.170 Washington grown fresh fruit and vegetable grant program. (1) The Washington grown fresh
fruit and vegetable grant program is created in the office of
the superintendent of public instruction. The purpose of the
program is to facilitate consumption of Washington grown
nutritious snacks in order to improve student health and
expand the market for locally grown fresh produce.
(2) For purposes of this section, "fresh fruit and vegetables" includes perishable produce that is unprocessed, minimally processed, frozen, dried, or otherwise prepared, stored,
and handled to maintain its fresh nature while providing convenience to the user. Producing minimally processed food
involves cleaning, washing, cutting, or portioning.
(3) The program shall increase the number of school
children with access to Washington grown fresh fruits and
vegetables and shall be modeled after the United States
department of agriculture fresh fruit and vegetable program,
as described in 42 U.S.C. Sec. 1769(g). Schools receiving
funds under the federal program are not eligible for grants
under the Washington grown fresh fruit and vegetable grant
program.
(4)(a) To the extent that state funds are appropriated specifically for this purpose, the office of the superintendent of
public instruction shall solicit applications, conduct a competitive process, and make one or two-year grants to a mix of
urban and rural schools to enable eligible schools to provide
free Washington grown fresh fruits and vegetables throughout the school day.
(b) When evaluating applications and selecting grantees,
the superintendent of public instruction shall consider and
prioritize the following factors:
(i) The applicant’s plan for ensuring the use of Washington grown fruits and vegetables within the program;
(ii) The applicant’s plan for incorporating nutrition, agricultural stewardship education, and environmental education
into the snack program;
(iii) The applicant’s plan for establishing partnerships
with state, local, and private entities to further the program’s
objectives, such as helping the school acquire, handle, store,
and distribute Washington grown fresh fruits and vegetables.
(5)(a) The office of the superintendent of public instruction shall give funding priority to applicant schools with any
of grades kindergarten through eight that: Participate in the
national school lunch program and have fifty percent or more
of their students eligible for free or reduced-price meals
under the federal national school lunch act, 42 U.S.C. Sec.
1751 et seq.
(b) If any funds remain after all eligible priority applicant schools have been awarded grants, the office of the
superintendent of public instruction may award grants to
28A.235.170
(2010 Ed.)
Skill Centers
applicant schools having less than fifty percent of the students eligible for free or reduced-price meals.
(6) The office of the superintendent of public instruction
may adopt rules to carry out the grant program.
(7) With assistance from the Washington department of
agriculture, the office of the superintendent of public instruction shall develop and track specific, quantifiable outcome
measures of the grant program such as the number of students
served by the program, the dollar value of purchases of
Washington grown fruits and vegetables resulting from the
program, and development of state, local, and private partnerships that extend beyond the cafeteria.
(8) As used in this section, "Washington grown" has the
definition in RCW 15.64.060. [2008 c 215 § 3.]
Findings—Intent—Short title—Captions not law—Conflict with
federal requirements—2008 c 215: See notes following RCW 15.64.060.
Chapter 28A.245
Chapter 28A.245 RCW
SKILL CENTERS
Sections
28A.245.005
28A.245.010
28A.245.020
28A.245.030
28A.245.040
28A.245.050
28A.245.060
28A.245.070
28A.245.080
28A.245.090
Findings.
Skill centers—Purpose—Operation.
Funding—Equivalency and apportionment.
Revised guidelines for skill centers—Satellite and branch
campus programs—Capital plan—Studies—Master
plan—Rules.
Expanded access—Targeted populations—Evaluation.
Skill centers of excellence—Running start for career and
technical education grant program—Career and technical
programs of study.
Director of skill centers.
High school diplomas—Agreements with cooperating school
districts—High school completion programs.
Contracts with community or technical colleges—Courses
leading to industry certificates or credentials for high
school graduates.
Contracts with community colleges—Enrollment lid—Fees.
28A.245.005 Findings. The legislature finds that student access to programs offered at skill centers can help prepare them for careers, apprenticeships, and postsecondary
education. The legislature further finds that current limits on
how school districts and skill centers report full-time equivalent students and the time students are served provide a disincentive for school districts to send their students to skill centers. The legislature further finds that there are barriers to
providing access to students in rural and remote areas but that
there are opportunities to do so with satellite and branch campus programs, distance and online learning programs, and
collaboration with higher education, business, and labor. The
legislature further finds that skill centers provide opportunities for dropout prevention and retrieval programs by offering
programs that accommodate students’ work schedules and
provide credit retrieval opportunities. The legislature further
finds that implementing the recommendations from the study
by the workforce training and education coordinating board
will enhance skill center programs and student access to
those programs. [2007 c 463 § 1.]
28A.245.005
28A.245.010 Skill centers—Purpose—Operation. A
skill center is a regional career and technical education partnership established to provide access to comprehensive
industry-defined career and technical programs of study that
prepare students for careers, employment, apprenticeships,
28A.245.010
(2010 Ed.)
28A.245.030
and postsecondary education. A skill center is operated by a
host school district and governed by an administrative council in accordance with a cooperative agreement. [2007 c 463
§ 2.]
28A.245.020
28A.245.020 Funding—Equivalency and apportionment. Beginning in the 2007-08 school year and thereafter,
students attending skill centers shall be funded for all classes
at the skill center and the sending districts, up to one and sixtenths full-time equivalents or as determined in the omnibus
appropriations act. The office of the superintendent of public
instruction shall develop procedures to ensure that the school
district and the skill center report no student for more than
one and six-tenths full-time equivalent students combining
both their high school enrollment and skill center enrollment.
Additionally, the office of the superintendent of public
instruction shall develop procedures for determining the
appropriate share of the full-time equivalent enrollment count
between the resident high school and skill center. [2007 c
463 § 3.]
28A.245.030
28A.245.030 Revised guidelines for skill centers—
Satellite and branch campus programs—Capital plan—
Studies—Master plan—Rules. (1) The office of the superintendent of public instruction shall review and revise the
guidelines for skill centers to encourage skill center programs. The superintendent, in cooperation with the workforce training and education coordinating board, skill center
directors, and the Washington association for career and technical education, shall review and revise the existing skill centers’ policy guidelines and create and adopt rules governing
skill centers as follows:
(a) The threshold enrollment at a skill center shall be
revised so that a skill center program need not have a minimum of seventy percent of its students enrolled on the skill
center core campus in order to facilitate serving rural students
through expansion of skill center programs by means of satellite programs or branch campuses;
(b) The developmental planning for branch campuses
shall be encouraged. Underserved rural areas or high-density
areas may partner with an existing skill center to create satellite programs or a branch campus. Once a branch campus
reaches sufficient enrollment to become self-sustaining, it
may become a separate skill center or remain an extension of
the founding skill center; and
(c) Satellite and branch campus programs shall be
encouraged to address high-demand fields.
(2) Rules adopted under this section shall allow for innovative models of satellite and branch campus programs, and
such programs shall not be limited to those housed in physical buildings.
(3) The superintendent of public instruction shall
develop and deliver a ten-year capital plan for legislative
review before implementation. The superintendent of public
instruction shall adopt rules that set as a goal a ten percent
minimum local project contribution threshold for major skill
center projects, unless there is a compelling rationale not to
do so, including but not limited to local economic conditions,
as determined by the superintendent of public instruction.
[Title 28A RCW—page 95]
28A.245.040
Title 28A RCW: Common School Provisions
This applies to the acquisition or major capital costs of skill
center projects as outlined in the ten-year capital plan.
(4) Subject to available funding, the superintendent
shall:
(a) Conduct approved feasibility studies for serving noncooperative rural and high-density area students in their geographic areas; and
(b) Develop a statewide master plan that identifies standards and resources needed to create a technology infrastructure for connecting all skill centers to the K-20 network.
[2008 c 179 § 302; 2007 c 463 § 4.]
Part headings not law—Severability—Effective date—2008 c 179:
See RCW 28A.527.900 through 28A.527.902.
28A.245.040 Expanded access—Targeted populations—Evaluation. Subject to available funding, skill centers shall provide access to late afternoon and evening sessions and summer school programs, to rural and high-density
area students aligned with regionally identified high-demand
occupations. When possible, the programs shall be specifically targeted for credit retrieval, dropout prevention and
intervention for at-risk students, and retrieval of dropouts.
Skill centers that receive funding for these activities must
participate in an evaluation that is designed to quantify
results and identify best practices, collaborate with local
community partners in providing a comprehensive program,
and provide matching funds. [2007 c 463 § 5.]
28A.245.040
28A.245.050 Skill centers of excellence—Running
start for career and technical education grant program—
Career and technical programs of study. (1) The superintendent of public instruction shall establish and support skill
centers of excellence in key economic sectors of regional significance. The superintendent shall broker the development
of skill centers of excellence and identify their roles in developing curriculum and methodologies for reporting skill center course equivalencies for purposes of high school graduation.
(2) Once the skill centers of excellence are established,
the superintendent of public instruction shall develop and
seek funding for a running start for career and technical education grant program to develop and implement career and
technical programs of study targeted to regionally determined
high-demand occupations. Grant recipients should be partnerships of skill centers of excellence, community college
centers of excellence, tech-prep programs, industry advisory
committees, area workforce development councils, and skill
panels in the related industry. Grant recipients should be
expected to develop and assist in the replication of model
career and technical education programs of study. The career
and technical education programs of study developed should
be consistent with the expectations in the applicable federal
law. [2007 c 463 § 6.]
28A.245.050
28A.245.060 Director of skill centers. To the extent
funds are available, the superintendent of public instruction
shall assign at least one full-time equivalent staff position
within the office of the superintendent of public instruction to
serve as the director of skill centers. [2009 c 578 § 7; 2007 c
463 § 7.]
28A.245.060
[Title 28A RCW—page 96]
28A.245.070 High school diplomas—Agreements
with cooperating school districts—High school completion programs. Skill centers may enter into agreements with
one or more cooperating school districts to grant a high
school diploma on behalf of the district so that students who
are juniors and seniors have an opportunity to attend the skill
center on a full-time basis without coenrollment at a district
high school. To avoid competition with other high schools in
the cooperating district, high school completion programs
operated by skill centers shall be designed as dropout prevention and retrieval programs for at-risk and credit-deficient
students or for fifth-year seniors. A skill center may use grant
awards from the building bridges program under RCW
28A.175.025 to develop high school completion programs as
provided in this section. [2008 c 170 § 203.]
28A.245.070
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
28A.245.080 Contracts with community or technical
colleges—Courses leading to industry certificates or credentials for high school graduates. (1) Subject to the provisions of this section and RCW 28B.50.532, a skill center
may enter into an agreement with the community or technical
college in which district the skill center is located to provide
career and technical education courses necessary to complete
an industry certificate or credential for students who have
received a high school diploma.
(2) To qualify for enrollment under this section, a student
must have been enrolled in the skill center before receiving
the high school diploma and must remain continuously
enrolled in the skill center. A student may enroll only in
those courses necessary to complete the industry certificate
or credential associated with the student’s career and technical program.
(3) Students enrolled in a skill center under this section
shall be considered community and technical college students
for purposes of enrollment reporting, tuition, and financial
aid. The skill center shall maintain enrollment data for students enrolled under this section separately from data on secondary school enrollment. [2008 c 170 § 304.]
28A.245.080
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
28A.245.090 Contracts with community colleges—
Enrollment lid—Fees. The community colleges are encouraged to contract with skill centers to use the skill center facilities. The community colleges shall not be required to count
the enrollments under these agreements toward the community college enrollment lid. Skill centers may charge fees to
adult students under RCW 28A.225.220. [1993 c 380 § 3.
Formerly RCW 28C.22.020.]
28A.245.090
Chapter 28A.250
Chapter 28A.250 RCW
ONLINE LEARNING
Sections
28A.250.005 Findings—Intent.
28A.250.010 Definitions.
28A.250.020 Multidistrict online providers—Approval criteria—Advisory
committee.
28A.250.030 Office of online learning—Duties.
28A.250.040 Duties of the superintendent of public instruction.
(2010 Ed.)
Online Learning
28A.250.050 Student access to online courses and online learning programs—Policies and procedures—Dissemination of information—Development of local or regional online learning
programs.
28A.250.060 Availability of state basic education funding for students
enrolled in online courses or programs.
28A.250.070 Rights of students to attend nonresident school district for the
purposes of enrolling in online courses or programs.
28A.250.005 Findings—Intent. (1) The legislature
finds that online learning provides tremendous opportunities
for students to access curriculum, courses, and a unique
learning environment that might not otherwise be available.
The legislature supports and encourages online learning
opportunities.
(2) However, the legislature also finds that there is a
need to assure quality in online learning, both for the programs and the administration of those programs. The legislature is the steward of public funds that support students
enrolled in online learning and must ensure an appropriate
accountability system at the state level.
(3) Therefore, the legislature intends to take a first step in
improving oversight and quality assurance of online learning
programs, and intends to examine possible additional steps
that may need to be taken to improve financial accountability.
(4) The first step in improving quality assurance is to:
(a) Provide objective information to students, parents,
and educators regarding available online learning opportunities, including program and course content, how to register
for programs and courses, teacher qualifications, student-toteacher ratios, prior course completion rates, and other evaluative information;
(b) Create an approval process for multidistrict online
providers;
(c) Enhance statewide equity of student access to high
quality online learning opportunities; and
(d) Require school district boards of directors to develop
policies and procedures for student access to online learning
opportunities. [2009 c 542 § 1.]
28A.250.005
28A.250.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1)(a) "Multidistrict online provider" means:
(i) A private or nonprofit organization that enters into a
contract with a school district to provide online courses or
programs to K-12 students from more than one school district;
(ii) A private or nonprofit organization that enters into
contracts with multiple school districts to provide online
courses or programs to K-12 students from those districts; or
(iii) Except as provided in (b) of this subsection, a school
district that provides online courses or programs to students
who reside outside the geographic boundaries of the school
district.
(b) "Multidistrict online provider" does not include a
school district online learning program in which fewer than
ten percent of the students enrolled in the program are from
other districts under the interdistrict student transfer provisions of RCW 28A.225.225. "Multidistrict online provider"
also does not include regional online learning programs that
are jointly developed and implemented by two or more
school districts or an educational service district through an
28A.250.010
(2010 Ed.)
28A.250.020
interdistrict cooperative program agreement that addresses, at
minimum, how the districts share student full-time equivalency for state basic education funding purposes and how categorical education programs, including special education, are
provided to eligible students.
(2)(a) "Online course" means a course that:
(i) Is delivered primarily electronically using the internet
or other computer-based methods; and
(ii) Is taught by a teacher primarily from a remote location. Students enrolled in an online course may have access
to the teacher synchronously, asynchronously, or both.
(b) "Online school program" means a school program
that:
(i) Is delivered primarily electronically using the internet
or other computer-based methods;
(ii) Is taught by a teacher primarily from a remote location. Students enrolled in an online program may have access
to the teacher synchronously, asynchronously, or both;
(iii) Delivers a part-time or full-time sequential program;
and
(iv) Has an online component of the program with online
lessons and tools for student and data management.
(c) An online course or online school program may be
delivered to students at school as part of the regularly scheduled school day. An online course or online school program
also may be delivered to students, in whole or in part, independently from a regular classroom schedule, but such
courses or programs must comply with RCW 28A.150.262 to
qualify for state basic education funding. [2009 c 542 § 2.]
28A.250.020 Multidistrict online providers—
Approval criteria—Advisory committee. (1) The superintendent of public instruction, in collaboration with the state
board of education, shall develop and implement approval
criteria and a process for approving multidistrict online providers; a process for monitoring and if necessary rescinding
the approval of courses or programs offered by an online
course provider; and an appeals process. The criteria and
processes shall be adopted by rule by December 1, 2009.
(2) When developing the approval criteria, the superintendent of public instruction shall require that providers
offering online courses or programs have accreditation
through the Northwest association of accredited schools or
another national, regional, or state accreditation program
listed by the office of the superintendent of public instruction
after consultation with the Washington coalition for online
learning. In addition to other criteria, the approval criteria
shall include the degree of alignment with state academic
standards and require that all teachers be certificated in accordance with Washington state law. When reviewing multidistrict online providers that offer high school courses, the
superintendent of public instruction shall assure that the
courses offered by the provider are eligible for high school
credit. However, final decisions regarding the awarding of
high school credit shall remain the responsibility of school
districts.
(3) Initial approval of multidistrict online providers by
the superintendent of public instruction shall be for four
years. The superintendent of public instruction shall develop
a process for the renewal of approvals and for rescinding
approvals based on noncompliance with approval require28A.250.020
[Title 28A RCW—page 97]
28A.250.030
Title 28A RCW: Common School Provisions
ments. Any multidistrict online provider that was approved
by the digital learning commons or accredited by the Northwest association of accredited schools before July 26, 2009,
and that meets the teacher certification requirements of subsection (2) of this section, is exempt from the initial approval
process under this section until August 31, 2012, but must
comply with the process for renewal of approvals and must
comply with approval requirements.
(4) The superintendent of public instruction shall make
the first round of decisions regarding approval of multidistrict online providers by April 1, 2010. Thereafter, the superintendent of public instruction shall make annual approval
decisions no later than November 1st of each year.
(5) The superintendent of public instruction shall establish an online learning advisory committee within existing
resources that shall provide advice to the superintendent
regarding the approval criteria, major components of the web
site, the model school district policy, model agreements, and
other related matters. The committee shall include a representative of each of the following groups: Private and public
online providers, parents of online students, accreditation
organizations, educational service districts, school principals,
teachers, school administrators, school board members, institutions of higher education, and other individuals as determined by the superintendent. Members of the advisory committee shall be selected by the superintendent based on nominations from statewide organizations, shall serve three-year
terms, and may be reappointed. The superintendent shall
select the chair of the committee. [2009 c 542 § 3.]
28A.250.030 Office of online learning—Duties. The
superintendent of public instruction shall create an office of
online learning. In the initial establishment of the office, the
superintendent shall hire staff who have been employed by
the digital learning commons to the extent such hiring is in
accordance with state law and to the extent funds are available. The office shall:
(1) Develop and maintain a web site that provides objective information for students, parents, and educators regarding online learning opportunities offered by multidistrict
online providers that have been approved in accordance with
RCW 28A.250.020. The web site shall include information
regarding the online course provider’s overall instructional
program, specific information regarding the content of individual online courses and online school programs, a direct
link to each online course provider’s web site, how to register
for online learning programs and courses, teacher qualifications, student-to-teacher ratios, course completion rates, and
other evaluative and comparative information. The web site
shall also provide information regarding the process and criteria for approving multidistrict online providers. To the
greatest extent possible, the superintendent shall use the
framework of the course offering component of the web site
developed by the digital learning commons;
(2) Develop model agreements with approved multidistrict online providers that address standard contract terms and
conditions that may apply to contracts between a school district and the approved provider. The purpose of the agreements is to provide a template to assist individual school districts, at the discretion of the district, in contracting with multidistrict online providers to offer the multidistrict online
28A.250.030
[Title 28A RCW—page 98]
provider’s courses and programs to students in the district.
The agreements may address billing, fees, responsibilities of
online course providers and school districts, and other issues;
and
(3) In collaboration with the educational service districts:
(a) Provide technical assistance and support to school
district personnel through the educational technology centers
in the development and implementation of online learning
programs in their districts; and
(b) To the extent funds are available, provide online
learning tools for students, teachers, administrators, and other
educators. [2009 c 542 § 4.]
28A.250.040 Duties of the superintendent of public
instruction. The superintendent of public instruction shall:
(1) Develop model policies and procedures, in consultation with the Washington state school directors’ association,
that may be used by school district boards of directors in the
development of the school district policies and procedures
required in RCW 28A.250.050. The model policies and procedures shall be disseminated to school districts by February
1, 2010;
(2) By December 1, 2009, modify the standards for
school districts to report course information to the office of
the superintendent of public instruction under RCW
28A.300.500 to designate if the course was an online course.
The reporting standards shall be required beginning with the
2010-11 school year; and
(3) Beginning January 15, 2011, and annually thereafter,
submit a report regarding online learning to the state board of
education, the governor, and the legislature. The report shall
cover the previous school year and include but not be limited
to student demographics, course enrollment data, aggregated
student course completion and passing rates, and activities
and outcomes of course and provider approval reviews.
[2009 c 542 § 5.]
28A.250.040
28A.250.050 Student access to online courses and
online learning programs—Policies and procedures—
Dissemination of information—Development of local or
regional online learning programs. (1) By August 31,
2010, all school district boards of directors shall develop policies and procedures regarding student access to online
courses and online learning programs. The policies and procedures shall include but not be limited to: Student eligibility
criteria; the types of online courses available to students
through the school district; the methods districts will use to
support student success, which may include a local advisor;
when the school district will and will not pay course fees and
other costs; the granting of high school credit; and a process
for students and parents or guardians to formally acknowledge any course taken for which no credit is given. The policies and procedures shall take effect beginning with the
2010-11 school year. School districts shall submit their policies to the superintendent of public instruction by September
15, 2010. By December 1, 2010, the superintendent of public
instruction shall summarize the school district policies
regarding student access to online courses and submit a
report to the legislature.
28A.250.050
(2010 Ed.)
Quality Education Council
(2) School districts shall provide students with information regarding online courses that are available through the
school district. The information shall include the types of
information described in subsection (1) of this section.
(3) When developing local or regional online learning
programs, school districts shall incorporate into the program
design the approval criteria developed by the superintendent
of public instruction under RCW 28A.250.020. [2009 c 542
§ 6.]
28A.250.060 Availability of state basic education
funding for students enrolled in online courses or programs. (1) Beginning with the 2011-12 school year, school
districts may claim state basic education funding, to the
extent otherwise allowed by state law, for students enrolled in
online courses or programs only if the online courses or programs are:
(a) Offered by a multidistrict online provider approved
under RCW 28A.250.020 by the superintendent of public
instruction;
(b) Offered by a school district online learning program
if the program serves students who reside within the geographic boundaries of the school district, including school
district programs in which fewer than ten percent of the program’s students reside outside the school district’s geographic boundaries; or
(c) Offered by a regional online learning program where
courses are jointly developed and offered by two or more
school districts or an educational service district through an
interdistrict cooperative program agreement.
(2) Criteria shall be established by the superintendent of
public instruction to allow online courses that have not been
approved by the superintendent of public instruction to be eligible for state funding if the course is in a subject matter in
which no courses have been approved and, if it is a high
school course, the course meets Washington high school
graduation requirements. [2009 c 542 § 7.]
28A.250.060
28A.250.070 Rights of students to attend nonresident
school district for the purposes of enrolling in online
courses or programs. Nothing in this chapter is intended to
diminish the rights of students to attend a nonresident school
district in accordance with RCW 28A.225.220 through
28A.225.230 for the purposes of enrolling in online courses
or programs. [2009 c 542 § 8.]
28A.250.070
Chapter 28A.290
Chapter 28A.290 RCW
QUALITY EDUCATION COUNCIL
Sections
28A.290.010 Quality education council—Purpose—Membership and
staffing—Reports.
28A.290.020 Funding formulas to support instructional program—Technical working group.
28A.290.010 Quality education council—Purpose—
Membership and staffing—Reports. (1) The quality education council is created to recommend and inform the ongoing implementation by the legislature of an evolving program
of basic education and the financing necessary to support
such program. The council shall develop strategic recom28A.290.010
(2010 Ed.)
28A.290.010
mendations on the program of basic education for the common schools. The council shall take into consideration the
capacity report produced under RCW 28A.300.172 and the
availability of data and progress of implementing the data
systems required under RCW 28A.655.210. Any recommendations for modifications to the program of basic education
shall be based on evidence that the programs effectively support student learning. The council shall update the statewide
strategic recommendations every four years. The recommendations of the council are intended to:
(a) Inform future educational policy and funding decisions of the legislature and governor;
(b) Identify measurable goals and priorities for the educational system in Washington state for a ten-year time
period, including the goals of basic education and ongoing
strategies for coordinating statewide efforts to eliminate the
achievement gap and reduce student dropout rates; and
(c) Enable the state of Washington to continue to implement an evolving program of basic education.
(2) The council may request updates and progress reports
from the office of the superintendent of public instruction, the
state board of education, the professional educator standards
board, and the department of early learning on the work of the
agencies as well as educational working groups established
by the legislature.
(3) The chair of the council shall be selected from the
councilmembers. The council shall be composed of the following members:
(a) Four members of the house of representatives, with
two members representing each of the major caucuses and
appointed by the speaker of the house of representatives;
(b) Four members of the senate, with two members representing each of the major caucuses and appointed by the
president of the senate;
(c) One representative each from the office of the governor, office of the superintendent of public instruction, state
board of education, professional educator standards board,
and department of early learning; and
(d) One nonlegislative representative from the achievement gap oversight and accountability committee established
under RCW 28A.300.136, to be selected by the members of
the committee.
(4) In the 2009 fiscal year, the council shall meet as often
as necessary as determined by the chair. In subsequent years,
the council shall meet no more than four times a year.
(5)(a) The council shall submit an initial report to the
governor and the legislature by January 1, 2010, detailing its
recommendations, including recommendations for resolving
issues or decisions requiring legislative action during the
2010 legislative session, and recommendations for any funding necessary to continue development and implementation
of chapter 548, Laws of 2009.
(b) The initial report shall, at a minimum, include:
(i) Consideration of how to establish a statewide beginning teacher mentoring and support system;
(ii) Recommendations for a program of early learning for
at-risk children;
(iii) A recommended schedule for the concurrent phasein of the changes to the instructional program of basic education and the implementation of the funding formulas and allocations to support the new instructional program of basic
[Title 28A RCW—page 99]
28A.290.020
Title 28A RCW: Common School Provisions
education as established under chapter 548, Laws of 2009.
The phase-in schedule shall have full implementation completed by September 1, 2018; and
(iv) A recommended schedule for phased-in implementation of the new distribution formula for allocating state
funds to school districts for the transportation of students to
and from school, with phase-in beginning no later than September 1, 2013.
(6) The council shall submit a report to the legislature by
January 1, 2012, detailing its recommendations for a comprehensive plan for a voluntary program of early learning.
Before submitting the report, the council shall seek input
from the early learning advisory council created in RCW
43.215.090.
(7) The council shall submit a report to the governor and
the legislature by December 1, 2010, that includes:
(a) Recommendations for specific strategies, programs,
and funding, including funding allocations through the funding distribution formula in RCW 28A.150.260, that are
designed to close the achievement gap and increase the high
school graduation rate in Washington public schools. The
council shall consult with the achievement gap oversight and
accountability committee and the building bridges work
group in developing its recommendations; and
(b) Recommendations for assuring adequate levels of
state-funded classified staff to support essential school and
district services.
(8) The council shall be staffed by the office of the superintendent of public instruction and the office of financial
management. Additional staff support shall be provided by
the state entities with representatives on the council. Senate
committee services and the house of representatives office of
program research may provide additional staff support.
(9) Legislative members of the council shall serve without additional compensation but may be reimbursed for travel
expenses in accordance with RCW 44.04.120 while attending
sessions of the council or on official business authorized by
the council. Nonlegislative members of the council may be
reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060. [2010 c 236 § 15; 2010 c 234 § 4;
2009 c 548 § 114.]
Reviser’s note: This section was amended by 2010 c 234 § 4 and by
2010 c 236 § 15, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2010 c 236: See note following RCW 28A.150.260.
Intent—2010 c 234: See note following RCW 43.215.090.
Effective date—2010 c 236 § 6: "Section 6 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 29, 2010]." [2010 c 236 § 20.]
Technical working group—Supplemental funding options—2010 c
236; 2009 c 548: "(1) Beginning April 1, 2010, the office of financial management, with assistance and support from the office of the superintendent of
public instruction, shall convene a technical working group to develop
options for a new system of supplemental school funding through local
school levies and local effort assistance.
(2) The working group shall consider the impact on overall school district revenues of the new basic education funding system established under
chapter 548, Laws of 2009 and shall recommend a phase-in plan that ensures
that no school district suffers a decrease in funding from one school year to
the next due to implementation of the new system of supplemental funding.
(3) The working group shall also:
(a) Examine local school district capacity to address facility needs
[Title 28A RCW—page 100]
associated with phasing-in full-day kindergarten across the state and reducing class size in kindergarten through third grade; and
(b) Provide the quality education council with analysis on the potential
use of local funds that may become available for redeployment and redirection as a result of increased state funding allocations for pupil transportation
and maintenance, supplies, and operating costs.
(4) The working group shall be composed of representatives from the
department of revenue, the legislative evaluation and accountability program
committee, school district and educational service district financial managers, and representatives of the Washington association of school business
officers, the Washington education association, the Washington association
of school administrators, the association of Washington school principals,
the Washington state school directors’ association, the public school
employees of Washington, and other interested stakeholders with expertise
in education finance. The working group may convene advisory subgroups
on specific topics as necessary to assure participation and input from a broad
array of diverse stakeholders.
(5) The local funding working group shall be monitored and overseen
by the legislature and by the quality education council created in RCW
28A.290.010. The working group shall report to the legislature June 30,
2011." [2010 c 236 § 6; 2009 c 548 § 302.]
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.290.020 Funding formulas to support instructional program—Technical working group. (1) The legislature intends to continue to redefine the instructional program of education under RCW 28A.150.220 that fulfills the
obligations and requirements of Article IX of the state Constitution. The funding formulas under RCW 28A.150.260 to
support the instructional program shall be implemented to the
extent the technical details of the formula have been established and according to an implementation schedule to be
adopted by the legislature. The object of the schedule is to
assure that any increases in funding allocations are timely,
predictable, and occur concurrently with any increases in program or instructional requirements. It is the intent of the legislature that no increased programmatic or instructional
expectations be imposed upon schools or school districts
without an accompanying increase in resources as necessary
to support those increased expectations.
(2) The office of financial management, with assistance
and support from the office of the superintendent of public
instruction, shall convene a technical working group to:
(a) Develop the details of the funding formulas under
RCW 28A.150.260;
(b) Recommend to the legislature an implementation
schedule for phasing-in any increased program or instructional requirements concurrently with increases in funding
for adoption by the legislature; and
(c) Examine possible sources of revenue to support
increases in funding allocations and present options to the
legislature and the quality education council created in RCW
28A.290.010 for consideration.
(3) The working group shall include representatives of
the legislative evaluation and accountability program committee, school district and educational service district financial managers, the Washington association of school business
officers, the Washington education association, the Washington association of school administrators, the association of
Washington school principals, the Washington state school
directors’ association, the public school employees of Washington, and other interested stakeholders with expertise in
education finance. The working group may convene advi28A.290.020
(2010 Ed.)
Superintendent of Public Instruction
sory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.
(4) The working group shall be monitored and overseen
by the legislature and the quality education council established in RCW 28A.290.010. The working group shall submit its recommendations to the legislature by December 1,
2009.
(5) After the 2009 report to the legislature, the office of
financial management and the office of the superintendent of
public instruction shall periodically reconvene the working
group to monitor and provide advice on further development
and implementation of the funding formulas under RCW
28A.150.260 and provide technical assistance to the ongoing
work of the quality education council. [2010 c 236 § 5; 2009
c 548 § 112.]
Intent—2010 c 236: See note following RCW 28A.150.260.
Chapter 28A.300 RCW
SUPERINTENDENT OF PUBLIC INSTRUCTION
28A.300.165
28A.300.170
28A.300.172
28A.300.173
28A.300.175
28A.300.185
28A.300.190
28A.300.220
28A.300.230
28A.300.235
28A.300.240
28A.300.250
28A.300.270
28A.300.275
Chapter 28A.300
28A.300.280
28A.300.285
Sections
28A.300.010
28A.300.020
Election—Term of office.
Assistant superintendents, deputy superintendent, assistants—Terms for exempt personnel.
28A.300.030 Assistance of educational service district boards and superintendents—Scope.
28A.300.035 Assistance of certificated or classified employee—Reimbursement for substitute.
28A.300.040 Powers and duties.
28A.300.041 Statewide student assessment system—Redesign—Reports
to the legislature.
28A.300.042 Student data-related reports—Disaggregation of data by
subgroups.
28A.300.045 Pupil tests and records—Rules.
28A.300.050 Assistance to professional educator standards board for
activities involving professional educator excellence.
28A.300.060 Studies and adoption of classifications for school district
budgets—Publication.
28A.300.065 Classification and numbering system of school districts.
28A.300.070 Receipt of federal funds for school purposes—Superintendent of public instruction to administer.
28A.300.080 Vocational agriculture education—Intent.
28A.300.090 Vocational agriculture education—Service area established—Duties.
28A.300.100 Vocational agriculture education—Superintendent to adopt
rules.
28A.300.115 Holocaust instruction—Preparation and availability of
instructional materials.
28A.300.118 College credit program information—Notification to
schools and parents.
28A.300.119 Online learning programs for college credit—Information.
28A.300.120 Administrative hearing—Contract to conduct authorized—
Final decision.
28A.300.130 Center for the improvement of student learning—Educational improvement and research—Clearinghouse for
information regarding educational improvement and
parental involvement programs—Web site development
and maintenance—Reports to the legislature.
28A.300.131 Parental involvement—Measures to evaluate level—Models and practices—Recognition.
28A.300.135 Center for the improvement of student learning account.
28A.300.136 Achievement gap oversight and accountability committee—Policy and strategy recommendations.
28A.300.1361 Closing the achievement gap—Enhancing data collection
and data system capacity—Securing federal funds.
28A.300.137 Strategies to address the achievement gap—Improvement
of education performance measures—Annual report.
28A.300.145 Educational materials regarding sex offenses, sex offenders,
and victims of sexual assault.
28A.300.150 Information on child abuse and neglect prevention curriculum—Rules.
28A.300.160 Development of coordinated primary prevention program
for child abuse and neglect—Office as lead agency.
28A.300.164 Energy information program.
(2010 Ed.)
28A.300.290
28A.300.295
28A.300.300
28A.300.310
28A.300.320
28A.300.330
28A.300.340
28A.300.360
28A.300.370
28A.300.380
28A.300.390
28A.300.395
28A.300.400
28A.300.405
28A.300.410
28A.300.415
28A.300.420
28A.300.430
28A.300.440
28A.300.445
28A.300.450
28A.300.460
28A.300.462
28A.300.464
28A.300.465
28A.300.475
28A.300.480
28A.300.490
28A.300.500
28A.300.505
28A.300.507
Chapter 28A.300
National guard high school career training and national
guard youth challenge program—Rules.
State general fund—Estimates for state support to public
schools, from.
Prototypical funding allocation model—Determination of
educational system’s capacity to accommodate
increased resources—Identification of limitations—
Reports.
Prototypical funding model—District allocation of state
resources—Public access on internet-based portal.
Recovery of payments to recipients of state money—
Basis—Resolution of audit findings—Rules.
Family preservation education program.
Coordination of video telecommunications programming in
schools.
Cooperation with workforce training and education coordinating board.
Findings—Integration of vocational and academic education.
Development of model curriculum integrating vocational
and academic education.
International student exchange.
Participation in federal nutrition programs—Superintendent’s duties.
Violence prevention training.
Alternative school start-up grants—School safety grants—
Report to legislative committees.
Conflict resolution program.
Harassment, intimidation, and bullying prevention policies
and procedures—Model policy and procedure—Training materials—Posting on web site—Rules—Advisory
committee.
Effective reading programs—Identification.
Identified programs—Grants for in-service training and
instructional materials.
Effective reading programs—Information—Development
and implementation of strategies.
Second grade reading assessment—Selection of reading
passages—Costs.
Second grade reading assessment—Pilot projects—Assessment selection—Assessment results.
Primary grade reading grant program.
Primary grade reading grant program—Timelines—Rules.
Grants for programs and services—Truant, at-risk, and
expelled students.
World War II oral history project.
Career and technical student organizations—Support services.
Washington civil liberties public education program—
Findings.
Washington civil liberties public education program—
Intent.
Washington civil liberties public education program—Definition.
Washington civil liberties public education program—Created—Purpose.
Washington civil liberties public education program—
Grants—Acceptance of gifts, grants, or endowments.
Washington civil liberties public education program—
Short title.
Student court programs.
Collaboration with children’s system of care demonstration
sites.
Natural science, wildlife, and environmental education
grant program.
Washington natural science, wildlife, and environmental
education partnership account.
Financial education public-private partnership—Established.
Financial education public-private partnership responsibilities—Annual report.
Financial education public-private partnership—Financial
education learning standards—Technical assistance and
grants for demonstration projects—Report.
Financial education public-private partnership—Contents
of report.
Financial education public-private partnership account.
Medically accurate sexual health education—Curricula—
Participation excused—Parental review.
Civic education travel grant program.
Task force on gangs in schools—Reports.
Longitudinal student data system.
School data systems—Standards—Reporting format.
K-12 data governance group—Duties—Reports.
[Title 28A RCW—page 101]
28A.300.010
28A.300.510
28A.300.515
28A.300.520
28A.300.525
28A.300.530
28A.300.540
28A.300.800
28A.300.801
Title 28A RCW: Common School Provisions
After-school mathematics support program—Reports.
Statewide director for math, science, and technology—
Duties—Reporting.
Policies to support children of incarcerated parents.
Students in children’s administration out-of-home care—
Report on educational experiences.
Individuals with dyslexia—Identification and instruction—
Handbook—Reports.
Uniform process to track expenditures for transporting
homeless students—Rules—Information to agency
council on coordinated transportation.
Education of school-age children in short-term foster
care—Working group—Recommendations to legislature.
Legislative youth advisory council.
Corporal punishment prohibited—Adoption of policy: RCW 28A.150.300.
Council for children and families, superintendent or designee as member:
RCW 43.121.020.
Driving instructor’s licensing, adoption by superintendent of rules: RCW
46.82.320.
Interagency agreement on fetal alcohol exposure programs: RCW
70.96A.510.
Occupational forecast—Agency consultation: RCW 50.38.030.
State investment board, appointment of member by superintendent: RCW
43.33A.020.
1967 c 158 § 3; 1909 c 97 p 234 § 4; RRS § 4524; prior: 1905
c 56 § 1; 1903 c 104 § 10; 1897 c 118 § 23; 1890 p 351 § 5.
Formerly RCW 28A.03.020, 28.03.020, 43.11.020.]
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
28A.300.030
28A.300.030 Assistance of educational service district boards and superintendents—Scope. The superintendent of public instruction, by rule or regulation, may require
the assistance of educational service district boards and/or
superintendents in the performance of any duty, authority, or
power imposed upon or granted to the superintendent of public instruction by law or by the Constitution of the state of
Washington, upon such terms and conditions as the superintendent of public instruction shall establish. Such authority to
assist the superintendent of public instruction shall be limited
to the service function of information collection and dissemination and the attestment to the accuracy and completeness
of submitted information. [1975 1st ex.s. c 275 § 46; 1971
ex.s. c 282 § 29. Formerly RCW 28A.03.028.]
Additional notes found at www.leg.wa.gov
28A.300.010 Election—Term of office. A superintendent of public instruction shall be elected by the qualified
electors of the state, on the first Tuesday after the first Monday in November of the year in which state officers are
elected, and shall hold his or her office for the term of four
years, and until his or her successor is elected and qualified.
[1990 c 33 § 250; 1969 ex.s. c 223 § 28A.03.010. Prior: 1909
c 97 p 231 § 1; RRS § 4521; prior: 1897 c 118 § 20; 1891 c
127 § 1; 1890 p 348 § 3; Code 1881 § 3154; 1873 p 419 § 1;
1861 p 55 § 1. Formerly RCW 28A.03.010, 28.03.010,
43.11.010.]
28A.300.010
28A.300.020 Assistant superintendents, deputy
superintendent, assistants—Terms for exempt personnel.
The superintendent of public instruction may appoint assistant superintendents of public instruction, a deputy superintendent of public instruction, and may employ such other
assistants and clerical help as are necessary to carry out the
duties of the superintendent and the state board of education.
However, the superintendent shall employ without undue
delay the executive director of the state board of education
and other state board of education office assistants and clerical help, appointed by the state board under RCW
28A.305.130, whose positions are allotted and funded in
accordance with moneys appropriated exclusively for the
operation of the state board of education. The rate of compensation and termination of any such executive director,
state board office assistants, and clerical help shall be subject
to the prior consent of the state board of education. The assistant superintendents, deputy superintendent, and such other
officers and employees as are exempted from the provisions
of chapter 41.06 RCW, shall serve at the pleasure of the
superintendent or at the pleasure of the superintendent and
the state board of education as provided in this section.
Expenditures by the superintendent of public instruction for
direct and indirect support of the state board of education are
valid operational expenditures by and in behalf of the office
of the superintendent of public instruction. [2005 c 497 §
403; 1996 c 25 § 2; 1969 ex.s. c 223 § 28A.03.020. Prior:
28A.300.020
[Title 28A RCW—page 102]
28A.300.035
28A.300.035 Assistance of certificated or classified
employee—Reimbursement for substitute. If the superintendent of public instruction or the state board of education,
in carrying out their powers and duties under Title 28A
RCW, request the service of any certificated or classified
employee of a school district upon any committee formed for
the purpose of furthering education within the state, or within
any school district therein, and such service would result in a
need for a school district to employ a substitute for such certificated or classified employee during such service, payment
for such a substitute may be made by the superintendent of
public instruction from funds appropriated by the legislature
for the current use of the common schools and such payments
shall be construed as amounts needed for state support to the
common schools under RCW 28A.150.380. If such substitute
is paid by the superintendent of public instruction, no deduction shall be made from the salary of the certificated or classified employee. In no event shall a school district deduct
from the salary of a certificated or classified employee serving on such committee more than the amount paid the substitute employed by the district. [1994 c 113 § 1; 1990 c 33 §
147; 1973 1st ex.s. c 3 § 1. Formerly RCW 28A.160.220,
28A.41.180.]
28A.300.040
28A.300.040 Powers and duties. In addition to any
other powers and duties as provided by law, the powers and
duties of the superintendent of public instruction shall be:
(1) To have supervision over all matters pertaining to the
public schools of the state;
(2) To report to the governor and the legislature such
information and data as may be required for the management
and improvement of the schools;
(3) To prepare and have printed such forms, registers,
courses of study, rules for the government of the common
schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials
charged with the administration of the laws relating to the
(2010 Ed.)
Superintendent of Public Instruction
common schools, and to distribute the same to educational
service district superintendents;
(4) To travel, without neglecting his or her other official
duties as superintendent of public instruction, for the purpose
of attending educational meetings or conventions, of visiting
schools, and of consulting educational service district superintendents or other school officials;
(5) To prepare and from time to time to revise a manual
of the Washington state common school code, copies of
which shall be made available online and which shall be sold
at approximate actual cost of publication and distribution per
volume to public and nonpublic agencies or individuals, said
manual to contain Titles 28A and 28C RCW, rules related to
the common schools, and such other matter as the state superintendent or the state board of education shall determine.
Proceeds of the sale of such code shall be transmitted to the
public printer who shall credit the state superintendent’s
account within the state printing plant revolving fund by a
like amount;
(6) To file all papers, reports and public documents
transmitted to the superintendent by the school officials of
the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent’s
office, and the superintendent’s official acts, may, or upon
request, shall be certified by the superintendent and attested
by the superintendent’s official seal, and when so certified
shall be evidence of the papers or acts so certified to;
(7) To require annually, on or before the 15th day of
August, of the president, manager, or principal of every educational institution in this state, a report as required by the
superintendent of public instruction; and it is the duty of
every president, manager, or principal, to complete and return
such forms within such time as the superintendent of public
instruction shall direct;
(8) To keep in the superintendent’s office a record of all
teachers receiving certificates to teach in the common
schools of this state;
(9) To issue certificates as provided by law;
(10) To keep in the superintendent’s office at the capital
of the state, all books and papers pertaining to the business of
the superintendent’s office, and to keep and preserve in the
superintendent’s office a complete record of statistics, as well
as a record of the meetings of the state board of education;
(11) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the
superintendent in writing by any educational service district
superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of
any educational service district superintendent; and the
superintendent shall publish his or her rulings and decisions
from time to time for the information of school officials and
teachers; and the superintendent’s decision shall be final
unless set aside by a court of competent jurisdiction;
(12) To administer oaths and affirmations in the discharge of the superintendent’s official duties;
(13) To deliver to his or her successor, at the expiration
of the superintendent’s term of office, all records, books,
maps, documents and papers of whatever kind belonging to
the superintendent’s office or which may have been received
by the superintendent’s for the use of the superintendent’s
office;
(2010 Ed.)
28A.300.041
(14) To administer family services and programs to promote the state’s policy as provided in RCW 74.14A.025;
(15) To promote the adoption of school-based curricula
and policies that provide quality, daily physical education for
all students, and to encourage policies that provide all students with opportunities for physical activity outside of formal physical education classes;
(16) To perform such other duties as may be required by
law. [2009 c 556 § 10; 2006 c 263 § 104; 2005 c 360 § 6;
1999 c 348 § 6; 1992 c 198 § 6; 1991 c 116 § 2; 1990 c 33 §
251; 1982 c 160 § 2; 1981 c 249 § 1; 1977 c 75 § 17; 1975 1st
ex.s. c 275 § 47; 1971 ex.s. c 100 § 1; 1969 ex.s. c 176 § 102;
1969 ex.s. c 223 § 28A.03.030. Prior: 1967 c 158 § 4; 1909
c 97 p 231 § 3; RRS § 4523; prior: 1907 c 240 § 1; 1903 c
104 § 9; 1901 c 177 § 5; 1901 c 41 § 1; 1899 c 142 § 4; 1897
c 118 § 22; 1891 c 127 §§ 1, 2; 1890 pp 348-351 §§ 3, 4;
Code 1881 §§ 3155-3160; 1873 p 419 §§ 2-6; 1861 p 55 §§ 2,
3, 4. Formerly RCW 28A.03.030, 28.03.030, 43.11.030.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Findings—Intent—2005 c 360: See note following RCW 36.70A.070.
Intent—1999 c 348: See note following RCW 28A.205.010.
Additional notes found at www.leg.wa.gov
28A.300.041 Statewide student assessment system—
Redesign—Reports to the legislature. (1) The legislature
finds that a statewide student assessment system should
improve and inform classroom instruction, support accountability, and provide useful information to all levels of the
educational system, including students, parents, teachers,
schools, school districts, and the state. The legislature
intends to redesign the current statewide system, in accordance with the recommendations of the Washington assessment of student learning legislative work group, to:
(a) Include multiple assessment formats, including both
formative and summative, as necessary to provide information to help improve instruction and inform accountability;
(b) Enable collection of data that allows both statewide
and nationwide comparisons of student learning and achievement; and
(c) Be balanced so that the information used to make significant decisions that affect school accountability or student
educational progress includes many data points and does not
rely on solely the results of a single assessment.
(2) The legislature further finds that one component of
the assessment system should be instructionally supportive
formative assessments. The key design elements or characteristics of an instructionally supportive assessment must:
(a) Be aligned to state standards in areas that are being
assessed;
(b) Measure student growth and competency at multiple
points throughout the year in a manner that allows instructors
to monitor student progress and have the necessary trend data
with which to improve instruction;
(c) Provide rapid feedback;
(d) Link student growth with instructional elements in
order to gauge the effectiveness of educators and curricula;
(e) Provide tests that are appropriate to the skill level of
the student;
28A.300.041
[Title 28A RCW—page 103]
28A.300.042
Title 28A RCW: Common School Provisions
(f) Support instruction for students of all abilities,
including highly capable students and students with learning
disabilities;
(g) Be culturally, linguistically, and cognitively relevant,
appropriate, and understandable to each student taking the
assessment;
(h) Inform parents and draw parents into greater participation of the student’s study plan;
(i) Provide a way to analyze the assessment results relative to characteristics of the student such as, but not limited
to, English language learners, gender, ethnicity, poverty, age,
and disabilities;
(j) Strive to be computer-based and adaptive; and
(k) Engage students in their learning.
(3) The legislature further finds that a second component
of the assessment system should be a state-administered summative achievement assessment that can be used as a check
on the educational system in order to guide state expectations
for the instruction of children and satisfy legislative demands
for accountability. The key design elements or characteristics of the state administered achievement assessment must:
(a) Be aligned to state standards in areas that are being
assessed;
(b) Maintain and increase academic rigor;
(c) Measure student learning growth over years; and
(d) Strengthen curriculum.
(4) The legislature further finds that a third component of
the assessment system should include classroom-based
assessments, which may be formative, summative, or both.
Depending on their use, classroom-based assessments should
have the same design elements and characteristics described
in this section for formative and summative assessments.
(5) The legislature further finds that to sustain a strong
and viable assessment system, preservice and ongoing training should be provided for teachers and administrators on the
effective use of different types of assessments.
(6) The legislature further finds that as the statewide data
system is developed, data should be collected for all staterequired statewide assessments to be used for accountability
and to monitor overall student achievement.
(7) The superintendent of public instruction, in consultation with the state board of education, shall begin design and
development of an overall assessment system that meets the
principles and characteristics described in this section. In
designing formative and summative assessments, the superintendent shall solicit bids for the use of computerized adaptive testing methodologies.
(8) Beginning December 1, 2009, and annually thereafter, the superintendent and state board shall jointly report to
the legislature regarding the assessment system, including a
cost analysis of any changes and costs to expand availability
and use of instructionally supportive formative assessments.
[2009 c 310 § 1.]
28A.300.042 Student data-related reports—Disaggregation of data by subgroups. All student data-related
reports required of the superintendent of public instruction in
this title must be disaggregated by at least the following subgroups of students: White, Black, Hispanic, American
Indian/Alaskan Native, Asian, Pacific Islander/Hawaiian
Native, low income, transitional bilingual, migrant, special
28A.300.042
[Title 28A RCW—page 104]
education, and students covered by section 504 of the federal
rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794).
[2009 c 468 § 4.]
F ind ing s— Inte nt— 2 009 c 46 8: See n ot e fol l ow i ng RC W
28A.300.136.
28A.300.045 Pupil tests and records—Rules. The
superintendent of public instruction shall adopt rules relating
to pupil tests and records. [2006 c 263 § 704.]
28A.300.045
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.300.050 Assistance to professional educator
standards board for activities involving professional educator excellence. The superintendent of public instruction
shall provide technical assistance to the professional educator
standards board in the conduct of the activities described in
RCW 28A.410.040 and 28A.410.050. [2006 c 263 § 819;
1990 c 33 § 252; 1987 c 525 § 227. Formerly RCW
28A.03.375.]
28A.300.050
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Intent—Short title—1987 c 525 §§ 202-233: See notes following
RCW 28A.410.040.
Additional notes found at www.leg.wa.gov
28A.300.060 Studies and adoption of classifications
for school district budgets—Publication. The superintendent of public instruction and the state auditor jointly, and in
cooperation with the senate and house committees on education, shall conduct appropriate studies and adopt classifications or revised classifications under RCW 28A.505.100,
defining what expenditures shall be charged to each budget
class including administration. The studies and classifications shall be published in the form of a manual or revised
manual, suitable for use by the governing bodies of school
districts, by the superintendent of public instruction, and by
the legislature. [1991 c 116 § 3; 1990 c 33 § 253; 1975-’76
2nd ex.s. c 118 § 23; 1975 1st ex.s. c 5 § 1. Formerly RCW
28A.03.350.]
28A.300.060
Additional notes found at www.leg.wa.gov
28A.300.065 Classification and numbering system of
school districts. (1) The superintendent of public instruction
is responsible for the classification and numbering system of
school districts.
(2) Any school district in the state that has a student
enrollment in its public schools of two thousand pupils or
more, as shown by evidence acceptable to the educational
service district superintendent and the superintendent of public instruction, is a school district of the first class. Any other
school district is a school district of the second class.
(3) Whenever the educational service district superintendent finds that the classification of a school district should be
changed, and upon the approval of the superintendent of public instruction, the educational service district superintendent
shall make an order in conformity with his or her findings and
alter the records of his or her office accordingly. Thereafter,
the board of directors of the district shall organize in the manner provided by law for the organization of the board of a district of the class to which the district then belongs.
28A.300.065
(2010 Ed.)
Superintendent of Public Instruction
(4) Notwithstanding any other provision of chapter 43,
Laws of 1975, the educational service district superintendent,
with the concurrence of the superintendent of public instruction, may delay approval of a change in classification of any
school district for a period not exceeding three years when, in
fact, the student enrollment of the district within any such
time period does not exceed ten percent, either in a decrease
or increase thereof. [1999 c 315 § 202.]
Additional notes found at www.leg.wa.gov
28A.300.070 Receipt of federal funds for school purposes—Superintendent of public instruction to administer. The state of Washington and/or any school district is
hereby authorized to receive federal funds made or hereafter
made available by acts of congress for the assistance of
school districts in providing physical facilities and/or maintenance and operation of schools, or for any other educational
purpose, according to provisions of such acts, and the state
superintendent of public instruction shall represent the state
in the receipt and administration of such funds. [1969 ex.s. c
223 § 28A.02.100. Prior: 1943 c 220 § 4; Rem. Supp. 1943 §
5109-4. Formerly RCW 28A.02.100, 28.02.100.]
28A.300.070
28A.300.080 Vocational agriculture education—
Intent. The legislature recognizes that agriculture is the most
basic and singularly important industry in the state, that agriculture is of central importance to the welfare and economic
stability of the state, and that the maintenance of this vital
industry requires a continued source of trained and qualified
individuals who qualify for employment in agriculture and
agribusiness. The legislature declares that it is within the best
interests of the people and state of Washington that a comprehensive vocational education program in agriculture be maintained in the state’s secondary school system. [1983 1st ex.s.
c 34 § 1. Formerly RCW 28A.03.415.]
28A.300.080
28A.300.090 Vocational agriculture education—Service area established—Duties. (1) A vocational agriculture
education service area within the office of the superintendent
of public instruction shall be established. Adequate staffing
of individuals trained or experienced in the field of vocational agriculture shall be provided for the vocational agriculture education service area for coordination of the state program and to provide assistance to local school districts for the
coordination of the activities of student agricultural organizations and associations.
(2) The vocational agriculture education service area
shall:
(a) Assess needs in vocational agriculture education,
assist local school districts in establishing vocational agriculture programs, review local school district applications for
approval of vocational agriculture programs, evaluate existing programs, plan research and studies for the improvement
of curriculum materials for specialty areas of vocational agriculture. Standards and criteria developed under this subsection shall satisfy the mandates of federally-assisted vocational education;
(b) Develop in-service programs for teachers and administrators of vocational agriculture, review application for
vocational agriculture teacher certification, and assist in
28A.300.090
(2010 Ed.)
28A.300.118
teacher recruitment and placement in vocational agriculture
programs;
(c) Serve as a liaison with the Future Farmers of America, representatives of business, industry, and appropriate
public agencies, and institutions of higher education in order
to disseminate information, promote improvement of vocational agriculture programs, and assist in the development of
adult and continuing education programs in vocational agriculture; and
(d) Establish an advisory task force committee of agriculturists, who represent the diverse areas of the agricultural
industry in Washington, which shall make annual recommendations including, but not limited to, the development of curriculum, staffing, strategies for the purpose of establishing a
source of trained and qualified individuals in agriculture, and
strategies for articulating the state program in vocational
agriculture education, including youth leadership throughout
the state school system. [1983 1st ex.s. c 34 § 2. Formerly
RCW 28A.03.417.]
28A.300.100 Vocational agriculture education—
Superintendent to adopt rules. The superintendent of public instruction, pursuant to chapter 34.05 RCW, shall adopt
such rules as are necessary to carry out the provisions of
RCW 28A.300.090. [1990 c 33 § 254; 1983 1st ex.s. c 34 §
3. Formerly RCW 28A.03.419.]
28A.300.100
28A.300.115 Holocaust instruction—Preparation
and availability of instructional materials. (1) Every public high school is encouraged to include in its curriculum
instruction on the events of the period in modern world history known as the Holocaust, during which six million Jews
and millions of non-Jews were exterminated. The instruction
may also include other examples from both ancient and modern history where subcultures or large human populations
have been eradicated by the acts of humankind. The studying
of this material is a reaffirmation of the commitment of free
peoples never again to permit such occurrences.
(2) The superintendent of public instruction may prepare
and make available to all school districts instructional materials for use as guidelines for instruction under this section.
[1992 c 24 § 1.]
28A.300.115
28A.300.118 College credit program information—
Notification to schools and parents. (1) Beginning with the
2000-01 school year, the superintendent of public instruction
shall notify senior high schools and any other public school
that includes ninth grade of the names and contact information of public and private entities offering programs leading
to college credit, including information about online
advanced placement classes, if the superintendent has knowledge of such entities and if the cost of reporting these entities
is minimal.
(2) Beginning with the 2000-01 school year, each senior
high school and any other public school that includes ninth
grade shall publish annually and deliver to each parent with
children enrolled in ninth through twelfth grades, information
concerning the entrance requirements and the availability of
programs in the local area that lead to college credit, including classes such as advanced placement, running start, tech28A.300.118
[Title 28A RCW—page 105]
28A.300.119
Title 28A RCW: Common School Provisions
prep, skill centers, college in the high school, and international baccalaureate programs. The information may be
included with other information the school regularly mails to
parents. In addition, each senior high school and any other
public school that includes ninth grade shall enclose information of the names and contact information of other public or
private entities offering such programs, including online
advanced placement programs, to its ninth through twelfth
grade students if the school has knowledge of such entities.
[2000 c 126 § 1.]
Reviser’s note: 2000 c 126 directed that this section be added to chapter 28A.320 RCW. This section has been codified in chapter 28A.300 RCW,
which relates more directly to duties of the superintendent of public instruction.
28A.300.119 Online learning programs for college
credit—Information. (1) The office of the superintendent
of public instruction shall compile information about online
learning programs for high school students to earn college
credit and place the information on its web site. Examples of
information to be compiled and placed on the web site
include links to purveyors of online learning programs, comparisons among various types of programs regarding costs or
awarding of credit, advantages and disadvantages of online
learning programs, and other general assistance and guidance
for students, teachers, and counselors in selecting and considering online learning programs. The office shall use the
expertise of the digital learning commons and WashingtonOnline to provide assistance and suggest resources.
(2) High schools shall ensure that teachers and counselors have information about online learning programs for
high school students to earn college credit and are able to
assist parents and students in accessing the information.
High schools shall ensure that parents and students have
opportunities to learn about online learning programs under
this section.
(3) For the purposes of this section, online learning programs for high school students to earn college credit include
such programs as the running start program under RCW
28A.600.300 through 28A.600.400, advanced placement
courses authorized by the college board, the digital learning
commons, University of Washington extension, WashingtonOnline, and other programs and providers that meet qualifications under current laws and rules to offer courses that
high schools may accept for credit toward graduation requirements or that offer courses generally accepted for credit by
public institutions of higher education in Washington. [2008
c 95 § 2.]
28A.300.119
Finding—2008 c 95: "The legislature finds that student interest and
participation in online learning continues to grow. At the same time, the legislature, business community, and public are encouraging additional programs for high school students to earn college credits. Fortunately for students attending schools in rural areas, the two trends can be combined to provide learning opportunities that are both rigorous and accessible, and in some
cases available free to the student. In 2006-07, more than four thousand five
hundred students were able to take an online college course through the running start program, which the community and technical college system
makes accessible statewide through its WashingtonOnline consortium. A
more concerted effort is needed to make schools and students aware of these
opportunities." [2008 c 95 § 1.]
28A.300.120 Administrative hearing—Contract to
conduct authorized—Final decision. Whenever a statute or
28A.300.120
[Title 28A RCW—page 106]
rule provides for a formal administrative hearing before the
superintendent of public instruction under chapter 34.05
RCW, the superintendent of public instruction may contract
with the office of administrative hearings to conduct the hearing under chapter 34.12 RCW and may delegate to a designee
of the superintendent of public instruction the authority to
render the final decision. [1985 c 225 § 1. Formerly RCW
28A.03.500.]
28A.300.130 Center for the improvement of student
learning—Educational improvement and research—
Clearinghouse for information regarding educational
improvement and parental involvement programs—Web
site development and maintenance—Reports to the legislature. (1) To facilitate access to information and materials
on educational improvement and research, the superintendent
of public instruction, to the extent funds are appropriated,
shall establish the center for the improvement of student
learning. The center shall work in conjunction with parents,
educational service districts, institutions of higher education,
and education, parent, community, and business organizations.
(2) The center, to the extent funds are appropriated for
this purpose, and in conjunction with other staff in the office
of the superintendent of public instruction, shall:
(a) Serve as a clearinghouse for information regarding
successful educational improvement and parental involvement programs in schools and districts, and information
about efforts within institutions of higher education in the
state to support educational improvement initiatives in Washington schools and districts;
(b) Provide best practices research that can be used to
help schools develop and implement: Programs and practices
to improve instruction; systems to analyze student assessment data, with an emphasis on systems that will combine the
use of state and local data to monitor the academic progress
of each and every student in the school district; comprehensive, school-wide improvement plans; school-based shared
decision-making models; programs to promote lifelong
learning and community involvement in education; schoolto-work transition programs; programs to meet the needs of
highly capable students; programs and practices to meet the
needs of students with disabilities; programs and practices to
meet the diverse needs of students based on gender, racial,
ethnic, economic, and special needs status; research, information, and technology systems; and other programs and
practices that will assist educators in helping students learn
the essential academic learning requirements;
(c) Develop and maintain an internet web site to increase
the availability of information, research, and other materials;
(d) Work with appropriate organizations to inform teachers, district and school administrators, and school directors
about the waivers available and the broadened school board
powers under RCW 28A.320.015;
(e) Provide training and consultation services, including
conducting regional summer institutes;
(f) Identify strategies for improving the success rates of
ethnic and racial student groups and students with disabilities, with disproportionate academic achievement;
(g) Work with parents, teachers, and school districts in
establishing a model absentee notification procedure that will
28A.300.130
(2010 Ed.)
Superintendent of Public Instruction
properly notify parents when their student has not attended a
class or has missed a school day. The office of the superintendent of public instruction shall consider various types of
communication with parents including, but not limited to,
electronic mail, phone, and postal mail; and
(h) Perform other functions consistent with the purpose
of the center as prescribed in subsection (1) of this section.
(3) The superintendent of public instruction shall select
and employ a director for the center.
(4) The superintendent may enter into contracts with
individuals or organizations including but not limited to:
School districts; educational service districts; educational
organizations; teachers; higher education faculty; institutions
of higher education; state agencies; business or communitybased organizations; and other individuals and organizations
to accomplish the duties and responsibilities of the center. In
carrying out the duties and responsibilities of the center, the
superintendent, whenever possible, shall use practitioners to
assist agency staff as well as assist educators and others in
schools and districts.
(5) The office of the superintendent of public instruction
shall report to the legislature by September 1, 2007, and
thereafter biennially, regarding the effectiveness of the center
for the improvement of student learning, how the services
provided by the center for the improvement of student learning have been used and by whom, and recommendations to
improve the accessibility and application of knowledge and
information that leads to improved student learning and
greater family and community involvement in the public education system. [2009 c 578 § 6; 2008 c 165 § 1; 2006 c 116 §
2; 1999 c 388 § 401; 1996 c 273 § 5; 1993 c 336 § 501; 1986
c 180 § 1. Formerly RCW 28A.03.510.]
Findings—Intent—2006 c 116: "The legislature finds that expanding
activity in educational research, educational restructuring, and educational
improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be
shared with the citizens and educational community of the state as widely as
possible. The legislature further finds that students and schools benefit from
increased parental, guardian, and community involvement in education and
increased knowledge of and input regarding the delivery of public education.
The legislature further finds that increased community involvement with,
knowledge of, and input regarding the public education system is particularly needed in low-income and ethnic minority communities.
The legislature finds that the center for the improvement of student
learning, created by the legislature in 1993 under the auspices of the superintendent of public instruction, has not been allocated funding since the 20012003 biennium, and in effect no longer exists. It is the intent of the legislature to reactivate the center for the improvement of student learning, and to
create an educational ombudsman to increase parent, guardian, and community involvement in public education and to serve as a resource for parents
and students and as an advocate for students in the public education system."
[2006 c 116 § 1.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Definitions: RCW 28A.655.010.
Additional notes found at www.leg.wa.gov
28A.300.131 Parental involvement—Measures to
evaluate level—Models and practices—Recognition.
There is a sizeable body of research positively supporting the
involvement of parents taking an engaged and active role in
their child’s education. Therefore, the legislature intends to
provide state recognition by the center for the improvement
28A.300.131
(2010 Ed.)
28A.300.136
of student learning within the office of the superintendent of
public instruction for schools that increase the level of direct
parental involvement with their child’s education. By September 1, 2010, the center for the improvement of student
learning shall determine measures that can be used to evaluate the level of parental involvement in a school. The center
for the improvement of student learning shall collaborate
with school district family and community outreach programs and educational service districts to identify and highlight successful models and practices of parent involvement.
[2010 c 235 § 704.]
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.300.135 Center for the improvement of student
learning account. (1) The center for the improvement of
student learning account is hereby established in the custody
of the state treasurer. The superintendent of public instruction
shall deposit in the account all moneys received from gifts,
grants, or endowments for the center for the improvement of
student learning. Moneys in the account may be spent only
for activities of the center. Disbursements from the account
shall be on authorization of the superintendent of public
instruction or the superintendent’s designee. The account is
subject to the allotment procedure provided under chapter
43.88 RCW, but no appropriation is required for disbursements.
(2) The superintendent of public instruction may receive
such gifts, grants, and endowments from public or private
sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the center for
the improvement of student learning and expend the same or
any income therefrom according to the terms of the gifts,
grants, or endowments. [1993 c 336 § 502.]
28A.300.135
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.300.136 Achievement gap oversight and
accountability committee—Policy and strategy recommendations. (1) An achievement gap oversight and accountability committee is created to synthesize the findings and
recommendations from the 2008 achievement gap studies
into an implementation plan, and to recommend policies and
strategies to the superintendent of public instruction, the professional educator standards board, and the state board of
education to close the achievement gap.
(2) The committee shall recommend specific policies
and strategies in at least the following areas:
(a) Supporting and facilitating parent and community
involvement and outreach;
(b) Enhancing the cultural competency of current and
future educators and the cultural relevance of curriculum and
instruction;
(c) Expanding pathways and strategies to prepare and
recruit diverse teachers and administrators;
(d) Recommending current programs and resources that
should be redirected to narrow the gap;
(e) Identifying data elements and systems needed to
monitor progress in closing the gap;
28A.300.136
[Title 28A RCW—page 107]
28A.300.1361
Title 28A RCW: Common School Provisions
(f) Making closing the achievement gap part of the
school and school district improvement process; and
(g) Exploring innovative school models that have shown
success in closing the achievement gap.
(3) Taking a multidisciplinary approach, the committee
may seek input and advice from other state and local agencies
and organizations with expertise in health, social services,
gang and violence prevention, substance abuse prevention,
and other issues that disproportionately affect student
achievement and student success.
(4) The achievement gap oversight and accountability
committee shall be composed of the following members:
(a) The chairs and ranking minority members of the
house and senate education committees, or their designees;
(b) One additional member of the house of representatives appointed by the speaker of the house and one additional member of the senate appointed by the president of the
senate;
(c) A representative of the office of the education
ombudsman;
(d) A representative of the center for the improvement of
student learning in the office of the superintendent of public
instruction;
(e) A representative of federally recognized Indian tribes
whose traditional lands and territories lie within the borders
of Washington state, designated by the federally recognized
tribes; and
(f) Four members appointed by the governor in consultation with the state ethnic commissions, who represent the following populations: African-Americans, Hispanic Americans, Asian Americans, and Pacific Islander Americans.
(5) The governor and the tribes are encouraged to designate members who have experience working in and with
schools.
(6) The committee may convene ad hoc working groups
to obtain additional input and participation from community
members. Members of ad hoc working groups shall serve
without compensation and shall not be reimbursed for travel
or other expenses.
(7) The chair or cochairs of the committee shall be
selected by the members of the committee. Staff support for
the committee shall be provided by the center for the
improvement of student learning. Members of the committee
shall serve without compensation but must be reimbursed as
provided in RCW 43.03.050 and 43.03.060. Legislative
members of the committee shall be reimbursed for travel
expenses in accordance with RCW 44.04.120.
(8) The superintendent of public instruction, the state
board of education, the professional educator standards
board, and the quality education council shall work collaboratively with the achievement gap oversight and accountability committee to close the achievement gap. [2010 c 235 §
901; 2009 c 468 § 2.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Findings—Intent—2009 c 468: "(1) The legislature finds compelling
evidence from five commissioned studies that additional progress must be
made to address the achievement gap. Many students are in demographic
groups that are overrepresented in measures such as school disciplinary
sanctions; failure to meet state academic standards; failure to graduate;
enrollment in special education and underperforming schools; enrollment in
advanced placement courses, honors programs, and college preparatory
classes; and enrollment in and completion of college. The studies contain
[Title 28A RCW—page 108]
specific recommendations that are data-driven and drawn from education
research, as well as the personal, professional, and cultural experience of
those who contributed to the studies. The legislature finds there is no better
opportunity to make a strong commitment to closing the achievement gap
and to affirm the state’s constitutional obligation to provide opportunities to
learn for all students without distinction or preference on account of race,
ethnicity, socioeconomic status, or gender.
(2) The legislature further finds that access to comprehensive and consistent data that is disaggregated in the smallest units allowable by law is
important in closing the achievement gap. Policymakers and educators need
as much information as possible not only about students’ academic progress,
but also about other factors across multiple disciplines that affect student
performance.
(3) A consistent and powerful theme throughout the achievement gap
studies was the need for cultural competency in instruction, curriculum,
assessment, and professional development. Cultural competency forms a
foundation for efforts to address the achievement gap, and more work is
needed to embed it into the public school system.
(4) Therefore, following the priority recommendations from the
achievement gap studies, the legislature intends to:
(a) Provide resources to support parent and community involvement
and outreach efforts by public schools, including such items as additional
notices and communication to parents, translations, translators, parent and
community meetings, and school events within the community. The legislature encourages school districts to consult with the office of the education
ombudsman in developing plans for parent and community involvement and
outreach;
(b) Require that teachers demonstrate cultural competency in the classroom and with students at each level of state teacher certification, and provide additional opportunities for professional development in cultural competency for current teachers;
(c) Create local alternative routes to teacher certification for paraeducators and individuals in the communities surrounding schools and school districts that are struggling to address the achievement gap;
(d) Reexamine the study recommendations regarding data and accountability and identify ways for the education data system to address these
needs; and
(e) Sustain efforts to close the achievement gap over the long term by
creating a high profile achievement gap oversight and accountability committee that will provide ongoing advice to education agencies and report
annually to the legislature and the governor." [2009 c 468 § 1.]
28A.300.1361
28A.300.1361 Closing the achievement gap—
Enhancing data collection and data system capacity—
Securing federal funds. The superintendent of public
instruction shall take all actions necessary to secure federal
funds to support enhancing data collection and data system
capacity in order to monitor progress in closing the achievement gap and to support other innovations and model programs that align education reform and address disproportionality in the public school system. [2009 c 468 § 7.]
F ind ing s— Inte nt— 2 009 c 46 8: See n ot e fol l ow i ng RC W
28A.300.136.
28A.300.137
28A.300.137 Strategies to address the achievement
gap—Improvement of education performance measures—Annual report. Beginning in January 2010, the
achievement gap oversight and accountability committee
shall report annually to the superintendent of public instruction, the state board of education, the professional educator
standards board, the governor, and the education committees
of the legislature on the strategies to address the achievement
gap and on the progress in improvement of education performance measures for African-American, Hispanic, American
Indian/Alaskan Native, Asian, and Pacific Islander/Hawaiian
Native students. [2009 c 468 § 3; 2008 c 298 § 3.]
F ind ing s— Inte nt— 2 009 c 46 8: See n ot e fol l ow i ng RC W
28A.300.136.
(2010 Ed.)
Superintendent of Public Instruction
Findings—Intent—2008 c 298: "(1) The legislature finds that of all
the challenges confronting the African-American community, perhaps none
is more critical to the future than the education of African-American children. The data regarding inequities, disproportionality, and gaps in achievement is alarming no matter which indicators are used:
(a) The gap in reading test scores between African-American and white
students on the tenth grade Washington assessment of student learning is
twenty percentage points, with only two-thirds of African-American students able to meet the upcoming graduation standard in reading on the first
attempt compared to eighty-five percent of white students. African-American students are lagging behind other student groups in reading improvement.
(b) African-American students continue to score lowest among student
groups in high school mathematics, with only twenty-three percent able to
meet state standard on the first attempt, a thirty-three percentage point lag
behind white students who have a fifty-six percent met-standard rate.
(c) One-fourth of African-American students who enter ninth grade
will have dropped out of school by the time their peers graduate in twelfth
grade. This measure does not account for the children who, facing significant educational challenges and barriers, have already grown disparaged
before the end of middle or junior high school.
(2) The legislature further finds that although there are multiple initiatives broadly intended to improve student achievement, including a small
number of initiatives to address the achievement gap for disadvantaged students generally, there are only a select few efforts targeted to the challenges
of African-American students or designed specifically to engage parents and
leaders in the African-American community. The efficacy of general supplemental programs in helping African-American students is unknown. A
thoughtful, comprehensive, and inclusive strategy for African-American students has not been created.
(3) Therefore, the legislature intends to commission and then implement a clear, concise, and intentional plan of action, with specific strategies
and performance benchmarks, to ensure that African-American students
meet or exceed all academic standards and are prepared for a quality life and
responsible citizenship in the twenty-first century." [2008 c 298 § 1.]
28A.300.145
28A.300.145 Educational materials regarding sex
offenses, sex offenders, and victims of sexual assault. The
Washington coalition of sexual assault programs, in consultation with the Washington association of sheriffs and police
chiefs, the Washington association of prosecuting attorneys,
and the office of the superintendent of public instruction,
shall develop educational materials to be made available
throughout the state to inform parents and other interested
community members about:
(1) The laws related to sex offenses, including registration, community notification[,] and the classification of sex
offenders based on an assessment of the risk of reoffending;
(2) How to recognize behaviors characteristic of sex
offenses and sex offenders;
(3) How to prevent victimization, particularly that of
young children;
(4) How to take advantage of community resources for
victims of sexual assault; and
(5) Other information as deemed appropriate. [2006 c
135 § 2.]
28A.300.150
28A.300.150 Information on child abuse and neglect
prevention curriculum—Rules. The superintendent of
public instruction shall collect and disseminate to school districts information on child abuse and neglect prevention curriculum and shall adopt rules dealing with the prevention of
child abuse for purposes of curriculum use in the common
schools. The superintendent of public instruction and the
departments of social and health services and *community,
trade, and economic development shall share relevant infor(2010 Ed.)
28A.300.160
mation. [2006 c 263 § 705; 1994 c 245 § 8; 1987 c 489 § 2.
Formerly RCW 28A.03.512.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Intent—1987 c 489: "It is the intent of the legislature to make child
abuse and neglect primary prevention education and training available to
children, including preschool age children, parents, school employees, and
licensed day care providers." [1987 c 489 § 1.]
28A.300.160 Development of coordinated primary
prevention program for child abuse and neglect—Office
as lead agency. (1) The office of the superintendent of public instruction shall be the lead agency and shall assist the
department of social and health services, the *department of
community, trade, and economic development, and school
districts in establishing a coordinated primary prevention
program for child abuse and neglect.
(2) In developing the program, consideration shall be
given to the following:
(a) Parent, teacher, and children’s workshops whose
information and training is:
(i) Provided in a clear, age-appropriate, nonthreatening
manner, delineating the problem and the range of possible
solutions;
(ii) Culturally and linguistically appropriate to the population served;
(iii) Appropriate to the geographic area served; and
(iv) Designed to help counteract common stereotypes
about child abuse victims and offenders;
(b) Training for school age children’s parents and school
staff, which includes:
(i) Physical and behavioral indicators of abuse;
(ii) Crisis counseling techniques;
(iii) Community resources;
(iv) Rights and responsibilities regarding reporting;
(v) School district procedures to facilitate reporting and
apprise supervisors and administrators of reports; and
(vi) Caring for a child’s needs after a report is made;
(c) Training for licensed day care providers and parents
that includes:
(i) Positive child guidance techniques;
(ii) Physical and behavioral indicators of abuse;
(iii) Recognizing and providing safe, quality day care;
(iv) Community resources;
(v) Rights and responsibilities regarding reporting; and
(vi) Caring for the abused or neglected child;
(d) Training for children that includes:
(i) The right of every child to live free of abuse;
(ii) How to disclose incidents of abuse and neglect;
(iii) The availability of support resources and how to
obtain help;
(iv) Child safety training and age-appropriate selfdefense techniques; and
(v) A period for crisis counseling and reporting immediately following the completion of each children’s workshop
in a school setting which maximizes the child’s privacy and
sense of safety.
28A.300.160
[Title 28A RCW—page 109]
28A.300.164
Title 28A RCW: Common School Provisions
(3) The primary prevention program established under
this section shall be a voluntary program and shall not be part
of the basic program of education.
(4) Parents shall be given notice of the primary prevention program and may refuse to have their children participate in the program. [1995 c 399 § 21; 1987 c 489 § 3. Formerly RCW 28A.03.514.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Intent—1987 c 489: See note following RCW 28A.300.150.
28A.300.164 Energy information program. The
office of the superintendent of public instruction shall
develop an energy information program for use in local
school districts. The program shall utilize existing curriculum
which may include curriculum as developed by districts or
the state relating to the requirement under RCW 28A.230.020
that schools provide instruction in science with special reference to the environment, and shall include but not be limited
to the following elements:
(1) The fundamental role energy plays in the national
and regional economy;
(2) Descriptions and explanations of the various sources
of energy which are used both regionally and nationally;
(3) Descriptions and explanations of the ways to use various energy sources more efficiently; and
(4) Advantages and disadvantages to the various sources
of present and future supplies of energy.
Under this section the office of superintendent of public
instruction shall emphasize providing teacher training, promoting the use of local energy experts in the classroom, and
dissemination of energy education curriculum. [1990 c 301 §
2.]
28A.300.164
Findings—1990 c 301: "The legislature finds that the state is facing an
impending energy supply crisis. The legislature further finds that keeping the
importance of energy in the minds of state residents is essential as a means to
help avert a future energy supply crisis and that citizens need to be aware of
the importance and trade-offs associated with energy efficiency, the implications of wasteful uses of energy, and the need for long-term stable supplies
of energy. One efficient and effective method of informing the state’s citizens on energy issues is to begin in the school system, where information
may guide energy use decisions for decades into the future." [1990 c 301 §
1.]
28A.300.165 National guard high school career
training and national guard youth challenge program—
Rules. (1) In addition to any other powers and duties as provided by law, the superintendent of public instruction, in consultation with the military department, shall adopt rules governing and authorizing the acceptance of national guard high
school career training and the national guard youth challenge
program in lieu of either required high school credits or elective high school credits.
(2) With the exception of students enrolled in the
national guard youth challenge program, students enrolled in
such national guard programs shall be considered enrolled in
the common school last attended preceding enrollment in
such national guard program.
(3) The superintendent shall adopt rules to ensure that
students who successfully complete the national guard youth
challenge program are granted an appropriate number of high
school credits, based on the students’ levels of academic pro28A.300.165
[Title 28A RCW—page 110]
ficiency as measured by the program. [2006 c 263 § 406;
2002 c 291 § 3; 1975 1st ex.s. c 262 § 1. Formerly RCW
28A.305.170, 28A.04.133.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.300.170 State general fund—Estimates for state
support to public schools, from. At such time as the governor shall determine under the provisions of chapter 43.88
RCW, the superintendent of public instruction shall submit
such detailed estimates and other information to the governor
and in such form as the governor shall determine of the total
estimated amount required for appropriation from the state
general fund for state support to public schools during the
ensuing biennium. [1980 c 6 § 2; 1969 ex.s. c 223 §
28A.41.040. Prior: 1945 c 141 § 11; Rem. Supp. 1945 §
4940-9. Formerly RCW 28A.41.040, 28.41.040.]
28A.300.170
Additional notes found at www.leg.wa.gov
28A.300.172 Prototypical funding allocation
model—Determination of educational system’s capacity
to accommodate increased resources—Identification of
limitations—Reports. (1) As part of the estimates and information submitted to the governor by the superintendent of
public instruction under RCW 28A.300.170, the superintendent of public instruction shall biennially make determinations on the educational system’s capacity to accommodate
increased resources in relation to the elements in the prototypical funding allocation model. In areas where there are
specific and significant capacity limitations to providing
enhancements to a recommended element, the superintendent
of public instruction shall identify those limitations and make
recommendations on how to address the issue.
(2) The legislature shall:
(a) Review the recommendations of the superintendent
of public instruction submitted under subsection (1) of this
section; and
(b) Use the information as it continues to review, evaluate, and revise the definition and funding of basic education
in a manner that serves the educational needs of the citizens
of Washington; continues to fulfill the state’s obligation
under Article IX of the state Constitution and ensures that no
enhancements are imposed on the educational system that
cannot be accommodated by the existing system capacity.
(3) "System capacity" for purposes of this section
includes, but is not limited to, the ability of schools and districts to provide the capital facilities necessary to support a
particular instructional program, the staffing levels necessary
to support an instructional program both in terms of actual
numbers of staff as well as the experience level and types of
staff available to fill positions, the higher education systems
capacity to prepare the next generation of educators, and the
availability of data and a data system capable of helping the
state allocate its resources in a manner consistent with evidence-based practices that are shown to improve student
learning.
(4) The office of the superintendent of public instruction
shall report to the legislature on a biennial basis beginning
December 1, 2010. [2009 c 548 § 113.]
28A.300.172
Intent—2009 c 548: See note following RCW 28A.150.198.
(2010 Ed.)
Superintendent of Public Instruction
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.300.173 Prototypical funding model—District
allocation of state resources—Public access on internetbased portal. The office of the superintendent of public
instruction shall implement and maintain an internet-based
portal that provides ready public access to the state’s prototypical school funding model for basic education under RCW
28A.150.260. The portal must provide citizens the opportunity to view, for each local school building, the staffing levels
and other prototypical school funding elements that are
assumed under the state funding formula. The portal must
also provide a matrix displaying how individual school districts are deploying those same state resources through their
allocation of staff and other resources to school buildings, so
that citizens are able to compare the state assumptions to district allocation decisions for each local school building.
[2010 c 236 § 12.]
28A.300.173
Intent—2010 c 236: See note following RCW 28A.150.260.
28A.300.175 Recovery of payments to recipients of
state money—Basis—Resolution of audit findings—
Rules. The superintendent of public instruction shall withhold or recover state payments to school districts, educational
service districts, and other recipients of state money based on
findings of the Washington state auditor. When an audit
questions enrollment, staffing, or other data reported to the
state and used in state apportionment calculations, the superintendent of public instruction may require submission of
revised data, or as an alternative may adjust data based on
estimates, and shall revise apportionment calculations and
payments accordingly. The superintendent of public instruction shall adopt rules setting forth policies and procedures for
the resolution of monetary and nonmonetary audit findings
involving state money. [1997 c 167 § 1.]
28A.300.175
28A.300.185 Family preservation education program. The office of the superintendent of public instruction
shall develop a family preservation education program model
curriculum that is available to each of the school district
boards of directors. The model curriculum shall be posted on
the superintendent of public instruction’s web site. The
model curriculum shall include, but is not limited to, instruction on developing conflict management skills, communication skills, domestic violence and dating violence, financial
responsibility, and parenting responsibility. [2005 c 491 § 3.]
28A.300.185
Finding—2005 c 491: "The legislature finds that effective relationship
skills are used in parenting, the workplace, schools, neighborhoods, and
other relationships. The state has a compelling interest in encouraging its citizens in developing the parenting and communication skills vital for successful and fulfilling family relationships." [2005 c 491 § 1.]
28A.300.190 Coordination of video telecommunications programming in schools. The office of the superintendent of public instruction shall provide statewide coordination of video telecommunications programming for the
common schools. [1990 c 208 § 8.]
28A.300.190
28A.300.220 Cooperation with workforce training
and education coordinating board. The superintendent
28A.300.220
(2010 Ed.)
28A.300.250
shall cooperate with the workforce training and education
coordinating board in the conduct of the board’s responsibilities under RCW 28C.18.060 and shall provide information
and data in a format that is accessible to the board. [1991 c
238 § 78.]
Additional notes found at www.leg.wa.gov
28A.300.230 Findings—Integration of vocational
and academic education. The legislature finds that the
needs of the workforce and the economy necessitate
enhanced vocational education opportunities in secondary
education including curriculum which integrates vocational
and academic education. In order for the state’s workforce to
be competitive in the world market, employees need competencies in both vocational/technical skills and in core essential competencies such as English, math, science/technology,
geography, history, and critical thinking. Curriculum which
integrates vocational and academic education reflects that
many students learn best through applied learning, and that
students should be offered flexible education opportunities
which prepare them for both the world of work and for higher
education. [1991 c 238 § 140.]
28A.300.230
Additional notes found at www.leg.wa.gov
28A.300.235 Development of model curriculum integrating vocational and academic education. The superintendent of public instruction shall with the advice of the
workforce training and education coordinating board develop
model curriculum integrating vocational and academic education at the secondary level. The curriculum shall integrate
vocational education for gainful employment with education
in the academic subjects of English, math, science/technology, geography, and history, and with education in critical
thinking. Upon completion, the model curriculum shall be
provided for consideration and use by school districts. [1991
c 238 § 141.]
28A.300.235
Additional notes found at www.leg.wa.gov
28A.300.240 International student exchange. (1) The
superintendent of public instruction shall annually make
available to school districts and approved private schools,
from data supplied by the secretary of state, the names of
international student exchange visitor placement organizations registered under chapter 19.166 RCW to place students
in public schools in the state and a summary of the information the organizations have filed with the secretary of state
under chapter 19.166 RCW.
(2) The superintendent shall provide general information
and assistance to school districts regarding international student exchange visitors, including, to the extent feasible with
available resources, information on the type of visa required
for enrollment, how to promote positive educational experiences for visiting exchange students, and how to integrate
exchange students into the school environment to benefit the
education of both the exchange students and students in the
state. [1991 c 128 § 11.]
28A.300.240
Additional notes found at www.leg.wa.gov
28A.300.250 Participation in federal nutrition programs—Superintendent’s duties. The superintendent of
28A.300.250
[Title 28A RCW—page 111]
28A.300.270
Title 28A RCW: Common School Provisions
public instruction shall aggressively solicit eligible schools,
child and adult day care centers, and other organizations to
participate in the nutrition programs authorized by the United
States department of agriculture. [1991 c 366 § 402.]
Finding—1991 c 366: "Hunger and malnutrition threaten the future of
a whole generation of children in Washington. Children who are hungry or
malnourished are unable to function optimally in the classroom and are thus
at risk of lower achievement in school. The resultant diminished future
capacity of and opportunities for these children will affect this state’s economic and social future. Thus, the legislature finds that the state has an interest in helping families provide nutritious meals to children.
The legislature also finds that the state has an interest in helping hungry
and malnourished adults obtain necessary nourishment. Adequate nourishment is necessary for physical health, and physical health is the foundation
of self-sufficiency. Adequate nourishment is especially critical in the case of
pregnant and lactating women, both to ensure that all mothers and babies are
as healthy as possible and to minimize the costs associated with the care of
low-birthweight babies." [1991 c 366 § 1.]
Finding—1991 c 366: "The legislature finds that the school breakfast
and lunch programs, the summer feeding program, and the child and adult
day care feeding programs authorized by the United States department of
agriculture are effective in addressing unmet nutritional needs. However,
some communities in the state do not participate in these programs. The
result is hunger, malnutrition, and inadequate nutrition education for otherwise eligible persons living in nonparticipating communities." [1991 c 366
§ 401.]
Additional notes found at www.leg.wa.gov
28A.300.270 Violence prevention training. The
superintendent of public instruction shall, to the extent funding is available, contract with school districts, educational
service districts, and approved in-service providers to conduct training sessions for school certificated and classified
employees in conflict resolution and other violence prevention topics. The training shall be developmentally and culturally appropriate for the school populations being served and
be research based. The training shall not be based solely on
providing materials, but also shall include techniques on
imparting these skills to students. The training sessions shall
be developed in coordination with school districts, the superintendent of public instruction, parents, law enforcement
agencies, human services providers, and other interested parties. The training shall be offered to school districts and
school staff requesting the training, and shall be made available at locations throughout the state. [1994 sp.s. c 7 § 602.]
28A.300.270
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
28A.300.275 Alternative school start-up grants—
School safety grants—Report to legislative committees.
The sum of four million dollars, or as much thereof as may be
necessary, is appropriated from the general fund to the superintendent of public instruction for the biennium ending June
30, 2001, for:
(1) Alternative school start-up grants which are in addition to the grants funded in the two million dollars alternative
school start-up appropriation contained in section 501(2)(l),
chapter 309, Laws of 1999, and these grants shall be awarded
in the same manner and for the same purposes;
(2) School safety programs for prevention and intervention. School districts may apply for and administer these
grants independently or jointly with other school districts or
educational service districts. The funds may be expended for
proven-effective programs to improve safety in schools,
28A.300.275
[Title 28A RCW—page 112]
including: Security assessments of school facilities; violence
prevention and reporting training for staff as appropriate to
the particular duties and responsibilities of the specific staff,
including administrators; nonviolence and leadership training
for staff and students; and school safety plans. The educational service districts and school districts may contract for
any services under this subsection.
(3) The superintendent of public instruction shall report
to the education committees of the house of representatives
and senate on the number and types of programs administered through these grants by February 15, 2001, and February 15th of every two years thereafter. [1999 sp.s. c 12 § 1.]
Additional notes found at www.leg.wa.gov
28A.300.280 Conflict resolution program. The superintendent of public instruction and the office of the attorney
general, in cooperation with the Washington state bar association, shall develop a volunteer-based conflict resolution and
mediation program for use in community groups such as
neighborhood organizations and the public schools. The program shall use lawyers to train students who in turn become
trainers and mediators for their peers in conflict resolution.
[1994 sp.s. c 7 § 611.]
28A.300.280
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
28A.300.285 Harassment, intimidation, and bullying
prevention policies and procedures—Model policy and
procedure—Training materials—Posting on web site—
Rules—Advisory committee. (1) By August 1, 2011, each
school district shall adopt or amend if necessary a policy and
procedure that at a minimum incorporates the revised model
policy and procedure provided under subsection (4) of this
section that prohibits the harassment, intimidation, or bullying of any student. It is the responsibility of each school district to share this policy with parents or guardians, students,
volunteers, and school employees in accordance with rules
adopted by the superintendent of public instruction. Each
school district shall designate one person in the district as the
primary contact regarding the antiharassment, intimidation,
or bullying policy. The primary contact shall receive copies
of all formal and informal complaints, have responsibility for
assuring the implementation of the policy and procedure, and
serve as the primary contact on the policy and procedures
between the school district, the office of the education
ombudsman, and the office of the superintendent of public
instruction.
(2) "Harassment, intimidation, or bullying" means any
intentional electronic, written, verbal, or physical act, including but not limited to one shown to be motivated by any characteristic in RCW 9A.36.080(3), or other distinguishing characteristics, when the intentional electronic, written, verbal, or
physical act:
(a) Physically harms a student or damages the student’s
property; or
(b) Has the effect of substantially interfering with a student’s education; or
(c) Is so severe, persistent, or pervasive that it creates an
intimidating or threatening educational environment; or
(d) Has the effect of substantially disrupting the orderly
operation of the school.
28A.300.285
(2010 Ed.)
Superintendent of Public Instruction
Nothing in this section requires the affected student to
actually possess a characteristic that is a basis for the harassment, intimidation, or bullying.
(3) The policy and procedure should be adopted or
amended through a process that includes representation of
parents or guardians, school employees, volunteers, students,
administrators, and community representatives. It is recommended that each such policy emphasize positive character
traits and values, including the importance of civil and
respectful speech and conduct, and the responsibility of students to comply with the district’s policy prohibiting harassment, intimidation, or bullying.
(4)(a) By August 1, 2010, the superintendent of public
instruction, in consultation with representatives of parents,
school personnel, the office of the education ombudsman, the
Washington state school directors’ association, and other
interested parties, shall provide to the education committees
of the legislature a revised and updated model harassment,
intimidation, and bullying prevention policy and procedure.
The superintendent of public instruction shall publish on its
web site, with a link to the safety center web page, the revised
and updated model harassment, intimidation, and bullying
prevention policy and procedure, along with training and
instructional materials on the components that shall be
included in any district policy and procedure. The superintendent shall adopt rules regarding school districts’ communication of the policy and procedure to parents, students,
employees, and volunteers.
(b) The office of the superintendent of public instruction
has the authority to update with new technologies access to
this information in the safety center, to the extent resources
are made available.
(c) Each school district shall by August 15, 2011, provide to the superintendent of public instruction a brief summary of its policies, procedures, programs, partnerships, vendors, and instructional and training materials to be posted on
the school safety center web site, and shall also provide the
superintendent with a link to the school district’s web site for
further information. The district’s primary contact for bullying and harassment issues shall annually by August 15th verify posted information and links and notify the school safety
center of any updates or changes.
(5) The Washington state school directors’ association,
with the assistance of the office of the superintendent of public instruction, shall convene an advisory committee to
develop a model policy prohibiting acts of harassment, intimidation, or bullying that are conducted via electronic means
by a student while on school grounds and during the school
day. The policy shall include a requirement that materials
meant to educate parents and students about the seriousness
of cyberbullying be disseminated to parents or made available on the school district’s web site. The school directors’
association and the advisory committee shall develop sample
materials for school districts to disseminate, which shall also
include information on responsible and safe internet use as
well as what options are available if a student is being bullied
via electronic means, including but not limited to, reporting
threats to local police and when to involve school officials,
the internet service provider, or phone service provider. The
school directors’ association shall submit the model policy
and sample materials, along with a recommendation for local
(2010 Ed.)
28A.300.290
adoption, to the governor and the legislature and shall post
the model policy and sample materials on its web site by January 1, 2008. Each school district board of directors shall
establish its own policy by August 1, 2008.
(6) As used in this section, "electronic" or "electronic
means" means any communication where there is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. [2010 c 239 § 2; 2007 c
407 § 1; 2002 c 207 § 2.]
Finding—Intent—2010 c 239: "The legislature finds that despite a
recognized law prohibiting harassment, intimidation, and bullying of students in public schools and despite widespread adoption of antiharassment
policies by school districts, harassment of students continues and has not
declined since the law was enacted. Furthermore, students and parents continue to seek assistance against harassment, and schools need to disseminate
more widely their antiharassment policies and procedures. The legislature
intends to expand the tools, information, and strategies that can be used to
combat harassment, intimidation, and bullying of students, and increase
awareness of the need for respectful learning communities in all public
schools." [2010 c 239 § 1.]
Findings—2002 c 207: "The legislature declares that a safe and civil
environment in school is necessary for students to learn and achieve high
academic standards. The legislature finds that harassment, intimidation, or
bullying, like other disruptive or violent behavior, is conduct that disrupts
both a student’s ability to learn and a school’s ability to educate its students
in a safe environment.
Furthermore, the legislature finds that students learn by example. The
legislature commends school administrators, faculty, staff, and volunteers
for demonstrating appropriate behavior, treating others with civility and
respect, and refusing to tolerate harassment, intimidation, or bullying."
[2002 c 207 § 1.]
28A.300.290 Effective reading programs—Identification. (1) The center for the improvement of student learning, or its designee, shall develop and implement a process
for identifying programs that have been proven to be effective based upon valid research in teaching elementary students to read. Additional programs shall be reviewed after the
initial identification of effective programs.
(2) In identifying effective reading programs, the center
for the improvement of student learning, or its designee, shall
consult primary education teachers, statewide reading organizations, institutions of higher education, the commission on
student learning, parents, legislators, and other appropriate
individuals and organizations.
(3) In identifying effective reading programs, the following criteria shall be used:
(a) Whether the program will help the student meet the
state-level and classroom-based assessments for reading;
(b) Whether the program has achieved documented
results for students on valid and reliable assessments;
(c) Whether the results of the program have been replicated at different locations over a period of time;
(d) Whether the requirements and specifications for
implementing the program are clear so that potential users
can clearly determine the requirements of the program and
how to implement it;
(e) Whether, when considering the cost of implementing
the program, the program is cost-effective relative to other
similar types of programs;
(f) Whether the program addresses differing student populations; and
(g) Other appropriate criteria and considerations.
28A.300.290
[Title 28A RCW—page 113]
28A.300.295
Title 28A RCW: Common School Provisions
(4) The initial identification of effective reading programs shall be completed and a list of the identified programs
prepared by December 31, 1996. [1996 c 273 § 1.]
Additional notes found at www.leg.wa.gov
28A.300.295 Identified programs—Grants for inservice training and instructional materials. The superintendent of public instruction shall establish a grant program
to provide incentives for teachers, schools, and school districts to use the identified programs on the approved list in
grades kindergarten through four. Schools, school districts,
and educational service districts may apply for grants. Funds
for the grants shall be used for in-service training and instructional materials. Grants shall be awarded and funds distributed not later than June 30, 1997, for programs in the 199697 and 1997-98 school years. Priority shall be given to grant
applications involving schools and school districts with the
lowest mean percentile scores on the statewide third grade
test required under *RCW 28A.230.190 among grant applicants. [1999 c 78 § 2; 1996 c 273 § 2.]
28A.300.295
*Reviser’s note: RCW 28A.230.190 was repealed by 2005 c 217 § 3.
Additional notes found at www.leg.wa.gov
28A.300.300 Effective reading programs—Information—Development and implementation of strategies. (1)
After effective programs have been identified in accordance
with RCW 28A.300.290, the center for the improvement of
student learning, or its designee, shall provide information
and take other appropriate steps to inform elementary school
teachers, principals, curriculum directors, superintendents,
school board members, college and university reading
instruction faculty, and others of its findings.
(2) The center, in cooperation with statewide organizations interested in improving literacy, also shall develop and
implement strategies to improve reading instruction in the
state, with a special emphasis on the instruction of reading in
the primary grades using the effective reading programs that
have been identified in accordance with RCW 28A.300.290.
The strategies may include, but should not be limited to,
expanding and improving reading instruction of elementary
school teachers in teacher preparation programs, expanded
in-service training in reading instruction, the training of paraprofessionals and volunteers in reading instruction, improving classroom-based assessment of reading, and increasing
statewide and regional technical assistance in reading instruction. [1998 c 245 § 11; 1996 c 273 § 4.]
28A.300.300
Additional notes found at www.leg.wa.gov
28A.300.310 Second grade reading assessment—
Selection of reading passages—Costs. (1) The superintendent of public instruction shall identify a collection of reading passages and assessment procedures that can be used to
measure second grade oral reading accuracy and fluency
skills. The purpose of the second grade reading assessment is
to provide information to parents, teachers, and school
administrators on the level of acquisition of oral reading
accuracy and fluency skills of each student at the beginning
of second grade. The assessment procedures and each of the
reading passages in the collection must:
28A.300.310
[Title 28A RCW—page 114]
(a) Provide a reliable and valid measure of a student’s
oral reading accuracy and fluency skills;
(b) Be able to be individually administered;
(c) Have been approved by a panel of nationally recognized professionals in the area of beginning reading, whose
work has been published in peer-reviewed education research
journals, and professionals in the area of measurement and
assessment; and
(d) Assess student skills in recognition of letter sounds,
phonemic awareness, word recognition, and reading connected text. Text used for the test of fluency must be ordered
in relation to difficulty.
(2) The superintendent of public instruction shall select
reading passages for use by schools and school districts participating in pilot projects under RCW 28A.300.320 during
the 1997-98 school year. The final collection must be
selected by June 30, 1998. The superintendent of public
instruction may add reading passages to the initial list if the
passages are comparable in format to the initial passages
approved by the expert panel in subsection (1) of this section.
(3) The superintendent of public instruction shall
develop a per-pupil cost for the assessments in the collection
that details the costs for administering the assessments, booklets, scoring, and training required to reliably administer the
test. To the extent funds are appropriated, the superintendent
of public instruction shall pay for the cost of administering
and scoring the assessments, booklets or other assessment
material, and training required to administer the test. [1999 c
373 § 101; 1997 c 262 § 2.]
Findings—1997 c 262: "The legislature acknowledges the definition of
reading as "Reading is the process of constructing meaning from written text.
It is the complex skill requiring the coordination of a number of interrelated
sources of information." Marilyn Adams, Becoming a Nation of Readers 7.
The legislature also acknowledges the role that reading accuracy and fluency
plays in the comprehension of text. The legislature finds that one way to
determine if a child’s inability to read is problematic is to compare the
child’s reading fluency and accuracy skills with that of other children. To
accomplish this objective, the legislature finds that assessments that test students’ reading fluency and accuracy skills must be scientifically valid and
reliable. The legislature further finds that early identification of students with
potential reading difficulties can provide valuable information to parents,
teachers, and school administrators. The legislature finds that assessment of
second grade students’ reading fluency and accuracy skills can assist teachers in planning and implementing a reading curriculum that addresses students’ deficiencies in reading." [1997 c 262 § 1.]
Additional notes found at www.leg.wa.gov
28A.300.320 Second grade reading assessment—
Pilot projects—Assessment selection—Assessment
results. (1) The superintendent of public instruction shall
create a pilot project to identify which second grade reading
assessments selected under RCW 28A.300.310 will be
included in the final collection of assessments that must be
available by June 30, 1998.
(2) Schools and school districts may voluntarily participate in the second grade reading test pilot projects in the
1997-98 school year. Schools and school districts voluntarily
participating in the pilot project test are not required to have
the results available by the fall parent-teacher conference.
(3)(a) Starting in the 1998-99 school year, school districts must select an assessment from the collection adopted
by the superintendent of public instruction. Selection must be
at the entire school district level.
28A.300.320
(2010 Ed.)
Superintendent of Public Instruction
(b) The second grade reading assessment selected by the
school district must be administered annually in the fall
beginning with the 1998-99 school year. Students who score
substantially below grade level when assessed in the fall shall
be assessed at least one more time during the second grade.
Assessment performance deemed to be "substantially below
grade level" is to be determined for each passage in the collection by the superintendent of public instruction.
(c) If a student, while taking the assessment, reaches a
point at which the student’s performance will be considered
"substantially below grade level" regardless of the student’s
performance on the remainder of the assessment, the assessment may be discontinued.
(d) Each school must have the assessment results available by the fall parent-teacher conference. Schools must
notify parents about the second grade reading assessment
during the conferences, inform the parents of their students’
performance on the assessment, identify actions the school
intends to take to improve the child’s reading skills, and provide parents with strategies to help the parents improve their
child’s score. [1999 c 373 § 102; 1998 c 319 § 201; 1997 c
262 § 3.]
Intent—1997 c 262: See note following RCW 28A.300.310.
Additional notes found at www.leg.wa.gov
28A.300.330 Primary grade reading grant program.
(1) The superintendent of public instruction shall establish a
primary grade reading grant program. The purpose of the
grant program is to enhance teachers’ skills in using teaching
methods that have proven results gathered through quantitative research and to assist students in beginning reading.
(2) Schools and school districts may apply for primary
grade reading grants. To qualify for a grant, the grant proposal shall provide that the grantee must:
(a) Document that the instructional model the grantee
intends to implement, including teaching methods and
instructional materials, is based on results validated by quantitative methods;
(b) Agree to work with the independent contractor identified under subsection (3) of this section to determine the
effectiveness of the instructional model selected and the
effectiveness of the staff development provided to implement
the selected model; and
(c) Provide evidence of a significant number of students
who are not achieving at grade level.
To the extent funds are appropriated, the superintendent
of public instruction shall make initial grants available by
September 1, 1997, for schools and school districts voluntarily participating in pilot projects under RCW 28A.300.320.
Subject to available funding, additional applications may be
submitted to the superintendent of public instruction by September 1, 1998, and by September 1st in subsequent years.
Grants will be awarded for two years.
(3) The superintendent of public instruction shall contract with an independent contractor who has experience in
program evaluation and quantitative methods to evaluate the
impact of the grant activities on students’ reading skills and
the effectiveness of the staff development provided to teachers to implement the instructional model selected by the
grantee. Five percent of the funds awarded for grants shall be
28A.300.330
(2010 Ed.)
28A.300.370
set aside for the purpose of the grant evaluation conducted by
the independent contractor.
(4) The superintendent of public instruction shall submit
biennially to the legislature and the governor a report on the
primary grade reading grant program. The first report must be
submitted not later than December 1, 1999, and each succeeding report must be submitted not later than December 1st
of each odd-numbered year. Reports must include information on how the schools and school districts used the grant
money, the instructional models used, how they were implemented, and the findings of the independent contractor.
(5) The superintendent of public instruction shall disseminate information to the school districts five years after
the beginning of the grant program regarding the results of
the effectiveness of the instructional models and implementation strategies.
(6) Funding under this section shall not become part of
the state’s basic program of education obligation as set forth
under Article IX of the state Constitution. [1997 c 262 § 4.]
Intent—1997 c 262: See note following RCW 28A.300.310.
28A.300.340 Primary grade reading grant program—Timelines—Rules. (1) The superintendent of public
instruction may use up to one percent of the appropriated
funds for administration of the primary grade reading grant
program established in chapter 262, Laws of 1997.
(2) The superintendent of public instruction shall adopt
timelines and rules as necessary under chapter 34.05 RCW to
administer the primary reading grant program in RCW
28A.300.310.
(3) Funding under this section shall not become a part of
the state’s basic program of education obligation as set forth
under Article IX of the state Constitution. [1997 c 262 § 7.]
28A.300.340
Intent—1997 c 262: See note following RCW 28A.300.310.
28A.300.360 Grants for programs and services—
Truant, at-risk, and expelled students. The superintendent
of public instruction shall provide, to the extent funds are
appropriated, start-up grants for alternative programs and services that provide instruction and learning for truant, at-risk,
and expelled students. Each grant application shall contain
proposed performance indicators and an evaluation plan to
measure the success of the program and its impact on
improved student learning. Applications shall contain the
applicant’s plan for maintaining the program and services
after the grant period. [1999 c 319 § 7.]
28A.300.360
28A.300.370 World War II oral history project. (1)
The World War II oral history project is established for the
purpose of providing oral history presentations, documentation, and other materials to assist the office of the superintendent of public instruction and educators in the development
of a curriculum for use in kindergarten through twelfth grade.
(2) To the extent funds are appropriated or donated, the
project shall be administered by the office of the superintendent of public instruction. The office shall convene an advisory committee to assist in the design and implementation of
the project. The committee shall be composed of members of
the World War II memorial educational foundation, the
department of veterans affairs, the secretary of state’s office,
28A.300.370
[Title 28A RCW—page 115]
28A.300.380
Title 28A RCW: Common School Provisions
and legislators involved with and interested in the development of the oral history project. The committee may select its
own chair and may expand its membership to include the services of other individuals, agencies, or organizations on the
basis of need. The office shall provide staffing and administrative support to the advisory committee.
(3) The project will preserve for the education of Washington’s school children the memories and history of our
state’s citizens who served their state and country as members of the armed forces or through national or community
contributions during World War II. The project is intended to
preserve these memories and history through audiotapes, videotapes, films, stories, printed transcripts, digitally, and
through other appropriate methods.
(4) Any funding provided to the program through the
omnibus appropriations act for the 2005-2007 biennium shall
be used to record the memories of women who meet the
requirements of subsection (3) of this section.
(5) As part of the project, the office of the superintendent
of public instruction shall identify the requirements regarding
instructional guides to help educators use the preserved material in age and grade appropriate ways.
(6) In its administration of the project, the office may
carry out its responsibilities through contracts with filming
and taping specialists, mini-grants to schools, contracts with
the World War II memorial educational foundation, and
through other means recommended by the foundation.
(7) By December 1, 2000, and every second year thereafter in which the project has received funding, the office
shall report on the results of the project to the governor and
the house of representatives and senate committees on education. The December 2000 report shall include, but need not
be limited to, identification of the project’s implementation
strategies and resource requirements, and any curriculum
standards developed through the project. [2005 c 75 § 2;
2000 c 112 § 2.]
Findings—2005 c 75: "The legislature finds that the women of the
greatest generation made essential contributions, in many different ways, to
our nation’s success in World War II. During the war, more than four hundred fifty thousand women served their country in the armed forces of the
United States. Another group of women provided nursing and support services to the troops. These women were joined by more than two million
women back home who, like Rosie the Riveter, worked in industries that
supported service men and women abroad. Other women held the nation
together by raising families, educating children, and taking care of the ill and
elderly. These women held our families, businesses, and communities
together, living with rationed goods and services so that the service men and
women fighting in the war would have the materials they needed to be successful. The legislature finds that women in all these roles made sacrifices
necessary for the success of our nation’s defense and contributions essential
to the well-being of the people back home. The legislature further finds that
to have a clearer reflection of women’s sacrifices on behalf of freedom and
democracy, it is necessary to include in the World War II oral history project
the memories of women who contributed to the war effort through either military service or other important contributions to our nation, state, or communities." [2005 c 75 § 1.]
patriots must be preserved to remind future generations of the price the members of the greatest generation paid to preserve our democratic way of life.
The legislature further finds that to have a clearer reflection of these sacrifices on behalf of freedom and democracy, it is necessary to include the
memories of all women and men of our armed forces, their family members,
and others involved in the war effort so that these memories mirror our
nation’s rich ethnic diversity. In addition, the legislature recognizes the
existence and contributions of the World War II memorial educational foundation. Members of the foundation include World War II veterans, and advisors from the office of veterans affairs, the superintendent of public instruction, and the secretary of state. The legislature intends to honor the veterans
who served in World War II and their supportive families by preserving their
memories so Washington’s school children will never forget the significant
human costs of war and the efforts of their ancestors to preserve and protect
our country and the world from tyranny. The legislature further intends that
members of the World War II memorial educational foundation have a
strong advisory role in the preservation of those memories and the creation
of instructional materials on the war." [2000 c 112 § 1.]
28A.300.380 Career and technical student organizations—Support services. (1) The superintendent of public
instruction shall maintain support for statewide coordination
for career and technical student organizations by providing
program staff support that is available to assist in meeting the
needs of career and technical student organizations and their
members and students. The superintendent may provide
additional support to the organizations through contracting
with independent coordinators.
(2) Career and technical student organizations eligible
for technical assistance and other support services under this
section are organizations recognized as career and technical
student organizations by:
(a) The United States department of education; or
(b) The superintendent of public instruction, if such recognition is recommended by the Washington association for
career and technical education.
(3) Career and technical student organizations eligible
for technical assistance and other support services under this
section include, but are not limited to: The national FFA
organization; family, career, and community leaders of
America; skillsUSA; distributive education clubs of America; future business leaders of America; and the technology
student association. [2010 1st sp.s. c 37 § 913; 2000 c 84 §
2.]
28A.300.380
Effective date—2010 1st sp.s. c 37: See note following RCW
13.06.050.
Effective date—2005 c 75: "This act takes effect August 1, 2005."
[2005 c 75 § 3.]
Findings—2000 c 84: "(1) The legislature finds that career and technical student organizations:
(a) Prepare students for career experiences beyond high school;
(b) Help students develop personal, leadership, technical, and occupational skills;
(c) Are an integral component of vocational technical instruction programs; and
(d) Directly help students achieve state learning goals, especially goals
three and four with respect to critical thinking, problem solving, and decision-making skills.
(2) The legislature finds that career and technical student organizations
are best situated to fulfill their important purpose if they are in existence pursuant to statute and receive ongoing assistance and support from the office of
superintendent of public instruction." [2000 c 84 § 1.]
Findings—Intent—2000 c 112: "The legislature finds that more than
two hundred fifty thousand of Washington’s citizens served their country in
the armed forces of the United States during World War II. The legislature
also finds that almost six thousand of those citizens sacrificed their lives to
secure our nation’s and the world’s peace and freedom. The legislature finds
that the hardships and sacrifices endured by the families and communities of
these service men and women were critical to the eventual success of our
nation’s defense. The legislature also finds the memories of these stalwart
28A.300.390 Washington civil liberties public education program—Findings. The legislature finds that:
(1) In order to adequately prepare our youth for their
meaningful participation in our democratic institutions and
processes, there must be strong educational resources aimed
[Title 28A RCW—page 116]
28A.300.390
(2010 Ed.)
Superintendent of Public Instruction
at teaching students and the public about the fragile nature of
our constitutional rights.
(2) The federal commission on wartime relocation and
internment of civilians was established by congress in 1980
to review the facts and circumstances surrounding executive
order 9066, issued on February 19, 1942, and the impact of
the executive order on American citizens and permanent residents, and to recommend appropriate remedies.
The commission of [on] wartime relocation and internment of civilians issued a report of its findings in 1983 with
the reports "Personal Justice Denied" and "Personal Justice
Denied-Part II, Recommendations." The reports were based
on information gathered through twenty days of hearings in
cities across the country, particularly the west coast. Testimony was heard from more than seven hundred fifty witnesses, including evacuees, former government officials,
public figures, interested citizens, historians, and other professionals who have studied the internment of JapaneseAmericans during World War II.
(3) The lessons to be learned from the internment of Japanese-Americans during World War II are embodied in "Personal Justice Denied-Part II, Recommendations" which
found that executive order 9066 was not justified by military
necessity, and the decisions that followed from it were not
founded upon military considerations. These decisions
included the exclusion and detention of American citizens
and resident aliens of Japanese descent. The broad historical
causes that shaped these decisions were race prejudice, war
hysteria, and a failure of political leadership. Widespread
ignorance about Americans of Japanese descent contributed
to a policy conceived in haste and executed in an atmosphere
of fear and anger at Japan. A grave personal injustice was
done to the American citizens and resident aliens of Japanese
ancestry who, without individual review or any probative evidence against them were excluded, removed, and detained by
the United States during World War II.
(4) A grave injustice was done to both citizens and permanent residents of Japanese ancestry by the evacuation,
relocation, and internment of civilians during World War II.
These actions were carried out without adequate security reasons and without any documented acts of espionage or sabotage, and were motivated largely by racial prejudice, wartime
hysteria, and a failure of political leadership. The excluded
individuals of Japanese ancestry suffered enormous damages,
both material and intangible, and there were incalculable
losses in education and job training, all of which resulted in
significant human suffering for which appropriate compensation has not been made. For these fundamental violations of
the basic civil liberties and constitutional rights of these individuals of Japanese ancestry, the United States congress apologized on behalf of the nation in the federal civil liberties act
of 1988. [2000 c 210 § 1.]
28A.300.395
28A.300.395 Washington civil liberties public education program—Intent. The legislature intends to develop a
grant program to fund public educational activities and development of educational materials to ensure that the events surrounding the exclusion, forced removal, and internment of
civilians and permanent resident aliens of Japanese ancestry
will be remembered, and so that the causes and circumstances
(2010 Ed.)
28A.300.410
of this and similar events may be illuminated and understood.
[2000 c 210 § 2.]
28A.300.400 Washington civil liberties public education program—Definition. As used in RCW 28A.300.390
through 28A.300.415, "program" means the Washington
civil liberties public education program, unless the context
clearly requires otherwise. [2000 c 210 § 3.]
28A.300.400
28A.300.405 Washington civil liberties public education program—Created—Purpose. Consistent with the
legislative findings in RCW 28A.300.390, the legislature
shall establish the Washington civil liberties public education
program. The program provides grants for the purpose of
establishing a legacy of remembrance as part of a continuing
process of recovery from the World War II exclusion and
detention of individuals of Japanese ancestry. The program is
created to do one or both of the following:
(1) Educate the public regarding the history and the lessons of the World War II exclusion, removal, and detention
of persons of Japanese ancestry through the development,
coordination, and distribution of new educational materials
and the development of curriculum materials to complement
and augment resources currently available on this subject
matter; and
(2) Develop videos, plays, presentations, speaker
bureaus, and exhibitions for presentation to elementary
schools, secondary schools, community colleges, and to other
interested parties. [2000 c 210 § 4.]
28A.300.405
28A.300.410 Washington civil liberties public education program—Grants—Acceptance of gifts, grants, or
endowments. (1) The superintendent of public instruction
shall allocate grants under the program established in RCW
28A.300.390 through 28A.300.415 from private donations or
within amounts appropriated for this specific purpose. The
grants shall be awarded on a competitive basis.
(2) The superintendent of public instruction may contract with independent review panelists and establish an advisory panel to evaluate and make recommendations to the
superintendent of public instruction based on grant applications.
(3) The superintendent of public instruction shall select
grant recipients from applicants who meet all of the following criteria:
(a) The capability to administer and complete the proposed project within specified deadlines and within the specified budget;
(b) The experience, knowledge, and qualifications necessary to conduct quality educational activities regarding the
exclusion and detention of Japanese-Americans during
World War II;
(c) Projects that relate the Japanese-American exclusion
and detention experience with civil rights included in the
Declaration of Independence and the Constitution so that this
event may be illuminated and understood in order to prevent
similar violations of civil rights in the future;
(d) Projects that are designed to maximize the long-term
educational impact of this chapter;
28A.300.410
[Title 28A RCW—page 117]
28A.300.415
Title 28A RCW: Common School Provisions
(e) Projects that build upon, contribute to, and expand
upon the existing body of educational and research materials
on the exclusion and detention of Japanese-Americans during
World War II; and
(f) Projects that include the variety of experiences
regarding the exclusion and detention of Japanese-Americans
and its impact before, during, and after World War II including those Japanese-Americans who served in the military and
those who were interned in department of justice camps.
(4) Applicants for grants under the program are encouraged to do each of the following:
(a) Involve former detainees, those excluded from the
military area, and their descendants in the development and
implementation of projects;
(b) Develop a strategy and plan for raising the level of
awareness and understanding among the American public
regarding the exclusion and detention of Japanese-Americans
during World War II so that the causes and circumstances of
this and similar events may be illuminated and understood;
(c) Develop a strategy and plan for reaching the broad,
multicultural population through project activities;
(d) Develop local and regional consortia of organizations
and individuals engaged in similar educational, research, and
development efforts;
(e) Coordinate and collaborate with organizations and
individuals engaging in similar educational, research, and
development endeavors to maximize the effect of grants;
(f) Utilize creative and innovative methods and
approaches in the research, development, and implementation of their projects;
(g) Seek matching funds, in-kind contributions, or other
sources of support to supplement their proposal;
(h) Use a variety of media, including new technology,
and the arts to creatively and strategically appeal to a broad
audience while enhancing and enriching community-based
educational efforts;
(i) Include in the grant application, scholarly inquiry
related to the variety of experiences and impact of the exclusion and detention of persons of Japanese ancestry during
World War II; and
(j) Add relevant materials to or catalogue relevant materials in libraries and other repositories for the creation, publication, and distribution of bibliographies, curriculum guides,
oral histories, and other resource directories and supporting
the continued development of scholarly work on this subject
by making a broad range of archival, library, and research
materials more accessible to the American public.
(5) The superintendent of public instruction may adopt
other criteria as it deems appropriate for its review of grant
proposals. In reviewing projects for funding, scoring shall be
based on an evaluation of all application materials including
narratives, attachments, support letters, supplementary materials, and other materials that may be requested of applicants.
(6)(a) In the review process, the superintendent of public
instruction shall assign the following order of priority to the
criteria set forth in subsection (3) of this section:
(i) Subsection (3)(a) through (d) of this section, inclusive, shall be given highest priority; and
(ii) Subsection (3)(e) through [and] (f) of this section,
inclusive, shall be given second priority.
[Title 28A RCW—page 118]
(b) The superintendent of public instruction shall consider the overall breadth and variety of the field of applicants
to determine the projects that would best fulfill its program
and mission. Final grant awards may be for the full amount of
the grant requests or for a portion of the grant request.
(7) The superintendent of public instruction shall determine the types of applicants eligible to apply for grants under
this program.
(8) The office may accept gifts, grants, or endowments
from public or private sources for the program and may spend
any gifts, grants, or endowments or income from public or
private sources according to their terms. [2000 c 210 § 5.]
28A.300.415 Washington civil liberties public education program—Short title. RCW 28A.300.390 through
28A.300.415 shall be known as the Washington civil liberties
public education act. [2000 c 210 § 7.]
28A.300.415
28A.300.420 Student court programs. The office of
the superintendent of public instruction shall encourage
school districts to implement, expand, or use student court
programs for students who commit violations of school rules
and policies. Program operations of student courts may be
funded by government and private grants. Student court programs are limited to those that:
(1) Are developed using the guidelines for creating and
operating student court programs developed by nationally
recognized student court projects;
(2) Target violations of school rules by students enrolled
in public or private school; and
(3) Emphasize the following principles:
(a) Youth must be held accountable for their problem
behavior;
(b) Youth must be educated about the impact their
actions have on themselves and others including the school,
school personnel, their classmates, their families, and their
community;
(c) Youth must develop skills to resolve problems with
their peers more effectively; and
(d) Youth should be provided a meaningful forum to
practice and enhance newly developed skills. [2002 c 237 §
17.]
28A.300.420
28A.300.430 Collaboration with children’s system of
care demonstration sites. It is the expectation of the legislature that local school districts shall collaborate with each
children’s system of care demonstration site established
under RCW 74.55.010. [2002 c 309 § 6.]
28A.300.430
28A.300.440 Natural science, wildlife, and environmental education grant program. (1) The natural science,
wildlife, and environmental education grant program is
hereby created, subject to the availability of funds in the natural science, wildlife, and environmental education partnership account. The program is created to promote proven and
innovative natural science, wildlife, and environmental education programs that are fully aligned with the state’s essential academic learning requirements, and includes but is not
limited to instruction about renewable resources, responsible
use of resources, and conservation.
28A.300.440
(2010 Ed.)
Superintendent of Public Instruction
(2) The superintendent of public instruction shall establish and publish funding criteria for environmental, natural
science, wildlife, forestry, and agricultural education grants.
The office of [the] superintendent of public instruction shall
involve a cross-section of stakeholder groups to develop
socially, economically, and environmentally balanced funding criteria. These criteria shall be based on compliance with
the essential academic learning requirements and use methods that encourage critical thinking. The criteria must also
include environmental, natural science, wildlife, forestry, and
agricultural education programs with one or more of the following features:
(a) Interdisciplinary approaches to environmental, natural science, wildlife, forestry, and agricultural issues;
(b) Programs that target underserved, disadvantaged, and
multicultural populations;
(c) Programs that reach out to schools across the state
that would otherwise not have access to specialized environmental, natural science, wildlife, forestry, and agricultural
education programs;
(d) Proven programs offered by innovative community
partnerships designed to improve student learning and
strengthen local communities.
(3) Eligible uses of grants include, but are not limited to:
(a) Continuing in-service and preservice training for
educators with materials specifically developed to enable
educators to teach essential academic learning requirements
in a compelling and effective manner;
(b) Proven, innovative programs that align the basic subject areas of the common school curriculum in chapter
28A.230 RCW with the essential academic learning requirements; the basic subject areas should be integrated by using
environmental education, natural science, wildlife, forestry,
agricultural, and natural environment curricula to meet the
needs of various learning styles; and
(c) Support and equipment needed for the implementation of the programs in this section.
(4) Grants may only be disbursed to nonprofit organizations exempt from income tax under section 501(c) of the
federal internal revenue code that can provide matching
funds or in-kind services.
(5) Grants may not be used for any partisan or political
activities. [2003 c 22 § 3.]
Intent—2003 c 22: "(1) Effective, natural science, wildlife, and environmental education programs provide the foundation for the development
of literate children and adults, setting the stage for lifelong learning. Furthermore, integrating the basic subject areas of the common school curriculum in
chapter 28A.230 RCW through natural science, wildlife, and environmental
education offers many opportunities for achieving excellence in our schools.
Well-designed programs, aligned with the state’s essential academic learning requirements, contribute to the state’s educational reform goals.
(2) Washington is fortunate to have institutions and programs that currently provide quality natural science, wildlife, and environmental education
and teacher training that is already aligned with the state’s essential academic learning requirements.
(3) The legislature intends to further the development of natural science, wildlife, and environmental education by establishing a competitive
grant program, funded through state moneys to the extent those moneys are
appropriated, or made available through other sources, for proven natural
science, wildlife, and environmental education programs that are fully
aligned with the state’s essential academic learning requirements." [2003 c
22 § 1.]
(2010 Ed.)
28A.300.450
28A.300.445 Washington natural science, wildlife,
and environmental education partnership account. The
Washington natural science, wildlife, and environmental
education partnership account is hereby created in the custody of the state treasurer to provide natural science, wildlife,
and environmental education opportunities for teachers and
students to help achieve the highest quality of excellence in
education through compliance with the essential academic
learning requirements. Revenues to the account shall consist
of appropriations made by the legislature or other sources.
Grants and their administration shall be paid from the
account. Only the superintendent of public instruction or the
superintendent’s designee may authorize expenditures from
the account. The fund is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 c 22 § 2.]
28A.300.445
Intent—2003 c 22: See note following RCW 28A.300.440.
28A.300.450 Financial education public-private
partnership—Established. (1) A financial education public-private partnership is established, composed of the following members:
(a) Four members of the legislature, with one member
from each caucus of the house of representatives appointed
by the speaker of the house of representatives, and one member from each caucus of the senate appointed by the president
of the senate;
(b) Four representatives from the private for-profit and
nonprofit financial services sector, including at least one representative from the jumpstart coalition, to be appointed by
the governor;
(c) Four teachers to be appointed by the superintendent
of public instruction, with one each representing the elementary, middle, secondary, and postsecondary education sectors;
(d) A representative from the department of financial
institutions to be appointed by the director;
(e) Two representatives from the office of the superintendent of public instruction, with one involved in curriculum
development and one involved in teacher professional development, to be appointed by the superintendent.
(2) The chair of the partnership shall be selected by the
members of the partnership from among the legislative members.
(3) To the extent funds are appropriated or are available
for this purpose, the partnership may hire a staff person who
shall reside in the office of the superintendent of public
instruction for administrative purposes. Additional technical
and logistical support may be provided by the office of the
superintendent of public instruction, the department of financial institutions, the organizations composing the partnership,
and other participants in the financial education public-private partnership.
(4) The members of the partnership shall be appointed by
August 1, 2009.
(5) Legislative members of the partnership shall receive
per diem and travel under RCW 44.04.120.
(6) Travel and other expenses of members of the partnership shall be provided by the agency, association, or organization that member represents.
28A.300.450
[Title 28A RCW—page 119]
28A.300.460
Title 28A RCW: Common School Provisions
(7) This section shall be implemented to the extent funds
are available. [2009 c 443 § 1; 2004 c 247 § 2.]
Findings—Intent—2004 c 247: "The legislature recognizes that the
average high school student lacks a basic knowledge of personal finance. In
addition, the legislature recognizes the damaging effects of not properly preparing youth for the financial challenges of modern life, including bankruptcy, poor retirement planning, unmanageable debt, and a lower standard
of living for Washington families.
The legislature finds that the purpose of the state’s system of public
education is to help students acquire the skills and knowledge they will need
to be productive and responsible 21st century citizens. The legislature further finds that responsible citizenship includes an ability to make wise financial decisions. The legislature further finds that financial literacy could easily be included in lessons, courses, and projects that demonstrate each student’s understanding of the state’s four learning goals, including goal four:
Understanding the importance of work and how performance, effort, and
decisions directly affect future opportunities.
The legislature intends to assist school districts in their efforts to ensure
that students are financially literate through identifying critical financial literacy skills and knowledge, providing information on instructional materials, and creating a public-private partnership to help provide instructional
tools and professional development to school districts that wish to increase
the financial literacy of their students." [2004 c 247 § 1.]
28A.300.460 Financial education public-private
partnership responsibilities—Annual report. (1) The task
of the financial education public-private partnership is to
seek out and determine the best methods of equipping students with the knowledge and skills they need, before they
become self-supporting, in order for them to make critical
decisions regarding their personal finances. The components
of personal financial education shall include the achievement
of skills and knowledge necessary to make informed judgments and effective decisions regarding earning, spending,
and the management of money and credit.
(2) In carrying out its task, and to the extent funds are
available, the partnership shall:
(a) Communicate to school districts the financial education standards adopted under RCW 28A.300.462, other
important financial education skills and content knowledge,
and strategies for expanding the provision and increasing the
quality of financial education instruction;
(b) Review on an ongoing basis financial education curriculum that is available to school districts, including instructional materials and programs and schoolwide programs that
include the important financial skills and content knowledge;
(c) Develop evaluation standards and a procedure for
endorsing financial education curriculum that the partnership
determines should be recommended for use in school districts;
(d) Identify assessments and outcome measures that
schools and communities may use to determine whether students have met the financial education standards adopted
under RCW 28A.300.462;
(e) Monitor and provide guidance for professional development for educators regarding financial education, including ways that teachers at different grade levels may integrate
financial skills and content knowledge into mathematics,
social studies, and other course content areas;
(f) Work with the office of the superintendent of public
instruction and the professional educator standards board to
create professional development that could lead to a certificate endorsement or other certification of competency in
financial education;
28A.300.460
[Title 28A RCW—page 120]
(g) Develop academic guidelines and standards-based
protocols for use by classroom volunteers who participate in
delivering financial education to students in the public
schools; and
(h) Provide an annual report beginning December 1,
2009, as provided in RCW 28A.300.464, to the governor, the
superintendent of public instruction, and the committees of
the legislature with oversight over K-12 education and higher
education. [2009 c 443 § 2; 2007 c 459 § 2; 2004 c 247 § 5.]
Effective date—2007 c 459: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2007]." [2007 c 459 § 5.]
F ind ing s— Inte nt— 2 004 c 24 7: See n ot e fol l ow i ng RC W
28A.300.450.
28A.300.462 Financial education public-private
partnership—Financial education learning standards—
Technical assistance and grants for demonstration
projects—Report. (1) Subject to funds appropriated specifically for this purpose, the office of the superintendent of
public instruction and the financial education public-private
partnership shall provide technical assistance and grants to
support demonstration projects for district-wide adoption and
implementation of the financial education learning standards
under this section.
(2) School districts may apply on a competitive basis to
participate as a demonstration project. The office and the
partnership shall select up to four school districts as demonstration projects, with two districts located in eastern Washington and two districts located in western Washington, if
possible.
(3) Selected districts must:
(a) Adopt the jumpstart coalition national standards in K12 personal finance education as the essential academic
learning requirements for financial education and provide
students with an opportunity to master the standards;
(b) Make a commitment to integrate financial education
into instruction at all grade levels and in all schools in the district;
(c) Establish local partnerships within the community to
promote financial education in the schools; and
(d) Conduct pre and posttesting of students’ financial literacy.
(4) The office of the superintendent of public instruction,
with the advice of the financial education public-private partnership, shall provide assistance to the demonstration
projects regarding curriculum, professional development,
and innovative instructional programs to implement the
financial education standards.
(5) The selected districts must report findings and results
of the demonstration project to the office of the superintendent of public instruction and appropriate committees of the
legislature by April 30, 2011. [2009 c 443 § 3.]
28A.300.462
28A.300.464 Financial education public-private
partnership—Contents of report. The annual report from
the financial education public-private partnership, provided
funds are available, shall include:
(1) Results from the jumpstart survey of personal financial literacy;
28A.300.464
(2010 Ed.)
Superintendent of Public Instruction
(2) Progress toward statewide adoption of financial education standards by school districts;
(3) Professional development activities related to equipping teachers with the knowledge and skills to teach financial
education;
(4) Activities related to financial education curriculum
development; and
(5) Any recommendations for policies or other activities
to support financial education instruction in public schools.
[2009 c 443 § 4.]
28A.300.465 Financial education public-private
partnership account. The Washington financial education
public-private partnership account is hereby created in the
custody of the state treasurer. The purpose of the account is
to support the financial education public-private partnership,
and to provide financial education opportunities for students
and financial education professional development opportunities for the teachers providing those educational opportunities. Revenues to the account may include gifts from the private sector, federal funds, and any appropriations made by
the legislature or other sources. Grants and their administration shall be paid from the account. Only the superintendent
of public instruction or the superintendent’s designee may
authorize expenditures from the account, and only at the
direction of the partnership. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [2009 c 443 § 5; 2004
c 247 § 6.]
28A.300.465
F ind ing s— Inte nt— 20 04 c 24 7: See n ot e fol l ow i ng RC W
28A.300.450.
28A.300.475 Medically accurate sexual health education—Curricula—Participation excused—Parental
review. (1) By September 1, 2008, every public school that
offers sexual health education must assure that sexual health
education is medically and scientifically accurate, age-appropriate, appropriate for students regardless of gender, race,
disability status, or sexual orientation, and includes information about abstinence and other methods of preventing unintended pregnancy and sexually transmitted diseases. All sexual health information, instruction, and materials must be
medically and scientifically accurate. Abstinence may not be
taught to the exclusion of other materials and instruction on
contraceptives and disease prevention. A school may choose
to use separate, outside speakers or prepared curriculum to
teach different content areas or units within the comprehensive sexual health program as long as all speakers, curriculum, and materials used are in compliance with this section.
Sexual health education must be consistent with the January
2005 guidelines for sexual health information and disease
prevention developed by the department of health and the
office of the superintendent of public instruction.
(2) As used in chapter 265, Laws of 2007, "medically
and scientifically accurate" means information that is verified
or supported by research in compliance with scientific methods, is published in peer-review journals, where appropriate,
and is recognized as accurate and objective by professional
organizations and agencies with expertise in the field of sexual health including but not limited to the American college
of obstetricians and gynecologists, the Washington state
28A.300.475
(2010 Ed.)
28A.300.475
department of health, and the federal centers for disease control and prevention.
(3) The superintendent of public instruction and the
department of health shall make the January 2005 guidelines
for sexual health information and disease prevention available to school districts, teachers, and guest speakers on their
web sites. Within available resources, the superintendent of
public instruction and the department of health shall make
any related information, model policies, curricula, or other
resources available as well.
(4) The superintendent of public instruction, in consultation with the department of health, shall develop a list of sexual health education curricula that are consistent with the
2005 guidelines for sexual health information and disease
prevention. This list shall be intended to serve as a resource
for schools, teachers, or any other organization or community
group, and shall be updated no less frequently than annually
and made available on the web sites of the office of the superintendent of public instruction and the department of health.
(5) Public schools that offer sexual health education are
encouraged to review their sexual health curricula and choose
a curriculum from the list developed under subsection (4) of
this section. Any public school that offers sexual health education may identify, choose, or develop any other curriculum,
if the curriculum chosen or developed complies with the
requirements of this section.
(6) Any parent or legal guardian who wishes to have his
or her child excused from any planned instruction in sexual
health education may do so upon filing a written request with
the school district board of directors or its designee, or the
principal of the school his or her child attends, or the principal’s designee. In addition, any parent or legal guardian may
review the sexual health education curriculum offered in his
or her child’s school by filing a written request with the
school district board of directors, the principal of the school
his or her child attends, or the principal’s designee.
(7) The office of the superintendent of public instruction
shall, through its Washington state school health profiles survey or other existing reporting mechanism, ask public
schools to identify any curricula used to provide sexual
health education, and shall report the results of this inquiry to
the legislature on a biennial basis, beginning with the
2008-09 school year.
(8) The requirement to report harassment, intimidation,
or bullying under RCW 28A.600.480(2) applies to this section. [2007 c 265 § 2.]
Finding—Intent—2007 c 265: "(1) The legislature finds that young
people should have the knowledge and skills necessary to build healthy relationships, and to protect themselves from unintended pregnancy and sexually
transmitted diseases, including HIV infection. The primary responsibility
for sexual health education is with parents and guardians. However, this
responsibility also extends to schools and other community groups. It is in
the public’s best interest to ensure that young people are equipped with medically and scientifically accurate, age-appropriate information that will help
them avoid unintended pregnancies, remain free of sexually transmitted diseases, and make informed, responsible decisions throughout their lives.
(2) The legislature intends to support and advance the standards established in the January 2005 guidelines for sexual health information and disease prevention developed by the office of the superintendent of public
instruction and the department of health. These guidelines are a fundamental
tool to help school districts, teachers, guest speakers, health and counseling
providers, community groups, parents, and guardians choose, develop, and
evaluate sexual health curricula to better meet the health and safety needs of
adolescents and young adults in their communities." [2007 c 265 § 1.]
[Title 28A RCW—page 121]
28A.300.480
Title 28A RCW: Common School Provisions
Short title—2007 c 265: "This act may be known and cited as the
healthy youth act." [2007 c 265 § 3.]
28A.300.480 Civic education travel grant program.
(1) The civic education travel grant program is created to provide travel grants to students participating in statewide,
regional, national, or international civic education competitions or events.
(2) The superintendent of public instruction shall allocate grants under the program established in this section from
private donations or with amounts appropriated for this specific purpose. The grants shall be awarded on a competitive
basis.
(3) The superintendent of public instruction may contract with independent review panelists and establish an advisory panel to evaluate and make recommendations to the
superintendent of public instruction based on grant applications.
(4) The superintendent of public instruction shall select
grant recipients from student applicants that meet all of the
following criteria:
(a) Students must be residents of the state of Washington;
(b) Students must use the grants to fund travel to civic
education-based competitions or events;
(c) Students must be participants in the civic education
competition or event; and
(d) Students must be under the age of twenty-one and not
yet have received their high school diploma.
(5) Students are encouraged to seek matching funds,
in-kind contributions, or other sources of support to supplement their travel expenses.
(6) Applicants must include in the grant application the
following:
(a) A brief description of the civic education competition
or event;
(b) A brief description of what the applicant expects to
learn from the competition or event;
(c) The total travel costs and how much the applicant is
requesting from the program; and
(d) The total amount of matching funds the applicant has
already secured or expects to secure.
(7) The superintendent of public instruction may adopt
other criteria as appropriate for the review of grant proposals.
In reviewing student applications for funding, scoring shall
be based on an evaluation of all application materials that
may be requested of applicants. The superintendent of public
instruction shall consider the overall breadth and variety of
the field of applicants to determine the projects that would
best fulfill the program’s goal. Final grant awards may be for
the full amount of the grant request or for a portion of the
grant request.
(8) The office of the superintendent of public instruction
may accept gifts, grants, or endowments from public or private sources for the program and may spend any gifts, grants,
or endowments or income from public or private sources
according to their terms. [2007 c 291 § 3.]
28A.300.480
Finding—Effective date—2007 c 291: See notes following RCW
28A.300.801.
[Title 28A RCW—page 122]
28A.300.490 Task force on gangs in schools—
Reports. (1) A task force on gangs in schools is created to
examine current adult and youth gang activities that are
affecting school safety. The task force shall work under the
guidance of the superintendent of public instruction school
safety center, the school safety center advisory committee,
and the Washington association of sheriffs and police chiefs.
(2) The task force shall be comprised of representatives,
selected by the superintendent of public instruction, who possess expertise relevant to gang activity in schools. The task
force shall outline methods for preventing new gangs, eliminating existing gangs, gathering intelligence, and sharing
information about gang activities.
(3) Beginning December 1, 2007, the task force shall
annually report its findings and recommendations to the education committees of the legislature. [2007 c 406 § 2.]
28A.300.490
28A.300.500 Longitudinal student data system. (1)
The office of the superintendent of public instruction is
authorized to establish a longitudinal student data system for
and on behalf of school districts in the state. The primary
purpose of the data system is to better aid research into programs and interventions that are most effective in improving
student performance, better understand the state’s public educator workforce, and provide information on areas within the
educational system that need improvement.
(2) The confidentiality of personally identifiable student
data shall be safeguarded consistent with the requirements of
the federal family educational rights privacy act and applicable state laws. Consistent with the provisions of these federal
and state laws, data may be disclosed for educational purposes and studies, including but not limited to:
(a) Educational studies authorized or mandated by the
state legislature;
(b) Studies initiated by other state educational authorities
and authorized by the office of the superintendent of public
instruction, including analysis conducted by the education
data center established under RCW 43.41.400; and
(c) Studies initiated by other public or private agencies
and organizations and authorized by the office of the superintendent of public instruction.
(3) Any agency or organization that is authorized by the
office of the superintendent of public instruction to access
student-level data shall adhere to all federal and state laws
protecting student data and safeguarding the confidentiality
and privacy of student records.
(4) Nothing in this section precludes the office of the
superintendent of public instruction from collecting and distributing aggregate data about students or student-level data
without personally identifiable information. [2007 c 401 §
2.]
28A.300.500
Findings—2007 c 401: "The legislature finds that:
(1) Reliable data on student progress, characteristics of students and
schools, and teacher qualifications and mobility is critical for accountability
to the state and to the public;
(2) Educational data should be made available as widely as possible
while appropriately protecting the privacy of individuals as provided by law;
(3) Having a single, comprehensive, and technically compatible student and school-level data system will streamline data collection for school
districts, reduce inefficiencies caused by the lack of connectivity, and minimize or eliminate multiple data entry; and
(4) Schools and districts should be supported in their management of
educational data and should have access to user-friendly programs and
(2010 Ed.)
Superintendent of Public Instruction
reports that can be readily used by classroom teachers and building principals to improve instruction." [2007 c 401 § 1.]
28A.300.505 School data systems—Standards—
Reporting format. (1) The office of the superintendent of
public instruction shall develop standards for school data systems that focus on validation and verification of data entered
into the systems to ensure accuracy and compatibility of data.
The standards shall address but are not limited to the following topics:
(a) Date validation;
(b) Code validation, which includes gender, race or ethnicity, and other code elements;
(c) Decimal and integer validation; and
(d) Required field validation as defined by state and federal requirements.
(2) The superintendent of public instruction shall
develop a reporting format and instructions for school districts to collect and submit data on student demographics that
is disaggregated by distinct ethnic categories within racial
subgroups so that analyses may be conducted on student
achievement using the disaggregated data. [2007 c 401 § 5.]
28A.300.505
Findings—2007 c 401: See note following RCW 28A.300.500.
28A.300.507 K-12 data governance group—Duties—
Reports. (1) A K-12 data governance group shall be established within the office of the superintendent of public
instruction to assist in the design and implementation of a K12 education data improvement system for financial, student,
and educator data. It is the intent that the data system reporting specifically serve requirements for teachers, parents,
superintendents, school boards, the office of the superintendent of public instruction, the legislature, and the public.
(2) The K-12 data governance group shall include representatives of the education data center, the office of the
superintendent of public instruction, the legislative evaluation and accountability program committee, the professional
educator standards board, the state board of education, and
school district staff, including information technology staff.
Additional entities with expertise in education data may be
included in the K-12 data governance group.
(3) The K-12 data governance group shall:
(a) Identify the critical research and policy questions that
need to be addressed by the K-12 education data improvement system;
(b) Identify reports and other information that should be
made available on the internet in addition to the reports identified in subsection (5) of this section;
(c) Create a comprehensive needs requirement document
detailing the specific information and technical capacity
needed by school districts and the state to meet the legislature’s expectations for a comprehensive K-12 education data
improvement system as described under RCW 28A.655.210;
(d) Conduct a gap analysis of current and planned information compared to the needs requirement document, including an analysis of the strengths and limitations of an education data system and programs currently used by school districts and the state, and specifically the gap analysis must
look at the extent to which the existing data can be transformed into canonical form and where existing software can
be used to meet the needs requirement document;
28A.300.507
(2010 Ed.)
28A.300.507
(e) Focus on financial and cost data necessary to support
the new K-12 financial models and funding formulas, including any necessary changes to school district budgeting and
accounting, and on assuring the capacity to link data across
financial, student, and educator systems; and
(f) Define the operating rules and governance structure
for K-12 data collections, ensuring that data systems are flexible and able to adapt to evolving needs for information,
within an objective and orderly data governance process for
determining when changes are needed and how to implement
them. Strong consideration must be made to the current practice and cost of migration to new requirements. The operating rules should delineate the coordination, delegation, and
escalation authority for data collection issues, business rules,
and performance goals for each K-12 data collection system,
including:
(i) Defining and maintaining standards for privacy and
confidentiality;
(ii) Setting data collection priorities;
(iii) Defining and updating a standard data dictionary;
(iv) Ensuring data compliance with the data dictionary;
(v) Ensuring data accuracy; and
(vi) Establishing minimum standards for school, student,
financial, and teacher data systems. Data elements may be
specified "to the extent feasible" or "to the extent available"
to collect more and better data sets from districts with more
flexible software. Nothing in RCW 43.41.400, this section,
or RCW 28A.655.210 should be construed to require that a
data dictionary or reporting should be hobbled to the lowest
common set. The work of the K-12 data governance group
must specify which data are desirable. Districts that can meet
these requirements shall report the desirable data. Funding
from the legislature must establish which subset data are
absolutely required.
(4)(a) The K-12 data governance group shall provide
updates on its work as requested by the education data center
and the legislative evaluation and accountability program
committee.
(b) The work of the K-12 data governance group shall be
periodically reviewed and monitored by the educational data
center and the legislative evaluation and accountability program committee.
(5) To the extent data is available, the office of the superintendent of public instruction shall make the following minimum reports available on the internet. The reports must
either be run on demand against current data, or, if a static
report, must have been run against the most recent data:
(a) The percentage of data compliance and data accuracy
by school district;
(b) The magnitude of spending per student, by student
estimated by the following algorithm and reported as the
detailed summation of the following components:
(i) An approximate, prorated fraction of each teacher or
human resource element that directly serves the student.
Each human resource element must be listed or accessible
through online tunneling in the report;
(ii) An approximate, prorated fraction of classroom or
building costs used by the student;
(iii) An approximate, prorated fraction of transportation
costs used by the student; and
[Title 28A RCW—page 123]
28A.300.510
Title 28A RCW: Common School Provisions
(iv) An approximate, prorated fraction of all other
resources within the district. District-wide components
should be disaggregated to the extent that it is sensible and
economical;
(c) The cost of K-12 basic education, per student, by student, by school district, estimated by the algorithm in (b) of
this subsection, and reported in the same manner as required
in (b) of this subsection;
(d) The cost of K-12 special education services per student, by student receiving those services, by school district,
estimated by the algorithm in (b) of this subsection, and
reported in the same manner as required in (b) of this subsection;
(e) Improvement on the statewide assessments computed
as both a percentage change and absolute change on a scale
score metric by district, by school, and by teacher that can
also be filtered by a student’s length of full-time enrollment
within the school district;
(f) Number of K-12 students per classroom teacher on a
per teacher basis;
(g) Number of K-12 classroom teachers per student on a
per student basis;
(h) Percentage of a classroom teacher per student on a
per student basis; and
(i) The cost of K-12 education per student by school district sorted by federal, state, and local dollars.
(6) The superintendent of public instruction shall submit
a preliminary report to the legislature by November 15, 2009,
including the analyses by the K-12 data governance group
under subsection (3) of this section and preliminary options
for addressing identified gaps. A final report, including a
proposed phase-in plan and preliminary cost estimates for
implementation of a comprehensive data improvement system for financial, student, and educator data shall be submitted to the legislature by September 1, 2010.
(7) All reports and data referenced in this section and
RCW 43.41.400 and 28A.655.210 shall be made available in
a manner consistent with the technical requirements of the
legislative evaluation and accountability program committee
and the education data center so that selected data can be provided to the legislature, governor, school districts, and the
public.
(8) Reports shall contain data to the extent it is available.
All reports must include documentation of which data are not
available or are estimated. Reports must not be suppressed
because of poor data accuracy or completeness. Reports may
be accompanied with documentation to inform the reader of
why some data are missing or inaccurate or estimated. [2009
c 548 § 203.]
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.300.510 After-school mathematics support program—Reports. (1) The after-school mathematics support
program is created to study the effects of intentional, skilled
mathematics support included as part of an existing afterschool activity program.
(2) The office of the superintendent of public instruction
shall provide grants to selected community-based, nonprofit
28A.300.510
[Title 28A RCW—page 124]
organizations that provide after-school programs and include
support for students to learn mathematics.
(3) Grant applicants must demonstrate the capacity to
provide assistance in mathematics learning in the following
ways:
(a) Identifying the mathematics content and instructional
skill of the staff or volunteers assisting students;
(b) Identifying proposed learning strategies to be used,
which could include computer-based instructional and skill
practice programs and tutoring by adults or other students;
(c) Articulating the plan for connection with school
mathematics teachers to coordinate student assistance; and
(d) Articulating the plan for assessing student and program success.
(4) Priority will be given to applicants that propose programs to serve middle school and junior high school students.
(5) The office of the superintendent of public instruction
shall evaluate program outcomes and report to the governor
and the education committees of the legislature on the outcomes of the grants and make recommendations related to
program continuation, program modification, and issues
related to program sustainability and possible program
expansion. An interim report is due November 1, 2008. The
final report is due December 1, 2009. [2007 c 396 § 3.]
Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28A.300.515 Statewide director for math, science,
and technology—Duties—Reporting. The superintendent
of public instruction shall provide support for statewide coordination for math, science, and technology, including
employing a statewide director for math, science, and technology. The duties of the director shall include, but not be
limited to:
(1) Within funds specifically appropriated therefor,
obtain a statewide license, or otherwise obtain and disseminate, an interactive, project-based high school and middle
school technology curriculum that includes a comprehensive
professional development component for teachers and, if
possible, counselors, and also includes a systematic program
evaluation. The curriculum must be distributed to all school
districts, or as many as feasible, by the 2007-08 school year;
(2) Within funds specifically appropriated therefor, supporting a public-private partnership to assist school districts
with implementing an ongoing, inquiry-based science program that is based on a research-based model of systemic
reform and aligned with the Washington state science grade
level expectations;
(3) Within funds specifically appropriated therefor, supporting a public-private partnership to provide enriching
opportunities in mathematics, engineering, and science for
underrepresented students in grades kindergarten through
twelve using exemplary materials and instructional
approaches;
(4) In an effort to increase precollege and prework interest in math, science, and technology fields, in collaboration
with the community and technical colleges, the four-year
institutions of higher education, and the workforce training
and education coordinating board, conducting outreach
efforts to attract middle and high school students to careers in
28A.300.515
(2010 Ed.)
Superintendent of Public Instruction
math, science, and technology and to educate students about
the coursework that is necessary to be adequately prepared to
succeed in these fields;
(5) Coordinating youth opportunities in math, science,
and technology, including facilitating student participation in
school clubs, state-level fairs, national competitions, and
encouraging partnerships between students and university
faculty or industry to facilitate such student participation;
(6) Developing and maintaining public-private partnerships to generate business and industry assistance to accomplish the following:
(a) Increasing student engagement and career awareness,
including increasing student participation in the youth opportunities in subsection (5) of this section;
(b) Creation and promotion of student scholarships,
internships, and apprenticeships;
(c) Provision of relevant teacher experience and training,
including on-the-job professional development opportunities;
(d) Upgrading kindergarten through twelfth grade school
equipment and facilities to support high quality math, science, and technology programs;
(7) Assembling a cadre of inspiring speakers employed
or experienced in the relevant fields to speak to kindergarten
through twelfth grade students to demonstrate the breadth of
the opportunities in the relevant fields as well as share the
types of coursework that is [are] necessary for someone to be
successful in the relevant field;
(8) Providing technical assistance to schools and school
districts, including working with counselors in support of the
math, science, and technology programs; and
(9) Reporting annually to the legislature about the
actions taken to provide statewide coordination for math, science, and technology. [2007 c 396 § 15.]
Finding—Intent—2007 c 396: "The legislature finds that knowledge,
skills, and opportunities in mathematics, science, and technology should be
increased for all students in Washington. The legislature intends to foster
capacity between and among the educational sectors to enable continuous
and sustainable growth of the learning and teaching of mathematics, science,
and technologies. The legislature intends to foster high quality mathematics,
science, and technology programs to increase the number of students in the
kindergarten through twelfth grade pipeline who are prepared and aspire to
continue in the areas of mathematics, science, and technology, whether it be
at a college, university, or in the workforce." [2007 c 396 § 12.]
Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W
28A.305.215.
28A.300.520
28A.300.520 Policies to support children of incarcerated parents. (1) The superintendent of public instruction
shall review current policies and assess the adequacy and
availability of programs targeted at children who have a parent who is incarcerated in a department of corrections facility. The superintendent of public instruction shall adopt policies that support the children of incarcerated parents and
meet their needs with the goal of facilitating normal child
development, including maintaining adequate academic
progress, while reducing intergenerational incarceration.
(2) To the extent funds are available, the superintendent
shall conduct the following activities to assist in implementing the requirements of subsection (1) of this section:
(2010 Ed.)
28A.300.530
(a) Gather information and data on the students who are
the children of inmates incarcerated in department of corrections facilities; and
(b) Participate in the children of incarcerated parents
advisory committee and report information obtained under
this section to the advisory committee. [2009 c 578 § 9; 2007
c 384 § 5.]
Intent—Finding—2007 c 384: See note following RCW 72.09.495.
28A.300.525 Students in children’s administration
out-of-home care—Report on educational experiences.
(Expires July 1, 2011.) (1) The superintendent of public
instruction shall provide an annual aggregate report to the
legislature on the educational experiences and progress of
students in children’s administration out-of-home care. This
data should be disaggregated in the smallest units allowable
by law that do not identify an individual student, in order to
learn which school districts are experiencing the greatest success and challenges in achieving quality educational outcomes with students in children’s administration out-ofhome care.
(2) This section is suspended until July 1, 2011. [2009 c
556 § 11; 2008 c 297 § 2.]
28A.300.525
Expiration date—2009 c 556 §§ 11, 13, and 15: "Sections 11, 13, and
15 of this act expire July 1, 2011." [2009 c 556 § 21.]
28A.300.525 Students in children’s administration
out-of-home care—Report on educational experiences.
(Effective July 1, 2011.) The superintendent of public
instruction shall provide an annual aggregate report to the
legislature on the educational experiences and progress of
students in children’s administration out-of-home care. This
data should be disaggregated in the smallest units allowable
by law that do not identify an individual student, in order to
learn which school districts are experiencing the greatest success and challenges in achieving quality educational outcomes with students in children’s administration out-ofhome care. [2008 c 297 § 2.]
28A.300.525
28A.300.530 Individuals with dyslexia—Identification and instruction—Handbook—Reports. (1) Within
available resources, the office of the superintendent of public
instruction, in consultation with the school districts that participated in the Lorraine Wojahn dyslexia pilot program, and
with an international nonprofit organization dedicated to supporting efforts to provide appropriate identification of and
instruction for individuals with dyslexia, shall:
(a) Develop an educator training program to enhance the
reading, writing, and spelling skills of students with dyslexia.
The training program must provide research-based, multisensory literacy intervention professional development in the
areas of dyslexia and intervention implementation. The program shall be posted on the web site of the office of the superintendent of public instruction. The training program may be
regionally delivered through the educational service districts.
The educational service districts may seek assistance from
the international nonprofit organization to deliver the training; and
(b) Develop a dyslexia handbook to be used as a reference for teachers and parents of students with dyslexia. The
28A.300.530
[Title 28A RCW—page 125]
28A.300.540
Title 28A RCW: Common School Provisions
handbook shall be modeled after other state dyslexia handbooks, and shall include guidelines for school districts to follow as they identify and provide services for students with
dyslexia. Additionally, the handbook shall provide school
districts, and parents and guardians with information regarding the state’s relevant statutes and their relation to federal
special education laws. The handbook shall be posted on the
web site of the office of the superintendent of public instruction.
(2) Beginning September 1, 2009, and annually thereafter, each educational service district shall report to the office
of the superintendent of public instruction the number of
individuals who participate in the training developed and
offered by the educational service district. The office of the
superintendent of public instruction shall report that information to the legislative education committees. [2009 c 546 §
2.]
Finding—Intent—2009 c 546: "Dyslexia is a language-based learning
disability that affects individuals throughout their lives. Washington state
has a long-standing tradition of working to serve its students with dyslexia.
Since 2005, the legislature has provided funding for five pilot projects to
implement research-based, multisensory literacy intervention for students
with dyslexia. Participating schools were required to have a three-tiered
reading structure in place, provide professional development training to
teachers, assess students, and collect and maintain data on student progress.
The legislature finds that the students receiving intervention support
through the dyslexia pilot projects have made substantial and steady academic gains. The legislature intends to sustain this work and expand the
implementation to a level of statewide support for students with dyslexia by
developing and providing information and training, including a handbook to
continue to improve the skills of our students with dyslexia." [2009 c 546 §
1.]
28A.300.540
28A.300.540 Uniform process to track expenditures
for transporting homeless students—Rules—Information
to agency council on coordinated transportation. By
December 31, 2010, the office of the superintendent of public
instruction shall establish a uniform process designed to track
the additional expenditures for transporting homeless students, including expenditures required under the McKinney
Vento act, reauthorized as Title X, Part C, of the no child left
behind act, P.L. 107-110, in January 2002. Once established,
the superintendent shall adopt the necessary administrative
rules to direct each school district to adopt and use the uniform process and track these expenditures. The superintendent shall provide information annually to the agency council
on coordinated transportation, created in chapter 47.06B
RCW, on total expenditures related to the transportation of
homeless students. [2009 c 515 § 12.]
28A.300.800
28A.300.800 Education of school-age children in
short-term foster care—Working group—Recommendations to legislature. (1) Within existing resources, the
department of social and health services, in cooperation with
the office of the superintendent of public instruction, shall
convene a working group to prepare a plan for the legislature
which addresses educational stability and continuity for
school-age children who enter into short-term foster care.
The working group shall be comprised of representatives
from:
(a) The children’s administration of the department of
social and health services;
[Title 28A RCW—page 126]
(b) The special education, transportation, and apportionment divisions of the office of the superintendent of public
instruction;
(c) The Washington state institute for public policy;
(d) School districts;
(e) Organizations that regularly advocate for foster children;
(f) Foster parents; and
(g) Other individuals with related expertise as deemed
appropriate by the working group.
(2)(a) The working group shall develop a plan for assuring that the best interests of the child are a primary consideration in the school placement of a child in short-term foster
care. The plan must:
(i) Determine the current status of school placement for
children placed in short-term foster care;
(ii) Identify options and possible funding sources from
existing resources which could be made available to assure
that children placed in short-term foster care are able to
remain in the school where they were enrolled prior to placement;
(iii) Submit recommendations to the legislature by
November 1, 2002, to assure the best interest of the child
receives primary consideration in school placement decisions.
(b) The plan shall be developed within existing
resources. [2002 c 326 § 1.]
Effective date—2002 c 326: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 2, 2002]." [2002 c 326 § 3.]
28A.300.801 Legislative youth advisory council. (1)
The legislative youth advisory council is established to examine issues of importance to youth, including but not limited to
education, employment, strategies to increase youth participation in state and municipal government, safe environments
for youth, substance abuse, emotional and physical health,
foster care, poverty, homelessness, and youth access to services on a statewide and municipal basis.
(2) The council consists of twenty-two members as provided in this subsection who, at the time of appointment, are
aged fourteen to eighteen. The council shall select a chair
from among its members.
(3) Except for initial members, members shall serve twoyear terms, and if eligible, may be reappointed for subsequent
two-year terms. One-half of the initial members shall be
appointed to one-year terms, and these appointments shall be
made in such a way as to preserve overall representation on
the committee.
(4)(a) By July 2, 2007, and annually thereafter, students
may apply to be considered for participation in the program
by completing an online application form and submitting the
application to the legislative youth advisory council. The
council may develop selection criteria and an application
review process. The council shall recommend candidates
whose names will be submitted to the office of the lieutenant
governor for final selection. Beginning May 7, 2009, the
office of the lieutenant governor shall notify all applicants of
the final selections using existing staff and resources.
28A.300.801
(2010 Ed.)
State Board of Education
(b) Within existing staff and resources, the office of the
lieutenant governor shall make the application available on
the lieutenant governor’s web site.
(5) If the council has sufficient funds from any source,
then the council shall have the following duties:
(a) Advising the legislature on proposed and pending
legislation, including state budget expenditures and policy
matters relating to youth;
(b) Advising the standing committees of the legislature
and study commissions, committees, and task forces regarding issues relating to youth;
(c) Conducting periodic seminars for its members
regarding leadership, government, and the legislature;
(d) Accepting and soliciting for grants and donations
from public and private sources to support the activities of the
council; and
(e) Reporting annually by December 1st to the legislature on its activities, including proposed legislation that
implements recommendations of the council.
(6) If the council has sufficient funds from any source,
then in carrying out its duties under this section, the council
may meet at least three times but not more than six times per
year. The council shall consider conducting at least some of
the meetings via the K-20 telecommunications network. The
council is encouraged to invite local state legislators to participate in the meetings. The council is encouraged to poll
other students in order to get a broad perspective on the various issues. The council is encouraged to use technology to
conduct the polling, including the council’s web site, if the
council has a web site.
(7) If the council has sufficient funds from any source,
then members shall be reimbursed as provided in RCW
43.03.050 and 43.03.060.
(8) If sufficient funds are available from any source,
beginning with May 7, 2009, the office of superintendent of
public instruction shall provide administration, coordination,
and facilitation assistance to the council. The senate and
house of representatives may provide policy and fiscal briefings and assistance with drafting proposed legislation. The
senate and the house of representatives shall each develop
internal policies relating to staff assistance provided to the
council. Such policies may include applicable internal personnel and practices guidelines, resource use and expense
reimbursement guidelines, and applicable ethics mandates.
Provision of funds, resources, and staff, as well as the assignment and direction of staff, remains at all times within the
sole discretion of the chamber making the provision.
(9) The office of the lieutenant governor, the office of the
superintendent of public instruction, the legislature, any
agency of the legislature, and any official or employee of
such office or agency are immune from liability for any
injury that is incurred by or caused by a member of the youth
advisory council and that occurs while the member of the
council is performing duties of the council or is otherwise
engaged in activities or receiving services for which reimbursement is allowed under subsection (7) of this section.
The immunity provided by this subsection does not apply to
an injury intentionally caused by the act or omission of an
employee or official of the superintendent of public instruction or the legislature or any agency of the legislature. [2009
c 410 § 1; 2007 c 291 § 2; 2005 c 355 § 1.]
(2010 Ed.)
28A.305.011
Effective date—2009 c 410: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2009]." [2009 c 410 § 2.]
Finding—2007 c 291: "The legislature finds that the legislative youth
advisory council provides a unique opportunity for middle and high school
students to be actively involved in government. Councilmembers not only
learn about, but exercise, the core values and democratic principles of our
state and nation, along with the rights and responsibilities of citizenship and
democratic civic involvement. As such, they are engaged in authentic practice of the essential academic learning requirements in civics. In the short
time since its creation, the legislative youth advisory council has studied,
debated, and begun to formulate positions and recommendations on such
important topics as education reform, school finance, public school learning
environments, health and fitness education, and standardized testing. The
legislature continues to stress the importance of civics education and support
the type of civic involvement by students exemplified by the legislative
youth advisory council." [2007 c 291 § 1.]
Effective date—2007 c 291: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 2, 2007]." [2007 c 291 § 4.]
Chapter 28A.305
Chapter 28A.305 RCW
STATE BOARD OF EDUCATION
Sections
28A.305.011
28A.305.021
28A.305.035
28A.305.130
28A.305.140
28A.305.141
28A.305.190
28A.305.215
28A.305.219
28A.305.900
28A.305.901
28A.305.902
Board membership—Terms—Compensation.
Election of board members—Restrictions.
Joint report to the legislature.
Powers and duties—Purpose.
Waiver from provisions of RCW 28A.150.200 through
28A.150.220 authorized.
Waiver from one hundred eighty-day school year requirement—Criteria—Recommendation to the legislature.
Eligibility to take GED test.
Essential academic learning requirements and grade level
expectations—Revised standards and curricula for mathematics and science—Duties of the state board of education
and the superintendent of public instruction—Revised
graduation requirements.
Mathematics advisory panel—Science advisory panel.
Transfer of powers and duties—State board of education.
Transfer of powers and duties—Academic achievement and
accountability commission.
Transfer of duties—Review and recommendation—2006 c
263.
Assistance of certificated or classified employee—Reimbursement for substitute: RCW 28A.300.035.
Corporal punishment prohibited—Adoption of policy: RCW 28A.150.300.
Reimbursement for substitute if employee serves state board or superintendent: RCW 28A.300.035.
Statewide student assessment system—Redesign—Reports to the legislature:
RCW 28A.300.041.
28A.305.011 Board membership—Terms—Compensation. (1) The membership of the state board of education
shall be composed of sixteen members who are residents of
the state of Washington:
(a) Seven shall be members representing the educational
system, as follows:
(i) Five members elected by school district directors.
Three of the members elected by school district directors
shall be residents of western Washington and two members
shall be residents of eastern Washington;
(ii) One member elected at-large by the members of the
boards of directors of all private schools in the state meeting
the requirements of RCW 28A.195.010; and
(iii) The superintendent of public instruction;
(b) Seven members appointed by the governor; and
28A.305.011
[Title 28A RCW—page 127]
28A.305.021
Title 28A RCW: Common School Provisions
(c) Two students selected in a manner determined by the
state board of education.
(2) Initial appointments shall be for terms from one to
four years in length, with the terms expiring on the second
Monday of January of the applicable year. As the terms of
the first appointees expire or vacancies on the board occur,
the governor shall appoint or reappoint members of the board
to complete the initial terms or to four-year terms, as appropriate.
(a) Appointees of the governor must be individuals who
have demonstrated interest in public schools and are supportive of educational improvement, have a positive record of
service, and who will devote sufficient time to the responsibilities of the board.
(b) In appointing board members, the governor shall
consider the diversity of the population of the state.
(c) All appointments to the board made by the governor
are subject to confirmation by the senate.
(d) No person may serve as a member of the board,
except the superintendent of public instruction, for more than
two consecutive full four-year terms.
(3) The governor may remove an appointed member of
the board for neglect of duty, misconduct, malfeasance, or
misfeasance in office, or for incompetent or unprofessional
conduct as defined in chapter 18.130 RCW. In such a case,
the governor shall file with the secretary of state a statement
of the causes for and the order of removal from office, and the
secretary of state shall send a certified copy of the statement
of causes and order of removal to the last known post office
address of the member.
(4)(a) The chair of the board shall be elected by a majority vote of the members of the board. The chair of the board
shall serve a term of two years, and may be reelected to an
additional term. A member of the board may not serve as
chair for more than two consecutive terms.
(b) Eight voting members of the board constitute a quorum for the transaction of business.
(c) All members except the student members are voting
members.
(5) Members of the board appointed by the governor
who are not public employees shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for
travel expenses incurred in carrying out the duties of the
board in accordance with RCW 43.03.050 and 43.03.060.
[2006 c 263 § 105; 2005 c 497 § 101.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Intent—2005 c 497: "The legislature intends to reconstitute the state
board of education and to refocus its purpose; to abolish the academic
achievement and accountability commission; to assign policy and rule-making authority for educator preparation and certification to the professional
educator standards board and to clearly define its purpose; and to align the
missions of the state board of education and the professional educator standards board to create a collaborative and effective governance system that
can accelerate progress towards achieving the goals in RCW 28A.150.210."
[2005 c 497 § 1.]
Part headings not law—2005 c 497: "Part headings used in this act are
not any part of the law." [2005 c 497 § 408.]
Effective date—2005 c 497 §§ 101, 103, 105, 106, 201 through 220,
301, 401, and 403: "Sections 101, 103, 105, 106, 201 through 220, 301, 401,
and 403 through 405 of this act take effect January 1, 2006." [2005 c 497 §
409.]
[Title 28A RCW—page 128]
28A.305.021 Election of board members—Restrictions. The election of state board of education members by
school directors and private school board members shall be
conducted by the office of the superintendent of public
instruction for the members of the state board who begin
serving on January 1, 2006, and thereafter.
(1) The superintendent shall adopt rules for the conduct
of elections, which shall include, but need not be limited to:
The definition of the eastern Washington and western Washington geographic regions of the state for the purpose of
determining board member positions; the weighting of votes
cast by the number of students in the school director’s school
district or board member’s private school; election and dispute resolution procedures; the process for filling vacancies;
and election timelines. The election timeline shall include
calling for elections no later than the twenty-fifth of August,
and notification of the election results no later than the fifteenth of December.
(2) State board member positions one and two shall be
filled by residents of the eastern Washington region and positions three, four, and five shall be filled by residents of the
western Washington region.
(3) A school director shall be eligible to vote only for a
candidate for each position in the geographic region within
which the school director resides.
(4) Initial terms of the individuals elected by the school
directors shall be for terms of two to four years in length as
follows: Two members, one from eastern Washington and
one from western Washington, shall be elected to two-year
terms; two members, one from eastern Washington and one
from western Washington, shall be elected to four-year
terms; and one member from western Washington shall be
elected to a three-year term. The term of the private school
member shall be two years. All terms shall expire on the second Monday of January of the applicable year.
(5) No person employed in any public or private school,
college, university, or other educational institution or any
educational service district superintendent’s office or in the
office of the superintendent of public instruction is eligible
for membership on the state board of education. No member
of a board of directors of a local school district or private
school may continue to serve in that capacity after having
been elected to the state board. [2005 c 497 § 102.]
28A.305.021
Effective date—2005 c 497 § 102: "Section 102 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes
effect immediately [May 16, 2005]." [2005 c 497 § 411.]
Intent—Part headings not law—2005 c 497: See notes following
RCW 28A.305.011.
28A.305.035 Joint report to the legislature. (1) By
October 15th of each even-numbered year, the state board of
education and the professional educator standards board shall
submit a joint report to the legislative education committees,
the governor, and the superintendent of public instruction.
The report shall address the progress the boards have made
and the obstacles they have encountered, individually and
collectively, in the work of achieving the goals in RCW
28A.150.210.
(2) The state board of education shall include the chairs
and ranking minority members of the legislative education
28A.305.035
(2010 Ed.)
State Board of Education
committees in board communications so that the legislature
can be kept apprised of the discussions and proposed actions
of the board. [2006 c 263 § 103; 2005 c 497 § 103.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
28A.305.130 Powers and duties—Purpose. The purpose of the state board of education is to provide advocacy
and strategic oversight of public education; implement a standards-based accountability framework that creates a unified
system of increasing levels of support for schools in order to
improve student academic achievement; provide leadership
in the creation of a system that personalizes education for
each student and respects diverse cultures, abilities, and
learning styles; and promote achievement of the goals of
RCW 28A.150.210. In addition to any other powers and
duties as provided by law, the state board of education shall:
(1) Hold regularly scheduled meetings at such time and
place within the state as the board shall determine and may
hold such special meetings as may be deemed necessary for
the transaction of public business;
(2) Form committees as necessary to effectively and efficiently conduct the work of the board;
(3) Seek advice from the public and interested parties
regarding the work of the board;
(4) For purposes of statewide accountability:
(a) Adopt and revise performance improvement goals in
reading, writing, science, and mathematics, by subject and
grade level, once assessments in these subjects are required
statewide; academic and technical skills, as appropriate, in
secondary career and technical education programs; and student attendance, as the board deems appropriate to improve
student learning. The goals shall be consistent with student
privacy protection provisions of RCW 28A.655.090(7) and
shall not conflict with requirements contained in Title I of the
federal elementary and secondary education act of 1965, or
the requirements of the Carl D. Perkins vocational education
act of 1998, each as amended. The goals may be established
for all students, economically disadvantaged students, limited English proficient students, students with disabilities,
and students from disproportionately academically underachieving racial and ethnic backgrounds. The board may
establish school and school district goals addressing high
school graduation rates and dropout reduction goals for students in grades seven through twelve. The board shall adopt
the goals by rule. However, before each goal is implemented,
the board shall present the goal to the education committees
of the house of representatives and the senate for the committees’ review and comment in a time frame that will permit the
legislature to take statutory action on the goal if such action is
deemed warranted by the legislature;
(b) Identify the scores students must achieve in order to
meet the standard on the Washington assessment of student
learning and, for high school students, to obtain a certificate
of academic achievement. The board shall also determine
student scores that identify levels of student performance
below and beyond the standard. The board shall consider the
incorporation of the standard error of measurement into the
decision regarding the award of the certificates. The board
28A.305.130
(2010 Ed.)
28A.305.130
shall set such performance standards and levels in consultation with the superintendent of public instruction and after
consideration of any recommendations that may be developed by any advisory committees that may be established for
this purpose. The initial performance standards and any
changes recommended by the board in the performance standards for the tenth grade assessment shall be presented to the
education committees of the house of representatives and the
senate by November 30th of the school year in which the
changes will take place to permit the legislature to take statutory action before the changes are implemented if such action
is deemed warranted by the legislature. The legislature shall
be advised of the initial performance standards and any
changes made to the elementary level performance standards
and the middle school level performance standards;
(c) Annually review the assessment reporting system to
ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any
improvements needed to the system; and
(d) Include in the biennial report required under RCW
28A.305.035, information on the progress that has been made
in achieving goals adopted by the board;
(5) Accredit, subject to such accreditation standards and
procedures as may be established by the state board of education, all private schools that apply for accreditation, and
approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the
grades kindergarten through twelve: PROVIDED, That no
private school may be approved that operates a kindergarten
program only: PROVIDED FURTHER, That no private
schools shall be placed upon the list of accredited schools so
long as secret societies are knowingly allowed to exist among
its students by school officials;
(6) Articulate with the institutions of higher education,
workforce representatives, and early learning policymakers
and providers to coordinate and unify the work of the public
school system;
(7) Hire an executive director and an administrative
assistant to reside in the office of the superintendent of public
instruction for administrative purposes. Any other personnel
of the board shall be appointed as provided by RCW
28A.300.020. The board may delegate to the executive director by resolution such duties as deemed necessary to efficiently carry on the business of the board including, but not
limited to, the authority to employ necessary personnel and
the authority to enter into, amend, and terminate contracts on
behalf of the board. The executive director, administrative
assistant, and all but one of the other personnel of the board
are exempt from civil service, together with other staff as
now or hereafter designated as exempt in accordance with
chapter 41.06 RCW; and
(8) Adopt a seal that shall be kept in the office of the
superintendent of public instruction. [2009 c 548 § 502; 2008
c 27 § 1; 2006 c 263 § 102; 2005 c 497 § 104; 2002 c 205 §
3; 1997 c 13 § 5; 1996 c 83 § 1; 1995 c 369 § 9; 1991 c 116 §
11; 1990 c 33 § 266. Prior: 1987 c 464 § 1; 1987 c 39 § 1;
prior: 1986 c 266 § 86; 1986 c 149 § 3; 1984 c 40 § 2; 1979
ex.s. c 173 § 1; 1975-’76 2nd ex.s. c 92 § 1; 1975 1st ex.s. c
275 § 50; 1974 ex.s. c 92 § 1; 1971 ex.s. c 215 § 1; 1971 c 48
[Title 28A RCW—page 129]
28A.305.140
Title 28A RCW: Common School Provisions
§ 2; 1969 ex.s. c 223 § 28A.04.120; prior: 1963 c 32 § 1;
1961 c 47 § 1; prior: (i) 1933 c 80 § 1; 1915 c 161 § 1; 1909
c 97 p 236 § 5; 1907 c 240 § 3; 1903 c 104 § 12; 1897 c 118
§ 27; 1895 c 150 § 1; 1890 p 352 § 8; Code 1881 § 3165; RRS
§ 4529. (ii) 1919 c 89 § 3; RRS § 4684. (iii) 1909 c 97 p 238
§ 6; 1897 c 118 § 29; RRS § 4530. Formerly RCW
28A.04.120, 28.04.120, 28.58.280, 28.58.281, 28.58.282,
43.63.140.]
Intent—Finding—2009 c 548: "(1)(a) The legislature intends to
develop a system in which the state and school districts share accountability
for achieving state educational standards and supporting continuous school
improvement. The legislature recognizes that comprehensive education
finance reform and the increased investment of public resources necessary to
implement that reform must be accompanied by a new mechanism for clearly
defining the relationships and expectations for the state, school districts, and
schools. It is the legislature’s intent that this be accomplished through the
development of a proactive, collaborative accountability system that focuses
on a school improvement system that engages and serves the local school
board, parents, students, staff in the schools and districts, and the community. The improvement system shall be based on progressive levels of support, with a goal of continuous improvement in student achievement and
alignment with the federal system of accountability.
(b) The legislature further recognizes that it is the state’s responsibility
to provide schools and districts with the tools and resources necessary to
improve student achievement. These tools include the necessary accounting
and data reporting systems, assessment systems to monitor student achievement, and a system of general support, targeted assistance, recognition, and,
if necessary, state intervention.
(2) The legislature has already charged the state board of education to
develop criteria to identify schools and districts that are successful, in need
of assistance, and those where students persistently fail, as well as to identify
a range of intervention strategies and a performance incentive system. The
legislature finds that the state board of education should build on the work
that the board has already begun in these areas. As development of these formulas, processes, and systems progresses, the legislature should monitor the
progress." [2009 c 548 § 501.]
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Effective date—2005 c 497 §§ 104, 302, 402, and 406 through 408:
"Sections 104, 302, 402, and 406 through 408 of this act are necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and take effect July
1, 2005." [2005 c 497 § 410.]
Intent—Part headings not law—2005 c 497: See notes following
RCW 28A.305.011.
Findings—Severability—Effective dates—2002 c 205 §§ 2, 3, and 4:
See notes following RCW 28A.320.125.
Child abuse and neglect—Development of primary prevention program:
RCW 28A.300.160.
Districts to develop programs and establish programs regarding child abuse
and neglect prevention: RCW 28A.225.200.
Professional certification not required of superintendents or deputy or assistant superintendents: RCW 28A.410.120.
Use of force on children—Policy—Actions presumed unreasonable: RCW
9A.16.100.
Additional notes found at www.leg.wa.gov
28A.305.140 Waiver from provisions of RCW
28A.150.200 through 28A.150.220 authorized. The state
board of education may grant waivers to school districts from
the provisions of RCW 28A.150.200 through 28A.150.220
on the basis that such waiver or waivers are necessary to
implement successfully a local plan to provide for all students in the district an effective education system that is
designed to enhance the educational program for each stu28A.305.140
[Title 28A RCW—page 130]
dent. The local plan may include alternative ways to provide
effective educational programs for students who experience
difficulty with the regular education program.
The state board shall adopt criteria to evaluate the need
for the waiver or waivers. [1990 c 33 § 267; (1992 c 141 §
302 expired September 1, 2000); 1985 c 349 § 6. Formerly
RCW 28A.04.127.]
Additional notes found at www.leg.wa.gov
28A.305.141 Waiver from one hundred eighty-day
school year requirement—Criteria—Recommendation to
the legislature. (Expires August 31, 2014.) (1) In addition
to waivers authorized under RCW 28A.305.140 and
28A.655.180, the state board of education may grant waivers
from the requirement for a one hundred eighty-day school
year under RCW 28A.150.220 and *28A.150.250 to school
districts that propose to operate one or more schools on a
flexible calendar for purposes of economy and efficiency as
provided in this section. The requirement under RCW
28A.150.220 that school districts offer an annual average
instructional hour offering of at least one thousand hours
shall not be waived.
(2) A school district seeking a waiver under this section
must submit an application that includes:
(a) A proposed calendar for the school day and school
year that demonstrates how the instructional hour requirement will be maintained;
(b) An explanation and estimate of the economies and
efficiencies to be gained from compressing the instructional
hours into fewer than one hundred eighty days;
(c) An explanation of how monetary savings from the
proposal will be redirected to support student learning;
(d) A summary of comments received at one or more
public hearings on the proposal and how concerns will be
addressed;
(e) An explanation of the impact on students who rely
upon free and reduced-price school child nutrition services
and the impact on the ability of the child nutrition program to
operate an economically independent program;
(f) An explanation of the impact on the ability to recruit
and retain employees in education support positions;
(g) An explanation of the impact on students whose parents work during the missed school day; and
(h) Other information that the state board of education
may request to assure that the proposed flexible calendar will
not adversely affect student learning.
(3) The state board of education shall adopt criteria to
evaluate waiver requests. No more than five districts may be
granted waivers. Waivers may be granted for up to three
years. After each school year, the state board of education
shall analyze empirical evidence to determine whether the
reduction is affecting student learning. If the state board of
education determines that student learning is adversely
affected, the school district shall discontinue the flexible calendar as soon as possible but not later than the beginning of
the next school year after the determination has been made.
All waivers expire August 31, 2014.
(a) Two of the five waivers granted under this subsection
shall be granted to school districts with student populations
of less than one hundred fifty students.
28A.305.141
(2010 Ed.)
State Board of Education
(b) Three of the five waivers granted under this subsection shall be granted to school districts with student populations of between one hundred fifty-one and five hundred students.
(4) The state board of education shall examine the waivers granted under this section and make a recommendation to
the education committees of the legislature by December 15,
2013, regarding whether the waiver program should be continued, modified, or allowed to terminate. This recommendation should focus on whether the program resulted in
improved student learning as demonstrated by empirical evidence. Such evidence includes, but is not limited to:
Improved scores on the Washington assessment of student
learning, results of the dynamic indicators of basic early literacy skills, student grades, and attendance.
(5) This section expires August 31, 2014. [2009 c 543 §
2.]
*Reviser’s note: The reference to a one hundred eighty-day school year
in RCW 28A.150.250 was deleted by 2009 c 548 § 105.
Finding—2009 c 543: "The legislature continues to support school districts seeking innovations to further the educational experiences of students
and staff while also realizing increased efficiencies in day-to-day operations.
School districts have suggested that efficiencies in heating, lighting, or maintenance expenses could be possible if districts were given the ability to create
a more flexible calendar. Furthermore, the legislature finds that a flexible
calendar could be beneficial to student learning by allowing for the use of the
unscheduled days for professional development activities, planning, tutoring, special programs, parent conferences, and athletic events. A flexible
calendar also has the potential to ease the burden of long commutes on students in rural areas and to lower absenteeism.
School districts in several western states have operated on a four-day
school week and report increased efficiencies, family support, and reduced
absenteeism, with no negative impact on student learning. Small rural
school districts in particular could benefit due to their high per-pupil costs
for transportation and utilities. Therefore, the legislature intends to provide
increased flexibility to a limited number of school districts to explore the
potential value of operating on a flexible calendar, so long as adequate safeguards are put in place to prevent any negative impact on student learning."
[2009 c 543 § 1.]
28A.305.190
28A.305.190 Eligibility to take GED test. The state
board of education shall adopt rules governing the eligibility
of a child sixteen years of age and under nineteen years of age
to take the GED test if the child provides a substantial and
warranted reason for leaving the regular high school education program, if the child was home-schooled, or if the child
is an eligible student enrolled in a dropout reengagement program under RCW 28A.175.100 through 28A.175.110. [2010
c 20 § 6; 1993 c 218 § 1; 1991 c 116 § 5; 1973 c 51 § 2. Formerly RCW 28A.04.135.]
Intent—2010 c 20: See note following RCW 28A.175.100.
Waiver of fees or residency requirements at community colleges for students
completing a high school education: RCW 28B.15.520.
Additional notes found at www.leg.wa.gov
28A.305.215
28A.305.215 Essential academic learning requirements and grade level expectations—Revised standards
and curricula for mathematics and science—Duties of the
state board of education and the superintendent of public
instruction—Revised graduation requirements. (1) The
activities in this section revise and strengthen the state learnin g s ta n d a r d s th a t im p l e m e n t t he * g o a ls o f RC W
28A.150.210, known as the essential academic learning
(2010 Ed.)
28A.305.215
requirements, and improve alignment of school district curriculum to the standards.
(2) The state board of education shall be assisted in its
work under subsections (3), (4), and (5) of this section by: (a)
An expert national consultant in each of mathematics and science retained by the state board; and (b) the mathematics and
science advisory panels created under RCW 28A.305.219, as
appropriate, which shall provide review and formal comment
on proposed recommendations to the superintendent of public instruction and the state board of education on new revised
standards and curricula.
(3) By September 30, 2007, the state board of education
shall recommend to the superintendent of public instruction
revised essential academic learning requirements and grade
level expectations in mathematics. The recommendations
shall be based on:
(a) Considerations of clarity, rigor, content, depth,
coherence from grade to grade, specificity, accessibility, and
measurability;
(b) Study of:
(i) Standards used in countries whose students demonstrate high performance on the trends in international mathematics and science study and the programme for international
student assessment;
(ii) College readiness standards;
(iii) The national council of teachers of mathematics
focal points and the national assessment of educational
progress content frameworks; and
(iv) Standards used by three to five other states, including California, and the nation of Singapore; and
(c) Consideration of information presented during public
comment periods.
(4)(a) By February 29, 2008, the superintendent of public instruction shall revise the essential academic learning
requirements and the grade level expectations for mathematics and present the revised standards to the state board of education and the education committees of the senate and the
house of representatives as required by RCW
28A.655.070(4).
(b) The state board of education shall direct an expert
national consultant in mathematics to:
(i) Analyze the February 2008 version of the revised
standards, including a comparison to exemplar standards previously reviewed under this section;
(ii) Recommend specific language and content changes
needed to finalize the revised standards; and
(iii) Present findings and recommendations in a draft
report to the state board of education.
(c) By May 15, 2008, the state board of education shall
review the consultant’s draft report, consult the mathematics
advisory panel, hold a public hearing to receive comment,
and direct any subsequent modifications to the consultant’s
report. After the modifications are made, the state board of
education shall forward the final report and recommendations
to the superintendent of public instruction for implementation.
(d) By July 1, 2008, the superintendent of public instruction shall revise the mathematics standards to conform precisely to and incorporate each of the recommendations of the
state board of education under (c) of this subsection and submit the revisions to the state board of education.
[Title 28A RCW—page 131]
28A.305.215
Title 28A RCW: Common School Provisions
(e) By July 31, 2008, the state board of education shall
either approve adoption by the superintendent of public
instruction of the final revised standards as the essential academic learning requirements and grade level expectations for
mathematics, or develop a plan for ensuring that the recommendations under (c) of this subsection are implemented so
that final revised mathematics standards can be adopted by
September 25, 2008.
(5) By June 30, 2008, the state board of education shall
recommend to the superintendent of public instruction
revised essential academic learning requirements and grade
level expectations in science. The recommendations shall be
based on:
(a) Considerations of clarity, rigor, content, depth,
coherence from grade to grade, specificity, accessibility, and
measurability;
(b) Study of standards used by three to five other states
and in countries whose students demonstrate high performance on the trends in international mathematics and science
study and the programme for international student assessment; and
(c) Consideration of information presented during public
comment periods.
(6) By December 1, 2008, the superintendent of public
instruction shall revise the essential academic learning
requirements and the grade level expectations for science and
present the revised standards to the state board of education
and the education committees of the senate and the house of
representatives as required by RCW 28A.655.070(4). The
superintendent shall adopt the revised essential academic
learning requirements and grade level expectations unless
otherwise directed by the legislature during the 2009 legislative session.
(7)(a) Within six months after the standards under subsection (4) of this section are adopted, the superintendent of
public instruction shall present to the state board of education
recommendations for no more than three basic mathematics
curricula each for elementary, middle, and high school grade
spans.
(b) Within two months after the presentation of the recommended curricula, the state board of education shall provide official comment and recommendations to the superintendent of public instruction regarding the recommended
mathematics curricula. The superintendent of public instruction shall make any changes based on the comment and recommendations from the state board of education and adopt
the recommended curricula.
(c) By June 30, 2009, the superintendent of public
instruction shall present to the state board of education recommendations for no more than three basic science curricula
each for elementary and middle school grade spans and not
more than three recommendations for each of the major high
school courses within the following science domains: Earth
and space science, physical science, and life science.
(d) Within two months after the presentation of the recommended curricula, the state board of education shall provide official comment and recommendations to the superintendent of public instruction regarding the recommended science curricula. The superintendent of public instruction shall
make any changes based on the comment and recommenda[Title 28A RCW—page 132]
tions from the state board of education and adopt the recommended curricula.
(e) In selecting the recommended curricula under this
subsection (7), the superintendent of public instruction shall
provide information to the mathematics and science advisory
panels created under RCW 28A.305.219, as appropriate, and
seek the advice of the appropriate panel regarding the curricula that shall be included in the recommendations.
(f) The recommended curricula under this subsection (7)
shall align with the revised essential academic learning
requirements and grade level expectations. In addition to the
recommended basic curricula, appropriate diagnostic and
supplemental materials shall be identified as necessary to
support each curricula.
(g) Subject to funds appropriated for this purpose and
availability of the curricula, at least one of the curricula in
each grade span and in each of mathematics and science shall
be available to schools and parents online at no cost to the
school or parent.
(8) By December 1, 2007, the state board of education
shall revise the high school graduation requirements under
RCW 28A.230.090 to include a minimum of three credits of
mathematics, one of which may be a career and technical
course equivalent in mathematics, and prescribe the mathematics content in the three required credits.
(9) Nothing in this section requires a school district to
use one of the recommended curricula under subsection (7) of
this section. However, the statewide accountability plan
adopted by the state board of education under RCW
28A.305.130 shall recommend conditions under which
school districts should be required to use one of the recommended curricula. The plan shall also describe the conditions
for exception to the curriculum requirement, such as the use
of integrated academic and career and technical education
curriculum. Required use of the recommended curricula as
an intervention strategy must be authorized by the legislature
as required by **RCW 28A.305.130(4)(e) before implementation.
(10) The superintendent of public instruction shall conduct a comprehensive survey of the mathematics curricula
being used by school districts at all grade levels and the textbook and curriculum purchasing cycle of the districts and
report the results of the survey to the education committees of
the legislature by November 15, 2008. [2009 c 310 § 5.
Prior: 2008 c 274 § 2; 2008 c 172 § 2; 2007 c 396 § 1.]
Reviser’s note: *(1) Reference to "goals" was deleted by 2009 c 548 §
101.
**(2) RCW 28A.305.130 was amended by 2009 c 548 § 502, deleting
subsection (4)(e).
Effective date—2009 c 310 § 5: "Section 5 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [April 30, 2009]." [2009 c 310 § 6.]
Intent—2008 c 172: "The legislature intends that the revised mathematics standards by the office of the superintendent of public instruction will
set higher expectations for Washington’s students by fortifying content and
increasing rigor; provide greater clarity, specificity, and measurability about
what is expected of students in each grade; supply more explicit guidance to
educators about what to teach and when; enhance the relevance of mathematics to students’ lives; and ultimately result in more Washington students having the opportunity to be successful in mathematics. Additionally, the
revised mathematics standards should restructure the standards to make clear
the importance of all aspects of mathematics: Mathematics content includ(2010 Ed.)
State Board of Education
ing the standard algorithms, conceptual understanding of the content, and the
application of mathematical processes within the content." [2008 c 172 § 1.]
Effective date—2008 c 172: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2008]." [2008 c 172 § 3.]
Effective date—2007 c 396 §§ 1 and 2: "Sections 1 and 2 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [May 9, 2007]." [2007 c 396 § 22.]
Captions not law—2007 c 396: "Captions used in this act are not any
part of the law." [2007 c 396 § 19.]
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28A.305.219 Mathematics advisory panel—Science
advisory panel. (Expires June 30, 2012.) (1) The state
board of education shall appoint a mathematics advisory
panel and a science advisory panel to advise the board regarding essential academic learning requirements, grade level
expectations, and recommended curricula in mathematics
and science and to monitor implementation of these activities. In conducting their work, the panels shall provide objective reviews of materials and information provided by any
expert national consultants retained by the board and shall
provide a public and transparent forum for consideration of
mathematics and science learning standards and curricula.
(2) Each panel shall include no more than sixteen members with representation from individuals from academia in
mathematics and science-related fields, individuals from
business and industry in mathematics and science-related
fields, mathematics and science educators, parents, and other
individuals who could contribute to the work of the panel
based on their experiences.
(3) Each member of each panel shall be compensated in
accordance with RCW 43.03.220 and reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
School districts shall be reimbursed for the cost of substitutes
for the mathematics and science educators on the panels as
required under RCW 28A.300.035. Members of the panels
who are employed by a public institution of higher education
shall be provided sufficient time away from their regular
duties, without loss of benefits or privileges, to fulfill the
responsibilities of being a panel member.
(4) Panel members shall not have conflicts of interest
with regard to association with any publisher, distributor, or
provider of curriculum, assessment, or test materials and services purchased by or contracted through the office of the
superintendent of public instruction, educational service districts, or school districts.
(5) This section expires June 30, 2012. [2007 c 396 § 2.]
28A.305.219
Effective date—2007 c 396 §§ 1 and 2: See note following RCW
28A.305.215.
Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28A.305.900 Transfer of powers and duties—State
board of education. (1) The state board of education as constituted prior to January 1, 2006, is hereby abolished and its
powers, duties, and functions are hereby transferred to the
state board of education as specified in chapter 497, Laws of
2005. All references to the director or the state board of edu28A.305.900
(2010 Ed.)
28A.305.900
cation as constituted prior to January 1, 2006, in the Revised
Code of Washington shall be construed to mean the director
or the state board of education as specified in chapter 497,
Laws of 2005.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the state
board of education as constituted prior to January 1, 2006,
shall be delivered to the custody of the state board of education as specified in chapter 497, Laws of 2005. All cabinets,
furniture, office equipment, motor vehicles, and other tangible property employed by the state board of education as constituted prior to January 1, 2006, shall be made available to
the state board of education as specified in chapter 497, Laws
of 2005. All funds, credits, or other assets held by the state
board of education as constituted prior to January 1, 2006,
shall be assigned to the state board of education as specified
in chapter 497, Laws of 2005.
(b) Any appropriations made to the state board of education as constituted prior to January 1, 2006, shall, on January
1, 2006, be transferred and credited to the state board of education as specified in chapter 497, Laws of 2005.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise
of the powers and the performance of the duties and functions
transferred, the director of financial management shall make
a determination as to the proper allocation and certify the
same to the state agencies concerned.
(3) All employees of the state board of education as constituted prior to January 1, 2006, are transferred to the jurisdiction of the state board of education as specified in chapter
497, Laws of 2005. All employees classified under chapter
41.06 RCW, the state civil service law, are assigned to the
state board of education as specified in chapter 497, Laws of
2005 to perform their usual duties upon the same terms as
formerly, without any loss of rights, subject to any action that
may be appropriate thereafter in accordance with the laws
and rules governing state civil service.
(4) All rules and all pending business before the state
board of education as constituted prior to January 1, 2006,
shall be continued and acted upon by the state board of education as specified in chapter 497, Laws of 2005. All existing
contracts and obligations shall remain in full force and shall
be performed by the state board of education as specified in
chapter 497, Laws of 2005.
(5) The transfer of the powers, duties, functions, and personnel of the state board of education as constituted prior to
January 1, 2006, shall not affect the validity of any act performed before January 1, 2006.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification.
(7) Nothing contained in this section may be construed to
alter any existing collective bargaining unit or the provisions
of any existing collective bargaining agreement until the
agreement has expired or until the bargaining unit has been
[Title 28A RCW—page 133]
28A.305.901
Title 28A RCW: Common School Provisions
modified by action of the personnel resources board as provided by law. [2005 c 497 § 301.]
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
28A.305.901 Transfer of powers and duties—Academic achievement and accountability commission. (1)
The academic achievement and accountability commission is
hereby abolished and its powers, duties, and functions are
hereby transferred to the state board of education. All references to the director or the academic achievement and
accountability commission in the Revised Code of Washington shall be construed to mean the director or the state board
of education.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the academic achievement and accountability commission shall be
delivered to the custody of the state board of education. All
cabinets, furniture, office equipment, motor vehicles, and
other tangible property employed by the academic achievement and accountability commission shall be made available
to the state board of education. All funds, credits, or other
assets held by the academic achievement and accountability
commission shall be assigned to the state board of education.
(b) Any appropriations made to the academic achievement and accountability commission shall, on July 1, 2005,
be transferred and credited to the state board of education.
(c) If any question arises as to the transfer of any funds,
books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred,
the director of financial management shall make a determination as to the proper allocation and certify the same to the
state agencies concerned.
(3) All rules and all pending business before the academic achievement and accountability commission shall be
continued and acted upon by the state board of education. All
existing contracts and obligations shall remain in full force
and shall be performed by the state board of education.
(4) The transfer of the powers, duties, and functions of
the academic achievement and accountability commission
shall not affect the validity of any act performed before July
1, 2005.
(5) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification.
(6) Nothing contained in this section may be construed to
alter any existing collective bargaining unit or the provisions
of any existing collective bargaining agreement until the
agreement has expired or until the bargaining unit has been
modified by action of the personnel resources board as provided by law. [2005 c 497 § 302.]
28A.305.901
Effective date—2005 c 497 §§ 104, 302, 402, and 406-408: See note
following RCW 28A.305.130.
28A.305.902 Transfer of duties—Review and recommendation—2006 c 263. The legislature encourages the
28A.305.902
[Title 28A RCW—page 134]
members of the new state board of education to review the
transfer of duties from the state board to other entities made
in chapter 263, Laws of 2006 and if any of the duties that
were transferred away from the state board are necessary for
the board to accomplish the purpose set out in chapter 263,
Laws of 2006 then the state board shall come back to the legislature to request those necessary duties to be returned to the
state board of education. The state board of education is
encouraged to make such a request by January 15, 2007.
[2006 c 263 § 101.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Chapter 28A.310
Chapter 28A.310 RCW
EDUCATIONAL SERVICE DISTRICTS
Sections
28A.310.010 Purpose.
28A.310.020 Changes in number of, boundaries—Initiating, hearings, considerations—Superintendent’s duties.
28A.310.030 ESD board—Membership—Board member district boundaries.
28A.310.040 ESD board—Members—Terms.
28A.310.050 ESD board—Members—Nine member boards.
28A.310.060 ESD board—Members—Terms—Vacancies.
28A.310.070 ESD board—Members—Restriction on other service.
28A.310.080 ESD board—Members—Elections, calling and notice.
28A.310.090 ESD board—Members—Elections—Declarations of candidacy.
28A.310.100 ESD board—Members—Elections—Certification.
28A.310.110 ESD board—Members—Elections, contest of.
28A.310.120 ESD board—Return to seven member board.
28A.310.130 ESD board—Vacation of board member position because of
failure to attend meetings.
28A.310.140 School district to be entirely within single educational service district.
28A.310.150 ESD board—Members—Qualifications, oath, bond—Organization—Quorum.
28A.310.160 ESD board—Reimbursement of members for expenses.
28A.310.170 ESD superintendent—Appointment, procedure—Term, salary, discharge—ESD superintendent review committee.
28A.310.180 ESD board—Compliance with rules and regulations—
Depository and distribution center—Cooperative service
programs, joint purchasing programs, and direct student
service programs including pupil transportation.
28A.310.190 ESD board—Teachers’ institutes, directors’ meetings—
Cooperation with state supervisor—Certification of data.
28A.310.200 ESD board—Powers and duties—Rules.
28A.310.202 ESD board—Partnership with regional support network to
operate a wraparound model site.
28A.310.210 ESD board—Payment of member expenses—Payment of
dues into statewide association of board members, restrictions.
28A.310.220 ESD board—Delegation of powers and duties to superintendent.
28A.310.230 Assistant superintendents and other personnel—Appointment, salaries, duties.
28A.310.240 Employee leave policy required.
28A.310.250 Certificated employees of district—Contracts of employment—Nonrenewal of contracts—Notice.
28A.310.260 Certificated employees of district—Adverse change in contract status—Notice—Probable cause—Review—Appeal.
28A.310.270 ESD superintendent’s powers and duties—Chief executive
officer.
28A.310.280 ESD superintendent’s powers and duties—Records and
reports.
28A.310.290 ESD superintendent’s powers and duties—Oaths and affirmations.
28A.310.300 ESD superintendent’s powers and duties—Generally.
28A.310.310 Headquarters office—Official records—Transfers of
records.
28A.310.320 ESD superintendents, employees—Travel expenses and subsistence—Advance payment.
28A.310.330 Budgeting procedures for districts.
28A.310.340 Identification of core services for budget purposes—Generally.
(2010 Ed.)
Educational Service Districts
28A.310.350 Identification of core services for budget purposes—Specific
services listed.
28A.310.360 Identification of core services for budget purposes—Formula
utilized for ESD’s biennial budget request.
28A.310.370 District budget—State funds, allocation of—District general
expense fund—Created, deposits, expenditures.
28A.310.390 District budget request—Procedure for approval.
28A.310.400 Legal services.
28A.310.410 Ex officio treasurer of district.
28A.310.420 County or intermediate district superintendent and board
employees to terminate or transfer employment—Benefits
retained.
28A.310.430 Local school district superintendents to advise board and
superintendent.
28A.310.440 ESD as self-insurer—Authority.
28A.310.460 Contracts to lease building space and portable buildings and
lease or have maintained security systems, computers and
other equipment.
28A.310.470 Delegation to ESD of SPI program, project or service—Contract.
28A.310.480 Delegation to ESD of state board of education program,
project or service—Contract.
28A.310.490 ESD employee attendance incentive program—Remuneration or benefit plan for unused sick leave.
Chapter not to apply to certain materials printed in educational service district: RCW 82.04.600.
Interlocal cooperation act: Chapter 39.34 RCW.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
Regional educational technology support centers—Advisory councils: See
RCW 28A.650.020.
28A.310.010 Purpose. It shall be the intent and purpose
of this chapter to establish educational service districts as
regional agencies which are intended to:
(1) Provide cooperative and informational services to
local school districts;
(2) Assist the superintendent of public instruction and
the state board of education in the performance of their
respective statutory or constitutional duties; and
(3) Provide services to school districts and to the Washington state center for childhood deafness and hearing loss
and the school for the blind to assure equal educational
opportunities. [2009 c 381 § 25; 1988 c 65 § 1; 1977 ex.s. c
283 § 1; 1975 1st ex.s. c 275 § 1; 1971 ex.s. c 282 § 1; 1969
ex.s. c 176 § 1. Formerly RCW 28A.21.010, 28.19.500.]
28A.310.010
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Additional notes found at www.leg.wa.gov
28A.310.020 Changes in number of, boundaries—
Initiating, hearings, considerations—Superintendent’s
duties. The state board of education upon its own initiative,
or upon petition of any educational service district board, or
upon petition of at least half of the district superintendents
within an educational service district, or upon request of the
superintendent of public instruction, may make changes in
the number and boundaries of the educational service districts, including an equitable adjustment and transfer of any
and all property, assets, and liabilities among the educational
service districts whose boundaries and duties and responsibilities are increased and/ or decreased by such changes, consistent with the purposes of RCW 28A.310.010: PROVIDED,
That no reduction in the number of educational service districts will take effect after June 30, 1995, without a majority
approval vote by the affected school directors voting in such
election by mail ballot. Prior to making any such changes, the
28A.310.020
(2010 Ed.)
28A.310.030
state board shall hold at least one public hearing on such proposed action and shall consider any recommendations on
such proposed action.
The state board in making any change in boundaries
shall give consideration to, but not be limited by, the following factors: Size, population, topography, and climate of the
proposed district.
The superintendent of public instruction shall furnish
personnel, material, supplies, and information necessary to
enable educational service district boards and superintendents to consider the proposed changes. [1994 sp.s. c 6 §
513; 1993 sp.s. c 24 § 522; 1990 c 33 § 270; 1977 ex.s. c 283
§ 2; 1971 ex.s. c 282 § 2; 1969 ex.s. c 176 § 2. Formerly
RCW 28A.21.020, 28.19.505.]
Additional notes found at www.leg.wa.gov
28A.310.030
28A.310.030 ESD board—Membership—Board
member district boundaries. Except as otherwise provided
in this chapter, in each educational service district there shall
be an educational service district board consisting of seven
members elected by the school directors of the educational
service district, one from each of seven educational service
district board-member districts. Board-member districts in
districts reorganized under RCW 28A.310.020, or as provided for in RCW 28A.310.120 and under this section, shall
be initially determined by the state board of education. If a
reorganization pursuant to RCW 28A.310.020 places the residence of a board member into another or newly created educational service district, such member shall serve on the
board of the educational service district of residence and at
the next election called by the superintendent of public
instruction pursuant to RCW 28A.310.080 a new seven member board shall be elected. If the redrawing of board-member
district boundaries pursuant to this chapter shall cause the
resident board-member district of two or more board members to coincide, such board members shall continue to serve
on the board and at the next election called by the superintendent of public instruction a new board shall be elected. The
board-member districts shall be arranged so far as practicable
on a basis of equal population, with consideration being
given existing board members of existing educational service
district boards. Each educational service district board member shall be elected by the school directors of each school district within the educational service district. Beginning in
1971 and every ten years thereafter, educational service district boards shall review and, if necessary, shall change the
boundaries of board-member districts so as to provide so far
as practicable equal representation according to population of
such board-member districts and to conform to school district
boundary changes: PROVIDED, That all board-member district boundaries, to the extent necessary to conform with this
chapter, shall be immediately redrawn for the purposes of the
next election called by the superintendent of public instruction following any reorganization pursuant to this chapter.
Such district board, if failing to make the necessary changes
prior to June 1st of the appropriate year, shall refer for settlement questions on board-member district boundaries to the
office of the superintendent of public instruction, which, after
a public hearing, shall decide such questions. [2006 c 263 §
603; 1990 c 33 § 271; 1977 ex.s. c 283 § 14; 1975 1st ex.s. c
[Title 28A RCW—page 135]
28A.310.040
Title 28A RCW: Common School Provisions
275 § 3; 1974 ex.s. c 75 § 1; 1971 ex.s. c 282 § 3; 1969 ex.s.
c 176 § 3. Formerly RCW 28A.21.030, 28.19.510.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
City, town, and district general elections—Exceptions—Special elections:
RCW 29A.04.330.
school district or as a member of a board of directors of a
common school district or as a member of the state board of
education and as a member of an educational service district
board at the same time. [1975 1st ex.s. c 275 § 8; 1974 ex.s.
c 75 § 7. Formerly RCW 28A.21.0306.]
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
28A.310.080 ESD board—Members—Elections,
calling and notice. Not later than the twenty-fifth day of
August of every odd-numbered year, the superintendent of
public instruction shall call an election to be held in each educational service district within which resides a member of the
board of the educational service district whose term of office
expires on the second Monday of January next following, and
shall give written notice thereof to each member of the board
of directors of each school district in such educational service
district. Such notice shall include instructions and rules
established by the superintendent of public instruction for the
conduct of the election. [2007 c 460 § 1; 2006 c 263 § 602;
1977 ex.s. c 283 § 15. Formerly RCW 28A.21.031.]
28A.310.080
28A.310.040 ESD board—Members—Terms. The
term of office for each board member shall be four years and
until a successor is duly elected and qualified. For the first
election or an election following reorganization, board-member district positions numbered one, three, five, and seven in
each educational service district shall be for a term of four
years and positions numbered two, four, and six shall be for a
term of two years. [1975 1st ex.s. c 275 § 5; 1974 ex.s. c 75
§ 4. Formerly RCW 28A.21.0303.]
28A.310.040
Additional notes found at www.leg.wa.gov
28A.310.050 ESD board—Members—Nine member
boards. Any educational service district board may elect by
resolution of the board to increase the board member size to
nine board members. In such case positions number eight
and nine shall be filled at the next election called by the
superintendent of public instruction, position numbered eight
to be for a term of two years, position numbered nine to be for
a term of four years. Thereafter the terms for such positions
shall be for four years. [2006 c 263 § 604; 1977 ex.s. c 283 §
19; 1975 1st ex.s. c 275 § 6; 1974 ex.s. c 75 § 5. Formerly
RCW 28A.21.0304.]
28A.310.050
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.310.060 ESD board—Members—Terms—
Vacancies. The term of every educational service district
board member shall begin on the second Monday in January
next following the election at which he or she was elected:
PROVIDED, That a person elected to less than a full term
pursuant to this section shall take office as soon as the election returns have been certified and he or she has qualified.
In the event of a vacancy in the board from any cause, such
vacancy shall be filled by appointment of a person from the
same board-member district by the educational service district board. In the event that there are more than three vacancies in a seven-member board or four vacancies in a ninemember board, the superintendent of public instruction shall
fill by appointment sufficient vacancies so that there shall be
a quorum of the board serving. Each appointed board member shall serve until his or her successor has been elected at
the next election called by the superintendent of public
instruction and has qualified. [2006 c 263 § 605; 1977 ex.s. c
283 § 20; 1975 1st ex.s. c 275 § 7; 1974 ex.s. c 75 § 6. Formerly RCW 28A.21.0305.]
28A.310.060
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.310.070 ESD board—Members—Restriction on
other service. No person shall serve as an employee of a
28A.310.070
[Title 28A RCW—page 136]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.310.090 ESD board—Members—Elections—
Declarations of candidacy. Candidates for membership on
an educational service district board shall file declarations of
candidacy with the superintendent of public instruction on
forms prepared by the superintendent. Declarations of candidacy may be filed by person or by mail not earlier than the
first day of September, nor later than the sixteenth day of
September. The superintendent may not accept any declaration of candidacy that is not on file in his or her office or is
not postmarked before the seventeenth day of September.
[2006 c 263 § 606; 1977 ex.s. c 283 § 16. Formerly RCW
28A.21.032.]
28A.310.090
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.310.100 ESD board—Members—Elections—
Certification. Each member of an educational service district board shall be elected by a majority of the votes cast at
the election for all candidates for the position. All votes shall
be cast by mail addressed to the superintendent of public
instruction and no votes shall be accepted for counting if
postmarked after the sixteenth day of October or if not postmarked or the postmark is not legible, if received by mail
after the twenty-first day of October following the call of the
election. The superintendent of public instruction and an
election board comprised of three persons appointed by the
superintendent shall count and tally the votes not later than
the twenty-fifth day of October in the following manner:
Each vote cast by a school director shall be accorded as one
vote. If no candidate receives a majority of the votes cast,
then, not later than the first day of November, the superintendent of public instruction shall call a second election to be
conducted in the same manner and at which the candidates
shall be the two candidates receiving the highest number of
votes cast. No vote cast at such second election shall be
28A.310.100
(2010 Ed.)
Educational Service Districts
received for counting if postmarked after the sixteenth day of
November or if not postmarked or the postmark is not legible,
if received by mail after the twenty-first day of November
and the votes shall be counted as hereinabove provided on the
twenty-fifth day of November. The candidate receiving a
majority of votes at any such second election shall be
declared elected. In the event of a tie in such second election,
the candidate elected shall be determined by a chance drawing of a nature established by the superintendent of public
instruction. Within ten days following the count of votes in
an election at which a member of an educational service district board is elected, the superintendent of public instruction
shall certify to the county auditor of the headquarters county
of the educational service district the name or names of the
persons elected to be members of the educational service district board. [2006 c 263 § 607; 1980 c 179 § 7; 1977 ex.s. c
283 § 17. Formerly RCW 28A.21.033.]
28A.310.170
28A.310.140 School district to be entirely within single educational service district. Every school district must
be included entirely within a single educational service district. If the boundaries of any school district within an educational service district are changed in any manner so as to
extend the school district beyond the boundaries of that educational service district, the superintendent of public instruction shall change the boundaries of the educational service
districts so affected in a manner consistent with the purposes
of RCW 28A.310.010 and this section. [2006 c 263 § 608;
1990 c 33 § 274; 1975 1st ex.s. c 275 § 11; 1971 ex.s. c 282 §
6; 1969 ex.s. c 176 § 4. Formerly RCW 28A.21.040,
28.19.515.]
28A.310.140
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.310.150 ESD board—Members—Qualifications, oath, bond—Organization—Quorum. Every candidate for membership on a educational service district board
shall be a registered voter and a resident of the board-member
district for which such candidate files. On or before the date
for taking office, every member shall make an oath or affirmation to support the Constitution of the United States and
the state of Washington and to faithfully discharge the duties
of the office according to the best of such member’s ability.
The members of the board shall not be required to give bond
unless so directed by the superintendent of public instruction.
At the first meeting of newly elected members and after the
qualification for office of the newly elected members, each
educational service district board shall reorganize by electing
a chair and a vice chair. A majority of all of the members of
the board shall constitute a quorum. [2006 c 263 § 609; 1990
c 33 § 275; 1977 ex.s. c 283 § 22; 1975 1st ex.s. c 275 § 12;
1971 ex.s. c 282 § 7; 1969 ex.s. c 176 § 5. Formerly RCW
28A.21.050, 28.19.520.]
28A.310.150
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.310.110 ESD board—Members—Elections,
contest of. Any common school district board member eligible to vote for a candidate for membership on an educational
service district or any candidate for the position, within ten
days after the secretary to the state board of education’s certification of election, may contest the election of the candidate pursuant to chapter 29A.68 RCW. [2005 c 497 § 404;
1990 c 33 § 272; 1977 ex.s. c 283 § 18. Formerly RCW
28A.21.034.]
28A.310.110
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Additional notes found at www.leg.wa.gov
28A.310.120 ESD board—Return to seven member
board. Any educational service district board which elects
under RCW 28A.310.050 to increase the size of the educational service district board from seven to nine members,
after at least four years, may elect by resolution of the board
to return to a membership of seven educational service board
members. In such case, at the next election a new board consisting of seven educational service board members shall be
elected in accordance with the provisions of this chapter.
[1990 c 33 § 273; 1977 ex.s. c 283 § 21; 1975 1st ex.s. c 275
§ 9; 1974 ex.s. c 75 § 8; 1971 ex.s. c 282 § 4. Formerly RCW
28A.21.035.]
28A.310.120
Additional notes found at www.leg.wa.gov
28A.310.130 ESD board—Vacation of board member position because of failure to attend meetings.
Absence of any educational service district board member
from four consecutive regular meetings of the board, unless
excused on account of sickness or otherwise authorized by
resolution of the board, shall be sufficient cause for the members of the educational service district board to declare by
resolution that such board member position is vacated. [1975
1st ex.s. c 275 § 10; 1971 ex.s. c 282 § 5. Formerly RCW
28A.21.037.]
28A.310.130
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.310.160 ESD board—Reimbursement of members for expenses. The actual expenses of educational service board members in going to, returning from and attending
meetings called or held pursuant to district business or while
otherwise engaged in the performance of their duties under
this chapter shall be paid; all such claims shall be approved
by the educational service district board and paid from the
budget of the educational service district. [1977 ex.s. c 283 §
3; 1975-’76 2nd ex.s. c 34 § 68; 1975 1st ex.s. c 275 § 13;
1971 ex.s. c 282 § 8; 1969 ex.s. c 176 § 6. Formerly RCW
28A.21.060, 28.19.525.]
28A.310.160
Additional notes found at www.leg.wa.gov
28A.310.170 ESD superintendent—Appointment,
procedure—Term, salary, discharge—ESD superintendent review committee. (1) Every educational service district board shall employ and set the salary of an educational
service district superintendent who shall be employed by a
written contract for a term to be fixed by the board, but not to
exceed three years, and who may be discharged for sufficient
cause.
28A.310.170
[Title 28A RCW—page 137]
28A.310.180
Title 28A RCW: Common School Provisions
(2) There is hereby established within each educational
service district an educational service district superintendent
review committee. Such review committee shall be composed of a subcommittee of the board, two school district
superintendents from within the educational service district
selected by the educational service district board, and a representative of the state superintendent of public instruction
selected by the state superintendent of public instruction.
(3) Prior to the employment by the educational service
district board of a new educational service district superintendent, the review committee shall screen all applicants against
the established qualifications for the position and recommend
to the board a list of three or more candidates. The educational service district board shall either select the new superintendent from the list of three or more candidates, ask the
review committee to add additional names to the list, or reject
the entire list and ask the review committee to submit three or
more additional candidates for consideration. The educational service district board shall repeat this process until a
superintendent is selected. [2001 c 182 § 1; 1985 c 341 § 7;
1977 ex.s. c 283 § 4. Formerly RCW 28A.21.071.]
Additional notes found at www.leg.wa.gov
28A.310.180 ESD board—Compliance with rules
and regulations—Depository and distribution center—
Cooperative service programs, joint purchasing programs, and direct student service programs including
pupil transportation. In addition to other powers and duties
as provided by law, every educational service district board
shall:
(1) Comply with rules or regulations of the state board of
education and the superintendent of public instruction.
(2) If the district board deems necessary, establish and
operate for the schools within the boundaries of the educational service district a depository and distribution center for
films, tapes, charts, maps, and other instructional material as
recommended by the school district superintendents within
the service area of the educational service district: PROVIDED, That the district may also provide the services of the
depository and distribution center to private schools within
the district so long as such private schools pay such fees that
reflect actual costs for services and the use of instructional
materials as may be established by the educational service
district board.
(3) Establish cooperative service programs for school
districts within the educational service district and joint purchasing programs for schools within the educational service
district pursuant to RCW 28A.320.080(3): PROVIDED,
That on matters relating to cooperative service programs the
board and superintendent of the educational service district
shall seek the prior advice of the superintendents of local
school districts within the educational service district.
(4) Establish direct student service programs for school
districts within the educational service district including
pupil transportation. However, for the provision of statefunded pupil transportation for special education cooperatives programs for special education conducted under RCW
28A.155.010 through 28A.155.100, the educational service
district, with the consent of the participating school districts,
shall be entitled to receive directly state apportionment funds
28A.310.180
[Title 28A RCW—page 138]
for that purpose: PROVIDED, That the board of directors
and superintendent of a local school district request the educational service district to perform said service or services:
PROVIDED FURTHER, That the educational service district
board of directors and superintendents agree to provide the
requested services: PROVIDED, FURTHER, That the provisions of chapter 39.34 RCW are strictly adhered to: PROVIDED FURTHER, That the educational service district
board of directors may contract with the Washington state
center for childhood deafness and hearing loss and the school
for the blind to provide transportation services or other services necessary for the regional delivery of educational services for children who are deaf or hearing impaired. [2009 c
381 § 26; 1990 c 33 § 276; 1988 c 65 § 2; 1987 c 508 § 3;
1982 c 46 § 1; 1979 ex.s. c 66 § 1; 1975 1st ex.s. c 275 § 16;
1971 ex.s. c 282 § 11. Formerly RCW 28A.21.086.]
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Additional notes found at www.leg.wa.gov
28A.310.190 ESD board—Teachers’ institutes,
directors’ meetings—Cooperation with state supervisor—Certification of data. In addition to other powers and
duties as provided by law, every educational service district
board shall:
(1) If the district board deems necessary, hold each year
one or more teachers’ institutes as provided for in RCW
28A.415.010 and one or more school directors’ meetings.
(2) Cooperate with the state supervisor of special aid for
children with disabilities as provided in RCW 28A.155.010
through 28A.155.100.
(3) Certify statistical data as basis for apportionment purposes to county and state officials as provided in chapter
28A.545 RCW.
(4) Perform such other duties as may be prescribed by
law or rule of the state board of education and/or the superintendent of pu blic instruction as pro vid ed in RCW
28A.300.030 and *28A.305.210. [1995 c 77 § 20; 1990 c 33
§ 277; 1983 c 56 § 2; 1981 c 103 § 2; 1975 1st ex.s. c 275 §
17; 1971 ex.s. c 282 § 12. Formerly RCW 28A.21.088.]
28A.310.190
*Reviser’s note: RCW 28A.305.210 expired July 1, 2007.
Additional notes found at www.leg.wa.gov
28A.310.200 ESD board—Powers and duties—
Rules. In addition to other powers and duties as provided by
law, every educational service district board shall:
(1) Approve the budgets of the educational service district in accordance with the procedures provided for in this
chapter;
(2) Meet regularly according to the schedule adopted at
the organization meeting and in special session upon the call
of the chair or a majority of the board;
(3) Approve the selection of educational service district
p e r s o n n e l a n d c l e r ic a l s t a f f a s p r o v i d e d i n R C W
28A.310.230;
(4) Fix the amount of and approve the bonds for those
educational service district employees designated by the
board as being in need of bonding;
(5) Keep in the educational service district office a full
and correct transcript of the boundaries of each school district
within the educational service district;
28A.310.200
(2010 Ed.)
Educational Service Districts
(6) Acquire by borrowing funds or by purchase, lease,
devise, bequest, and gift and otherwise contract for real and
personal property necessary for the operation of the educational service district and to the execution of the duties of the
board and superintendent thereof and sell, lease, or otherwise
dispose of that property not necessary for district purposes.
No real property shall be acquired or alienated without the
prior approval of the superintendent of public instruction and
the acquisition or alienation of all such property shall be subject to such provisions as the superintendent may establish.
When borrowing funds for the purpose of acquiring property,
the educational service district board shall pledge as collateral the property to be acquired. Borrowing shall be evidenced by a note or other instrument between the district and
the lender;
(7) Under RCW 28A.310.010, upon the written request
of the board of directors of a local school district or districts
served by the educational service district, the educational service district board of directors may provide cooperative and
informational services not in conflict with other law that provide for the development and implementation of programs,
activities, services, or practices that support the education of
preschool through twelfth grade students in the public
schools or that support the effective, efficient, or safe management and operation of the school district or districts
served by the educational service district;
(8) Adopt such bylaws and rules for its own operation as
it deems necessary or appropriate; and
(9) Enter into contracts, including contracts with common and educational service districts and the Washington
state center for childhood deafness and hearing loss and the
school for the blind for the joint financing of cooperative service programs conducted pursuant to RCW 28A.310.180(3),
and employ consultants and legal counsel relating to any of
the duties, functions, and powers of the educational service
districts. [2009 c 381 § 27; 2006 c 263 § 610; 2001 c 143 §
1; 1993 c 298 § 1. Prior: 1990 c 159 § 1; 1990 c 33 § 278;
1988 c 65 § 3; 1983 c 56 § 3; 1975 1st ex.s. c 275 § 18; 1971
ex.s. c 282 § 13; 1971 c 53 § 1; 1969 ex.s. c 176 § 9. Formerly RCW 28A.21.090, 28.19.540.]
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.310.202
28A.310.202 ESD board—Partnership with regional
support network to operate a wraparound model site.
Educational service district boards may partner with regional
support networks to respond to a request for proposal for
operation of a wraparound model site under chapter 359,
Laws of 2007 and, if selected, may contract for the provision
of services to coordinate care and facilitate the delivery of
services and other supports under a wraparound model.
[2007 c 359 § 9.]
Captions not law—2007 c 359: See note following RCW 71.36.005.
28A.310.210
28A.310.210 ESD board—Payment of member
expenses—Payment of dues into statewide association of
board members, restrictions. In addition to other powers
(2010 Ed.)
28A.310.240
and duties prescribed by law every educational service district board shall be authorized to:
(1) Pay the expenses of its members in accordance with
law for attendance at statewide meetings of educational service district board members.
(2) Pay dues from educational service district funds in an
amount not to exceed one hundred dollars per board member
per year for membership in a statewide association of educational service district board members: PROVIDED, That
dues to such an association shall not be paid unless the formation of such an association, including its constitution and
bylaws, is approved by a resolution passed by at least twothirds of the educational service district boards within the
state: PROVIDED FURTHER, That such association if
formed shall not employ any staff but shall contract either
with the Washington state school directors’ association or
with the superintendent of public instruction for staff and
informational services. [1975 1st ex.s. c 275 § 19; 1971 ex.s.
c 282 § 14. Formerly RCW 28A.21.092.]
Additional notes found at www.leg.wa.gov
28A.310.220 ESD board—Delegation of powers and
duties to superintendent. Each educational service district
board, by written order filed in the headquarters office, may
delegate to the educational service district superintendent any
of the powers and duties vested in or imposed upon the board
by law or rule or regulation of the state board of education
and/or the superintendent of public instruction. Such delegated powers and duties shall not be in conflict with rules or
regulations of the superintendent of public instruction or the
state board of education and may be exercised by the educational service district superintendent in the name of the board.
[1975 1st ex.s. c 275 § 20; 1974 ex.s. c 75 § 9; 1971 ex.s. c
282 § 15. Formerly RCW 28A.21.095.]
28A.310.220
Additional notes found at www.leg.wa.gov
28A.310.230 Assistant superintendents and other
personnel—Appointment, salaries, duties. The educational service district superintendent may appoint with the
consent of the educational service district board assistant
superintendents and such other professional personnel and
clerical help as may be necessary to perform the work of the
office at such salaries as may be determined by the educational service district board and shall pay such salaries out of
the budget of the district. In the absence of the educational
service district superintendent a designated assistant superintendent shall perform the duties of the office. The educational
service district superintendent shall have the authority to
appoint on an acting basis an assistant superintendent to perform any of the duties of the office. [1975 1st ex.s. c 275 §
21; 1974 ex.s. c 75 § 10; 1971 ex.s. c 282 § 16; 1969 ex.s. c
176 § 10. Formerly RCW 28A.21.100, 28.19.545.]
28A.310.230
Job sharing: RCW 28A.405.070.
Additional notes found at www.leg.wa.gov
28A.310.240 Employee leave policy required. (1)
Every educational service district board shall adopt written
policies granting leaves to persons under contracts of
employment with the district in positions requiring either certification or classified qualifications, including but not lim28A.310.240
[Title 28A RCW—page 139]
28A.310.250
Title 28A RCW: Common School Provisions
ited to leaves for attendance at official or private institutes
and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement, and emergencies for both certificated and classified employees, with such compensation as
the board prescribes. The board shall adopt written policies
granting annual leave with compensation for illness, injury,
and emergencies as follows:
(a) For persons under contract with the district for a full
fiscal year, at least ten days;
(b) For persons under contract with the district as parttime employees, at least that portion of ten days as the total
number of days contracted for bears to one hundred eighty
days;
(c) For certificated and classified employees, annual
leave with compensation for illness, injury, and emergencies
shall be granted and accrue at a rate not to exceed twelve days
per fiscal year. Provisions of any contract in force on July 23,
1989, which conflict with requirements of this subsection
shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be
consistent with this subsection;
(d) Compensation for leave for illness or injury actually
taken shall be the same as the compensation the person would
have received had the person not taken the leave provided in
this section;
(e) Leave provided in this section not taken shall accumulate from fiscal year to fiscal year up to a maximum of one
hundred eighty days for the purposes of RCW 28A.310.490,
and for leave purposes up to a maximum of the number of
contract days agreed to in a given contract, but not greater
than one fiscal year. Such accumulated time may be taken at
any time during the fiscal year, or up to twelve days per year
may be used for the purpose of payments for unused sick
leave; and
(f) Accumulated leave under this section shall be transferred to educational service districts, school districts, the
office of the superintendent of public instruction, the state
school for the blind, the *school for the deaf, institutions of
higher education, and community and technical colleges, and
from any such district, school, or office to another such district, school, office, institution of higher education, or community or technical college. An intervening customary summer break in employment or the performance of employment
duties shall not preclude such a transfer.
(2) Leave accumulated by a person in a district prior to
leaving the district may, under rules of the board, be granted
to the person when the person returns to the employment of
the district.
(3) Leave for illness or injury accumulated before July
23, 1989, under the administrative practices of an educational
service district, and such leave transferred before July 23,
1989, to or from an educational service district, school district, or the office of the superintendent of public instruction
under the administrative practices of the district or office, is
declared valid and shall be added to such leave for illness or
injury accumulated after July 23, 1989. [2009 c 47 § 1; 2008
c 174 § 1; 1997 c 13 § 6; 1990 c 33 § 279; 1989 c 208 § 1.
Formerly RCW 28A.21.102.]
[Title 28A RCW—page 140]
*Reviser’s note: References to the "state school for the deaf" must be
construed as references to the "Washington state center for childhood deafness and hearing loss," pursuant to 2009 c 381 § 11.
28A.310.250 Certificated employees of district—
Contracts of employment—Nonrenewal of contracts—
Notice. No certificated employee of an educational service
district shall be employed as such except by written contract,
which shall be in conformity with the laws of this state.
Every such contract shall be made in duplicate, one copy of
which shall be retained by the educational service district
superintendent and the other shall be delivered to the
employee.
Every educational service district superintendent or
board determining that there is probable cause or causes that
the employment contract of a certificated employee thereof is
not to be renewed for the next ensuing term shall be notified
in writing on or before May 15th preceding the commencement of such term of that determination or if the omnibus
appropriations act has not passed the legislature by May 15th,
then notification shall be no later than June 15th, which notification shall specify the cause or causes for nonrenewal of
contract. Such notice shall be served upon that employee
personally, or by certified or registered mail, or by leaving a
copy of the notice at the house of his or her usual abode with
some person of suitable age and discretion then resident
therein. The procedure and standards for the review of the
decision of the hearing officer, superintendent or board and
appeal therefrom shall be as prescribed for nonrenewal cases
of teachers in RCW 28A.405.210, 28A.405.300 through
28A.405.380, and 28A.645.010. Appeals may be filed in the
superior court of any county in the educational service district. [2009 c 57 § 4; 1996 c 201 § 4; 1990 c 33 § 280; 1977
ex.s. c 283 § 7; 1975 1st ex.s. c 275 § 22; 1974 ex.s. c 75 § 11;
1971 c 48 § 6; 1969 ex.s. c 34 § 19. Formerly RCW
28A.21.105.]
28A.310.250
Effective date—2009 c 57: See note following RCW 28A.405.210.
Additional notes found at www.leg.wa.gov
28A.310.260 Certificated employees of district—
Adverse change in contract status—Notice—Probable
cause—Review—Appeal. Every educational service district superintendent or board determining that there is probable cause or causes for a certificated employee or superintendent, hereinafter referred to as employee, of that educational
service district to be discharged or otherwise adversely
affected in his or her contract status shall notify such
employee in writing of its decision, which notice shall specify the cause or causes for such action. Such notice shall be
served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of
his or her usual abode with some person of suitable age and
discretion then resident therein. The procedure and standards
for review of the decision of the superintendent or board and
appeal therefrom shall be as prescribed in discharge cases of
teachers in RCW 28A.405.210, 28A.405.300 through
28A.405.380, and 28A.645.010. The board and the educational service district superintendent, respectively, shall have
the duties of the boards of directors and superintendents of
school districts in RCW 28A.405.210, 28A.405.300 through
28A.405.380, and 28A.645.010. Appeals may be filed in the
28A.310.260
(2010 Ed.)
Educational Service Districts
superior court of any county in the educational service district. [1990 c 33 § 281; 1977 ex.s. c 283 § 8; 1975 1st ex.s. c
275 § 23; 1974 ex.s. c 75 § 12; 1971 c 48 § 7; 1969 ex.s. c 34
§ 20. Formerly RCW 28A.21.106.]
Additional notes found at www.leg.wa.gov
28A.310.270 ESD superintendent’s powers and
duties—Chief executive officer. In addition to other powers
and duties as provided by law, each educational service district superintendent shall:
(1) Serve as chief executive officer of the educational
service district and secretary of the educational service district board.
(2) Visit the schools in the educational service district,
counsel with directors and staff, and assist in every possible
way to advance the educational interest in the educational
service district. [1975 1st ex.s. c 275 § 24; 1974 ex.s. c 75 §
13; 1972 ex.s. c 3 § 1; 1971 ex.s. c 282 § 17; 1969 ex.s. c 176
§ 11. Formerly RCW 28A.21.110, 28.19.550.]
28A.310.270
Additional notes found at www.leg.wa.gov
28A.310.280 ESD superintendent’s powers and
duties—Records and reports. In addition to other powers
and duties as provided by law, each educational service district superintendent shall:
(1) Perform such record keeping, including such annual
reports as may be required, and liaison and informational services to local school districts and the superintendent of public
instruction as required by rule or regulation of the superintendent of public instruction or state board of education: PROVIDED, That the superintendent of public instruction and the
state board of education may require some or all of the school
districts to report information directly when such reporting
procedures are deemed desirable or feasible.
(2) Keep records of official acts of the educational service district board and superintendents in accordance with
*RCW 28A.21.120, as now or hereafter amended.
(3) Preserve carefully all reports of school officers and
teachers and deliver to the successor of the office all records,
books, documents, and papers belonging to the office either
personally or through a personal representative, taking a
receipt for the same, which shall be filed in the office of the
county auditor in the county where the office is located.
[1975 1st ex.s. c 275 § 25; 1974 ex.s. c 75 § 14. Formerly
RCW 28A.21.111.]
28A.310.280
*Reviser’s note: RCW 28A.21.120 was recodified as RCW
28A.310.310 pursuant to 1990 c 33 § 4.
Additional notes found at www.leg.wa.gov
28A.310.290 ESD superintendent’s powers and
duties—Oaths and affirmations. In addition to other powers and duties as provided by law, each educational service
district superintendent shall:
(1) Administer oaths and affirmations to school directors, teachers, and other persons on official matters connected
with or relating to schools, when appropriate, but not make or
collect any charge or fee for so doing.
(2) Require the oath of office of all school district officers be filed as provided in *RCW 28A.315.500 and furnish a
directory of all such officers to the county auditor and to the
28A.310.290
(2010 Ed.)
28A.310.320
county treasurer of the county in which the school district is
located as soon as such information can be obtained after the
election or appointment of such officers is determined and
their oaths placed on file. [1990 c 33 § 282; 1975 1st ex.s. c
275 § 26; 1974 ex.s. c 75 § 15. Formerly RCW 28A.21.112.]
*Reviser’s note: RCW 28A.315.500 was recodified as RCW
28A.343.360 pursuant to 1999 c 315 § 804.
Additional notes found at www.leg.wa.gov
28A.310.300 ESD superintendent’s powers and
duties—Generally. In addition to other powers and duties as
provided by law, each educational service district superintendent shall:
(1) Assist the school districts in preparation of their budgets as provided in chapter 28A.505 RCW.
(2) Enforce the provisions of the compulsory attendance
law as provided in RCW 28A.225.010 through 28A.225.140,
28A.200.010, and 28A.200.020.
(3) Perform duties relating to capital fund aid by nonhigh
districts as provided in chapter 28A.540 RCW.
(4) Carry out the duties and issue orders creating new
school districts and transfers of territory as provided in chapter 28A.315 RCW.
(5) Perform the limited duties as provided in chapter
28A.193 RCW.
(6) Perform all other duties prescribed by law and the
educational service district board. [1998 c 244 § 13; 1990 c
33 § 283; 1975 1st ex.s. c 275 § 27; 1974 ex.s. c 75 § 16. Formerly RCW 28A.21.113.]
28A.310.300
Additional notes found at www.leg.wa.gov
2 8 A. 3 10 . 3 1 0 H e a d qu ar te r s of f i c e —O f f ic ia l
records—Transfers of records. The educational service
district board shall designate the headquarters office of the
educational service district. Educational service districts
shall provide for their own office space, heating, contents
insurance, electricity, and custodial services, which may be
obtained through contracting with any board of county commissioners. Official records of the educational service district board and superintendent, including each of the county
superintendents abolished by chapter 176, Laws of 1969 ex.
sess., shall be kept by the educational service district superintendent. Whenever the boundaries of any of the educational
service districts are reorganized pursuant to RCW
28A.310.020, the superintendent of public instruction shall
supervise the transferral of such records so that each educational service district superintendent shall receive those
records relating to school districts within the appropriate educational service district. [2006 c 263 § 611; 1990 c 33 § 284;
1985 c 341 § 8; 1975 1st ex.s. c 275 § 28; 1974 ex.s. c 75 §
17; 1971 ex.s. c 282 § 18; 1969 ex.s. c 176 § 12. Formerly
RCW 28A.21.120, 28.19.555.]
28A.310.310
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.310.320 ESD superintendents, employees—
Travel expenses and subsistence—Advance payment. For
all actual and necessary travel in the performance of official
duties and while in attendance upon meetings and confer28A.310.320
[Title 28A RCW—page 141]
28A.310.330
Title 28A RCW: Common School Provisions
ences, each educational service district superintendent and
employee shall be reimbursed for their travel expenses in the
amounts provided in RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. All claims shall be approved
by the educational service district board and paid from the
funds budgeted by the district. Each educational service district superintendent and employee may be advanced sufficient sums to cover their anticipated expenses in accordance
with rules and regulations promulgated by the state auditor
and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210. [1975-’76 2nd
ex.s. c 34 § 69; 1975 1st ex.s. c 275 § 29; 1971 ex.s. c 282 §
19; 1969 ex.s. c 176 § 13. Formerly RCW 28A.21.130,
28.19.560.]
Additional notes found at www.leg.wa.gov
28A.310.330 Budgeting procedures for districts. The
superintendent of public instruction by rule and regulation
shall adopt budgeting procedures for educational service districts modeled after the statutory procedures for school districts as provided in chapter 28A.505 RCW and in accordan c e with RC W 2 8A.31 0 .3 40 , 2 8 A.3 10 . 35 0, a nd
28A.310.360. [1990 c 33 § 285; 1977 ex.s. c 283 § 12; 1975
1st ex.s. c 275 § 30; 1971 ex.s. c 282 § 20. Formerly RCW
28A.21.135.]
28A.310.330
Additional notes found at www.leg.wa.gov
28A.310.340 Identification of core services for budget purposes—Generally. It is the intent of the legislature
that a basic core of uniform services be provided by educational service districts and be identified in statute so that biennial budget requests for educational service districts may be
based upon measurable goals and needs. Educational service
districts as noted in RCW 28A.310.010, are intended primarily to:
(1) Provide cooperative and informational services to
local districts and to perform functions for those districts
when such functions are more effectively or economically
administered from the regional level;
(2) Assist the state educational agencies, office of superintendent of public instruction and the state board of education in the legal performance of their duties; and
(3) Assist in providing pupils with equal educational
opportunities.
The purpose of RCW 28A.310.350 and 28A.310.360 is
to further identify those core services in order to prepare educational service district budgets for the 1979-81 biennium,
and those bienniums beyond. [1990 c 33 § 286; 1977 ex.s. c
283 § 9. Formerly RCW 28A.21.136.]
28A.310.340
Additional notes found at www.leg.wa.gov
28A.310.350 Identification of core services for budget purposes—Specific services listed. The basic core services and cost upon which educational service districts are
budgeted shall include, but not be limited to, the following:
(1) Educational service district administration and facilities such as office space, maintenance and utilities;
(2) Cooperative administrative services such as assistance in carrying out procedures to abolish sex and race bias
28A.310.350
[Title 28A RCW—page 142]
in school programs, fiscal services, grants management services, special education services and transportation services;
(3) Personnel services such as certification/registration
services;
(4) Learning resource services such as audio visual aids;
(5) Cooperative curriculum services such as health promotion and health education services, in-service training,
workshops and assessment;
(6) Professional development services identified by statute or the omnibus appropriations act; and
(7) Special needs of local education agencies. [2007 c
402 § 8; 1977 ex.s. c 283 § 10. Formerly RCW 28A.21.137.]
Capt ion s n ot l aw— 200 7 c 402 : See no te fol lo win g R CW
28A.415.340.
Additional notes found at www.leg.wa.gov
28A.310.360 Identification of core services for budget purposes—Formula utilized for ESD’s biennial budget request. The superintendent of public instruction, pursuant to RCW 28A.310.330 shall prepare the biennial budget
request for the operation of educational service districts
based upon a formula using the following factors:
(1) The core service cost itemized in RCW 28A.310.350
which shall receive primary weighting for formula purposes;
(2) A weighting factor constituting a geographical factor
which shall be used to weight the larger sized educational service districts for formula purposes; and
(3) A weighting factor which shall be based on the number and size of local school districts within each educational
service district for formula purposes.
The sum of subsection (1) of this section, together with
the weighting factors of subsections (2) and (3) of this section
for each educational service district, shall reflect the variables
among the educational service districts and when combined,
a total budget for all educational service districts shall be the
result. [1990 c 33 § 287; 1977 ex.s. c 283 § 11. Formerly
RCW 28A.21.138.]
28A.310.360
Additional notes found at www.leg.wa.gov
28A.310.370 District budget—State funds, allocation
of—District general expense fund—Created, deposits,
expenditures. The superintendent of public instruction shall
examine and revise the biennial budget request of each educational service district and shall fix the amount to be
requested in state funds for the educational service district
system from the legislature. Once funds have been appropriated by the legislature, the superintendent of public instruction shall fix the annual budget of each educational service
district and shall allocate quarterly the state’s portion from
funds appropriated for that purpose to the county treasurer of
the headquarters county of the educational service district for
deposit to the credit of the educational service district general
expense fund.
In each educational service district, there shall be an educational service district general expense fund into which
there shall be deposited such moneys as are allocated by the
superintendent of public instruction under provisions of this
chapter and other funds of the educational service district,
and such moneys shall be expended according to the method
used by first or second-class school districts, whichever is
28A.310.370
(2010 Ed.)
Educational Service Districts
deemed most feasible by the educational service district
board. No vouchers for warrants other than moneys being
distributed to the school districts shall be approved for expenditures not budgeted by the educational service district board.
[1983 c 56 § 4; 1975 1st ex.s. c 275 § 31; 1971 ex.s. c 282 §
22; 1969 ex.s. c 176 § 14. Formerly RCW 28A.21.140,
28.19.565.]
Additional notes found at www.leg.wa.gov
28A.310.480
28A.310.430 Local school district superintendents to
advise board and superintendent. The superintendents of
all local school districts within an educational service district
shall serve in an advisory capacity to the educational service
district board and superintendent in matters pertaining to
budgets, programs, policy, and staff. [1975 1st ex.s. c 275 §
37; 1971 ex.s. c 282 § 28; 1969 ex.s. c 176 § 23. Formerly
RCW 28A.21.220, 28.19.605.]
28A.310.430
Additional notes found at www.leg.wa.gov
28A.310.390 District budget request—Procedure for
approval. The biennial budget request of each educational
service district shall be approved by the respective educational service district board and then forwarded to the superintendent of public instruction for revision and approval as
provided in RCW 28A.310.370. [1990 c 33 § 288; 1975 1st
ex.s. c 275 § 33; 1971 ex.s. c 282 § 21; 1969 ex.s. c 176 § 17.
Formerly RCW 28A.21.170, 28.19.580.]
28A.310.390
Additional notes found at www.leg.wa.gov
28A.310.400 Legal services. The superintendent of
public instruction shall be responsible for the provision of
legal services to all educational service districts: PROVIDED, That any educational service district board may contract with any county for the legal services of its prosecuting
attorney. [1975 1st ex.s. c 275 § 35; 1974 ex.s. c 75 § 23. Formerly RCW 28A.21.195.]
28A.310.400
Additional notes found at www.leg.wa.gov
28A.310.410 Ex officio treasurer of district. The
county treasurer of the county in which the headquarters
office of the educational service district is located shall serve
as the ex officio treasurer of the district. The treasurer shall
keep all funds and moneys of the district separate and apart
from all other funds and moneys in the treasurer’s custody
and shall disburse such moneys only upon proper order of the
educational service district board or superintendent. [1990 c
33 § 289; 1975 1st ex.s. c 275 § 36; 1969 ex.s. c 176 § 21.
Formerly RCW 28A.21.200, 28.19.595.]
28A.310.410
Additional notes found at www.leg.wa.gov
28A.310.440 ESD as self-insurer—Authority. The
board of directors of any educational service district is authorized to enter into agreements with the board of directors of
any local school district and/or other educational service districts to form a self-insurance group for the purpose of qualifying as a self-insurer under chapter 51.14 RCW. [1982 c
191 § 9. Formerly RCW 28A.21.255.]
28A.310.440
Educational service districts as self-insurers: RCW 51.14.150 and
51.14.160.
Additional notes found at www.leg.wa.gov
28A.310.460 Contracts to lease building space and
portable buildings and lease or have maintained security
systems, computers and other equipment. The board of
any educational service district may enter into contracts for
their respective districts for periods not exceeding twenty
years in duration with public and private persons, organizations, and entities for the following purposes:
(1) To rent or lease building space, portable buildings,
security systems, computers and other equipment; and
(2) To have maintained and repaired security systems,
computers and other equipment.
The budget of each educational service district shall
identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by
amount, duration, and nature of the contracted service and/or
item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW
28A.310.330 and 28A.505.140. [1990 c 33 § 291; 1987 c 508
§ 2; 1977 ex.s. c 210 § 2. Formerly RCW 28A.21.310.]
28A.310.460
Additional notes found at www.leg.wa.gov
28A.310.420 County or intermediate district superintendent and board employees to terminate or transfer
employment—Benefits retained. As of July 1, 1969,
employees of the various offices of county or intermediate
district superintendent and county or intermediate district
board shall terminate their employment therein, or such
employees, at their election, may transfer their employment
to the new intermediate school district in which their respective county is located. If such employment is so transferred,
each employee shall retain the same leave benefits and other
benefits that he or she had in his or her previous position. If
the intermediate school district has a different system of computing leave benefits and other benefits, then the employee
shall be granted the same leave and other benefits as a person
will receive who would have had similar occupational status
and total years of service with the new intermediate school
district. [1990 c 33 § 290; 1969 ex.s. c 176 § 22. Formerly
RCW 28A.21.210, 28.19.600.]
28A.310.420
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28A.310.470 Delegation to ESD of SPI program,
project or service—Contract. The superintendent of public
instruction may delegate to any educational service district or
combination of educational service districts all or any portion
of a program, project, or service authorized or directed by the
legislature to be performed by the superintendent of public
instruction: PROVIDED, That any such delegation shall be
by contract pursuant to chapter 39.34 RCW, as now or hereafter amended. [1977 ex.s. c 283 § 5. Formerly RCW
28A.21.350.]
28A.310.470
Additional notes found at www.leg.wa.gov
28A.310.480 Delegation to ESD of state board of education program, project or service—Contract. The state
board of education may delegate to any educational service
district or combination of educational service districts all or
any portion of a program, project, or service authorized or
directed by the legislature to be performed by the state board
28A.310.480
[Title 28A RCW—page 143]
28A.310.490
Title 28A RCW: Common School Provisions
of education: PROVIDED, That any such delegation shall be
by contract pursuant to chapter 39.34 RCW, as now or hereafter amended. [1977 ex.s. c 283 § 6. Formerly RCW
28A.21.355.]
Additional notes found at www.leg.wa.gov
28A.310.490
28A.310.490 ESD employee attendance incentive
program—Remuneration or benefit plan for unused sick
leave. Every educational service district board of directors
shall establish an attendance incentive program for all certificated and classified employees in the following manner.
(1) In January of the year following any year in which a
minimum of sixty days of leave for illness or injury is
accrued, and each January thereafter, any eligible employee
may exercise an option to receive remuneration for unused
leave for illness or injury accumulated in the previous year at
a rate equal to one day’s monetary compensation of the
employee for each four full days of accrued leave for illness
or injury in excess of sixty days. Leave for illness or injury
for which compensation has been received shall be deducted
from accrued leave for illness or injury at the rate of four days
for every one day’s monetary compensation. No employee
may receive compensation under this section for any portion
of leave for illness or injury accumulated at a rate in excess of
one day per month.
(2) At the time of separation from educational service
district employment due to retirement or death an eligible
employee or the employee’s estate shall receive remuneration
at a rate equal to one day’s current monetary compensation of
the employee for each four full days accrued leave for illness
or injury.
(3) In lieu of remuneration for unused leave for illness or
injury as provided for in subsections (1) and (2) of this section, an educational service district board of directors may,
with equivalent funds, provide eligible employees a benefit
plan that provides reimbursement for medical expenses. Any
benefit plan adopted after July 28, 1991, shall require, as a
condition of participation under the plan, that the employee
sign an agreement with the district to hold the district harmless should the United States government find that the district
or the employee is in debt to the United States as a result of
the employee not paying income taxes due on the equivalent
funds placed into the plan, or as a result of the district not
withholding or deducting any tax, assessment, or other payment on such funds as required under federal law.
Moneys or benefits received under this section shall not
be included for the purposes of computing a retirement
allowance under any public retirement system in this state.
The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations
to carry out the purposes of this section.
Should the legislature revoke any benefits granted under
this section, no affected employee shall be entitled thereafter
to receive such benefits as a matter of contractual right.
[1997 c 13 § 7; 1991 c 92 § 1; 1989 c 69 § 1; 1985 c 341 § 9;
1980 c 182 § 6. Formerly RCW 28A.21.360.]
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 144]
Chapter 28A.315 RCW
ORGANIZATION AND REORGANIZATION OF
SCHOOL DISTRICTS
Chapter 28A.315
Sections
28A.315.005
28A.315.015
28A.315.025
28A.315.035
28A.315.045
28A.315.055
28A.315.065
28A.315.075
28A.315.085
28A.315.095
28A.315.105
28A.315.115
28A.315.155
28A.315.165
28A.315.175
28A.315.185
28A.315.195
28A.315.205
28A.315.215
28A.315.225
28A.315.235
28A.315.245
28A.315.255
28A.315.265
28A.315.275
28A.315.285
28A.315.295
28A.315.305
28A.315.308
28A.315.315
28A.315.901
Governance structure.
Purpose—Policy.
Definitions.
Organization of school districts.
Reorganization.
Conflicting or incorrectly described school district boundaries.
District boundary changes—Submission to county auditor.
Effect of 1999 c 315—Existing provisions not affected.
Personnel and supplies—Reimbursement.
Regional committees—Powers and duties.
Regional committees—Appointment and terms of members—New regional committees.
Regional committees—Membership limitation.
Regional committees—Members’ expenses reimbursed.
Regional committees—Organization, meetings, quorum.
Superintendent of public instruction—Powers and duties.
Annual training.
Transfer of territory by petition—Requirements—Rules—
Costs.
Transfer of territory by petition—Regional committee
responsibilities—Rules—Appeals.
Transfer of territory by agreement or order—Approval—
Order.
Dissolution and annexation of certain districts—Annexation of nondistrict property.
Consolidation—Petition.
Adjustment of assets and liabilities.
Adjustment of indebtedness.
Adjustment of bonded indebtedness—Order—Special
elections.
Notice of elections.
Special election—Determination—Order—Certification.
Rejection of proposal.
School district organizational changes—Corporate existence—Payment of bonded indebtedness—Levy
authority.
School district organization changes—Adjustment of
school district assets and liabilities—School districts
in two or more educational service districts.
Appeal.
Part headings and captions not law—1999 c 315.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
School district boundary changes—Excess levies: RCW 84.09.037.
28A.315.005 Governance structure. (1) Under the
constitutional framework and the laws of the state of Washington, the governance structure for the state’s public common school system is comprised of the following bodies:
The legislature, the governor, the superintendent of public
instruction, the state board of education, the educational service district boards of directors, and local school district
boards of directors. The respective policy and administrative
roles of each body are determined by the state Constitution
and statutes.
(2) Local school districts are political subdivisions of the
state and the organization of such districts, including the
powers, duties, and boundaries thereof, may be altered or
abolished by laws of the state of Washington. [1999 c 315 §
1.]
28A.315.005
28A.315.015 Purpose—Policy. (1) It is the purpose of
this chapter to:
28A.315.015
(2010 Ed.)
Organization and Reorganization of School Districts
(a) Incorporate into a single, comprehensive, school district organization law all essential provisions governing:
(i) The formation and establishment of new school districts;
(ii) The alteration of the boundaries of existing districts;
and
(iii) The adjustment of the assets and liabilities of school
districts when changes are made under this chapter; and
(b) Establish methods and procedures whereby changes
in the school district system may be brought about by the
people concerned and affected.
(2) It is the state’s policy that decisions on proposed
changes in school district organization should be made,
whenever possible, by negotiated agreement between the
affected school districts. If the districts cannot agree, the
decision shall be made by the regional committees on school
district organization, based on the committees’ best judgment, taking into consideration the following factors and factors under RCW 28A.315.205:
(a) A balance of local petition requests and the needs of
the statewide community at large in a manner that advances
the best interest of public education in the affected school districts and communities, the educational service district, and
the state;
(b) Responsibly serving all of the affected citizens and
students by contributing to logical service boundaries and
recognizing a changing economic pattern within the educational service districts of the state;
(c) Enhancing the educational opportunities of pupils in
the territory by reducing existing disparities among the
affected school districts’ ability to provide operating and capital funds through an equitable adjustment of the assets and
liabilities of the affected districts;
(d) Promoting a wiser use of public funds through
improvement in the school district system of the educational
service districts and the state; and
(e) Other criteria or considerations as may be established
in rule by the superintendent of public instruction.
(3) It is neither the intent nor purpose of this chapter to
apply to organizational changes and the procedure therefor
relating to capital fund aid by nonhigh school districts as provided for in chapter 28A.540 RCW. [2006 c 263 § 504; 1999
c 315 § 101.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.315.025 Definitions. As used in this chapter:
(1) "Change in the organization and extent of school districts" means the formation and establishment of new school
districts, the dissolution of existing school districts, the alteration of the boundaries of existing school districts, or all of
them.
(2) "Regional committee" means the regional committee
on school district organization created by this chapter.
(3) "School district" means the territory under the jurisdiction of a single governing board designated and referred to
as the board of directors.
(4) "Educational service district superintendent" means
the educational service district superintendent as provided for
in RCW 28A.310.170 or his or her designee. [2006 c 263 §
505; 1990 c 33 § 293; 1985 c 385 § 1; 1983 c 3 § 33; 1975 1st
28A.315.025
(2010 Ed.)
28A.315.055
ex.s. c 275 § 78; 1971 c 48 § 25; 1969 ex.s. c 223 §
28A.57.020. Prior: 1955 c 395 § 1; 1947 c 266 § 2; Rem.
Supp. 1947 § 4693-21. Formerly RCW 28A.315.020,
28A.57.020, 28.57.020.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.315.035 Organization of school districts. A
school district shall be organized in form and manner as hereinafter in this chapter provided, and shall be known as . . . . . .
(insert here the name of the district) School District No. . . . .,
. . . . . . county, state of Washington: PROVIDED, That all
school districts now existing as shown by the records of the
educational service district superintendent are hereby recognized as legally organized districts: PROVIDED FURTHER, That all school districts existing on April 25, 1969 as
shown by the records of the county or intermediate district
superintendents are hereby recognized as legally organized
districts. [1975 1st ex.s. c 275 § 88; 1969 ex.s. c 176 § 124;
1969 ex.s. c 223 § 28A.57.130. Prior: 1947 c 266 § 3; Rem.
Supp. 1947 § 4693-22. Formerly RCW 28A.315.220,
28A.57.130, 28.57.130.]
28A.315.035
Additional notes found at www.leg.wa.gov
28A.315.045 Reorganization. (1) A new school district may be formed comprising contiguous territory lying in
either a single county or in two or more counties. The new
district may comprise:
(a) Two or more whole school districts;
(b) Parts of two or more school districts; and/or
(c) Territory that is not a part of any school district if
such territory is contiguous to the district to which it is transferred.
(2) The boundaries of existing school districts may be
altered:
(a) By the transfer of territory from one district to
another district;
(b) By the consolidation of one or more school districts
with one or more school districts; or
(c) By the dissolution and annexation to a district of a
part or all of one or more other districts or of territory that is
not a part of any school district: PROVIDED, That such territory shall be contiguous to the district to which it is transferred or annexed.
(3) Territory may be transferred or annexed to or consolidated with an existing school district without regard to
county boundaries. [1999 c 315 § 201.]
28A.315.045
28A.315.055 Conflicting or incorrectly described
school district boundaries. In case the boundaries of any of
the school districts are conflicting or incorrectly described,
the educational service district board of directors, after due
notice and a public hearing, shall change, harmonize, and
describe them and shall so certify, with a complete transcript
of boundaries of all districts affected, such action to the
superintendent of public instruction for approval or revision.
Upon receipt of notification of action by the superintendent
of public instruction, the educational service district superintendent shall transmit to the county legislative authority of
28A.315.055
[Title 28A RCW—page 145]
28A.315.065
Title 28A RCW: Common School Provisions
the county or counties in which the affected districts are
located a complete transcript of the boundaries of all districts
affected. [2006 c 263 § 506; 1999 c 315 § 203.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.315.065 District boundary changes—Submission to county auditor. (1) Any district boundary changes
shall be submitted to the county auditor by the educational
service district superintendent within thirty days after the
changes have been approved in accordance with this chapter.
The superintendent shall submit both legal descriptions and
maps.
(2) Any boundary changes submitted to the county auditor after the fourth Monday in June of odd-numbered years
does not take effect until the following calendar year. [1999
c 315 § 204.]
28A.315.065
28A.315.075 Effect of 1999 c 315—Existing provisions not affected. (1) Any proposed change in school district organization initiated before July 25, 1999, shall be considered under the laws and rules in effect before July 25,
1999. Chapter 315, Laws of 1999 applies to any proposed
change in school district organization initiated on or after
July 25, 1999.
(2) For purposes of this section, "initiated" means the filing of a petition, the motion of a school board, or the report of
an educational service district. This section does not preclude
the filing of a new petition on or after July 25, 1999, where
the same or a similar proposal was filed before July 25, 1999.
[1999 c 315 § 205.]
28A.315.075
28A.315.085 Personnel and supplies—Reimbursement. (1) The superintendent of public instruction shall furnish to regional committees the services of employed personnel and the materials and supplies necessary to enable them to
perform the duties imposed upon them by this chapter.
(2) Costs that may be incurred by an educational service
district in association with school district negotiations under
RCW 28A.315.195 and supporting the regional committee
under RCW 28A.315.205 shall be reimbursed by the state
from such funds as are appropriated for these purposes.
[2008 c 159 § 3; 2006 c 263 § 507; 2005 c 497 § 405; 1999 c
315 § 206.]
28A.315.085
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
28A.315.095 Regional committees—Powers and
duties. The powers and duties of each regional committee
are to:
(1) Hear and approve or disapprove proposals for
changes in the organization and extent of school districts in
the educational service districts when a hearing on a proposal
has been requested under RCW 28A.315.195;
(2) Act on notices and proposals from the educational
service district under RCW 28A.315.225;
(3) Make an equitable adjustment of the property and
other assets and of the liabilities, including bonded indebtedness and excess tax levies as otherwise authorized under this
section, as to the old school districts and the new district or
districts, if any, involved in or affected by a proposed change
in the organization and extent of the school districts;
(4) Make an equitable adjustment of the bonded indebtedness outstanding against any of the old and new districts
whenever in its judgment such adjustment is advisable, as to
all of the school districts involved in or affected by any
change heretofore or hereafter effected;
(5) Provide that territory transferred from a school district by a change in the organization and extent of school districts shall either remain subject to, or be relieved of, any one
or more excess tax levies that are authorized for the school
district under RCW 84.52.053 before the effective date of the
transfer of territory from the school district;
(6) Provide that territory transferred to a school district
by a change in the organization and extent of school districts
shall either be made subject to, or be relieved of, any one or
more excess tax levies that are authorized for the school district under RCW 84.52.053 before the effective date of the
transfer of territory to the school district;
(7) Establish the date by which a committee-approved
transfer of territory shall take effect;
(8) Hold and keep a record of a public hearing or public
hearings (a) on every proposal for the formation of a new
school district or for the transfer from one existing district to
another of any territory in which children of school age reside
or for annexation of territory when the conditions set forth in
*RCW 28A.315.290 or 28A.315.320 prevail; and (b) on
every proposal for adjustment of the assets and of the liabilities of school districts provided for in this chapter. Three
members of the regional committee or two members of the
committee and the educational service district superintendent
may be designated by the committee to hold any public hearing that the committee is required to hold. The regional committee shall cause notice to be given, at least ten days prior to
the date appointed for any such hearing, in one or more newspapers of general circulation within the geographical boundaries of the school districts affected by the proposed change
or adjustment. In addition notice may be given by radio and
television, or either thereof, when in the committee’s judgment the public interest will be served thereby; and
(9) Prepare and submit to the superintendent of public
instruction from time to time or, upon his or her request,
reports and recommendations respecting the urgency of need
for school plant facilities, the kind and extent of the facilities
required, and the development of improved local school
administrative units and attendance areas in the case of
school districts that seek state assistance in providing school
plant facilities. [1999 c 315 § 301.]
28A.315.095
[Title 28A RCW—page 146]
*Reviser’s note: RCW 28A.315.290 and 28A.315.320 were repealed
by 1999 c 315 § 801. Later enactment of RCW 28A.315.320, see RCW
28A.315.225.
28A.315.105 Regional committees—Appointment
and terms of members—New regional committees. (1)
There is hereby created in each educational service district a
committee which shall be known as the regional committee
on school district organization, which committee shall be
composed of not less than seven nor more than nine registered voters of the educational service district, the number to
correspond with the number of board member districts estab28A.315.105
(2010 Ed.)
Organization and Reorganization of School Districts
lished for the governance of the educational service district in
which the regional committee is located.
(2) Members of each regional committee shall be
appointed to serve a four-year term by the educational service
district board of the district in which the regional committee
is located. One member of the regional committee shall be
appointed from each such educational service district board
member district. Appointed members of regional committees
must be registered voters and reside in the educational service district board member district from which they are
appointed. Members of regional committees who were
elected before June 12, 2008, may serve the remainder of
their four-year terms. Vacancies occurring for any reason,
including at the end of the term of any member of a regional
committee who was elected before June 12, 2008, shall be
filled by appointment by the educational service district
board of directors as provided in this section.
(3) In the event of a change in the number of educational
service districts or in the number of educational service district board members pursuant to chapter 28A.310 RCW, a
new regional committee shall be appointed for each affected
educational service district at the expiration of the terms of
the majority of the members of the regional committee.
Those persons who were serving on a regional committee
within an educational service district affected by a change in
the number of districts or board members shall continue to
constitute the regional committee for the educational service
district within which they are registered to vote until the
majority of a new board has been appointed.
(4) No appointed member of a regional committee may
continue to serve on the committee if he or she ceases to be a
registered voter of the educational service district board
member district or if he or she is absent from three consecutive meetings of the committee without an excuse acceptable
to the committee. [2008 c 159 § 4; 1985 c 385 § 2; 1969 ex.s.
c 223 § 28A.57.030. Prior: 1947 c 266 § 11, part; Rem.
Supp. 1947 § 4693-30, part; prior: 1941 c 248 § 3, part; Rem.
Supp. 1941 § 4709-3, part. Formerly RCW 28A.315.040,
28A.57.030, 28.57.030, part.]
Additional notes found at www.leg.wa.gov
28A.315.115 Regional committees—Membership
limitation. Persons possessing the status of any of the following positions shall not be eligible to be a member of a
regional committee: The superintendent of public instruction, a member of the state board of education, an educational
service district superintendent, a member of a board of directors of a school district, a member of an educational service
district board, a member of a governing board of either a private school or a private school district which conducts any
grades kindergarten through twelve, officers appointed by
any such governing board, and employees of a school district,
an educational service district, the office of the superintendent of public instruction, a private school, or a private school
district. [1985 c 385 § 3; 1975 1st ex.s. c 275 § 79; 1969 ex.s.
c 176 § 115; 1969 ex.s. c 223 § 28A.57.031. Prior: 1947 c
226 § 11, part; Rem. Supp. 1947 § 4693-30, part; prior: 1941
c 248 § 3, part; Rem. Supp. 1941 § 4709-3, part. Formerly
RCW 28A.315.050, 28A.57.031, 28.57.030, part.]
28A.315.115
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28A.315.195
28A.315.155 Regional committees—Members’
expenses reimbursed. Members of each regional committee
shall serve without compensation but shall be reimbursed for
expenses necessarily incurred in the performance of their
duties. [1985 c 385 § 7; 1969 ex.s. c 176 § 118; 1969 ex.s. c
223 § 28A.57.035. Prior: 1947 c 266 § 11, part; Rem. Supp.
1947 § 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp.
1941 § 4709-3, part. Formerly RCW 28A.315.090,
28A.57.035, 28.57.030, part.]
28A.315.155
Additional notes found at www.leg.wa.gov
28A.315.165 Regional committees—Organization,
meetings, quorum. Each regional committee shall organize
by electing from its membership a chair and a vice chair. The
educational service district superintendent shall be the secretary of the committee. Meetings of the committee shall be
held upon call of the chair or of a majority of the members
thereof. A majority of the committee shall constitute a quorum. [1990 c 33 § 297; 1985 c 385 § 8; 1975 1st ex.s. c 275
§ 82; 1969 ex.s. c 176 § 119; 1969 ex.s. c 223 § 28A.57.040.
Prior: 1947 c 266 § 12; Rem. Supp. 1947 § 4693-31; prior:
1941 c 248 § 4; Rem. Supp. 1941 § 4709-4. Formerly RCW
28A.315.100, 28A.57.040, 28.57.040.]
28A.315.165
Additional notes found at www.leg.wa.gov
28A.315.175 Superintendent of public instruction—
Powers and duties. The superintendent of public instruction
shall:
(1) Aid regional committees in the performance of their
duties by furnishing them with plans of procedure, standards,
data, maps, forms, and other necessary materials and services
essential to a study and understanding of the problems of
school district organization in their respective educational
service districts; and
(2) Carry out powers and duties of the superintendent of
public instruction relating to the organization and reorganization of school districts. [2006 c 263 § 501; 1999 c 315 § 302.]
28A.315.175
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.315.185 Annual training. To the extent funds are
appropriated, the superintendent of public instruction, in
cooperation with the educational service districts and the
Washington state school directors’ association, shall conduct
an annual training meeting for the regional committees, educational service district superintendents, and local school district superintendents and boards of directors. Training may
also be provided upon request. [2006 c 263 § 509; 1999 c 315
§ 303.]
28A.315.185
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.315.195 Transfer of territory by petition—
Requirements—Rules—Costs. (1) A proposed change in
school district organization by transfer of territory from one
school district to another may be initiated by a petition in
writing presented to the educational service district superintendent:
(a) Signed by at least fifty percent plus one of the active
registered voters residing in the territory proposed to be
transferred; or
28A.315.195
[Title 28A RCW—page 147]
28A.315.205
Title 28A RCW: Common School Provisions
(b) Signed by a majority of the members of the board of
directors of one of the districts affected by a proposed transfer of territory and providing documentation that, before
signing the petition, the board of directors took the following
actions:
(i) Communicated the proposed transfer to the board of
directors of the affected district or districts and provided an
opportunity for the board of the affected district or districts to
respond; and
(ii) Communicated the proposed transfer to the registered voters residing in the territory proposed to be transferred, provided notice of a public hearing regarding the proposal, and provided the voters an opportunity to comment on
the proposal at the public hearing.
(2) The petition shall state the name and number of each
district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the
change and the number of children of school age, if any,
residing in the territory.
(3) The educational service district superintendent shall
not complete any transfer of territory under this section that
involves ten percent or more of the common school student
population of the entire district from which the transfer is
proposed, unless the educational service district superintendent has first called and held a special election of the voters
of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford
those voters an opportunity to approve or reject the proposed
transfer. A simple majority shall determine approval or
rejection.
(4) The superintendent of public instruction may establish rules limiting the frequency of petitions that may be filed
pertaining to territory included in whole or in part in a previous petition.
(5) Upon receipt of the petition, the educational service
district superintendent shall notify in writing the affected districts that:
(a) Each school district board of directors, whether or not
initiating a proposed transfer of territory, is required to enter
into negotiations with the affected district or districts;
(b) In the case of a citizen-initiated petition, the affected
districts must negotiate on the entire proposed transfer of territory;
(c) The districts have ninety calendar days in which to
agree to the proposed transfer of territory;
(d) The districts may request and shall be granted by the
educational service district superintendent one thirty-day
extension to try to reach agreement; and
(e) Any district involved in the negotiations may at any
time during the ninety-day period notify the educational service district superintendent in writing that agreement will not
be possible.
(6) If the negotiating school boards cannot come to
agreement about the proposed transfer of territory, the educational service district superintendent, if requested by the
affected districts, shall appoint a mediator. The mediator has
thirty days to work with the affected school districts to see if
an agreement can be reached on the proposed transfer of territory.
(7) If the affected school districts cannot come to agreement about the proposed transfer of territory, and the districts
[Title 28A RCW—page 148]
do not request the services of a mediator or the mediator was
unable to bring the districts to agreement, either district may
file with the educational service district superintendent a
written request for a hearing by the regional committee.
(8) If the affected school districts cannot come to agreement about the proposed transfer of territory initiated by citizen petition, and the districts do not request the services of a
mediator or the mediator was unable to bring the districts to
agreement, the district in which the citizens who filed the
petition reside shall file with the educational service district
superintendent a written request for a hearing by the regional
committee, unless a majority of the citizen petitioners request
otherwise.
(9) Upon receipt of a notice under subsection (7) or (8) of
this section, the educational service district superintendent
shall notify the chair of the regional committee in writing
within ten days.
(10) Costs incurred by school districts under this section
shall be reimbursed by the state from such funds as are appropriated for this purpose. [2008 c 159 § 1; 2006 c 263 § 502;
2003 c 413 § 2; 1999 c 315 § 401.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.315.205 Transfer of territory by petition—
Regional committee responsibilities—Rules—Appeals.
(1) The chair of the regional committee shall schedule a hearing on the proposed transfer of territory at a location in the
educational service district within sixty calendar days of
being notified under RCW 28A.315.195 (7) or (8).
(2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is
held by the committee, the committee shall issue its written
findings and decision to approve or disapprove the proposed
transfer of territory. The educational service district superintendent shall transmit a copy of the committee’s decision to
the superintendents of the affected school districts within ten
calendar days.
(3) In carrying out the purposes of RCW 28A.315.015
and in making decisions as authorized under RCW
28A.315.095(1), the regional committee shall base its judgment upon whether and to the extent the proposed change in
s c h o o l d i s t r i c t o r g a n i z at i o n c o m p l i e s w i t h R C W
28A.315.015(2) and rules adopted by the superintendent of
public instruction under chapter 34.05 RCW.
(4) The rules under subsection (3) of this section shall
provide for giving consideration to all of the following:
(a) Student educational opportunities as measured by the
percentage of students performing at each level of the statewide mandated assessments and data regarding student attendance, graduation, and dropout rates;
(b) The safety and welfare of pupils. For the purposes of
this subsection, "safety" means freedom or protection from
danger, injury, or damage and "welfare" means a positive
condition or influence regarding health, character, and wellbeing;
(c) The history and relationship of the property affected
to the students and communities affected, including, for
example, the impact of the growth management act and current or proposed urban growth areas, city boundaries, and
master planned communities;
28A.315.205
(2010 Ed.)
Organization and Reorganization of School Districts
(d) Whether or not geographic accessibility warrants a
favorable consideration of a recommended change in school
district organization, including remoteness or isolation of
places of residence and time required to travel to and from
school; and
(e) All funding sources of the affected districts, equalization among school districts of the tax burden for general fund
and capital purposes through a reduction in disparities in per
pupil valuation when all funding sources are considered,
improvement in the economies in the administration and
operation of schools, and the extent the proposed change
would potentially reduce or increase the individual and
aggregate transportation costs of the affected school districts.
(5)(a)(i) A petitioner or school district may appeal a
decision by the regional committee to the superintendent of
public instruction based on the claim that the regional committee failed to follow the applicable statutory and regulatory
procedures or acted in an arbitrary and capricious manner.
Any such appeal shall be based on the record and the appeal
must be filed within thirty days of the final decision of the
regional committee. The appeal shall be heard and determined by an administrative law judge in the office of administrative hearings, based on the standards in (a)(ii) of this subsection.
(ii) If the administrative law judge finds that all applicable procedures were not followed or that the regional committee acted in an arbitrary and capricious manner, the
administrative law judge shall refer the matter back to the
regional committee with an explanation of his or her findings.
The regional committee shall rehear the proposal.
(iii) If the administrative law judge finds that all applicable procedures were followed or that the regional committee
did not act in an arbitrary and capricious manner, depending
on the appeal, the educational service district shall be notified
and directed to implement the changes.
(b) Any school district or citizen petitioner affected by a
final decision of the regional committee may seek judicial
review of the committee’s decision in accordance with RCW
34.05.570. [2008 c 159 § 2; 2006 c 263 § 503; 2003 c 413 §
1; 1999 c 315 § 402.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.315.215 Transfer of territory by agreement or
order—Approval—Order. (1) Upon receipt by the educational service district superintendent of a written agreement
by two or more school districts to the transfer of territory
between the affected districts, the superintendent shall make
an order establishing all approved changes involving the
alteration of the boundaries of the affected districts. The
order shall also establish all approved terms of the equitable
adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to
each county auditor, each county treasurer, each county
assessor, and the superintendents of all school districts
affected by the action.
(2) Upon receipt by the educational service district
superintendent of a written order by the regional committee
approving the transfer of territory between two or more
school districts, the superintendent shall make an order establishing all approved changes involving the alteration of the
28A.315.215
(2010 Ed.)
28A.315.235
boundaries of the affected districts. The order may not be
implemented before the period of appeal authorized under
RCW 28A.315.205(5)(a)(i) has ended. The order shall also
establish all approved terms of the equitable adjustment of
assets and liabilities involving the affected districts. The
superintendent shall certify his or her action to each county
auditor, each county treasurer, each county assessor, and the
superintendents of all school districts affected by the action.
[1999 c 315 § 403.]
28A.315.225 Dissolution and annexation of certain
districts—Annexation of nondistrict property. In case any
school district has an average enrollment of fewer than five
kindergarten through eighth grade pupils during the preceding school year or has not made a reasonable effort to maintain, during the preceding school year at least the minimum
term of school required by law, the educational service district superintendent shall report that fact to the regional committee, which committee shall dissolve the school district and
annex the territory thereof to some other district or districts.
For the purposes of this section, in addition to any other finding, "reasonable effort" shall be deemed to mean the attempt
to make up whatever days are short of the legal requirement
by conducting of school classes on any days to include available holidays, though not to include Saturdays and Sundays,
prior to June 15th of that year. School districts operating an
extended school year program, most commonly implemented
as a 45-15 plan, shall be deemed to be making a reasonable
effort. In the event any school district has suffered any interruption in its normal school calendar due to a strike or other
work stoppage or slowdown by any of its employees that district shall not be subject to this section. In case any territory is
not a part of any school district, the educational service district superintendent shall present to the regional committee a
proposal for the annexation of the territory to some contiguous district or districts. [1999 c 315 § 501.]
28A.315.225
28A.315.235 Consolidation—Petition. (1) A proposed
change in school district organization by consolidation of territory from two or more school districts to form a new school
district may be initiated by:
(a) A written petition presented to the educational service district superintendent signed by ten or more registered
voters residing:
(i) In each whole district and in each part of a district
proposed to be included in any single new district; or
(ii) In the territory of a proposed new district that comprises a part of only one or more districts and approved by the
boards of directors of the affected school districts;
(b) A written petition presented to the educational service district superintendent signed by ten percent or more of
the registered voters residing in such affected areas or area
without the approval of the boards of directors of the affected
school districts.
(2) The petition shall state the name and number of each
district involved in or affected by the proposal to form the
new district and shall describe the boundaries of the proposed
new district. No more than one petition for consolidation of
the same two school districts or parts thereof shall be considered during a school fiscal year.
28A.315.235
[Title 28A RCW—page 149]
28A.315.245
Title 28A RCW: Common School Provisions
(3) The educational service district superintendent may
not complete any consolidation of territory under this section
unless he or she has first called and held a special election of
the voters of the affected districts to afford those voters an
opportunity to approve or reject the proposed consolidation.
A simple majority shall determine approval or rejection.
(4) If a proposed change in school district organization
by consolidation of territory has been approved under this
section, the educational service district superintendent shall
make an order establishing all approved changes involving
the alteration of the boundaries of the affected districts. The
order shall also establish all approved terms of the equitable
adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to
each county auditor, each county treasurer, each county
assessor, and the superintendents of all school districts
affected by the action. [1999 c 315 § 601.]
28A.315.245 Adjustment of assets and liabilities. In
determining an equitable adjustment of assets and liabilities,
the negotiating school districts and the regional committee
shall consider the following factors:
(1) The number of school age children residing in each
school district and in each part of a district involved or
affected by the proposed change in school district organization;
(2) The assessed valuation of the property located in
each school district and in each part of a district involved or
affected by the proposed change in school district organization;
(3) The purpose for which the bonded indebtedness of
any school district involved or affected by the proposed
change in school district organization was incurred;
(4) The history and relationship of the property affected
to the students and communities affected by the proposed
change in school district organization;
(5) Additional burdens to the districts affected by the
proposed change in school district organization as a result of
the proposed organization;
(6) The value, location, and disposition of all improvements located in the school districts involved or affected by
the proposed change in school district organization;
(7) The consideration of all other sources of funding; and
(8) Any other factors that in the judgment of the school
districts or regional committee are important or essential to
the making of an equitable adjustment of assets and liabilities. [1999 c 315 § 701.]
28A.315.245
28A.315.255 Adjustment of indebtedness. (1) The
fact of the issuance of bonds by a school district, heretofore
or hereafter, does not prevent changes in the organization and
extent of school districts, regardless of whether or not such
bonds or any part thereof are outstanding at the time of
change.
(2) In case of any change:
(a) The bonded indebtedness outstanding against any
school district involved in or affected by such change shall be
adjusted equitably among the old school districts and the new
district or districts, if any, involved or affected; and
28A.315.255
[Title 28A RCW—page 150]
(b) The property and other assets and the liabilities other
than bonded indebtedness of any school district involved in
or affected by any such change shall also be adjusted in the
manner and to the effect provided for in this section, except if
all the territory of an old school district is included in a single
new district or is annexed to a single existing district, in
which event the title to the property and other assets and the
liabilities other than bonded indebtedness of the old district
vests in and becomes the assets and liabilities of the new district or of the existing district, as applicable. [1999 c 315 §
702.]
28A.315.265 Adjustment of bonded indebtedness—
Order—Special elections. If adjustments of bonded indebtedness are made between or among school districts in connection with the alteration of the boundaries of the school districts under this chapter, the order of the educational service
district superintendent establishing the terms of adjustment of
bonded indebtedness shall provide and specify:
(1) In every case where bonded indebtedness is transferred from one school district to another school district:
(a) That such bonded indebtedness is assumed by the
school district to which it is transferred;
(b) That thereafter such bonded indebtedness shall be the
obligation of the school district to which it is transferred;
(c) That, if the terms of adjustment so provide, any
bonded indebtedness thereafter incurred by such transferee
school district through the sale of bonds authorized before the
date its boundaries were altered shall be the obligation of
such school district including the territory added thereto; and
(d) That taxes shall be levied thereafter against the taxable property located within such school district as it is constituted after its boundaries were altered, the taxes to be levied at the times and in the amounts required to pay the principal of and the interest on the bonded indebtedness assumed or
incurred, as the same become due and payable.
(2) In computing the debt limitation of any school district from which or to which bonded indebtedness has been
transferred, the amount of transferred bonded indebtedness at
any time outstanding:
(a) Shall be an offset against and deducted from the total
bonded indebtedness, if any, of the school district from which
the bonded indebtedness was transferred; and
(b) Shall be deemed to be bonded indebtedness solely of
the transferee school district that assumed the indebtedness.
(3) In every case where adjustments of bonded indebtedness do not provide for transfer of bonded indebtedness from
one school district to another school district:
(a) That the existing bonded indebtedness of each school
district, the boundaries of which are altered and any bonded
indebtedness incurred by each such school district through
the sale of bonds authorized before the date its boundaries
were altered is the obligation of the school district in its
reduced or enlarged form, as the case may be; and
(b) That taxes shall be levied thereafter against the taxable property located within each such school district in its
reduced or enlarged form, as the case may be, at the times and
in the amounts required to pay the principal of and interest on
such bonded indebtedness as the same become due and payable.
28A.315.265
(2010 Ed.)
Organization and Reorganization of School Districts
(4) If a change in school district organization approved
by the regional committee concerns a proposal to form a new
school district or a proposal for adjustment of bonded indebtedness involving an established school district and one or
more former school districts now included therein pursuant to
a vote of the people concerned, a special election of the voters
residing within the territory of the proposed new district, or
of the established district involved in a proposal for adjustment of bonded indebtedness as the case may be, shall be
held for the purpose of affording those voters an opportunity
to approve or reject such proposals as concern or affect them.
(5) In a case involving both the question of the formation
of a new school district and the question of adjustment of
bonded indebtedness, the questions may be submitted to the
voters either in the form of a single proposition or as separate
propositions, whichever seems expedient to the educational
service district superintendent. When the regional committee
has passed appropriate resolutions for the questions to be
submitted and the educational service district superintendent
has given notice thereof to the county auditor, the special
election shall be called and conducted, and the returns canvassed as in regular school district elections. [1999 c 315 §
703.]
28A.315.275 Notice of elections. Notice of special
elections as provided for in RCW 28A.315.265 shall be given
by the county auditor as provided in *RCW 29.27.080. The
notice of election shall state the purpose for which the election has been called and contain a description of the boundaries of the proposed new district and a statement of any
terms of adjustment of bonded indebtedness on which to be
voted. [1999 c 315 § 704.]
28A.315.275
*Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.52.350, see RCW 29A.52.351.
28A.315.285
28A.315.285 Special election—Determination—
Order—Certification. (1) If a special election is held to
vote on a proposal or alternate proposals to form a new
school district, the votes cast by the registered voters in each
component district shall be tabulated separately. Any such
proposition shall be considered approved only if it receives a
majority of the votes cast in each separate district voting
thereon.
(2) If a special election is held to vote on a proposal for
adjustment of bonded indebtedness, the entire vote cast by
the registered voters of the proposed new district or of the
established district as the case may be shall be tabulated. Any
such proposition shall be considered approved if sixty percent or more of all votes cast thereon are in the affirmative.
(3) In the event of approval of a proposition or propositions voted on at a special election, the educational service
district superintendent shall:
(a) Make an order establishing such new school district
or such terms of adjustment of bonded indebtedness or both,
as were approved by the registered voters and shall also order
such other terms of adjustment, if there are any, of property
and other assets and of liabilities other than bonded indebtedness as have been approved by the state council; and
(2010 Ed.)
28A.315.308
(b) Certify his or her action to the county and school district officials specified in RCW 28A.315.215. The educational service district superintendent may designate, with the
approval of the superintendent of public instruction, a name
and number different from that of any component thereof, but
must designate the new district by name and number different
from any other district in existence in the county.
(4) The educational service district superintendent shall
fix as the effective date of any order or orders he or she is
required to make by this chapter, the date specified in the
order of final approval of any change in the organization and
extent of school districts or of any terms of adjustment of the
assets and liabilities of school districts subject, for taxing purposes, to the redrawing of taxing district boundaries under
RCW 84.09.030, by the regional committee.
(5) Upon receipt of certification under this section, the
superintendent of each school district that is included in the
new district shall deliver to the superintendent of the new
school district those books, papers, documents, records, and
other materials pertaining to the territory transferred. [1999 c
315 § 705.]
28A.315.295 Rejection of proposal. If a proposal for
the formation of a new school district and for adjustment of
bonded indebtedness, or either, is rejected by the registered
voters at a special election, the matter is terminated. [1999 c
315 § 706.]
28A.315.295
2 8A .3 1 5 .3 0 5 Sch oo l d ist r ic t o r g a niza t io na l
changes—Corporate existence—Payment of bonded
indebtedness—Levy authority. (1) Each school district
involved in or affected by any change made in the organization and extent of school districts under this chapter retains its
corporate existence insofar as is necessary for the purpose,
until the bonded indebtedness outstanding against it on and
after the effective date of the change has been paid in full.
This section may not be construed to prevent, after the effective date of the change, such adjustments of bonded indebtedness as are provided for in this chapter.
(2) The county legislative authority shall provide, by
appropriate levies on the taxable property of each school district, for the payment of the bonded indebtedness outstanding
against it after any of the changes or adjustments under this
chapter have been effected.
(3) In case any such changes or adjustments involve a
joint school district, the tax levy for the payment of any
bonded indebtedness outstanding against the joint district,
after the changes or adjustments are effected, shall be made
and the proceeds thereof shall be transmitted, credited, and
paid out in conformity with the provisions of law applicable
to the payment of the bonded indebtedness of joint school
districts. [1999 c 315 § 707.]
28A.315.305
28A.315.308 School district organization changes—
Adjustment of school district assets and liabilities—
School districts in two or more educational service districts. The duties in this chapter imposed upon and required
to be performed by a regional committee and by an educational service district superintendent in connection with a
change in the organization and extent of school districts
28A.315.308
[Title 28A RCW—page 151]
28A.315.315
Title 28A RCW: Common School Provisions
and/or with the adjustment of the assets and liabilities of
school districts and with all matters related to such change or
adjustment whenever territory lying in more than one educational service district is involved shall be performed by the
regional committee and by the superintendent of the educational service district in which is located the part of the proposed or enlarged school district having the largest number of
common school pupils residing therein. Proposals for
changes in the organization and extent of school districts and
proposed terms of adjustment of assets and liabilities thus
prepared and approved shall be submitted to the superintendent of public instruction. [2008 c 159 § 6; 2006 c 263 § 612;
1985 c 385 § 25; 1975 1st ex.s. c 275 § 95; 1973 c 47 § 2;
1969 ex.s. c 176 § 131; 1969 ex.s. c 223 § 28A.57.240. Prior:
1947 c 266 § 26; Rem. Supp. 1947 § 4693-45. Formerly
RCW 28A.323.020, 28A.315.360, 28A.57.240, 28.57.240.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.315.315 Appeal. An appeal may be taken, as provided for in RCW 28A.645.010, to the superior court of the
county in which a school district or any part thereof is situated on any question of adjustment of property and other
assets and of liabilities provided for in this chapter. If the
court finds the terms of the adjustment in question not equitable, the court shall make an adjustment that is equitable.
[1990 c 33 § 305; 1983 c 3 § 34; 1969 ex.s. c 223 §
28A.57.120. Prior: 1947 c 266 § 40; Rem. Supp. 1947 §
4693-59. Formerly RCW 28A.315.210, 28A.57.120,
28.57.120.]
28A.315.315
Boundary change, copy of decision to county assessor: RCW 28A.645.040.
28A.315.901 Part headings and captions not law—
1999 c 315. Part headings and section captions used in this
act are not any part of the law. [1999 c 315 § 808.]
28A.320.100
28A.320.110
28A.320.120
28A.320.125
28A.320.128
28A.320.130
28A.320.135
28A.320.140
28A.320.155
28A.320.160
28A.320.165
28A.320.170
28A.320.175
28A.320.180
28A.320.185
28A.320.190
28A.320.191
PROGRAM EVALUATION
28A.320.230 Instructional materials—Instructional materials committee.
28A.320.240 School library media programs—Stocking of libraries—
Teacher-librarians.
DEPOSIT, INVESTMENT, AND USE OF PROCEEDS
28A.320.300 Investment of funds, including funds received by ESD—
Authority—Procedure.
28A.320.310 Investment of building funds—Restrictions.
28A.320.320 Investment of funds of district—Service fee.
28A.320.330 School funds enumerated—Deposits—Uses.
ELECTORS—QUALIFICATIONS, VOTING PLACE,
AND SPECIAL MEETINGS
28A.315.901
Chapter 28A.320 RCW
PROVISIONS APPLICABLE TO ALL DISTRICTS
Chapter 28A.320
Sections
DISTRICT POWERS AND DUTIES
28A.320.010 Corporate powers.
28A.320.015 School boards of directors—Powers—Notice of adoption of
policy.
28A.320.020 Liability for debts and judgments.
28A.320.025 School district name change.
28A.320.030 Gifts, conveyances, etc., for scholarship and student aid purposes, receipt and administration.
28A.320.035 Contracting out—Board’s powers and duties—Goods and
services.
28A.320.040 Bylaws for board and school government.
28A.320.050 Reimbursement of expenses of directors, other school representatives, and superintendent candidates—Advancing
anticipated expenses.
28A.320.060 Officers, employees or agents of school districts or educational service districts, insurance to protect and hold personally harmless.
28A.320.070 School district as self-insurer—Authority.
28A.320.080 Commencement exercises—Lip reading instruction—Joint
purchasing, including issuing interest bearing warrants
and agreements with private schools—Budgets.
28A.320.090 Preparing and distributing information on district’s instructional program, operation and maintenance—Limitation.
28A.320.092 Unsolicited information about learning programs—Prohibition on providing to persons who file a declaration of
[Title 28A RCW—page 152]
intent to cause a child to receive home-based instruction—
Exceptions.
Actions against officers, employees or agents of school districts and educational service districts—Defense, costs,
fees—Payment of obligation.
Information and research services.
Cooperation with technical colleges—Jurisdiction over property—Administrative charges—Discrimination against
employees of technical colleges prohibited—Dispute resolution.
Safe school plans—Requirements—Duties of school districts, schools, and educational service districts—
Reports—Drills—Rules.
Notice and disclosure policies—Threats of violence—Student conduct—Immunity for good faith notice—Penalty.
Weapons incidents—Reporting.
Telecommunication devices—Limits on possession—Policies.
Schools with special standards—Dress codes.
Criminal history record information—School volunteers.
Alleged sexual misconduct by school employee—Parental
notification—Information on public records act.
Notice of pesticide use.
Curricula—Tribal history and culture.
School data—Collection and submission to the office of the
superintendent of public instruction.
Mathematics college readiness test—Costs.
School gardens or farms.
Extended learning opportunities program.
Program of early learning under RCW 43.215.141.
28A.320.400 Elections—Qualifications of electors—Voting place.
28A.320.410 Elections—Elections to be conducted according to Title 29A
RCW.
28A.320.420 Special meetings of voters—Authorized—Purpose.
28A.320.430 Special meetings of voters—Place, notice, procedure, record.
28A.320.440 Special meetings of voters—Directors to follow electors’
decision.
SUMMER SCHOOL, NIGHT SCHOOL,
EXTRACURRICULAR ACTIVITIES, AND ATHLETICS
28A.320.500 Summer and/or other student vacation period programs—
Authorized—Tuition and fees.
28A.320.510 Night schools, summer schools, meetings, use of facilities
for.
28A.320.520 School credit for participation in youth court.
Assistance of certificated or classified employee—Reimbursement for substitute: RCW 28A.300.035.
DISTRICT POWERS AND DUTIES
28A.320.010 Corporate powers. A school district
shall constitute a body corporate and shall possess all the
usual powers of a public corporation, and in that name and
style may sue and be sued and transact all business necessary
for maintaining school and protecting the rights of the district, and enter into such obligations as are authorized therefor by law. [1969 ex.s. c 223 § 28A.58.010. Prior: (i) 1909 c
97 p 287 § 7, part; RRS § 4782, part; prior: 1897 c 118 § 44,
part; 1891 c 127 § 11, part; 1890 p 366 § 30, part. Formerly
RCW 28.58.040, part. (ii) 1947 c 266 § 6, part; Rem. Supp.
28A.320.010
(2010 Ed.)
Provisions Applicable to all Districts
1947 § 4693-25, part; prior: 1909 c 97 p 265 § 2, part. Formerly RCW 28A.58.010, 28.57.135, 28.58.010.]
28A.320.015 School boards of directors—Powers—
Notice of adoption of policy. (1) The board of directors of
each school district may exercise the following:
(a) The broad discretionary power to determine and
adopt written policies not in conflict with other law that provide for the development and implementation of programs,
activities, services, or practices that the board determines
will:
(i) Promote the education and daily physical activity of
kindergarten through twelfth grade students in the public
schools; or
(ii) Promote the effective, efficient, or safe management
and operation of the school district;
(b) Such powers as are expressly authorized by law; and
(c) Such powers as are necessarily or fairly implied in
the powers expressly authorized by law.
(2) Before adopting a policy under subsection (1)(a) of
this section, the school district board of directors shall comply with the notice requirements of the open public meetings
act, chapter 42.30 RCW, and shall in addition include in that
notice a statement that sets forth or reasonably describes the
proposed policy. The board of directors shall provide a reasonable opportunity for public written and oral comment and
consideration of the comment by the board of directors.
[2005 c 360 § 7; 1992 c 141 § 301.]
28A.320.050
tional service district superintendent, the superintendent of
public instruction, the state board of education, and the secretary of state. [1999 c 101 § 1.]
28A.320.015
Findings—Intent—2005 c 360: See note following RCW 36.70A.070.
Findings—Part headings—Severability—1992 c 141: See note following RCW 28A.410.040.
28A.320.020 Liability for debts and judgments.
Every school district shall be liable for any debts legally due,
and for judgments against the district, and such district shall
pay any such judgment or liability out of the proper school
funds to the credit of the district. [1969 ex.s. c 223 §
28A.58.020. Prior: 1909 c 97 p 287 § 4; RRS § 4779; prior:
1897 c 118 § 41; 1890 p 365 § 27. Formerly RCW
28A.58.020, 28.58.020.]
28A.320.020
28A.320.025 School district name change. (1) The
board of directors may change the name of the school district
if:
(a) Either ten percent of the registered voters of the district file a petition requesting that the name of the school district be changed and submit the proposed new name with the
request to the board or the board passes a motion to hold a
hearing to change the school district name;
(b) After receiving the petition or adopting the motion,
the board holds a hearing within one month after the petition
was submitted to the board. The board shall publish notice of
the hearing and the proposed new name once a week for three
consecutive weeks in a newspaper of general circulation
within the school district. At the hearing, other names may be
proposed and considered by the board without additional
notice requirements; and
(c) A majority of the board votes to adopt the new name.
(2) If the board adopts the new name, the new name shall
be recorded in the school district office and with the educa28A.320.025
(2010 Ed.)
28A.320.030 Gifts, conveyances, etc., for scholarship
and student aid purposes, receipt and administration.
The board of directors of any school district may accept,
receive and administer for scholarship and student aid purposes such gifts, grants, conveyances, devises and bequests
of personal or real property, in trust or otherwise, for the use
or benefit of the school district or its students; and sell, lease,
rent or exchange and invest or expend the same or the proceeds, rents, profits and income thereof according to the
terms and conditions thereof, if any, for the foregoing purposes; and enter into contracts and adopt regulations deemed
necessary by the board to provide for the receipt and expenditure of the foregoing. [1974 ex.s. c 8 § 1. Formerly RCW
28A.58.030.]
28A.320.030
28A.320.035 Contracting out—Board’s powers and
duties—Goods and services. (1) The board of directors of a
school district may contract with other school districts, educational service districts, public or private organizations,
agencies, schools, or individuals to implement the board’s
powers and duties. The board of directors of a school district
may contract for goods and services, including but not limited to contracts for goods and services as specifically authorized in statute or rule, as well as other educational, instructional, and specialized services. When a school district board
of directors contracts for educational, instructional, or specialized services, the purpose of the contract must be to
improve student learning or achievement.
(2) A contract under subsection (1) of this section may
not be made with a religious or sectarian organization or
school where the contract would violate the state or federal
Constitution. [1997 c 267 § 1.]
28A.320.035
28A.320.040 Bylaws for board and school government. Every board of directors shall have power to make
such bylaws for their own government, and the government
of the common schools under their charge, as they deem
expedient, not inconsistent with the provisions of this title, or
rules and regulations of the superintendent of public instruction or the state board of education. [1969 ex.s. c 223 §
28A.58.110. Prior: 1909 c 97 p 287 § 6; RRS § 4781; prior:
1897 c 118 § 43; 1890 p 366 § 29. Formerly RCW
28A.58.110, 28.58.110.]
28A.320.040
28A.320.050 Reimbursement of expenses of directors, other school representatives, and superintendent
candidates—Advancing anticipated expenses. The actual
expenses of school directors in going to, returning from and
attending upon directors’ meetings or other meetings called
or held pursuant to statute shall be paid. Likewise, the
expenses of school superintendents and other school representatives chosen by the directors to attend any conferences
or meetings or to attend to any urgent business at the behest
of the state superintendent of public instruction or the board
of directors shall be paid. The board of directors may pay the
actual and necessary expenses for travel, lodging and meals a
28A.320.050
[Title 28A RCW—page 153]
28A.320.060
Title 28A RCW: Common School Provisions
superintendent candidate incurs when he or she attends an
employment interview in the school district. The school
directors, school superintendents, other school representatives or superintendent candidates may be advanced sufficient sums to cover their anticipated expenses in accordance
with rules and regulations promulgated by the state auditor
and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210. [1977 c 73 § 1;
1969 ex.s. c 26 § 2; 1969 ex.s. c 223 § 28A.58.310. Prior:
1961 c 268 § 15; prior: 1919 c 90 § 6, part; 1909 c 97 p 287
§ 8, part; RRS § 4783, part. Formerly RCW 28A.58.310,
28.58.310.]
28A.320.060 Officers, employees or agents of school
districts or educational service districts, insurance to protect and hold personally harmless. Any school district
board of directors and educational service district board are
authorized to purchase insurance to protect and hold personally harmless any director, officer, employee or agent of the
respective school district or educational service district from
any action, claim or proceeding instituted against him or her
arising out of the performance or failure of performance of
duties for or employment with such institution and to hold
him or her harmless from any expenses connected with the
defense, settlement or monetary judgments from such
actions. [1990 c 33 § 330; 1975 1st ex.s. c 275 § 116; 1972
ex.s. c 142 § 2. Formerly RCW 28A.58.630.]
28A.320.060
28A.320.070 School district as self-insurer—Authority. Any school district board of directors is authorized to
enter into agreements with the board of directors of other
school districts and/or educational service districts to form a
self-insurance group for the purpose of qualifying as a selfinsurer under chapter 51.14 RCW. [1982 c 191 § 10. Formerly RCW 28A.58.410.]
28A.320.070
School districts as self-insurers: RCW 51.14.150 and 51.14.160.
Additional notes found at www.leg.wa.gov
28A.320.080 Commencement exercises—Lip reading
instruction—Joint purchasing, including issuing interest
bearing warrants and agreements with private schools—
Budgets. Every board of directors, unless otherwise specifically provided by law, shall:
(1) Provide for the expenditure of a reasonable amount
for suitable commencement exercises;
(2) In addition to providing free instruction in lip reading
for children disabled by defective hearing, make arrangements for free instruction in lip reading to adults disabled by
defective hearing whenever in its judgment such instruction
appears to be in the best interests of the school district and
adults concerned;
(3) Join with boards of directors of other school districts
or an educational service district pursuant to RCW
28A.310.180(3), or both such school districts and educational
service district in buying supplies, equipment and services by
establishing and maintaining a joint purchasing agency, or
otherwise, when deemed for the best interests of the district,
any joint agency formed hereunder being herewith authorized
and empowered to issue interest bearing warrants in payment
of any obligation owed: PROVIDED, HOWEVER, That
those agencies issuing interest bearing warrants shall assign
accounts receivable in an amount equal to the amount of the
outstanding interest bearing warrants to the county treasurer
issuing such interest bearing warrants: PROVIDED FURTHER, That the joint purchasing agency shall consider the
request of any one or more private schools requesting the
agency to jointly buy supplies, equipment, and services
including but not limited to school bus maintenance services,
and, after considering such request, may cooperate with and
jointly make purchases with private schools of supplies,
equipment, and services, including but not limited to school
bus maintenance services, so long as such private schools pay
in advance their proportionate share of the costs or provide a
surety bond to cover their proportionate share of the costs
involved in such purchases;
(4) Consider the request of any one or more private
schools requesting the board to jointly buy supplies, equipment and services including but not limited to school bus
maintenance services, and, after considering such request,
may provide such joint purchasing services: PROVIDED,
That such private schools pay in advance their proportionate
share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; and
(5) Prepare budgets as provided for in chapter 28A.505
RCW. [1995 c 77 § 21; 1990 c 33 § 331; 1986 c 77 § 1; 1983
c 125 § 1; 1981 c 308 § 1; 1979 ex.s. c 66 § 2; 1971 c 26 § 1;
1969 c 53 § 2; 1969 ex.s. c 223 § 28A.58.107. Prior: 1969 c
53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part;
1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1,
part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1,
part; 1955 c 68 § 2, part; prior: 1943 c 52 § 1, part; 1941 c
179 § 1, part; 1939 c 131 § 1, part; 1925 ex.s. c 57 § 1, part;
1919 c 89 § 3, part; 1915 c 44 § 1, part; 1909 c 97 p 285 § 2,
part; 1907 c 240 § 5, part; 1903 c 104 § 17, part; 1901 c 41 §
3, part; 1897 c 118 § 40, part; 1890 p 364 § 26, part; Rem.
Supp. 1943 § 4776, part. Formerly RCW 28A.58.107,
28.58.100(7), (13) and (14).]
Additional notes found at www.leg.wa.gov
28A.320.080
[Title 28A RCW—page 154]
28A.320.090 Preparing and distributing information
on district’s instructional program, operation and maintenance—Limitation. The board of directors of any school
district shall have authority to authorize the expenditure of
funds for the purpose of preparing and distributing information to the general public to explain the instructional program, operation and maintenance of the schools of the district: PROVIDED, That nothing contained herein shall be
construed to authorize preparation and distribution of information to the general public for the purpose of influencing
the outcome of a school district election. [1969 ex.s. c 283 §
11. Formerly RCW 28A.58.610, 28.58.610.]
28A.320.090
Additional notes found at www.leg.wa.gov
28A.320.092 Unsolicited information about learning
programs—Prohibition on providing to persons who file
a declaration of intent to cause a child to receive homebased instruction—Exceptions. School districts are prohibited from advertising, marketing, and otherwise providing
unsolicited information about learning programs offered by
the school district, including but not limited to digital learn28A.320.092
(2010 Ed.)
Provisions Applicable to all Districts
ing programs, part-time enrollment opportunities, and other
alternative learning programs, to students and their parents
who have filed a declaration of intent to cause a child to
receive home-based instruction under RCW 28A.200.010.
School districts may respond to requests for information that
are initiated by a parent. This section does not apply to general mailings or newsletters sent by the school district to all
households in the district. [2009 c 190 § 1.]
28A.320.100 Actions against officers, employees or
agents of school districts and educational service districts—Defense, costs, fees—Payment of obligation.
Whenever any action, claim or proceeding is instituted
against any director, officer, employee or agent of a school
district or educational service district arising out of the performance or failure of performance of duties for, or employment with any such district, the board of directors of the
school district or educational service district board, as the
case may be, may grant a request by such person that the
prosecuting attorney and/or attorney of the district’s choosing
be authorized to defend said claim, suit or proceeding, and
the costs of defense, attorney’s fees, and any obligation for
payment arising from such action may be paid from the
school district’s general fund, or in the case of an educational
service district, from any appropriation made for the support
of the educational service district, to which said person is
attached: PROVIDED, That costs of defense and/or judgment against such person shall not be paid in any case where
the court has found that such person was not acting in good
faith or within the scope of his or her employment with or
duties for the district. [1990 c 33 § 332; 1975 1st ex.s. c 275
§ 115; 1972 ex.s. c 142 § 1. Formerly RCW 28A.58.620.]
28A.320.100
28A.320.110 Information and research services. For
the purpose of obtaining information on school organization,
administration, operation, finance and instruction, school districts and educational service districts may contract for or
purchase information and research services from public universities, colleges and other public bodies, or from private
individuals or agencies. For the same purpose, school districts and educational service district superintendents may
become members of any nonprofit organization whose principal purpose is to provide such services. Charges payable for
such services and membership fees payable to such organizations may be based on the cost of providing such services, on
the benefit received by the participating school districts measured by enrollment, or on any other reasonable basis, and
may be paid before, during, or after the receipt of such services or the participation as members of such organizations.
[1975 1st ex.s. c 275 § 112; 1971 ex.s. c 93 § 4; 1969 ex.s. c
176 § 142; 1969 ex.s. c 223 § 28A.58.530. Prior: 1963 c 30
§ 1. Formerly RCW 28A.58.530, 28.58.530.]
28A.320.110
Additional notes found at www.leg.wa.gov
28A.320.120 Cooperation with technical colleges—
Jurisdiction over property—Administrative charges—
Discrimination against employees of technical colleges
prohibited—Dispute resolution. As of May 17, 1991,
school districts shall not remove facilities, equipment, or
property from the jurisdiction or use of the technical colleges.
28A.320.120
(2010 Ed.)
28A.320.125
This shall include direct and indirect funds other than those
indirect charges provided for in the 1990-91 appropriations
act. School districts shall not increase direct or indirect
charges for central district administrative support for technical college programs above the percentage rate charged in the
1990-91 school year. This provision on administrative
charges for technical college programs shall apply to any
state and federal grants, tuition, and other revenues generated
by technical college programs. School districts and the superintendent of public instruction shall cooperate fully with the
technical colleges and the state board for community and
technical colleges with regard to the implementation of chapter 238, Laws of 1991. No employee of a technical college
may be discriminated against based on actions or opinions
expressed on issues surrounding chapter 238, Laws of 1991.
Any dispute related to issues contained in this section shall be
resolved under RCW 28B.50.302. [1991 c 238 § 142.]
Additional notes found at www.leg.wa.gov
28A.320.125 Safe school plans—Requirements—
Duties of school districts, schools, and educational service
districts—Reports—Drills—Rules. (1) The legislature
considers it to be a matter of public safety for public schools
and staff to have current safe school plans and procedures in
place, fully consistent with federal law. The legislature further finds and intends, by requiring safe school plans to be in
place, that school districts will become eligible for federal
assistance. The legislature further finds that schools are in a
position to serve the community in the event of an emergency
resulting from natural disasters or man-made disasters.
(2) Schools and school districts shall consider the guidance provided by the superintendent of public instruction,
including the comprehensive school safety checklist and the
model comprehensive safe school plans that include prevention, intervention, all hazard/crisis response, and postcrisis
recovery, when developing their own individual comprehensive safe school plans. Each school district shall adopt, no
later than September 1, 2008, and implement a safe school
plan consistent with the school mapping information system
pursuant to RCW 36.28A.060. The plan shall:
(a) Include required school safety policies and procedures;
(b) Address emergency mitigation, preparedness,
response, and recovery;
(c) Include provisions for assisting and communicating
with students and staff, including those with special needs or
disabilities;
(d) Use the training guidance provided by the Washington emergency management division of the state military
department in collaboration with the Washington state office
of the superintendent of public instruction school safety center and the school safety center advisory committee;
(e) Require the building principal to be certified on the
incident command system;
(f) Take into account the manner in which the school
facilities may be used as a community asset in the event of a
community-wide emergency; and
(g) Set guidelines for requesting city or county law
enforcement agencies, local fire departments, emergency service providers, and county emergency management agencies
28A.320.125
[Title 28A RCW—page 155]
28A.320.128
Title 28A RCW: Common School Provisions
to meet with school districts and participate in safety-related
drills.
(3) To the extent funds are available, school districts
shall annually:
(a) Review and update safe school plans in collaboration
with local emergency response agencies;
(b) Conduct an inventory of all hazardous materials;
(c) Update information on the school mapping information system to reflect current staffing and updated plans,
including:
(i) Identifying all staff members who are trained on the
national incident management system, trained on the incident
command system, or are certified on the incident command
system; and
(ii) Identifying school transportation procedures for
evacuation, to include bus staging areas, evacuation routes,
communication systems, parent-student reunification sites,
and secondary transportation agreements consistent with the
school mapping information system; and
(d) Provide information to all staff on the use of emergency supplies and notification and alert procedures.
(4) To the extent funds are available, school districts
shall annually record and report on the information and activities required in subsection (3) of this section to the Washington association of sheriffs and police chiefs.
(5) School districts are encouraged to work with local
emergency management agencies and other emergency
responders to conduct one tabletop exercise, one functional
exercise, and two full-scale exercises within a four-year
period.
(6) Schools shall conduct no less than one safety-related
drill each month that school is in session. Schools shall complete no less than one drill using the school mapping information system, one drill for lockdowns, one drill for shelter-inplace, and six drills for fire evacuation in accordance with the
state fire code. Schools should consider drills for earthquakes, tsunamis, or other high-risk local events. Schools
shall document the date and time of such drills. This subsection is intended to satisfy all federal requirements for comprehensive school emergency drills and evacuations.
(7) Educational service districts are encouraged to apply
for federal emergency response and crisis management grants
with the assistance of the superintendent of public instruction
and the Washington emergency management division of the
state military department.
(8) The superintendent of public instruction may adopt
rules to implement provisions of this section. These rules
may include, but are not limited to, provisions for evacuations, lockdowns, or other components of a comprehensive
safe school plan. [2009 c 578 § 10; 2007 c 406 § 1; 2002 c
205 § 2.]
Findings—2002 c 205: "Following the tragic events of September 11,
2001, the government’s primary role in protecting the health, safety, and
well-being of its citizens has been underscored. The legislature recognizes
that there is a need to focus on the development and implementation of comprehensive safe school plans for each public school. The legislature recognizes that comprehensive safe school plans for each public school are an
integral part of rebuilding public confidence. In developing these plans, the
legislature finds that a coordinated effort is essential to ensure the most
effective response to any type of emergency. Further, the legislature recognizes that comprehensive safe school plans for each public school are of paramount importance and will help to assure students, parents, guardians,
[Title 28A RCW—page 156]
school employees, and school administrators that our schools provide the
safest possible learning environment." [2002 c 205 § 1.]
Severability—2002 c 205: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 205 § 5.]
Effective dates—2002 c 205 §§ 2, 3, and 4: "(1) Sections 2 and 4 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect immediately [March 27, 2002].
(2) Section 3 of this act takes effect September 1, 2002." [2002 c 205
§ 6.]
28A.320.128 Notice and disclosure policies—Threats
of violence—Student conduct—Immunity for good faith
notice—Penalty. (1) By September 1, 2003, each school
district board of directors shall adopt a policy that addresses
the following issues:
(a) Procedures for providing notice of threats of violence
or harm to the student or school employee who is the subject
of the threat. The policy shall define "threats of violence or
harm";
(b) Procedures for disclosing information that is provided to the school administrators about a student’s conduct,
including but not limited to the student’s prior disciplinary
records, official juvenile court records, and history of violence, to classroom teachers, school staff, and school security
who, in the judgment of the principal, should be notified; and
(c) Procedures for determining whether or not any
threats or conduct established in the policy may be grounds
for suspension or expulsion of the student.
(2) The superintendent of public instruction, in consultation with educators and representatives of law enforcement,
classified staff, and organizations with expertise in violence
prevention and intervention, shall adopt a model policy that
includes the issues listed in subsection (1) of this section by
January 1, 2003. The model policy shall be posted on the
superintendent of public instruction’s web site. The school
districts, in drafting their own policies, shall review the
model policy.
(3) School districts, school district boards of directors,
school officials, and school employees providing notice in
good faith as required and consistent with the board’s policies adopted under this section are immune from any liability
arising out of such notification.
(4) A person who intentionally and in bad faith or maliciously, knowingly makes a false notification of a threat
under this section is guilty of a misdemeanor punishable
under RCW 9A.20.021. [2002 c 206 § 1.]
28A.320.128
28A.320.130 Weapons incidents—Reporting. Each
school district and each private school approved under chapter 28A.195 RCW shall report to the superintendent of public
instruction by January 31st of each year all known incidents
involving the possession of weapons on school premises, on
transportation systems, or in areas of facilities while being
used exclusively by public or private schools, in violation of
RCW 9.41.280 in the year preceding the report. The superintendent shall compile the data and report it to the house of
representatives, the senate, and the governor. [1993 c 347 §
2.]
28A.320.130
(2010 Ed.)
Provisions Applicable to all Districts
28A.320.135 Telecommunication devices—Limits on
possession—Policies. School district boards of directors
may adopt policies that limit the possession of (1) paging
telecommunication devices by students that emit audible signals, vibrate, display a message, or otherwise summons or
delivers a communication to the possessor, and (2) portable
or cellular telephones. [1997 c 266 § 10.]
28A.320.135
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.320.140 Schools with special standards—Dress
codes. (1) School district boards of directors may establish
schools or programs which parents may choose for their children to attend in which: (a) Students are required to conform
to dress and grooming codes, including requiring that students wear uniforms; (b) parents are required to participate in
the student’s education; or (c) discipline requirements are
more stringent than in other schools in the district.
(2) School district boards of directors may establish
schools or programs in which: (a) Students are required to
conform to dress and grooming codes, including requiring
that students wear uniforms; (b) parents are regularly counseled and encouraged to participate in the student’s education; or (c) discipline requirements are more stringent than in
other schools in the district. School boards may require that
students who are subject to suspension or expulsion attend
these schools or programs as a condition of continued enrollment in the school district.
(3) If students are required to wear uniforms in these programs or schools, school districts shall accommodate students so that the uniform requirement is not an unfair barrier
to school attendance and participation.
(4) Nothing in this section impairs or reduces in any
manner whatsoever the authority of a board under other law
to impose a dress and appearance code. However, if a board
requires uniforms under such other authority, it shall accommodate students so that the uniform requirement is not an
unfair barrier to school attendance and participation.
(5) School district boards of directors may adopt dress
and grooming code policies which prohibit students from
wearing gang-related apparel. If a dress and grooming code
policy contains this provision, the school board must also
establish policies to notify students and parents of what clothing and apparel is considered to be gang-related apparel. This
notice must precede any disciplinary action resulting from a
student wearing gang-related apparel.
(6) School district boards of directors may not adopt a
dress and grooming code policy which precludes students
who participate in nationally recognized youth organizations
from wearing organization uniforms on days that the organization has a scheduled activity or prohibit students from
wearing clothing in observance of their religion. [1997 c 266
§ 14; 1994 sp.s. c 7 § 612.]
28A.320.140
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
28A.320.155 Criminal history record information—
School volunteers. If a volunteer alerts a school district that
the volunteer has undergone a criminal records check in
28A.320.155
(2010 Ed.)
28A.320.170
accordance with applicable state law, including RCW
10.97.050, 28A.400.303, 28A.410.010, or 43.43.830 through
43.43.845, within the two years before the time the volunteer
is volunteering in the school, then the school may request that
the volunteer furnish the school with a copy of the criminal
history record information or sign a release to the business,
school, organization, criminal justice agency, or juvenile justice or care agency, or other state agency that originally
obtained the criminal history record information to permit the
record information to be shared with the school. Once the
school requests the information from the business, school,
organization, or agency the information shall be furnished to
the school. Any business, school, organization, agency, or its
employee or official that shares the criminal history record
information with the requesting school in accordance with
this section is immune from criminal and civil liability for
dissemination of the information.
If the criminal history record information is shared, the
school must require the volunteer to sign a disclosure statement indicating that there has been no conviction since the
completion date of the most recent criminal background
inquiry. [1999 c 21 § 1.]
28A.320.160 Alleged sexual misconduct by school
employee—Parental notification—Information on public
records act. School districts must, at the first opportunity
but in all cases within forty-eight hours of receiving a report
alleging sexual misconduct by a school employee, notify the
parents of a student alleged to be the victim, target, or recipient of the misconduct. School districts shall provide parents
with information regarding their rights under the public
records act, chapter 42.56 RCW, to request the public records
regarding school employee discipline. This information shall
be provided to all parents on an annual basis. [2005 c 274 §
244; 2004 c 29 § 3.]
28A.320.160
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Findings—2004 c 29: See note following RCW 28A.400.301.
28A.320.165 Notice of pesticide use. Schools as
defined in RCW 17.21.415 shall provide notice of pesticide
use to parents or guardians of students and employees pursuant to chapter 17.21 RCW, upon the request of the parent or
guardian. [2009 c 556 § 12; 2001 c 333 § 4.]
28A.320.165
Effective date—2001 c 333: See note following RCW 17.21.020.
28A.320.170 Curricula—Tribal history and culture.
(1) Each school district board of directors is encouraged to
incorporate curricula about the history, culture, and government of the nearest federally recognized Indian tribe or tribes,
so that students learn about the unique heritage and experience of their closest neighbors. School districts near Washington’s borders are encouraged to include federally recognized Indian tribes whose traditional lands and territories
included parts of Washington, but who now reside in Oregon,
Idaho, and British Columbia. School districts and tribes are
encouraged to work together to develop such curricula.
(2) As they conduct regularly scheduled reviews and
revisions of their social studies and history curricula, school
districts are encouraged to collaborate with any federally rec28A.320.170
[Title 28A RCW—page 157]
28A.320.175
Title 28A RCW: Common School Provisions
ognized Indian tribe within their district, and with neighboring Indian tribes, to incorporate expanded and improved curricular materials about Indian tribes, and to create programs
of classroom and community cultural exchanges.
(3) School districts are encouraged to collaborate with
the office of the superintendent of public instruction on curricular areas regarding tribal government and history that are
statewide in nature, such as the concept of tribal sovereignty
and the history of federal policy towards federally recognized
Indian tribes. The program of Indian education within the
office of the superintendent of public instruction is encouraged to help local school districts identify federally recognized Indian tribes whose reservations are in whole or in part
within the boundaries of the district and/or those that are
nearest to the school district. [2005 c 205 § 4.]
Intent—Findings—2005 c 205: "It is the intent of the legislature to
promote the full success of the centennial accord, which was signed by state
and tribal government leaders in 1989. As those leaders declared in the subsequent millennial accord in 1999, this will require "educating the citizens of
our state, particularly the youth who are our future leaders, about tribal history, culture, treaty rights, contemporary tribal and state government institutions and relations and the contribution of Indian nations to the state of
Washington." The legislature recognizes that this goal has yet to be achieved
in most of our state’s schools and districts. As a result, Indian students may
not find the school curriculum, especially Washington state history curriculum, relevant to their lives or experiences. In addition, many students may
remain uninformed about the experiences, contributions, and perspectives of
their tribal neighbors, fellow citizens, and classmates. The legislature further
finds that the lack of accurate and complete curricula may contribute to the
persistent achievement gap between Indian and other students. The legislature finds there is a need to establish collaborative government-to-government relationships between elected school boards and tribal councils to create local and/or regional curricula about tribal history and culture, and to promote dialogue and cultural exchanges that can help tribal leaders and school
leaders implement strategies to close the achievement gap." [2005 c 205 §
1.]
28A.320.175
28A.320.175 School data—Collection and submission to the office of the superintendent of public instruction. No later than the beginning of the 2008-09 school year
and thereafter, each school district shall collect and electronically submit to the office of the superintendent of public
instruction, in a format and according to a schedule prescribed by the office, the following data for each class or
course offered in each school:
(1) The certification number or other unique identifier
associated with the teacher’s certificate for each teacher
assigned to teach the class or course, including reassignments
that may occur during the school year; and
(2) The statewide student identifier for each student
enrolled in or being provided services through the class or
course. [2007 c 401 § 4.]
Findings—2007 c 401: See note following RCW 28A.300.500.
(2) Subject to funding appropriated for this purpose, the
office of the superintendent of public instruction shall reimburse each district for the costs incurred by the district in providing students the opportunity to take the mathematics
placement test.
(3) This section is suspended until July 1, 2011. [2009 c
556 § 13; 2007 c 396 § 11.]
Expiration date—2009 c 556 §§ 11, 13, and 15: See note following
RCW 28A.300.525.
Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28A.320.180 Mathematics college readiness test—
Costs. (Effective July 1, 2011.) (1) Subject to funding
appropriated for this purpose and beginning in the fall of
2009, school districts shall provide all high school students
enrolled in the district the option of taking the mathematics
college readiness test developed under RCW 28B.10.679
once at no cost to the students. Districts shall encourage, but
not require, students to take the test in their junior or senior
year of high school.
(2) Subject to funding appropriated for this purpose, the
office of the superintendent of public instruction shall reimburse each district for the costs incurred by the district in providing students the opportunity to take the mathematics
placement test. [2007 c 396 § 11.]
28A.320.180
Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28A.320.185 School gardens or farms. (1) School districts may operate school gardens or farms, as appropriate, for
the purpose of growing fruits and vegetables to be used for
educational purposes and, where appropriate, to be offered to
students through the district nutrition services meal and snack
programs. All such foods used in the district’s meal and
snack programs shall meet appropriate safety standards.
(2) If a school operates a school garden or farm, students
representing various student organizations, including but not
limited to vocational programs such as the FFA and 4-H,
shall be given the opportunity to be involved in the operation
of a school garden or farm.
(3) When school gardens or farms are used to educate
students about agricultural practices, students shall be
afforded the opportunity to learn about both organic and conventional growing methods. [2008 c 215 § 7.]
28A.320.185
Findings—Intent—Short title—Captions not law—Conflict with
federal requirements—2008 c 215: See notes following RCW 15.64.060.
28A.320.190 Extended learning opportunities program. (1) The extended learning opportunities program is
created for eligible eleventh and twelfth grade students who
are not on track to meet local or state graduation requirements
as well as eighth grade students who need additional assistance in order to have the opportunity for a successful entry
into high school. The program shall provide early notification of graduation status and information on education opportunities including preapprenticeship programs that are available.
28A.320.190
28A.320.180
28A.320.180 Mathematics college readiness test—
Costs. (Expires July 1, 2011.) (1) Subject to funding appropriated for this purpose and beginning in the fall of 2009,
school districts shall provide all high school students enrolled
in the district the option of taking the mathematics college
readiness test developed under RCW 28B.10.679 once at no
cost to the students. Districts shall encourage, but not
require, students to take the test in their junior or senior year
of high school.
[Title 28A RCW—page 158]
(2010 Ed.)
Provisions Applicable to all Districts
(2) Under the extended learning opportunities program
and to the extent funds are available for that purpose, districts
shall make available to students in grade twelve who have
failed to meet one or more local or state graduation requirements the option of continuing enrollment in the school district in accordance with RCW 28A.225.160. Districts are
authorized to use basic education program funding to provide
instruction to eligible students under *RCW 28A.150.220(3).
(3) Under the extended learning opportunities program,
instructional services for eligible students can occur during
the regular school day, evenings, on weekends, or at a time
and location deemed appropriate by the school district,
including the educational service district, in order to meet the
needs of these students. Instructional services provided
under this section do not include services offered at private
schools. Instructional services can include, but are not limited to, the following:
(a) Individual or small group instruction;
(b) Instruction in English language arts and/or mathematics that eligible students need to pass all or part of the
Washington assessment of student learning;
(c) Attendance in a public high school or public alternative school classes or at a skill center;
(d) Inclusion in remediation programs, including summer school;
(e) Language development instruction for English language learners;
(f) Online curriculum and instructional support, including programs for credit retrieval and Washington assessment
of student learning preparatory classes; and
(g) Reading improvement specialists available at the
educational service districts to serve eighth, eleventh, and
twelfth grade educators through professional development in
accordance with RCW 28A.415.350. The reading improvement specialist may also provide direct services to eligible
students and those students electing to continue a fifth year in
a high school program who are still struggling with basic
reading skills. [2009 c 578 § 2; 2008 c 321 § 3.]
*Reviser’s note: RCW 28A.150.220 was amended by 2009 c 548 §
104, changing subsection (3) to subsection (5).
Findings—2008 c 321: See note following RCW 28A.655.061.
28A.320.191 Program of early learning under RCW
43.215.141. For the program of early learning established in
RCW 43.215.141, school districts:
(1) Shall work cooperatively with program providers to
coordinate the transition from preschool to kindergarten so
that children and their families are well-prepared and supported; and
(2) May contract with the department of early learning to
deliver services under the program. [2010 c 231 § 5.]
28A.320.191
PROGRAM EVALUATION
28A.320.230 Instructional materials—Instructional
materials committee. Every board of directors, unless otherwise specifically provided by law, shall:
(1) Prepare, negotiate, set forth in writing and adopt, policy relative to the selection or deletion of instructional materials. Such policy shall:
28A.320.230
(2010 Ed.)
28A.320.230
(a) State the school district’s goals and principles relative
to instructional materials;
(b) Delegate responsibility for the preparation and recommendation of teachers’ reading lists and specify the procedures to be followed in the selection of all instructional materials including text books;
(c) Establish an instructional materials committee to be
appointed, with the approval of the school board, by the
school district’s chief administrative officer. This committee
shall consist of representative members of the district’s professional staff, including representation from the district’s
curriculum development committees, and, in the case of districts which operate elementary school(s) only, the educational service district superintendent, one of whose responsibilities shall be to assure the correlation of those elementary
district adoptions with those of the high school district(s)
which serve their children. The committee may include parents at the school board’s discretion: PROVIDED, That parent members shall make up less than one-half of the total
membership of the committee;
(d) Provide for reasonable notice to parents of the opportunity to serve on the committee and for terms of office for
members of the instructional materials committee;
(e) Provide a system for receiving, considering and acting upon written complaints regarding instructional materials
used by the school district;
(f) Provide free text books, supplies and other instructional materials to be loaned to the pupils of the school, when,
in its judgment, the best interests of the district will be subserved thereby and prescribe rules and regulations to preserve
such books, supplies and other instructional materials from
unnecessary damage.
Recommendation of instructional materials shall be by
the district’s instructional materials committee in accordance
with district policy. Approval or disapproval shall be by the
local school district’s board of directors.
Districts may pay the necessary travel and subsistence
expenses for expert counsel from outside the district. In addition, the committee’s expenses incidental to visits to observe
other districts’ selection procedures may be reimbursed by
the school district.
Districts may, within limitations stated in board policy,
use and experiment with instructional materials for a period
of time before general adoption is formalized.
Within the limitations of board policy, a school district’s
chief administrator may purchase instructional materials to
meet deviant needs or rapidly changing circumstances.
(2) Establish a depreciation scale for determining the
value of texts which students wish to purchase. [1989 c 371
§ 1; 1979 ex.s. c 134 § 2; 1975 1st ex.s. c 275 § 109; 1971 c
48 § 29; 1969 ex.s. c 223 § 28A.58.103. Prior: 1969 c 53 § 1,
part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s.
c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c
305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955
c 68 § 2, part. Formerly RCW 28A.58.103, 28.58.100 (8) and
(9).]
Disposal of obsolete or surplus reading materials by school districts and
libraries: RCW 39.33.070.
Surplus texts and other educational aids, notice of availability—Student priority as to texts: RCW 28A.335.180.
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 159]
28A.320.240
Title 28A RCW: Common School Provisions
28A.320.240 School library media programs—
Stocking of libraries—Teacher-librarians. (1) The purpose of this section is to identify quality criteria for school
library media programs that support the student learning
goals under RCW 28A.150.210, the essential academic learning requirements under RCW 28A.655.070, and high school
graduation requirements adopted under RCW 28A.230.090.
(2) Every board of directors shall provide for the operation and stocking of such libraries as the board deems necessary for the proper education of the district’s students or as
otherwise required by law or rule of the superintendent of
public instruction.
(3) "Teacher-librarian" means a certified teacher with a
library media endorsement under rules adopted by the professional educator standards board.
(4) "School-library media program" means a schoolbased program that is staffed by a certificated teacher-librarian and provides a variety of resources that support student
mastery of the essential academic learning requirements in all
subject areas and the implementation of the district’s school
improvement plan.
(5) The teacher-librarian, through the school-library
media program, shall collaborate as an instructional partner
to help all students meet the content goals in all subject areas,
and assist high school students completing the culminating
project and high school and beyond plans required for graduation. [2006 c 263 § 914; 1969 ex.s. c 223 § 28A.58.104.
Prior: (i) 1909 c 97 p 299 § 7; RRS § 4817. Formerly RCW
28.63.040. (ii) 1909 c 97 p 302 § 7; RRS § 4829. Formerly
RCW 28A.58.104, 28.63.042.]
28A.320.240
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
DEPOSIT, INVESTMENT, AND USE OF PROCEEDS
28A.320.300 Investment of funds, including funds
received by ESD—Authority—Procedure. Any common
school district board of directors is empowered to direct and
authorize, and to delegate authority to an employee, officer,
or agent of the common school district or the educational service district to direct and authorize, the county treasurer to
in v e s t f u n d s d e s c r ib e d in RC W 2 8 A . 3 2 0 . 3 1 0 a n d
28A.320.320 and funds from state and federal sources as are
then or thereafter received by the educational service district,
and such funds from county sources as are then or thereafter
received by the county treasurer, for distribution to the common school districts. Funds from state, county and federal
sources which are so invested may be invested only for the
period the funds are not required for the immediate necessities of the common school district as determined by the
school district board of directors or its delegatee, and shall be
invested in behalf of the common school district pursuant to
the terms of RCW 28A.320.310, 28A.320.320, 36.29.020,
36.29.022, or 36.29.024 as the nature of the funds shall dictate. A grant of authority by a common school district pursuant to this section shall be by resolution of the board of directors and shall specify the duration and extent of the authority
so granted. Any authority delegated to an educational service
district pursuant to this section may be redelegated pursuant
to RCW 28A.310.220. [1999 c 18 § 1; 1990 c 33 § 335; 1982
c 191 § 5; 1975 c 47 § 1. Formerly RCW 28A.58.430.]
28A.320.300
[Title 28A RCW—page 160]
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
Additional notes found at www.leg.wa.gov
28A.320.310 Investment of building funds—Restrictions. The board of directors of any school district of the
state of Washington which now has, or hereafter shall have,
funds in the capital projects fund of the district in the office of
the county treasurer which in the judgment of said board are
not required for the immediate necessities of the district, may
invest and reinvest all, or any part, of such funds pursuant to
RCW 35.39.030, 36.29.020, 36.29.022, 36.29.024,
39.59.020, 39.59.030, and 43.84.080: PROVIDED, That
nothing herein authorized, or the type and character of the
securities thus specified, shall have in itself the effect of
delaying any program of building for which said funds shall
have been authorized. Said funds and said securities and the
profit and interest thereon, and the proceeds thereof, shall be
held by the county treasurer to the credit and benefit of the
capital projects fund of the district in the county treasurer’s
office. [1999 c 18 § 2; 1990 c 33 § 336; 1985 c 7 § 95; 1971
c 8 § 4. Prior: 1945 c 29 § 1. Formerly RCW 28A.58.435.]
28A.320.310
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
Additional notes found at www.leg.wa.gov
28A.320.320 Investment of funds of district—Service
fee. The county treasurer, or the trustee, guardian, or any
other custodian of any school fund, when authorized to do so
by the board of directors of any school district, shall invest or
reinvest any school funds of such district in investment securities pursuant to RCW 36.29.020 and 36.29.022. The county
treasurer shall have the power to select the particular investment in which said funds may be invested. All earnings and
income from such investments shall inure to the benefit of
any school fund designated by the board of directors of the
school district which such board may lawfully designate:
PROVIDED, That any interest or earnings being credited to a
fund different from that which earned the interest or earnings
shall only be expended for instructional supplies, equipment
or capital outlay purposes. This section shall apply to all
funds which may be lawfully so invested or reinvested which
in the judgment of the school board are not required for the
immediate necessities of the district.
Five percent of the interest or earnings, with an annual
minimum of ten dollars or annual maximum of fifty dollars,
on any transactions authorized by each resolution of the
board of school directors shall be paid as an investment service fee to the office of county treasurer when the interest or
earnings becomes available to the school district or an
amount as determined pursuant to RCW 36.29.022 and
36.29.024. [1999 c 18 § 3; 1983 c 66 § 1; 1969 ex.s. c 223 §
28A.58.440. Prior: 1965 c 111 § 1; 1961 c 123 § 1. Formerly
RCW 28A.58.440, 28.58.440.]
28A.320.320
Investment of idle building funds—1945 act: 1945 c 29 § 1.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
Additional notes found at www.leg.wa.gov
28A.320.330 School funds enumerated—Deposits—
Uses. School districts shall establish the following funds in
addition to those provided elsewhere by law:
28A.320.330
(2010 Ed.)
Provisions Applicable to all Districts
(1) A general fund for maintenance and operation of the
school district to account for all financial operations of the
school district except those required to be accounted for in
another fund.
(2) A capital projects fund shall be established for major
capital purposes. All statutory references to a "building
fund" shall mean the capital projects fund so established.
Money to be deposited into the capital projects fund shall
include, but not be limited to, bond proceeds, proceeds from
excess levies authorized by RCW 84.52.053, state apportionment proceeds as authorized by RCW 28A.150.270, earnings
from capital projects fund investments as authorized by RCW
28A.320.310 and 28A.320.320, and state forest revenues
transferred pursuant to subsection (3) of this section.
Money derived from the sale of bonds, including interest
earnings thereof, may only be used for those purposes
described in RCW 28A.530.010, except that accrued interest
paid for bonds shall be deposited in the debt service fund.
Money to be deposited into the capital projects fund shall
include but not be limited to rental and lease proceeds as
authorized by RCW 28A.335.060, and proceeds from the sale
of real property as authorized by RCW 28A.335.130.
Money legally deposited into the capital projects fund
from other sources may be used for the purposes described in
RCW 28A.530.010, and for the purposes of:
(a) Major renovation and replacement of facilities and
systems where periodical repairs are no longer economical or
extend the useful life of the facility or system beyond its original planned useful life. Such renovation and replacement
shall include, but shall not be limited to, major repairs, exterior painting of facilities, replacement and refurbishment of
roofing, exterior walls, windows, heating and ventilating systems, floor covering in classrooms and public or common
areas, and electrical and plumbing systems.
(b) Renovation and rehabilitation of playfields, athletic
fields, and other district real property.
(c) The conduct of preliminary energy audits and energy
audits of school district buildings. For the purpose of this
section:
(i) "Preliminary energy audits" means a determination of
the energy consumption characteristics of a building, including the size, type, rate of energy consumption, and major
energy using systems of the building.
(ii) "Energy audit" means a survey of a building or complex which identifies the type, size, energy use level, and
major energy using systems; which determines appropriate
energy conservation maintenance or operating procedures
and assesses any need for the acquisition and installation of
energy conservation measures, including solar energy and
renewable resource measures.
(iii) "Energy capital improvement" means the installation, or modification of the installation, of energy conservation measures in a building which measures are primarily
intended to reduce energy consumption or allow the use of an
alternative energy source.
(d) Those energy capital improvements which are identified as being cost-effective in the audits authorized by this
section.
(e) Purchase or installation of additional major items of
equipment and furniture: PROVIDED, That vehicles shall
not be purchased with capital projects fund money.
(2010 Ed.)
28A.320.330
(f)(i) Costs associated with implementing technology
systems, facilities, and projects, including acquiring hardware, licensing software, and online applications and training
related to the installation of the foregoing. However, the software or applications must be an integral part of the district’s
technology systems, facilities, or projects.
(ii) Costs associated with the application and modernization of technology systems for operations and instruction
including, but not limited to, the ongoing fees for online
applications, subscriptions, or software licenses, including
upgrades and incidental services, and ongoing training
related to the installation and integration of these products
and services. However, to the extent the funds are used for
the purpose under this subsection (2)(f)(ii), the school district
shall transfer to the district’s general fund the portion of the
capital projects fund used for this purpose. The office of the
superintendent of public instruction shall develop accounting
guidelines for these transfers in accordance with internal revenue service regulations.
(g) Major equipment repair, painting of facilities, and
other major preventative maintenance purposes. However, to
the extent the funds are used for the purpose under this subsection (2)(g), the school district shall transfer to the district’s
general fund the portion of the capital projects fund used for
this purpose. The office of the superintendent of public
instruction shall develop accounting guidelines for these
transfers in accordance with internal revenue service regulations. Based on the district’s most recent two-year history of
general fund maintenance expenditures, funds used for this
purpose may not replace routine annual preventive maintenance expenditures made from the district’s general fund.
(3) A debt service fund to provide for tax proceeds, other
revenues, and disbursements as authorized in chapter 39.44
RCW. State forest land revenues that are deposited in a
school district’s debt service fund pursuant to RCW
79.64.110 and to the extent not necessary for payment of debt
service on school district bonds may be transferred by the
school district into the district’s capital projects fund.
(4) An associated student body fund as authorized by
RCW 28A.325.030.
(5) Advance refunding bond funds and refunded bond
funds to provide for the proceeds and disbursements as
authorized in chapter 39.53 RCW. [2009 c 460 § 1. Prior:
2007 c 503 § 2; 2007 c 129 § 2; 2002 c 275 § 2; 1990 c 33 §
337; 1983 c 59 § 13; 1982 c 191 § 6; 1981 c 250 § 2. Formerly RCW 28A.58.441.]
Intent—2007 c 129: "The legislature recognizes that technology has
become an integral part of the facilities and educational delivery systems in
our schools. In order to prepare our state’s students to participate fully in our
state’s economy, school districts are making substantial capital investments
in their technology systems, facilities, and projects. Districts are implementing, applying, and modernizing their technology systems. Software companies are shifting from selling software as a one-time package to a license or
an extended contractual relationship requiring a subscription and ongoing
payments. School districts must be empowered to respond to the changing
business models in the software industry and be given flexibility and authority to use capital projects funds to pay for licenses or online application fees.
It is the intent of the legislature that these investments be deemed major capital purpose and are also permitted uses of the district’s two to six-year levies
authorized by RCW 84.52.053." [2007 c 129 § 1.]
Declaration—2002 c 275: "The legislature recognizes and acknowledges that technology has become an integral part of the facilities and educational delivery systems in our schools. In order to prepare our state’s students to participate fully in our state’s economy, substantial capital invest[Title 28A RCW—page 161]
28A.320.400
Title 28A RCW: Common School Provisions
ments must continue to be made in our schools’ comprehensive technology
systems, facilities, and projects. These investments are declared to be a
major capital purpose." [2002 c 275 § 1.]
Additional notes found at www.leg.wa.gov
ELECTORS—QUALIFICATIONS, VOTING PLACE,
AND SPECIAL MEETINGS
28A.320.400 Elections—Qualifications of electors—
Voting place. Qualifications of electors at all school elections shall be the same as at a general state or county election.
Except as otherwise provided by law, only those electors
residing within the district shall be entitled to vote, and an
elector may vote only at the polling place designated by the
proper election official. [1969 ex.s. c 223 § 28A.58.520.
Prior: 1941 c 12 § 1; Rem. Supp. 1941 § 5025-1. Formerly
RCW 28A.58.520, 28.58.520.]
28A.320.400
director present, shall be chairman of the meeting: PROVIDED, That in the absence of one or all of said officials, the
qualified electors present may elect a chairman or secretary,
or both chairman and secretary, of said meeting as occasion
may require, from among their number. The secretary of the
meeting shall make a record of the proceedings of the meeting, and when the secretary of such meeting has been elected
by the qualified voters present, he or she shall within ten days
thereafter, file the record of the proceedings, duly certified,
with the superintendent of the district, and said records shall
become a part of the records of the district, and be preserved
as other records. [1990 c 33 § 338; 1969 ex.s. c 223 §
28A.58.380. Prior: 1909 c 97 p 350 § 2; RRS § 5029; prior:
1897 c 118 § 157. Formerly RCW 28A.58.380, 28.58.380,
28.58.390, part.]
28A.320.440
28A.320.410 Elections—Elections to be conducted
according to Title 29A RCW. All school district elections,
regular or special, shall be conducted according to the election laws of the state as contained in *Title 29 RCW, and in
the event of a conflict as to the application of the laws of this
title or *Title 29 RCW, the latter shall prevail. [1969 ex.s. c
223 § 28A.58.521. Prior: 1965 c 123 § 8. Formerly RCW
28A.58.521, 28.58.521.]
28A.320.410
*Reviser’s note: Title 29 RCW was repealed and/or recodified in its
entirety pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW.
28A.320.420 Special meetings of voters—Authorized—Purpose. Any board of directors at its discretion
may, and, upon a petition of a majority of the legal voters of
their district, shall call a special meeting of the voters of the
district, to determine the length of time in excess of the minimum length of time prescribed by law that such school shall
be maintained in the district during the year; to determine
whether or not the district shall purchase any schoolhouse
site or sites, and to determine the location thereof; or to determine whether or not the district shall build one or more
schoolhouses or school facilities; or to determine whether or
not the district shall sell any real or personal property belonging to the district, borrow money or establish and maintain a
school district library. [1982 c 158 § 4; 1969 ex.s. c 223 §
28A.58.370. Prior: 1909 c 97 p 349 § 1; RRS § 5028; prior:
1901 c 177 § 18; 1897 c 118 § 156. Formerly RCW
28A.58.370, 28.58.370.]
28A.320.420
Additional notes found at www.leg.wa.gov
28A.320.430 Special meetings of voters—Place,
notice, procedure, record. All such special meetings shall
be held at such schoolhouse or place as the board of directors
may determine. The voting shall be by ballot, the ballots to be
of white paper of uniform size and quality. At least ten days’
notice of such special meeting shall be given by the school
district superintendent, in the manner that notice is required
to be given of the annual school election, which notice shall
state the object or objects for which the meeting is to be held,
and no other business shall be transacted at such meeting than
such as is specified in the notice. The school district superintendent shall be the secretary of the meeting, and the chairman of the board of directors or, in his absence, the senior
28A.320.430
[Title 28A RCW—page 162]
28A.320.440 Special meetings of voters—Directors to
follow electors’ decision. It shall be the duty of every board
of directors to carry out the directions of the electors of their
districts as expressed at any such meeting. [1969 ex.s. c 223
§ 28A.58.390. Prior: 1909 c 97 p 350 § 3; RRS § 5030; prior:
1897 c 118 § 158. Formerly RCW 28A.58.390, 28.58.390.]
SUMMER SCHOOL, NIGHT SCHOOL,
EXTRACURRICULAR ACTIVITIES, AND ATHLETICS
28A.320.500
28A.320.500 Summer and/or other student vacation
period programs—Authorized—Tuition and fees. Every
school district board of directors is authorized to establish
and operate summer and/or other student vacation period programs and to assess such tuition and special fees as it deems
necessary to offset the maintenance and operation costs of
such programs in whole or part. A summer and/or other student vacation period program may consist of such courses
and activities as the school district board shall determine to
be appropriate: PROVIDED, That such courses and activities shall not conflict with the provisions of RCW
28A.305.130. Attendance shall be voluntary. [1990 c 33 §
339; 1974 ex.s. c 161 § 1. Formerly RCW 28A.58.080.]
28A.320.510
28A.320.510 Night schools, summer schools, meetings, use of facilities for. Every board of directors, unless
otherwise specifically provided by law, shall:
(1) Authorize school facilities to be used for night
schools and establish and maintain the same whenever
deemed advisable;
(2) Authorize school facilities to be used for summer
schools or for meetings, whether public, literary, scientific,
religious, political, mechanical, agricultural or whatever,
upon approval of the board under such rules or regulations as
the board of directors may adopt, which rules or regulations
may require a reasonable rental for the use of such facilities.
[1969 ex.s. c 223 § 28A.58.105. Prior: 1969 c 53 § 1, part;
1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49
§ 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305
§ 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68
§ 2, part. Formerly RCW 28A.58.105, 28.58.100 (10) and
(12).]
(2010 Ed.)
Joint School Districts—School Districts in Two or More Educational Service Districts
28A.320.520 School credit for participation in youth
court. Local school boards may provide for school credit for
participation as a member of a youth court as defined in RCW
3.72.005 or 13.40.020 or a student court pursuant to RCW
28A.300.420. [2002 c 237 § 18.]
28A.320.520
Chapter 28A.323
Chapter 28A.323 RCW
JOINT SCHOOL DISTRICTS—SCHOOL DISTRICTS
IN TWO OR MORE EDUCATIONAL
SERVICE DISTRICTS
Sections
28A.323.010
28A.323.040
28A.323.050
28A.323.060
28A.323.070
28A.323.080
28A.323.090
28A.323.100
Joint school districts—Defined—Designation.
Joint school districts—Designation of county to which
joint school district belongs.
Joint school districts—Elections for director.
Joint school districts—Directors—Vacancies.
Joint school districts—Powers and duties.
Joint school districts—Assessed valuation—Certification.
Joint school districts—Levy of tax.
Joint school districts—Levy of tax—Remittance to district
treasurer.
28A.323.010 Joint school districts—Defined—Designation. Any school district composed of territory lying in
more than one county shall be known as a joint school district, and shall be designated by number in accordance with
rules and regulations promulgated under *RCW
28A.305.150. [1990 c 33 § 309; 1973 c 47 § 1; 1969 ex.s. c
223 § 28A.57.230. Prior: 1947 c 266 § 25; Rem. Supp. 1947
§ 4693-44; prior: 1909 c 97 p 264 § 6; RRS § 4699; prior:
1897 c 118 § 13. Formerly RCW 28A.315.350, 28A.57.230,
28.57.230.]
28A.323.010
*Reviser’s note: RCW 28A.305.150 was repealed by 1999 c 315 §
801. Later enactment, see RCW 28A.300.065.
Additional notes found at www.leg.wa.gov
28A.323.040 Joint school districts—Designation of
county to which joint school district belongs. For all purposes essential to the maintenance, operation, and administration of the schools of a district, including the apportionment of current state and county school funds, the county in
which a joint school district shall be considered as belonging
shall be as designated by the superintendent of public instruction. Prior to making such designation, the superintendent of
public instruction shall hold at least one public hearing on the
matter, at which time the recommendation of the joint school
district shall be presented and, in addition to such recommendation, the superintendent shall consider the following prior
to its designation:
(1) Service needs of such district;
(2) Availability of services;
(3) Geographic location of district and servicing agencies; and
(4) Relationship to contiguous school districts. [2006 c
263 § 613; 1973 c 47 § 3; 1969 ex.s. c 223 § 28A.57.250.
Prior: 1947 c 266 § 27; Rem. Supp. 1947 § 4693-46. Formerly RCW 28A.315.380, 28A.57.250, 28.57.250.]
28A.323.040
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28A.323.070
28A.323.050
28A.323.050 Joint school districts—Elections for
director. The registered voters residing within a joint school
district shall be entitled to vote on the office of school director of their district.
Jurisdiction of any such election shall rest with the
county auditor of the county administering such joint district
as provided in *RCW 28A.315.380.
At each general election, or upon approval of a request
for a special election as provided for in **RCW 29.13.020,
such county auditor shall:
(1) See that there shall be at least one polling place in
each county;
(2) At least twenty days prior to the elections concerned,
certify in writing to the superintendent of the school district
the number and location of the polling places established by
such auditor for such regular or special elections; and
(3) Do all things otherwise required by law for the conduct of such election.
It is the intention of this section that the qualified electors of a joint school district shall not be forced to go to a different polling place on the same day when other elections are
being held to vote for school directors of their district. [1990
c 33 § 311; 1983 c 56 § 6; 1975 1st ex.s. c 275 § 97; 1973 c
47 § 4; 1969 ex.s. c 176 § 133; 1969 ex.s. c 223 §
28A.57.255. Prior: 1961 c 130 § 23. Formerly RCW
28A.315.390, 28A.57.255, 28.57.255.]
Reviser’s note: *(1) RCW 28A.315.380 was recodified as RCW
28A.323.040 pursuant to 1999 c 315 § 803.
**(2) RCW 29.13.020 was recodified as RCW 29A.04.330 pursuant to
2003 c 111 § 2401, effective July 1, 2004.
Additional notes found at www.leg.wa.gov
28A.323.060
28A.323.060 Joint school districts—Directors—
Vacancies. A vacancy in the office of director of a joint district shall be filled in the manner provided by *RCW
28A.315.530 for filling vacancies, such appointment to be
valid only until a director is elected and qualified to fill such
vacancy at the next regular district election. [1990 c 33 §
312; 1973 c 47 § 5; 1971 c 53 § 3; 1969 ex.s. c 176 § 134;
1969 ex.s. c 223 § 28A.57.260. Prior: 1947 c 266 § 28; Rem.
Supp. 1947 § 4693-47. Formerly RCW 28A.315.400,
28A.57.260, 28.57.260.]
*Reviser’s note: RCW 28A.315.530 was recodified as RCW
28A.343.370 pursuant to 1999 c 315 § 804.
Additional notes found at www.leg.wa.gov
28A.323.070
28A.323.070 Joint school districts—Powers and
duties. A joint school district and the officers thereof shall
possess all the powers and be subject to all of the duties
vested in or imposed upon other school districts of the same
class and upon the officers thereof, except as otherwise provided by law. Whenever the laws relating to school districts
shall provide for any action by a county officer, such action,
if required to be performed in behalf of a joint school district,
shall be performed by the proper officer of the county to
which the joint district belongs, except as otherwise provided
by law. [1969 ex.s. c 223 § 28A.57.270. Prior: 1947 c 266 §
2 9 ; R e m . S u p p . 1 9 4 7 § 4 6 9 3 -4 8 . F o r m e r l y R C W
28A.315.410, 28A.57.270, 28.57.270.]
[Title 28A RCW—page 163]
28A.323.080
Title 28A RCW: Common School Provisions
28A.323.080 Joint school districts—Assessed valuation—Certification. It shall be the duty of the assessor of
each county, a part of which is included within a joint school
district, to certify annually to the auditor of the assessor’s
county and to the auditor of the county to which the joint district belongs, for the board of county commissioners thereof,
the aggregate assessed valuation of all taxable property in the
assessor’s county situated in such joint school district, as the
same appears from the last assessment roll of the assessor’s
county. [1990 c 33 § 313; 1969 ex.s. c 223 § 28A.57.280.
Prior: 1947 c 266 § 30; Rem. Supp. 1947 § 4693-49; prior:
1927 c 286 § 1; 1925 ex.s. c 77 § 8; RRS § 4753-8. Formerly
RCW 28A.315.420, 28A.57.280, 28.57.280.]
28A.323.080
28A.323.090 Joint school districts—Levy of tax. The
amount of tax to be levied upon the taxable property of that
part of a joint school district lying in one county shall be in
such ratio to the whole amount levied upon the property in
the entire joint district as the assessed valuation of the property lying in such county bears to the assessed valuation of
the property in the entire joint district. [1983 c 56 § 7; 1975
1st ex.s. c 275 § 98; 1969 ex.s. c 176 § 135; 1969 ex.s. c 223
§ 28A.57.290. Prior: 1947 c 266 § 31; Rem. Supp. 1947 §
4693-50; prior: (i) 1925 ex.s. c 77 § 10; RRS § 4753-10. (ii)
1 9 2 7 c 2 8 6 § 2 ; R R S § 4 7 5 3 -1 1 . F o r m e r l y R C W
28A.315.430, 28A.57.290, 28.57.290.]
28A.323.090
28A.325.010 Fees for optional noncredit extracurricular events—Disposition. The board of directors of any
common school district may establish and collect a fee from
students and nonstudents as a condition to their attendance at
any optional noncredit extracurricular event of the district
which is of a cultural, social, recreational, or athletic nature:
PROVIDED, That in so establishing such fee or fees, the district shall adopt regulations for waiving and reducing such
fees in the cases of those students whose families, by reason
of their low income, would have difficulty in paying the
entire amount of such fees and may likewise waive or reduce
such fees for nonstudents of the age of sixty-five or over who,
by reason of their low income, would have difficulty in paying the entire amount of such fees. An optional comprehensive fee may be established and collected for any combination or all of such events or, in the alternative, a fee may be
established and collected as a condition to attendance at any
single event. Fees collected pursuant to this section shall be
deposited in the associated student body program fund of the
school district, and may be expended to defray the costs of
optional noncredit extracurricular events of such a cultural,
social, recreational, or athletic nature, or to otherwise support
the activities and programs of associated student bodies.
[1977 ex.s. c 170 § 1; 1975 1st ex.s. c 284 § 1. Formerly
RCW 28A.58.113.]
28A.325.010
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
28A.325.020 Associated student bodies—Powers and
responsibilities affecting. As used in this section, an "associated student body" means the formal organization of the
students of a school formed with the approval of and regulation by the board of directors of the school district in conformity to the rules and regulations promulgated by the superintendent of public instruction: PROVIDED, That the board of
directors of a school district may act or delegate the authority
to an employee of the district to act as the associated student
body for any school plant facility within the district containing no grade higher than the sixth grade.
The superintendent of public instruction, after consultation with appropriate school organizations and students, shall
promulgate rules and regulations to designate the powers and
responsibilities of the boards of directors of the school districts of the state of Washington in developing efficient
administration, management, and control of moneys, records,
and reports of the associated student bodies organized in the
public schools of the state. [1984 c 98 § 1; 1975 1st ex.s. c
284 § 3; 1973 c 52 § 1. Formerly RCW 28A.58.115.]
28A.325.020
28A.323.100 Joint school districts—Levy of tax—
Remittance to district treasurer. Upon receipt of the aforesaid certificate, it shall be the duty of the county legislative
authority of each county to levy on all taxable property of that
part of the joint school district which lies within the county a
tax sufficient to raise the amount necessary to meet the
county’s proportionate share of the estimated expenditures of
the joint district, as shown by the certificate of the educational service district superintendent of the district to which
the joint school district belongs. Such taxes shall be levied
and collected in the same manner as other taxes are levied
and collected, and the proceeds thereof shall be forwarded
monthly by the treasurer of each county, other than the
county to which the joint district belongs, to the treasurer of
the county to which such district belongs and shall be placed
to the credit of said district. The treasurer of the county to
which a joint school district belongs is hereby declared to be
the treasurer of such district. [1994 c 301 § 3; 1975 1st ex.s.
c 275 § 99; 1969 ex.s. c 176 § 136; 1969 ex.s. c 223 §
28A.57.300. Prior: 1947 c 266 § 32; Rem. Supp. 1947 §
4693-51. Formerly RCW 28A.315.440, 28A.57.300,
28.57.300.]
28A.323.100
Additional notes found at www.leg.wa.gov
Chapter 28A.325
Chapter 28A.325 RCW
ASSOCIATED STUDENT BODIES
Sections
28A.325.010 Fees for optional noncredit extracurricular events—Disposition.
28A.325.020 Associated student bodies—Powers and responsibilities
affecting.
28A.325.030 Associated student body program fund—Fund-raising activities—Nonassociated student body program fund moneys.
[Title 28A RCW—page 164]
Additional notes found at www.leg.wa.gov
28A.325.030 Associated student body program
fund—Fund-raising activities—Nonassociated student
body program fund moneys. (1)(a) There is hereby created
a fund on deposit with each county treasurer for each school
district of the county having an associated student body as
defined in RCW 28A.325.020. Such fund shall be known as
the associated student body program fund. Rules adopted by
the superintendent of public instruction under RCW
28A.325.020 shall require separate accounting for each associated student body’s transactions in the school district’s
associated student body program fund.
28A.325.030
(2010 Ed.)
Provisions Applicable to School Districts
(b) All moneys generated through the programs and
activities of any associated student body shall be deposited in
the associated student body program fund. Such funds may
be invested for the sole benefit of the associated student body
program fund in items enumerated in RCW 28A.320.320 and
the county treasurer may assess a fee as provided therein.
Disbursements from such fund shall be under the control and
supervision, and with the approval, of the board of directors
of the school district, and shall be by warrant as provided in
*chapter 28A.350 RCW: PROVIDED, That in no case shall
such warrants be issued in an amount greater than the funds
on deposit with the county treasurer in the associated student
body program fund. To facilitate the payment of obligations,
an imprest bank account or accounts may be created and
replenished from the associated student body program fund.
(c) The associated student body program fund shall be
budgeted by the associated student body, subject to approval
by the board of directors of the school district. All disbursements from the associated student body program fund or any
imprest bank account established thereunder shall have the
prior approval of the appropriate governing body representing the associated student body. Notwithstanding the provisions of RCW 43.09.210, it shall not be mandatory that
expenditures from the district’s general fund in support of
associated student body programs and activities be reimbursed by payments from the associated student body program fund.
(2) Subject to applicable school board policies, student
groups may conduct fund-raising activities, including but not
limited to soliciting donations, in their private capacities for
the purpose of generating nonassociated student body fund
moneys. The school board policy shall include provisions to
ensure appropriate accountability for these funds. Nonassociated student body program fund moneys generated and
received by students for private purposes to use for scholarship, student exchange, and/or charitable purposes shall be
held in trust in one or more separate accounts within an associated student body program fund and be disbursed for such
purposes as the student group conducting the fund-raising
activity shall determine: PROVIDED, That the school district shall either withhold an amount from such moneys as
will pay the district for its direct costs in providing the service
or otherwise be compensated for its cost for such service.
Nonassociated student body program fund moneys shall not
be deemed public moneys under section 7, Article VIII of the
state Constitution. Notice shall be given identifying the
intended use of the proceeds. The notice shall also state that
the proceeds are nonassociated student body funds to be held
in trust by the school district exclusively for the intended purpose. "Charitable purpose" under this section does not
include any activity related to assisting a campaign for election of a person to an office or for the promotion or opposition to a ballot proposition. [2000 c 157 § 2; 1990 c 33 § 340;
1984 c 98 § 2; 1982 c 231 § 1; 1977 ex.s. c 160 § 1; 1975 1st
ex.s. c 284 § 2. Formerly RCW 28A.58.120.]
*Reviser’s note: Chapter 28A.350 RCW was repealed in its entirety by
2009 c 337 § 15.
Findings—Intent—2000 c 157: "The legislature finds that current law
permits associated student bodies to conduct fund-raising activities, including but not limited to soliciting donations, to raise money for school sports
programs and school clubs. However, students also want to conduct fundraising activities for charitable causes, such as to fund scholarships and stu(2010 Ed.)
28A.330.010
dent exchange programs, assist families whose homes have been destroyed,
to fund community projects, and to rebuild the Statue of Liberty.
The legislature further finds that current law is not clear how student
groups may raise funds for charitable purposes, whether proceeds from any
fund-raising activities can be used for charitable purposes or only donations
may be used for charitable purposes, and whether recipients must be "poor or
infirm." This has resulted in considerable confusion on the part of students
regarding what type of fund-raising is permissible when funds are raised for
charitable purposes by student groups.
It is the intent of the legislature to allow students to broaden the types
of fund-raisers that they may conduct for charitable purposes in their private
nonassociated student body capacities, and ensure that these funds will be
separate from student body funds to avoid constitutional issues pertaining to
the gifting of public funds." [2000 c 157 § 1.]
Establishment of associated student body fund: RCW 28A.320.330.
Additional notes found at www.leg.wa.gov
Chapter 28A.330 RCW
PROVISIONS APPLICABLE TO
SCHOOL DISTRICTS
Chapter 28A.330
Sections
PROVISIONS APPLICABLE ONLY
TO FIRST-CLASS DISTRICTS
28A.330.010
28A.330.020
28A.330.030
28A.330.040
28A.330.050
28A.330.060
28A.330.070
28A.330.080
28A.330.090
28A.330.100
28A.330.110
Board president, vice president or president pro tempore—
Secretary.
Certain board elections, manner and vote required—Selection of personnel, manner.
Duties of president.
Duties of vice president.
Duties of superintendent as secretary of the board.
Superintendent’s bond and oath.
Office of board—Records available for public inspection.
Payment of claims—Signing of warrants.
Auditing committee and expenditures.
Additional powers of board.
Insurance reserve—Funds.
PROVISIONS APPLICABLE ONLY
TO SECOND-CLASS DISTRICTS
28A.330.200
28A.330.210
28A.330.220
28A.330.230
28A.330.240
Organization of board—Assumption of superintendent’s
duties by board member, when.
Notice to ESD superintendent of change of chairman or
superintendent.
Attorney may be employed.
Drawing and issuance of warrants.
Employment contracts.
Missing children, participation by local school districts in providing information: RCW 13.60.030.
PROVISIONS APPLICABLE ONLY TO
FIRST-CLASS DISTRICTS
28A.330.010 Board president, vice president or president pro tempore—Secretary. At the first meeting of the
members of the board they shall elect a president and vice
president from among their number who shall serve for a
term of one year or until their successors are elected. In the
event of the temporary absence or disability of both the president and vice president, the board of directors may elect a
president pro tempore who shall discharge all the duties of
president during such temporary absence or disability.
The superintendent of such school district shall act as
secretary to the board in accordance with the provisions of
RCW 28A.400.030. [1990 c 33 § 341; 1969 ex.s. c 223 §
28A.59.030. Prior: 1953 c 111 § 6; prior: 1909 c 97 p 290 §
3, part; RRS § 4792, part. Formerly RCW 28A.59.030,
28.62.030.]
28A.330.010
[Title 28A RCW—page 165]
28A.330.020
Title 28A RCW: Common School Provisions
28A.330.020 Certain board elections, manner and
vote required—Selection of personnel, manner. The election of the officers of the board of directors or to fill any
vacancy as provided in *RCW 28A.315.530, and the selection of the school district superintendent shall be by oral call
of the roll of all the members, and no person shall be declared
elected or selected unless he or she receives a majority vote
of all the members of the board. Selection of other certificated and classified personnel shall be made in such manner
as the board shall determine. [1997 c 13 § 8; 1990 c 33 § 342;
1969 ex.s. c 223 § 28A.59.040. Prior: 1909 c 97 p 290 § 4;
RRS § 4793. Formerly RCW 28A.59.040, 28.62.040.]
28A.330.020
*Reviser’s note: RCW 28A.315.530 was recodified as RCW
28A.343.370 pursuant to 1999 c 315 § 804.
28A.330.030 Duties of president. It shall be the duty of
the president to preside at all meetings of the board, and to
perform such other duties as the board may prescribe. [1969
ex.s. c 223 § 28A.59.050. Prior: 1909 c 97 p 290 § 5; RRS §
4794. Formerly RCW 28A.59.050, 28.62.050.]
28A.330.030
28A.330.040 Duties of vice president. It shall be the
duty of the vice president to perform all the duties of president in case of the president’s absence or disability. [1990 c
33 § 343; 1969 ex.s. c 223 § 28A.59.060. Prior: 1909 c 97 p
291 § 6; RRS § 4795. Formerly RCW 28A.59.060,
28.62.060.]
28A.330.040
28A.330.050 Duties of superintendent as secretary of
the board. In addition to the duties as prescribed in RCW
28A.400.030, the school district superintendent, as secretary
of the board, may be authorized by the board to act as business manager, purchasing agent, and/or superintendent of
buildings and janitors, and charged with the special care of
school buildings and other property of the district, and he or
she shall perform other duties as the board may direct. [1990
c 33 § 344; 1969 ex.s. c 223 § 28A.59.070. Prior: 1919 c 90
§ 8; 1909 c 97 p 291 § 7; RRS § 4796. Formerly RCW
28A.59.070, 28.62.070.]
28A.330.050
28A.330.060 Superintendent’s bond and oath.
Before entering upon the discharge of the superintendent’s
duties, the superintendent as secretary of the board shall give
bond in such sum as the board of directors may fix from time
to time, but for not less than five thousand dollars, with good
and sufficient sureties, and shall take and subscribe an oath or
affirmation, before a proper officer that he or she will support
the Constitution of the United States and of the state of Washington and faithfully perform the duties of the office, a copy
of which oath or affirmation shall be filed with the educational service district superintendent. [1990 c 33 § 345; 1975
1st ex.s. c 275 § 117; 1971 c 48 § 33; 1969 ex.s. c 223 §
28A.59.080. Prior: 1909 c 97 p 291 § 8; RRS § 4797. Formerly RCW 28A.59.080, 28.62.080.]
28A.330.060
Additional notes found at www.leg.wa.gov
28A.330.070 Office of board—Records available for
public inspection. The board of directors shall maintain an
office where all records, vouchers and other important papers
belonging to the board may be preserved. Such records,
28A.330.070
[Title 28A RCW—page 166]
vouchers, and other important papers at all reasonable times
shall be available for public inspection. The regular meetings
shall be held within the district boundaries. [1989 c 232 § 1;
1969 ex.s. c 223 § 28A.59.100. Prior: 1909 c 97 p 291 § 10;
RRS § 4799; prior: 1897 c 118 § 87; 1890 p 389 § 14. Formerly RCW 28A.59.100, 28.62.100.]
28A.330.080 Payment of claims—Signing of warrants. Moneys of such school districts shall be paid out only
upon orders for warrants signed by the president, or a majority of the board of directors and countersigned by the secretary: PROVIDED, That when, in the judgment of the board
of directors, the orders for warrants issued by the district
monthly shall have reached such numbers that the signing of
each warrant by the president personally imposes too great a
task on the president, the board of directors, after auditing all
payrolls and bills as provided by RCW 28A.330.090, may
authorize the issuing of one general certificate to the county
treasurer, to be signed by the president, authorizing said treasurer to pay all the warrants specified by date, number, name
and amount, and the funds on which said warrants shall be
drawn; thereupon the secretary of said board shall be authorized to draw and sign said orders for warrants. [1990 c 33 §
346; 1969 ex.s. c 223 § 28A.59.110. Prior: 1909 c 97 p 292
§ 11; RRS § 4800. Formerly RCW 28A.59.110, 28.62.110.]
28A.330.080
28A.330.090 Auditing committee and expenditures.
All accounts shall be audited by a committee of board members chosen in such manner as the board so determines to be
styled the "auditing committee," and, except as otherwise
provided by law, no expenditure greater than three hundred
dollars shall be voted by the board except in accordance with
a written contract, nor shall any money or appropriation be
paid out of the school fund except on a recorded affirmative
vote of a majority of all members of the board: PROVIDED,
That nothing herein shall be construed to prevent the board
from making any repairs or improvements to the property of
the district through their shop and repair department as otherwise provided in RCW 28A.335.190. [1990 c 33 § 347; 1983
c 56 § 9; 1975 1st ex.s. c 275 § 118; 1971 c 48 § 34; 1969
ex.s. c 223 § 28A.59.150. Prior: 1909 c 97 p 292 § 14; RRS
§ 4803. Formerly RCW 28A.59.150, 28.62.150, 28.62.160.]
28A.330.090
Additional notes found at www.leg.wa.gov
28A.330.100 Additional powers of board. Every
board of directors of a school district of the first class, in
addition to the general powers for directors enumerated in
this title, shall have the power:
(1) To employ for a term of not exceeding three years a
superintendent of schools of the district, and for cause to dismiss him or her, and to fix his or her duties and compensation;
(2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their
compensation;
(3) To employ a business manager, attorneys, architects,
inspectors of construction, superintendents of buildings and a
superintendent of supplies, all of whom shall serve at the
board’s pleasure, and to prescribe their duties and fix their
compensation;
28A.330.100
(2010 Ed.)
Provisions Applicable to School Districts
(4) To employ, and for cause dismiss, supervisors of
instruction and to define their duties and fix their compensation;
(5) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the superintendent of public instruction for the use
of the common schools of this state;
(6) To, in addition to the minimum requirements
imposed by this title establish and maintain such grades and
departments, including night, high, kindergarten, vocational
training and, except as otherwise provided by law, industrial
schools, and schools and departments for the education and
training of any class or classes of youth with disabilities, as in
the judgment of the board, best shall promote the interests of
education in the district;
(7) To determine the length of time over and above one
hundred eighty days that school shall be maintained: PROVIDED, That for purposes of apportionment no district shall
be credited with more than one hundred and eighty-three
days’ attendance in any school year; and to fix the time for
annual opening and closing of schools and for the daily dismissal of pupils before the regular time for closing schools;
(8) To maintain a shop and repair department, and to
employ, and for cause dismiss, a foreman and the necessary
help for the maintenance and conduct thereof;
(9) To provide free textbooks and supplies for all children attending school;
(10) To require of the officers or employees of the district to give a bond for the honest performance of their duties
in such penal sum as may be fixed by the board with good and
sufficient surety, and to cause the premium for all bonds
required of all such officers or employees to be paid by the
district: PROVIDED, That the board may, by written policy,
allow that such bonds may include a deductible proviso not to
exceed two percent of the officer’s or employee’s annual salary;
(11) To prohibit all secret fraternities and sororities
among the students in any of the schools of the said districts;
and
(12) To appoint a practicing physician, resident of the
school district, who shall be known as the school district
medical inspector, and whose duty it shall be to decide for the
board of directors all questions of sanitation and health
affecting the safety and welfare of the public schools of the
district who shall serve at the board’s pleasure: PROVIDED,
That children shall not be required to submit to vaccination
against the will of their parents or guardian. [2006 c 263 §
417. Prior: 1995 c 335 § 503; 1995 c 77 § 22; 1991 c 116 §
17; 1990 c 33 § 348; 1983 c 2 § 7; prior: 1982 c 191 § 11;
1982 c 158 § 6; 1969 ex.s. c 223 § 28A.59.180; prior: 1919 c
90 § 9; 1909 c 97 p 293 § 16; RRS § 4805. Formerly RCW
28A.59.180, 28.62.180, 28.31.070.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.330.110 Insurance reserve—Funds. School districts of the first class, when in the judgment of the board of
directors it be deemed expedient, shall have power to create
and maintain an insurance reserve for said districts, to be
28A.330.110
(2010 Ed.)
28A.330.230
used to meet losses specified by the board of directors of the
school districts.
Funds required for maintenance of such an insurance
reserve shall be budgeted and allowed as are other moneys
required for the support of the school district. [1983 c 59 §
16; 1982 c 191 § 12; 1969 ex.s. c 223 § 28A.59.185. Prior: (i)
1911 c 79 § 1; RRS § 4707. Formerly RCW 28.59.010. (ii)
1911 c 79 § 2; RRS § 4708. Formerly RCW 28.59.020. (iii)
1941 c 187 § 1; 1911 c 79 § 3; Rem. Supp. 1941 § 4709. Formerly RCW 28A.59.185, 28.59.030.]
Additional notes found at www.leg.wa.gov
PROVISIONS APPLICABLE ONLY TO
SECOND-CLASS DISTRICTS
28A.330.200 Organization of board—Assumption of
superintendent’s duties by board member, when. The
term of office of directors of districts of the second class shall
begin, and the board shall organize, as provided in *RCW
28A.315.500. At the first meeting of the members of the
board they shall elect a chair from among their number who
shall serve for a term of one year or until his or her successor
is elected. The school district superintendent as defined in
RCW 28A.150.080 shall serve as secretary to the board.
Whenever a district shall be without the services of such a
superintendent and the business of the district necessitates
action thereby, the board shall appoint any member thereof to
carry out the superintendent’s powers and duties for the district. [1990 c 33 § 349; 1988 c 187 § 2; 1975 c 43 § 14; 1969
ex.s. c 223 § 28A.60.010. Prior: 1953 c 111 § 1; prior: (i)
1909 c 97 p 298 § 5; RRS § 4815. (ii) 1909 c 97 p 301 § 5;
RRS § 4827. Formerly RCW 28A.60.010, 28.63.010.]
28A.330.200
*Reviser’s note: RCW 28A.315.500 was recodified as RCW
28A.343.360 pursuant to 1999 c 315 § 804.
Additional notes found at www.leg.wa.gov
28A.330.210 Notice to ESD superintendent of change
of chairman or superintendent. Every school district
superintendent in districts of the second class shall within ten
days after any change in the office of chair or superintendent,
notify the educational service district superintendent of such
change. [1990 c 33 § 350; 1975-’76 2nd ex.s. c 15 § 11.
Prior: 1975 1st ex.s. c 275 § 119; 1975 c 43 § 15; 1971 c 48
§ 35; 1969 ex.s. c 223 § 28A.60.070; prior: 1909 c 97 p 304
§ 1; RRS § 4841; prior: 1903 c 104 § 19. Formerly RCW
28A.60.070, 28.63.070.]
28A.330.210
Additional notes found at www.leg.wa.gov
28A.330.220 Attorney may be employed. The board
of directors of every second-class district in addition to their
other powers are authorized to employ an attorney and to prescribe the attorney’s duties and fix the attorney’s compensation. [1990 c 33 § 351; 1975 c 43 § 19; 1971 c 8 § 5. Prior:
1967 c 220 § 1. Formerly RCW 28A.60.310, 28.63.340.]
28A.330.220
Additional notes found at www.leg.wa.gov
28A.330.230 Drawing and issuance of warrants. Second-class school districts, subject to the approval of the
superintendent of public instruction, may draw and issue warrants for the payment of moneys upon approval of a majority
28A.330.230
[Title 28A RCW—page 167]
28A.330.240
Title 28A RCW: Common School Provisions
of the board of directors, such warrants to be signed by the
chair of the board and countersigned by the secretary: PROVIDED, That when, in the judgment of the board of directors,
the orders for warrants issued by the district monthly shall
have reached such numbers that the signing of each warrant
by the chair of the board personally imposes too great a task
on the chair, the board of directors, after auditing all payrolls
and bills, may authorize the issuing of one general certificate
to the county treasurer, to be signed by the chair of the board,
authorizing said treasurer to pay all the warrants specified by
date, number, name and amount, and the funds on which said
warrants shall be drawn; thereupon the secretary of said
board shall be authorized to draw and sign said orders for
warrants. [1990 c 33 § 352; 1983 c 56 § 10; 1975 c 43 § 21;
1973 c 111 § 1. Formerly RCW 28A.60.328.]
Additional notes found at www.leg.wa.gov
28A.330.240 Employment contracts. The board of
directors of each second-class school district shall adopt a
written policy governing procedures for the letting of any
employment contract authorized under RCW 42.23.030. This
policy shall include provisions to ensure fairness and the
appearance of fairness in all matters pertaining to employment contracts so authorized. [1989 c 263 § 2. Formerly
RCW 28A.60.360.]
28A.330.240
Additional notes found at www.leg.wa.gov
Chapter 28A.335
Chapter 28A.335 RCW
SCHOOL DISTRICTS’ PROPERTY
Sections
28A.335.010 School buildings, maintenance, furnishing and insuring.
28A.335.020 School closures—Policy of citizen involvement required—
Summary of effects—Hearings—Notice.
28A.335.030 Emergency school closures exempt from RCW 28A.335.020.
28A.335.040 Surplus school property, rental, lease, or use of—Authorized—Limitations.
28A.335.050 Surplus school property, rental, lease or use of—Joint use—
Compensation—Conditions generally.
28A.335.060 Surplus school property—Rental, lease or use of—Disposition of moneys received from.
28A.335.070 Surplus school property, rental, lease or use of—Existing
contracts not impaired.
28A.335.080 Surplus school property, rental, lease or use of—Community
use not impaired.
28A.335.090 Conveyance and acquisition of property—Management—
Appraisal.
28A.335.100 School district associations’ right to mortgage or convey
money security interest in association property—Limitations.
28A.335.110 Real property—Annexation to city or town.
28A.335.120 Real property—Sale—Notice and hearing—Appraisal—
Broker or real estate appraiser services—Real estate sales
contracts—Limitation.
28A.335.130 Real property—Sale—Use of proceeds.
28A.335.140 Expenditure of funds on county, city building authorized—
Conditions.
28A.335.150 Permitting use and rental of playgrounds, athletic fields or
athletic facilities.
28A.335.155 Use of buildings for youth programs—Limited immunity.
28A.335.160 Joint educational facilities—Rules.
28A.335.170 Contracts to lease building space and portable buildings, rent
or have maintained security systems, computers, and other
equipment, and provide pupil transportation services.
28A.335.180 Surplus texts and other educational aids, notice of availability—Student priority as to texts.
28A.335.190 Advertising for bids—Competitive bid procedures—Purchases from inmate work programs—Telephone or written
quotation solicitation, limitations—Emergencies.
28A.335.200 Conditional sales contracts for acquisition of property or
property rights.
[Title 28A RCW—page 168]
28A.335.205 Assistive devices—Transfer for benefit of children with disabilities—Record, inventory.
28A.335.210 Purchase of works of art—Procedure.
28A.335.220 Eminent domain.
28A.335.230 Vacant school plant facilities—Lease by contiguous district—Eligibility for funding assistance.
28A.335.240 Schoolhouses, teachers’ cottages—Purchase of realty for district purposes.
28A.335.250 School property used for public purposes.
28A.335.260 School property used for public purposes—Community
buildings.
28A.335.270 School property used for public purposes—Special state
commission to pass on plans.
28A.335.280 School property used for public purposes—Limit on expenditures.
28A.335.290 Housing for superintendent—Authorized—Limitation.
28A.335.300 Playground matting.
28A.335.320 Enhanced 911 service—Common and public school service
required.
28A.335.330 Chapter not applicable to certain transfers of property.
Chapter not to apply to certain materials printed in school districts: RCW
82.04.600.
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Determination if lands purchased or leased by school districts are used as
school sites—Reversion: RCW 79.17.140.
Dissolution of inactive port districts, assets to school districts: RCW
53.47.040.
Interlocal cooperation act: Chapter 39.34 RCW.
School districts, purchase of leased lands with improvements: RCW
79.17.110 through 79.17.130.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
28A.335.010 School buildings, maintenance, furnishing and insuring. Every board of directors, unless otherwise
specifically provided by law, shall:
(1) Cause all school buildings to be properly heated,
lighted and ventilated and maintained in a clean and sanitary
condition; and
(2) Maintain and repair, furnish and insure such school
buildings. [1969 ex.s. c 223 § 28A.58.102. Prior: 1969 c 53
§ 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965
ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part;
1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part;
1 9 5 5 c 6 8 § 2 , p a r t. F o r m e r l y R C W 2 8 A . 5 8 . 1 0 2 ,
28.58.100(3), part, and (4) part.]
28A.335.010
Energy audits and energy capital improvements: RCW 28A.320.330.
28A.335.020 School closures—Policy of citizen
involvement required—Summary of effects—Hearings—
Notice. Before any school closure, a school district board of
directors shall adopt a policy regarding school closures which
provides for citizen involvement before the school district
board of directors considers the closure of any school for
instructional purposes. The policy adopted shall include provisions for the development of a written summary containing
an analysis as to the effects of the proposed school closure.
The policy shall also include a requirement that during the
ninety days before a school district’s final decision upon any
school closure, the school board of directors shall conduct
hearings to receive testimony from the public on any issues
related to the closure of any school for instructional purposes.
The policy shall require separate hearings for each school
which is proposed to be closed.
The policy adopted shall provide for reasonable notice to
the residents affected by the proposed school closure. At a
28A.335.020
(2010 Ed.)
School Districts’ Property
minimum, the notice of any hearing pertaining to a proposed
school closure shall contain the date, time, place, and purpose
of the hearing. Notice of each hearing shall be published once
each week for two consecutive weeks in a newspaper of general circulation in the area where the school, subject to closure, is located. The last notice of hearing shall be published
not later than seven days immediately before the final hearing. [1983 c 109 § 2. Formerly RCW 28A.58.031.]
Application of RCW 43.21C.030(2)(c) to school closures: RCW 43.21C.038.
28A.335.030
28A.335.030 Emergency school closures exempt
from RCW 28A.335.020. A school district may close a
school for emergency reasons, as set forth in RCW
28A.150.290(2) (a) and (b), without complying with the
requirements of RCW 28A.335.020. [1990 c 33 § 353; 1983
c 109 § 3. Formerly RCW 28A.58.032.]
28A.335.040
28A.335.040 Surplus school property, rental, lease,
or use of—Authorized—Limitations. (1) Every school district board of directors is authorized to permit the rental,
lease, or occasional use of all or any portion of any surplus
real property owned or lawfully held by the district to any
person, corporation, or government entity for profit or nonprofit, commercial or noncommercial purposes: PROVIDED, That the leasing or renting or use of such property is
for a lawful purpose and does not interfere with conduct of
the district’s educational program and related activities:
PROVIDED FURTHER, That the lease or rental agreement
entered into shall include provisions which permit the recapture of the leased or rented surplus property of the district
should such property be needed for school purposes in the
future except in such cases where, due to proximity to an
international airport, land use has been so permanently
altered as to preclude the possible use of the property for a
school housing students and the school property has been
heavily impacted by surrounding land uses so that a school
housing students would no longer be appropriate in that area.
(2) Authorization to rent, lease or permit the occasional
use of surplus school property under this section, RCW
28A.335.050 and 28A.335.090 is conditioned on the establishment by each school district board of directors of a policy
governing the use of surplus school property.
(3) The board of directors of any school district desiring
to rent or lease any surplus real property owned by the school
district shall publish a written notice in a newspaper of general circulation in the school district for rentals or leases totalling ten thousand dollars or more in value. School districts
shall not rent or lease the property for at least forty-five days
following the publication of the newspaper notice.
(4) Private schools shall have the same rights as any
other person or entity to submit bids for the rental or lease of
surplus real property and to have such bids considered along
with all other bids: PROVIDED, That the school board may
establish reasonable conditions for the use of such real property to assure the safe and proper operation of the property in
a manner consistent with board policies. [1991 c 116 § 12.
Prior: 1990 c 96 § 1; 1990 c 33 § 354; 1981 c 306 § 2; 1980
c 115 § 2. Formerly RCW 28A.58.033.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28A.335.070
28A.335.050 Surplus school property, rental, lease or
use of—Joint use—Compensation—Conditions generally. (1) Authorization to rent, lease, or permit the occasional
use of surplus school property under RCW 28A.335.040 may
include the joint use of school district property, which is in
part used for school purposes, by any combination of persons, corporations or government entities for other than common school purposes: PROVIDED, That any such joint use
shall comply with existing local zoning ordinances.
(2) Authorization to rent, lease, or permit the occasional
use of surplus school property under RCW 28A.335.040 shall
be conditioned on the payment by all users, lessees or tenants,
assessed on a basis that is nondiscriminatory within classes of
users, of such reasonable compensation and under such terms
as regulations adopted by the board of directors shall provide.
(3) Nothing in RCW 28A.335.040 and 28A.335.090
shall prohibit a school board of directors and a lessee or tenant from agreeing to conditions to the lease otherwise lawful,
including conditions of reimbursement or partial reimbursement of costs associated with the lease or rental of the property. [1990 c 33 § 355; 1980 c 115 § 3. Formerly RCW
28A.58.034.]
28A.335.050
Additional notes found at www.leg.wa.gov
28A.335.060 Surplus school property—Rental, lease
or use of—Disposition of moneys received from. Each
school district’s board of directors shall deposit moneys
derived from the lease, rental, or occasional use of surplus
school property as follows:
(1) Moneys derived from real property shall be deposited
into the district’s debt service fund and/or capital projects
fund, except for:
(a) Moneys required to be expended for general maintenance, utility, insurance costs, and any other costs associated
with the lease or rental of such property, which moneys shall
be deposited in the district’s general fund; or
(b) At the option of the board of directors, after evaluating the sufficiency of the school district’s capital projects
fund for purposes of meeting demands for new construction
and improvements, moneys derived from the lease or rental
of real property may be deposited into the district’s general
fund to be used exclusively for nonrecurring costs related to
operating school facilities, including but not limited to
expenses for maintenance;
(2) Moneys derived from pupil transportation vehicles
shall be deposited in the district’s transportation vehicle fund;
(3) Moneys derived from other personal property shall
be deposited in the district’s general fund. [2004 c 45 § 1;
1989 c 86 § 2; 1983 c 59 § 15; 1982 c 191 § 4; 1981 c 250 §
4; 1980 c 115 § 4. Formerly RCW 28A.58.035.]
28A.335.060
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
Additional notes found at www.leg.wa.gov
28A.335.070 Surplus school property, rental, lease or
use of—Existing contracts not impaired. The provisions of
contracts for the use, rental or lease of school district real
property executed prior to June 12, 1980, which were lawful
at the time of execution shall not be impaired by such new
terms and conditions to the rental, lease or occasional use of
school property as may now be established by RCW
28A.335.070
[Title 28A RCW—page 169]
28A.335.080
Title 28A RCW: Common School Provisions
28A.335.040, 28A.335.050, and 28A.335.090. [1990 c 33 §
356; 1980 c 115 § 5. Formerly RCW 28A.58.036.]
Additional notes found at www.leg.wa.gov
28A.335.080 Surplus school property, rental, lease or
use of—Community use not impaired. Nothing in RCW
28A.335.040 through 28A.335.070 shall preclude school district boards of directors from making available school property for community use in accordance with the provisions of
RCW 28A.335.150, 28A.320.510, or 28A.335.250, and
school district administrative policy governing such use.
[1990 c 33 § 357; 1980 c 115 § 6. Formerly RCW
28A.58.037.]
28A.335.080
Additional notes found at www.leg.wa.gov
28A.335.090 Conveyance and acquisition of property—Management—Appraisal. (1) The board of directors
of each school district shall have exclusive control of all
school property, real or personal, belonging to the district;
said board shall have power, subject to RCW 28A.335.120,
in the name of the district, to convey by deed all the interest
of their district in or to any real property of the district which
is no longer required for school purposes. Except as otherwise specially provided by law, and RCW 28A.335.120, the
board of directors of each school district may purchase, lease,
receive and hold real and personal property in the name of the
district, and rent, lease or sell the same, and all conveyances
of real estate made to the district shall vest title in the district.
(2) Any purchase of real property by a school district
shall be preceded by a market value appraisal by a professionally designated real estate appraiser as defined in *RCW
74.46.020 or by a general real estate appraiser certified under
chapter 18.140 RCW who was selected by the board of directors. [2001 c 183 § 1; 1995 c 358 § 1; 1990 c 33 § 358; 1981
c 306 § 3; 1980 c 115 § 1; 1969 ex.s. c 223 § 28A.58.040.
Prior: (i) 1947 c 266 § 6, part; Rem. Supp. 1947 § 4693-25,
part; prior: 1909 p 265 § 2, part. Formerly RCW 28.57.135,
part. (ii) 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c
12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part;
1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part;
1961 c 66 § 1, part; 1955 c 68 § 2, part. Formerly RCW
28.58.100(3) and (5), part. (iii) 1909 c 97 p 287 § 7, part; RRS
§ 4782, part; prior: 1897 c 118 § 44, part; 1891 c 127 § 11,
part; 1890 p 366 § 30, part. Formerly RCW 28A.58.040,
28.58.040.]
28A.335.090
*Reviser’s note: RCW 74.46.020 was amended by 2010 1st sp.s. c 34
§ 2, deleting the definition of "professionally designated real estate
appraiser."
Additional notes found at www.leg.wa.gov
28A.335.100 School district associations’ right to
mortgage or convey money security interest in association
property—Limitations. Any association established by
school districts pursuant to the interlocal cooperation act,
chapter 39.34 RCW for the purpose of jointly and cooperatively purchasing school supplies, materials and equipment,
if otherwise authorized for school district purposes to purchase personal or real property, is authorized to mortgage, or
convey a purchase money security interest in real or personal
property of such association of every kind, character or
28A.335.100
[Title 28A RCW—page 170]
description whatsoever, or any interest in such personal or
real property: PROVIDED, That any such association shall
be prohibited from causing any creditor of the association to
acquire any rights against the property, properties or assets of
any of its constituent school districts and any creditor of such
association shall be entitled to look for payment of any obligation incurred by such association solely to the assets and
properties of such association. [2006 c 263 § 912; 1975-’76
2nd ex.s. c 23 § 1. Formerly RCW 28A.58.0401.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.335.110 Real property—Annexation to city or
town. In addition to other powers and duties as provided by
law, every board of directors, if seeking to have school property annexed to a city or town and if such school property
constitutes the whole of such property in the annexation petition, shall be allowed to petition therefor under RCW
35.13.125 and 35.13.130. [1971 c 69 § 3. Formerly RCW
28A.58.044.]
28A.335.110
Additional notes found at www.leg.wa.gov
28A.335.120 Real property—Sale—Notice and hearing—Appraisal—Broker or real estate appraiser services—Real estate sales contracts—Limitation. (1) The
board of directors of any school district of this state may:
(a) Sell for cash, at public or private sale, and convey by
deed all interest of the district in or to any of the real property
of the district which is no longer required for school purposes; and
(b) Purchase real property for the purpose of locating
thereon and affixing thereto any house or houses and appurtenant buildings removed from school sites owned by the district and sell for cash, at public or private sale, and convey by
deed all interest of the district in or to such acquired and
improved real property.
(2) When the board of directors of any school district
proposes a sale of school district real property pursuant to this
section and the value of the property exceeds seventy thousand dollars, the board shall publish a notice of its intention
to sell the property. The notice shall be published at least
once each week during two consecutive weeks in a legal
newspaper with a general circulation in the area in which the
school district is located. The notice shall describe the property to be sold and designate the place where and the day and
hour when a hearing will be held. The board shall hold a public hearing upon the proposal to dispose of the school district
property at the place and the day and hour fixed in the notice
and admit evidence offered for and against the propriety and
advisability of the proposed sale.
(3) The board of directors of any school district desiring
to sell surplus real property shall publish a notice in a newspaper of general circulation in the school district. School districts shall not sell the property for at least forty-five days following the publication of the newspaper notice.
(4) Private schools shall have the same rights as any
other person or entity to submit bids for the purchase of surplus real property and to have such bids considered along
with all other bids.
(5) Any sale of school district real property authorized
pursuant to this section shall be preceded by a market value
28A.335.120
(2010 Ed.)
School Districts’ Property
appraisal by a professionally designated real estate appraiser
as defined in *RCW 74.46.020 or a general real estate
appraiser certified under chapter 18.140 RCW selected by the
board of directors and no sale shall take place if the sale price
would be less than ninety percent of the appraisal made by
the real estate appraiser: PROVIDED, That if the property
has been on the market for one year or more the property may
be reappraised and sold for not less than seventy-five percent
of the reappraised value with the unanimous consent of the
board.
(6) If in the judgment of the board of directors of any district the sale of real property of the district not needed for
school purposes would be facilitated and greater value realized through use of the services of licensed real estate brokers, a contract for such services may be negotiated and concluded: PROVIDED, That the use of a licensed real estate
broker will not eliminate the obligation of the board of directors to provide the notice described in this section: PROVIDED FURTHER, That the fee or commissions charged for
any broker services shall not exceed seven percent of the
resulting sale value for a single parcel: PROVIDED FURTHER, That any professionally designated real estate
appraiser as defined in *RCW 74.46.020 or a general real
estate appraiser certified under chapter 18.140 RCW selected
by the board to appraise the market value of a parcel of property to be sold may not be a party to any contract with the
school district to sell such parcel of property for a period of
three years after the appraisal.
(7) If in the judgment of the board of directors of any district the sale of real property of the district not needed for
school purposes would be facilitated and greater value realized through sale on contract terms, a real estate sales contract may be executed between the district and buyer. [2006
c 263 § 913; 2001 c 183 § 2; 1995 c 358 § 2; 1991 c 116 § 13;
1984 c 103 § 1; 1981 c 306 § 4; 1979 ex.s. c 16 § 1; 1975 1st
ex.s. c 243 § 1; 1969 ex.s. c 223 § 28A.58.045. Prior: 1963
c 67 § 1; 1953 c 225 § 1. Formerly RCW 28A.58.045,
28.58.045.]
*Reviser’s note: RCW 74.46.020 was amended by 2010 1st sp.s. c 34
§ 2, deleting the definition of "professionally designated real estate
appraiser."
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.335.130 Real property—Sale—Use of proceeds.
Except as provided in RCW 28A.335.240(1), the proceeds
from any sale of school district real property by a board of
directors shall be deposited to the debt service fund and/or the
capital projects fund, except for amounts required to be
expended for the costs associated with the sale of such property, which moneys may be deposited into the fund from
which the expenditure was incurred. [2004 c 6 § 2; 1983 c 59
§ 14; 1981 c 250 § 3; 1975-’76 2nd ex.s. c 80 § 1; 1975 1st
ex.s. c 243 § 2. Formerly RCW 28A.58.0461.]
28A.335.130
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
Additional notes found at www.leg.wa.gov
28A.335.170
tors may expend local funds held for capital projects or
improvements for improvements on any building owned by a
city or county in which the district or any part thereof is
located if an agreement is entered into with such city or
county whereby the school district receives a beneficial use
of such building commensurate to the amount of funds
expended thereon by the district. [1971 ex.s. c 238 § 3. Formerly RCW 28A.58.047.]
28A.335.150 Permitting use and rental of playgrounds, athletic fields or athletic facilities. Boards of
directors of school districts are hereby authorized to permit
the use of, and to rent school playgrounds, athletic fields, or
athletic facilities, by, or to, any person or corporation for any
athletic contests or athletic purposes.
Permission to use and/or rent said school playgrounds,
athletic fields, or athletic facilities shall be for such compensation and under such terms as regulations of the board of
directors adopted from time to time so provide. [1969 ex.s. c
223 § 28A.58.048. Prior: (i) 1935 c 99 § 1; Rem. Supp.
§4776-1. Formerly RCW 28.58.048. (ii) 1935 c 99 § 2; RRS
§ 4776-2. Formerly RCW 28A.58.048, 28.58.050.]
28A.335.150
28A.335.155 Use of buildings for youth programs—
Limited immunity. In order to facilitate school districts permitting the use of school buildings for use by private nonprofit groups operating youth programs, school districts shall
have a limited immunity in accordance with RCW 4.24.660.
Nothing in RCW 4.24.660, including a school district’s failure to require a private nonprofit group to have liability insurance, broadens the scope of a school district’s liability. [1999
c 316 § 2.]
28A.335.155
Intent—1999 c 316: "The legislature intends to expand the opportunities of children to take advantage of services of private nonprofit groups by
encouraging the groups’ use of public school district facilities to provide programs to serve youth in the facilities. The legislature intends the very limited
grant of immunity provided in this act to encourage such use, but only under
the circumstances set forth in this act." [1999 c 316 § 1.]
Additional notes found at www.leg.wa.gov
28A.335.160 Joint educational facilities—Rules. Any
school district may cooperate with one or more school districts in the joint financing, planning, construction, equipping
and operating of any educational facility otherwise authorized by law: PROVIDED, That any cooperative financing
plan involving the construction of school plant facilities must
be approved by the superintendent of public instruction, considering policy recommendations from the school facilities
citizen advisory panel under RCW 28A.525.025, pursuant to
such rules adopted relating to state approval of school construction. [2006 c 263 § 323; 1995 c 335 § 604; 1990 c 33 §
359; 1969 c 130 § 12. Formerly RCW 28A.58.075.]
28A.335.160
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Conditional sales contracts for acquisition of property or property rights:
RCW 28A.335.200.
Education of children with disabilities: RCW 28A.155.040.
Additional notes found at www.leg.wa.gov
28A.335.140 Expenditure of funds on county, city
building authorized—Conditions. Notwithstanding any
other provision of law, every school district board of direc28A.335.140
(2010 Ed.)
28A.335.170 Contracts to lease building space and
portable buildings, rent or have maintained security sys28A.335.170
[Title 28A RCW—page 171]
28A.335.180
Title 28A RCW: Common School Provisions
tems, computers, and other equipment, and provide pupil
transportation services. The board of directors of any
school district may enter into contracts for their respective
districts with public and private persons, organizations, and
entities for the following purposes:
(1) To rent or lease building space and portable buildings
for periods not exceeding ten years in duration;
(2) To rent security systems, computers, and other equipment or to have maintained and repaired security systems,
computers, and other equipment for periods not exceeding
five years in duration; and
(3) To provide pupil transportation services for periods
not exceeding five years in duration.
No school district may enter into a contract for pupil
transportation unless it has notified the superintendent of
public instruction that, in the best judgment of the district, the
cost of contracting will not exceed the projected cost of operating its own pupil transportation.
The budget of each school district shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration,
and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of
public instruction adopted pursuant to RCW 28A.505.140
and 28A.310.330.
The provisions of this section shall not have any effect
on the length of contracts for school district employees specified by RCW 28A.400.300 and 28A.405.210. [1999 c 386 §
1; 1990 c 33 § 360; 1987 c 141 § 1; 1985 c 7 § 93; 1982 c 191
§ 3; 1977 ex.s. c 210 § 1. Formerly RCW 28A.58.131.]
Additional notes found at www.leg.wa.gov
28A.335.180 Surplus texts and other educational
aids, notice of availability—Student priority as to texts.
(1) Notwithstanding any other provision of law, school districts, educational service districts, or any other state or local
governmental agency concerned with education, when
declaring texts and other books, equipment, materials or relocatable facilities as surplus, shall, prior to other disposal
thereof, serve notice in writing in a newspaper of general circulation in the school district and to any public school district
or private school in Washington state annually requesting
such a notice, that the same is available for sale, rent, or lease
to public school districts or approved private schools, at
depreciated cost or fair market value, whichever is greater:
PROVIDED, That students wishing to purchase texts pursuant to RCW 28A.320.230(2) shall have priority as to such
texts. The notice requirement in this section does not apply to
the sale or transfer of assistive devices under RCW
28A.335.205 or chapter 72.40 RCW. Such districts or agencies shall not otherwise sell, rent or lease such surplus property to any person, firm, organization, or nongovernmental
agency for at least thirty days following publication of notice
in a newspaper of general circulation in the school district.
(2) In lieu of complying with subsection (1) of this section, school districts and educational service districts may
elect to grant surplus personal property to a federal, state, or
local governmental entity, or to indigent persons, at no cost
on the condition the property be used for preschool through
twelfth grade educational purposes, or elect to loan surplus
28A.335.180
[Title 28A RCW—page 172]
personal property to a nonreligious, nonsectarian private
entity on the condition the property be used for the preschool
through twelfth grade education of members of the public on
a nondiscriminatory basis. [1997 c 264 § 1; 1997 c 104 § 1;
1991 c 116 § 1; 1990 c 33 § 361; 1981 c 306 § 1; 1977 ex.s. c
303 § 1. Formerly RCW 28A.02.110.]
Reviser’s note: This section was amended by 1997 c 104 § 1 and by
1997 c 264 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Disposal of obsolete or surplus reading materials by school districts and
libraries: RCW 39.33.070.
Additional notes found at www.leg.wa.gov
28A.335.190 Advertising for bids—Competitive bid
procedures—Purchases from inmate work programs—
Telephone or written quotation solicitation, limitations—
Emergencies. (1) When, in the opinion of the board of directors of any school district, the cost of any furniture, supplies,
equipment, building, improvements, or repairs, or other work
or purchases, except books, will equal or exceed the sum of
fifty thousand dollars, complete plans and specifications for
such work or purchases shall be prepared and notice by publication given in at least one newspaper of general circulation
within the district, once each week for two consecutive
weeks, of the intention to receive bids and that specifications
and other information may be examined at the office of the
board or any other officially designated location: PROVIDED, That the board without giving such notice may make
improvements or repairs to the property of the district
through the shop and repair department of such district when
the total of such improvements or repair does not exceed the
sum of forty thousand dollars. The cost of any public work,
improvement or repair for the purposes of this section shall
be the aggregate of all amounts to be paid for labor, material,
and equipment on one continuous or interrelated project
where work is to be performed simultaneously or in close
sequence. The bids shall be in writing and shall be opened
and read in public on the date and in the place named in the
notice and after being opened shall be filed for public inspection.
(2) Every purchase of furniture, equipment or supplies,
except books, the cost of which is estimated to be in excess of
forty thousand dollars, shall be on a competitive basis. The
board of directors shall establish a procedure for securing
telephone and/or written quotations for such purchases.
Whenever the estimated cost is from forty thousand dollars
up to seventy-five thousand dollars, the procedure shall
require quotations from at least three different sources to be
obtained in writing or by telephone, and recorded for public
perusal. Whenever the estimated cost is in excess of seventyfive thousand dollars, the public bidding process provided in
subsection (1) of this section shall be followed.
(3) Any school district may purchase goods produced or
provided in whole or in part from class II inmate work programs operated by the department of corrections pursuant to
RCW 72.09.100, including but not limited to furniture,
equipment, or supplies. School districts are encouraged to set
as a target to contract, beginning after June 30, 2006, to purchase up to one percent of the total goods required by the
school districts each year, goods produced or provided in
28A.335.190
(2010 Ed.)
School Districts’ Property
whole or in part from class II inmate work programs operated
by the department of corrections.
(4) Every building, improvement, repair or other public
works project, the cost of which is estimated to be in excess
of forty thousand dollars, shall be on a competitive bid process. Whenever the estimated cost of a public works project
is one hundred thousand dollars or more, the public bidding
process provided in subsection (1) of this section shall be followed unless the contract is let using the small works roster
process in RCW 39.04.155 or under any other procedure
authorized for school districts. One or more school districts
may authorize an educational service district to establish and
operate a small works roster for the school district under the
provisions of RCW 39.04.155.
(5) The contract for the work or purchase shall be
awarded to the lowest responsible bidder as defined in RCW
43.19.1911 but the board may by resolution reject any and all
bids and make further calls for bids in the same manner as the
original call. On any work or purchase the board shall provide bidding information to any qualified bidder or the bidder’s agent, requesting it in person.
(6) In the event of any emergency when the public interest or property of the district would suffer material injury or
damage by delay, upon resolution of the board declaring the
existence of such an emergency and reciting the facts constituting the same, the board may waive the requirements of this
section with reference to any purchase or contract: PROVIDED, That an "emergency," for the purposes of this section, means a condition likely to result in immediate physical
injury to persons or to property of the school district in the
absence of prompt remedial action.
(7) This section does not apply to the direct purchase of
school buses by school districts and educational services in
accordance with RCW 28A.160.195.
(8) This section does not apply to the purchase of Washington grown food.
(9) At the discretion of the board, a school district may
develop and implement policies and procedures to facilitate
and maximize to the extent practicable, purchases of Washington grown food including, but not limited to, policies that
permit a percentage price preference for the purpose of procuring Washington grown food.
(10) As used in this section, "Washington grown" has the
definition in RCW 15.64.060.
(11) As used in this section, "price percentage preference" means the percent by which a responsive bid from a
responsible bidder whose product is a Washington grown
food may exceed the lowest responsive bid submitted by a
responsible bidder whose product is not a Washington grown
food. [2008 c 215 § 6. Prior: 2005 c 346 § 2; 2005 c 286 § 1;
2000 c 138 § 201; 1995 1st sp.s. c 10 § 3; 1994 c 212 § 1;
1990 c 33 § 362; 1985 c 324 § 1; 1980 c 61 § 1; 1975-’76 2nd
ex.s. c 26 § 1; 1969 ex.s. c 49 § 2; 1969 ex.s. c 223 §
28A.58.135; prior: 1961 c 224 § 1. Formerly RCW
28A.58.135, 28.58.135.]
Findings—Intent—Short title—Captions not law—Conflict with
federal requirements—2008 c 215: See notes following RCW 15.64.060.
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Alternative public works contracting procedures: Chapter 39.10 RCW.
(2010 Ed.)
28A.335.205
28A.335.200 Conditional sales contracts for acquisition of property or property rights. Any school district
may execute an executory conditional sales contract with any
other municipal corporation, the state or any of its political
subdivisions, the government of the United States or any private party for the purchase of any real or personal property, or
property rights, in connection with the exercise of any powers
or duties which they now or hereafter are authorized to exercise, if the entire amount of the purchase price specified in
such contract does not result in a total indebtedness in excess
of the limitation authorized by chapter 39.36 RCW, as now or
hereafter amended, to be incurred without the assent of the
voters: PROVIDED, That if such a proposed contract would
result in a total indebtedness in excess of the limitation authorized by chapter 39.36 RCW, as now or hereafter amended, to
be incurred without the assent of the voters, a proposition in
regard to whether or not such a contract may be executed
shall be submitted to the voters for approval or rejection in
the same manner that bond issues for capital purposes are
submitted to the voters: PROVIDED FURTHER, That any
school district may jointly with another school district execute contracts authorized by this section. [1970 ex.s. c 42 §
11; 1969 ex.s. c 223 § 28A.58.550. Prior: 1965 c 62 § 1. Formerly RCW 28A.58.550, 28.58.550.]
28A.335.200
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
Additional notes found at www.leg.wa.gov
28A.335.205 Assistive devices—Transfer for benefit
of children with disabilities—Record, inventory. Notwithstanding any other provision of law, the office of the
superintendent of public instruction, the Washington state
school for the blind, the Washington state center for childhood deafness and hearing loss, school districts, educational
service districts, and all other state or local governmental
agencies concerned with education may loan, lease, sell, or
transfer assistive devices for the use and benefit of children
with disabilities to children with disabilities or their parents
or to any other public or private nonprofit agency providing
services to or on behalf of individuals with disabilities
including but not limited to any agency providing educational, health, or rehabilitation services. The notice requirement in RCW 28A.335.180 does not apply to the loan, lease,
sale, or transfer of such assistive devices. The sale or transfer
of such devices is authorized under this section regardless of
whether or not the devices have been declared surplus. The
sale or transfer shall be recorded in an agreement between the
parties and based upon the item’s depreciated value.
For the purposes of this section, "assistive device" means
any item, piece of equipment, or product system, whether
acquired commercially off-the-shelf, modified, or customized, that is used to increase, maintain, or improve functional
capabilities of children with disabilities.
For the purpose of implementing this section, each educational agency shall establish and maintain an inventory of
assistive technology devices in its possession that exceed one
hundred dollars and, for each such device, shall establish a
value, which shall be adjusted annually to reflect depreciation.
This section shall not enhance or diminish the obligation
of school districts to provide assistive technology to children
28A.335.205
[Title 28A RCW—page 173]
28A.335.210
Title 28A RCW: Common School Provisions
with disabilities where needed to achieve a free and appropriate public education and equal opportunity in accessing academic and extracurricular activities. [2009 c 381 § 28; 1997
c 104 § 2.]
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
28A.335.210 Purchase of works of art—Procedure.
The superintendent of public instruction shall allocate, as a
nondeductible item, out of any moneys appropriated for state
assistance to school districts for the original construction of
any school plant facility the amount of one-half of one percent of the appropriation to be expended by the Washington
state arts commission for the acquisition of works of art. The
works of art may be placed in accordance with Article IX,
sections 2 and 3 of the state Constitution on public lands,
integral to or attached to a public building or structure,
detached within or outside a public building or structure, part
of a portable exhibition or collection, part of a temporary
exhibition, or loaned or exhibited in other public facilities.
The Washington state arts commission shall, in consultation
with the superintendent of public instruction, determine the
amount to be made available for the purchase of works of art
under this section, and payments therefor shall be made in
accordance with law. The designation of projects and sites,
selection, contracting, purchase, commissioning, reviewing
of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall
be the responsibility of the Washington state arts commission
in consultation with the superintendent of public instruction
and representatives of school district boards of directors. The
superintendent of public instruction and the school district
board of directors of the districts where the sites are selected
shall have the right to:
(1) Waive its use of the one-half of one percent of the
appropriation for the acquisition of works of art before the
selection process by the Washington state arts commission;
(2) Appoint a representative to the body established by
the Washington state arts commission to be part of the selection process with full voting rights;
(3) Reject the results of the selection process;
(4) Reject the placement of a completed work or works
of art on school district premises if such works are portable.
Rejection at any point before or after the selection process shall not cause the loss of or otherwise endanger state
construction funds available to the local school district. Any
works of art rejected under this section shall be applied to the
provision of works of art under this chapter, at the discretion
of the Washington state arts commission, notwithstanding
any contract or agreement between the affected school district and the artist involved. In addition to the cost of the
works of art the one-half of one percent of the appropriation
as provided in this section shall be used to provide for the
administration, including conservation of the state art collection, by the Washington state arts commission and all costs
for installation of the work of art. For the purpose of this section building shall not include sheds, warehouses, or other
buildings of a temporary nature.
The executive director of the arts commission, the superintendent of public instruction, and the Washington state
school directors association shall appoint a study group to
28A.335.210
[Title 28A RCW—page 174]
review the operations of the one-half of one percent for works
of art under this section. [2006 c 263 § 327; 2005 c 36 § 1;
1983 c 204 § 7; 1982 c 191 § 2; 1974 ex.s. c 176 § 5. Formerly RCW 28A.58.055.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Acquisition of works of art for public buildings and lands—Visual arts program established: RCW 43.46.090.
Allocation of moneys for acquisition of works of art—Expenditure by arts
commission—Conditions: RCW 43.17.200.
Purchase of works of art—Interagency reimbursement for expenditure by
visual arts program: RCW 43.17.205.
State art collection: RCW 43.46.095.
Additional notes found at www.leg.wa.gov
28A.335.220 Eminent domain. The board of directors
of any school district may proceed to condemn and appropriate not more than fifteen acres of land for any elementary
school purpose; not more than twenty-five acres for any junior high school purpose; not more than forty acres for any
senior high school purpose; except as otherwise provided by
law, not more than seventy-five acres for any vocational technical school purpose; and not more than fifteen acres for any
other school district purpose. Such condemnation proceedings shall be in accordance with chapters 8.16 and 8.25 RCW
and such other laws of this state providing for appropriating
private property for public use by school districts. [1969
ex.s. c 223 § 28A.58.070. Prior: 1963 c 41 § 1; 1957 c 155 §
1; 1949 c 54 § 1; 1909 c 97 p 289 § 13; Rem. Supp. 1949 §
4788. Formerly RCW 28A.58.070, 28.58.070.]
28A.335.220
28A.335.230 Vacant school plant facilities—Lease by
contiguous district—Eligibility for funding assistance.
School districts shall be required to lease for a reasonable fee
vacant school plant facilities from a contiguous school district wherever possible.
No school district with unhoused students may be eligible for state funding assistance for the construction of school
plant facilities if:
(1) The school district contiguous to the school district
applying for the state funding assistance percentage has
vacant school plant facilities;
(2) The superintendent of public instruction has determined the vacant school plant facilities available in the contiguous district will fulfill the needs of the applicant district in
housing unhoused students. In determining whether the contiguous district school plant facilities meet the needs of the
applicant district, consideration shall be given, but not limited to the geographic location of the vacant facilities as they
relate to the applicant district; and
(3) A lease of the vacant school plant facilities can be
negotiated. [2009 c 129 § 2; 2006 c 263 § 328; 1987 c 112 §
1. Formerly RCW 28A.47.105.]
28A.335.230
Intent—2009 c 129: "The intent of this act is to adopt more accurate
and descriptive names for the components of the state funding formula for
the allotment of appropriations for school plant facilities, as recommended
by the joint legislative task force on school construction funding, to promote
clarity and transparency in the funding formula. It is not the intent of this act
to make substantive changes to the funding formula or policies." [2009 c 129
§ 1.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
(2010 Ed.)
School Districts’ Property
Surplus school property: RCW 28A.335.040 through 28A.335.080.
28A.335.240 Schoolhouses, teachers’ cottages—Purchase of realty for district purposes. (1) The board of
directors of a second-class school district shall build schoolhouses and teachers’ cottages when directed by a vote of the
district to do so and may purchase real property for any
school district purpose.
(2) The board of directors of a second-class nonhigh
school district that is totally surrounded by water and serves
fewer than forty students also may authorize the construction
of teachers’ cottages without a vote of the district using funds
from the district’s capital projects fund or general fund.
Rental and other income from the cottages, including sale of
the cottages, may be deposited, in whole or in part, into the
school district’s general fund, debt service fund, or capital
projects fund as determined by the board of directors. [2004
c 6 § 1; 1969 ex.s. c 223 § 28A.60.181. Prior: 1963 c 61 § 1;
1959 c 169 § 1. Formerly RCW 28A.60.181, 28.63.181.]
28A.335.240
Borrowing money, issuing bonds, for schoolhouse sites, playgrounds, erecting buildings and equipping same: RCW 28A.530.010.
Real property—Sale—Purchase to relocate and sell buildings: RCW
28A.335.120.
28A.335.250 School property used for public purposes. School boards in each district of the second class may
provide for the free, comfortable and convenient use of the
school property to promote and facilitate frequent meetings
and association of the people in discussion, study, improvement, recreation and other community purposes, and may
acquire, assemble and house material for the dissemination of
information of use and interest to the farm, the home and the
community, and facilities for experiment and study, especially in matters pertaining to the growing of crops, the
improvement and handling of livestock, the marketing of
farm products, the planning and construction of farm buildings, the subjects of household economies, home industries,
good roads, and community vocations and industries; and
may call meetings for the consideration and discussion of any
such matters, employ a special supervisor, or leader, if need
be, and provide suitable dwellings and accommodations for
teachers, supervisors and necessary assistants. [1975 c 43 §
16; 1969 ex.s. c 223 § 28A.60.190. Prior: 1913 c 129 § 1;
RRS § 4837. Formerly RCW 28A.60.190, 28.63.190.]
28A.335.250
Additional notes found at www.leg.wa.gov
28A.335.260 School property used for public purposes—Community buildings. Each school district of the
second class, by itself or in combination with any other district or districts, shall have power, when in the judgment of
the school board it shall be deemed expedient, to reconstruct,
remodel, or build schoolhouses, and to erect, purchase, lease
or otherwise acquire other improvements and real and personal property, and establish a communal assembly place and
appurtenances, and supply the same with suitable and convenient furnishings and facilities for the uses mentioned in
RCW 28A.335.250. [1990 c 33 § 363; 1975 c 43 § 17; 1969
ex.s. c 223 § 28A.60.200. Prior: 1913 c 129 § 2; RRS § 4838.
Formerly RCW 28A.60.200, 28.63.200.]
28A.335.260
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28A.335.300
28A.335.270
28A.335.270 School property used for public purposes—Special state commission to pass on plans. Plans
of any second-class district or combination of districts for the
carrying out of the powers granted by RCW 28A.335.250
through 28A.335.280 shall be submitted to and approved by
a board of supervisors composed of members, as follows:
The superintendent of public instruction; the head of the
extension department of Washington State University; the
head of the extension department of the University of Washington; and the educational service district superintendent;
these to choose one member from such county in which the
facilities are proposed to be located, and two members, from
the district or districts concerned. [1990 c 33 § 364; 1975-’76
2nd ex.s. c 15 § 12. Prior: 1975 1st ex.s. c 275 § 121; 1975 c
43 § 18; 1973 1st ex.s. c 154 § 46; 1971 c 48 § 37; 1969 ex.s.
c 223 § 28A.60.210; prior: 1913 c 129 § 3; RRS § 4839. Formerly RCW 28A.60.210, 28.63.210.]
Additional notes found at www.leg.wa.gov
28A.335.280
28A.335.280 School property used for public purposes—Limit on expenditures. No real or personal property or improvements shall be purchased, leased, exchanged,
acquired or sold, nor any schoolhouses built, remodeled or
removed, nor any indebtedness incurred or money expended
for any of the purposes of RCW 28A.335.250 through
28A.335.280 except in the manner otherwise provided by law
for the purchase, lease, exchange, acquisition and sale of
school property, the building, remodeling and removing of
schoolhouses and the incurring of indebtedness and expenditure of money for school purposes. [1990 c 33 § 365; 1969
ex.s. c 223 § 28A.60.220. Prior: 1913 c 129 § 4; RRS § 4840.
Formerly RCW 28A.60.220, 28.63.220.]
28A.335.290
28A.335.290 Housing for superintendent—Authorized—Limitation. Notwithstanding any other provision of
law, any second-class school district with an enrollment of
three hundred students or less may provide housing for the
superintendent of the school district, or any person acting in
the capacity of superintendent, by such means and with such
moneys as the school district shall determine: PROVIDED,
That any second-class school district presently providing
such housing may continue to provide the same: PROVIDED FURTHER, That if such housing is exempt from real
property taxation by virtue of school district ownership, the
school district shall charge for such housing, rent at least
equal to the amount of real property tax for which such housing would be liable were it not so owned. [1984 c 40 § 10;
1975 1st ex.s. c 41 § 1. Formerly RCW 28A.60.350.]
Additional notes found at www.leg.wa.gov
28A.335.300
28A.335.300 Playground matting. Every school board
of directors shall consider the purchase of playground matting manufactured from shredded waste tires in undertaking
construction or maintenance of playgrounds. The department
of general administration shall upon request assist in the
development of product specifications and vendor identification. [1991 c 297 § 18.]
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 175]
28A.335.320
Title 28A RCW: Common School Provisions
28A.335.320 Enhanced 911 service—Common and
public school service required. By January 1, 1997, or one
year after enhanced 911 service becomes available or a private switch automatic location identification service
approved by the Washington utilities and transportation commission is available from the serving local exchange telecommunications company, whichever is later, all common and
public schools located in counties that provide enhanced 911
service shall provide persons using school facilities direct
access to telephones that are connected to the public switched
network such that calls to 911 result in automatic location
identification for each telephone in a format that is compatible with the existing and planned county enhanced 911 system during all times that the facility is in use. Any school district acquiring a private telecommunications system that
allows connection to the public switched network after January 1, 1997, shall assure that the telecommunications system
is connected to the public switched network such that calls to
911 result in automatic location identification for each telephone in a format that is compatible with the existing or
planned county enhanced 911 system. [1995 c 243 § 4.]
28A.335.320
Reviser’s note: 1995 c 243 directed that this section be added to chapter 28A.150 RCW. This section has been codified in chapter 28A.335 RCW,
which relates more directly to school district facilities.
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
28A.335.330 Chapter not applicable to certain transfers of property. This chapter does not apply to transfers of
property under *sections 1 and 2 of this act. [2006 c 35 § 6.]
28A.335.330
*Reviser’s note: The reference to "sections 1 and 2 of this act" appears
to be erroneous. Reference to "sections 2 and 3 of this act" codified as RCW
43.99C.070 and 43.83D.120 was apparently intended.
Findings—2006 c 35: See note following RCW 43.99C.070.
Chapter 28A.340 RCW
SMALL HIGH SCHOOL COOPERATIVE PROJECTS
Chapter 28A.340
Sections
28A.340.010 Increased curriculum programs and opportunities.
28A.340.020 Eligibility—Participation.
28A.340.030 Application—Review by the superintendent of public
instruction.
28A.340.040 Adoption of salary schedules—Computation of fringe benefits.
28A.340.060 Rules.
28A.340.070 Allocation of state funds for technical assistance—Contracting with agencies for technical assistance.
28A.340.080 Innovation academy cooperatives—Formation—Student
enrollment.
28A.340.085 Innovation academy cooperatives—Characteristics—Cooperation with institutions of higher education.
28A.340.090 Innovation academy cooperatives—Review and approval of
agreement and plans by the office of the superintendent of
public instruction.
28A.340.010 Increased curriculum programs and
opportunities. Eligible school districts as defined under
RCW 28A.340.020 are encouraged to establish cooperative
projects with a primary purpose to increase curriculum programs and opportunities among the participating districts, by
expanding the opportunity for students in the participating
districts to take vocational and academic courses as may be
generally more available in larger school districts, and to
28A.340.010
[Title 28A RCW—page 176]
enhance student learning. [1990 c 33 § 366; 1988 c 268 § 2.
Formerly RCW 28A.100.080.]
Findings—1988 c 268: "The legislature finds that partnerships among
school districts can: Increase curriculum offerings for students, encourage
creative educational programming and staffing, and result in the cost-effective delivery of educational programs. It is the intent of the legislature to
establish a program to facilitate and encourage such partnerships among
small school districts." [1988 c 268 § 1.]
Additional notes found at www.leg.wa.gov
28A.340.020 Eligibility—Participation. School districts eligible for funding as a small high school district pursuant to the state operating appropriations act shall be eligible
to participate in a cooperative project: PROVIDED, That the
superintendent of public instruction may adopt rules permitting second-class school districts that are not eligible for
funding as a small high school district in the state operating
appropriations act to participate in a cooperative project.
Two or more school districts may participate in a cooperative project pursuant to RCW 28A.340.020 through
28A.340.070. [1990 c 33 § 367; 1988 c 268 § 3. Formerly
RCW 28A.100.082.]
28A.340.020
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
28A.340.030 Application—Review by the superintendent of public instruction. (1) Eligible school districts
desiring to form a cooperative project pursuant to RCW
28A.340.020 through 28A.340.070 shall submit to the superintendent of public instruction an application for review as a
cooperative project. The application shall include, but not be
limited to, the following information:
(a) A description of the cooperative project, including
the programs, services, and administrative activities that will
be operated jointly;
(b) The improvements in curriculum offerings and educational opportunities expected to result from the establishment of the proposed cooperative project;
(c) A list of any statutory requirements or administrative
rules which are considered financial disincentives to the
establishment of cooperative projects and which would
impede the operation of the proposed cooperative project;
and the financial impact to the school districts and the state
expected to result by the granting of a waiver from such statutory requirements or administrative rules;
(d) An assessment of community support for the proposed cooperative project, which assessment shall include
each community affected by the proposed cooperative
project; and
(e) A plan for evaluating the educational and cost-effectiveness of the proposed cooperative project, including curriculum offerings and staffing patterns.
(2) The superintendent of public instruction shall review
the application before the applicant school districts may commence the proposed cooperative project.
In reviewing applications, the superintendent shall be
limited to: (a) The granting of waivers from statutory
requirements, for which the superintendent of public instruction has the express power to implement pursuant to the
adoption of rules, or administrative rules that need to be
waived in order for the proposed cooperative project to be
28A.340.030
(2010 Ed.)
Small High School Cooperative Projects
implemented: PROVIDED, That no statutory requirement or
administrative rule dealing with health, safety, or civil rights
may be waived; and (b) ensuring the technical accuracy of the
application.
Any waiver granted by the superintendent of public
instruction shall be reviewed and may be renewed by the
superintendent every five years subject to the participating
districts submitting a new application pursuant to this section.
(3) If additional eligible school districts wish to participate in an existing cooperative project the cooperative project
as a whole shall reapply for review by the superintendent of
public instruction. [1990 c 33 § 368; 1988 c 268 § 4. Formerly RCW 28A.100.084.]
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
28A.340.040 Adoption of salary schedules—Computation of fringe benefits. (1) School districts participating in
a cooperative project pursuant to RCW 28A.340.030 may
adopt identical salary schedules following compliance with
chapter 41.59 RCW: PROVIDED, That if the districts participating in a cooperative project adopt identical salary schedules, the participating districts shall be considered a single
school district for purposes of establishing compliance with
the salary limitations of RCW 28A.400.200(3) but not for the
purposes of allocation of state funds.
(2) For purposes of computing fringe benefit contributions for purposes of establishing compliance with RCW
28A.400.200(3)(b), the districts participating in a cooperative
project pursuant to RCW 28A.340.030 may use the greater
of: (a) The highest amount provided in the 1986-87 school
year by a district participating in the cooperative project; or
(b) the amount authorized for such purposes in the state operating appropriations act in effect at the time. [1990 c 33 §
369; 1988 c 268 § 5. Formerly RCW 28A.100.086.]
28A.340.040
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
28A.340.060 Rules. (1) The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW to carry out the provisions of RCW 28A.340.010
through 28A.340.070.
(2) When the joint operation of programs or services
includes the teaching of all or substantially all of the curriculum for a particular grade or grades in only one local school
district, the rules shall provide that the affected students are
attending school in the district in which they reside for the
purposes of RCW 28A.150.250 and 28A.150.260 and chapter
28A.545 RCW. [1990 c 33 § 371; 1988 c 268 § 8. Formerly
RCW 28A.100.090.]
28A.340.060
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
28A.340.070 Allocation of state funds for technical
assistance—Contracting with agencies for technical assistance. (1) The superintendent of public instruction may allocate state funds, as may be appropriated, to provide technical
assistance to eligible school districts interested in developing
and implementing a cooperative project.
28A.340.070
(2010 Ed.)
28A.340.085
(2) The superintendent of public instruction may contract with other agencies to provide some or all of the technical assistance under subsection (1) of this section. [1988 c
268 § 9. Formerly RCW 28A.100.092.]
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
28A.340.080
28A.340.080 Innovation academy cooperatives—
Formation—Student enrollment. (1) Two or more nonhigh school districts may form an interdistrict cooperative, to
offer an innovation academy cooperative, as defined in RCW
28A.340.085 and subject to the approval of the office of the
superintendent of public instruction under RCW
28A.340.090, for high school students residing in the participating nonhigh school districts.
(2) Enrollment in an innovation academy cooperative is
optional for students. For students residing in a participating
nonhigh school district who enroll in a high school district
rather than the innovation academy cooperative, the provisions of RCW 28A.540.110 and chapter 28A.545 RCW apply
to the nonhigh school district.
(3) Each innovation academy cooperative shall designate
one of the participating nonhigh school districts to report
enrolled students for funding purposes. The reporting district
shall claim the monthly full-time equivalent students enrolled
in the innovation academy cooperative and receive state
funding allocations, including basic education allocations
that are based on the small high school allocation under the
appropriations act to the extent the number of students
enrolled in the innovation academy cooperative meets the criteria for a small high school. [2010 c 99 § 2.]
Implementation review—Report—2010 c 99: "The office of the
superintendent of public instruction shall review the implementation of
RCW 28A.340.080 through 28A.340.090 to identify keys to success and any
barriers to successful implementation of innovation academy cooperatives
and submit a report to the education committees of the legislature by January
1, 2013." [2010 c 99 § 9.]
Findings—Intent—2010 c 99: "The legislature finds that the availability of technology, online learning, and field and project-based curricula offer
new opportunities for school districts to design innovative programs for high
school students. However, the legislature also finds that while small, rural
school districts desire to offer innovative learning options for students in
their communities, they are constrained by state laws and rules that appear to
prohibit nonhigh school districts from creating options for their high school
students in cooperation with other nonhigh school districts. Therefore, the
legislature intends to authorize and encourage innovative, cooperative high
school programs for students from very small school districts." [2010 c 99 §
1.]
28A.340.085
28A.340.085 Innovation academy cooperatives—
Characteristics—Cooperation with institutions of higher
education. (1) For the purposes of RCW 28A.340.080
through 28A.340.090, an innovation academy cooperative is
a high school program with one or more of the following
characteristics:
(a) Interdisciplinary curriculum and instruction organized into subject-focused themes or academies. Programs
are encouraged to provide an initial focus on academies in
science, technology, engineering, and mathematics;
(b) A combination of instructional service delivery models, including alternative learning experiences, online learning, work-based learning, experiential and field-based learn[Title 28A RCW—page 177]
28A.340.090
Title 28A RCW: Common School Provisions
ing, and direct classroom instruction at multiple and varying
locations;
(c) Intensive and accelerated learning to enable students
to complete high school credits in a short time period; and
(d) Creative scheduling and use of existing school or
community facilities in innovative ways to minimize facility
and transportation costs and maximize access for students
who may be geographically dispersed.
(2) Participating nonhigh school districts shall work with
local community and technical colleges and four-year institutions of higher education to expand the learning options
available for students in an innovation academy cooperative.
[2010 c 99 § 3.]
Implementation review—Report—Findings—Intent—2010 c 99:
See notes following RCW 28A.340.080.
28A.340.090 Innovation academy cooperatives—
Review and approval of agreement and plans by the office
of the superintendent of public instruction. Nonhigh
school districts proposing to enter an interdistrict agreement
to offer an innovation academy cooperative shall submit a
copy of the proposed agreement and operating and instructional plans for the cooperative to the office of the superintendent of public instruction for technical review. The purpose
of the review is for the office to provide technical assistance
and advice to assure that the cooperative addresses issues
identified under RCW 28A.225.250 and to assure that the
proposed instructional program will offer courses and learning experiences that enable students to earn high school
credit and complete a high school diploma. The office of the
superintendent of public instruction must approve agreements and plans before an innovation academy cooperative
begins operation. [2010 c 99 § 4.]
PROVISIONS RELATING TO CERTAIN DISTRICTS
28A.343.600
28A.343.610
28A.343.620
28A.343.630
28A.343.640
28A.343.650
28A.343.660
28A.343.670
28A.343.680
28A.340.090
Implementation review—Report—Findings—Intent—2010 c 99:
See notes following RCW 28A.340.080.
Chapter 28A.343
Chapter 28A.343 RCW
SCHOOL DIRECTOR DISTRICTS
Sections
28A.343.010
28A.343.070
Director candidates in undivided districts—Indication of
term sought—How elected.
Certain school districts—Election for formation of new
school district.
Certain school districts—Election to authorize division in
school districts not already divided into directors’ districts.
Division or redivision of district into director districts.
Dissolution of directors’ districts.
District boundary changes—Submission to county auditor.
Map of directors’ districts.
28A.343.300
28A.343.310
28A.343.320
28A.343.330
28A.343.340
28A.343.350
28A.343.360
28A.343.370
28A.343.380
28A.343.390
28A.343.400
Directors—Terms—Number.
Terms for directors in divided districts.
Declarations of candidacy—Positions as separate offices.
Ballots—Form.
When elected—Eligibility.
Residency.
Oath of office.
Vacancies.
Meetings.
Quorum—Failure to attend meetings.
Compensation—Waiver.
28A.343.020
28A.343.030
28A.343.040
28A.343.050
28A.343.060
ELECTIONS
[Title 28A RCW—page 178]
Certain first-class districts—Staggered terms.
First-class districts having city with population of 400,000
people or more—Directors’ terms.
First-class districts containing no former first-class district—Number and terms of directors.
First-class districts containing only one former first-class
district—Number and terms of directors.
First-class districts containing more than one former firstclass district—Number and terms of directors.
New first-class district having city with population of
400,000 people or more—Number and terms of directors.
First-class districts having city with population of 400,000
people or more—Boundaries of director districts—
Candidate eligibility—Declaration of candidacy—
Primary limited to district voters—Terms of directors.
First-class districts having city with population of 400,000
people or more—Initial director district boundaries—
Appointments to fill vacancies for new director districts—Director district numbers.
New second-class districts—Number and terms of directors.
Reviser’s note: 1999 c 315 §§ 804, 805, and 806 directed that numerous sections in chapter 28A.315 RCW be recodified in three new chapters in
Title 28A RCW. These sections have been recodified in chapter 28A.343
RCW with subheadings.
28A.343.010 Director candidates in undivided districts—Indication of term sought—How elected. Whenever the directors to be elected in a school district that is not
divided into directors’ districts are not all to be elected for the
same term of years, the county auditor shall distinguish them
and designate the same as provided for in *RCW 29.21.140,
and assign position numbers thereto as provided in **RCW
28A.315.470 and each candidate shall indicate on his or her
declaration of candidacy the term for which he or she seeks to
be elected and position number for which he or she is filing.
The candidate receiving the largest number of votes for each
position shall be deemed elected. [1990 c 33 § 317; 1969
ex.s. c 223 § 28A.57.334. Prior: 1959 c 268 § 12. Formerly
RCW 28A.315.560, 28A.57.334, 28.57.420.]
28A.343.010
Reviser’s note: *(1) RCW 29.21.140 was recodified as RCW
29.15.140 pursuant to 1990 c 59 § 110, effective July 1, 1992. RCW
29.15.140 was recodified as RCW 29A.24.020 pursuant to 2003 c 111 §
2401, effective July 1, 2004.
**(2) RCW 28A.315.470 was recodified as RCW 28A.343.320 pursuant to 1999 c 315 § 804.
28A.343.020 Certain school districts—Election for
formation of new school district. Whenever an election
shall be held for the purpose of securing the approval of the
voters for the formation of a new school district other than a
school district of the first class having within its boundaries a
city with a population of four hundred thousand people or
more, if requested by one of the boards of directors of the
school districts affected, there shall also be submitted to the
voters at the same election a proposition to authorize the
board of directors to divide the school district, if formed, into
five directors’ districts in first-class school districts and a
choice of five directors’ districts or no fewer than three directors’ districts with the balance of the directors to be elected at
large in second-class school districts. Such director districts
in second-class districts, if approved, shall not become effective until the regular school election following the next regular school election at which time a new board of directors
shall be elected as provided in *RCW 28A.315.550. Such
director districts in first-class districts, if approved, shall not
28A.343.020
(2010 Ed.)
School Director Districts
become effective until the next regular school election at
which time a new board of directors shall be elected as provided in *RCW 28A.315.600, 28A.315.610, and
28A.315.620. Each of the five directors shall be elected from
among the residents of the respective director district, or from
among the residents of the entire school district in the case of
directors at large, by the electors of the entire school district.
[1991 c 363 § 22; 1991 c 288 § 3. Prior: 1990 c 161 § 5; 1990
c 33 § 319; 1985 c 385 § 27; 1979 ex.s. c 183 § 2; 1975 c 43
§ 8; 1973 2nd ex.s. c 21 § 2; 1971 c 67 § 2; 1969 ex.s. c 223
§ 28A.57.342; prior: 1959 c 268 § 4. Formerly RCW
28A.315.580, 28A.57.342, 28.57.342.]
Reviser’s note: *(1) RCW 28A.315.550, 28A.315.600, 28A.315.610,
and 28A.315.620 were recodified as RCW 28A.343.680, 28A.343.620,
28A.343.630, and 28A.343.640, respectively, pursuant to 1999 c 315 § 805.
(2) This section was amended by 1991 c 288 § 3 and by 1991 c 363 §
22, each without reference to the other. Both amendments are incorporated
in the publication of this section pursuant to RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
28A.343.030 Certain school districts—Election to
authorize division in school districts not already divided
into directors’ districts. The board of directors of every
first-class school district other than a school district of the
first class having within its boundaries a city with a population of four hundred thousand people or more which is not
divided into directors’ districts may submit to the voters at
any regular school district election a proposition to authorize
the board of directors to divide the district into directors’ districts or for second-class school districts into director districts
or a combination of no fewer than three director districts and
no more than two at large positions. If a majority of the votes
cast on the proposition is affirmative, the board of directors
shall proceed to divide the district into directors’ districts following the procedure established in *RCW 29.70.100. Such
director districts, if approved, shall not become effective until
the next regular school election when a new five member
board of directors shall be elected, one from each of the director districts from among the residents of the respective director district, or from among the residents of the entire school
district in the case of directors at large, by the electors of the
entire district, two for a term of two years and three for a term
of four years, unless such district elects its directors for six
years, in which case, one for a term of two years, two for a
term of four years, and two for a term of six years. [1991 c
363 § 23; 1991 c 288 § 4; 1990 c 161 § 6; 1985 c 385 § 28;
1979 ex.s. c 183 § 3; 1975 c 43 § 9; 1973 2nd ex.s. c 21 § 3;
1971 c 67 § 8; 1969 ex.s. c 223 § 28A.57.344. Prior: 1959 c
268 § 3. Formerly RCW 28A.315.590, 28A.57.344,
28.57.344.]
28A.343.030
Reviser’s note: *(1) RCW 29.70.100 was recodified as RCW
29A.76.010 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
(2) This section was amended by 1991 c 288 § 4 and by 1991 c 363 §
23, each without reference to the other. Both amendments are incorporated
in the publication of this section pursuant to RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28A.343.060
28A.343.040 Division or redivision of district into
director districts. It is the responsibility of each school district board of directors to prepare for the division or redivision of the district into director districts no later than eight
months after any of the following:
(1) Receipt of federal decennial census data from the
redistricting commission established in RCW 44.05.030;
(2) Consolidation of two or more districts into one district under *RCW 28A.315.270;
(3) Transfer of territory to or from the district under
*RCW 28A.315.280;
(4) Annexation of territory to or from the district under
*RCW 28A.315.290 or 28A.315.320; or
(5) Approval by a majority of the registered voters voting on a proposition authorizing the division of the district
into director districts pursuant to **RCW 28A.315.590.
The districting or redistricting plan shall be consistent
with the criteria and adopted according to the procedure
established under ***RCW 29.70.100. [1991 c 288 § 1. Formerly RCW 28A.315.593.]
28A.343.040
Reviser’s note: *(1) RCW 28A.315.270, 28A.315.280, 28A.315.290,
and 28A.315.320 were repealed by 1999 c 315 § 801. Later enactment of
R CW 2 8 A.31 5.2 70 , 28 A.3 15 .28 0, a n d 2 8A .31 5.3 20 , se e RC W
28A.315.195, 28A.315.215, and 28A.315.225, respectively.
**(2) RCW 28A.315.590 was recodified as RCW 28A.343.030 pursuant to 1999 c 315 § 806.
***(3) RCW 29.70.100 was recodified as RCW 29A.76.010 pursuant
to 2003 c 111 § 2401, effective July 1, 2004.
28A.343.050 Dissolution of directors’ districts. Upon
receipt by the educational service district superintendent of a
resolution adopted by the board of directors or a written petition from a first-class or second-class school district signed
by at least twenty percent of the registered voters of a school
district previously divided into directors’ districts, which resolution or petition shall request dissolution of the existing
directors’ districts and reapportionment of the district into no
fewer than three directors’ districts and with no more than
two directors at large, the superintendent, after formation of
the question to be submitted to the voters, shall give notice
thereof to the county auditor who shall call and hold a special
election of the voters of the entire school district to approve
or reject such proposal, such election to be called, conducted
and the returns canvassed as in regular school district elections.
If approval of a majority of those registered voters voting
in said election is acquired, at the expiration of terms of the
incumbent directors of such school district their successors
shall be elected in the manner approved. [2008 c 9 § 1. Prior:
1990 c 161 § 3; 1990 c 33 § 326; 1975-’76 2nd ex.s. c 15 § 9;
prior: 1975 1st ex.s. c 275 § 107; 1975 c 43 § 13; 1971 c 48
§ 27; 1969 ex.s. c 223 § 28A.57.415. Formerly RCW
28A.315.660, 28A.57.415.]
28A.343.050
Additional notes found at www.leg.wa.gov
28A.343.060 District boundary changes—Submission to county auditor. (1) Any district boundary changes,
including changes in director district boundaries, shall be
submitted to the county auditor by the school district board of
directors within thirty days after the changes have been
approved by the board. The board shall submit both legal
descriptions and maps.
28A.343.060
[Title 28A RCW—page 179]
28A.343.070
Title 28A RCW: Common School Provisions
(2) Any boundary changes submitted to the county auditor after the fourth Monday in June of odd-numbered years
shall not take effect until the following year. [1991 c 288 § 9.
Formerly RCW 28A.315.597.]
28A.343.070 Map of directors’ districts. Each educational service district superintendent shall prepare and keep
in his or her office a map showing the boundaries of the directors’ districts of all school districts in or belonging to his or
her educational service district that are so divided. [2008 c
159 § 9; 1990 c 33 § 324; 1985 c 385 § 29; 1975 1st ex.s. c
275 § 106; 1969 ex.s. c 176 § 140; 1969 ex.s. c 223 §
28A.57.390. Prior: 1947 c 266 § 38; Rem. Supp. 1947 §
4693-57. Formerly RCW 28A.315.640, 28A.57.390,
28.57.390.]
28A.343.070
Additional notes found at www.leg.wa.gov
ELECTIONS
28A.343.300 Directors—Terms—Number. The governing board of a school district shall be known as the board
of directors of the district.
Unless otherwise specifically provided, as in RCW
29A.04.340, each member of a board of directors shall be
elected by ballot by the registered voters of the school district
and shall hold office for a term of four years and until a successor is elected and qualified. Terms of school directors
shall be staggered, and insofar as possible, not more than a
majority of one shall be elected to full terms at any regular
election. In case a member or members of a board of directors are to be elected to fill an unexpired term or terms, the
ballot shall specify the term for which each such member is to
be elected.
Except for a school district of the first class having
within its boundaries a city with a population of four hundred
thousand people or more which shall have a board of directors of seven members, the board of directors of every school
district of the first class or school district of the second class
shall consist of five members. [2009 c 107 § 1; 1991 c 363 §
20; 1980 c 35 § 1; 1980 c 47 § 1. Prior: 1979 ex.s. c 183 § 1;
1979 ex.s. c 126 § 4; 1975 c 43 § 5; 1973 2nd ex.s. c 21 § 1;
1969 c 131 § 8; 1969 ex.s. c 223 § 28A.57.312; prior: 1957 c
67 § 1; 1955 c 55 § 11; 1947 c 266 § 10; Rem. Supp. 1947 §
4693-29; prior: 1909 pp 289, 290 §§ 1,2; RRS §§ 4790,
4791. Formerly RCW 28A.315.450, 28A.57.312, 28.57.338,
28.58.080.]
28A.343.300
Retroactive application—2009 c 107 §§ 1-4: "Sections 1 through 4 of
this act are retroactive and shall be applied from July 1, 2004, the date that
RCW 29.13.060 was inadvertently repealed as part of a reorganization and
recodification of the statutes on elections." [2009 c 107 § 6.]
divided into directors’ districts are not all to be elected for the
same term of years, the county auditor, prior to the date set by
law for filing a declaration of candidacy for the office of
director, shall determine by lot the directors’ districts from
which directors shall be elected for a term of two years and
the directors’ districts from which directors shall be elected
for a term of four years. In districts with a combination of
directors’ districts and directors at large, the county auditor
shall determine the terms of office in such a manner that twoyear terms and four-year terms are distributed evenly to the
extent possible between the director district and at large positions. Each candidate shall indicate on his or her declaration
of candidacy the directors’ district from which he or she
seeks to be elected or whether the candidate is seeking election as a director at large. [1990 c 161 § 7; 1990 c 33 § 325;
1969 ex.s. c 223 § 28A.57.410. Prior: 1959 c 268 § 11. Formerly RCW 28A.315.650, 28A.57.410, 28.57.410.]
Reviser’s note: This section was amended by 1990 c 33 § 325 and by
1990 c 161 § 7, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
28A.343.320
28A.343.320 Declarations of candidacy—Positions as
separate offices. Candidates for the position of school director shall file their declarations of candidacy as provided in
*Title 29 RCW.
The positions of school directors in each district shall be
dealt with as separate offices for all election purposes, and
where more than one position is to be filled, each candidate
shall file for one of the positions so designated: PROVIDED,
That in school districts containing director districts, or a combination of director districts and director at large positions,
candidates shall file for such director districts or at large positions. Position numbers shall be assigned to correspond to
director district numbers to the extent possible. [1990 c 161
§ 4; 1990 c 59 § 98; 1969 ex.s. c 223 § 28A.57.314. Prior:
1963 c 223 § 1. Formerly RCW 28A.315.470, 28A.57.314,
28.58.082.]
Reviser’s note: *(1) Title 29 RCW was repealed and/or recodified in its
entirety pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW.
(2) This section was amended by 1990 c 59 § 98 and by 1990 c 161 §
4, each without reference to the other. Both amendments are incorporated in
the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Commencement of terms of office: RCW 29A.04.330, 29A.20.030.
Nonpartisan primaries and elections: Chapter 29A.52 RCW.
Effective date—2009 c 107: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 16, 2009]." [2009 c 107 § 7.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
School district elections
in counties with a population of less than two hundred ten thousand, times
for holding: RCW 29A.04.330.
in counties with a population of two hundred ten thousand or more, times
for holding: RCW 29A.04.330.
Terms of office: RCW 29A.04.330, 29A.20.030.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Additional notes found at www.leg.wa.gov
28A.343.310 Terms for directors in divided districts.
Whenever all directors to be elected in a school district that is
28A.343.310
[Title 28A RCW—page 180]
28A.343.330
28A.343.330 Ballots—Form. Except as provided in
*RCW 29.21.010, the positions of school directors and the
candidates therefor shall appear separately on the nonpartisan
ballot in substantially the following form:
(2010 Ed.)
School Director Districts
SCHOOL DIRECTOR ELECTION BALLOT
District No. . . . .
Date . . . . . .
To vote for a person make a cross (X) in the square at the
right of the name of the person for whom you desire to vote.
School District Directors
Position No. 1
Vote for One
....................................
....................................
....................................
Position No. 2
Vote for One
....................................
....................................
....................................
To Fill Unexpired Term
Position No. 3
2 (or 4) year term
Vote for One
....................................
....................................
....................................
The names of candidates shall appear upon the ballot in
order of filing for each position. There shall be no rotation of
names in the printing of such ballots. [1969 ex.s. c 223 §
28A.57.316. Prior: 1963 c 223 § 2. Formerly RCW
28A.315.480, 28A.57.316, 28.58.083.]
*Reviser’s note: RCW 29.21.010 was recodified as RCW 29A.52.210
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
28A.343.340 When elected—Eligibility. Directors of
school districts shall be elected at regular school elections.
No person shall be eligible to the office of school director
who is not a citizen of the United States and the state of
Washington and a registered voter of either the school district
or director district, as the case may be. [1969 ex.s. c 223 §
28A.57.318. Prior: 1909 c 97 p 285 § 1; RRS § 4775; prior:
1903 c 104 § 16; 1901 c 41 § 2; 1899 c 142 § 7; 1897 c 118 §
39; 1893 c 107 § 2; 1890 p 364 § 25. Formerly RCW
28A.315.490, 28A.57.318, 28.58.090.]
28A.343.340
28A.343.350 Residency. Notwithstanding RCW
42.12.010(4), a school director elected from a director district
may continue to serve as a director from the district even
though the director no longer resides in the director district,
but continues to reside in the school district, under the following conditions:
(1) If, as a result of redrawing the director district boundaries, the director no longer resides in the director district, the
director shall retain his or her position for the remainder of
his or her term of office; and
(2) If, as a result of the director changing his or her place
of residence the director no longer resides in the director district, the director shall retain his or her position until a succes28A.343.350
(2010 Ed.)
28A.343.370
sor is elected and assumes office as follows: (a) If the change
in residency occurs after the opening of the regular filing
period provided under *RCW 29.15.020, in the year two
years after the director was elected to office, the director shall
remain in office for the remainder of his or her term of office;
or (b) if the change in residency occurs prior to the opening of
the regular filing period provided under *RCW 29.15.020, in
the year two years after the director was elected to office, the
director shall remain in office until a successor assumes
office who has been elected to serve the remainder of the
unexpired term of office at the school district general election
held in that year. [1999 c 194 § 1.]
Reviser’s note: *(1) RCW 29.15.020 was recodified as RCW
29A.24.050 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
(2) 1999 c 194 § 1 directed that this section be added to chapter
28A.315 RCW. Chapter 28A.315 RCW was reorganized and partially recodified by 1999 c 315, therefore codification in chapter 28A.343 RCW is more
appropriate.
28A.343.360 Oath of office. Every person elected or
appointed to the office of school director, before entering
upon the discharge of the duties thereof, shall take an oath or
affirmation to support the Constitution of the United States
and the state of Washington and to faithfully discharge the
duties of the office according to the best of his or her ability.
In case any official has a written appointment or commission,
the official’s oath or affirmation shall be endorsed thereon
and sworn to before any officer authorized to administer
oaths. School officials are hereby authorized to administer all
oaths or affirmations pertaining to their respective offices
without charge or fee. All oaths of office, when properly
made, shall be filed with the county auditor. Every person
elected to the office of school director shall begin his or her
term of office at the first official meeting of the board of
directors following certification of the election results. [1990
c 33 § 314; 1988 c 187 § 1; 1986 c 167 § 16; 1969 ex.s. c 223
§ 28A.57.322. Prior: 1909 c 97 p 288 § 11; RRS § 4786;
prior: 1897 c 118 § 61; 1890 p 380 § 70. Formerly RCW
28A.315.500, 28A.57.322, 28.58.095, 28.63.015, 28.63.017,
42.04.030.]
28A.343.360
Additional notes found at www.leg.wa.gov
28A.343.370 Vacancies. (1) In case of a vacancy from
any cause on the board of directors of a school district other
than a reconstituted board resulting from reorganized school
districts, a majority of the legally established number of
board members shall fill such vacancy by appointment:
PROVIDED, That should there exist fewer board members
on the board of directors of a school district than constitutes a
majority of the legally established number of board members,
the educational service district board members of the district
in which the school district is located by the vote of a majority of its legally established number of board members shall
appoint a sufficient number of board members to constitute a
legal majority on the board of directors of such school district; and the remaining vacancies on such board of directors
shall be filled by such board of directors in accordance with
the provisions of this section: PROVIDED FURTHER, That
should any board of directors for whatever reason fail to fill a
vacancy within ninety days from the creation of such
vacancy, the members of the educational service district
28A.343.370
[Title 28A RCW—page 181]
28A.343.380
Title 28A RCW: Common School Provisions
board of the district in which the school district is located by
majority vote shall fill such vacancy.
(2) Appointees to fill vacancies on boards of directors of
school districts shall meet the requirements provided by law
for school directors and shall serve until the next regular
school district election, at which time a successor shall be
elected for the unexpired term.
(3) If a vacancy will be created by a board member who
has submitted a resignation, that board member may not vote
on the selection of his or her replacement. [1991 c 60 § 1;
1975 1st ex.s. c 275 § 100; 1971 c 53 § 2; 1969 ex.s. c 176 §
156; 1969 ex.s. c 223 § 28A.57.326. Prior: (i) 1909 c 97 p
292 § 12; RRS 4801; prior: 1907 c 31 § 3; 1897 c 118 § 89;
1890 p 390 § 16. Formerly RCW 28.62.120. (ii) 1909 c 97 p
298 § 3; RRS § 4813. Formerly RCW 28.63.020. (iii) 1909 c
97 p 301 § 3; RRS § 4825. Formerly RCW 28.63.022. (iv)
1959 c 216 § 7, part; 1955 c 157 § 14, part; prior: 1909 p 281
§ 4, part; 1903 c 104 § 14, part; 1899 c 142 § 6, part; 1897 c
118 § 33, part; 1891 c 127 § 3, part; 1890 p 355 § 11, part;
RRS § 4770, part. Formerly RCW 28A.315.530, 28A.57.326,
28.19.060, part.]
Additional notes found at www.leg.wa.gov
28A.343.380 Meetings. Regular meetings of the board
of directors of any school district shall be held monthly or
more often at such a time as the board of directors by resolution shall determine or the bylaws of the board may prescribe.
Special or deferred meetings may be held from time to time
as circumstances may demand, at the call of the president, if
a first-class district, or the chair of the board, if a second-class
district, or on petition of a majority of the members of the
board. All meetings shall be open to the public unless the
board shall otherwise order an executive session as provided
in RCW 42.30.110. [1990 c 33 § 315; 1983 c 3 § 35; 1975 c
43 § 6; 1969 ex.s. c 223 § 28A.57.324. Prior: (i) 1909 c 97 p
291 § 9; RRS § 4798; prior: 1897 c 118 § 86; 1890 p 389 §
13. Formerly RCW 28.62.090. (ii) 1965 ex.s. c 87 § 1; 1909
c 97 p 299 § 6; RRS § 4816. Formerly RCW 28.63.030. (iii)
1965 ex.s. c 87 § 2; 1909 c 97 p 302 § 6; RRS § 4828. Formerly RCW 28A.315.510, 28A.57.324, 28.63.032.]
28A.343.380
Additional notes found at www.leg.wa.gov
28A.343.390 Quorum—Failure to attend meetings.
A majority of all members of the board of directors shall constitute a quorum. Absence of any board member from four
consecutive regular meetings of the board, unless on account
of sickness or authorized by resolution of the board, shall be
sufficient cause for the remaining members of the board to
declare by resolution that such board member position is
vacated. In addition, vacancies shall occur as provided in
RCW 42.12.010. [1994 c 223 § 5; 1971 c 53 § 4. Formerly
RCW 28A.315.520, 28A.57.325.]
28A.343.390
Additional notes found at www.leg.wa.gov
28A.343.400 Compensation—Waiver. Each member
of the board of directors of a school district may receive compensation of fifty dollars per day or portion thereof for attending board meetings and for performing other services on
behalf of the school district, not to exceed four thousand eight
hundred dollars per year, if the district board of directors has
28A.343.400
[Title 28A RCW—page 182]
authorized by board resolution, at a regularly scheduled
meeting, the provision of such compensation. A board of
directors of a school district may authorize such compensation only from locally collected excess levy funds available
for that purpose, and compensation for board members shall
not cause the state to incur any present or future funding obligation.
Any director may waive all or any portion of his or her
compensation under this section as to any month or months
during his or her term of office, by a written waiver filed with
the district as provided in this section. The waiver, to be
effective, must be filed any time after the director’s election
and before the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of
months for which it is made.
The compensation provided in this section shall be in
addition to any reimbursement for expenses paid to such
directors by the school district. [1987 c 307 § 2. Formerly
RCW 28A.315.540, 28A.57.327.]
Intent—1987 c 307: "The legislature declares it is the policy of the
state to:
(1) Ensure, for the sake of educational excellence, that the electorate
has the broadest possible field in which to choose qualified candidates for its
school boards;
(2) Ensure that the opportunity to serve on school boards be open to all,
regardless of financial circumstances; and
(3) Ensure that the time-consuming and demanding service as directors
not be limited to those able or willing to make substantial personal and financial sacrifices." [1987 c 307 § 1.]
Additional notes found at www.leg.wa.gov
PROVISIONS RELATING TO CERTAIN DISTRICTS
28A.343.600 Certain first-class districts—Staggered
terms. Any first-class school district having a board of directors of five members as provided in RCW 28A.343.300 and
which elects directors for a term of six years under the provisions of RCW 29A.04.340 shall cause the office of at least
one director and no more than two directors to be up for election at each regular school district election held hereafter and,
except as provided in RCW 28A.343.670, any first-class
school district having a board of directors of seven members
as provided in RCW 28A.343.300 shall cause the office of
two directors and no more than three directors to be up for
election at each regular school district election held hereafter.
[2009 c 107 § 2; 1990 c 33 § 318; 1969 c 131 § 11; 1969 ex.s.
c 223 § 28A.57.336. Prior: 1959 c 268 § 13. Formerly RCW
28A.315.570, 28A.57.336, 28.57.430.]
28A.343.600
Retroactive application—2009 c 107 §§ 1-4: See note following
RCW 28A.343.300.
Effective date—2009 c 107: See note following RCW 28A.343.300.
28A.343.610 First-class districts having city with
population of 400,000 people or more—Directors’ terms.
After July 1, 1979, the election of directors of any first-class
school district having within its boundaries a city with a population of four hundred thousand people or more, shall be to
four year terms. The initial four year terms required by this
section shall commence upon the expiration of terms in existence at July 1, 1979. Nothing in chapter 183, Laws of 1979
ex. sess. shall affect the term of office of any incumbent
director of any such first-class school district. [1991 c 363 §
28A.343.610
(2010 Ed.)
School Director Districts
21; 1979 ex.s. c 183 § 10. Formerly RCW 28A.315.460,
28A.57.313.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Directors—Number and terms of in new first-class district having city with
population of 400,000 people or more: RCW 28A.343.650.
Additional notes found at www.leg.wa.gov
28A.343.620 First-class districts containing no
former first-class district—Number and terms of directors. Upon the establishment of a new school district of the
first class as provided for in *RCW 28A.315.580 containing
no former first-class district, the directors of the old school
districts who reside within the limits of the new district shall
meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. If fewer than five such directors reside in such new district, they shall become directors of said district and the educational service district board shall appoint the number of
additional directors to constitute a board of five directors for
the district. Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining
board members is less than five, and such vacancies shall be
filled in the manner otherwise provided by law.
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law
upon boards of directors of first-class school districts until
the next regular school election in the district at which election their successors shall be elected and qualified. At such
election no more than five directors shall be elected either at
large or by director districts, as the case may be, two for a
term of two years and three for a term of four years: PROVIDED, That if such first-class district is in a county with a
population of two hundred ten thousand or more and contains
a city of the first class, two directors shall be elected for a
term of three years and three directors shall be elected for a
term of six years. [1991 c 363 § 24; 1990 c 33 § 320; 1980 c
35 § 3; 1979 ex.s. c 126 § 6; 1975 1st ex.s. c 275 § 102; 1971
c 67 § 3. Formerly RCW 28A.315.600, 28A.57.355.]
28A.343.620
*Reviser’s note: RCW 28A.315.580 was recodified as RCW
28A.343.020 pursuant to 1999 c 315 § 806.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Additional notes found at www.leg.wa.gov
28A.343.630 First-class districts containing only one
former first-class district—Number and terms of directors. Upon the establishment of a new school district of the
first class as provided for in *RCW 28A.315.580 containing
only one former first-class district, the directors of the former
first-class district and two directors representative of former
second-class districts selected by a majority of the board
members of former second-class districts shall meet at the
call of the educational service district superintendent and
shall constitute the board of directors of the new district.
Vacancies, once such a board has been reconstituted, shall
not be filled unless the number of remaining board members
is less than five, and such vacancies shall be filled in the manner otherwise provided by law.
28A.343.630
(2010 Ed.)
28A.343.640
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law
upon boards of directors of first-class school districts until
the next regular school election in the district at which election their successors shall be elected and qualified. At such
election no more than five directors shall be elected either at
large or by director districts, as the case may be, two for a
term of two years and three for a term of four years: PROVIDED, That if such first-class district is in a county with a
population of two hundred ten thousand or more and contains
a city of the first class, two directors shall be elected for a
term of three years and three directors shall be elected for a
term of six years. [1991 c 363 § 25; 1990 c 33 § 321; 1980 c
35 § 4; 1979 ex.s. c 126 § 7; 1975-’76 2nd ex.s. c 15 § 6.
Prior: 1975 1st ex.s. c 275 § 103; 1975 c 43 § 10; 1971 c 67
§ 4. Formerly RCW 28A.315.610, 28A.57.356.]
*Reviser’s note: RCW 28A.315.580 was recodified as RCW
28A.343.020 pursuant to 1999 c 315 § 806.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Additional notes found at www.leg.wa.gov
28A.343.640 First-class districts containing more
than one former first-class district—Number and terms
of directors. Upon the establishment of a new school district
of the first class as provided for in RCW 28A.343.020 containing more than one former first-class district, the directors
of the largest former first-class district and three directors
representative of the other former first-class districts selected
by a majority of the board members of the former first-class
districts and two directors representative of former secondclass districts selected by a majority of the board members of
former second-class districts shall meet at the call of the educational service district superintendent and shall constitute
the board of directors of the new district. Vacancies once
such a board has been reconstituted shall not be filled unless
the number of remaining board members is less than seven,
and such vacancies shall be filled in the manner otherwise
provided by law.
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and thereafter shall have all of the powers and authority conferred by
law upon boards of first-class districts until the next regular
school election and until their successors are elected and
qualified. At such election other than districts electing directors for six-year terms as provided in RCW 29A.04.340, five
directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and
three for a term of four years. At such election for districts
electing directors for six years other than a district having
within its boundaries a city with a population of four hundred
thousand people or more and electing directors for six year
terms, five directors shall be elected either at large or by
director districts, as the case may be, one for a term of two
years, two for a term of four years, and two for a term of six
years. [2009 c 107 § 3; 1991 c 363 § 26; 1990 c 33 § 322;
1980 c 35 § 5; 1980 c 47 § 2. Prior: 1979 ex.s. c 183 § 4;
1979 ex.s. c 126 § 8; 1975-’76 2nd ex.s. c 15 § 7; prior: 1975
1st ex.s. c 275 § 104; 1975 c 43 § 11; 1973 2nd ex.s. c 21 §
28A.343.640
[Title 28A RCW—page 183]
28A.343.650
Title 28A RCW: Common School Provisions
10; 1973 c 19 § 1; 1971 c 67 § 5. Formerly RCW
28A.315.620, 28A.57.357.]
Retroactive application—2009 c 107 §§ 1-4: See note following
RCW 28A.343.300.
Effective date—2009 c 107: See note following RCW 28A.343.300.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Additional notes found at www.leg.wa.gov
28A.343.650 New first-class district having city with
population of 400,000 people or more—Number and
terms of directors. Upon the establishment of a new school
district of the first class having within its boundaries a city
with a population of four hundred thousand people or more,
the directors of the largest former first-class district and three
directors representative of the other former first-class districts selected by a majority of the board members of the
former first-class districts and two directors representative of
former second-class districts selected by a majority of the
board members of former second-class districts shall meet at
the call of the educational service district superintendent and
shall constitute the board of directors of the new district.
Each board of directors so constituted shall proceed at once to
organize in the manner prescribed by law and thereafter shall
have all the powers and duties conferred by law upon boards
of first-class districts, until the next regular school election
and until their successors are elected and qualified. Such
duties shall include establishment of new director districts as
provided for in *RCW 28A.315.670. At the next regular
school election seven directors shall be elected by director
districts, two for a term of two years, two for a term of four
years and three for a term of six years. Thereafter their terms
shall be as provided in *RCW 28A.315.460.
Vacancies once such a board has been reconstituted shall
not be filled unless the number of remaining board members
is less than seven, and such vacancies shall be filled in the
manner otherwise provided by law. [1991 c 363 § 27; 1990 c
33 § 323; 1980 c 35 § 6; 1980 c 47 § 3. Prior: 1979 ex.s. c 183
§ 5; 1979 ex.s. c 126 § 9; 1975-’76 2nd ex.s. c 15 § 8; prior:
1975 1st ex.s. c 275 § 105; 1975 c 43 § 12; 1973 2nd ex.s. c
21 § 4; 1971 c 67 § 6. Formerly RCW 28A.315.630,
28A.57.358.]
28A.343.650
*Reviser’s note: RCW 28A.315.670 and 28A.315.460 were recodified
as RCW 28A.343.660 and 28A.343.610, respectively, pursuant to 1999 c
315 § 805.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Directors—First-class districts having city with population of 400,000 people or more—Terms: RCW 28A.343.610.
Additional notes found at www.leg.wa.gov
28A.343.660 First-class districts having city with
population of 400,000 people or more—Boundaries of
director districts—Candidate eligibility—Declaration of
candidacy—Primary limited to district voters—Terms of
directors. Notwithstanding any other provision of law, any
school district of the first class having within its boundaries a
city with a population of four hundred thousand people or
more shall be divided into seven director districts. The
28A.343.660
[Title 28A RCW—page 184]
boundaries of such director districts shall be established by
the members of the school board, such boundaries to be
established so that each such district shall comply, as nearly
as practicable, with the criteria established in *RCW
29.70.100. Boundaries of such director districts shall be
adjusted by the school board following the procedure established in *RCW 29.70.100 after each federal decennial census if population change shows the need thereof to comply
with the criteria of *RCW 29.70.100. No person shall be eligible for the position of school director in any such director
district unless such person resides in the particular director
district. Residents in the particular director district desiring to
be a candidate for school director shall file their declarations
of candidacy for such director district and for the position of
director in that district and shall be voted upon, in any primary required to be held for the position under **Title 29
RCW, by the registered voters of that particular director district. In the general election, each position shall be voted
upon by all the registered voters in the school district. The
order of the names of candidates shall appear on the primary
and general election ballots as required for nonpartisan positions under **Title 29 RCW. Except as provided in ***RCW
28A.315.680, every such director so elected in school districts divided into seven director districts shall serve for a
term of four years as otherwise provided in ***RCW
28A.315.460. [1991 c 363 § 28; 1991 c 288 §§ 5, 6. Prior:
1990 c 59 § 99; 1990 c 33 § 327; 1979 ex.s. c 183 § 6; 1973
2nd ex.s. c 21 § 5; 1969 c 131 § 9. Formerly RCW
28A.315.670, 28A.57.425.]
Reviser’s note: *(1) RCW 29.70.100 was recodified as RCW
29A.76.010 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) Title 29 RCW was repealed and/or recodified in its entirety pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW.
***(3) RCW 28A.315.680 and 28A.315.460 were recodified as RCW
28A.343.670 and 28A.343.610, respectively, pursuant to 1999 c 315 § 805.
(4) This section was amended by 1991 c 288 §§ 5 and 6 and by 1991 c
363 § 28, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule
of construction, see RCW 1.12.025(1).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
28A.343.670
28A.343.670 First-class districts having city with
population of 400,000 people or more—Initial director
district boundaries—Appointments to fill vacancies for
new director districts—Director district numbers. The
school boards of any school district of the first class having
within its boundaries a city with a population of four hundred
thousand people or more shall establish the director district
boundaries. Appointment of a board member to fill any
vacancy existing for a new director district prior to the next
regular school election shall be by the school board. Prior to
the next regular election in the school district and the filing of
declarations of candidacy therefor, the incumbent school
board shall designate said director districts by number. Directors appointed to fill vacancies as above provided shall be
subject to election, one for a six-year term, and one for a twoyear term and thereafter the term of their respective successors shall be for four years. The term of office of incumbent
(2010 Ed.)
Washington State School Directors’ Association
members of the board of such district shall not be affected by
*RCW 28A.315.450, 28A.315.460, 28A.315.570,
28A.315.670, and 28A.315.680. [1995 c 335 § 106. Prior:
1991 c 363 § 29; 1991 c 288 §§ 7, 8; prior: 1990 c 59 § 72;
1990 c 33 § 328; 1983 c 3 § 36; 1979 ex.s. c 183 § 7; 1973
2nd ex.s. c 21 § 6; 1969 c 131 § 10. Formerly RCW
28A.315.680, 28A.57.435.]
*Reviser’s note: RCW 28A.315.450, 28A.315.460, 28A.315.570,
28A.315.670, and 28A.315.680 were recodified as RCW 28A.343.300,
28A.343.610, 28A.343.600, 28A.343.660, and 28A.343.670, respectively,
pursuant to 1999 c 315 §§ 804 and 805.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
28A.343.680
28A.343.680 New second-class districts—Number
and terms of directors. Upon the establishment of a new
school district of the second class, the directors of the old
school districts who reside within the limits of the new district shall meet at the call of the educational service district
superintendent and shall constitute the board of directors of
the new district. If fewer than five such directors reside in any
such new second-class school district, they shall become
directors of said district, and the educational service district
board shall appoint the number of additional directors
required to constitute a board of five directors for the new
second-class district. Vacancies once such a board has been
reconstituted shall not be filled unless the number of remaining board members is less than five in a second-class district,
and such vacancies shall be filled in the manner otherwise
provided by law.
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law
upon boards of directors of other districts of the same class.
Each initial director shall hold office until his or her successor is elected and qualified: PROVIDED, That the election
of the successor shall be held during the second district general election after the initial directors have assumed office. At
such election, no more than five directors shall be elected
either at large or by director districts, as the case may be, two
for a term of two years and three for a term of four years.
Directors thereafter elected and qualified shall serve such
terms as provided for in *RCW 28A.315.450. [1990 c 33 §
316; 1980 c 35 § 2; 1979 ex.s. c 126 § 5; 1975-’76 2nd ex.s.
c 15 § 5. Prior: 1975 1st ex.s. c 275 § 101; 1975 c 43 § 7;
1971 c 67 § 1; 1969 ex.s. c 176 § 137; 1969 ex.s. c 223 §
28A.57.328; prior: 1959 c 268 § 7, part; 1947 c 266 § 24,
part; Rem. Supp. 1947 § 4693-43, part. Formerly RCW
28A.315.550, 28A.57.328, 28.57.350, part.]
*Reviser’s note: RCW 28A.315.450 was recodified as RCW
28A.343.300 pursuant to 1999 c 315 § 804.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Chapter 28A.345
28A.345.030
Chapter 28A.345 RCW
WASHINGTON STATE SCHOOL
DIRECTORS’ ASSOCIATION
Sections
28A.345.010
28A.345.020
28A.345.030
28A.345.040
28A.345.050
28A.345.060
Association created.
Membership.
Powers of association.
Coordination of policies—Report.
Association dues—Payment.
Audit of staff classifications and employees’ salaries—Contract with department of personnel—Copies.
28A.345.070 Tribal relationships—Achievement gap—Curriculum—
Reports to the legislature.
28A.345.902 Effective date—1983 c 187.
Motor vehicle transportation services—Washington state school directors’
association defined as state agency for purposes of: RCW 43.19.560.
28A.345.010 Association created. The public necessity for the coordination of programs and procedures pertaining to policymaking and to control and management among
the school districts of the state is hereby recognized, and in
the furtherance of such coordination there is hereby created
for said purpose an agency of the state to be known as the
Washington state school directors’ association, hereinafter
designated as the school directors’ association. [1969 ex.s. c
223 § 28A.61.010. Prior: 1947 c 169 § 1; Rem. Supp. 1947 §
4709-20. Formerly RCW 28A.61.010, 28.58.320.]
28A.345.010
28A.345.020 Membership. The membership of the
school directors’ association shall comprise the members of
the boards of directors of the school districts of the state.
[1969 ex.s. c 223 § 28A.61.020. Prior: 1947 c 169 § 2; Rem.
Supp. 1947 § 4709-21. Formerly RCW 28A.61.020,
28.58.330.]
28A.345.020
28A.345.030 Powers of association. The school directors’ association shall have the power:
(1) To prepare and adopt, amend and repeal a constitution and rules and regulations, and bylaws for its own organization including county or regional units and for its government and guidance: PROVIDED, That action taken with
respect thereto is consistent with the provisions of this chapter or with other provisions of law;
(2) To arrange for and call such meetings of the association or of the officers and committees thereof as are deemed
essential to the performance of its duties;
(3) To provide for the compensation of members of the
board of directors in accordance with RCW 43.03.240, and
for payment of travel and subsistence expenses incurred by
members and/or officers of the association and association
staff while engaged in the performance of duties under direction of the association in the manner provided by RCW
28A.320.050;
(4) To employ an executive director and other staff and
pay such employees out of the funds of the association;
(5) To conduct studies and disseminate information
therefrom relative to increased efficiency in local school
board administration;
(6) To buy, lease, sell, or exchange such personal and
real property as necessary for the efficient operation of the
association and to borrow money, issue deeds of trust or other
evidence of indebtedness, or enter into contracts for the pur28A.345.030
[Title 28A RCW—page 185]
28A.345.040
Title 28A RCW: Common School Provisions
chase, lease, remodeling, or equipping of office facilities or
the acquisition of sites for such facilities;
(7) To purchase liability insurance for school directors,
which insurance may indemnify said directors against any or
all liabilities for personal or bodily injuries and property
damage arising from their acts or omissions while performing
or while in good faith purporting to perform their official
duties as school directors;
(8) To provide advice and assistance to local boards to
promote their primary duty of representing the public interest;
(9) Upon request by a local school district board(s) of
directors, to make available on a cost reimbursable contract
basis (a) specialized services, (b) research information, and
(c) consultants to advise and assist district board(s) in particular problem areas: PROVIDED, That such services, information, and consultants are not already available from other
state agencies, educational service districts, or from the informati on and research services author ized by R CW
28A.320.110. [1991 c 66 § 1; 1990 c 33 § 372; 1989 c 325 §
1; 1983 c 187 § 1; 1979 c 151 § 13; 1974 ex.s. c 101 § 1; 1969
ex.s. c 184 § 4; 1969 ex.s. c 223 § 28A.61.030. Prior: 1947 c
169 § 3; Rem. Supp. 1947 § 4709-22. Formerly RCW
28A.61.030, 28.58.340.]
Additional notes found at www.leg.wa.gov
28A.345.040
28A.345.040 Coordination of policies—Report. It
shall be the duty of the school directors’ association (1) to
take such action as the association deems advisable to effect
a coordination of policymaking, control, and management of
the school districts of the state; and (2) to prepare and submit
to the superintendent of public instruction annually, and
oftener if deemed advisable by the association, reports and
recommendations respecting the aforesaid matters and any
other matters which in the judgment of the association pertain
to an increase in the efficiency of the common school system.
[1969 ex.s. c 223 § 28A.61.040. Prior: 1947 c 169 § 4; Rem.
Supp. 1947 § 4709-23. Formerly RCW 28A.61.040,
28.58.350.]
28A.345.050
28A.345.050 Association dues—Payment. The school
directors’ association may establish a graduated schedule of
dues for members of the association based upon the number
of certificated personnel in each district. Dues shall be established for the directors of each district as a group. The total of
all dues assessed shall not exceed twenty-seven cents for each
one thousand dollars of the statewide total of all school districts’ general fund receipts. The board of directors of a
school district shall make provision for payment out of the
general fund of the district of the dues of association members resident in the district, which payment shall be made in
the manner provided by law for the payment of other claims
against the general fund of the district. The dues for each
school district shall be due and payable on the first day of
January of each year. [1983 c 187 § 2; 1969 c 125 § 2; 1969
ex.s. c 223 § 28A.61.050. Prior: 1967 ex.s. c 8 § 76; 1965 c
103 § 1; 1957 c 281 § 1; 1953 c 226 § 1; 1947 c 169 § 5; Rem.
Supp. 1947 § 4709-24. Formerly RCW 28A.61.050,
28.58.360.]
[Title 28A RCW—page 186]
28A.345.060 Audit of staff classifications and
employees’ salaries—Contract with department of personnel—Copies. The association shall contract with the
department of personnel for the department of personnel to
audit in odd-numbered years the association’s staff classifications and employees’ salaries. The association shall give copies of the audit reports to the office of financial management
and the committees of each house of the legislature dealing
with common schools. [1986 c 158 § 3; 1983 c 187 § 4. Formerly RCW 28A.61.070.]
28A.345.060
28A.345.070 Tribal relationships—Achievement
gap—Curriculum—Reports to the legislature. (1) Beginning in 2006, and at least once annually through 2010, the
Washington state school directors’ association is encouraged
to convene regional meetings and invite the tribal councils
from the region for the purpose of establishing governmentto-government relationships and dialogue between tribal
councils and school district boards of directors. Participants
in these meetings should discuss issues of mutual concern,
and should work to:
(a) Identify the extent and nature of the achievement gap
and strategies necessary to close it;
(b) Increase mutual awareness and understanding of the
importance of accurate, high-quality curriculum materials
about the history, culture, and government of local tribes; and
(c) Encourage school boards to identify and adopt curriculum that includes tribal experiences and perspectives, so that
Indian students are more engaged and learn more successfully, and so that all students learn about the history, culture,
government, and experiences of their Indian peers and neighbors.
(2) By December 1, 2008, and every two years thereafter
through 2012, the school directors’ association shall report to
the education committees of the legislature regarding the
progress made in the development of effective governmentto-government relations, the narrowing of the achievement
gap, and the identification and adoption of curriculum regarding tribal history, culture, and government. The report shall
include information about any obstacles encountered, and
any strategies under development to overcome them. [2005 c
205 § 2.]
28A.345.070
Inte nt —F i ndi ngs— 2 005 c 20 5: See n ot e fol l ow i ng RC W
28A.320.170.
28A.345.902 Effective date—1983 c 187. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect June 30,
1983. [1983 c 187 § 8. Formerly RCW 28A.61.910.]
28A.345.902
Chapter 28A.400
Chapter 28A.400 RCW
EMPLOYEES
Sections
SUPERINTENDENTS
28A.400.010 Employment of superintendent—Superintendent’s qualifications, general powers, term, contract renewal.
28A.400.020 Directors’ and superintendents’ signatures filed with auditor.
28A.400.030 Superintendent’s duties.
(2010 Ed.)
Employees
PRINCIPALS
28A.400.100 Principals and vice principals—Employment of—Qualifications—Duties.
28A.400.110 Principal to assure appropriate student discipline—Building
discipline standards—Classes to improve classroom management skills.
SALARY AND COMPENSATION
28A.400.200 Salaries and compensation for employees—Minimum
amounts—Limitations—Supplemental contracts.
28A.400.201 Enhanced salary allocation model for educator development
and certification—Technical working group—Report and
recommendation.
28A.400.205 Cost-of-living increases for employees.
28A.400.206 Cost-of-living increases—Duty of state.
28A.400.210 Employee attendance incentive program—Remuneration or
benefit plan for unused sick leave.
28A.400.212 Employee attendance incentive program—Effect of early
retirement.
28A.400.220 Employee salary or compensation—Limitations respecting.
28A.400.230 Deposit of cumulative total of earnings of group of employees—Authorized—Conditions.
28A.400.240 Deferred compensation plan for school district or educational
service district employees—Limitations.
28A.400.250 Tax deferred annuities—Regulated company stock.
28A.400.260 Pension benefits or annuity benefits for certain classifications
of employees—Procedure.
28A.400.270 Employee benefit—Definitions.
28A.400.275 Employee benefits—Contracts.
28A.400.280 Employee benefits—Employer contributions.
28A.400.285 Contracts for services performed by classified employees.
HIRING AND DISCHARGE
28A.400.300 Hiring and discharging of employees—Written leave policies—Seniority and leave benefits of employees transferring between school districts and other educational
employers.
28A.400.301 Information on past sexual misconduct—Requirement for
applicants—Limitation on contracts and agreements—
Employee right to review personnel file.
28A.400.303 Record checks for employees.
28A.400.305 Record check information—Access—Rules.
28A.400.306 Fingerprints accepted by the state patrol—Fingerprints forwarded to the federal bureau of investigation—Conditions.
28A.400.310 Law against discrimination applicable to districts’ employment practices.
28A.400.315 Employment contracts.
28A.400.317 Physical abuse or sexual misconduct by school employees—
Duty to report—Training.
28A.400.320 Crimes against children—Mandatory termination of classified employees—Appeal—Recovery of salary or compensation by district.
28A.400.322 Crimes against children—Crimes specified.
28A.400.330 Crimes against children—Contractor employees—Termination of contract.
28A.400.332 Use of persons, money, or property for private gain.
28A.400.340 Notice of discharge to contain notice of right to appeal if
available.
INSURANCE
28A.400.350 Liability, life, health, health care, accident, disability, and
salary insurance authorized—When required—Premiums.
28A.400.360 Liability insurance for officials and employees authorized.
28A.400.370 Mandatory insurance protection for employees.
28A.400.380 Leave sharing program.
28A.400.391 Insurance for retired and disabled employees—Application—Rules.
28A.400.395 Insurance for retired employees and their dependents—
Method of payment of premium.
28A.400.410 Payment to the public employees’ and retirees’ insurance
account.
Educational employment relations act: Chapter 41.59 RCW.
Reporting of harassment, intimidation, or bullying: RCW 28A.600.480.
SUPERINTENDENTS
28A.400.010 Employment of superintendent—
Superintendent’s qualifications, general powers, term,
28A.400.010
(2010 Ed.)
28A.400.030
contract renewal. In all districts the board of directors shall
elect a superintendent who shall have such qualification as
the local school board alone shall determine. The superintendent shall have supervision over the several departments of
the schools thereof and carry out such other powers and
duties as prescribed by law. Notwithstanding the provisions
of RCW 28A.400.300(1), the board may contract with such
superintendent for a term not to exceed three years when
deemed in the best interest of the district. The right to renew
a contract of employment with any school superintendent
shall rest solely with the discretion of the school board
employing such school superintendent. Regarding such
renewal of contracts of school superintendents the provisions
of RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall
be inapplicable. [1990 c 33 § 376; 1985 c 7 § 94; 1975-’76
2nd ex.s. c 114 § 10; 1975-’76 2nd ex.s. c 15 § 10. Prior:
1975 1st ex.s. c 254 § 2; 1975-’76 1st ex.s. c 137 § 1; 1969
ex.s. c 223 § 28A.58.137; prior: (i) 1909 c 97 p 300 § 11;
RRS § 4821. Formerly RCW 28.63.060. (ii) 1909 c 97 p 302
§ 8; RRS § 4830. Formerly RCW 28.63.062. (iii) 1909 c 97 p
302 § 9; RRS § 4831. Formerly RCW 28.63.064. (iv) 1909 c
97 p 290 § 4, part; RRS § 4793, part. Formerly RCW
28A.58.137, 28.62.040, part.]
Reimbursement of expenses of directors, other school representatives, and
superintendent candidates—Advancing anticipated expenses: RCW
28A.320.050.
Additional notes found at www.leg.wa.gov
28A.400.020 Directors’ and superintendents’ signatures filed with auditor. Every school district director and
school district superintendent, on assuming the duties of his
or her office, shall place his or her signature, certified to by
some school district official, on file in the office of the county
auditor. [1990 c 33 § 377; 1969 ex.s. c 223 § 28A.58.140.
Prior: 1909 c 97 p 289 § 12; RRS § 4787; prior: 1897 c 118
§ 61; 1890 p 380 § 70. Formerly RCW 28A.58.140,
28.58.140.]
28A.400.020
28A.400.030 Superintendent’s duties. In addition to
such other duties as a district school board shall prescribe the
school district superintendent shall:
(1) Attend all meetings of the board of directors and
cause to have made a record as to the proceedings thereof.
(2) Keep such records and reports and in such form as the
district board of directors require or as otherwise required by
law or rule or regulation of higher administrative agencies
and turn the same over to his or her successor.
(3) Keep accurate and detailed accounts of all receipts
and expenditures of school money. At each annual school
meeting the superintendent must present his or her record
book of board proceedings for public inspection, and shall
make a statement of the financial condition of the district and
such record book must always be open for public inspection.
(4) Give such notice of all annual or special elections as
otherwise required by law; also give notice of the regular and
special meetings of the board of directors.
(5) Sign all orders for warrants ordered to be issued by
the board of directors.
(6) Carry out all orders of the board of directors made at
any regular or special meeting. [1991 c 116 § 14; 1990 c 33
§ 378; 1983 c 56 § 8; 1977 ex.s. c 80 § 30; 1975-’76 2nd ex.s.
28A.400.030
[Title 28A RCW—page 187]
28A.400.100
Title 28A RCW: Common School Provisions
certificated employees must complete classes to improve
classroom management skills. [1997 c 266 § 12; 1990 c 33 §
379; 1980 c 171 § 2; 1975-’76 2nd ex.s. c 97 § 3. Formerly
RCW 28A.58.201.]
c 118 § 30; 1975 1st ex.s. c 275 § 110; 1971 c 48 § 30; 1969
ex.s. c 223 § 28A.58.150. Prior: 1909 c 97 p 304 § 2; RRS §
4842; prior: 1907 c 163 § 3; 1899 c 142 § 10; 1897 c 118 §
49; 1893 c 107 § 5; 1891 c 127 § 12; 1890 p 367 § 34; Code
1881 §§ 3194, 3195, 3196, 3197; 1873 p 428 §§ 10, 11, 12,
13. Formerly RCW 28A.58.150, 28.58.150.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
SALARY AND COMPENSATION
Additional notes found at www.leg.wa.gov
28A.400.200 Salaries and compensation for employees—Minimum amounts—Limitations—Supplemental
contracts. (1) Every school district board of directors shall
fix, alter, allow, and order paid salaries and compensation for
all district employees in conformance with this section.
(2)(a) Salaries for certificated instructional staff shall not
be less than the salary provided in the appropriations act in
the statewide salary allocation schedule for an employee with
a baccalaureate degree and zero years of service; and
(b) Salaries for certificated instructional staff with a master’s degree shall not be less than the salary provided in the
appropriations act in the statewide salary allocation schedule
for an employee with a master’s degree and zero years of service.
(3)(a) The actual average salary paid to certificated
instructional staff shall not exceed the district’s average certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant
to RCW 28A.150.410.
(b) Fringe benefit contributions for certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district’s actual average
benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff
unit in the state operating appropriations act in effect at the
time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused
leave for illness or injury under RCW 28A.400.210;
employer contributions for old age survivors insurance,
workers’ compensation, unemployment compensation, and
retirement benefits under the Washington state retirement
system; or employer contributions for health benefits in
excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable.
A school district may not use state funds to provide employer
contributions for such excess health benefits.
(c) Salary and benefits for certificated instructional staff
in programs other than basic education shall be consistent
with the salary and benefits paid to certificated instructional
staff in the basic education program.
(4) Salaries and benefits for certificated instructional
staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, for additional responsibilities, for incentives, or for implementing
specific measurable innovative activities, including professional development, specified by the school district to: (a)
Close one or more achievement gaps, (b) focus on development of science, technology, engineering, and mathematics
(STEM) learning opportunities, or (c) provide arts education.
Beginning September 1, 2011, school districts shall annually
provide a brief description of the innovative activities
28A.400.200
PRINCIPALS
28A.400.100 Principals and vice principals—
Employment of—Qualifications—Duties. School districts
may employ public school principals and/or vice principals to
supervise the operation and management of the school to
which they are assigned. Such persons shall hold valid
administrative certificates and shall hold or have held either
valid teacher certificates or valid educational staff associate
certificates. Persons who hold or have held valid educational
staff associate certificates must also have demonstrated successful school-based experience in an instructional role with
students. Persons whose certificates were revoked, suspended, or surrendered may not be employed as public school
principals or vice principals. In addition to such other duties
as shall be prescribed by law and by the job description
adopted by the board of directors, each principal shall:
(1) Assume administrative authority, responsibility and
instructional leadership, under the supervision of the school
district superintendent, and in accordance with the policies of
the school district board of directors, for the planning, management, supervision and evaluation of the educational program of the attendance area for which he or she is responsible.
(2) Submit recommendations to the school district superintendent regarding appointment, assignment, promotion,
transfer and dismissal of all personnel assigned to the attendance area for which he or she is responsible.
(3) Submit recommendations to the school district superintendent regarding the fiscal needs to maintain and improve
the instructional program of the attendance area for which he
or she is responsible.
(4) Assume administrative authority and responsibility
for the supervision, counseling and discipline of pupils in the
attendance area for which he or she is responsible. [2002 c 78
§ 1; 1977 ex.s. c 272 § 1. Formerly RCW 28A.58.160.]
28A.400.100
Additional notes found at www.leg.wa.gov
28A.400.110 Principal to assure appropriate student
discipline—Building discipline standards—Classes to
improve classroom management skills. Within each
school the school principal shall determine that appropriate
student discipline is established and enforced. In order to
assist the principal in carrying out the intent of this section,
the principal and the certificated employees in a school building shall confer at least annually in order to develop and/or
review building disciplinary standards and uniform enforcement of those standards. Such building standards shall be
consistent with the provisions of RCW 28A.600.020(3).
School principals and certificated employees shall also
confer annually, to establish criteria for determining when
28A.400.110
[Title 28A RCW—page 188]
(2010 Ed.)
Employees
included in any supplemental contract to the office of the
superintendent of public instruction. The office of the superintendent of public instruction shall summarize the district
information and submit an annual report to the education
committees of the house of representatives and the senate.
Supplemental contracts shall not cause the state to incur any
present or future funding obligation. Supplemental contracts
shall be subject to the collective bargaining provisions of
chapter 41.59 RCW and the provisions of RCW
28A.405.240, shall not exceed one year, and if not renewed
shall not constitute adverse change in accordance with RCW
28A.405.300 through 28A.405.380. No district may enter
into a supplemental contract under this subsection for the
provision of services which are a part of the basic education
program required by Article IX, section 3 of the state Constitution.
(5) Employee benefit plans offered by any district shall
comply with RCW 28A.400.350 and 28A.400.275 and
28A.400.280. [2010 c 235 § 401; 2002 c 353 § 2; 1997 c 141
§ 2; 1993 c 492 § 225. Prior: 1990 1st ex.s. c 11 § 2; 1990 c
33 § 381; 1987 1st ex.s. c 2 § 205. Formerly RCW
28A.58.0951.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Effective date—2002 c 353: See note following RCW 28A.150.410.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Intent—1990 1st ex.s. c 11: "The legislature recognizes the rising costs
of health insurance premiums for school employees, and the increasing need
to ensure effective use of state benefit dollars to obtain basic coverage for
employees and their dependents. In school districts that do not pool benefit
allocations among employees, increases in premium rates create particular
hardships for employees with families. For many of these employees, the
increases translate directly into larger payroll deductions simply to maintain
basic benefits.
The goal of this act is to provide access for school employees to basic
coverage, including coverage for dependents, while minimizing employees’
out-of-pocket premium costs. Unnecessary utilization of medical services
can contribute to rising health insurance costs. Therefore, the legislature
intends to encourage plans that promote appropriate utilization without creating major barriers to access to care. The legislature also intends that school
districts pool state benefit allocations so as to eliminate major differences in
out-of-pocket premium expenses for employees who do and do not need coverage for dependents." [1990 1st ex.s. c 11 § 1.]
Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes
following RCW 84.52.0531.
Additional notes found at www.leg.wa.gov
28A.400.201 Enhanced salary allocation model for
educator development and certification—Technical
working group—Report and recommendation. (1) The
legislature recognizes that providing students with the opportunity to access a world-class educational system depends on
our continuing ability to provide students with access to
world-class educators. The legislature also understands that
continuing to attract and retain the highest quality educators
will require increased investments. The legislature intends to
enhance the current salary allocation model and recognizes
that changes to the current model cannot be imposed without
great deliberation and input from teachers, administrators,
and classified employees. Therefore, it is the intent of the
legislature to begin the process of developing an enhanced
salary allocation model that is collaboratively designed to
ensure the rationality of any conclusions regarding what constitutes adequate compensation.
28A.400.201
(2010 Ed.)
28A.400.201
(2) Beginning July 1, 2011, the office of the superintendent of public instruction, in collaboration with the office of
financial management, shall convene a technical working
group to recommend the details of an enhanced salary allocation model that aligns state expectations for educator development and certification with the compensation system and
establishes recommendations for a concurrent implementation schedule. In addition to any other details the technical
working group deems necessary, the technical working group
shall make recommendations on the following:
(a) How to reduce the number of tiers within the existing
salary allocation model;
(b) How to account for labor market adjustments;
(c) How to account for different geographic regions of
the state where districts may encounter difficulty recruiting
and retaining teachers;
(d) The role of and types of bonuses available;
(e) Ways to accomplish salary equalization over a set
number of years; and
(f) Initial fiscal estimates for implementing the recommendations including a recognition that staff on the existing
salary allocation model would have the option to grandfather
in permanently to the existing schedule.
(3) As part of its work, the technical working group shall
conduct or contract for a preliminary comparative labor market analysis of salaries and other compensation for school
district employees to be conducted and shall include the
results in any reports to the legislature. For the purposes of
this subsection, "salaries and other compensation" includes
average base salaries, average total salaries, average
employee basic benefits, and retirement benefits.
(4) The analysis required under subsection (1) of this
section must:
(a) Examine salaries and other compensation for teachers, other certificated instructional staff, principals, and other
building-level certificated administrators, and the types of
classified employees for whom salaries are allocated;
(b) Be calculated at a statewide level that identifies labor
markets in Washington through the use of data from the
United States bureau of the census and the bureau of labor
statistics; and
(c) Include a comparison of salaries and other compensation to the appropriate labor market for at least the following
subgroups of educators: Beginning teachers and types of
educational staff associates.
(5) The working group shall include representatives of
the department of personnel, the professional educator standards board, the office of the superintendent of public
instruction, the Washington education association, the Washington association of school administrators, the association of
Washington school principals, the Washington state school
directors’ association, the public school employees of Washington, and other interested stakeholders with appropriate
expertise in compensation related matters. The working
group may convene advisory subgroups on specific topics as
necessary to assure participation and input from a broad array
of diverse stakeholders.
(6) The working group shall be monitored and overseen
by the legislature and the quality education council created in
RCW 28A.290.010. The working group shall make an initial
report to the legislature by June 30, 2012, and shall include in
[Title 28A RCW—page 189]
28A.400.205
Title 28A RCW: Common School Provisions
its report recommendations for whether additional further
work of the group is necessary. [2010 c 236 § 7; 2009 c 548
§ 601. Formerly RCW 43.41.398.]
Intent—2010 c 236: See note following RCW 28A.150.260.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Effective date—2009 c 573: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009."
[2009 c 573 § 4.]
Severability—2001 c 4 (Initiative Measure No. 732): "If any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2001 c 4 § 5 (Initiative Measure
No. 732, approved November 7, 2000).]
28A.400.206 Cost-of-living increases—Duty of state.
The Washington Constitution establishes "the paramount
duty of the state to make ample provision for the education of
all children." Providing quality education for all children in
Washington requires well-qualified and experienced teachers
and other school employees. However, salaries for educators
have not kept up with the increased cost-of-living in the state.
The failure to keep up with inflation threatens Washington’s
ability to compete with other states to attract first-rate teachers to Washington classrooms and to keep well-qualified educators from leaving for other professions. The state must provide a fair and reasonable cost-of-living increase, as provided
in chapter 20, Laws of 2003 1st sp. sess., to help ensure that
the state attracts and keeps the best teachers and school
employees for the children of Washington. [2003 1st sp.s. c
20 § 2; 2001 c 4 § 1 (Initiative Measure No. 732, approved
November 7, 2000).]
28A.400.206
28A.400.205 Cost-of-living increases for employees.
(1) School district employees shall be provided an annual salary cost-of-living increase in accordance with this section.
(a) The cost-of-living increase shall be calculated by
applying the rate of the yearly increase in the cost-of-living
index to any state-funded salary base used in state funding
formulas for teachers and other school district employees.
Beginning with the 2001-02 school year, and for each subsequent school year, except for the 2009-10 and 2010-11 school
years, each school district shall be provided a cost-of-living
allocation sufficient to grant this cost-of-living increase.
(b) A school district shall distribute its cost-of-living
allocation for salaries and salary-related benefits in accordance with the district’s salary schedules, collective bargaining agreements, and compensation policies. No later than the
end of the school year, each school district shall certify to the
superintendent of public instruction that it has spent funds
provided for cost-of-living increases on salaries and salaryrelated benefits.
(c) Any funded cost-of-living increase shall be included
in the salary base used to determine cost-of-living increases
for school employees in subsequent years. For teachers and
other certificated instructional staff, the rate of the annual
cost-of-living increase funded for certificated instructional
staff shall be applied to the base salary used with the statewide salary allocation schedule established under RCW
28A.150.410 and to any other salary models used to recognize school district personnel costs.
(d) During the 2011-2013 and 2013-2015 fiscal biennia,
in addition to cost-of-living allocations required by (a) of this
subsection, school districts shall receive additional cost-ofliving allocations in equal increments such that by the end of
the 2014-15 school year school district employee base salaries used with the statewide salary allocation schedule established under RCW 28A.150.410 and any other state salary
models used to recognize school district personnel costs are,
at a minimum, equal to what they would have been if cost-ofliving allocations had not been suspended during the 2009-10
or 2010-11 school years.
(2) For the purposes of this section, "cost-of-living
index" means, for any school year, the previous calendar
year’s annual average consumer price index, using the official current base, compiled by the bureau of labor statistics,
United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one
consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
items shall be used for the cost-of-living index in this section.
[2009 c 573 § 1; 2003 1st sp.s. c 20 § 1; 2001 c 4 § 2 (Initiative Measure No. 732, approved November 7, 2000).]
28A.400.205
[Title 28A RCW—page 190]
Severability—2001 c 4 (Initiative Measure No. 732): See note following RCW 28A.400.205.
28A.400.210 Employee attendance incentive program—Remuneration or benefit plan for unused sick
leave. Every school district board of directors may, in accordance with chapters 41.56 and 41.59 RCW, establish an
attendance incentive program for all certificated and classified employees in the following manner, including covering
persons who were employed during the 1982-’83 school
year:
(1) In January of the year following any year in which a
minimum of sixty days of leave for illness or injury is
accrued, and each January thereafter, any eligible employee
may exercise an option to receive remuneration for unused
leave for illness or injury accumulated in the previous year at
a rate equal to one day’s monetary compensation of the
employee for each four full days of accrued leave for illness
or injury in excess of sixty days. Leave for illness or injury
for which compensation has been received shall be deducted
from accrued leave for illness or injury at the rate of four days
for every one day’s monetary compensation. No employee
may receive compensation under this section for any portion
of leave for illness or injury accumulated at a rate in excess of
one day per month.
(2) Except as provided in RCW 28A.400.212, at the time
of separation from school district employment an eligible
employee or the employee’s estate shall receive remuneration
at a rate equal to one day’s current monetary compensation of
the employee for each four full days accrued leave for illness
or injury. For purposes of this subsection, "eligible
employee" means (a) employees who separate from employment due to retirement or death; (b) employees who separate
from employment and who are at least age fifty-five and have
at least ten years of service under the teachers’ retirement
28A.400.210
(2010 Ed.)
Employees
system plan 3 as defined in *RCW 41.32.010(40), or under
the Washington school employees’ retirement system plan 3
as defined in **RCW 41.35.010(31); or (c) employees who
separate from employment and who are at least age fifty-five
and have at least fifteen years of service under the teachers’
retirement system plan 2 as defined in *RCW 41.32.010(39),
under the Washington school employees’ retirement system
plan 2 as defined in **RCW 41.35.010(30), or under the public employees’ retirement system plan 2 as defined in
***RCW 41.40.010(34).
(3) In lieu of remuneration for unused leave for illness or
injury as provided in subsections (1) and (2) of this section, a
school district board of directors may, with equivalent funds,
provide eligible employees a benefit plan that provides reimbursement for medical expenses. Any benefit plan adopted
after July 28, 1991, shall require, as a condition of participation under the plan, that the employee sign an agreement with
the district to hold the district harmless should the United
States government find that the district or the employee is in
debt to the United States as a result of the employee not paying income taxes due on the equivalent funds placed into the
plan, or as a result of the district not withholding or deducting
any tax, assessment, or other payment on such funds as
required under federal law.
Moneys or benefits received under this section shall not
be included for the purposes of computing a retirement
allowance under any public retirement system in this state.
The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations
to carry out the purposes of this section.
Should the legislature revoke any benefits granted under
this section, no affected employee shall be entitled thereafter
to receive such benefits as a matter of contractual right.
[2000 c 231 § 1; 1997 c 13 § 9; 1992 c 234 § 12; 1991 c 92 §
2; 198 9 c 69 § 2; 1983 c 275 § 2. Fo rmerly RCW
28A.58.096.]
Reviser’s note: *(1) RCW 41.32.010 was alphabetized pursuant to
RCW 1.08.015(2)(k), changing subsections (40) and (39) to subsections (33)
and (32), respectively.
**(2) RCW 41.35.010 was amended by 2001 c 180 § 3, changing subsections (30) and (31) to subsections (29) and (30), respectively.
***(3) RCW 41.40.010 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (34) to subsection (28).
Intent—Construction—1983 c 275: "This act is intended to effectuate
the legislature’s intent in the original enactment of chapter 182, Laws of
1980 and constitutes a readoption of the relevant portions of that law. This
act shall be construed as being in effect since June 12, 1980." [1983 c 275 §
5.]
28A.400.212 Employee attendance incentive program—Effect of early retirement. An employee of a
school district that has established an attendance incentive
program under RCW 28A.400.210 who retires under section
1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86,
Laws of 1993, or section 4 or 6, chapter 519, Laws of 1993,
shall receive, at the time of his or her separation from school
district employment, not less than one-half of the remuneration for accrued leave for illness or injury payable to him or
her under the district’s incentive program. The school district
board of directors may, at its discretion, pay the remainder of
such an employee’s remuneration for accrued leave for illness or injury after the time of the employee’s separation
28A.400.212
(2010 Ed.)
28A.400.230
from school district employment, but the employee or the
employee’s estate is entitled to receive the remainder of the
remuneration no later than the date the employee would have
been eligible to retire under the provisions of RCW
41.40.180 or 41.32.480 had the employee continued to work
for the district until eligible to retire, or three years following
the date of the employee’s separation from school district
employment, whichever occurs first. A district exercising its
discretion under this section to pay the remainder of the
remuneration after the time of the employee’s separation
from school district employment shall establish a policy and
procedure for paying the remaining remuneration that applies
to all affected employees equally and without discrimination.
Any remuneration paid shall be based on the number of days
of leave the employee had accrued and the compensation the
employee received at the time he or she retired under section
1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86,
Laws of 1993, or section 4 or 6, chapter 519, Laws of 1993.
[1993 c 519 § 14; 1993 c 86 § 8; 1992 c 234 § 13.]
Reviser’s note: This section was amended by 1993 c 86 § 8 and by
1993 c 519 § 14, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
28A.400.220 Employee salary or compensation—
Limitations respecting. (1) No school district board of
directors or administrators may:
(a) Increase an employee’s salary or compensation to
include a payment in lieu of providing a fringe benefit; or
(b) Allow any payment to an employee which is partially
or fully conditioned on the termination or retirement of the
employee, except as provided in subsection (2) of this section.
(2) A school district board of directors may compensate
an employee for termination of the employee’s contract in
accordance with the termination provisions of the contract. If
no such provisions exist the compensation must be reasonable based on the proportion of the uncompleted contract.
Compensation received under this subsection shall not be
included for the purposes of computing a retirement allowance under any public retirement system in this state.
(3) Provisions of any contract in force on March 27,
1982, which conflict with the requirements of this section
shall continue in effect until contract expiration. After expiration, any new contract including any renewal, extension,
amendment or modification of an existing contract executed
between the parties shall be consistent with this section.
[1989 c 11 § 5; 1982 1st ex.s. c 10 § 1. Formerly RCW
28A.58.098.]
28A.400.220
Additional notes found at www.leg.wa.gov
28A.400.230 Deposit of cumulative total of earnings
of group of employees—Authorized—Conditions. Any
school district authorized to draw and issue their own warrants may deposit the cumulative total of the net earnings of
any group of employees in one or more banks within the state
such group or groups may designate, to be credited to the
individuals composing such groups, by a single warrant to
each bank so designated or by other commercially acceptable
methods: PROVIDED, That any such collective authoriza28A.400.230
[Title 28A RCW—page 191]
28A.400.240
Title 28A RCW: Common School Provisions
tion shall be made in writing by a minimum of twenty-five
employees or ten percent of the employees, whichever is less.
[1973 c 111 § 5. Formerly RCW 28A.58.730.]
Additional notes found at www.leg.wa.gov
28A.400.240 Deferred compensation plan for school
district or educational service district employees—Limitations. In addition to any other powers and duties, any
school district or educational service district may contract
with any classified or certificated employee to defer a portion
of that employee’s income, which deferred portion shall in no
event exceed the appropriate internal revenue service exclusion allowance for such plans, and shall subsequently with
the consent of the employee, deposit or invest in a credit
union, savings and loan association, bank, mutual savings
bank, or purchase life insurance, shares of an investment
company, or a fixed and/or variable annuity contract, for the
purpose of funding a deferred compensation program for the
employee, from any life underwriter or registered representative duly licensed by this state who represents an insurance
company or an investment company licensed to contract
business in this state. In no event shall the total investments
or payments, and the employee’s nondeferred income for any
year exceed the total annual salary, or compensation under
the existing salary schedule or classification plan applicable
to such employee in such year. Any income deferred under
such a plan shall continue to be included as regular compensation, for the purpose of computing the retirement and pension benefits earned by any employee, but any sum so
deducted shall not be included in the computation of any
taxes withheld on behalf of any such employee. [2001 c 266
§ 1; 1975 1st ex.s. c 205 § 1; 1974 ex.s. c 11 § 1. Formerly
RCW 28A.58.740.]
28A.400.240
mium due and to become due under the contracts. Employees’ rights under the annuity contract are nonforfeitable
except for the failure to pay premiums.
(4) The board of directors of any school district, the
Washington state teachers’ retirement system, the superintendent of public instruction, and educational service district
superintendents shall not restrict, except as provided in this
section, employees’ right to select the tax deferred annuity of
their choice, the regulated company stock held in a custodial
account, or the agent, broker, or company licensed by the
state of Washington through which the tax deferred annuity
or regulated company stock is placed or purchased, and shall
not place limitations on the time or place that the employees
make the selection.
(5) The board of directors of any school district, the
Washington state teachers’ retirement system, the superintendent of public instruction, and educational service district
superintendents may each adopt rules regulating the sale of
tax deferred annuities or regulated company stock held in a
custodial account which: (a) Prohibit solicitation of employees for the purposes of selling tax deferred annuities or regulated company stock held in a custodial account on school
premises during normal school hours; (b) only permit the
solicitation of tax deferred annuities or regulated company
stock held in a custodial account by agents, brokers, and companies licensed by the state of Washington; and (c) require
participating companies to execute reasonable agreements
protecting the respective employers from any liability attendant to procuring tax deferred annuities or regulated company stock held in a custodial account. [2010 c 41 § 1; 1984
c 228 § 1; 1975 1st ex.s. c 275 § 113; 1971 c 48 § 31; 1969 c
97 § 2; 1969 ex.s. c 223 § 28A.58.560. Prior: 1965 c 54 § 1,
part. Formerly RCW 28A.58.560, 28.02.120, part.]
Additional notes found at www.leg.wa.gov
28A.400.250 Tax deferred annuities—Regulated
company stock. (1) The board of directors of any school district, the Washington state teachers’ retirement system, the
superintendent of public instruction, and educational service
district superintendents are authorized to provide and pay for
tax deferred annuities or regulated company stock held in a
custodial account for their respective employees in lieu of a
portion of salary or wages as authorized under the provisions
of 26 U.S.C. section 403(b), as amended by Public Law 87370, 75 Stat. 796, as now or hereafter amended. The superintendent of public instruction and educational service district
superintendents, if eligible, may also be provided with such
options.
(2) At the request of at least five employees, the employees’ employer shall arrange for the:
(a) Purchase of tax deferred annuity contracts which
meet the requirements of 26 U.S.C. section 403(b), as now or
hereafter amended, for the employees from any company the
employees may choose that is authorized to do business in
this state through a Washington-licensed insurance agent that
the employees may select; or
(b) Payment to a custodial account for investment in the
stock of a regulated investment company as defined in 26
U.S.C. section 403(b)(7)(c).
(3) Payroll deductions shall be made in accordance with
the arrangements for the purpose of paying the entire pre28A.400.250
[Title 28A RCW—page 192]
28A.400.260 Pension benefits or annuity benefits for
certain classifications of employees—Procedure. Notwithstanding any other provision of law, any school district
shall have the authority to provide for all employees within
an employment classification pension benefits or annuity
benefits as may already be established and in effect by other
employers of a similar classification of employees, and payment therefor may be made by making contributions to such
pension plans or funds already established and in effect by
the other employers and in which the school district is permitted to participate for such particular classifications of its
employees by the trustees or other persons responsible for the
administration of such established plans or funds.
Notwithstanding provisions of RCW 41.40.023(4), the
coverage under such private plan shall not exclude such
employees from simultaneous coverage under the Washington public employees’ retirement system. [1972 ex.s. c 27 §
1. Formerly RCW 28A.58.565.]
28A.400.260
28A.400.270 Employee benefit—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout RCW 28A.400.275 and
28A.400.280.
(1) "School district employee benefit plan" means the
overall plan used by the district for distributing fringe benefit
28A.400.270
(2010 Ed.)
Employees
subsidies to employees, including the method of determining
employee coverage and the amount of employer contributions, as well as the characteristics of benefit providers and
the specific benefits or coverage offered. It shall not include
coverage offered to district employees for which there is no
contribution from public funds.
(2) "Fringe benefit" does not include liability coverage,
old-age survivors’ insurance, workers’ compensation, unemployment compensation, retirement benefits under the Washington state retirement system, or payment for unused leave
for illness or injury under RCW 28A.400.210.
(3) "Basic benefits" are determined through local bargaining and are limited to medical, dental, vision, group term
life, and group long-term disability insurance coverage.
(4) "Benefit providers" include insurers, third party
claims administrators, direct providers of employee fringe
benefits, health maintenance organizations, health care service contractors, and the Washington state health care authority or any plan offered by the authority.
(5) "Group term life insurance coverage" means term life
insurance coverage provided for, at a minimum, all full-time
employees in a bargaining unit or all full-time nonbargaining
group employees.
(6) "Group long-term disability insurance coverage"
means long-term disability insurance coverage provided for,
at a minimum, all full-time employees in a bargaining unit or
all full-time nonbargaining group employees. [1990 1st ex.s.
c 11 § 4.]
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
28A.400.275 Employee benefits—Contracts. (1) Any
contract for employee benefits executed after April 13, 1990,
between a school district and a benefit provider or employee
bargaining unit is null and void unless it contains an agreement to abide by state laws relating to school district
employee benefits. The term of the contract may not exceed
one year.
(2) School districts shall annually submit to the Washington state health care authority summary descriptions of all
benefits offered under the district’s employee benefit plan.
The districts shall also submit data to the health care authority
specifying the total number of employees and, for each
employee, types of coverage or benefits received including
numbers of covered dependents, the number of eligible
dependents, the amount of the district’s contribution, additional premium costs paid by the employee through payroll
deductions, and the age and sex of the employee and each
dependent. The plan descriptions and the data shall be submitted in a format and according to a schedule established by
the health care authority.
(3) Any benefit provider offering a benefit plan by contract with a school district under subsection (1) of this section
shall agree to make available to the school district the benefit
plan descriptions and, where available, the demographic
information on plan subscribers that the district is required to
report to the Washington state health care authority under this
section.
(4) This section shall not apply to benefit plans offered in
the 1989-90 school year. [1990 1st ex.s. c 11 § 5.]
28A.400.275
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
(2010 Ed.)
28A.400.285
28A.400.280 Employee benefits—Employer contributions. (1) Except as provided in subsection (2) of this section, school districts may provide employer fringe benefit
contributions after October 1, 1990, only for basic benefits.
However, school districts may continue payments under contracts with employees or benefit providers in effect on April
13, 1990, until the contract expires.
(2) School districts may provide employer contributions
after October 1, 1990, for optional benefit plans, in addition
to basic benefits, only for employees included in pooling
arrangements under this subsection. Optional benefit plans
may not include employee beneficiary accounts that can be
liquidated by the employee on termination of employment.
Optional benefit plans may be offered only if:
(a) The school district pools benefit allocations among
employees using a pooling arrangement that includes at least
one employee bargaining unit and/or all nonbargaining group
employees;
(b) Each full-time employee included in the pooling
arrangement is offered basic benefits, including coverage for
dependents, without a payroll deduction for premium
charges;
(c) Each full-time employee included in the pooling
arrangement, regardless of the number of dependents receiving basic coverage, receives the same additional employer
contribution for other coverage or optional benefits; and
(d) For part-time employees included in the pooling
arrangement, participation in optional benefit plans shall be
governed by the same eligibility criteria and/or proration of
employer contributions used for allocations for basic benefits.
(3) Savings accruing to school districts due to limitations
on benefit options under this section shall be pooled and
made available by the districts to reduce out-of-pocket premium expenses for employees needing basic coverage for
dependents. School districts are not intended to divert state
benefit allocations for other purposes. [1990 1st ex.s. c 11 §
6.]
28A.400.280
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
28A.400.285 Contracts for services performed by
classified employees. (1) When a school district or educational service district enters into a contract for services that
had been previously performed by classified school employees, the contract shall contain a specific clause requiring the
contractor to provide for persons performing such services
under the contract, health benefits that are similar to those
provided for school employees who would otherwise perform
the work, but in no case are such health benefits required to
be greater than the benefits provided for basic health care services under chapter 70.47 RCW.
(2) Decisions to enter into contracts for services by a
school district or educational service district may only be
made: (a) After the affected district has conducted a feasibility study determining the potential costs and benefits, including the impact on district employees who would otherwise
perform the work, that would result from contracting for the
services; (b) after the decision to contract for the services has
been reviewed and approved by the superintendent of public
instruction; and (c) subject to any applicable requirements for
collective bargaining. The factors to be considered in the fea28A.400.285
[Title 28A RCW—page 193]
28A.400.300
Title 28A RCW: Common School Provisions
sibility study shall be developed in consultation with representatives of the affected employees and may include both
long-term and short-term effects of the proposal to contract
for services.
(3) This section applies only if a contract is for services
performed by classified school employees on or after July 25,
1993.
(4) This section does not apply to:
(a) Temporary, nonongoing, or nonrecurring service
contracts; or
(b) Contracts for services previously performed by
employees in director/supervisor, professional, and technical
positions.
(5) For the purposes of subsection (4) of this section:
(a) "Director/supervisor position" means a position in
which an employee directs staff members and manages a
function, a program, or a support service.
(b) "Professional position" means a position for which an
employee is required to have a high degree of knowledge and
skills acquired through a baccalaureate degree or its equivalent.
(c) "Technical position" means a position for which an
employee is required to have a combination of knowledge
and skills that can be obtained through approximately two
years of posthigh school education, such as from a community or technical college, or by on-the-job training. [1997 c
267 § 2; 1993 c 349 § 1.]
HIRING AND DISCHARGE
28A.400.300 Hiring and discharging of employees—
Written leave policies—Seniority and leave benefits of
employees transferring between school districts and other
educational employers. Every board of directors, unless
otherwise specially provided by law, shall:
(1) Employ for not more than one year, and for sufficient
cause discharge all certificated and classified employees;
(2) Adopt written policies granting leaves to persons
under contracts of employment with the school district(s) in
positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at
official or private institutes and conferences and sabbatical
leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and,
emergencies for both certificated and classified employees,
and with such compensation as the board of directors prescribe: PROVIDED, That the board of directors shall adopt
written policies granting to such persons annual leave with
compensation for illness, injury and emergencies as follows:
(a) For such persons under contract with the school district for a full year, at least ten days;
(b) For such persons under contract with the school district as part time employees, at least that portion of ten days
as the total number of days contracted for bears to one hundred eighty days;
(c) For certificated and classified employees, annual
leave with compensation for illness, injury, and emergencies
shall be granted and accrue at a rate not to exceed twelve days
per year; provisions of any contract in force on June 12, 1980,
which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any
28A.400.300
[Title 28A RCW—page 194]
new contract executed between the parties shall be consistent
with this subsection;
(d) Compensation for leave for illness or injury actually
taken shall be the same as the compensation such person
would have received had such person not taken the leave provided in this proviso;
(e) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one hundred
eighty days for the purposes of RCW 28A.400.210 and
28A.400.220, and for leave purposes up to a maximum of the
number of contract days agreed to in a given contract, but not
greater than one year. Such accumulated time may be taken
at any time during the school year or up to twelve days per
year may be used for the purpose of payments for unused sick
leave;
(f) Sick leave heretofore accumulated under section 1,
chapter 195, Laws of 1959 (former RCW 28.58.430) and sick
leave accumulated under administrative practice of school
districts prior to the effective date of section 1, chapter 195,
Laws of 1959 (former RCW 28.58.430) is hereby declared
valid, and shall be added to leave for illness or injury accumulated under this proviso;
(g) Any leave for injury or illness accumulated up to a
maximum of forty-five days shall be creditable as service
rendered for the purpose of determining the time at which an
employee is eligible to retire, if such leave is taken it may not
be compensated under the provisions of RCW 28A.400.210
and 28A.310.490;
(h) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction, offices of educational service
district superintendents and boards, the state school for the
blind, the *school for the deaf, institutions of higher education, and community and technical colleges, to and from such
districts, schools, offices, institutions of higher education,
and community and technical colleges;
(i) Leave accumulated by a person in a district prior to
leaving said district may, under rules of the board, be granted
to such person when the person returns to the employment of
the district.
When any certificated or classified employee leaves one
school district within the state and commences employment
with another school district within the state, the employee
shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position:
PROVIDED, That classified employees who transfer
between districts after July 28, 1985, shall not retain any
seniority rights other than longevity when leaving one school
district and beginning employment with another. If the
school district to which the person transfers has a different
system for computing seniority, leave benefits, and other
benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of
service. [2009 c 47 § 2; 2008 c 174 § 2; 1997 c 13 § 10; 1990
c 33 § 382. Prior: 1985 c 210 § 1; 1985 c 46 § 1; 1983 c 275
§ 3. Formerly RCW 28A.58.099.]
*Reviser’s note: References to the "state school for the deaf" must be
construed as references to the "Washington state center for childhood deafness and hearing loss," pursuant to 2009 c 381 § 11.
(2010 Ed.)
Employees
Intent—Construction—1983 c 275: See note following RCW
28A.400.210.
28A.400.301 Information on past sexual misconduct—Requirement for applicants—Limitation on contracts and agreements—Employee right to review personnel file. (1) The definitions in this subsection apply
throughout this section unless the context clearly requires
otherwise.
(a) "Applicant" means an applicant for employment in a
certificated or classified position who is currently or was previously employed by a school district.
(b) "Employer" means a school district employer.
(2) Before hiring an applicant, a school district shall
request the applicant to sign a statement:
(a) Authorizing the applicant’s current and past employers, including employers outside of Washington state, to disclose to the hiring school district sexual misconduct, if any,
by the applicant and making available to the hiring school
district copies of all documents in the previous employer’s
personnel, investigative, or other files relating to sexual misconduct by the applicant; and
(b) Releasing the applicant’s current and past employers,
and employees acting on behalf of that employer, from any
liability for providing information described in (a) of this
subsection, as provided in subsection (4) of this section.
(3) Before hiring an applicant, a school district shall
request in writing, electronic or otherwise, the applicant’s
current and past employers, including out-of-state employers,
to provide the information described in subsection (2)(a) of
this section, if any. The request shall include a copy of the
statement signed by the applicant under subsection (2) of this
section.
(4) Not later than twenty business days after receiving a
request under subsection (3) of this section, a school district
shall provide the information requested and make available to
the requesting school district copies of all documents in the
applicant’s personnel record relating to the sexual misconduct. The school district, or an employee acting on behalf of
the school district, who in good faith discloses information
under this section is immune from civil liability for the disclosure.
(5) A hiring district shall request from the office of the
superintendent of public instruction verification of certification status, including information relating to sexual misconduct as established by the provisions of subsection (11) of
this section, if any, for applicants for certificated employment.
(6) A school district shall not hire an applicant who does
not sign the statement described in subsection (2) of this section.
(7) School districts may employ applicants on a conditional basis pending the district’s review of information
obtained under this section. When requests are sent to out-ofstate employers under subsection (3) of this section, an applicant who has signed the statement described in subsection (2)
of this section, shall not be prevented from gaining employment in Washington public schools if the laws or policies of
that other state prevent documents from being made available
to Washington state school districts or if the out-of-state
school district fails or refuses to cooperate with the request.
28A.400.301
(2010 Ed.)
28A.400.301
(8) Information received under this section shall be used
by a school district only for the purpose of evaluating an
applicant’s qualifications for employment in the position for
which he or she has applied. Except as otherwise provided by
law, a board member or employee of a school district shall
not disclose the information to any person, other than the
applicant, who is not directly involved in the process of evaluating the applicant’s qualifications for employment. A person who violates this subsection is guilty of a misdemeanor.
(9) Beginning September 1, 2004, the board or an official of a school district shall not enter into a collective bargaining agreement, individual employment contract, resignation agreement, severance agreement, or any other contract or
agreement that has the effect of suppressing information
about verbal or physical abuse or sexual misconduct by a
present or former employee or of expunging information
about that abuse or sexual misconduct from any documents in
the previous employer’s personnel, investigative, or other
files relating to verbal or physical abuse or sexual misconduct
by the applicant. Any provision of a contract or agreement
that is contrary to this subsection is void and unenforceable,
and may not be withheld from disclosure by the entry of any
administrative or court order. This subsection does not
restrict the expungement from a personnel file of information
about alleged verbal or physical abuse or sexual misconduct
that has not been substantiated.
(10) This section does not prevent a school district from
requesting or requiring an applicant to provide information
other than that described in this section.
(11) By September 1, 2004, the state board of education
has the authority to and shall adopt rules defining "verbal
abuse," "physical abuse," and "sexual misconduct" as used in
this section for application to all classified and certificated
employees. The definitions of verbal and physical abuse and
sexual misconduct adopted by the state board of education
must include the requirement that the school district has
made a determination that there is sufficient information to
conclude that the abuse or misconduct occurred and that the
abuse or misconduct resulted in the employee’s leaving his or
her position at the school district.
(12) Except as limited by chapter 49.12 RCW, at the
conclusion of a school district’s investigation, a school
employee has the right to review his or her entire personnel
file, investigative file, or other file maintained by the school
district relating to sexual misconduct as addressed in this section and to attach rebuttals to any documents as the employee
deems necessary. Rebuttal documents shall be disclosed in
the same manner as the documents to which they are
attached. The provisions of this subsection do not supercede
the protections provided individuals under the state whistleblower laws in chapter 42.41 RCW. [2005 c 266 § 1; 2004 c
29 § 2.]
Findings—2004 c 29: "The legislature recognizes that state law
requires criminal background checks of applicants for school district
employment. However, the legislature finds that, because they generally are
limited to criminal conviction histories, results of background checks are
more complete when supplemented by an applicant’s history of past sexual
misconduct. Therefore, the legislature finds that additional safeguards are
necessary in the hiring of school district employees to ensure the safety of
Washington’s school children. In order to provide the safest educational
environment for children, school districts must provide known information
regarding employees’ sexual misconduct when those employees attempt to
transfer to different school districts." [2004 c 29 § 1.]
[Title 28A RCW—page 195]
28A.400.303
Title 28A RCW: Common School Provisions
28A.400.303 Record checks for employees. (1)
School districts, educational service districts, the Washington
state center for childhood deafness and hearing loss, the state
school for the blind, and their contractors hiring employees
who will have regularly scheduled unsupervised access to
children shall require a record check through the Washington
state patrol criminal identification system under RCW
43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and
through the federal bureau of investigation before hiring an
employee. The record check shall include a fingerprint check
using a complete Washington state criminal identification
fingerprint card. The requesting entity shall provide a copy
of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record
check within the previous two years, the district, the Washington state center for childhood deafness and hearing loss,
the state school for the blind, or contractor may waive the
requirement. Except as provided in subsection (2) of this section, the district, pursuant to chapter 41.59 or 41.56 RCW, the
Washington state center for childhood deafness and hearing
loss, the state school for the blind, or contractor hiring the
employee shall determine who shall pay costs associated with
the record check.
(2) Federal bureau of Indian affairs-funded schools may
use the process in subsection (1) of this section to perform
record checks for their employees and applicants for employment. [2009 c 381 § 29; 2007 c 35 § 1; 2001 c 296 § 3; 1992
c 159 § 2.]
28A.400.303
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
tional service district or districts, and the appropriate federal
bureau of Indian affairs-funded schools. [2010 c 100 § 1;
2009 c 381 § 30; 2007 c 35 § 2; 2001 c 296 § 4; 1996 c 126 §
5.]
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Intent—2001 c 296: See note following RCW 9.96A.060.
Additional notes found at www.leg.wa.gov
28A.400.306 Fingerprints accepted by the state
patrol—Fingerprints forwarded to the federal bureau of
investigation—Conditions. The state patrol shall accept
fingerprints obtained under this chapter only if it can ensure
that the patrol will not retain a record of the fingerprints after
the check is complete. It shall not forward fingerprints
obtained under this chapter to the federal bureau of investigation unless it can ensure that the federal bureau of investigation will not retain a record of the fingerprints after the check
is complete. [1995 c 335 § 504; 1992 c 159 § 9.]
28A.400.306
Findings—1992 c 159: See note following RCW 28A.400.303.
Additional notes found at www.leg.wa.gov
28A.400.310 Law against discrimination applicable
to districts’ employment practices. The provisions of chapter 49.60 RCW as now or hereafter amended shall be applicable to the employment of any certificated or classified
employee by any school district organized in this state. [1997
c 13 § 11; 1969 ex.s. c 223 § 28A.02.050. Prior: (i) 1937 c 52
§ 1; RRS § 4693-1. Formerly RCW 28.02.050. (ii) 1937 c 52
§ 2; RRS § 4693-2. Formerly RCW 28A.02.050, 28.02.051.]
28A.400.310
Intent—2001 c 296: See note following RCW 9.96A.060.
Findings—1992 c 159: "The legislature finds that additional safeguards are necessary to ensure the safety of Washington’s school children.
The legislature further finds that the results from state patrol record checks
are more complete when fingerprints of individuals are provided, and that
information from the federal bureau of investigation also is necessary to
obtain information on out-of-state criminal records. The legislature further
finds that confidentiality safeguards in state law are in place to ensure that
the rights of applicants for certification or jobs and newly hired employees
are protected." [1992 c 159 § 1.]
Criminal history record information—School volunteers: RCW
28A.320.155.
28A.400.305 Record check information—Access—
Rules. The superintendent of public instruction shall adopt
rules as necessary under chapter 34.05 RCW on record check
information. The rules shall include, but not be limited to the
following:
(1) Written procedures providing a school district,
approved private school, Washington state center for childhood deafness and hearing loss, state school for the blind, or
federal bureau of Indian affairs-funded school employee or
applicant for certification or employment access to and
review of information obtained based on the record check
required under RCW 28A.400.303; and
(2) Written procedures limiting access to the superintendent of public instruction record check database to only those
individuals processing record check information at the office
of the superintendent of public instruction, the appropriate
school district or districts, approved private schools, the
Washington state center for childhood deafness and hearing
loss, the state school for the blind, the appropriate educa28A.400.305
[Title 28A RCW—page 196]
28A.400.315 Employment contracts. Employment
contracts entered into between an employer and a superintendent, or administrator as defined in RCW 28A.405.230,
under RCW 28A.400.010, 28A.400.300, or 28A.405.210:
(1) Shall end no later than June 30th of the calendar year
that the contract expires except that, a contract entered into
after June 30th of a given year may expire during that same
calendar year; and
(2) Shall not be revised or entered into retroactively.
[1990 c 8 § 6.]
28A.400.315
Findings—1990 c 8: See note following RCW 41.50.065.
28A.400.317 Physical abuse or sexual misconduct by
school employees—Duty to report—Training. (1) A certificated or classified school employee who has knowledge or
reasonable cause to believe that a student has been a victim of
physical abuse or sexual misconduct by another school
employee, shall report such abuse or misconduct to the
appropriate school administrator. The school administrator
shall cause a report to be made to the proper law enforcement
agency if he or she has reasonable cause to believe that the
misconduct or abuse has occurred as required under RCW
26.44.030. During the process of making a reasonable cause
determination, the school administrator shall contact all parties involved in the complaint.
(2) Certificated and classified school employees shall
receive training regarding their reporting obligations under
state law in their orientation training when hired and then
every three years thereafter. The training required under this
28A.400.317
(2010 Ed.)
Employees
subsection shall take place within existing training programs
and related resources.
(3) Nothing in this section changes any of the duties
established under RCW 26.44.030. [2004 c 135 § 1.]
28A.400.320 Crimes against children—Mandatory
termination of classified employees—Appeal—Recovery
of salary or compensation by district. (1) The school district board of directors shall immediately terminate the
employment of any classified employee who has contact with
children during the course of his or her employment upon a
guilty plea or conviction of any felony crime specified under
RCW 28A.400.322.
(2) The employee shall have a right of appeal under
chapter 28A.645 RCW including any right of appeal under a
collective bargaining agreement. A school district board of
directors is entitled to recover from the employee any salary
or other compensation that may have been paid to the
employee for the period between such time as the employee
was placed on administrative leave, based upon criminal
charges that the employee committed a felony crime specified under RCW 28A.400.322, and the time termination
becomes final. [2009 c 396 § 2; 1990 c 33 § 383; 1989 c 320
§ 3. Formerly RCW 28A.58.1001.]
28A.400.320
Notification of conviction or guilty plea of certain felony crimes: RCW
43.43.845.
Additional notes found at www.leg.wa.gov
28A.400.322 Crimes against children—Crimes specified. (1) RCW 28A.400.320, 28A.400.330, 28A.405.470,
28A.410.090(3), 28A.410.110, 9.96A.020, and 43.43.845
apply upon a guilty plea or conviction occurring after July 23,
1989, and before July 26, 2009, for any of the following felony crimes:
(a) Any felony crime involving the physical neglect of a
child under chapter 9A.42 RCW;
(b) The physical injury or death of a child under chapter
9A.32 or 9A.36 RCW, except motor vehicle violations under
chapter 46.61 RCW;
(c) Sexual exploitation of a child under chapter 9.68A
RCW;
(d) Sexual offenses under chapter 9A.44 RCW where a
minor is the victim;
(e) Promoting prostitution of a minor under chapter
9A.88 RCW;
(f) The sale or purchase of a minor child under RCW
9A.64.030;
(g) Violation of laws of another jurisdiction that are similar to those specified in (a) through (f) of this subsection.
(2) RCW 28A.400.320, 28A.400.330, 28A.405.470,
28A.410.090(3), 28A.410.110, 9.96A.020, and 43.43.845
apply upon a guilty plea or conviction occurring on or after
July 26, 2009, for any of the following felony crimes or
attempts, conspiracies, or solicitations to commit any of the
following felony crimes:
(a) A felony violation of RCW 9A.88.010, indecent
exposure;
(b) A felony violation of chapter 9A.42 RCW involving
physical neglect;
(c) A felony violation of chapter 9A.32 RCW;
28A.400.322
(2010 Ed.)
28A.400.340
(d) A violation of RCW 9A.36.011, assault 1;
9A.36.021, assault 2; 9A.36.120, assault of a child 1;
9A.36.130, assault of a child 2; or any other felony violation
of chapter 9A.36 RCW involving physical injury except
assault 3 where the victim is eighteen years of age or older;
(e) A sex offense as defined in RCW 9.94A.030;
(f) A violation of RCW 9A.40.020, kidnapping 1; or
9A.40.030, kidnapping 2;
(g) A violation of RCW 9A.64.030, child selling or child
buying;
(h) A violation of RCW 9A.88.070, promoting prostitution 1;
(i) A violation of RCW 9A.56.200, robbery 1; or
(j) A violation of laws of another jurisdiction that are
similar to those specified in (a) through (i) of this subsection.
[2009 c 396 § 1.]
28A.400.330
28A.400.330 Crimes against children—Contractor
employees—Termination of contract. The school district
board of directors shall include in any contract for services
with an entity or individual other than an employee of the
school district a provision requiring the contractor to prohibit
any employee of the contractor from working at a public
school who has contact with children at a public school during the course of his or her employment and who has pled
guilty to or been convicted of any felony crime specified
under RCW 28A.400.322. The contract shall also contain a
provision that any failure to comply with this section shall be
grounds for the school district immediately terminating the
contract. [2009 c 396 § 3; 1989 c 320 § 4. Formerly RCW
28A.58.1002.]
Additional notes found at www.leg.wa.gov
28A.400.332
28A.400.332 Use of persons, money, or property for
private gain. (1) No school district employee may employ
or use any person, money, or property under the employee’s
official control or direction, in his or her official custody,
without authorization, for the private benefit or gain of the
employee or another.
(2) This section does not prohibit the use of public
resources to benefit others as part of the employee’s official
duties.
(3) Each school district board of directors may adopt policies providing exceptions to this section for occasional use
of the employee, of de minimis cost and value, if the activity
does not result in interference with the proper performance of
public duties.
(4) The office of the superintendent of public instruction
shall adopt disciplinary guidelines for violations of this section. [2009 c 224 § 1.]
28A.400.340
28A.400.340 Notice of discharge to contain notice of
right to appeal if available. Any notice of discharge given
to a classified or certificated employee, if that employee has
a right to appeal the discharge, shall contain notice of that
right, notice that a description of the appeal process is available, and how the description of the appeal process may be
obtained. [1991 c 102 § 1.]
[Title 28A RCW—page 197]
28A.400.350
Title 28A RCW: Common School Provisions
INSURANCE
28A.400.350 Liability, life, health, health care, accident, disability, and salary insurance authorized—When
required—Premiums. (1) The board of directors of any of
the state’s school districts or educational service districts may
make available liability, life, health, health care, accident,
disability and salary protection or insurance or any one of, or
a combination of the enumerated types of insurance, or any
other type of insurance or protection, for the members of the
boards of directors, the students, and employees of the school
district or educational service district, and their dependents.
Such coverage may be provided by contracts with private carriers, with the state health care authority after July 1, 1990,
pursuant to the approval of the authority administrator, or
through self-insurance or self-funding pursuant to chapter
48.62 RCW, or in any other manner authorized by law.
(2) Whenever funds are available for these purposes the
board of directors of the school district or educational service
district may contribute all or a part of the cost of such protection or insurance for the employees of their respective school
districts or educational service districts and their dependents.
The premiums on such liability insurance shall be borne by
the school district or educational service district.
After October 1, 1990, school districts may not contribute to any employee protection or insurance other than liability insurance unless the district’s employee benefit plan conforms to RCW 28A.400.275 and 28A.400.280.
(3) For school board members, educational service district board members, and students, the premiums due on such
protection or insurance shall be borne by the assenting school
board member, educational service district board member, or
student. The school district or educational service district
may contribute all or part of the costs, including the premiums, of life, health, health care, accident or disability insurance which shall be offered to all students participating in
interschool activities on the behalf of or as representative of
their school, school district, or educational service district.
The school district board of directors and the educational service district board may require any student participating in
extracurricular interschool activities to, as a condition of participation, document evidence of insurance or purchase insurance that will provide adequate coverage, as determined by
the school district board of directors or the educational service district board, for medical expenses incurred as a result
of injury sustained while participating in the extracurricular
activity. In establishing such a requirement, the district shall
adopt regulations for waiving or reducing the premiums of
such coverage as may be offered through the school district
or educational service district to students participating in
extracurricular activities, for those students whose families,
by reason of their low income, would have difficulty paying
the entire amount of such insurance premiums. The district
board shall adopt regulations for waiving or reducing the
insurance coverage requirements for low-income students in
order to assure such students are not prohibited from participating in extracurricular interschool activities.
(4) All contracts for insurance or protection written to
take advantage of the provisions of this section shall provide
that the beneficiaries of such contracts may utilize on an
equal participation basis the services of those practitioners
28A.400.350
[Title 28A RCW—page 198]
licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57, and
18.71 RCW. [2001 c 266 § 2. Prior: 1995 1st sp.s. c 6 § 18;
1995 c 126 § 1; 1993 c 492 § 226; prior: 1990 1st ex.s. c 11
§ 3; 1990 c 74 § 1; 1988 c 107 § 16; 1985 c 277 § 8; 1977
ex.s. c 255 § 1; 1973 1st ex.s. c 9 § 1; 1971 ex.s. c 269 § 2;
1971 c 8 § 3; 1969 ex.s. c 237 § 3; 1969 ex.s. c 223 §
28A.58.420; prior: 1967 c 135 § 2, part; 1959 c 187 § 1, part.
Formerly RCW 28A.58.420, 28.76.410, part.]
Findings—Intent—1993 c 492: See notes following RCW 43.72.005.
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
Hospitalization and medical insurance authorized: RCW 41.04.180.
Operation of student transportation program responsibility of local dist r i c t — S c o p e — T r an s p o r t i n g o f e l d e rl y — In s u ra n c e : R C W
28A.160.010.
Retirement allowance deductions for health care benefit plans: RCW
41.04.235.
Additional notes found at www.leg.wa.gov
28A.400.360 Liability insurance for officials and
employees authorized. The board of directors of each
school district may purchase liability insurance with such
limits as they may deem reasonable for the purpose of protecting their officials and employees against liability for personal or bodily injuries and property damage arising from
their acts or omissions while performing or in good faith purporting to perform their official duties. [1973 c 125 § 1. Formerly RCW 28A.58.423.]
28A.400.360
28A.400.370 Mandatory insurance protection for
employees. Notwithstanding any other provision of law,
after August 9, 1971 boards of directors of all school districts
shall provide their employees with insurance protection covering those employees while engaged in the maintenance of
order and discipline and the protection of school personnel
and students and the property thereof when that is deemed
necessary by such employees. Such insurance protection
must include as a minimum, liability insurance covering
injury to persons and property, and insurance protecting those
employees from loss or damage of their personal property
incurred while so engaged. [1971 ex.s. c 269 § 1. Formerly
RCW 28A.58.425.]
28A.400.370
Additional notes found at www.leg.wa.gov
28A.400.380 Leave sharing program. Every school
district board of directors and educational service district
superintendent may, in accordance with RCW 41.04.650
through 41.04.665, establish and administer a leave sharing
program for their certificated and classified employees. For
employees of school districts and educational service districts, the superintendent of public instruction shall adopt
standards: (1) Establishing appropriate parameters for the
program which are consistent with the provisions of RCW
41.04.650 through 41.04.665; and (2) establishing procedures to ensure that the program does not significantly
increase the cost of providing leave. [1997 c 13 § 12; 1990 c
23 § 4; 1989 c 93 § 6. Formerly RCW 28A.58.0991.]
28A.400.380
Additional notes found at www.leg.wa.gov
28A.400.391 Insurance for retired and disabled
employees—Application—Rules. (1) Every group disabil28A.400.391
(2010 Ed.)
Certificated Employees
ity insurance policy, health care service contract, health
maintenance agreement, and health and welfare benefit plan
obtained or created to provide benefits to employees of
school districts and their dependents shall contain provisions
that permit retired and disabled employees to continue medical, dental, or vision coverage under the group policy, contract, agreement, or plan until September 30, 1993, or until
the employee becomes eligible for federal medicare coverage, whichever occurs first. The terms and conditions for
election and maintenance of such continued coverage shall
conform to the standards established under the federal consolidated omnibus budget reconciliation act of 1985, as
amended. The period of continued coverage provided under
this section shall run concurrently with any period of coverage guaranteed under the federal consolidated omnibus budget reconciliation act of 1985, as amended.
(2) This section applies to:
(a) School district employees who retired or lost insurance coverage due to disability after July 28, 1991;
(b) School district employees who retired or lost insurance coverage due to disability within the eighteen-month
period ending on July 28, 1991; and
(c) School district employees who retired or lost insurance coverage due to disability prior to January 28, 1990, and
who were covered by their employing district’s insurance
plan on January 1, 1991.
(3) For the purposes of this section "retired employee"
means an employee who separates from district service and is
eligible at the time of separation from service to receive,
immediately following separation from service, a retirement
allowance under chapter 41.32 or 41.40 RCW.
(4) The superintendent of public instruction shall adopt
administrative rules to implement this section. [1993 c 386 §
2; 1992 c 152 § 1.]
Intent—1993 c 386: "It is the legislature’s intent to increase access to
health insurance for retired and disabled school employees and also to
improve equity between state employees and school employees by providing
for the reduction of health insurance premiums charged to retired school
employees through a subsidy charged against health insurance allocations
for active employees. It is further the legislature’s intent to improve the costeffectiveness of state-purchased health care by managing programs for public employees, in this case retired school employees, through the state health
care authority." [1993 c 386 § 1.]
Additional notes found at www.leg.wa.gov
28A.400.395 Insurance for retired employees and
their dependents—Method of payment of premium. A
group disability insurance policy, health care service contract, health maintenance agreement, or health and welfare
benefit plan that provides benefits to retired school district
employees and eligible dependents shall not require the beneficiary to make payment by monthly deduction from the
beneficiary’s state retirement allowance if the payment
exceeds the retirement allowance. In such cases, the payment
may be made directly by the individual beneficiary. [1992 c
152 § 3.]
account established in RCW 41.05.120 the amount specified
for remittance in the omnibus appropriations act.
(2) The remittance requirements specified in this section
shall not apply to employees of a school district or educational service district who receive insurance benefits through
contracts with the health care authority. [1995 1st sp.s. c 6 §
1.]
Additional notes found at www.leg.wa.gov
Chapter 28A.405
QUALIFICATIONS
28A.405.030
28A.405.040
28A.405.060
28A.405.070
Must teach morality and patriotism.
Disqualification for failure to emphasize patriotism—Penalty.
Course of study and regulations—Enforcement—Withholding salary warrant for failure.
Job sharing.
CRITERIA FOR EVALUATION AND MODEL PROGRAMS
28A.405.100
28A.405.102
28A.405.104
28A.405.110
28A.405.120
28A.405.130
28A.405.140
Minimum criteria for the evaluation of certificated
employees, including administrators—Procedure—
Scope—Models—Penalty.
Analysis of evaluation systems.
Professional development funding for new teachers—Districts participating in evaluation system in RCW
28A.405.100 (2) and (6).
Evaluations—Legislative findings.
Training for evaluators.
Training in evaluation procedures required.
Assistance for teacher may be required after evaluation.
CONDITIONS AND CONTRACTS OF EMPLOYMENT
28A.405.200
28A.405.210
28A.405.220
28A.405.230
28A.405.240
28A.405.245
28A.405.250
28A.405.260
Annual salary schedules as basis for salaries of certificated
employees.
Conditions and contracts of employment—Determination
of probable cause for nonrenewal of contracts—Nonrenewal due to enrollment decline or revenue loss—
Notice—Opportunity for hearing.
Conditions and contracts of employment—Nonrenewal of
provisional employees—Notice—Procedure.
Conditions and contracts of employment—Transfer of
administrator to subordinate certificated position—
Notice—Procedure.
Conditions and contracts of employment—Supplemental
contracts, when—Continuing contract provisions not
applicable to.
Transfer of principal to subordinate certificated position—
Notice—Procedure.
Certificated employees, applicants for certificated position, not to be discriminated against—Right to inspect
personnel file.
Use of false academic credentials—Penalties.
HIRING AND DISCHARGE
28A.405.300
28A.405.310
28A.405.320
28A.405.330
28A.400.410
(2010 Ed.)
Chapter 28A.405 RCW
CERTIFICATED EMPLOYEES
Sections
28A.400.395
28A.400.410 Payment to the public employees’ and
retirees’ insurance account. (1) In a manner prescribed by
the state health care authority, school districts and educational service districts shall remit to the health care authority
for deposit in the public employees’ and retirees’ insurance
Chapter 28A.405
28A.405.340
28A.405.350
Adverse change in contract status of certificated
employee—Determination of probable cause—
Notice—Opportunity for hearing.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Hearings—Procedure.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Notice—Service—Filing—Contents.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Certification and filing with court of transcript.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Scope.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Costs, attorney’s fee and damages.
[Title 28A RCW—page 199]
28A.405.030
28A.405.360
28A.405.370
28A.405.380
Title 28A RCW: Common School Provisions
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appellate review.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Other statutes not applicable.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Direct judicial appeal, when.
SALARY AND COMPENSATION
28A.405.400
28A.405.410
28A.405.415
Payroll deductions authorized for employees.
Payroll deductions authorized for certificated employees—Savings.
Bonuses—National board for professional standards certification.
MISCELLANEOUS PROVISIONS
28A.405.460
28A.405.465
28A.405.466
Lunch period for certificated employees.
Use of classified personnel to supervise in noninstructional activities.
Presence of certificated personnel at schools before and
after school—Policy.
TERMINATION OF CERTIFICATED STAFF
28A.405.470
28A.405.475
28A.405.900
Crimes against children—Mandatory termination of certificated employees—Appeal—Recovery of salary or
compensation by district.
Termination of certificated employee based on guilty plea
or conviction of certain felonies—Notice to superintendent of public instruction—Record of notices.
Certain certificated employees exempt from chapter provisions.
Assistance of certificated or classified employee—Reimbursement for substitute: RCW 28A.300.035.
Conditional scholarship and loan repayment program for future teachers:
Chapter 28B.102 RCW.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28A.405.060 Course of study and regulations—
Enforcement—Withholding salary warrant for failure.
Certificated employees shall faithfully enforce in the common schools the course of study and regulations prescribed,
whether regulations of the district, the superintendent of public instruction, or the state board of education, and shall furnish promptly all information relating to the common schools
which may be requested by the educational service district
superintendent.
Any certificated employee who wilfully refuses or
neglects to enforce the course of study or the rules and regulations as above in this section required, shall not be allowed
by the directors any warrant for salary due until said person
shall have complied with said requirements. [1975 1st ex.s. c
275 § 132; 1971 c 48 § 49; 1969 ex.s. c 223 § 28A.67.060.
Prior: (i) 1909 c 97 p 307 § 4; RRS § 4850; prior: 1899 c 142
§ 11; 1897 c 118 § 54; 1886 p 18 § 47. Formerly RCW
28.67.060. (ii) 1909 c 97 p 360 § 8; RRS § 5051; prior: 1903
c 156 § 8; 1897 c 118 § 166. Formerly RCW 28A.67.060,
28.87.150.]
28A.405.060
28A.405.070 Job sharing. Effective December 31,
1995, school and educational service districts shall have a
policy on the sharing of jobs by district employees. [1995 c
335 § 701; 1989 c 206 § 1. Formerly RCW 28A.58.580.]
28A.405.070
Additional notes found at www.leg.wa.gov
Educational employment relations act: Chapter 41.59 RCW.
CRITERIA FOR EVALUATION AND
MODEL PROGRAMS
QUALIFICATIONS
28A.405.100 Minimum criteria for the evaluation of
certificated employees, including administrators—Procedure—Scope—Models—Penalty. (1)(a) Except as provided in subsection (2) of this section, the superintendent of
public instruction shall establish and may amend from time to
time minimum criteria for the evaluation of the professional
performance capabilities and development of certificated
classroom teachers and certificated support personnel. For
classroom teachers the criteria shall be developed in the following categories: Instructional skill; classroom management, professional preparation and scholarship; effort toward
improvement when needed; the handling of student discipline
and attendant problems; and interest in teaching pupils and
knowledge of subject matter.
(b) Every board of directors shall, in accordance with
procedure provided in RCW 41.59.010 through 41.59.170,
41.59.910 and 41.59.920, establish evaluative criteria and
procedures for all certificated classroom teachers and certificated support personnel. The evaluative criteria must contain
as a minimum the criteria established by the superintendent
of public instruction pursuant to this section and must be prepared within six months following adoption of the superintendent of public instruction’s minimum criteria. The district
must certify to the superintendent of public instruction that
evaluative criteria have been so prepared by the district.
(2)(a) Pursuant to the implementation schedule established in subsection (7)(b) of this section, every board of
directors shall, in accordance with procedures provided in
28A.405.100
28A.405.030 Must teach morality and patriotism. It
shall be the duty of all teachers to endeavor to impress on the
minds of their pupils the principles of morality, truth, justice,
temperance, humanity and patriotism; to teach them to avoid
idleness, profanity and falsehood; to instruct them in the principles of free government, and to train them up to the true
comprehension of the rights, duty and dignity of American
citizenship. [1969 ex.s. c 223 § 28A.67.110. Prior: 1909 c 97
p 308 § 8; RRS § 4855; prior: 1897 c 118 § 58; 1890 p 371 §
42; 1886 p 19 § 50; Code 1881 § 3203. Formerly RCW
28A.67.110, 28.67.110.]
28A.405.030
28A.405.040 Disqualification for failure to emphasize patriotism—Penalty. (1) No person, whose certificate
or permit authorizing him or her to teach in the common
schools of this state has been revoked due to his or her failure
to endeavor to impress on the minds of his or her pupils the
principles of patriotism, or to train them up to the true comprehension of the rights, duty and dignity of American citizenship, shall be permitted to teach in any common school in
this state.
(2) Any person teaching in any school in violation of this
section, and any school director knowingly permitting any
person to teach in any school in violation of this section is
guilty of a misdemeanor. [2003 c 53 § 167; 1990 c 33 § 384;
1969 ex.s. c 223 § 28A.67.030. Prior: 1919 c 38 § 2; RRS §
4846. Formerly RCW 28A.67.030, 28.67.030.]
28A.405.040
[Title 28A RCW—page 200]
(2010 Ed.)
Certificated Employees
RCW 41.59.010 through 41.59.170, 41.59.910, and
41.59.920, establish revised evaluative criteria and a fourlevel rating system for all certificated classroom teachers.
(b) The minimum criteria shall include: (i) Centering
instruction on high expectations for student achievement; (ii)
demonstrating effective teaching practices; (iii) recognizing
individual student learning needs and developing strategies to
address those needs; (iv) providing clear and intentional
focus on subject matter content and curriculum; (v) fostering
and managing a safe, positive learning environment; (vi)
using multiple student data elements to modify instruction
and improve student learning; (vii) communicating and collaborating with parents and [the] school community; and
(viii) exhibiting collaborative and collegial practices focused
on improving instructional practice and student learning.
(c) The four-level rating system used to evaluate the certificated classroom teacher must describe performance along
a continuum that indicates the extent to which the criteria
have been met or exceeded. When student growth data, if
available and relevant to the teacher and subject matter, is
referenced in the evaluation process it must be based on multiple measures that can include classroom-based, schoolbased, district-based, and state-based tools. As used in this
subsection, "student growth" means the change in student
achievement between two points in time.
(3)(a) Except as provided in subsection (10) of this section, it shall be the responsibility of a principal or his or her
designee to evaluate all certificated personnel in his or her
school. During each school year all classroom teachers and
certificated support personnel shall be observed for the purposes of evaluation at least twice in the performance of their
assigned duties. Total observation time for each employee
for each school year shall be not less than sixty minutes. An
employee in the third year of provisional status as defined in
RCW 28A.405.220 shall be observed at least three times in
the performance of his or her duties and the total observation
time for the school year shall not be less than ninety minutes.
Following each observation, or series of observations, the
principal or other evaluator shall promptly document the
results of the observation in writing, and shall provide the
employee with a copy thereof within three days after such
report is prepared. New employees shall be observed at least
once for a total observation time of thirty minutes during the
first ninety calendar days of their employment period.
(b) As used in this subsection and subsection (4) of this
section, "employees" means classroom teachers and certificated support personnel.
(4)(a) At any time after October 15th, an employee
whose work is not judged satisfactory based on district evaluation criteria shall be notified in writing of the specific areas
of deficiencies along with a reasonable program for improvement. During the period of probation, the employee may not
be transferred from the supervision of the original evaluator.
Improvement of performance or probable cause for nonrenewal must occur and be documented by the original evaluator before any consideration of a request for transfer or reassignment as contemplated by either the individual or the
school district. A probationary period of sixty school days
shall be established. The establishment of a probationary
period does not adversely affect the contract status of an
employee within the meaning of RCW 28A.405.300. The
(2010 Ed.)
28A.405.100
purpose of the probationary period is to give the employee
opportunity to demonstrate improvements in his or her areas
of deficiency. The establishment of the probationary period
and the giving of the notice to the employee of deficiency
shall be by the school district superintendent and need not be
submitted to the board of directors for approval. During the
probationary period the evaluator shall meet with the
employee at least twice monthly to supervise and make a
written evaluation of the progress, if any, made by the
employee. The evaluator may authorize one additional certificated employee to evaluate the probationer and to aid the
employee in improving his or her areas of deficiency; such
additional certificated employee shall be immune from any
civil liability that might otherwise be incurred or imposed
with regard to the good faith performance of such evaluation.
The probationer may be removed from probation if he or she
has demonstrated improvement to the satisfaction of the principal in those areas specifically detailed in his or her initial
notice of deficiency and subsequently detailed in his or her
improvement program. Lack of necessary improvement during the established probationary period, as specifically documented in writing with notification to the probationer and
shall constitute grounds for a finding of probable cause under
RCW 28A.405.300 or 28A.405.210.
(b) Immediately following the completion of a probationary period that does not produce performance changes
detailed in the initial notice of deficiencies and improvement
program, the employee may be removed from his or her
assignment and placed into an alternative assignment for the
remainder of the school year. This reassignment may not displace another employee nor may it adversely affect the probationary employee’s compensation or benefits for the remainder of the employee’s contract year. If such reassignment is
not possible, the district may, at its option, place the
employee on paid leave for the balance of the contract term.
(5) Every board of directors shall establish evaluative
criteria and procedures for all superintendents, principals,
and other administrators. It shall be the responsibility of the
district superintendent or his or her designee to evaluate all
administrators. Except as provided in subsection (6) of this
section, such evaluation shall be based on the administrative
position job description. Such criteria, when applicable, shall
include at least the following categories: Knowledge of,
experience in, and training in recognizing good professional
performance, capabilities and development; school administration and management; school finance; professional preparation and scholarship; effort toward improvement when
needed; interest in pupils, employees, patrons and subjects
taught in school; leadership; and ability and performance of
evaluation of school personnel.
(6)(a) Pursuant to the implementation schedule established by subsection (7)(b) of this section, every board of
directors shall establish revised evaluative criteria and a fourlevel rating system for principals.
(b) The minimum criteria shall include: (i) Creating a
school culture that promotes the ongoing improvement of
learning and teaching for students and staff; (ii) demonstrating commitment to closing the achievement gap; (iii) providing for school safety; (iv) leading the development, implementation, and evaluation of a data-driven plan for increasing
student achievement, including the use of multiple student
[Title 28A RCW—page 201]
28A.405.100
Title 28A RCW: Common School Provisions
data elements; (v) assisting instructional staff with alignment
of curriculum, instruction, and assessment with state and
local district learning goals; (vi) monitoring, assisting, and
evaluating effective instruction and assessment practices;
(vii) managing both staff and fiscal resources to support student achievement and legal responsibilities; and (viii) partnering with the school community to promote student learning.
(c) The four-level rating system used to evaluate the
principal must describe performance along a continuum that
indicates the extent to which the criteria have been met or
exceeded. When available, student growth data that is referenced in the evaluation process must be based on multiple
measures that can include classroom-based, school-based,
district-based, and state-based tools. As used in this subsection, "student growth" means the change in student achievement between two points in time.
(7)(a) The superintendent of public instruction, in collaboration with state associations representing teachers, principals, administrators, and parents, shall create models for
implementing the evaluation system criteria, student growth
tools, professional development programs, and evaluator
training for certificated classroom teachers and principals.
Human resources specialists, professional development
experts, and assessment experts must also be consulted. Due
to the diversity of teaching assignments and the many developmental levels of students, classroom teachers and principals must be prominently represented in this work. The models must be available for use in the 2011-12 school year.
(b) A new certificated classroom teacher evaluation system that implements the provisions of subsection (2) of this
section and a new principal evaluation system that implements the provisions of subsection (6) of this section shall be
phased-in beginning with the 2010-11 school year by districts
identified in (c) of this subsection and implemented in all
school districts beginning with the 2013-14 school year.
(c) A set of school districts shall be selected by the superintendent of public instruction to participate in a collaborative process resulting in the development and piloting of new
certificated classroom teacher and principal evaluation systems during the 2010-11 and 2011-12 school years. These
school districts must be selected based on: (i) The agreement
of the local associations representing classroom teachers and
principals to collaborate with the district in this developmental work and (ii) the agreement to participate in the full range
of development and implementation activities, including:
Development of rubrics for the evaluation criteria and ratings
in subsections (2) and (6) of this section; identification of or
development of appropriate multiple measures of student
growth in subsections (2) and (6) of this section; development of appropriate evaluation system forms; participation in
professional development for principals and classroom teachers regarding the content of the new evaluation system; participation in evaluator training; and participation in activities
to evaluate the effectiveness of the new systems and support
programs. The school districts must submit to the office of
the superintendent of public instruction data that is used in
evaluations and all district-collected student achievement,
aptitude, and growth data regardless of whether the data is
used in evaluations. If the data is not available electronically,
the district may submit it in nonelectronic form. The super[Title 28A RCW—page 202]
intendent of public instruction must analyze the districts’ use
of student data in evaluations, including examining the extent
that student data is not used or is underutilized. The superintendent of public instruction must also consult with participating districts and stakeholders, recommend appropriate
changes, and address statewide implementation issues. The
superintendent of public instruction shall report evaluation
system implementation status, evaluation data, and recommendations to appropriate committees of the legislature and
governor by July 1, 2011, and at the conclusion of the development phase by July 1, 2012. In the July 1, 2011 report, the
superintendent shall include recommendations for whether a
single statewide evaluation model should be adopted,
whether modified versions developed by school districts
should be subject to state approval, and what the criteria
would be for determining if a school district’s evaluation
model meets or exceeds a statewide model. The report shall
also identify challenges posed by requiring a state approval
process.
(8) Each certificated classroom teacher and certificated
support personnel shall have the opportunity for confidential
conferences with his or her immediate supervisor on no less
than two occasions in each school year. Such confidential
conference shall have as its sole purpose the aiding of the
administrator in his or her assessment of the employee’s professional performance.
(9) The failure of any evaluator to evaluate or supervise
or cause the evaluation or supervision of certificated classroom teachers and certificated support personnel or administrators in accordance with this section, as now or hereafter
amended, when it is his or her specific assigned or delegated
responsibility to do so, shall be sufficient cause for the nonrenewal of any such evaluator’s contract under RCW
28A.405.210, or the discharge of such evaluator under RCW
28A.405.300.
(10) After a certificated classroom teacher or certificated
support personnel has four years of satisfactory evaluations
under subsection (1) of this section or has received one of the
two top ratings for four years under subsection (2) of this section, a school district may use a short form of evaluation, a
locally bargained evaluation emphasizing professional
growth, an evaluation under subsection (1) or (2) of this section, or any combination thereof. The short form of evaluation shall include either a thirty minute observation during
the school year with a written summary or a final annual written evaluation based on the criteria in subsection (1) or (2) of
this section and based on at least two observation periods during the school year totaling at least sixty minutes without a
written summary of such observations being prepared. A
locally bargained short-form evaluation emphasizing professional growth must provide that the professional growth
activity conducted by the certificated classroom teacher be
specifically linked to one or more of the certificated classroom teacher evaluation criteria. However, the evaluation
process set forth in subsection (1) or (2) of this section shall
be followed at least once every three years unless this time is
extended by a local school district under the bargaining process set forth in chapter 41.59 RCW. The employee or evaluator may require that the evaluation process set forth in subsection (1) or (2) of this section be conducted in any given
school year. No evaluation other than the evaluation autho(2010 Ed.)
Certificated Employees
rized under subsection (1) or (2) of this section may be used
as a basis for determining that an employee’s work is not satisfactory under subsection (1) or (2) of this section or as probable cause for the nonrenewal of an employee’s contract
under RCW 28A.405.210 unless an evaluation process developed under chapter 41.59 RCW determines otherwise. [2010
c 235 § 202; 1997 c 278 § 1; 1994 c 115 § 1; 1990 c 33 § 386;
1985 c 420 § 6; 1975-’76 2nd ex.s. c 114 § 3; 1975 1st ex.s. c
288 § 22; 1969 ex.s. c 34 § 22. Formerly RCW 28A.67.065.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Construction of chapter—Employee’s rights preserved: See RCW
41.59.920.
Construction of chapter—Employer’s responsibilities and rights
preserved: See RCW 41.59.930.
Criteria used for evaluation of staff members to be included in guide: RCW
28A.150.230.
Additional notes found at www.leg.wa.gov
28A.405.102 Analysis of evaluation systems. (1) Representatives of the office of the superintendent of public
instruction and statewide associations representing administrators, principals, human resources specialists, and certificated classroom teachers shall analyze how the evaluation
systems in RCW 28A.405.100 (2) and (6) affect issues
related to a change in contract status.
(2) The analysis shall be conducted during each of the
phase-in years of the certificated classroom teacher and principal evaluation systems. The analysis shall include: Procedures, timelines, probationary periods, appeal procedures,
and other items related to the timely exercise of employment
decisions and due process provisions for certificated classroom teachers and principals. [2010 c 235 § 204.]
28A.405.102
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.405.104 Professional development funding for
new teachers—Districts participating in evaluation system in RCW 28A.405.100 (2) and (6). If funds are provided
for professional development activities designed specifically
for first through third-year teachers, the funds shall be allocated first to districts participating in the evaluation systems
in RCW 28A.405.100 (2) and (6) before the required implementation date under that section. [2010 c 235 § 205.]
28A.405.104
28A.405.200
teachers prior to candidates being granted official certification by the professional educator standards board. Teacher
preparation program entrance evaluations, teacher training,
teacher preparation program exit examinations, official certification, in-service training, and ongoing evaluations of individual progress and professional growth are all part of developing and maintaining a strong precertification and postcertification professional education system.
The legislature further finds that an evaluation system
for teachers has the following elements, goals, and objectives: (1) An evaluation system must be meaningful, helpful,
and objective; (2) an evaluation system must encourage
improvements in teaching skills, techniques, and abilities by
identifying areas needing improvement; (3) an evaluation
system must provide a mechanism to make meaningful distinctions among teachers and to acknowledge, recognize, and
encourage superior teaching performance; and (4) an evaluation system must encourage respect in the evaluation process
by the persons conducting the evaluations and the persons
subject to the evaluations through recognizing the importance
of objective standards and minimizing subjectivity. [2006 c
263 § 806; 1985 c 420 § 1. Formerly RCW 28A.67.205.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Reviser’s note: (1) 1985 ex.s. c 6 § 501 provides specific funding for
the purposes of this act.
(2) 1985 ex.s. c 6 took effect June 27, 1985.
Additional notes found at www.leg.wa.gov
28A.405.120 Training for evaluators. School districts
shall require each administrator, each principal, or other
supervisory personnel who has responsibility for evaluating
classroom teachers to have training in evaluation procedures.
[1995 c 335 § 401; 1985 c 420 § 3. Formerly RCW
28A.67.210.]
28A.405.120
Additional notes found at www.leg.wa.gov
28A.405.130 Training in evaluation procedures
required. No administrator, principal, or other supervisory
personnel may evaluate a teacher without having received
training in evaluation procedures. [1985 c 420 § 4. Formerly
RCW 28A.67.215.]
28A.405.130
Additional notes found at www.leg.wa.gov
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.405.140 Assistance for teacher may be required
after evaluation. After an evaluation conducted pursuant to
RCW 28A.405.100, the principal or the evaluator may
require the teacher to take in-service training provided by the
district in the area of teaching skills needing improvement,
and may require the teacher to have a mentor for purposes of
achieving such improvement. [1993 c 336 § 403; 1990 c 33
§ 387; 1985 c 420 § 5. Formerly RCW 28A.67.220.]
28A.405.140
28A.405.110 Evaluations—Legislative findings. The
legislature recognizes the importance of teachers in the educational system. Teachers are the fundamental element in
assuring a quality education for the state’s and the nation’s
children. Teachers, through their direct contact with children, have a great impact on the development of the child.
The legislature finds that this important role of the teacher
requires an assurance that teachers are as successful as possible in attaining the goal of a well-educated society. The legislature finds, therefore, that the evaluation of those persons
seeking to enter the teaching profession is no less important
than the evaluation of those persons currently teaching. The
evaluation of persons seeking teaching credentials should be
strenuous while making accommodations uniquely appropriate to the applicants. Strenuous teacher training and preparation should be complemented by examinations of prospective
28A.405.110
(2010 Ed.)
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Additional notes found at www.leg.wa.gov
CONDITIONS AND CONTRACTS OF EMPLOYMENT
28A.405.200 Annual salary schedules as basis for salaries of certificated employees. Every school district by
28A.405.200
[Title 28A RCW—page 203]
28A.405.210
Title 28A RCW: Common School Provisions
action of its board of directors shall adopt annual salary
schedules and reproduce the same by printing, mimeographing or other reasonable method, which shall be the basis for
salaries for all certificated employees in the district. [1969
ex.s. c 283 § 1. Formerly RCW 28A.67.066, 28.67.066.]
Additional notes found at www.leg.wa.gov
28A.405.210
28A.405.210 Conditions and contracts of employment—Determination of probable cause for nonrenewal
of contracts—Nonrenewal due to enrollment decline or
revenue loss—Notice—Opportunity for hearing. No
teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with a school district, hereinafter referred to as "employee", shall be employed
except by written order of a majority of the directors of the
district at a regular or special meeting thereof, nor unless he
or she is the holder of an effective teacher’s certificate or
other certificate required by law or the Washington professional educator standards board for the position for which the
employee is employed.
The board shall make with each employee employed by
it a written contract, which shall be in conformity with the
laws of this state, and except as otherwise provided by law,
limited to a term of not more than one year. Every such contract shall be made in duplicate, one copy to be retained by
the school district superintendent or secretary and one copy
to be delivered to the employee. No contract shall be offered
by any board for the employment of any employee who has
previously signed an employment contract for that same term
in another school district of the state of Washington unless
such employee shall have been released from his or her obligations under such previous contract by the board of directors
of the school district to which he or she was obligated. Any
contract signed in violation of this provision shall be void.
In the event it is determined that there is probable cause
or causes that the employment contract of an employee
should not be renewed by the district for the next ensuing
term such employee shall be notified in writing on or before
May 15th preceding the commencement of such term of that
determination, or if the omnibus appropriations act has not
passed the legislature by May 15th, then notification shall be
no later than June 15th, which notification shall specify the
cause or causes for nonrenewal of contract. Such determination of probable cause for certificated employees, other than
the superintendent, shall be made by the superintendent.
Such notice shall be served upon the employee personally, or
by certified or registered mail, or by leaving a copy of the
notice at the house of his or her usual abode with some person
of suitable age and discretion then resident therein. Every
such employee so notified, at his or her request made in writing and filed with the president, chair or secretary of the
board of directors of the district within ten days after receiving such notice, shall be granted opportunity for hearing pursuant to RCW 28A.405.310 to determine whether there is
sufficient cause or causes for nonrenewal of contract: PROVIDED, That any employee receiving notice of nonrenewal
of contract due to an enrollment decline or loss of revenue
may, in his or her request for a hearing, stipulate that initiation of the arrangements for a hearing officer as provided for
by RCW 28A.405.310(4) shall occur within ten days follow[Title 28A RCW—page 204]
ing July 15 rather than the day that the employee submits the
request for a hearing. If any such notification or opportunity
for hearing is not timely given, the employee entitled thereto
shall be conclusively presumed to have been reemployed by
the district for the next ensuing term upon contractual terms
identical with those which would have prevailed if his or her
employment had actually been renewed by the board of directors for such ensuing term.
This section shall not be applicable to "provisional
employees" as so designated in RCW 28A.405.220; transfer
to a subordinate certificated position as that procedure is set
forth in RCW 28A.405.230 or 28A.405.245 shall not be construed as a nonrenewal of contract for the purposes of this
section. [2010 c 235 § 303; 2009 c 57 § 1; 2005 c 497 § 216;
1996 c 201 § 1; 1990 c 33 § 390. Prior: 1983 c 83 § 1; 1983
c 56 § 11; 1975-’76 2nd ex.s. c 114 § 4; 1975 1st ex.s. c 275
§ 133; 1973 c 49 § 2; 1970 ex.s. c 15 § 16; prior: 1969 ex.s.
c 176 § 143; 1969 ex.s. c 34 § 12; 1969 ex.s. c 15 § 2; 1969
ex.s. c 223 § 28A.67.070; prior: 1961 c 241 § 1; 1955 c 68 §
3; prior: (i) 1909 c 97 p 307 § 5; 1897 c 118 § 55; 1891 c 127
§ 14; 1890 p 369 § 37; 1886 p 18 § 47; Code 1881 § 3200;
RRS § 4851. (ii) 1943 c 52 § 1, part; 1941 c 179 § 1, part;
1939 c 131 § 1, part; 1925 ex.s. c 57 § 1, part; 1919 c 89 § 3,
part; 1915 c 44 § 1, part; 1909 c 97 p 285 § 2, part; 1907 c 240
§ 5, part; 1903 c 104 § 17, part; 1901 c 41 § 3, part; 1897 c
118 § 40, part; 1890 p 364 § 26, part; Rem. Supp. 1943 §
4776, part. Formerly RCW 28A.67.070, 28.67.070.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Effective date—2009 c 57: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 10, 2009]." [2009 c 57 § 5.]
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Minimum criteria for the evaluation of certificated employees, including
administrators—Procedure—Scope—Models—Penalty: RCW
28A.405.100.
School superintendent—RCW 28A.405.210 not applicable to contract
renewal: RCW 28A.400.010.
Additional notes found at www.leg.wa.gov
28A.405.220 Conditions and contracts of employment—Nonrenewal of provisional employees—Notice—
Procedure. (1) Notwithstanding the provisions of RCW
28A.405.210, every person employed by a school district in a
teaching or other nonsupervisory certificated position shall
be subject to nonrenewal of employment contract as provided
in this section during the first three years of employment by
such district, unless: (a) The employee has previously completed at least two years of certificated employment in
another school district in the state of Washington, in which
case the employee shall be subject to nonrenewal of employment contract pursuant to this section during the first year of
employment with the new district; or (b) the school district
superintendent may make a determination to remove an
employee from provisional status if the employee has
received one of the top two evaluation ratings during the second year of employment by the district. Employees as
defined in this section shall hereinafter be referred to as "provisional employees."
(2) In the event the superintendent of the school district
determines that the employment contract of any provisional
28A.405.220
(2010 Ed.)
Certificated Employees
employee should not be renewed by the district for the next
ensuing term such provisional employee shall be notified
thereof in writing on or before May 15th preceding the commencement of such school term, or if the omnibus appropriations act has not passed the legislature by May 15th, then
notification shall be no later than June 15th, which notification shall state the reason or reasons for such determination.
Such notice shall be served upon the provisional employee
personally, or by certified or registered mail, or by leaving a
copy of the notice at the place of his or her usual abode with
some person of suitable age and discretion then resident
therein. The determination of the superintendent shall be
subject to the evaluation requirements of RCW 28A.405.100.
(3) Every such provisional employee so notified, at his or
her request made in writing and filed with the superintendent
of the district within ten days after receiving such notice,
shall be given the opportunity to meet informally with the
superintendent for the purpose of requesting the superintendent to reconsider his or her decision. Such meeting shall be
held no later than ten days following the receipt of such
request, and the provisional employee shall be given written
notice of the date, time and place of meeting at least three
days prior thereto. At such meeting the provisional employee
shall be given the opportunity to refute any facts upon which
the superintendent’s determination was based and to make
any argument in support of his or her request for reconsideration.
(4) Within ten days following the meeting with the provisional employee, the superintendent shall either reinstate
the provisional employee or shall submit to the school district
board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the provisional employee be nonrenewed and stating
the reason or reasons therefor. A copy of such report shall be
delivered to the provisional employee at least three days prior
to the scheduled meeting of the board of directors. In taking
action upon the recommendation of the superintendent, the
board of directors shall consider any written communication
which the provisional employee may file with the secretary
of the board at any time prior to that meeting.
(5) The board of directors shall notify the provisional
employee in writing of its final decision within ten days following the meeting at which the superintendent’s recommendation was considered. The decision of the board of directors
to nonrenew the contract of a provisional employee shall be
final and not subject to appeal.
(6) This section applies to any person employed by a
school district in a teaching or other nonsupervisory certificated position after June 25, 1976. This section provides the
exclusive means for nonrenewing the employment contract
of a provisional employee and no other provision of law shall
be applicable thereto, including, without limitation, RCW
28A.405.210 and chapter 28A.645 RCW. [2010 c 235 § 203;
2009 c 57 § 2; 1996 c 201 § 2; 1992 c 141 § 103; 1990 c 33 §
391; 1975-’76 2nd ex.s. c 114 § 1. Formerly RCW
28A.67.072.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Effective date—2009 c 57: See note following RCW 28A.405.210.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28A.405.230
28A.405.230 Conditions and contracts of employment—Transfer of administrator to subordinate certificated position—Notice—Procedure. Any certificated
employee of a school district employed as an assistant superintendent, director, principal, assistant principal, coordinator,
or in any other supervisory or administrative position, hereinafter in this section referred to as "administrator", shall be
subject to transfer, at the expiration of the term of his or her
employment contract, to any subordinate certificated position
within the school district. "Subordinate certificated position"
as used in this section, shall mean any administrative or nonadministrative certificated position for which the annual
compensation is less than the position currently held by the
administrator.
Every superintendent determining that the best interests
of the school district would be served by transferring any
administrator to a subordinate certificated position shall
notify that administrator in writing on or before May 15th
preceding the commencement of such school term of that
determination, or if the omnibus appropriations act has not
passed the legislature by May 15th, then notification shall be
no later than June 15th, which notification shall state the reason or reasons for the transfer, and shall identify the subordinate certificated position to which the administrator will be
transferred. Such notice shall be served upon the administrator personally, or by certified or registered mail, or by leaving
a copy of the notice at the place of his or her usual abode with
some person of suitable age and discretion then resident
therein.
Every such administrator so notified, at his or her request
made in writing and filed with the president or chair, or secretary of the board of directors of the district within ten days
after receiving such notice, shall be given the opportunity to
meet informally with the board of directors in an executive
session thereof for the purpose of requesting the board to
reconsider the decision of the superintendent. Such board,
upon receipt of such request, shall schedule the meeting for
no later than the next regularly scheduled meeting of the
board, and shall notify the administrator in writing of the
date, time and place of the meeting at least three days prior
thereto. At such meeting the administrator shall be given the
opportunity to refute any facts upon which the determination
was based and to make any argument in support of his or her
request for reconsideration. The administrator and the board
may invite their respective legal counsel to be present and to
participate at the meeting. The board shall notify the administrator in writing of its final decision within ten days following its meeting with the administrator. No appeal to the
courts shall lie from the final decision of the board of directors to transfer an administrator to a subordinate certificated
position: PROVIDED, That in the case of principals such
transfer shall be made at the expiration of the contract year
and only during the first three consecutive school years of
employment as a principal by a school district; except that if
any such principal has been previously employed as a principal by another school district in the state of Washington for
three or more consecutive school years the provisions of this
section shall apply only to the first full school year of such
employment.
This section applies to any person employed as an
administrator by a school district on June 25, 1976, and to all
28A.405.230
[Title 28A RCW—page 205]
28A.405.240
Title 28A RCW: Common School Provisions
persons so employed at any time thereafter, except that RCW
28A.405.245 applies to persons first employed after June 10,
2010, as a principal by a school district meeting the criteria of
RCW 28A.405.245. This section provides the exclusive
means for transferring an administrator subject to this section
to a subordinate certificated position at the expiration of the
term of his or her employment contract. [2010 c 235 § 304;
2009 c 57 § 3; 1996 c 201 § 3; 1990 c 33 § 392; 1975-’76 2nd
ex.s. c 114 § 9. Formerly RCW 28A.67.073.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Effective date—2009 c 57: See note following RCW 28A.405.210.
Additional notes found at www.leg.wa.gov
28A.405.240 Conditions and contracts of employment—Supplemental contracts, when—Continuing contract provisions not applicable to. No certificated
employee shall be required to perform duties not described in
the contract unless a new or supplemental contract is made,
except that in an unexpected emergency the board of directors or school district administration may require the
employee to perform other reasonable duties on a temporary
basis.
No supplemental contract shall be subject to the continuing contract provisions of this title. [1990 c 33 § 393; 1985 c
341 § 15; 1969 ex.s. c 283 § 2. Formerly RCW 28A.67.074,
28.67.074.]
28A.405.240
RCW 28A.405.240 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
Additional notes found at www.leg.wa.gov
28A.405.245 Transfer of principal to subordinate
certificated position—Notice—Procedure. (1) Any certificated employee of a school district under this section who is
first employed as a principal after June 10, 2010, shall be subject to transfer as provided under this section, at the expiration of the term of his or her employment contract, to any
subordinate certificated position within the school district.
"Subordinate certificated position" as used in this section
means any administrative or nonadministrative certificated
position for which the annual compensation is less than the
position currently held by the administrator. This section
applies only to school districts with an annual average student enrollment of more than thirty-five thousand full-time
equivalent students.
(2) During the first three consecutive school years of
employment as a principal by the school district, or during
the first full school year of such employment in the case of a
principal who has been previously employed as a principal by
another school district in the state for three or more consecutive school years, the transfer of the principal to a subordinate
certificated position may be made by a determination of the
superintendent that the best interests of the school district
would be served by the transfer.
(3) Commencing with the fourth consecutive school year
of employment as a principal, or the second consecutive
school year of such employment in the case of a principal
who has been previously employed as a principal by another
school district in the state for three or more consecutive
school years, the transfer of the principal to a subordinate certificated position shall be based on the superintendent’s
28A.405.245
[Title 28A RCW—page 206]
determination that the results of the evaluation of the principal’s performance using the evaluative criteria and rating system established under RCW 28A.405.100 provide a valid
reason for the transfer without regard to whether there is
probable cause for the transfer. If a valid reason is shown, it
shall be deemed that the transfer is reasonably related to the
principal’s performance. No probationary period is required.
However, provision of support and an attempt at remediation
of the performance of the principal, as defined by the superintendent, are required for a determination by the superintendent under this subsection that the principal should be transferred to a subordinate certificated position.
(4) Any superintendent transferring a principal under
this section to a subordinate certificated position shall notify
that principal in writing on or before May 15th before the
beginning of the school year of that determination, or if the
omnibus appropriations act has not passed the legislature by
May 15th, then notification shall be no later than June 15th.
The notification shall state the reason or reasons for the transfer and shall identify the subordinate certificated position to
which the principal will be transferred. The notification shall
be served upon the principal personally, or by certified or
registered mail, or by leaving a copy of the notice at the place
of his or her usual abode with some person of suitable age and
discretion then resident therein.
(5) Any principal so notified may request to the president
or chair of the board of directors of the district, in writing and
within ten days after receiving notice, an opportunity to meet
informally with the board of directors in an executive session
for the purpose of requesting the board to reconsider the decision of the superintendent, and shall be given such opportunity. The board, upon receipt of such request, shall schedule
the meeting for no later than the next regularly scheduled
meeting of the board, and shall give the principal written
notice at least three days before the meeting of the date, time,
and place of the meeting. At the meeting the principal shall
be given the opportunity to refute any evidence upon which
the determination was based and to make any argument in
support of his or her request for reconsideration. The principal and the board may invite their respective legal counsel to
be present and to participate at the meeting. The board shall
notify the principal in writing of its final decision within ten
days following its meeting with the principal. No appeal to
the courts shall lie from the final decision of the board of
directors to transfer a principal to a subordinate certificated
position.
(6) This section provides the exclusive means for transferring a certificated employee first employed by a school
district under this section as a principal after June 10, 2010, to
a subordinate certificated position at the expiration of the
term of his or her employment contract. [2010 c 235 § 302.]
Finding—2010 c 235: "The legislature finds that the presence of highly
effective principals in schools has never been more important than it is today.
To enable students to meet high academic standards, principals must lead
and encourage teams of teachers and support staff to work together, align
curriculum and instruction, use student data to target instruction and intervention strategies, and serve as the chief school officer with parents and the
community. Greater responsibility should come with greater authority over
personnel, budgets, resource allocation, and programs. But greater responsibility also comes with greater accountability for outcomes. Washington is
putting into place an updated and rigorous system of evaluating principal
performance, one that will measure what matters. This system will never be
truly effective unless the results are meaningfully used." [2010 c 235 § 301.]
(2010 Ed.)
Certificated Employees
28A.405.250 Certificated employees, applicants for
certificated position, not to be discriminated against—
Right to inspect personnel file. The board of directors of
any school district, its employees or agents shall not discriminate in any way against any applicant for a certificated position or any certificated employee
(1) On account of his or her membership in any lawful
organization, or
(2) For the orderly exercise during off-school hours of
any rights guaranteed under the law to citizens generally, or
(3) For family relationship, except where covered by
chapter 42.23 RCW.
The school district personnel file on any certificated
employee in the possession of the district, its employees, or
agents shall not be withheld at any time from the inspection
of that employee. [1990 c 33 § 394; 1969 ex.s. c 34 § 21. Formerly RCW 28A.58.445.]
28A.405.250
Code of ethics for municipal officers—Contract interests: Chapter 42.23
RCW.
28A.405.260 Use of false academic credentials—Penalties. A person who issues or uses a false academic credential is subject to RCW 28B.85.220 and 9A.60.070. [2006 c
234 § 5.]
28A.405.260
HIRING AND DISCHARGE
28A.405.300 Adverse change in contract status of
certificated employee—Determination of probable
cause—Notice—Opportunity for hearing. In the event it is
determined that there is probable cause or causes for a
teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with the school
district, hereinafter referred to as "employee", to be discharged or otherwise adversely affected in his or her contract
status, such employee shall be notified in writing of that decision, which notification shall specify the probable cause or
causes for such action. Such determinations of probable
cause for certificated employees, other than the superintendent, shall be made by the superintendent. Such notices shall
be served upon that employee personally, or by certified or
registered mail, or by leaving a copy of the notice at the house
of his or her usual abode with some person of suitable age and
discretion then resident therein. Every such employee so
notified, at his or her request made in writing and filed with
the president, chair of the board or secretary of the board of
directors of the district within ten days after receiving such
notice, shall be granted opportunity for a hearing pursuant to
RCW 28A.405.310 to determine whether or not there is sufficient cause or causes for his or her discharge or other
adverse action against his or her contract status.
In the event any such notice or opportunity for hearing is
not timely given, or in the event cause for discharge or other
adverse action is not established by a preponderance of the
evidence at the hearing, such employee shall not be discharged or otherwise adversely affected in his or her contract
status for the causes stated in the original notice for the duration of his or her contract.
If such employee does not request a hearing as provided
herein, such employee may be discharged or otherwise
28A.405.300
(2010 Ed.)
28A.405.310
adversely affected as provided in the notice served upon the
employee.
Transfer to a subordinate certificated position as that
procedure is set forth in RCW 28A.405.230 or 28A.405.245
shall not be construed as a discharge or other adverse action
against contract status for the purposes of this section. [2010
c 235 § 305; 1990 c 33 § 395; 1975-’76 2nd ex.s. c 114 § 2;
1973 c 49 § 1; 1969 ex.s. c 34 § 13; 1969 ex.s. c 223 §
28A.58.450. Prior: 1961 c 241 § 2. Formerly RCW
28A.58.450, 28.58.450.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Savings—Severability-1975-’76 2nd ex.s. c 114: See notes following
RCW 28A.400.010.
Minimum criteria for the evaluation of certificated employees, including
administrators—Procedure—Scope—Models—Penalty: RCW
28A.405.100.
Transfer of administrator to subordinate certificated position—Procedure:
RCW 28A.405.230.
28A.405.310 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Hearings—Procedure. (1) Any employee receiving
a notice of probable cause for discharge or adverse effect in
contract status pursuant to RCW 28A.405.300, or any
employee, with the exception of provisional employees as
defined in RCW 28A.405.220, receiving a notice of probable
cause for nonrenewal of contract pursuant to RCW
28A.405.210, shall be granted the opportunity for a hearing
pursuant to this section.
(2) In any request for a hearing pursuant to RCW
28A.405.300 or 28A.405.210, the employee may request
either an open or closed hearing. The hearing shall be open or
closed as requested by the employee, but if the employee fails
to make such a request, the hearing officer may determine
whether the hearing shall be open or closed.
(3) The employee may engage counsel who shall be entitled to represent the employee at the prehearing conference
held pursuant to subsection (5) of this section and at all subsequent proceedings pursuant to this section. At the hearing
provided for by this section, the employee may produce such
witnesses as he or she may desire.
(4) In the event that an employee requests a hearing pursuant to RCW 28A.405.300 or 28A.405.210, a hearing
officer shall be appointed in the following manner: Within
fifteen days following the receipt of any such request the
board of directors of the district or its designee and the
employee or employee’s designee shall each appoint one
nominee. The two nominees shall jointly appoint a hearing
officer who shall be a member in good standing of the Washington state bar association or a person adhering to the arbitration standards established by the public employment relations commission and listed on its current roster of arbitrators. Should said nominees fail to agree as to who should be
appointed as the hearing officer, either the board of directors
or the employee, upon appropriate notice to the other party,
may apply to the presiding judge of the superior court for the
county in which the district is located for the appointment of
such hearing officer, whereupon such presiding judge shall
have the duty to appoint a hearing officer who shall, in the
judgment of such presiding judge, be qualified to fairly and
impartially discharge his or her duties. Nothing herein shall
28A.405.310
[Title 28A RCW—page 207]
28A.405.320
Title 28A RCW: Common School Provisions
preclude the board of directors and the employee from stipulating as to the identity of the hearing officer in which event
the foregoing procedures for the selection of the hearing
officer shall be inapplicable. The district shall pay all fees
and expenses of any hearing officer selected pursuant to this
subsection.
(5) Within five days following the selection of a hearing
officer pursuant to subsection (4) of this section, the hearing
officer shall schedule a prehearing conference to be held
within such five day period, unless the board of directors and
employee agree on another date convenient with the hearing
officer. The employee shall be given written notice of the
date, time, and place of such prehearing conference at least
three days prior to the date established for such conference.
(6) The hearing officer shall preside at any prehearing
conference scheduled pursuant to subsection (5) of this section and in connection therewith shall:
(a) Issue such subpoenas or subpoenas duces tecum as
either party may request at that time or thereafter; and
(b) Authorize the taking of prehearing depositions at the
request of either party at that time or thereafter; and
(c) Provide for such additional methods of discovery as
may be authorized by the civil rules applicable in the superior
courts of the state of Washington; and
(d) Establish the date for the commencement of the hearing, to be within ten days following the date of the prehearing
conference, unless the employee requests a continuance, in
which event the hearing officer shall give due consideration
to such request.
(7) The hearing officer shall preside at any hearing and
in connection therewith shall:
(a) Make rulings as to the admissibility of evidence pursuant to the rules of evidence applicable in the superior court
of the state of Washington.
(b) Make other appropriate rulings of law and procedure.
(c) Within ten days following the conclusion of the hearing transmit in writing to the board and to the employee, findings of fact and conclusions of law and final decision. If the
final decision is in favor of the employee, the employee shall
be restored to his or her employment position and shall be
awarded reasonable attorneys’ fees.
(8) Any final decision by the hearing officer to nonrenew
the employment contract of the employee, or to discharge the
employee, or to take other action adverse to the employee’s
contract status, as the case may be, shall be based solely upon
the cause or causes specified in the notice of probable cause
to the employee and shall be established by a preponderance
of the evidence at the hearing to be sufficient cause or causes
for such action.
(9) All subpoenas and prehearing discovery orders shall
be enforceable by and subject to the contempt and other
equity powers of the superior court of the county in which the
school district is located upon petition of any aggrieved party.
(10) A complete record shall be made of the hearing and
all orders and rulings of the hearing officer and school board.
[1990 c 33 § 396; 1987 c 375 § 1; 1977 ex.s. c 7 § 1; 1975-’76
2nd ex.s. c 114 § 5. Formerly RCW 28A.58.455.]
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 208]
28A.405.320 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Notice—Service—Filing—Contents. Any teacher, principal, supervisor, superintendent, or
other certificated employee, desiring to appeal from any
action or failure to act upon the part of a school board relating
to the discharge or other action adversely affecting his or her
contract status, or failure to renew that employee’s contract
for the next ensuing term, within thirty days after his or her
receipt of such decision or order, may serve upon the chair of
the school board and file with the clerk of the superior court
in the county in which the school district is located a notice of
appeal which shall set forth also in a clear and concise manner the errors complained of. [1990 c 33 § 397; 1969 ex.s. c
34 § 14; 1969 ex.s. c 223 § 28A.58.460. Prior: 1961 c 241 §
3. Formerly RCW 28A.58.460, 28.58.460.]
28A.405.320
28A.405.330 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Certification and filing with court
of transcript. The clerk of the superior court, within ten
days of receipt of the notice of appeal shall notify in writing
the chair of the school board of the taking of the appeal, and
within twenty days thereafter the school board shall at its
expense file the complete transcript of the evidence and the
papers and exhibits relating to the decision complained of, all
properly certified to be correct. [1990 c 33 § 398; 1969 ex.s.
c 223 § 28A.58.470. Prior: 1961 c 241 § 4. Formerly RCW
28A.58.470, 28.58.470.]
28A.405.330
28A.405.340 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Scope. Any appeal to the superior
court by an employee shall be heard by the superior court
without a jury. Such appeal shall be heard expeditiously. The
superior court’s review shall be confined to the verbatim
transcript of the hearing and the papers and exhibits admitted
into evidence at the hearing, except that in cases of alleged
irregularities in procedure not shown in the transcript or
exhibits and in cases of alleged abridgment of the employee’s
constitutional free speech rights, the court may take additional testimony on the alleged procedural irregularities or
abridgment of free speech rights. The court shall hear oral
argument and receive written briefs offered by the parties.
The court may affirm the decision of the board or hearing officer or remand the case for further proceedings; or it
may reverse the decision if the substantial rights of the
employee may have been prejudiced because the decision
was:
(1) In violation of constitutional provisions; or
(2) In excess of the statutory authority or jurisdiction of
the board or hearing officer; or
(3) Made upon unlawful procedure; or
(4) Affected by other error of law; or
(5) Clearly erroneous in view of the entire record as submitted and the public policy contained in the act of the legislature authorizing the decision or order; or
(6) Arbitrary or capricious. [1975-’76 2nd ex.s. c 114 §
6; 1969 ex.s. c 34 § 15; 1969 ex.s. c 223 § 28A.58.480. Prior:
1961 c 241 § 5. Formerly RCW 28A.58.480, 28.58.480.]
28A.405.340
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Certificated Employees
28A.405.350 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Costs, attorney’s fee and damages.
If the court enters judgment for the employee, and if the court
finds that the probable cause determination was made in bad
faith or upon insufficient legal grounds, the court in its discretion may award to the employee a reasonable attorneys’
fee for the preparation and trial of his or her appeal, together
with his or her taxable costs in the superior court. If the court
enters judgment for the employee, in addition to ordering the
school board to reinstate or issue a new contract to the
employee, the court may award damages for loss of compensation incurred by the employee by reason of the action of the
school district. [1990 c 33 § 399; 1975-’76 2nd ex.s. c 114 §
7; 1969 ex.s. c 34 § 16; 1969 ex.s. c 223 § 28A.58.490. Prior:
1961 c 241 § 6. Formerly RCW 28A.58.490, 28.58.490.]
28A.405.350
Additional notes found at www.leg.wa.gov
28A.405.360 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appellate review. Either party to the proceedings in
the superior court may seek appellate review of the decision
as any other civil action. [1988 c 202 § 26; 1971 c 81 § 71;
1969 ex.s. c 223 § 28A.58.500. Prior: 1961 c 241 § 7. Formerly RCW 28A.58.500, 28.58.500.]
28A.405.360
Additional notes found at www.leg.wa.gov
28A.405.415
funds shall be subject to superior court review pursuant to the
standards set forth in RCW 28A.405.340: PROVIDED FURTHER, That the provisions of RCW 28A.405.350 and
28A.405.360 shall be applicable thereto. [1990 c 33 § 401;
1975-’76 2nd ex.s. c 114 § 8; 1973 c 49 § 3; 1969 ex.s. c 34 §
18. Formerly RCW 28A.58.515.]
Additional notes found at www.leg.wa.gov
SALARY AND COMPENSATION
28A.405.400 Payroll deductions authorized for
employees. In addition to other deductions permitted by law,
any person authorized to disburse funds in payment of salaries or wages to employees of school districts, upon written
request of at least ten percent of the employees, shall make
deductions as they authorize, subject to the limitations of district equipment or personnel. Any person authorized to disburse funds shall not be required to make other deductions for
employees if fewer than ten percent of the employees make
the request for the same payee. Moneys so deducted shall be
paid or applied monthly by the school district for the purposes specified by the employee. The employer may not
derive any financial benefit from such deductions. A deduction authorized before July 28, 1991, shall be subject to the
law in effect at the time the deduction was authorized. [1991
c 116 § 18; 1972 ex.s. c 39 § 1. Formerly RCW 28A.67.095.]
28A.405.400
28A.405.370 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Other statutes not applicable. The
provisions of chapter 28A.645 RCW shall not be applicable
to RCW 28A.405.300 through 28A.405.360. [1990 c 33 §
400; 1969 ex.s. c 223 § 28A.58.510. Prior: 1961 c 241 § 8.
Formerly RCW 28A.58.510, 28.58.510.]
28A.405.410 Payroll deductions authorized for certificated employees —Savin gs . No th ing in R CW
28A.405.400 shall be construed to annul or modify any lawful agreement heretofore entered into between any school
district and any representative of its employees or other existing lawful agreements and obligations in effect on May 23,
1972. [1990 c 33 § 402; 1972 ex.s. c 39 § 2. Formerly RCW
28A.67.096.]
28A.405.380 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Direct judicial appeal, when. In the
event that an employee, with the exception of a provisional
employee as defined in RCW 28A.405.220, receives a notice
of probable cause pursuant to RCW 28A.405.300 or
28A.405.210 stating that by reason of a lack of sufficient
funds or loss of levy election the employment contract of
such employee should not be renewed for the next ensuing
school term or that the same should be adversely affected, the
employee may appeal any said probable cause determination
directly to the superior court of the county in which the
school district is located. Such appeal shall be perfected by
serving upon the secretary of the school board and filing with
the clerk of the superior court a notice of appeal within ten
days after receiving the probable cause notice. The notice of
appeal shall set forth in a clear and concise manner the action
appealed from. The superior court shall determine whether or
not there was sufficient cause for the action as specified in the
probable cause notice, which cause must be proven by a preponderance of the evidence, and shall base its determination
solely upon the cause or causes stated in the notice of the
employee. The appeal provided in this section shall be tried
as an ordinary civil action: PROVIDED, That the board of
directors’ determination of priorities for the expenditure of
28A.405.415 Bonuses—National board for professional standards certification. (1) Certificated instructional
staff who have attained certification from the national board
for professional teaching standards shall receive a bonus each
year in which they maintain the certification. The bonus shall
be calculated as follows: The annual bonus shall be five
thousand dollars in the 2007-08 school year. Thereafter, the
annual bonus shall increase by inflation. For the 2009-10 and
2010-11 school years the annual bonus shall be subject to the
availability of amounts appropriated for this purpose. During
the 2011-2013 and 2013-2015 fiscal biennia, in addition to
annual adjustments for inflation, the bonus amount shall be
additionally increased such that, by the end of the 2014-15
school year, national board bonus amounts are, at a minimum, equal to what they would have been if annual adjustments for inflation had not been suspended during the 200910 or 2010-11 school year.
(2) Certificated instructional staff who have attained certification from the national board for professional teaching
standards shall be eligible for bonuses in addition to that provided by subsection (1) of this section if the individual is in
an instructional assignment in a school in which at least seventy percent of the students qualify for the free and reducedprice lunch program.
28A.405.370
28A.405.410
28A.405.380
(2010 Ed.)
28A.405.415
[Title 28A RCW—page 209]
28A.405.460
Title 28A RCW: Common School Provisions
(3) The amount of the additional bonus under subsection
(2) of this section for those meeting the qualifications of subsection (2) of this section is five thousand dollars.
(4) The bonuses provided under this section are in addition to compensation received under a district’s salary schedule adopted in accordance with RCW 28A.405.200 and shall
not be included in calculations of a district’s average salary
and associated salary limitations under RCW 28A.400.200.
(5) The bonuses provided under this section shall be paid
in a lump sum amount. [2009 c 539 § 6; 2008 c 175 § 2; 2007
c 398 § 2.]
Effective date—2009 c 539: See note following RCW 28A.655.200.
Findings—2007 c 398: "The legislature finds and declares:
(1) The national board for professional teaching standards has established high and rigorous standards for what highly accomplished teachers
should know and be able to do in order to increase student learning results;
(2) The national board certifies teachers who meet these standards
through a rigorous, performance-based assessment process;
(3) A certificate awarded by the national board attests that a teacher has
met high and rigorous standards and has demonstrated the ability to make
sound professional judgments about how to best meet students’ learning
needs and effectively help students meet challenging academic standards;
and
(4) Teachers who attain national board certification should be acknowledged and rewarded in order to encourage more teachers to pursue certification for the benefit of Washington students." [2007 c 398 § 1.]
MISCELLANEOUS PROVISIONS
28A.405.460 Lunch period for certificated employees. All certificated employees of school districts shall be
allowed a reasonable lunch period of not less than thirty continuous minutes per day during the regular school lunch periods and during which they shall have no assigned duties:
PROVIDED, That local districts may work out other arrangements with the consent of all affected parties. [1995 c 335 §
702; 1991 c 116 § 15; 1969 ex.s. c 223 § 28A.58.275. Prior:
1965 c 18 § 1. Formerly RCW 28A.58.275, 28.58.275.]
28A.405.460
Additional notes found at www.leg.wa.gov
28A.405.465 Use of classified personnel to supervise
in noninstructional activities. Any school district may
employ classified personnel to supervise school children in
noninstructional activities, and in instructional activities
while under the supervision of a certificated employee.
[1997 c 13 § 13; 1991 c 116 § 16.]
28A.405.465
28A.405.466 Presence of certificated personnel at
schools before and after school—Policy. Each school district board of directors shall adopt a policy regarding the presence at their respective schools of teachers and other certificated personnel before the opening of school in the morning
and after the closing of school in the afternoon or evening.
The board of directors shall make the policy available to parents and the public through the school district report card and
other means of communication. [2006 c 263 § 902.]
28A.405.466
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
ery of salary or compensation by district. The school district shall immediately terminate the employment of any person whose certificate or permit authorized under chapter
28A.405 or 28A.410 RCW is subject to revocation under
RCW 28A.410.090(3) upon a guilty plea or conviction of any
felony crime specified under RCW 28A.400.322. Employment shall remain terminated unless the employee successfully prevails on appeal. A school district board of directors
is entitled to recover from the employee any salary or other
compensation that may have been paid to the employee for
the period between such time as the employee was placed on
administrative leave, based upon criminal charges that the
employee committed a felony crime specified under RCW
28A.400.322, and the time termination becomes final. This
section shall only apply to employees holding a certificate or
permit who have contact with children during the course of
their employment. [2009 c 396 § 4; 1990 c 33 § 405; 1989 c
320 § 5. Formerly RCW 28A.58.1003.]
Additional notes found at www.leg.wa.gov
28A.405.475
28A.405.475 Termination of certificated employee
based on guilty plea or conviction of certain felonies—
Notice to superintendent of public instruction—Record of
notices. (1) A school district superintendent shall immediately notify the office of the superintendent of public instruction when the district terminates the employment contract of
a certificated employee on the basis of a guilty plea or a conviction of any felony cr ime specif ied under RCW
28A.400.322.
(2) The office of the superintendent of public instruction
shall maintain a record of the notices received under this section.
(3) This section applies only to employees holding a certificate or permit authorized under this chapter or chapter
28A.410 RCW who have contact with children during the
course of employment. [2009 c 396 § 9.]
28A.405.900
28A.405.900 Certain certificated employees exempt
from chapter provisions. Certificated employees subject to
the provisions of RCW 28A.310.250, 28A.405.100,
28A.405.210, and 28A.405.220 shall not include those certificated employees hired to replace certificated employees who
have been granted sabbatical, regular, or other leave by
school districts, and shall not include retirees hired for postretirement employment under the provisions of chapter 10,
Laws of 2001 2nd sp. sess.
It is not the intention of the legislature that this section
apply to any regularly hired certificated employee or that the
legal or constitutional rights of such employee be limited,
abridged, or abrogated. [2002 c 26 § 1; 2001 2nd sp.s. c 10 §
2; 1990 c 33 § 404; 1972 ex.s. c 142 § 3. Formerly RCW
28A.67.900.]
TERMINATION OF CERTIFICATED STAFF
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
28A.405.470 Crimes against children—Mandatory
termination of certificated employees—Appeal—Recov-
Postretirement employment under the teachers’ retirement system: RCW
41.32.570.
28A.405.470
[Title 28A RCW—page 210]
(2010 Ed.)
Certification
Chapter 28A.410
Chapter 28A.410 RCW
CERTIFICATION
Sections
28A.410.010 Certification—Duty of professional educator standards
board—Rules—Record check—Lapsed certificates—
Superintendent of public instruction as administrator.
28A.410.025 Qualifications—Certificate or permit required.
28A.410.032 Qualifications—Teachers of visually impaired—Rules.
28A.410.035 Qualifications—Coursework on issues of abuse.
28A.410.040 Initial-level certificates.
28A.410.043 School counselor certification.
28A.410.045 First peoples’ language, culture, and oral tribal traditions
teacher certification program—Established—Rules.
28A.410.050 Baccalaureate and master’s degree equivalency requirements
for vocational instructors—Rules.
28A.410.060 Fee for certification—Disposition.
28A.410.070 Registration of certificates.
28A.410.080 School year—For certification or qualification purposes.
28A.410.090 Revocation or suspension of certificate or permit to teach—
Criminal basis—Complaints—Investigation—Process.
28A.410.095 Violation or noncompliance—Investigatory powers of superintendent of public instruction—Requirements for investigation of alleged sexual misconduct towards a child—
Court orders—Contempt—Written findings required.
28A.410.100 Revocation of authority to teach—Hearings.
28A.410.105 Certificate or permit suspension—Nonpayment or default on
educational loan or scholarship.
28A.410.106 Certificate or permit suspension—Noncompliance with support order—Reissuance.
28A.410.108 Reporting disciplinary actions to national clearinghouse.
28A.410.110 Limitation on reinstatement after revocation—Reinstatement
prohibited for certain felony crimes.
28A.410.120 Professional certification not required of superintendents or
deputy or assistant superintendents.
28A.410.200 Washington professional educator standards board—Creation—Membership—Executive director.
28A.410.210 Washington professional educator standards board—Purpose—Powers and duties.
28A.410.212 Washington professional educator standards board—Duties.
28A.410.220 Washington professional educator standards board—Performance standards and professional-level certification
assessment—Basic skills assessment—Assessment of
subject knowledge—Administration of section—Rulemaking authority.
28A.410.225 Washington professional educator standards board—
Endorsement requirements—Teachers of deaf and hard of
hearing students.
28A.410.230 Washington professional educator standards board—Review
of proposed assessments before implementation.
28A.410.240 Washington professional educator standards board—
Reports.
28A.410.250 Washington professional educator standards board—Professional certification—Rules.
28A.410.260 Washington professional educator standards board—Model
standards for cultural competency—Recommendations.
28A.410.270 Washington professional educator standards board—Performance standards—Certification levels—Teacher effectiveness evaluations—Update—Proposal—Recommendation—Requirements for professional certificate and residency teaching certificate.
28A.410.280 Evidence-based assessment of teaching effectiveness—
Teacher preparation program requirement.
28A.410.290 Teacher and administrator preparation program approval
standards—Community college and nonhigher education
provider programs—Alternative route program inclusion.
28A.410.300 Review of district and educator workforce data.
28A.410.010 Certification—Duty of professional
educator standards board—Rules—Record check—
Lapsed certificates—Superintendent of public instruction as administrator. The Washington professional educator standards board shall establish, publish, and enforce rules
determining eligibility for and certification of personnel
employed in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board
shall deem proper or as otherwise prescribed by law. The
28A.410.010
(2010 Ed.)
28A.410.035
rules shall require that the initial application for certification
shall require a record check of the applicant through the
Washington state patrol criminal identification system and
through the federal bureau of investigation at the applicant’s
expense. The record check shall include a fingerprint check
using a complete Washington state criminal identification
fingerprint card. The superintendent of public instruction
may waive the record check for any applicant who has had a
record check within the two years before application. The
rules shall permit a holder of a lapsed certificate but not a
revoked or suspended certificate to be employed on a conditional basis by a school district with the requirement that the
holder must complete any certificate renewal requirements
established by the state board of education within two years
of initial reemployment.
In establishing rules pertaining to the qualifications of
instructors of American sign language the board shall consult
with the national association of the deaf, "sign instructors
guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors.
The superintendent of public instruction shall act as the
administrator of any such rules and have the power to issue
any certificates or permits and revoke the same in accordance
with board rules. [2005 c 497 § 203; 2001 c 263 § 1. Prior:
1992 c 159 § 3; 1992 c 60 § 2; prior: 1988 c 172 § 3; 1988 c
97 § 1; 1987 c 486 § 8; 1975-’76 2nd ex.s. c 92 § 2; 1969 ex.s.
c 223 § 28A.70.005. Formerly RCW 28A.70.005.]
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Findings—1992 c 159: See note following RCW 28A.400.303.
Additional notes found at www.leg.wa.gov
28A.410.025 Qualifications—Certificate or permit
required. No person shall be accounted as a qualified
teacher within the meaning of the school law who is not the
holder of a valid teacher’s certificate or permit issued by lawful authority of this state. [1969 ex.s. c 223 § 28A.67.010.
Prior: 1909 c 97 p 306 § 1; RRS § 4844; prior: 1907 c 240 §
6; 1897 c 118 § 51; 1891 c 127 § 14; 1890 p 369 § 37; 1886
p 18 § 47; 1873 p 430 § 15. Formerly RCW 28A.405.010,
28A.67.010, 28.67.010.]
28A.410.025
28A.410.032 Qualifications—Teachers of visually
impaired—Rules. Teachers of visually impaired students
shall be qualified according to rules adopted by the professional educator standards board. [2005 c 497 § 220; 1996 c
135 § 4.]
28A.410.032
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Findings—1996 c 135: See note following RCW 28A.155.105.
28A.410.035 Qualifications—Coursework on issues
of abuse. To receive initial certification as a teacher in this
state after August 31, 1991, an applicant shall have successfully completed a course on issues of abuse. The content of
the course shall discuss the identification of physical, emotional, sexual, and substance abuse, information on the
impact of abuse on the behavior and learning abilities of students, discussion of the responsibilities of a teacher to report
28A.410.035
[Title 28A RCW—page 211]
28A.410.040
Title 28A RCW: Common School Provisions
abuse or provide assistance to students who are the victims of
abuse, and methods for teaching students about abuse of all
types and their prevention. [1990 c 90 § 1. Formerly RCW
28A.405.025.]
28A.410.040 Initial-level certificates. The Washington professional educator standards board shall adopt rules
providing that, except as provided in this section, all individuals qualifying for an initial-level teaching certificate after
August 31, 1992, shall possess a baccalaureate degree in the
arts, sciences, and/ or humanities and have fulfilled the
requirements for teacher certification pursuant to RCW
28A.410.210. However, candidates for grades preschool
through eight certificates shall have fulfilled the requirements
for a major as part of their baccalaureate degree. If the major
is in early childhood education, elementary education, or special education, the candidate must have at least thirty quarter
hours or twenty semester hours in one academic field. [2005
c 497 § 204; 1992 c 141 § 101; 1990 c 33 § 406. Prior: 1989
c 402 § 1; 1989 c 29 § 1; 1987 c 525 § 212. Formerly RCW
28A.70.040.]
28A.410.040
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Findings—1992 c 141: "The legislature finds that the educational
needs of students when they leave the public school system has [have]
increased dramatically in the past two decades. If young people are to prosper in our democracy and if our nation is to grow economically, it is imperative that the overall level of learning achieved by students be significantly
increased.
To achieve this higher level of learning, the legislature finds that the
state of Washington needs to develop a performance-based school system.
Instead of maintaining burdensome state accountability laws and rules that
dictate educational offerings, the state needs to hold schools accountable for
their performance based on what their students learn.
The legislature further finds moving toward a performance-based
accountability system will require repealing state laws and rules that inhibit
the freedom of school boards and professional educators to carry out their
work, and also will require that significantly more decisions be made at the
school district and school building levels. In addition, it will be necessary to
set high expectations for students, to identify what is expected of all students,
and to develop a rigorous academic assessment system to determine if these
expectations have been achieved.
The legislature further finds that the governor’s council on education
reform and funding will, by December 1992, identify broad student learning
goals. Subject to decisions made by the 1993 legislature, the legislature
finds that it is critical that an organization be established to continue the
council’s work in identifying necessary student skills and knowledge, to
develop student assessment and school accountability systems, and to take
other steps necessary to develop a performance-based education system.
The legislature further finds that there is a need for high quality professional development as the state implements a performance-based system.
Professional development must be available to schools and school districts to
maintain quality control and to assure access to proven research on effective
teaching." [1992 c 141 § 1.]
Intent—1987 c 525 §§ 201-233: "The legislature intends to enhance
the education of the state’s youth by improving the quality of teaching. The
legislature intends to establish a framework for teacher and principal preparation programs and to recognize teaching as a profession.
The legislature finds that the quality of teacher preparation programs is
enhanced when a planned, sequenced approach is used that provides for the
application of practice to academic course work.
The legislature supports better integration of the elements of teacher
preparation programs including knowledge of subject matter, teaching methods, and actual teaching experiences.
The legislature finds that establishing: (1) A teaching internship program; (2) a post-baccalaureate program resulting in a master’s degree; (3)
stronger requirements for earning principal credentials; and (4) a review of
the preparation standards for school principals and educational staff associates are appropriate next steps in enhancing the quality of educational personnel in Washington." [1987 c 525 § 201.]
[Title 28A RCW—page 212]
Additional notes found at www.leg.wa.gov
28A.410.043 School counselor certification. A school
counselor is a professional educator who holds a valid school
counselor certification as defined by the professional educator standards board. The purpose and role of the school counselor is to plan, organize, and deliver a comprehensive school
guidance and counseling program that personalizes education
and supports, promotes, and enhances the academic, personal, social, and career development of all students, based
on the national standards for school counseling programs of
the American school counselor association. [2007 c 175 § 2.]
28A.410.043
Findings—Intent—2007 c 175: "The legislature finds that the professional school counselor is a certificated educator with unique qualifications
and skills to address all students’ academic, personal, social, and career
development needs. School counselors serve a vital role in maximizing student achievement, supporting a safe learning environment, and addressing
the needs of all students through prevention and intervention programs that
are part of a comprehensive school counseling program. The legislature further finds that current state statutes fail to mention anything about school
counselors. Therefore, the legislature intends to codify into law the importance and the role of school counselors in public schools." [2007 c 175 § 1.]
28A.410.045 First peoples’ language, culture, and
oral tribal traditions teacher certification program—
Established—Rules. (1) The Washington state first peoples’ language, culture, and oral tribal traditions teacher certification program is established. The professional educator
standards board shall adopt rules to implement the program
in collaboration with the sovereign tribal governments whose
traditional lands and territories lie within the borders of the
state of Washington, including the tribal leader congress on
education and the first peoples’ language and culture committee. The collaboration required under this section shall be
defined by a protocol for cogovernance in first peoples’ language, culture, and oral tribal traditions education developed
by the professional educator standards board, the office of the
superintendent of public instruction, and the sovereign tribal
governments whose traditional lands and territories lie within
the borders of the state of Washington.
(2) Any sovereign tribal government whose traditional
lands and territories lie within the borders of the state of
Washington may participate individually on a governmentto-government basis in the program.
(3) Under the first peoples’ language, culture, and oral
tribal traditions teacher certification program:
(a) Only a participating sovereign tribal government may
certify individuals who meet the tribe’s criteria for certification as a teacher in the Washington state first peoples’ language, culture, and oral tribal traditions teacher certification
program. Tribal law enforcement agencies and the Washington state patrol shall enter into government-to-government
negotiations regarding the exchange of background information on applicants for certification. The office of the superintendent of public instruction shall not authorize or accept a
certificate or endorsement in Washington state first peoples’
language, culture, and oral tribal traditions without certification from a participating sovereign tribal government and
without conducting a record check of an individual applying
for certification as required under RCW 28A.410.010;
(b) For each teacher to be certified in the program, the
participating sovereign tribal government shall submit infor28A.410.045
(2010 Ed.)
Certification
mation and documentation necessary for the issuance of a
state certificate, as defined by rule, to the office of the superintendent of public instruction;
(c) A Washington state first peoples’ language, culture,
and oral tribal traditions teacher certificate serves as a subject
area endorsement in first peoples’ language, culture, and oral
tribal traditions. The holder of a Washington state first peoples’ language, culture, and oral tribal traditions teacher certificate who does not also hold an initial, residency, continuing, or professional teaching certificate authorized by the professional educator standards board may be assigned to teach
only the languages, cultures, and oral tribal traditions designated on the certificate and no other subject;
(d) In order to teach first peoples’ language, culture, and
oral tribal traditions, teachers must hold certificates from
both the office of the superintendent of public instruction and
from the sovereign tribal government; and
(e) The holder of a Washington state first peoples’ language, culture, and oral tribal traditions teacher certificate
meets Washington state’s definition of a highly qualified
teacher under the no child left behind act of 2001 (P.L. 107110) for the purposes of teaching first peoples’ language, culture, and oral tribal traditions, subject to approval by the
United States department of education.
(4) First peoples’ language/culture teacher certificates
issued before July 22, 2007, under rules approved by the state
board of education or the professional educator standards
board under a pilot program remain valid as certificates under
this section, subject to the provisions of this chapter.
(5) Schools and school districts on or near tribal reservations are encouraged to contract with sovereign tribal governments whose traditional lands and territories lie within the
borders of the state of Washington and with first peoples’ language, culture, and oral tribal traditions teacher certification
programs for in-service teacher training and continuing education in the culture and history appropriate for their geographic area, as well as suggested pedagogy and instructional
strategies. [2007 c 319 § 2.]
Findings—2007 c 319: "The legislature finds that:
(1) Teaching first peoples’ languages, cultures, and oral tribal traditions is a critical factor in fostering successful educational experiences and
promoting cultural sensitivity for all students. Experience shows that such
teaching dramatically raises student achievement and that the effect is particularly strong for Native American students;
(2) Native American students have the highest high school dropout rate
among all groups of students. Less than one-fourth of Native American students in the class of 2008 are on track to graduate based on the results of the
Washington assessment of student learning. Positive and supportive educational experiences are critical for the success of Native American students;
(3) The sole expertise of sovereign tribal governments whose traditional lands and territories lie within the borders of the state of Washington
in the transmission of their indigenous languages, heritage, cultural knowledge, histories, customs, and traditions should be honored;
(4) Government-to-government collaboration between the state and the
sovereign tribal governments whose traditional lands and territories lie
within the borders of the state of Washington serves to implement the spirit
of the 1989 centennial accord and other similar government-to-government
agreements, including the 2004 accord between the federally recognized
Indian tribes with treaty reserved rights in the state of Washington;
(5) Establishing a first peoples’ language, culture, and oral tribal traditions teacher certification program both achieves educational objectives and
models effective government-to-government relationships;
(6) Establishing a first peoples’ language, culture, and oral tribal traditions certification program implements the following policy objectives of the
federal Native American languages act of 1990 (P.L. 101-477) in a tangible
way:
(2010 Ed.)
28A.410.060
(a) To preserve, protect, and promote the rights and freedom of Native
Americans to use, practice, and develop Native American languages;
(b) To allow exceptions to teacher certification requirements for federal programs and programs funded in whole or in part by the federal government, for instruction in Native American languages when such teacher certification requirements hinder the employment of qualified teachers who teach
in Native American languages, and to encourage state and territorial governments to make similar exceptions;
(c) To encourage and support the use of Native American languages as
a medium of instruction in order to encourage and support Native American
language survival, educational opportunity, increased student success and
performance, increased student awareness and knowledge of their culture
and history, and increased student and community pride;
(d) To encourage state and local education programs to work with
Native American parents, educators, Indian tribes, and other Native American governing bodies in the implementation of programs to put this policy
into effect; and
(e) To encourage all institutions of elementary, secondary, and higher
education, where appropriate, to include Native American languages in the
curriculum in the same manner as foreign languages and to grant proficiency
in Native American languages the same full academic credit as proficiency
in foreign languages;
(7) Establishing a first peoples’ language, culture, and oral tribal traditions certification program is consistent with the intent of presidential executive order number 13336 from 2004, entitled "American Indian and Alaska
native education," to assist students in meeting the challenging student academic standards of the no child left behind act of 2001 (P.L. 107-110) in a
manner that is consistent with tribal traditions, languages, and cultures."
[2007 c 319 § 1.]
Short title—2007 c 319: "This act may be known and cited as the "First
peoples’ language, culture, and oral tribal traditions teacher certification act:
Honoring our ancestors."" [2007 c 319 § 4.]
28A.410.050 Baccalaureate and master’s degree
equivalency requirements for vocational instructors—
Rules. The Washington professional educator standards
board shall develop and adopt rules establishing baccalaureate and master’s degree equivalency standards for vocational
instructors performing instructional duties and acquiring certification after August 31, 1992. [2005 c 497 § 205; 1992 c
141 § 102; 1989 c 29 § 2; 1987 c 525 § 215. Formerly RCW
28A.70.042.]
28A.410.050
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Intent—Short title—1987 c 525 §§ 202-233: See notes following
RCW 28A.410.040.
Additional notes found at www.leg.wa.gov
28A.410.060 Fee for certification—Disposition. The
fee for any certificate, or any renewal thereof, issued by the
authority of the state of Washington, and authorizing the
holder to teach or perform other professional duties in the
public schools of the state shall be not less than one dollar or
such reasonable fee therefor as the Washington professional
educator standards board by rule shall deem necessary therefor. The fee must accompany the application and cannot be
refunded unless the application is withdrawn before it is
finally considered. The educational service district superintendent, or other official authorized to receive such fee, shall
within thirty days transmit the same to the treasurer of the
county in which the office of the educational service district
superintendent is located, to be by him or her placed to the
credit of said school district or educational service district:
PROVIDED, That if any school district collecting fees for the
certification of professional staff does not hold a professional
28A.410.060
[Title 28A RCW—page 213]
28A.410.070
Title 28A RCW: Common School Provisions
training institute separate from the educational service district then all such moneys shall be placed to the credit of the
educational service district.
Such fees shall be used solely for the purpose of precertification professional preparation, program evaluation, professional in-service training programs, and provision of certification services by educational service districts, in accordance with rules of the Washington professional educator
standards board herein authorized. [2008 c 107 § 1; 2005 c
497 § 206; 1990 c 33 § 407; 1975-’76 2nd ex.s. c 92 § 3;
1975-’76 2nd ex.s. c 15 § 17. Prior: 1975 1st ex.s. c 275 §
134; 1975 1st ex.s. c 192 § 1; 1969 ex.s. c 176 § 144; 1969
ex.s. c 223 § 28A.70.110; prior: 1965 c 139 § 20; 1909 c 97
p 336 § 3; RRS § 4968; prior: 1897 c 118 § 142. Formerly
RCW 28A.70.110, 28.70.110, 28.70.120.]
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Additional notes found at www.leg.wa.gov
28A.410.070 Registration of certificates. (1) All certificates issued by the superintendent of public instruction
shall be valid and entitle the holder thereof to employment in
any school district of the state upon being registered by the
school district if designated to do so by the school district,
which fact shall be evidenced on the certificate in the words,
"Registered for use in . . . . . . district," together with the date
of registry, and an official signature of the person registering
the same: PROVIDED, That a copy of the original certificate
duly certified by the superintendent of public instruction may
be used for the purpose of registry and endorsement in lieu of
the original.
(2) The superintendent of public instruction may accept
applications for educator certification that are submitted
using an electronic signature from the applicant. [2007 c 401
§ 7; 1983 c 56 § 12; 1975-’76 2nd ex.s. c 92 § 4; 1975 1st
ex.s. c 275 § 135; 1971 c 48 § 50; 1969 ex.s. c 223 §
28A.70.130. Prior: 1909 c 97 p 338 § 11; RRS § 4976; prior:
1897 c 118 § 147. Formerly RCW 28A.70.130, 28.70.130.]
28A.410.070
Findings—2007 c 401: See note following RCW 28A.300.500.
Additional notes found at www.leg.wa.gov
28A.410.080 School year—For certification or qualification purposes. The school year for all matters pertaining
to teacher certification or for computing experience in teaching shall consist of not fewer than one hundred eighty school
days. [1969 ex.s. c 223 § 28A.01.025. Prior: 1909 c 97 p 262
§ 3, part; RRS § 4687, part; prior: 1903 c 104 § 22, part. Formerly RCW 28A.01.025, 28.01.010, part.]
28A.410.080
28A.410.090 Revocation or suspension of certificate
or permit to teach—Criminal basis—Complaints—Investigation—Process. (1)(a) Any certificate or permit authorized under the provisions of this chapter, chapter 28A.405
RCW, or rules promulgated thereunder may be revoked or
suspended by the authority authorized to grant the same
based upon a criminal records report authorized by law, or
upon the complaint of any school district superintendent,
educational service district superintendent, or private school
administrator for immorality, violation of written contract,
unprofessional conduct, intemperance, or crime against the
28A.410.090
[Title 28A RCW—page 214]
law of the state. School district superintendents, educational
service district superintendents, or private school administrators may file a complaint concerning any certificated
employee of a school district, educational service district, or
private school and this filing authority is not limited to
employees of the complaining superintendent or administrator. Such written complaint shall state the grounds and summarize the factual basis upon which a determination has been
made that an investigation by the superintendent of public
instruction is warranted.
(b) If the superintendent of public instruction has reasonable cause to believe that an alleged violation of this chapter
or rules adopted under it has occurred based on a written
complaint alleging physical abuse or sexual misconduct by a
certificated school employee filed by a parent or another person, but no complaint has been forwarded to the superintendent by a school district superintendent, educational service
district superintendent, or private school administrator, and
that a school district superintendent, educational service district superintendent, or private school administrator has sufficient notice of the alleged violation and opportunity to file a
complaint, the superintendent of public instruction may cause
an investigation to be made of the alleged violation, together
with such other matters that may be disclosed in the course of
the investigation related to certificated personnel.
(2) A parent or another person may file a written complaint with the superintendent of public instruction alleging
physical abuse or sexual misconduct by a certificated school
employee if:
(a) The parent or other person has already filed a written
complaint with the educational service district superintendent
concerning that employee;
(b) The educational service district superintendent has
not caused an investigation of the allegations and has not forwarded the complaint to the superintendent of public instruction for investigation; and
(c) The written complaint states the grounds and factual
basis upon which the parent or other person believes an
investigation should be conducted.
(3)(a) Any such certificate or permit authorized under
this chapter or chapter 28A.405 RCW shall be revoked by the
authority authorized to grant the certificate upon a guilty plea
or the conviction of any felony crime specified under RCW
28A.400.322, in accordance with this section. The person
whose certificate is in question shall be given an opportunity
to be heard.
(b) Mandatory permanent revocation upon a guilty plea
or the conviction of felony crimes specified under RCW
28A.400.322(1) shall apply to such convictions or guilty
pleas which occur after July 23, 1989, and before July 26,
2009.
(c) Mandatory permanent revocation upon a guilty plea
or conviction of felony crimes specified under RCW
28A.400.322(2) shall apply to such convictions or guilty
pleas that occur on or after July 26, 2009.
(d) Revocation of any certificate or permit authorized
under this chapter or chapter 28A.405 RCW for a guilty plea
or criminal conviction of a crime specified under RCW
28A.400.322 occurring prior to July 23, 1989, shall be subject to the provisions of subsection (1) of this section.
(2010 Ed.)
Certification
(4)(a) Any such certificate or permit authorized under
this chapter or chapter 28A.405 RCW shall be suspended or
revoked, according to the provisions of this subsection, by
the authority authorized to grant the certificate upon a finding
that an employee has engaged in an unauthorized use of
school equipment to intentionally access material depicting
sexually explicit conduct or has intentionally possessed on
school grounds any material depicting sexually explicit conduct; except for material used in conjunction with established
curriculum. A first time violation of this subsection shall
result in either suspension or revocation of the employee’s
certificate or permit as determined by the office of the superintendent of public instruction. A second violation shall
result in a mandatory revocation of the certificate or permit.
(b) In all cases under this subsection (4), the person
whose certificate is in question shall be given an opportunity
to be heard and has the right to appeal as established in
*RCW 28A.410.100. Certificates or permits shall be suspended or revoked under this subsection only if findings are
made on or after July 24, 2005. For the purposes of this subsection, "sexually explicit conduct" has the same definition as
provided in RCW 9.68A.011.
(5) Any such certificate or permit authorized under this
chapter or chapter 28A.405 RCW shall be revoked by the
authority authorized to grant the certificate upon a finding
that the certificate holder obtained the certificate through
fraudulent means, including fraudulent misrepresentation of
required academic credentials or prior criminal record. In all
cases under this subsection, the person whose certificate is in
question shall be given an opportunity to be heard and has the
right to appeal as established in *RCW 28A.410.100. Certificates or permits shall be revoked under this subsection only
if findings are made on or after July 26, 2009. [2009 c 396 §
5; 2005 c 461 § 2; 2004 c 134 § 2; 1996 c 126 § 2; 1992 c 159
§ 4; 1990 c 33 § 408; 1989 c 320 § 1; 1975 1st ex.s. c 275 §
137; 1974 ex.s. c 55 § 2; 1971 c 48 § 51; 1969 ex.s. c 223 §
28A.70.160. Prior: 1909 c 97 p 345 § 1; RRS § 4992; prior:
1897 c 118 § 148. Formerly RCW 28A.70.160, 28.70.160.]
*Reviser’s note: The right to appeal was eliminated from RCW
28A.410.100 by 2009 c 531 § 3.
Findings—1992 c 159: See note following RCW 28A.400.303.
Notification of conviction or guilty plea of certain felony crimes: RCW
43.43.845.
Additional notes found at www.leg.wa.gov
28A.410.095 Violation or noncompliance—Investigatory powers of superintendent of public instruction—
Requirements for investigation of alleged sexual misconduct towards a child—Court orders—Contempt—Written findings required. (1) The superintendent of public
instruction may initiate and conduct investigations as may be
reasonably necessary to establish the existence of any alleged
violations of or noncompliance with this chapter or any rules
adopted under it. For the purpose of any investigation or proceeding under this chapter, the superintendent or any officer
designated by the superintendent may administer oaths and
affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any
books, papers, correspondence, memoranda, agreements, or
other documents or records that the superintendent deems relevant and material to the inquiry.
28A.410.095
(2010 Ed.)
28A.410.100
(2) Investigations conducted by the superintendent of
public instruction concerning alleged sexual misconduct
towards a child shall be completed within one year of the initiation of the investigation or within thirty days of the completion of all proceedings, including court proceedings,
resulting from an investigation conducted by law enforcement or child protective services if there is such an investigation. The superintendent of public instruction may take, for
reasonable cause, additional time for completion of the investigation after informing the victim, the individual being
investigated, and the school district that employs the individual being investigated of the reasons additional time is
needed and the amount of additional time needed. Written
notification must be provided to each of the parties who must
be informed. The sole remedy for a failure to complete an
investigation of sexual misconduct within the time allowed
by this subsection is a civil penalty of fifty dollars per day for
each day beyond the allowed time.
(3) If any person fails to obey a subpoena or obeys a subpoena but refuses to give evidence, any court of competent
jurisdiction, upon application by the superintendent, may
issue to that person an order requiring him or her to appear
before the court and to show cause why he or she should not
be compelled to obey the subpoena, and give evidence material to the matter under investigation. The failure to obey an
order of the court may be punishable as contempt.
(4) Once an investigation has been initiated by the superintendent of public instruction, the investigation shall be
completed regardless of whether the individual being investigated has resigned his or her position or allowed his or her
teaching certificate to lapse. The superintendent shall make a
written finding regarding each investigation indicating the
actions taken, including a statement of the reasons why a
complaint was dismissed or did not warrant further investigation or action by the superintendent, and shall provide such
notice to each person who filed the complaint. Written findings under this section are subject to public disclosure under
chapter 42.56 RCW.
(5) An investigation into sexual or physical abuse of a
student by a school employee shall only be initiated by the
superintendent of public instruction after the superintendent
of public instruction verifies that the incident has been
reported to the proper law enforcement agency or the department of social and health services as required under RCW
26.44.030. [2005 c 274 § 245; 2004 c 134 § 1; 1992 c 159 §
5.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Findings—1992 c 159: See note following RCW 28A.400.303.
28A.410.100 Revocation of authority to teach—
Hearings. Any teacher whose certificate to teach has been
questioned under RCW 28A.410.090 shall have a right to be
heard by the issuing authority before his or her certificate is
revoked. [2009 c 531 § 3; 2005 c 497 § 207; 1992 c 159 § 6;
1990 c 33 § 409; 1975 1st ex.s. c 275 § 138; 1971 c 48 § 52;
1969 ex.s. c 223 § 28A.70.170. Prior: 1909 c 97 p 346 § 3;
RRS § 4994. Formerly RCW 28A.70.170, 28.70.170.]
28A.410.100
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Findings—1992 c 159: See note following RCW 28A.400.303.
[Title 28A RCW—page 215]
28A.410.105
Title 28A RCW: Common School Provisions
Additional notes found at www.leg.wa.gov
28A.410.105
28A.410.105 Certificate or permit suspension—Nonpayment or default on educational loan or scholarship.
The authorizing authority shall suspend the certificate or permit of any person who has been certified by a lending agency
and reported to the authorizing authority for nonpayment or
default on a federally or state-guaranteed educational loan or
service-conditional scholarship. Prior to the suspension, the
agency must provide the person an opportunity for a brief
adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional scholarship. The person’s certificate or permit shall
not be reissued until the person provides the authorizing
authority a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending
agency. If the person has continued to meet all other requirements for certification or permit during the suspension, reinstatement shall be automatic upon receipt of the notice and
payment of any reinstatement fee the authorizing authority
may impose. [1996 c 293 § 27.]
Additional notes found at www.leg.wa.gov
28A.410.106
28A.410.106 Certificate or permit suspension—Noncompliance with support order—Reissuance. Any certificate or permit authorized under this chapter or chapter
28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if the department of
social and health services certifies that the person is not in
compliance with a support order or a *residential or visitation
order as provided in RCW 74.20A.320. If the person continues to meet other requirements for reinstatement during the
suspension, reissuance of the certificate or permit shall be
automatic after the person provides the authority a release
issued by the department of social and health services stating
that the person is in compliance with the order. [1997 c 58 §
842.]
*Reviser’s note: 1997 c 58 § 886 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Additional notes found at www.leg.wa.gov
28A.410.108
28A.410.108 Reporting disciplinary actions to
national clearinghouse. For the purposes of reporting disciplinary actions taken against certificated staff to other states
via a national database used by the office of the superintendent of public instruction, the following actions shall be
reported: Suspension, surrender, revocation, denial, stayed
suspension, reinstatement, and any written reprimand related
to abuse and sexual misconduct. These actions will only be
reported to the extent that they are accepted by the national
clearinghouse, but if there are categories not included, the
office of the superintendent of public instruction shall seek
[Title 28A RCW—page 216]
modification to the national clearinghouse format. [2004 c
29 § 4.]
Findings—2004 c 29: See note following RCW 28A.400.301.
28A.410.110 Limitation on reinstatement after revocation—Reinstatement prohibited for certain felony
crimes. In case any certificate or permit authorized under
this chapter or chapter 28A.405 RCW is revoked, the holder
shall not be eligible to receive another certificate or permit
for a period of twelve months after the date of revocation.
However, if the certificate or permit authorized under this
chapter or chapter 28A.405 RCW was revoked because of a
guilty plea or the conviction of a felony crime specified under
RCW 28A.400.322, the certificate or permit shall not be reinstated. [2009 c 396 § 6; 1990 c 33 § 410; 1989 c 320 § 2;
1969 ex.s. c 223 § 28A.70.180. Prior: 1909 c 97 p 346 § 2;
RRS § 4993. Formerly RCW 28A.70.180, 28.70.180.]
28A.410.110
Additional notes found at www.leg.wa.gov
28A.410.120 Professional certification not required
of superintendents or deputy or assistant superintendents. Notwithstanding any other provision of this title, the
Washington professional educator standards board or superintendent of public instruction shall not require any professional certification or other qualifications of any person
elected superintendent of a local school district by that district’s board of directors, or any person hired in any manner
to fill a position designated as, or which is, in fact, deputy
superintendent, or assistant superintendent. [2005 c 497 §
208; 1990 c 33 § 411; 1975 1st ex.s. c 254 § 3. Formerly
RCW 28A.02.260.]
28A.410.120
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Additional notes found at www.leg.wa.gov
28A.410.200 Washington professional educator standards board—Creation—Membership—Executive director. (1)(a) The Washington professional educator standards
board is created, consisting of twelve members to be
appointed by the governor to four-year terms and the superintendent of public instruction. On August 1, 2009, the board
shall be reduced to twelve members.
(b) Vacancies on the board shall be filled by appointment
or reappointment by the governor to terms of four years.
(c) No person may serve as a member of the board for
more than two consecutive full four-year terms.
(d) The governor shall biennially appoint the chair of the
board. No board member may serve as chair for more than
four consecutive years.
(2) A majority of the members of the board shall be
active practitioners with the majority being classroom based.
Membership on the board shall include individuals having
one or more of the following:
(a) Experience in one or more of the education roles for
which state preparation program approval is required and certificates issued;
(b) Experience providing or leading a state-approved
teacher or educator preparation program;
(c) Experience providing mentoring and coaching to
education professionals or others; and
28A.410.200
(2010 Ed.)
Certification
(d) Education-related community experience.
(3) In appointing board members, the governor shall
consider the individual’s commitment to quality education
and the ongoing improvement of instruction, experiences in
the public schools or private schools, involvement in developing quality teaching preparation and support programs, and
vision for the most effective yet practical system of assuring
teaching quality. The governor shall also consider the diversity of the population of the state.
(4) All appointments to the board made by the governor
are subject to confirmation by the senate.
(5) Each member of the board shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses incurred in carrying out the duties of the
board in accordance with RCW 43.03.050 and 43.03.060.
(6) The governor may remove a member of the board for
neglect of duty, misconduct, malfeasance or misfeasance in
office, or for incompetency or unprofessional conduct as
defined in chapter 18.130 RCW. In such a case, the governor
shall file with the secretary of state a statement of the causes
for and the order of removal from office, and the secretary of
state shall send a certified copy of the statement of causes and
order of removal to the last known post office address of the
member.
(7) Members of the board shall hire an executive director
and an administrative assistant to reside in the office of the
superintendent of public instruction for administrative purposes only.
(8) Members of the board may create informal advisory
groups as needed to inform the board’s work. [2009 c 531 §
2; 2005 c 497 § 202; 2003 1st sp.s. c 22 § 1; 2002 c 92 § 1;
2000 c 39 § 102.]
Effective date—2009 c 531 § 2: "Section 2 of this act takes effect
August 1, 2009." [2009 c 531 § 5.]
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Findings—2000 c 39: "The legislature finds and declares:
(1) Creation of a public body whose focus is educator quality would be
likely to bring greater focus and attention to the profession;
(2) Professional educator standards boards are consumer protection
boards, establishing assessment policies to ensure the public that its new
practitioners have the knowledge to be competent;
(3) The highest possible standards for all educators are essential in
ensuring attainment of high academic standards by all students;
(4) Teacher assessment for certification can guard against admission to
the teaching profession of persons who have not demonstrated that they are
knowledgeable in the subjects they will be assigned to teach; and
(5) Teacher assessment for certification should be implemented as an
additional element to the system of teacher preparation and certification."
[2000 c 39 § 101.]
Part headings and section captions not law—2000 c 39: "Part headings and section captions used in this act are not any part of the law." [2000
c 39 § 301.]
Joint report to the legislature: RCW 28A.305.035.
28A.410.210 Washington professional educator standards board—Purpose—Powers and duties. The purpose
of the professional educator standards board is to establish
policies and requirements for the preparation and certification of educators that provide standards for competency in
professional knowledge and practice in the areas of certification; a foundation of skills, knowledge, and attitudes necessary to help students with diverse needs, abilities, cultural
experiences, and learning styles meet or exceed the learning
28A.410.210
(2010 Ed.)
28A.410.210
goals outlined in RCW 28A.150.210; knowledge of researchbased practice; and professional development throughout a
career. The Washington professional educator standards
board shall:
(1) Establish policies and practices for the approval of
programs of courses, requirements, and other activities leading to educator certification including teacher, school administrator, and educational staff associate certification;
(2) Establish policies and practices for the approval of
the character of work required to be performed as a condition
of entrance to and graduation from any educator preparation
program including teacher, school administrator, and educational staff associate preparation program as provided in subsection (1) of this section;
(3) Establish a list of accredited institutions of higher
education of this and other states whose graduates may be
awarded educator certificates as teacher, school administrator, and educational staff associate and establish criteria and
enter into agreements with other states to acquire reciprocal
approval of educator preparation programs and certification,
including teacher certification from the national board for
professional teaching standards;
(4) Establish policies for approval of nontraditional educator preparation programs;
(5) Conduct a review of educator program approval standards at least every five years, beginning in 2006, to reflect
research findings and assure continued improvement of preparation programs for teachers, administrators, and school specialized personnel;
(6) Specify the types and kinds of educator certificates to
be issued and conditions for certification in accordance with
subsection (1) of this section and RCW 28A.410.010;
(7) Apply for and receive federal or other funds on behalf
of the state for purposes related to the duties of the board;
(8) Adopt rules under chapter 34.05 RCW that are necessary for the effective and efficient implementation of this
chapter;
(9) Maintain data concerning educator preparation programs and their quality, educator certification, educator
employment trends and needs, and other data deemed relevant by the board;
(10) Serve as an advisory body to the superintendent of
public instruction on issues related to educator recruitment,
hiring, mentoring and support, professional growth, retention, educator evaluation including but not limited to peer
evaluation, and revocation and suspension of licensure;
(11) Submit, by October 15th of each even-numbered
year, a joint report with the state board of education to the
legislative education committees, the governor, and the
superintendent of public instruction. The report shall address
the progress the boards have made and the obstacles they
have encountered, individually and collectively, in the work
of achieving the goals set out in RCW 28A.150.210;
(12) Establish the prospective teacher assessment system
for basic skills and subject knowledge that shall be required
to obtain residency certification pursuant to RCW
28A.410.220 through 28A.410.240;
(13) By January 2010, set performance standards and
develop, pilot, and implement a uniform and externally
administered professional-level certification assessment
based on demonstrated teaching skill. In the development of
[Title 28A RCW—page 217]
28A.410.212
Title 28A RCW: Common School Provisions
this assessment, consideration shall be given to changes in
professional certification program components such as the
culminating seminar; and
(14) Conduct meetings under the provisions of chapter
42.30 RCW. [2009 c 531 § 4; 2008 c 176 § 1; 2005 c 497 §
201; 2000 c 39 § 103.]
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
28A.410.212 Washington professional educator standards board—Duties. The professional educator standards
board shall:
(1) Develop and maintain a research base of educator
preparation best practices;
(2) Develop and coordinate initiatives for educator preparation in high-demand fields as well as outreach and recruitment initiatives for underrepresented populations;
(3) Provide program improvement technical assistance
to providers of educator preparation programs;
(4) Assure educator preparation program compliance;
and
(5) Prepare and maintain a cohesive educator development policy framework. [2009 c 531 § 1.]
28A.410.212
28A.410.220 Washington professional educator standards board—Performance standards and professionallevel certification assessment—Basic skills assessment—
Assessment of subject knowledge—Administration of section—Rule-making authority. (1)(a) Beginning not later
than September 1, 2001, the Washington professional educator standards board shall make available and pilot a means of
assessing an applicant’s knowledge in the basic skills. For
the purposes of this section, "basic skills" means the subjects
of at least reading, writing, and mathematics. Beginning September 1, 2002, except as provided in (c) of this subsection
and subsection (4) of this section, passing this assessment
shall be required for admission to approved teacher preparation programs and for persons from out-of-state applying for
a Washington state residency teaching certificate.
(b) On an individual student basis, approved teacher
preparation programs may admit into their programs a candidate who has not achieved the minimum basic skills assessment score established by the Washington professional educator standards board. Individuals so admitted may not
receive residency certification without passing the basic
skills assessment under this section.
(c) The Washington professional educator standards
board may establish criteria to ensure that persons from outof-state who are applying for residency certification and persons applying to master’s degree level teacher preparation
programs can demonstrate to the board’s satisfaction that
they have the requisite basic skills based upon having completed another basic skills assessment acceptable to the
Washington professional educator standards board or by
some other alternative approved by the Washington professional educator standards board.
(2) The professional educator standards board shall set
performance standards and develop, pilot, and implement a
uniform and externally administered professional-level certi28A.410.220
[Title 28A RCW—page 218]
fication assessment based on demonstrated teaching skill. In
the development of this assessment, consideration shall be
given to changes in professional certification program components such as the culminating seminar.
(3) Beginning not later than September 1, 2002, the
Washington professional educator standards board shall provide for the initial piloting and implementation of a means of
assessing an applicant’s knowledge in the subjects for which
the applicant has applied for an endorsement to his or her residency or professional teaching certificate. The assessment
of subject knowledge shall not include instructional methodology. Beginning September 1, 2005, passing this assessment shall be required to receive an endorsement for certification purposes.
(4) The Washington professional educator standards
board may permit exceptions from the assessment requirements under subsections (1), (2), and (3) of this section on a
case-by-case basis.
(5) The Washington professional educator standards
board shall provide for reasonable accommodations for individuals who are required to take the assessments in subsection (1), (2), or (3) of this section if the individuals have
learning or other disabilities.
(6) With the exception of applicants exempt from the
requirements of subsections (1), (2), and (3) of this section,
an applicant must achieve a minimum assessment score or
scores established by the Washington professional educator
standards board on each of the assessments under subsections
(1), (2), and (3) of this section.
(7) The Washington professional educator standards
board and superintendent of public instruction, as determined
by the Washington professional educator standards board,
may contract with one or more third parties for:
(a) The development, purchase, administration, scoring,
and reporting of scores of the assessments established by the
Washington professional educator standards board under
subsections (1), (2), and (3) of this section;
(b) Related clerical and administrative activities; or
(c) Any combination of the purposes in this subsection.
(8) Applicants for admission to a Washington teacher
preparation program and applicants for residency and professional certificates who are required to successfully complete
one or more of the assessments under subsections (1), (2),
and (3) of this section, and who are charged a fee for the
assessment by a third party contracted with under subsection
(7) of this section, shall pay the fee charged by the contractor
directly to the contractor. Such fees shall be reasonably
related to the actual costs of the contractor in providing the
assessment.
(9) The superintendent of public instruction is responsible for supervision and providing support services to administer this section.
(10) The Washington professional educator standards
board shall collaboratively select or develop and implement
the assessments and minimum assessment scores required
under this section with the superintendent of public instruction and shall provide opportunities for representatives of
other interested educational organizations to participate in the
selection or development and implementation of such assessments in a manner deemed appropriate by the Washington
professional educator standards board.
(2010 Ed.)
Certification
(11) The Washington professional educator standards
board shall adopt rules under chapter 34.05 RCW that are
reasonably necessary for the effective and efficient implementation of this section. [2008 c 176 § 2; 2002 c 92 § 2;
2000 c 39 § 201.]
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
28A.410.225 Washington professional educator standards board—Endorsement requirements—Teachers of
deaf and hard of hearing students. The agency responsible
for teacher certification shall develop certification endorsement requirements for teachers of deaf and hard of hearing
students. The endorsement shall be focused on the specific
skills and knowledge necessary to serve the education and
communication needs of deaf and hard of hearing students.
In establishing rules for the endorsement of teachers who will
be working almost exclusively with students who are deaf or
hard of hearing, the agency shall consider applicants to have
met state endorsement requirements if they possess a baccalaureate or master’s degree in deaf education from a teacher
training program approved by the council on education of the
deaf. [2005 c 493 § 2.]
28A.410.225
Findings—Intent—2005 c 493: "The legislature finds that the quality
of education for children who are deaf or hard of hearing and the expectations for those children’s achievement should be equivalent to those for children throughout the state. The legislature also finds that deaf and hard of
hearing children can benefit greatly if they are taught by an educator who is
trained to understand the learning and communication issues the children
face. Educators who received teacher training in a program for the deaf and
hard of hearing are sensitive to the needs of deaf and hard of hearing students
and are able to provide appropriate strategies to assist students in reacting to
and interacting with their environment. The legislature intends to assist
school districts in their efforts to attract teachers who are especially trained
to work with deaf and hard of hearing students by directing the state board of
education to establish a certification endorsement for teachers of the deaf and
hard of hearing." [2005 c 493 § 1.]
28A.410.230 Washington professional educator standards board—Review of proposed assessments before
implementation. The Washington professional educator
standards board shall report the proposed assessments to the
legislative education committees for review and comment
prior to implementing the assessments by contractual agreement with the selected vendor or vendors. [2000 c 39 § 202.]
28A.410.230
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
28A.410.240 Washington professional educator standards board—Reports. (1) By December 1, 2003, and
annually thereafter, the Washington professional educator
standards board shall prepare a report that includes the following information:
(a) The range of scores on the basic skills assessment
under RCW 28A.410.220(1) for persons who passed the
assessment and were admitted to a Washington preparation
program; and
(b) The range of scores on the subject assessments under
*RCW 28A.410.220(2) for persons who passed the assessments and earned an endorsement.
(2) The information under subsection (1) of this section
shall be reported for the individual public and private colleges and universities in Washington, as well as reported on
28A.410.240
(2010 Ed.)
28A.410.250
an aggregate basis. The report shall also include results disaggregated demographically. The report shall include information on the number and percentage of candidates exempted
from assessments, demographic information on candidates
exempted, institutions attended and endorsements sought by
exempted candidates, and reasons for exclusion from the
required assessments. The report shall be made available
through the state library, on the web site of the office of
superintendent of public instruction, and placed on the legislative alert list. [2000 c 39 § 203.]
*Reviser’s note: RCW 28A.410.220 was amended by 2008 c 176 § 2,
changing subsection (2) to subsection (3).
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
28A.410.250 Washington professional educator standards board—Professional certification—Rules. The
agency responsible for educator certification shall adopt rules
for professional certification that:
(1) Provide maximum program choice for applicants,
promote portability among programs, and promote maximum
efficiency for applicants in attaining professional certification;
(2) Require professional certification no earlier than the
fifth year following the year that the teacher first completes
provisional status, with an automatic two-year extension
upon enrollment;
(3) Grant professional certification to any teacher who
attains certification from the national board for professional
teaching standards;
(4) Permit any teacher currently enrolled in or participating in a program leading to professional certification to continue the program under administrative rules in place when
the teacher began the program;
(5) Provide criteria for the approval of educational service districts, beginning no later than August 31, 2007, to
offer programs leading to professional certification. The
rules shall be written to encourage institutions of higher education and educational service districts to partner with local
school districts or consortia of school districts, as appropriate, to provide instruction for teachers seeking professional
certification;
(6) Encourage institutions of higher education to offer
professional certificate coursework as continuing education
credit hours. This shall not prevent an institution of higher
education from providing the option of including the professional certification requirements as part of a master’s degree
program;
(7) Provide criteria for a liaison relationship between
approved programs and school districts in which applicants
are employed;
(8) Identify an expedited professional certification process for out-of-state teachers who have five years or more of
successful teaching experience to demonstrate skills and
impact on student learning commensurate with Washington
requirements for professional certification. The rules may
require these teachers, within one year of the time they begin
to teach in the state’s public schools, take a course in or show
evidence that they can teach to the state’s essential academic
learning requirements; and
28A.410.250
[Title 28A RCW—page 219]
28A.410.260
Title 28A RCW: Common School Provisions
(9) Identify an evaluation process of approved programs
that includes a review of the program coursework and applicant coursework load requirements, linkages of programs to
individual teacher professional growth plans, linkages to
school district and school improvement plans, and, to the
extent possible, linkages to school district professional
enrichment and growth programs for teachers, where such
programs are in place in school districts. The agency shall
provide a preliminary report on the evaluation process to the
senate and house of representatives committees on education
policy by November 1, 2005. The board shall identify:
(a) A process for awarding conditional approval of a program that shall include annual evaluations of the program
until the program is awarded full approval;
(b) A less intensive evaluation cycle every three years
once a program receives full approval unless the responsible
agency has reason to intensify the evaluation;
(c) A method for investigating programs that have
received numerous complaints from students enrolled in the
program and from those recently completing the program;
(d) A method for investigating programs at the reasonable discretion of the agency; and
(e) A method for using, in the evaluation, both program
completer satisfaction responses and data on the impact of
educators who have obtained professional certification on
student work and achievement. [2005 c 498 § 2.]
Intent—2005 c 498: "The legislature recognizes the importance of
ongoing professional development and growth for teachers with the goal of
improving student achievement. It is the intent of the legislature to ensure
that professional certification is administered in such a way as to ensure that
the professional development and growth of individual teachers is directly
aligned to their current and future teaching responsibilities as professional
educators." [2005 c 498 § 1.]
28A.410.260 Washington professional educator standards board—Model standards for cultural competency—Recommendations. (1) The professional educator
standards board, in consultation and collaboration with the
achievement gap oversight and accountability committee
established under RCW 28A.300.136, shall identify a list of
model standards for cultural competency and make recommendations to the education committees of the legislature on
the strengths and weaknesses of those standards.
(2) For the purposes of this section, "cultural competency" includes knowledge of student cultural histories and
contexts, as well as family norms and values in different cultures; knowledge and skills in accessing community
resources and community and parent outreach; and skills in
adapting instruction to students’ experiences and identifying
cultural contexts for individual students. [2009 c 468 § 5.]
28A.410.260
F ind ing s— Inte nt— 20 09 c 46 8: See n ot e fol l ow i ng RC W
28A.300.136.
28A.410.270 Washington professional educator standards board—Performance standards—Certification
levels—Teacher effectiveness evaluations—Update—
Proposal—Recommendation—Requirements for professional certificate and residency teaching certificate. (1)(a)
By January 1, 2010, the professional educator standards
board shall adopt a set of articulated teacher knowledge, skill,
and performance standards for effective teaching that are evidence-based, measurable, meaningful, and documented in
28A.410.270
[Title 28A RCW—page 220]
high quality research as being associated with improved student learning. The standards shall be calibrated for each level
of certification and along the entire career continuum. In
developing the standards, the board shall, to the extent possible, incorporate standards for cultural competency along the
entire continuum. For the purposes of this subsection, "cultural competency" includes knowledge of student cultural
histories and contexts, as well as family norms and values in
different cultures; knowledge and skills in accessing community resources and community and parent outreach; and skills
in adapting instruction to students’ experiences and identifying cultural contexts for individual students.
(b) By January 1, 2010, the professional educator standards board shall adopt a definition of master teacher, with a
comparable level of increased competency between professional certification level and master level as between professional certification level and national board certification.
Within the definition established by the professional educator
standards board, teachers certified through the national board
for professional teaching standards shall be considered master teachers.
(2) By January 1, 2010, the professional educator standards board shall submit to the governor and the education
and fiscal committees of the legislature:
(a) An update on the status of implementation of the professional certificate external and uniform assessment authorized in *RCW 28A.410.210;
(b) A proposal for a uniform, statewide, valid, and reliable classroom-based means of evaluating teacher effectiveness as a culminating measure at the preservice level that is to
be used during the student-teaching field experience. This
assessment shall include multiple measures of teacher performance in classrooms, evidence of positive impact on student
learning, and shall include review of artifacts, such as use of
a variety of assessment and instructional strategies, and student work. The proposal shall establish a timeline for when
the assessment will be required for successful completion of
a Washington state-approved teacher preparation program.
The timeline shall take into account the capacity of the K-12
education and higher education systems to accommodate the
new assessment. The proposal and timeline shall also
address how the assessment will be included in state-reported
data on preparation program quality; and
(c) A recommendation on the length of time that a residency certificate issued to a teacher is valid and within what
time period a teacher must meet the minimum level of performance for and receive a professional certificate in order to
continue being certified as a teacher. In developing this recommendation, the professional educator standards board
shall consult with interested stakeholders including the
Washington education association, the Washington association of school administrators, association of Washington
school principals, and the Washington state school directors’
association and shall include with its recommendation a
description of each stakeholder’s comments on the recommendation.
(3) The update and proposal in subsection (2)(a) and (b)
of this section shall include, at a minimum, descriptions of:
(a) Estimated costs and statutory authority needed for
further development and implementation of these assessments;
(2010 Ed.)
Institutes, Workshops, and Training
(b) A common and standardized rubric for determining
whether a teacher meets the minimum level of performance
of the assessments; and
(c) Administration and management of the assessments.
(4) To the extent that funds are appropriated for this purpose and in accordance with the timeline established in subsection (2) of this section, recognizing the capacity limitations of the education systems, the professional educator
standards board shall develop the system and process as
established in subsections (1), (2), and (3) of this section
throughout the remainder of the 2010-11 and 2011-12 school
years.
(5) Beginning no earlier than September 1, 2011, award
of a professional certificate shall be based on a minimum of
two years of successful teaching experience as defined by the
board and on the results of the evaluation authorized under
**RCW 28A.410.210(14) and under this section, and may
not require candidates to enroll in a professional certification
program.
(6) Beginning July 1, 2011, educator preparation programs approved to offer the residency teaching certificate
shall be required to demonstrate how the program produces
effective teachers as evidenced by the measures established
under this section and other criteria established by the professional educator standards board. [2009 c 548 § 402.]
Reviser’s note: *(1) RCW 28A.410.210(12) refers to a "uniform and
externally administered professional-level certification assessment."
**(2) RCW 28A.410.210 was amended by 2009 c 531 § 4, changing
subsection (14) to subsection (13).
Finding—2009 c 548: "The legislature recognizes that the key to providing all students the opportunity to achieve the basic education goal is
effective teaching and leadership. Teachers, principals, and administrators
must be provided with access to the opportunities they need to gain the
knowledge and skills that will enable them to be increasingly successful in
their classroom and schools. A system that clearly defines, supports, measures, and recognizes effective teaching and leadership is one of the most
important investments to be made." [2009 c 548 § 401.]
Intent—2009 c 548: See note following RCW 28A.150.198.
Chapter 28A.415
(c) Any combination of the purposes of this subsection
(2).
(3) Candidates for residency certification who are
required to successfully complete the assessment under this
section, and who are charged a fee for the assessment by a
third party contracted with under this section, shall pay the
fee charged by the contractor directly to the contractor. Such
fees shall be reasonably related to the actual costs of the contractor in providing the assessment. [2010 c 235 § 501.]
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.410.290 Teacher and administrator preparation
program approval standards—Community college and
nonhigher education provider programs—Alternative
route program inclusion. (1) By September 30, 2010, the
professional educator standards board shall review and revise
teacher and administrator preparation program approval standards and proposal review procedures at the residency certificate level to ensure they are rigorous and appropriate standards for an expanded range of potential providers, including
community college and nonhigher education providers. All
approved providers must adhere to the same standards and
comply with the same requirements.
(2) Beginning September 30, 2010, the professional educator standards board must accept proposals for community
college and nonhigher education providers of educator preparation programs. Proposals must be processed and considered by the board as expeditiously as possible.
(3) By September 1, 2011, all professional educator standards board-approved residency teacher preparation programs at institutions of higher education as defined in RCW
28B.10.016 not currently a partner in an alternative route program approved by the professional educator standards board
must submit to the board a proposal to offer one or more of
the alternative route programs that meet the requirements of
RCW 28A.660.020 and 28A.660.040. [2010 c 235 § 502.]
28A.410.290
Finding—2010 c 235: See note following RCW 28A.405.245.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.410.300 Review of district and educator workforce data. Beginning with the 2010 school year and annually thereafter, each educational service district, in cooperation with the professional educator standards board, must
convene representatives from school districts within that
region and professional educator standards board-approved
educator preparation programs to review district and regional
educator workforce data, make biennial projections of certificate staffing needs, and identify how recruitment and enrollment plans in educator preparation programs reflect projected
need. [2010 c 235 § 506.]
28A.410.300
28A.410.280 Evidence-based assessment of teaching
effectiveness—Teacher preparation program requirement. (1) Beginning with the 2011-12 school year, all professional educator standards board-approved teacher preparation programs must administer to all preservice candidates
the evidence-based assessment of teaching effectiveness
adopted by the professional educator standards board. The
professional educator standards board shall adopt rules that
establish a date during the 2012-13 school year after which
candidates completing teacher preparation programs must
successfully pass this assessment. Assessment results from
persons completing each preparation program must be
reported annually by the professional educator standards
board to the governor and the education and fiscal committees of the legislature by December 1st.
(2) The professional educator standards board and the
superintendent of public instruction, as determined by the
board, may contract with one or more third parties for:
(a) The administration, scoring, and reporting of scores
of the assessment under this section;
(b) Related clerical and administrative activities; or
28A.410.280
(2010 Ed.)
Finding—2010 c 235: See note following RCW 28A.405.245.
Chapter 28A.415 RCW
INSTITUTES, WORKSHOPS, AND TRAINING
Chapter 28A.415
(Formerly: Teachers’ institutes, workshops, and other in-service training)
Sections
28A.415.010 Center for improvement of teaching—Improvement of teaching coordinating council—Teachers’ institutes and workshops.
28A.415.020 Credit on salary schedule for approved in-service training,
continuing education, and internship.
[Title 28A RCW—page 221]
28A.415.010
Title 28A RCW: Common School Provisions
28A.415.023 Credit on salary schedule for approved in-service training,
continuing education, or internship—Course content—
Rules.
28A.415.024 Credit on salary schedule—Accredited institutions—Verification—Penalty for submitting credits from unaccredited
institutions.
28A.415.025 Internship clock hours—Rules.
28A.415.030 In-Service Training Act of 1977—Purpose.
28A.415.040 In-Service Training Act of 1977—Administration of funds—
Rules—Requirements for local districts—In-service training task force.
28A.415.060 Credits for educational staff associates to fulfill continuing
education requirements.
28A.415.250 Teacher assistance program—Provision for mentor teachers.
28A.415.260 Pilot program using full-time mentor teachers.
28A.415.270 Principal internship support program.
28A.415.280 Superintendent and program administrator internship support
program.
28A.415.300 Rules.
28A.415.310 Paraprofessional training program.
28A.415.315 Classified instructional assistants—Training.
28A.415.330 Professional development institutes—Managing disruptive
students.
28A.415.340 State leadership academy—Public-private partnership—
Reports.
28A.415.350 Professional development learning opportunities—Partnerships.
28A.415.360 Learning improvement days—Eligibility—Reports.
28A.415.370 Recruiting Washington teachers program.
28A.415.380 Mathematics and science instructional coach program—
Evaluation—Reports.
28A.415.010 Center for improvement of teaching—
Improvement of teaching coordinating council—Teachers’ institutes and workshops. It shall be the responsibility
of each educational service district board to establish a center
for the improvement of teaching. The center shall administer, coordinate, and act as fiscal agent for such programs
related to the recruitment and training of certificated and classified K-12 education personnel as may be delegated to the
center by the superintendent of public instruction under RCW
28A.310.470. To assist in these activities, each educational
service district board shall establish an improvement of
teaching coordinating council to include, at a minimum, representatives as specified in RCW 28A.415.040. An existing
in-service training task force, established pursuant to RCW
28A.415.040, may serve as the improvement of teaching
coordinating council. The educational service district board
shall ensure coordination of programs established pursuant to
RCW 28A.415.030, 28A.410.060, and 28A.415.250.
The educational service district board may arrange each
year for the holding of one or more teachers’ institutes and/or
workshops for professional staff preparation and in-service
training in such manner and at such time as the board believes
will be of benefit to the teachers and other professional staff
of school districts within the educational service district and
shall comply with rules of the professional educator standards board pursuant to RCW 28A.410.060 or the superintendent of public instruction pursuant to RCW 28A.415.250.
The board may provide such additional means of teacher and
other professional staff preparation and in-service training as
it may deem necessary or appropriate and there shall be a
proper charge against the educational service district general
expense fund when approved by the educational service district board.
Educational service district boards of contiguous educational service districts, by mutual arrangements, may hold
joint institutes and/or workshops, the expenses to be shared in
proportion to the numbers of certificated personnel as shown
28A.415.010
[Title 28A RCW—page 222]
by the last annual reports of the educational service districts
holding such joint institutes or workshops.
In local school districts employing more than one hundred teachers and other professional staff, the school district
superintendent may hold a teachers’ institute of one or more
days in such district, said institute when so held by the school
district superintendent to be in all respects governed by the
provisions of this title and rules relating to teachers’ institutes
held by educational service district superintendents. [2006 c
263 § 807; 1991 c 285 § 1; 1990 c 33 § 414; 1975-’76 2nd
ex.s. c 15 § 18. Prior: 1975 1st ex.s. c 275 § 139; 1975 1st
ex.s. c 192 § 2; 1971 ex.s. c 282 § 31; 1969 ex.s. c 176 § 146;
1969 ex.s. c 223 § 28A.71.100; prior: 1965 c 139 § 21. Formerly RCW 28A.71.100, 28.71.100.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Transitional bilingual instruction program—In-service training: RCW
28A.180.040(1)(f).
Additional notes found at www.leg.wa.gov
28A.415.020 Credit on salary schedule for approved
in-service training, continuing education, and internship.
(1) Certificated personnel shall receive for each ten clock
hours of approved in-service training attended the equivalent
of a one credit college quarter course on the salary schedule
developed by the legislative evaluation and accountability
program committee.
(2) Certificated personnel shall receive for each ten clock
hours of approved continuing education earned, as continuing education is defined by rule adopted by the professional
educator standards board, the equivalent of a one credit college quarter course on the salary schedule developed by the
legislative evaluation and accountability program committee.
(3) Certificated personnel shall receive for each forty
clock hours of participation in an approved internship with a
business, an industry, or government, as an internship is
defined by rule of the professional educator standards board
in accordance with RCW 28A.415.025, the equivalent of a
one credit college quarter course on the salary schedule
developed by the legislative evaluation and accountability
program committee.
(4) An approved in-service training program shall be a
program approved by a school district board of directors,
which meet standards adopted by the professional educator
standards board, and the development of said program has
been participated in by an in-service training task force
whose membership is the same as provided under RCW
28A.415.040, or a program offered by an education agency
approved to provide in-service for the purposes of continuing
education as provided for under rules adopted by the professional educator standards board, or both.
(5) Clock hours eligible for application to the salary
schedule developed by the legislative evaluation and
accountability program committee as described in subsections (1) and (2) of this section, shall be those hours acquired
after August 31, 1987. Clock hours eligible for application to
the salary schedule as described in subsection (3) of this section shall be those hours acquired after December 31, 1995.
(6) In-service training or continuing education in first
peoples’ language, culture, or oral tribal traditions provided
by a sovereign tribal government participating in the Wash28A.415.020
(2010 Ed.)
Institutes, Workshops, and Training
ington state first peoples’ language, culture, and oral tribal
traditions teacher certification program authorized under
RCW 28A.410.045 shall be considered approved in-service
training or approved continuing education under this section
and RCW 28A.415.023. [2007 c 319 § 3; 2006 c 263 § 808;
1995 c 284 § 2; 1990 c 33 § 415; 1987 c 519 § 1. Formerly
RCW 28A.71.110.]
Findings—Short title—2007 c 319: See notes following RCW
28A.410.045.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Findings—1995 c 284: "The legislature finds that if students are to succeed in an increasingly competitive economy, they will need to be taught by
teachers who are aware of the technological innovations and changes that are
occurring throughout business, industry, and government. Having teachers
who are more aware of these changes will lead to improvements in curriculum and instruction, thereby making public schools more relevant to the
future career and personal needs of our students." [1995 c 284 § 1.]
28A.415.023 Credit on salary schedule for approved
in-service training, continuing education, or internship—
Course content—Rules. (1) Credits earned by certificated
instructional staff after September 1, 1995, shall be eligible
for application to the salary schedule developed by the legislative evaluation and accountability program committee only
if the course content:
(a) Is consistent with a school-based plan for mastery of
student learning goals as referenced in RCW 28A.655.110,
the annual school performance report, for the school in which
the individual is assigned;
(b) Pertains to the individual’s current assignment or
expected assignment for the subsequent school year;
(c) Is necessary to obtain an endorsement as prescribed
by the Washington professional educator standards board;
(d) Is specifically required to obtain advanced levels of
certification;
(e) Is included in a college or university degree program
that pertains to the individual’s current assignment, or potential future assignment, as a certified instructional staff; or
(f) Addresses research-based assessment and instructional strategies for students with dyslexia, dysgraphia, and
language disabilities when addressing learning goal one
under RCW 28A.150.210, as applicable and appropriate for
individual certificated instructional staff.
(2) For the purpose of this section, "credits" mean college quarter hour credits and equivalent credits for approved
in-service, approved continuing education, or approved
internship hours computed in accordance with RCW
28A.415.020.
(3) The superintendent of public instruction shall adopt
rules and standards consistent with the limits established by
this section for certificated instructional staff. [2005 c 497 §
209; 2005 c 393 § 1; 1997 c 90 § 1.]
28A.415.023
Reviser’s note: This section was amended by 2005 c 393 § 1 and by
2005 c 497 § 209, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
28A.415.024 Credit on salary schedule—Accredited
institutions—Verification—Penalty for submitting credits from unaccredited institutions. (1) All credits earned in
28A.415.024
(2010 Ed.)
28A.415.030
furtherance of degrees earned by certificated staff, that are
used to increase earnings on the salary schedule consistent
with RCW 28A.415.023, must be obtained from an educational institution accredited by an accrediting association recognized by rule of the professional educator standards board.
(2) The office of the superintendent of public instruction
shall verify for school districts the accreditation status of educational institutions granting degrees that are used by certificated staff to increase earnings on the salary schedule consistent with RCW 28A.415.023.
(3) The office of the superintendent of public instruction
shall provide school districts with training and additional
resources to ensure they can verify that degrees earned by
certificated staff, that are used to increase earnings on the salary schedule consistent with RCW 28A.415.023, are
obtained from an educational institution accredited by an
accrediting association recognized by rule of the professional
educator standards board.
(4)(a) No school district may submit degree information
before there has been verification of accreditation under subsection (3) of this section.
(b) Certificated staff who submit degrees received from
an unaccredited educational institution for the purposes of
receiving a salary increase shall be fined three hundred dollars. The fine shall be paid to the office of the superintendent
of public instruction and used for costs of administering this
section.
(c) In addition to the fine in (b) of this subsection, certificated staff who receive salary increases based upon degrees
earned from educational institutions that have been verified
to be unaccredited must reimburse the district for any compensation received based on these degrees. [2006 c 263 §
809; 2005 c 461 § 1.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.415.025 Internship clock hours—Rules. The
professional educator standards board shall establish rules for
awarding clock hours for participation of certificated personnel in internships with business, industry, or government. To
receive clock hours for an internship, the individual must
demonstrate that the internship will provide beneficial skills
and knowledge in an area directly related to his or her current
assignment, or to his or her assignment for the following
school year. An individual may not receive more than the
equivalent of two college quarter credits for internships during a calendar-year period. The total number of credits for
internships that an individual may earn to advance on the salary schedule developed by the legislative evaluation and
accountability program committee or its successor agency is
limited to the equivalent of fifteen college quarter credits.
[2006 c 263 § 810; 1995 c 284 § 3.]
28A.415.025
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Findings—1995 c 284: See note following RCW 28A.415.020.
28A.415.030 In-Service Training Act of 1977—Purpose. In order to provide for the improvement of the instructional process in the public schools and maintain and improve
the skills of public school certificated and classified personnel, there is hereby adopted an act to be known as the "In-Ser28A.415.030
[Title 28A RCW—page 223]
28A.415.040
Title 28A RCW: Common School Provisions
vice Training Act of 1977". [1977 ex.s. c 189 § 1. Formerly
RCW 28A.71.200.]
Additional notes found at www.leg.wa.gov
28A.415.040
28A.415.040 In-Service Training Act of 1977—
Administration of funds—Rules—Requirements for local
districts—In-service training task force. The superintendent of public instruction is hereby empowered to administer
funds now or hereafter appropriated for the conduct of in-service training programs for public school certificated and classified personnel and to supervise the conduct of such programs. The superintendent of public instruction shall adopt
rules in accordance with chapter 34.05 RCW that provide for
the allocation of such funds to public school district or educational service district applicants on such conditions and for
such training programs as he or she deems to be in the best
interest of the public school system: PROVIDED, That each
district requesting such funds shall have:
(1) Conducted a district needs assessment, including
plans developed at the building level, to be reviewed and
updated at least every two years, of certificated and classified
personnel to determine identified strengths and weakness of
personnel that would be strengthened by such in-service
training program;
(2) Demonstrate that the plans are consistent with the
goals of basic education;
(3) Established an in-service training task force and demonstrated to the superintendent of public instruction that the
task force has participated in identifying in-service training
needs and goals; and
(4) Demonstrated to the superintendent of public instruction its intention to implement the recommendations of the
needs assessment and thereafter the progress it has made in
providing in-service training as identified in the needs assessment.
The task force required by this section shall be composed
of representatives from the ranks of administrators, building
principals, teachers, classified and support personnel
employed by the applicant school district or educational service district, from the public, and from an institution(s) of
higher education, in such numbers as shall be established by
the school district board of directors or educational service
district board of directors. [1987 c 525 § 301; 1985 c 214 §
1; 1979 c 149 § 10; 1977 ex.s. c 189 § 2. Formerly RCW
28A.71.210.]
Additional notes found at www.leg.wa.gov
28A.415.060
28A.415.060 Credits for educational staff associates
to fulfill continuing education requirements. The Washington professional educator standards board rules for continuing education shall provide that educational staff associates may use credits or clock hours that satisfy the continuing
education requirements for their state professional licensure,
if any, to fulfill the continuing education requirements established by the Washington professional educator standards
board. [2005 c 497 § 210; 1991 c 155 § 1.]
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
[Title 28A RCW—page 224]
28A.415.250 Teacher assistance program—Provision for mentor teachers. Subject to the availability of
amounts appropriated for this purpose, the superintendent of
public instruction shall adopt rules to establish and operate a
teacher assistance program. For the purposes of this section,
the terms "mentor teachers," "beginning teachers," and
"experienced teachers" may include any person possessing
any one of the various certificates issued by the superintendent of public instruction under RCW 28A.410.010. Subject
to the availability of amounts appropriated for this purpose,
the program shall provide for:
(1) Assistance by mentor teachers who will provide a
source of continuing and sustained support to beginning
teachers, or experienced teachers who are having difficulties,
or both, both in and outside the classroom. A mentor teacher
may not be involved in evaluations under RCW 28A.405.100
of a teacher who receives assistance from said mentor teacher
under the teacher assistance program established under this
section. The mentor teachers shall also periodically inform
their principals respecting the contents of training sessions
and other program activities;
(2) Stipends for mentor teachers and beginning and
experienced teachers which shall not be deemed compensation for the purposes of salary lid compliance under RCW
28A.400.200: PROVIDED, That stipends shall not be subject to the continuing contract provisions of this title;
(3) Workshops for the training of mentor and beginning
teachers;
(4) The use of substitutes to give mentor teachers, beginning teachers, and experienced teachers opportunities to
jointly observe and evaluate teaching situations and to give
mentor teachers opportunities to observe and assist beginning
and experienced teachers in the classroom;
(5) Mentor teachers who are superior teachers based on
their evaluations, pursuant to RCW 28A.410.025 and
28A.405.030 through 28A.405.240, and who hold valid continuing certificates;
(6) Mentor teachers shall be selected by the district and
may serve as mentors up to and including full time. If a bargaining unit, certified pursuant to RCW 41.59.090 exists
within the district, classroom teachers representing the bargaining unit shall participate in the mentor teacher selection
process; and
(7) Periodic consultation by the superintendent of public
instruction or the superintendent’s designee with representatives of educational organizations and associations, including
educational service districts and public and private institutions of higher education, for the purposes of improving communication and cooperation and program review. [2009 c
539 § 5; 1993 c 336 § 401; 1991 c 116 § 19; 1990 c 33 § 403;
1 9 87 c 5 0 7 § 1; 1 9 8 5 c 3 9 9 § 1 . Fo r m e r l y R CW
28A.405.450, 28A.67.240.]
28A.415.250
Effective date—2009 c 539: See note following RCW 28A.655.200.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Additional notes found at www.leg.wa.gov
28A.415.260 Pilot program using full-time mentor
teachers. (1) To the extent specific funds are appropriated
for the pilot program in this section, the superintendent of
28A.415.260
(2010 Ed.)
Institutes, Workshops, and Training
28A.415.280
public instruction shall establish a pilot program to support
the pairing of full-time mentor teachers with experienced
teachers who are having difficulties and full-time mentor
teachers with beginning teachers under RCW 28A.415.250.
(2) The superintendent of public instruction shall appoint
an oversight committee, which shall include teachers and
administrators from the pilot districts, that shall be involved
in the evaluation of the pilot program under this section.
(3) The superintendent of public instruction shall adopt
rules as necessary under chapter 34.05 RCW to implement
the pilot program established under subsection (1) of this section. [1998 c 245 § 12; 1993 c 336 § 402.]
This subsection does not preclude the superintendent of
public instruction from permitting the affected educational
service districts to make the supplementary selections.
(5) Once principal internship participants have been
selected, the educational service districts shall allocate the
funds to the appropriate school districts. The funds shall be
used to pay for partial release time while the school district
employee is completing the principal internship.
(6) Educational service districts may be reimbursed for
costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of public instruction. [1996 c 233 § 1; 1993 c 336 § 404.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.270 Principal internship support program.
(1) To the extent funds are appropriated, the Washington
state principal internship support program is created beginning in the 1994-95 school year. The purpose of the program
is to provide funds to school districts to provide partial
release time for district employees who are in a principal
preparation program to complete an internship with a mentor
principal. Funds may be used in a variety of ways to accommodate flexible implementation in releasing the intern to
meet program requirements.
(2) Participants in the principal internship support program shall be selected as follows:
(a) The candidate shall be enrolled in a state
board-approved school principal preparation program;
(b) The candidate shall apply in writing to his or her local
school district;
(c) Each school district shall determine which applicants
meet its criteria for participation in the principal internship
support program and shall notify its educational service district of the school district’s selected applicants. When submitting the names of applicants, the school district shall identify
a mentor principal for each principal intern applicant, and
shall agree to provide the internship applicant release time
not to exceed the equivalent of forty-five student days by
means of this funding source; and
(d) Educational service districts, with the assistance of
an advisory board, shall select internship participants.
(3) The maximum amount of state funding for each
internship shall not exceed the actual daily rate cost of providing a substitute teacher for the equivalent of forty-five
school days.
(4) Funds appropriated for the principal internship support program shall be allocated by the superintendent of public instruction to the educational service districts based on the
percentage of full-time equivalent public school students
enrolled in school districts in each educational service district. If it is not possible to find qualified candidates within
the educational service district, the positions remain unfilled,
and any unspent funds shall revert to the superintendent of
public instruction for supplementary direct disbursement.
The superintendent of public instruction shall allocate
any remaining unfilled positions and unspent funds among
the educational service districts that have qualified candidates but not enough positions for them.
28A.415.270
(2010 Ed.)
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.280 Superintendent and program administrator internship support program. (1) To the extent funds
are appropriated, the Washington state superintendent and
program administrator internship support program is created
beginning in the 1994-95 school year. The purpose of the
program is to provide funds to school districts to provide partial release time for district employees who are in a superintendent or program administrator preparation program to
complete an internship with a mentor administrator. Funds
may be used in a variety of ways to accommodate flexible
implementation in releasing the intern to meet program
requirements.
(2) Participants in the superintendent and program
administrator internship support program shall be selected as
follows:
(a) The candidate shall be enrolled in a state boardapproved school district superintendent or program administrator preparation program;
(b) The candidate shall apply in writing to his or her local
school district;
(c) Each school district shall determine which applicants
meet its criteria for participation in the internship support
program and shall notify its educational service district of the
school district’s selected applicants. When submitting the
names of applicants, the school district shall identify a mentor administrator for each intern applicant and shall agree to
provide the internship applicant release time not to exceed
the equivalent of forty-five student days by means of this
funding source; and
(d) Educational service districts, with the assistance of
an advisory board, shall select internship participants.
(3)(a) The maximum amount of state funding for each
internship shall not exceed the actual daily rate cost of providing a substitute teacher for the equivalent of forty-five
school days.
(b) Funds appropriated for the internship support program shall be allocated by the superintendent of public
instruction to the educational service districts based on the
percentage of full-time equivalent public school students
enrolled in school districts in each educational service district.
(c) Once internship participants have been selected, the
educational service districts shall allocate the funds to the
appropriate school districts. The funds shall be used to pay
28A.415.280
[Title 28A RCW—page 225]
28A.415.300
Title 28A RCW: Common School Provisions
for partial release time while the school district employee is
completing the internship.
(d) If an educational service district has unfilled superintendent or program administrator internship positions, the
positions and unspent funds shall revert to the superintendent
of public instruction for supplementary direct disbursement
among the educational service districts.
The superintendent of public instruction shall allocate
any remaining unfilled positions and unspent funds among
the educational service districts that have qualified candidates but not enough positions for them.
This subsection does not preclude the superintendent of
public instruction from permitting the affected educational
service districts to make the supplementary selections.
(e) Educational service districts may be reimbursed for
costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of public instruction. [1996 c 233 § 2; 1993 c 336 § 405.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.300 Rules. The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW to administer the principal and superintendent and program administrator internship support programs. [1993 c 336
§ 407.]
28A.415.300
Reviser’s note: 1993 c 336 directed that this section be added to chapter 28A.300 RCW. This section has been codified in chapter 28A.415 RCW,
which relates more directly to educators’ training.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.310 Paraprofessional training program. (1)
The paraprofessional training program is created. The primary purpose of the program is to provide training for classroom assistants to assist them in helping students achieve the
student learning goals under RCW 28A.150.210. Another
purpose of the program is to provide training to certificated
personnel who work with classroom assistants.
(2) The superintendent of public instruction may allocate
funds, to the extent funds are appropriated for this program,
to educational service districts, school districts, and other
organizations for providing the training in subsection (1) of
this section. [1993 c 336 § 408.]
28A.415.310
Reviser’s note: 1993 c 336 directed that this section be added to chapter 28A.300 RCW. This section has been codified in chapter 28A.415 RCW,
which relates more directly to educators’ training.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.315 Classified instructional assistants—
Training. Subject to the availability of amounts appropriated for this purpose, the office of the superintendent of public instruction, in consultation with various groups representing school district classified employees, shall develop and
offer a training strand through the summer institutes and the
winter conference targeted to classified instructional assistants and designed to help them maximize their effectiveness
28A.415.315
[Title 28A RCW—page 226]
in improving student achievement. [2009 c 539 § 2; 2008 c
65 § 2.]
Effective date—2009 c 539: See note following RCW 28A.655.200.
Findings—Intent—2008 c 65: "The legislature finds that classified
instructional assistants are key partners with classroom teachers in improving student achievement. Research on rigorous reading programs, including
the reading first programs in our own state, proves that when instructional
assistants are skilled, well-trained in a particular intervention, and positively
supported by the classroom teacher or coach, they can have a significant
impact on student reading attainment. The legislature further finds that
school district practice provides sufficient evidence of the need for instructional assistants. Statewide, school districts relied on more than nineteen
thousand classified instructional assistants, equal to nearly ten thousand fulltime equivalent staff, during the 2006-07 school year. Therefore, the legislature intends to support instructional assistants by providing opportunities
for high quality professional development to make them more effective partners in the classroom." [2008 c 65 § 1.]
28A.415.330 Professional development institutes—
Managing disruptive students. (1) To the extent funds are
appropriated, the superintendent of public instruction shall
conduct professional development institutes to provide
opportunities for teachers, principals, and other school staff
to learn effective research-based strategies for handling disruptive students. The institutes shall be conducted during the
summer of 2000. The training institutes shall emphasize
methods for handling disruptions in regular classrooms and
how to design and implement alternative learning settings
and programs that have been proven to be effective in providing for the educational needs of students who exhibit frequent
and prolonged disruptive behavior when placed in a regular
classroom setting.
(2) The superintendent may enter into contracts with
public or private entities that provide training in effective
research-based methods for dealing with disruptive students.
In developing the institutes, the superintendent shall work
with school staff who have had experience working effectively with disruptive students. The institutes shall be open to
teams of teachers, principals, and other school staff from each
school district choosing to participate. However, as a condition of participating in the institutes, school district teams
shall be required to develop during or immediately following
the institute a district plan for carrying out the purposes of
this section. Elementary schools and junior high and middle
schools in districts that send teams to participate in institutes
conducted under this section are encouraged to formulate
school building-level plans for addressing the educational
needs of disruptive students and the needs of students and
teachers in the regular classrooms for an orderly and disciplined environment that is optimally conducive to learning.
Individual participants in the institutes shall agree to provide
assistance as needed to other school staff in their school
building or school district, consistent with their other normal
duties.
(3) Beginning with the 1999-2000 school year, elementary and junior high schools are encouraged to provide staff
from both the regular education and special education programs opportunities to work together to share successful
practices for managing disruptive students. [1999 c 166 § 2.]
28A.415.330
Findings—1999 c 166: "The legislature finds that disruptive students
can significantly impede effective teaching and learning in the classroom.
Training in effective strategies for handling disruptive students will help
principals, teachers, and other staff gain additional skills to provide a classroom environment that is conducive to teaching and learning. Schools and
(2010 Ed.)
Institutes, Workshops, and Training
school districts should be encouraged to provide staff with the training necessary to respond to disruptions effectively." [1999 c 166 § 1.]
28A.415.340
28A.415.340 State leadership academy—Public-private partnership—Reports. (1) Research supports the
value of quality school and school district leadership. Effective leadership is critical to improving student learning and
transforming underperforming schools and school districts
into world-class learning centers.
(2) A public-private partnership is established to
develop, pilot, and implement the Washington state leadership academy to focus on the development and enhancement
of personal leadership characteristics and the teaching of
effective practices and skills demonstrated by school and district administrators who are successful managers and instructional leaders. It is the goal of the academy to provide stateof-the-art programs and services across the state.
(3) Academy partners include the state superintendent
and principal professional associations, private nonprofit
foundations, institutions of higher education with approved
educator preparation programs, the professional educator
standards board, the office of the superintendent of public
instruction, educational service districts, the state school
business officers’ association, and other entities identified by
the partners. The partners shall designate an independent
organization to act as the fiscal agent for the academy and
shall establish a board of directors to oversee and direct the
academy’s finances, services, and programs. The academy
shall be supported by a national research institution with
demonstrated expertise in educational leadership.
(4) Initial development of academy course content and
activities shall be supported by private funds. Initial tasks of
the academy are to:
(a) Finalize a comprehensive design of the academy and
the development of the curriculum frameworks for a comprehensive leadership development program that includes
coursework, practicum, mentoring, and evaluation components;
(b) Develop curriculum for individual leadership topics;
(c) Pilot the curriculum and all program components;
and
(d) Modify the comprehensive design, curriculum
coursework, practicum, and mentoring programs based on
the research results gained from pilot activities.
(5) The board of directors shall report semiannually to
the superintendent of public instruction on the financial contributions provided by foundations and other organizations to
support the work of the academy. The board of directors
shall report by December 31st each year to the superintendent
of public instruction on the programs and services provided,
numbers of participants in the various academy activities,
evaluation activities regarding program and participant outcomes, and plans for the academy’s future development.
(6) The board of directors shall make recommendations
for changes in superintendent and principal preparation programs, the administrator licensure system, and continuing
education requirements. [2007 c 402 § 1.]
Captions not law—2007 c 402: "Captions used in this act are not any
part of the law." [2007 c 402 § 12.]
(2010 Ed.)
28A.415.360
28A.415.350 Professional development learning
opportunities—Partnerships. Subject to the availability of
amounts appropriated for this purpose, the office of the
superintendent of public instruction shall:
(1) Create partnerships with the educational service districts or public or private institutions of higher education with
approved educator preparation programs to develop and
deliver professional development learning opportunities for
educators that fulfill the goals and address the activities
described in *sections 3 through 6 of this act and RCW
28A.415.360. The partnerships shall:
(a) Support school districts by providing professional
development leadership, courses, and consultation services to
school districts in their implementation of professional development activities, including the activities described in *sections 3 through 6 of this act and RCW 28A.415.360; and
(b) Support one another in the delivery of state-level and
regional-level professional development activities such as
state conferences and regional accountability institutes; and
(2) Enter into a performance agreement with each educational service district to clearly articulate partner responsibilities and assure fidelity for the delivery of professional development initiatives including job-embedded practices. Components of such performance agreements shall include:
(a) Participation in the development of various professional development workshops, programs, and activities;
(b) Characteristics and qualifications of professional
development staff supported by the program;
(c) Methods to ensure consistent delivery of professional
development services; and
(d) Reporting responsibilities related to services provided, program participation, outcomes, and recommendations for service improvement. [2009 c 539 § 4; 2007 c 402
§ 7.]
28A.415.350
*Reviser’s note: Sections 3 through 6 of this act were vetoed.
Effective date—2009 c 539: See note following RCW 28A.655.200.
Capt ion s n ot l aw— 200 7 c 402 : See no te fol lo win g R CW
28A.415.340.
28A.415.360 Learning improvement days—Eligibility—Reports. (1) Subject to funds appropriated for this purpose, targeted professional development programs, to be
known as learning improvement days, are authorized to further the development of outstanding mathematics, science,
and reading teaching and learning opportunities in the state of
Washington. The intent of this section is to provide guidance
for the learning improvement days in the omnibus appropriations act. The learning improvement days authorized in this
section shall not be considered part of the definition of basic
education.
(2) A school district is eligible to receive funding for
learning improvement days that are limited to specific activities related to student learning that contribute to the following
outcomes:
(a) Provision of meaningful, targeted professional development for all teachers in mathematics, science, or reading;
(b) Increased knowledge and instructional skill for mathematics, science, or reading teachers;
(c) Increased use of curriculum materials with supporting diagnostic and supplemental materials that align with
state standards;
28A.415.360
[Title 28A RCW—page 227]
28A.415.370
Title 28A RCW: Common School Provisions
(d) Skillful guidance for students participating in alternative assessment activities;
(e) Increased rigor of course offerings especially in
mathematics, science, and reading;
(f) Increased student opportunities for focused, applied
mathematics and science classes;
(g) Increased student success on state achievement measures; and
(h) Increased student appreciation of the value and uses
of mathematics, science, and reading knowledge and exploration of related careers.
(3) School districts receiving resources under this section shall submit reports to the superintendent of public
instruction documenting how the use of the funds contributes
to measurable improvement in the outcomes described under
subsection (2) of this section; and how other professional
development resources and programs authorized in statute or
in the omnibus appropriations act contribute to the expected
outcomes. The superintendent of public instruction and the
office of financial management shall collaborate on required
report content and format. [2009 c 548 § 403; 2007 c 402 §
9.]
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Capti ons no t la w— 200 7 c 402: See no te fol lo win g RC W
28A.415.340.
28A.415.370 Recruiting Washington teachers program. (1) The recruiting Washington teachers program is
established to recruit and provide training and support for
high school students to enter the teaching profession, especially in teacher shortage areas and among underrepresented
groups and multilingual, multicultural students. The program
shall be administered by the professional educator standards
board.
(2) The program shall consist of the following components:
(a) Targeted recruitment of diverse students, including
but not limited to students from underrepresented groups and
multilingual, multicultural students in grades nine through
twelve through outreach and communication strategies. The
focus of recruitment efforts shall be on encouraging students
to consider and explore becoming future teachers in mathematics, science, bilingual education, special education, and
English as a second language. Program enrollment is not
limited to students from underrepresented groups or multilingual, multicultural students;
(b) A curriculum that provides future teachers with
opportunities to observe classroom instruction at all grade
levels; includes preteaching internships at all grade levels
with a focus on shortage areas; and covers such topics as lesson planning, learning styles, student learning data and information, the achievement gap, cultural competency, and education policy;
(c) Academic and community support services for students to help them overcome possible barriers to becoming
future teachers, such as supplemental tutoring; advising on
college readiness, applications, and financial aid processes;
and mentoring; and
28A.415.370
[Title 28A RCW—page 228]
(d) Future teacher camps held on college campuses
where students can attend workshops and interact with college faculty and current teachers.
(3) As part of its administration of the program, the professional educator standards board shall:
(a) Develop the curriculum and program guidelines in
consultation with an advisory group of teachers, representatives of teacher preparation programs, teacher candidates,
students, and representatives of diverse communities;
(b) Subject to funds appropriated for this purpose, allocate grant funds through a competitive process to partnerships of high schools, teacher preparation programs, and
community-based organizations to design and deliver programs that include the components under subsection (2) of
this section; and
(c) Conduct an evaluation of the effectiveness of current
strategies and programs for recruiting teachers, especially
multilingual, multicultural teachers, in Washington and in
other states. The board shall use the findings from the evaluation to revise the recruiting Washington teachers program as
necessary and make other recommendations to teacher preparation programs or the legislature. [2007 c 402 § 10.]
Capt ion s n ot l aw— 200 7 c 402 : See no te fol lo win g R CW
28A.415.340.
28A.415.380 Mathematics and science instructional
coach program—Evaluation—Reports. (1) A mathematics and science instructional coach program is authorized,
which shall consist of a coach development institute, coaching seminars, coaching activities in schools, and program
evaluation.
(2) The office of the superintendent of public instruction
shall develop a mathematics and science instructional coach
program that includes an initial coach development experience for new coaches provided through an institute setting,
coaching support seminars, and additional coach development services. The office shall draw upon the experiences of
coaches in federally supported elementary literacy programs
and other successful programs, research and policy briefs on
adult professional development, and research that specifically addresses the instructional environments of middle, junior high, and high schools as well as the unique aspects of the
fields of mathematics and science.
(3) The office of the superintendent of public instruction
shall design the application process and select the program
participants.
(4) Schools and school districts participating in the program shall carefully select the individuals to perform the role
of mathematics or science instructional coach. Characteristics to be considered for a successful coach include:
(a) Expertise in content area;
(b) Expertise in various instructional methodologies and
personalizing learning;
(c) Personal skills that include skilled listening, questioning, trust-building, and problem-solving;
(d) Understanding and appreciation for the differences in
adult learners and student learners; and
(e) Capacity for strategic planning and quality program
implementation.
(5) The role of the mathematics or science instructional
coach is focused on supporting teachers as they apply knowl28A.415.380
(2010 Ed.)
Local Effort Assistance
edge, develop skills, polish techniques, and deepen their
understanding of content and instructional practices. This
work takes a number of forms including: Individualized professional development, department-wide and school-wide
professional development, guidance in student data interpretation, and using assessment to guide instruction. Each coach
shall be assigned to two schools as part of the program.
(6) Program participants have the following responsibilities:
(a) Mathematics and science coaches shall participate in
the coach development institute as well as in coaching support seminars that take place throughout the school year,
practice coaching activities as guided by those articulated in
the role of the coach in subsection (5) of this section, collect
data, and participate in program evaluation activities as
requested by the institute pursuant to subsection (7) of this
section.
(b) School and district administrators in districts in
which the mathematics and science coaches are practicing
shall participate in program evaluation activities.
(7)(a) The Washington State University social and economic sciences research center shall conduct an evaluation of
the mathematics and science instructional coach program in
this section. Data shall be collected through various instruments including surveys, program and activity reports, student performance measures, observations, interviews, and
other processes. Findings shall include an evaluation of the
coach development institute, coaching support seminars, and
other coach support activities; recommendations with regard
to the characteristics required of the coaches; identification of
changes in teacher instruction related to coaching activities;
and identification of the satisfaction level with coaching
activities as experienced by classroom teachers and administrators.
(b) The Washington State University social and economic sciences research center shall report its findings to the
governor, the office of the superintendent of public instruction, and the education and fiscal committees of the legislature. An interim report is due November 1, 2008. The final
report is due December 1, 2009.
(8) The mathematics and science instructional coach
program in this section shall be implemented to the extent
funds are available for that purpose. [2009 c 578 § 1; 2007 c
396 § 4.]
Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
Chapter 28A.500
Chapter 28A.500 RCW
LOCAL EFFORT ASSISTANCE
Sections
28A.500.010 Local effort assistance funds—Purpose—Not basic education allocation.
28A.500.020 Definitions.
28A.500.030 Allocation of state matching funds—Determination.
28A.500.040 Distribution of funds.
28A.500.050 Finding—School finance component.
28A.500.900 Effective date—1999 c 317.
28A.500.020
calendar year 2000, in addition to a school district’s other
general fund allocations, each eligible district shall be provided local effort assistance funds. The purpose of these
funds is to mitigate the effect that above average property tax
rates might have on the ability of a school district to raise
local revenues to supplement the state’s basic program of
education. These funds serve to equalize the property tax
rates that individual taxpayers would pay for such levies and
to provide tax relief to taxpayers in high tax rate school districts. Such funds are not part of the district’s basic education
allocation. [1999 c 317 § 1; 1997 c 259 § 4; 1993 c 410 § 1;
(1993 c 465 § 2 expired December 31, 1995); 1992 c 49 § 2;
1987 1st ex.s. c 2 § 102. Formerly RCW 28A.41.155.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Additional notes found at www.leg.wa.gov
28A.500.020 Definitions. (Effective until January 1,
2018.) (1) Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(a) "Prior tax collection year" means the year immediately preceding the year in which the local effort assistance
shall be allocated.
(b) "Statewide average fourteen percent levy rate" means
fourteen percent of the total levy bases as defined in RCW
84.52.0531 (3) and (4) summed for all school districts, and
divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as
adjusted to one hundred percent by the county indicated ratio
established in RCW 84.48.075.
(c) The "district’s fourteen percent levy amount" means
the school district’s maximum levy authority after transfers
determined under RCW 84.52.0531(2) (a) through (c)
divided by the district’s maximum levy percentage determined under *RCW 84.52.0531(5) multiplied by fourteen
percent.
(d) The "district’s fourteen percent levy rate" means the
district’s fourteen percent levy amount divided by the district’s assessed valuation for excess levy purposes for the
prior tax collection year as adjusted to one hundred percent
by the county indicated ratio.
(e) "Districts eligible for local effort assistance" means
those districts with a fourteen percent levy rate that exceeds
the statewide average fourteen percent levy rate.
(2) Unless otherwise stated all rates, percents, and
amounts are for the calendar year for which local effort assistance is being calculated under this chapter. [2010 c 237 § 5;
2004 c 21 § 1; 1999 c 317 § 2.]
28A.500.020
*Reviser’s note: RCW 84.52.0531 was amended by 2010 c 237 § 1,
changing subsection (5) to subsection (6).
Intent—2010 c 237: See note following RCW 84.52.0531.
Expiration date—2010 c 237 §§ 1, 5, and 6: See note following RCW
84.52.0531.
Effective date—2010 c 237 §§ 1 and 3-9: See note following RCW
84.52.0531.
Expiration date—2010 c 237; 2006 c 119; 2004 c 21: See note following RCW 84.52.0531.
28A.500.020 Definitions. (Effective January 1, 2018.)
(1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
28A.500.020
28A.500.010 Local effort assistance funds—Purpose—Not basic education allocation. Commencing with
28A.500.010
(2010 Ed.)
[Title 28A RCW—page 229]
28A.500.030
Title 28A RCW: Common School Provisions
(a) "Prior tax collection year" means the year immediately preceding the year in which the local effort assistance
shall be allocated.
(b) "Statewide average twelve percent levy rate" means
twelve percent of the total levy bases as defined in RCW
84.52.0531(3) summed for all school districts, and divided by
the total assessed valuation for excess levy purposes in the
prior tax collection year for all districts as adjusted to one
hundred percent by the county indicated ratio established in
RCW 84.48.075.
(c) The "district’s twelve percent levy amount" means
the school district’s maximum levy authority after transfers
determined under RCW 84.52.0531(2) (a) through (c)
divided by the district’s maximum levy percentage determined under RCW 84.52.0531(4) multiplied by twelve percent.
(d) The "district’s twelve percent levy rate" means the
district’s twelve percent levy amount divided by the district’s
assessed valuation for excess levy purposes for the prior tax
collection year as adjusted to one hundred percent by the
county indicated ratio.
(e) "Districts eligible for local effort assistance" means
those districts with a twelve percent levy rate that exceeds the
statewide average twelve percent levy rate.
(2) Unless otherwise stated all rates, percents, and
amounts are for the calendar year for which local effort assistance is being calculated under this chapter. [1999 c 317 § 2.]
28A.500.030 Allocation of state matching funds—
Determination. (Effective until January 1, 2018.) Allocation of state matching funds to eligible districts for local
effort assistance shall be determined as follows:
(1) Funds raised by the district through maintenance and
operation levies shall be matched with state funds using the
following ratio of state funds to levy funds:
(a) The difference between the district’s fourteen percent
levy rate and the statewide average fourteen percent levy rate;
to
(b) The statewide average fourteen percent levy rate.
(2) The maximum amount of state matching funds for
districts eligible for local effort assistance shall be the district’s fourteen percent levy amount, multiplied by the following percentage:
(a) The difference between the district’s fourteen percent
levy rate and the statewide average fourteen percent levy rate;
divided by
(b) The district’s fourteen percent levy rate.
(3) Beginning with calendar year 2007, allocations and
maximum eligibility under this chapter shall be fully funded
at one hundred percent and shall not be reduced. [2010 c 237
§ 6. Prior: 2006 c 372 § 904; 2006 c 119 § 1; 2005 c 518 §
914; 2003 1st sp.s. c 25 § 912; 2002 c 317 § 4; 1999 c 317 §
3.]
28A.500.030
Intent—2010 c 237: See note following RCW 84.52.0531.
Severability—2005 c 518: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 518 § 1804.]
Effective date—2005 c 518: "Except for sections 923 and 931 of this
act, this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect immediately [May 17, 2005]." [2005 c 518 §
1805.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Effective date—2002 c 317: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 2, 2002]." [2002 c 317 § 6.]
28A.500.030 Allocation of state matching funds—
Determination. (Effective January 1, 2018.) Allocation of
state matching funds to eligible districts for local effort assistance shall be determined as follows:
(1) Funds raised by the district through maintenance and
operation levies shall be matched with state funds using the
following ratio of state funds to levy funds:
(a) The difference between the district’s twelve percent
levy rate and the statewide average twelve percent levy rate;
to
(b) The statewide average twelve percent levy rate.
(2) The maximum amount of state matching funds for
districts eligible for local effort assistance shall be the district’s twelve percent levy amount, multiplied by the following percentage:
(a) The difference between the district’s twelve percent
levy rate and the statewide average twelve percent levy rate;
divided by
(b) The district’s twelve percent levy rate.
(3) Calendar year 2003 allocations and maximum eligibility under this chapter shall be multiplied by 0.99.
(4) From January 1, 2004, to December 31, 2005, allocations and maximum eligibility under this chapter shall be
multiplied by 0.937.
(5) From January 1, 2006, to December 31, 2006, allocations and maximum eligibility under this chapter shall be
multiplied by 0.9563. Beginning with calendar year 2007,
allocations and maximum eligibility under this chapter shall
be fully funded at one hundred percent and shall not be
reduced. [2006 c 372 § 904; 2006 c 119 § 1; 2005 c 518 §
914; 2003 1st sp.s. c 25 § 912; 2002 c 317 § 4; 1999 c 317 §
3.]
28A.500.030
Reviser’s note: This section was amended by 2006 c 119 § 1 and by
2006 c 372 § 904, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2006 c 372: See notes following RCW
73.04.135.
Severability—2005 c 518: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 518 § 1804.]
Effective date—2010 c 237 §§ 1 and 3-9: See note following RCW
84.52.0531.
Effective date—2005 c 518: "Except for sections 923 and 931 of this
act, this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect immediately [May 17, 2005]." [2005 c 518 §
1805.]
Severability—Effective date—2006 c 372: See notes following RCW
73.04.135.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Expiration date—2010 c 237 §§ 1, 5, and 6: See note following RCW
84.52.0531.
[Title 28A RCW—page 230]
(2010 Ed.)
School Districts’ Budgets
Effective date—2002 c 317: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 2, 2002]." [2002 c 317 § 6.]
28A.500.040 Distribution of funds. Local effort assistance funds shall be distributed to qualifying districts as follows:
(1) Thirty percent in April;
(2) Twenty-three percent in May;
(3) Two percent in June;
(4) Seventeen percent in August;
(5) Nine percent in October;
(6) Seventeen percent in November; and
(7) Two percent in December. [1999 c 317 § 4.]
28A.500.040
28A.500.050 Finding—School finance component.
(1) The legislature finds that while the state has the responsibility to provide for a general and uniform system of public
schools, there is also a need for some diversity in the public
school system. A successful system of public education must
permit some variation among school districts outside the
basic education provided for by the state to respond to and
reflect the unique desires of local communities. The opportunity for local communities to invest in enriched education
programs promotes support for local public schools. Further,
the ability of local school districts to experiment with
enriched programs can inform the legislature’s long-term
evolution of the definition of basic education. Therefore,
local levy authority remains an important component of the
overall finance system in support of the public schools even
though it is outside the state’s obligation for basic education.
(2) However, the value of permitting local levies must be
balanced with the value of equity and fairness to students and
to taxpayers, neither of whom should be unduly disadvantaged due to differences in the tax bases used to support local
levies. Equity and fairness require both an equitable basis for
supplemental funding outside basic education and a mechanism for property tax-poor school districts to fairly access
supplemental funding. As such, local effort assistance, while
also outside the state’s obligation for basic education, is
another important component of school finance. [2009 c 548
§ 301.]
28A.500.050
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.500.900 Effective date—1999 c 317. This act
takes effect January 1, 2000. [1999 c 317 § 5.]
28A.500.900
Chapter 28A.505
Chapter 28A.505 RCW
SCHOOL DISTRICTS’ BUDGETS
Sections
28A.505.010 Definitions.
28A.505.020 Districts must utilize methods of revenue and expenditure
recognition.
28A.505.030 District fiscal year.
28A.505.040 Budget—Notice of completion—Copies—Review by educational service districts.
28A.505.050 Budget—Notice of meeting to adopt.
28A.505.060 Budget—Hearing and adoption of—Copies filed with
ESD’s.
(2010 Ed.)
28A.505.020
28A.505.070 Budget review committee—Members—Review of budget,
limitations.
28A.505.080 Budget—Disposition of copies.
28A.505.090 Budget—Format, classifications, mandatory.
28A.505.100 Budget—Contents—Display of salaries.
28A.505.110 Budget—Including receivables collectible in future years—
Limitations.
28A.505.120 Withholding state funds upon district noncompliance—
Notice of.
28A.505.130 Budget—Requirements for balancing estimated expenditures.
28A.505.140 Rules for budgetary procedures—Review by superintendent—Notice of irregularity—Budget revisions.
28A.505.150 Budgeted expenditures as appropriations—Interim expenditures—Transfer between budget classes—Liability for
nonbudgeted expenditures.
28A.505.160 Appropriations lapse at end of fiscal year—Exception.
28A.505.170 First-class school districts—Emergency or additional appropriation resolutions—Procedure.
28A.505.180 Second-class school districts—Additional appropriation resolutions—Procedure.
28A.505.200 Repayment of federal moneys—Federal disallowance determination.
28A.505.210 Student achievement funds—Use and accounting of funds—
Public hearing—Report.
28A.505.220 Student achievement program—General fund allocation.
28A.505.010 Definitions. The following terms when
used in this chapter shall have the following meanings, unless
where used the context thereof shall clearly indicate to the
contrary:
(1) "Revenue" means an addition to assets of a fund of a
school district during a fiscal period that is available to
finance the fund’s expenditures during the fiscal period. Revenue does not accompany the increase of liabilities or represent refunds of previous disbursements. Revenue may be in
the form of cash or in the form of noncash assets such as
donated commodities. Revenue for accrual basis expenditure
funds is limited to amounts received in cash or noncash donations plus or minus adjustments for revenue accruals.
(2) "Accrual basis expenditures" mean expenditures
incurred during a given fiscal period, whether paid or unpaid.
(3) "Cash basis expenditures" mean actual disbursements during a given fiscal period except for debt service,
regardless of when liabilities are incurred, or the period of
incurrence of expenditures.
(4) "Cash basis revenue" means actual receipt of revenue
not adjusted for revenue accruals.
(5) "Revenue accruals" means those revenues anticipated to be received in cash after the close of the fiscal period
that represent reimbursement for expenditures incurred by
the end of the fiscal period.
(6) "Appropriation" means the maximum authorization
during a given fiscal period to incur expenditures.
(7) "Disbursements" mean payments in cash, including
but not limited to issuance of warrants. [1983 c 59 § 1;
1975-’76 2nd ex.s. c 118 § 1. Formerly RCW 28A.65.400.]
28A.505.010
Additional notes found at www.leg.wa.gov
28A.505.020 Districts must utilize methods of revenue and expenditure recognition. All school districts must
utilize the following methods of revenue and expenditure recognition in budgeting, accounting and financial reporting:
(1) Recognize revenue as defined in RCW
28A.505.010(1) for all funds: PROVIDED, That school districts that elect the cash basis of expenditure recognition
under subsection (2) of this section shall recognize revenue
on the cash basis.
28A.505.020
[Title 28A RCW—page 231]
28A.505.030
Title 28A RCW: Common School Provisions
(2) Recognition of expenditures for all funds shall be on
the accrual basis: PROVIDED, That school districts with
under one thousand full time equivalent students for the preceding fiscal year may make a uniform election for all funds,
except debt service funds, to be on the cash basis of expenditure recognition. Notification of such election shall be given
to the state superintendent of public instruction in the budget
of the school district and shall remain in effect for one full fiscal year. [1990 c 33 § 416; 1983 c 59 § 2; 1980 c 18 § 1;
1975-’76 2nd ex.s. c 118 § 2. Formerly RCW 28A.65.405.]
Additional notes found at www.leg.wa.gov
28A.505.030
28A.505.030 District fiscal year. Beginning September 1, 1977 the fiscal year for all school districts shall be September 1 through August 31. [1975-’76 2nd ex.s. c 118 § 3.
Formerly RCW 28A.65.410.]
Additional notes found at www.leg.wa.gov
28A.505.040
28A.505.040 Budget—Notice of completion—Copies—Review by educational service districts. On or before
the tenth day of July in each year, all school districts shall
prepare their budget for the ensuing fiscal year. The budget
shall set forth the complete financial plan of the district for
the ensuing fiscal year.
Upon completion of their budgets, every school district
shall publish a notice stating that the district has completed
the budget, placed it on file in the school district administration office, and that a copy thereof will be furnished to any
person who calls upon the district for it. The district shall provide a sufficient number of copies of the budget to meet the
reasonable demands of the public. School districts shall submit one copy of their budget to their educational service districts for review and comment by July 10th. The superintendent of public instruction may delay the date in this section if
the state’s operating budget is not finally approved by the legislature until after June 1st. [1995 c 121 § 1; 1975-’76 2nd
ex.s. c 118 § 4. Formerly RCW 28A.65.415.]
Additional notes found at www.leg.wa.gov
28A.505.050
28A.505.050 Budget—Notice of meeting to adopt.
Upon completion of their budgets as provided in RCW
28A.505.040, every school district shall publish a notice stating that the board of directors will meet for the purpose of fixing and adopting the budget of the district for the ensuing fiscal year. Such notice shall designate the date, time, and place
of said meeting which shall occur no later than the thirty-first
day of August for first-class school districts, and the first day
of August for second-class school districts. The notice shall
also state that any person may appear thereat and be heard for
or against any part of such budget. Said notice shall be published at least once each week for two consecutive weeks in a
newspaper of general circulation in the district, or, if there be
none, in a newspaper of general circulation in the county or
counties in which such district is a part. The last notice shall
be published no later than seven days immediately prior to
the hearing. [1995 c 121 § 2; 1990 c 33 § 417; 1983 c 59 § 3;
1975-’76 2nd ex.s. c 118 § 5. Formerly RCW 28A.65.420.]
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 232]
28A.505.060 Budget—Hearing and adoption of—
Copies filed with ESD’s. On the date given in said notice as
provided in RCW 28A.505.050 the school district board of
directors shall meet at the time and place designated. Any
person may appear thereat and be heard for or against any
part of such budget. Such hearing may be continued not to
exceed a total of two days: PROVIDED, That the budget
must be adopted no later than August 31st in first-class
school districts, and not later than August 1st in second-class
school districts.
Upon conclusion of the hearing, the board of directors
shall fix and determine the appropriation from each fund contained in the budget separately, and shall by resolution adopt
the budget and the appropriations as so finally determined,
and enter the same in the official minutes of the board: PROVIDED, That first-class school districts shall file copies of
their adopted budget with their educational service district no
later than September 3rd, and second-class school districts
shall forward copies of their adopted budget to their educational service district no later than August 3rd for review,
alteration and approval as provided for in RCW 28A.505.070
by the budget review committee. [1990 c 33 § 418; 1983 c 59
§ 4; 1975-’76 2nd ex.s. c 118 § 6. Formerly RCW
28A.65.425.]
28A.505.060
Additional notes found at www.leg.wa.gov
28A.505.070 Budget review committee—Members—
Review of budget, limitations. The budget review committee shall fix and approve the amount of the appropriation
from each fund of the budget of second-class districts not
later than August 31st. No budget review committee shall
knowingly approve any budget or appropriation that is in violation of this chapter or rules and regulations adopted by the
superintendent of public instruction in accordance with RCW
28A.505.140(1). A copy of said budget shall be returned to
the local school districts no later than September 10th.
Members of the budget review committee as referred to
in this section shall consist of the educational service district
superintendent or a representative thereof, a member of the
local school district board of directors or a representative
thereof, and a representative of the superintendent of public
instruction. [1990 c 33 § 419; 1975-’76 2nd ex.s. c 118 § 7.
Formerly RCW 28A.65.430.]
28A.505.070
Additional notes found at www.leg.wa.gov
28A.505.080 Budget—Disposition of copies. Copies
of the budgets for all local school districts shall be filed with
the superintendent of public instruction no later than September 10th. One copy will be retained by the educational service
district. [1984 c 128 § 8; 1983 c 59 § 5; 1975-’76 2nd ex.s. c
118 § 8. Formerly RCW 28A.65.435.]
28A.505.080
Additional notes found at www.leg.wa.gov
28A.505.090 Budget—Format, classifications, mandatory. Every school district budget shall be prepared, submitted and adopted in the format prescribed by the office of
the superintendent of public instruction. The budget classifications contained in said format shall be in accordance with
the accounting manual for public school districts, published
by the office of the superintendent of public instruction and
28A.505.090
(2010 Ed.)
School Districts’ Budgets
the office of the state auditor. Budgets prepared and adopted
in a format other than that prescribed by the office of the
superintendent of public instruction shall not be official and
will have no legal effect. [1983 c 59 § 6; 1975-’76 2nd ex.s.
c 118 § 9. Formerly RCW 28A.65.440.]
28A.505.140
fiscal year less ending reserve fund balance for the budgeted
fiscal year shall be null and void and shall not be considered
an appropriation. [1990 c 33 § 421; 1983 c 59 § 8; 1975-’76
2nd ex.s. c 118 § 11. Formerly RCW 28A.65.450.]
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
28A.505.120 Withholding state funds upon district
noncompliance—Notice of. If a local school district fails to
comply with any binding restrictions issued by the superintendent of public instruction, the allocation of state funds for
support of the local school district may be withheld, pending
an investigation of the reason for such noncompliance by the
office of the superintendent of public instruction. Written
notice of the intent to withhold state funds, with reasons
stated for this action, shall be made to the school district by
the office of the superintendent of public instruction before
any portion of the state allocation is withheld. [1975-’76 2nd
ex.s. c 118 § 12. Formerly RCW 28A.65.455.]
28A.505.120
28A.505.100 Budget—Contents—Display of salaries.
The budget shall set forth the estimated revenues for the
ensuing fiscal year, the estimated revenues for the fiscal year
current at the time of budget preparation, the actual revenues
for the last completed fiscal year, and the reserved and unreserved fund balances for each year. The estimated revenues
from all sources for the ensuing fiscal year shall not include
any revenue not anticipated to be available during that fiscal
year: PROVIDED, That school districts, pursuant to RCW
28A.505.110 can be granted permission by the superintendent of public instruction to include as revenues in their budgets, receivables collectible in future fiscal years.
The budget shall set forth by detailed items or classes the
estimated expenditures for the ensuing fiscal year, the estimated expenditures for the fiscal year current at the time of
budget preparation, and the actual expenditures for the last
completed fiscal year. Total salary amounts, full-time equivalents, and the high, low, and average annual salaries, shall be
displayed by job classification within each budget classification. If individual salaries within each job classification are
not displayed, districts shall provide the individual salaries
together with the title or position of the recipient and the total
amounts of salary under each budget class upon request. Salary schedules shall be displayed. In districts where negotiations have not been completed, the district may budget the
salaries at the current year’s rate and restrict fund balance for
the amount of anticipated increase in salaries, so long as an
explanation shall be attached to the budget on such restriction
of fund balance. [1990 c 33 § 420; 1983 c 59 § 7; 1975-’76
2nd ex.s. c 118 § 10. Formerly RCW 28A.65.445.]
28A.505.100
Additional notes found at www.leg.wa.gov
28A.505.110 Budget—Including receivables collectible in future years—Limitations. When a school district
board is unable to prepare a budget or budget extension pursuant to RCW 28A.505.170 or 28A.505.180 in which the
estimated revenues for the budgeted fiscal year plus the estimated fund balance at the beginning of the budgeted fiscal
year less the ending reserved fund balance for the budgeted
fiscal year do not at least equal the estimated expenditures for
the budgeted fiscal year, the school district board may deliver
a petition in writing, at least twenty days before the budget or
budget extension is scheduled for adoption, to the superintendent of public instruction requesting permission to include
receivables collectible in future years, in order to balance the
budget. If such permission is granted, it shall be in writing,
and it shall contain conditions, binding on the district,
designed to improve the district’s financial condition. Any
budget or appropriation adopted by the board of directors
without written permission from the superintendent of public
instruction that contains estimated expenditures in excess of
the total of estimated revenue for the budgeted fiscal year
plus estimated fund balance at the beginning of the budgeted
28A.505.110
(2010 Ed.)
Additional notes found at www.leg.wa.gov
28A.505.130 Budget—Requirements for balancing
estimated expenditures. For each fund contained in the
school district budget the estimated expenditures for the budgeted fiscal year must not be greater than the total of the estimated revenues for the budgeted fiscal year, the estimated
fund balance at the beginning of the budgeted fiscal year less
the estimated reserve fund balance at the end of the budgeted
fiscal year, and the projected revenue from receivables collectible on future years as approved by the superintendent of
public instruction for inclusion in the budget.
The proceeds of any interfund loan must not be used to
balance the budget of the borrowing fund. [1983 c 59 § 9;
1975-’76 2nd ex.s. c 118 § 13. Formerly RCW 28A.65.460.]
28A.505.130
Additional notes found at www.leg.wa.gov
28A.505.140 Rules for budgetary procedures—
Review by superintendent—Notice of irregularity—Budget revisions. (1) Notwithstanding any other provision of
law, the superintendent of public instruction shall adopt such
rules as will ensure proper budgetary procedures and practices, including monthly financial statements consistent with
the provisions of RCW 43.09.200, and this chapter.
(2) If the superintendent of public instruction determines
upon a review of the budget of any district that said budget
does not comply with the budget procedures established by
this chapter or by rules adopted by the superintendent of public instruction, or the provisions of RCW 43.09.200, the
superintendent shall give written notice of this determination
to the board of directors of the local school district.
(3) The local school district, notwithstanding any other
provision of law, shall, within thirty days from the date the
superintendent of public instruction issues a notice pursuant
to subsection (2) of this section, submit a revised budget
which meets the requirements of RCW 43.09.200, this chapter, and the rules of the superintendent of public instruction.
[2006 c 263 § 202; 1990 c 33 § 422; 1983 c 59 § 10; 1975-’76
2nd ex.s. c 118 § 14. Formerly RCW 28A.65.465.]
28A.505.140
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 233]
28A.505.150
Title 28A RCW: Common School Provisions
28A.505.150 Budgeted expenditures as appropriations—Interim expenditures—Transfer between budget
classes—Liability for nonbudgeted expenditures. Total
budgeted expenditures for each fund as adopted in the budget
of a school district shall constitute the appropriations of the
district for the ensuing fiscal year and the board of directors
shall be limited in the incurring of expenditures to the grand
total of such appropriations. The board of directors shall
incur no expenditures for any purpose in excess of the appropriation for each fund: PROVIDED, That no board of directors shall be prohibited from incurring expenditures for the
payment of regular employees, for the necessary repairs and
upkeep of the school plant, for the purchase of books and supplies, and for their participation in joint purchasing agencies
authorized in RCW 28A.320.080 during the interim while the
budget is being settled under RCW 28A.505.140: PROVIDED FURTHER, That transfers between budget classes
may be made by the school district’s chief administrative
officer or finance officer, subject to such restrictions as may
be imposed by the school district board of directors.
Directors, officers or employees who knowingly or negligently violate or participate in a violation of this section by
the incurring of expenditures in excess of any appropriation(s) shall be held civilly liable, jointly and severally, for
such expenditures in excess of such appropriation(s), including consequential damages following therefrom, for each
such violation. If as a result of any civil or criminal action the
violation is found to have been done knowingly, such director, officer, or employee who is found to have participated in
such breach shall immediately forfeit his or her office or
employment, and the judgment in any such action shall so
provide.
Nothing in this section shall be construed to limit the
duty of the attorney general to carry out the provisions of
RCW 43.09.260, as now or hereafter amended. [1990 c 33 §
423; 1975-’76 2nd ex.s. c 118 § 15. Formerly RCW
28A.65.470.]
28A.505.150
Additional notes found at www.leg.wa.gov
28A.505.160 Appropriations lapse at end of fiscal
year—Exception. All appropriations for any school district
upon which their budget is based shall lapse at the end of the
fiscal year. At the expiration of said period all appropriations
shall become null and void and any claim presented thereafter against any such appropriation for the fiscal year just
closed shall be provided for in the appropriation for the next
fiscal year: PROVIDED, That this shall not prevent payments upon incompleted improvements in progress at the
close of the fiscal year. [1975-’76 2nd ex.s. c 118 § 16. Formerly RCW 28A.65.475.]
28A.505.160
Additional notes found at www.leg.wa.gov
28A.505.170 First-class school districts—Emergency
or additional appropriation resolutions—Procedure. (1)
Notwithstanding any other provision of this chapter, upon the
happening of any emergency in first-class school districts
caused by fire, flood, explosion, storm, earthquake, epidemic,
riot, insurrection, or for the restoration to a condition of usefulness of any school district property, the usefulness of
which has been destroyed by accident, and no provision has
28A.505.170
[Title 28A RCW—page 234]
been made for such expenditures in the adopted appropriation, the board of directors, upon the adoption by the vote of
the majority of all board members of a resolution stating the
facts constituting the emergency, may make an appropriation
therefor without notice or hearing.
(2) Notwithstanding any other provision of this chapter,
if in first-class districts it becomes necessary to increase the
amount of the appropriation, and if the reason is not one of
the emergencies specifically enumerated in subsection (1) of
this section, the school district board of directors, before
incurring expenditures in excess of the appropriation, shall
adopt a resolution stating the facts and the estimated amount
of appropriation to meet it.
Such resolution shall be voted on at a public meeting,
notice to be given in the manner provided in RCW
28A.505.050. Its introduction and passage shall require the
vote of a majority of all members of the school district board
of directors.
Any person may appear at the meeting at which the
appropriation resolution is to be voted on and be heard for or
against the adoption thereof.
Copies of all adopted appropriation resolutions shall be
filed with the educational service district who shall forward
one copy each to the office of the superintendent of public
instruction. One copy shall be retained by the educational service district. [1990 c 33 § 424; 1984 c 128 § 9; 1983 c 59 §
11; 1975-’76 2nd ex.s. c 118 § 17. Formerly RCW
28A.65.480.]
Additional notes found at www.leg.wa.gov
28A.505.180
28A.505.180 Second-class school districts—Additional appropriation resolutions—Procedure. Notwithstanding any other provision of this chapter, if a second-class
school district needs to increase the amount of the appropriation from any fund for any reason, the school district board of
directors, before incurring expenditures in excess of appropriation, shall adopt a resolution stating the facts and estimating the amount of additional appropriation needed.
Such resolution shall be voted on at a public meeting,
notice to be given in the manner provided by RCW
28A.505.050. Its introduction and passage shall require the
vote of a majority of all members of the school district board
of directors.
Any person may appear at the meeting at which the
appropriation resolution is to be voted on and be heard for or
against the adoption thereof.
Upon passage of the appropriation resolution the school
district shall petition the superintendent of public instruction
for approval to increase the amount of its appropriations in
the manner prescribed in rules and regulations for such
approval by the superintendent.
Copies of all appropriation resolutions approved by the
superintendent of public instruction shall be filed by the
office of the superintendent of public instruction with the
educational service district. [1990 c 33 § 425; 1984 c 128 §
10; 1983 c 59 § 12; 1975-’76 2nd ex.s. c 118 § 18. Formerly
RCW 28A.65.485.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
School Districts’ Budgets
28A.505.200 Repayment of federal moneys—Federal
disallowance determination. Each school district that
receives federal moneys from or through the superintendent
of public instruction shall comply with applicable federal
requirements and shall repay expenditures subsequently disallowed by the federal government together with such interest as may be assessed by the federal government. Once a
federal disallowance determination, decision, or order
becomes final respecting federal moneys expended by a
school district, the superintendent of public instruction may
withhold all or a portion of the annual basic education allocation amounts otherwise due and apportionable to the school
district as necessary to facilitate payment of the principal and
interest to the federal government. The superintendent of
public instruction may pay withheld basic education allocation moneys:
(1) To the school district before the close of the biennium and following the school district’s repayment of moneys due the federal government, or the school district’s commitment to an acceptable repayment plan, or both; or
(2) To the federal government, subject to the reappropriation of the withheld basic education allocation, moneys for
the purpose of payment to the federal government.
No withholding of basic education allocation moneys
may occur under this subsection until the superintendent of
public instruction has first determined that the withholding
should not substantially impair the school district’s financial
ability to provide the basic education program offerings
required by statute. [1990 c 103 § 1.]
28A.505.200
28A.505.210 Student achievement funds—Use and
accounting of funds—Public hearing—Report. School
districts shall have the authority to decide the best use of
funds distributed for the student achievement program under
RCW 28A.505.220 to assist students in meeting and exceeding the new, higher academic standards in each district consistent with the provisions of chapter 3, Laws of 2001.
(1) Funds shall be allocated for the following uses:
(a) To reduce class size by hiring certificated elementary
classroom teachers in grades K-4 and paying nonemployeerelated costs associated with those new teachers;
(b) To make selected reductions in class size in grades 512, such as small high school writing classes;
(c) To provide extended learning opportunities to
improve student academic achievement in grades K-12,
including, but not limited to, extended school year, extended
school day, before-and-after-school programs, special tutoring programs, weekend school programs, summer school,
and all-day kindergarten;
(d) To provide additional professional development for
educators, including additional paid time for curriculum and
lesson redesign and alignment, training to ensure that instruction is aligned with state standards and student needs, reimbursement for higher education costs related to enhancing
teaching skills and knowledge, and mentoring programs to
match teachers with skilled, master teachers. The funding
shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for
extended year and extended day teaching contracts;
(e) To provide early assistance for children who need
prekindergarten support in order to be successful in school;
28A.505.210
(2010 Ed.)
28A.505.210
(f) To provide improvements or additions to school
building facilities which are directly related to the class size
reductions and extended learning opportunities under (a)
through (c) of this subsection.
(2) Annually on or before May 1st, the school district
board of directors shall meet at the time and place designated
for the purpose of a public hearing on the proposed use of
these funds to improve student achievement for the coming
year. Any person may appear or by written submission have
the opportunity to comment on the proposed plan for the use
of these funds. No later than August 31st, as a part of the process under RCW 28A.505.060, each school district shall
adopt a plan for the use of these funds for the upcoming
school year. Annually, each school district shall provide to
the citizens of their district a public accounting of the funds
made available to the district during the previous school year
under chapter 3, Laws of 2001, how the funds were used, and
the progress the district has made in increasing student
achievement, as measured by required state assessments and
other assessments deemed appropriate by the district. Copies
of this report shall be provided to the superintendent of public
instruction. [2009 c 479 § 17; 2005 c 497 § 105; 2001 c 3 §
3 (Initiative Measure No. 728, approved November 7, 2000).]
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Short title—2001 c 3 (Initiative Measure No. 728): "This act may be
known and cited as the K-12 2000 student achievement act." [2001 c 3 § 1
(Initiative Measure No. 728, approved November 7, 2000).]
Purpose—Intent—2001 c 3 (Initiative Measure No. 728): "The citizens of Washington state expect and deserve great public schools for our
generation of school children and for those who will follow. A quality public
education system is crucial for our state’s future economic success and prosperity, and for our children and their children to lead successful lives.
The purpose of this act is to improve public education and to achieve
higher academic standards for all students through smaller class sizes and
other improvements. A portion of the state’s surplus general fund revenues
is dedicated to this purpose.
In 1993, Washington state made a major commitment to improved
public education by passing the Washington education reform act. This act
established new, higher standards of academic achievement for all students.
It also established new levels of accountability for students, teachers,
schools, and school districts. However, the K-12 finance system has not
been changed to respond to the new standards and individual student needs.
To make higher student achievement a reality, schools need the additional resources and flexibility to provide all students with more individualized quality instruction, more time, and the extra support that they may
require. We need to ensure that curriculum, instruction methods, and assessments of student performance are aligned with the new standards and student
needs. The current level of state funding does not provide adequate
resources to support higher academic achievement for all students. In fact,
inflation-adjusted per-student state funding has declined since the legislature
adopted the 1993 education reform act.
The erosion of state funding for K-12 education is directly at odds with
the state’s "paramount duty to make ample provision for the education of all
children...." Now is the time to invest some of our surplus state revenues in
K-12 education and redirect state lottery funds to education, as was originally intended, so that we can fulfill the state’s paramount duty.
Conditions and needs vary across Washington’s two hundred ninetysix school districts. School boards accountable to their local communities
should therefore have the flexibility to decide which of the following strategies will be most effective in increasing student performance and in helping
students meet the state’s new, higher academic standards:
(1) Major reductions in K-4 class size;
(2) Selected class size reductions in grades 5-12, such as small high
school writing classes;
(3) Extended learning opportunities for students who need or want
additional time in school;
(4) Investments in educators and their professional development;
[Title 28A RCW—page 235]
28A.505.220
Title 28A RCW: Common School Provisions
(5) Early assistance for children who need prekindergarten support in
order to be successful in school; and
(6) Providing improvements or additions to facilities to support class
size reductions and extended learning opportunities.
REDUCING CLASS SIZE
Smaller classes in the early grades can significantly increase the
amount of learning that takes place in the classroom. Washington state now
ranks forty-eighth in the nation in its student-teacher ratio. This is unacceptable.
Significant class size reductions will provide our children with more
individualized instruction and the attention they need and deserve and will
reduce behavioral problems in classrooms. The state’s long-term goal
should be to reduce class size in grades K-4 to no more than eighteen students per teacher in a class.
The people recognize that class size reduction should be phased-in over
several years. It should be accompanied by the necessary funds for school
construction and modernization and for high-quality, well-trained teachers.
EXTENDED LEARNING OPPORTUNITIES
Student achievement will also be increased if we expand learning
opportunities beyond our traditional-length school day and year. In many
school districts, educators and parents want a longer school day, a longer
school year, and/or all-day kindergarten to help students improve their academic performance or explore new learning opportunities. In addition, special programs such as before-and-after-school tutoring will help struggling
students catch and keep up with their classmates. Extended learning opportunities will be increasingly important as attainment of a certificate of mastery becomes a high school graduation requirement.
TEACHER QUALITY
Key to every student’s academic success is a quality teacher in every
classroom. Washington state’s new standards for student achievement make
teacher quality more important than ever. We are asking our teachers to
teach more demanding curriculum in new ways, and we are holding our educators and schools to new, higher levels of accountability for student performance. Resources are needed to give teachers the content knowledge and
skills to teach to higher standards and to give school leaders the skills to
improve instruction and manage organizational change.
The ability of school districts throughout the state to attract and retain
the highest quality teaching corps by offering competitive salaries and effective working conditions is an essential element of basic education. The state
legislature is responsible for establishing teacher salaries. It is imperative
that the legislature fund salary levels that ensure school districts’ ability to
recruit and retain the highest quality teachers.
EARLY ASSISTANCE
The importance of a child’s intellectual development in the first five
years has been established by widespread scientific research. This is especially true for children with disabilities and special needs. Providing assistance appropriate to children’s developmental needs will enhance the academic achievement of these children in grades K-12. Early assistance will
also lessen the need for more expensive remedial efforts in later years.
NO SUPPLANTING OF EXISTING EDUCATION FUNDS
It is the intent of the people that existing state funding for education,
including all sources of such funding, shall not be reduced, supplanted, or
otherwise adversely impacted by appropriations or expenditures from the
*student achievement fund created in RCW 43.135.045 or the education
construction fund.
INVESTING SURPLUS IN SCHOOLS UNTIL GOAL MET
It is the intent of the people to invest a portion of state surplus revenues
in their schools. This investment should continue until the state’s contribution to funding public education achieves a reasonable goal. The goal should
reflect the state’s paramount duty to make ample provision for the education
of all children and our citizens’ desire that all students receive a quality education. The people set a goal of per-student state funding for the maintenance and operation of K-12 education being equal to at least ninety percent
of the national average per-student expenditure from all sources. When this
goal is met, further deposits to the *student achievement fund shall be
required only to the extent necessary to maintain the ninety-percent level."
[2001 c 3 § 2 (Initiative Measure No. 728, approved November 7, 2000).]
*Reviser’s note: The "student achievement fund" created in RCW
43.135.045 was deleted pursuant to 2009 c 479 § 37.
Construction—2001 c 3 (Initiative Measure No. 728): "The provisions of this act are to be liberally construed to effectuate the policies and
[Title 28A RCW—page 236]
purposes of this act." [2001 c 3 § 11 (Initiative Measure No. 728, approved
November 7, 2000).]
Severability—2001 c 3 (Initiative Measure No. 728): "If any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2001 c 3 § 12 (Initiative Measure
No. 728, approved November 7, 2000).]
Effective dates—2001 c 3 (Initiative Measure No. 728): "This act
takes effect January 1, 2001, except for section 4 of this act which takes
effect July 1, 2001." [2001 c 3 § 13 (Initiative Measure No. 728, approved
November 7, 2000).]
28A.505.220 Student achievement program—General fund allocation. (1) Total distributions for the student
achievement program from the general fund to each school
district shall be based upon the average number of full-time
equivalent students in the school district during the previous
school year as reported to the office of the superintendent of
public instruction by August 31st of the previous school year.
The superintendent of public instruction shall ensure that
moneys generated by skill center students are returned to skill
centers.
(2) The allocation rate per full-time equivalent student
shall be three hundred dollars in the 2005-06 school year,
three hundred seventy-five dollars in the 2006-07 school
year, and four hundred fifty dollars in the 2007-08 school
year. For each subsequent school year, the amount allocated
per full-time equivalent student shall be adjusted for inflation
by the implicit price deflator as published by the federal
bureau of labor statistics. However, for the 2009-10 and
2010-11 school years, the amount allocated per full-time
equivalent student shall be as specified in the omnibus appropriations act. For the 2011-12 school year and thereafter,
amounts allocated shall be further adjusted so that the allocations are equal to what they would have been if allocations
had not been reduced for the 2009-10 and 2010-11 school
years. These allocations per full-time equivalent student
shall be supported from the distributions from the education
legacy trust account created in RCW 83.100.230 and the state
general fund.
(3) The school district annual amounts as defined in subsection (2) of this section shall be distributed on the monthly
apportionment schedule as defined in RCW 28A.510.250.
(4) However, during the 2008-09 school year, the school
district annual amounts as defined in this section shall be distributed as follows:
September:
9.0 percent;
October:
9.0 percent;
November:
5.5 percent;
December:
9.0 percent;
January:
9.0 percent;
February:
9.0 percent;
March:
9.0 percent;
April:
9.0 percent;
May:
5.5 percent;
June:
4.2 percent;
July:
11.8 percent; and
August:
10.0 percent.
28A.505.220
[2009 c 541 § 1; 2009 c 479 § 18; 2009 c 4 § 901; 2008 c 170
§ 401; 2005 c 514 § 1103.]
(2010 Ed.)
Apportionment to District—District Accounting
Reviser’s note: This section was amended by 2009 c 479 § 18 and by
2009 c 541 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2009 c 541: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009."
[2009 c 541 § 2.]
Effective date—2009 c 479: See note following RCW 2.56.030.
Effective date—2009 c 4: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 18, 2009]." [2009 c 4 § 911.]
Effective date—2008 c 170 § 401: "Section 401 of this act takes effect
September 1, 2008." [2008 c 170 § 409.]
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.
Chapter 28A.510
Chapter 28A.510 RCW
APPORTIONMENT TO DISTRICT—
DISTRICT ACCOUNTING
Sections
28A.510.250 By state superintendent.
28A.510.260 Distribution by ESD superintendent.
28A.510.270 County treasurer’s duties.
28A.510.250 By state superintendent. On or before
the last business day of September 1969 and each month
thereafter, the superintendent of public instruction shall
apportion from the state general fund to the several educational service districts of the state the proportional share of
the total annual amount due and apportionable to such educational service districts for the school districts thereof as follows:
28A.510.250
September
October
November
December
January
February
March
April
May
June
July
August
...................
...................
...................
...................
...................
...................
...................
...................
...................
...................
...................
...................
9%
9%
5.5%
9%
9%
9%
9%
9%
5.5%
6.0%
10.0%
10.0%
The annual amount due and apportionable shall be the
amount apportionable for all apportionment credits estimated
to accrue to the schools during the apportionment year beginning September first and continuing through August thirtyfirst. Appropriations made for school districts for each year
of a biennium shall be apportioned according to the schedule
set forth in this section for the fiscal year starting September
1st of the then calendar year and ending August 31st of the
next calendar year. The apportionment from the state general
fund for each month shall be an amount which will equal the
amount due and apportionable to the several educational service districts during such month: PROVIDED, That any
(2010 Ed.)
28A.510.270
school district may petition the superintendent of public
instruction for an emergency advance of funds which may
become apportionable to it but not to exceed ten percent of
the total amount to become due and apportionable during the
school districts apportionment year. The superintendent of
public instruction shall determine if the emergency warrants
such advance and if the funds are available therefor. If the
superintendent determines in the affirmative, he or she may
approve such advance and, at the same time, add such an
amount to the apportionment for the educational service district in which the school district is located: PROVIDED,
That the emergency advance of funds and the interest earned
by school districts on the investment of temporary cash surpluses resulting from obtaining such advance of state funds
shall be deducted by the superintendent of public instruction
from the remaining amount apportionable to said districts
during that apportionment year in which the funds are
advanced. [1990 c 33 § 426; 1982 c 136 § 1; 1981 c 282 § 1;
1981 c 5 § 32; 1980 c 6 § 5; 1979 ex.s. c 237 § 1; 1975-’76
2nd ex.s. c 118 § 27; 1975 1st ex.s. c 275 § 67; 1974 ex.s. c
89 § 1; 1972 ex.s. c 146 § 1; 1970 ex.s. c 15 § 15. Prior: 1969
ex.s. c 184 § 3; 1969 ex.s. c 176 § 108; 1969 ex.s. c 223 §
28A.48.010; prior: 1965 ex.s. c 162 § 1; 1959 c 276 § 3;
prior: 1945 c 141 § 3, part; 1923 c 96 § 1; 1911 c 118 § 1;
1909 c 97 p 312 §§ 1, 2, 3; Rem. Supp. 1945 § 4940-3, part.
Formerly RCW 28A.48.010, 28.48.010.]
Student transportation allocation—Notice—Revised eligible student data,
when—Allocation payments, amounts, when: RCW 28A.160.190.
Vehicle acquisition—Reimbursement schedule—Maintenance and operation—Depreciation schedule: RCW 28A.160.200.
Additional notes found at www.leg.wa.gov
28A.510.260 Distribution by ESD superintendent.
Upon receiving the certificate of apportionment from the
superintendent of public instruction the educational service
district superintendent shall promptly apportion to the school
districts of his or her educational service district the amounts
then due and apportionable to such districts as certified by the
superintendent of public instruction. [1990 c 33 § 427; 1983
c 56 § 5; 1975 1st ex.s. c 275 § 68; 1969 ex.s. c 176 § 109;
1969 ex.s. c 223 § 28A.48.030. Prior: 1965 ex.s. c 162 § 2;
1945 c 141 § 9; Rem. Supp. 1945 § 4940-8. Formerly RCW
28A.48.030, 28.48.030.]
28A.510.260
Additional notes found at www.leg.wa.gov
28A.510.270 County treasurer’s duties. The county
treasurer of each county of this state shall be ex officio treasurer of the several school districts of their respective counties, and, except as otherwise provided by law, it shall be the
duty of each county treasurer:
(1) To receive and hold all moneys belonging to such
school districts, and to pay them only for legally authorized
obligations of the district.
(2) To prepare and submit to each school district superintendent in the county a written report of the state of the
finances of such district on the first day of each month, which
report shall be submitted not later than the seventh business
day of the month, which report shall contain the balance on
hand the first of the preceding month, the funds paid in, warrants paid with interest thereon, if any, the number of warrants issued and not paid, and the balance on hand.
28A.510.270
[Title 28A RCW—page 237]
Chapter 28A.515
Title 28A RCW: Common School Provisions
(3) The treasurer of each county shall submit a statement
of all canceled warrants of districts to the respective school
district superintendents. The canceled warrants of each district shall be preserved separately and shall at all times be
open to inspection by the school district superintendent or by
any authorized accountant of such district. [1991 c 245 § 2;
1990 c 33 § 428; 1975-’76 2nd ex.s. c 118 § 28; 1975 1st ex.s.
c 275 § 73; 1969 ex.s. c 176 § 114; 1969 ex.s. c 223 §
28A.48.100. Prior: 1911 c 85 § 1; 1909 c 97 p 309 § 1; RRS
§ 4867; prior: 1907 c 240 § 8; 1897 c 118 § 59; 1893 c 109 §
8; 1891 c 127 § 27; 1890 p 380 § 71; 1886 p 26 § 83; Code
1881 § 3236. Formerly RCW 28A.48.100, 28.48.100.]
Additional notes found at www.leg.wa.gov
Chapter 28A.515 RCW
COMMON SCHOOL CONSTRUCTION FUND
Chapter 28A.515
Sections
28A.515.300 Permanent common school fund—Sources—Use.
28A.515.310 Certain losses to permanent common school fund or other
state educational funds as funded debt against state.
28A.515.320 Common school construction fund—Sources—Use—Excess
moneys in, availability, repayment.
28A.515.330 Permanent common school fund—Allowable investments—
Irreducible principal.
28A.515.300 Permanent common school fund—
Sources—Use. (1) The principal of the common school fund
as the same existed on June 30, 1965, shall remain permanent
and irreducible. The said fund shall consist of the principal
amount thereof existing on June 30, 1965, and such additions
thereto as may be derived after June 30, 1965, from the following named sources, to wit: Appropriations and donations
by the state to this fund; donations and bequests by individuals to the state or public for common schools; the proceeds of
lands and other property which revert to the state by escheat
and forfeiture; the proceeds of all property granted to the
state, when the purpose of the grant is not specified, or is
uncertain; funds accumulated in the treasury of the state for
the disbursement of which provision has not been made by
law; the proceeds of the sale of stone, minerals or property
other than timber and other crops from school and state lands,
other than those granted for specific purposes; all moneys
received from persons appropriating stone, minerals or property other than timber and other crops from school and state
lands other than those granted for specific purposes, and all
moneys other than rental, recovered from persons trespassing
on said lands; five percent of the proceeds of the sale of public lands lying within the state, which shall be sold by the
United States subsequent to the admission of the state into the
Union as approved by section 13 of the act of congress
enabling the admission of the state into the Union; the principal of all funds arising from the sale of lands and other property which have been, and hereafter may be, granted to the
state for the support of common schools and such other funds
as may be provided by legislative enactment.
(2) Consistent with Article XVI, section 5 and Article
IX, sections 3 and 5 of the state Constitution, the state investment board may invest the fund as authorized in RCW
28A.515.330. [2007 c 505 § 2; 1969 ex.s. c 223 §
28A.40.010. Prior: 1967 c 29 § 1; 1909 c 97 p 320 § 1; RRS
§ 4932; prior: 1897 c 118 § 109; 1890 p 373 § 50; 1886 p 20
28A.515.300
[Title 28A RCW—page 238]
§ 57, part; Code 1881 § 3210, part; 1873 p 421 § 1. Formerly
RCW 28A.40.010, 28.40.010.]
Intent—Finding—2007 c 505: See note following RCW 28A.515.330.
Banks and trust companies, liquidation and winding up
dividends unclaimed deposited in: RCW 30.44.150, 30.44.180.
personal property, proceeds deposited in: RCW 30.44.220.
Enlargement of, legislature may provide: State Constitution Art. 9 § 3
(Amendment 43).
Escheated estates deposited in: RCW 11.08.210.
Game and game fish lands
payments to in lieu of property taxes: RCW 77.12.203.
withdrawn from lease, payment of amount of lease into: RCW 77.12.360.
Interest deposited in current state school fund used for current expenses:
State Constitution Art. 9 § 3 (Amendment 43).
Investment of permanent common school fund: State Constitution Art. 16 §
5 (Amendment 44).
Lands set aside and permanent funds established: Enabling act §§ 10
through 25.
Losses occasioned by default, fraud, etc., to become permanent debt against
state: State Constitution Art. 9 § 5.
Permanent and irreducible: State Constitution Art. 9 § 3 (Amendment 43),
RCW 28A.515.300.
Safe deposit box contents
rent unpaid, sale, proceeds deposited in: RCW 22.28.040.
unclaimed after liquidation and winding up of bank or trust company, proceeds from sale deposited in: RCW 30.44.220.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
State land
acquired, lease and sale of, disposition of proceeds: RCW 79.10.030.
withdrawn for game purposes, payment of amount of lease into: RCW
77.12.360.
28A.515.310 Certain losses to permanent common
school fund or other state educational funds as funded
debt against state. All losses to the permanent common
school or any other state educational fund, which shall be
occasioned by defalcation, mismanagement or fraud of the
agents or officers controlling or managing the same, shall be
audited by the proper authorities of the state. The amount so
audited shall be a permanent funded debt against the state in
favor of the particular fund sustaining such loss, upon which
not less than six percent annual interest shall be paid. [1969
ex.s. c 223 § 28A.40.020. Prior: 1909 c 97 p 321 § 2; RRS §
4933; prior: 1897 c 118 § 110, part; 1890 p 373 § 51, part.
Formerly RCW 28A.40.020, 28.40.020.]
28A.515.310
28A.515.320 Common school construction fund—
Sources—Use—Excess moneys in, availability, repayment. The common school construction fund is to be used
exclusively for the purpose of financing the construction of
facilities for the common schools. The sources of said fund
shall be: (1) Those proceeds derived from sale or appropriation of timber and other crops from school and state land
other than those granted for specific purposes; (2) the interest
accruing on the permanent common school fund less the allocations to the state treasurer’s service account [fund] pursuant to RCW 43.08.190 and the state investment board
expense account pursuant to RCW 43.33A.160 together with
all rentals and other revenue derived therefrom and from land
and other property devoted to the permanent common school
fund; (3) all moneys received by the state from the United
States under the provisions of section 191, Title 30, United
States Code, Annotated, and under section 810, chapter 12,
28A.515.320
(2010 Ed.)
Forest Reserve Funds Distribution
Title 16, (Conservation), United States Code, Annotated,
except moneys received before June 30, 2001, and when
thirty megawatts of geothermal power is certified as commercially available by the receiving utilities and the *department
of community, trade, and economic development, eighty percent of such moneys, under the Geothermal Steam Act of
1970 pursuant to RCW 43.140.030; and (4) such other
sources as the legislature may direct. That portion of the common school construction fund derived from interest on the
permanent common school fund may be used to retire such
bonds as may be authorized by law for the purpose of financing the construction of facilities for the common schools.
The interest accruing on the permanent common school
fund less the allocations to the state treasurer’s service fund
pursuant to RCW 43.08.190 and the state investment board
expense account pursuant to RCW 43.33A.160 together with
all rentals and other revenues accruing thereto pursuant to
subsection (2) of this section prior to July 1, 1967, shall be
exclusively applied to the current use of the common schools.
To the extent that the moneys in the common school construction fund are in excess of the amount necessary to allow
fulfillment of the purpose of said fund, the excess shall be
available for deposit to the credit of the permanent common
school fund or available for the current use of the common
schools, as the legislature may direct. Any money from the
common school construction fund which is made available
for the current use of the common schools shall be restored to
the fund by appropriation, including interest income foregone
[forgone], before the end of the next fiscal biennium following such use. [1996 c 186 § 503; 1991 sp.s. c 13 § 58; 1991 c
76 § 2; 1981 c 158 § 6; 1981 c 4 § 1; 1980 c 6 § 1; 1969 ex.s.
c 223 § 28A.40.100. Prior: 1967 c 29 § 3. Formerly RCW
28A.40.100, 28.40.100.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Current state school fund—Abolished—Moneys transferred: RCW
43.79.425.
Additional notes found at www.leg.wa.gov
28A.515.330 Permanent common school fund—
Allowable investments—Irreducible principal. The state
investment board may invest the permanent common school
fund in various types of allowable investments in order to
achieve a balance of long-term growth and current income,
when consistent with the best interest of the state and the permanent common school fund, and in conformance with RCW
43.84.150. The state treasurer shall calculate the irreducible
principal amount of the fund in accordance with the state
Constitution and state law. The irreducible principal shall not
include investment gains on the principal, and the fund may
retain or distribute income and investment earnings in order
to achieve the appropriate balance between growth and
income. [2007 c 505 § 3.]
28A.515.330
Intent—Finding—2007 c 505: "Consistent with Article XVI, section
5 and Article IX, sections 3 and 5 of the state Constitution, it is the intent of
the legislature to clarify state law to permit the permanent common school
fund to be invested in equities when such investment is in the best interest of
the state and the permanent common school fund.
A 1999 opinion of the attorney general concluded that the constitutional language does not prohibit investment of the permanent common
(2010 Ed.)
28A.520.020
school fund, as long as the investment is authorized by law and is consistent
with applicable trust principles. This opinion further reasoned that the constitutional phrase "permanent and irreducible" bars the legislature from abolishing the fund or expending its principal for purposes other than those for
which the fund was established, but does not prohibit the legislature from
specifying permissible investments, particularly in light of Article IX, section 5 of the state Constitution, which specifies that only losses resulting
from "defalcation, mismanagement or fraud" constitute state debts to the permanent common school fund.
The legislature finds that permanent fund common school fund income
as a percentage of total school construction budgets has declined while
school construction budgets have grown, and that other state revenues have
filled the gap between income from state lands and the total school construction budget. For this reason, the fund may tolerate higher risk and volatility
in favor of growth, and therefore a balance of long-term growth and current
income is in the best interest of the state and the fund’s beneficiaries. The
legislature recognizes that by investing in equities, the value of the permanent fund may fluctuate over time due to market changes even if no disposition of the fund principal is made.
It is the intent of the legislature to clarify state law to permit equity
investment of the permanent common school fund even if there is a decline
in the value of the permanent fund due to market changes. The legislature
recognizes that the irreducible portion of the principal amount in the permanent fund must be held in perpetuity for the benefit of the fund and future
generations, and that only the earnings from the permanent fund may be
appropriated to the common school construction fund." [2007 c 505 § 1.]
Chapter 28A.520 RCW
FOREST RESERVE FUNDS DISTRIBUTION
Chapter 28A.520
Sections
28A.520.010 Distribution of forest reserve funds—Procedure—Proportional county area distribution, when.
28A.520.020 Distribution of forest reserve funds—Revolving account created—Use—Apportionments from—As affects basic education allocation.
28A.520.010 Distribution of forest reserve funds—
Procedure—Proportional county area distribution,
when. Of the moneys received by the state from the federal
government in accordance with Title 16, section 500, United
States Code, fifty percent shall be spent by the counties on
public schools or public roads, and fifty percent shall be spent
by the counties on public schools as provided in RCW
28A.520.020(2), or for any other purposes as now or hereafter authorized by federal law, in the counties in the United
States forest reserve from which such moneys were received.
Where the reserve is situated in more than one county, the
state treasurer shall determine the proportional area of the
counties therein. The state treasurer is authorized and
required to obtain the necessary information to enable him or
her to make that determination.
The state treasurer shall distribute to the counties,
according to the determined proportional area, the money to
be spent by the counties. The county legislative authority
shall expend the fifty percent received by the county for the
benefit of the public roads or public schools of the county, or
for any other purposes as now or hereafter authorized by federal law. [1990 c 33 § 429; 1985 c 311 § 1; 1982 c 126 § 1.
Formerly RCW 28A.02.300.]
28A.520.010
Additional notes found at www.leg.wa.gov
28A.520.020 Distribution of forest reserve funds—
Revolving account created—Use—Apportionments
from—As affects basic education allocation. (1) There
shall be a fund known as the federal forest revolving account.
28A.520.020
[Title 28A RCW—page 239]
Chapter 28A.525
Title 28A RCW: Common School Provisions
The state treasurer, who shall be custodian of the revolving
account, shall deposit into the revolving account the funds for
each county received by the state in accordance with Title 16,
section 500, United States Code. The state treasurer shall distribute these moneys to the counties according to the determined proportional area. The county legislative authority
shall expend fifty percent of the money for the benefit of the
public roads and other public purposes as authorized by federal statute or public schools of such county and not otherwise. Disbursements by the counties of the remaining fifty
percent of the money shall be as authorized by the superintendent of public instruction, or the superintendent’s designee,
and shall occur in the manner provided in subsection (2) of
this section.
(2) No later than thirty days following receipt of the
funds from the federal government, the superintendent of
public instruction shall apportion moneys distributed to counties for schools to public school districts in the respective
counties in proportion to the number of full time equivalent
students enrolled in each public school district to the number
of full time equivalent students enrolled in public schools in
the county. In apportioning these funds, the superintendent of
public instruction shall utilize the October enrollment count.
(3) If the amount received by any public school district
pursuant to subsection (2) of this section is less than the basic
education allocation to which the district would otherwise be
entitled, the superintendent of public instruction shall apportion to the district, in the manner provided by RCW
28A.510.250, an amount which shall be the difference
between the amount received pursuant to subsection (2) of
this section and the basic education allocation to which the
district would otherwise be entitled.
(4) All federal forest funds shall be expended in accordance with the requirements of Title 16, section 500, United
States Code, as now existing or hereafter amended. [1991
sp.s. c 13 § 113; 1990 c 33 § 430; 1985 c 311 § 2; 1982 c 126
§ 2. Formerly RCW 28A.02.310.]
Additional notes found at www.leg.wa.gov
Chapter 28A.525
Chapter 28A.525 RCW
BOND ISSUES
Sections
28A.525.010
28A.525.020
28A.525.025
28A.525.030
28A.525.040
28A.525.050
28A.525.055
28A.525.060
28A.525.070
28A.525.080
28A.525.090
28A.525.162
28A.525.164
28A.525.166
28A.525.168
28A.525.170
28A.525.172
28A.525.174
28A.525.176
28A.525.178
28A.525.180
28A.525.190
28A.525.200
28A.525.210
28A.525.212
28A.525.214
28A.525.216
28A.525.218
28A.525.220
28A.525.222
28A.525.230
28A.525.240
28A.525.250
28A.525.260
28A.525.270
28A.525.280
28A.525.290
28A.525.300
28A.525.310
Allotment of appropriations for school plant facilities—Use
of taxable valuation and state funding assistance percentage in determining eligibility.
Allotment of appropriations for school plant facilities—
Additional allotment authorized—Effect of allotment on
future disbursements to district.
Allotment of appropriations for school plant facilities—
Application by district for state assistance—Studies and
surveys by the superintendent of public instruction.
Allotment of appropriations for school plant facilities—
Manual, other materials to guide and provide information to district.
Allotment of appropriations for school plant facilities—
Consultatory and advisory service from the superintendent of public instruction.
Allotment of appropriations for school plant facilities—
Modifiable basic or standard plans for school buildings.
Allotment of appropriations for school plant facilities—
Reduction of appropriation for receipt of federal funds.
Prioritizing construction of common school facilities.
Allocation and distribution of funds for school plant facilities governed by chapter.
1984 bond issue for construction, modernization of school
plant facilities—Intent.
1984 bond issue for construction, modernization of school
plant facilities—Authorized—Sale.
1984 bond issue for construction, modernization of school
plant facilities—Proceeds deposited in common school
construction fund—Use.
1984 bond issue for construction, modernization of school
plant facilities—Proceeds—Administration.
1984 bond issue for construction, modernization of school
plant facilities—State general obligation bond fund utilized for payment of principal and interest—Committee’s and treasurer’s duties—Form and condition of
bonds.
1984 bond issue for construction, modernization of school
plant facilities—Legislature may provide additional
means for payment.
1984 bond issue for construction, modernization of school
plant facilities—Bonds as legal investment for public
funds.
Bonds authorized—Amount—As compensation for sale of
timber—Sale, conditions.
Bond anticipation notes—Authorized—Payment.
Form, terms, conditions, sale and covenants of bonds and
notes.
Disposition of proceeds from sale of bonds and notes—Use.
State general obligation bond retirement fund utilized for
payment of bond principal and interest—Procedure.
Bonds as legal investment for public funds.
Chapter provisions as limited by other statutes, covenants
and proceedings.
Proceeds from sale of bonds as compensation for sale of
timber from trust lands.
Proceeds from voter-approved bonds, voter-approved levies, and other funding—Use for installment purchase
contracts and leases with options to purchase.
28A.525.010 Statement of intent. It is hereby declared
to be the intent of the legislature that the following provisions
be enacted for the purpose of establishing and providing for
the operation of a program of state assistance to school districts in providing school plant facilities. [1969 ex.s. c 223 §
28A.47.050. Prior: 1947 c 278 § 1; Rem. Supp. 1947 §
4940-12. Formerly RCW 28A.47.050, 28.47.050.]
28A.525.010
Statement of intent.
Duties of superintendent of public instruction.
School facilities citizen advisory panel—Membership—
Travel expenses—Technical advisory group.
Modernization of existing school facilities.
Portable buildings or classrooms.
Applications for aid—Recommendations.
Eligibility for state assistance for new construction—Inventory assessment exclusion—Rules.
Manual—Contents—Preparation and revision.
Development of school building programs—Assistance of
superintendent of public instruction.
Federal funds for school plant facilities—Rules.
Construction management techniques—Rules—Use—
Information and training.
Allotment of appropriations for school plant facilities—
Local school district participation—Computing state
funding assistance—Rules.
Allotment of appropriations for school plant facilities—
Duties of superintendent of public instruction.
Allotment of appropriations for school plant facilities—
Computation of state aid for school plant project.
[Title 28A RCW—page 240]
28A.525.020 Duties of superintendent of public
instruction. The superintendent of public instruction, considering policy recommendations from the school facilities
citizen advisory panel, shall have the power and duty (1) to
prescribe rules governing the administration, control, terms,
conditions, and disbursements of allotments to school districts to assist them in providing school plant facilities; (2) to
approve allotments to districts that apply for state assistance
whenever such action is advisable; (3) to authorize the payment of approved allotments by warrant of the state treasurer;
28A.525.020
(2010 Ed.)
Bond Issues
and (4) in the event that the amount of state assistance applied
for exceeds the funds available for such assistance during any
biennium, to make allotments on the basis of the urgency of
need for school facilities in the districts that apply for assistance and/or to prorate allotments among such districts in
conformity with applicable procedures and rules. [2006 c
263 § 301; 1969 ex.s. c 223 § 28A.47.060. Prior: 1947 c 278
§ 2; Rem. Supp. 1947 § 4940-13. Formerly RCW
28A.47.060, 28.47.060.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.525.025 School facilities citizen advisory
panel—Membership—Travel expenses—Technical advisory group. (1) To maintain citizen oversight on issues pertaining to school facilities and funding for school construction, a school facilities citizen advisory panel shall be created
by the state board of education. The panel shall advise and
make recommendations to the superintendent of public
instruction regarding school facilities, funding for school
construction, joint planning and financing of educational
facilities, facility plans and programs for nonhigh school districts, and determinations of remote and necessary schools.
(2) The membership of the school facilities citizen advisory panel shall be as follows:
(a) One member of the state board of education;
(b) Two school district directors representing school districts of various sizes and geographic locations, who are
appointed by the state board of education and selected from a
list of five names submitted to the board by the Washington
state school directors’ association; and
(c) Four additional citizen members appointed by the
state board of education.
(3) Members of the panel shall be reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
(4) In addition to the school facilities citizen advisory
panel, the superintendent of public instruction may convene a
technical advisory group including representatives from
school business officers, building and construction contracting and trade organizations, architecture and engineering
organizations, and other organizations with expertise in
school facilities. [2006 c 263 § 308.]
28A.525.025
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.525.030 Modernization of existing school facilities. Whenever funds are appropriated for modernization of
existing school facilities, the superintendent of public
instruction is authorized to approve the use of such funds for
modernization of existing facilities, modernization being limited to major structural changes in such facilities and, as necessary to bring such facilities into compliance with the barrier
free access requirements of section 504 of the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706) and rules implementing the act, both major and minor structural changes, and may
include as incidental thereto the replacement of fixtures, fittings, furnishings and service systems of a building in order
to bring it up to a contemporary state consistent with the
needs of changing educational programs. The allocation of
such funds shall be made upon the same basis as funds used
for the financing of a new school plant project utilized for a
28A.525.030
(2010 Ed.)
28A.525.060
similar purpose. [2006 c 263 § 302; 1995 c 77 § 23; 1980 c
154 § 17; 1969 ex.s. c 223 § 28A.47.073. Prior: 1967 ex.s. c
21 § 1. Formerly RCW 28A.47.073, 28.47.073.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
28A.525.040 Portable buildings or classrooms. State
funding assistance shall not be denied to any school district
undertaking any construction, repairs[,] or improvements for
school district purposes solely on the ground that said construction, repairs[,] and improvements are in connection with
portable buildings or classrooms. [2009 c 129 § 3; 1969 ex.s.
c 223 § 28A.47.075. Prior: 1953 c 158 § 1. Formerly RCW
28A.47.075, 28.47.075.]
28A.525.040
Intent—2009 c 129: See note following RCW 28A.335.230.
28A.525.050 Applications for aid—Recommendations. All applications by school districts for state assistance
in providing school plant facilities shall be made to the superintendent of public instruction. Studies and surveys shall be
conducted by the superintendent for the purpose of securing
information relating to (1) the kind and extent of the school
plant facilities required and the urgency of need for such
facilities in districts that seek state assistance, (2) the ability
of such districts to provide capital outlay funds by local
effort, (3) the need for improvement of school administrative
units and school attendance areas among or within such districts, and (4) any other pertinent matters. Recommendations
respecting action on the applications shall be submitted to the
superintendent of public instruction. [2006 c 263 § 303; 1969
ex.s. c 223 § 28A.47.080. Prior: 1947 c 278 § 4; Rem. Supp.
1947 § 4940-15. Formerly RCW 28A.47.080, 28.47.080.]
28A.525.050
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.525.055 Eligibility for state assistance for new
construction—Inventory assessment exclusion—Rules.
The rules adopted by the superintendent of public instruction
for determining eligibility for state assistance for new construction shall exclude from the inventory of available educational space those spaces that have been constructed for educational and community activities from grants received from
other public or private entities. [2006 c 263 § 304; 1994 c
219 § 11.]
28A.525.055
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Finding—1994 c 219: See note following RCW 43.88.030.
28A.525.060 Manual—Contents—Preparation and
revision. It shall be the duty of the superintendent of public
instruction, in consultation with the Washington state department of social and health services, to prepare, and so often as
the superintendent deems necessary revise, a manual for the
information and guidance of local school district authorities
and others responsible for and concerned with the designing,
planning, maintenance, and operation of school plant facilities for the common schools. In the preparation and revision
of the aforesaid manual due consideration shall be given to
the presentation of information regarding (1) the need for
28A.525.060
[Title 28A RCW—page 241]
28A.525.070
Title 28A RCW: Common School Provisions
cooperative state-local district action in planning school plant
facilities arising out of the cooperative plan for financing said
facilities provided for in RCW 28A.525.010 through
28A.525.080 and 28A.335.230; (2) procedures in inaugurating and conducting a school plant planning program for a
school district; (3) standards for use in determining the selection and development of school sites and in designing, planning, and constructing school buildings to the end that the
health, safety, and educational well-being and development
of school children will be served; (4) the planning of readily
expansible and flexible school buildings to meet the requirements of an increasing school population and a constantly
changing educational program; (5) an acceptable school
building maintenance program and the necessity therefor; (6)
the relationship of an efficient school building operations service to the health and educational progress of pupils; and (7)
any other matters regarded by the aforesaid officer as pertinent or related to the purposes and requirements of RCW
28A.525.010 through 28A.525.080 and 28A.335.230. [1990
c 33 § 431; 1979 c 141 § 36; 1969 ex.s. c 223 § 28A.47.090.
Prior: 1947 c 278 § 5; Rem. Supp. 1947 § 4940-16. Formerly
RCW 28A.47.090, 28.47.090.]
28A.525.070 Development of school building programs—Assistance of superintendent of public instruction. The superintendent of public instruction shall furnish to
school districts seeking state assistance consultatory and
advisory service in connection with the development of
school building programs and the planning of school plant
facilities for such district. [2006 c 263 § 305; 1985 c 136 § 1;
1969 ex.s. c 223 § 28A.47.100. Prior: 1947 c 278 § 6; Rem.
Supp. 1947 § 4940-17. Formerly RCW 28A.47.100,
28.47.100.]
28A.525.070
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.525.080 Federal funds for school plant facilities—Rules. Insofar as is permissible under acts of congress,
funds made available by the federal government for the purpose of assisting school districts in providing school plant
facilities shall be made available to such districts in conformity with rules that the superintendent, considering policy
recommendations from the school facilities citizen advisory
panel, shall establish. [2006 c 263 § 306; 1969 ex.s. c 223 §
28A.47.120. Prior: 1947 c 278 § 8; Rem. Supp. 1947 §
4940-19. Formerly RCW 28A.47.120, 28.47.120.]
28A.525.080
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.525.090 Construction management techniques—Rules—Use—Information and training. (1) The
superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory
panel, shall adopt rules for appropriate use of the following
construction management techniques: Value engineering,
constructibility review, building commissioning, and construction management. Rules adopted under this section
shall:
(a) Define each technique as it applies to school buildings;
(b) Describe the scope of work for each technique;
28A.525.090
[Title 28A RCW—page 242]
(c) Define the timing for implementing each technique in
the construction process;
(d) Determine the appropriate size of projects for the use
of each technique; and
(e) Determine standards for qualification and performance for each technique.
(2) Except as provided in rules adopted under subsection
(1)(d) of this section, in allocating state moneys provided
under this chapter, the superintendent of public instruction
shall include in funding for each project, at the state funding
assistance percentage, the cost of each of the construction
management techniques listed in subsection (1) of this section.
(3) When assigning priority and allocating state funds for
construction of common school facilities, the superintendent
shall consider the adequacy of the construction management
techniques used by a district and the compliance with the
rules adopted under subsection (1) of this section.
(4) Except as provided in rules adopted under subsection
(1)(d) of this section, the construction management techniques in subsection (1) of this section shall be used on each
project submitted for approval by the superintendent.
(5)(a) School districts applying for state funding assistance for school facilities shall:
(i) Cause value engineering, constructibility review, and
building commissioning to be performed by contract with a
professional firm specializing in those construction management techniques; and
(ii) Contract or employ personnel to perform professional construction management.
(b) All recommendations from the value engineering and
constructibility review construction techniques for a school
project shall be presented to the school district’s board of
directors for acceptance or rejection. If the board of directors
rejects a recommendation it shall provide a statement
explaining the reasons for rejecting the recommendation and
include the statement in the application for state funding
assistance to the superintendent of public instruction.
(6) The office of the superintendent of public instruction
shall provide:
(a) An information and training program for school districts on the use of the construction management techniques;
and
(b) Consulting services to districts on the benefits and
best uses of these construction management techniques.
[2009 c 129 § 4; 2006 c 263 § 307; 1999 c 313 § 2.]
Intent—2009 c 129: See note following RCW 28A.335.230.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Findings—1999 c 313: "The legislature finds that certain construction
management techniques will improve the effectiveness of construction and
operation of new school buildings, and that such techniques, including value
engineering, constructibility reviews, building commissioning, and professional construction management, will provide better value to the taxpayers
by reducing construction costs, improving building operations, improving
the building environment for the occupants, and reducing future replacement
costs." [1999 c 313 § 1.]
28A.525.162 Allotment of appropriations for school
plant facilities—Local school district participation—
Computing state funding assistance—Rules. (1) Funds
appropriated to the superintendent of public instruction from
28A.525.162
(2010 Ed.)
Bond Issues
the common school construction fund shall be allotted by the
superintendent of public instruction in accordance with student enrollment and the provisions of RCW 28A.525.200.
(2) No allotment shall be made to a school district until
such district has provided local funds equal to or greater than
the difference between the total approved project cost and the
amount of state funding assistance to the district for financing
the project computed pursuant to RCW 28A.525.166, with
the following exceptions:
(a) The superintendent of public instruction may waive
the local requirement for state funding assistance for districts
which have provided funds for school building construction
purposes through the authorization of bonds or through the
authorization of excess tax levies or both in an amount equivalent to two and one-half percent of the value of its taxable
property, as defined in RCW 39.36.015.
(b) No such local funds shall be required as a condition
to the allotment of funds from the state for the purpose of
making major or minor structural changes to existing school
facilities in order to bring such facilities into compliance with
the barrier free access requirements of section 504 of the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706) and rules
implementing the act.
(3) For the purpose of computing the state funding assistance percentage under RCW 28A.525.166 when a school
district is granted authority to enter into contracts, adjusted
valuation per pupil shall be calculated using headcount student enrollments from the most recent October enrollment
reports submitted by districts to the superintendent of public
instruction, adjusted as follows:
(a) In the case of projects for which local bonds were
approved after May 11, 1989:
(i) For districts which have been designated as serving
high school districts under RCW 28A.540.110, students
residing in the nonhigh district so designating shall be
excluded from the enrollment count if the student is enrolled
in any grade level not offered by the nonhigh district;
(ii) The enrollment of nonhigh school districts shall be
increased by the number of students residing within the district who are enrolled in a serving high school district so designated by the nonhigh school district under RCW
28A.540.110, including only students who are enrolled in
grade levels not offered by the nonhigh school district; and
(iii) The number of preschool students with disabilities
included in the enrollment count shall be multiplied by onehalf;
(b) In the case of construction or modernization of high
school facilities in districts serving students from nonhigh
school districts, the adjusted valuation per pupil shall be computed using the combined adjusted valuations and enrollments of each district, each weighted by the percentage of the
district’s resident high school students served by the high
school district; and
(c) The number of kindergarten students included in the
enrollment count shall be multiplied by one-half.
(4) The superintendent of public instruction, considering
policy recommendations from the school facilities citizen
advisory panel, shall prescribe such rules as are necessary to
equate insofar as possible the efforts made by school districts
to provide capital funds by the means aforesaid.
(2010 Ed.)
28A.525.166
(5) For the purposes of this section, "preschool students
with disabilities" means children of preschool age who have
developmental disabilities who are entitled to services under
RCW 28A.155.010 through 28A.155.100 and are not
included in the kindergarten enrollment count of the district.
[2009 c 129 § 5; 2006 c 263 § 309; 1995 c 77 § 24; 1990 c 33
§ 455; 1989 c 321 § 1; 1980 c 154 § 18; 1974 ex.s. c 56 § 1;
1970 ex.s. c 42 § 5; 1969 ex.s. c 244 § 2. Formerly RCW
28A.47.801, 28.47.801.]
Intent—2009 c 129: See note following RCW 28A.335.230.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
Additional notes found at www.leg.wa.gov
28A.525.164 Allotment of appropriations for school
plant facilities—Duties of superintendent of public
instruction. In allotting the state funds provided by RCW
28A.525.162 through 28A.525.180, the superintendent of
public instruction shall:
(1) Prescribe rules not inconsistent with RCW
28A.525.162 through 28A.525.180 governing the administration, control, terms, conditions, and disbursement of allotments to school districts to assist them in providing school
plant facilities;
(2) Approve allotments to districts that apply for state
assistance;
(3) Authorize the payment of approved allotments by
warrant of the state treasurer; and
(4) In the event that the amount of state assistance
applied for pursuant to the provisions hereof exceeds the
funds available for such assistance during any biennium,
make allotments on the basis of the urgency of need for
school facilities in the districts that apply for assistance or
prorate allotments among such districts in conformity with
applicable rules. [2006 c 263 § 310; 1990 c 33 § 456; 1989 c
321 § 2; 1974 ex.s. c 56 § 2; 1969 ex.s. c 244 § 3. Formerly
RCW 28A.47.802, 28.47.802.]
28A.525.164
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.525.166 Allotment of appropriations for school
plant facilities—Computation of state aid for school plant
project. Allocations to school districts of state funds provided by RCW 28A.525.162 through 28A.525.180 shall be
made by the superintendent of public instruction and the
amount of state funding assistance to a school district in
financing a school plant project shall be determined in the
following manner:
(1) The boards of directors of the districts shall determine the total cost of the proposed project, which cost may
include the cost of acquiring and preparing the site, the cost
of constructing the building or of acquiring a building and
preparing the same for school use, the cost of necessary
equipment, taxes chargeable to the project, necessary architects’ fees, and a reasonable amount for contingencies and for
other necessary incidental expenses: PROVIDED, That the
total cost of the project shall be subject to review and
approval by the superintendent.
28A.525.166
[Title 28A RCW—page 243]
28A.525.168
Title 28A RCW: Common School Provisions
(2) The state funding assistance percentage for a school
district shall be computed by the following formula:
The ratio of the school district’s adjusted valuation per
pupil divided by the ratio of the total state adjusted valuation
per pupil shall be subtracted from three, and then the result of
the foregoing shall be divided by three plus (the ratio of the
school district’s adjusted valuation per pupil divided by the
ratio of the total state adjusted valuation per pupil).
live in state owned housing, or (e) a need for the construction
of a school building to provide for improved school district
organization or racial balance, or (f) conditions similar to
those defined under (a), (b), (c), (d), and (e) of this subsection, creating a like emergency. [2009 c 421 § 5; 2009 c 129
§ 6; 2006 c 263 § 311; 1997 c 369 § 9; 1990 c 33 § 457; 1989
c 321 § 3; 1975 1st ex.s. c 98 § 1; 1974 ex.s. c 56 § 3; 1969
ex.s. c 244 § 4. Formerly RCW 28A.47.803, 28.47.803.]
District adjusted
Total state
÷ adjusted valuation
3-valuation
Computed
per pupil
per pupil
State
State = ———————————————— = - % Funding
Ratio
District adjusted
Total state
Assistance
÷ adjusted valuation
3+valuation
per pupil
per pupil
Reviser’s note: This section was amended by 2009 c 129 § 6 and by
2009 c 421 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
PROVIDED, That in the event the state funding assistance
percentage to any school district based on the above formula
is less than twenty percent and such school district is otherwise eligible for state funding assistance under RCW
28A.525.162 through 28A.525.180, the superintendent may
establish for such district a state funding assistance percentage not in excess of twenty percent of the approved cost of
the project, if the superintendent finds that such additional
assistance is necessary to provide minimum facilities for
housing the pupils of the district.
(3) In addition to the computed state funding assistance
percentage developed in subsection (2) of this section, a
school district shall be entitled to additional percentage
points determined by the average percentage of growth for
the past three years. One percent shall be added to the computed state funding assistance percentage for each percent of
growth, with a maximum of twenty percent.
(4) The approved cost of the project determined in the
manner prescribed in this section multiplied by the state
funding assistance percentage derived as provided for in this
section shall be the amount of state funding assistance to the
district for the financing of the project: PROVIDED, That
need therefor has been established to the satisfaction of the
superintendent: PROVIDED, FURTHER, That additional
state funding assistance may be allowed if it is found by the
superintendent, considering policy recommendations from
the school facilities citizen advisory panel that such assistance is necessary in order to meet (a) a school housing emergency resulting from the destruction of a school building by
fire, the condemnation of a school building by properly constituted authorities, a sudden excessive and clearly foreseeable future increase in school population, or other conditions
similarly emergent in nature; or (b) a special school housing
burden resulting from projects of statewide significance or
imposed by virtue of the admission of nonresident students
into educational programs established, maintained and operated in conformity with the requirements of law; or (c) a deficiency in the capital funds of the district resulting from
financing, subsequent to April 1, 1969, and without benefit of
the state funding assistance provided by prior state assistance
programs, the construction of a needed school building
project or projects approved in conformity with the requirements of such programs, after having first applied for and
been denied state funding assistance because of the inadequacy of state funds available for the purpose, or (d) a condition created by the fact that an excessive number of students
[Title 28A RCW—page 244]
Effective date—2009 c 421: See note following RCW 43.157.005.
Intent—2009 c 129: See note following RCW 28A.335.230.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Industrial project of statewide significance—Defined: RCW 43.157.010.
Additional notes found at www.leg.wa.gov
28A.525.168 Allotment of appropriations for school
plant facilities—Use of taxable valuation and state funding assistance percentage in determining eligibility.
Whenever the voters of a school district authorize the issuance of bonds and/or the levying of excess taxes in an amount
sufficient to meet the requirements of RCW 28A.525.162
respecting eligibility for state funding assistance in providing
school facilities, the taxable valuation of the district and the
state funding assistance percentage in providing school facilities prevailing at the time of such authorization shall be the
valuation and the percentage used for the purpose of determining the eligibility of the district for an allotment of state
funds and the amount or amounts of such allotments, respectively, for all projects for which the voters authorize capital
funds as aforesaid, unless a higher state funding assistance
percentage prevails on the date that state funds for assistance
in financing a project are allotted by the superintendent of
public instruction in which case the percentage prevailing on
the date of allotment by the superintendent of funds for each
project shall govern: PROVIDED, That if the superintendent
of public instruction, considering policy recommendations
from the school facilities citizen advisory panel, determines
at any time that there has been undue or unwarranted delay on
the part of school district authorities in advancing a project to
the point of readiness for an allotment of state funds, the taxable valuation of the school district and the state funding
assistance percentage prevailing on the date that the allotment is made shall be used for the purposes aforesaid: PROVIDED, FURTHER, That the date specified in this section as
applicable in determining the eligibility of an individual
school district for state funding assistance and in determining
the amount of such assistance shall be applicable also to cases
where it is necessary in administering chapter 28A.540 RCW
to determine eligibility for and the amount of state funding
assistance for a group of school districts considered as a single school administrative unit. [2009 c 129 § 7; 2006 c 263 §
312; 1990 c 33 § 458; 1969 ex.s. c 244 § 5. Formerly RCW
28A.47.804, 28.47.804.]
28A.525.168
Intent—2009 c 129: See note following RCW 28A.335.230.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Bond Issues
28A.525.170 Allotment of appropriations for school
plant facilities—Additional allotment authorized—Effect
of allotment on future disbursements to district. If a
school district which has qualified for an allotment of state
funds under the provisions of RCW 28A.525.162 through
28A.525.180 for school building construction is found by the
superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory
panel, to have a school housing emergency requiring an allotment of state funds in excess of the amount allocable under
RCW 28A.525.166, an additional allotment may be made to
such district: PROVIDED, That the total amount allotted
shall not exceed ninety percent of the total cost of the
approved project which may include the cost of the site and
equipment. At any time thereafter when the superintendent
finds that the financial position of such school district has
improved through an increase in its taxable valuation or
through retirement of bonded indebtedness or through a
reduction in school housing requirements, or for any combination of these reasons, the amount of such additional allotment, or any part of such amount as the superintendent determines, shall be deducted, under terms and conditions prescribed by the superintendent, from any state school building
construction funds which might otherwise be provided to
such district. [2006 c 263 § 313; 1990 c 33 § 459; 1974 ex.s.
c 56 § 4; 1969 ex.s. c 244 § 6. Formerly RCW 28A.47.805,
28.47.805.]
28A.525.170
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.525.172 Allotment of appropriations for school
plant facilities—Application by district for state assistance—Studies and surveys by the superintendent of public instruction. All applications by school districts for state
assistance in providing school plant facilities shall be made to
the superintendent of public instruction in conformity with
rules adopted by the superintendent of public instruction,
considering policy recommendations from the school facilities citizen advisory panel. Studies and surveys shall be conducted by the superintendent for the purpose of securing
information relating to (a) [(1)] the kind and extent of the
school plant facilities required and the urgency of need for
such facilities in districts that seek state assistance, (b) [(2)]
the ability of such districts to provide capital funds by local
effort, (c) [(3)] the need for improvement of school administrative units and school attendance areas among or within
such districts, and (d) [(4)] any other pertinent matters. [2006
c 263 § 314; 1969 ex.s. c 244 § 7. Formerly RCW
28A.47.806, 28.47.806.]
28A.525.172
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.525.174 Allotment of appropriations for school
plant facilities—Manual, other materials to guide and
provide information to district. It shall be the duty of the
superintendent of public instruction, in consultation with the
Washington state department of health, to prepare a manual
and/or to specify other materials for the information and
guidance of local school district authorities and others
28A.525.174
(2010 Ed.)
28A.525.178
responsible for and concerned with the designing, planning,
maintenance and operation of school plant facilities for the
public schools. In so doing due consideration shall be given
to the presentation of information regarding (1) the need for
cooperative state-local district action in planning school plant
facilities arising out of the cooperative plan for financing said
facilities provided for in RCW 28A.525.162 through
28A.525.180; (2) procedures in inaugurating and conducting
a school plant planning program for a school district; (3) standards for use in determining the selection and development of
school sites and in designing, planning, and constructing
school buildings to the end that the health, safety, and educational well-being and development of school children will be
served; (4) the planning of readily expansible and flexible
school buildings to meet the requirements of an increasing
school population and a constantly changing educational program; (5) an acceptable school building maintenance program and the necessity therefor; (6) the relationship of an
efficient school building operations service to the health and
educational progress of pupils; and (7) any other matters
regarded by the superintendent as pertinent or related to the
purposes and requirements of RCW 28A.525.162 through
28A.525.180. [2006 c 263 § 315; 1990 c 33 § 460; 1979 c
141 § 39; 1974 ex.s. c 56 § 5; 1969 ex.s. c 244 § 8. Formerly
RCW 28A.47.807, 28.47.807.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.525.176
28A.525.176 Allotment of appropriations for school
plant facilities—Consultatory and advisory service from
the superintendent of public instruction. The superintendent of public instruction shall furnish to school districts
seeking state assistance under the provisions of RCW
28A.525.162 through 28A.525.180 consultatory and advisory service in connection with the development of school
building programs and the planning of school plant facilities.
[2006 c 263 § 316; 1990 c 33 § 461; 1974 ex.s. c 56 § 6; 1969
ex.s. c 244 § 9. Formerly RCW 28A.47.808, 28.47.808.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.525.178
28A.525.178 Allotment of appropriations for school
plant facilities—Modifiable basic or standard plans for
school buildings. When economies may be affected without
impairing the usefulness and adequacy of school buildings,
the superintendent of public instruction, considering policy
recommendations from the school facilities citizen advisory
panel, may prescribe rules and establish procedures governing the preparation and use of modifiable basic or standard
plans for school building construction projects for which
state assistance funds provided by RCW 28A.525.162
through 28A.525.180 are allotted. [2006 c 263 § 317; 1990 c
33 § 462; 1974 ex.s. c 56 § 7; 1969 ex.s. c 244 § 10. Formerly
RCW 28A.47.809, 28.47.809.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 245]
28A.525.180
Title 28A RCW: Common School Provisions
28A.525.180 Allotment of appropriations for school
plant facilities—Reduction of appropriation for receipt of
federal funds. The total amount of funds appropriated under
the provisions of RCW 28A.525.162 through 28A.525.180
shall be reduced by the amount of federal funds made available during each biennium for school construction purposes
under any applicable federal law. The funds appropriated by
RCW 28A.525.162 through 28A.525.180 and available for
allotment by the superintendent of public instruction shall be
reduced by the amount of such federal funds made available.
Notwithstanding the foregoing provisions of this section, the
total amount of funds appropriated by RCW 28A.525.162
through 28A.525.180 shall not be reduced by reason of any
grants to any school district of federal moneys paid under
Public Law No. 815 or any other federal act authorizing
school building construction assistance to federally affected
areas. [2006 c 263 § 318; 1990 c 33 § 463; 1974 ex.s. c 56 §
8; 1969 ex.s. c 244 § 11. Formerly RCW 28A.47.810,
28.47.810.]
28A.525.180
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.525.190 Prioritizing construction of common
school facilities. The superintendent of public instruction,
considering policy recommendations from the school facilities citizen advisory panel[,] shall prioritize the construction
of common school facilities only from funds appropriated
and available in the common school construction fund. [2006
c 263 § 319; 1975 1st ex.s. c 98 § 2. Formerly RCW
28A.47.820.]
28A.525.190
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.525.200 Allocation and distribution of funds for
school plant facilities governed by chapter. Notwithstanding any other provision of RCW 28A.525.010 through
28A.525.222, the allocation and distribution of funds by the
superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory
panel, for the purposes of providing assistance in the construction of school plant facilities shall be governed by this
chapter. [2006 c 263 § 320; 1990 c 33 § 465; 1985 c 136 § 2;
1977 ex.s. c 227 § 1. Formerly RCW 28A.47.830.]
28A.525.200
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.525.210 1984 bond issue for construction, modernization of school plant facilities—Intent. It is the intent
of the legislature to authorize general obligation bonds of the
state of Washington for common school plant facilities which
provides for the reimbursement of the state treasury for principal and interest payments. [2009 c 500 § 3; 1984 c 266 § 1.
Formerly RCW 28A.47.840.]
28A.525.210
Effective date—2009 c 500: See note following RCW 39.42.070.
Additional notes found at www.leg.wa.gov
28A.525.212 1984 bond issue for construction, modernization of school plant facilities—Authorized—Sale.
For the purpose of furnishing funds for state assistance to
28A.525.212
[Title 28A RCW—page 246]
school districts in providing common school plant facilities
and modernization of existing common school plant facilities, and to provide for the state administrative cost of such
projects, including costs of bond issuance and retirement, salaries and related costs of officials and employees of the state,
costs of credit enhancement agreements, and other expenses
incidental to the administration of capital projects, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of forty million
one hundred seventy thousand dollars, or so much thereof as
may be required, to finance these projects and all costs incidental thereto.
Bonds authorized in this section may be sold in such
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. No such
bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. The state
finance committee may obtain insurance or letters of credit
and may authorize the execution and delivery of agreements,
promissory notes, and other obligations for the purpose of
insuring the payment or enhancing the marketability of bonds
authorized in this section. Promissory notes or other obligations issued pursuant to this section shall not constitute a debt
or the contracting of indebtedness under any constitutional or
statutory indebtedness limitation if their payment is conditioned upon the failure of the state to pay the principal of or
interest on the bonds with respect to which the same relate.
[1985 ex.s. c 3 § 1; 1984 c 266 § 2. Formerly RCW
28A.47.841.]
Additional notes found at www.leg.wa.gov
28A.525.214 1984 bond issue for construction, modernization of school plant facilities—Proceeds deposited
in common school construction fund—Use. The proceeds
from the sale of the bonds authorized in RCW 28A.525.212
shall be deposited in the common school construction fund
and shall be used exclusively for the purposes specified in
RCW 28A.525.212 and section 887, chapter 57, Laws of
1983 1st ex. sess. and for the payment of expenses incurred in
the issuance and sale of the bonds. [1990 c 33 § 466; 1984 c
266 § 3. Formerly RCW 28A.47.842.]
28A.525.214
Additional notes found at www.leg.wa.gov
28A.525.216 1984 bond issue for construction, modernization of school plant facilities—Proceeds—Administration. The proceeds from the sale of the bonds deposited
under RCW 28A.525.214 in the common school construction
fund shall be administered by the superintendent of public
instruction. [2006 c 263 § 321; 1990 c 33 § 467; 1984 c 266
§ 4. Formerly RCW 28A.47.843.]
28A.525.216
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.525.218 1984 bond issue for construction, modernization of school plant facilities—State general obligation bond fund utilized for payment of principal and
interest—Committee’s and treasurer’s duties—Form
and condition of bonds. The state general obligation bond
retirement fund shall be used for the payment of the principal
28A.525.218
(2010 Ed.)
Bond Issues
of and interest on the bonds authorized in RCW
28A.525.212. The state finance committee may provide that
a special account be created in such fund to facilitate payment
of such principal and interest.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
for principal and interest on such bonds in accordance with
the provisions of the bond proceedings. The state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the general obligation bond
retirement fund, or a special account in such fund, such
amounts and at such times as are required by the bond proceedings. On each date on which any interest or principal and
interest is due, the state treasurer shall cause an identical
amount to be transferred to the general fund of the state treasury from that portion of the common school construction
fund derived from the interest on the permanent common
school fund. The transfers from the common school construction fund shall be subject to all pledges, liens, and encumbrances heretofore granted or created on the portion of the
fund derived from interest on the permanent common school
fund. Any deficiency in such transfer shall be made up as
soon as moneys are available for transfer and shall constitute
a continuing obligation of that portion of the common school
construction fund derived from the interest on the permanent
common school fund until all deficiencies are fully paid.
Bonds issued under RCW 28A.525.212 shall state that
they are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1990 c 33 §
468; 1985 ex.s. c 3 § 2; 1984 c 266 § 5. Formerly RCW
28A.47.844.]
Additional notes found at www.leg.wa.gov
28A.525.260
28A.525.230 Bonds authorized—Amount—As compensation for sale of timber—Sale, conditions. For the
purpose of furnishing funds for state assistance to school districts in providing for the construction of common school
plant facilities, the state finance committee is hereby authorized to issue general obligation bonds of the state of Washington in the sum of twenty-two million seven hundred thousand dollars or so much thereof as may be required to provide
state assistance to local school districts for the construction of
common school plant facilities and to compensate the common school construction fund for the sale of timber from
common school, indemnity, and escheat trust lands sold to
the parks and recreation commission prior to March 13, 1980,
pursuant to RCW *43.51.270 and **43.51.280. The amount
of bonds issued under RCW 28A.525.23 0 through
28A.525.300 shall not exceed the fair market value of the
timber. No bonds authorized by RCW 28A.525.230 through
28A.525.300 shall be offered for sale without prior legislative appropriation and these bonds shall be paid and discharged in not more than thirty years of the date of issuance.
[1990 c 33 § 471; 1985 ex.s. c 4 § 12; 1980 c 141 § 1. Formerly RCW 28A.47B.010.]
28A.525.230
Reviser’s note: *(1) RCW 43.51.270 was recodified as RCW
79A.05.210 pursuant to 1999 c 249 § 1601.
**(2) RCW 43.51.280 was repealed by 1995 c 211 § 6, effective July
1, 1995.
Additional notes found at www.leg.wa.gov
28A.525.240 Bond anticipation notes—Authorized—
Payment. When the state finance committee has determined
to issue the general obligation bonds or a portion thereof as
authorized in RCW 28A.525.230 it may, pending the issuance thereof, issue in the name of the state temporary notes in
anticipation of the issuance of the bonds, which notes shall be
designated as "bond anticipation notes." Such portion of the
proceeds of the sale of bonds as may be required for the payment of the principal of and redemption premium, if any, and
interest on the notes shall be applied thereto when the bonds
are issued. [1990 c 33 § 472; 1980 c 141 § 2. Formerly RCW
28A.47B.020.]
28A.525.240
28A.525.250 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is
authorized to prescribe the form, terms, conditions, and covenants of the bonds and the bond anticipation notes authorized by this chapter, the time or times of sale of all or any
portion of them, and the conditions and manner of their sale
and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and
interest thereon when due. [1980 c 141 § 3. Formerly RCW
28A.47B.030.]
28A.525.250
28A.525.220
28A.525.220 1984 bond issue for construction, modernization of school plant facilities—Legislature may provide additional means for payment. The legislature may
provide additional means for raising moneys for the payment
of the principal of and interest on the bonds authorized in
RCW 28A.525.212 and 28A.525.218 shall not be deemed to
provide an exclusive method for the payment. [1990 c 33 §
469; 1984 c 266 § 6. Formerly RCW 28A.47.845.]
Additional notes found at www.leg.wa.gov
28A.525.222
28A.525.222 1984 bond issue for construction, modernization of school plant facilities—Bonds as legal
investment for public funds. The bonds authorized in RCW
28A.525.212 shall be a legal investment for all state funds or
funds under state control and for all funds of any other public
body. [1990 c 33 § 470; 1984 c 266 § 7. Formerly RCW
28A.47.846.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28A.525.260 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes, the proceeds
from the sale of the bonds and bond anticipation notes authorized by RCW 28A.525.230 through 28A.525.300, and any
interest earned on the proceeds, together with all grants,
donations, transferred funds, and all other moneys which the
28A.525.260
[Title 28A RCW—page 247]
28A.525.270
Title 28A RCW: Common School Provisions
state finance committee may direct the state treasurer to
deposit therein, shall be deposited in the common school construction fund and shall be used exclusively for the purposes
of carrying out RCW 28A.525.230 through 28A.525.300,
and for payment of the expense incurred in the printing, issuance and sale of the bonds. [1990 c 33 § 473; 1980 c 141 § 4.
Formerly RCW 28A.47B.040.]
28A.525.270 State general obligation bond retirement fund utilized for payment of bond principal and
interest—Procedure. The state general obligation bond
retirement fund shall be used for the payment of the principal
o f a n d i n t er es t o n t h e b o n d s a u t h o r iz e d b y R C W
28A.525.230 through 28A.525.300.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amounts
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds and the dates on which the payments are due. The state
treasurer, not less than thirty days prior to the date on which
any interest or principal and interest payment is due, shall
withdraw from any general state revenues or any other funds
constitutionally available and received in the state treasury
and deposit in the state general obligation bond retirement
fund an amount equal to the amount certified by the state
finance committee to be due on the payment date. [1990 c 33
§ 474; 1980 c 141 § 5. Formerly RCW 28A.47B.050.]
28A.525.270
28A.525.280 Bonds as legal investment for public
funds. The bonds authorized by RCW 28A.525.230 through
28A.525.300 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1990 c 33 § 475; 1980 c 141 § 6. Formerly
RCW 28A.47B.060.]
required to be deposited in the common school construction
fund. The superintendent of public instruction and the state
board of education shall expend by June 30, 1981, the proceeds received from the bonds issued under RCW
28A.525.230 through 28A.525.300. [1990 c 33 § 477; 1980
c 141 § 8. Formerly RCW 28A.47B.080.]
Reviser’s note: *(1) RCW 43.51.270 was recodified as RCW
79A.05.210 pursuant to 1999 c 249 § 1601.
**(2) RCW 43.51.280 was repealed by 1995 c 211 § 6, effective July
1, 1995.
28A.525.310 Proceeds from voter-approved bonds,
voter-approved levies, and other funding—Use for
installment purchase contracts and leases with options to
purchase. The board of directors of any school district may
use the proceeds of voter-approved bonds, voter-approved
levies, state allocations for financial assistance, or other
funds available to the district for: (1) Payment of an installment purchase contract for school plant facilities; or (2) payments under any financing lease the term of which is ten
years or longer and that contains an option by the school district to purchase the leased property for nominal consideration. The authority granted by this section for the use of
moneys from such sources is in addition to, and not in limitation of, any other authority provided by law, and the proceeds
of voter-approved bonds or tax levies may be used for such
payments to the full extent allowed by Article VII, section 2
of the state Constitution. [1999 c 386 § 2.]
28A.525.310
28A.525.280
28A.525.290 Chapter provisions as limited by other
statutes, covenants and proceedings. No provisions of
RCW 28A.525.230 through 28A.525.300 shall be deemed to
rep eal, ov erride, o r lim it an y p ro visio n o f *R CW
28A.525.120 through 28A.525.182, nor any provision or
covenant of the proceedings of the state finance committee
acting for and on behalf of the state of Washington heretofore
or hereafter taken in the issuance of its revenue or general
obligation bonds secured by a pledge of the interest earnings
of the permanent common school fund under these statutes.
[1990 c 33 § 476; 1980 c 141 § 7. Formerly RCW
28A.47B.070.]
28A.525.290
*Reviser’s note: RCW 28A.525.120 through 28A.525.160 and
28A.525.182 were decodified pursuant to 2006 c 263 § 335.
28A.525.300 Proceeds from sale of bonds as compensation for sale of timber from trust lands. The proceeds
received from the sale of the bonds issued under RCW
28A.525.230 through 28A.525.300 which are deposited in
the common school construction fund and available for common school construction purposes shall serve as total compensation to the common school construction fund for the
proceeds from the sale of timber from trust lands sold prior to
March 13, 1980, to the state parks and recreation commission
pursuant to RCW *43.51.270 and **43.51.280 which are
28A.525.300
[Title 28A RCW—page 248]
Chapter 28A.527 RCW
SCHOOL FACILITIES—2008 BOND ISSUE
Chapter 28A.527
Sections
28A.527.005
28A.527.010
28A.527.020
28A.527.030
28A.527.040
28A.527.050
28A.527.060
28A.527.070
28A.527.080
28A.527.090
28A.527.900
28A.527.901
28A.527.902
Findings—Intent—2008 c 179.
School construction assistance grants—Capital improvements—Bond issue.
Bond proceeds—Use.
Proceeds from sale of bonds—Deposit—Use.
Payment of principal and interest from nondebt-limit reimbursable bond account.
Pledge and promise—Remedies.
Bonds legal investment for public funds.
Payment of principal and interest—Additional means for
raising money authorized.
Chapter supplemental.
School construction and skill centers building account.
Part headings not law—2008 c 179.
Severability—2008 c 179.
Effective date—2008 c 179.
28A.527.005 Findings—Intent—2008 c 179. The legislature finds that the state’s public schools and skill centers
are a vital component of the future economic prosperity of
our state and provide students with access to high-quality
academic and technical skills instruction. Skill centers challenge, motivate, and provide opportunities for students to
achieve in basic skills, critical thinking, leadership, and work
skills through hands-on education, applied academics, and
technology training using a cost-effective delivery model.
The legislature further finds that barriers to access exist for
students in rural and high-density areas, but the development
of satellite and branch campus programs will provide the
needed access. The legislature further finds that existing and
proposed new skill centers will require facilities and equipment that simulate business and industry. Therefore, it is the
28A.527.005
(2010 Ed.)
School Facilities—2008 Bond Issue
intent of the legislature to provide a new source of funding
for the critical capital needs of the state’s skill centers to
enhance access to career and technical education opportunities and to improve the condition of existing facilities.
Enhanced capital funding will provide skill centers the ability
to fulfill their critical role in maintaining and stimulating the
state’s economy and expanding quality academic and career
and technical education opportunities to more students, especially students who lack access to these programs to date.
In the interest of funding equity and ensuring a commitment to the new development, major renovation, or expansion of skill centers, all school district partners must contribute to the acquisition or major capital costs of skill center
projects supported by this act to the greatest extent feasible.
[2008 c 179 § 201.]
28A.527.010
28A.527.010 School construction assistance grants—
Capital improvements—Bond issue. For the purpose of
providing school construction assistance grants and needed
capital improvements consisting of the predesign, design,
acquisition, construction, modification, renovation, expansion, equipping, and other improvements of skill centers
facilities, including capital improvements to support satellite
or branch campus programs for underserved rural areas or
high-density areas, the state finance committee is authorized
to issue general obligation bonds of the state of Washington
in the sum of one hundred million dollars, or as much thereof
as may be required, to finance all or a part of these projects
and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee
shall determine. No bonds authorized in this section may be
offered for sale without prior legislative appropriation of the
net proceeds of the sale of the bonds. If the state finance
committee deems it necessary to issue taxable bonds in order
to comply with federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds,
the proceeds of such taxable bonds shall be transferred to the
state taxable building construction account in lieu of any
deposits otherwise provided by this section. The state treasurer shall submit written notice to the director of financial
management if it is determined that any such transfer to the
state taxable building construction account is necessary.
[2008 c 179 § 202.]
28A.527.080
expenses incurred in connection with the sale and issuance of
the bonds. [2008 c 179 § 204.]
28A.527.040 Payment of principal and interest from
nondebt-limit reimbursable bond account. (1) The nondebt-limit reimbursable bond retirement account must be
used for the payment of the principal and interest on the
bonds authorized in RCW 28A.527.010.
(2)(a) The state finance committee must, on or before
June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet the
bond retirement and interest requirements on the bonds
authorized in RCW 28A.527.010.
(b) On or before the date on which any interest or principal and interest is due, the state treasurer shall transfer from
that portion of the common school construction fund derived
from the interest on the permanent common school fund into
the nondebt-limit reimbursable bond retirement account the
amount computed in (a) of this subsection for bonds issued
for the purposes of RCW 28A.527.010. Any deficiency in
such transfer shall be made up as soon as moneys are available for transfer and shall constitute a continuing obligation
of that portion of the common school construction fund
derived from the interest on the permanent common school
fund until all deficiencies are fully paid. [2008 c 179 § 205.]
28A.527.040
28A.527.050 Pledge and promise—Remedies. (1)
Bonds issued under RCW 28A.527.010 shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2008 c
179 § 206.]
28A.527.050
28A.527.060 Bonds legal investment for public funds.
The bonds authorized in RCW 28A.527.010 shall be a legal
investment for all state funds or funds under state control and
for all funds of any other public body. [2008 c 179 § 207.]
28A.527.060
28A.527.020
28A.527.020 Bond proceeds—Use. This chapter is not
intended to limit the legislature’s ability to appropriate bond
proceeds if the full amount authorized in this chapter has not
been appropriated after one biennia, and the authorization to
issue bonds contained in this chapter does not expire until the
full authorization has been appropriated and issued. [2008 c
179 § 203.]
28A.527.030
28A.527.0 30 Pro ceeds from sale of bonds—
Deposit—Use. (1) The proceeds from the sale of the bonds
authorized in RCW 28A.527.010 shall be deposited in the
school construction and skill centers building account created
in RCW 28A.527.090.
(2) The proceeds shall be used exclusively for the purposes stated in RCW 28A.527.010 and for the payment of the
(2010 Ed.)
28A.527.070 Payment of principal and interest—
Additional means for raising money authorized. The legislature may provide additional means for raising moneys for
the payment of the principal of and interest on the bonds
authorized in RCW 28A.527.010, and *RCW 28A.527.010
shall not be deemed to provide an exclusive method for the
payment. [2008 c 179 § 208.]
28A.527.070
*Reviser’s note: The reference to RCW 28A.527.010 appears to be
erroneous. Reference to RCW 28A.527.040 was apparently intended.
28A.527.080 Chapter supplemental. This chapter provides a complete, additional, and alternative method for
accomplishing the purposes of this chapter and is supplemental and additional to powers conferred by other laws. The
issuance of bonds under this chapter shall not be deemed to
28A.527.080
[Title 28A RCW—page 249]
28A.527.090
Title 28A RCW: Common School Provisions
be the only method to fund projects under this chapter. [2008
c 179 § 209.]
28A.527.090 School construction and skill centers
building account. The school construction and skill centers
building account is created in the state treasury. Proceeds
from the bonds issued under RCW 28A.527.010 shall be
deposited in the account. The account shall be used for purposes stated in RCW 28A.527.010. Moneys in the account
may be spent only after appropriation. [2008 c 179 § 210.]
28A.527.090
28A.527.900 Part headings not law—2008 c 179.
Part headings used in this act are not any part of the law.
[2008 c 179 § 305.]
28A.527.900
28A.527.901 Severability--2008 c 179. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [2008 c 179 § 306.]
28A.527.901
28A.527.902 Effective date--2008 c 179. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 27, 2008]. [2008 c 179 § 307.]
28A.527.902
Chapter 28A.530 RCW
DISTRICT BONDS FOR LAND, BUILDINGS,
AND EQUIPMENT
Chapter 28A.530
Sections
28A.530.010
28A.530.020
28A.530.030
28A.530.040
28A.530.050
28A.530.060
28A.530.070
28A.530.080
Directors may borrow money, issue bonds.
Bond issuance—Election—Resolution to specify purposes.
Disposition of bond proceeds—Capital projects fund.
Refunding former issues without vote of the people.
Holder to notify treasurer—Redemption.
Expense of county treasurer.
Exchange of warrants for bonds.
Additional authority to contract indebtedness—Notice.
28A.530.010 Directors may borrow money, issue
bonds. The board of directors of any school district may borrow money and issue negotiable bonds therefor for the purpose of:
(1) Funding outstanding indebtedness or bonds theretofore issued; or
(2) For the purchase of sites for all buildings, playgrounds, physical education and athletic facilities and structures authorized by law or necessary or proper to carry out the
functions of a school district; or
(3) For erecting all buildings authorized by law, including but not limited to those mentioned in subsection (2) of
this section immediately above or necessary or proper to
carry out the functions of a school district, and providing the
necessary furniture, apparatus, or equipment therefor; or
(4) For improving the energy efficiency of school district
buildings and/or installing systems and components to utilize
renewable and/or inexhaustible energy resources; or
(5) For major and minor structural changes and structural
additions to buildings, structures, facilities and sites neces28A.530.010
[Title 28A RCW—page 250]
sary or proper to carrying out the functions of the school district; or
(6) For payment of (a) an installment purchase contract
for school plant facilities or (b) a financing lease the term of
which is ten years or longer and that contains an option by the
school district to purchase the leased property for nominal
consideration, but only to the extent such payment constitutes
a capital expenditure; or
(7) For any or all of these and other capital purposes.
Neither the amount of money borrowed nor bonds issued
therefor shall exceed the limitation of indebtedness prescribed by chapter 39.36 RCW, as now or hereafter amended.
Except for bonds issued under RCW 28A.530.080,
bonds may be issued only when authorized by the vote of the
qualified electors of the district as provided by law.
The bonds shall be issued and sold in accordance with
chapter 39.46 RCW. [1999 c 386 § 3; 1991 c 114 § 3; 1984 c
186 § 10; 1983 c 167 § 21; 1980 c 170 § 1; 1970 ex.s. c 42 §
7; 1969 c 142 § 2; 1969 ex.s. c 223 § 28A.51.010. Prior: 1953
c 163 § 1; 1927 c 99 § 1; 1921 c 147 § 1; 1919 c 90 § 12; 1909
c 97 p 324 § 1; RRS § 4941; prior: 1907 c 240 § 7 1/2; 1907
c 101 § 1; 1903 c 153 § 1; 1897 c 118 § 117; 1890 p 45 § 1.
Formerly RCW 28A.51.010, 28.51.010, 28.51.050, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
School funds enumerated—Deposits—Uses—Energy audits: RCW
28A.320.330.
Additional notes found at www.leg.wa.gov
28A.530.020 Bond issuance—Election—Resolution
to specify purposes. (1) The question whether the bonds
shall be issued, as provided in RCW 28A.530.010, shall be
determined at an election to be held pursuant to RCW
39.36.050. If a majority of the votes cast at such election
favor the issuance of such bonds, the board of directors must
issue such bonds: PROVIDED, That if the amount of bonds
to be issued, together with any outstanding indebtedness of
the district that only needs a simple majority voter approval,
exceeds three-eighths of one percent of the value of the taxable property in said district, as the term "value of the taxable
property" is defined in RCW 39.36.015, then three-fifths of
the votes cast at such election must be in favor of the issuance
of such bonds, before the board of directors is authorized to
issue said bonds.
(2) The resolution adopted by the board of directors calling the election in subsection (1) of this section shall specify
the purposes of the debt financing measure, including the
specific buildings to be constructed or remodeled and any
additional specific purposes as authorized by RCW
28A.530.010. If the debt financing measure anticipates the
receipt of state financing assistance under chapter 28A.525
RCW, the board resolution also shall describe the specific
anticipated purpose of the state assistance. If the school board
subsequently determines that state or local circumstances
should cause any alteration to the specific expenditures from
the debt financing or of the state assistance, the board shall
first conduct a public hearing to consider those circumstances
and to receive public testimony. If the board then determines
that any such alterations are in the best interests of the district, it may adopt a new resolution or amend the original resolution at a public meeting held subsequent to the meeting at
which public testimony was received. [1996 c 48 § 1; 1990 c
28A.530.020
(2010 Ed.)
District Bonds for Land, Buildings, and Equipment
33 § 478; 1984 c 186 § 11; 1970 ex.s. c 42 § 9; 1969 ex.s. c
223 § 28A.51.020. Prior: 1909 c 97 p 324 § 2; RRS § 4942;
prior: 1897 c 118 § 118; 1890 p 46 § 2. Formerly RCW
28A.51.020, 28.51.020, 28.51.050, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
28A.530.030 Disposition of bond proceeds—Capital
projects fund. When the bonds have been sold, the county
treasurer shall place the money derived from such sale to the
credit of the capital projects fund of the district, and such
fund is hereby created. [1984 c 186 § 12; 1983 c 167 § 24;
1979 ex.s. c 257 § 1; 1969 ex.s. c 223 § 28A.51.070. Prior:
1911 c 88 § 1; 1909 c 97 p 326 § 4; RRS § 4944; prior: 1907
c 240 § 9; 1905 c 142 § 7; 1897 c 118 § 120; 1890 p 47 § 4.
Formerly RCW 28A.51.070, 28.51.070, 28.51.080,
28.51.090, 28.51.100, and 28.51.110.]
28A.530.030
28A.530.080
RRS § 4953; prior: 1897 c 118 § 125; 1890 p 49 § 9. Formerly RCW 28A.51.190, 28.51.190.]
Additional notes found at www.leg.wa.gov
28A.530.060 Expense of county treasurer. At any
time after the issuance of such bonds as in this chapter provided, and in the discharge of the duties imposed upon said
county treasurer, should any incidental expense, costs or
charges arise, the said county treasurer shall present his or her
claim for the same to the board of directors of the school district issuing such bonds, and the same shall be audited and
paid in the same manner as other services are paid under the
provisions of law. [1990 c 33 § 480; 1969 ex.s. c 223 §
28A.51.200. Prior: 1909 c 97 p 330 § 14; RRS § 4954; prior:
1897 c 118 § 126; 1890 p 50 § 10. Formerly RCW
28A.51.200, 28.51.200.]
28A.530.060
28A.530.070 Exchange of warrants for bonds. If
bonds issued under this chapter are not sold as in this chapter
provided, the owners of unpaid warrants drawn on the county
treasurer by such district for an indebtedness existing at the
date of the election may exchange said warrants at the face
value thereof and accrued interest thereon for bonds issued
under this chapter, at not less than par value and accrued
interest of such bonds at the time of the exchange; such
exchange to be made under such regulations as may be provided by the board of directors of such district. [1983 c 167
§ 27; 1969 ex.s. c 223 § 28A.51.220. Prior: 1909 c 97 p 327
§ 5; RRS § 4945. Formerly RCW 28A.51.220, 28.51.220.]
28A.530.070
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
28A.530.040 Refunding former issues without vote of
the people. Whenever any bonds lawfully issued by any
school district under the provisions of this chapter shall reach
maturity and shall remain unpaid, or may be paid under any
option provided in the bonds, the board of directors thereof
shall have the power without any vote of the school district to
fund the same by issuing bonds conformable to the requirements of this chapter and use the proceeds exclusively for the
purpose of retiring and canceling such outstanding bonds as
aforesaid, or the said directors in their discretion may
exchange such refunding bonds par for par for such outstanding bonds. [1984 c 186 § 13; 1983 c 167 § 25; 1969 ex.s. c
223 § 28A.51.180. Prior: 1969 ex.s. c 232 § 66; 1945 c 32 §
1; 1909 c 97 p 329 § 12; Rem. Supp. 1945 § 4952; prior:
1897 c 118 § 124, part; 1890 p 48 § 8, part. Formerly RCW
28A.51.180, 28.51.180.]
28A.530.040
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
28A.530.050 Holder to notify treasurer—Redemption. Every holder of any of the bonds so issued as a bearer
bond as provided in this chapter, within ten days after the
owner becomes the owner or holder thereof, shall notify the
county treasurer of the county in which such bonds are issued
of his or her ownership, together with his or her full name and
post office address, and the county treasurer of said county
shall deposit in the post office, properly stamped and
addressed to each owner of any such bonds subject to
redemption or payment, a notice in like form, stating the time
and place of the redemption of such bonds and the number of
the bonds to be redeemed, and in case any owners of bonds
shall fail to notify the treasurer of their ownership as aforesaid, then a notice mailed to the last holder of such bonds
shall be deemed sufficient, and any and all such notices so
mailed as aforesaid shall be deemed to be personal notice to
the holders of such bonds, and at the expiration of the time
therein named shall have the force to suspend the interest
upon any such bonds. [1990 c 33 § 479; 1983 c 167 § 26;
1969 ex.s. c 223 § 28A.51.190. Prior: 1909 c 97 p 330 § 13;
28A.530.050
(2010 Ed.)
Additional notes found at www.leg.wa.gov
28A.530.080 Additional authority to contract indebtedness—Notice. (1) In addition to the authority granted
under RCW 28A.530.010, a school district may contract
indebtedness for any purpose specified in RCW 28A.530.010
(2), (4), and (5) or for the purpose of purchasing any real or
personal property, or property rights, in connection with the
exercise of any powers or duties which it is now or hereafter
authorized to exercise, and issue bonds, notes, or other evidences of indebtedness therefor without a vote of the qualified electors of the district, subject to the limitations on
indebtedness set forth in RCW 39.36.020(3).
(2) Before issuing nonvoted bonds in excess of two hundred fifty thousand dollars, a school district shall publish
notice of intent to issue such bonds and shall hold a public
hearing on the proposal at any regular or special meeting of
the school board. The notice shall designate: The date, time,
and place of the hearing; the purpose and amount of the
bonds; the type, terms, and conditions of bonds; and the
means identified for repayment. The notice shall also state
that any person may appear and be heard on the issue of issuing such bonds. The notice shall be published at least once
each week for two consecutive weeks in a newspaper of general circulation in the district, or if there is none, in a newspaper of general circulation in the county or counties in which
such district is a part. The last notice shall be published no
later than seven days immediately before the hearing. At the
conclusion of public comment, the board of directors may
proceed to determine, by resolution, whether to issue such
bonds.
28A.530.080
[Title 28A RCW—page 251]
Chapter 28A.535
Title 28A RCW: Common School Provisions
(3) The public notice and hearing requirements in subsection (2) of this section shall not apply to any refinancing or
refunding of outstanding nonvoted or voted bonds.
(4) Such bonds, notes, or other evidences of indebtedness shall be issued and sold in accordance with chapter
39.46 RCW, and the proceeds thereof shall be deposited in
the capital projects fund, the transportation vehicle fund, or
the general fund, as applicable. [2010 c 241 § 1; 1999 c 314
§ 2; 1991 c 114 § 1.]
Application—2010 c 241: "This act applies prospectively only." [2010
c 241 § 2.]
Findings—Intent—1999 c 314: "The legislature finds that current law
authorizes school districts to use nonvoter-approved debt to acquire real or
personal property but not to construct or repair school district property. It is
the intent of the legislature to authorize school districts to use nonvoterapproved debt, within existing debt limits, to finance the acquisition,
remodel, and repair of school facilities." [1999 c 314 § 1.]
Chapter 28A.535
Chapter 28A.535 RCW
VALIDATING INDEBTEDNESS
Sections
28A.535.010
28A.535.020
28A.535.030
28A.535.040
28A.535.050
28A.535.060
28A.535.070
Authority to validate indebtedness.
Resolution providing for election—Vote required to validate.
Notice of election.
Manner and result of election.
Authority to borrow, issue bonds.
Exchange of warrants for bonds.
Notice to county treasurer of authority to issue bonds—
Annual levy for payment of interest and principal on
bonds—Penalty against officer for expenditures in excess
of revenues.
28A.535.080 Validating indebtedness proceedings after merger.
28A.535.010 Authority to validate indebtedness. Any
school district may validate and ratify the indebtedness of
such school district, incurred for strictly school purposes,
when the same together with all then outstanding legal
indebtedness does not exceed that amount permitted for
school districts in RCW 39.36.020 (1) and (3). The value of
taxable property in such school district shall be ascertained as
provided in Article eight, section six, Amendment 27, of the
Constitution of the state of Washington. [1969 ex.s. c 223 §
28A.52.010. Prior: 1909 c 97 p 331 § 1; RRS § 4956; prior:
1897 c 118 § 128; 1895 c 21 § 1. Formerly RCW 28A.52.010,
28.52.010.]
28A.535.010
Reviser’s note: The above reference to RCW 39.36.020 (1) and (3) was
apparently based upon the 1967 version of that section [1967 c 107 § 4]; the
contents and organization of that section have been altered by subsequent
amendments.
every part thereof existing at the time of the adoption of said
resolution shall thereby become and is hereby declared to be
validated and ratified and a binding obligation upon such
school district. [1996 c 48 § 2; 1995 c 111 § 1; 1990 c 33 §
481; 1969 ex.s. c 223 § 28A.52.020. Prior: 1909 c 97 p 331
§ 2; RRS § 4957; prior: 1897 c 118 § 129; 1895 c 21 § 2. Formerly RCW 28A.52.020, 28.52.020.]
28A.535.030 Notice of election. At the time of the
adoption of the resolution provided for in RCW
28A.535.020, the board of directors shall direct the school
district superintendent to give notice to the county auditor of
the suggested time and purpose of such election, and specifying the amount and general character of the indebtedness proposed to be ratified. Such superintendent shall also cause
written or printed notices to be posted in at least five places in
such school district at least twenty days before such election.
In addition to his or her other duties relating thereto, the
county auditor shall give notice of such election as provided
for in *RCW 29.27.080. [1990 c 33 § 482; 1969 ex.s. c 223
§ 28A.52.030. Prior: 1909 c 97 p 332 § 3; RRS § 4958; prior:
1897 c 118 § 131; 1895 c 21 § 4. Formerly RCW 28A.52.030,
28.52.030.]
28A.535.030
*Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.52.350, see RCW 29A.52.351.
28A.535.040 Manner and result of election. Elections
hereunder shall be by ballot, and conducted in the manner
provided for conducting annual school elections. The ballot
must contain the words, "Validating and ratifying indebtedness, yes," or the words, "Validating and ratifying indebtedness, no." Ballots containing the words, "Validating and ratifying indebtedness, yes," shall be counted in favor of validating and ratifying such indebtedness, and ballots
containing the words, "Validating and ratifying indebtedness,
no," shall be counted against validating and ratifying such
indebtedness. At their next meeting following ascertainment
of the result of the election from the county auditor, the board
of directors of any such district holding such an election shall
cause to be entered a minute thereof on the records of such
district. The qualifications of voters at such election shall be
the same as prescribed for the election of school officials.
[1969 ex.s. c 223 § 28A.52.040. Prior: 1909 c 97 p 332 § 4;
RRS § 4959; prior: 1897 c 118 § 130; 1895 c 21 § 3. Formerly RCW 28A.52.040, 28.52.040.]
28A.535.040
Conduct of elections, canvass: RCW 29A.60.010.
28A.535.020 Resolution providing for election—Vote
required to validate. Whenever the board of directors of
any school district shall deem it advisable to validate and ratify the indebtedness mentioned in RCW 28A.535.010, they
shall provide therefor by resolution, which shall be entered
on the records of such school district, which resolution shall
provide for the holding of an election for the purpose of submitting the question of validating and ratifying the indebtedness so incurred to the voters of such school district for
approval or disapproval, and if at such election three-fifths of
the voters in such school district voting at such election shall
vote in favor of the validation and ratification of such indebtedness, then such indebtedness so validated and ratified and
28A.535.020
[Title 28A RCW—page 252]
28A.535.050 Authority to borrow, issue bonds. If the
indebtedness of such school district is validated and ratified,
as provided in this chapter, by three-fifths of the voters voting
at such election, the board of directors of such school district,
without any further vote, may borrow money and issue and
sell negotiable bonds therefor in accordance with chapter
39.46 RCW. [1984 c 186 § 14; 1983 c 167 § 28; 1975 c 43 §
2; 1969 ex.s. c 223 § 28A.52.050. Prior: 1909 c 97 p 333 § 5;
RRS § 4960; prior: 1897 c 118 § 132; 1895 c 21 § 5. Formerly RCW 28A.52.050, 28.52.050.]
28A.535.050
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Capital Fund Aid by Nonhigh School Districts
28A.535.060 Exchange of warrants for bonds. If
bonds issued under this chapter are not sold as herein provided, the owners of unpaid warrants drawn on the county
treasurer by such district for an indebtedness existing at the
time of the adoption of the resolution mentioned in RCW
28A.535.020, may exchange said warrants at the face value
thereof and accrued interest thereon for bonds issued under
this chapter, at not less than par value and accrued interest of
such bonds at the time of the exchange; such exchange to be
made under such regulations as may be provided by the board
of directors of such district. [1990 c 33 § 483; 1983 c 167 §
30; 1969 ex.s. c 223 § 28A.52.060. Prior: 1909 c 97 p 334 §
7; RRS § 4962; prior: 1897 c 118 § 134; 1895 c 21 § 7. Formerly RCW 28A.52.060, 28.52.060.]
28A.535.060
Additional notes found at www.leg.wa.gov
28A.535.070 Notice to county treasurer of authority
to issue bonds—Annual levy for payment of interest and
principal on bonds—Penalty against officer for expenditures in excess of revenues. When authorized to issue
bonds, as provided in this chapter the board of directors shall
immediately cause to be sent to the appropriate county treasurer, notice thereof. The county officials charged by law
with the duty of levying taxes for the payment of said bonds
and interest shall do so as provided in RCW 39.46.110.
The annual expense of such district shall not thereafter
exceed the annual revenue thereof, and any officer of such
district who shall knowingly aid in increasing the annual
expenditure in excess of the annual revenue of such district,
in addition to any other penalties, whether civil or criminal,
as provided by law, shall be deemed to be guilty of a misdemeanor, and shall be punished by a fine not exceeding five
hundred dollars. [1985 c 7 § 90; 1969 ex.s. c 223 §
28A.52.070. Prior: 1909 c 97 p 335 § 8; RRS § 4963; prior:
1897 c 118 § 135; 1895 c 21 § 8. Formerly RCW 28A.52.070,
28.52.070.]
28A.535.070
28A.535.080 Validating indebtedness proceedings
after merger. In case any school district has heretofore
incurred, or shall hereafter incur, indebtedness for strictly
school purposes and has heretofore, or shall hereafter,
become merged with another district as provided in *RCW
28A.315.010 through 28A.315.680 and 28A.315.900, the
directors of the last named district may, after such merger,
cause to be submitted to the voters within the limits of the district which incurred the obligations, the question of validating
and ratifying such indebtedness. The vote shall be taken and
the question determined in the manner prescribed in RCW
28A.535.020, 28A.535.030, and 28A.535.040. The directors
of the district to which the district incurring the obligations
was merged shall make provisions for payment of the indebtedness so validated by certifying the amount thereof in the
manner prescribed in RCW 28A.535.070: PROVIDED,
Such enlarged district may pay a part, or all, of such validating indebtedness from any funds available or by issuing
bonds therefor when such enlarged district has taken over
property of any district and in making such adjustment and
apportionment as provided in *RCW 28A.315.010 through
28A.315.680 and 28A.315.900, the value of the property
received shall be found to exceed the total indebtedness of the
district annexed to the extent of such value over the total
28A.535.080
(2010 Ed.)
28A.540.020
indebtedness of the district annexed. [1990 c 33 § 484; 1969
ex.s. c 223 § 28A.52.080. Prior: 1913 c 136 § 1; RRS § 4964.
Formerly RCW 28A.52.080, 28.52.080.]
*Reviser’s note: RCW 28A.315.010 through 28A.315.680 and
28A.315.900 were repealed or recodified by 1999 c 315.
Chapter 28A.540
Chapter 28A.540 RCW
CAPITAL FUND AID BY
NONHIGH SCHOOL DISTRICTS
Sections
28A.540.010 High school facilities defined.
28A.540.020 Plan for nonhigh district to provide capital funds in aid of
high school district.
28A.540.030 Factors to be considered in preparation of plan.
28A.540.040 Public hearing—Notice.
28A.540.050 Review by superintendent of public instruction—
Approval—Revised plan.
28A.540.060 Bond, excess levy, elections—Use of proceeds.
28A.540.070 Rejection by voters of nonhigh districts—Additional elections—Revised plan—Annexation proposal.
28A.540.080 Failure of nonhigh districts to submit proposal to vote within
time limits—Annexation procedure.
28A.540.090 Nonhigh districts, time of levy and issuance of bonds.
28A.540.100 Validation of proceedings under 1955 act, when.
28A.540.110 Designation of high school district nonhigh district students
shall attend—Effect when attendance otherwise.
28A.540.010 High school facilities defined. High
school facilities shall mean buildings for occupancy by
grades nine through twelve and equipment and furniture for
such buildings and shall include major alteration or major
remodeling of buildings and the acquisition of new sites and
of additions to existing sites, and improvement of sites but
only when included as a part of a general plan for the construction, equipping and furnishing of a building or of an
alteration or addition to a building. The term shall also (1)
include that portion of any building, alteration, equipment,
furniture, site and improvement of site allocated to grade nine
when included in a plan for facilities to be occupied by grades
seven through nine and (2) includes such facilities for grades
seven and eight when included in a plan as aforesaid, if the
regional committee on school district organization finds that
students of these grades who reside in any nonhigh school
districts involved are now attending school in the high school
district involved under an arrangement which likely will be
continued. [1985 c 385 § 31; 1969 ex.s. c 223 § 28A.56.005.
Prior: 1959 c 262 § 2. Formerly RCW 28A.56.005,
28.56.005.]
28A.540.010
Additional notes found at www.leg.wa.gov
28A.540.020 Plan for nonhigh district to provide capital funds in aid of high school district. Upon receipt of a
written request from the board of directors of a high school
district or a nonhigh school district that presents to the
regional committee on school district organization satisfactory evidence of a need for high school facilities to be located
therein and of ability to provide such facilities, the regional
committee shall prepare a plan for participation by any nonhigh school district or districts in providing capital funds to
pay the costs of such school facilities and equipment to be
provided for the education of students residing in the school
districts. Prior to submission of the aforesaid request the
board of directors of the school district concerned therewith
28A.540.020
[Title 28A RCW—page 253]
28A.540.030
Title 28A RCW: Common School Provisions
shall determine the nature and extent of the high school facilities proposed to be provided, the approximate amount of
local capital funds required to pay the cost thereof, and the
site or sites upon which the proposed facilities are to be
located, and shall submit a report thereon to the regional
committee along with the aforesaid request. [1985 c 385 §
32; 1969 ex.s. c 223 § 28A.56.010. Prior: 1959 c 262 § 1;
1955 c 344 § 1; 1953 c 229 § 1. Formerly RCW 28A.56.010,
28.56.010.]
Additional notes found at www.leg.wa.gov
28A.540.030 Factors to be considered in preparation
of plan. The regional committee on school district organization shall give consideration to:
(1) The report submitted by the board of directors as
stated above;
(2) The exclusion from the plan of nonhigh school districts because of remoteness or isolation or because they are
so situated with respect to location, present and/or clearly
foreseeable future population, and other pertinent factors as
to warrant the establishment of a high school therein within a
period of two years or the inclusion of their territory in some
other nonhigh school district within which the establishment
of a high school within a period of two years is warranted;
(3) The assessed valuation of the school districts
involved;
(4) The cash balance, if any, in the capital projects fund
of the district submitting the request which is designated for
high school building construction purposes, together with the
sources of such balance; and
(5) Any other factors found by the committee to have a
bearing on the preparation of an equitable plan. [1985 c 385
§ 33; 1985 c 7 § 91; 1969 ex.s. c 223 § 28A.56.020. Prior:
1959 c 262 § 3; 1955 c 344 § 2; 1953 c 229 § 2. Formerly
RCW 28A.56.020, 28.56.020.]
28A.540.030
Additional notes found at www.leg.wa.gov
28A.540.040 Public hearing—Notice. The regional
committee on school district organization shall also hold a
public hearing or hearings on any proposed plan: PROVIDED, That three members of the committee or two members of the committee and the educational service district
superintendent, or his or her designee, may be designated by
the committee to hold such public hearing or hearings and to
submit a report thereof to the regional committee. The
regional committee shall cause to be posted, at least ten days
prior to the date appointed for any such hearing, a written or
printed notice thereof in at least three prominent and public
places in the school districts involved and at the place of
hearing. [1985 c 385 § 34; 1975 1st ex.s. c 275 § 74; 1971 c
48 § 21; 1969 ex.s. c 223 § 28A.56.030. Prior: 1959 c 262 §
4; 1955 c 344 § 3; 1953 c 229 § 3. Formerly RCW
28A.56.030, 28.56.030.]
28A.540.040
Additional notes found at www.leg.wa.gov
28A.540.050 Review by superintendent of public
instruction—Approval—Revised plan. Subsequent to the
holding of a hearing or hearings as provided in RCW
28A.540.040, the regional committee on school district organization shall determine the nonhigh school districts to be
28A.540.050
[Title 28A RCW—page 254]
included in the plan and the amount of capital funds to be provided by every school district included therein, and shall submit the proposed plan to the superintendent of public instruction together with such maps and other materials pertaining
thereto as the superintendent may require. The superintendent, considering policy recommendations from the school
facilities citizen advisory panel under RCW 28A.525.025,
shall review such plan, shall approve any plan which in his or
her judgment makes adequate and satisfactory provision for
participation by the nonhigh school districts in providing capital funds to be used for the purpose above stated, and shall
notify the regional committee of such action. Upon receipt
by the regional committee of such notification, the educational service district superintendent, or his or her designee,
shall notify the board of directors of each school district
included in the plan, supplying each board with complete
details of the plan and shall state the total amount of funds to
be provided and the amount to be provided by each district.
If any such plan submitted by a regional committee is not
approved by the superintendent of public instruction, the
regional committee shall be so notified, which notification
shall contain a statement of reasons therefor and suggestions
for revision. Within sixty days thereafter the regional committee shall submit to the superintendent a revised plan which
revision shall be subject to approval or disapproval by the
superintendent, considering policy recommendations from
the school facilities citizen advisory panel, and the procedural
requirements and provisions of law applicable to an original
plan submitted to the superintendent. [2006 c 263 § 324;
1990 c 33 § 485; 1985 c 385 § 35; 1975 1st ex.s. c 275 § 75;
1971 c 48 § 22; 1969 ex.s. c 223 § 28A.56.040. Prior: 1959
c 262 § 5; 1955 c 344 § 4; 1953 c 229 § 4. Formerly RCW
28A.56.040, 28.56.040.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.540.060 Bond, excess levy, elections—Use of
proceeds. Within sixty days after receipt of the notice of
approval from the educational service district superintendent,
the board of directors of each school district included in the
plan shall submit to the voters thereof a proposal or proposals
for providing, through the issuance of bonds and/or the
authorization of an excess tax levy, the amount of capital
funds that the district is required to provide under the plan.
The proceeds of any such bond issue and/or excess tax levy
shall be credited to the capital projects fund of the school district in which the proposed high school facilities are to be
located and shall be expended to pay the cost of high school
facilities for the education of such students residing in the
school districts as are included in the plan and not otherwise.
[1985 c 7 § 92; 1975 1st ex.s. c 275 § 76; 1971 c 48 § 23;
1969 ex.s. c 223 § 28A.56.050. Prior: 1959 c 262 § 6; 1955 c
344 § 5; 1953 c 229 § 5. Formerly RCW 28A.56.050,
28.56.050.]
28A.540.060
Additional notes found at www.leg.wa.gov
28A.540.070 Rejection by voters of nonhigh districts—Additional elections—Revised plan—Annexation
proposal. In the event that a proposal or proposals for pro28A.540.070
(2010 Ed.)
Payment to High School Districts
viding capital funds as provided in RCW 28A.540.060 is not
approved by the voters of a nonhigh school district a second
election thereon shall be held within sixty days thereafter. If
the vote of the electors of the nonhigh school district is again
in the negative, the high school students residing therein shall
not be entitled to admission to the high school under the provisions of RCW 28A.225.210, following the close of the
school year during which the second election is held: PROVIDED, That in any such case the regional committee on
school district organization shall determine within thirty days
after the date of the aforesaid election the advisability of initiating a proposal for annexation of such nonhigh school district to the school district in which the proposed facilities are
to be located or to some other district where its students can
attend high school without undue inconvenience: PROVIDED FURTHER, That pending such determination by the
regional committee and action thereon as required by law the
board of directors of the high school district shall continue to
admit high school students residing in the nonhigh school
district. Any proposal for annexation of a nonhigh school
district initiated by a regional committee shall be subject to
the procedural requirements of this chapter respecting a public hearing and submission to and approval by the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel under
RCW 28A.525.025. Upon approval by the superintendent of
public instruction of any such proposal, the educational service district superintendent shall make an order, establishing
the annexation. [2006 c 263 § 329; 1990 c 33 § 486; 1985 c
385 § 36; 1975 1st ex.s. c 275 § 77; 1971 c 48 § 24; 1969 ex.s.
c 223 § 28A.56.060. Prior: 1959 c 262 § 7; 1955 c 344 § 6;
1953 c 229 § 6. Formerly RCW 28A.56.060, 28.56.060.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.540.080
28A.540.080 Failure of nonhigh districts to submit
proposal to vote within time limits—Annexation procedure. In case of failure or refusal by a board of directors of a
nonhigh school district to submit a proposal or proposals to a
vote of the electors within the time limit specified in RCW
28A.540.060 and 28A.540.070, the regional committee on
school district reorganization may initiate a proposal for
annexation of such nonhigh school district as provided for in
RCW 28A.540.070. [1990 c 33 § 487; 1985 c 385 § 37; 1969
ex.s. c 223 § 28A.56.070. Prior: 1959 c 262 § 8; 1955 c 344
§ 7; 1953 c 229 § 7. Formerly RCW 28A.56.070, 28.56.070.]
Additional notes found at www.leg.wa.gov
28A.540.090
28A.540.090 Nonhigh districts, time of levy and issuance of bonds. If the voters of a nonhigh school district
approve an excess tax levy, the levy shall be made at the earliest time permitted by law. If the voters of a nonhigh school
district approve the issuance of bonds, the board of directors
of the nonhigh school district shall issue and sell said bonds
within ninety days after receiving a copy of a resolution of
the board of directors of the high school district that the high
school district is ready to proceed with the construction of the
high school facilities provided for in the plan and requesting
(2010 Ed.)
28A.545.010
the sale of the bonds. [1969 ex.s. c 223 § 28A.56.075. Prior:
1959 c 262 § 9. Formerly RCW 28A.56.075, 28.56.075.]
28A.540.100 Validation of proceedings under 1955
act, when. All proceedings had and taken under chapter 344,
Laws of 1955, shall be valid and binding although not in
compliance with that act if said proceedings comply with the
requirements of this chapter. [1969 ex.s. c 223 § 28A.56.170.
Prior: 1959 c 262 § 11. Formerly RCW 28A.56.170,
28.56.170.]
28A.540.100
28A.540.110 Designation of high school district nonhigh district students shall attend—Effect when attendance otherwise. (1) In cases where high school students
resident in a nonhigh school district are to be educated in a
high school district, the board of directors of the nonhigh
school district shall, by mutual agreement with the serving
district(s), designate the serving high school district or districts which its high school students shall attend. A nonhigh
school district shall designate a district as a serving high
school district when more than thirty-three and one-third percent of the high school students residing within the boundaries of the nonhigh school district are enrolled in the serving
district.
(2) Students residing in a nonhigh school district shall be
allowed to attend a high school other than in the designated
serving district referred to in subsection (1) of this section,
however the nonhigh school board of directors shall not be
required to contribute to building programs in any such high
school district. Contribution shall be made only to those districts which are designated as serving high school districts at
the time the county auditor is requested by the high school
district to place a measure on the ballot regarding a proposal
or proposals for the issuance of bonds or the authorization of
an excess tax levy to provide capital funds for building programs. The nonhigh school district shall be subject to the capital fund aid provisions contained in this chapter with respect
to the designated high school serving district(s). [1989 c 321
§ 4; 1981 c 239 § 1. Formerly RCW 28A.56.200.]
28A.540.110
Chapter 28A.545 RCW
PAYMENT TO HIGH SCHOOL DISTRICTS
Chapter 28A.545
Sections
28A.545.010
28A.545.020
28A.545.030
28A.545.040
28A.545.050
28A.545.060
28A.545.070
28A.545.080
28A.545.090
28A.545.100
28A.545.110
28A.545.120
School district divisions—High and nonhigh.
Reimbursement not a tuition charge.
Purposes.
"Student residing in a nonhigh school district" defined.
Amounts due from nonhigh districts.
Enrollment data for computation of amounts due.
Superintendent’s annual determination of estimated amount
due—Process.
Estimated amount due paid in May and November installments.
Assessing nonhigh school lesser amount—Notice of.
Amount due reflects cost of education and transportation of
students.
Rules to effect purposes and implement provisions.
New programs or grades—Approval—Rules.
Exemptions: State Constitution Art. 7 § 1 (Amendment 14).
28A.545.010 School district divisions—High and
nonhigh. For the purposes of this chapter all school districts
in the state of Washington shall be and the same are hereby
28A.545.010
[Title 28A RCW—page 255]
28A.545.020
Title 28A RCW: Common School Provisions
divided into two divisions to be known and designated
respectively as high school districts and nonhigh school districts. [1983 c 3 § 31; 1969 ex.s. c 223 § 28A.44.045. Prior:
1917 c 21 § 1; RRS § 4710. Formerly RCW 28A.44.045,
28.44.045, 28.01.040, part.]
28A.545.020 Reimbursement not a tuition charge.
The reimbursement of a high school district for cost of educating high school pupils for a nonhigh school district, as provided for in this chapter, shall not be deemed a tuition charge
as affecting the apportionment of current state school funds.
[1983 c 3 § 32; 1969 ex.s. c 223 § 28A.44.095. Prior: 1917 c
21 § 11; RRS § 4720. Formerly RCW 28A.44.095,
28.44.095.]
28A.545.020
28A.545.030 Purposes. The purposes of RCW
28A.545.030 through 28A.545.110 and 84.52.0531 are to:
(1) Simplify the annual process of determining and paying the amounts due by nonhigh school districts to high
school districts for educating students residing in a nonhigh
school district;
(2) Provide for a payment schedule that coincides to the
extent practicable with the ability of nonhigh school districts
to pay and the need of high school districts for payment; and
(3) Establish that the maximum amount due per annual
average full-time equivalent student by a nonhigh school district for each school year is no greater than the maintenance
and operation excess tax levy rate per annual average fulltime equivalent student levied upon the taxpayers of the high
school district. [1990 c 33 § 488; 1981 c 264 § 1. Formerly
RCW 28A.44.150.]
28A.545.030
Additional notes found at www.leg.wa.gov
28A.545.040 "Student residing in a nonhigh school
district" defined. The term "student residing in a nonhigh
school district" and its equivalent as used in RCW
28A.545.030 through 28A.545.110 and 84.52.0531 shall
mean any common school age person with or without disabilities who resides within the boundaries of a nonhigh school
district that does not conduct the particular kindergarten
through grade twelve grade which the person has not yet successfully completed and is eligible to enroll in, not including
students enrolled in an innovation academy cooperative
established under RCW 28A.340.080 through 28A.340.090.
[2010 c 99 § 7; 1995 c 77 § 25; 1990 c 33 § 489; 1981 c 264
§ 2. Formerly RCW 28A.44.160.]
28A.545.040
Findings—Intent—2010 c 99: See note following RCW 28A.340.080.
Additional notes found at www.leg.wa.gov
28A.545.050 Amounts due from nonhigh districts.
Each year at such time as the superintendent of public
instruction determines and certifies such maximum allowable
amounts of school district levies under RCW 84.52.0531 he
or she shall also:
(1) Determine the extent to which the estimated amounts
due by nonhigh school districts for the previous school year
exceeded or fell short of the actual amounts due; and
(2) Determine the estimated amounts due by nonhigh
school districts for the current school year and increase or
decrease the same to the extent of overpayments or underpay28A.545.050
[Title 28A RCW—page 256]
ments for the previous school year. [1985 c 341 § 11; 1981 c
264 § 3. Formerly RCW 28A.44.170.]
Additional notes found at www.leg.wa.gov
28A.545.060 Enrollment data for computation of
amounts due. The student enrollment data necessary for the
computation of the annual amounts due by nonhigh school
districts pursuant to RCW 28A.545.030 through
28A.545.110 and 84.52.0531 shall be established as follows:
(1) On or before July tenth preceding the school year, or
such other date as may be established by the superintendent
of public instruction, each high school district superintendent
shall certify to the superintendent of public instruction:
(a) The estimated number of students residing in a nonhigh school district that will be enrolled in the high school
district during the school year which estimate has been mutually agreed upon by the high school district superintendent
and the superintendent of each nonhigh school district in
which one or more of such students resides;
(b) The total estimated number of kindergarten through
twelfth grade annual average full-time equivalent students,
inclusive of nonresident students, that will be enrolled in the
high school district during the school year;
(c) The actual number of annual average full-time equivalent students provided for in subsections (1)(a) and (b) of
this section that were enrolled in the high school district during the regular school term just completed; and
(d) The name, address, and the school district and county
of residence of each student residing in a nonhigh school district reported pursuant to this subsection (1), to the extent the
same can reasonably be established.
(2) In the event the superintendents of a high school district and a nonhigh school district are unable to reach agreement respecting the estimated number of annual average fulltime equivalent students residing in the nonhigh school district that will be enrolled in the high school district during the
school year, the estimate shall be established by the superintendent of public instruction. [1990 c 33 § 490; 1981 c 264 §
4. Formerly RCW 28A.44.180.]
28A.545.060
Additional notes found at www.leg.wa.gov
28A.545.070 Superintendent’s annual determination
of estimated amount due—Process. (1) The superintendent
of public instruction shall annually determine the estimated
amount due by a nonhigh school district to a high school district for the school year as follows:
(a) The total of the high school district’s maintenance
and operation excess tax levy that has been authorized and
determined by the superintendent of public instruction to be
allowable pursuant to RCW 84.52.0531, as now or hereafter
amended, for collection during the next calendar year, shall
first be divided by the total estimated number of annual average full-time equivalent students which the high school district superintendent or the superintendent of public instruction has certified pursuant to RCW 28A.545.060 will be
enrolled in the high school district during the school year;
(b) The result of the calculation provided for in subsection (1)(a) of this section shall then be multiplied by the estimated number of annual average full-time equivalent students residing in the nonhigh school district that will be
28A.545.070
(2010 Ed.)
Students
enrolled in the high school district during the school year
which has been established pursuant to RCW 28A.545.060;
and
(c) The result of the calculation provided for in subsection (1)(b) of this section shall be adjusted upward to the
extent the estimated amount due by a nonhigh school district
for the prior school year was less than the actual amount due
based upon actual annual average full-time equivalent student enrollments during the previous school year and the
actual per annual average full-time equivalent student maintenance and operation excess tax levy rate for the current tax
collection year, of the high school district, or adjusted downward to the extent the estimated amount due was greater than
such actual amount due or greater than such lesser amount as
a high school district may have elected to assess pursuant to
RCW 28A.545.090.
(2) The amount arrived at pursuant to subsection (1)(c)
of this subsection shall constitute the estimated amount due
by a nonhigh school district to a high school district for the
school year. [1990 c 33 § 491; 1981 c 264 § 5. Formerly
RCW 28A.44.190.]
Chapter 28A.600
district pursuant to RCW 28A.545.030 through 28A.545.110
and 84.52.0531, as now or hereafter amended, shall constitute the entire amount which is due by a nonhigh school district for the school year for the education of any and all students with or without disabilities residing in the nonhigh
school district who attend a high school district pursuant to
RCW 28A.225.210, and for the transportation of such students by a high school district. [1995 c 77 § 26; 1990 c 33 §
494; 1983 1st ex.s. c 61 § 7; 1981 c 264 § 8. Formerly RCW
28A.44.220.]
Additional notes found at www.leg.wa.gov
28A.545.110 Rules to effect purposes and implement
provisions. The superintendent of public instruction is
hereby empowered to adopt rules pursuant to chapter 34.05
RCW, as now or hereafter amended, deemed necessary or
advisable by the superintendent to effect the purposes and
implement the provisions of RCW 28A.545.030 through
28A.545.110 and 84.52.0531. [1990 c 33 § 495; 1981 c 264
§ 9. Formerly RCW 28A.44.230.]
28A.545.110
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
28A.545.120 New programs or grades—Approval—
Rules. (1) The superintendent of public instruction, with recommendations from the school facilities citizen advisory
panel under RCW 28A.525.025, shall adopt rules governing
the establishment in any existing nonhigh school district of
any secondary program or any new grades in grades nine
through twelve. Before any such program or any new grades
are established, the district must obtain prior approval of the
superintendent of public instruction.
(2) This section does not apply to innovation academy
cooperatives established under RCW 28A.340.080 through
28A.340.090. [2010 c 99 § 8; 2006 c 263 § 325.]
28A.545.120
28A.545.080 Estimated amount due paid in May and
November installments. The estimated amounts due by
nonhigh school districts as determined pursuant to RCW
28A.545.070 shall be paid in two installments. During the
month of May of the school year for which the amount is due,
each nonhigh school district shall pay to each high school district fifty percent of the total estimated amount due to the
high school district for the school year as determined by the
superintendent of public instruction pursuant to RCW
28A.545.070. The remaining fifty percent shall be paid by
each nonhigh school district to each high school district during the following November. [1990 c 33 § 492; 1981 c 264 §
6. Formerly RCW 28A.44.200.]
28A.545.080
Additional notes found at www.leg.wa.gov
28A.545.090 Assessing nonhigh school lesser
amount—Notice of. Notwithstanding any provision of
RCW 28A.545.050 through 28A.545.080 to the contrary, any
high school district board of directors may elect to assess a
nonhigh school district an amount which is less than that otherwise established by the superintendent of public instruction
pursuant to RCW 28A.545.070 to be due. In the event a high
school district elects to do so, it shall notify both the superintendent of public instruction and the nonhigh school district
of its election and the lesser amount no later than September
first following the school year for which the amount is due. In
the absence of such notification, each nonhigh school district
shall pay the amount otherwise established by the superintendent of public instruction pursuant to RCW 28A.545.070.
[1990 c 33 § 493; 1981 c 264 § 7. Formerly RCW
28A.44.210.]
Findings—Intent—2010 c 99: See note following RCW 28A.340.080.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.545.090
Additional notes found at www.leg.wa.gov
28A.545.100 Amount due reflects cost of education
and transportation of students. Unless otherwise agreed to
by the board of directors of a nonhigh school district, the
amounts which are established as due by a nonhigh school
28A.545.100
(2010 Ed.)
Chapter 28A.600
Chapter 28A.600 RCW
STUDENTS
Sections
28A.600.010 Enforcement of rules of conduct—Due process guarantees—
Computation of days for short-term and long-term suspensions.
28A.600.015 Rules incorporating due process guarantees of pupils—Informal due process procedures for short-term suspension of
students.
28A.600.020 Exclusion of student from classroom—Written disciplinary
procedures—Long-term suspension or expulsion.
28A.600.025 Students’ rights of religious expression—Duty of superintendent of public instruction to inform school districts.
28A.600.030 Grading policies—Option to consider attendance.
28A.600.035 Policies on secondary school access and egress.
28A.600.040 Pupils to comply with rules and regulations.
28A.600.045 Comprehensive guidance and planning programs for students.
28A.600.050 State honors awards program established—Purpose.
28A.600.060 State honors awards program—Areas included.
28A.600.070 State honors awards program—Rules.
28A.600.080 State honors awards program—Materials—Recognition by
business and industry encouraged.
28A.600.100 Washington scholars’ program—Purpose.
28A.600.110 Washington scholars’ program—Established—Scope.
28A.600.120 Washington scholars’ program—Administration—Cooperation with other agencies.
[Title 28A RCW—page 257]
28A.600.010
Title 28A RCW: Common School Provisions
28A.600.130 Washington scholars’ program—Planning committee—
Composition—Duties.
28A.600.140 Washington scholars’ program—Principals’ association to
submit names to board.
28A.600.150 Washington scholars’ program—Selection of scholars and
scholars-alternates—Notification process—Certificates—
Awards ceremony.
28A.600.160 Educational pathways.
28A.600.190 Youth sports—Concussion and head injury guidelines—
Injured athlete restrictions—Short title.
28A.600.200 Interschool athletic and other extracurricular activities for
students—Authority to regulate—Delegation of authority—Conditions.
28A.600.205 Interscholastic activities—Appeals from noneligibility
issues—Appeals committee.
28A.600.210 School locker searches—Findings.
28A.600.220 School locker searches—No expectation of privacy.
28A.600.230 School locker searches—Authorization—Limitations.
28A.600.240 School locker searches—Notice and reasonable suspicion
requirements.
28A.600.280 Dual credit programs—Annual report.
28A.600.285 Dual credit programs—Impact on financial aid eligibility—
Guidelines.
28A.600.290 College in the high school program—Rules.
28A.600.300 Running start program—Definition.
28A.600.310 Running start program—Enrollment in institutions of higher
education—Student fees—Fee waivers—Transmittal of
funds—Report on program financial support.
28A.600.320 Running start program—Information on enrollment.
28A.600.330 Running start program—Maximum terms of enrollment for
high school credit.
28A.600.340 Running start program—Enrolled students not displaced.
28A.600.350 Running start program—Enrollment for secondary and postsecondary credit.
28A.600.360 Running start program—Enrollment in postsecondary institution—Determination of high school credits—Application toward graduation requirements.
28A.600.370 Running start program—Postsecondary credit.
28A.600.380 Running start program—School district not responsible for
transportation.
28A.600.385 Running start program—Cooperative agreements with community colleges in Oregon and Idaho.
28A.600.390 Running start program—Rules.
28A.600.400 Running start program—Existing agreements not affected.
28A.600.405 Participation in high school completion pilot program—Eligible students—Funding allocations—Rules—Information for students and parents.
28A.600.410 Alternatives to suspension—Encouraged.
28A.600.420 Firearms on school premises, transportation, or facilities—
Penalty—Exemptions.
28A.600.455 Gang activity—Suspension or expulsion.
28A.600.460 Classroom discipline—Policies—Classroom placement of
student offenders—Data on disciplinary actions.
28A.600.475 Exchange of information with law enforcement and juvenile
court officials—Notification of parents and students.
28A.600.480 Reporting of harassment, intimidation, or bullying—Retaliation prohibited—Immunity.
Uniform minor student capacity to borrow act: Chapter 26.30 RCW.
28A.600.010 Enforcement of rules of conduct—Due
process guarantees—Computation of days for short-term
and long-term suspensions. Every board of directors,
unless otherwise specifically provided by law, shall:
(1) Enforce the rules prescribed by the superintendent of
public instruction for the government of schools, pupils, and
certificated employees.
(2) Adopt and make available to each pupil, teacher and
parent in the district reasonable written rules regarding pupil
conduct, discipline, and rights, including but not limited to
short-term suspensions as referred to in RCW 28A.600.015
and suspensions in excess of ten consecutive days. Such
rules shall not be inconsistent with any of the following: Federal statutes and regulations, state statutes, common law, and
the rules of the superintendent of public instruction. The
board’s rules shall include such substantive and procedural
due process guarantees as prescribed by the superintendent of
28A.600.010
[Title 28A RCW—page 258]
public instruction under RCW 28A.600.015. When such
rules are made available to each pupil, teacher, and parent,
they shall be accompanied by a detailed description of rights,
responsibilities, and authority of teachers and principals with
respect to the discipline of pupils as prescribed by state statutory law, the superintendent of public instruction, and the
rules of the school district.
For the purposes of this subsection, computation of days
included in "short-term" and "long-term" suspensions shall
be determined on the basis of consecutive school days.
(3) Suspend, expel, or discipline pupils in accordance
with RCW 28A.600.015. [2006 c 263 § 901; 1997 c 265 § 4;
1990 c 33 § 496; 1979 ex.s. c 173 § 2; 1975-’76 2nd ex.s. c 97
§ 2; 1975 1st ex.s. c 254 § 1; 1971 ex.s. c 268 § 1; 1969 ex.s.
c 223 § 28A.58.101. Prior: 1969 c 53 § 1, part; 1967 ex.s. c
29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part;
1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part;
1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part.
Formerly RCW 28A.58.101, 28.58.100(2), (6).]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.600.015 Rules incorporating due process guarantees of pupils—Informal due process procedures for
short-term suspension of students. (1) The superintendent
of public instruction shall adopt and distribute to all school
districts lawful and reasonable rules prescribing the substantive and procedural due process guarantees of pupils in the
common schools. Such rules shall authorize a school district
to use informal due process procedures in connection with
the short-term suspension of students to the extent constitutionally permissible: PROVIDED, That the superintendent
of public instruction deems the interest of students to be adequately protected. When a student suspension or expulsion is
appealed, the rules shall authorize a school district to impose
the suspension or expulsion temporarily after an initial hearing for no more than ten consecutive school days or until the
appeal is decided, whichever is earlier. Any days that the student is temporarily suspended or expelled before the appeal is
decided shall be applied to the term of the student suspension
or expulsion and shall not limit or extend the term of the student suspension or expulsion.
(2) Short-term suspension procedures may be used for
suspensions of students up to and including, ten consecutive
school days. [2006 c 263 § 701; 1996 c 321 § 2; 1975-’76
2nd ex.s. c 97 § 1; 1971 ex.s. c 268 § 2. Formerly RCW
28A.305.160, 28A.04.132.]
28A.600.015
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.600.020 Exclusion of student from classroom—
Written disciplinary procedures—Long-term suspension
or expulsion. (1) The rules adopted pursuant to RCW
28A.600.010 shall be interpreted to ensure that the optimum
learning atmosphere of the classroom is maintained, and that
the highest consideration is given to the judgment of qualified certificated educators regarding conditions necessary to
maintain the optimum learning atmosphere.
(2) Any student who creates a disruption of the educational process in violation of the building disciplinary stan28A.600.020
(2010 Ed.)
Students
dards while under a teacher’s immediate supervision may be
excluded by the teacher from his or her individual classroom
and instructional or activity area for all or any portion of the
balance of the school day, or up to the following two days, or
until the principal or designee and teacher have conferred,
whichever occurs first. Except in emergency circumstances,
the teacher first must attempt one or more alternative forms
of corrective action. In no event without the consent of the
teacher may an excluded student return to the class during the
balance of that class or activity period or up to the following
two days, or until the principal or his or her designee and the
teacher have conferred.
(3) In order to preserve a beneficial learning environment for all students and to maintain good order and discipline in each classroom, every school district board of directors shall provide that written procedures are developed for
administering discipline at each school within the district.
Such procedures shall be developed with the participation of
parents and the community, and shall provide that the
teacher, principal or designee, and other authorities designated by the board of directors, make every reasonable
attempt to involve the parent or guardian and the student in
the resolution of student discipline problems. Such procedures shall provide that students may be excluded from their
individual classes or activities for periods of time in excess of
that provided in subsection (2) of this section if such students
have repeatedly disrupted the learning of other students. The
procedures must be consistent with the rules of the superintendent of public instruction and must provide for early
involvement of parents in attempts to improve the student’s
behavior.
(4) The procedures shall assure, pursuant to RCW
28A.400.110, that all staff work cooperatively toward consistent enforcement of proper student behavior throughout each
school as well as within each classroom.
(5) A principal shall consider imposing long-term suspension or expulsion as a sanction when deciding the appropriate disciplinary action for a student who, after July 27,
1997:
(a) Engages in two or more violations within a three-year
period of RCW 9A.46.120, 28A.320.135, 28A.600.455,
28A.600.460, 28A.635.020, 28A.600.020, 28A.635.060,
9.41.280, or 28A.320.140; or
(b) Engages in one or more of the offenses listed in RCW
13.04.155.
The principal shall communicate the disciplinary action
taken by the principal to the school personnel who referred
the student to the principal for disciplinary action. [2006 c
263 § 706; 1997 c 266 § 11; 1990 c 33 § 497; 1980 c 171 § 1;
1972 ex.s. c 142 § 5. Formerly RCW 28A.58.1011.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.600.025 Students’ rights of religious expression—Duty of superintendent of public instruction to
inform school districts. (1) The First Amendment to the
United States Constitution, and Article I, sections 5 and 11 of
the Washington state Constitution guarantee that students
retain their rights of free speech and free exercise of religion,
28A.600.025
(2010 Ed.)
28A.600.030
notwithstanding the student’s enrollment and attendance in a
common school. These rights include, but are not limited to,
the right of an individual student to freely express and incorporate the student’s religious beliefs and opinions where relevant or appropriate in any and all class work, homework,
evaluations or tests. School personnel may not grade the class
work, homework, evaluation, or test on the religious expression but may grade the student’s performance on scholastic
content such as spelling, sentence structure, and grammar,
and the degree to which the student’s performance reflects
the instruction and objectives established by the school personnel. School personnel may not subject an individual student who expresses religious beliefs or opinions in accordance with this section to any form of retribution or negative
consequence and may not penalize the student’s standing,
evaluations, or privileges. An employee of the school district
may not censure a student’s expression of religious beliefs or
opinions, when relevant or appropriate, in any class work,
homework, evaluations or tests, extracurricular activities, or
other activities under the sponsorship or auspices of the
school district.
(2) This section is not intended to impose any limit on
the exchange of ideas in the common schools of this state. No
officer, employee, agent, or contractor of a school district
may impose his or her religious beliefs on any student in class
work, homework, evaluations or tests, extracurricular activities, or other activities under the auspices of the school district.
(3) The superintendent of public instruction shall distribute to the school districts information about laws governing
students’ rights of religious expression in school. [1998 c
131 § 2.]
Findings—1998 c 131: "The legislature recognizes the right of free
speech and freedom of religion as guaranteed through the First Amendment
to the United States Constitution and Article I, sections 5 and 11 of the
Washington state Constitution and that these rights extend to students
enrolled in the common schools of our state.
The legislature also recognizes that students may choose to exercise
these rights, as protected under the law, in response to the challenges of academic pursuit. While the legislature upholds the rights of students to freely
express their religious beliefs and right of free speech, it also holds firmly
that it is not the role of education to solicit student responses that force students to reveal, analyze, or critique their religious beliefs." [1998 c 131 § 1.]
28A.600.030
28A.600.030 Grading policies—Option to consider
attendance. Each school district board of directors may
establish student grading policies which permit teachers to
consider a student’s attendance in determining the student’s
overall grade or deciding whether the student should be
granted or denied credit. Such policies shall take into consideration the circumstances pertaining to the student’s inability
to attend school. However, no policy shall be adopted
whereby a grade shall be reduced or credit shall be denied for
disciplinary reasons only, rather than for academic reasons,
unless due process of law is provided as set forth by the
superintendent of public instruction under RCW
28A.600.015. [2006 c 263 § 707; 1990 c 33 § 498; 1984 c
278 § 7. Formerly RCW 28A.58.195.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 259]
28A.600.035
Title 28A RCW: Common School Provisions
28A.600.035 Policies on secondary school access and
egress. School district boards of directors shall review
school district policies regarding access and egress by students from secondary school grounds during school hours.
Each school district board of directors shall adopt a policy
specifying any restrictions on students leaving secondary
school grounds during school hours. [1995 c 312 § 82.]
28A.600.035
Additional notes found at www.leg.wa.gov
28A.600.040 Pupils to comply with rules and regulations. All pupils who attend the common schools shall comply with the rules and regulations established in pursuance of
the law for the government of the schools, shall pursue the
required course of studies, and shall submit to the authority of
the teachers of such schools, subject to such disciplinary or
other action as the local school officials shall determine.
[1969 ex.s. c 223 § 28A.58.200. Prior: 1909 c 97 p 263 § 6;
RRS § 4690; prior: 1897 c 118 § 69; 1890 p 372 § 48. Formerly RCW 28A.58.200, 28.58.200.]
28A.600.040
28A.600.045 Comprehensive guidance and planning
programs for students. (1) The legislature encourages each
middle school, junior high school, and high school to implement a comprehensive guidance and planning program for all
students. The purpose of the program is to support students
as they navigate their education and plan their future; encourage an ongoing and personal relationship between each student and an adult in the school; and involve parents in students’ educational decisions and plans.
(2) A comprehensive guidance and planning program is
a program that contains at least the following components:
(a) A curriculum intended to provide the skills and
knowledge students need to select courses, explore options,
plan for their future, and take steps to implement their plans.
The curriculum may include such topics as analysis of students’ test results; diagnostic assessments of students’ academic strengths and weaknesses; use of assessment results in
developing students’ short-term and long-term plans; assessments of student interests and aptitude; goal-setting skills;
planning for high school course selection; independent living
skills; exploration of options and opportunities for career and
technical education at the secondary and postsecondary level;
exploration of career opportunities in emerging and
high-demand programs including apprenticeships; and postsecondary options and how to access them;
(b) Regular meetings between each student and a teacher
who serves as an advisor throughout the student’s enrollment
at the school;
(c) Student-led conferences with the student’s parents,
guardians, or family members and the student’s advisor for
the purpose of demonstrating the student’s accomplishments;
identifying weaknesses; planning and selecting courses; and
setting long-term goals; and
(d) Data collection that allows schools to monitor students’ progress.
(3) Subject to funds appropriated for this purpose, the
office of the superintendent of public instruction shall provide support for comprehensive guidance and planning programs in public schools, including providing ongoing development and improvement of the curriculum described in sub28A.600.045
[Title 28A RCW—page 260]
section (2) of this section. [2008 c 170 § 303; 2006 c 117 §
2.]
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
Intent—2006 c 117: "The legislature recognizes that there are specific
skills and a body of knowledge that each student needs to chart a course
through middle school, high school, and posthigh school options. Each student needs active involvement from parents and at least one supportive adult
in the school who knows the student well and cares about the student’s
progress and future. Students, parents, and teachers also need the benefit of
immediate feedback and accurate diagnosis of students’ academic strengths
and weaknesses to inform the students’ short-term and long-term plans. To
empower and motivate all students and parents to take a greater role in charting the students’ own educational experiences, the legislature intends to
strengthen schools’ guidance and planning programs." [2006 c 117 § 1.]
28A.600.050 State honors awards program established—Purpose. The Washington state honors awards program is hereby established for the purpose of promoting academic achievement among high school students enrolled in
public or approved private high schools by recognizing outstanding achievement of students in academic core subjects.
This program shall be voluntary on the part of each school
district and each student enrolled in high school. [1985 c 62
§ 1. Formerly RCW 28A.03.440.]
28A.600.050
Washington scholars’ program: RCW 28A.600.100 through 28A.600.150.
28A.600.060 State honors awards program—Areas
included. The recipients of the Washington state honors
awards shall be selected based on student achievement in
both verbal and quantitative areas, as measured by a test or
tests of general achievement selected by the superintendent
of public instruction, and shall include student performance
in the academic core areas of English, mathematics, science,
social studies, and languages other than English, which may
be American Indian languages. The performance level in
such academic core subjects shall be determined by grade
point averages, numbers of credits earned, and courses
enrolled in during the beginning of the senior year. [1993 c
371 § 4; 1991 c 116 § 22; 1985 c 62 § 2. Formerly RCW
28A.03.442.]
28A.600.060
28A.600.070 State honors awards program—Rules.
The superintendent of public instruction shall adopt rules for
the establishment and administration of the Washington state
honors awards program. The rules shall establish: (1) The
test or tests of general achievement that are used to measure
verbal and quantitative achievement, (2) academic subject
performance levels, (3) timelines for participating school districts to notify students of the opportunity to participate, (4)
procedures for the administration of the program, and (5) the
procedures for providing the appropriate honors award designation. [1991 c 116 § 23; 1985 c 62 § 3. Formerly RCW
28A.03.444.]
28A.600.070
28A.600.080 State honors awards program—Materials—Recognition by business and industry encouraged.
The superintendent of public instruction shall provide participating high schools with the necessary materials for conferring honors. The superintendent of public instruction shall
require participating high schools to encourage local representatives of business and industry to recognize students in
28A.600.080
(2010 Ed.)
Students
their communities who receive an honors designation based
on the Washington state honors awards program. [1985 c 62
§ 4. Formerly RCW 28A.03.446.]
28A.600.100 Washington scholars’ program—Purpose. Each year high schools in the state of Washington
graduate a significant number of students who have distinguished themselves through outstanding academic achievem e nt. T h e pu r po s e o f RC W 28 A.6 00 . 10 0 thr o u gh
28A.600.150 is to establish a consistent and uniform program
which will recognize and honor the accomplishments of these
students; encourage and facilitate privately funded scholarship awards among them; stimulate the recruitment of outstanding students to Washington public and private colleges
and universities; and allow educational and legislative leaders, as well as the governor, to reaffirm the importance of
educational excellence to the future of this state. [1990 c 33
§ 499; 1985 c 341 § 14; 1981 c 54 § 1. Formerly RCW
28A.58.820.]
28A.600.100
State honors awards program: RCW 28A.600.050 through 28A.600.080.
Waiver of tuition and fees for recipients of the Washington scholars award:
RCW 28B.15.543.
Additional notes found at www.leg.wa.gov
28A.600.110 Washington scholars’ program—
Established—Scope. There is established by the legislature
of the state of Washington the Washington state scholars program. The purposes of this program annually are to:
(1) Provide for the selection of three seniors residing in
each legislative district in the state graduating from high
schools who have distinguished themselves academically
among their peers, except that during fiscal year 2007, no
more than two seniors plus one alternate may be selected.
(2) Maximize public awareness of the academic achievement, leadership ability, and community contribution of
Washington state public and private high school seniors
through appropriate recognition ceremonies and events at
both the local and state level.
(3) Provide a listing of the Washington scholars to all
Washington state public and private colleges and universities
to facilitate communication regarding academic programs
and scholarship availability.
(4) Make available a state level mechanism for utilization of private funds for scholarship awards to outstanding
high school seniors.
(5) Provide, on written request and with student permission, a listing of the Washington scholars to private scholarship selection committees for notification of scholarship
availability.
(6) Permit a waiver of tuition and services and activities
fees as provided for in RCW 28B.15.543 and grants under
RCW 28B.76.660. [2005 c 518 § 915; 2004 c 275 § 46; 1994
c 234 § 4; 1988 c 210 § 4; 1987 c 465 § 1; 1981 c 54 § 2. Formerly RCW 28A.58.822.]
28A.600.110
Severability—Effective date—2005 c 518: See notes following RCW
28A.500.030.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28A.600.150
28A.600.120 Washington scholars’ program—
Administration—Cooperation with other agencies. The
higher education coordinating board shall have the responsibility for administration of the Washington scholars program.
The program will be developed cooperatively with the Washington association of secondary school principals, a voluntary professional association of secondary school principals.
The cooperation of other state agencies and private organizations having interest and responsibility in public and private
education shall be sought for planning assistance. [1985 c
370 § 32; 1981 c 54 § 3. Formerly RCW 28A.58.824.]
28A.600.120
Additional notes found at www.leg.wa.gov
28A.600.130 Washington scholars’ program—Planning committee—Composition—Duties. The higher education coordinating board shall establish a planning committee to develop criteria for screening and selection of the
Washington scholars each year in accordance with RCW
28A.600.110(1). It is the intent that these criteria shall
emphasize scholastic achievement but not exclude such criteria as leadership ability and community contribution in final
selection procedures. The Washington scholars planning
committee shall have members from selected state agencies
and private organizations having an interest and responsibility in education, including but not limited to, the office of
superintendent of public instruction, the council of presidents, the state board for community and technical colleges,
and the Washington friends of higher education. [2006 c 263
§ 916; 1995 1st sp.s. c 5 § 1; 1990 c 33 § 500; 1985 c 370 §
33; 1981 c 54 § 4. Formerly RCW 28A.58.826.]
28A.600.130
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.600.140 Washington scholars’ program—Principals’ association to submit names to board. Each year on
or before March 1st, the Washington association of secondary school principals shall submit to the higher education
coordinating board the names of graduating senior high
school students who have been identified and recommended
to be outstanding in academic achievement by their school
principals based on criteria to be established under RCW
28A.600.130. [1990 c 33 § 501; 1985 c 370 § 34; 1981 c 54
§ 5. Formerly RCW 28A.58.828.]
28A.600.140
Additional notes found at www.leg.wa.gov
28A.600.150 Washington scholars’ program—Selection of scholars and scholars-alternates—Notification
process—Certificates—Awards ceremony. Each year,
three Washington scholars and one Washington scholarsalternate shall be selected from the students nominated under
RCW 28A.600.140, except that during fiscal year 2007, no
more than two scholars plus one alternate may be selected.
The higher education coordinating board shall notify the students so designated, their high school principals, the legislators of their respective districts, and the governor when final
selections have been made.
The board, in conjunction with the governor’s office,
shall prepare appropriate certificates to be presented to the
Washington scholars and the Washington scholars-alternates.
28A.600.150
[Title 28A RCW—page 261]
28A.600.160
Title 28A RCW: Common School Provisions
An awards ceremony at an appropriate time and place shall
be planned by the board in cooperation with the Washington
association of secondary school principals, and with the
approval of the governor. [2005 c 518 § 916; 1999 c 159 § 2;
1985 c 370 § 35; 1981 c 54 § 6. Formerly RCW 28A.58.830.]
Severability—Effective date—2005 c 518: See notes following RCW
28A.500.030.
Findings—Intent—1999 c 159: "The legislature finds that approximately thirty-five percent of the recipients of the Washington scholars award
under RCW 28A.600.100 through 28A.600.150 choose to enroll in an outof-state college and therefore do not use the grants that would have been
available to them under RCW 28B.80.245 had they chosen to attend a college or university in the state of Washington. It is the intent of the legislature
to require high school seniors who are announced as recipients of the Washington scholars award to demonstrate in a timely manner that they will be
using any grants they may receive with their awards to enroll in a college or
university in Washington state during the fall term of the same year in which
they receive the award. Any grants not used by initial recipients should be
awarded to alternate recipients who must also demonstrate in a timely manner that they will be using their grants to enroll in a Washington college or
university in Washington state during the fall term." [1999 c 159 § 1.]
Additional notes found at www.leg.wa.gov
28A.600.160 Educational pathways. Any middle
school, junior high school, or high school using educational
pathways shall ensure that all participating students will continue to have access to the courses and instruction necessary
to meet admission requirements at baccalaureate institutions.
Students shall be allowed to enter the educational pathway of
their choice. Before accepting a student into an educational
pathway, the school shall inform the student’s parent of the
pathway chosen, the opportunities available to the student
through the pathway, and the career objectives the student
will have exposure to while pursuing the pathway. Providing
online access to the information satisfies the requirements of
this section unless a parent or guardian specifically request
[requests] information to be provided in written form. Parents and students dissatisfied with the opportunities available
through the selected educational pathway shall be provided
with the opportunity to transfer the student to any other pathway provided in the school. Schools may not develop educational pathways that retain students in high school beyond the
date they are eligible to graduate, and may not require students who transfer between pathways to complete pathway
requirements beyond the date the student is eligible to graduate. Educational pathways may include, but are not limited
to, programs such as worksite learning, internships, tech
prep, career and technical education, running start, college in
the high school, running start for the trades, and preparation
for technical college, community college, or university education. [2009 c 556 § 14; 2009 c 450 § 6; 1998 c 225 § 2.]
28A.600.160
Reviser’s note: This section was amended by 2009 c 450 § 6 and by
2009 c 556 § 14, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
F ind ing s— Inte nt— 20 09 c 45 0: See n ot e fol l ow i ng RC W
28A.600.280.
28A.600.190 Youth sports—Concussion and head
injury guidelines—Injured athlete restrictions—Short
title. (1)(a) Concussions are one of the most commonly
reported injuries in children and adolescents who participate
in sports and recreational activities. The centers for disease
control and prevention estimates that as many as three mil28A.600.190
[Title 28A RCW—page 262]
lion nine hundred thousand sports-related and recreationrelated concussions occur in the United States each year. A
concussion is caused by a blow or motion to the head or body
that causes the brain to move rapidly inside the skull. The
risk of catastrophic injuries or death are significant when a
concussion or head injury is not properly evaluated and managed.
(b) Concussions are a type of brain injury that can range
from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or
unorganized sport or recreational activity and can result from
a fall or from players colliding with each other, the ground, or
with obstacles. Concussions occur with or without loss of
consciousness, but the vast majority occurs without loss of
consciousness.
(c) Continuing to play with a concussion or symptoms of
head injury leaves the young athlete especially vulnerable to
greater injury and even death. The legislature recognizes
that, despite having generally recognized return to play standards for concussion and head injury, some affected youth
athletes are prematurely returned to play resulting in actual or
potential physical injury or death to youth athletes in the state
of Washington.
(2) Each school district’s board of directors shall work in
concert with the Washington interscholastic activities association to develop the guidelines and other pertinent information and forms to inform and educate coaches, youth athletes,
and their parents and/or guardians of the nature and risk of
concussion and head injury including continuing to play after
concussion or head injury. On a yearly basis, a concussion
and head injury information sheet shall be signed and
returned by the youth athlete and the athlete’s parent and/or
guardian prior to the youth athlete’s initiating practice or
competition.
(3) A youth athlete who is suspected of sustaining a concussion or head injury in a practice or game shall be removed
from competition at that time.
(4) A youth athlete who has been removed from play
may not return to play until the athlete is evaluated by a
licensed health care provider trained in the evaluation and
management of concussion and receives written clearance to
return to play from that health care provider. The health care
provider may be a volunteer. A volunteer who authorizes a
youth athlete to return to play is not liable for civil damages
resulting from any act or omission in the rendering of such
care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
(5) This section may be known and cited as the Zackery
Lystedt law. [2009 c 475 § 2.]
28A.600.200 Interschool athletic and other extracurricular activities for students—Authority to regulate—
Delegation of authority—Conditions. Each school district
board of directors is hereby granted and shall exercise the
authority to control, supervise and regulate the conduct of
interschool athletic activities and other interschool extracurricular activities of an athletic, cultural, social or recreational
nature for students of the district. A board of directors may
delegate control, supervision and regulation of any such
activity to the Washington interscholastic activities association or any other voluntary nonprofit entity and compensate
28A.600.200
(2010 Ed.)
Students
such entity for services provided, subject to the following
conditions:
(1) The voluntary nonprofit entity shall not discriminate
in connection with employment or membership upon its governing board, or otherwise in connection with any function it
performs, on the basis of race, creed, national origin, sex or
marital status;
(2) Any rules and policies applied by the voluntary nonprofit entity which govern student participation in any interschool activity shall be written; and
(3) Such rules and policies shall provide for notice of the
reasons and a fair opportunity to contest such reasons prior to
a final determination to reject a student’s request to participate in or to continue in an interschool activity. Any such
decision shall be considered a decision of the school district
conducting the activity in which the student seeks to participate or was participating and may be appealed pursuant to
RCW 28A.645.010 through 28A.645.030. [2006 c 263 §
904; 1990 c 33 § 502; 1975-’76 2nd ex.s. c 32 § 1. Formerly
RCW 28A.58.125.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
School buses, transport of general public to interscholastic activities—Limitations: RCW 28A.160.100.
28A.600.205 Interscholastic activities—Appeals
from noneligibility issues—Appeals committee. By July 1,
2006, the Washington interscholastic activities association
shall establish a nine-person appeals committee to address
appeals of noneligibility issues. The committee shall be comprised of the secretary from each of the activity districts of
the Washington interscholastic activities association. The
committee shall begin hearing appeals by July 1, 2006. No
committee member may participate in the appeal process if
the member was involved in the activity that was the basis of
the appeal. A decision of the appeals committee may be
appealed to the executive board of the association. [2006 c
263 § 905.]
28A.600.205
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.600.210 School locker searches—Findings. The
legislature finds that illegal drug activity and weapons in
schools threaten the safety and welfare of school children and
pose a severe threat to the state educational system. School
officials need authority to maintain order and discipline in
schools and to protect students from exposure to illegal
drugs, weapons, and contraband. Searches of school-issued
lockers and the contents of those lockers is a reasonable and
necessary tool to protect the interests of the students of the
state as a whole. [1989 c 271 § 244. Formerly RCW
28A.67.300.]
28A.600.210
Additional notes found at www.leg.wa.gov
28A.600.220 School locker searches—No expectation
of privacy. No right nor expectation of privacy exists for any
student as to the use of any locker issued or assigned to a student by a school and the locker shall be subject to search for
illegal drugs, weapons, and contraband as provided in RCW
28A.600.210 through 28A.600.240. [1990 c 33 § 503; 1989
c 271 § 245. Formerly RCW 28A.67.310.]
28A.600.220
(2010 Ed.)
28A.600.280
Additional notes found at www.leg.wa.gov
28A.600.230
28A.600.230 School locker searches—Authorization—Limitations. (1) A school principal, vice principal, or
principal’s designee may search a student, the student’s possessions, and the student’s locker, if the principal, vice principal, or principal’s designee has reasonable grounds to suspect that the search will yield evidence of the student’s violation of the law or school rules. A search is mandatory if there
are reasonable grounds to suspect a student has illegally possessed a firearm in violation of RCW 9.41.280.
(2) Except as provided in subsection (3) of this section,
the scope of the search is proper if the search is conducted as
follows:
(a) The methods used are reasonably related to the objectives of the search; and
(b) Is not excessively intrusive in light of the age and sex
of the student and the nature of the suspected infraction.
(3) A principal or vice principal or anyone acting under
their direction may not subject a student to a strip search or
body cavity search as those terms are defined in RCW
10.79.070. [1999 c 167 § 3; 1989 c 271 § 246. Formerly
RCW 28A.67.320.]
Additional notes found at www.leg.wa.gov
28A.600.240
28A.600.240 School locker searches—Notice and
reasonable suspicion requirements. (1) In addition to the
provisions in RCW 28A.600.230, the school principal, vice
principal, or principal’s designee may search all student lockers at any time without prior notice and without a reasonable
suspicion that the search will yield evidence of any particular
student’s violation of the law or school rule.
(2) If the school principal, vice principal, or principal’s
designee, as a result of the search, develops a reasonable suspicion that a certain container or containers in any student
locker contain evidence of a student’s violation of the law or
school rule, the principal, vice principal, or principal’s designee may search the container or containers according to the
provisions of RCW 28A.600.230(2). [1990 c 33 § 504; 1989
c 271 § 247. Formerly RCW 28A.67.330.]
Additional notes found at www.leg.wa.gov
28A.600.280
28A.600.280 Dual credit programs—Annual report.
(1) The office of the superintendent of public instruction, in
collaboration with the state board for community and technical colleges, the Washington state apprenticeship and training council, the workforce training and education coordinating board, the higher education coordinating board, and the
public baccalaureate institutions, shall report by September 1,
2010, and annually thereafter to the education and higher
education committees of the legislature regarding participation in dual credit programs. The report shall include:
(a) Data about student participation rates and academic
performance including but not limited to running start, college in the high school, tech prep, international baccalaureate,
advanced placement, and running start for the trades;
(b) Data on the total unduplicated head count of students
enrolled in at least one dual credit program course; and
[Title 28A RCW—page 263]
28A.600.285
Title 28A RCW: Common School Provisions
(c) The percentage of students who enrolled in at least
one dual credit program as percent of all students enrolled in
grades nine through twelve.
(2) Data on student participation shall be disaggregated
by race, ethnicity, gender, and receipt of free or reduced-price
lunch. [2009 c 450 § 2.]
Findings—Intent—2009 c 450: "(1) The legislature finds that the
economy of the state of Washington requires a well-prepared workforce. To
meet the need, more Washington students need to be prepared for postsecondary education and training. Further, the personal enrichment and success
of Washington citizens increasingly relies on their ability to use the state’s
postsecondary education and training system. To accomplish those ends, the
legislature desires to increase the number of students who begin earning college credits while still in high school.
(2) The legislature further finds that dual credit programs introduce students to college-level work, provide a jump start on getting a college degree,
and, perhaps most importantly, show students that they can succeed in college. Dual credit programs also provide another avenue of student financial
aid, since many programs are offered for little or no cost to students.
(3) The legislature also finds that students must be provided a choice
when selecting a dual credit program that is right for them. Options should
be available for the student who wants to learn on a college campus and the
student who wants to stay at the high school and take college-level courses.
Options must also be available for the hands-on learner who seeks to complete an apprenticeship program.
(4) The legislature intends to blur the line between high school and college by articulating a vision to dramatically increase participation in dual
credit programs. It is for this reason that the legislature should call on all
education stakeholders to come together to coordinate resources, track outcomes, and improve program availability.
(5) The legislature further intends to provide high schools, colleges,
and universities with a set of tools for growing and coordinating dual credit
programs. Institutions should be given some flexibility in determining the
best methods to secure long-term, ample financial support for these programs, while students should be given some help in offsetting instructional
costs." [2009 c 450 § 1.]
28A.600.285
28A.600.285 Dual credit programs—Impact on
financial aid eligibility—Guidelines. The superintendent of
public instruction and the higher education coordinating
board shall develop advising guidelines to assure that students and parents understand that college credits earned in
high school dual credit programs may impact eligibility for
financial aid. [2009 c 450 § 4.]
F ind ing s— Inte nt— 20 09 c 45 0: See n ot e fol l ow i ng RC W
28A.600.280.
28A.600.290
28A.600.290 College in the high school program—
Rules. (1) The superintendent of public instruction, the state
board for community and technical colleges, the higher education coordinating board, and the public baccalaureate institutions shall jointly develop and each adopt rules governing
the college in the high school program. The association of
Washington school principals shall be consulted during the
rules development. The rules shall be written to encourage
the maximum use of the program and may not narrow or limit
the enrollment options.
(2) College in the high school programs shall each be
governed by a local contract between the district and the
institution of higher education, in compliance with the guidelines adopted by the superintendent of public instruction, the
state board for community and technical colleges, and the
public baccalaureate institutions.
(3) The college in the high school program must include
the provisions in this subsection.
[Title 28A RCW—page 264]
(a) The high school and institution of higher education
together shall define the criteria for student eligibility. The
institution of higher education may charge tuition fees to participating students.
(b) School districts shall report no student for more than
one full-time equivalent including college in the high school
courses.
(c) The funds received by the institution of higher education may not be deemed tuition or operating fees and may be
retained by the institution of higher education.
(d) Enrollment information on persons registered under
this section must be maintained by the institution of higher
education separately from other enrollment information and
may not be included in official enrollment reports, nor may
such persons be considered in any enrollment statistics that
would affect higher education budgetary determinations.
(e) A school district must grant high school credit to a
student enrolled in a program course if the student successfully completes the course. If no comparable course is
offered by the school district, the school district superintendent shall determine how many credits to award for the
course. The determination shall be made in writing before
the student enrolls in the course. The credits shall be applied
toward graduation requirements and subject area requirements. Evidence of successful completion of each program
course shall be included in the student’s secondary school
records and transcript.
(f) An institution of higher education must grant college
credit to a student enrolled in a program course if the student
successfully completes the course. The college credit shall
be applied toward general education requirements or major
requirements. If no comparable course is offered by the college, the institution of higher education at which the teacher
of the program course is employed shall determine how many
credits to award for the course and whether the course fulfills
general education or major requirements. Evidence of successful completion of each program course must be included
in the student’s college transcript.
(g) Eleventh and twelfth grade students or students who
have not yet received a high school diploma or its equivalent
and are eligible to be in the eleventh or twelfth grades may
participate in the college in the high school program.
(h) Participating school districts must provide general
information about the college in the high school program to
all students in grades ten, eleven, and twelve and to the parents and guardians of those students.
(i) Full-time and part-time faculty at institutions of
higher education, including adjunct faculty, are eligible to
teach program courses.
(4) The definitions in this subsection apply throughout
this section.
(a) "Institution of higher education" has the meaning in
RCW 28B.10.016 and also includes a public tribal college
located in Washington and accredited by the Northwest commission on colleges and universities or another accrediting
association recognized by the United States department of
education.
(b) "Program course" means a college course offered in a
high school under the college in the high school program.
[2009 c 450 § 3.]
(2010 Ed.)
Students
F ind ing s— Inte nt— 20 09 c 45 0: See n ot e fol l ow i ng RC W
28A.600.280.
28A.600.300 Running start program—Definition.
(1) The program established in this section through RCW
28A.600.400 shall be known as the running start program.
(2) For the purposes of RCW 28A.600.310 through
28A.600.400, "participating institution of higher education"
or "institution of higher education" means:
(a) A community or technical college as defined in RCW
28B.50.030;
(b) A public tribal college located in Washington and
accredited by the northwest commission on colleges and universities or another accrediting association recognized by the
United States department of education; and
(c) Central Washington University, Eastern Washington
University, Washington State University, and The Evergreen
State College, if the institution’s governing board decides to
participate in the program in RCW 28A.600.310 through
28A.600.400. [2009 c 450 § 7; 2005 c 207 § 5; 2002 c 80 §
1; 1994 c 205 § 1; 1990 1st ex.s. c 9 § 401.]
28A.600.300
F ind ing s— Inte nt— 20 09 c 45 0: See n ot e fol l ow i ng RC W
28A.600.280.
Findings—Intent—2005 c 207: "The legislature finds that the dropout
rate of the state’s Native American students is the highest in the state.
Approximately one-half of all Native American high school students drop
out before graduating with a diploma. The legislature also finds that culturally relevant educational opportunities are important contributors to other
efforts to increase the rates of high school graduation for Native American
students. The legislature further finds that the higher education participation
rate for Native American students is the lowest in the state, and that more can
be done to encourage Native American students to pursue higher educational
opportunities. The legislature intends to authorize accredited public tribal
colleges to participate in the running start program for the purposes of reducing the dropout rate of Native American students and encouraging greater
participation rates in higher education." [2005 c 207 § 4.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.310 Running start program—Enrollment in
institutions of higher education—Student fees—Fee waivers—Transmittal of funds—Report on program financial
support. (1) Eleventh and twelfth grade students or students
who have not yet received the credits required for the award
of a high school diploma and are eligible to be in the eleventh
or twelfth grades may apply to a participating institution of
higher education to enroll in courses or programs offered by
the institution of higher education. A student receiving
home-based instruction enrolling in a public high school for
the sole purpose of participating in courses or programs
offered by institutions of higher education shall not be
counted by the school district in any required state or federal
accountability reporting if the student’s parents or guardians
filed a declaration of intent to provide home-based instruction and the student received home-based instruction during
the school year before the school year in which the student
intends to participate in courses or programs offered by the
institution of higher education. Students receiving homebased instruction under chapter 28A.200 RCW and students
attending private schools approved under chapter 28A.195
RCW shall not be required to meet the student learning goals,
obtain a certificate of academic achievement or a certificate
of individual achievement to graduate from high school, or to
28A.600.310
(2010 Ed.)
28A.600.310
master the essential academic learning requirements. However, students are eligible to enroll in courses or programs in
participating universities only if the board of directors of the
student’s school district has decided to participate in the program. Participating institutions of higher education, in consultation with school districts, may establish admission standards for these students. If the institution of higher education
accepts a secondary school pupil for enrollment under this
section, the institution of higher education shall send written
notice to the pupil and the pupil’s school district within ten
days of acceptance. The notice shall indicate the course and
hours of enrollment for that pupil.
(2) In lieu of tuition and fees, as defined in RCW
28B.15.020 and 28B.15.041, running start students shall pay
to the community or technical college all other mandatory
fees as established by each community or technical college;
and all other institutions of higher education operating a running start program may charge technology fees. The fees
charged shall be prorated based on credit load.
(3) The institutions of higher education must make available fee waivers for low-income running start students. Each
institution must establish a written policy for the determination of low-income students before offering the fee waiver.
A student shall be considered low income and eligible for a
fee waiver upon proof that the student is currently qualified to
receive free or reduced-price lunch. Acceptable documentation of low-income status may also include, but is not limited
to, documentation that a student has been deemed eligible for
free or reduced-price lunches in the last five years, or other
criteria established in the institution’s policy.
(4) The pupil’s school district shall transmit to the institution of higher education an amount per each full-time
equivalent college student at statewide uniform rates for
vocational and nonvocational students. The superintendent
of public instruction shall separately calculate and allocate
moneys appropriated for basic education under RCW
28A.150.260 to school districts for purposes of making such
payments and for granting school districts seven percent
thereof to offset program related costs. The calculations and
allocations shall be based upon the estimated statewide
annual average per full-time equivalent high school student
allocations under RCW 28A.150.260, excluding small high
school enhancements, and applicable rules adopted under
chapter 34.05 RCW. The superintendent of public instruction, the higher education coordinating board, and the state
board for community and technical colleges shall consult on
the calculation and distribution of the funds. The funds
received by the institution of higher education from the
school district shall not be deemed tuition or operating fees
and may be retained by the institution of higher education. A
student enrolled under this subsection shall be counted for the
purpose of meeting enrollment targets in accordance with
terms and conditions specified in the omnibus appropriations
act.
(5) The state board for community and technical colleges, in collaboration with the other institutions of higher
education that participate in the running start program and the
office of the superintendent of public instruction, shall identify, assess, and report on alternatives for providing ongoing
and adequate financial support for the program. Such alternatives shall include but are not limited to student tuition,
[Title 28A RCW—page 265]
28A.600.320
Title 28A RCW: Common School Provisions
increased support from local school districts, and reallocation
of existing state financial support among the community and
technical college system to account for differential running
start enrollment levels and impacts. The state board for community and technical colleges shall report the assessment of
alternatives to the governor and to the appropriate fiscal and
policy committees of the legislature by September 1, 2010.
[2009 c 450 § 8; 2005 c 125 § 1; 1994 c 205 § 2; 1993 c 222
§ 1; 1990 1st ex.s. c 9 § 402.]
F ind ing s— Inte nt— 20 09 c 45 0: See n ot e fol l ow i ng RC W
28A.600.280.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Additional notes found at www.leg.wa.gov
28A.600.320 Running start program—Information
on enrollment. A school district shall provide general information about the program to all pupils in grades ten, eleven,
and twelve and the parents and guardians of those pupils,
including information about the opportunity to enroll in the
program through online courses available at community and
technical colleges and other state institutions of higher education and including the college high school diploma options
under RCW 28B.50.535. To assist the district in planning, a
pupil shall inform the district of the pupil’s intent to enroll in
courses at an institution of higher education for credit. Students are responsible for applying for admission to the institution of higher education. [2009 c 524 § 4; 2008 c 95 § 3;
1994 c 205 § 3; 1990 1st ex.s. c 9 § 403.]
28A.600.320
Intent—2009 c 524: See note following RCW 28B.50.535.
Finding—2008 c 95: See note following RCW 28A.300.119.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.330 Running start program—Maximum
terms of enrollment for high school credit. A pupil who
enrolls in an institution of higher education in grade eleven
may not enroll in postsecondary courses under RCW
28A.600.300 through 28A.600.390 for high school credit and
postsecondary credit for more than the equivalent of the
course work for two academic years. A pupil who first enrolls
in an institution of higher education in grade twelve may not
enroll in postsecondary courses under this section for high
school credit and postsecondary credit for more than the
equivalent of the course work for one academic year. [1994
c 205 § 4; 1990 1st ex.s. c 9 § 404.]
28A.600.330
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.340 Running start program—Enrolled students not displaced. Once a pupil has been enrolled in a
postsecondary course or program under RCW 28A.600.300
through 28A.600.400, the pupil shall not be displaced by
another student. [1994 c 205 § 5; 1990 1st ex.s. c 9 § 405.]
28A.600.340
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.350 Running start program—Enrollment
for secondary and postsecondary credit. A pupil may
enroll in a course under RCW 28A.600.300 through
28A.600.350
[Title 28A RCW—page 266]
28A.600.390 for both high school credit and postsecondary
credit. [1994 c 205 § 6; 1990 1st ex.s. c 9 § 406.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.360 Running start program—Enrollment in
postsecondary institution—Determination of high school
credits—Application toward graduation requirements.
A school district shall grant academic credit to a pupil
enrolled in a course for high school credit if the pupil successfully completes the course. If no comparable course is
offered by the school district, the school district superintendent shall determine how many credits to award for the
course. The determination shall be made in writing before the
pupil enrolls in the course. The credits shall be applied
toward graduation requirements and subject area requirements. Evidence of the successful completion of each course
in an institution of higher education shall be included in the
pupil’s secondary school records and transcript. The transcript shall also note that the course was taken at an institution of higher education. [1994 c 205 § 7; 1990 1st ex.s. c 9
§ 407.]
28A.600.360
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.370 Running start program—Postsecondary credit. Any state institution of higher education may
award postsecondary credit for college level academic and
vocational courses successfully completed by a student while
in high school and taken at an institution of higher education.
The state institution of higher education shall not charge a fee
for the award of the credits. [1994 c 205 § 8; 1990 1st ex.s. c
9 § 408.]
28A.600.370
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.380 Running start program—School district not responsible for transportation. Transportation to
and from the institution of higher education is not the responsibility of the school district. [1994 c 205 § 9; 1990 1st ex.s.
c 9 § 409.]
28A.600.380
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.385 Running start program—Cooperative
agreements with community colleges in Oregon and
Idaho. (1) School districts in Washington and community
colleges in Oregon and Idaho may enter into cooperative
agreements under chapter 39.34 RCW for the purpose of
allowing eleventh and twelfth grade students who are
enrolled in the school districts to earn high school and college
credit concurrently.
(2) Except as provided in subsection (3) of this section, if
a school district exercises the authority granted in subsection
(1) of this section, the provisions of RCW 28A.600.310
through 28A.600.360 and 28A.600.380 through 28A.600.400
shall apply to the agreements.
(3) A school district may enter an agreement in which
the community college agrees to accept an amount less than
the statewide uniform rate under *RCW 28A.600.310(2) if
the community college does not charge participating students
28A.600.385
(2010 Ed.)
Students
tuition and fees. A school district may not pay a per-credit
rate in excess of the statewide uniform rate under *RCW
28A.600.310(2).
(4) To the extent feasible, the agreements shall permit
participating students to attend the community college without paying any tuition and fees. The agreements shall not permit the community college to charge participating students
nonresident tuition and fee rates.
(5) The agreements shall ensure that participating students are permitted to enroll only in courses that are transferable to one or more institutions of higher education as defined
in RCW 28B.10.016. [1998 c 63 § 2.]
*Reviser’s note: RCW 28A.600.310 was amended by 2009 c 450 § 8,
changing subsection (2) to subsection (4).
Finding—1998 c 63: "The legislature finds that students may have difficulty attending community college for the purpose of the running start program due to the distance of the nearest community college. In these cases, it
may be more advantageous for students in border counties to attend community colleges in neighboring states. The legislature encourages school districts to pursue interagency agreements with community colleges in neighboring states when it is in the best interests of the student’s educational
progress." [1998 c 63 § 1.]
28A.600.390 Running start program—Rules. The
superintendent of public instruction, the state board for community and technical colleges, and the higher education coordinating board shall jointly develop and adopt rules governing RCW 28A.600.300 through 28A.600.380, if rules are
necessary. The rules shall be written to encourage the maximum use of the program and shall not narrow or limit the
enrollment options under RCW 28A.600.300 through
28A.600.380. [1994 c 205 § 10; 1990 1st ex.s. c 9 § 410.]
28A.600.390
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.400 Running start program—Existing
agreements not affected. RCW 28A.600.300 through
28A.600.390 are in addition to and not intended to adversely
affect agreements between school districts and institutions of
higher education in effect on April 11, 1990, and in the
future. [1994 c 205 § 11; 1990 1st ex.s. c 9 § 412.]
28A.600.400
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.405 Participation in high school completion
pilot program—Eligible students—Funding allocations—
Rules—Information for students and parents. (1) For purposes of this section and RCW 28B.50.534, "eligible student"
means a student who has completed all state and local high
school graduation requirements except the certificate of academic achievement under RCW 28A.655.061 or the certificate of individual achievement under RCW 28A.155.045,
who is less than age twenty-one as of September 1st of the
academic year the student enrolls at a community and technical college under this section, and who meets the following
criteria:
(a) Receives a level 2 (basic) score on the reading and
writing content areas of the high school Washington assessment of student learning;
(b) Has not successfully met state standards on a retake
of the assessment or an alternative assessment;
(c) Has participated in assessment remediation; and
28A.600.405
(2010 Ed.)
28A.600.410
(d) Receives a recommendation to enroll in courses or a
program of study made available under RCW 28B.50.534
from his or her high school principal.
(2) An eligible student may enroll in courses or a program of study made available by a community or technical
college participating in the pilot program created under RCW
28B.50.534 for the purpose of obtaining a high school
diploma.
(3) For eligible students in courses or programs delivered
directly by the community or technical college participating
in the pilot program under RCW 28B.50.534 and only for
enrollment in courses that lead to a high school diploma, the
superintendent of public instruction shall transmit to the colleges participating in the pilot program an amount per each
full-time equivalent college student at statewide uniform
rates. The amount shall be the sum of (a), (b), (c), and (d) of
this subsection, as applicable.
(a) The superintendent shall separately calculate and
allocate moneys appropriated for basic education under RCW
28A.150.260 for purposes of making payments under this
section. The calculations and allocations shall be based upon
the estimated statewide annual average per full-time equivalent high school student allocations under RCW
28A.150.260, excluding small high school enhancements,
and applicable rules adopted under chapter 34.05 RCW.
(b) The superintendent shall allocate an amount equal to
the per funded student state allocation for the learning assistance program under chapter 28A.165 RCW for each fulltime equivalent college student or a pro rata amount for less
than full-time enrollment.
(c) The superintendent shall allocate an amount equal to
the per full-time equivalent student allocation for the student
achievement program under RCW 28A.505.210 for each fulltime equivalent college student or a pro rata amount for less
than full-time enrollment.
(d) For eligible students who meet eligibility criteria for
the state transitional bilingual instruction program under
chapter 28A.180 RCW, the superintendent shall allocate an
amount equal to the per student state allocation for the transitional bilingual instruction program or a pro rata amount for
less than full-time enrollment.
(4) The superintendent may adopt rules establishing
enrollment reporting, recordkeeping, and accounting requirements necessary to ensure accountability for the use of basic
education, learning assistance, and transitional bilingual program funds under this section for the pilot program created
under RCW 28B.50.534.
(5) All school districts in the geographic area of the two
community and technical colleges selected pursuant to section 8, chapter 355, Laws of 2007 to participate in the pilot
program shall provide information about the high school
completion option under RCW 28B.50.534 to students in
grades ten, eleven, and twelve and the parents or guardians of
those students. [2007 c 355 § 4.]
Finding—Intent—2007 c 355: See note following RCW 28B.50.534.
28A.600.410 Alternatives to suspension—Encouraged. School districts are encouraged to find alternatives to
suspension including reducing the length of a student’s suspension conditioned by the commencement of counseling or
28A.600.410
[Title 28A RCW—page 267]
28A.600.420
Title 28A RCW: Common School Provisions
other treatment services. Consistent with current law, the
conditioning of a student’s suspension does not obligate the
school district to pay for the counseling or other treatment
services except for those stipulated and agreed to by the district at the inception of the suspension. [1992 c 155 § 1.]
28A.600.420 Firearms on school premises, transportation, or facilities—Penalty—Exemptions. (1) Any elementary or secondary school student who is determined to
have carried a firearm onto, or to have possessed a firearm
on, public elementary or secondary school premises, public
school-provided transportation, or areas of facilities while
being used exclusively by public schools, shall be expelled
from school for not less than one year under RCW
28A.600.010. The superintendent of the school district, educational service district, or state school for the blind, or the
director of the Washington state center for childhood deafness and hearing loss, or the director’s designee, may modify
the expulsion of a student on a case-by-case basis.
(2) For purposes of this section, "firearm" means a firearm as defined in 18 U.S.C. Sec. 921, and a "firearm" as
defined in RCW 9.41.010.
(3) This section shall be construed in a manner consistent
with the individuals with disabilities education act, 20 U.S.C.
Sec. 1401 et seq.
(4) Nothing in this section prevents a public school district, educational service district, the Washington state center
for childhood deafness and hearing loss, or the state school
for the blind if it has expelled a student from such student’s
regular school setting from providing educational services to
the student in an alternative setting.
(5) This section does not apply to:
(a) Any student while engaged in military education
authorized by school authorities in which rifles are used but
not other firearms; or
(b) Any student while involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the rifles of collectors or
instructors are handled or displayed but not other firearms; or
(c) Any student while participating in a rifle competition
authorized by school authorities.
(6) A school district may suspend or expel a student for
up to one year subject to subsections (1), (3), (4), and (5) of
this section, if the student acts with malice as defined under
RCW 9A.04.110 and displays an instrument that appears to
be a firearm, on public elementary or secondary school premises, public school-provided transportation, or areas of
facilities while being used exclusively by public schools.
[2009 c 381 § 31; 1997 c 265 § 5; 1995 c 335 § 304; 1995 c
87 § 2.]
28A.600.420
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Additional notes found at www.leg.wa.gov
28A.600.455 Gang activity—Suspension or expulsion. (1) A student who is enrolled in a public school or an
alternative school may be suspended or expelled if the student is a member of a gang and knowingly engages in gang
activity on school grounds.
(2) "Gang" means a group which: (a) Consists of three
or more persons; (b) has identifiable leadership; and (c) on an
28A.600.455
[Title 28A RCW—page 268]
ongoing basis, regularly conspires and acts in concert mainly
for criminal purposes. [1997 c 266 § 2.]
Findings—Intent—1997 c 266: "The legislature finds that the children
of this state have the right to an effective public education and that both students and educators have the need to be safe and secure in the classroom if
learning is to occur. The legislature also finds, however, that children in
many of our public schools are forced to focus on the threat and message of
violence contained in many aspects of our society and reflected through and
in gang violence activities on school campuses.
The legislature recognizes that the prevalence of weapons, including
firearms and dangerous knives, is an increasing problem that is spreading
rapidly even to elementary schools throughout the state. Gang-related
apparel and regalia compound the problem by easily concealing weapons
that threaten and intimidate students and school personnel. These threats
have resulted in tragic and unnecessary bloodshed over the past two years
and must be eradicated from the system if student and staff security is to be
restored on school campuses. Many educators believe that school dress significantly influences student behavior in both positive and negative ways.
Special school dress up and color days signify school spirit and provide students with a sense of unity. Schools that have adopted school uniforms report
a feeling of togetherness, greater school pride, and better student behavior in
and out of the classroom. This sense of unity provides students with the positive attitudes needed to avert the pressures of gang involvement.
The legislature also recognizes there are other more significant factors
that impact school safety such as the pervasive use of drugs and alcohol in
school. In addition to physical safety zones, schools should also be drug-free
zones that expressly prohibit the sale, use, or possession of illegal drugs on
school property. Students involved in drug-related activity are unable to benefit fully from educational opportunities and are disruptive to the learning
environment of their fellow students. Schools must be empowered to make
decisions that positively impact student learning by eradicating drug use and
possession on their campuses. This flexibility should also be afforded to
schools as they deal with other harmful substance abuse activities engaged in
by their students.
Toward this end, the legislature recognizes the important role of the
classroom teacher who must be empowered to restore discipline and safety
in the classroom. Teachers must have the ability to control the conduct of
students to ensure that their mission of educating students may be achieved.
Disruptive behavior must not be allowed to continue to divert attention, time,
and resources from educational activities.
The legislature therefore intends to define gang-related activities as
criminal behavior disruptive not only to the learning environment but to society as a whole, and to provide educators with the authority to restore order
and safety to the student learning environment, eliminate the influence of
gang activities, and eradicate drug and substance abuse on school campuses,
thus empowering educators to regain control of our classrooms and provide
our students with the best educational opportunities available in our schools.
The legislature also finds that students and school employees have
been subjected to violence such as rapes, assaults, or harassment that has not
been gang or drug-related criminal activity. The legislature intends that all
violence and harassment directed at students and school personnel be eradicated in public schools." [1997 c 266 § 1.]
Additional notes found at www.leg.wa.gov
28A.600.460
28A.600.460 Classroom discipline—Policies—Classroom placement of student offenders—Data on disciplinary actions. (1) School district boards of directors shall
adopt policies that restore discipline to the classroom. Such
policies must provide for at least the following: Allowing
each teacher to take disciplinary action to correct a student
who disrupts normal classroom activities, abuses or insults a
teacher as prohibited by RCW 28A.635.010, willfully disobeys a teacher, uses abusive or foul language directed at a
school district employee, school volunteer, or another student, violates school rules, or who interferes with an orderly
education process. Disciplinary action may include but is not
limited to: Oral or written reprimands; written notification to
parents of disruptive behavior, a copy of which must be provided to the principal.
(2010 Ed.)
Parent Access
(2) A student committing an offense under chapter
9A.36, 9A.40, 9A.46, or 9A.48 RCW when the activity is
directed toward the teacher, shall not be assigned to that
teacher’s classroom for the duration of the student’s attendance at that school or any other school where the teacher is
assigned.
(3) A student who commits an offense under chapter
9A.36, 9A.40, 9A.46, or 9A.48 RCW, when directed toward
another student, may be removed from the classroom of the
victim for the duration of the student’s attendance at that
school or any other school where the victim is enrolled. A
student who commits an offense under one of the chapters
enumerated in this section against a student or another school
employee, may be expelled or suspended.
(4) Nothing in this section is intended to limit the authority of a school under existing law and rules to expel or suspend a student for misconduct or criminal behavior.
(5) All school districts must collect data on disciplinary
actions taken in each school. The information shall be made
available to the public upon request. This collection of data
shall not include personally identifiable information including, but not limited to, a student’s social security number,
name, or address. [1997 c 266 § 9.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.600.475 Exchange of information with law
enforcement and juvenile court officials—Notification of
parents and students. School districts may participate in the
exchange of information with law enforcement and juvenile
court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g.
When directed by court order or pursuant to any lawfully
issued subpoena, a school district shall make student records
and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to
the information. Except as provided in RCW 13.40.480, parents and students shall be notified by the school district of all
such orders or subpoenas in advance of compliance with
them. [1998 c 269 § 11; 1992 c 205 § 120.]
28A.600.475
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
Additional notes found at www.leg.wa.gov
28A.600.480 Reporting of harassment, intimidation,
or bullying—Retaliation prohibited—Immunity. (1) No
school employee, student, or volunteer may engage in
reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying.
(2) A school employee, student, or volunteer who has
witnessed, or has reliable information that a student has been
subjected to, harassment, intimidation, or bullying, whether
verbal or physical, is encouraged to report such incident to an
appropriate school official.
(3) A school employee, student, or volunteer who
promptly reports an incident of harassment, intimidation, or
bullying to an appropriate school official, and who makes this
report in compliance with the procedures in the district’s policy prohibiting bullying, harassment, or intimidation, is
28A.605.030
immune from a cause of action for damages arising from any
failure to remedy the reported incident. [2002 c 207 § 4.]
Findings—2002 c 207: See note following RCW 28A.300.285.
Chapter 28A.605
Chapter 28A.605 RCW
PARENT ACCESS
Sections
28A.605.010 Removing child from school grounds during school hours.
28A.605.020 Parents’ access to classroom or school sponsored activities—
Limitation.
28A.605.030 Student education records—Parental review—Release of
records—Procedure.
28A.605.040 Family, school, and community partnerships—School building spaces.
28A.605.010 Removing child from school grounds
during school hours. The board of directors of each school
district by rule or regulation shall set forth proper procedure
to ensure that each school within their district is carrying out
district policy providing that no child may be removed from
any school grounds or building thereon during school hours
except by a person so authorized by a parent or legal guardian
having legal custody thereof, except that a student may leave
secondary school grounds only in accordance with the school
district’s open campus policy under RCW 28A.600.035.
Such rules shall be applicable to school employees or their
designees who may not remove, cause to be removed, or
allow to be removed, any student from school grounds without authorization from the student’s parent or legal guardian
unless the employee is: The student’s parent, legal guardian,
or immediate family member, a school employee providing
school bus transportation services in accordance with chapter
28A.160 RCW, a school employee supervising an extracurricular activity in which the student is participating and the
employee is providing transportation to or from the activity;
or, the student is in need of emergent medical care, and the
employee is unable to reach the parent for transportation of
the student. School security personnel may remove a student
from school grounds without parental authorization for disciplinary reasons.
Nothing in this section shall be construed to limit
removal of a student from school grounds by any person acting in his or her official capacity in response to a 911 emergency call. [1997 c 411 § 1; 1975 1st ex.s. c 248 § 1. Formerly RCW 28A.58.050.]
28A.605.010
28A.600.480
(2010 Ed.)
28A.605.020 Parents’ access to classroom or school
sponsored activities—Limitation. Every school district
board of directors shall, after following established procedure, adopt a policy assuring parents access to their child’s
classroom and/or school sponsored activities for purposes of
observing class procedure, teaching material, and class conduct: PROVIDED, That such observation shall not disrupt
the classroom procedure or learning activity. [1979 ex.s. c
250 § 8. Formerly RCW 28A.58.053.]
28A.605.020
Additional notes found at www.leg.wa.gov
28A.605.030 Student education records—Parental
review—Release of records—Procedure. The parent or
guardian of a student who is or has been in attendance at a
school has the right to review all education records of the stu28A.605.030
[Title 28A RCW—page 269]
28A.605.040
Title 28A RCW: Common School Provisions
dent. A school may not release the education records of a student without the written consent of the student’s parent or
guardian, except as authorized by RCW 28A.600.475 and the
family educational and privacy rights act of 1974, 20 U.S.C.
Sec. 1232g.
The board of directors of each school district shall establish a procedure for:
(1) Granting the request by a parent or guardian for
access to the education records of his or her child; and
(2) Prohibiting the release of student information without the written consent of the student’s parent or guardian,
after the parent or guardian has been informed what information is being requested, who is requesting the information and
why, and what will be done with the information.
The procedure adopted by the school district must be in
compliance with the family educational and privacy rights act
of 1974, 20 U.S.C. Sec. 1232g. [1997 c 119 § 1.]
Reviser’s note: 1997 c 119 directed that this section be added to chapter 28A.600 RCW. This section has been codified in chapter 28A.605 RCW,
which relates more directly to parent access to student information.
28A.605.040 Family, school, and community partnerships—School building spaces. School districts are
encouraged to strengthen family, school, and community
partnerships by creating spaces in school buildings, if space
is available, where students and families can access the services they need, such as after-school tutoring, dental and
health services, counseling, or clothing and food banks.
[2010 c 235 § 701.]
28A.605.040
Finding—2010 c 235: See note following RCW 28A.405.245.
Chapter 28A.620 RCW
COMMUNITY EDUCATION PROGRAMS
Chapter 28A.620
Sections
28A.620.010
28A.620.020
Purposes.
Restrictions—Classes on parenting skills and child abuse
prevention encouraged.
28A.620.010 Purposes. The purposes of this section
and RCW 28A.620.020 are to:
(1) Provide educational, recreational, cultural, and other
community services and programs through the establishment
of the concept of community education with the community
school serving as the center for such activity;
(2) Promote a more efficient and expanded use of existing school buildings and equipment;
(3) Help provide personnel to work with schools, citizens and with other agencies and groups;
(4) Provide a wide range of opportunities for all citizens
including programs, if resources are available, to promote
parenting skills and promote awareness of the problem of
child abuse and methods to avoid child abuse;
(5) As used in this section, "parenting skills" shall
include: The importance of consistency in parenting; the
value of providing children with a balance of love and firm
discipline; the instruction of children in honesty, morality,
ethics, and respect for the law; and the necessity of preserving and nurturing the family unit; and
(6) Help develop a sense of community in which the citizens cooperate with the public schools and community agen-
cies and groups to resolve their school and community concerns and to recognize that the schools are available for use
by the community day and night, year-round or any time
when the programming will not interfere with the preschool
through grade twelve program. [1990 c 33 § 510. Prior: 1985
c 344 § 1; 1985 c 341 § 12; 1979 ex.s. c 120 § 1. Formerly
RCW 28A.58.246.]
28A.620.020 Restrictions—Classes on parenting
skills and child abuse prevention encouraged. Notwithstanding the provisions of RCW 28B.50.250, 28B.50.530 or
any other law, rule, or regulation, any school district is authorized and encouraged to provide community education programs in the form of instructional, recreational and/or service
programs on a noncredit and nontuition basis, excluding fees
for supplies, materials, or instructor costs, for the purpose of
stimulating the full educational potential and meeting the
needs of the district’s residents of all ages, and making the
fullest use of the district’s school facilities: PROVIDED,
That school districts are encouraged to provide programs for
prospective parents, prospective foster parents, and prospective adoptive parents on parenting skills, violence prevention,
and on the problems of child abuse and methods to avoid
child abuse situations: PROVIDED FURTHER, That community education programs shall be consistent with rules and
regulations promulgated by the state superintendent of public
instruction governing cooperation between common schools,
community college districts, and other civic and governmental organizations which shall have been developed in cooperation with the state board for community and technical colleges and shall be programs receiving the approval of said
superintendent. [1994 sp.s. c 7 § 603; 1985 c 344 § 2; 1979
ex.s. c 120 § 2; 1973 c 138 § 1. Formerly RCW 28A.58.247.]
28A.620.020
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Chapter 28A.623
Chapter 28A.623 RCW
MEAL PROGRAMS
28A.620.010
[Title 28A RCW—page 270]
Sections
28A.623.010 Nonprofit program for elderly—Purpose.
28A.623.020 Nonprofit program for elderly—Authorized—Restrictions.
28A.623.030 Nonprofit program for certain children and students—Conditions and restrictions.
28A.623.010 Nonprofit program for elderly—Purpose. The legislature finds that many elderly persons suffer
dietary deficiencies and malnutrition due to inadequate financial resources, immobility, lack of interest due to isolation
and loneliness, and characteristics of the aging process, such
as physiological, social, and psychological changes which
result in a way of life too often leading to feelings of rejection, abandonment, and despair. There is a real need as a matter of public policy to provide the elderly citizens with adequate nutritionally sound meals, through which their isolation
may be penetrated with the company and the social contacts
of their own. It is the declared purpose of RCW 28A.235.120,
28A.623.010, and 28A.623.020 to raise the level of dignity of
the aged population where their remaining years can be lived
in a fulfillment equal to the benefits they have bestowed, the
richness they have added, and the great part they have played
28A.623.010
(2010 Ed.)
Awards
in the life of our society and nation. [1990 c 33 § 511; 1973
c 107 § 1. Formerly RCW 28A.58.720.]
28A.623.020 Nonprofit program for elderly—Authorized—Restrictions. The board of directors of any school
district may establish or allow for the establishment of a nonprofit meal program for feeding elderly persons residing
within the area served by such school district using school
facilities, and may authorize the extension of any school food
services for the purpose of feeding elderly persons, subject to
the following conditions and restrictions:
(1) The charge to such persons for each meal shall not
exceed the actual cost of such meal to the school.
(2) The program will utilize methods of administration
which will assure that the maximum number of eligible individuals may have an opportunity to participate in such a program, and will coordinate, whenever possible, with the local
area agency on aging.
(3) Any nonprofit meal program established pursuant to
RCW 28A.235.120, 28A.623.010, and 28A.623.020 may not
be operated so as to interfere with the normal educational
process within the schools.
(4) No school district funds may be used for the operation of such a meal program.
(5) For purposes of RCW 28A.235.120, 28A.623.010,
and 28A.623.020, "elderly persons" shall mean persons who
are at least sixty years of age. [1990 c 33 § 512; 1973 c 107
§ 3. Formerly RCW 28A.58.722.]
28A.625.150
COMMENDABLE EMPLOYEE SERVICE
AND RECOGNITION AWARD
28A.625.150
28A.623.030 Nonprofit program for certain children
and students—Conditions and restrictions. The board of
directors of any school district may establish or allow for the
establishment of a nonprofit meal program using school facilities for feeding children who are participating in educational
programs or activities conducted by private, nonprofit organizations and entities and students who are attending private
elementary and secondary schools, and may authorize the
extension of any school food services for the purpose of feeding such children and students, subject to the following conditions and restrictions:
(1) The charge to such persons, organizations, entities or
schools for each meal shall be not less than the actual cost of
such meal to the school, inclusive of a reasonable charge for
overhead and the value of the use of the facilities.
(2) The meal program shall not be operated so as to interfere with the educational process within the school district.
(3) The meal program shall not be operated so as to
impair or reduce the provision of food services to students of
the school districts. [1979 c 58 § 2. Formerly RCW
28A.58.724.]
28A.623.030
Award program.
MATHEMATICS, ENGINEERING,
AND SCIENCE ACHIEVEMENT
28A.623.020
28A.625.200
28A.625.210
28A.625.220
28A.625.230
28A.625.240
Findings and intent.
Mathematics, engineering, and science achievement program—Establishment and administration through University of Washington—Goals.
Mathematics, engineering, and science achievement program—Coordinator—Staff.
Coordinator to develop selection standards.
Local program centers.
EMPLOYEE SUGGESTION PROGRAM
28A.625.100 Board of directors of a school district
may establish. The board of directors of any school district
may establish and maintain an employee suggestion program
to encourage and reward meritorious suggestions by certificated and classified school employees. The program shall be
designed to promote efficiency or economy in the performance of any function of the school district. Each board
establishing an employee suggestion program shall establish
procedures for the proper administration of the program.
[1986 c 143 § 1. Formerly RCW 28A.02.320.]
28A.625.100
Additional notes found at www.leg.wa.gov
28A.625.110 Awards. The board of directors of the
school district shall make the final determination as to
whether an employee suggestion award will be made and
shall determine the nature and extent of the award. The award
shall not be a regular or supplemental compensation program
for all employees and the suggestion must, in fact, result in
actual savings greater than the award amount. Any moneys
which may be awarded to an employee as part of an
employee suggestion program shall not be considered salary
or compensation for the purposes of RCW 28A.400.200 or
chapter 41.40 RCW. [1990 c 33 § 519; 1987 1st ex.s. c 2 §
207; 1986 c 143 § 2. Formerly RCW 28A.02.325.]
28A.625.110
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Additional notes found at www.leg.wa.gov
COMMENDABLE EMPLOYEE SERVICE AND
RECOGNITION AWARD
EMPLOYEE SUGGESTION PROGRAM
28A.625.150 Award program. The board of directors
of any school district may establish a commendable
employee service and recognition award program for certificated and classified school employees. The program shall be
designed to recognize exemplary service, special achievements, or outstanding contributions by an individual in the
performance of his or her duties as an employee of the school
district. The board of directors of the school district shall
determine the extent and type of any nonmonetary award.
The value of any nonmonetary award shall not be deemed
sa lar y o r c o m p e n sat io n f o r th e p u r p os e s o f R CW
28A.400.200 or chapter 41.32 RCW. [1990 c 33 § 520; 1987
1st ex.s. c 2 § 210; 1985 c 399 § 2. Formerly RCW
28A.58.842.]
Board of directors of a school district may establish.
Awards.
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Additional notes found at www.leg.wa.gov
Chapter 28A.625
Chapter 28A.625 RCW
AWARDS
Sections
28A.625.100
28A.625.110
(2010 Ed.)
28A.625.150
[Title 28A RCW—page 271]
28A.625.200
Title 28A RCW: Common School Provisions
MATHEMATICS, ENGINEERING, AND
SCIENCE ACHIEVEMENT
Additional notes found at www.leg.wa.gov
28A.625.230 Coordinator to develop selection standards. The coordinator shall develop standards and criteria
for selecting students who participate in the program which
may include predictive instruments to ascertain aptitude and
probability of success. The standards shall include requirements that students take certain courses, maintain a certain
grade point average, and participate in activities sponsored by
the program. Women and students from minority groups,
which are traditionally underrepresented in mathematics and
science-related professions and which meet the requirements
established by the coordinator shall be selected. [1984 c 265
§ 4. Formerly RCW 28A.03.436.]
28A.625.230
28A.625.200 Findings and intent. The legislature
finds that high technology is important to the state’s economy
and the welfare of its citizens. The legislature finds that certain groups, as characterized by sex or ethnic background, are
traditionally underrepresented in mathematics, engineering,
and the science-related professions in this state. The legislature finds that women and minority students have been traditionally discouraged from entering the fields of science and
mathematics including teaching in these fields. The legislature finds that attitudes and knowledges acquired during the
kindergarten through eighth grade prepare students to succeed in high school science and mathematics programs and
that special skills necessary for these fields need to be
acquired during the ninth through twelfth grades. It is the
intent of the legislature to promote a mathematics, engineering, and science achievement program to help increase the
number of people in these fields and teaching in these fields
from groups underrepresented in these fields. [1989 c 66 § 1;
1984 c 265 § 1. Formerly RCW 28A.03.430.]
28A.625.200
Additional notes found at www.leg.wa.gov
28A.625.210 Mathematics, engineering, and science
achievement program—Establishment and administration through University of Washington—Goals. A program to increase the number of people from groups underrepresented in the fields of mathematics, engineering, and the
physical sciences in this state shall be established by the University of Washington. The program shall be administered
through the University of Washington and designed to:
(1) Encourage students in the targeted groups in the common schools, with a particular emphasis on those students in
middle and junior high schools and the sixth through twelfth
grades, to acquire the academic skills needed to study mathematics, engineering, or related sciences at an institution of
higher education;
(2) Promote the awareness of career opportunities
including the career opportunities of teaching in the fields of
science and mathematics and the skills necessary to achieve
those opportunities among students sufficiently early in their
educational careers to permit and encourage the students to
acquire the skills;
(3) Promote cooperation among institutions of higher
education, the superintendent of public instruction and local
school districts in working towards the goals of the program;
and
(4) Solicit contributions of time and resources from public and private institutions of higher education, high schools,
middle and junior high schools, and private business and
industry. [1990 c 286 § 1; 1989 c 66 § 2; 1984 c 265 § 2. Formerly RCW 28A.03.432.]
28A.625.210
Additional notes found at www.leg.wa.gov
28A.625.240 Local program centers. The coordinator
shall establish local program centers throughout the state to
implement RCW 28A.625.210 through 28A.625.230. Each
center shall be managed by a center director. Additional staff
as necessary may be hired. [1990 c 33 § 521; 1984 c 265 § 5.
Formerly RCW 28A.03.438.]
28A.625.240
Additional notes found at www.leg.wa.gov
Chapter 28A.630 RCW
TEMPORARY PROVISIONS—SPECIAL PROJECTS
Chapter 28A.630
Sections
PILOT PROJECT FOR CHILDREN IN FOSTER CARE
28A.630.005 Pilot project to assist school-age children in short-term foster
care.
SPECIAL SERVICES PILOT PROGRAM
28A.630.016 Special services pilot program—Requirements for participation—Duties of superintendent of public instruction—
Funding—Reports.
COMPREHENSIVE K-3 FOUNDATIONS PROGRAM
DEMONSTRATION PROJECTS
28A.630.055 Comprehensive K-3 foundations program—Demonstration
projects—Evaluation—Reports.
ENGLISH AS A SECOND LANGUAGE DEMONSTRATION PROJECT
28A.630.058 English as a second language demonstration project—
Reports.
LIGHTHOUSE PROGRAMS
28A.630.065 Lighthouse programs—Science, technology, engineering,
and mathematics focus.
DEVELOPMENT OF EDUCATIONAL PARAPROFESSIONAL
TRAINING PROGRAM
28A.630.400 Paraeducator associate of arts degree.
AT-RISK STUDENTS
28A.630.810 Rules.
PILOT PROJECT FOR CHILDREN IN FOSTER CARE
Additional notes found at www.leg.wa.gov
28A.630.005 Pilot project to assist school-age children in short-term foster care. (1) The Nooksack Valley
and Mount Vernon school districts shall implement a pilot
project within existing resources to assist school-age children
in foster care fewer than seventy-five days to continue attending the school where they were enrolled before entering fos28A.630.005
28A.625.220 Mathematics, engineering, and science
achievement program—Coordinator—Staff. A coordinator shall be hired to administer the program. Additional staff
as necessary may be hired. [1984 c 265 § 3. Formerly RCW
28A.03.434.]
28A.625.220
[Title 28A RCW—page 272]
(2010 Ed.)
Temporary Provisions—Special Projects
ter care. The pilot project shall be implemented as provided
in this section no later than April 30, 2002, and shall conclude
June 30, 2003. Data from the pilot project shall be compiled
and submitted to the working group established in RCW
28A.300.800 no later than July 30, 2002, and periodically
thereafter.
(2) For the purposes of the pilot project in the two school
districts, the department of social and health services and the
school districts shall, as appropriate, undertake the following
activities:
(a) A school-age child who enters foster care on or after
April 30, 2002, shall, unless it is determined to be not in the
best interest of the child, continue attending the school where
she or he was enrolled before entering foster care, notwithstanding the physical location of the child’s principal abode.
The best interest of the child determination shall be made at
the seventy-two hour shelter care hearing, and reviewed at
any subsequent shelter care hearing.
(b) The department of social and health services, the
school the child was attending prior to entering foster care,
and the school that serves the child’s foster home shall negotiate a plan for transporting the child to the school the child
was attending prior to entering foster care. The department of
social and health services shall not be responsible for the cost
of transportation of the children in the pilot project.
(c) If the department of social and health services places
a child in foster care, and the child does not continue to attend
the school the child was attending prior to entering foster
care, the department shall notify the school about the change.
[2002 c 326 § 2.]
Effective date—2002 c 326: See note following RCW 28A.300.800.
SPECIAL SERVICES PILOT PROGRAM
28A.630.016 Special services pilot program—
Requirements for participation—Duties of superintendent of public instruction—Funding—Reports. (Expires
June 30, 2011.) (1)(a) Research has shown that early, intensive interventions can significantly improve reading, written
language, and mathematics skills for children who are struggling academically. This early research-based assistance has
been successful in reducing the number of children who
require specialized programs. Research further suggests that
the disabilities of many students with mild and moderate disabilities are correctable through strategic early intervention
and the students do not necessitate special education eligibility. However, by being effective in reducing the number of
students eligible for these programs, school district funding is
reduced.
(b) The purpose of the program in this section is to continue support to the existing pilot districts and to encourage
other school districts to participate as pilot districts to
improve the implementation of high quality general education research-based core instructional programs to meet the
needs of students struggling academically, while reducing the
number of students inappropriately referred and placed in
special education under the specific learning disability eligibility category because of ineffective instructional practices.
This will allow special education programs to concentrate
specially designed instruction on students who truly require
special education services. The goal of this assistance is to
28A.630.016
(2010 Ed.)
28A.630.016
effectively address reading, written language, and mathematics difficulties resulting in a substantially greater proportion
of students meeting the progressively increasing performance
standards for both the aggregate and disaggregated subgroups
under federal law.
(c) The participating pilot districts implementing the
special services pilot program have met the goals of the pilot
program resulting in (i) a substantial number of underachieving students meeting the progressively increasing reading
performance standards and (ii) a reduction in the number of
children who require special education.
(2) Seven school districts may participate in the special
services pilot program, including two school districts already
participating and five additional school districts. The special
services pilot program shall begin in the 2007-08 school year
and conclude in the 2010-11 school year.
(3) School districts participating in the pilot program
shall receive state special education funding in accordance
with state special education funding formulas and a separate
pilot program appropriation from sources other than special
education funds. The separate appropriation shall be: (a)
The school district’s estimated state special education funding for the current year based on the school district’s average
percentage of students age three through twenty-one who
were eligible for special education services for the school
year before participation as a pilot program as reported to the
office of the superintendent of public instruction; minus (b)
the school district’s actual state special education funding
based on the district’s current percentage of students age
three through twenty-one eligible for special education services as reported to [the office of] the superintendent of public instruction.
The superintendent shall adjust the factors in (a) of this
subsection for one or more participating school districts,
where legislative changes to the special education funding
formula impact the funding mechanism of this program.
(4) Participation in the pilot program shall not increase
or decrease a district’s ability to access the safety net for
high-cost students by virtue of the district’s participation in
the program. Districts participating in the pilot program shall
have access to the special education safety net using a modified application approach for the office of the superintendent
of public instruction demonstration of financial need. The
superintendent shall create a modified application to include
all special education revenues received by the district, all
pilot program funding, expenditures for students with individual education programs, and expenditures for students
generating pilot program revenue. Districts participating in
the pilot program that seek safety net funding shall convincingly demonstrate to the safety net committee that any
change in demonstrated need is not attributable to their participation in this pilot program.
(5) School districts participating in the program must
agree to:
(a) Implement the program as part of the school district’s
general education curriculum for all students;
(b) Use a multitiered service delivery system to provide
scientific research-based instructional interventions addressing individual student needs in the areas of reading, written
language, or mathematics;
[Title 28A RCW—page 273]
28A.630.055
Title 28A RCW: Common School Provisions
(c) Develop and implement an assessment system to conduct universal screening, progress monitoring, targeted
assessments, and outcome assessments to identify the reading, written language, or mathematics needs of each student
and to monitor student progress;
(d) Incorporate student-specific data obtained through
the pilot program when conducting an evaluation to determine if the student has a disability;
(e) Assure that parents are informed of: The amount and
nature of student performance data that is collected and the
general education services that are provided; the strategies
for increasing the student’s rate of learning; the parents’ right
to make a referral for special education evaluation if they suspect the student has a disability; and the parents’ right to have
input into designed interventions;
(f) Assure that parents are provided assessments of
achievement at reasonable intervals addressing student
progress during instruction;
(g) Actively engage parents as partners in the learning
process;
(h) Comply with state special education requirements;
and
(i) Participate and provide staff expertise in the design
and implementation of an evaluation of the program as determined by the superintendent of public instruction. Districts
shall annually review and report progress, including objective measures or indicators that show the progress towards
achieving the purpose and goal of the program, to the office
of the superintendent of public instruction.
(6) By December 15, 2010, the superintendent of public
instruction shall submit a report to the governor and appropriate committees of the legislature that summarizes the effectiveness of the pilot program in this section. The report shall
also include a recommendation as to whether or not the pilot
program should be continued, expanded, or otherwise modified.
(7) This section expires June 30, 2011. [2007 c 522 §
959.]
Severability—Effective date—2007 c 522: See notes following RCW
15.64.050.
COMPREHENSIVE K-3 FOUNDATIONS PROGRAM
DEMONSTRATION PROJECTS
28A.630.055 Comprehensive K-3 foundations program—Demonstration projects—Evaluation—Reports.
(Expires September 1, 2010.) Subject to funds appropriated
for the purposes of this section:
(1) Four demonstration projects are authorized for
schools serving kindergarten through third grade students to
develop, implement, and document the effects of a comprehensive K-3 foundations program. At least two demonstration projects shall be in schools that are participating in the
public-private early learning partnerships in the Highline and
Yakima school districts. A third demonstration project shall
be in the Spokane school district.
(2) The superintendent of public instruction shall select
project participants based on the criteria in this section, the
commitment to a school-wide program, and the degree to
which applicants articulate an understanding of development
28A.630.055
[Title 28A RCW—page 274]
and implementation of a comprehensive K-3 foundations
program.
(3) Successful school applicants shall:
(a) Demonstrate that there is engaged and committed
school and district leadership and support for the project;
(b) Demonstrate that school staff is engaged and committed and believes in high expectations for all students;
(c) Have a history of successfully using data to guide
decision making for students and the program;
(d) Plan for the use of staff learning improvement days to
support project implementation;
(e) Demonstrate successful linkages with the early learning providers in their communities;
(f) Outline the steps taken to develop this application and
the general plan for implementation of a comprehensive K-3
foundations program; and
(g) Commit to individualized learning opportunities in
early grades by using district resources, such as funding
under RCW 28A.505.210, to reduce class sizes in grades kindergarten through three.
(4) Program resources provided to demonstration
projects are:
(a) Support to implement an all-day kindergarten program;
(b) Support for class sizes at a ratio of one teacher to
eighteen students, and the additional resources for materials
generated by that ratio through associated nonemployeerelated costs;
(c) Support for a one-half full-time equivalent instructional coach; and
(d) Support for professional development time related to
program implementation.
(5) Demonstration projects shall provide:
(a) A program that implements an educational philosophy that supports child-centered learning;
(b) Learning opportunities through personal exploration
and discovery, hands-on experiences, and by working independently, in small groups and in large groups;
(c) Rich and varied subject matter that includes: Reading, writing, mathematics, science, social studies, a world
language other than English, the arts, and health and physical
education;
(d) Opportunities to learn and feel accomplishment, diligence, creativity, and confidence;
(e) Social and emotional development opportunities;
(f) Personalized assessment for each student that
addresses academic knowledge and skill development, social
and emotional skill development, critical thinking and decision-making skills, large and fine motor skill development,
and knowledge of personal interests, strengths, and goals;
(g) For students to progress to the upper elementary
grades when a solid foundation is in place and reading and
mathematics primary skills have been mastered;
(h) Class sizes that do not exceed one certificated
instructional staff to eighteen students; and
(i) Cooperation with project evaluators in an evaluation
of the demonstration projects, including providing the data
necessary to complete the work.
(6) The office of the superintendent of public instruction
shall contract with the Northwest regional educational laboratory to conduct an evaluation of the demonstration projects
(2010 Ed.)
Temporary Provisions—Special Projects
under this section. Student, staff, program, and parent data
shall be collected using various instruments including surveys, program and activity descriptions, student performance
measures, observations, and other processes.
(7) Within available funding, findings from the evaluation under this section shall include conclusions regarding the
degree to which students thrive in the education environment;
student progress in academic, social, and emotional areas; the
program components that have been most important to student success; the degree to which educational staff feel
accomplished in their work and satisfied with student
progress; and recommendations for continued implementation and expansion of the program.
(8) Findings shall be reported to the governor, the office
of the superintendent of public instruction, and the appropriate early learning, education, and fiscal committees of the
legislature. An interim report is due November 1, 2008. The
final report is due December 1, 2009.
(9) This section expires September 1, 2010. [2007 c 400
§ 3.]
Capti ons no t la w— 200 7 c 400: See no te fol lo win g RC W
28A.150.210.
ENGLISH AS A SECOND LANGUAGE
DEMONSTRATION PROJECT
28A.630.058 English as a second language demonstration project—Reports. (Expires September 1, 2010.)
(1) The goals of the English as a second language demonstration project are to develop recommendations:
(a) Identifying foundational competencies for developing academic English skills in English language learner students that all teachers should acquire in initial teacher preparation programs;
(b) Identifying components of a professional development program that builds classroom teacher competence for
developing academic English skills in English language
learner students; and
(c) Identifying job-embedded practices that connect the
English language learner teacher and classroom teachers to
coordinate instruction to support the work of the student.
(2) The English as a second language demonstration
project shall use two field strategies in the development of
recommendations.
(a) The first strategy is to conduct a field study of an
ongoing project in a number of schools and school districts in
which Spanish is the predominate language other than
English.
(b) The second strategy is to conduct a project that provides professional development and planning time resources
to approximately three large schools in which there are many
first languages among the students. The participants of this
project shall partner with an institution of higher education or
a professional development provider with expertise in supporting student acquisition of academic English. The superintendent of public instruction shall select the participants in
the project under this subsection (2)(b).
(3)(a) The office of the superintendent of public instruction shall contract with the Northwest regional educational
laboratory to conduct the field study work and collect additional information from the project schools. In conducting its
28A.630.058
(2010 Ed.)
28A.630.065
work, the laboratory shall review current literature regarding
best practices and consult with state and national experts as
appropriate.
(b) The laboratory shall report its findings to the governor, the office of the superintendent of public instruction, and
the education and fiscal committees of the legislature. An
interim report is due November 1, 2008. The final report is
due December 1, 2009.
(4) This section expires September 1, 2010. [2007 c 400
§ 4.]
Capt ion s n ot l aw— 200 7 c 400 : See no te fol lo win g R CW
28A.150.210.
LIGHTHOUSE PROGRAMS
28A.630.065 Lighthouse programs—Science, technology, engineering, and mathematics focus. (1) Subject
to funds appropriated for this purpose, the superintendent of
public instruction shall designate up to three middle schools
and up to three high schools to serve as resources and examples of how to combine the following best practices:
(a) A small, highly personalized learning community;
(b) An interdisciplinary curriculum with a strong focus
on science, technology, engineering, and mathematics delivered through a project-based instructional approach; and
(c) Active partnerships with businesses and the local
community to connect learning beyond the classroom.
(2) The designated middle and high schools shall serve
as lighthouse programs and provide technical assistance and
advice to other middle and high schools and communities in
the initial stages of creating an alternative learning environment focused on science, technology, engineering, and mathematics. The designated middle and high schools must have
proven experience and be recognized as model programs.
(3) In addition, the office of the superintendent of public
instruction shall work with the designated middle and high
schools to publicize the models of best practices in science,
technology, engineering, and mathematics instruction used
by the designated middle and high schools and shall encourage other middle and high schools and communities to work
with the designated middle and high schools to replicate similar models. [2010 c 238 § 2.]
28A.630.065
Intent—2010 c 238: "(1) The legislature has made a commitment to
support multiple strategies to improve teaching and learning of science, technology, engineering, and mathematics in Washington’s public schools. In
recent years, Washington has adopted new technology, mathematics, and
science learning standards; initiated funding for middle schools to provide a
career and technical program in science, technology, engineering, and mathematics at the same rate as a high school operating a similar program; provided professional development for mathematics and science teachers; created a scholarship program to encourage students to enter mathematics and
science degree programs; supported career and technical education in highdemand fields; and authorized alternative ways for teachers to earn certification in the mathematics and science fields.
(2) At the local level, school districts and their communities are also
finding new ways to improve teaching and learning of science, technology,
engineering, and mathematics. Some districts have combined several best
practices into promising learning models for students. For example, Aviation high school in the Highline school district offers a small, highly personalized learning community that is focused on interdisciplinary immersion in
science, technology, engineering, and mathematics using a hands-on,
project-based curriculum. Delta high school in the Tri-Cities is a collaboration among three school districts, a skill center, two institutions of higher
education, a community foundation, and local business leaders. The science
and math institute at Point Defiance in Tacoma offers students field-based
[Title 28A RCW—page 275]
28A.630.400
Title 28A RCW: Common School Provisions
applied learning using the natural, historical, and community resources of a
large metropolitan park. These schools draw students from across regions
who are seeking an exciting, rigorous, and nontraditional learning experience. Other schools and communities across the state are seeking to replicate
these innovative learning models.
(3) The legislature intends to support continued expansion of the type
of innovation and creativity displayed by Aviation, Delta, and the science
and math institute by designating so-called "lighthouse" high schools to
serve as resources and examples of best practices in science, technology,
engineering, and mathematics instruction." [2010 c 238 § 1.]
DEVELOPMENT OF EDUCATIONAL
PARAPROFESSIONAL TRAINING PROGRAM
28A.630.400 Paraeducator associate of arts degree.
(1) The professional educator standards board and the state
board for community and technical colleges, in consultation
with the superintendent of public instruction, the higher education coordinating board, the state apprenticeship training
council, and community colleges, shall adopt rules as necessary under chapter 34.05 RCW to implement the paraeducator associate of arts degree.
(2) As used in this section, a "paraeducator" is an individual who has completed an associate of arts degree for a
paraeducator. The paraeducator may be hired by a school
district to assist certificated instructional staff in the direct
instruction of children in small and large groups, individualized instruction, testing of children, recordkeeping, and preparation of materials. The paraeducator shall work under the
direction of instructional certificated staff.
(3) The training program for a paraeducator associate of
arts degree shall include, but is not limited to, the general
requirements for receipt of an associate of arts degree and
training in the areas of introduction to childhood education,
orientation to children with disabilities, fundamentals of
childhood education, creative activities for children, instructional materials for children, fine art experiences for children,
the psychology of learning, introduction to education, child
health and safety, child development and guidance, first aid,
and a practicum in a school setting.
(4) Consideration shall be given to transferability of
credit earned in this program to teacher preparation programs
at colleges and universities. [2006 c 263 § 815. Prior: 1995
c 335 § 202; 1995 c 77 § 27; 1991 c 285 § 2; 1989 c 370 § 1.
Formerly RCW 28A.04.180.]
28A.630.400
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
AT-RISK STUDENTS
28A.630.810 Rules. The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW to carry out the provisions of chapter 233, Laws of
1989. [1989 c 233 § 17. Formerly RCW 28A.120.800.]
28A.630.810
Chapter 28A.635 RCW
OFFENSES RELATING TO SCHOOL PROPERTY
AND PERSONNEL
Chapter 28A.635
Sections
28A.635.010 Abusing or insulting teachers, liability for—Penalty.
[Title 28A RCW—page 276]
28A.635.020 Willfully disobeying school administrative personnel or
refusing to leave public property, violations, when—Penalty.
28A.635.030 Disturbing school, school activities or meetings—Penalty.
28A.635.040 Examination questions—Disclosing—Penalty.
28A.635.050 Certain corrupt practices of school officials—Penalty.
28A.635.060 Defacing or injuring school property—Liability of pupil, parent, or guardian—Withholding grades, diploma, or transcripts—Suspension and restitution—Voluntary work
program as alternative—Rights protected.
28A.635.070 Property, failure of officials or employees to account for—
Mutilation by—Penalties.
28A.635.080 Director’s connivance to employ uncertified teachers—Liability.
28A.635.090 Interference by force or violence—Penalty.
28A.635.100 Intimidating any administrator, teacher, classified employee,
or student by threat of force or violence unlawful—Penalty.
28A.635.110 Violations under RCW 28A.635.090 and 28A.635.100—
Disciplinary authority exception.
Educational employment relations act: Chapter 41.59 RCW.
28A.635.010 Abusing or insulting teachers, liability
for—Penalty. Any person who shall insult or abuse a
teacher anywhere on the school premises while such teacher
is carrying out his or her official duties, shall be guilty of a
misdemeanor, the penalty for which shall be a fine of not less
than ten dollars nor more than one hundred dollars. [1990 c
33 § 536; 1984 c 258 § 314; 1969 ex.s. c 199 § 55; 1969 ex.s.
c 223 § 28A.87.010. Prior: 1909 c 97 p 360 § 11; RRS §
5054; prior: 1903 c 156 § 11; 1897 c 118 § 169; 1890 p 383
§ 86. Formerly RCW 28A.87.010, 28.87.010.]
28A.635.010
Intent—1984 c 258: See note following RCW 3.34.130.
Additional notes found at www.leg.wa.gov
28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when—Penalty. (1) It shall be unlawful for any person to willfully disobey the order of the chief administrative
officer of a public school district, or of an authorized designee of any such administrator, to leave any motor vehicle,
building, grounds or other property which is owned, operated
or controlled by the school district if the person so ordered is
under the influence of alcohol or drugs, or is committing,
threatens to imminently commit or incites another to imminently commit any act which would disturb or interfere with
or obstruct any lawful task, function, process or procedure of
the school district or any lawful task, function, process or
procedure of any student, official, employee or invitee of the
school district. The order of a school officer or designee acting pursuant to this subsection shall be valid if the officer or
designee reasonably believes a person ordered to leave is
under the influence of alcohol or drugs, is committing acts, or
is creating a disturbance as provided in this subsection.
(2) It shall be unlawful for any person to refuse to leave
public property immediately adjacent to a building, grounds
or property which is owned, operated or controlled by a
school district when ordered to do so by a law enforcement
officer if such person is engaging in conduct which creates a
substantial risk of causing injury to any person, or substantial
harm to property, or such conduct amounts to disorderly conduct under RCW 9A.84.030.
(3) Nothing in this section shall be construed to prohibit
or penalize activity consisting of the lawful exercise of freedom of speech, freedom of press and the right to peaceably
assemble and petition the government for a redress of griev28A.635.020
(2010 Ed.)
Offenses Relating to School Property and Personnel
ances: PROVIDED, That such activity neither does or threatens imminently to materially disturb or interfere with or
obstruct any lawful task, function, process or procedure of
the school district, or any lawful task, function, process or
procedure of any student, official, employee or invitee of the
school district: PROVIDED FURTHER, That such activity
is not conducted in violation of a prohibition or limitation
lawfully imposed by the school district upon entry or use of
any motor vehicle, building, grounds or other property which
is owned, operated or controlled by the school district.
(4) Any person guilty of violating this section shall be
deemed guilty of a gross misdemeanor punishable as provided in chapter 9A.20 RCW. [1997 c 266 § 6; 1981 c 36 §
1; 1975-’76 2nd ex.s. c 100 § 1. Formerly RCW 28A.87.055.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Additional notes found at www.leg.wa.gov
28A.635.030 Disturbing school, school activities or
meetings—Penalty. Any person who shall willfully create a
disturbance on school premises during school hours or at
school activities or school meetings shall be guilty of a misdemeanor, the penalty for which shall be a fine in any sum
not more than fifty dollars. [1984 c 258 § 315; 1969 ex.s. c
199 § 57; 1969 ex.s. c 223 § 28A.87.060. Prior: 1909 c 97 p
361 § 12; RRS § 5055; prior: 1903 c 156 § 12; 1897 c 118 §
170; 1890 p 383 § 87. Formerly RCW 28A.87.060,
28.87.060.]
28A.635.030
Intent—1984 c 258: See note following RCW 3.34.130.
Additional notes found at www.leg.wa.gov
28A.635.040 Examination questions—Disclosing—
Penalty. Any person having access to any question or questions prepared for the examination of teachers or common
school pupils, who shall directly or indirectly disclose the
same before the time appointed for the use of the questions in
the examination of such teachers or pupils, or who shall
directly or indirectly assist any person to answer any question
submitted, shall be guilty of a misdemeanor, the penalty for
which shall be a fine in any sum not less than one hundred nor
more than five hundred dollars. [1984 c 258 § 316; 1969
ex.s. c 199 § 58; 1969 ex.s. c 223 § 28A.87.070. Prior: 1909
c 97 p 357 § 1; RRS § 5043; prior: 1903 c 156 § 1; 1897 c
118 § 159. Formerly RCW 28A.87.070, 28.87.070.]
28A.635.040
Intent—1984 c 258: See note following RCW 3.34.130.
Additional notes found at www.leg.wa.gov
28A.635.050 Certain corrupt practices of school officials—Penalty. (1) Except as otherwise provided in chapter
42.23 RCW, it shall be unlawful for any member of the state
board of education, the superintendent of public instruction
or any employee of the superintendent’s office, any educational service district superintendent, any school district
superintendent or principal, or any director of any school district, to request or receive, directly or indirectly, anything of
value for or on account of his or her influence with respect to
any act or proceeding of the state board of education, the
office of the superintendent of public instruction, any office
of educational service district superintendent or any school
district, or any of these, when such act or proceeding shall
28A.635.050
(2010 Ed.)
28A.635.070
inure to the benefit of those offering or giving the thing of
value.
(2) Any willful violation of this section is a misdemeanor. [2003 c 53 § 168; 1990 c 33 § 537; 1975 1st ex.s. c
275 § 143; 1969 ex.s. c 176 § 150; 1969 ex.s. c 223 §
28A.87.090. Prior: 1917 c 126 § 1; RRS § 5050. Formerly
RCW 28A.87.090, 28.87.090.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
28A.635.060 Defacing or injuring school property—
Liability of pupil, parent, or guardian—Withholding
grades, diploma, or transcripts—Suspension and restitution—Voluntary work program as alternative—Rights
protected. (1) Any pupil who defaces or otherwise injures
any school property, or property belonging to a school contractor, employee, or another student, is subject to suspension
and punishment. If any property of the school district, a contractor of the district, an employee, or another student has
been lost or willfully cut, defaced, or injured, the school district may withhold the grades, diploma, and transcripts of the
pupil responsible for the damage or loss until the pupil or the
pupil’s parent or guardian has paid for the damages. If the
student is suspended, the student may not be readmitted until
the student or parents or legal guardian has made payment in
full or until directed by the superintendent of schools. If the
property damaged is a school bus owned and operated by or
contracted to any school district, a student suspended for the
damage may not be permitted to enter or ride any school bus
until the student or parent or legal guardian has made payment in full or until directed by the superintendent. When the
pupil and parent or guardian are unable to pay for the damages, the school district shall provide a program of voluntary
work for the pupil in lieu of the payment of monetary damages. Upon completion of voluntary work the grades,
diploma, and transcripts of the pupil shall be released. The
parent or guardian of such pupil shall be liable for damages as
otherwise provided by law.
(2) Before any penalties are assessed under this section,
a school district board of directors shall adopt procedures
which insure that pupils’ rights to due process are protected.
(3) If the department of social and health services or a
child-placing agency licensed by the department has been
granted custody of a child, that child’s records, if requested
by the department or agency, are not to be withheld for nonpayment of school fees or any other reason. [1997 c 266 § 13;
1994 c 304 § 1; 1993 c 347 § 3; 1989 c 269 § 6; 1982 c 38 §
1; 1969 ex.s. c 223 § 28A.87.120. Prior: 1909 c 97 p 361 §
41; RRS § 5057; prior: 1903 c 156 § 14; 1897 c 118 § 172;
1890 p 372 § 48. Formerly RCW 28A.87.120, 28.87.120.]
28A.635.060
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Action against parent for willful injury to property by minor—Monetary limitation—Common law liability preserved: RCW 4.24.190.
Additional notes found at www.leg.wa.gov
28A.635.070 Property, failure of officials or employees to account for—Mutilation by—Penalties. Any school
district official or employee who shall refuse or fail to deliver
to his or her qualified successor all books, papers, and records
28A.635.070
[Title 28A RCW—page 277]
28A.635.080
Title 28A RCW: Common School Provisions
pertaining to his or her position, or who shall willfully mutilate or destroy any such property, or any part thereof, shall be
guilty of a misdemeanor, the penalty for which shall be a fine
not to exceed one hundred dollars: PROVIDED, That for
each day there is a refusal or failure to deliver to a successor
books, papers and records, a separate offense shall be deemed
to have occurred. [1990 c 33 § 538; 1984 c 258 § 317; 1969
ex.s. c 199 § 60; 1969 ex.s. c 223 § 28A.87.130. Prior: 1909
c 97 p 359 § 7, part; RRS § 5049, part; prior: 1907 c 240 §
16, part; 1903 c 156 § 7, part; 1897 c 118 § 165, part. Formerly RCW 28A.87.130, 28.87.130, part.]
Intent—1984 c 258: See note following RCW 3.34.130.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28A.635.110 Violations under RCW 28A.635.090
and 28A.635.100—Disciplinary authority exception. The
crimes defined in RCW 28A.635.090 and 28A.635.100 shall
not apply to school administrators, teachers, or classified
employees who are engaged in the reasonable exercise of
their disciplinary authority. [1990 c 33 § 542; 1988 c 2 § 3;
1971 c 45 § 5. Formerly RCW 28A.87.232.]
28A.635.110
Chapter 28A.640
Additional notes found at www.leg.wa.gov
28A.635.080 Director’s connivance to employ uncertified teachers—Liability. Any school district director who
shall aid in or give his or her consent to the employment of a
teacher who is not the holder of a valid teacher’s certificate
issued under authority of chapter 28A.410 RCW authorizing
him or her to teach in the school district by which employed
shall be personally liable to his or her district for any loss
which it may sustain by reason of the employment of such
person. [1990 c 33 § 539; 1969 ex.s. c 223 § 28A.87.135.
Prior: 1909 c 97 p 359 § 7, part; RRS § 5049, part; prior:
1907 c 240 § 16, part; 1903 c 156 § 7, part; 1897 c 118 § 165,
part. Formerly RCW 28A.87.135, 28.87.130, part,
28.87.160.]
28A.635.080
28A.635.090 Interference by force or violence—Penalty. (1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any
administrator, teacher, classified employee, person under
contract with the school or school district, or student of any
common school who is in the peaceful discharge or conduct
of his or her duties or studies. Any such interference by force
or violence committed by a student shall be grounds for
immediate suspension or expulsion of the student.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
both such fine and imprisonment. [2003 c 53 § 169; 1996 c
321 § 3; 1990 c 33 § 540; 1988 c 2 § 1; 1971 c 45 § 3. Formerly RCW 28A.87.230.]
28A.635.090
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28A.635.100 Intimidating any administrator,
teacher, classified employee, or student by threat of force
or violence unlawful—Penalty. (1) It shall be unlawful for
any person, singly or in concert with others, to intimidate by
threat of force or violence any administrator, teacher, classified employee, or student of any common school who is in
the peaceful discharge or conduct of his or her duties or studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
both such fine and imprisonment. [2003 c 53 § 170; 1990 c
33 § 541; 1988 c 2 § 2; 1971 c 45 § 4. Formerly RCW
28A.87.231.]
28A.635.100
[Title 28A RCW—page 278]
Chapter 28A.640 RCW
SEXUAL EQUALITY
Sections
28A.640.010 Purpose—Discrimination prohibited.
28A.640.020 Regulations, guidelines to eliminate discrimination—
Scope—Sexual harassment policies.
28A.640.030 Administration.
28A.640.040 Civil relief for violations.
28A.640.050 Enforcement—Superintendent’s orders, scope.
28A.640.900 Chapter supplementary.
Discrimination—Separation of sexes in dormitories, residence halls, etc.:
RCW 49.60.222.
28A.640.010 Purpose—Discrimination prohibited.
Inequality in the educational opportunities afforded women
and girls at all levels of the public schools in Washington
state is a breach of Article XXXI, section 1, Amendment 61,
of the Washington state Constitution, requiring equal treatment of all citizens regardless of sex. This violation of rights
has had a deleterious effect on the individuals affected and on
society. Recognizing the benefit to our state and nation of
equal educational opportunities for all students, discrimination on the basis of sex for any student in grades K-12 of the
Washington public schools is prohibited. [1975 1st ex.s. c
226 § 1. Formerly RCW 28A.85.010.]
28A.640.010
Additional notes found at www.leg.wa.gov
28A.640.020 Regulations, guidelines to eliminate discrimination—Scope—Sexual harassment policies. (1)
The superintendent of public instruction shall develop regulations and guidelines to eliminate sex discrimination as it
applies to public school employment, counseling and guidance services to students, recreational and athletic activities
for students, access to course offerings, and in textbooks and
instructional materials used by students.
(a) Specifically with respect to public school employment, all schools shall be required to:
(i) Maintain credential requirements for all personnel
without regard to sex;
(ii) Make no differentiation in pay scale on the basis of
sex;
(iii) Assign school duties without regard to sex except
where such assignment would involve duty in areas or situations, such as but not limited to a shower room, where persons might be disrobed;
(iv) Provide the same opportunities for advancement to
males and females; and
(v) Make no difference in conditions of employment
including, but not limited to, hiring practices, leaves of
28A.640.020
(2010 Ed.)
Sexual Equality
absence, hours of employment, and assignment of, or pay for,
instructional and noninstructional duties, on the basis of sex.
(b) Specifically with respect to counseling and guidance
services for students, they shall be made available to all students equally. All certificated personnel shall be required to
stress access to all career and vocational opportunities to students without regard to sex.
(c) Specifically with respect to recreational and athletic
activities, they shall be offered to all students without regard
to sex. Schools may provide separate teams for each sex.
Schools which provide the following shall do so with no disparities based on sex: Equipment and supplies; medical care;
services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction;
laundry services; assignment of game officials; opportunities
for competition, publicity and awards; scheduling of games
and practice times including use of courts, gyms, and pools:
PROVIDED, That such scheduling of games and practice
times shall be determined by local administrative authorities
after consideration of the public and student interest in
attending and participating in various recreational and athletic activities. Each school which provides showers, toilets,
or training room facilities for athletic purposes shall provide
comparable facilities for both sexes. Such facilities may be
provided either as separate facilities or shall be scheduled and
used separately by each sex.
The superintendent of public instruction shall also be
required to develop a student survey to distribute every three
years to each local school district in the state to determine
student interest for male/ female participation in specific
sports.
(d) Specifically with respect to course offerings, all
classes shall be required to be available to all students without regard to sex: PROVIDED, That separation is permitted
within any class during sessions on sex education or gym
classes.
(e) Specifically with respect to textbooks and instructional materials, which shall also include, but not be limited
to, reference books and audio-visual materials, they shall be
required to adhere to the guidelines developed by the superintendent of public instruction to implement the intent of this
chapter: PROVIDED, That this subsection shall not be construed to prohibit the introduction of material deemed appropriate by the instructor for educational purposes.
(2)(a) By December 31, 1994, the superintendent of public instruction shall develop criteria for use by school districts
in developing sexual harassment policies as required under
(b) of this subsection. The criteria shall address the subjects
of grievance procedures, remedies to victims of sexual
harassment, disciplinary actions against violators of the policy, and other subjects at the discretion of the superintendent
of public instruction. Disciplinary actions must conform with
collective bargaining agreements and state and federal laws.
The superintendent of public instruction also shall supply
sample policies to school districts upon request.
(b) By June 30, 1995, every school district shall adopt
and implement a written policy concerning sexual harassment. The policy shall apply to all school district employees,
volunteers, parents, and students, including, but not limited
to, conduct between students.
(2010 Ed.)
28A.640.050
(c) School district policies on sexual harassment shall be
reviewed by the superintendent of public instruction considering the criteria established under (a) of this subsection as
part of the monitoring process established in RCW
28A.640.030.
(d) The school district’s sexual harassment policy shall
be conspicuously posted throughout each school building,
and provided to each employee. A copy of the policy shall
appear in any publication of the school or school district setting forth the rules, regulations, procedures, and standards of
conduct for the school or school district.
(e) Each school shall develop a process for discussing
the district’s sexual harassment policy. The process shall
ensure the discussion addresses the definition of sexual
harassment and issues covered in the sexual harassment policy.
(f) "Sexual harassment" as used in this section means
unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical
conduct or communication of a sexual nature if:
(i) Submission to that conduct or communication is made
a term or condition, either explicitly or implicitly, of obtaining an education or employment;
(ii) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions
affecting that individual’s education or employment; or
(iii) That conduct or communication has the purpose or
effect of substantially interfering with an individual’s educational or work performance, or of creating an intimidating,
hostile, or offensive educational or work environment. [1994
c 213 § 1; 1975 1st ex.s. c 226 § 2. Formerly RCW
28A.85.020.]
Additional notes found at www.leg.wa.gov
28A.640.030 Administration. The office of the superintendent of public instruction shall be required to monitor
the compliance by local school districts with this chapter,
shall establish a compliance timetable and regulations for
enforcement of this chapter, and shall establish guidelines for
affirmative action programs to be adopted by all school districts. [1975 1st ex.s. c 226 § 3. Formerly RCW 28A.85.030.]
28A.640.030
Additional notes found at www.leg.wa.gov
28A.640.040 Civil relief for violations. Any person
aggrieved by a violation of this chapter, or aggrieved by the
violation of any regulation or guideline adopted hereunder,
shall have a right of action in superior court for civil damages
and such equitable relief as the court shall determine. [1975
1st ex.s. c 226 § 4. Formerly RCW 28A.85.040.]
28A.640.040
Additional notes found at www.leg.wa.gov
28A.640.050 Enforcement—Superintendent’s
orders, scope. The superintendent of public instruction shall
have the power to enforce and obtain compliance with the
provisions of this chapter and the regulations and guidelines
adopted pursuant thereto by appropriate order made pursuant
to chapter 34.05 RCW, which order, by way of illustration,
may include, the termination of all or part of state apportionment or categorical moneys to the offending school district,
the termination of specified programs in which violations
28A.640.050
[Title 28A RCW—page 279]
28A.640.900
Title 28A RCW: Common School Provisions
may be flagrant within the offending school district, the institution of a mandatory affirmative action program within the
offending school district, and the placement of the offending
school district on probation with appropriate sanctions until
compliance is achieved. [1975 1st ex.s. c 226 § 5. Formerly
RCW 28A.85.050.]
Additional notes found at www.leg.wa.gov
28A.640.900 Chapter supplementary. This chapter
shall be supplementary to, and shall not supersede, existing
law and procedures and future amendments thereto relating
to unlawful discrimination based on sex. [1975 1st ex.s. c
226 § 6. Formerly RCW 28A.85.900.]
28A.640.900
Additional notes found at www.leg.wa.gov
dog guide or service animal by a person with a disability is
prohibited. The definitions given these terms in chapter
49.60 RCW apply throughout this chapter unless the context
clearly requires otherwise. [2010 c 240 § 2.]
28A.642.020 Rules and guidelines. The superintendent of public instruction shall develop rules and guidelines
to eliminate discrimination prohibited in RCW 28A.642.010
as it applies to public school employment, counseling and
guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks
and instructional materials used by students. [2010 c 240 §
3.]
28A.642.020
28A.642.030 Compliance—Monitoring—Compliance enforcement. The office of the superintendent of public instruction shall monitor local school districts’ compliance with this chapter, and shall establish a compliance timetable, rules, and guidelines for enforcement of this chapter.
[2010 c 240 § 4.]
28A.642.030
Chapter 28A.642
Chapter 28A.642 RCW
DISCRIMINATION PROHIBITION
Sections
28A.642.005
28A.642.010
28A.642.020
28A.642.030
28A.642.040
28A.642.050
Findings.
Discrimination prohibited—Definitions.
Rules and guidelines.
Compliance—Monitoring—Compliance enforcement.
Individual right of action.
Authority of superintendent of public instruction—Administrative orders.
28A.642.060 Chapter supplementary.
28A.642.005 Findings. The legislature finds that in
1975 legislation was adopted, codified as chapter 28A.640
RCW, recognizing the deleterious effect of discrimination on
the basis of sex, specifically prohibiting such discrimination
in Washington public schools, and requiring the office of the
superintendent of public instruction to monitor and enforce
compliance. The legislature further finds that, while numerous state and federal laws prohibit discrimination on other
bases in addition to sex, the common school provisions in
Title 28A RCW do not include specific acknowledgment of
the right to be free from discrimination because of race,
creed, color, national origin, honorably discharged veteran or
military status, sexual orientation, the presence of any sensory, mental, or physical disability, or the use of a trained dog
guide or service animal by a person with a disability, nor do
any common school provisions specifically direct the office
of the superintendent of public instruction to monitor and
enforce compliance with these laws. The legislature finds
that one of the recommendations made to the legislature by
the achievement gap oversight and accountability committee
created in chapter 468, Laws of 2009, was that the office of
the superintendent of public instruction should be specifically
authorized to take affirmative steps to ensure that school districts comply with all civil rights laws, similar to what has
already been authorized in chapter 28A.640 RCW with
respect to discrimination on the basis of sex. [2010 c 240 §
1.]
28A.642.005
28A.642.010 Discrimination prohibited—Definitions. Discrimination in Washington public schools on the
basis of race, creed, religion, color, national origin, honorably
discharged veteran or military status, sexual orientation
including gender expression or identity, the presence of any
sensory, mental, or physical disability, or the use of a trained
28A.642.040 Individual right of action. Any person
aggrieved by a violation of this chapter, or aggrieved by the
violation of any rule or guideline adopted under this chapter,
has a right of action in superior court for civil damages and
such equitable relief as the court determines. [2010 c 240 §
5.]
28A.642.040
28A.642.050 Authority of superintendent of public
instruction—Administrative orders. The superintendent
of public instruction has the power to enforce and obtain
compliance with the provisions of this chapter and the rules
and guidelines adopted under this chapter, by appropriate
order made pursuant to chapter 34.05 RCW. The order may
include, but is not limited to, termination of all or part of state
apportionment or categorical moneys to the offending school
district, termination of specified programs in which violations may be flagrant within the offending school district,
institution of corrective action, and the placement of the
offending school district on probation with appropriate sanctions until compliance is achieved. [2010 c 240 § 6.]
28A.642.050
28A.642.060 Chapter supplementary. This chapter is
supplementary to, and does not supersede, existing law and
procedures and future amendments to those laws and procedures relating to unlawful discrimination. [2010 c 240 § 7.]
28A.642.060
Chapter 28A.645
Sections
28A.645.010
28A.645.020
28A.645.030
28A.645.040
28A.642.010
[Title 28A RCW—page 280]
Chapter 28A.645 RCW
APPEALS FROM BOARD
Appeals—Notice of—Scope—Time limitation.
Transcript filed, certified.
Appeal to be heard de novo and expeditiously.
Certified copy of decision to county assessor when school
district boundaries changed.
Educational employment relations act: Chapter 41.59 RCW.
28A.645.010 Appeals—Notice of—Scope—Time limitation. Any person, or persons, either severally or collectively, aggrieved by any decision or order of any school offi28A.645.010
(2010 Ed.)
Education Technology
cial or board, within thirty days after the rendition of such
decision or order, or of the failure to act upon the same when
properly presented, may appeal the same to the superior court
of the county in which the school district or part thereof is situated, by filing with the secretary of the school board if the
appeal is from board action or failure to act, otherwise with
the proper school official, and filing with the clerk of the
superior court, a notice of appeal which shall set forth in a
clear and concise manner the errors complained of.
Appeals by teachers, principals, supervisors, superintendents, or other certificated employees from the actions of
school boards with respect to discharge or other action
adversely affecting their contract status, or failure to renew
their contracts for the next ensuing term shall be governed by
the appeal provisions of chapters 28A.400 and 28A.405
RCW therefor and in all other cases shall be governed by
chapter 28A.645 RCW. [1990 c 33 § 544; 1971 ex.s. c 282 §
40; 1969 ex.s. c 34 § 17; 1969 ex.s. c 223 § 28A.88.010.
Prior: 1961 c 241 § 9; 1909 c 97 p 362 § 1; RRS § 5064. Formerly RCW 28A.88.010, 28.88.010.] [SLC-RO-1.]
RCW 28A.645.010 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
Additional notes found at www.leg.wa.gov
28A.645.020 Transcript filed, certified. Within
twenty days of service of the notice of appeal, the school
board, at its expense, or the school official, at such official’s
expense, shall file the complete transcript of the evidence and
the papers and exhibits relating to the decision for which a
complaint has been filed. Such filings shall be certified to be
correct. [1971 ex.s. c 282 § 41. Formerly RCW 28A.88.013.]
28A.645.020
Additional notes found at www.leg.wa.gov
28A.645.030 Appeal to be heard de novo and expeditiously. Any appeal to the superior court shall be heard de
novo by the superior court. Such appeal shall be heard expeditiously. [1971 ex.s. c 282 § 42. Formerly RCW
28A.88.015.]
28A.645.030
Additional notes found at www.leg.wa.gov
28A.645.040 Certified copy of decision to county
assessor when school district boundaries changed. In
cases of appeal resulting in the change of any school district
boundaries the decision shall within five days thereafter be
also certified by the proper officer to the county assessor of
the county, or to the county assessors of the counties, wherein
the territory may lie. [1969 ex.s. c 223 § 28A.88.090. Prior:
1909 c 97 p 364 § 8; RRS § 5071. Formerly RCW
28A.88.090, 28.88.090.]
28A.645.040
Chapter 28A.650
Chapter 28A.650 RCW
EDUCATION TECHNOLOGY
Sections
28A.650.005 Findings—Intent.
28A.650.010 Definitions.
28A.650.015 Education technology plan—Educational technology advisory committee.
28A.650.020 Regional educational technology support centers—Advisory
councils.
28A.650.025 Distribution of funds for regional educational technology
support centers.
(2010 Ed.)
28A.650.015
28A.650.030 Distribution of funds to expand the education statewide network.
28A.650.035 Gifts, grants, and endowments.
28A.650.040 Rules.
28A.650.900 Findings—Intent—Part headings not law—1993 c 336.
28A.650.901 Findings—1993 c 336.
28A.650.005 Findings—Intent. The legislature recognizes that up-to-date tools will help students learn. Workplace technology requirements will continue to change and
students should be knowledgeable in the use of technologies.
Furthermore, the legislature finds that the Washington
systemic initiative is a broad-based effort to promote widespread public literacy in mathematics, science, and technology. An important component of the systemic initiative is the
universal electronic access to information by students. It is
the intent of the legislature that components of RCW
28A.650.010 through 28A.650.025 will support the statewide
systemic reform effort in mathematics, science, and technology as envisioned by the Washington systemic initiative.
[1993 c 336 § 701.]
28A.650.005
28A.650.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Education technology" or "technology" means the
effective use of electronic and optical tools, including telephones, and electronic and optical pathways in helping students learn.
(2) "Network" means integrated linking of education
technology systems in schools for transmission of voice,
data, video, or imaging, or a combination of these. [1993 c
336 § 702.]
28A.650.010
28A.650.015 Education technology plan—Educational technology advisory committee. (1) The superintendent of public instruction, to the extent funds are appropriated, shall develop and implement a Washington state K-12
education technology plan. The technology plan shall be
updated on at least a biennial basis, shall be developed to
coordinate and expand the use of education technology in the
common schools of the state. The plan shall be consistent
with applicable provisions of chapter 43.105 RCW. The
plan, at a minimum, shall address:
(a) The provision of technical assistance to schools and
school districts for the planning, implementation, and training of staff in the use of technology in curricular and administrative functions;
(b) The continued development of a network to connect
school districts, institutions of higher learning, and other
sources of online information; and
(c) Methods to equitably increase the use of education
technology by students and school personnel throughout the
state.
(2) The superintendent of public instruction shall appoint
an educational technology advisory committee to assist in the
development and implementation of the technology plan in
subsection (1) of this section. The committee shall include,
but is not limited to, persons representing: The department of
information services, educational service districts, school
directors, school administrators, school principals, teachers,
classified staff, higher education faculty, parents, students,
28A.650.015
[Title 28A RCW—page 281]
28A.650.020
Title 28A RCW: Common School Provisions
business, labor, scientists and mathematicians, the higher
education coordinating board, the workforce training and
education coordinating board, and the state library.
(3) The plan adopted and implemented under this section
may not impose on school districts any requirements that are
not specifically required by federal law or regulation, including requirements to maintain eligibility for the federal
schools and libraries program of the universal service fund.
[2009 c 556 § 17; 2006 c 263 § 917; 1995 c 335 § 507; 1994
c 245 § 2; 1993 c 336 § 703.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.650.020 Regional educational technology support centers—Advisory councils. Educational service districts shall establish, subject to available funding, regional
educational technology support centers for the purpose of
providing ongoing educator training, school district cost-benefit analysis, long-range planning, network planning, distance learning access support, and other technical and programmatic support. Each educational service district shall
establish a representative advisory council to advise the educational service district in the expenditure of funds provided
to the technology support centers. [1993 c 336 § 705.]
28A.650.020
Reviser’s note: 1993 c 336 directed that this section be added to chapter 28A.310 RCW. This section has been codified in chapter 28A.650 RCW,
which relates more directly to educational technology.
28A.650.025 Distribution of funds for regional educational technology support centers. The superintendent of
public instruction, to the extent funds are appropriated, shall
distribute funds to educational service districts on a grant
basis for the regional educational technology support centers
established in RCW 28A.650.020. [1993 c 336 § 706.]
28A.650.025
28A.650.030 Distribution of funds to expand the education statewide network. The superintendent of public
instruction, to the extent funds are appropriated, shall distribute funds to the Washington school information processing
cooperative and to school districts on a grant basis, from
moneys appropriated for the purposes of this section, for
equipment, networking, and software to expand the current
K-12 education statewide network. [1993 c 336 § 707.]
28A.650.030
28A.650.035 Gifts, grants, and endowments. The
superintendent of public instruction may receive such gifts,
grants, and endowments from public or private sources as
may be made from time to time, in trust or otherwise, for the
use and benefit of the purposes of educational technology and
expend the same or any income therefrom according to the
terms of the gifts, grants, or endowments. [2010 1st sp.s. c 9
§ 3; 1993 c 336 § 708.]
28A.650.035
Effective date—2010 1st sp.s. c 9: See note following RCW
43.105.805.
28A.650.040 Rules. The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW governing the operation and scope of this chapter.
[1993 c 336 § 709.]
28A.650.040
[Title 28A RCW—page 282]
28A.650.900 Findings—Intent—Part headings not
law—1993 c 336. See notes following RCW 28A.150.210.
28A.650.900
28A.650.901 Findings—1993 c 336. See note following RCW 28A.150.210.
28A.650.901
Chapter 28A.655
Chapter 28A.655 RCW
ACADEMIC ACHIEVEMENT
AND ACCOUNTABILITY
Sections
28A.655.005
28A.655.010
28A.655.061
Findings.
Washington commission on student learning—Definitions.
High school assessment system—Certificate of academic
achievement requirements—Exemptions—Options to
retake high school assessment—Objective alternative
assessment—Student learning plans.
28A.655.0611 Graduation without certificate of academic achievement or
certificate of individual achievement.
28A.655.063 Objective alternative assessments—Reimbursement of
costs—Testing fee waivers.
28A.655.065 Objective alternative assessment methods—Appeals from
assessment scores—Waivers and appeals from assessment requirements—Rules.
28A.655.066 Statewide end-of-course assessments for high school mathematics—Use for Washington assessment of student
learning.
28A.655.070 Essential academic learning requirements and assessments—Duties of the superintendent of public instruction.
28A.655.071 Revised essential academic learning requirements—Legislative review—Implementation.
28A.655.075 Essential academic learning requirements and grade level
expectations for educational technology literacy and
technology fluency—Assessments—Reports.
28A.655.090 Washington assessment of student learning—Reporting
requirements.
28A.655.100 Performance goals—Reporting requirements.
28A.655.110 Annual school performance report—Model report form.
28A.655.115 Outreach and feedback—Working group—Model feedback
tools and strategies.
28A.655.130 Accountability implementation funds.
28A.655.140 Technical assistance.
28A.655.150 Consolidation of requirements for categorical grant programs—Use of electronic applications and reporting.
28A.655.180 Waivers for educational restructuring programs.
28A.655.185 Intent—Apple award program.
28A.655.200 Norm-referenced assessments—Diagnostic assessments.
28A.655.210 K-12 education data improvement system.
28A.655.901 Part headings and captions not law—1999 c 388.
28A.655.902 Severability—1999 c 388.
28A.655.005 Findings. The legislature finds that the
purpose of Washington’s accountability system is to improve
student learning and student achievement of the essential academic learning requirement standards so that each individual
student will be given the opportunity to become a responsible
citizen and successfully live, learn, and work in the twentyfirst century. To achieve this purpose, the accountability system should be based on student achievement and continuous
improvement at all levels of Washington’s education system
and on a fundamental principle that all public school students
have access to curriculum and instruction that is aligned to
the standards.
The legislature further finds that the accountability system should rely on local responsibility and leadership. Districts and schools should be expected to improve and be evaluated based on their improvement over time. Districts should
recognize exceptional progress and work closely with
schools needing assistance.
28A.655.005
(2010 Ed.)
Academic Achievement and Accountability
The legislature further finds that the accountability system must be simple to use and understand. Consequences
must be predictable and fair. Differences among students,
schools, and districts should be recognized and respected as
the system is implemented. There should be a balance of each
student’s right to privacy and the public’s right to know the
overall levels of learning and achievement at the school, district, and state levels. In addition, the accountability system
should be continuously reviewed and improved as more is
learned about how schools operate to meet the learning needs
of Washington’s students. [1999 c 388 § 1.]
28A.655.010 Washington commission on student
learning—Definitions. Unless the context clearly requires
otherwise, the definitions in this section apply throughout
RCW *28A.630.885 and 28A.300.130.
(1) "Commission" means the commission on student
learning created in *RCW 28A.630.885.
(2) "Student learning goals" mean[s] the goals established in RCW 28A.150.210.
(3) "Essential academic learning requirements" means
more specific academic and technical skills and knowledge,
based on the student learning goals, as determined under
*RCW 28A.630.885(3)(a). Essential academic learning
requirements shall not limit the instructional strategies used
by schools or school districts or require the use of specific
curriculum.
(4) "Performance standards" or "standards" means the
criteria used to determine if a student has successfully
learned the specific knowledge or skill being assessed as
determined under *RCW 28A.630.885(3)(b). The standards
should be set at internationally competitive levels.
(5) "Assessment system" or "student assessment system"
means a series of assessments used to determine if students
have successfully learned the essential academic learning
requirements. The assessment system shall be developed
under *RCW 28A.630.885(3)(b).
(6) "Performance-based education system" means an
education system in which a significantly greater emphasis is
placed on how well students are learning, and significantly
less emphasis is placed on state-level laws and rules that dictate how instruction is to be provided. The performancebased education system does not require that schools use an
outcome-based instructional model. Decisions regarding how
instruction is provided are to be made, to the greatest extent
possible, by schools and school districts, not by the state.
[1993 c 336 § 201. Formerly RCW 28A.630.883.]
28A.655.010
*Reviser’s note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.630.879.
28A.655.061 High school assessment system—Certificate of academic achievement requirements—Exemptions—Options to retake high school assessment—Objective alternative assessment—Student learning plans. (1)
The high school assessment system shall include but need not
be limited to the Washington assessment of student learning,
opportunities for a student to retake the content areas of the
28A.655.061
(2010 Ed.)
28A.655.061
assessment in which the student was not successful, and if
approved by the legislature pursuant to subsection (10) of this
section, one or more objective alternative assessments for a
student to demonstrate achievement of state academic standards. The objective alternative assessments for each content
area shall be comparable in rigor to the skills and knowledge
that the student must demonstrate on the Washington assessment of student learning for each content area.
(2) Subject to the conditions in this section, a certificate
of academic achievement shall be obtained by most students
at about the age of sixteen, and is evidence that the students
have successfully met the state standard in the content areas
included in the certificate. With the exception of students
satisfying the provisio ns of RCW 28A.155.0 45 or
28A.655.0611, acquisition of the certificate is required for
graduation from a public high school but is not the only
requirement for graduation.
(3) Beginning with the graduating class of 2008, with the
exception of students satisfying the provisions of RCW
28A.155.045, a student who meets the state standards on the
reading, writing, and mathematics content areas of the high
school Washington assessment of student learning shall earn
a certificate of academic achievement. If a student does not
successfully meet the state standards in one or more content
areas required for the certificate of academic achievement,
then the student may retake the assessment in the content area
up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic
achievement. Once objective alternative assessments are
authorized pursuant to subsection (10) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards
for that content area if the student has taken the Washington
assessment of student learning at least once. If the student
successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of
academic achievement.
(4) Beginning no later than with the graduating class of
2013, a student must meet the state standards in science in
addition to the other content areas required under subsection
(3) of this section on the Washington assessment of student
learning or the objective alternative assessments in order to
earn a certificate of academic achievement. The state board
of education may adopt a rule that implements the requirements of this subsection (4) beginning with a graduating class
before the graduating class of 2013, if the state board of education adopts the rule by September 1st of the freshman
school year of the graduating class to which the requirements
of this subsection (4) apply. The state board of education’s
authority under this subsection (4) does not alter the requirement that any change in performance standards for the tenth
grade assessment must comply with RCW 28A.305.130.
(5) The state board of education may not require the
acquisition of the certificate of academic achievement for
students in home-based instruction under chapter 28A.200
RCW, for students enrolled in private schools under chapter
28A.195 RCW, or for students satisfying the provisions of
RCW 28A.155.045.
[Title 28A RCW—page 283]
28A.655.061
Title 28A RCW: Common School Provisions
(6) A student may retain and use the highest result from
each successfully completed content area of the high school
assessment.
(7) School districts must make available to students the
following options:
(a) To retake the Washington assessment of student
learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled
in a public school; or
(b) To retake the Washington assessment of student
learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled
in a high school completion program at a community or technical college. The superintendent of public instruction and
the state board for community and technical colleges shall
jointly identify means by which students in these programs
can be assessed.
(8) Students who achieve the standard in a content area
of the high school assessment but who wish to improve their
results shall pay for retaking the assessment, using a uniform
cost determined by the superintendent of public instruction.
(9) Opportunities to retake the assessment at least twice
a year shall be available to each school district.
(10)(a) The office of the superintendent of public
instruction shall develop options for implementing objective
alternative assessments, which may include an appeals process for students’ scores, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and
knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its
determination of student achievement of the state standards.
Before any objective alternative assessments in addition to
those authorized in RCW 28A.655.065 or (b) of this subsection are used by a student to demonstrate that the student has
met the state standards in a content area required to obtain a
certificate, the legislature shall formally approve the use of
any objective alternative assessments through the omnibus
appropriations act or by statute or concurrent resolution.
(b)(i) A student’s score on the mathematics, reading or
English, or writing portion of the SAT or the ACT may be
used as an objective alternative assessment under this section
for demonstrating that a student has met or exceeded the state
standards for the certificate of academic achievement. The
state board of education shall identify the scores students
must achieve on the relevant portion of the SAT or ACT to
meet or exceed the state standard in the relevant content area
on the Washington assessment of student learning. The state
board of education shall identify the first scores by December
1, 2007. After the first scores are established, the state board
may increase but not decrease the scores required for students
to meet or exceed the state standards.
(ii) Until August 31, 2008, a student’s score on the mathematics portion of the PSAT may be used as an objective
alternative assessment under this section for demonstrating
that a student has met or exceeded the state standard for the
certificate of academic achievement. The state board of education shall identify the score students must achieve on the
mathematics portion of the PSAT to meet or exceed the state
standard in that content area on the Washington assessment
of student learning.
[Title 28A RCW—page 284]
(iii) A student who scores at least a three on the grading
scale of one to five for selected AP examinations may use the
score as an objective alternative assessment under this section for demonstrating that a student has met or exceeded
state standards for the certificate of academic achievement.
A score of three on the AP examinations in calculus or statistics may be used as an alternative assessment for the mathematics portion of the Washington assessment of student
learning. A score of three on the AP examinations in English
language and composition may be used as an alternative
assessment for the writing portion of the Washington assessment of student learning. A score of three on the AP examinations in English literature and composition, macroeconomics, microeconomics, psychology, United States history,
world history, United States government and politics, or
comparative government and politics may be used as an alternative assessment for the reading portion of the Washington
assessment of student learning.
(11) By December 15, 2004, the house of representatives
and senate education committees shall obtain information
and conclusions from recognized, independent, national
assessment experts regarding the validity and reliability of
the high school Washington assessment of student learning
for making individual student high school graduation determinations.
(12) To help assure continued progress in academic
achievement as a foundation for high school graduation and
to assure that students are on track for high school graduation, each school district shall prepare plans for and notify
students and their parents or legal guardians as provided in
this subsection. Student learning plans are required for
eighth grade students who were not successful on any or all
of the content areas of the state assessment during the previous school year or who may not be on track to graduate due
to credit deficiencies or absences. The parent or legal guardian shall be notified about the information in the student
learning plan, preferably through a parent conference and at
least annually. To the extent feasible, schools serving
English language learner students and their parents shall
translate the plan into the primary language of the family.
The plan shall include the following information as applicable:
(a) The student’s results on the state assessment;
(b) If the student is in the transitional bilingual program,
the score on his or her Washington language proficiency test
II;
(c) Any credit deficiencies;
(d) The student’s attendance rates over the previous two
years;
(e) The student’s progress toward meeting state and local
graduation requirements;
(f) The courses, competencies, and other steps needed to
be taken by the student to meet state academic standards and
stay on track for graduation;
(g) Remediation strategies and alternative education
options available to students, including informing students of
the option to continue to receive instructional services after
grade twelve or until the age of twenty-one;
(h) The alternative assessment options available to students under this section and RCW 28A.655.065;
(2010 Ed.)
Academic Achievement and Accountability
(i) School district programs, high school courses, and
career and technical education options available for students
to meet graduation requirements; and
(j) Available programs offered through skill centers or
community and technical colleges, including the college high
school diploma options under RCW 28B.50.535. [2010 c
244 § 1; 2009 c 524 § 5; 2008 c 321 § 2. Prior: 2007 c 355 §
5; 2007 c 354 § 2; 2006 c 115 § 4; 2004 c 19 § 101.]
Intent—2009 c 524: See note following RCW 28B.50.535.
Findings—2008 c 321: "The legislature finds that high school students
need to graduate with the skills necessary to be successful in college and
work. The state graduation requirements help to ensure that Washington
high school graduates have the basic skills to be competitive in a global
economy. Under education reform started in 1993, time was to be the variable, obtaining the skills was to be the constant. Therefore, students who
need additional time to gain the academic skills needed for college and the
workplace should have the opportunities they need to reach high academic
achievement, even if that takes more than the standard four years of high
school.
Different students face different challenges and barriers to their academic success. Some students struggle to meet the standard on a single portion of the Washington assessment of student learning while excelling in the
other subject areas; other students struggle to complete the necessary state or
local graduation credits; while still others have their knowledge tested on the
assessments and have completed all the credit requirements but are struggling because English is not their first language. The legislature finds that
many of these students need additional time and support to achieve academic
proficiency and meet all graduation requirements." [2008 c 321 § 1.]
Finding—Intent—2007 c 355: See note following RCW 28B.50.534.
Findings—Intent—2007 c 354: "(1) The legislature maintains a strong
commitment to high expectations and high academic achievement for all students. The legislature finds that Washington schools and students are making significant progress in improving achievement in reading and writing.
Schools are adapting instruction and providing remediation for students who
need additional assistance. Reading and writing are being taught across the
curriculum. Therefore, the legislature does not intend to make changes to the
Washington assessment of student learning or high school graduation
requirements in reading and writing.
(2) However, students are having difficulty improving their academic
achievement in mathematics and science, particularly as measured by the
high school Washington assessment of student learning. The legislature
finds that corrections are needed in the state’s high school assessment system
that will improve alignment between learning standards, instruction, diagnosis, and assessment of students’ knowledge and skills in high school mathematics and science. The legislature further finds there is a sense of urgency
to make these corrections and intends to revise high school graduation
requirements in mathematics and science only for the minimum period for
corrections to be fully implemented." [2007 c 354 § 1.]
Part headings and captions not law—2004 c 19: "Part headings and
captions used in this act are not any part of the law." [2004 c 19 § 301.]
Severability—2004 c 19: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2004 c 19 § 302.]
Effective date—2004 c 19: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 18, 2004]." [2004 c 19 § 303.]
28A.655.0611 Graduation without certificate of academic achievement or certificate of individual achievement. (Expires August 31, 2013.) (1) Beginning with the
graduating class of 2008 and through no later than the graduating class of 2012, students may graduate from high school
without earning a certificate of academic achievement or a
certificate of individual achievement if they:
(a) Have not successfully met the mathematics standard
on the high school Washington assessment of student learning, an approved objective alternative assessment, or an alter28A.655.0611
(2010 Ed.)
28A.655.065
nate assessment developed for eligible special education students;
(b) Have successfully met the state standard in the other
content areas required for a certificate under RCW
28A.655.061 or 28A.155.045;
(c) Have met all other state and school district graduation
requirements; and
(d)(i) For the graduating class of 2008, successfully earn
one high school mathematics credit or career and technical
course equivalent, including courses offered at skill centers,
after the student’s eleventh grade year intended to increase
the student’s mathematics proficiency toward meeting or
exceeding the mathematics standards assessed on the high
school Washington assessment of student learning; and
(ii) For the remaining graduating classes under this section, successfully earn two mathematics credits or career and
technical course equivalent, including courses offered at skill
centers, after the student’s tenth grade year intended to
increase the student’s mathematics proficiency toward meeting or exceeding the mathematics standards assessed on the
high school Washington assessment of student learning.
(2) The state board of education may adopt a rule that
ends the application of this section with a graduating class
before the graduating class of 2012, if the state board of education adopts the rule by September 1st of the freshman
school year of the graduating class to which the provisions of
this section no longer apply. The state board of education’s
authority under this section does not alter the requirement
that any change in performance standards for the tenth grade
assessment must comply with RCW 28A.305.130.
(3) This section expires August 31, 2013. [2009 c 17 §
1; 2007 c 354 § 4.]
Effective date—2009 c 17: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 30, 2009]." [2009 c 17 § 2.]
F ind ing s— Inte nt— 2 007 c 35 4: See n ot e fol l ow i ng RC W
28A.655.061.
28A.655.063 Objective alternative assessments—
Reimbursement of costs—Testing fee waivers. Subject to
the availability of funds appropriated for this purpose, the
office of the superintendent of public instruction shall provide funds to school districts to reimburse students for the
cost of taking the tests in RCW 28A.655.061(10)(b) when the
students take the tests for the purpose of using the results as
an objective alternative assessment. The office of the superintendent of public instruction may, as an alternative to providing funds to school districts, arrange for students to
receive a testing fee waiver or make other arrangements to
compensate the students. [2007 c 354 § 7; 2006 c 115 § 5.]
28A.655.063
F ind ing s— Inte nt— 2 007 c 35 4: See n ot e fol l ow i ng RC W
28A.655.061.
28A.655.065 Objective alternative assessment methods—Appeals from assessment scores—Waivers and
appeals from assessment requirements—Rules. (1) The
legislature has made a commitment to rigorous academic
standards for receipt of a high school diploma. The primary
way that students will demonstrate that they meet the standards in reading, writing, mathematics, and science is
28A.655.065
[Title 28A RCW—page 285]
28A.655.065
Title 28A RCW: Common School Provisions
through the Washington assessment of student learning.
Only objective assessments that are comparable in rigor to
the state assessment are authorized as an alternative assessment. Before seeking an alternative assessment, the legislature expects students to make a genuine effort to meet state
standards, through regular and consistent attendance at
school and participation in extended learning and other assistance programs.
(2) Under RCW 28A.655.061, beginning in the 2006-07
school year, the superintendent of public instruction shall
implement objective alternative assessment methods as provided in this section for students to demonstrate achievement
of the state standards in content areas in which the student has
not yet met the standard on the high school Washington
assessment of student learning. A student may access an
alternative if the student meets applicable eligibility criteria
in RCW 28A.655.061 and this section and other eligibility
criteria established by the superintendent of public instruction, including but not limited to attendance criteria and participation in the remediation or supplemental instruction contained in the student learning plan developed under RCW
28A.655.061. A school district may waive attendance and/or
remediation criteria for special, unavoidable circumstances.
(3) For the purposes of this section, "applicant" means a
student seeking to use one of the alternative assessment
methods in this section.
(4) One alternative assessment method shall be a combination of the applicant’s grades in applicable courses and the
applicant’s highest score on the high school Washington
assessment of student learning, as provided in this subsection. A student is eligible to apply for the alternative assessment method under this subsection (4) if the student has a
cumulative grade point average of at least 3.2 on a four point
grading scale. The superintendent of public instruction shall
determine which high school courses are applicable to the
alternative assessment method and shall issue guidelines to
school districts.
(a) Using guidelines prepared by the superintendent of
public instruction, a school district shall identify the group of
students in the same school as the applicant who took the
same high school courses as the applicant in the applicable
content area. From the group of students identified in this
manner, the district shall select the comparison cohort that
shall be those students who met or slightly exceeded the state
standard on the Washington assessment of student learning.
(b) The district shall compare the applicant’s grades in
high school courses in the applicable content area to the
grades of students in the comparison cohort for the same high
school courses. If the applicant’s grades are equal to or above
the mean grades of the comparison cohort, the applicant shall
be deemed to have met the state standard on the alternative
assessment.
(c) An applicant may not use the alternative assessment
under this subsection (4) if there are fewer than six students
in the comparison cohort.
(5) The superintendent of public instruction shall
develop an alternative assessment method that shall be an
evaluation of a collection of work samples prepared and submitted by the applicant. Effective September 1, 2009, collection of work samples may be submitted only in content areas
[Title 28A RCW—page 286]
where meeting the state standard on the high school assessment is required for purposes of graduation.
(a) The superintendent of public instruction shall
develop guidelines for the types and number of work samples
in each content area that may be submitted as a collection of
evidence that the applicant has met the state standard in that
content area. Work samples may be collected from academic, career and technical, or remedial courses and may
include performance tasks as well as written products. The
superintendent shall submit the guidelines for approval by the
state board of education.
(b) The superintendent shall develop protocols for submission of the collection of work samples that include affidavits from the applicant’s teachers and school district that the
samples are the work of the applicant and a requirement that
a portion of the samples be prepared under the direct supervision of a classroom teacher. The superintendent shall submit
the protocols for approval by the state board of education.
(c) The superintendent shall develop uniform scoring
criteria for evaluating the collection of work samples and
submit the scoring criteria for approval by the state board of
education. Collections shall be scored at the state level or
regionally by a panel of educators selected and trained by the
superintendent to ensure objectivity, reliability, and rigor in
the evaluation. An educator may not score work samples
submitted by applicants from the educator’s school district.
If the panel awards an applicant’s collection of work samples
the minimum required score, the applicant shall be deemed to
have met the state standard on the alternative assessment.
(d) Using an open and public process that includes consultation with district superintendents, school principals, and
other educators, the state board of education shall consider
the guidelines, protocols, scoring criteria, and other information regarding the collection of work samples submitted by
the superintendent of public instruction. The collection of
work samples may be implemented as an alternative assessment after the state board of education has approved the
guidelines, protocols, and scoring criteria and determined
that the collection of work samples: (i) Will meet professionally accepted standards for a valid and reliable measure of the
grade level expectations and the essential academic learning
requirements; and (ii) is comparable to or exceeds the rigor of
the skills and knowledge that a student must demonstrate on
the Washington assessment of student learning in the applicable content area. The state board shall make an approval
decision and determination no later than December 1, 2006,
and thereafter may increase the required rigor of the collection of work samples.
(e) By September of 2006, the superintendent of public
instruction shall develop informational materials for parents,
teachers, and students regarding the collection of work samples and the status of its development as an alternative assessment method. The materials shall provide specific guidance
regarding the type and number of work samples likely to be
required, include examples of work that meets the state learning standards, and describe the scoring criteria and process
for the collection. The materials shall also encourage students in the graduating class of 2008 to begin creating a collection if they believe they may seek to use the collection
once it is implemented as an alternative assessment.
(2010 Ed.)
Academic Achievement and Accountability
(6)(a) For students enrolled in a career and technical education program approved under RCW 28A.700.030, the
superintendent of public instruction shall develop additional
guidelines for collections of work samples that are tailored to
different career and technical programs. The additional
guidelines shall:
(i) Provide multiple examples of work samples that are
related to the particular career and technical program;
(ii) Permit work samples based on completed activities
or projects where demonstration of academic knowledge is
inferred; and
(iii) Provide multiple examples of work samples drawn
from career and technical courses.
(b) The purpose of the additional guidelines is to provide
a clear pathway toward a certificate of academic achievement
for career and technical students by showing them applied
and relevant opportunities to demonstrate their knowledge
and skills, and to provide guidance to teachers in integrating
academic and career and technical instruction and assessment
and assisting career and technical students in compiling a collection. The superintendent of public instruction shall
develop and disseminate additional guidelines for no fewer
than ten career and technical education programs representing a variety of program offerings by no later than September
1, 2008. Guidelines for ten additional programs shall be
developed and disseminated no later than June 1, 2009.
(c) The superintendent shall consult with community and
technical colleges, employers, the workforce training and
education coordinating board, apprenticeship programs, and
other regional and national experts in career and technical
education to create appropriate guidelines and examples of
work samples and other evidence of a career and technical
student’s knowledge and skills on the state academic standards.
(7) The superintendent of public instruction shall study
the feasibility of using existing mathematics assessments in
languages other than English as an additional alternative
assessment option. The study shall include an estimation of
the cost of translating the tenth grade mathematics assessment into other languages and scoring the assessments should
they be implemented.
(8) The superintendent of public instruction shall implement:
(a) By June 1, 2006, a process for students to appeal the
score they received on the high school assessments; and
(b) By January 1, 2007, guidelines and appeal processes
for waiving specific requirements in RCW 28A.655.061 pertaining to the certificate of academic achievement and to the
certificate of individual achievement for students who: (i)
Transfer to a Washington public school in their junior or
senior year with the intent of obtaining a public high school
diploma, or (ii) have special, unavoidable circumstances.
(9) The state board of education shall examine opportunities for additional alternative assessments, including the
possible use of one or more standardized norm-referenced
student achievement tests and the possible use of the reading,
writing, or mathematics portions of the ACT ASSET and
ACT COMPASS test instruments as objective alternative
assessments for demonstrating that a student has met the state
standards for the certificate of academic achievement. The
state board shall submit its findings and recommendations to
(2010 Ed.)
28A.655.066
the education committees of the legislature by January 10,
2008.
(10) The superintendent of public instruction shall adopt
rules to implement this section. [2009 c 556 § 19; 2008 c 170
§ 205; 2007 c 354 § 6; 2006 c 115 § 1.]
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
F ind ing s— Inte nt— 2 007 c 35 4: See n ot e fol l ow i ng RC W
28A.655.061.
28A.655.066 Statewide end-of-course assessments
for high school mathematics—Use for Washington assessment of student learning. (1)(a) In consultation with the
state board of education, the superintendent of public instruction shall develop statewide end-of-course assessments for
high school mathematics that measure student achievement
of the state mathematics standards. The superintendent shall
take steps to ensure that the language of the assessments is
responsive to a diverse student population. The assessments
shall be implemented statewide in the 2010-11 school year.
(b) The superintendent shall develop end-of-course
assessments for the first year of high school mathematics that
include the standards common to algebra I and integrated
mathematics I and for the second year of high school mathematics that include the standards common to geometry and
integrated mathematics II. The assessments under this subsection (1)(b) shall be used to demonstrate that a student
meets the state standard on the mathematics content area of
the high school Washington assessment of student learning
for purposes of RCW 28A.655.061.
(c) The superintendent of public instruction shall also
develop subtests for the end-of-course assessments that measure standards for the first two years of high school mathematics that are unique to algebra I, integrated mathematics I,
geometry, and integrated mathematics II. The results of the
subtests shall be reported at the student, teacher, school, and
district level.
(2) For the graduating classes of 2013 and 2014 and for
purposes of the certificate of academic achievement under
RCW 28A.655.061, a student may use: (a) Results from the
end-of-course assessment for the first year of high school
mathematics plus the results from the end-of-course assessment for the second year of high school mathematics; or (b)
results from the comprehensive mathematics assessment to
demonstrate that a student meets the state standard on the
mathematics content area of the high school Washington
assessment of student learning.
(3) Beginning with the graduating class of 2015 and for
purposes of the certificate of academic achievement under
RCW 28A.655.061, the mathematics content area of the
Washington assessment of student learning shall be assessed
using the end-of-course assessment for the first year of high
school mathematics plus the end-of-course assessment for the
second year of high school mathematics. All of the objective
alternative assessments available to students under RCW
28A.655.061 and 28A.655.065 shall be available to any student who has taken the sequence of end-of-course assessments once but does not meet the state mathematics standard
on the sequence of end-of-course assessments.
(4) The superintendent of public instruction shall report
at least annually or more often if necessary to keep the educa28A.655.066
[Title 28A RCW—page 287]
28A.655.070
Title 28A RCW: Common School Provisions
tion committees of the legislature informed on each step of
the development and implementation process under this section. [2009 c 310 § 3; 2008 c 163 § 3.]
Findings—2008 c 163: "The legislature finds that, according to a
recent report from a consultant retained by the state board of education, endof-course assessments have certain advantages over comprehensive assessments such as the current form of the Washington assessment of student
learning, and in most other areas end-of-course assessments are comparable
to comprehensive assessments in meeting public policy objectives for a
statewide assessment system. The legislature further finds that because the
state’s assessment contract will be renegotiated before the end of 2008, the
2008 legislature has an opportunity to provide policy direction in the design
of the state assessment system and the design of the Washington assessment
of student learning." [2008 c 163 § 1.]
28A.655.070 Essential academic learning requirements and assessments—Duties of the superintendent of
public instruction. (1) The superintendent of public instruction shall develop essential academic learning requirements
that identify the knowledge and skills all public school students need to know and be able to do based on the student
learning goals in RCW 28A.150.210, develop student assessments, and implement the accountability recommendations
and requests regarding assistance, rewards, and recognition
of the state board of education.
(2) The superintendent of public instruction shall:
(a) Periodically revise the essential academic learning
requirements, as needed, based on the student learning goals
in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill
areas in the other goals in the essential academic learning
requirements; and
(b) Review and prioritize the essential academic learning
requirements and identify, with clear and concise descriptions, the grade level content expectations to be assessed on
the Washington assessment of student learning and used for
state or federal accountability purposes. The review, prioritization, and identification shall result in more focus and targeting with an emphasis on depth over breadth in the number
of grade level content expectations assessed at each grade
level. Grade level content expectations shall be articulated
over the grades as a sequence of expectations and performances that are logical, build with increasing depth after
foundational knowledge and skills are acquired, and reflect,
where appropriate, the sequential nature of the discipline.
The office of the superintendent of public instruction, within
seven working days, shall post on its web site any grade level
content expectations provided to an assessment vendor for
use in constructing the Washington assessment of student
learning.
(3)(a) In consultation with the state board of education,
the superintendent of public instruction shall maintain and
continue to develop and revise a statewide academic assessment system in the content areas of reading, writing, mathematics, and science for use in the elementary, middle, and
high school years designed to determine if each student has
mastered the essential academic learning requirements identified in subsection (1) of this section. School districts shall
administer the assessments under guidelines adopted by the
superintendent of public instruction. The academic assessment system may include a variety of assessment methods,
28A.655.070
[Title 28A RCW—page 288]
including criterion-referenced and performance-based measures.
(b) Effective with the 2009 administration of the Washington assessment of student learning, the superintendent
shall redesign the assessment in the content areas of reading,
mathematics, and science in all grades except high school by
shortening test administration and reducing the number of
short answer and extended response questions.
(4) If the superintendent proposes any modification to
the essential academic learning requirements or the statewide
assessments, then the superintendent shall, upon request, provide opportunities for the education committees of the house
of representatives and the senate to review the assessments
and proposed modifications to the essential academic learning requirements before the modifications are adopted.
(5) The assessment system shall be designed so that the
results under the assessment system are used by educators as
tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the
appropriate periods in the student’s educational development.
(6) By September 2007, the results for reading and mathematics shall be reported in a format that will allow parents
and teachers to determine the academic gain a student has
acquired in those content areas from one school year to the
next.
(7) To assist parents and teachers in their efforts to provide educational support to individual students, the superintendent of public instruction shall provide as much individual
student performance information as possible within the constraints of the assessment system’s item bank. The superintendent shall also provide to school districts:
(a) Information on classroom-based and other assessments that may provide additional achievement information
for individual students; and
(b) A collection of diagnostic tools that educators may
use to evaluate the academic status of individual students.
The tools shall be designed to be inexpensive, easily administered, and quickly and easily scored, with results provided
in a format that may be easily shared with parents and students.
(8) To the maximum extent possible, the superintendent
shall integrate knowledge and skill areas in development of
the assessments.
(9) Assessments for goals three and four of RCW
28A.150.210 shall be integrated in the essential academic
learning requirements and assessments for goals one and two.
(10) The superintendent shall develop assessments that
are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of
gender.
(11) The superintendent shall consider methods to
address the unique needs of special education students when
developing the assessments under this section.
(12) The superintendent shall consider methods to
address the unique needs of highly capable students when
developing the assessments under this section.
(13) The superintendent shall post on the superintendent’s web site lists of resources and model assessments in
social studies, the arts, and health and fitness. [2008 c 163 §
(2010 Ed.)
Academic Achievement and Accountability
2; 2007 c 354 § 5; 2005 c 497 § 106; 2004 c 19 § 204; 1999 c
388 § 501.]
Findings—2008 c 163: See note following RCW 28A.655.066.
F ind ing s— Inte nt— 20 07 c 35 4: See n ot e fol l ow i ng RC W
28A.655.061.
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
28A.655.071 Revised essential academic learning
requirements—Legislative review—Implementation. (1)
By August 2, 2010, the superintendent of public instruction
may revise the state essential academic learning requirements
authorized under RCW 28A.655.070 for mathematics, reading, writing, and communication by provisionally adopting a
common set of standards for students in grades kindergarten
through twelve. The revised state essential academic learning requirements may be substantially identical with the standards developed by a multistate consortium in which Washington participated, must be consistent with the requirements
of RCW 28A.655.070, and may include additional standards
if the additional standards do not exceed fifteen percent of the
standards for each content area. However, the superintendent
of public instruction shall not take steps to implement the
provisionally adopted standards until the education committees of the house of representatives and the senate have an
opportunity to review the standards.
(2) By January 1, 2011, the superintendent of public
instruction shall submit to the education committees of the
house of representatives and the senate:
(a) A detailed comparison of the provisionally adopted
standards and the state essential academic learning requirements as of June 10, 2010, including the comparative level of
rigor and specificity of the standards and the implications of
any identified differences; and
(b) An estimated timeline and costs to the state and to
school districts to implement the provisionally adopted standards, including providing necessary training, realignment of
curriculum, adjustment of state assessments, and other
actions.
(3) The superintendent may implement the revisions to
the essential academic learning requirements under this section after the 2011 legislative session unless otherwise
directed by the legislature. [2010 c 235 § 601.]
28A.655.071
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.655.075 Essential academic learning requirements and grade level expectations for educational technology literacy and technology fluency—Assessments—
Reports. (Expires July 1, 2011.) (1) Within funds specifically appropriated therefor, by December 1, 2008, the superintendent of public instruction shall develop essential academic learning requirements and grade level expectations for
educational technology literacy and technology fluency that
identify the knowledge and skills that all public school students need to know and be able to do in the areas of technology and technology literacy. The development process shall
include a review of current standards that have been developed or are used by other states and national and international
technology associations. To the maximum extent possible,
28A.655.075
the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the technology
essential academic learning requirements.
(a) As used in this section, "technology literacy" means
the ability to responsibly, creatively, and effectively use
appropriate technology to communicate; access, collect,
manage, integrate, and evaluate information; solve problems
and create solutions; build and share knowledge; and
improve and enhance learning in all subject areas and experiences.
(b) Technology fluency builds upon technology literacy
and is demonstrated when students: Apply technology to
real-world experiences; adapt to changing technologies;
modify current and create new technologies; and personalize
technology to meet personal needs, interests, and learning
styles.
(2)(a) Within funds specifically appropriated therefor,
the superintendent shall obtain or develop education technology assessments that may be administered in the elementary,
middle, and high school grades to assess the essential academic learning requirements for technology. The assessments shall be designed to be classroom or project-based so
that they can be embedded in classroom instruction and be
administered and scored by school staff throughout the regular school year using consistent scoring criteria and procedures. By the 2010-11 school year, these assessments shall
be made available to school districts for the districts’ voluntary use. If a school district uses the assessments created
under this section, then the school district shall notify the
superintendent of public instruction of the use. The superintendent shall report annually to the legislature on the number
of school districts that use the assessments each school year.
(b) Beginning December 1, 2010, and annually thereafter, the superintendent of public instruction shall provide a
report to the relevant legislative committees regarding the use
of the assessments.
(3) This section is suspended until July 1, 2011. [2009 c
556 § 15; 2007 c 396 § 16.]
Expiration date—2009 c 556 §§ 11, 13, and 15: See note following
RCW 28A.300.525.
Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
Essential academic learning requirements and grade level expectations—
Revised standards and curricula for mathematics and science—Duties
of the state board of education and the superintendent of public
instruction: RCW 28A.305.215.
28A.655.075
(2010 Ed.)
28A.655.075 Essential academic learning requirements and grade level expectations for educational technology literacy and technology fluency—Assessments—
Reports. (Effective July 1, 2011.) (1) Within funds specifically appropriated therefor, by December 1, 2008, the superintendent of public instruction shall develop essential academic learning requirements and grade level expectations for
educational technology literacy and technology fluency that
identify the knowledge and skills that all public school students need to know and be able to do in the areas of technology and technology literacy. The development process shall
include a review of current standards that have been developed or are used by other states and national and international
28A.655.075
[Title 28A RCW—page 289]
28A.655.090
Title 28A RCW: Common School Provisions
technology associations. To the maximum extent possible,
the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the technology
essential academic learning requirements.
(a) As used in this section, "technology literacy" means
the ability to responsibly, creatively, and effectively use
appropriate technology to communicate; access, collect,
manage, integrate, and evaluate information; solve problems
and create solutions; build and share knowledge; and
improve and enhance learning in all subject areas and experiences.
(b) Technology fluency builds upon technology literacy
and is demonstrated when students: Apply technology to
real-world experiences; adapt to changing technologies;
modify current and create new technologies; and personalize
technology to meet personal needs, interests, and learning
styles.
(2)(a) Within funds specifically appropriated therefor,
the superintendent shall obtain or develop education technology assessments that may be administered in the elementary,
middle, and high school grades to assess the essential academic learning requirements for technology. The assessments shall be designed to be classroom or project-based so
that they can be embedded in classroom instruction and be
administered and scored by school staff throughout the regular school year using consistent scoring criteria and procedures. By the 2010-11 school year, these assessments shall
be made available to school districts for the districts’ voluntary use. If a school district uses the assessments created
under this section, then the school district shall notify the
superintendent of public instruction of the use. The superintendent shall report annually to the legislature on the number
of school districts that use the assessments each school year.
(b) Beginning December 1, 2010, and annually thereafter, the superintendent of public instruction shall provide a
report to the relevant legislative committees regarding the use
of the assessments. [2007 c 396 § 16.]
Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
Essential academic learning requirements and grade level expectations—
Revised standards and curricula for mathematics and science—Duties
of the state board of education and the superintendent of public
instruction: RCW 28A.305.215.
28A.655.090 Washington assessment of student
learning—Reporting requirements. (1) By September 10,
1998, and by September 10th each year thereafter, the superintendent of public instruction shall report to schools, school
districts, and the legislature on the results of the Washington
assessment of student learning and state-mandated norm-referenced standardized tests.
(2) The reports shall include the assessment results by
school and school district, and include changes over time.
For the Washington assessment of student learning, results
shall be reported as follows:
(a) The percentage of students meeting the standards;
(b) The percentage of students performing at each level
of the assessment;
(c) Disaggregation of results by at least the following
subgroups of students: White, Black, Hispanic, American
28A.655.090
[Title 28A RCW—page 290]
Indian/Alaskan Native, Asian, Pacific Islander/Hawaiian
Native, low income, transitional bilingual, migrant, special
education, and, beginning with the 2009-10 school year, students covered by section 504 of the federal rehabilitation act
of 1973, as amended (29 U.S.C. Sec. 794); and
(d) A learning improvement index that shows changes in
student performance within the different levels of student
learning reported on the Washington assessment of student
learning.
(3) The reports shall contain data regarding the different
characteristics of schools, such as poverty levels, percent of
English as a second language students, dropout rates, attendance, percent of students in special education, and student
mobility so that districts and schools can learn from the
improvement efforts of other schools and districts with similar characteristics.
(4) The reports shall contain student scores on mandated
tests by comparable Washington schools of similar characteristics.
(5) The reports shall contain information on public
school choice options available to students, including vocational education.
(6) The reports shall be posted on the superintendent of
public instruction’s internet web site.
(7) To protect the privacy of students, the results of
schools and districts that test fewer than ten students in a
grade level shall not be reported. In addition, in order to
ensure that results are reported accurately, the superintendent
of public instruction shall maintain the confidentiality of
statewide data files until the superintendent determines that
the data are complete and accurate.
(8) The superintendent of public instruction shall monitor the percentage and number of special education and limited English-proficient students exempted from taking the
assessments by schools and school districts to ensure the
exemptions are in compliance with exemption guidelines.
[2008 c 165 § 3; 1999 c 388 § 301; 1998 c 319 § 301. Formerly RCW 28A.630.889.]
Additional notes found at www.leg.wa.gov
28A.655.100 Performance goals—Reporting
requirements. Each school district board of directors shall:
(1)(a) Annually report to parents and to the community
in a public meeting and annually report in writing the following information:
(i) District-wide and school-level performance improvement goals;
(ii) Student performance relative to the goals; and
(iii) District-wide and school-level plans to achieve the
goals, including curriculum and instruction, parental or
guardian involvement, and resources available to parents and
guardians to help students meet the state standards;
(b) Report annually in a news release to the local media
the district’s progress toward meeting the district-wide and
school-level goals; and
(c) Include the school-level goals, student performance
relative to the goals, and a summary of school-level plans to
achieve the goals in each school’s annual school performance
report under RCW 28A.655.110.
28A.655.100
(2010 Ed.)
Academic Achievement and Accountability
(2) School districts in which ten or fewer students in the
district or in a school in the district are eligible to be assessed
in a grade level are not required to report numerical improvement goals and performance relative to the goals, but are
required to report to parents and the community their plans to
improve student achievement. [1999 c 388 § 302.]
28A.655.110 Annual school performance report—
Model report form. (1) Beginning with the 1994-95 school
year, to provide the local community and electorate with
access to information on the educational programs in the
schools in the district, each school shall publish annually a
school performance report and deliver the report to each parent with children enrolled in the school and make the report
available to the community served by the school. The annual
performance report shall be in a form that can be easily
understood and be used by parents, guardians, and other
members of the community who are not professional educators to make informed educational decisions. As data from
the assessments in *RCW 28A.655.060 becomes available,
the annual performance report should enable parents, educators, and school board members to determine whether students in the district’s schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other
important facts about the schools’ performance in assisting
students to learn. The annual report shall make comparisons
to a school’s performance in preceding years, student performance relative to the goals and the percentage of students
performing at each level of the assessment, a comparison of
student performance at each level of the assessment to the
previous year’s performance, and information regarding
school-level plans to achieve the goals.
(2) The annual performance report shall include, but not
be limited to: (a) A brief statement of the mission of the
school and the school district; (b) enrollment statistics including student demographics; (c) expenditures per pupil for the
school year; (d) a summary of student scores on all mandated
tests; (e) a concise annual budget report; (f) student attendance, graduation, and dropout rates; (g) information regarding the use and condition of the school building or buildings;
(h) a brief description of the learning improvement plans for
the school; (i) a summary of the feedback from parents and
community members obtained under RCW 28A.655.115;
and (j) an invitation to all parents and citizens to participate in
school activities.
(3) The superintendent of public instruction shall
develop by June 30, 1994, and update periodically, a model
report form, which shall also be adapted for computers, that
schools may use to meet the requirements of subsections (1)
and (2) of this section. In order to make school performance
reports broadly accessible to the public, the superintendent of
public instruction, to the extent feasible, shall make information on each school’s report available on or through the
superintendent’s internet web site. [2010 c 235 § 703; 1999
c 3 88 § 30 3; 1 993 c 3 36 § 10 06 . Fo rm erly R CW
28A.320.205.]
28A.655.110
*Reviser’s note: RCW 28A.655.060 was repealed by 2004 c 19 § 206.
Finding—2010 c 235: See note following RCW 28A.405.245.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
(2010 Ed.)
28A.655.130
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.655.115 Outreach and feedback—Working
group—Model feedback tools and strategies. (1) Beginning with the 2010-11 school year, each school shall conduct
outreach and seek feedback from a broad and diverse range of
parents, other individuals, and organizations in the community regarding their experiences with the school. The school
shall summarize the responses in its annual report under
RCW 28A.655.110.
(2) The office of the superintendent of public instruction
shall create a working group with representatives of organizations representing parents, teachers, and principals as well
as diverse communities. The working group shall also
include a representative from the achievement gap oversight
and accountability committee. By September 1, 2010, the
working group shall develop model feedback tools and strategies that school districts may use to facilitate the feedback
process required in subsection (1) of this section. The model
tools and strategies are intended to provide assistance to
school districts. School districts are encouraged to adapt the
models or develop unique tools and strategies that best fit the
circumstances in their communities. [2010 c 235 § 702.]
28A.655.115
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.655.130 Accountability implementation funds.
(1) To the extent funds are appropriated, the office of the
superintendent of public instruction annually shall allocate
accountability implementation funds to school districts. The
purposes of the funds are to: Develop and update student
learning improvement plans; implement curriculum materials
and instructional strategies; provide staff professional development to implement the selected curricula and instruction;
develop and implement assessment strategies and training in
assessment scoring; and fund other activities intended to
improve student learning for all students, including students
with diverse needs. Activities funded by the allocations must
be consistent with the school or district improvement plan,
designed to improve the ability of teachers and other instructional certificated and classified staff to assist students in
meeting the essential academic learning requirements, and
designed to achieve state and local accountability goals.
Activities funded by the allocations shall be designed to protect the teachers’ instructional time with students and minimize the use of substitute teachers.
(2) Schools receiving funds shall develop, update as
needed, and keep on file a school student learning improvement plan to achieve the student learning goals and essential
academic learning requirements and to implement the assessment system as it is developed. The plan shall delineate how
the accountability implementation funds will be used to
accomplish the requirements of this section. The plan shall be
made available to the public and to others upon request.
(3) The amount of allocations shall be determined in the
omnibus appropriations act.
(4) The state schools for the deaf and blind are eligible to
receive allocations under this section.
(5) The superintendent of public instruction may adopt
timelines and rules as necessary under chapter 34.05 RCW to
administer the program, and require that schools and districts
28A.655.130
[Title 28A RCW—page 291]
28A.655.140
Title 28A RCW: Common School Provisions
submit reports regarding the use of the funds. [1999 c 388 §
402.]
28A.655.140
28A.655.140 Technical assistance. (1) In order to
increase the availability and quality of technical assistance
statewide, the superintendent of public instruction, subject to
available funding, may employ school improvement coordinators and school improvement specialists to provide assistance to schools and districts. The improvement specialists
shall serve on a rotating basis and shall not be permanent
employees.
(2) The types of assistance provided by the improvement
coordinators and specialists may include, but need not be limited to:
(a) Assistance to schools to use student performance data
and develop improvement plans based on those data;
(b) Consultation with schools and districts concerning
their performance on the Washington assessment of student
learning and other assessments;
(c) Consultation concerning curricula that aligns with the
essential academic learning requirements and the Washington assessment of student learning and that meets the needs of
diverse learners;
(d) Assistance in the identification and implementation
of research-based instructional practices;
(e) Staff training that emphasizes effective instructional
strategies and classroom-based assessment;
(f) Assistance in developing and implementing family
and community involvement programs; and
(g) Other assistance to schools and school districts
intended to improve student learning. [1999 c 388 § 403.]
28A.655.150
28A.655.150 Consolidation of requirements for categorical grant programs—Use of electronic applications
and reporting. The superintendent of public instruction, in
consultation with school district personnel, shall consolidate
and streamline the planning, application, and reporting
requirements for major state and federal categorical and grant
programs. The superintendent also shall take actions to
increase the use of online electronic applications and reporting. [1999 c 388 § 602.]
28A.655.180
28A.655.180 Waivers for educational restructuring
programs. (1) The state board of education, where appropriate, or the superintendent of public instruction, where appropriate, may grant waivers to districts from the provisions of
statutes or rules relating to: The length of the school year;
student-to-teacher ratios; and other administrative rules that
in the opinion of the state board of education or the opinion of
the superintendent of public instruction may need to be
waived in order for a district to implement a plan for restructuring its educational program or the educational program of
individual schools within the district.
(2) School districts may use the application process in
RCW 28A.305.140 to apply for the waivers under this section. [2009 c 543 § 3; 1995 c 208 § 1; (1997 c 431 § 23
expired June 30, 1999). Formerly RCW 28A.630.945.]
Finding—Intent—2009 c 543: See note following RCW 28A.305.141.
[Title 28A RCW—page 292]
28A.655.185 Intent—Apple award program. (1) It is
the intent of the legislature, through the creation of the apple
award, to honor and reward students in Washington’s public
elementary schools who have shown significant improvement in their school’s results on the Washington assessment
of student learning.
(2) The apple award program is created to honor and
reward public elementary schools that have the greatest combined average increase in the percentage of students meeting
the fourth grade reading, mathematics, and writing standards
on the Washington assessment of student learning each
school year. The program shall be administered by the state
board of education.
(3) Within the amounts appropriated for this purpose,
each school that receives an apple award shall be provided
with a twenty-five thousand dollar grant to be used for capital
construction purposes that have been selected by students in
the school and approved by the district’s school directors.
The funds may be used exclusively for capital construction
projects on school property or on other public property in the
community, city, or county in which the school is located.
[2005 c 495 § 1.]
28A.655.185
28A.655.200 Norm-referenced assessments—Diagnostic assessments. (1) The legislature intends to permit
school districts to offer norm-referenced assessments, make
diagnostic tools available to school districts, and provide
funding for diagnostic assessments to enhance student learning at all grade levels and provide early intervention before
the high school Washington assessment of student learning.
(2) In addition to the diagnostic assessments provided
under this section, school districts may, at their own expense,
administer norm-referenced assessments to students.
(3) Subject to the availability of amounts appropriated
for this purpose, the office of the superintendent of public
instruction shall post on its web site for voluntary use by
school districts, a guide of diagnostic assessments. The
assessments in the guide, to the extent possible, shall include
the characteristics listed in subsection (4) of this section.
(4) Subject to the availability of amounts appropriated
for this purpose, beginning September 1, 2007, the office of
the superintendent of public instruction shall make diagnostic
assessments in reading, writing, mathematics, and science in
elementary, middle, and high school grades available to
school districts. Subject to funds appropriated for this purpose, the office of the superintendent of public instruction
shall also provide funding to school districts for administration of diagnostic assessments to help improve student learning, identify academic weaknesses, enhance student planning
and guidance, and develop targeted instructional strategies to
assist students before the high school Washington assessment
of student learning. To the greatest extent possible, the
assessments shall be:
(a) Aligned to the state’s grade level expectations;
(b) Individualized to each student’s performance level;
(c) Administered efficiently to provide results either
immediately or within two weeks;
(d) Capable of measuring individual student growth over
time and allowing student progress to be compared to other
students across the country;
(e) Readily available to parents; and
28A.655.200
(2010 Ed.)
Accountability System
(f) Cost-effective.
(5) The office of the superintendent of public instruction
shall offer training at statewide and regional staff development activities in:
(a) The interpretation of diagnostic assessments; and
(b) Application of instructional strategies that will
increase student learning based on diagnostic assessment
data. [2009 c 539 § 1; 2007 c 354 § 8; 2006 c 117 § 4; 2005
c 217 § 2.]
Effective date—2009 c 539: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009."
[2009 c 539 § 7.]
F ind ing s— Inte nt— 20 07 c 35 4: See n ot e fol l ow i ng RC W
28A.655.061.
Intent—2006 c 117: See note following RCW 28A.600.045.
28A.655.210 K-12 education data improvement system. (1) It is the legislature’s intent to establish a comprehensive K-12 education data improvement system for financial, student, and educator data. The objective of the system
is to monitor student progress, have information on the quality of the educator workforce, monitor and analyze the costs
of programs, provide for financial integrity and accountability, and have the capability to link across these various data
components by student, by class, by teacher, by school, by
district, and statewide. Education data systems must be flexible and able to adapt to evolving needs for information, but
there must be an objective and orderly data governance process for determining when changes are needed and how to
implement them. It is the further intent of the legislature to
provide independent review and evaluation of a comprehensive K-12 education data improvement system by assigning
the review and monitoring responsibilities to the education
data center and the legislative evaluation and accountability
program committee.
(2) It is the intent that the data system specifically service reporting requirements for teachers, parents, superintendents, school boards, the legislature, the office of the superintendent of public instruction, and the public.
(3) It is the legislature’s intent that the K-12 education
data improvement system used by school districts and the
state include but not be limited to the following information
and functionality:
(a) Comprehensive educator information, including
grade level and courses taught, building or location, program,
job assignment, years of experience, the institution of higher
education from which the educator obtained his or her
degree, compensation, class size, mobility of class population, socioeconomic data of class, number of languages and
which languages are spoken by students, general resources
available for curriculum and other classroom needs, and
number and type of instructional support staff in the building;
(b) The capacity to link educator assignment information
with educator certification information such as certification
number, type of certification, route to certification, certification program, and certification assessment or evaluation
scores;
(c) Common coding of secondary courses and major
areas of study at the elementary level or standard coding of
course content;
28A.655.210
(2010 Ed.)
Chapter 28A.657
(d) Robust student information, including but not limited
to student characteristics, course and program enrollment,
performance on statewide and district summative and formative assessments to the extent district assessments are used,
and performance on college readiness tests;
(e) A subset of student information elements to serve as
a dropout early warning system;
(f) The capacity to link educator information with student information;
(g) A common, standardized structure for reporting the
costs of programs at the school and district level with a focus
on the cost of services delivered to students;
(h) Separate accounting of state, federal, and local revenues and costs;
(i) Information linking state funding formulas to school
district budgeting and accounting, including procedures:
(i) To support the accuracy and auditing of financial
data; and
(ii) Using the prototypical school model for school district financial accounting reporting;
(j) The capacity to link program cost information with
student performance information to gauge the cost-effectiveness of programs;
(k) Information that is centrally accessible and updated
regularly; and
(l) An anonymous, nonidentifiable replicated copy of
data that is updated at least quarterly, and made available to
the public by the state.
(4) It is the legislature’s goal that all school districts have
the capability to collect state-identified common data and
export it in a standard format to support a statewide K-12
education data improvement system under this section.
(5) It is the legislature’s intent that the K-12 education
data improvement system be developed to provide the capability to make reports as required under RCW 28A.300.507
available.
(6) It is the legislature’s intent that school districts collect and report new data elements to satisfy the requirements
of RCW 43.41.400, this section, and RCW 28A.300.507,
only to the extent funds are available for this purpose. [2009
c 548 § 202.]
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.655.901 Part headings and captions not law—
1999 c 388. Part headings and section captions used in this
act are not any part of the law. [1999 c 388 § 605.]
28A.655.901
28A.655.902 Severability—1999 c 388. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1999 c 388 § 609.]
28A.655.902
Chapter 28A.657
Chapter 28A.657 RCW
ACCOUNTABILITY SYSTEM
Sections
28A.657.005 Finding.
[Title 28A RCW—page 293]
28A.657.005
Title 28A RCW: Common School Provisions
28A.657.010 Definitions.
28A.657.020 Persistently lowest achieving schools—Identification—Criteria.
28A.657.030 Required action districts—Recommendation for designation—Reconsideration—Designation—Notice.
28A.657.040 Academic performance audits of lowest-achieving schools in
required action districts—External review teams—Audit
findings.
28A.657.050 Required action plans—Development—Submission—Contents—Effect on existing collective bargaining agreements.
28A.657.060 Required action plans—Approval or nonapproval by state
board of education—Resubmission or reconsideration—
Implementation.
28A.657.070 Required action plan review panel—Membership—Duties—
Timelines and procedures for deliberations.
28A.657.080 Redirecting Title I funds based on academic performance
audit findings.
28A.657.090 Required action plans—Implementation—Technical assistance and federal funds—Progress report.
28A.657.100 Required action districts—Progress reports—Release from
designation.
28A.657.110 Accountability framework for system of support for challenged schools—Accountability index—Recognition of
schools for exemplary performance—Use of state system
to replace federal accountability system.
28A.657.120 Rules.
28A.657.125 Joint select committee on education accountability—
Reports.
28A.657.005 Finding. The legislature finds that it is the
state’s responsibility to create a coherent and effective
accountability framework for the continuous improvement
for all schools and districts. This system must provide an
excellent and equitable education for all students; an aligned
federal/state accountability system; and the tools necessary
for schools and districts to be accountable. These tools
include the necessary accounting and data reporting systems,
assessment systems to monitor student achievement, and a
system of general support, targeted assistance, and if necessary, intervention.
The office of the superintendent of public instruction is
responsible for developing and implementing the accountability tools to build district capacity and working within federal and state guidelines. The legislature assigned the state
board of education responsibility and oversight for creating
an accountability framework. This framework provides a
unified system of support for challenged schools that aligns
with basic education, increases the level of support based
upon the magnitude of need, and uses data for decisions.
Such a system will identify schools and their districts for recognition as well as for additional state support. For a specific
group of challenged schools, defined as persistently lowestachieving schools, and their districts, it is necessary to provide a required action process that creates a partnership
between the state and local district to target funds and assistance to turn around the identified lowest-achieving schools.
Phase I of this accountability system will recognize
schools that have done an exemplary job of raising student
achievement and closing the achievement gaps using the state
board of education’s accountability index. The state board of
education shall have ongoing collaboration with the achievement gap oversight and accountability committee regarding
the measures used to measure the closing of the achievement
gaps and the recognition provided to the school districts for
closing the achievement gaps. Phase I will also target the
lowest five percent of persistently lowest-achieving schools
defined under federal guidelines to provide federal funds and
federal intervention models through a voluntary option in
28A.657.005
[Title 28A RCW—page 294]
2010, and for those who do not volunteer and have not
improved student achievement, a required action process
beginning in 2011.
Phase II of this accountability system will work toward
implementing the state board of education’s accountability
index for identification of schools in need of improvement,
including those that are not Title I schools, and the use of
state and local intervention models and state funds through a
required action process beginning in 2013, in addition to the
federal program. Federal approval of the state board of education’s accountability index must be obtained or else the
federal guidelines for persistently lowest-achieving schools
will continue to be used.
The expectation from implementation of this accountability system is the improvement of student achievement for
all students to prepare them for postsecondary education,
work, and global citizenship in the twenty-first century.
[2010 c 235 § 101.]
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "All students group" means those students in grades
three through eight and high school who take the state’s
assessment in reading and mathematics required under 20
U.S.C. Sec. 6311(b)(3).
(2) "Title I" means Title I, part A of the federal elementary and secondary education act of 1965 (ESEA) (20 U.S.C.
Secs. 6311-6322). [2010 c 235 § 112.]
28A.657.010
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.020 Persistently lowest achieving schools—
Identification—Criteria. (1) Beginning in 2010, and each
year thereafter, by December 1st, the superintendent of public instruction shall annually identify schools as one of the
state’s persistently lowest-achieving schools if the school is a
Title I school, or a school that is eligible for but does not
receive Title I funds, that is among the lowest-achieving five
percent of Title I or Title I eligible schools in the state.
(2) The criteria for determining whether a school is
among the persistently lowest-achieving five percent of Title
I schools, or Title I eligible schools, under subsection (1) of
this section shall be established by the superintendent of public instruction. The criteria must meet all applicable requirements for the receipt of a federal school improvement grant
under the American recovery and reinvestment act of 2009
and Title I of the elementary and secondary education act of
1965, and take into account both:
(a) The academic achievement of the "all students"
group in a school in terms of proficiency on the state’s assessment, and any alternative assessments, in reading and mathematics combined; and
(b) The school’s lack of progress on the mathematics and
reading assessments over a number of years in the "all students" group. [2010 c 235 § 102.]
28A.657.020
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.030 Required action districts—Recommendation for designation—Reconsideration—Designation—
28A.657.030
(2010 Ed.)
Accountability System
Notice. (1) Beginning in January 2011, the superintendent of
public instruction shall annually recommend to the state
board of education school districts for designation as required
action districts. A district with at least one school identified
as a persistently lowest-achieving school shall be designated
as a required action district if it meets the criteria developed
by the superintendent of public instruction. However, a
school district shall not be recommended for designation as a
required action district if the district was awarded a federal
school improvement grant by the superintendent in 2010 and
for three consecutive years following receipt of the grant
implemented a federal school intervention model at each
school identified for improvement. The state board of education may designate a district that received a school improvement grant in 2010 as a required action district if after three
years of voluntarily implementing a plan the district continues to have a school identified as persistently lowest-achieving and meets the criteria for designation established by the
superintendent of public instruction.
(2) The superintendent of public instruction shall provide a school district superintendent with written notice of
the recommendation for designation as a required action district by certified mail or personal service. A school district
superintendent may request reconsideration of the superintendent of public instruction’s recommendation. The reconsideration shall be limited to a determination of whether the
school district met the criteria for being recommended as a
required action district. A request for reconsideration must
be in writing and served on the superintendent of public
instruction within ten days of service of the notice of the
superintendent’s recommendation.
(3) The state board of education shall annually designate
those districts recommended by the superintendent in subsection (1) of this section as required action districts. A district
designated as a required action district shall be required to
notify all parents of students attending a school identified as
a persistently lowest-achieving school in the district of the
state board of education’s designation of the district as a
required action district and the process for complying with
the requirements set forth in RCW 28A.657.040 through
28A.657.100. [2010 c 235 § 103.]
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.040 Academic performance audits of lowest-achieving schools in required action districts—External review teams—Audit findings. (1) The superintendent
of public instruction shall contract with an external review
team to conduct an academic performance audit of the district
and each persistently lowest-achieving school in a required
action district to identify the potential reasons for the
school’s low performance and lack of progress. The review
team must consist of persons under contract with the superintendent who have expertise in comprehensive school and district reform and may not include staff from the agency, the
school district that is the subject of the audit, or members or
staff of the state board of education.
(2) The audit must be conducted based on criteria developed by the superintendent of public instruction and must
include but not be limited to an examination of the following:
(a) Student demographics;
28A.657.040
(2010 Ed.)
28A.657.050
(b) Mobility patterns;
(c) School feeder patterns;
(d) The performance of different student groups on
assessments;
(e) Effective school leadership;
(f) Strategic allocation of resources;
(g) Clear and shared focus on student learning;
(h) High standards and expectations for all students;
(i) High level of collaboration and communication;
(j) Aligned curriculum, instruction, and assessment to
state standards;
(k) Frequency of monitoring of learning and teaching;
(l) Focused professional development;
(m) Supportive learning environment;
(n) High level of family and community involvement;
(o) Alternative secondary schools best practices; and
(p) Any unique circumstances or characteristics of the
school or district.
(3) Audit findings must be made available to the local
school district, its staff, the community, and the state board of
education. [2010 c 235 § 104.]
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.050 Required action plans—Development—
Submission—Contents—Effect on existing collective bargaining agreements. (1) The local district superintendent
and local school board of a school district designated as a
required action district must submit a required action plan to
the state board of education for approval. Unless otherwise
required by subsection (3) of this section, the plan must be
submitted under a schedule as required by the state board. A
required action plan must be developed in collaboration with
administrators, teachers, and other staff, parents, unions representing any employees within the district, students, and
other representatives of the local community. The superintendent of public instruction shall provide a district with
assistance in developing its plan if requested. The school
board must conduct a public hearing to allow for comment on
a proposed required action plan. The local school district
shall submit the plan first to the office of the superintendent
of public instruction to review and approve that the plan is
consistent with federal guidelines. After the office of the
superintendent of public instruction has approved that the
plan is consistent with federal guidelines, the local school
district must submit its required action plan to the state board
of education for approval.
(2) A required action plan must include all of the following:
(a) Implementation of one of the four federal intervention models required for the receipt of a federal school
improvement grant, for those persistently lowest-achieving
schools that the district will be focusing on for required
action. However, a district may not establish a charter school
under a federal intervention model without express legislative authority. The intervention models are the turnaround,
restart, school closure, and transformation models. The intervention model selected must address the concerns raised in
the academic performance audit and be intended to improve
student performance to allow a school district to be removed
from the list of districts designated as a required action dis28A.657.050
[Title 28A RCW—page 295]
28A.657.060
Title 28A RCW: Common School Provisions
trict by the state board of education within three years of
implementation of the plan;
(b) Submission of an application for a federal school
improvement grant or a grant from other federal funds for
school improvement to the superintendent of public instruction;
(c) A budget that provides for adequate resources to
implement the federal model selected and any other requirements of the plan;
(d) A description of the changes in the district’s or
school’s existing policies, structures, agreements, processes,
and practices that are intended to attain significant achievement gains for all students enrolled in the school and how the
district intends to address the findings of the academic performance audit; and
(e) Identification of the measures that the school district
will use in assessing student achievement at a school identified as a persistently lowest-achieving school, which include
improving mathematics and reading student achievement and
graduation rates as defined by the office of the superintendent
of public instruction that enable the school to no longer be
identified as a persistently lowest-achieving school.
(3)(a) For any district designated for required action, the
parties to any collective bargaining agreement negotiated,
renewed, or extended under chapter 41.59 or 41.56 RCW
after June 10, 2010, must reopen the agreement, or negotiate
an addendum, if needed, to make changes to terms and conditions of employment that are necessary to implement a
required action plan.
(b) If the school district and the employee organizations
are unable to agree on the terms of an addendum or modification to an existing collective bargaining agreement, the parties, including all labor organizations affected under the
required action plan, shall request the public employment
relations commission to, and the commission shall, appoint
an employee of the commission to act as a mediator to assist
in the resolution of a dispute between the school district and
the employee organizations. Beginning in 2011, and each
year thereafter, mediation shall commence no later than April
15th. All mediations held under this section shall include the
employer and representatives of all affected bargaining units.
(c) If the executive director of the public employment
relations commission, upon the recommendation of the
assigned mediator, finds that the employer and any affected
bargaining unit are unable to reach agreement following a
reasonable period of negotiations and mediation, but by no
later than May 15th of the year in which mediation occurred,
the executive director shall certify any disputed issues for a
decision by the superior court in the county where the school
district is located. The issues for determination by the superior court must be limited to the issues certified by the executive director.
(d) The process for filing with the court in this subsection (3)(d) must be used in the case where the executive
director certifies issues for a decision by the superior court.
(i) The school district shall file a petition with the superior court, by no later than May 20th of the same year in
which the issues were certified, setting forth the following:
(A) The name, address, and telephone number of the
school district and its principal representative;
[Title 28A RCW—page 296]
(B) The name, address, and telephone number of the
employee organizations and their principal representatives;
(C) A description of the bargaining units involved;
(D) A copy of the unresolved issues certified by the
executive director for a final and binding decision by the
court; and
(E) The academic performance audit that the office of
the superintendent of public instruction completed for the
school district.
(ii) Within seven days after the filing of the petition, each
party shall file with the court the proposal it is asking the
court to order be implemented in a required action plan for
the district for each issue certified by the executive director.
Contemporaneously with the filing of the proposal, a party
must file a brief with the court setting forth the reasons why
the court should order implementation of its proposal in the
final plan.
(iii) Following receipt of the proposals and briefs of the
parties, the court must schedule a date and time for a hearing
on the petition. The hearing must be limited to argument of
the parties or their counsel regarding the proposals submitted
for the court’s consideration. The parties may waive a hearing by written agreement.
(iv) The court must enter an order selecting the proposal
for inclusion in a required action plan that best responds to
the issues raised in the school district’s academic performance audit, and allows for the award of a federal school
improvement grant or a grant from other federal funds for
school improvement to the district from the office of the
superintendent of public instruction to implement one of the
four federal intervention models. The court’s decision must
be issued no later than June 15th of the year in which the petition is filed and is final and binding on the parties; however
the court’s decision is subject to appeal only in the case
where it does not allow the school district to implement a
required action plan consistent with the requirements for the
award of a federal school improvement grant or other federal
funds for school improvement by the superintendent of public instruction.
(e) Each party shall bear its own costs and attorneys’ fees
incurred under this statute.
(f) Any party that proceeds with the process in this section after knowledge that any provision of this section has not
been complied with and who fails to state its objection in
writing is deemed to have waived its right to object.
(4) All contracts entered into between a school district
and an employee must be consistent with this section and
allow school districts designated as required action districts
to implement one of the four federal models in a required
action plan. [2010 c 235 § 105.]
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.060 Required action plans—Approval or
nonapproval by state board of education—Resubmission
or reconsideration—Implementation. A required action
plan developed by a district’s school board and superintendent must be submitted to the state board of education for
approval. The state board must accept for inclusion in any
required action plan the final decision by the superior court
on any issue certified by the executive director of the public
28A.657.060
(2010 Ed.)
Accountability System
employment relations commission under the process in RCW
28A.657.050. The state board of education shall approve a
plan proposed by a school district only if the plan meets the
requirements in RCW 28A.657.050 and provides sufficient
remedies to address the findings in the academic performance
audit to improve student achievement. Any addendum or
modification to an existing collective bargaining agreement,
negotiated under RCW 28A.657.050 or by agreement of the
district and the exclusive bargaining unit, related to student
achievement or school improvement shall not go into effect
until approval of a required action plan by the state board of
education. If the state board does not approve a proposed
plan, it must notify the local school board and local district’s
superintendent in writing with an explicit rationale for why
the plan was not approved. Nonapproval by the state board of
education of the local school district’s initial required action
plan submitted is not intended to trigger any actions under
RCW 28A.657.080. With the assistance of the office of the
superintendent of public instruction, the superintendent and
school board of the required action district shall either: (a)
[(1)] Submit a new plan to the state board of education for
approval within forty days of notification that its plan was
rejected, or (b) [(2)] submit a request to the required action
plan review panel established under RCW 28A.657.070 for
reconsideration of the state board’s rejection within ten days
of the notification that the plan was rejected. If federal funds
are not available, the plan is not required to be implemented
until such funding becomes available. If federal funds for
this purpose are available, a required action plan must be
implemented in the immediate school year following the district’s designation as a required action district. [2010 c 235 §
106.]
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.070
28A.657.070 Required action plan review panel—
Membership—Duties—Timelines and procedures for
deliberations. (1) A required action plan review panel shall
be established to offer an objective, external review of a
request from a school district for reconsideration of the state
board of education’s rejection of the district’s required action
plan. The review and reconsideration by the panel shall be
based on whether the state board of education gave appropriate consideration to the unique circumstances and characteristics identified in the academic performance audit of the
local school district whose required action plan was rejected.
(2)(a) The panel shall be composed of five individuals
with expertise in school improvement, school and district
restructuring, or parent and community involvement in
schools. Two of the panel members shall be appointed by the
speaker of the house of representatives; two shall be
appointed by the president of the senate; and one shall be
appointed by the governor.
(b) The speaker of the house of representatives, president
of the senate, and governor shall solicit recommendations for
possible panel members from the Washington association of
school administrators, the Washington state school directors’
association, the association of Washington school principals,
the achievement gap oversight and accountability committee,
and associations representing certificated teachers, classified
school employees, and parents.
(2010 Ed.)
28A.657.100
(c) Members of the panel shall be appointed no later than
December 1, 2010, but the superintendent of public instruction shall convene the panel only as needed to consider a
school district’s request for reconsideration. Appointments
shall be for a four-year term, with opportunity for reappointment. Reappointments in the case of a vacancy shall be made
expeditiously so that all requests are considered in a timely
manner.
(3) The required action plan review panel may reaffirm
the decision of the state board of education, recommend that
the state board reconsider the rejection, or recommend
changes to the required action plan that should be considered
by the district and the state board of education to secure
approval of the plan. The state board of education shall consider the recommendations of the panel and issue a decision
in writing to the local school district and the panel. If the
school district must submit a new required action plan to the
state board of education, the district must submit the plan
within forty days of the board’s decision.
(4) The state board of education and superintendent of
public instruction must develop timelines and procedures for
the deliberations under this section so that school districts can
implement a required action plan within the time frame
required under RCW 28A.657.060. [2010 c 235 § 107.]
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.080 Redirecting Title I funds based on academic performance audit findings. The state board of education may direct the superintendent of public instruction to
require a school district that has not submitted a final required
action plan for approval, or has submitted but not received
state board of education approval of a required action plan by
the beginning of the school year in which the plan is intended
to be implemented, to redirect the district’s Title I funds
based on the academic performance audit findings. [2010 c
235 § 108.]
28A.657.080
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.090 Required action plans—Implementation—Technical assistance and federal funds—Progress
report. A school district must implement a required action
plan upon approval by the state board of education. The
office of [the] superintendent of public instruction must provide the required action district with technical assistance and
federal school improvement grant funds or other federal
funds for school improvement, if available, to implement an
approved plan. The district must submit a report to the superintendent of public instruction that provides the progress the
district is making in meeting the student achievement goals
based on the state’s assessments, identifying strategies and
assets used to solve audit findings, and establishing evidence
of meeting plan implementation benchmarks as set forth in
the required action plan. [2010 c 235 § 109.]
28A.657.090
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.100 Required action districts—Progress
reports—Release from designation. (1) The superintendent of public instruction must provide a report twice per year
to the state board of education regarding the progress made
by all school districts designated as required action districts.
28A.657.100
[Title 28A RCW—page 297]
28A.657.110
Title 28A RCW: Common School Provisions
(2) The superintendent of public instruction must recommend to the state board of education that a school district be
released from the designation as a required action district
after the district implements a required action plan for a
period of three years; has made progress, as defined by the
superintendent of public instruction, in reading and mathematics on the state’s assessment over the past three consecutive years; and no longer has a school within the district identified as persistently lowest-achieving. The state board shall
release a school district from the designation as a required
action district upon confirmation that the district has met the
requirements for a release.
(3) If the state board of education determines that the
required action district has not met the requirements for
release, the district remains in required action and must submit a new or revised plan under the process in RCW
28A.657.050. [2010 c 235 § 110.]
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.110
28A.657.110 Accountability framework for system of
support for challenged schools—Accountability index—
Recognition of schools for exemplary performance—Use
of state system to replace federal accountability system.
(1) The state board of education shall continue to refine the
development of an accountability framework that creates a
unified system of support for challenged schools, that aligns
with basic education, increases the level of support based
upon the magnitude of need, and uses data for decisions.
(2) The state board of education shall develop an
accountability index to identify schools and districts for recognition, for continuous improvement, and for additional
state support. The index shall be based on criteria that are
fair, consistent, and transparent. Performance shall be measured using multiple outcomes and indicators including, but
not limited to, graduation rates and results from statewide
assessments. The index shall be developed in such a way as
to be easily understood by both employees within the schools
and districts, as well as parents and community members. It
is the legislature’s intent that the index provide feedback to
schools and districts to self-assess their progress, and enable
the identification of schools with exemplary student performance and those that need assistance to overcome challenges
in order to achieve exemplary student performance.
(3) The state board of education, in cooperation with the
office of the superintendent of public instruction, shall annually recognize schools for exemplary performance as measured on the state board of education accountability index.
The state board of education shall have ongoing collaboration
with the achievement gap oversight and accountability committee regarding the measures used to measure the closing of
the achievement gaps and the recognition provided to the
school districts for closing the achievement gaps.
(4) In coordination with the superintendent of public
instruction, the state board of education shall seek approval
from the United States department of education for use of the
accountability index and the state system of support, assistance, and intervention, to replace the federal accountability
system under P.L. 107-110, the no child left behind act of
2001.
[Title 28A RCW—page 298]
(5) The state board of education shall work with the education data center established within the office of financial
management and the technical working group established in
section 112, chapter 548, Laws of 2009 to determine the feasibility of using the prototypical funding allocation model as
not only a tool for allocating resources to schools and districts
but also as a tool for schools and districts to report to the state
legislature and the state board of education on how the state
resources received are being used. [2010 c 235 § 111; 2009 c
548 § 503. Formerly RCW 28A.305.225.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Intent—2009 c 548: See note following RCW 28A.150.198.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
28A.657.120 Rules. The superintendent of public
instruction and the state board of education may each adopt
rules in accordance with chapter 34.05 RCW as necessary to
implement this chapter. [2010 c 235 § 113.]
28A.657.120
Finding—2010 c 235: See note following RCW 28A.405.245.
28A.657.125 Joint select committee on education
accountability—Reports. (Expires June 30, 2014.) (1)
The legislature finds that a unified and equitable system of
education accountability must include expectations and
benchmarks for improvement, along with support for schools
and districts to make the necessary changes that will lead to
success for all students. Such a system must also clearly
address the consequences for persistent lack of improvement.
Establishing a process for school districts to prepare and
implement a required action plan is one such consequence.
However, to be truly accountable to students, parents, the
community, and taxpayers, the legislature must also consider
what should happen if a required action district continues not
to make improvement after an extended period of time.
Without an answer to this significant question, the state’s system of education accountability is incomplete. Furthermore,
accountability must be appropriately shared among various
levels of decision makers, including in the building, in the
district, and at the state.
(2)(a) A joint select committee on education accountability is established beginning no earlier than May 1, 2012,
with the following members:
(i) The president of the senate shall appoint two members from each of the two largest caucuses of the senate.
(ii) The speaker of the house of representatives shall
appoint two members from each of the two largest caucuses
of the house of representatives.
(b) The committee shall choose its cochairs from among
its membership.
(3) The committee shall:
(a) Identify and analyze options for a complete system of
education accountability, particularly consequences in the
case of persistent lack of improvement by a required action
district;
(b) Identify and analyze appropriate decision-making
responsibilities and accompanying consequences at the
building, district, and state level within such an accountability system;
(c) Examine models and experiences in other states;
28A.657.125
(2010 Ed.)
Alternative Route Teacher Certification
(d) Identify the circumstances under which significant
state action may be required; and
(e) Analyze the financial, legal, and practical considerations that would accompany significant state action.
(4) Staff support for the committee must be provided by
the senate committee services and the house of representatives office of program research.
(5) The committee shall submit an interim report to the
education committees of the legislature by September 1,
2012, and a final report with recommendations by September
1, 2013.
(6) This section expires June 30, 2014. [2010 c 235 §
114.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Chapter 28A.660
Chapter 28A.660 RCW
ALTERNATIVE ROUTE
TEACHER CERTIFICATION
Sections
28A.660.005 Findings—Declaration.
28A.660.020 Proposals—Funding.
28A.660.035 Partnership grant programs—Priority assistance in advancing cultural competency skills.
28A.660.040 Alternative route programs.
28A.660.042 Pipeline for paraeducators conditional scholarship program.
28A.660.045 Retooling to teach mathematics and science conditional
scholarship program.
28A.660.050 Conditional scholarship programs—Requirements—Recipients.
28A.660.055 Eligible veteran or national guard member—Definition.
28A.660.060 Employment of certain personnel not affected.
28A.660.005 Findings—Declaration. (1) The legislature finds and declares:
(a) Teacher qualifications and effectiveness are the most
important influences on student learning in schools;
(b) Preparation of individuals to become well-qualified,
effective teachers must be high quality;
(c) Teachers who complete high-quality alternative route
programs with intensive field-based experience, adequate
coursework, and strong mentorship do as well or better than
teachers who complete traditional preparation programs;
(d) High-quality alternative route programs can provide
more flexibility and expedience for individuals to transition
from their current career to teaching;
(e) High-quality alternative route programs can help
school districts fill subject matter shortage areas and areas
with shortages due to geographic location;
(f) Regardless of route, all candidates for residency
teacher certification must meet the high standards required by
the state; and
(g) Teachers need an adequate background in subject
matter content if they are to teach it well, and should hold
full, appropriate credentials in those subject areas.
(2) The legislature recognizes widespread concerns
about the potential for teacher shortages and finds that classified instructional staff in public schools, current certificated
staff, and unemployed certificate holders represent a great
untapped resource for recruiting more teachers in critical
shortage areas. [2007 c 396 § 5; 2001 c 158 § 1.]
28A.660.005
Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W
28A.305.215.
(2010 Ed.)
28A.660.020
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28A.660.020 Proposals—Funding. (1) The professional educator standards board shall transition the alternative route partnership grant program from a separate competitive grant program to a preparation program model to be
expanded among approved preparation program providers.
Alternative routes are partnerships between professional educator standards board-approved preparation programs, Washington school districts, and other partners as appropriate.
(2) Each prospective teacher preparation program provider, in cooperation with a Washington school district or
consortia of school districts applying to operate [an] alternative route certification program shall include in its proposal
to the Washington professional educator standards board:
(a) The route or routes the partnership program intends
to offer and a detailed description of how the routes will be
structured and operated by the partnership;
(b) The estimated number of candidates that will be
enrolled per route;
(c) An identification, indication of commitment, and
description of the role of approved teacher preparation programs and partnering district or consortia of districts;
(d) An assurance that the district or approved preparation
program provider will provide adequate training for mentor
teachers specific to the mentoring of alternative route candidates;
(e) An assurance that significant time will be provided
for mentor teachers to spend with the alternative route teacher
candidates throughout the internship. Partnerships must provide each candidate with intensive classroom mentoring until
such time as the candidate demonstrates the competency necessary to manage the classroom with less intensive supervision and guidance from a mentor;
(f) A description of the rigorous screening process for
applicants to alternative route programs, including entry
requirements specific to each route, as provided in RCW
28A.660.040;
(g) A summary of procedures that provide flexible completion opportunities for candidates to achieve a residency
certificate; and
(h) The design and use of a teacher development plan for
each candidate. The plan shall specify the alternative route
coursework and training required of each candidate and shall
be developed by comparing the candidate’s prior experience
and coursework with the state’s new performance-based standards for residency certification and adjusting any requirements accordingly. The plan may include the following components:
(i) A minimum of one-half of a school year, and an additional significant amount of time if necessary, of intensive
mentorship during field experience, starting with full-time
mentoring and progressing to increasingly less intensive
monitoring and assistance as the intern demonstrates the
skills necessary to take over the classroom with less intensive
support. Before the supervision is diminished, the mentor of
the teacher candidate at the school and the supervisor of the
teacher candidate from the teacher preparation program must
both agree that the teacher candidate is ready to manage the
classroom with less intensive supervision;
28A.660.020
[Title 28A RCW—page 299]
28A.660.035
Title 28A RCW: Common School Provisions
(ii) Identification of performance indicators based on the
knowledge and skills standards required for residency certification by the Washington professional educator standards
board;
(iii) Identification of benchmarks that will indicate when
the standard is met for all performance indicators;
(iv) A description of strategies for assessing candidate
performance on the benchmarks;
(v) Identification of one or more tools to be used to
assess a candidate’s performance once the candidate has been
in the classroom for about one-half of a school year;
(vi) A description of the criteria that would result in residency certification after about one-half of a school year but
before the end of the program; and
(vii) A description of how the district intends for the
alternative route program to support its workforce development plan and how the presence of alternative route interns
will advance its school improvement plans.
(3) To the extent funds are appropriated for this purpose,
alternative route programs may apply for program funds to
pay stipends to trained mentor teachers of interns during the
mentored internship. The per intern amount of mentor stipend provided by state funds shall not exceed five hundred
dollars. [2010 c 235 § 503; 2006 c 263 § 816; 2004 c 23 § 2;
2003 c 410 § 1; 2001 c 158 § 3.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.660.035 Partnership grant programs—Priority
assistance in advancing cultural competency skills. The
office of the superintendent of public instruction shall identify school districts that have the most significant achievement gaps among subgroups of students and for large numbers of those students, and districts that should receive priority for assistance in advancing cultural competency skills in
their workforce. The professional educator standards board
shall provide assistance to the identified school districts to
develop partnership grant programs between the districts and
teacher preparation programs to provide one or more of the
four alternative route programs under RCW 28A.660.040 and
to recruit paraeducators and other individuals in the local
community to become certified as teachers. A partnership
grant program proposed by an identified school district shall
receive priority eligibility for partnership grants under RCW
28A.660.020. To the maximum extent possible, the board
shall coordinate the recruiting Washington teachers program
under RCW 28A.415.370 with the alternative route programs
under this section. [2009 c 468 § 6.]
28A.660.035
F ind ing s— Inte nt— 20 09 c 46 8: See n ot e fol l ow i ng RC W
28A.300.136.
28A.660.040 Alternative route programs. Alternative
route programs under this chapter shall operate one to four
specific route programs. Successful completion of the program shall make a candidate eligible for residency teacher
certification. The mentor of the teacher candidate at the
school and the supervisor of the teacher candidate from the
teacher preparation program must both agree that the teacher
candidate has successfully completed the program.
28A.660.040
[Title 28A RCW—page 300]
(1) Alternative route programs operating route one programs shall enroll currently employed classified instructional
employees with transferable associate degrees seeking residency teacher certification with endorsements in special education, bilingual education, or English as a second language.
It is anticipated that candidates enrolled in this route will
complete both their baccalaureate degree and requirements
for residency certification in two years or less, including a
mentored internship to be completed in the final year. In
addition, partnership programs shall uphold entry requirements for candidates that include:
(a) District or building validation of qualifications,
including one year of successful student interaction and leadership as a classified instructional employee;
(b) Successful passage of the statewide basic skills
exam; and
(c) Meeting the age, good moral character, and personal
fitness requirements adopted by rule for teachers.
(2) Alternative route programs operating route two programs shall enroll currently employed classified staff with
baccalaureate degrees seeking residency teacher certification
in subject matter shortage areas and areas with shortages due
to geographic location. Candidates enrolled in this route
must complete a mentored internship complemented by flexibly scheduled training and coursework offered at a local site,
such as a school or educational service district, or online or
via video-conference over the K-20 network, in collaboration
with the partnership program’s higher education partner. In
addition, partnership grant programs shall uphold entry
requirements for candidates that include:
(a) District or building validation of qualifications,
including one year of successful student interaction and leadership as classified staff;
(b) A baccalaureate degree from a regionally accredited
institution of higher education. The individual’s college or
university grade point average may be considered as a selection factor;
(c) Successful completion of the subject matter assessment required by RCW 28A.410.220(3);
(d) Meeting the age, good moral character, and personal
fitness requirements adopted by rule for teachers; and
(e) Successful passage of the statewide basic skills exam.
(3) Alternative route programs seeking funds to operate
route three programs shall enroll individuals with baccalaureate degrees, who are not employed in the district at the time
of application. When selecting candidates for certification
through route three, districts and approved preparation program providers shall give priority to individuals who are
seeking residency teacher certification in subject matter
shortage areas or shortages due to geographic locations.
Cohorts of candidates for this route shall attend an intensive
summer teaching academy, followed by a full year employed
by a district in a mentored internship, followed, if necessary,
by a second summer teaching academy. In addition, partnership programs shall uphold entry requirements for candidates
that include:
(a) A baccalaureate degree from a regionally accredited
institution of higher education. The individual’s grade point
average may be considered as a selection factor;
(b) Successful completion of the subject matter assessment required by RCW 28A.410.220(3);
(2010 Ed.)
Alternative Route Teacher Certification
(c) External validation of qualifications, including demonstrated successful experience with students or children,
such as reference letters and letters of support from previous
employers;
(d) Meeting the age, good moral character, and personal
fitness requirements adopted by rule for teachers; and
(e) Successful passage of statewide basic skills exam.
(4) Alternative route programs operating route four programs shall enroll individuals with baccalaureate degrees,
who are employed in the district at the time of application, or
who hold conditional teaching certificates or emergency substitute certificates. Cohorts of candidates for this route shall
attend an intensive summer teaching academy, followed by a
full year employed by a district in a mentored internship. If
employed on a conditional certificate, the intern may serve as
the teacher of record, supported by a well-trained mentor. In
addition, partnership programs shall uphold entry requirements for candidates that include:
(a) A baccalaureate degree from a regionally accredited
institution of higher education. The individual’s grade point
average may be considered as a selection factor;
(b) Successful completion of the subject matter assessment required by RCW 28A.410.220(3);
(c) External validation of qualifications, including demonstrated successful experience with students or children,
such as reference letters and letters of support from previous
employers;
(d) Meeting the age, good moral character, and personal
fitness requirements adopted by rule for teachers; and
(e) Successful passage of statewide basic skills exam.
(5) Applicants for alternative route programs who are
eligible veterans or national guard members and who meet
the entry requirements for the alternative route program for
which application is made shall be given preference in admission. [2010 c 235 § 504. Prior: 2009 c 192 § 1; 2009 c 166
§ 1; 2006 c 263 § 817; 2004 c 23 § 4; 2001 c 158 § 5.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28A.660.042 Pipeline for paraeducators conditional
scholarship program. (1) The pipeline for paraeducators
conditional scholarship program is created. Participation is
limited to paraeducators without a college degree who have
at least three years of classroom experience. It is anticipated
that candidates enrolled in this program will complete their
associate of arts degree at a community and technical college
in two years or less and become eligible for a mathematics,
special education, or English as a second language endorsement via route one in the alternative routes to teacher certification program provided in this chapter.
(2) Entry requirements for candidates include district or
building validation of qualifications, including three years of
successful student interaction and leadership as a classified
instructional employee. [2007 c 396 § 6.]
28A.660.042
Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28A.660.045 Retooling to teach mathematics and science conditional scholarship program. (1) The retooling to
28A.660.045
(2010 Ed.)
28A.660.050
teach mathematics and science conditional scholarship program is created. Participation is limited to current K-12
teachers and individuals having an elementary education certificate but who are not employed in positions requiring an
elementary education certificate. It is anticipated that candidates enrolled in this program will complete the requirements
for a mathematics or science endorsement, or both, in two
years or less.
(2) Entry requirements for candidates include:
(a) Current K-12 teachers shall pursue a middle level
mathematics or science, or secondary mathematics or science
endorsement.
(b) Individuals having an elementary education certificate but who are not employed in positions requiring an elementary education certificate shall pursue an endorsement in
middle level mathematics or science only. [2007 c 396 § 7.]
Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28A.660.050 Conditional scholarship programs—
Requirements—Recipients. Subject to the availability of
amounts appropriated for these purposes, the conditional
scholarship programs in this chapter are created under the following guidelines:
(1) The programs shall be administered by the higher
education coordinating board. In administering the programs, the higher education coordinating board has the following powers and duties:
(a) To adopt necessary rules and develop guidelines to
administer the programs;
(b) To collect and manage repayments from participants
who do not meet their service obligations; and
(c) To accept grants and donations from public and private sources for the programs.
(2) Requirements for participation in the conditional
scholarship programs are as provided in this subsection (2).
(a) The alternative route conditional scholarship program is limited to interns of professional educator standards
board-approved alternative routes to teaching programs
under RCW 28A.660.040. For fiscal year 2011, priority must
be given to fiscal year 2010 participants in the alternative
route partnership program. In order to receive conditional
scholarship awards, recipients shall:
(i) Be accepted and maintain enrollment in alternative
certification routes through a professional educator standards
board-approved program;
(ii) Continue to make satisfactory progress toward completion of the alternative route certification program and
receipt of a residency teaching certificate; and
(iii) Receive no more than the annual amount of the
scholarship, not to exceed eight thousand dollars, for the cost
of tuition, fees, and educational expenses, including books,
supplies, and transportation for the alternative route certification program in which the recipient is enrolled. The board
may adjust the annual award by the average rate of resident
undergraduate tuition and fee increases at the state universities as defined in RCW 28B.10.016.
(b) The pipeline for paraeducators conditional scholarship program is limited to qualified paraeducators as pro28A.660.050
[Title 28A RCW—page 301]
28A.660.055
Title 28A RCW: Common School Provisions
vided by RCW 28A.660.042. In order to receive conditional
scholarship awards, recipients shall:
(i) Be accepted and maintain enrollment at a community
and technical college for no more than two years and attain an
associate of arts degree;
(ii) Continue to make satisfactory progress toward completion of an associate of arts degree. This progress requirement is a condition for eligibility into a route one program of
the alternative routes to teacher certification program for a
mathematics, special education, or English as a second language endorsement; and
(iii) Receive no more than the annual amount of the
scholarship, not to exceed four thousand dollars, for the cost
of tuition, fees, and educational expenses, including books,
supplies, and transportation for the alternative route certification program in which the recipient is enrolled. The board
may adjust the annual award by the average rate of tuition
and fee increases at the state community and technical colleges.
(c) The retooling to teach mathematics and science conditional scholarship program is limited to current K-12 teachers. In order to receive conditional scholarship awards:
(i) Individuals currently employed as teachers shall pursue a middle level mathematics or science, or secondary
mathematics or science endorsement; or
(ii) Individuals who are certificated with an elementary
education endorsement shall pursue an endorsement in middle level mathematics or science, or both; and
(iii) Individuals shall use one of the pathways to endorsement processes to receive a mathematics or science endorsement, or both, which shall include passing a mathematics or
science endorsement test, or both tests, plus observation and
completing applicable coursework to attain the proper
endorsement; and
(iv) Individuals shall receive no more than the annual
amount of the scholarship, not to exceed three thousand dollars, for the cost of tuition, test fees, and educational
expenses, including books, supplies, and transportation for
the endorsement pathway being pursued.
(3) The Washington professional educator standards
board shall select individuals to receive conditional scholarships. In selecting recipients, preference shall be given to eligible veterans or national guard members.
(4) For the purpose of this chapter, a conditional scholarship is a loan that is forgiven in whole or in part in exchange
for service as a certificated teacher employed in a Washington state K-12 public school. The state shall forgive one year
of loan obligation for every two years a recipient teaches in a
public school. Recipients who fail to continue a course of
study leading to residency teacher certification or cease to
teach in a public school in the state of Washington in their
endorsement area are required to repay the remaining loan
principal with interest.
(5) Recipients who fail to fulfill the required teaching
obligation are required to repay the remaining loan principal
with interest and any other applicable fees. The higher education coordinating board shall adopt rules to define the
terms for repayment, including applicable interest rates, fees,
and deferments.
(6) The higher education coordinating board may deposit
all appropriations, collections, and any other funds received
[Title 28A RCW—page 302]
for the program in this chapter in the future teachers conditional scholarship account authorized in RCW 28B.102.080.
[2010 c 235 § 505. Prior: 2009 c 539 § 3; 2009 c 192 § 2;
2007 c 396 § 8; 2004 c 23 § 5; 2003 c 410 § 3; 2001 c 158 §
6.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Effective date—2009 c 539: See note following RCW 28A.655.200.
Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28A.660.055 Eligible veteran or national guard
member—Definition. As used in this chapter, "eligible veteran or national guard member" means a Washington domiciliary who was an active or reserve member of the United
States military or naval forces, or a national guard member
called to active duty, who served in active federal service,
under either Title 10 or Title 32 of the United States Code, in
a war or conflict fought on foreign soil or in international
waters or in another location in support of those serving on
foreign soil or in international waters, and if discharged from
service, has received an honorable discharge. [2009 c 192 §
3.]
28A.660.055
28A.660.060 Employment of certain personnel not
affected. School districts or approved private schools’ ability to employ personnel under certification for emergency or
temporary, substitute, or provisional duty as authorized by
chapter 28A.410 RCW are not affected by the provisions of
this chapter. [2001 c 158 § 10.]
28A.660.060
Chapter 28A.690
Chapter 28A.690 RCW
AGREEMENT ON QUALIFICATIONS
OF PERSONNEL
Sections
28A.690.010 Compact entered into—Terms.
28A.690.020 Superintendent as "designated state official," compact
administrator—Professional educator standards board to
approve text of contracts.
28A.690.030 True copies of contracts filed in office of superintendent—
Publication.
28A.690.010 Compact entered into—Terms. The
Interstate Agreement on Qualifications of Educational Personnel is hereby enacted into law and entered into by this
state with all other states legally joining therein in the form
substantially as follows:
28A.690.010
The contracting states solemnly agree that:
Article I
1. The states party to this Agreement, desiring by common action to improve their respective school systems by
utilizing the teacher or other professional educational person
wherever educated, declare that it is the policy of each of
them, on the basis of cooperation with one another, to take
advantage of the preparation and experience of such persons
wherever gained, thereby serving the best interests of society,
of education, and of the teaching profession. It is the purpose
of this Agreement to provide for the development and execution of such programs of cooperation as will facilitate the
(2010 Ed.)
Agreement on Qualifications of Personnel
movement of teachers and other professional educational personnel among the states party to it, and to authorize specific
interstate educational personnel contracts to achieve that end.
2. The party states find that included in the large movement of population among all sections of the nation are many
qualified educational personnel who move for family and
other personal reasons but who are hindered in using their
professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the
steps necessary to qualify in other states. As a consequence, a
significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the
employment of qualified educational personnel, without reference to their states or origin, can increase the available educational resources. Participation in this compact can increase
the availability of educational manpower.
Article II
As used in this Agreement and contracts made pursuant
to it, unless the context clearly requires otherwise:
1. "Educational personnel" means persons who must
meet requirements pursuant to state law as a condition of
employment in educational programs.
2. "Designated state official" means the education official of a state selected by that state to negotiate and enter into,
on behalf of his or her state, contracts pursuant to this Agreement.
3. "Accept," or any variant thereof, means to recognize
and give effect to one or more determinations of another state
relating to the qualifications of educational personnel in lieu
of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving
state.
4. "State" means a state, territory, or possession of the
United States; the District of Columbia; or the Commonwealth of Puerto Rico.
5. "Originating State" means a state (and the subdivision
thereof, if any) whose determination that certain educational
personnel are qualified to be employed for specific duties in
schools is acceptable in accordance with the terms of a contract made pursuant to Article III.
6. "Receiving State" means a state (and the subdivisions
thereof) which accept educational personnel in accordance
with the terms of a contract made pursuant to Article III.
Article III
1. The designated state official of a party state may make
one or more contracts on behalf of his or her state with one or
more other party states providing for the acceptance of educational personnel. Any such contract for the period of its
duration shall be applicable to and binding on the states
whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if
incorporated in this Agreement. A designated state official
may enter into a contract pursuant to this Article only with
states in which he or she finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational
(2010 Ed.)
28A.690.010
personnel on a basis sufficiently comparable, even though not
identical to that prevailing in his or her own state.
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in
qualifying educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract
without sacrifice of basic educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this Agreement shall be
for a term longer than five years but any such contract may be
renewed for like or lesser periods.
4. Any contract dealing with acceptance of educational
personnel on the basis of their having completed an educational program shall specify the earliest date or dates on
which originating state approval of the program or programs
involved can have occurred. No contract made pursuant to
this Agreement shall require acceptance by a receiving state
of any persons qualified because of successful completion of
a program prior to January 1, 1954.
5. The certification or other acceptance of a person who
has been accepted pursuant to the terms of a contract shall not
be revoked or otherwise impaired because the contract has
expired or been terminated. However, any certificate or other
qualifying document may be revoked or suspended on any
ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially
granted or approved in the receiving state.
6. A contract committee composed of the designated
state officials of the contracting states or their representatives
shall keep the contract under continuous review, study means
of improving its administration, and report no less frequently
than once a year to the heads of the appropriate education
agencies of the contracting states.
Article IV
1. Nothing in this Agreement shall be construed to repeal
or otherwise modify any law or regulation of a party state
relating to the approval of programs of educational preparation having effect solely on the qualification of educational
personnel within that state.
2. To the extent that contracts made pursuant to this
Agreement deal with the educational requirements for the
proper qualification of educational personnel, acceptance of a
program of educational preparation shall be in accordance
with such procedures and requirements as may be provided in
the applicable contract.
Article V
The party states agree that:
1. They will, so far as practicable, prefer the making of
multilateral contracts pursuant to Article III of this Agreement.
2. They will facilitate and strengthen cooperation in
interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with
agencies, organizations, and associations interested in certifi[Title 28A RCW—page 303]
28A.690.020
Title 28A RCW: Common School Provisions
cation and other elements of educational personnel qualification.
Article VI
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Additional notes found at www.leg.wa.gov
28A.690.030 True copies of contracts filed in office of
superintendent—Publication. True copies of all contracts
made on behalf of this state pursuant to the Agreement as
provided in RCW 28A.690.010 shall be kept on file in the
office of the superintendent of public instruction. The superintendent of public instruction shall publish all such contracts
in convenient form. [1990 c 33 § 547; 1969 ex.s. c 283 § 6.
Formerly RCW 28A.93.030, 28.93.030.]
28A.690.030
The designated state officials of any party state may
meet from time to time as a group to evaluate progress under
the Agreement, and to formulate recommendations for
changes.
Article VII
Nothing in this Agreement shall be construed to prevent
or inhibit other arrangements or practices of any party state or
states to facilitate the interchange of educational personnel.
Article VIII
1. This Agreement shall become effective when enacted
into law by two states. Thereafter it shall become effective as
to any state upon its enactment of this Agreement.
2. Any party state may withdraw from this Agreement by
enacting a statute repealing the same, but no such withdrawal
shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to
the governors of all other party states.
3. No withdrawal shall relieve the withdrawing state of
any obligation imposed upon it by a contract to which it is a
party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their
terms.
Article IX
This Agreement shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or
provision of this Agreement is declared to be contrary to the
constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this
Agreement and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby.
If this Agreement shall be held contrary to the constitution of
any state participating therein, the Agreement shall remain in
full force and effect as to the state affected as to all severable
matters. [1990 c 33 § 545; 1969 ex.s. c 283 § 4. Formerly
RCW 28A.93.010, 28.93.010.]
Additional notes found at www.leg.wa.gov
28A.690.020 Superintendent as "designated state
official," compact administrator—Professional educator
standards board to approve text of contracts. The "designated state official" for this state under Article II of RCW
28A.690.010 shall be the superintendent of public instruction, who shall be the compact administrator and who shall
have power to adopt rules to carry out the terms of this compact. The superintendent of public instruction shall enter into
contracts pursuant to Article III of the Agreement only with
the approval of the specific text thereof by the professional
educator standards board. [2006 c 263 § 818; 1990 c 33 §
546; 1969 ex.s. c 283 § 5. Formerly RCW 28A.93.020,
28.93.020.]
28A.690.020
[Title 28A RCW—page 304]
Additional notes found at www.leg.wa.gov
Chapter 28A.700
Chapter 28A.700 RCW
SECONDARY CAREER AND
TECHNICAL EDUCATION
Sections
28A.700.005 Findings—Intent—2008 c 170.
28A.700.010 Career and technical education—Plans—Standards—Technical assistance—Leadership development.
28A.700.020 List of statewide high-demand programs—Definitions.
28A.700.030 Preparatory secondary career and technical education programs—Criteria.
28A.700.040 Performance measures and targets—Improvement plans—
Denial of approval or reapproval of program.
28A.700.050 Grants to develop or upgrade high-demand career and technical education programs.
28A.700.060 Model career and technical education programs.
28A.700.070 Course equivalencies for career and technical courses—
Grants to increase academic rigor.
28A.700.080 Awareness campaign for career and technical education.
28A.700.090 Grants for state or industry certification testing fees.
28A.700.900 Short title.
28A.700.901 Part headings not law—2008 c 170.
28A.700.005 Findings—Intent—2008 c 170. (1) The
legislature finds that many secondary career and technical
education programs have made progress in retooling for the
twenty-first century by aligning with state and nationally certified programs that meet industry standards and by increasing the rigor of academic content in core skills such as reading, writing, mathematics, and science.
(2) However, the legislature also finds that increased
expectations for students to meet the state’s academic learning standards require students to take remedial courses. The
state board of education is considering increasing credit
requirements for high school graduation. Together these policies could restrict students from pursuing high quality career
and technical education programs because students would not
have adequate time in their schedules to enroll in a progressive sequence of career and technical courses.
(3) The legislature further finds that teachers, counselors, students, and parents are not well-informed about the
opportunities presented by high quality career and technical
education. Secondary career and technical education is not a
stopping point but a beginning point for further education,
including through a bachelor’s degree. Secondary preapprenticeships and courses aligned to industry standards can
lead directly to workforce entry as well as to additional education. Career and technical education is a proven strategy to
engage and motivate students, including students at risk of
dropping out of school entirely.
28A.700.005
(2010 Ed.)
Secondary Career and Technical Education
(4) Finally, the legislature finds that state policies have
been piecemeal in support of career and technical education.
Laws exist to require state approval of career and technical
programs, but could be strengthened by requiring alignment
with industry standards and focusing on high-demand fields.
Tech prep consortia have developed articulation agreements
for dual credit and smooth transitions between high schools
and colleges, but agreements remain highly decentralized
between individual faculty and individual schools. Laws
require school districts to create equivalences between academic and career and technical courses, but more support and
professional development is needed to expand these opportunities.
(5) Therefore it is the legislature’s intent to identify the
gaps in current laws and policies regarding secondary career
and technical education and fill those gaps in a comprehensive fashion to create a coherent whole. This act seeks to
increase the quality and rigor of secondary career and technical education, improve links to postsecondary education,
encourage and facilitate academic instruction through career
and technical courses, and expand access to and awareness of
the opportunities offered by high quality career and technical
education. [2008 c 170 § 1.]
28A.700.010 Career and technical education—
Plans—Standards—Technical assistance—Leadership
development. (1) To ensure high quality career and technical programs, the office of the superintendent of public
instruction shall periodically review and approve the plans of
local districts for the delivery of career and technical education. Standards for career and technical programs shall be
established by the office of the superintendent of public
instruction. The office of the superintendent of public
instruction shall develop a schedule for career and technical
education plan reapproval under this section that includes an
abbreviated review process for programs reapproved after
2005, but before June 12, 2008. All school district career and
technical education programs must meet the requirements of
this section by August 31, 2010.
(2) To receive approval, school district plans must:
(a) Demonstrate how career and technical education programs will ensure academic rigor; align with the state’s education reform requirements; help address the skills gap of
Washington’s economy; and maintain strong relationships
with local career and technical education advisory councils
for the design and delivery of career and technical education;
(b) Demonstrate a strategy to align the five-year planning requirement under the federal Carl Perkins act with the
state and district career and technical program planning
requirements that include:
(i) An assessment of equipment and technology needs to
support the skills training of technical students;
(ii) An assessment of industry internships required for
teachers to ensure the ability to prepare students for industrydefined standards or certifications, or both;
(iii) An assessment of the costs of supporting job shadows, mentors, community service and industry internships,
and other activities for student learning in the community;
(iv) A description of the leadership activities to be provided for technical education students; and
(v) Annual local school board approval;
28A.700.010
(2010 Ed.)
28A.700.020
(c) Demonstrate that all preparatory career and technical
education courses offered by the district meet the requirements of RCW 28A.700.030;
(d) Demonstrate progress toward meeting or exceeding
the targets established under RCW 28A.700.040 of an
increased number of career and technical programs in
high-demand fields; and
(e) Demonstrate that approved career and technical programs maximize opportunities for students to earn dual credit
for high school and college.
(3) To ensure high quality career education programs
and services in secondary schools, the office of the superintendent of public instruction may provide technical assistance
to local districts and develop state guidelines for the delivery
of career guidance in secondary schools.
(4) To ensure leadership development, the staff of the
office of the superintendent of public instruction may serve
as the state advisors to Washington state FFA, Washington
future business leaders of America, Washington DECA,
Washington SkillsUSA, Washington family, career and community leaders, and Washington technology students association, and any additional career or technical student organizations that are formed. Working with the directors or executive secretaries of these organizations, the office of the
superintendent of public instruction may develop tools for the
coordination of leadership activities with the curriculum of
technical education programs.
(5) As used in this section, "career and technical education" means a planned program of courses and learning experiences that begins with exploration of career options; supports basic academic and life skills; and enables achievement
of high academic standards, leadership, options for high skill,
high wage employment preparation, and advanced and continuing education. [2008 c 170 § 101; 2001 c 336 § 2. Formerly RCW 28C.04.100.]
28A.700.020 List of statewide high-demand programs—Definitions. (1) The office of the superintendent of
public instruction, in consultation with the workforce training
and education coordinating board, the Washington state
apprenticeship and training council, and the state board for
community and technical colleges, shall develop a list of
statewide high-demand programs for secondary career and
technical education. The list shall be developed using the
high-demand list maintained by workforce development
councils in consultation with the employment security
department, the high employer demand programs of study
identified by the workforce training and education coordinating board, and the high employer demand programs of study
identified by the higher education coordinating board. Local
school districts may recommend additional high-demand
programs in consultation with local career and technical education advisory committees by submitting evidence of local
high demand.
(2) As used in this section and in RCW 28A.700.040,
28A.700.050, and 28A.700.060, and *section 307 of this act:
(a) "High-demand program" means a career and technical education program that prepares students for either a high
employer demand program of study or a high-demand occupation, or both.
28A.700.020
[Title 28A RCW—page 305]
28A.700.030
Title 28A RCW: Common School Provisions
(b) "High employer demand program of study" means an
apprenticeship or an undergraduate or graduate certificate or
degree program in which the number of students per year prepared for employment from in-state programs is substantially
fewer than the number of projected job openings per year in
that field, either statewide or in a substate region.
(c) "High-demand occupation" means an occupation
with a substantial number of current or projected employment opportunities. [2008 c 170 § 102.]
*Reviser’s note: Section 307 of this act was vetoed by the governor.
28A.700.030
28A.700.030 Preparatory secondary career and technical education programs—Criteria. All approved preparatory secondary career and technical education programs
must meet the following minimum criteria:
(1) Either:
(a) Lead to a certificate or credential that is state or
nationally recognized by trades, industries, or other professional associations as necessary for employment or advancement in that field; or
(b) Allow students to earn dual credit for high school and
college through tech prep, advanced placement, or other
agreements or programs;
(2) Be comprised of a sequenced progression of multiple
courses that are technically intensive and rigorous; and
(3) Lead to workforce entry, state or nationally approved
apprenticeships, or postsecondary education in a related field.
[2008 c 170 § 103; 2006 c 115 § 2. Formerly RCW
28C.04.110.]
28A.700.040
28A.700.040 Performance measures and targets—
Improvement plans—Denial of approval or reapproval of
program. (1) The office of the superintendent of public
instruction shall establish performance measures and targets
and monitor the performance of career and technical education programs in at least the following areas:
(a) Student participation in and completion of
h i g h -d e m a n d p r o g r a m s a s i d e n t i f i e d u n d e r R C W
28A.700.020;
(b) Students earning dual credit for high school and college; and
(c) Performance measures and targets established by the
workforce training and education coordinating board, including but not limited to student academic and technical skill
attainment, graduation rates, postgraduation employment or
enrollment in postsecondary education, and other measures
and targets as required by the federal Carl Perkins act, as
amended.
(2) If a school district fails to meet the performance targets established under this section, the office of the superintendent of public instruction may require the district to submit an improvement plan. If a district fails to implement an
improvement plan or continues to fail to meet the performance targets for three consecutive years, the office of the
superintendent of public instruction may use this failure as
the basis to deny the approval or reapproval of one or more of
the district’s career and technical education programs. [2008
c 170 § 104.]
[Title 28A RCW—page 306]
28A.700.050 Grants to develop or upgrade highdemand career and technical education programs. Subject to funds appropriated for this purpose, the office of the
superintendent of public instruction shall allocate grants to
middle schools, high schools, or skill centers, to develop or
upgrade high-demand career and technical education programs as identified under RCW 28A.700.020. Grant funds
shall be allocated on a one-time basis and may be used to purchase or improve curriculum, create preapprenticeship programs, upgrade technology and equipment to meet industry
standards, and for other purposes intended to initiate a new
program or improve the rigor and quality of a high-demand
program. Priority in allocating the funds shall be given to
programs that are also considered high cost due to the types
of technology and equipment necessary to maintain industry
certification. Priority shall also be given to programs considered in most high demand in the state or applicable region.
[2008 c 170 § 105.]
28A.700.050
28A.700.060 Model career and technical education
programs. (1) The office of the superintendent of public
instruction, the workforce training and education coordinating board, the state board for community and technical colleges, the higher education coordinating board, and the council of presidents shall work with local school districts, workforce education programs in colleges, tech prep consortia,
and four-year institutions of higher education to develop
model career and technical education programs of study as
described by this section.
(2) Career and technical education programs of study:
(a) Incorporate secondary and postsecondary education
elements;
(b) Include coherent and rigorous academic content
aligned with state learning standards and relevant career and
technical content in a coordinated, nonduplicative progression of courses that are aligned with postsecondary education
in a related field;
(c) Include opportunities for students to earn dual high
school and college credit; and
(d) Lead to an industry-recognized credential or certificate at the postsecondary level, or an associate or baccalaureate degree.
(3) During the 2008-09 school year, model career and
technical education programs of study shall be developed for
the following high-demand programs: Construction, health
care, and information technology. Each school year thereafter, the office of the superintendent of public instruction, the
state board for community and technical colleges, the higher
education coordinating board, and the workforce training and
education coordinating board shall select additional programs of study to develop, with a priority on high-demand
programs as identified under RCW 28A.700.020. [2008 c
170 § 107.]
28A.700.060
28A.700.070 Course equivalencies for career and
technical courses—Grants to increase academic rigor. (1)
The office of the superintendent of public instruction shall
support school district efforts under RCW 28A.230.097 to
adopt course equivalencies for career and technical courses
by:
28A.700.070
(2010 Ed.)
Interstate Compact on Educational Opportunity for Military Children
(a) Recommending career and technical curriculum suitable for course equivalencies;
(b) Publicizing best practices for high schools and school
districts in developing and adopting course equivalencies;
and
(c) In consultation with the Washington association for
career and technical education, providing professional development, technical assistance, and guidance for school districts seeking to expand their lists of equivalent courses.
(2) The office of the superintendent of public instruction
shall provide professional development, technical assistance,
and guidance for school districts to develop career and technical course equivalencies that also qualify as advanced
placement courses.
(3) Subject to funds appropriated for this purpose, the
office of the superintendent of public instruction shall allocate grant funds to school districts to increase the integration
and rigor of academic instruction in career and technical
courses. Grant recipients are encouraged to use grant funds
to support teams of academic and technical teachers using a
research-based professional development model supported
by the national research center for career and technical education. The office of the superintendent of public instruction
may require that grant recipients provide matching resources
using federal Carl Perkins funds or other fund sources. [2008
c 170 § 201.]
28A.700.080 Awareness campaign for career and
technical education. (1) Subject to funds appropriated for
this purpose, the office of the superintendent of public
instruction shall develop and conduct an ongoing campaign
for career and technical education to increase awareness
among teachers, counselors, students, parents, principals,
school administrators, and the general public about the
opportunities offered by rigorous career and technical education programs. Messages in the campaign shall emphasize
career and technical education as a high quality educational
pathway for students, including for students who seek
advanced education that includes a bachelor’s degree or
beyond. In particular, the office shall provide information
about the following:
(a) The model career and technical education programs
of study developed under RCW 28A.700.060;
(b) Career and technical education course equivalencies
and dual credit for high school and college;
(c) The career and technical education alternative assessment guidelines under RCW 28A.655.065;
(d) The availability of scholarships for postsecondary
workforce education, including the Washington award for
vocational excellence, and apprenticeships through the
opportunity grant program under RCW 28B.50.271, grants
under RCW 28A.700.090, and other programs; and
(e) Education, apprenticeship, and career opportunities
in emerging and high-demand programs.
(2) The office shall use multiple strategies in the campaign depending on available funds, including developing an
interactive web site to encourage and facilitate career exploration; conducting training and orientation for guidance
counselors and teachers; and developing and disseminating
printed materials.
28A.700.080
(2010 Ed.)
28A.705.010
(3) The office shall seek advice, participation, and financial assistance from the workforce training and education
coordinating board, higher education institutions, foundations, employers, apprenticeship and training councils, workforce development councils, and business and labor organizations for the campaign. [2008 c 170 § 301.]
28A.700.090 Grants for state or industry certification testing fees. (1) Subject to funds appropriated for this
purpose, the office of the superintendent of public instruction
shall provide grants to eligible students to offset the costs of
required examination or testing fees associated with obtaining state or industry certification in the student’s career and
technical education program.
(2) The office shall establish maximum grant amounts
and a process for students to apply for the grants.
(3) For the purposes of this section, "eligible student"
means:
(a) A student enrolled in a secondary career and technical education program where state or industry certification
can be obtained without additional postsecondary work or
study; or
(b) A student who completed a secondary career and
technical education program in a Washington public school
and is seeking state or industry certification in a program
requiring additional postsecondary work or study or where
there are age limitations on certification.
(4) Eligible students must have a family income that is at
or below two hundred percent of the federal poverty level
using the most current guidelines available from the United
States department of health and human services. [2008 c 170
§ 302.]
28A.700.090
28A.700.900 Short title. This chapter may be known
and cited as the career and technical education act. [2008 c
170 § 406.]
28A.700.900
28A.700.901 Part headings not law—2008 c 170. Part
headings used in this act are not any part of the law. [2008 c
170 § 407.]
28A.700.901
Chapter 28A.705 RCW
INTERSTATE COMPACT ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN
Chapter 28A.705
Sections
28A.705.010 Compact provisions.
28A.705.020 Review of implementation—Recommendation.
28A.705.010 Compact provisions.
28A.705.010
ARTICLE I
PURPOSE
It is the purpose of this compact to remove barriers to
educational success imposed on children of military families
because of frequent moves and deployment of their parents
by:
A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records
[Title 28A RCW—page 307]
28A.705.010
Title 28A RCW: Common School Provisions
from the previous school districts or variations in entrance
and age requirements;
B. Facilitating the student placement process through
which children of military families are not disadvantaged by
variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment;
C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities;
D. Facilitating the on-time graduation of children of military families;
E. Providing for the promulgation and enforcement of
administrative rules implementing the provisions of this compact;
F. Providing for the uniform collection and sharing of
information between and among member states, schools, and
military families under this compact;
G. Promoting coordination between this compact and
other compacts affecting military children; and
H. Promoting flexibility and cooperation between the
educational system, parents, and the student in order to
achieve educational success for the student.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly
requires a different construction:
A. "Active duty" means full-time duty status in the
active uniformed service of the United States, including
members of the national guard and reserve on active duty
orders pursuant to 10 U.S.C. Secs. 1209 and 1211.
B. "Children of military families" means school-aged
children, enrolled in kindergarten through twelfth grade, in
the household of an active duty member.
C. "Compact commissioner" means the voting representative of each compacting state appointed pursuant to Article
VIII of this compact.
D. "Deployment" means the period one month prior to
the service members’ departure from their home station on
military orders through six months after return to their home
station.
E. "Education records" or "educational records" means
those official records, files, and data directly related to a student and maintained by the school or local education agency,
including but not limited to, records encompassing all the
material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic
work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols,
and individualized education programs.
F. "Extracurricular activities" means a voluntary activity
sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation
for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.
G. "Interstate commission on educational opportunity
for military children" means the commission that is created
under Article IX of this compact, which is generally referred
to as the interstate commission.
[Title 28A RCW—page 308]
H. "Local education agency" means a public authority
legally constituted by the state as an administrative agency to
provide control of and direction for kindergarten through
twelfth grade public educational institutions.
I. "Member state" means a state that has enacted this
compact.
J. "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other
activity under the jurisdiction of the United States department
of defense, including any leased facility, which is located
within any of the several states, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands,
Guam, American Samoa, the Northern Marianas Islands, and
any other U.S. territory. Such term does not include any
facility used primarily for civil works, rivers and harbors
projects, or flood control projects.
K. "Nonmember state" means a state that has not
enacted this compact.
L. "Receiving state" means the state to which a child of
a military family is sent, brought, or caused to be sent or
brought.
M. "Rule" means a written statement by the interstate
commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets, or
prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate
commission, and has the force and effect of statutory law in a
member state, and includes the amendment, repeal, or suspension of an existing rule.
N. "Sending state" means the state from which a child of
a military family is sent, brought, or caused to be sent or
brought.
O. "State" means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. territory.
P. "Student" means the child of a military family for
whom the local education agency receives public funding and
who is formally enrolled in kindergarten through twelfth
grade.
Q. "Transition" means: (1) The formal and physical
process of transferring from school to school; or (2) the
period of time in which a student moves from one school in
the sending state to another school in the receiving state.
R. "Uniformed services" means the army, navy, air
force, marine corps, and coast guard, as well as the commissioned corps of the national oceanic and atmospheric administration, and public health services.
S. "Veteran" means a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.
ARTICLE III
APPLICABILITY
A. Except as otherwise provided in section B of this article, this compact shall apply to the children of:
1. Active duty members of the uniformed services as
defined in this compact, including members of the national
guard and reserve on active duty orders pursuant to 10 U.S.C.
Secs. 1209 and 1211;
(2010 Ed.)
Interstate Compact on Educational Opportunity for Military Children
2. Members or veterans of the uniformed services who
are severely injured and medically discharged or retired for a
period of one year after medical discharge or retirement; and
3. Members of the uniformed services who die on active
duty or as a result of injuries sustained on active duty for a
period of one year after death.
B. The provisions of this interstate compact shall only
apply to local education agencies as defined in this compact.
C. The provisions of this compact shall not apply to the
children of:
1. Inactive members of the national guard and military
reserves;
2. Members of the uniformed services now retired,
except as provided in section A of this article;
3. Veterans of the uniformed services, except as provided in section A of this article; and
4. Other U.S. department of defense personnel and other
federal agency civilian and contract employees not defined as
active duty members of the uniformed services.
ARTICLE IV
EDUCATIONAL RECORDS AND ENROLLMENT
A. Unofficial or "hand-carried" education records – In
the event that official education records cannot be released to
the parents for the purpose of transfer, the custodian of the
records in the sending state shall prepare and furnish to the
parent a complete set of unofficial educational records containing uniform information as determined by the interstate
commission. Upon receipt of the unofficial education
records by a school in the receiving state, the school shall
enroll and appropriately place the student based on the information provided in the unofficial records pending validation
by the official records, as quickly as possible.
B. Official education records and transcripts -Simultaneous with the enrollment and conditional placement of the
student, the school in the receiving state shall request the student’s official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education
records to the school in the receiving state within ten days or
within such time as is reasonably determined under the rules
promulgated by the interstate commission. However, if the
student has an unpaid fine at a public school or unpaid tuition,
fees, or fines at a private school, then the sending school shall
send the information requested but may withhold the official
transcript until the monetary obligation is met.
C. Immunizations – On or before the first day of attendance, the parent or guardian must meet the immunization
documentation requirements of the Washington board of
health. Compacting states shall give thirty days from the date
of enrollment or within such time as is reasonably determined
under the rules promulgated by the interstate commission, for
students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations
must be obtained within thirty days or within such time as is
reasonably determined under the rules promulgated by the
interstate commission.
D. Kindergarten and first grade entrance age – Students
shall be allowed to continue their enrollment at grade level in
the receiving state commensurate with their grade level
(including kindergarten) from a local education agency in the
(2010 Ed.)
28A.705.010
sending state at the time of transition, regardless of age. A
student who has satisfactorily completed the prerequisite
grade level in the local education agency in the sending state
shall be eligible for enrollment in the next highest grade level
in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state
shall enter the school in the receiving state on his or her validated level from an accredited school in the sending state.
ARTICLE V
PLACEMENT AND ATTENDANCE
A. Course placement - When the student transfers before
or during the school year, the receiving state school shall initially honor placement of the student in educational courses
based on the student’s enrollment in the sending state school
and/or educational assessments conducted at the school in the
sending state if the courses are offered and if space is available, as determined by the school district. Course placement
includes but is not limited to honors, international baccalaureate, advanced placement, vocational, technical, and career
pathways courses. Continuing the student’s academic program from the previous school and promoting placement in
academically and career challenging courses should be paramount when considering placement. This does not preclude
the school in the receiving state from performing subsequent
evaluations to ensure appropriate placement and continued
enrollment of the student in the courses.
B. Educational program placement – The receiving state
school shall initially honor placement of the student in educational programs based on current educational assessments
conducted at the school in the sending state or participation
and placement in like programs in the sending state and if
space is available, as determined by the school district. Such
programs include, but are not limited to: (1) Gifted and talented programs; and (2) English as a second language (ESL).
This does not preclude the school in the receiving state from
performing subsequent evaluations to ensure appropriate
placement of the student.
C. Special education services – (1) In compliance with
the federal requirements of the Individuals with Disabilities
Education Act (IDEA), 20 U.S.C. Sec. 1400 et seq., the
receiving state shall initially provide comparable services to
a student with disabilities based on his or her current Individualized Education Program (IEP); and (2) in compliance with
the requirements of section 504 of the rehabilitation act, 29
U.S.C. Sec. 794, and with Title II of the Americans with disabilities act, 42 U.S.C. Secs. 12131-12165, the receiving state
shall make reasonable accommodations and modifications to
address the needs of incoming students with disabilities, subject to an existing 504 or Title II plan, to provide the student
with equal access to education. This does not preclude the
school in the receiving state from performing subsequent
evaluations to ensure appropriate placement of the student.
D. Placement flexibility – Local education agency
administrative officials shall have flexibility in waiving
course and program prerequisites, or other preconditions for
placement in courses and programs offered under the jurisdiction of the local education agency.
E. Absence as related to deployment activities – A student whose parent or legal guardian is an active duty member
of the uniformed services, as defined by this compact, and
[Title 28A RCW—page 309]
28A.705.010
Title 28A RCW: Common School Provisions
has been called to duty for, is on leave from, or immediately
returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at
the discretion of the local education agency superintendent to
visit with his or her parent or legal guardian relative to such
leave or deployment of the parent or guardian.
agency, if the student meets the graduation requirements of
the sending local education agency. In the event that one of
the states in question is not a member of this compact, the
member state shall use best efforts to facilitate the on-time
graduation of the student in accordance with sections A and
B of this article.
ARTICLE VI
ELIGIBILITY
ARTICLE VIII
STATE COORDINATION
A. Eligibility for enrollment
1. Special power of attorney, relative to the guardianship
of a child of a military family and executed under applicable
law shall be sufficient for the purposes of enrollment and all
other actions requiring parental participation and consent.
2. A local education agency shall be prohibited from
charging local tuition to a transitioning military child placed
in the care of a noncustodial parent or other person standing
in loco parentis who lives in a jurisdiction other than that of
the custodial parent.
3. A transitioning military child, placed in the care of a
noncustodial parent or other person standing in loco parentis
who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he or she was
enrolled while residing with the custodial parent.
B. Eligibility for extracurricular participation - Under
RCW 28A.225.280, the Washington interscholastic activities
association and local education agencies shall facilitate the
opportunity for transitioning military children’s inclusion in
extracurricular activities, regardless of application deadlines,
to the extent they are otherwise qualified and space is available, as determined by the school district.
A. Each member state shall, through the creation of a
state council or use of an existing body or board, provide for
the coordination among its agencies of government, local
education agencies, and military installations concerning the
state’s participation in, and compliance with, this compact
and interstate commission activities. While each member
state may determine the membership of its own state council,
its membership must include at least: The state superintendent of public instruction, a superintendent of a school district with a high concentration of military children, a representative from a military installation, one representative each
from the legislative and executive branches of government,
and other offices and stakeholder groups the state council
deems appropriate. A member state that does not have a
school district deemed to contain a high concentration of military children may appoint a superintendent from another
school district to represent local education agencies on the
state council.
B. The state council of each member state shall appoint
or designate a military family education liaison to assist military families and the state in facilitating the implementation
of this compact.
C. The compact commissioner responsible for the
administration and management of the state’s participation in
the compact shall be appointed by the governor or as otherwise determined by each member state. The governor is
strongly encouraged to appoint a practicing K-12 educator as
the compact commissioner.
D. The compact commissioner and the military family
education liaison designated herein shall be ex officio members of the state council, unless either is already a full voting
member of the state council.
ARTICLE VII
GRADUATION
In order to facilitate the on-time graduation of children
of military families, states and local education agencies shall
incorporate the following procedures:
A. Waiver requirements – Local education agency
administrative officials shall waive specific courses required
for graduation if similar coursework has been satisfactorily
completed in another local education agency or shall provide
reasonable justification for denial. Should a waiver not be
granted to a student who would qualify to graduate from the
sending school, the local education agency shall use best
efforts to provide an alternative means of acquiring required
coursework so that graduation may occur on time.
B. Exit exams - For students entering high school in
eleventh or twelfth grade, states shall accept: (1) Exit or
end-of-course exams required for graduation from the sending state; or (2) national norm-referenced achievement tests;
or (3) alternative testing, in lieu of testing requirements for
graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a
student transferring in his or her senior year, then the provisions of section C of this article shall apply.
C. Transfers during senior year – Should a military student transferring at the beginning or during his or her senior
year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the
sending and receiving local education agencies shall ensure
the receipt of a diploma from the sending local education
[Title 28A RCW—page 310]
ARTICLE IX
INTERSTATE COMMISSION ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN
The member states hereby create the "interstate commission on educational opportunity for military children." The
activities of the interstate commission are the formation of
public policy and are a discretionary state function. The
interstate commission shall:
A. Be a body corporate and joint agency of the member
states and shall have all the responsibilities, powers, and
duties set forth herein, and such additional powers as may be
conferred upon it by a subsequent concurrent action of the
respective legislatures of the member states in accordance
with the terms of this compact;
B. Consist of one interstate commission voting representative from each member state who shall be that state’s
compact commissioner.
1. Each member state represented at a meeting of the
interstate commission is entitled to one vote.
(2010 Ed.)
Interstate Compact on Educational Opportunity for Military Children
2. A majority of the total member states shall constitute
a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.
3. A representative shall not delegate a vote to another
member state. In the event the compact commissioner is
unable to attend a meeting of the interstate commission, the
governor or state council may delegate voting authority to
another person from their state for a specified meeting.
4. The bylaws may provide for meetings of the interstate
commission to be conducted by telecommunication or electronic communication;
C. Consist of ex officio, nonvoting representatives who
are members of interested organizations. Such ex officio
members, as defined in the bylaws, may include but not be
limited to, members of the representative organizations of
military family advocates, local education agency officials,
parent and teacher groups, the U.S. department of defense,
the education commission of the states, the interstate agreement on the qualification of educational personnel, and other
interstate compacts affecting the education of children of military members;
D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a
simple majority of the member states, shall call additional
meetings;
E. Establish an executive committee, whose members
shall include the officers of the interstate commission and
such other members of the interstate commission as determined by the bylaws. Members of the executive committee
shall serve a one-year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the interstate
commission, with the exception of rule making, during periods when the interstate commission is not in session. The
executive committee shall oversee the day-to-day activities
of the administration of the compact including enforcement
and compliance with the provisions of the compact, its
bylaws and rules, and other such duties as deemed necessary.
The U.S. department of defense shall serve as an ex officio,
nonvoting member of the executive committee;
F. Establish bylaws and rules that provide for conditions
and procedures under which the interstate commission shall
make its information and official records available to the
public for inspection or copying. The interstate commission
may exempt from disclosure information or official records
to the extent they would adversely affect personal privacy
rights or proprietary interests;
G. Give public notice of all meetings and all meetings
shall be open to the public, except as set forth in the rules or
as otherwise provided in the compact. The interstate commission and its committees may close a meeting, or portion
thereof, where it determines by two-thirds vote that an open
meeting would be likely to:
1. Relate solely to the interstate commission’s internal
personnel practices and procedures;
2. Disclose matters specifically exempted from disclosure by federal and state statute;
3. Disclose trade secrets or commercial or financial
information which is privileged or confidential;
4. Involve accusing a person of a crime, or formally censuring a person;
(2010 Ed.)
28A.705.010
5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of
personal privacy;
6. Disclose investigative records compiled for law
enforcement purposes; or
7. Specifically relate to the interstate commission’s participation in a civil action or other legal proceeding;
H. Cause its legal counsel or designee to certify that a
meeting may be closed and shall reference each relevant
exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The interstate
commission shall keep minutes which shall fully and clearly
describe all matters discussed in a meeting and shall provide
a full and accurate summary of actions taken, and the reasons
therefor, including a description of the views expressed and
the record of a roll call vote. All documents considered in
connection with an action shall be identified in such minutes.
All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the interstate commission;
I. Collect standardized data concerning the educational
transition of the children of military families under this compact as directed through its rules which shall specify the data
to be collected, the means of collection, and data exchange
and reporting requirements. Such methods of data collection,
exchange, and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as
identified in the bylaws and rules;
J. Create a process that permits military officials, education officials, and parents to inform the interstate commission
if and when there are alleged violations of the compact or its
rules or when issues subject to the jurisdiction of the compact
or its rules are not addressed by the state or local education
agency. This section shall not be construed to create a private
right of action against the interstate commission or any member state.
ARTICLE X
POWERS AND DUTIES OF THE
INTERSTATE COMMISSION
The interstate commission shall have the following powers:
A. To provide for dispute resolution among member
states;
B. To promulgate rules and take all necessary actions to
effect the goals, purposes, and obligations as enumerated in
this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the
extent and in the manner provided in this compact;
C. To issue, upon request of a member state, advisory
opinions concerning the meaning or interpretation of the
interstate compact, its bylaws, rules, and actions;
D. To enforce compliance with the compact provisions,
the rules promulgated by the interstate commission, and the
bylaws, using all necessary and proper means, including but
not limited to the use of judicial process;
E. To establish and maintain offices which shall be
located within one or more of the member states;
F. To purchase and maintain insurance and bonds;
[Title 28A RCW—page 311]
28A.705.010
Title 28A RCW: Common School Provisions
G. To borrow, accept, hire, or contract for services of
personnel;
H. To establish and appoint committees including, but
not limited to, an executive committee as required by Article
IX, section E of this compact, which shall have the power to
act on behalf of the interstate commission in carrying out its
powers and duties hereunder;
I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation,
define their duties, and determine their qualifications; and to
establish the interstate commission’s personnel policies and
programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;
J. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of it;
K. To lease, purchase, accept contributions or donations
of, or otherwise to own, hold, improve, or use any property,
real, personal, or mixed;
L. To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal,
or mixed;
M. To establish a budget and make expenditures;
N. To adopt a seal and bylaws governing the management and operation of the interstate commission;
O. To report annually to the legislatures, governors,
judiciary, and state councils of the member states concerning
the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission;
P. To coordinate education, training, and public awareness regarding the compact, its implementation, and operation for officials and parents involved in such activity;
Q. To establish uniform standards for the reporting, collecting, and exchanging of data;
R. To maintain corporate books and records in accordance with the bylaws;
S. To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact; and
T. To provide for the uniform collection and sharing of
information between and among member states, schools, and
military families under this compact.
ARTICLE XI
ORGANIZATION AND OPERATION OF THE
INTERSTATE COMMISSION
A. The interstate commission shall, by a majority of the
members present and voting, within twelve months after the
first interstate commission meeting, adopt bylaws to govern
its conduct as may be necessary or appropriate to carry out
the purposes of the compact, including, but not limited to:
1. Establishing the fiscal year of the interstate commission;
2. Establishing an executive committee, and such other
committees as may be necessary;
3. Providing for the establishment of committees and for
governing any general or specific delegation of authority or
function of the interstate commission;
[Title 28A RCW—page 312]
4. Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring
reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the officers and staff of the interstate commission;
6. Providing a mechanism for concluding the operations
of the interstate commission and the return of surplus funds
that may exist upon the termination of the compact after the
payment and reserving of all of its debts and obligations; and
7. Providing "start up" rules for initial administration of
the compact.
B. The interstate commission shall, by a majority of the
members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall
have such authority and duties as may be specified in the
bylaws. The chairperson or, in the chairperson’s absence or
disability, the vice-chairperson, shall preside at all meetings
of the interstate commission. The officers so elected shall
serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of
budgeted funds, the officers shall be reimbursed for ordinary
and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate
commission.
C. Executive committee, officers, and personnel
1. The executive committee shall have such authority
and duties as may be set forth in the bylaws, including but not
limited to:
a. Managing the affairs of the interstate commission in a
manner consistent with the bylaws and purposes of the interstate commission;
b. Overseeing an organizational structure within, and
appropriate procedures for the interstate commission to provide for the creation of rules, operating procedures, and
administrative and technical support functions; and
c. Planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the
interstate commission.
2. The executive committee may, subject to the approval
of the interstate commission, appoint or retain an executive
director for such period, upon such terms and conditions and
for such compensation, as the interstate commission may
deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member
of the interstate commission. The executive director shall
hire and supervise such other persons as may be authorized
by the interstate commission.
D. The interstate commission’s executive director and
its employees shall be immune from suit and liability, either
personally or in their official capacity, for a claim for damage
to or loss of property or personal injury or other civil liability
caused or arising out of or relating to an actual or alleged act,
error, or omission that occurred, or that such person had a
reasonable basis for believing occurred, within the scope of
interstate commission employment, duties, or responsibilities; provided, that such person shall not be protected from
suit or liability for damage, loss, injury, or liability caused by
the intentional or willful and wanton misconduct of such person.
(2010 Ed.)
Interstate Compact on Educational Opportunity for Military Children
1. The liability of the interstate commission’s executive
director and employees or interstate commission representatives, acting within the scope of such person’s employment or
duties for acts, errors, or omissions occurring within such
person’s state may not exceed the limits of liability set forth
under the Constitution and laws of that state for state officials, employees, and agents. The interstate commission is
considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be
construed to protect such person from suit or liability for
damage, loss, injury, or liability caused by the intentional or
willful and wanton misconduct of such person.
2. The interstate commission shall defend the executive
director and its employees and, subject to the approval of the
attorney general or other appropriate legal counsel of the
member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising
out of an actual or alleged act, error, or omission that
occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of
interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission
did not result from intentional or willful and wanton misconduct on the part of such person.
3. To the extent not covered by the state involved, member state, or the interstate commission, the representatives or
employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including
attorneys’ fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that
occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a
reasonable basis for believing occurred within the scope of
interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission
did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE XII
RULE-MAKING FUNCTIONS OF THE
INTERSTATE COMMISSION
A. Rule-making authority - The interstate commission
shall promulgate reasonable rules in order to effectively and
efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the interstate commission
exercises its rule-making authority in a manner that is beyond
the scope of the purposes of this compact, or the powers
granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
B. Rule-making procedure - Rules shall be made pursuant to a rule-making process that substantially conforms to
the "model state administrative procedure act," of 1981, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as
may be appropriate to the operations of the interstate commission.
C. Not later than thirty days after a rule is promulgated,
any person may file a petition for judicial review of the rule;
provided, that the filing of such a petition shall not stay or
otherwise prevent the rule from becoming effective unless
(2010 Ed.)
28A.705.010
the court finds that the petitioner has a substantial likelihood
of success. The court shall give deference to the actions of
the interstate commission consistent with applicable law and
shall not find the rule to be unlawful if the rule represents a
reasonable exercise of the interstate commission’s authority.
D. If a majority of the legislatures of the compacting
states rejects a rule by enactment of a statute or resolution in
the same manner used to adopt the compact, then such rule
shall have no further force and effect in any compacting state.
ARTICLE XIII
OVERSIGHT, ENFORCEMENT, AND
DISPUTE RESOLUTION
A. Oversight
1. The executive, legislative, and judicial branches of
state government in each member state shall enforce this
compact and shall take all actions necessary and appropriate
to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder
shall have standing as statutory law.
2. All courts shall take judicial notice of the compact
and the rules in any judicial or administrative proceeding in a
member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of
the interstate commission.
3. The interstate commission shall be entitled to receive
all service of process in any such proceeding, and shall have
standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission
shall render a judgment or order void as to the interstate commission, this compact, or promulgated rules.
B. Default, technical assistance, suspension, and termination - If the interstate commission determines that a member state has defaulted in the performance of its obligations or
responsibilities under this compact, or the bylaws or promulgated rules, the interstate commission shall:
1. Provide written notice to the defaulting state and other
member states of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default;
2. Provide remedial training and specific technical assistance regarding the default;
3. If the defaulting state fails to cure the default, the
defaulting state shall be terminated from the compact upon an
affirmative vote of a majority of the member states and all
rights, privileges, and benefits conferred by this compact
shall be terminated from the effective date of termination. A
cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default;
4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing
compliance have been exhausted. Notice of intent to suspend
or terminate shall be given by the interstate commission to
the governor, the majority and minority leaders of the
defaulting state’s legislature, and each of the member states;
5. The state which has been suspended or terminated is
responsible for all assessments, obligations, and liabilities
incurred through the effective date of suspension or termination including obligations the performance of which extends
beyond the effective date of suspension or termination;
[Title 28A RCW—page 313]
28A.705.010
Title 28A RCW: Common School Provisions
6. The interstate commission shall not bear any costs
relating to any state that has been found to be in default or
which has been suspended or terminated from the compact,
unless otherwise mutually agreed upon in writing between
the interstate commission and the defaulting state;
7. The defaulting state may appeal the action of the
interstate commission by petitioning the U.S. District Court
for the District of Columbia or the federal district where the
interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorneys’ fees.
C. Dispute Resolution
1. The interstate commission shall attempt, upon the
request of a member state, to resolve disputes which are subject to the compact and which may arise among member
states and between member and nonmember states.
2. The interstate commission shall promulgate a rule
providing for both mediation and binding dispute resolution
for disputes as appropriate.
D. Enforcement
1. The interstate commission, in the reasonable exercise
of its discretion, shall enforce the provisions and rules of this
compact.
2. The interstate commission, may by majority vote of
the members, initiate legal action in the United State[s] District Court for the District of Columbia or, at the discretion of
the interstate commission, in the federal district where the
interstate commission has its principal offices, to enforce
compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default.
The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation
including reasonable attorneys’ fees.
3. The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission
may avail itself of any other remedies available under state
law or the regulation of a profession.
ARTICLE XIV
FINANCING OF THE INTERSTATE COMMISSION
A. The interstate commission shall pay, or provide for
the payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
B. The interstate commission may levy on and collect an
annual assessment from each member state to cover the cost
of the operations and activities of the interstate commission
and its staff which must be in a total amount sufficient to
cover the interstate commission’s annual budget as approved
each year. The aggregate annual assessment amount shall be
allocated based upon a formula to be determined by the interstate commission, which shall promulgate a rule binding
upon all member states.
C. The interstate commission shall not incur obligations
of any kind prior to securing the funds adequate to meet the
same; nor shall the interstate commission pledge the credit of
any of the member states, except by and with the authority of
the member state.
D. The interstate commission shall keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the interstate commission shall be subject to
[Title 28A RCW—page 314]
the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds
handled by the interstate commission shall be audited yearly
by a certified or licensed public accountant and the report of
the audit shall be included in and become part of the annual
report of the interstate commission.
ARTICLE XV
MEMBER STATES, EFFECTIVE DATE,
AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding
upon legislative enactment of the compact into law by no less
than ten of the states. The effective date shall be no earlier
than December 1, 2007.
Thereafter it shall become effective and binding as to
any other member state upon enactment of the compact into
law by that state. The governors of nonmember states or their
designees shall be invited to participate in the activities of the
interstate commission on a nonvoting basis prior to adoption
of the compact by all states.
C. The interstate commission may propose amendments
to the compact for enactment by the member states. No
amendment shall become effective and binding upon the
interstate commission and the member states unless and until
it is enacted into law by unanimous consent of the member
states.
ARTICLE XVI
WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective, the compact shall continue in force
and remain binding upon each and every member state; provided that a member state may withdraw from the compact by
specifically repealing the statute, which enacted the compact
into law.
2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect
until one year after the effective date of such statute and until
written notice of the withdrawal has been given by the withdrawing state to the governor of each other member jurisdiction.
3. The withdrawing state shall immediately notify the
chairperson of the interstate commission in writing upon the
introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the
other member states of the withdrawing state’s intent to withdraw within sixty days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of a member
state shall occur upon the withdrawing state reenacting the
compact or upon such later date as determined by the interstate commission.
B. Dissolution of compact
1. This compact shall dissolve effective upon the date of
the withdrawal or default of the member state which reduces
the membership in the compact to one member state.
(2010 Ed.)
Construction
2. Upon the dissolution of this compact, the compact
becomes null and void and shall be of no further force or
effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed
in accordance with the bylaws.
ARTICLE XVII
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable,
and if any phrase, clause, sentence, or provision is deemed
unenforceable, the remaining provisions of the compact shall
be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit
the applicability of other interstate compacts to which the
states are members.
ARTICLE XVIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other laws
1. Nothing herein prevents the enforcement of any other
law of a member state that is not inconsistent with this compact.
2. All member states’ laws conflicting with this compact
are superseded to the extent of the conflict.
B. Binding effect of the compact
1. All lawful actions of the interstate commission,
including all rules and bylaws promulgated by the interstate
commission, are binding upon the member states.
2. All agreements between the interstate commission
and the member states are binding in accordance with their
terms.
3. In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of
the conflict with the constitutional provision in question in
that member state. [2009 c 380 § 1.]
28A.900.080
28A.900.103 Subheadings not law—1990 c 33.
28A.900.105 Effect of repeal—1995 c 335.
28A.900.010 Repeals and savings. See 1969 ex.s. c
223 § 28A.98.010. Formerly RCW 28A.98.010.
28A.900.010
28A.900.030 Continuation of existing law. The provisions of this title, Title 28A RCW, insofar as they are substantially the same as statutory provisions repealed by this
chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new
enactments. Nothing in this 1969 code revision of Title 28
RCW shall be construed as authorizing any new bond issues
or new or additional appropriations of moneys but the bond
issue authorizations herein contained shall be construed only
as continuations of bond issues authorized by prior laws
herein repealed and reenacted, and the appropriations of
moneys herein contained are continued herein for historical
purposes only and this 1969 act shall not be construed as a
reappropriation thereof and no appropriation contained
herein shall be deemed to be extended or revived hereby and
such appropriation shall lapse or shall have lapsed in accordance with the original enactment: PROVIDED, That this
1969 act shall not operate to terminate, extend or otherwise
affect any appropriation for the biennium commencing July
1, 1967, and ending June 30, 1969. [1969 ex.s. c 223 §
28A.98.030. Formerly RCW 28A.98.030.]
28A.900.030
28A.900.040 Provisions to be construed in pari materia. The provisions of this title, Title 28A RCW, shall be
construed in pari materia even though as a matter of prior legislative history they were not originally enacted in the same
statute. The provisions of this title shall also be construed in
pari materia with the provisions of Title 28B RCW, and with
other laws relating to education. This section shall not operate retroactively. [1969 ex.s. c 223 § 28A.98.040. Formerly
RCW 28A.98.040.]
28A.900.040
28A.900.050 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or subsection headings, as used in this title, Title 28A RCW, do not
constitute any part of the law. [1969 ex.s. c 223 §
28A.98.050. Formerly RCW 28A.98.050.]
28A.900.050
28A.705.020 Review of implementation—Recommendation. By December 1, 2014, the state council, created
in accordance with RCW 28A.705.010, shall conduct a
review of the implementation of the interstate compact on
educational opportunity for military children and recommend
to the state legislature whether Washington should continue
to be a member of the compact and whether any other actions
should be taken. [2009 c 380 § 9.]
28A.705.020
Chapter 28A.900
Chapter 28A.900 RCW
CONSTRUCTION
Sections
28A.900.010
28A.900.030
28A.900.040
28A.900.050
28A.900.060
28A.900.070
28A.900.080
28A.900.100
28A.900.101
28A.900.102
(2010 Ed.)
28A.900.060 Invalidity of part of title not to affect
remainder. If any provision of this title, Title 28A RCW, or
its application to any person or circumstance is held invalid,
the remainder of the title, or the application of the provision
to other persons or circumstances is not affected. [1969 ex.s.
c 223 § 28A.98.060. Formerly RCW 28A.98.060.]
28A.900.060
28A.900.070 "This code" defined. As used in this
title, Title 28A RCW, "this code" means Titles 28A and 28B
RCW. [1969 ex.s. c 223 § 28A.98.070. Formerly RCW
28A.98.070.]
28A.900.070
Repeals and savings.
Continuation of existing law.
Provisions to be construed in pari materia.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
"This code" defined.
Effective date—1969 ex.s. c 223.
Purpose—1990 c 33.
Statutory references—1990 c 33.
Severability—1990 c 33.
28A.900.080 Effective date—1969 ex.s. c 223. Title
28A RCW shall be effective July 1, 1970. [1969 ex.s. c 223
§ 28A.98.080. Formerly RCW 28A.98.080.]
28A.900.080
[Title 28A RCW—page 315]
28A.900.100
Title 28A RCW: Common School Provisions
28A.900.100
28A.900.100 Purpose—1990 c 33. (1) The purpose of
chapter 33, Laws of 1990 is to reorganize Title 28A RCW.
There are three goals to this reorganization: (a) To place
related sections in chapters organized by subject matter; (b)
to make all terms gender neutral; and (c) to clarify existing
language. Chapter 33, Laws of 1990 is technical in nature and
is not intended to make substantive changes in the meaning,
interpretation, court construction, or constitutionality of any
provision of Title 28A RCW or other statutory provisions
included in chapter 33, Laws of 1990 and rules adopted under
those provisions.
(2) Chapter 33, Laws of 1990 shall not have the effect of
terminating or in any way modifying any proceedings or liability, civil or criminal, which exists on June 7, 1990. [1990
c 33 § 1.]
28A.900.101
28A.900.101 Statutory references—1990 c 33. (1)
The code reviser shall correct all statutory references to code
sections recodified by *section 4 of this act.
(2)(a) References to "RCW 28A.47.732 through
28A.47.748" in Title 28A RCW have intentionally not been
changed since those code sections were repealed by chapter
189, Laws of 1983. These references are not being eliminated
because it is not the purpose of this act to correct obsolete references.
(b) References to "RCW 28A.58.095" in Title 28A RCW
have intentionally not been changed since that code section
was repealed by chapter 2, Laws of 1987 1st ex. sess. These
references are not being eliminated because it is not the purpose of this act to correct obsolete references. [1990 c 33 §
2.]
*Reviser’s note: Section 4 of this act is an uncodified section that
recodifies sections in Title 28A RCW.
28A.900.102
28A.900.102 Severability—1990 c 33. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 33 § 603.]
28A.900.103
28A.900.103 Subheadings not law—1990 c 33. Subheadings as used in this act do not constitute any part of the
law. [1990 c 33 § 3.]
28A.900.105
28A.900.105 Effect of repeal—1995 c 335. The repeal
of any programs that are not funded as of July 23, 1995, is not
intended to comment on the value of the services provided by
the programs. The repeal of statutes in chapter 335, Laws of
1995 does not affect the general authority of school districts
to provide services to accomplish the purposes of these programs. The deletion or repeal of language that permitted
school districts to carry out specific activities that would be
within their general authority is not intended to affect the
general authority of school districts to continue to carry out
those activities. [1995 c 335 § 801.]
Additional notes found at www.leg.wa.gov
[Title 28A RCW—page 316]
(2010 Ed.)
Title 28B
Title 28B
HIGHER EDUCATION
Chapters
28B.04
Displaced homemaker act.
28B.06
Project even start.
28B.07
Washington higher education facilities authority.
28B.10
Colleges and universities generally.
28B.12
State work-study program.
28B.13
1974 Bond issue for capital improvements.
28B.14
1975 Bond issue for capital improvements.
28B.14B 1977 Bond issue for capital improvements.
28B.14C 1977 Bond act for the refunding of outstanding
limited obligation revenue bonds.
28B.14D 1979 Bond issue for capital improvements.
28B.14E 1979 Bond issue for capital improvements.
28B.14F Bond issues for capital improvements.
28B.14G 1981 Bond issue for capital improvements
(1981 c 233).
28B.14H Washington’s future bond issue.
28B.15
College and university fees.
28B.20
University of Washington.
28B.30
Washington State University.
28B.31
1977 Washington State University buildings
and facilities financing act.
28B.35
Regional universities.
28B.38
Spokane intercollegiate research and technology institute.
28B.40
The Evergreen State College.
28B.45
Branch campuses.
28B.50
Community and technical colleges.
28B.52
Collective bargaining—Academic personnel in
community colleges.
28B.56
1972 Community colleges facilities aid—Bond
issue.
28B.57
1975 Community college special capital
projects bond act.
28B.58
1975 Community college general capital
projects bond act.
28B.59
1976 Community college capital projects bond
act.
28B.59B 1977 Community college capital projects bond
act.
28B.59C 1979 Community college capital projects bond
act.
28B.59D 1981 Community college capital projects bond
act.
28B.63
Commercial activities by institutions of higher
education.
28B.65
High-technology education and training.
28B.67
Customized employment training.
28B.70
Western regional higher education compact.
28B.76
Higher education coordinating board.
28B.85
Degree-granting institutions.
28B.90
Foreign degree-granting branch campuses.
28B.92
State student financial aid programs.
28B.95
Advanced college tuition payment program.
28B.97
Washington higher education loan program.
28B.101 Educational opportunity grant program—Placebound students.
(2010 Ed.)
28B.102
28B.103
28B.105
28B.106
28B.108
28B.109
28B.110
28B.115
28B.116
28B.117
28B.118
28B.119
28B.120
28B.121
28B.130
28B.133
28B.135
28B.140
28B.142
28B.900
Future teachers conditional scholarship and
loan repayment program.
National guard conditional scholarship program.
GET ready for math and science scholarship
program.
College savings bond program.
American Indian endowed scholarship program.
Washington international exchange scholarship program.
Gender equality in higher education.
Health professional conditional scholarship
program.
Foster care endowed scholarship program.
Passport to college promise program.
College bound scholarship program.
Washington promise scholarship program.
Washington fund for innovation and quality in
higher education program.
Food animal veterinarian conditional scholarship program.
Transportation demand management programs.
Gaining independence for students with
dependents program.
Child care for higher education students.
Financing research facilities at research universities.
Local borrowing authority—Research universities.
Construction.
Actions against public corporations: RCW 4.08.120.
Actions by public corporation in corporate name: RCW 4.08.110.
Alcohol, pure ethyl, purchase of: RCW 66.16.010.
Attorney general, supervision of prosecuting attorney: RCW 36.27.020(3).
Blind, school for: Chapter 72.40 RCW.
Bomb threats, penalty: RCW 9.61.160.
Boxing, kickboxing, martial arts, and wrestling events
exemptions for: RCW 67.08.015.
physical examination of contestants, urinalysis: RCW 67.08.090.
Buildings, earthquake standards for construction: RCW 70.86.020,
70.86.030.
Businesses and professions generally, examinations for licenses for: Title 18
RCW.
Condemnation: Chapter 8.16 RCW.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Crimes relating to
bomb threats: RCW 9.61.160.
discrimination to deny public accommodations because of race, color or
creed: RCW 9.91.010.
Discrimination—Separation of sexes in dormitories, residence halls, etc.:
RCW 49.60.222.
Discrimination to deny public accommodations because of race, color or
creed, penalty: RCW 9.91.010.
Drivers’ training schools generally: Chapter 46.82 RCW.
Earthquake standards for construction: RCW 70.86.020, 70.86.030.
[Title 28B RCW—page 1]
Chapter 28B.04
Title 28B RCW: Higher Education
Education: State Constitution Art. 9.
State toxicological laboratories: RCW 68.50.107.
Educational facilities and programs for state schools for the deaf and blind:
RCW 72.40.028.
Student enrollment forecasts, biennial report of office of financial management: RCW 43.62.050.
Elementary or secondary school activities, admission tax exclusion: RCW
36.38.010.
System of schools to be established by state: State Constitution Art. 9 § 2.
Employees, qualifications to hold public office: RCW 42.04.020.
Enrollment forecasts: RCW 43.62.050.
Technical schools, included in public school system: State Constitution Art.
9 § 2.
Establishment and maintenance of schools guaranteed: State Constitution
Art. 26 § 4.
Warrants
interest rate: RCW 39.56.020.
rate fixed by issuing officer: RCW 39.56.030.
Fiscal year defined: RCW 1.16.030.
Year, fiscal year defined: RCW 1.16.030.
Free from sectarian control: State Constitution Art. 9 § 4, Art. 26 § 4.
Garnishment: Chapter 6.27 RCW.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Information and research services of colleges and universities, authority for
school districts to obtain: RCW 28A.320.110.
Information technology: RCW 43.105.200.
Intoxicating liquor, retail licenses, proximity limitations: RCW
66.24.010(9).
Lands
adverse possession against: RCW 7.28.090.
defined: RCW 79.02.010.
eminent domain
by cities against: RCW 8.12.030.
by corporations, service of notice: RCW 8.20.020.
by railroads and canal companies against: RCW 81.36.010.
by state, service of notice: RCW 8.04.020.
parks and recreation commission, relinquishment of control over school
lands: RCW 79A.05.175.
sale of educational lands, board of natural resources to fix value: RCW
79.11.080.
sale of generally: State Constitution Art. 16 §§ 2-4.
sale or lease of land and valuable materials, supervision and control of
department of natural resources over: RCW 79.11.020.
state lands, included in: RCW 79.02.010.
state parks and recreation, relinquishment of control over state lands:
RCW 79A.05.175.
Legal adviser, prosecuting attorney as: RCW 36.27.020(2), (3).
Medical schools, requisites for accreditation and approval: RCW
18.71.055.
Meetings, minutes of governmental bodies, open to public: Chapter 42.32
RCW.
Motor vehicles, speed regulations when passing public school: RCW
46.61.440.
Open to all children of state: State Constitution Art. 9 § 1, Art. 26 § 4.
Periodicals, purchase of, manner of payment: RCW 42.24.035.
Printing contracts for outside state work, labor requirements: RCW
43.78.150.
Printing must be done within state, exception: RCW 43.78.130, 43.78.140.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public lands: Title 79 RCW.
Public school system, what included in: State Constitution Art. 9 § 2.
Pupils, residence or absence does not affect right to vote: State Constitution
Art. 6 § 4.
Purchases, periodicals, postage, manner of payment: RCW 42.24.035.
Religion, control of schools by, free from: State Constitution Art. 9 § 4, Art.
26 § 4.
Savings and loan associations, school savings accounts, priority in liquidation distribution: RCW 33.40.050.
Sectarian control, free from: State Constitution Art. 9 § 4.
State school
for blind: Chapter 72.40 RCW.
for deaf: Chapter 72.40 RCW.
[Title 28B RCW—page 2]
Chapter 28B.04
Chapter 28B.04 RCW
DISPLACED HOMEMAKER ACT
Sections
28B.04.010
28B.04.020
28B.04.030
28B.04.040
28B.04.050
28B.04.060
28B.04.080
28B.04.090
28B.04.100
28B.04.110
28B.04.120
Short title.
Legislative findings—Purpose.
Definitions.
Multipurpose service centers—Contracts for—Rules embodying standards for—Funds for.
Multipurpose service centers—Referral to services by—Displaced homemakers as staff.
Contracting for specific programs.
Consultation and cooperation with other agencies—Agency
report of available services and funds therefor—Board as
clearinghouse for information and resources.
Considerations when awarding contracts.
Percentage of funding for centers or program to be provided by
administering organization.
Acceptance and use of contributions authorized—Qualifications.
Discrimination prohibited.
28B.04.010 Short title. This chapter may be known and
cited as the "displaced homemaker act." [1979 c 73 § 1.]
28B.04.010
28B.04.020 Legislative findings—Purpose. The legislature finds that homemakers are an unrecognized part of the
workforce who make an invaluable contribution to the
strength, durability, and purpose of our state.
The legislature further finds that there is an increasing
number of persons in this state who, having fulfilled a role as
homemaker, find themselves "displaced" in their middle
years through divorce, death of spouse, disability of spouse,
or other loss of family income of a spouse. As a consequence, displaced homemakers are very often left with little
or no income; they are ineligible for categorical welfare assistance; they are subject to the highest rate of unemployment of
any sector of the workforce; they face continuing discrimination in employment because of their age and lack of recent
paid work experience; they are ineligible for unemployment
insurance because they have been engaged in unpaid labor in
the home; they are ineligible for social security benefits
because they are too young, and many never qualify because
they have been divorced from the family wage earner; they
may have lost beneficiaries’ rights under employer’s pension
and health plans through divorce or death of spouse; and they
are often unacceptable to private health insurance plans
because of their age.
It is the purpose of this chapter to establish guidelines
under which the state board for community and technical colleges shall contract to establish multipurpose service centers
and programs to provide necessary training opportunities,
counseling, and services for displaced homemakers so that
they may enjoy the independence and economic security vital
28B.04.020
(2010 Ed.)
Displaced Homemaker Act
to a productive life. [2004 c 275 § 29; 1985 c 370 § 36; 1982
1st ex.s. c 15 § 1; 1979 c 73 § 2.]
Effective date—2004 c 275 §§ 28-32: "Sections 28 through 32 of this
act take effect July 1, 2005." [2004 c 275 § 33.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.04.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the state board for community and
technical colleges.
(2) "Center" means a multipurpose service center for displaced homemakers as described in RCW 28B.04.040.
(3) "Program" means those programs described in RCW
28B.04.050 which provide direct, outreach, and information
and training services which serve the needs of displaced
homemakers.
(4) "Displaced homemaker" means an individual who:
(a) Has worked in the home for ten or more years providing unsalaried household services for family members on a
full-time basis; and
(b) Is not gainfully employed;
(c) Needs assistance in securing employment; and
(d) Has been dependent on the income of another family
member but is no longer supported by that income, or has
been dependent on federal assistance but is no longer eligible
for that assistance, or is supported as the parent of minor children by public assistance or spousal support but whose children are within two years of reaching their majority. [2004 c
275 § 30; 1985 c 370 § 37; 1979 c 73 § 3.]
28B.04.030
Effective date—2004 c 275 §§ 28-32: See note following RCW
28B.04.020.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.04.040 Multipurpose service centers—Contracts
for—Rules embodying standards for—Funds for. (1) The
board, in consultation with state and local governmental
agencies, community groups, and local and national organizations concerned with displaced homemakers, shall receive
applications and may contract with public or private nonprofit organizations to establish multipurpose service centers
for displaced homemakers. In determining sites and administering agencies or organizations for the centers, the board
shall consider the experience and capabilities of the public or
private nonprofit organizations making application to provide services to a center.
(2) The board shall issue rules prescribing the standards
to be met by each center in accordance with the policies set
forth in this chapter. Continuing funds for the maintenance of
each center shall be contingent upon the determination by the
board that the center is in compliance with the contractual
conditions and with the rules prescribed by the board. [1985
c 370 § 38; 1982 1st ex.s. c 15 § 2; 1979 c 73 § 4.]
28B.04.040
28B.04.060
(i) Be specifically designed for displaced homemakers;
(ii) Counsel displaced homemakers with respect to
appropriate job opportunities; and
(iii) Take into account and build upon the skills and
experience of a homemaker and emphasize job readiness as
well as skill development;
(b) Job training and job placement services which shall:
(i) Emphasize short-term training programs and programs which expand upon homemaking skills and volunteer
experience and which lead to gainful employment;
(ii) Develop, through cooperation with state and local
government agencies and private employers, model training
and placement programs for jobs in the public and private
sectors;
(iii) Assist displaced homemakers in gaining admission
to existing public and private job training programs and
opportunities, including vocational education and apprenticeship training programs; and
(iv) Assist in identifying community needs and creating
new jobs in the public and private sectors;
(c) Health counseling services, including referral to
existing health programs, with respect to:
(i) General principles of preventative health care;
(ii) Health care consumer education, particularly in the
selection of physicians and health care services, including,
but not limited to, health maintenance organizations and
health insurance;
(iii) Family health care and nutrition;
(iv) Alcohol and drug abuse; and
(v) Other related health care matters;
(d) Financial management services which provide information and assistance with respect to insurance, taxes, estate
and probate problems, mortgages, loans, and other related
financial matters;
(e) Educational services, including:
(i) Outreach and information about courses offering
credit through secondary or postsecondary education programs, and other re-entry programs, including bilingual programming where appropriate; and
(ii) Information about such other programs as are determined to be of interest and benefit to displaced homemakers
by the board;
(f) Legal counseling and referral services; and
(g) Outreach and information services with respect to
federal and state employment, education, health, public assistance, and unemployment assistance programs which the
board determines would be of interest and benefit to displaced homemakers.
(2) The staff positions of each multipurpose center contracted for in accordance with RCW 28B.04.040, including
supervisory, technical, and administrative positions, shall, to
the maximum extent possible, be filled by displaced homemakers. [1985 c 370 § 39; 1982 1st ex.s. c 15 § 3; 1979 c 73
§ 5.]
28B.04.060 Contracting for specific programs. The
board may contract, where appropriate, with public or private
nonprofit groups or organizations serving the needs of displaced homemakers for programs designed to:
(1) Provide direct services to displaced homemakers,
including job counseling, job training and placement, health
28B.04.060
28B.04.050 Multipurpose service centers—Referral
to services by—Displaced homemakers as staff. (1) Each
center contracted for under this chapter shall include or provide information and referral to the following services:
(a) Job counseling services which shall:
28B.04.050
(2010 Ed.)
[Title 28B RCW—page 3]
28B.04.080
Title 28B RCW: Higher Education
counseling, financial management, educational counseling,
legal counseling, and referral services as described in RCW
28B.04.050;
(2) Provide statewide outreach and information services
for displaced homemakers; and
(3) Provide training opportunities for persons serving the
needs of displaced homemakers, including those persons in
areas not directly served by programs and centers established
under this chapter. [1985 c 370 § 40; 1982 1st ex.s. c 15 § 4;
1979 c 73 § 6.]
by those centers. All moneys received by the board or any
employee thereof pursuant to this section shall be deposited
in a depository approved by the state treasurer. Disbursements of such funds shall be on authorization of the board or
a duly authorized representative thereof. In order to maintain
an effective expenditure and revenue control such funds shall
be subject in all respects to chapter 43.88 RCW, but no
appropriation shall be required to permit expenditure of such
funds. [1985 c 370 § 43; 1979 c 73 § 11.]
28B.04.120 Discrimination prohibited. No person in
this state, on the ground of sex, age, race, color, religion,
national origin, or the presence of any sensory, mental, or
physical handicap, shall be excluded from participating in, be
denied the benefits of, or be subjected to discrimination
under, any program or activity funded in whole or in part with
funds made available under this chapter. [1979 c 73 § 12.]
28B.04.120
28B.04.080 Consultation and cooperation with other
agencies—Agency report of available services and funds
therefor—Board as clearinghouse for information and
resources. (1) The board shall consult and cooperate with
the department of social and health services; the higher education coordinating board; the superintendent of public
instruction; the workforce training and education coordinating board; the employment security department; the department of labor and industries; sponsoring agencies under the
federal comprehensive employment and training act (87 Stat.
839; 29 U.S.C. Sec. 801 et seq.), and any other persons or
agencies as the board deems appropriate to facilitate the coordination of centers established under this chapter with existing programs of a similar nature.
(2) Annually on July 1st, each agency listed in subsection (1) of this section shall submit a description of each service or program under its jurisdiction which would support
the programs and centers established by this chapter and the
funds available for such support.
(3) The board shall serve as a clearinghouse for displaced homemaker information and resources and shall compile and disseminate statewide information to the centers,
related agencies, and interested persons upon request. [2004
c 275 § 31; 1985 c 370 § 42; 1982 1st ex.s. c 15 § 6; 1979 c
73 § 8.]
28B.04.080
Effective date—2004 c 275 §§ 28-32: See note following RCW
28B.04.020.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.04.090 Considerations when awarding contracts. In the awarding of contracts under this chapter, consideration shall be given to need, geographic location, population ratios, and the extent of existing services. [1979 c 73 §
9.]
28B.04.090
28B.04.100 Percentage of funding for centers or program to be provided by administering organization.
Thirty percent of the funding for the centers and programs
under this chapter shall be provided by the organization
administering the center or program. Contributions in-kind,
whether materials and supplies, physical facilities, or personal services, may be considered as all or part of the funding
provided by the organization. [1979 c 73 § 10.]
28B.04.100
28B.04.110 Acceptance and use of contributions
authorized—Qualifications. The board may, in carrying
out this chapter, accept, use, and dispose of contributions of
money, services, and property: PROVIDED, That funds generated within individual centers may be retained and utilized
28B.04.110
[Title 28B RCW—page 4]
Chapter 28B.06
Chapter 28B.06 RCW
PROJECT EVEN START
Sections
28B.06.010 Intent—Short title.
28B.06.020 Definitions.
28B.06.030 Adult literacy program—Basic skills instruction—Credit
toward work and training requirement—Rules.
28B.06.040 Preference for existing programs before developing new programs.
28B.06.010 Intent—Short title. (1) Parents can be the
most effective teachers for their children. Providing illiterate
or semiliterate parents with opportunities to acquire basic
skills and child development knowledge will enhance their
ability to assist and support their children in the learning process, and will enhance children’s learning experiences in the
formal education environment by providing children with the
motivation and positive home environment which contribute
to enhanced academic performance.
(2) This chapter may be known and cited as project even
start. [1995 c 335 § 301; 1990 c 33 § 505; 1987 c 518 § 104.
Formerly RCW 28A.610.010, 28A.130.010.]
28B.06.010
Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Additional notes found at www.leg.wa.gov
28B.06.020 Definitions. Unless the context clearly
requires otherwise, the definition in this section shall apply
throughout this chapter.
"Parent" or "parents" means a parent who has less than
an eighth grade ability in one or more of the basic skill areas
of reading, language arts, or mathematics, as measured by a
standardized test, and who has a child or children enrolled in:
(1) The state early childhood education and assistance program; (2) a federal head start program; (3) a state or federally
funded elementary school basic skills program serving students who have scored below the national average on a standardized test in one or more of the basic skill areas of reading,
language arts, or mathematics; or (4) a cooperative preschool
at a community or technical college. [1995 c 335 § 302; 1990
c 33 § 506; 1987 c 518 § 105. Formerly RCW 28A.610.020,
28A.130.012.]
28B.06.020
Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425.
(2010 Ed.)
Washington Higher Education Facilities Authority
Additional notes found at www.leg.wa.gov
Chapter 28B.07
28B.06.030
28B.06.030 Adult literacy program—Basic skills
instruction—Credit toward work and training requirement—Rules. (1) The state board for community and technical colleges, in consultation with the *department of community, trade, and economic development, the department of
social and health services, the superintendent of public
instruction, and community-based, nonprofit providers of
adult literacy services, shall develop an adult literacy program to serve eligible parents as defined under **RCW
28A.610.020. The program shall give priority to serving parents with children who have not yet enrolled in school or are
in grades kindergarten through three.
(2) In addition to providing basic skills instruction to eligible parents, the program may include other program components which may include transportation, child care, and
such other directly necessary activities as may be necessary
to accomplish the purposes of this chapter.
(3) Parents who elect to participate in training or work
programs, as a condition of receiving public assistance, shall
have the hours spent in parent participation programs, conducted as part of a federal head start program, or the state
early childhood education and assistance program under
* * * R C W 2 8 A .2 1 5 . 1 0 0 t h r o u g h 2 8 A . 2 1 5 .2 0 0 a n d
28A.215.900 through 28A.215.908, or parent literacy programs under this chapter, counted toward the fulfillment of
their work and training obligation for the receipt of public
assistance.
(4) State funds as may be appropriated for project even
start shall be used solely to expand and complement, but not
supplant, federal funds for adult literary programs.
(5) The state board for community and technical colleges
shall adopt rules as necessary to carry out the purposes of this
chapter. [1995 c 335 § 303; 1990 c 33 § 507; 1987 c 518 §
106. Formerly RCW 28A.610.030, 28A.130.014.]
Reviser’s note: *(1) The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c
565.
**(2) RCW 28A.610.020 was recodified as RCW 28B.06.020 pursuant
to 1995 c 335 § 306.
***(3) RCW 28A.215.100 through 28A.215.200 and 28A.215.900
through 28A.215.908 were recodified as RCW 43.215.400 through
43.215.450 and 43.215.900 through 43.215.903.
Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Additional notes found at www.leg.wa.gov
28B.06.040
28B.06.040 Preference for existing programs before
developing new programs. The state board for community
and technical colleges is authorized and directed, whenever
possible, to fund or cooperatively work with existing adult
literacy programs and parenting related programs offered
through the common school and community and technical
college systems or community-based, nonprofit organizations to provide services for eligible parents before developing and funding new adult literacy programs to carry out the
purposes of project even start. [1996 c 11 § 1; 1987 c 518 §
107. Formerly RCW 28A.610.040, 28A.130.016.]
Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28B.07.010
Chapter 28B.07 RCW
WASHINGTON HIGHER EDUCATION
FACILITIES AUTHORITY
Sections
GENERAL PROVISIONS
28B.07.010
28B.07.020
28B.07.021
28B.07.030
28B.07.120
28B.07.130
Intent.
Definitions.
Definitions.
Washington higher education facilities authority—Created—
Members—Chairperson—Records—Quorum—Compensation and travel expenses.
Powers and duties.
Special obligation bonds—Issuance—Personal liability—
Debt limit.
Bonds—Special obligations—Payment—Funds—Segregation of proceeds and moneys.
Agreements with participant—Participant’s payment of certain costs and expenses.
Moneys deemed trust funds—Agreement or trust indenture
with bank or trust company authorized.
Holders or owners of bonds—Trustees—Enforcement of
rights—Purchase at foreclosure sale.
Bonds are securities—Legal investments.
Projects or financing—Exemption from certain restrictions on
procedures for awarding contracts.
Bond counsel—Selection.
Underwriters—Selection.
28B.07.300
28B.07.310
28B.07.320
28B.07.330
28B.07.340
28B.07.350
28B.07.360
28B.07.370
28B.07.380
Student loan financing—Authority—Liability.
Administration of alternative state educational loans.
Revenue bonds—Issuance—Payment—Personal liability.
Revenue refunding bonds.
Trust funds—Trust agreements.
Proceeds fund.
Default.
Debt limitation.
Sale of assets.
28B.07.900
28B.07.910
28B.07.920
28B.07.925
28B.07.926
28B.07.927
28B.07.928
28B.07.929
Chapter supplemental—Application of other laws.
Construction—1983 c 169.
Severability—1983 c 169.
Chapter supplemental—Application of other laws.
Construction—2007 c 36.
Conflict with federal requirements—2007 c 36.
Captions not law—2007 c 36.
Severability—2007 c 36.
28B.07.040
28B.07.050
28B.07.060
28B.07.070
28B.07.080
28B.07.090
28B.07.100
28B.07.110
STUDENT LOAN FINANCING
CONSTRUCTION
GENERAL PROVISIONS
28B.07.010 Intent. The legislature finds that the state
has a vital interest in ensuring that higher education institutions are maintained in the state in sufficient numbers and
located in such locations, as to be accessible to as many citizens as possible. Adequate educational opportunities are
essential to the economic, intellectual, and social well-being
of the state and its people. Washington’s independently-governed private nonprofit higher education institutions are a
necessary part of the state’s higher educational resources.
They provide educational diversity and choice for all residents of the communities in which they are located, communities which may not otherwise be served directly by a public
baccalaureate-granting college or university.
The legislature further finds that some of the factors that
contribute to educational costs are beyond the control of
these higher education institutions and their governing
boards. The factors include the need to modify facilities to
render the facilities accessible to the handicapped or disabled,
the necessity of modernizing structures to keep them safe and
efficient, and the demands of energy conservation and
28B.07.010
[Title 28B RCW—page 5]
28B.07.020
Title 28B RCW: Higher Education
resource utilization. Many of these needs are associated with
the public functions these institutions perform and the
requirements of the state and federal governments. Compounding the problem is the fact that the cost of these renovations are borne entirely by the institutions.
Because these institutions serve an important public purpose addressing both the needs of individuals and the needs
of the state, and because the performance of that public function can be facilitated at no expense or liability to the state,
the legislature declares it to be the public policy of the state of
Washington to enable the building, providing, and utilization
of modern, well-equipped, efficient, and reasonably priced
higher educational facilities, as well as the improvement,
expansion, and modernization of such facilities, in a manner
that will minimize the capital cost of construction, financing,
and use of such facilities. The intention of this policy is to
improve and ensure the quality and range of educational services available to the citizens of this state. The intent of the
legislature is to accomplish these and related purposes, and
this chapter shall be liberally construed in order to further
these goals. [1983 c 169 § 1.]
28B.07.020 Definitions. As used in this chapter, the
following words and terms shall have the following meanings, unless the context otherwise requires:
(1) "Authority" means the Washington higher education
facilities authority created under RCW 28B.07.030 or any
board, body, commission, department or officer succeeding
to the principal functions of the authority or to whom the
powers conferred upon the authority shall be given by law.
(2) "Bonds" means bonds, notes, commercial paper, certificates of indebtedness, or other evidences of indebtedness
of the authority issued under this chapter.
(3) "Bond resolution" means any resolution of the
authority, adopted under this chapter, authorizing the issuance and sale of bonds.
(4) "Higher education institution" means a private, nonprofit educational institution, the main campus of which is
permanently situated in the state, which is open to residents
of the state, which neither restricts entry on racial or religious
grounds, which provides programs of education beyond high
school leading at least to the baccalaureate degree, and which
is accredited by the Northwest Association of Schools and
Colleges or by an accrediting association recognized by the
higher education coordinating board.
(5) "Participant" means a higher education institution
which, under this chapter, undertakes the financing of a
project or projects or undertakes the refunding or refinancing
of obligations, mortgages, or advances previously incurred
for a project or projects.
(6) "Project" means any land or any improvement,
including, but not limited to, buildings, structures, fixtures,
utilities, machinery, excavations, paving, and landscaping,
and any interest in such land or improvements, and any personal property pertaining or useful to such land and improvements, which are necessary, useful, or convenient for the
operation of a higher education institution, including but not
limited to, the following: Dormitories or other multi-unit
housing facilities for students, faculty, officers, or employees; dining halls; student unions; administration buildings;
academic buildings; libraries; laboratories; research facili28B.07.020
[Title 28B RCW—page 6]
ties; computer facilities; classrooms; athletic facilities; health
care facilities; maintenance, storage, or utility facilities; parking facilities; or any combination thereof, or any other structures, facilities, or equipment so related.
(7) "Project cost" means any cost related to the acquisition, construction, improvement, alteration, or rehabilitation
by a participant or the authority of any project and the financing of the project through the authority, including, but not
limited to, the following costs paid or incurred: Costs of
acquisition of land or interests in land and any improvement;
costs of contractors, builders, laborers, material suppliers,
and suppliers of tools and equipment; costs of surety and performance bonds; fees and disbursements of architects, surveyors, engineers, feasibility consultants, accountants, attorneys, financial consultants, and other professionals; interest
on bonds issued by the authority during any period of construction; principal of and interest on interim financing of any
project; debt service reserve funds; depreciation funds, costs
of the initial start-up operation of any project; fees for title
insurance, document recording, or filing; fees of trustees and
the authority; taxes and other governmental charges levied or
assessed on any project; and any other similar costs. Except
as specifically set forth in this definition, the term "project
cost" does not include books, fuel, supplies, and similar items
which are required to be treated as a current expense under
generally accepted accounting principles.
(8) "Trust indenture" means any agreement, trust indenture, or other similar instrument by and between the authority
and one or more corporate trustees. [2007 c 218 § 86; 1985 c
370 § 47; 1983 c 169 § 2.]
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
28B.07.021
28B.07.021 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Authority" means the Washington higher education
facilities authority established pursuant to RCW 28B.07.030
or any board, body, commission, department, or officer succeeding to the principal functions of the authority or to whom
the powers conferred upon the authority shall be given by
law.
(2) "Educational loans" means:
(a) Guaranteed federal educational loans made in accordance with Title IV, Part B, of the higher education act of
1965, or its successor, to a qualified borrower for payment of
educational expenses incurred by a student while attending a
participating institution, the payment of principal of and
interest on which is insured by the United States secretary of
education under the higher education act of 1965, or its successor; and
(b) Alternative state educational loans made in accordance with this chapter to a qualified borrower as determined
by the authority for payment of educational expenses
incurred by a student while attending a participating institution under the terms and conditions determined by the authority.
(3) "Obligation," "bond," or "bonds" means bonds,
notes, commercial paper, certificates of indebtedness, or
other evidences of indebtedness of the authority issued under
(2010 Ed.)
Washington Higher Education Facilities Authority
this chapter, whether or not the interest on the obligation is
subject to federal income taxation.
(4) "Participating institution" means any post high
school educational institution, public or private, whose students are eligible for educational loans.
(5) "Qualified borrower" means a student, or the parent
of a student, who: (a) Qualifies for an educational loan; and
(b) is a resident of the state of Washington or has been
accepted for enrollment at or is attending a participating institution within the state of Washington. [2007 c 36 § 2.]
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.030 Washington higher education facilities
authority—Created —Members—Chairperson —
Records—Quorum—Compensation and travel expenses.
(1) The Washington higher education facilities authority is
hereby established as a public body corporate and politic,
with perpetual corporate succession, constituting an agency
of the state of Washington exercising essential governmental
functions. The authority is a "public body" within the meaning of RCW 39.53.010.
(2) The authority shall consist of seven members as follows: The governor, lieutenant governor, executive director
of the higher education coordinating board, and four public
members, one of whom shall be the president of a higher education institution at the time of appointment. The public
members shall be residents of the state and appointed by the
governor, subject to confirmation by the senate, on the basis
of their interest or expertise in the provision of higher education and the financing of higher education. The public members of the authority shall serve for terms of four years. The
initial terms of the public members shall be staggered in a
manner determined by the governor. In the event of a
vacancy on the authority due to death, resignation, or
removal of one of the public members, and upon the expiration of the term of any public member, the governor shall
appoint a successor for a term expiring on the fourth anniversary of the successor’s date of the appointment. If any of the
state offices are abolished, the resulting vacancy on the
authority shall be filled by the state officer who shall succeed
substantially to the power and duties of the abolished office.
Any public member of the authority may be removed by the
governor for misfeasance, malfeasance, wilful neglect of
duty, or any other cause after notice and a public hearing,
unless such notice and hearing shall be expressly waived in
writing.
(3) The governor shall serve as chairperson of the
authority. The authority shall elect annually one of its members as secretary. If the governor shall be absent from a meeting of the authority, the secretary shall preside. However, the
governor may designate an employee of the governor’s office
to act on the governor’s behalf in all other respects during the
absence of the governor at any meeting of the authority. If
the designation is in writing and is presented to the person
presiding at the meetings of the authority who is included in
the designation, the vote of the designee has the same effect
as if cast by the governor.
(4) Any person designated by resolution of the authority
shall keep a record of the proceedings of the authority and
shall be the custodian of all books, documents, and papers
28B.07.030
(2010 Ed.)
28B.07.040
filed with the authority, the minute book or a journal of the
authority, and the authority’s official seal, if any. The person
may cause copies to be made of all minutes and other records
and documents of the authority, and may give certificates to
the effect that such copies are true copies. All persons dealing with the authority may rely upon the certificates.
(5) Four members of the authority constitute a quorum.
Members participating in a meeting through the use of any
means of communication by which all members participating
can hear each other during the meeting shall be deemed to be
present in person at the meeting for all purposes. The authority may act on the basis of a motion except when authorizing
the issuance and sale of bonds, in which case the authority
shall act by resolution. Bond resolutions and other resolutions shall be adopted upon the affirmative vote of four members of the authority, and shall be signed by those members
voting yes. Motions shall be adopted upon the affirmative
vote of a majority of a quorum of members present at any
meeting of the authority. All actions taken by the authority
shall take effect immediately without need for publication or
other public notice. A vacancy in the membership of the
authority does not impair the power of the authority to act
under this chapter.
(6) The members of the authority shall be compensated
in accordance with RCW 43.03.240 and shall be entitled to
reimbursement, solely from the funds of the authority, for
travel expenses as determined by the authority incurred in the
discharge of their duties under this chapter. [2007 c 36 § 14;
1985 c 370 § 48; 1984 c 287 § 62; 1983 c 169 § 3.]
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
28B.07.040 Powers and duties. The authority is authorized and empowered to do the following, on such terms, with
such security and undertakings, subject to such conditions,
and in return for such consideration, as the authority shall
determine in its discretion to be necessary, useful, or convenient in accomplishing the purposes of this chapter:
(1) To promulgate rules in accordance with chapter
34.05 RCW;
(2) To adopt an official seal and to alter the same at pleasure;
(3) To maintain an office at any place or places as the
authority may designate;
(4) To sue and be sued in its own name, and to plead and
be impleaded;
(5) To make and execute agreements with participants
and others and all other instruments necessary, useful, or convenient for the accomplishment of the purposes of this chapter;
(6) To provide long-term or short-term financing or refinancing to participants for project costs, by way of loan,
lease, conditional sales contract, mortgage, option to purchase, or other financing or security device or any such combination;
(7) If, in order to provide to participants the financing or
refinancing of project costs described in subsection (6) of this
section, the authority deems it necessary or convenient for it
to own a project or projects or any part of a project or
projects, for any period of time, it may acquire, contract,
28B.07.040
[Title 28B RCW—page 7]
28B.07.050
Title 28B RCW: Higher Education
improve, alter, rehabilitate, repair, manage, operate, mortgage, subject to a security interest, lease, sell, or convey the
project;
(8) To fix, revise from time to time, and charge and collect from participants and others rates, rents, fees, charges,
and repayments as necessary to fully and timely reimburse
the authority for all expenses incurred by it in providing the
financing and refinancing and other services under this section and for the repayment, when due, of all the principal of,
redemption premium, if any, and interest on all bonds issued
under this chapter to provide the financing, refinancing, and
services;
(9) To accept and receive funds, grants, gifts, pledges,
guarantees, mortgages, trust deeds, and other security instruments, and property from the federal government or the state
or other public body, entity, or agency and from any public or
private institution, association, corporation, or organization,
including participants. It shall not accept or receive from the
state or any taxing agency any money derived from taxes,
except money to be devoted to the purposes of a project of the
state or of a taxing agency;
(10) To open and maintain a bank account or accounts in
one or more qualified public depositories in this state and to
deposit all or any part of authority funds therein;
(11) To employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, an executive director, and such other
employees and agents as may be necessary in its judgment to
carry out the purposes of this chapter, and to fix their compensation;
(12) To provide financing or refinancing to two or more
participants for a single project or for several projects in such
combinations as the authority deems necessary, useful, or
convenient;
(13) To charge to and equitably apportion among participants the administrative costs and expenses incurred in the
exercise of the powers and duties conferred by this chapter;
(14) To consult with the higher education coordinating
board to determine project priorities under the purposes of
this chapter; and
(15) To do all other things necessary, useful, or convenient to carry out the purposes of this chapter.
In the exercise of any of these powers, the authority shall
incur no expense or liability which shall be an obligation,
either general or special, of the state, or a general obligation
of the authority, and shall pay no expense or liability from
funds other than funds of the authority. Funds of the state
shall not be used for such purpose. [1985 c 370 § 49; 1983 c
169 § 4.]
28B.07.050 Special obligation bonds—Issuance—
Personal liability—Debt limit. (1) The authority may, from
time to time, issue its special obligation bonds in order to
carry out the purposes of this chapter and to enable the
authority to exercise any of the powers granted to it in this
chapter. The bonds shall be issued pursuant to a bond resolution or trust indenture and shall be payable solely out of the
special fund or funds created by the authority in the bond resolution or trust indenture. The special fund or funds shall be
funded in whole or in part from moneys paid by one or more
participants for whose benefit such bonds were issued and
28B.07.050
[Title 28B RCW—page 8]
from the sources, if any, described in RCW 28B.07.040(9) or
from the proceeds of bonds issued by the authority for the
purpose of refunding any outstanding bonds of the authority.
(2) The bonds may be secured by:
(a) A first lien against any unexpended proceeds of the
bonds;
(b) A first lien against moneys in the special fund or
funds created by the authority for their payment;
(c) A first or subordinate lien against the revenue and
receipts of the participant or participants which revenue is
derived in whole or in part from the project financed by the
authority;
(d) A first or subordinate security interest against any
real or personal property, tangible or intangible, of the participant or participants, including, but not limited to, the project
financed by the authority;
(e) Any other real or personal property, tangible or intangible; or
(f) Any combination of (a) through (e) of this subsection.
Any security interest created against the unexpended
bond proceeds and against the special funds created by the
authority shall be immediately valid and binding against the
moneys and any securities in which the moneys may be
invested without authority or trustee possession, and the
security interest shall be prior to any party having any competing claim against the moneys or securities, without filing
or recording under Article 9A of the Uniform Commercial
Code, Title 62A RCW, and regardless of whether the party
has notice of the security interest.
(3) The bonds may be issued as serial bonds or as term
bonds or any such combination. The bonds shall bear such
date or dates; mature at such time or times; bear interest at
such rate or rates, either fixed or variable; be payable at such
time or times; be in such denominations; be in such form,
either coupon or registered, or both; carry such registration
privileges; be made transferable, exchangeable, and interchangeable; be payable in lawful money of the United States
of America at such place or places; be subject to such terms
of redemption; and be sold at public or private sale, in such
manner, at such time, and at such price as the authority shall
determine. The bonds shall be executed by the manual or facsimile signatures of the chairperson and the authority’s dulyelected secretary or its executive director, and by the trustee
if the authority determines to use a trustee. At least one signature shall be manually subscribed. Coupon bonds shall
have attached interest coupons bearing the facsimile signatures of the chairperson and the secretary or the executive
director.
(4) Any bond resolution, trust indenture, or agreement
with a participant relating to bonds issued by the authority or
the financing or refinancing made available by the authority
may contain provisions, which may be made a part of the
contract with the holders or owners of the bonds to be issued,
pertaining to the following, among other matters: (a) The
security interests granted by the participant to secure repayment of any amounts financed and the performance by the
participant of its other obligations in the financing; (b) the
security interests granted to the holders or owners of the
bonds to secure repayment of the bonds; (c) rentals, fees, and
other amounts to be charged, and the sums to be raised in
each year through such charges, and the use, investment, and
(2010 Ed.)
Washington Higher Education Facilities Authority
disposition of the sums; (d) the segregation of reserves or
sinking funds, and the regulation, investment, and disposition
thereof; (e) limitations on the uses of the project; (f) limitations on the purposes to which, or the investments in which,
the proceeds of the sale of any issue of bonds may be applied;
(g) terms pertaining to the issuance of additional parity
bonds; (h) terms pertaining to the incurrence of parity debt;
(i) the refunding of outstanding bonds; (j) procedures, if any,
by which the terms of any contract with bondholders may be
amended or abrogated; (k) acts or failures to act which constitute a default by the participant or the authority in their
respective obligations and the rights and remedies in the
event of a default; (l) the securing of bonds by a pooling of
leases whereby the authority may assign its rights, as lessor,
and pledge rents under two or more leases with two or more
participants, as lessees; (m) terms governing performance by
the trustee of its obligation; or (n) such other additional covenants, agreements, and provisions as are deemed necessary,
useful, or convenient by the authority for the security of the
holders of the bonds.
(5) Bonds may be issued by the authority to refund other
outstanding authority bonds, at or prior to the maturity
thereof, and to pay any redemption premium with respect
thereto. Bonds issued for such refunding purposes may be
combined with bonds issued for the financing or refinancing
of new projects. Pending the application of the proceeds of
the refunding bonds to the redemption of the bonds to be
redeemed, the authority may enter into an agreement or
agreements with a corporate trustee under RCW 28B.07.080
with respect to the interim investment of the proceeds and the
application of the proceeds and the earnings on the proceeds
to the payment of the principal of and interest on, and the
redemption of the bonds to be redeemed.
(6) All bonds and any interest coupons appertaining to
the bonds shall be negotiable instruments under Title 62A
RCW.
(7) Neither the members of the authority, nor its employees or agents, nor any person executing the bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance of the
bonds.
(8) The authority may purchase its bonds with any of its
funds available for the purchase. The authority may hold,
pledge, cancel, or resell the bonds subject to and in accordance with agreements with bondholders.
(9) At no time shall the total outstanding bonded indebtedness of the authority exceed one billion dollars. [2003 c 84
§ 1; 1983 c 169 § 5.]
28B.07.060 Bonds—Special obligations—Payment—
Funds—Segregation of proceeds and moneys. Bonds
issued under this chapter shall not be deemed to constitute
obligations, either general or special, of the state or of any
political subdivision of the state, or a pledge of the faith and
credit of the state or of any political subdivision, or a general
obligation of the authority. The bonds shall be special obligations of the authority and shall be payable solely from the
special fund or funds created by the authority in the bond resolution or trust indenture pursuant to which the bonds were
issued. The fund or funds shall be funded in whole or in part
from moneys paid by one or more participants for whose ben28B.07.060
(2010 Ed.)
28B.07.080
efit the bonds were issued, from the sources, if any, under
RCW 28B.07.040(9), or from the proceeds of bonds issued
by the authority for the purpose of refunding any outstanding
bonds of the authority. The issuance of bonds under this
chapter shall not obligate, directly, indirectly, or contingently, the state or any political subdivision of the state to
levy any taxes or appropriate or expend any funds for the
payment of the principal or the interest on the bonds.
Neither the proceeds of bonds issued under this chapter,
any moneys used or to be used to pay the principal of or interest on the bonds, nor any moneys received by the authority to
defray its administrative costs shall constitute public money
or property. All of such moneys shall be kept segregated and
set apart from funds of the state and any political subdivision
of the state and shall not be subject to appropriation or allotment by the state or subject to the provisions of chapter 43.88
RCW. [1983 c 169 § 6.]
28B.07.070
28B.07.070 Agreements with participant—Participant’s payment of certain costs and expenses. In connection with any bonds issued by the authority, the authority
shall enter into agreements with participants which shall provide for the payment by each participant of amounts which
shall be sufficient, together with other revenues available to
the authority, if any, to: (1) Pay the participant’s share of the
administrative costs and expenses of the authority; (2) pay
the costs of maintaining, managing, and operating the project
or projects financed by the authority, to the extent that the
payment of the costs has not otherwise been adequately provided for; (3) pay the principal of, premium, if any, and interest on outstanding bonds of the authority issued in respect of
such project or projects as the same shall become due and
payable; and (4) create and maintain reserves required or provided for in any bond resolution or trust indenture authorizing the issuance of such bonds of the authority. The payments
shall not be subject to supervision or regulation by any
department, committee, board, body, bureau, or agency of the
state other than the authority. [1983 c 169 § 7.]
28B.07.080
28B.07.080 Moneys deemed trust funds—Agreement
or trust indenture with bank or trust company authorized. All moneys received by or on behalf of the authority
under this chapter, whether as proceeds from the sale of
bonds or from participants or from other sources shall be
deemed to be trust funds to be held and applied solely as provided in this chapter. The authority, in lieu of receiving and
applying the moneys itself, may enter into an agreement or
trust indenture with one or more banks or trust companies
having the power and authority to conduct trust business in
the state to:
(1) Perform all of any part of the obligations of the
authority with respect to: (a) Bonds issued by it; (b) the
receipt, investment, and application of the proceeds of the
bonds and moneys paid by a participant or available from
other sources for the payment of the bonds; (c) the enforcement of the obligations of a participant in connection with the
financing or refinancing of any project; and (d) other matters
relating to the exercise of the authority’s powers under this
chapter;
[Title 28B RCW—page 9]
28B.07.090
Title 28B RCW: Higher Education
(2) Receive, hold, preserve, and enforce any security
interest or evidence of security interest granted by a participant for purposes of securing the payment of the bonds; and
(3) Act on behalf of the authority or the holders or owners of bonds of the authority for purposes of assuring or
enforcing the payment of the bonds, when due. [1983 c 169
§ 8.]
28B.07.090 Holders or owners of bonds—Trustees—
Enforcement of rights—Purchase at foreclosure sale.
Any holder or owner of bonds of the authority issued under
this chapter or any holder of the coupons appertaining to the
bonds, and the trustee or trustees under any trust indenture,
except to the extent the rights given are restricted by the
authority in any bond resolution or trust indenture authorizing the bonds, may, either at law or in equity, by suit, action,
mandamus, or other proceedings, protect and enforce any of
their respective rights, and may become the purchaser at any
foreclosure sale if the person is the highest bidder. [1983 c
169 § 9.]
28B.07.090
28B.07.100 Bonds are securities—Legal investments.
The bonds of the authority are securities in which all public
officers and bodies of this state and all counties, cities,
municipal corporations, and political subdivisions, all banks,
bankers, trust companies, savings banks and institutions,
building and loan associations, savings and loan associations,
investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees,
and other fiduciaries may legally invest any sinking funds,
moneys, or other funds belonging to them or within their control. [1983 c 169 § 10.]
28B.07.100
28B.07.110 Projects or financing—Exemption from
certain restrictions on procedures for awarding contracts. A project or the financing or refinancing thereof pursuant to this chapter shall not be subject to the requirements
of any law or rule relating to competitive bidding, lease performance bonds, or other restrictions imposed on the procedure for award of contracts. [1983 c 169 § 11.]
28B.07.110
28B.07.120 Bond counsel—Selection. (1) The authority shall adopt written policies to provide for the selection of
bond counsel. The policies shall provide for the creation and
maintenance of a roster of attorneys whom the authority
believes possess the requisite special expertise and professional standing to provide bond counsel opinions which
would be accepted by the underwriters, bondholders and
other members of the financial community, and which would
be in furtherance of the public interest in obtaining the lowest
possible interest rates on the bonds issued by the authority.
Any attorney may apply to have his or her name placed on the
roster, but may not be placed on the roster unless the attorney
demonstrates to the authority’s satisfaction that the attorney
would issue the kind of opinions required by this section.
(2) Prior to selecting an attorney or attorneys to provide
bond counsel services, the authority shall provide all attorneys on the roster with a notice of its intentions to select bond
counsel and shall invite each of them to submit to the authority his or her fee schedule for providing bond counsel ser28B.07.120
[Title 28B RCW—page 10]
vices. The authority shall have wide discretion in selecting
the attorney or attorneys it considers to be most appropriate to
provide the services, but in the exercise of this discretion the
authority shall consider all submitted fee schedules and the
public interest in achieving issuance of bonds on terms most
favorable to the authority. At least once every two calendar
years, the authority shall select anew an attorney or attorneys
to serve as bond counsel. However, the authority may retain
an attorney for longer than two years when necessary to complete work on a particular bond issue. An attorney previously
retained may be selected again but only after the authority has
provided other attorneys on the roster with an opportunity to
be selected and has made the fee schedule review required
under this subsection. As an alternative to retaining counsel
for a period of time, the authority may appoint an attorney to
serve as counsel in respect to only a particular bond issue or
issues. [1983 c 169 § 13.]
28B.07.130 Underwriters—Selection. (1) The authority shall adopt written policies to provide for the selection of
underwriters. The policies shall provide for the creation of a
roster of underwriters who the authority believes possess the
requisite special expertise and professional standing to provide bond marketing services which would be accepted by
bondholders and other members of the financial community,
and which would be in furtherance of the public interest in
marketing the authority’s bonds at the lowest possible costs.
Any underwriter may apply to have its name placed on the
roster, but may not be placed on the roster unless it demonstrates to the authority’s satisfaction that it meets the requirements of this section.
(2) Whenever the authority decides that it needs the services of an underwriter, it shall provide all underwriters on
the roster with a notice of its intentions and shall invite each
of them to submit to the authority an itemization of its fees
and other charges for providing underwriting services on the
issue. The itemization shall be by categories designed by the
authority. The authority shall have wide discretion in selecting the underwriter it considers to be most appropriate to provide the services, but in the exercise of this discretion the
authority shall consider the underwriter’s fees and other
charges and the public interest in achieving issuance of bonds
on terms most favorable to the authority. The authority may
adopt rules setting forth conditions under which an institution
of higher education may be permitted to exercise the notice
and selection procedures set forth in this subsection. These
rules shall require the institution to comply with the provisions of this subsection as if it were the authority and to
obtain the authority’s prior approval of the selection of an
underwriter. [1983 c 169 § 14.]
28B.07.130
STUDENT LOAN FINANCING
28B.07.300 Student loan financing—Authority—
Liability. (1) In addition to its existing powers, the authority
has the following powers with respect to student loan financing:
(a) To originate and purchase educational loans;
(b) To issue revenue bonds payable from and secured by
educational loans;
28B.07.300
(2010 Ed.)
Washington Higher Education Facilities Authority
(c) To execute financing documents in connection with
such educational loans and bonds;
(d) To adopt rules in accordance with chapter 34.05
RCW;
(e) To participate fully in federal programs that provide
guaranties for the repayment of educational loans and do all
things necessary, useful, or convenient to make such programs available in the state and carry out the purposes of this
chapter;
(f) To contract with an agency, financial institution, or
corporation, whether organized under the laws of this state or
otherwise, whereby such agency, financial institution, or corporation shall provide billing, accounting, reporting, or
administrative services required for educational loan programs administered by the authority or in which the authority
participates; and
(g) To form one or more nonprofit special purpose corporations for accomplishing the purposes set forth in this
chapter. The authority may contract with any such nonprofit
corporation, as set forth in (f) of this subsection.
(2) In the exercise of any of these powers, the authority
shall incur no expense or liability that shall be an obligation,
either general or special, of the state, and shall pay no
expense or liability from funds other than funds of the authority. Funds of the state may not be used for such purpose
unless appropriated for such purpose. [2007 c 36 § 3.]
Policy—Purpose—2007 c 36: "It is the public policy of the state and a
recognized governmental function to facilitate student loan financing and
thereby increase access to higher education for Washington’s citizens. The
purpose of this act is to bring to the citizens of the state the applicable advantages of federal tax law and federal loan guaranties and to authorize the
Washington higher education facilities authority to originate and acquire
educational loans and to issue nonrecourse revenue bonds to be paid from
such loans." [2007 c 36 § 1.]
28B.07.310 Administration of alternative state educational loans. The authority, in addition to administering
federal loan programs, may administer an alternative state
educational loan program that may include the purchase or
origination of alternative state educational loans with terms
as determined by the authority. These loans are not guaranteed by the state and the proceeds from loan repayment
including interest or other loan-related payments or authority
or contractor revenue may be used by the authority to make
any required payments to bondholders. [2007 c 36 § 4.]
28B.07.310
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.320 Revenue bonds—Issuance—Payment—
Personal liability. (1) The authority may, from time to time,
issue revenue bonds in order to carry out the purposes of this
chapter.
(2) The bonds shall be issued pursuant to a bond resolution or trust indenture and shall be payable solely out of the
special fund or funds created by the authority in the bond resolution or trust indenture. Any security interest created
against the unexpended bond proceeds and against the special
funds created by the authority shall be immediately valid and
binding against the moneys and any securities in which the
moneys may be invested without authority or trustee possession, and the security interest shall be prior to any party having any competing claim against the moneys or securities,
without filing or recording under Article 62A.9A of the uni28B.07.320
(2010 Ed.)
28B.07.320
form commercial code, and regardless of whether the party
has notice of the security interest.
(3) The obligations shall be payable from and secured by
a pledge of revenues derived from or by reason of ownership
of guaranteed educational loans and investment income, after
deduction of expenses of operating the authority’s program.
(4) The bonds may be issued as serial bonds or as term
bonds or any such combination. The bonds shall bear such
date or dates; mature at such time or times; bear interest at
such rate or rates, either fixed or variable; be payable at such
time or times; be in such denominations; be in such form;
carry such registration privileges; be made transferable,
exchangeable, and interchangeable; be payable in lawful
money of the United States of America at such place or
places; be subject to such terms of redemption; and be sold at
public or private sale, in such manner, at such time, and at
such price as the authority shall determine. The bonds shall
be executed by the manual or facsimile signatures of the
chairperson and the authority’s duly elected secretary or its
executive director, and by the trustee if the authority determines to use a trustee. At least one signature shall be manually subscribed.
(5) Any bond resolution, trust indenture, or other financing document may contain provisions, which may be made a
part of the contract with the holders or owners of the bonds to
be issued, pertaining to the following, among other matters:
(a) The security interests granted to the holders or owners of
the bonds to secure repayment of the bonds; (b) the segregation of reserves or sinking funds, and the regulation, investment, and disposition thereof; (c) limitations on the purposes
to which, or the investments in which, the proceeds of the
sale of any issue of bonds may be applied; (d) terms pertaining to the issuance of additional parity bonds; (e) the refunding of outstanding bonds; (f) procedures, if any, by which the
terms of any contract with bondholders may be amended or
abrogated; (g) events of default as well as rights and remedies
in the event of a default including without limitation the right
to declare all principal and interest immediately due and payable; (h) terms governing performance by the trustee of its
obligation; or (i) such other additional covenants, agreements, and provisions as are deemed necessary, useful, or
convenient by the authority for the security of the holders of
the bonds.
(6) All bonds and any interest coupons appertaining to
the bonds shall be negotiable instruments under Title 62A
RCW.
(7) Neither the members of the authority, nor its employees or agents, nor any person executing the bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance of the
bonds.
(8) The authority may purchase its bonds with any of its
funds available for the purchase. The authority may hold,
pledge, cancel, or resell the bonds subject to and in accordance with agreements with bondholders.
(9) Bonds issued under this chapter shall not be deemed
to constitute obligations, either general or special, of the state
or of any political subdivision of the state, or a pledge of the
faith and credit of the state or of any political subdivision, or
a general obligation of the authority. The bonds shall be special obligations of the authority and shall be payable solely
[Title 28B RCW—page 11]
28B.07.330
Title 28B RCW: Higher Education
from the special fund or funds created by the authority in the
bond resolution or trust indenture pursuant to which the
bonds were issued. The issuance of bonds under this chapter
shall not obligate, directly, indirectly, or contingently, the
state or any political subdivision of the state to levy any taxes
or appropriate or expend any funds for the payment of the
principal or the interest on the bonds.
(10) Neither the proceeds of bonds issued under this
chapter, any moneys used or to be used to pay the principal of
or interest on the bonds, nor any moneys received by the
authority to defray its administrative costs shall constitute
public money or property. All of such moneys shall be kept
segregated and set apart from funds of the state and any political subdivision of the state and shall not be subject to appropriation or allotment by the state or subject to the provisions
of chapter 43.88 RCW. [2007 c 36 § 5.]
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.330 Revenue refunding bonds. Bonds may be
issued by the authority to refund other outstanding bonds
issued pursuant to this chapter, at or prior to the maturity
thereof, and to pay any redemption premium with respect
thereto. Bonds issued for such refunding purposes may be
combined with bonds issued for the origination or purchase
of educational loans. Pending the application of the proceeds
of the refunding bonds to the redemption of the bonds to be
redeemed, the authority may enter into an agreement or
agreements with a corporate trustee with respect to the
interim investment of the proceeds and the application of the
proceeds and the earnings on the proceeds to the payment of
the principal of and interest on, and the redemption of the
bonds to be redeemed. [2007 c 36 § 6.]
28B.07.330
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.340 Trust funds—Trust agreements. All
moneys received by or on behalf of the authority under this
chapter, whether as proceeds from the sale of bonds or from
other sources shall be deemed to be trust funds to be held and
applied solely as provided in this chapter. The authority, in
lieu of receiving and applying the moneys itself, may enter
into an agreement or trust indenture with one or more banks
or trust companies having the power and authority to conduct
trust business in the state to:
(1) Perform all or any part of the obligations of the
authority with respect to: (a) Bonds issued by it; (b) the
receipt, investment, and application of the proceeds of the
bonds and moneys available for the payment of the bonds;
and (c) other matters relating to the exercise of the authority’s
powers under this chapter;
(2) Receive, hold, preserve, and enforce any security
interest or evidence of security interest granted by a participant for purposes of securing the payment of the bonds; and
(3) Act on behalf of the authority or the holders or owners of bonds of the authority for purposes of assuring or
enforcing the payment of the bonds, when due. [2007 c 36 §
7.]
28B.07.340
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.350 Proceeds fund. (1) All proceeds derived
from a particular bond under the provisions of this chapter
28B.07.350
[Title 28B RCW—page 12]
shall be deposited in a fund to be known as the proceeds fund,
which shall be maintained in such bank or banks as shall be
determined by the authority. Proceeds deposited in the fund
shall be expended only on approval of the authority.
(2) A separate proceeds fund shall be maintained for
each series of bonds issued by the authority.
(3) Funds credited to a proceeds fund may be used for
any or all of the following purposes:
(a) The payment of the necessary expenses, including,
without limitation, the costs of issuing the authority’s bonds,
incurred by the authority in carrying out its responsibilities
under RCW 28B.07.021, 28B.07.300 through 28B.07.380,
28B.07.925, 28B.07.927, and 28B.07.030;
(b) The establishment of a debt service reserve account
to secure the payment of bonds;
(c) The making of educational loans to qualified borrowers;
(d) The purchase, either directly or acting through a bank
with trust powers for its account, of educational loans; and
(e) The acquisition of an investment contract or contracts
or any other investments permitted under an indenture of the
authority securing its bonds. The income from the contract,
contracts, or investments, after payment of the bonds and all
expenses associated therewith, shall be used by the authority
to assist in carrying out its purposes under this chapter. [2007
c 36 § 8.]
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.360 Default. The proceedings authorizing any
revenue obligations under this chapter or any financing document securing the revenue bonds may provide that if there is
a default in the payment of the principal of or the interest on
the bonds or in the performance of any agreement contained
in the proceedings or financing document, the payment and
performance may be enforced by mandamus or by the
appointment of a receiver in equity with power to collect revenues in accordance with the proceedings or provisions of the
financing document. [2007 c 36 § 9.]
28B.07.360
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.370 Debt limitation. Bonds issued by the
authority under this chapter shall not be subject to the debt
limitation set forth in RCW 28B.07.050(9). [2007 c 36 § 11.]
28B.07.370
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
28B.07.380 Sale of assets. The authority is authorized
to offer for sale from time to time loan portfolios or other
assets accumulated by the authority. Sales shall be conducted
in a competitive manner and shall be approved by the authority board. [2007 c 36 § 12.]
28B.07.380
Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
CONSTRUCTION
28B.07.900 Chapter supplemental—Application of
other laws. This chapter provides a complete, additional,
and alternative method for accomplishing the purposes of this
chapter and shall be regarded as supplemental and additional
to powers conferred by other laws. The issuance of bonds and
refunding bonds under this chapter need not comply with the
28B.07.900
(2010 Ed.)
Colleges and Universities Generally
requirements of any other law applicable to the issuance of
bonds. [1983 c 169 § 15.]
28B.07.910 Construction—1983 c 169. This chapter,
being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. Insofar as the provisions of this chapter are inconsistent with the
provisions of any general or special law, or parts thereof, the
provisions of this chapter shall be controlling. [1983 c 169 §
16.]
28B.07.910
28B.07.920 Severability—1983 c 169. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 169 § 17.]
28B.07.920
28B.07.925 Chapter supplemental—Application of
other laws. This chapter shall be regarded as supplemental
and additional to the powers conferred on the authority by
other laws. The issuance of bonds and refunding bonds under
this chapter need not comply with requirements of any other
laws applicable to the issuance of bonds. [2007 c 36 § 13.]
28B.07.925
28B.07.926 Construction—2007 c 36. This act, being
necessary for the welfare of the state and its inhabitants, shall
be liberally construed to effect the purposes thereof. [2007 c
36 § 15.]
28B.07.926
28B.07.927 Conflict with federal requirements—
2007 c 36. If any part of this act is found to be in conflict with
federal requirements under the higher education act of 1965,
the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict and with respect to the
agencies directly affected, and such finding or determination
shall not affect the operation of the remainder of this act in its
application to the agencies concerned. The rules under this
act shall meet federal requirements that are a necessary condition for participation of a state agency under the higher education act of 1965, or its successor. [2007 c 36 § 10.]
28B.07.927
28B.07.928 Captions not law—2007 c 36. Captions
used in this act are not any part of the law. [2007 c 36 § 16.]
28B.07.928
28B.07.929 Severability—2007 c 36. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2007 c 36 § 17.]
28B.07.929
Chapter 28B.10 RCW
COLLEGES AND UNIVERSITIES GENERALLY
Chapter 28B.10
Sections
28B.10.016
28B.10.017
28B.10.020
28B.10.022
28B.10.023
(2010 Ed.)
Definitions.
"Eligible student" defined.
Acquisition of property by universities and The Evergreen
State College.
Authority to enter into financing contracts—Notice.
Contracts subject to requirements established under office of
minority and women’s business enterprises.
Chapter 28B.10
28B.10.024
Awards of procurement contracts to veteran-owned businesses.
28B.10.025 Purchases of works of art—Procedure.
28B.10.027 Allocation of moneys for acquisition of works of art—
Expenditure by arts commission—Conditions.
28B.10.029 Property purchase and disposition—Independent printing
production and purchasing authority—Purchase of correctional industries products.
28B.10.030 Display of United States flag.
28B.10.031 Check cashing privileges.
28B.10.032 Public and private institutions offering teacher preparation
programs—Exploration of methods to enhance awareness
of teacher preparation programs.
28B.10.040 Higher educational institutions to be nonsectarian.
28B.10.042 Personal identifiers—Use of social security numbers prohibited.
28B.10.0421 Personal identifiers—Funding.
28B.10.050 Entrance requirements exceeding minimum requirements.
28B.10.055 Credits—Statewide transfer policy and agreement—Establishment.
28B.10.056 State enrollment and degree priority—Science and technology fields—Report to the legislature.
28B.10.100 "Major line" defined.
28B.10.105 Courses exclusive to the University of Washington.
28B.10.106 Courses exclusive to Washington State University.
28B.10.115 Major lines common to University of Washington and Washington State University.
28B.10.120 Graduate work.
28B.10.125 Technology literacy—Reports.
28B.10.140 Teachers’ training courses.
28B.10.170 College and university fees.
28B.10.270 Rights of Washington national guard and other military
reserve students called to active service.
28B.10.280 Student loans—Federal student aid programs.
28B.10.281 Student loans—Certain activities may make student ineligible for aid.
28B.10.284 Uniform minor student capacity to borrow act.
28B.10.293 Additional charges authorized in collection of debts—Public
and private institutions of higher education.
28B.10.295 Educational materials on abuses of, and illnesses consequent
from, alcohol.
28B.10.300 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Authorized.
28B.10.305 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Use of lands, buildings, and facilities.
28B.10.310 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Bonds—Sale, interest, form, payment,
term, execution, negotiability, etc.
28B.10.315 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Funding, refunding bonds.
28B.10.320 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Authority to be liberally construed—
Future acquisitions and installations may be pledged for
payment.
28B.10.325 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Rate of interest on obligations.
28B.10.330 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College—Nonliability of state.
28B.10.335 Validation of prior bond issues.
28B.10.350 Construction work, remodeling, or demolition—Public bid—
Exemption—Waiver—Prevailing rate of wage—Universities and The Evergreen State College.
28B.10.354 High-performance public buildings requirements.
28B.10.360 Educational and career opportunities in the military, student
access to information on, when.
28B.10.400 Annuities and retirement income plans—Authorized.
28B.10.401 Assumptions to be applied when establishing supplemental
payment under RCW 28B.10.400(3).
28B.10.405 Annuities and retirement income plans—Contributions by
faculty and employees.
28B.10.407 Annuities and retirement income plans—Credit for authorized leaves of absence without pay.
28B.10.409 Annuities and retirement income plans—Membership while
serving as state legislator.
28B.10.410 Annuities and retirement income plans—Limitation on institution’s contribution.
[Title 28B RCW—page 13]
Chapter 28B.10
28B.10.415
Title 28B RCW: Higher Education
Annuities and retirement income plans—Limitation on annuity or retirement income plan payment.
28B.10.417 Annuities and retirement income plans—Rights and duties of
faculty or employees with Washington state teachers’
retirement system credit—Regional universities and The
Evergreen State College.
28B.10.420 Annuities and retirement income plans—Retirement at age
seventy—Reemployment, conditions when.
28B.10.423 Annuities and retirement income plans—Limit on retirement
income—Adjustment of rates.
28B.10.425 Additional pension for certain retired university faculty
members or employees.
28B.10.430 Annuities and retirement income plans—Minimum monthly
benefit—Computation.
28B.10.431 Annuities and retirement income plans—Monthly benefit—
Post-retirement adjustment—Computation.
28B.10.480 Tax deferred annuities for employees.
28B.10.485 Charitable gift annuities, issuance of by universities and The
Evergreen State College—Scope.
28B.10.487 Charitable gift annuities, issuance of by universities and The
Evergreen State College—Obligation as to annuity payments.
28B.10.500 Removal of regents or trustees from universities and The
Evergreen State College.
28B.10.510 Attorney general as advisor.
28B.10.520 Regents and trustees—Oaths.
28B.10.525 Regents and trustees—Travel expenses.
28B.10.528 Delegation of powers and duties by governing boards.
28B.10.550 Police forces for universities and The Evergreen State College—Authorized.
28B.10.555 Police forces for universities and The Evergreen State College—Powers.
28B.10.560 Police forces for universities and The Evergreen State College—Establishment of traffic regulations—Adjudication
of parking infractions—Appeal.
28B.10.567 Police forces for universities and The Evergreen State College—Benefits for duty-related death, disability or injury.
28B.10.569 Crime statistics reporting—Campus safety plans—Memoranda of understanding and mutual aid agreements—Task
forces—Contact information.
28B.10.5691 Campus safety—Institutional assessments—Updates—
Reports.
28B.10.570 Interfering by force or violence with any administrator, faculty member or student unlawful—Penalty.
28B.10.571 Intimidating any administrator, faculty member or student by
threat of force or violence unlawful—Penalty.
28B.10.572 Certain unlawful acts—Disciplinary authority exception.
28B.10.575 Student housing—Liquor prohibited, areas—Complaints
regarding liquor and illegal drug use—Policies, procedures, sanctions.
28B.10.580 Term papers, theses, dissertations, sale of prohibited—Legislative findings—Purpose.
28B.10.582 Term papers, theses, dissertations, sale of prohibited—Definitions.
28B.10.584 Term papers, theses, dissertations, sale of prohibited—Violations enumerated—Exempted acts—Civil penalties—
Injunctive relief.
28B.10.590 Course materials—Cost savings.
28B.10.592 College textbook information—Publishers’ duties.
28B.10.600 District schools may be used for teacher training by universities and The Evergreen State College—Authority.
28B.10.605 District schools may be used for teacher training by universities and The Evergreen State College—Agreement for
financing, organization, etc.
28B.10.618 Credit card marketing policies.
28B.10.620 Agreements for research work by private nonprofit corporations at universities—Authority.
28B.10.625 Agreements for research work by private nonprofit corporations at universities—Funds may be expended in cooperative effort.
28B.10.630 Commercialization of research and other economic development and workforce development opportunities.
28B.10.631 Bridge-funding programs—Establishment and administration.
28B.10.640 Student associations to contract for certain purchases, concessions, printing, etc.—Procedure.
28B.10.648 Employees—Peer review committees—Members’ immunity—Proceedings—Statement of reasons—Legal representation of members.
28B.10.650 Remunerated professional leaves for faculty members of
institutions of higher education.
28B.10.660 Insurance or protection—Premiums—Health benefits for
graduate student appointees—Students participating in
studies or research outside the United States.
[Title 28B RCW—page 14]
28B.10.665
28B.10.679
28B.10.680
28B.10.682
28B.10.685
28B.10.690
28B.10.691
28B.10.693
28B.10.695
28B.10.700
28B.10.703
28B.10.704
28B.10.710
28B.10.730
28B.10.776
28B.10.778
28B.10.780
28B.10.782
28B.10.784
28B.10.786
28B.10.790
28B.10.792
28B.10.825
28B.10.840
28B.10.842
28B.10.844
28B.10.850
28B.10.851
28B.10.852
28B.10.853
28B.10.854
28B.10.855
28B.10.878
28B.10.890
28B.10.900
28B.10.901
28B.10.902
28B.10.903
28B.10.910
28B.10.912
28B.10.914
28B.10.916
28B.10.918
28B.10.920
28B.10.921
28B.10.922
28B.10.923
28B.10.980
Liability insurance for officers and employees authorized.
Washington mathematics placement test—Mathematics college readiness test.
Precollege course work—Findings—Intent.
Precollege course work—Adoption of definitions.
Precollege course work—Enrollment information—Report.
Graduation rate improvement—Findings.
Graduation rate improvement—Strategic plans—Adoption
of strategies.
Graduation rate improvement—Student progression understandings.
Timely completion of degree and certificate programs—
Adoption of policies.
Physical education in curriculum.
Programs for intercollegiate athletic competition—Authorized.
Funds for assistance of student participants in intercollegiate
activities or activities relating to performing arts.
Washington state or Pacific Northwest history in curriculum.
AIDS information—Four-year institutions.
Budget calculation—Enrollment levels—Participation rate.
Budget calculation—New enrollments—Funding level—
Inflation factor.
Budget calculation—Funding level.
Budget calculation—Increased enrollment target level—
Availability of information.
Budget calculation—Participation rate and enrollment level
estimates—Recommendations to governor and legislature.
Budget calculation—Student financial aid programs.
State student financial aid program—Certain residents
attending college or university in another state, applicability to—Authorization.
State student financial aid program—Certain residents
attending college or university in another state, applicability to—Guidelines.
Institutional student loan fund for needy students.
Definitions for purposes of RCW 28B.10.840 through
28B.10.844.
Actions against regents, trustees, officers, employees, or
agents of institutions of higher education or educational
boards—Defense—Costs—Payment of obligations from
liability account.
Regents, trustees, officers, employees or agents of institutions of higher education or educational boards, insurance
to protect and hold personally harmless.
Capital improvements, bonds for—Authorized—Form,
terms, conditions, sale, signatures.
Capital improvements, bonds for—Account created, purpose.
Capital improvements, bonds for—Bond anticipation notes,
purpose.
Capital improvements, bonds for—Bond redemption fund
created, purpose—Compelling transfer of funds to.
Capital improvements, bonds for—Legislature may provide
additional means of revenue.
Capital improvements, bonds for—As legal investment for
state and municipal funds.
G. Robert Ross distinguished faculty award.
Collegiate license plate fund—Scholarships.
"Hazing" defined.
Hazing prohibited—Penalty.
Participating in or permitting hazing—Loss of state-funded
grants or awards—Loss of official recognition or control—Rules.
Conduct associated with initiation into group or pastime or
amusement with group—Sanctions adopted by rule.
Students with disabilities—Core services.
Students with disabilities—Core services described—Notice
of nondiscrimination.
Students with disabilities—Accommodation.
Supplemental instructional materials for students with print
access disability.
Disability history month—Activities.
Performance agreements—Generally.
Performance agreements—Contents.
Performance agreements—State committee—Development
of final proposals—Implementation—Updates.
Online learning technologies—Common learning management system for institutions of higher education.
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
AIDS information: Chapter 70.24 RCW.
Alcohol, pure ethyl, purchase of: RCW 66.16.010.
(2010 Ed.)
Colleges and Universities Generally
Boxing, kickboxing, martial arts, and wrestling events
exemptions for: RCW 67.08.015.
physical examination of contestants, urinalysis: RCW 67.08.090.
Business colleges, excise tax: RCW 82.04.170.
College in the high school program—Rules: RCW 28A.600.290.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Common schools, joint programs with for highly capable students: RCW
28A.185.030.
Determination of lands purchased or leased by institutions of higher education are used as school sites—Reversion, when: RCW 79.17.140.
Discrimination to deny public accommodations because of race, color, or
creed, penalty: RCW 9.91.010.
Dual credit programs—Annual report: RCW 28A.600.280.
Enrollment forecasts: RCW 43.62.050.
Eye protection, public and private educational institutions: RCW
70.100.010 through 70.100.040.
Gender equity—Goals: RCW 28B.15.455.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Incorporation
articles of incorporation: RCW 24.03.025.
dissolution: RCW 24.03.220, 24.03.250.
filing articles of consolidation: RCW 24.03.200.
filing fees: RCW 24.03.405.
merger and consolidation
articles of incorporation upon consolidation: RCW 24.03.200.
authorized: RCW 24.03.195.
effect: RCW 24.03.210.
effective, when: RCW 24.03.205.
filing fee: RCW 24.03.405.
joint agreement: RCW 24.03.195.
liabilities and obligations upon: RCW 24.03.210 through 24.03.230.
property status upon: RCW 24.03.210 through 24.03.230.
when becomes effective: RCW 24.03.205.
powers: RCW 24.03.035.
Information and research services of colleges and universities, authority for
school districts to obtain: RCW 28A.320.110.
Institutions of higher education, purchase of leased lands with improvements
by: RCW 79.17.110 through 79.17.130.
Normal schools included in public school system: State Constitution Art. 9
§ 2.
Purchase of materials and supplies
compliance with regulations as to required: RCW 43.19.200.
general administration department powers as to: RCW 43.19.190.
28B.10.022
(5) "Governing board" means the board of regents or the
board of trustees of the institutions of higher education.
[1992 c 231 § 1; 1991 c 238 § 113; 1977 ex.s. c 169 § 1.]
Additional notes found at www.leg.wa.gov
28B.10.017 "Eligible student" defined. "Eligible student" means a student who (1) was enrolled in a Washington
college, university, community college, or vocational-technical institute on or after August 2, 1990, and (2) is unable to
complete the period of enrollment or academic term in which
the student was enrolled because the student was deployed
either in the Persian Gulf combat zone, as designated by the
president of the United States by executive order, or in
another location in support of the Persian Gulf combat zone.
An eligible student is required to verify his or her inability to
complete an academic term through military service records,
movement orders, or a certified letter signed by the student’s
installation personnel officer. [1991 c 164 § 1.]
28B.10.017
28B.10.020 Acquisition of property by universities
and The Evergreen State College. The boards of regents of
the University of Washington and Washington State University, respectively, and the boards of trustees of Central Washington University, Eastern Washington University, Western
Washington University, and The Evergreen State College,
respectively, shall have the power and authority to acquire by
exchange, gift, purchase, lease, or condemnation in the manner provided by chapter 8.04 RCW for condemnation of
property for public use, such lands, real estate and other property, and interests therein as they may deem necessary for the
use of said institutions respectively. However, the purchase
or lease of major off-campus facilities is subject to the
approval of the higher education coordinating board under
RCW 28B.76.230. [2004 c 275 § 47; 1985 c 370 § 50; 1977
ex.s. c 169 § 7; 1969 ex.s. c 223 § 28B.10.020. Prior: 1967
c 47 § 16; 1947 c 104 § 1; Rem. Supp. 1947 § 4623-20. Formerly RCW 28.76.020.]
28B.10.020
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
Sale of alcohol to, special price: RCW 66.16.010.
State work-study program: Chapter 28B.12 RCW.
Stills, license for laboratory: RCW 66.24.140.
Students, residence for election purposes not lost by: State Constitution Art.
6 § 4, RCW 29A.04.151(3).
Vacation leave for personnel: RCW 43.01.042.
Western regional higher education compact: Chapter 28B.70 RCW.
28B.10.016 Definitions. For the purposes of this title:
(1) "State universities" means the University of Washington and Washington State University.
(2) "Regional universities" means Western Washington
University at Bellingham, Central Washington University at
Ellensburg, and Eastern Washington University at Cheney.
(3) "State college" means The Evergreen State College
in Thurston county.
(4) "Institutions of higher education" or "postsecondary
institutions" means the state universities, the regional universities, The Evergreen State College, the community colleges,
and the technical colleges.
28B.10.016
(2010 Ed.)
28B.10.022 Authority to enter into financing contracts—Notice. (1) The boards of regents of the state universities and the boards of trustees of the regional universities,
The Evergreen State College, and the state board for community and technical colleges, are severally authorized to enter
into financing contracts as provided in chapter 39.94 RCW.
Except as provided in subsection (2) of this section, financing
contracts shall be subject to the approval of the state finance
committee.
(2) The board of regents of a state university may enter
into financing contracts which are payable solely from and
secured by all or any component of the fees and revenues of
the university derived from its ownership and operation of its
facilities not subject to appropriation by the legislature and
not constituting "general state revenues," as defined in Article VIII, section 1 of the state Constitution, without the prior
approval of the state finance committee.
(3) Except for financing contracts for facilities or equipment described under chapter 28B.140 RCW, the board of
28B.10.022
[Title 28B RCW—page 15]
28B.10.023
Title 28B RCW: Higher Education
regents shall notify the state finance committee at least sixty
days prior to entering into such contract and provide information relating to such contract as requested by the state finance
committee. [2003 c 6 § 1; 2002 c 151 § 5; 1989 c 356 § 6.]
28B.10.023 Contracts subject to requirements established under office of minority and women’s business
enterprises. All contracts entered into under this chapter by
institutions of higher education on or after September 1,
1983, are subject to the requirements established under chapter 39.19 RCW. [1983 c 120 § 10.]
28B.10.023
Additional notes found at www.leg.wa.gov
28B.10.024 Awards of procurement contracts to veteran-owned businesses. All procurement contracts entered
into under this chapter on or after June 10, 2010, are subject
to the requirements established under RCW 43.60A.200.
[2010 c 5 § 7.]
ing or structure of institutions of higher education, part of a
portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities.
In addition to the cost of the works of art, the one-half of
one percent of the appropriation shall be used to provide for
the administration of the visual arts program, including conservation of the state art collection, by the Washington state
arts commission and all costs for installation of the work of
art. For the purpose of this section building shall not include
sheds, warehouses, and other buildings of a temporary nature.
[2005 c 36 § 3; 1983 c 204 § 9.]
Additional notes found at www.leg.wa.gov
28B.10.024
Purpose—Construction—2010 c 5: See notes following RCW
43.60A.010.
28B.10.025 Purchases of works of art—Procedure.
The Washington state arts commission shall, in consultation
with the boards of regents of the University of Washington
and Washington State University and with the boards of
trustees of the regional universities, The Evergreen State College, and the community college districts, determine the
amount to be made available for the purchases of art under
RCW 28B.10.027, and payment therefor shall be made in
accordance with law. The designation of projects and sites,
the selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall
be the responsibility of the Washington state arts commission
in consultation with the board of regents or trustees. [2005 c
36 § 2; 1990 c 33 § 557; 1983 c 204 § 8; 1977 ex.s. c 169 § 8;
1974 ex.s. c 176 § 4.]
28B.10.025
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Acquisition of works of art for public buildings and lands—Visual arts program established: RCW 43.46.090.
Allocation of moneys for acquisition of works of art—Expenditure by arts
commission—Conditions: RCW 43.17.200.
Purchase of works of art—Interagency reimbursement for expenditure by
visual arts program: RCW 43.17.205.
State art collection: RCW 43.46.095.
Additional notes found at www.leg.wa.gov
28B.10.027 Allocation of moneys for acquisition of
works of art—Expenditure by arts commission—Conditions. All universities and colleges shall allocate as a nondeductible item, out of any moneys appropriated for the original
construction or any major renovation or remodel work
exceeding two hundred thousand dollars of any building, an
amount of one-half of one percent of the appropriation to be
expended by the Washington state arts commission with the
approval of the board of regents or trustees for the acquisition
of works of art. The works of art may be placed on public
lands of institutions of higher education, integral to or
attached to a public building or structure of institutions of
higher education, detached within or outside a public build28B.10.027
[Title 28B RCW—page 16]
28B.10.029
28B.10.029 Property purchase and disposition—
Independent printing production and purchasing authority—Purchase of correctional industries products. (1)(a)
An institution of higher education may exercise independently those powers otherwise granted to the director of general administration in chapter 43.19 RCW in connection with
the purchase and disposition of all material, supplies, services, and equipment needed for the support, maintenance,
and use of the respective institution of higher education.
(b) Property disposition policies followed by institutions
of higher education shall be consistent with policies followed
by the department of general administration.
(c) Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and RCW 43.19.1901,
43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937, 43.19.534,
43.19.685, 43.19.700 through 43.19.704, and 43.19.560
through 43.19.637.
(d) Purchases under chapter 39.29, 43.19, or 43.105
RCW by institutions of higher education may be made by
using contracts for materials, supplies, services, or equipment
negotiated or entered into by, for, or through group purchasing organizations.
(e) The community and technical colleges shall comply
with RCW 43.19.450.
(f) Except for the University of Washington, institutions
of higher education shall comply with RCW 43.41.310,
43.41.290, and 43.41.350.
(g) If an institution of higher education can satisfactorily
demonstrate to the director of the office of financial management that the cost of compliance is greater than the value of
benefits from any of the following statutes, then it shall be
exempt from them: RCW 43.19.685, 43.19.534, and
43.19.637.
(h) Any institution of higher education that chooses to
exercise independent purchasing authority for a commodity
or group of commodities shall notify the director of general
administration. Thereafter the director of general administration shall not be required to provide those services for that
institution for the duration of the general administration contract term for that commodity or group of commodities.
(2) The council of presidents and the state board for
community and technical colleges shall convene its correctional industries business development advisory committee,
and work collaboratively with correctional industries, to:
(2010 Ed.)
Colleges and Universities Generally
(a) Reaffirm purchasing criteria and ensure that quality,
service, and timely delivery result in the best value for expenditure of state dollars;
(b) Update the approved list of correctional industries
products from which higher education shall purchase; and
(c) Develop recommendations on ways to continue to
build correctional industries’ business with institutions of
higher education.
(3) Higher education and correctional industries shall
develop a plan to build higher education business with correctional industries to increase higher education purchases of
correctional industries products, based upon the criteria
established in subsection (2) of this section. The plan shall
include the correctional industries’ production and sales
goals for higher education and an approved list of products
from which higher education institutions shall purchase,
based on the criteria established in subsection (2) of this section. Higher education and correctional industries shall
report to the legislature regarding the plan and its implementation no later than January 30, 2005.
(4) Institutions of higher education shall set as a target to
contract, beginning not later than June 30, 2006, to purchase
one percent of the total goods and services required by the
institutions each year produced or provided in whole or in
part from class II inmate work programs operated by the
department of corrections. Institutions of higher education
shall set as a target to contract, beginning not later than June
30, 2008, to purchase two percent of the total goods and services required by the institutions each year produced or provided in whole or in part from class II inmate work programs
operated by the department of corrections.
(5) An institution of higher education may exercise independently those powers otherwise granted to the public
printer in chapter 43.78 RCW in connection with the production or purchase of any printing and binding needed by the
respective institution of higher education. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapter 39.19 RCW. Any
institution of higher education that chooses to exercise independent printing production or purchasing authority shall
notify the public printer. Thereafter the public printer shall
not be required to provide those services for that institution.
[2010 c 61 § 1; 2004 c 167 § 10. Prior: 1998 c 344 § 5; 1998
c 111 § 2; 1996 c 110 § 5; 1993 c 379 § 101.]
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
Intent—1993 c 379: "The legislature acknowledges the academic freedom of institutions of higher education, and seeks to improve their efficiency
and effectiveness in carrying out their missions. By this act, the legislature
intends to increase the flexibility of institutions of higher education to manage personnel, construction, purchasing, printing, and tuition." [1993 c 379
§ 1.]
Additional notes found at www.leg.wa.gov
28B.10.030 Display of United States flag. Every board
of trustees or board of regents shall cause a United States flag
being in good condition to be displayed on the campus of
their respective state institution of higher education during
the hours of nine o’clock a.m. and four o’clock p.m. on
school days, except during inclement weather. [1969 ex.s. c
223 § 28B.10.030. Prior: 1939 c 17 § 1; RRS § 4531-1. Formerly RCW 28.76.030.]
28B.10.030
(2010 Ed.)
28B.10.040
28B.10.031 Check cashing privileges. (1) Any institution of higher education may, at its option and after the
approval by governing boards, accept in exchange for cash a
payroll check, expense check, financial aid check, or personal
check from a student or employee of that institution of higher
education in accordance with the following conditions:
(a) The check shall be drawn to the order of cash or
bearer and be immediately payable by a drawee financial
institution;
(b) The person presenting the check to the institution of
higher education shall produce identification that he or she is
currently enrolled or employed at the institution of higher
education; and
(c) The payroll check, expense check, or financial aid
check shall have been issued by the institution of higher education.
(2) In the event that any personal check cashed under this
section is dishonored by the drawee financial institution
when presented for payment, the institution of higher education, after giving notice of the dishonor to the student or
employee and providing an opportunity for a brief adjudicative proceeding, may:
(a) In the case of a student, place a hold on the student’s
enrollment and transcript records until payment in full of the
value of the dishonored check and reasonable collection fees
and costs;
(b) In the case of an employee, withhold from the next
payroll check or expense check the full amount of the dishonored check plus a collection fee. In the case that the employee
no longer is employed by the institution of higher education
at time of dishonor, then the institution of higher education
may pursue other legal collection efforts that are to be paid by
the drawer or endorser of the dishonored check along with the
full value of the check. [1993 c 145 § 1.]
28B.10.031
28B.10.032 Public and private institutions offering
teacher preparation programs—Exploration of methods
to enhance awareness of teacher preparation programs.
The state’s public and private institutions of higher education
offering teacher preparation programs and school districts are
encouraged to explore ways to facilitate faculty exchanges,
and other cooperative arrangements, to generate increased
awareness and understanding by higher education faculty of
the common school teaching experience and increased
awareness and understanding by common school faculty of
the teacher preparation programs. [1987 c 525 § 233.]
28B.10.032
Intent—Short title—1987 c 525 §§ 202-233: See notes following
RCW 28A.410.040.
Additional notes found at www.leg.wa.gov
28B.10.040 Higher educational institutions to be
nonsectarian. All institutions of higher education supported
wholly or in part by state funds, and by whatsoever name so
designated, shall be forever free from religious or sectarian
control or influence. [1969 ex.s. c 223 § 28B.10.040. Prior:
(i) 1909 c 97 p 242 § 7; RRS § 4559; prior: 1897 c 118 § 188;
1890 p 396 § 5. Formerly RCW 28.77.013; 28.76.040, part.
(ii) 1909 c 97 p 243 § 1, part; RRS § 4568, part; prior: 1897 c
118 § 190, part; 1891 c 145 § 1, part. Formerly RCW
28.80.015, part; 28.76.040, part.]
28B.10.040
Nonsectarian: State Constitution Art. 9 § 4, Art. 26.
[Title 28B RCW—page 17]
28B.10.042
Title 28B RCW: Higher Education
28B.10.042 Personal identifiers—Use of social security numbers prohibited. (1) Institutions of higher education shall not use the social security number of any student,
staff, or faculty for identification except for the purposes of
employment, financial aid, research, assessment, accountability, transcripts, or as otherwise required by state or federal law.
(2) Each institution of higher education shall develop a
system of personal identifiers for students to be used for grading and other administrative purposes. The personal identifiers may not be social security numbers. [2001 c 103 § 2.]
28B.10.042
Findings—2001 c 103: "The legislature finds that the occurrences of
identity theft are increasing. The legislature also finds that widespread use of
the federally issued social security numbers has made identity theft more
likely to occur." [2001 c 103 § 1.]
Effective date—2001 c 103 § 2: "Section 2 of this act takes effect July
1, 2002." [2001 c 103 § 5.]
28B.10.0421 Personal identifiers—Funding. Each
institution of higher education shall use its own existing budgetary funds to develop the system for personal identifiers.
No new state funds shall be allocated for this purpose. [2001
c 103 § 4.]
28B.10.0421
Findings—2001 c 103: See note following RCW 28B.10.042.
28B.10.050 Entrance requirements exceeding minimum requirements. Except as the legislature shall otherwise specifically direct, the boards of regents and the boards
of trustees for the state universities, the regional universities,
and The Evergreen State College may establish entrance
requirements for their respective institutions of higher education which meet or exceed the minimum entrance requirements established under RCW 28B.76.290(2). [2004 c 275 §
48; 1985 c 370 § 91; 1984 c 278 § 19; 1977 ex.s. c 169 § 9;
1969 ex.s. c 223 § 28B.10.050. Prior: 1917 c 10 § 9; RRS §
4540. Formerly RCW 28.76.050.]
28B.10.050
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.10.055 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.10.055
28B.10.056 State enrollment and degree priority—
Science and technology fields—Report to the legislature.
(1) A state priority is established for institutions of higher
education, including community colleges, to encourage
growing numbers of enrollments and degrees in the fields of
engineering, technology, biotechnology, sciences, computer
sciences, and mathematics.
(2) In meeting this state priority, the legislature understands and recognizes that the demands of the economic marketplace and the desires of students are not always on parallel
tracks. Therefore, institutions of higher education shall
determine local student demand for programs in the fields of
engineering, technology, biotechnology, sciences, computer
sciences, and mathematics and submit findings and proposed
alternatives to meet demand to the higher education coordinating board and the legislature by November 1, 2008.
28B.10.056
[Title 28B RCW—page 18]
(3) While it is understood that these areas of emphasis
should not be the sole focus of institutions of higher education. It is the intent of the legislature that steady progress in
these areas occur. The higher education coordinating board
shall track and report progress in the fields of engineering,
technology, biotechnology, sciences, computer sciences, and
mathematics including, but not limited to, the following
information:
(a) The number of students enrolled in these fields on a
biennial basis;
(b) The number of associate, bachelor’s, and master’s
degrees conferred in these fields on a biennial basis;
(c) The amount of expenditures in enrollment and degree
programs in these fields; and
(d) The number and type of public-private partnerships
established relating to these fields among institutions of
higher education, including community colleges, and leading
corporations in Washington state.
(4) Institutions of higher education, including community colleges, shall be provided discretion and flexibility in
achieving the objectives under this section. Examples of the
types of institutional programs that may help achieve these
objectives include, but are not limited to, establishment of
institutes of technology, new polytechnic-based institutions,
new divisions of existing institutions, and a flexible array of
delivery models, including face-to-face learning, interactive
courses, internet-based offerings, and instruction on main
campuses, branch campuses, and other educational centers.
(5) The legislature recognizes the global needs of the
economic marketplace for technologically prepared graduates, and the relationship between technology industries and
higher education. Institutions of higher education, including
community colleges, are strongly urged to consider science,
engineering, and technology program growth in areas of the
state that exhibit a high concentration of aerospace, biotechnology, and technology industrial presence. Expanded science and technology programs can gain from the proximity
of experienced and knowledgeable industry leaders, while
industry can benefit from access to new sources of highly
trained and educated graduates. [2006 c 180 § 2.]
Findings—Intent—2006 c 180: "(1) The legislature recognizes the
vital importance to the state’s economic prosperity and the economic benefit
of placing a priority on enrolling and conferring degrees upon students in the
fields of engineering, technology, biotechnology, science, computer science,
and mathematics.
(2) The legislature has significant concerns that other countries are outpacing the United States in graduating qualified engineers, and that major
corporations within Washington state are searching out-of-state and even
outside the United States to find the qualified and trained employees they
need.
(3) Data compiled by the technology alliance shows that Washington
state ranks thirty-fourth among the fifty states in the percentage of residents
who have earned a science or engineering degree, per capita.
(4) Data collected by the office of financial management indicates that
between the academic years of 1993-94 and 2003-04 at public four-year
institutions of higher education in Washington state:
(a) There was a twelve percent decline in the number of full-time
equivalents enrolled in the fields of engineering and related technologies;
and
(b) There was nearly a nine percent decline in the number of bachelor’s
degrees conferred in the fields of engineering and related technologies.
(5) Data collected by the office of financial management also shows
that for the 2003-04 academic year, only four percent of all full-time equivalents were enrolled in engineering and related technologies and just two
percent of all full-time equivalents were enrolled in computer science studies
at public four-year institutions of higher education in the state.
(2010 Ed.)
Colleges and Universities Generally
(6) Therefore, it is the intent of the legislature to promote increased
access, delivery models, enrollment slots, and degree opportunities in the
fields of engineering, technology, biotechnology, sciences, computer sciences, and mathematics. It is recognized that these areas of study and training are integrally linked to ensuring that Washington state’s economy can
compete nationally and globally in the twenty-first century marketplace. It
is also recognized that community colleges play a unique role in supporting
degree attainment in the fields of science, technology, engineering, and
mathematics through the development of transferable curricula and the
maintenance of viable articulation agreements with both public and private
universities." [2006 c 180 § 1.]
28B.10.100 "Major line" defined. The term "major
line," whenever used in this code, shall be held and construed
to mean the development of the work or courses of study in
certain subjects to their fullest extent, leading to a degree or
degrees in that subject. [1969 ex.s. c 223 § 28B.10.100.
Prior: 1917 c 10 § 1; RRS § 4532. Formerly RCW
28.76.010.]
28B.10.100
28B.10.105 Courses exclusive to the University of
Washington. See RCW 28B.20.060.
28B.10.105
28B.10.106 Courses exclusive to Washington State
University. See RCW 28B.30.060 and 28B.30.065.
28B.10.106
28B.10.115 Major lines common to University of
Washington and Washington State University. The
courses of instruction of both the University of Washington
and Washington State University shall embrace as major
lines, pharmacy, architecture, and forest management as distinguished from forest products and logging engineering
which are exclusive to the University of Washington. These
major lines shall be offered and taught at said institutions
only. [2009 c 207 § 1; 2003 c 82 § 1; 1985 c 218 § 1; 1969
ex.s. c 223 § 28B.10.115. Prior: 1963 c 23 § 2; 1961 c 71 §
2; prior: (i) 1917 c 10 § 8; RRS § 4539. (ii) 1917 c 10 § 4;
RRS § 4535. Formerly RCW 28.76.080.]
28B.10.115
28B.10.120 Graduate work. Whenever a course is
authorized to be offered and taught by this code, in any of the
institutions herein mentioned, as a major line, it shall carry
with it the right to offer, and teach graduate work in such
major lines. [1969 ex.s. c 223 § 28B.10.120. Prior: 1917 c 10
§ 7; RRS § 4538. Formerly RCW 28.76.100.]
28B.10.120
28B.10.125 Technology literacy—Reports. (1)
Beginning in April 2000, representatives of the public baccalaureate institutions designated by the council of presidents,
in consultation with representatives of the community and
technical colleges and representatives of the higher education
coordinating board, shall convene an interinstitutional group
to begin to: (a) Develop a definition of information and technology literacy; (b) develop strategies or standards by which
to measure the achievement of information and technology
literacy; and (c) develop a financial assessment of the cost of
implementation.
(2) The baccalaureate institutions shall provide the house
of representatives and senate committees on higher education
with a progress report in January 2001.
(3) By the end of January 2002, the baccalaureate institutions shall deliver to the house of representatives and senate
28B.10.270
committees on higher education a report detailing: (a) The
definition of information and technology literacy; (b) strategies or standards for measurement; (c) institutionally specific
plans for implementation; and (d) an evaluation of the feasibility of implementation taking into consideration cost.
(4) If the legislature determines that implementation is
feasible, the public baccalaureate institutions shall pilot test
strategies to assess and report on information and technology
literacy during the 2002-03 academic year.
(5) By the end of January 2004, the institutions shall
report to the house of representatives and senate committees
on higher education the results of the 2002-03 pilot study.
(6) Implementation of assessment strategies shall begin
in the academic year 2003-04.
(7) The higher education coordinating board shall report
results to the house of representatives and senate committees
on higher education in the 2005 legislative session. [2000 c
166 § 2.]
Findings—2000 c 166: "The legislature finds that competence in information literacy and fluency in information technology are increasingly
important in the workplace as well as in day-to-day activities. The legislature
finds that to prepare students to meet the challenges of the workforce and
society, students must be able to effectively manage and apply information
from a variety of sources. In addition, the legislature finds that institutions of
higher education have the opportunity to provide students with a framework
and approach to use information and technology effectively." [2000 c 166 §
1.]
28B.10.140 Teachers’ training courses. The University of Washington, Washington State University, Central
Washington University, Eastern Washington University,
Western Washington University, and The Evergreen State
College are each authorized to train teachers and other personnel for whom teaching certificates or special credentials
prescribed by the Washington professional educator standards board are required, for any grade, level, department, or
position of the public schools of the state. [2005 c 497 § 217;
2004 c 60 § 1; 1977 ex.s. c 169 § 10; 1969 ex.s. c 223 §
28B.10.140. Prior: 1967 c 47 § 17; 1949 c 34 § 1; Rem.
Supp. 1949 § 4618-3. Formerly RCW 28.76.120.]
28B.10.140
Intent—Part headings not law—Effective date—2005 c 497: See
notes following RCW 28A.305.011.
Additional notes found at www.leg.wa.gov
28B.10.170 College and university fees.
28B.15 RCW.
28B.10.170
See chapter
28B.10.125
(2010 Ed.)
28B.10.270 Rights of Washington national guard and
other military reserve students called to active service.
(1) A member of the Washington national guard or any other
military reserve component who is a student at an institution
of higher education and who is ordered for a period exceeding thirty days to either active state service, as defined in
RCW 38.04.010, or to federal active military service has the
following rights:
(a) With regard to courses in which the person is
enrolled, the person may:
(i) Withdraw from one or more courses for which tuition
and fees have been paid that are attributable to the courses.
The tuition and fees must be credited to the person’s account
at the institution. Any refunds are subject to the requirements
of the state or federal financial aid programs of origination.
28B.10.270
[Title 28B RCW—page 19]
28B.10.280
Title 28B RCW: Higher Education
In such a case, the student shall not receive credit for the
courses and shall not receive a failing grade, an incomplete,
or other negative annotation on the student’s record, and the
student’s grade point average shall not be altered or affected
in any manner because of action under this item;
(ii) Be given a grade of incomplete and be allowed to
complete the course upon release from active duty under the
institution’s standard practice for completion of incompletes;
or
(iii) Continue and complete the course for full credit.
Class sessions the student misses due to performance of state
or federal active military service must be counted as excused
absences and must not be used in any way to adversely
impact the student’s grade or standing in the class. Any student who selects this option is not, however, automatically
excused from completing assignments due during the period
the student is performing state or federal active military service. A letter grade or a grade of pass must only be awarded
if, in the opinion of the faculty member teaching the course,
the student has completed sufficient work and has demonstrated sufficient progress toward meeting course requirements to justify the grade;
(b) To receive a refund of amounts paid for room, board,
and fees attributable to the time period during which the student was serving in state or federal active military service and
did not use the facilities or services for which the amounts
were paid. Any refund of room, board, and fees is subject to
the requirements of the state or federal financial aid programs
of origination; and
(c) If the student chooses to withdraw, the student has the
right to be readmitted and enrolled as a student at the institution, without penalty or redetermination of admission eligibility, within one year following release from the state or federal active military service.
(2) The protections in this section may be invoked as follows:
(a) The person, or an appropriate officer from the military organization in which the person will be serving, must
give written notice that the person is being, or has been,
ordered to qualifying service; and
(b) Upon written request from the institution, the person
shall provide written verification of service.
(3) This section provides minimum protections for students. Nothing in this section prevents institutions of higher
education from providing additional options or protections to
students who are ordered to state or federal active military
service. [2004 c 161 § 1.]
Effective date—2004 c 161: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2004]." [2004 c 161 § 7.]
28B.10.280 Student loans—Federal student aid programs. The boards of regents of the state universities and the
boards of trustees of regional universities, The Evergreen
State College, and community college districts may each create student loan funds, and qualify and participate in the
National Defense Education Act of 1958 and such other similar federal student aid programs as are or may be enacted
from time to time, and to that end may comply with all of the
laws of the United States, and all of the rules, regulations and
28B.10.280
[Title 28B RCW—page 20]
requirements promulgated pursuant thereto. [1977 ex.s. c
169 § 11; 1970 ex.s. c 15 § 27; 1969 ex.s. c 222 § 2; 1969
ex.s. c 223 § 28B.10.280. Prior: 1959 c 191 § 1. Formerly
RCW 28.76.420.]
State educational trust fund—Established—Deposits—Use: RCW
28B.92.140.
Additional notes found at www.leg.wa.gov
28B.10.281 Student loans—Certain activities may
make student ineligible for aid. Any student who organizes
and/or participates in any demonstration, riot or other activity
of which the effect is to interfere with or disrupt the normal
educational process at such institution shall not be eligible for
such aid. [1969 ex.s. c 222 § 3. Formerly RCW 28.76.421.]
28B.10.281
Additional notes found at www.leg.wa.gov
28B.10.284 Uniform minor student capacity to borrow act. See chapter 26.30 RCW.
28B.10.284
28B.10.293 Additional charges authorized in collection of debts—Public and private institutions of higher
education. Each state public or private institution of higher
education may, in the control and collection of any debt or
claim due owing to it, impose reasonable financing and late
charges, as well as reasonable costs and expenses incurred in
the collection of such debts, if provided for in the note or
agreement signed by the debtor. [1977 ex.s. c 18 § 1.]
28B.10.293
28B.10.295 Educational materials on abuses of, and
illnesses consequent from, alcohol. The boards of regents
of the state’s universities, the boards of trustees of the respective state colleges, and the boards of trustees of the respective
community colleges, with the cooperation of the *state board
for community college education, shall make available at
some place of prominence within the premises of each campus educational materials on the abuses of alcohol in particular and the illnesses consequent therefrom in general: PROVIDED, That such materials shall be obtained from public or
private organizations at no cost to the state. [1975 1st ex.s. c
164 § 2.]
28B.10.295
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Legislative recognition of community alcohol centers: "The legislature recognizes the invaluable services performed by the community alcohol
centers throughout the state, which centers would view making available
such educational materials as referred to in section 2 of this act as a part of
their community outreach education and preventive program and for which
material no fees would be charged." [1975 1st ex.s. c 164 § 1.]
28B.10.300 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Authorized. The
boards of regents of the state universities and the boards of
trustees of the regional universities and The Evergreen State
College are severally authorized to:
(1) Enter into contracts with persons, firms or corporations for the construction, installation, equipping, repairing,
renovating and betterment of buildings and facilities for the
following:
(a) dormitories
28B.10.300
(2010 Ed.)
Colleges and Universities Generally
(b) hospitals
(c) infirmaries
(d) dining halls
(e) student activities
(f) services of every kind for students, including, but not
limited to, housing, employment, registration, financial aid,
counseling, testing and offices of the dean of students
(g) vehicular parking
(h) student, faculty and employee housing and boarding;
(2) Purchase or lease lands and other appurtenances necessary for the construction and installation of such buildings
and facilities and to purchase or lease lands with buildings
and facilities constructed or installed thereon suitable for the
purposes aforesaid;
(3) Lease to any persons, firms, or corporations such portions of the campus of their respective institutions as may be
necessary for the construction and installation of buildings
and facilities for the purposes aforesaid and the reasonable
use thereof;
(4) Borrow money to pay the cost of the acquisition of
such lands and of the construction, installation, equipping,
repairing, renovating, and betterment of such buildings and
facilities, including interest during construction and other
incidental costs, and to issue revenue bonds or other evidence
of indebtedness therefor, and to refinance the same before or
at maturity and to provide for the amortization of such indebtedness from services and activities fees or from the rentals,
fees, charges, and other income derived through the ownership, operation and use of such lands, buildings, and facilities
and any other dormitory, hospital, infirmary, dining, student
activities, student services, vehicular parking, housing or
boarding building or facility at the institution;
(5) Contract to pay as rental or otherwise the cost of the
acquisition of such lands and of the construction and installation of such buildings and facilities on the amortization plan;
the contract not to run over forty years;
(6) Expend on the amortization plan services and activities fees and/or any part of all of the fees, charges, rentals,
and other income derived from any or all revenue-producing
lands, buildings, and facilities of their respective institutions,
heretofore or hereafter acquired, constructed or installed,
including but not limited to income from rooms, dormitories,
dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking facilities, land or the appurtenances thereon, and to pledge such services and activities
fees and/or the net income derived through the ownership,
operation and use of any lands, buildings or facilities of the
nature described in subsection (1) hereof for the payment of
part or all of the rental, acquisition, construction, and installation, and the betterment, repair, and renovation or other
contract charges, bonds or other evidence of indebtedness
agreed to be paid on account of the acquisition, construction,
installation or rental of, or the betterment, repair or renovation of, lands, buildings, facilities and equipment of the
nature authorized by this section. [1977 ex.s. c 169 § 13;
1973 1st ex.s. c 130 § 1; 1969 ex.s. c 223 § 28B.10.300. Prior:
1967 ex.s. c 107 § 1; 1963 c 167 § 1; 1961 c 229 § 2; prior:
(i) 1950 ex.s. c 17 § 1, part; 1947 c 64 § 1, part; 1933 ex.s. c
23 § 1, part; 1925 ex.s. c 91 § 1, part; Rem. Supp. 1947 §
4543-1, part. (ii) 1947 c 64 § 2, part; 1933 ex.s. c 23 § 2, part;
(2010 Ed.)
28B.10.310
1925 ex.s. c 91 § 2, part; Rem. Supp. 1947 § 4543-2, part.
Formerly RCW 28.76.180.]
Prior bonds validated: See 1961 c 229 § 10.
Additional notes found at www.leg.wa.gov
28B.10.305 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Use of lands, buildings, and facilities. The lands, buildings, facilities, and
equipment acquired, constructed or installed for those purposes shall be used in the respective institutions primarily
for:
(1) dormitories
(2) hospitals
(3) infirmaries
(4) dining halls
(5) student activities
(6) services of every kind for students, including, but not
limited to housing, employment, registration, financial aid,
counseling, testing and offices of the dean of students
(7) vehicular parking
(8) student, faculty and employee housing and boarding.
[1969 ex.s. c 223 § 28B.10.305. Prior: 1967 ex.s. c 107 § 2;
1963 c 167 § 2; 1961 c 229 § 3; prior: 1950 ex.s. c 17 § 1,
part; 1947 c 64 § 1, part; 1933 ex.s. c 23 § 1, part; 1925 ex.s.
c 91 § 1, part; Rem. Supp. 1947 § 4543-1, part. Formerly
RCW 28.76.190.]
28B.10.305
28B.10.310 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Bonds—Sale, interest,
form, payment, term, execution, negotiability, etc. Each
issue or series of such bonds: Shall be sold at such price and
at such rate or rates of interest; may be serial or term bonds;
may mature at such time or times in not to exceed forty years
from date of issue; may be sold at public or private sale; may
be payable both principal and interest at such place or places;
may be subject to redemption prior to any fixed maturities;
may be in such denominations; may be payable to bearer or to
the purchaser or purchasers thereof or may be registrable as
to principal or principal and interest as provided in RCW
39.46.030; may be issued under and subject to such terms,
conditions and covenants providing for the payment of the
principal thereof and interest thereon, which may include the
creation and maintenance of a reserve fund or account to
secure the payment of such principal and interest and a provision that additional bonds payable out of the same source or
sources may later be issued on a parity therewith, and such
other terms, conditions, covenants and protective provisions
safeguarding such payment, all as determined and found necessary and desirable by said boards of regents or trustees. If
found reasonably necessary and advisable, such boards of
regents or trustees may select a trustee for the owners of each
such issue or series of bonds and/or for the safeguarding and
disbursements of the proceeds of their sale for the uses and
purposes for which they were issued and, if such trustee or
trustees are so selected, shall fix its or their rights, duties,
powers, and obligations. The bonds of each such issue or
series: Shall be executed on behalf of such universities or
colleges by the president of the board of regents or the chair28B.10.310
[Title 28B RCW—page 21]
28B.10.315
Title 28B RCW: Higher Education
man of the board of trustees, and shall be attested by the secretary or the treasurer of such board, one of which signatures
may be a facsimile signature; and shall have the seal of such
university or college impressed, printed, or lithographed
thereon, and any interest coupons attached thereto shall be
executed with the facsimile signatures of said officials. The
bonds of each such issue or series and any of the coupons
attached thereto shall be negotiable instruments within the
provisions and intent of the negotiable instruments law of this
state even though they shall be payable solely from any special fund or funds. [1983 c 167 § 31; 1972 ex.s. c 25 § 1;
1970 ex.s. c 56 § 22; 1969 ex.s. c 232 § 96; 1969 ex.s. c 223
§ 28B.10.310. Prior: 1961 c 229 § 7. Formerly RCW
28.76.192.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
28B.10.315 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Funding, refunding
bonds. Such boards of regents or trustees may from time to
time provide for the issuance of funding or refunding revenue
bonds to fund or refund at or prior to maturity any or all
bonds of other indebtedness, including any premiums or penalties required to be paid to effect such funding or refunding,
heretofore or hereafter issued or incurred to pay all or part of
the cost of acquiring, constructing, or installing any lands,
buildings, or facilities of the nature described in RCW
28B.10.300.
Such funding or refunding bonds and any coupons
attached thereto shall be negotiable instruments within the
provisions and intent of the negotiable instruments law of this
state.
Such funding or refunding bonds may be exchanged for
or applied to the payment of the bonds or other indebtedness
being funded or refunded or may be sold in such manner and
at such price, and at such rate or rates of interest as the boards
of regents or trustees deem advisable, either at public or private sale.
The provisions of this chapter relating to the maturities,
terms, conditions, covenants, interest rate, issuance, and sale
of revenue bonds shall be applicable to such funding or
refunding bonds except as may be otherwise specifically provided in this section. [1983 c 167 § 32; 1970 ex.s. c 56 § 23;
1969 ex.s. c 232 § 97; 1969 ex.s. c 223 § 28B.10.315. Prior:
1961 c 229 § 8. Formerly RCW 28.76.194.]
28B.10.315
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
28B.10.320 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Authority to be liberally construed—Future acquisitions and installations
may be pledged for payment. The authority granted in
RCW 28B.10.300 through 28B.10.330 and 28B.15.220 shall
be liberally construed and shall apply to all lands, buildings,
and facilities of the nature described in RCW 28B.10.300
heretofore or hereafter acquired, constructed, or installed and
to any rentals, contract obligations, bonds or other indebtedness heretofore or hereafter issued or incurred to pay part or
28B.10.320
[Title 28B RCW—page 22]
all of the cost thereof, and shall include authority to pledge
for the amortization plan the net income from any and all
existing and future lands, buildings and facilities of the nature
described in RCW 28B.10.300 whether or not the same were
originally financed hereunder or under predecessor statutes.
[1969 ex.s. c 223 § 28B.10.320. Prior: 1961 c 229 § 9. Formerly RCW 28.76.196.]
28B.10.325 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Rate of interest on
obligations. The rate or rates of interest on the principal of
any obligation made or incurred under the authority granted
in RCW 28B.10.300 shall be as authorized by the board of
regents or trustees. [1970 ex.s. c 56 § 24; 1969 ex.s. c 232 §
98; 1969 ex.s. c 223 § 28B.10.325. Prior: 1961 c 229 § 4;
prior: 1950 ex.s. c 17 § 1, part; 1947 c 64 § 1, part; 1933 ex.s.
c 23 § 1, part; 1925 ex.s. c 91 § 1, part; Rem. Supp. 1947 §
4353-1, part. Formerly RCW 28.76.200.]
28B.10.325
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
28B.10.330 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College—Nonliability of state.
The state shall incur no liability by reason of the exercise of
the authority granted in RCW 28B.10.300. [1969 ex.s. c 223
§ 28B.10.330. Prior: 1961 c 229 § 5; prior: 1950 ex.s. c 17 §
1, part; 1947 c 64 § 1, part; 1933 ex.s. c 23 § 1, part; 1925
ex.s. c 91 § 1, part; Rem. Supp. 1947 § 4543-1, part. Formerly
RCW 28.76.210.]
28B.10.330
28B.10.335 Validation of prior bond issues. All
terms, conditions, and covenants, including the pledges of
student activity fees, student use fees and student building
use fees, special student fees or any similar fees charged to all
full time students, or to all students, as the case may be, registering at the state’s colleges and universities, contained in
all bonds heretofore issued to pay all or part of the cost of
acquiring, constructing or installing any lands, buildings, or
facilities of the nature described in RCW 28B.10.300 are
hereby declared to be lawful and binding in all respects.
[1973 1st ex.s. c 130 § 3.]
28B.10.335
28B.10.350 Construction work, remodeling, or demolition—Public bid—Exemption—Waiver—Prevailing
rate of wage—Universities and The Evergreen State College. (1) When the cost to The Evergreen State College or
any regional or state university of any building, construction,
renovation, remodeling, or demolition, other than maintenance or repairs, will equal or exceed the sum of ninety thousand dollars, or forty-five thousand dollars if the work
involves one trade or craft area, complete plans and specifications for the work shall be prepared, the work shall be put out
for public bid, and the contract shall be awarded to the
responsible bidder who submits the lowest responsive bid.
(2) Any building, construction, renovation, remodeling,
or demolition project that exceeds the dollar amounts in subsection (1) of this section is subject to the provisions of chapter 39.12 RCW.
28B.10.350
(2010 Ed.)
Colleges and Universities Generally
(3) The Evergreen State College or any regional or state
university may require a project to be put to public bid even
when it is not required to do so under subsection (1) of this
section. Any project publicly bid under this subsection is
subject to the provisions of chapter 39.12 RCW.
(4) Where the estimated cost of any building, construction, renovation, remodeling, or demolition is less than ninety
thousand dollars or the contract is awarded by the small
works roster procedure authorized in RCW 39.04.155, the
publication requirements of RCW 39.04.020 do not apply.
(5) In the event of any emergency when the public interest or property of The Evergreen State College or a regional
or state university would suffer material injury or damage by
delay, the president of such college or university may declare
the existence of an emergency and, reciting the facts constituting the same, may waive the requirements of this section
with reference to any contract in order to correct the condition causing the emergency. For the purposes of this section,
"emergency" means a condition likely to result in immediate
physical injury to persons or to property of the college or university in the absence of prompt remedial action or a condition which immediately impairs the institution’s ability to
perform its educational obligations.
(6) This section does not apply when a contract is
awarded by the small works roster procedure authorized in
RCW 39.04.155 or under any other procedure authorized for
an institution of higher education. [2009 c 229 § 2; 2007 c
495 § 1; 2001 c 38 § 1; 2000 c 138 § 202; 1993 c 379 § 109;
1985 c 152 § 1; 1979 ex.s. c 12 § 1; 1977 ex.s. c 169 § 14;
1971 ex.s. c 258 § 1.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
Additional notes found at www.leg.wa.gov
28B.10.354 High-performance public buildings
requirements. Institutions of higher education must comply
with high-performance public building[s] requirements under
RCW 39.35D.010 through 39.35D.030 and 39.35D.060.
[2005 c 12 § 8.]
28B.10.354
28B.10.360 Educational and career opportunities in
the military, student access to information on, when. If a
public institution of higher education provides access to the
campus and the student information directory to persons or
groups which make students aware of occupational or educational options, the institution of higher education shall provide access on the same basis to official recruiting representatives of the military forces of the state and the United States
for the purpose of informing students of educational and
career opportunities available in the military. [1980 c 96 § 2.]
28B.10.360
28B.10.400 Annuities and retirement income plans—
Authorized. The boards of regents of the state universities,
the boards of trustees of the regional universities and of The
Evergreen State College, and the state board for community
and technical colleges are authorized and empowered:
28B.10.400
(2010 Ed.)
28B.10.400
(1) To assist the faculties and such other employees as
any such board may designate in the purchase of old age
annuities or retirement income plans under such rules as any
such board may prescribe. County agricultural agents, home
demonstration agents, 4-H club agents, and assistant county
agricultural agents paid jointly by the Washington State University and the several counties shall be deemed to be full
time employees of the Washington State University for the
purposes hereof;
(2) To provide, under such rules and regulations as any
such board may prescribe for the faculty members or other
employees under its supervision, for the retirement of any
such faculty member or other employee on account of age or
condition of health, retirement on account of age to be not
earlier than the sixty-fifth birthday: PROVIDED, That such
faculty member or such other employee may elect to retire at
the earliest age specified for retirement by federal social
security law: PROVIDED FURTHER, That any supplemental payment authorized by subsection (3) of this section and
paid as a result of retirement earlier than age sixty-five shall
be at an actuarially reduced rate;
(3) To pay to any such retired person or to his or her designated beneficiary(s), each year after his or her retirement, a
supplemental amount which, when added to the amount of
such annuity or retirement income plan, or retirement income
benefit pursuant to RCW 28B.10.415, received by the retired
person or the retired person’s designated beneficiary(s) in
such year, will not exceed fifty percent of the average annual
salary paid to such retired person for his or her highest two
consecutive years of full time service under an annuity or
retirement income plan established pursuant to subsection (1)
of this section at an institution of higher education: PROVIDED, HOWEVER, That if such retired person prior to
retirement elected a supplemental payment survivors option,
any such supplemental payments to such retired person or the
retired person’s designated beneficiary(s) shall be at actuarially reduced rates: PROVIDED FURTHER, That if a faculty
member or other employee of an institution of higher education who is a participant in a retirement plan authorized by
this section dies, or has died before retirement but after
becoming eligible for retirement on account of age, the designated beneficiary(s) shall be entitled to receive the supplemental payment authorized by this subsection to which such
designated beneficiary(s) would have been entitled had said
deceased faculty member or other employee retired on the
date of death after electing a supplemental payment survivors
option: PROVIDED FURTHER, That for the purpose of this
subsection, the designated beneficiary(s) shall be (a) the surviving spouse of the retiree; or, (b) with the written consent of
such spouse, if any, such other person or persons as shall
have an insurable interest in the retiree’s life and shall have
been nominated by written designation duly executed and
filed with the retiree’s institution of higher education;
(4) The higher education coordinating board is also
authorized and empowered as described in this section, subject to the following: The board shall only offer participation
in a purchased annuity or retirement income plan authorized
under this section to employees who have previously contributed premiums to a similar qualified plan, and the board is
prohibited from offering or funding such a plan authorized
under this section for the benefit of any retiree who is receiv[Title 28B RCW—page 23]
28B.10.401
Title 28B RCW: Higher Education
ing or accruing a retirement allowance from a public employees’ retirement system under Title 41 RCW or chapter 43.43
RCW. [2010 c 21 § 1; 1979 ex.s. c 259 § 1; 1977 ex.s. c 169
§ 15; 1975 1st ex.s. c 212 § 1; 1973 1st ex.s. c 149 § 1; 1971
ex.s. c 261 § 1; 1969 ex.s. c 223 § 28B.10.400. Prior: 1965
c 54 § 2; 1957 c 256 § 1; 1955 c 123 § 1; 1947 c 223 § 1; 1943
c 262 § 1; 1937 c 223 § 1; Rem. Supp. 1947 § 4543-11. Formerly RCW 28.76.240.]
Additional notes found at www.leg.wa.gov
28B.10.401 Assumptions to be applied when establishing supplemental payment under RCW
28B.10.400(3). The boards of regents of the state universities, the boards of trustees of the state colleges, and the *state
board for community college education, when establishing
th e a m ou n t o f su p plem e n ta l pay m e n t u nd e r R CW
28B.10.400(3) as now or hereafter amended, shall apply the
following assumptions:
(1) That the faculty member or such other employee at
the time of retirement elected a joint and two-thirds survivor
option on their annuity or retirement income plan using
actual ages, but not exceeding a five-year age difference if
married, or an actuarial equivalent option if single, which
represents accumulations including all dividends from all
matching contributions and any benefit that such faculty
member is eligible to receive from any Washington state public retirement plan while employed at an institution of higher
education;
(2) That on and after July 1, 1974, matching contributions were allocated equally between a fixed dollar and a
variable dollar annuity;
(3) That for each year after age fifty, the maximum
amount of contributions pursuant to RCW 28B.10.410 as
now or hereafter amended be contributed toward the purchase of such annuity or retirement income plan, otherwise
three-fourths of the formula described in RCW 28B.10.415,
as now or hereafter amended, shall be applied. [1979 ex.s. c
259 § 3.]
28B.10.401
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.10.405 Annuities and retirement income plans—
Contributions by faculty and employees. Members of the
faculties and such other employees as are designated by the
boards of regents of the state universities, the boards of trustees of the regional universities and of The Evergreen State
College, or the *state board for community college education
shall be required to contribute not less than five percent of
their salaries during each year of full time service after the
first two years of such service toward the purchase of such
annuity or retirement income plan; such contributions may be
in addition to federal social security tax contributions, if any.
[1977 ex.s. c 169 § 16; 1973 1st ex.s. c 149 § 2; 1971 ex.s. c
261 § 2; 1969 ex.s. c 223 § 28B.10.405. Prior: 1955 c 123 §
2; 1947 c 223 § 2; Rem. Supp. 1947 § 4543-12. Formerly
RCW 28.76.250.]
28B.10.405
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
[Title 28B RCW—page 24]
Additional notes found at www.leg.wa.gov
28B.10.407 Annuities and retirement income plans—
Credit for authorized leaves of absence without pay. (1)
A faculty member or other employee designated by the
boards of regents of the state universities, the boards of trustees of the regional universities and The Evergreen State College, or the *state board for community college education
who is granted an authorized leave of absence without pay
may apply the period of time while on the leave in the computation of benefits in any annuity and retirement plan authorized under RCW 28B.10.400 through 28B.10.430 only to
the extent provided in subsection (2) of this section.
(2) An employee who is eligible under subsection (1) of
this section may receive a maximum of two years’ credit during the employee’s entire working career for periods of
authorized leave without pay. Such credit may be obtained
only if the employee pays both the employer and employee
contributions required under RCW 28B.10.405 and
28B.10.410 while on the authorized leave of absence and if
the employee returns to employment with the university or
college immediately following the leave of absence for a
period of not less than two years. The employee and
employer contributions shall be based on the average of the
employee’s compensation at the time the leave of absence
was authorized and the time the employee resumes employment. Any benefit under RCW 28B.10.400(3) shall be based
only on the employee’s compensation earned from employment with the university or college.
An employee who is inducted into the armed forces of
the United States shall be deemed to be on an unpaid, authorized leave of absence. [1987 c 448 § 1.]
28B.10.407
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
28B.10.409 Annuities and retirement income plans—
Membership while serving as state legislator. (1) On or
after January 1, 1997, any employee who is on leave of
absence from an institution in order to serve as a state legislator may elect to continue to participate in any annuity or
retirement plan authorized under RCW 28B.10.400 during
the period of such leave.
(2) The institution shall pay the employee’s salary attributable to legislative service and shall match the employee’s
retirement plan contributions based on the salary for the leave
period. The state legislature shall reimburse the institution for
the salary and employer contributions covering the leave
period.
(3) "Institution" for purposes of this section means any
institution or entity authorized to provide retirement benefits
under RCW 28B.10.400. [1997 c 123 § 2.]
28B.10.409
28B.10.410 Annuities and retirement income plans—
Limitation on institution’s contribution. The boards of
regents of the state universities, the boards of trustees of the
regional universities and of The Evergreen State College, or
the *state board for community college education shall pay
not more than one-half of the annual premium of any annuity
or retirement income plan established under the provisions of
RCW 28B.10.400 as now or hereafter amended. Such contri28B.10.410
(2010 Ed.)
Colleges and Universities Generally
bution shall not exceed ten percent of the salary of the faculty
member or other employee on whose behalf the contribution
is made. This contribution may be in addition to federal
social security tax contributions made by the boards, if any.
[1977 ex.s. c 169 § 17; 1973 1st ex.s. c 149 § 3; 1971 ex.s. c
261 § 3; 1969 ex.s. c 223 § 28B.10.410. Prior: 1955 c 123 §
3; 1947 c 223 § 3; Rem. Supp. 1947 § 4543-13. Formerly
RCW 28.76.260.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.10.415 Annuities and retirement income plans—
Limitation on annuity or retirement income plan payment. The boards of regents of the state universities, the
boards of trustees of the regional universities and of The
Evergreen State College, or the *state board for community
college education shall not pay any amount to be added to the
annuity or retirement income plan of any retired person who
has served for less than ten years in one or more of the state
institutions of higher education. In the case of persons who
have served more than ten years but less than twenty-five
years no amount shall be paid in excess of four percent of the
amount authorized in subdivision (3) of RCW 28B.10.400 as
now or hereafter amended, multiplied by the number of years
of full time service rendered by such person: PROVIDED,
That credit for years of service at an institution of higher education shall be limited to those years in which contributions
were made by a faculty member or other employee designated pursuant to RCW 28B.10.400(1) and the institution or
the state as a result of which a benefit is being received by a
retired person from any Washington state public retirement
plan: PROVIDED FURTHER, That all such benefits that a
retired person is eligible to receive shall reduce any supplementation payments provided for in RCW 28B.10.400 as
now or hereafter amended. [1979 ex.s. c 259 § 2; 1977 ex.s.
c 169 § 18; 1973 1st ex.s. c 149 § 4; 1971 ex.s. c 261 § 4;
1969 ex.s. c 223 § 28B.10.415. Prior: 1955 c 123 § 4; 1947 c
223 § 4; Rem. Supp. 1947 § 4543-14. Formerly RCW
28.76.270.]
28B.10.415
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.10.420
other employee shall receive from the Washington state
teachers’ retirement system a retirement allowance consisting of an annuity which shall be the actuarial equivalent of
his or her accumulated contributions at his or her age when
becoming eligible for such retirement and a pension for each
year of creditable service established and retained at the time
of said designation as provided in RCW 41.32.497 as now or
hereafter amended. Anyone who on July 1, 1967, was receiving pension payments from the teachers’ retirement system
based on thirty-five years of creditable service shall thereafter receive a pension based on the total years of creditable
service established with the retirement system: PROVIDED,
HOWEVER, That any such faculty member or other
employee who, upon attainment of eligibility for retirement
under the Washington state teachers’ retirement system, is
still engaged in public educational employment, shall not be
eligible to receive benefits under the Washington state teachers’ retirement system until he or she ceases such public educational employment. Any retired faculty member or other
employee who enters service in any public educational institution shall cease to receive pension payments while engaged
in such service: PROVIDED FURTHER, That such service
may be rendered up to seventy-five days in a school year
without reduction of pension.
(2) A faculty member or other employee designated by
the board of trustees of the applicable regional university or
of The Evergreen State College as being subject to the annuity and retirement income plan and who, at the time of such
designation, is a member of the Washington state teachers’
retirement system may, at his or her election and at any time,
on and after midnight June 10, 1959, terminate his or her
membership in the Washington state teachers’ retirement system and withdraw his or her accumulated contributions and
interest in the teachers’ retirement fund upon written application to the board of trustees of the Washington state teachers’
retirement system. Faculty members or other employees who
withdraw their accumulated contributions, on and after the
date of withdrawal of contributions, shall no longer be members of the Washington state teachers’ retirement system and
shall forfeit all rights of membership, including pension benefits, theretofore acquired under the Washington state teachers’ retirement system. [1977 ex.s. c 169 § 19; 1971 ex.s. c
261 § 5.]
Additional notes found at www.leg.wa.gov
28B.10.420
28B.10.417 Annuities and retirement income plans—
Rights and duties of faculty or employees with Washington state teachers’ retirement system credit—Regional
universities and The Evergreen State College. (1) A faculty member or other employee designated by the board of
trustees of the applicable regional university or of The Evergreen State College as being subject to an annuity or retirement income plan and who, at the time of such designation, is
a member of the Washington state teachers’ retirement system, shall retain credit for such service in the Washington
state teachers’ retirement system and except as provided in
subsection (2) of this section, shall leave his or her accumulated contributions in the teachers’ retirement fund. Upon his
or her attaining eligibility for retirement under the Washington state teachers’ retirement system, such faculty member or
28B.10.417
(2010 Ed.)
28B.10.420 Annuities and retirement income plans—
Retirement at age seventy—Reemployment, conditions
when. (1) Except as provided otherwise in subsection (2) of
this section, faculty members or other employees designated
by the boards of regents of the state universities, the boards of
trustees of the regional universities or of The Evergreen State
College, or the *state board for community college education
pursuant to RCW 28B.10.400 through 28B.10.420 as now or
hereafter amended shall be retired from their employment
with their institutions of higher education not later than the
end of the academic year next following their seventieth
birthday.
(2) As provided in this subsection, the board of regents
of a state university, the board of trustees of a regional university or The Evergreen State College, or the *state board
[Title 28B RCW—page 25]
28B.10.423
Title 28B RCW: Higher Education
for community college education may reemploy any person
who is "retired" pursuant to subsection (1) of this section,
who applies for reemployment and who has reached seventy
years of age on or after July 1, 1970. The following provisions shall govern such reemployment:
(a) Prior to the reemployment, the board of regents,
board of trustees, or state board shall have found that the person possesses outstanding qualifications which in the judgment of the board would permit the person to continue valuable service to the institution.
(b) The period of reemployment shall not be counted as
service under, or result in any eligibility for benefits or
increased benefits under, any state authorized or supported
annuity or retirement income plan. Reemployment shall not
result in the reemployed person or employer making any contributions to any such plan.
(c) No person may be reemployed on a full time basis if
such person is receiving benefits under any state authorized
or supported annuity or retirement income plan. The reemployment of any person on a full time basis shall be immediately terminated upon the person’s obtaining of any such benefits.
(d) A person may be reemployed on a part time basis and
receive or continue to receive any benefits for which such
person is eligible under any state authorized or supported
annuity or retirement income plan. Such part time work,
however, shall not exceed forty percent of full time employment during any year.
(e) A person reemployed pursuant to this section shall
comply with all conditions of reemployment and all rules
providing for the administration of this subsection which are
prescribed or adopted by the board of regents, or board of
trustees, or by the *state board for community college education. [1979 c 14 § 1. Prior: 1977 ex.s. c 276 § 1; 1977 ex.s. c
169 § 20; 1973 1st ex.s. c 149 § 5; 1969 ex.s. c 223 §
28B.10.420; prior: 1947 c 223 § 5; Rem. Supp. 1947 §
4543-14a. Formerly RCW 28.76.280.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Retirement, earliest age allowable: RCW 28B.10.400.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
Additional notes found at www.leg.wa.gov
28B.10.423 Annuities and retirement income plans—
Limit on retirement income—Adjustment of rates. It is
the intent of RCW 28B.10.400, 28B.10.405, 28B.10.410,
28B.10.415, 28B.10.420, 28B.10.423 and 83.20.030 that the
retirement income resulting from the contributions described
herein from the state of Washington and the employee shall
be projected actuarially so that it shall not exceed sixty percent of the average of the highest two consecutive years salary. Periodic review of the retirement systems established
pursuant to RCW 28B.10.400, 28B.10.405, 28B.10.410,
28B.10.415, 28B.10.420, 28B.10.423 and *83.20.030 will be
undertaken at such time and in such manner as determined by
the committees on ways and means of the senate and of the
house of representatives and the public pension commission,
28B.10.423
[Title 28B RCW—page 26]
and joint contribution rates will be adjusted if necessary to
accomplish this intent. [1973 1st ex.s. c 149 § 8.]
54.
*Reviser’s note: RCW 83.20.030 was repealed by 1979 ex.s. c 209 §
Additional notes found at www.leg.wa.gov
28B.10.425 Additional pension for certain retired
university faculty members or employees. Retired faculty
members or employees of the University of Washington or
Washington State University, who have reached age sixtyfive or are disabled from further service as of June 10, 1971,
who at the time of retirement or disability were not eligible
for federal old age, survivors, or disability benefit payments
(social security), and who are receiving retirement income on
July 1, 1970 pursuant to RCW 28B.10.400, shall, upon application approved by the board of regents of the institution
retired from, receive an additional pension of three dollars
per month for each year of full time service at such institution, including military leave. For periods of service that are
less than full time service, the monthly rate of the pension
shall be prorated accordingly to include such periods of service. [1971 ex.s. c 76 § 1.]
28B.10.425
28B.10.430 Annuities and retirement income plans—
Minimum monthly benefit—Computation. (1) For any
person receiving a monthly benefit pursuant to a program
established under RCW 28B.10.400, the pension portion of
such benefit shall be the sum of the following amounts:
(a) One-half of the monthly benefit payable under such
program by a life insurance company; and
(b) The monthly equivalent of the supplemental benefit
described in RCW 28B.10.400(3).
(2) Notwithstanding any provision of law to the contrary,
effective July 1, 1979, no person receiving a monthly benefit
pursuant to RCW 28B.10.400 shall receive, as the pension
portion of that benefit, less than ten dollars per month for
each year of service creditable to the person whose service is
the basis of the benefit. Portions of a year shall be treated as
fractions of a year and the decimal equivalent shall be multiplied by ten dollars. Where the benefit was adjusted at the
time benefit payments to the beneficiary commenced, the
minimum pension provided in this section shall be adjusted
in a manner consistent with that adjustment.
(3) Notwithstanding any provision of law to the contrary,
effective July 1, 1979, the monthly benefit of each person
who commenced receiving a monthly benefit under this
chapter as of a date no later than July 1, 1974, shall be permanently increased by a post-retirement adjustment. Such
adjustment shall be calculated as follows:
(a) Monthly benefits to which this subsection and subsection (2) of this section are both applicable shall be determined by first applying subsection (2) and then applying this
subsection. The department shall determine the total years of
creditable service and the total dollar benefit base accrued as
of December 31, 1978, except that this determination shall
take into account only those persons to whom this subsection
applies;
(b) The department shall multiply the total benefits
determined in (a) of this subsection by six percent and divide
the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall then
28B.10.430
(2010 Ed.)
Colleges and Universities Generally
be a post-retirement increase factor which shall be applied as
specified in (c) of this subsection;
(c) Each person to whom this subsection applies shall
receive an increase which is the product of the factor determined in (b) of this subsection multiplied by the years of
creditable service. [1979 ex.s. c 96 § 5.]
28B.10.431 Annuities and retirement income plans—
Monthly benefit—Post-retirement adjustment—Computation. Notwithstanding any provision of law to the contrary,
effective July 1, 1983, the monthly benefit of each person
who either is receiving a benefit pursuant to a program established under RCW 28B.10.400 for their service as of July 1,
1978, or commenced receiving a monthly benefit as a surviving spouse or written designated beneficiary with an insurable interest in the retiree as of a date no later than December
31, 1982, shall be permanently increased by a post-retirement
adjustment of $.74 per month for each year of creditable service the faculty member or employee established with the
annuity or retirement income plan. Any fraction of a year of
service shall be counted in the computation of the post-retirement adjustment. [1983 1st ex.s. c 56 § 2.]
28B.10.431
Additional notes found at www.leg.wa.gov
28B.10.480 Tax deferred annuities for employees.
The regents or trustees of any of the state’s institutions of
higher education are authorized to provide and pay for tax
deferred annuities for their respective employees in lieu of a
portion of salary or wages as authorized under the provisions
of 26 U.S.C., section 403(b), as amended by Public Law 87370, 75 Stat. 796 as now or hereafter amended. [1969 ex.s. c
223 § 28B.10.480. Prior: 1965 c 54 § 1, part. Formerly RCW
28.02.120, part.]
28B.10.480
28B.10.485 Charitable gift annuities, issuance of by
universities and The Evergreen State College—Scope.
The boards of the state universities, regional universities, and
the state college are authorized to issue charitable gift annuities paying a fixed dollar amount to individual annuitants for
their lifetimes in exchange for the gift of assets to the respective institution in a single transaction. The boards shall invest
one hundred percent of the charitable gift annuity assets in a
reserve for the lifetimes of the respective annuitants to meet
liabilities that result from the gift program. [1979 c 130 § 1.]
28B.10.485
Charitable gift annuity business: Chapter 48.38 RCW.
Title 48 RCW not to apply to charitable gift annuities issued by university or
state college: RCW 48.23.010.
Additional notes found at www.leg.wa.gov
28B.10.487 Charitable gift annuities, issuance of by
universities and The Evergreen State College—Obligation as to annuity payments. The obligation to make annuity payments to individuals under charitable gift annuity
agreements issued by the board of a state university, regional
university, or of the state college pursuant to RCW
28B.10.485 shall be secured by and limited to the assets
given in exchange for the annuity and reserves established by
the board. Such agreements shall not constitute:
(1) An obligation, either general or special, of the state;
or
28B.10.487
(2010 Ed.)
28B.10.525
(2) A general obligation of a state university, regional
university, or of the state college or of the board. [1979 c 130
§ 5.]
Additional notes found at www.leg.wa.gov
28B.10.500 Removal of regents or trustees from universities and The Evergreen State College. No regent of
the state universities, or trustee of the regional universities or
of The Evergreen State College shall be removed during the
term of office for which appointed, excepting only for misconduct or malfeasance in office, and then only in the manner
hereinafter provided. Before any regent or trustee may be
removed for such misconduct or malfeasance, a petition for
removal, stating the nature of the misconduct or malfeasance
of such regent or trustee with reasonable particularity, shall
be signed and verified by the governor and served upon such
regent or trustee. Said petition, together with proof of service
of same upon such regent or trustee, shall forthwith be filed
with the clerk of the supreme court. The chief justice of the
supreme court shall thereupon designate a tribunal composed
of three judges of the superior court to hear and adjudicate the
charges. Such tribunal shall fix the time of hearing, which
shall be public, and the procedure for the hearing, and the
decision of such tribunal shall be final and not subject to
review by the supreme court. Removal of any member of the
board by the tribunal shall disqualify such member for reappointment. [1977 ex.s. c 169 § 21; 1969 ex.s. c 223 §
28B.10.500. Prior: 1943 c 59 § 1; Rem. Supp. 1943 § 46031. Formerly RCW 28.76.290.]
28B.10.500
Additional notes found at www.leg.wa.gov
28B.10.510 Attorney general as advisor. The attorney
general of the state shall be the legal advisor to the presidents
and the boards of regents and trustees of the institutions of
higher education and he shall institute and prosecute or
defend all suits in behalf of the same. [1973 c 62 § 3; 1969
ex.s. c 223 § 28B.10.510. Prior: 1909 c 97 p 242 § 8; RRS §
4560; prior: 1897 c 118 § 189; 1890 p 399 § 19. Formerly
RCW 28.77.125; 28.76.300.]
28B.10.510
Attorney general’s powers in general: Chapter 43.10 RCW.
Employment of attorneys by state agencies restricted: RCW 43.10.067.
Additional notes found at www.leg.wa.gov
28B.10.520 Regents and trustees—Oaths. Each member of a board of regents or board of trustees of a university
or other state institution of higher education, before entering
upon his duties, shall take and subscribe an oath to discharge
faithfully and honestly his duties and to perform strictly and
impartially the same to the best of his ability, such oath to be
filed with the secretary of state. [1977 ex.s. c 169 § 22; 1969
ex.s. c 223 § 28B.10.520. Prior: 1909 c 97 p 248 § 13; RRS
§ 4593; prior: 1897 c 118 § 202; 1891 c 145 § 14. Formerly
RCW 28.80.140.]
28B.10.520
Additional notes found at www.leg.wa.gov
28B.10.525 Regents and trustees—Travel expenses.
Each member of a board of regents or board of trustees of a
university or other state institution of higher education, shall
be entitled to receive travel expenses in accordance with
RCW 43.03.050 and 43.03.060 as now existing or hereafter
28B.10.525
[Title 28B RCW—page 27]
28B.10.528
Title 28B RCW: Higher Education
amended for each day or portion thereof in which he or she is
actually engaged in business of the board. [1979 c 14 § 2.
Prior: 1977 ex.s. c 169 § 23; 1977 ex.s. c 118 § 1; 1975-’76
2nd ex.s. c 34 § 72; 1969 ex.s. c 223 § 28B.10.525; prior: (i)
1939 c 176 § 1, part; 1927 c 227 § 1, part; 1909 c 97 p 240 §
5, part; RRS § 4557, part. Formerly RCW 28.77.130, part. (ii)
1909 c 97 p 249 § 14; RRS § 4594; prior: 1897 c 118 § 203;
1891 c 145 § 15. Formerly RCW 28.80.150.]
Additional notes found at www.leg.wa.gov
28B.10.528
28B.10.528 Delegation of powers and duties by governing boards. The governing boards of institutions of
higher education shall have power, when exercised by resolution, to delegate to the president or his designee, of their
respective university or college, any of the powers and duties
vested in or imposed upon such governing board by law. Delegated powers and duties may be exercised in the name of the
respective governing boards. [1971 ex.s. c 57 § 21.]
28B.10.550
28B.10.550 Police forces for universities and The
Evergreen State College—Authorized. The boards of
regents of the state universities, and the boards of trustees of
the regional universities or of The Evergreen State College,
acting independently and each on behalf of its own institution:
(1) May each establish a police force for its own institution, which force shall function under such conditions and
regulations as the board prescribes; and
(2) May supply appropriate badges and uniforms indicating the positions and authority of the members of such police
force. [1977 ex.s. c 169 § 24; 1969 ex.s. c 223 § 28B.10.550.
Prior: 1965 ex.s. c 16 § 1; 1949 c 123 § 1; Rem. Supp. 1949
§ 4543-16. Formerly RCW 28.76.310.]
Additional notes found at www.leg.wa.gov
28B.10.555
28B.10.555 Police forces for universities and The
Evergreen State College—Powers. The members of a
police force established under authority of RCW 28B.10.550,
when appointed and duly sworn:
(1) Shall be peace officers of the state and have such
police powers as are vested in sheriffs and peace officers generally under the laws of this state; and
(2) May exercise such powers upon state lands devoted
mainly to the educational or research activities of the institution to which they were appointed; and
(3) Shall have power to pursue and arrest beyond the
limits of such state lands, if necessary, all or any violators of
the rules or regulations herein provided for. [1969 ex.s. c 223
§ 28B.10.555. Prior: 1965 ex.s. c 16 § 2; 1949 c 123 § 2;
Rem. Supp. 1949 § 4543-17. Formerly RCW 28.76.320.]
28B.10.560
28B.10.560 Police forces for universities and The
Evergreen State College—Establishment of traffic regulations—Adjudication of parking infractions—Appeal.
(1) The boards of regents of the state universities, and the
boards of trustees of the regional universities and of The
Evergreen State College, acting independently and each on
behalf of its own institution, may each:
[Title 28B RCW—page 28]
(a) Establish and promulgate rules and regulations governing pedestrian traffic and vehicular traffic and parking
upon lands and facilities of the university or college;
(b) Adjudicate matters involving parking infractions
internally; and
(c) Collect and retain any penalties so imposed.
(2) If the rules or regulations promulgated under subsection (1) of this section provide for internal adjudication of
parking infractions, a person charged with a parking infraction who deems himself or herself aggrieved by the final
decision in an internal adjudication may, within ten days after
written notice of the final decision, appeal by filing a written
notice thereof with the college or university police force.
Documents relating to the appeal shall immediately be forwarded to the district court in the county in which the offense
was committed, which court shall have jurisdiction over such
offense and such appeal shall be heard de novo. [1983 c 221
§ 1; 1977 ex.s. c 169 § 25; 1969 ex.s. c 223 § 28B.10.560.
Prior: 1965 ex.s. c 16 § 3; 1949 c 123 § 3; Rem. Supp. 1949
§ 4543-18. Formerly RCW 28.76.330.]
Additional notes found at www.leg.wa.gov
28B.10.567 Police forces for universities and The
Evergreen State College—Benefits for duty-related
death, disability or injury. The boards of regents of the
state universities and board of trustees of the regional universities and the board of trustees of The Evergreen State College are authorized and empowered, under such rules and
regulations as any such board may prescribe for the duly
sworn police officers employed by any such board as members of a police force established pursuant to RCW
28B.10.550, to provide for the payment of death or disability
benefits or medical expense reimbursement for death, disability, or injury of any such duly sworn police officer who,
in the line of duty, loses his life or becomes disabled or is
injured, and for the payment of such benefits to be made to
any such duly sworn police officer or his surviving spouse or
the legal guardian of his child or children, as defined in
*RCW 41.26.030(7), or his estate: PROVIDED, That the
duty-related benefits authorized by this section shall in no
event be greater than the benefits authorized on June 25, 1976
for duty-related death, disability, or injury of a law enforcement officer under chapter 41.26 RCW: PROVIDED FURTHER, That the duty-related benefits authorized by this section shall be reduced to the extent of any amounts received or
eligible to be received on account of the duty-related death,
disability, or injury to any such duly sworn police officer, his
surviving spouse, the legal guardian of his child or children,
or his estate, under workers’ compensation, social security
including the changes incorporated under Public Law 89-97
as now or hereafter amended, or disability income insurance
and health care plans under chapter 41.05 RCW. [1987 c 185
§ 2; 1977 ex.s. c 169 § 26; 1975-’76 2nd ex.s. c 81 § 1.]
28B.10.567
*Reviser’s note: RCW 41.26.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (7) to subsection (6).
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Additional notes found at www.leg.wa.gov
28B.10.569 Crime statistics reporting—Campus
safety plans—Memoranda of understanding and mutual
28B.10.569
(2010 Ed.)
Colleges and Universities Generally
aid agreements—Task forces—Contact information. (1)
Each institution of higher education with a commissioned
police force shall report to the Washington association of
sheriffs and police chiefs or its successor agency, on a
monthly basis, crime statistics for the Washington state uniform crime report, in the format required by the Washington
association of sheriffs and police chiefs, or its successor
agency. Institutions of higher education which do not have
commissioned police forces shall report crime statistics
through appropriate local law enforcement agencies.
(2) Each institution of higher education shall publish and
distribute a report which shall be updated annually and which
shall include the crime statistics as reported under subsection
(1) of this section for the most recent three-year period. Upon
request, the institution shall provide the report to every person who submits an application for admission to either a main
or branch campus, and to each new employee at the time of
employment. In its acknowledgment of receipt of the formal
application for admission, the institution shall notify the
applicant of the availability of such information. The information also shall be provided on an annual basis to all students and employees. Institutions with more than one campus shall provide the required information on a campus-bycampus basis.
(3)(a) Within existing resources, each institution of
higher education shall make available to all students, faculty,
and staff, and upon request to other interested persons, a campus safety plan that includes, at a minimum, the following:
(i) Data regarding:
(A) Campus enrollments;
(B) Campus nonstudent workforce profile; and
(C) The number of campus security personnel;
(ii) Policies, procedures, and programs related to:
(A) Preventing and responding to violence and other
campus emergencies;
(B) Setting the weapons policy on campus;
(C) Controlled substances as defined in RCW 64.44.010;
and
(D) Governing student privacy;
(iii) Information about:
(A) Sexual assault, domestic violence, and stalking,
including contact information for campus and community
victim advocates, information on where to view or receive
campus policies on complaints, and the name and contact
information of the individual or office to whom students and
employees may direct complaints of sexual assault, stalking,
or domestic violence; and
(B) Sexual harassment, including contact information
for campus and community victim advocates, information on
where to view or receive campus policies on complaints, and
the name and contact information of the individual or office
to whom students and employees may direct complaints of
sexual harassment;
(iv) Descriptions of:
(A) Mutual assistance arrangements with state and local
police;
(B) Methods and options that persons with disabilities or
special needs have to access services and programs;
(C) Escort and transportation services that provide for
individual security;
(2010 Ed.)
28B.10.5691
(D) Mental health and counseling services available to
students, faculty, and staff;
(E) Procedures for communicating with students, faculty, staff, the public, and the media, during and following
natural and nonnatural emergencies.
(b) The campus safety plan shall include, for the most
recent academic year:
(i) A description of programs and services offered by the
institution and student-sponsored organizations that provide
for crime prevention and counseling. The description must
include a listing of the available services, the service locations, and how the services may be contacted; and
(ii) For institutions maintaining student housing facilities, information detailing security policies and programs for
those facilities.
(c)(i) Institutions with a main campus and one or more
branch campuses shall provide the information on a campusby-campus basis.
(ii) Community and technical colleges shall provide such
information for the main campuses only, and shall provide
reasonable alternative information for any off-campus centers and affiliated college sites enrolling fewer than one hundred students.
(4)(a) Each institution shall enter into memoranda of
understanding that set forth responsibilities for the various
local jurisdictions in the event of a campus emergency.
(b) Each institution shall enter into mutual aid agreements with local jurisdictions regarding the shared use of
equipment and technology in the event of a campus emergency.
(c) Memoranda of understanding and mutual aid agreements shall be updated and included in campus safety plans.
(5)(a) Each institution shall establish a task force that
examines campus security and safety issues at least annually.
Each task force shall include representation from the institution’s administration, faculty, staff, recognized student organizations, and police or security organization.
(b) Each task force shall review the campus safety plan
published and distributed under this section for its respective
institution, in order to ensure its accuracy and effectiveness
and to make any suggestions for improvement.
(6) The president of each institution shall designate a
specific individual responsible for monitoring and coordinating the institution’s compliance with this section and shall
ensure that contact information for this individual is made
available to all students, faculty, and staff. [2008 c 168 § 1;
1990 c 288 § 7.]
28B.10.5691 Campus safety—Institutional assessments—Updates—Reports. (1) Each institution of higher
education shall take the following actions:
(a) By October 30, 2008, submit a self-study assessing
its ability to facilitate the safety of students, faculty, staff,
administration, and visitors on each campus, including an
evaluation of the effectiveness of these measures, an assessment of the institution’s ability to disseminate information in
a timely and efficient manner to students, faculty, and staff,
an evaluation of the institution’s ability to provide an appropriate level of mental health services, and an action plan and
timelines describing plans to maximize program effectiveness for the next two biennia. Four-year institutions shall
28B.10.5691
[Title 28B RCW—page 29]
28B.10.570
Title 28B RCW: Higher Education
submit their studies to the higher education coordinating
board. Community and technical colleges shall submit their
studies to the state board for community and technical colleges.
(b) By October 30th of each even-numbered year, beginning in 2010, each institution shall submit an update to its
[campus safety] plan, including an assessment of the results
of activities undertaken under any previous plan to address
unmet safety issues, and additional activities, or modifications of current activities, to be undertaken to address remaining safety issues at the institution.
(2) The higher education coordinating board and the
state board for community and technical colleges shall report
biennially, beginning December 31, 2010, to the governor
and the higher education committees of the house of representatives and the senate on:
(a) The efforts of each institution and the extent to which
it has complied with RCW 28B.10.569 and subsection (1)(b)
of this section; and
(b) Recommendations on measures to assist institutions
to ensure and enhance campus safety. [2008 c 168 § 2.]
28B.10.570 Interfering by force or violence with any
administrator, faculty member or student unlawful—
Penalty. (1) It shall be unlawful for any person, singly or in
concert with others, to interfere by force or violence with any
administrator, faculty member or student of any university,
college or community college who is in the peaceful discharge or conduct of his or her duties or studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
both such fine and imprisonment. [2003 c 53 § 171; 1971 c
45 § 1; 1970 ex.s. c 98 § 1. Formerly RCW 28.76.600.]
28B.10.570
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Disturbing school, school activities or meetings—Penalty—Disposition of
fines: RCW 28A.635.030.
Additional notes found at www.leg.wa.gov
28B.10.571 Intimidating any administrator, faculty
member or student by threat of force or violence unlawful—Penalty. (1) It shall be unlawful for any person, singly
or in concert with others, to intimidate by threat of force or
violence any administrator, faculty member or student of any
university, college or community college who is in the peaceful discharge or conduct of his or her duties or studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
both such fine and imprisonment. [2003 c 53 § 172; 1971 c
45 § 2; 1970 ex.s. c 98 § 2. Formerly RCW 28.76.601.]
cise of their disciplinary authority. [2003 c 53 § 173; 1970
ex.s. c 98 § 3. Formerly RCW 28.76.602.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
28B.10.575 Student housing—Liquor prohibited,
areas—Complaints regarding liquor and illegal drug
use—Policies, procedures, sanctions. (1) Each public institution of higher education shall notify all students applying
for college or university-owned student housing of the availability of housing in an area in which all liquor use is prohibited.
(2) Each public institution of higher education, upon
request, shall provide students access to student housing on a
residence hall floor, designated area, or in a building where
liquor use is prohibited.
(3) Each public institution shall have in place, and distribute to students in college or university-owned student
housing, a process for reporting violations and complaints of
liquor and illegal drug use.
(4) Each public institution shall have in place, distribute
to students, and vigorously enforce policies and procedures
for investigating complaints regarding liquor and illegal drug
use in college or university-owned student housing, including
the sanctions that may be applied for violations of the institution’s liquor and illegal drug use policies.
(5) Students who violate the institution’s liquor and illegal drug use policies are subject to disciplinary action. Sanctions that may be applied for violations of the institution’s
liquor or illegal drug use policies include warnings, restitution for property damage, probation, expulsion from college
or university-owned housing, and suspension from the institution.
(6) As used in this section:
(a) "Liquor" has the meaning in RCW 66.04.010; and
(b) "Illegal drug use" refers to the unlawful use of controlled substances under chapter 69.50 RCW or legend drugs
under chapter 69.41 RCW. [1996 c 17 § 2.]
28B.10.575
Additional notes found at www.leg.wa.gov
28B.10.571
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
28B.10.572 Certain unlawful acts—Disciplinary
authority exception. The crimes defined in RCW
28B.10.570 and 28B.10.571 shall not apply to school administrators or teachers who are engaged in the reasonable exer28B.10.572
[Title 28B RCW—page 30]
28B.10.580 Term papers, theses, dissertations, sale of
prohibited—Legislative findings—Purpose. (1) The legislature finds that commercial operations selling term papers,
theses, and dissertations encourages academic dishonesty,
and in so doing impairs the public confidence in the credibility of institutions of higher education whether in this state or
any other to function within their prime mission, that of providing a quality education to the citizens of this or any other
state.
(2) The legislature further finds that this problem,
beyond the ability of these institutions to control effectively,
is a matter of state concern, while at the same time recognizing the need for and the existence of legitimate research functions.
It is the declared intent of RCW 28B.10.580 through
28B.10.584, therefore, that the state of Washington prohibit
the preparation for sale or commercial sale of term papers,
theses and dissertations: PROVIDED, That such legislation
shall not affect legitimate and proper research activities:
28B.10.580
(2010 Ed.)
Colleges and Universities Generally
PROVIDED FURTHER, That such legislation does not
impinge on the rights, under the First Amendment, of freedom of speech, of the press, and of distributing information.
[1981 c 23 § 1; 1979 c 43 § 1.]
Additional notes found at www.leg.wa.gov
28B.10.582 Term papers, theses, dissertations, sale of
prohibited—Definitions. Unless the context clearly indicates otherwise, the words used in RCW 28B.10.580 through
28B.10.584 shall have the meaning given in this section:
(1) "Person" means any individual, partnership, corporation, or association.
(2) "Assignment" means any specific written, recorded,
pictorial, artistic, or other academic task, including but not
limited to term papers, theses, dissertations, essays, and
reports, that is intended for submission to any postsecondary
institution in fulfillment of the requirements of a degree,
diploma, certificate, or course of study at any such educational institution.
(3) "Prepare" means to create, write, or in any way produce in whole or substantial part a term paper, thesis, dissertation, essay, report, or other assignment for a monetary fee.
(4) "Postsecondary institution" means any university,
college, or other postsecondary educational institution.
[1981 c 23 § 2; 1979 c 43 § 2.]
28B.10.582
Additional notes found at www.leg.wa.gov
28B.10.584 Term papers, theses, dissertations, sale of
prohibited—Violations enumerated—Exempted acts—
Civil penalties—Injunctive relief. (1) No person shall prepare, offer to prepare, cause to be prepared, sell, or offer for
sale to any other person, including any student enrolled in a
postsecondary institution, any assignment knowing, or under
the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial
part under a student’s name in fulfillment of the requirements
for a degree, diploma, certificate, or course of study at any
postsecondary institution.
(2) No person shall sell or offer for sale to any student
enrolled in a postsecondary institution any assistance in the
preparation, research or writing of an assignment knowing or
under the circumstances having reason to know, that said
assignment is intended for submission either in whole or substantial part under said student’s name to such educational
institution in fulfillment of the requirements for a degree,
diploma, certificate, or course of study.
(3) Nothing contained in this section shall prevent any
person from providing tutorial assistance, research material,
information, or other assistance to persons enrolled in a postsecondary institution which is not intended for submission in
whole or in substantial part as an assignment under the student’s name to such institution. Nor shall any person be prevented by this section from rendering services for a monetary
fee which includes typing, assembling, transcription, reproduction, or editing of a manuscript or other assignment:
PROVIDED, That such services are not rendered with the
intent of making substantive changes in a manuscript or other
assignment.
(4) Any person violating any provision of RCW
28B.10.580, 28B.10.582 or 28B.10.584 shall be subject to
28B.10.584
(2010 Ed.)
28B.10.590
civil penalties of not more than one thousand dollars for each
violation. Any court of competent jurisdiction is hereby
authorized to grant such further relief as is necessary to
enforce the provisions of this section, including the issuance
of an injunction.
(5) Any person against whom a judgment has been
entered pursuant to subsection (4) of this section, shall upon
any subsequent violation of RCW 28B.10.580, 28B.10.582
or 28B.10.584 be subject to civil penalties not to exceed ten
thousand dollars. Any court of competent jurisdiction is
hereby authorized to grant such further relief as is necessary
to enforce the provisions of this section, including the issuance of an injunction.
(6) Actions for injunction under the provisions of this
section may be brought in the name of the state of Washington upon the complaint of the attorney general or any prosecuting attorney in the name of the state of Washington. [1979
c 43 § 3.]
Additional notes found at www.leg.wa.gov
28B.10.590 Course materials—Cost savings. (1) The
boards of regents of the state universities, the boards of trustees of the regional universities and The Evergreen State College, and the boards of trustees of each community and technical college district, in collaboration with affiliated bookstores and student and faculty representatives, shall adopt
rules requiring that:
(a) Affiliated bookstores:
(i) Provide students the option of purchasing materials
that are unbundled when possible, disclose to faculty and
staff the costs to students of purchasing materials, and disclose publicly how new editions vary from previous editions;
(ii) Actively promote and publicize book buy-back programs;
(iii) Disclose retail costs for course materials on a per
course basis to faculty and staff and make this information
publicly available; and
(iv) Disclose information to students on required course
materials including but not limited to title, authors, edition,
price, and International Standard Book Number (ISBN) at
least four weeks before the start of the class for which the
materials are required. The chief academic officer may
waive the disclosure requirement provided in this subsection
(1)(a)(iv), on a case-by-case basis, if students may reasonably
expect that nearly all information regarding course materials
is available four weeks before the start of the class for which
the materials are required. The requirement provided in this
subsection (1)(a)(iv) does not apply if the faculty member
using the course materials is hired four weeks or less before
the start of class; and
(b) Faculty and staff members consider the least costly
practices in assigning course materials, such as adopting the
least expensive edition available, adopting free, open textbooks when available, and working with college librarians to
put together collections of free online web and library
resources, when educational content is comparable as determined by the faculty.
(2) As used in this section:
(a) "Materials" means any supplies or texts required or
recommended by faculty or staff for a given course.
28B.10.590
[Title 28B RCW—page 31]
28B.10.592
Title 28B RCW: Higher Education
(b) "Bundled" means a group of objects joined together
by packaging or required to be purchased as an indivisible
unit. [2009 c 241 § 1; 2007 c 457 § 1; 2006 c 81 § 2.]
Findings—Intent—2006 c 81: "The legislature finds that:
(1) Often the bundling of texts, workbooks, CD-ROMs, and other
course related materials is unnecessary since many students do not use all of
the materials included and may realize cost savings if materials are also
offered independently one from the other; and
(2) Many faculty and staff select materials uninformed of the retail
costs and differences between versions.
It is the intent of the legislature to give students more choices for purchasing educational materials and to encourage faculty and staff to work
closely with bookstores and publishers to implement the least costly option
without sacrificing educational content and to provide maximum cost savings to students." [2006 c 81 § 1.]
28B.10.592 College textbook information—Publishers’ duties. (1) Each publisher of college textbooks shall
make immediately available to faculty of institutions of
higher education:
(a) The price at which the publisher would make the
products available to the store run by or in a contractual relationship with the institution of higher education that would
offer the products to students; and
(b) The history of revisions for the products, if any.
(2) For the purposes of this section:
(a) "Immediately available" means with any marketing
materials presented to a member of the faculty.
(b) "Products" means all versions of a textbook or set of
textbooks, except custom textbooks or special editions of
textbooks, available in the subject area for which a faculty
member is teaching a course, including supplemental items,
both when sold together or separately from a textbook. [2007
c 186 § 1.]
28B.10.592
28B.10.600 District schools may be used for teacher
training by universities and The Evergreen State College—Authority. The boards of regents of the state universities are each authorized to enter into agreements with the
board of directors of any school district in this state whereby
one or more of the public schools operated by such district
may be used by the university for the purpose of training students at said university as teachers, supervisors, principals, or
superintendents. The boards of trustees of the regional universities and of The Evergreen State College are authorized
to enter into similar agreements for the purpose of training
students at their institutions as teachers, supervisors, or principals. [1977 ex.s. c 169 § 27; 1969 ex.s. c 223 § 28B.10.600.
Prior: 1949 c 182 § 1; Rem. Supp. 1949 § 4543-40. Formerly
RCW 28.76.350.]
28B.10.600
Regional university model schools and training departments: RCW
28B.35.300 through 28B.35.315.
The Evergreen State College model schools and training departments: RCW
28B.40.300 through 28B.40.315.
Additional notes found at www.leg.wa.gov
28B.10.605 District schools may be used for teacher
training by universities and The Evergreen State College—Agreement for financing, organization, etc. The
financing and the method of organization and administration
of such a training program operated by agreement between a
state university board of regents or a regional university
board of trustees or The Evergreen State College board of
28B.10.605
[Title 28B RCW—page 32]
trustees, and the board of directors of any school district,
shall be determined by agreement between them. [1977 ex.s.
c 169 § 28; 1969 ex.s. c 223 § 28B.10.605. Prior: 1949 c 182
§ 2; Rem. Supp. 1949 § 4543-41. Formerly RCW 28.76.360.]
Additional notes found at www.leg.wa.gov
28B.10.618 Credit card marketing policies. (1)(a)
Subject to subsection (2) of this section, institutions of higher
education shall develop policies regarding the marketing or
merchandising of credit cards on institutional property to students, except as provided in newspapers, magazines, or similar publications or within any location of a financial services
business regularly doing business on the institution’s property.
(b) "Merchandising" means the offering of free merchandise or incentives to students as part of the credit card marketing effort.
(c) "Student" means any student enrolled for one or more
credit hours at an institution of higher education.
(2) Institutions of higher education shall each develop
official credit card marketing policies. The process of development of these policies must include consideration of student comments. The official credit card marketing policies
must, at a minimum, include consideration of and decisions
regarding:
(a) The registration of credit card marketers;
(b) Limitations on the times and locations of credit card
marketing; and
(c) Prohibitions on material inducements to complete a
credit card application unless the student has been provided
credit card debt education literature, which includes, but is
not limited to, brochures of written or electronic information.
(3)(a) The policies shall include the following elements:
A requirement for credit card marketers to inform students
about good credit management practices through programs
developed in concert with the institution of higher education;
and
(b) A requirement to make the official credit card marketing policy available to all students upon their request.
[2005 c 74 § 1.]
28B.10.618
28B.10.620 Agreements for research work by private
nonprofit corporations at universities—Authority. The
boards of regents of the state universities are hereby empowered to enter into agreements with corporations organized
under *chapters 24.08, 24.16 or 24.20 RCW, whereby such
corporations may be permitted to conduct on university property devoted mainly to medical, educational or research activities, under such conditions as the boards of regents shall prescribe, any educational, hospital, research or related activity
which the boards of regents shall find will further the objects
of the university. [1969 ex.s. c 223 § 28B.10.620. Prior:
1949 c 152 § 1; Rem. Supp. 1949 § 4543-30. Formerly RCW
28.76.370.]
28B.10.620
*Reviser’s note: Chapters 24.08 and 24.16 RCW were repealed by
1967 c 235; but see chapter 24.03 RCW, the Washington nonprofit corporation act.
28B.10.625 Agreements for research work by private
nonprofit corporations at universities—Funds may be
expended in cooperative effort. The boards of regents of
28B.10.625
(2010 Ed.)
Colleges and Universities Generally
the state universities may expend funds available to said
institutions in any cooperative effort with such corporations
which will further the objects of the particular university and
may permit any such corporation or corporations to use any
property of the university in carrying on said functions.
[1969 ex.s. c 223 § 28B.10.625. Prior: 1949 c 152 § 2; Rem.
Supp. 1949 § 4543-31. Formerly RCW 28.76.380.]
28B.10.630 Commercialization of research and other
economic development and workforce development
opportunities. (1) It is the intent of the legislature that state
universities engage in the commercialization of research and
other economic development and workforce development
activities that benefit the intermediate and long-term economic vitality of Washington. State universities are expected
to develop and strengthen university-industry relationships
through the conduct of research, the support of company formation and job generation, and collaborative training. The
state universities, using a collaborative process that may
include both in-house resources and independent contractors
with necessary technical expertise or innovative processes,
must perform one or more of the following functions:
(a) Provide collaborative research and technology transfer opportunities;
(b) Publicize their commercialization processes and
include an explanation of how to access commercialization
resources at the universities;
(c) Develop mechanisms for pairing researchers, entrepreneurs, and investors. Such mechanisms are to include, but
are not limited to, developing guides, web sites, or workshops
on funding opportunities, on entrepreneurship and the process of starting a company, and on university-industry relations;
(d) Host events to connect researchers to entrepreneurs,
investors, and individuals from the state’s technology-based
industries; and
(e) Provide opportunities for training undergraduate and
graduate students through direct involvement in research and
industry interactions.
(2) In carrying out the functions in this section, the universities may work with and through the higher education
coordinating board. [2010 1st sp.s. c 14 § 1.]
28B.10.630
28B.10.631 Bridge-funding programs—Establishment and administration. To support the formation of companies created around the technologies developed at state
universities, the state universities are authorized to establish
and administer bridge-funding programs for start-up companies using funds from the federal government and the private
sector. [2010 1st sp.s. c 14 § 2.]
28B.10.631
28B.10.640 Student associations to contract for certain purchases, concessions, printing, etc.—Procedure.
The associated students of the University of Washington, the
associated students of Washington State University, the student associations of the state community colleges and the student associations of the regional universities and of The
Evergreen State College shall contract for all purchases for
printing of athletic programs, athletic tickets, athletic press
brochures, yearbooks, magazines, newspapers, and letting of
28B.10.640
(2010 Ed.)
28B.10.648
concessions, exceeding one thousand dollars, notice of call
for bid on the same to be published in at least two newspapers
of general circulation in the county wherein the institution is
located two weeks prior to the award being made. The contract shall be awarded to the lowest responsible bidder, if the
price bid is fair and reasonable and not greater than the market value and price, and if the bid satisfactorily covers the
quality, design, performance, convenience and reliability of
service of the manufacturer and/or dealer. The aforesaid student associations may require such security as they deem
proper to accompany the bids submitted, and they shall also
fix the amount of the bond or other security that shall be furnished by the person to whom the contract is awarded. Such
student associations may reject any or all bids submitted, if
for any reason it is deemed for the best interest of their organizations to do so and readvertise in accordance with the provisions of this section. The student associations may reject
the bid of any person who has had a prior contract, and who
did not, in its opinion, faithfully comply with its terms: PROVIDED, That nothing in this section shall apply to printing
done or presses owned and operated by the associated students of the University of Washington, the associated students of Washington State University or the student associations of the regional universities or of The Evergreen State
College or community colleges, or to printing done on
presses owned or operated by their respective institutions.
[1977 ex.s. c 169 § 29; 1969 ex.s. c 223 § 28B.10.640. Prior:
1967 ex.s. c 8 § 50; 1957 c 212 § 1. Formerly RCW
28.76.390.]
Additional notes found at www.leg.wa.gov
28B.10.648
28B.10.648 Employees—Peer review committees—
Members’ immunity—Proceedings—Statement of reasons—Legal representation of members. (1) Employees,
agents, or students of institutions of higher education serving
on peer review committees which recommend or decide on
appointment, reappointment, tenure, promotion, merit raises,
dismissal, or other disciplinary measures for employees of
the institution, are immune from civil actions for damages
arising from the good faith performance of their duties as
members of the committees. Individuals who provide written
or oral statements in support of or against a person reviewed
are also immune from civil actions if their statements are
made in good faith.
(2) Peer review proceedings shall be pursuant to rules
and regulations promulgated by the respective institutions of
higher education.
(3) Upon the request of an evaluated person, the appropriate administrative officer of the institution shall provide a
statement of the reasons of the peer review committees and of
participating administrative officers for a final unfavorable
decision on merit, promotion, tenure or reappointment. In the
case of a disciplinary or dismissal proceeding, a statement of
reasons shall be provided by the reviewing committee to the
evaluated person for any decision unfavorable to such person.
(4) The institutions of higher education shall provide
legal representation for any past or current members of the
peer review committee and for individuals who testify orally
or in writing in good faith before such committee in any legal
[Title 28B RCW—page 33]
28B.10.650
Title 28B RCW: Higher Education
action which may arise from committee proceedings. [1984
c 137 § 1.]
Additional notes found at www.leg.wa.gov
28B.10.650 Remunerated professional leaves for faculty members of institutions of higher education. It is the
intent of the legislature that when the state and regional universities, The Evergreen State College, and community colleges grant professional leaves to faculty and exempt staff,
such leaves be for the purpose of providing opportunities for
study, research, and creative activities for the enhancement of
the institution’s instructional and research programs.
The boards of regents of the state universities, the boards
of trustees of the regional universities and of The Evergreen
State College and the board of trustees of each community
college district may grant remunerated professional leaves to
faculty members and exempt staff, as defined in RCW
41.06.070, in accordance with regulations adopted by the
respective governing boards for periods not to exceed twelve
consecutive months in accordance with the following provisions:
(1) The remuneration from state general funds and general local funds for any such leave granted for any academic
year shall not exceed the average of the highest quartile of a
rank order of salaries of all full time teaching faculty holding
academic year contracts or appointments at the institution or
in the district.
(2) Remunerated professional leaves for a period of more
or less than an academic year shall be compensated at rates
not to exceed a proportional amount of the average salary as
otherwise calculated for the purposes of subsection (1) of this
section.
(3) The grant of any such professional leave shall be contingent upon a signed contractual agreement between the
respective governing board and the recipient providing that
the recipient shall return to the granting institution or district
following his or her completion of such leave and serve in a
professional status for a period commensurate with the
amount of leave so granted. Failure to comply with the provisions of such signed agreement shall constitute an obligation of the recipient to repay to the institution any remuneration received from the institution during the leave.
(4) The aggregate cost of remunerated professional
leaves awarded at the institution or district during any year,
including the cost of replacement personnel, shall not exceed
the cost of salaries which otherwise would have been paid to
personnel on leaves: PROVIDED, That for community college districts the aggregate cost shall not exceed one hundred
fifty percent of the cost of salaries which would have otherwise been paid to personnel on leaves: PROVIDED FURTHER, That this subsection shall not apply to any community
college district with fewer than seventy-five full time faculty
members and granting fewer than three individuals such
leaves in any given year.
(5) The average number of annual remunerated professional leaves awarded at any such institution or district shall
not exceed four percent of the total number of full time equivalent faculty, as defined by the office of financial management, who are engaged in instruction, and exempt staff as
defined in RCW 41.06.070.
28B.10.650
[Title 28B RCW—page 34]
(6) Negotiated agreements made in accordance with
chapter 28B.52 RCW and entered into after July 1, 1977,
shall be in conformance with the provisions of this section.
(7) The respective institutions and districts shall maintain such information which will ensure compliance with the
provisions of this section. [2004 c 275 § 45; 1985 c 370 § 53;
1981 c 113 § 1; 1979 c 44 § 1; 1979 c 14 § 3. Prior: 1977
ex.s. c 173 § 1; 1977 ex.s. c 169 § 30; 1969 ex.s. c 223 §
28B.10.650; prior: 1959 c 155 § 1. Formerly RCW
28.76.400.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.10.660
28B.10.660 Insurance or protection—Premiums—
Health benefits for graduate student appointees—Students participating in studies or research outside the
United States. (1) The governing boards of any of the state’s
institutions of higher education may make available liability,
life, health, health care, accident, disability and salary protection or insurance or any one of, or a combination of, the enumerated types of insurance, or any other type of insurance or
protection, for the regents or trustees and students of the institution. Except as provided in subsections (2) and (3) of this
section, the premiums due on such protection or insurance
shall be borne by the assenting regents, trustees, or students.
The regents or trustees of any of the state institutions of
higher education may make liability insurance available for
employees of the institutions. The premiums due on such liability insurance shall be borne by the university or college.
(2) A governing board of a public four-year institution of
higher education may make available, and pay the costs of,
health benefits for graduate students holding graduate service
appointments, designated as such by the institution. Such
health benefits may provide coverage for spouses and dependents of such graduate student appointees.
(3) A governing board of a state institution of higher
education may require its students who participate in studies
or research outside of the United States sponsored, arranged,
or approved by the institution to purchase, as a condition of
participation, insurance approved by the governing board,
that will provide coverage for expenses arising from emergency evacuation, repatriation of remains, injury, illness, or
death sustained while participating in the study or research
abroad. The governing board of the institution may bear all
or part of the costs of the insurance. A student shall not be
required to purchase insurance if the student is covered under
an insurance policy that will provide coverage for expenses
arising from emergency evacuation, repatriation of remains,
injury, illness, or death sustained while participating in the
study or research abroad. [2009 c 297 § 1; 1993 sp.s. c 9 § 1;
1979 ex.s. c 88 § 1. Prior: 1973 1st ex.s. c 147 § 4; 1973 1st
ex.s. c 9 § 2; 1971 ex.s. c 269 § 3; 1969 ex.s. c 237 § 4; 1969
ex.s. c 223 § 28B.10.660; prior: 1967 c 135 § 2, part; 1959 c
187 § 1, part. Formerly RCW 28.76.410, part.]
Additional notes found at www.leg.wa.gov
28B.10.665
28B.10.665 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
(2010 Ed.)
Colleges and Universities Generally
28B.10.679 Washington mathematics placement
test—Mathematics college readiness test. (1) By September 1, 2008, the state board for community and technical colleges, the council of presidents, the higher education coordinating board, and the office of the superintendent of public
instruction, under the leadership of the transition math project
and in collaboration with representatives of public two and
four-year institutions of higher education, shall jointly revise
the Washington mathematics placement test to serve as a
common college readiness test for all two and four-year institutions of higher education.
(2) The revised mathematics college readiness test shall
be implemented by all public two and four-year institutions
of higher education by September 1, 2009. All public two
and four-year institutions of higher education must use a
common performance standard on the mathematics placement test for purposes of determining college readiness in
mathematics. The performance standard must be publicized
to all high schools in the state. [2007 c 396 § 10.]
28B.10.679
Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28B.10.680 Precollege course work—Findings—
Intent. The legislature finds that some college students who
have recently graduated from high school must immediately
enroll in one or more precollege classes before they can proceed successfully through college. The legislature also finds
that these students should have received basic skills in
English, reading, spelling, grammar, and mathematics before
graduating from high school. It is the intent of the legislature
that colleges and universities provide information to school
districts about recent graduates who enroll in precollege
classes. It is also the intent of the legislature to encourage
institutions of higher education and the common schools to
work together to solve problems of common concern. [1995
c 310 § 1.]
28B.10.680
28B.10.682 Precollege course work—Adoption of
definitions. By June 30, 1996, in consultation with the commission on student learning, the superintendent of public
instruction, the state board of education, faculty, teachers
from institutions of higher education and high schools, and
others as appropriate, the higher education coordinating
board shall adopt common definitions of remedial and precollege material and course work. The definitions adopted by
the board shall be rigorous, challenging students to come to
college well prepared to engage in college and university
work, and shall be adopted by each institution of higher education as defined in RCW 28B.10.016. [1995 c 310 § 2.]
28B.10.682
28B.10.685 Precollege course work—Enrollment
information—Report. Beginning in 1997, by September
30th of each year, each state university, regional university,
state college, and, for community colleges and technical colleges, the state board for community and technical colleges
shall provide a report to the office of the superintendent of
public instruction, the state board of education, and the commission on student learning under *RCW 28A.630.885. The
report shall contain the following information on students
who, within three years of graduating from a Washington
28B.10.685
(2010 Ed.)
28B.10.695
high school, enrolled the prior year in a state-supported precollege level class at the institution: (1) The number of such
students enrolled in a precollege level class in mathematics,
reading, grammar, spelling, writing, or English; (2) the types
of precollege classes in which each student was enrolled; and
(3) the name of the Washington high school from which each
student graduated.
For students who enrolled in a precollege class within
three years of graduating from a Washington high school,
each institution of higher education shall also report to the
Washington high school from which the student graduated.
The annual report shall include information on the number of
students from that high school enrolled in precollege classes,
and the types of classes taken by the students. [1995 c 310 §
3.]
*Reviser’s note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206.
28B.10.690 Graduation rate improvement—Findings. The legislature finds that, in public colleges and universities, improvement is needed in graduation rates and in the
length of time required for students to attain their educational
objectives. The legislature also finds that public colleges and
universities should offer classes in a way that will permit fulltime students to complete a degree or certificate program in
about the amount of time described in the institution’s catalog as necessary to complete that degree or certificate program. [1993 c 414 § 1.]
28B.10.690
28B.10.691 Graduation rate improvement—Strategic plans—Adoption of strategies. (1) By May 15, 1994,
each state institution of higher education, as part of its strategic plan, shall adopt strategies designed to shorten the time
required for students to complete a degree or certificate and
to improve the graduation rate for all students.
(2) Beginning with the fall 1995-96 academic term, each
institution of higher education as defined in RCW
28B.10.016 shall implement the strategies described in subsection (1) of this section. [1993 c 414 § 2.]
28B.10.691
28B.10.693 Graduation rate improvement—Student
progression understandings. Each institution of higher
education as defined in RCW 28B.10.016 may enter into a
student progression understanding with an interested student.
The terms of the understanding shall permit a student to
obtain a degree or certificate within the standard period of
time assumed for a full-time student pursuing that degree or
certificate. Usually, the standard amount of time will be
about two years for an associate of arts degree and about four
years for a baccalaureate degree. Student progression understandings shall not give rise to any cause of action on behalf
of any student as a result of the failure of any state institution
of higher education to fulfill its obligations under the student
progression understanding. [1993 c 414 § 4.]
28B.10.693
28B.10.695 Timely completion of degree and certificate programs—Adoption of policies. (1) Each four-year
institution of higher education and the state board for community and technical colleges shall develop policies that
ensure undergraduate students enrolled in degree or certifi28B.10.695
[Title 28B RCW—page 35]
28B.10.700
Title 28B RCW: Higher Education
cate programs complete their programs in a timely manner in
order to make the most efficient use of instructional resources
and provide capacity within the institution for additional students.
(2) Policies adopted under this section shall address, but
not be limited to, undergraduate students in the following circumstances:
(a) Students who accumulate more than one hundred
twenty-five percent of the number of credits required to complete their respective baccalaureate or associate degree or
certificate programs;
(b) Students who drop more than twenty-five percent of
their course load before the grading period for the quarter or
semester, which prevents efficient use of instructional
resources; and
(c) Students who remain on academic probation for more
than one quarter or semester.
(3) Policies adopted under this section may include
assessment by the institution of a surcharge in addition to regular tuition and fees to be paid by a student for continued
enrollment. [2003 c 407 § 1.]
28B.10.700 Physical education in curriculum. The
*state board for community college education, the boards of
trustees of the regional universities and of The Evergreen
State College, and the boards of regents of the state universities, with appreciation of the legislature’s desire to emphasize
physical education courses in their respective institutions,
shall provide for the same, being cognizant of legislative
guide lines put forth in RCW 28A.230.050 relating to physical education courses in high schools. [1977 ex.s. c 169 § 31;
1969 ex.s. c 223 § 28B.10.700. Prior: 1963 c 235 § 1, part;
prior: (i) 1923 c 78 § 1, part; 1919 c 89 § 2, part; RRS § 4683,
part. (ii) 1919 c 89 § 5, part; RRS § 4686, part. Formerly
RCW 28.05.040, part.]
28B.10.700
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.10.703 Programs for intercollegiate athletic
competition—Authorized. The governing boards of each of
the state universities, the regional universities, The Evergreen
State College, and community colleges in addition to their
other duties prescribed by law shall have the power and
authority to establish programs for intercollegiate athletic
competition. Such competition may include participation as a
member of an athletic conference or conferences, in accordance with conference rules. [1977 ex.s. c 169 § 32; 1971
ex.s. c 28 § 2.]
28B.10.703
Additional notes found at www.leg.wa.gov
28B.10.704 Funds for assistance of student participants in intercollegiate activities or activities relating to
performing arts. Funds used for purposes of providing
scholarships or other forms of financial assistance to students
in return for participation in intercollegiate athletics in accordance with RCW 28B.10.703 shall include but not be limited
to moneys received as contributed or donated funds, or revenues derived from athletic events, including gate receipts and
28B.10.704
[Title 28B RCW—page 36]
revenues obtained from the licensing of radio and television
broadcasts.
Funds used for purposes of providing scholarships or
other forms of financial assistance to students in return for
participation in curriculum-related activities relating to performing arts shall include but not be limited to moneys
received as contributed or donated funds, or revenues derived
from performing arts events, including admission receipts
and revenues obtained from the licensing of radio and television broadcasts. [1979 ex.s. c 1 § 1; 1973 1st ex.s. c 46 § 9;
1971 ex.s. c 28 § 3.]
Additional notes found at www.leg.wa.gov
28B.10.710 Washington state or Pacific Northwest
history in curriculum. There shall be a one quarter or
semester course in either Washington state history and government, or Pacific Northwest history and government in the
curriculum of all teachers’ colleges and teachers’ courses in
all institutions of higher education. No person shall be graduated from any of said schools without completing said
course of study, unless otherwise determined by the Washington professional educator standards board. Any course in
Washington state or Pacific Northwest history and government used to fulfill this requirement shall include information
on the culture, history, and government of the American
Indian peoples who were the first human inhabitants of the
state and the region. [2006 c 263 § 823; 1993 c 77 § 1; 1969
ex.s. c 223 § 28B.10.710. Prior: 1967 c 64 § 1, part; 1963 c
31 § 1, part; 1961 c 47 § 2, part; 1941 c 203 § 1, part; Rem.
Supp. 1941 § 4898-3, part. Formerly RCW 28.05.050, part.]
28B.10.710
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
28B.10.730 AIDS information—Four-year institutions. The governing board of each state four-year institution
of higher education shall make information available to all
newly matriculated students on methods of transmission of
the human immunodeficiency virus and prevention of
acquired immunodeficiency syndrome. The curricula and
materials shall be reviewed for medical accuracy by the
office on AIDS in coordination with the appropriate regional
AIDS service network. [1988 c 206 § 501.]
28B.10.730
Additional notes found at www.leg.wa.gov
28B.10.776 Budget calculation—Enrollment levels—
Participation rate. It is the policy of the state of Washington
that the essential requirements level budget calculation for
institutions of higher education include enrollment levels
necessary to maintain, by educational sector, the participation
rate funded in the 1993 fiscal year. The participation rate
shall be based on the state’s estimated population ages seventeen and above by appropriate age groups. [1993 sp.s. c 15 §
2.]
28B.10.776
Findings—1993 sp.s. c 15: "The legislature finds that the proportion of
the state budget dedicated to postsecondary educational programs has
decreased for two decades. At the same time, major technological, economic, and demographic changes have exacerbated the need for improved
training and education to maintain a high quality, competitive workforce,
and a well-educated populace to meet the challenges of the twenty-first century. Therefore, the legislature finds that there is increasing need for postsecondary educational opportunities for citizens of the state of Washington.
The legislature declares that the policy of the state of Washington shall
(2010 Ed.)
Colleges and Universities Generally
be to improve the access to, and the quality of, this state’s postsecondary
educational system. The budgetary policy of the state of Washington shall be
to provide a level of protection and commitment to the state’s postsecondary
educational system commensurate with the responsibility of this state to the
educational and professional improvement of its citizens and workforce."
[1993 sp.s. c 15 § 1.]
Additional notes found at www.leg.wa.gov
28B.10.778 Budget calculation—New enrollments—
Funding level—Inflation factor. It is the policy of the state
of Washington that, for new enrollments provided under
RCW 28B.10.776, the essential requirements level budget
calculation for those enrollments shall, each biennium, at a
minimum, include a funding level per full-time equivalent
student that is equal to the rate assumed in the omnibus
appropriations act for the last fiscal year of the previous biennium for the instructional, primary support, and library programs, plus an inflation factor. The inflation factor should be
equivalent to the inflation factor used to calculate basic education in the common school system budget request submitted by the governor. [1993 sp.s. c 15 § 3.]
28B.10.778
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
28B.10.780 Budget calculation—Funding level. It is
the policy of the state of Washington that the essential
requirements level budget calculation for state institutions of
higher education include a funding level per full-time equivalent student that is, each biennium, at a minimum, equal to
the general fund— state and tuition fund rate per student
assumed in the omnibus appropriations act for the last fiscal
year of the previous biennium for the state-funded programs,
minus one-time expenditures and plus an inflation factor. The
inflation factor should be equivalent to the inflation factor
used to calculate basic education in the common school system budget request submitted by the governor. [1993 sp.s. c
15 § 4.]
28B.10.780
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
28B.10.782 Budget calculation—Increased enrollment target level—Availability of information. It is the
policy of the state of Washington that higher education
enrollments be increased in increments each biennium in
order to achieve, by the year 2010, the goals, by educational
sector, adopted by the higher education coordinating board in
its enrollment plan entitled "Design for the 21st Century:
Expanding Higher Education Opportunities in Washington,"
or subsequent revisions adopted by the board.
Per student costs for additional students to achieve this
policy shall be at the same rate per student as enrollments
mandated in RCW 28B.10.776.
For each public college and university, and for the community and technical college system, budget documents generated by the governor and the legislature in the development
and consideration of the biennial omnibus appropriations act
shall display an enrollment target level. The enrollment target
level is the biennial state-funded enrollment increase necessary to fulfill the state policy set forth in this section. The
budget documents shall compare the enrollment target level
with the state-funded enrollment increases contained in the
biennial budget proposals of the governor and each house of
28B.10.782
(2010 Ed.)
28B.10.786
the legislature. The information required by this section shall
be set forth in the budget documents so that enrollment and
cost information concerning the number of students and additional funds needed to reach the enrollment goals are prominently displayed and easily understood.
For the governor’s budget request, the information
required by this section shall be made available in the document entitled "Operating Budget Supporting Data" or its successor document. [1993 sp.s. c 15 § 5.]
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
28B.10.784 Budget calculation—Participation rate
and enrollment level estimates—Recommendations to
governor and legislature. The participation rate used to calculate enrollment levels under RCW 28B.10.776 and
28B.10.782 shall be based on fall enrollment reported in the
higher education enrollment report as maintained by the
office of financial management, fall enrollment as reported in
the management information system of the state board for
community and technical colleges, and the corresponding fall
population forecast by the office of financial management.
Formal estimates of the state participation rates and enrollment levels necessary to fulfill the requirements of RCW
28B.10.776 and 28B.10.782 shall be determined by the office
of financial management as part of its responsibility to
develop and maintain student enrollment forecasts for colleges and universities under RCW 43.62.050. Formal estimates of the state participation rates and enrollment levels
required by this section shall be based on procedures and
standards established by a technical work group consisting of
staff from the higher education coordinating board, the public
four-year institutions of higher education, the state board for
community and technical colleges, the fiscal and higher education committees of the house of representatives and the
senate, and the office of financial management. Formal estimates of the state participation rates and enrollment levels
required by this section shall be submitted to the fiscal committees of the house of representatives and senate on or
before November 15th of each even-numbered year. The
higher education coordinating board shall periodically
review the enrollment goals set forth in RCW 28B.10.776
and 28B.10.782 and submit recommendations concerning
modification of these goals to the governor and to the higher
education committees of the house of representatives and the
senate. [1993 sp.s. c 15 § 6.]
28B.10.784
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
28B.10.786 Budget calculation—Student financial
aid programs. It is the policy of the state of Washington that
financial need not be a barrier to participation in higher education. It is also the policy of the state of Washington that the
essential requirements level budget calculation include funding for state student financial aid programs. The calculation
should, at a minimum, include a funding level equal to the
amount provided in the second year of the previous biennium
in the omnibus appropriations act, adjusted for the percentage
of needy resident students, by educational sector, likely to be
included in any enrollment increases necessary to maintain,
by educational sector, the participation rate funded in the
28B.10.786
[Title 28B RCW—page 37]
28B.10.790
Title 28B RCW: Higher Education
1993 fiscal year. The calculation should also be adjusted to
reflect, by educational sector, any increases in cost of attendance. The cost of attendance figures should be calculated by
the higher education coordinating board and provided to the
office of financial management and appropriate legislative
committees by June 30th of each even-numbered year. [1993
sp.s. c 15 § 7.]
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
28B.10.790 State student financial aid program—
Certain residents attending college or university in
another state, applicability to—Authorization. Washington residents attending any nonprofit college or university in
another state which has a reciprocity agreement with the state
of Washington shall be eligible for the student financial aid
program outlined in chapter 28B.92 RCW if (1) they qualify
as a "needy student" under *RCW 28B.92.030(3), and (2) the
institution attended is a member institution of an accrediting
association recognized by rule of the higher education coordinating board for the purposes of this section and is specifically encompassed within or directly affected by such reciprocity agreement and agrees to and complies with program
rules and regulations pertaining to such students and institutions adopted pursuant to RCW 28B.92.150. [2004 c 275 §
44; 1985 c 370 § 54; 1980 c 13 § 1.]
28B.10.790
*Reviser’s note: Due to the alphabetization of RCW 28B.92.030 pursuant to RCW 1.08.015(2)(k), subsection (3) was changed to subsection (5).
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.10.792 State student financial aid program—
Certain residents attending college or university in
another state, applicability to—Guidelines. The higher
education coordinating board shall develop guidelines for
determining the conditions under which an institution can be
determined to be directly affected by a reciprocity agreement
for the purposes of RCW 28B.10.790: PROVIDED, That no
institution shall be determined to be directly affected unless
students from the county in which the institution is located
are provided, pursuant to a reciprocity agreement, access to
Washington institutions at resident tuition and fee rates to the
extent authorized by Washington law. [1985 c 370 § 55;
1980 c 13 § 2.]
28B.10.792
Additional notes found at www.leg.wa.gov
28B.10.825 Institutional student loan fund for needy
students. The board of trustees or regents of each of the
state’s colleges or universities may allocate from services and
activities fees an amount not to exceed one dollar per quarter
or one dollar and fifty cents per semester to an institutional
student loan fund for needy students, to be administered by
such rules or regulations as the board of trustees or regents
may adopt: PROVIDED, That loans from such funds shall
not be made for terms exceeding twelve months, and the true
annual rate of interest charged shall be six percent. [1971
ex.s. c 279 § 4.]
28B.10.825
Colleges and universities defined: RCW 28B.15.005.
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 38]
28B.10.840 Definitions for purposes of RCW
28B.10.840 through 28B.10.844. The term "institution of
higher education" whenever used in RCW 28B.10.840
through 28B.10.844, shall be held and construed to mean any
public institution of higher education in Washington. The
term "edu cational board" whenever us ed in R CW
28B.10.840 through 28B.10.844, shall be held and construed
to mean the *state board for community college education
and the higher education coordinating board. [1985 c 370 §
57; 1975 1st ex.s. c 132 § 17; 1972 ex.s. c 23 § 1.]
28B.10.840
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.10.842 Actions against regents, trustees, officers,
employees, or agents of institutions of higher education or
educational boards—Defense—Costs—Payment of obligations from liability account. Whenever any action, claim,
or proceeding is instituted against any regent, trustee, officer,
employee, or agent of an institution of higher education or
member of the governing body, officer, employee, or agent of
an educational board arising out of the performance or failure
of performance of duties for, or employment with such institution or educational board, the board of regents or board of
trustees of the institution or governing body of the educational board may grant a request by such person that the attorney general be authorized to defend said claim, suit, or proceeding, and the costs of defense of such action shall be paid
as provided in RCW 4.92.130. If a majority of the members
of a board of regents or trustees or educational board is or
would be personally affected by such findings and determination, or is otherwise unable to reach any decision on the matter, the attorney general is authorized to grant a request.
When a request for defense has been authorized, then any
obligation for payment arising from such action, claim, or
proceedings shall be paid from the liability account, notwithstanding the nature of the claim, pursuant to the provisions of
*RCW 4.92.130 through 4.92.170, as now or hereafter
amended: PROVIDED, That this section shall not apply
unless the authorizing body has made a finding and determination by resolution that such regent, trustee, member of the
educational board, officer, employee, or agent was acting in
good faith. [1999 c 163 § 7; 1975 c 40 § 4; 1972 ex.s. c 23 §
2.]
28B.10.842
*Reviser’s note: RCW 4.92.140 and 4.92.170 were repealed by 1989 c
419 § 18, effective July 1, 1989.
Liability coverage of university personnel and students: RCW 28B.20.250
through 28B.20.255.
Additional notes found at www.leg.wa.gov
28B.10.844 Regents, trustees, officers, employees or
agents of institutions of higher education or educational
boards, insurance to protect and hold personally harmless. The board of regents and the board of trustees of each of
the state’s institutions of higher education and governing
body of an educational board are authorized to purchase
insurance to protect and hold personally harmless any regent,
trustee, officer, employee or agent of their respective institution, any member of an educational board, its officers,
employees or agents, from any action, claim or proceeding
28B.10.844
(2010 Ed.)
Colleges and Universities Generally
instituted against him arising out of the performance or failure of performance of duties for or employment with such
institution or educational board and to hold him harmless
from any expenses connected with the defense, settlement or
monetary judgments from such actions. [1972 ex.s. c 23 § 3.]
Liability coverage of university personnel and students: RCW 28B.20.250
through 28B.20.255.
28B.10.850 Capital improvements, bonds for—
Authorized—Form, terms, conditions, sale, signatures.
For the purpose of providing needed capital improvements
consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for the
institutions of higher education, the state finance committee
is authorized to issue general obligation bonds of the state of
Washington in the sum of thirty million two hundred thousand dollars or so much thereof as shall be required to finance
the capital projects relating to the institutions of higher education as set forth in the capital appropriations act, chapter
114, Laws of 1973 1st ex. sess., to be paid and discharged
within thirty years of the date of issuance in accordance with
Article VIII, section 1 of the Constitution of the state of
Washington.
The state finance committee is authorized to prescribe
the form of such bonds, and the time of sale of all or any portion or portions of such bonds, and the conditions of sale and
issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
[1985 ex.s. c 4 § 13; 1973 1st ex.s. c 135 § 1.]
28B.10.850
28B.10.878
in the state treasury and shall be used exclusively for the purposes specified in RCW 28B.10.850 through 28B.10.855 and
for the payment of expenses incurred in the issuance and sale
of the bonds. [1985 c 57 § 12; 1973 1st ex.s. c 135 § 3.]
Additional notes found at www.leg.wa.gov
28B.10.853 Capital improvements, bonds for—Bond
redemption fund created, purpose—Compelling transfer
of funds to. The state higher education bond redemption
fund of 1973 is hereby created in the state treasury, which
fund shall be exclusively devoted to the payment of interest
on and retirement of the bonds authorized by RCW
28B.10.850 through 28B.10.855. The state finance committee shall, on or before June 30th of each year, certify to the
state treasurer the amount needed in the ensuing twelve
months to meet bond retirement and interest requirements,
and on July 1st of each year the state treasurer shall deposit
such amount in the state higher education bond redemption
fund of 1973 from any general state revenues received in the
state treasury and certified by the state treasurer to be general
state revenues.
The owner and holder of each of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require and compel the transfer and payment of
funds as directed herein. [1973 1st ex.s. c 135 § 4.]
28B.10.853
Additional notes found at www.leg.wa.gov
28B.10.854 Capital improvements, bonds for—Legislature may provide additional means of revenue. The
legislature may provide additional means for raising moneys
for the payment of the interest and principal of the bonds
authorized herein and RCW 28B.10.850 through 28B.10.855
shall not be deemed to provide an exclusive method for such
payment. [1973 1st ex.s. c 135 § 5.]
28B.10.854
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
28B.10.855 Capital improvements, bonds for—As
legal investment for state and municipal funds. The bonds
herein authorized shall be a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1973 1st ex.s. c 135 § 6.]
28B.10.855
28B.10.851 Capital improvements, bonds for—
Account created, purpose. The proceeds from the sale of
the bonds authorized herein, together with all grants, donations, transferred funds and all other moneys which the state
finance committee may direct the state treasurer to deposit
therein shall be deposited in the state higher education construction account hereby created in the state treasury. [1991
sp.s. c 13 § 45; 1985 c 57 § 11; 1973 1st ex.s. c 135 § 2.]
28B.10.851
Additional notes found at www.leg.wa.gov
28B.10.852 Capital improvements, bonds for—Bond
anticipation notes, purpose. At the time the state finance
committee determines to issue such bonds or a portion
thereof, it may, pending the issuing of such bonds, issue, in
the name of the state, temporary notes in anticipation of the
money to be derived from the sale of the bonds, which notes
shall be designated as "bond anticipation notes". Such portion
of the proceeds of the sale of such bonds that may be required
for such purpose shall be applied to the payment of the principal of and interest on such anticipation notes which have
been issued. The proceeds from the sale of bonds or notes
authorized by RCW 28B.10.850 through 28B.10.855 shall be
deposited in the state higher education construction account
28B.10.852
(2010 Ed.)
Additional notes found at www.leg.wa.gov
28B.10.878 G. Robert Ross distinguished faculty
award. The G. Robert Ross distinguished faculty award is
hereby established. The board of trustees at Western Washington University shall establish the guidelines for the selection of the recipients of the G. Robert Ross distinguished faculty award. The board shall establish a local endowment fund
for the deposit of all state funds appropriated for this purpose
and any private donations. The board shall administer the
endowment fund and the award. The principal of the invested
endowment fund shall not be invaded and the proceeds from
the endowment fund may be used to supplement the salary of
the holder of the award, to pay salaries of his or her assistants,
and to pay expenses associated with the holder’s scholarly
work. [1988 c 125 § 2.]
28B.10.878
Finding—1988 c 125 § 2: "The legislature finds that G. Robert Ross,
immediate past president of Western Washington University, was an exemplary university president who helped lead his school to a position of increasing excellence and national prominence. Dr. Ross was a convincing spokes[Title 28B RCW—page 39]
28B.10.890
Title 28B RCW: Higher Education
person for excellence in all areas of education and was a leader who strongly
encouraged the faculty and staff at Western Washington University to be
actively involved in the pursuit of scholarly activities.
The legislature wishes to honor the public spirit, dedication, integrity,
perseverance, inspiration, and accomplishments of Western Washington
University faculty through the creation of the G. Robert Ross Distinguished
Faculty Award." [1988 c 125 § 1.]
Additional notes found at www.leg.wa.gov
28B.10.890 Collegiate license plate fund—Scholarships. (Effective until July 1, 2011.) A collegiate license
plate fund is established in the custody of the state treasurer
for each college or university with a collegiate license plate
program approved by the department [of licensing] under
RCW 46.16.324. All receipts from collegiate license plates
authorized under *RCW 46.16.301 shall be deposited in the
appropriate local college or university nonappropriated, nonallotted fund. Expenditures from the funds may be used only
for student scholarships. Only the president of the college or
university or the president’s designee may authorize expenditures from the fund. [1994 c 194 § 7.]
28B.10.890
*Reviser’s note: RCW 46.16.301 was amended by 1997 c 291 § 5,
deleting authorization for collegiate license plates. For collegiate license
plates, see RCW 46.16.313.
28B.10.890 Collegiate license plate fund—Scholarships. (Effective July 1, 2011.) A collegiate license plate
fund is established in the custody of the state treasurer for
each college or university with a collegiate license plate program approved by the department of licensing under RCW
46.18.225. All receipts from collegiate license plates authorized under RCW 46.17.220 must be deposited in the appropriate local college or university nonappropriated, nonallotted fund. Expenditures from the funds may be used only for
student scholarships. Only the president of the college or
university or the president’s designee may authorize expenditures from the fund. [2010 c 161 § 1102; 1994 c 194 § 7.]
28B.10.890
Effective date—Intent—Legislation to reconcile chapter 161, Laws
of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
28B.10.900 "Hazing" defined. As used in RCW
28B.10.901 and 28B.10.902, "hazing" includes any method
of initiation into a student organization or living group, or
any pastime or amusement engaged in with respect to such an
organization or living group that causes, or is likely to cause,
bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending a public
or private institution of higher education or other postsecondary educational institution in this state. "Hazing" does not
include customary athletic events or other similar contests or
competitions. [1993 c 514 § 1.]
28B.10.900
28B.10.901 Hazing prohibited—Penalty. (1) No student, or other person in attendance at any public or private
institution of higher education, or any other postsecondary
educational institution, may conspire to engage in hazing or
participate in hazing of another.
(2) A violation of this section is a misdemeanor, punishable as provided under RCW 9A.20.021.
(3) Any organization, association, or student living
group that knowingly permits hazing is strictly liable for
28B.10.901
[Title 28B RCW—page 40]
harm caused to persons or property resulting from hazing. If
the organization, association, or student living group is a corporation whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for
damages. [1993 c 514 § 2.]
28B.10.902 Participating in or permitting hazing—
Loss of state-funded grants or awards—Loss of official
recognition or control—Rules. (1) A person who participates in the hazing of another shall forfeit any entitlement to
state-funded grants, scholarships, or awards for a period of
time determined by the institution of higher education.
(2) Any organization, association, or student living
group that knowingly permits hazing to be conducted by its
members or by others subject to its direction or control shall
be deprived of any official recognition or approval granted by
a public institution of higher education.
(3) The public institutions of higher education shall
adopt rules to implement this section. [1993 c 514 § 3.]
28B.10.902
28B.10.903 Conduct associated with initiation into
group or pastime or amusement with group—Sanctions
adopted by rule. Institutions of higher education shall adopt
rules providing sanctions for conduct associated with initiation into a student organization or living group, or any pastime or amusement engaged in with respect to an organization or living group not amounting to a violation of RCW
28B.10.900. Conduct covered by this section may include
embarrassment, ridicule, sleep deprivation, verbal abuse, or
personal humiliation. [1993 c 514 § 4.]
28B.10.903
28B.10.910 Students with disabilities—Core services.
Each student with one or more disabilities is entitled to
receive a core service only if the service is reasonably needed
to accommodate the student’s disabilities. The requesting
student shall make a reasonable request for core services in a
timely manner and the institution of higher education or
agency providing the service shall respond reasonably and in
a timely manner. [1994 c 105 § 2.]
28B.10.910
Intent—1994 c 105: "It is a fundamental aspiration of the people of
Washington that individuals be afforded the opportunity to compete academically. Accordingly, it is an appropriate act of state government, in furtherance of this aspiration, to make available appropriate support services to
those individuals who are able to attend college by virtue of their potential
and desire, but whose educational progress and success is hampered by a
lack of accommodation.
Furthermore, under existing federal and state laws, institutions of
higher education are obligated to provide services to students with disabilities. The legislature does not intend to confer any new or expanded rights,
however, the intent of this act is to provide a clearer, more succinct statement
of those rights than is presently available and put Washington on record as
supporting those rights.
It is the intent of the legislature that these services be provided within
the bounds of the law. Therefore, the institution of higher education’s obligations to provide reasonable accommodations are limited by the defenses
provided in federal and state statutes, such as undue financial burden and
undue hardship." [1994 c 105 § 1.]
28B.10.912 Students with disabilities—Core services
described—Notice of nondiscrimination. Each institution
of higher education shall ensure that students with disabilities
are reasonably accommodated within that institution. The
institution of higher education shall provide students with
28B.10.912
(2010 Ed.)
Colleges and Universities Generally
disabilities with the appropriate core service or services necessary to ensure equal access.
Core services shall include, but not be limited to:
(1) Flexible procedures in the admissions process that
use a holistic review of the student’s potential, including
appropriate consideration in statewide and institutional alternative admissions programs;
(2) Early registration or priority registration;
(3) Sign language, oral and tactile interpreter services, or
other technological alternatives;
(4) Textbooks and other educational materials in alternative media, including, but not limited to, large print, braille,
electronic format, and audio tape;
(5) Provision of readers, notetakers, scribes, and proofreaders including recruitment, training, and coordination;
(6) Ongoing review and coordination of efforts to
improve campus accessibility, including but not limited to,
all aspects of barrier-free design, signage, high-contrast identification of hazards of mobility barriers, maintenance of
access during construction, snow and ice clearance, and adequate disability parking for all facilities;
(7) Facilitation of physical access including, but not limited to, relocating of classes, activities, and services to accessible facilities and orientation if route of travel needs change,
such as at the beginning of a quarter or semester;
(8) Access to adaptive equipment including, but not limited to, TDDs, FM communicators, closed caption devices,
amplified telephone receivers, closed circuit televisions, lowvision reading aids, player/recorders for 15/16 4-track tapes,
photocopy machines able to use eleven-by-seventeen inch
paper, brailling devices, and computer enhancements;
(9) Referral to appropriate on-campus and off-campus
resources, services, and agencies;
(10) Release of syllabi, study guides, and other appropriate instructor-produced materials in advance of general distribution, and access beyond the regular classroom session to
slides, films, overheads and other media and taping of lectures;
(11) Accessibility for students with disabilities to tutoring, mentoring, peer counseling, and academic advising that
are available on campus;
(12) Flexibility in test taking arrangements;
(13) Referral to the appropriate entity for diagnostic
assessment and documentation of the disability;
(14) Flexibility in timelines for completion of courses,
certification, and degree requirements;
(15) Flexibility in credits required to be taken to satisfy
institutional eligibility for financial aid; and
(16) Notification of the institution of higher education’s
policy of nondiscrimination on the basis of disability and of
steps the student may take if he or she believes discrimination
has taken place. This notice shall be included in all formal
correspondence that communicates decisions or policies
adversely affecting the student’s status or rights with the
institution of higher education. This notice shall include the
phone numbers of the United States department of education,
the United States office of civil rights, and the Washington
state human rights commission. [1994 c 105 § 3.]
Intent—1994 c 105: See note following RCW 28B.10.910.
(2010 Ed.)
28B.10.916
28B.10.914 Students with disabilities—Accommodation. Reasonable accommodation for students with disabilities shall be provided as appropriate for all aspects of college
and university life, including but not limited to: Recruitment,
the application process, enrollment, registration, financial
aid, course work, research, academic counseling, housing
programs owned or operated by the institution of higher education, and nonacademic programs and services. [1994 c 105
§ 4.]
28B.10.914
Intent—1994 c 105: See note following RCW 28B.10.910.
28B.10.916 Supplemental instructional materials for
students with print access disability. (1) An individual,
firm, partnership or corporation that publishes or manufactures instructional materials for students attending any public
or private institution of higher education in the state of Washington shall provide to the public or private institution of
higher education, for use by students attending the institution,
any instructional material in an electronic format mutually
agreed upon by the publisher or manufacturer and the public
or private institution of higher education. Computer files or
electronic versions of printed instructional materials shall be
provided; video materials must be captioned or accompanied
by transcriptions of spoken text; and audio materials must be
accompanied by transcriptions. These supplemental materials shall be provided to the public or private institution of
higher education at no additional cost and in a timely manner,
upon receipt of a written request as provided in subsection (2)
of this section.
(2) A written request for supplemental materials must:
(a) Certify that a student with a print access disability
attending or registered to attend a public or participating private institution of higher education has purchased the instructional material or the public or private institution of higher
education has purchased the instructional material for use by
a student with a print access disability;
(b) Certify that the student has a print access disability
that substantially prevents him or her from using standard
instructional materials;
(c) Certify that the instructional material is for use by the
student in connection with a course in which he or she is registered or enrolled at the public or private institution of higher
education; and
(d) Be signed by the coordinator of services for students
with disabilities at the public or private institution of higher
education or by the college or campus official responsible for
monitoring compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) at the public or private
institution of higher education.
(3) An individual, firm, partnership or corporation specified in subsection (1) of this section may also require that, in
addition to the requirements in subsection (2) of this section,
the request include a statement signed by the student agreeing
to both of the following:
(a) He or she will use the instructional material provided
in specialized format solely for his or her own educational
purposes; and
(b) He or she will not copy or duplicate the instructional
material provided in specialized format for use by others.
(4) If a public or private institution of higher education
provides a student with the specialized format version of an
28B.10.916
[Title 28B RCW—page 41]
28B.10.918
Title 28B RCW: Higher Education
instructional material, the media must be copy-protected or
the public or private institution of higher education shall take
other reasonable precautions to ensure that students do not
copy or distribute specialized format versions of instructional
materials in violation of the Copyright Revisions Act of
1976, as amended (17 U.S.C. Sec. 101 et seq.).
(5) For purposes of this section:
(a) "Instructional material or materials" means textbooks
and other materials that are required or essential to a student’s
success in a postsecondary course of study in which a student
with a disability is enrolled. The determination of which
materials are "required or essential to student success" shall
be made by the instructor of the course in consultation with
the official making the request in accordance with guidelines
issued pursuant to subsection (9) of this section. The term
specifically includes both textual and nontextual information.
(b) "Print access disability" means a condition in which
a person’s independent reading of, reading comprehension
of, or visual access to materials is limited or reduced due to a
sensory, neurological, cognitive, physical, psychiatric, or
other disability recognized by state or federal law. The term
is applicable, but not limited to, persons who are blind, have
low vision, or have reading disorders or physical disabilities.
(c) "Structural integrity" means all instructional material,
including but not limited to the text of the material, sidebars,
the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, graphs, charts, illustrations, pictures, equations, formulas, and bibliographies. Structural
order of material shall be maintained. Structural elements,
such as headings, lists, and tables must be identified using
current markup and tools. If good faith efforts fail to produce
an agreement between the publisher or manufacturer and the
public or private institution of higher education, as to an electronic format that will preserve the structural integrity of
instructional materials, the publisher or manufacturer shall
provide the instructional material in a verified and valid
HTML format and shall preserve as much of the structural
integrity of the instructional materials as possible.
(d) "Specialized format" means Braille, audio, or digital
text that is exclusively for use by blind or other persons with
print access disabilities.
(6) Nothing in this section is to be construed to prohibit
a public or private institution of higher education from assisting a student with a print access disability through the use of
an electronic version of instructional material gained through
this section or by transcribing or translating or arranging for
the transcription or translation of the instructional material
into specialized formats that provide persons with print
access disabilities the ability to have increased independent
access to instructional materials. If such specialized format is
made, the public or private institution of higher education
may share the specialized format version of the instructional
material with other students with print access disabilities for
whom the public or private institution of higher education is
authorized to request electronic versions of instructional
material. The addition of captioning to video material by a
Washington public or private institution of higher education
does not constitute an infringement of copyright.
(7) A specialized format version of instructional materials developed at one public or private institution of higher
education in Washington state may be shared for use by a stu[Title 28B RCW—page 42]
dent at another public or private institution of higher education in Washington state for whom the latter public or private
institution of higher education is authorized to request electronic versions of instructional material.
(8) Nothing in this section shall be deemed to authorize
any use of instructional materials that would constitute an
infringement of copyright under the Copyright Revision Act
of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
(9) The governing boards of public and participating private institutions of higher education in Washington state shall
each adopt guidelines consistent with this section for its
implementation and administration. At a minimum, the
guidelines shall address all of the following:
(a) The designation of materials deemed "required or
essential to student success";
(b) The determination of the availability of technology
for the conversion of materials pursuant to subsection (4) of
this section and the conversion of mathematics and science
materials pursuant to subsection (5)(c) of this section;
(c) The procedures and standards relating to distribution
of files and materials pursuant to this section;
(d) The guidelines shall include procedures for granting
exceptions when it is determined that an individual, firm,
partnership or corporation that publishes or manufactures
instructional materials is not technically able to comply with
the requirements of this section; and
(e) Other matters as are deemed necessary or appropriate
to carry out the purposes of this section.
(10) A violation of this chapter constitutes an unfair
practice under chapter 49.60 RCW, the law against discrimination. All rights and remedies under chapter 49.60 RCW,
including the right to file a complaint with the human rights
commission and to bring a civil action, apply. [2004 c 46 §
1.]
28B.10.918 Disability history month—Activities.
Annually, during the month of October, each of the public
institutions of higher education shall conduct or promote educational activities that provide instruction, awareness, and
understanding of disability history and people with disabilities. The activities may include, but not be limited to, guest
speaker presentations. [2008 c 167 § 4.]
28B.10.918
28B.10.920 Performance agreements—Generally.
(1) As used in this section and RCW 28B.10.921 and
28B.10.922, a performance agreement is an agreement
reached between the state and the governing board of an institution of higher education and approved by the legislature
using the process provided in RCW 28B.10.922.
(2) The purpose of a performance agreement is to
develop and communicate a six-year plan developed jointly
by state policymakers and an institution of higher education
that aligns goals, priorities, desired outcomes, flexibility,
institutional mission, accountability, and levels of resources.
(3) Beginning in 2008, performance agreements shall be
pilot-tested with the public four-year institutions of higher
education. [2008 c 160 § 2.]
28B.10.920
Findings—Intent—2008 c 160: "(1) The legislature finds that in the
last ten years, significant progress has been made to identify and monitor
accountability and performance measures in higher education, both internally in institutions and externally in the legislative and state policymaking
(2010 Ed.)
Colleges and Universities Generally
environment.
(2) However, the legislature further finds that opportunities exist to
promote greater visibility of performance measures among policymakers and
among the public consumers of higher education. Policy decisions, including decisions about resource allocation, should be made with greater knowledge and a shared understanding about the tradeoffs between resources, flexibility, and desired outcomes. A forum should be created to allow discussion
among policymakers and institution leaders about setting outcome-oriented
priorities, targeting of investments, linking operating and capital planning,
and creating a longer-term view than the biennial budget cycle typically permits.
(3) Therefore, the legislature intends to implement a process for such
discussions, agreements, and planning to occur. The process of crafting
higher education performance agreements will be pilot-tested over a six-year
period with the public four-year institutions of higher education beginning in
2008." [2008 c 160 § 1.]
28B.10.921 Performance agreements—Contents. (1)
Performance agreements shall address but not be limited to
the following issues:
(a) Indicators that measure outcomes concerning cost,
quality, timeliness of student progress toward degrees and
certifications, and articulation between and within the K-12
and higher education systems;
(b) Benchmarks and goals for long-term degree production, including discrete benchmarks and goals in particular
fields of study;
(c) The level of resources necessary to meet the performance outcomes, benchmarks, and goals, subject to legislative appropriation;
(d) The prioritization of four-year institution capital budget projects by the office of financial management; and
(e) Indicators that measure outcomes concerning recruitment, retention, and success of students, faculty, and staff
from diverse, underrepresented communities.
(2) The goals and outcomes identified in a performance
agreement shall be linked to the role, mission, and strategic
plan of the institution of higher education and aligned with
the statewide strategic master plan for higher education.
(3) Performance agreements may also include grants to
an institution, under the terms of the agreement, of flexibility
or waivers from state controls or rules. The agreement may
identify areas where statutory change is necessary to grant an
institution flexibility or waivers of state agency rules.
(4) The following areas may not be included in a performance agreement:
(a) Flexibility or waivers of requirements in a collective
bargaining agreement negotiated under chapter 28B.52,
41.56, 41.59, 41.76, or 41.80 RCW;
(b) Flexibility or waivers of administrative rules or processes governed by chapter 28B.52, 41.56, 41.59, 41.76, or
41.80 RCW;
(c) Rules, processes, duties, rights, and responsibilities
of the academic faculty as contained in the faculty codes of
the four-year institution;
(d) Flexibility or waivers of requirements under chapter
39.12 RCW;
(e) Flexibility or waivers of administrative rules or other
regulations that address health and safety, civil rights, and
nondiscrimination laws that apply to institutions of higher
education; and
(f) State laws covering terms and conditions of employment, including but not limited to salaries, job security, and
28B.10.921
(2010 Ed.)
28B.10.922
health, retirement, unemployment, or any other employment
benefits. [2008 c 160 § 3.]
Findings—Intent—2008 c 160: See note following RCW 28B.10.920.
28B.10.922 Performance agreements—State committee—Development of final proposals—Implementation—Updates. (1) A state performance agreement committee is created to represent the state in developing performance
agreements under this section and RCW 28B.10.920 and
28B.10.921. The committee is composed of representatives
from the governor’s office, the office of financial management, the higher education coordinating board, the office of
the superintendent of public instruction, two members of the
senate appointed by the secretary of the senate, and two
members of the house of representatives appointed by the
speaker of the house of representatives. The state performance agreement committee shall be staffed by personnel
from the higher education coordinating board.
(2) Each of the participating institutions shall develop a
preliminary draft of a performance agreement with input
from students and faculty. The governing boards of the public four-year institutions of higher education shall designate
performance agreement representatives for each institution
respectively that shall include two faculty members at those
institutions bargaining under chapter 41.76 RCW, at least one
of whom shall be appointed by the exclusive collective bargaining agent and the other appointed by the faculty governance organization of that institution. If the participating
pilot institution does not bargain under chapter 41.76 RCW,
then two faculty members shall be appointed by the faculty
governance organization of that institution. The associated
student governments or their equivalents shall designate two
performance agreement representatives at those institutions.
Starting with the preliminary drafts, the state performance
agreement committee and representatives of each institution
shall develop revised draft performance agreements for each
institution and submit the revised drafts to the governor and
the fiscal and higher education committees of the legislature
no later than September 1, 2008.
(3) After receiving informal input on the revised draft
performance agreements, particularly regarding the levels of
resources assumed in the agreements, the state committee and
institution representatives shall develop final proposed performance agreements and submit the agreements to the governor and the office of financial management by November 1,
2008, for consideration in development of the governor’s
2009-2011 operating and capital budget recommendations.
(4) The state committee shall submit any legislation necessary to implement a performance agreement to the higher
education committees of the senate and house of representatives.
(5) All cost items contained within a performance agreement are subject to legislative appropriation.
(6) If the legislature affirms, through a proviso in the
2009-2011 omnibus appropriations act, that the omnibus
appropriations act and the 2009 capital budget act enacted by
the legislature align with the proposed performance agreements, the performance agreements shall take effect beginning July 1, 2009, through June 30, 2015. If the legislature
affirms, through a proviso in the 2009-2011 omnibus appro28B.10.922
[Title 28B RCW—page 43]
28B.10.923
Title 28B RCW: Higher Education
priations act or through inaction, that the omnibus appropriations act and/or the 2009 capital budget act are not aligned
with the proposed performance agreements, the state committee and institution representatives shall redraft the agreements to align with the enacted budgets, and the redrafted
agreements shall take effect beginning September 1, 2009,
through June 30, 2015.
(7) The legislature, the state committee, and the institution representatives shall repeat the process described in subsection (6) of this section for each subsequent omnibus
appropriations and capital budget act enacted between the
2010 and 2014 legislative sessions to ensure that the performance agreements are updated as necessary to align with
enacted omnibus appropriations and capital budget acts.
[2008 c 160 § 4.]
Findings—Intent—2008 c 160: See note following RCW 28B.10.920.
28B.10.923 Online learning technologies—Common
learning management system for institutions of higher
education. All institutions of higher education are encouraged to use common online learning technologies including,
but not limited to, existing learning management and web
conferencing systems currently managed and governed by
the state board for community and technical colleges; and
share professional development materials and activities
related to effective use of these tools. The state board for
community and technical colleges may adjust existing vendor
licenses to accommodate and provide enterprise services for
any interested institutions of higher education. The common
learning management system shall be designed in a way that
allows for easy sharing of courses, learning objects, and other
digital content among the institutions of higher education.
Institutions of higher education may begin migration to these
common systems immediately. The state board for community and technical colleges shall convene representatives
from each four-year institution of higher education to
develop a shared fee structure. [2009 c 407 § 2.]
28B.10.923
Intent—2009 c 407: "The legislature recognizes that the state must
educate more people to higher levels to adapt to the economic and social
needs of the future. While our public colleges and universities have realized
great success in helping students achieve their dreams, the legislature also
recognizes that much more must be done to prepare current and future students for a twenty-first century economy. To raise the levels of skills and
knowledge needed to sustain the state’s economic prosperity and competitive position in a global environment, the public higher education system
must reach out to every prospective student and citizen in unprecedented
ways, with unprecedented focus.
To reach out to these citizens, the state must dismantle the barriers of
geographic isolation, cost, and competing demands of work and family life.
The state must create a more nimble system of learning that is student-centric, more welcoming of nontraditional and underserved students, easier to
access and use, and more tailored to today’s student needs and expectations.
Technology can play a key role in helping achieve this systemic goal.
While only a decade ago access to personal computers was widely viewed a
luxury, today computers, digital media, electronic information, and content
have changed the nature of how students learn and instructors teach. This
presents a vast, borderless opportunity to extend the reach and impact of the
state’s public educational institutions and educate more people to higher levels.
Each higher education institution and workforce program serves a
unique group of students and as such, has customized its own technology
solutions to meet its emerging needs. While local solutions may have served
institutions of higher education in the past, paying for and operating multiple
technology solutions, platforms, systems, models, agreements, and operational functionality for common applications and support services no longer
serves students or the state.
[Title 28B RCW—page 44]
Today’s students access education differently. Rather than enrolling in
one institution of higher education, staying two to four years and graduating,
today’s learners prefer a cafeteria approach; they often enroll in and move
among multiple institutions - sometimes simultaneously. Rather than sitting
in lecture halls taking notes, they may listen to podcasts of a lecture while
grocery shopping or hold a virtual study group with classmates on a video
chat room. They may prefer hybrid courses where part of their time is spent
in the classroom and part is spent online. They prefer online access for commodity administrative services such as financial aid, admissions, transcript
services, and more.
Institutions of higher education not only must rethink teaching and
learning in a digital-networked world, but also must tailor their administrative and student services technologies to serve the mobile student who
requires dynamic, customized information online and in real time. Because
these relationships are changing so fast and so fundamentally, it is incumbent
on the higher education system to transform its practices just as profoundly.
Therefore, the legislature intends to both study and implement its findings regarding how the state’s public institutions of higher education can
share core resources in instructional, including library, resources, student
services, and administrative information technology resources, user help
desk services, faculty professional development, and more. The study will
examine how public institutions of higher education can pursue a strategy of
implementing single, shared, statewide commonly needed standards-based
software, web hosting and support service solutions that are cost-effective,
easily integrated, user-friendly, flexible, and constantly improving. The full
range of applications that serve students, faculty, and administration shall be
included. Expensive, proprietary, nonstandards-based customized applications, databases and services, and other resources that do not allow for the
transparent sharing of information across institutions, agencies, and educational levels, including K-12, are inconsistent with the state’s objective of
educating more people to higher levels." [2009 c 407 § 1.]
28B.10.980 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 73.]
28B.10.980
Chapter 28B.12
Chapter 28B.12 RCW
STATE WORK-STUDY PROGRAM
(Formerly: College work-study program)
Sections
28B.12.010
28B.12.020
28B.12.030
28B.12.040
28B.12.050
28B.12.055
28B.12.060
28B.12.070
Created.
Purpose.
Definitions.
Board to develop and administer program—Agreements
authorized, limitation.
Disbursal of state work-study funds—Criteria.
Work-study opportunity grant for high-demand occupations.
Rules—Mandatory provisions.
Annual report of institutions to higher education coordinating
board.
28B.12.010 Created. There is hereby created a program of financial aid to students pursuing a post-secondary
education which shall be known as the state work-study program. [1994 c 130 § 1; 1974 ex.s. c 177 § 1.]
28B.12.010
(2010 Ed.)
State Work-Study Program
Additional notes found at www.leg.wa.gov
28B.12.020 Purpose. The purpose of the program created in RCW 28B.12.010 is to provide financial assistance to
needy students, including needy students from middleincome families, attending eligible post-secondary institutions in the state of Washington by stimulating and promoting their employment, thereby enabling them to pursue
courses of study at such institutions. An additional purpose of
this program shall be to provide such needy students, wherever possible, with employment related to their academic or
vocational pursuits. [1994 c 130 § 2; 1974 ex.s. c 177 § 2.]
28B.12.020
Additional notes found at www.leg.wa.gov
28B.12.030 Definitions. As used in this chapter, the
following words and terms shall have the following meanings, unless the context shall clearly indicate another or different meaning or intent:
(1) The term "needy student" shall mean a student
enrolled or accepted for enrollment at a post-secondary institution who, according to a system of need analysis approved
by the higher education coordinating board, demonstrates a
financial inability, either parental, familial, or personal, to
bear the total cost of education for any semester or quarter.
(2) The term "eligible institution" shall mean any postsecondary institution in this state accredited by the Northwest
Association of Schools and Colleges, or a branch of a member institution of an accrediting association recognized by
rule of the board for purposes of this section, that is eligible
for federal student financial aid assistance and has operated
as a nonprofit college or university delivering on-site classroom instruction for a minimum of twenty consecutive years
within the state of Washington, or any public technical college in the state. [2002 c 187 § 2; 1994 c 130 § 3; 1974 ex.s.
c 177 § 3.]
28B.12.030
Additional notes found at www.leg.wa.gov
28B.12.040 Board to develop and administer program—Agreements authorized, limitation. The higher
education coordinating board shall develop and administer
the state work-study program. The board shall be authorized
to enter into agreements with employers and eligible institutions for the operation of the program. These agreements
shall include such provisions as the higher education coordinating board may deem necessary or appropriate to carry out
the purposes of this chapter.
With the exception of off-campus community service
placements, the share from moneys disbursed under the state
work-study program of the compensation of students
employed under such program in accordance with such
agreements shall not exceed eighty percent of the total such
compensation paid such students.
By rule, the board shall define community service placements and may determine any salary matching requirements
for any community service employers. [2009 c 560 § 21;
1994 c 130 § 4; 1993 c 385 § 3; 1985 c 370 § 58; 1974 ex.s. c
177 § 4.]
28B.12.040
Intent—Effective date—Disposition of property and funds—
Assignment/delegation of contractual rights or duties—2009 c 560: See
notes following RCW 18.06.080.
Purpose—1974 ex.s. c 177: See RCW 28B.12.020.
(2010 Ed.)
28B.12.060
Additional notes found at www.leg.wa.gov
28B.12.050 Disbursal of state work-study funds—
Criteria. The higher education coordinating board shall disburse state work-study funds. In performing its duties under
this section, the board shall consult eligible institutions and
post-secondary education advisory and governing bodies.
The board shall establish criteria designed to achieve such
distribution of assistance under this chapter among students
attending eligible institutions as will most effectively carry
out the purposes of this chapter. [1994 c 130 § 5; 1987 c 330
§ 201; 1985 c 370 § 59; 1974 ex.s. c 177 § 5.]
28B.12.050
Additional notes found at www.leg.wa.gov
28B.12.055 Work-study opportunity grant for
high-demand occupations. (1) Within existing resources,
the higher education coordinating board shall establish the
work-study opportunity grant for high-demand occupations,
a competitive grant program to encourage job placements in
high-demand fields. The board shall award grants to eligible
institutions of higher education that have developed a partnership with a proximate organization willing to host workstudy placements. Partner organizations may be nonprofit
organizations, for-profit firms, or public agencies. Eligible
institutions of higher education must verify that all job placements will last for a minimum of one academic quarter or one
academic semester, depending on the system used by the eligible institution of higher education.
(2) The board may adopt rules to identify high-demand
fields for purposes of this section. The legislature recognizes
that the high-demand fields identified by the board may differ
in different regions of the state.
(3) The board may award grants to eligible institutions of
higher education that cover both student wages and program
administration.
(4) The board shall develop performance benchmarks
regarding program success including, but not limited to, the
number of students served, the amount of employer contributions, and the number of participating high-demand employers. [2009 c 215 § 12.]
28B.12.055
Findings—Intent—Effective date—2009 c 215: See notes following
RCW 28B.92.030.
28B.12.060 Rules—Mandatory provisions. The
higher education coordinating board shall adopt rules as may
be necessary or appropriate for effecting the provisions of
this chapter, and not in conflict with this chapter, in accordance with the provisions of chapter 34.05 RCW, the state
higher education administrative procedure act. Such rules
shall include provisions designed to make employment under
the work-study program reasonably available, to the extent of
available funds, to all eligible needy students in eligible postsecondary institutions. The rules shall include:
(1) Providing work under the state work-study program
that will not result in the displacement of employed workers
or impair existing contracts for services;
(2) Furnishing work only to a student who:
(a) Is capable, in the opinion of the eligible institution, of
maintaining good standing in such course of study while
employed under the program covered by the agreement; and
28B.12.060
[Title 28B RCW—page 45]
28B.12.070
Title 28B RCW: Higher Education
(b) Has been accepted for enrollment as at least a halftime student at the eligible institution or, in the case of a student already enrolled in and attending the eligible institution,
is in good standing and in at least half-time attendance there
either as an undergraduate, graduate or professional student;
and
(c) Is not pursuing a degree in theology;
(3) Placing priority on providing:
(a) Work opportunities for students who are residents of
the state of Washington as defined in RCW 28B.15.012 and
28B.15.013, particularly former foster youth as defined in
RCW 28B.92.060;
(b) Job placements in fields related to each student’s academic or vocational pursuits, with an emphasis on off-campus job placements whenever appropriate; and
(c) Off-campus community service placements;
(4) To the extent practicable, limiting the proportion of
state subsidy expended upon nonresident students to fifteen
percent, or such less amount as specified in the biennial
appropriations act;
(5) Provisions to assure that in the state institutions of
higher education, utilization of this work-study program:
(a) Shall only supplement and not supplant classified
positions under jurisdiction of chapter 41.06 RCW;
(b) That all positions established which are comparable
shall be identified to a job classification under the director of
personnel’s classification plan and shall receive equal compensation;
(c) Shall not take place in any manner that would replace
classified positions reduced due to lack of funds or work; and
(d) That work study positions shall only be established at
entry level positions of the classified service unless the overall scope and responsibilities of the position indicate a higher
level; and
(6) Provisions to encourage job placements in high
employer demand occupations that meet Washington’s economic development goals, including those in international
trade and international relations. The board shall permit
appropriate job placements in other states and other countries. [2009 c 172 § 1; 2005 c 93 § 4; 2002 c 354 § 224; 1994
c 130 § 6. Prior: 1993 sp.s. c 18 § 3; 1993 c 281 § 14; 1987
c 330 § 202; 1985 c 370 § 60; 1974 ex.s. c 177 § 6.]
Findings—Intent—2005 c 93: See note following RCW 74.13.570.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Additional notes found at www.leg.wa.gov
28B.12.070
28B.12.070 Annual report of institutions to higher
education coordinating board. Each eligible institution
shall submit to the higher education coordinating board an
annual report in accordance with such requirements as are
adopted by the board. [1994 c 130 § 7; 1985 c 370 § 61; 1974
ex.s. c 177 § 7.]
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 46]
Chapter 28B.13 RCW
1974 BOND ISSUE FOR CAPITAL IMPROVEMENTS
Chapter 28B.13
Sections
28B.13.010 Bonds authorized—Amount—Purpose—Form, conditions of
sale, etc.
28B.13.020 Disposition of proceeds from sale of bonds.
28B.13.030 Bond anticipation notes—Authorized—Payment of principal
and interest on—Disposition of proceeds from sale of bonds
and notes.
28B.13.040 Bond redemption fund—Created—Use—Rights of bond
owner and holder.
28B.13.050 Chapter not exclusive method for payment of interest and principal on bonds.
28B.13.060 Bonds as legal investment for public funds.
28B.13.900 Severability—1974 ex.s. c 181.
State finance committee: Chapter 43.33 RCW.
28B.13.010 Bonds authorized—Amount—Purpose—
Form, conditions of sale, etc. For the purpose of providing
needed capital improvements consisting of the acquisition,
construction, remodeling, furnishing and equipping of state
buildings and facilities for the institutions of higher education, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of
seven million eight hundred one thousand eighty dollars or so
much thereof as shall be required to finance the capital
project relating to institutions of higher education as set forth
in the capital appropriations act, chapter 197 (SSB 3253),
Laws of 1974 ex. sess., to be paid and discharged within
thirty years of the date of issuance in accordance with Article
VIII, section 1 of the Constitution of the state of Washington.
The state finance committee is authorized to prescribe
the form of such bonds, and the time of sale of all or any portion or portions of such bonds, and the conditions of sale and
issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee may
provide that the bonds, or any of them, may be called prior to
the due date thereof under such terms and conditions as it
may determine. The state finance committee may authorize
the use of facsimile signatures in the issuance of the bonds.
[1974 ex.s. c 181 § 1.]
28B.13.010
28B.13.020 Disposition of proceeds from sale of
bonds. The proceeds from the sale of the bonds authorized
by this chapter, together with all grants, donations, transferred funds and all other moneys which the state finance
committee may direct the state treasurer to deposit therein
shall be deposited in the state higher education construction
account in the state general fund. [1974 ex.s. c 181 § 2.]
28B.13.020
28B.13.030 Bond anticipation notes—Authorized—
Payment of principal and interest on—Disposition of proceeds from sale of bonds and notes. At the time the state
finance committee determines to issue such bonds or a portion thereof, it may, pending the issuing of such bonds, issue,
in the name of the state, temporary notes in anticipation of the
money to be derived from the sale of the bonds, which notes
shall be designated as "bond anticipation notes". Such portion
of the proceeds of the sale of such bonds that may be required
for such purpose shall be applied to the payment of the principal of and interest on such anticipation notes which have
28B.13.030
(2010 Ed.)
1975 Bond Issue for Capital Improvements
been issued. The proceeds from the sale of bonds or notes
authorized by this chapter shall be deposited in the state
higher education construction account of the general fund in
the state treasury and shall be used exclusively for the purposes specified in this chapter and for the payment of
expenses incurred in the issuance and sale of the bonds.
[1974 ex.s. c 181 § 3.]
28B.13.040 Bond redemption fund—Created—
Use—Rights of bond owner and holder. The state higher
education bond redemption fund of 1974 is hereby created in
the state treasury, which fund shall be exclusively devoted to
the payment of interest on and retirement of the bonds authorized by this chapter. The state finance committee shall, on or
before June 30th of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet bond
retirement and interest requirements, and on July 1st of each
year the state treasurer shall deposit such amount in the state
higher education bond redemption fund of 1974 from any
general state revenues received in the state treasury and certified by the state treasurer to be general state revenues.
The owner and holder of each of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require and compel the transfer and payment of
funds as directed therein. [1974 ex.s. c 181 § 4.]
28B.13.040
28B.13.050 Chapter not exclusive method for payment of interest and principal on bonds. The legislature
may provide additional means for raising moneys for the payment of the interest and principal of the bonds authorized
herein and this chapter shall not be deemed to provide an
exclusive method for such payment. [1974 ex.s. c 181 § 5.]
28B.13.050
28B.14.040
sisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for the
institutions of higher education, the state finance committee
is hereby authorized to issue from time to time general obligation bonds of the state of Washington in the aggregate principal amount of fourteen million eight hundred eighty thousand dollars, or so much thereof as shall be required to
finance the capital projects relating to institutions of higher
education as determined by the legislature in its capital
appropriations acts from time to time, for such purposes, to
be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1, of the Constitution of the state of Washington. It is the intent of the legislature that in any decision to contract for capital projects
funded as the result of this chapter, full and fair consideration
shall be given to minority contractors. [1975-’76 2nd ex.s. c
126 § 1; 1975 1st ex.s. c 237 § 1.]
Additional notes found at www.leg.wa.gov
28B.14.020 Bond anticipation notes—Authorized—
Payment. When the state finance committee has determined
to issue such general obligation bonds or a portion thereof as
authorized in RCW 28B.14.010, it may, pending the issuance
thereof, issue in the name of the state temporary notes in
anticipation of the issuance of such bonds, which notes shall
be designated as "bond anticipation notes". Such portion of
the proceeds of the sale of such bonds as may be required for
the payment of principal and redemption premium, if any, of
and interest on such notes shall be applied thereto when such
bonds are issued. [1975 1st ex.s. c 237 § 2.]
28B.14.020
Additional notes found at www.leg.wa.gov
28B.14.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is
authorized to prescribe the form, terms, conditions and covenants of the bonds and/or the bond anticipation notes provided for in RCW 28B.14.010 and 28B.14.020, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1975 1st ex.s. c 237 § 3.]
28B.14.030
28B.13.060 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall be a legal
investment for all state funds or for funds under state control
and all funds of municipal corporations. [1974 ex.s. c 181 §
6.]
28B.13.060
28B.13.900 Severability—1974 ex.s. c 181. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1974 ex.s. c 181 § 7.]
28B.13.900
Chapter 28B.14 RCW
1975 BOND ISSUE FOR CAPITAL IMPROVEMENTS
Chapter 28B.14
Sections
28B.14.010 Bonds authorized—Amount—Consideration for minority
contractors on projects so funded.
28B.14.020 Bond anticipation notes—Authorized—Payment.
28B.14.030 Form, terms, conditions, sale and covenants of bonds and
notes.
28B.14.040 Disposition of proceeds from sale of bonds and notes—Use.
28B.14.050 1975 state higher education bond retirement fund—Created—
Purpose.
28B.14.060 Bonds as legal investment for public funds.
28B.14.010 Bonds authorized—Amount—Consideration for minority contractors on projects so funded. For
the purpose of providing needed capital improvements con28B.14.010
(2010 Ed.)
Additional notes found at www.leg.wa.gov
28B.14.040 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes pursuant to
RCW 28B.14.020, the proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds, and all
other moneys which the state finance committee may direct
the state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in this chapter and for
the payment of the expenses incurred in connection with the
sale and issuance of such bonds and bond anticipation notes.
[1975 1st ex.s. c 237 § 4.]
28B.14.040
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 47]
28B.14.050
Title 28B RCW: Higher Education
28B.14.050 1975 state higher education bond retirement fund—Created—Purpose. The 1975 state higher
education bond retirement fund is hereby created in the state
treasury for the purpose of the payment of principal of and
interest on the bonds authorized to be issued pursuant to this
chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such
bonds. On July 1st of each such year the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the 1975 state higher education
bond retirement fund an amount equal to the amount certified
by the state finance committee. [1975 1st ex.s. c 237 § 5.]
28B.14.050
Additional notes found at www.leg.wa.gov
28B.14.060 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975 1st
ex.s. c 237 § 6.]
premium, if any, and interest on such notes shall be applied
thereto when such bonds are issued. [1977 ex.s. c 345 § 2.]
Additional notes found at www.leg.wa.gov
28B.14B.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is
authorized to prescribe the form, terms, conditions and covenants of the bonds and/or the bond anticipation notes provided for in RCW 28B.14B.010 and 28B.14B.020, the time
or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1977 ex.s. c 345 § 3.]
28B.14B.030
Additional notes found at www.leg.wa.gov
28B.14.060
Additional notes found at www.leg.wa.gov
Chapter 28B.14B RCW
1977 BOND ISSUE FOR CAPITAL IMPROVEMENTS
Chapter 28B.14B
Sections
28B.14B.010 Bonds authorized—Amount—Conditions.
28B.14B.020 Bond anticipation notes—Authorized—Payment.
28B.14B.030 Form, terms, conditions, sale and covenants of bonds and
notes.
28B.14B.040 Disposition of proceeds from sale of bonds and notes—Use.
28B.14B.050 State higher education bond retirement fund of 1977—Created—Purpose.
28B.14B.060 Bonds as legal investment for public funds.
28B.14B.010 Bonds authorized—Amount—Conditions. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling,
furnishing and equipping of state buildings and facilities for
the institutions of higher education, the state finance committee is authorized to issue general obligation bonds of the state
of Washington in the sum of nine million five hundred thousand dollars, or so much thereof as may be required to finance
such projects, and all costs incidental thereto. No bonds
authorized by this chapter shall be offered for sale without
prior legislative appropriation, and these bonds shall be paid
and discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1 of the state Constitution. [1977 ex.s. c 345 § 1.]
28B.14B.010
Additional notes found at www.leg.wa.gov
28B.14B.020 Bond anticipation notes—Authorized—Payment. When the state finance committee has
determined to issue such general obligation bonds or a portion thereof as authorized in RCW 28B.14B.010, it may,
pending the issuance thereof, issue in the name of the state
temporary notes in anticipation of the issuance of such bonds,
which notes shall be designated as "bond anticipation notes".
Such portion of the proceeds of the sale of such bonds as may
be required for the payment of principal of and redemption
28B.14B.020
[Title 28B RCW—page 48]
28B.14B.040 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes pursuant to
RCW 28B.14B.020, the proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds, and all
other moneys which the state finance committee may direct
the state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in this chapter and for
the payment of the expenses incurred in connection with the
sale and issuance of such bonds and bond anticipation notes.
[1977 ex.s. c 345 § 4.]
28B.14B.040
Additional notes found at www.leg.wa.gov
28B.14B.050 State higher education bond retirement
fund of 1977—Created—Purpose. The state higher education bond retirement fund of 1977 is hereby created in the
state treasury for the purpose of the payment of principal of
and interest on the bonds authorized to be issued pursuant to
this chapter or, if the legislature so determines, for any bonds
and notes hereafter authorized and issued for the institutions
of higher education.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such
bonds. Not less than thirty days prior to the date on which any
such interest or principal and interest payment is due, the
state treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the state higher
education bond retirement fund of 1977 an amount equal to
the amount certified by the state finance committee to be due
on such payment date. [1977 ex.s. c 345 § 5.]
28B.14B.050
Additional notes found at www.leg.wa.gov
28B.14B.060 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14B.010 through
28B.14B.060 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1977 ex.s. c 345 § 6.]
28B.14B.060
Additional notes found at www.leg.wa.gov
(2010 Ed.)
1977 Bond Act for the Refunding of Outstanding Limited Obligation Revenue Bonds
Chapter 28B.14C RCW
1977 BOND ACT FOR THE REFUNDING OF
OUTSTANDING LIMITED OBLIGATION
REVENUE BONDS
Chapter 28B.14C
Sections
28B.14C.010 Purpose—Bonds authorized—Amount.
28B.14C.020 Refunding as benefit to state.
28B.14C.030 Constitutional and statutory authority applicable—Specific
state finance committee powers.
28B.14C.040 Limitation as to amount of bonds to be issued—Pledge of
state’s credit.
28B.14C.050 Disposition of proceeds of refunding issues.
28B.14C.060 Institutions of higher education refunding bond retirement
fund of 1977—Created—Use.
28B.14C.070 Chapter not exclusive method for payment of interest and
principal on bonds.
28B.14C.080 Chapter as affecting University of Washington building revenue bond redemption.
28B.14C.090 Chapter as affecting Washington State University building
revenue bond redemption.
28B.14C.100 Chapter as affecting Western Washington State College
building and normal school fund revenue bonds.
28B.14C.110 Chapter as affecting Eastern Washington State College building and normal school fund revenue bonds.
28B.14C.120 Chapter as affecting Central Washington State College building and normal school fund revenue bonds.
28B.14C.130 Chapter as affecting Evergreen State College building revenue bonds.
28B.14C.140 Use limited when reserves transferred to state general fund.
28B.14C.900 Severability—1977 ex.s. c 354.
28B.14C.010 Purpose—Bonds authorized—Amount.
The state finance committee is hereby authorized to issue
from time to time on behalf of the state, general obligation
bonds of the state in the amount of forty-eight million six
hundred thousand dollars, or so much thereof as may be
required to refund at or prior to maturity, all or some or any
part of the various issues of outstanding limited obligation
revenue bonds identified below, issued by various of the
institutions of higher education, similarly identified:
(1) University of Washington building revenue bonds,
all series, aggregating $28,850,000 in original principal
amount;
(2) Washington State University building revenue bonds
and building and scientific fund revenue bonds, all series,
aggregating $19,450,000 in original principal amount;
(3) Western Washington State College building and normal school fund revenue bonds, all series, aggregating
$11,620,000 in original principal amount;
(4) Eastern Washington State College building and normal school fund revenue bonds, all series, aggregating
$9,501,000 in original principal amount;
(5) Central Washington State College building and normal school fund revenue bonds, all series, including refunding series, aggregating $8,925,000 in original principal
amount; and
(6) The Evergreen State College building revenue bonds,
all series, aggregating $2,191,125 in original principal
amount. [1985 ex.s. c 4 § 14; 1985 c 390 § 2; 1977 ex.s. c 354
§ 1.]
28B.14C.010
Additional notes found at www.leg.wa.gov
28B.14C.020 Refunding as benefit to state. The
refunding authorized by this chapter is to be carried out primarily for the purpose of releasing for other needs of the state
and its agencies the reserves presently required under existing covenants and statutes to secure payment of the various
28B.14C.020
(2010 Ed.)
28B.14C.050
issues of the bonds to be refunded and, as such, is of substantial benefit to the state. [1977 ex.s. c 354 § 2.]
28B.14C.030 Constitutional and statutory authority
applicable—Specific state finance committee powers.
Subject to the specific requirements of RCW 28B.14C.010
through 28B.14C.140 and 28B.14C.900, such general obligation refunding bonds shall be issued and the refunding plan
carried out in accordance with Article VIII, section 1, of the
state Constitution, in accordance with chapter 39.42 RCW as
presently in effect, and in accordance with the following sections of chapter 39.53 RCW as presently in effect, where
applicable: RCW 39.53.010, 39.53.030, 39.53.060,
39.53.070, 39.53.100, and 39.53.110. The remainder of chapter 39.53 RCW shall not be applicable to the refunding authorized by this chapter.
In addition to the powers granted to the state finance
committee in this subsection, said committee is hereby authorized (1) to determine the times and manner of redemption of
the various bonds to be refunded, if any are to be redeemed
prior to maturity; (2) to carry out all procedures necessary to
accomplish the call for redemption and the subsequent
redemption of the bonds to be refunded on behalf of the board
of regents or the board of trustees, as the case may be, of each
of the institutions which originally issued the bonds to be
refunded; and (3) to determine the time, manner, and call premium, if any, for redemption of the refunding issue or issues,
if any of the bonds of such issue are to be redeemed prior to
maturity. [1977 ex.s. c 354 § 3.]
28B.14C.030
Reviser’s note: Phrases "as presently in effect" would, because of declaration of emergency in section 17 of 1977 ex.s. c 354, be deemed as of July
1, 1977.
28B.14C.040 Limitation as to amount of bonds to be
issued—Pledge of state’s credit. The amount of general
obligation refunding bonds issued shall not exceed 1.05 times
the amount which, taking into account amounts to be earned
from the investment of the proceeds of such issue or issues, is
required to pay the principal of, the interest on, premium of,
if any, on the revenue bonds to be refunded with the proceeds
of the refunding issue or issues.
Each bond issued pursuant to the provisions of this chapter shall contain a pledge of the state’s full faith and credit to
the payment of the principal thereof and the interest thereon
and the state’s unconditional promise to pay said principal
and interest as the same shall become due. [1977 ex.s. c 354
§ 4.]
28B.14C.040
28B.14C.050 Disposition of proceeds of refunding
issues. The proceeds of the refunding issue or issues shall be
invested and applied to the payment of the principal of, interest on and redemption premium, if any, on the bonds to be
refunded, at the times and in the manner determined by the
state finance committee consistent with the provisions and
intent of this chapter. Any investment of such proceeds shall
be made only in direct general obligations of the United
States of America.
Any proceeds in excess of the amounts required to
accomplish the refunding, or any such direct obligation of the
United States of America acquired with such excess proceeds, shall be used to pay the fees and costs incurred in the
28B.14C.050
[Title 28B RCW—page 49]
28B.14C.060
Title 28B RCW: Higher Education
refunding and the balance shall be deposited in the institutions of higher education refunding bond retirement fund of
1977. [1977 ex.s. c 354 § 5.]
28B.14C.060 Institutions of higher education refunding bond retirement fund of 1977—Created—Use. There
is hereby created in the state treasury the institutions of
higher education refunding bond retirement fund of 1977,
which fund shall be devoted to the payment of principal of,
interest on and redemption premium, if any, on the bonds
authorized to be issued pursuant to this chapter.
The state finance committee shall, on or before June 30
of each year, certify to the state treasurer the amount needed
in the next succeeding twelve months to pay the installments
of principal of and interest on the refunding bonds coming
due in such period. The state treasurer shall, not less than
thirty days prior to the due date of each installment, withdraw
from any general state revenues received in the state treasury
an amount equal to the amount certified by the state finance
committee as being required to pay such installment; shall
deposit such amount in the institutions of higher education
refunding bond retirement fund of 1977; and shall apply in a
timely manner the funds so deposited to the payment of the
installment due on the bonds. [1991 sp.s. c 13 § 80; 1977
ex.s. c 354 § 6.]
28B.14C.060
Additional notes found at www.leg.wa.gov
28B.14C.070 Chapter not exclusive method for payment of interest and principal on bonds. The legislature
may provide additional means for the payment of the principal of and interest on bonds issued pursuant to this chapter
and this chapter shall not be deemed to provide an exclusive
method for such payment. [1977 ex.s. c 354 § 7.]
28B.14C.070
28B.14C.080 Chapter as affecting University of
Washington building revenue bond redemption. At such
time as ample provision has been made for full payment,
when due under the terms thereof or upon redemption prior to
maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding University
of Washington building revenue bonds payable from the University of Washington bond retirement fund, which provision
has been made in a refunding plan adopted by the state
finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the
refunding bonds issued pursuant to this chapter, then:
(1) The said University of Washington bonds so
refunded shall be deemed not to be "outstanding" or "unpaid"
for purposes of RCW 28B.20.720, 28B.20.725, 28B.20.800
or any other statute pertaining to said bonds or any covenant
of the University of Washington board of regents pertaining
to said bonds;
(2) The board of regents of the University of Washington
shall, from moneys thereafter paid into the University of
Washington bond retirement fund pursuant to the provisions
of chapter 28B.20 RCW, transfer to the state general fund
amounts sufficient to pay the principal of and the interest on
that portion or series of the refunding bonds necessary to
refund the said University of Washington bonds. The state
finance committee shall determine all matters pertaining to
28B.14C.080
[Title 28B RCW—page 50]
the said transfer, including the amounts to be transferred and
the time and manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.20
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the University of Washington bond retirement fund pursuant to covenants in the said University of
Washington bonds.
(4) Anything to the contrary contained in RCW
28B.20.725 notwithstanding, the board of regents of the University of Washington is empowered to authorize the transfer
from time to time to the University of Washington building
account any moneys in the University of Washington bond
retirement fund in excess of the amounts determined by the
state finance committee to be transferred from such bond
retirement fund in accordance with subsection (2) of this section. [1985 c 390 § 3; 1977 ex.s. c 354 § 8.]
28B.14C.090 Chapter as affecting Washington State
University building revenue bond redemption. At such
time as ample provision has been made for full payment,
when due under the terms thereof or upon redemption prior to
maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Washington State University building revenue bonds and building and
scientific fund revenue bonds payable from the Washington
State University bond retirement fund, which provision has
been made in a refunding plan adopted by the state finance
committee pursuant to the terms of this chapter utilizing a
part of the proceeds and the investment proceeds of the
refunding bonds issued pursuant to this chapter, then:
(1) The said Washington State University bonds so
refunded shall be deemed not to be "outstanding" or "unpaid"
for purposes of RCW 28B.20.720, 28B.30.740, 28B.30.750
or any other statute pertaining to said bonds or any covenant
of Washington State University board of regents pertaining to
said bonds;
(2) The board of regents of Washington State University
shall, from moneys thereafter paid into the Washington State
University bond retirement fund pursuant to the provisions of
chapter 28B.30 RCW, transfer to the state general fund
amounts sufficient to pay the principal of and the interest on
that portion or series of the refunding bonds necessary to
refund the said Washington State University bonds. The state
finance committee shall determine all matters pertaining to
the said transfer, including the amounts to be transferred and
the time and manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.30
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the Washington State University bond
retirement fund pursuant to covenants in the said Washington
State University bonds.
(4) Anything to the contrary contained in RCW
28B.30.750 notwithstanding, the board of regents of Washington State University is empowered to authorize the transfer from time to time to the Washington State University
building account any moneys in the Washington State University bond retirement fund in excess of the amounts deter28B.14C.090
(2010 Ed.)
1977 Bond Act for the Refunding of Outstanding Limited Obligation Revenue Bonds
mined by the state finance committee to be transferred from
such bond retirement fund in accordance with subsection (2)
of this section. [1985 c 390 § 4; 1977 ex.s. c 354 § 9.]
28B.14C.100 Chapter as affecting Western Washington State College building and normal school fund revenue bonds. At such time as ample provision has been made
for full payment, when due under the terms thereof or upon
redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Western Washington State College building and
normal school fund revenue bonds payable from the Western
Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state
finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the
refunding bonds issued pursuant to this chapter, then:
(1) The said Western Washington State College bonds so
refunded shall be deemed not to be "outstanding" or "unpaid"
for purposes of RCW 28B.40.370, 28B.40.750, or, other than
RCW 28B.40.751, any other statute pertaining to said bonds
or any covenant of the board of trustees of Western Washington State College pertaining to said bonds;
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
revenues received by Western Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into
the Western Washington State College capital projects
account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state
general fund, amounts sufficient to pay the principal of and
interest on that portion or series of the refunding bonds necessary to refund the said bonds. The state finance committee
shall determine all matters pertaining to the said transfer,
including the amounts to be transferred and the time and
manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.40
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the Western Washington State College
bond retirement fund pursuant to covenants in the said Western Washington State College bonds. [1985 c 390 § 5; 1977
ex.s. c 354 § 10.]
28B.14C.100
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s.
c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington
University, respectively, creating three regional Universities within the state,
and setting forth the specific laws relating to them in chapter 28B.35 RCW,
and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
Western Washington University capital projects account: RCW 28B.35.370.
28B.14C.110 Chapter as affecting Eastern Washington State College building and normal school fund revenue bonds. At such time as ample provision has been made
28B.14C.110
(2010 Ed.)
28B.14C.120
for full payment, when due under the terms thereof or upon
redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Eastern Washington State College building and normal school fund revenue bonds payable from the Eastern
Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state
finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the
refunding bonds issued pursuant to this chapter, then:
(1) The said Eastern Washington State College bonds so
refunded shall be deemed not to be "outstanding" or "unpaid"
for purposes of RCW 28B.40.370, 28B.40.750, or, other than
RCW 28B.40.751, any other statute pertaining to said bonds
or any covenant of the board of trustees of Eastern Washington State College pertaining to said bonds;
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
revenues received by Eastern Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into
the Eastern Washington State College capital projects
account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state
general fund, amounts sufficient to pay the principal of and
interest on that portion or series of the refunding bonds necessary to refund the said bonds. The state finance committee
shall determine all matters pertaining to the said transfer,
including the amounts to be transferred and the time and
manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.40
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the Eastern Washington State College
bond retirement fund pursuant to covenants in the said Eastern Washington State College bonds. [1985 c 390 § 6; 1977
ex.s. c 354 § 11.]
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s.
c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington
University, respectively, creating three regional universities within the state,
and setting forth the specific laws relating to them in chapter 28B.35 RCW,
and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College.
Eastern Washington University capital projects account: RCW 28B.35.370.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.14C.120 Chapter as affecting Central Washington State College building and normal school fund revenue bonds. At such time as ample provision has been made
for full payment, when due under the terms thereof or upon
redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Central Washington State College building and normal school fund revenue bonds payable from the Central
Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state
finance committee pursuant to the terms of this chapter utiliz28B.14C.120
[Title 28B RCW—page 51]
28B.14C.130
Title 28B RCW: Higher Education
ing a part of the proceeds and the investment proceeds of the
refunding bonds issued pursuant to this chapter, then:
(1) The said Central Washington State College bonds so
refunded shall be deemed not to be "outstanding" or "unpaid"
for purposes of RCW 28B.40.370, 28B.40.750, or, other than
RCW 28B.40.751, any other statute pertaining to said bonds
or any covenant of the board of trustees of Central Washington State College pertaining to said bonds;
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
revenues received by Central Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into
the Central Washington State College capital projects
account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state
general fund, amounts sufficient to pay the principal of and
interest on that portion or series of the refunding bonds necessary to refund the said bonds. The state finance committee
shall determine all matters pertaining to the said transfer,
including the amounts to be transferred and the time and
manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.40
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the Central Washington State College
bond retirement fund pursuant to covenants in the said Central Washington State College bonds. [1985 c 390 § 7; 1977
ex.s. c 354 § 12.]
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s.
c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington
University, respectively, creating three regional universities within the state
and setting forth the specific laws relating to them in chapter 28B.35 RCW
and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College.
Central Washington University capital projects account: RCW 28B.35.370.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.14C.130 Chapter as affecting Evergreen State
College building revenue bonds. At such time as ample
provision has been made for full payment, when due under
the terms thereof or upon redemption prior to maturity, of all
the principal of and interest on and redemption premium, if
applicable, on all the outstanding Evergreen State College
building revenue bonds payable from the Evergreen State
College bond retirement fund, which provision has been
made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of
the proceeds and the investment proceeds of the refunding
bonds issued pursuant to this chapter, then:
(1) The said Evergreen State College bonds so refunded
shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or, other than RCW
28B.40.751, any other statute pertaining to said bonds or any
covenant of the board of trustees of The Evergreen State College pertaining to said bonds;
28B.14C.130
[Title 28B RCW—page 52]
(2) Anything to the contrary in chapter 28B.40 RCW
notwithstanding, all building fees and all normal school fund
revenues received by The Evergreen State College pursuant
to RCW 28B.40.751 shall thenceforth be deposited into the
Evergreen State College capital projects account and the
board of trustees of said college shall thereafter transfer from
said capital projects account to the state general fund,
amounts sufficient to pay the principal of and interest on that
portion or series of the refunding bonds necessary to refund
the said bonds. The state finance committee shall determine
all matters pertaining to the said transfer, including the
amounts to be transferred and the time and manner of transfer; and
(3) Anything to the contrary contained in chapter 28B.40
RCW notwithstanding, the state treasurer shall immediately
transfer to the state general fund all reserves, less any amount
required to effect the refunding, which have been accumulated theretofore in the Evergreen State College bond retirement fund pursuant to covenants in the said Evergreen State
College bonds. [1985 c 390 § 8; 1977 ex.s. c 354 § 13.]
Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and
28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s.
c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington
University, respectively, creating three regional universities within the state,
and setting forth the specific laws relating to them in chapter 28B.35 RCW,
and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College.
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
28B.14C.140 Use limited when reserves transferred
to state general fund. Any reserves transferred to the state
general fund by the state treasurer pursuant to RCW
28B.14C.080(3), 28B.14C.090(3), 28B.14C.100(3),
28B.14C.110(3), 28B.14C.120(3), or 28B.14C.130(3) shall
be appropriated and expended solely for the maintenance and
support of the institutions listed in RCW 28B.14C.010.
[1977 ex.s. c 354 § 14.]
28B.14C.140
28B.14C.900 Severability—1977 ex.s. c 354. If any
provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provisions to other persons or circumstances shall not be affected. [1977 ex.s. c 354 § 15.]
28B.14C.900
Chapter 28B.14D RCW
1979 BOND ISSUE FOR CAPITAL IMPROVEMENTS
Chapter 28B.14D
Sections
28B.14D.010 Bonds authorized—Amount—Conditions.
28B.14D.020 Bond anticipation notes—Authorized—Payment.
28B.14D.030 Form, terms, conditions, sale and covenants of bonds and
notes.
28B.14D.040 Disposition of proceeds from sale of bonds and notes—
Higher education construction account.
28B.14D.050 Administration and use of proceeds from bonds and notes.
28B.14D.060 Higher education bond retirement fund of 1979—Created—
Purpose—Treasurer’s duties.
28B.14D.070 Building or capital projects account moneys deposited in
general fund.
28B.14D.080 Bonds as legal investment for public funds.
(2010 Ed.)
1979 Bond Issue for Capital Improvements
28B.14D.090 Prerequisite for issuance of bonds.
28B.14D.900 Construction—Provisions as subordinate in nature.
28B.14D.950 Severability—1979 ex.s. c 253.
28B.14D.010 Bonds authorized—Amount—Conditions. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling,
furnishing, and equipping of state buildings and facilities for
the institutions of higher education, the state finance committee is authorized to issue from time to time general obligation
bonds of the state of Washington in the sum of forty-six million dollars, or so much thereof as may be required, to finance
these projects and all costs incidental thereto. No bonds
authorized by this chapter shall be offered for sale without
prior legislative appropriation, and these bonds shall be paid
and discharged within thirty years of the date of issuance in
accordance with Article VIII, section 1 of the state Constitution. [1979 ex.s. c 253 § 1.]
28B.14D.010
28B.14D.020 Bond anticipation notes—Authorized—Payment. When the state finance committee has
determined to issue the general obligation bonds or a portion
thereof as authorized in RCW 28B.14D.010, it may, pending
the issuance thereof, issue in the name of the state temporary
notes in anticipation of the issuance of the bonds, which notes
shall be designated as "bond anticipation notes." Such portion of the proceeds of the sale of the bonds as may be
required for the payment of principal of and redemption premium, if any, and interest on the notes shall be applied
thereto when the bonds are issued. [1979 ex.s. c 253 § 2.]
28B.14D.020
28B.14D.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is
authorized to prescribe the form, terms, conditions, and covenants of the bonds and the bond anticipation notes provided
for in RCW 28B.14D.010 and 28B.14D.020, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and
interest thereon when due. [1979 ex.s. c 253 § 3.]
28B.14D.030
28B.14D.040 Disposition of proceeds from sale of
bonds and notes—Higher education construction
account. The proceeds from the sale of the bonds authorized
in this chapter, together with all grants, donations, transferred
funds, and all other moneys which the state finance committee or the board of regents or board of trustees of any of the
state institutions of higher education may direct the state treasurer to deposit therein, shall be deposited in the higher education construction account hereby created in the state treasury. [1991 sp.s. c 13 § 8; 1985 c 57 § 13; 1979 ex.s. c 253 §
4.]
28B.14D.040
Additional notes found at www.leg.wa.gov
28B.14D.050 Administration and use of proceeds
from bonds and notes. Subject to legislative appropriation,
all proceeds of the bonds and bond anticipation notes authorized in this chapter shall be administered and expended by
the boards of regents or the boards of trustees of the state
28B.14D.090
institutions of higher education exclusively for the purposes
specified in this chapter and for the payment of the expenses
incurred in connection with the sale and issuance of such
bonds and bond anticipation notes. [1979 ex.s. c 253 § 5.]
28B.14D.060 Higher education bond retirement fund
of 1979—Created—Purpose—Treasurer’s duties. The
higher education bond retirement fund of 1979 is hereby created in the state treasury for the purpose of the payment of
principal of and interest on the bonds authorized to be issued
under this chapter or, if the legislature so determines, for any
bonds and notes hereafter authorized and issued for the institutions of higher education.
Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the
bonds and bond anticipation notes authorized by this chapter
remaining in the higher education construction account shall
be transferred by the state treasurer upon authorization of the
board of regents or the board of trustees of each institution, as
appropriate, to the higher education bond retirement fund of
1979 to reduce the transfer or transfers required by RCW
28B.14D.070.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the higher education bond retirement fund of 1979 an amount equal to the
amount certified by the state finance committee to be due on
the payment date. [1979 ex.s. c 253 § 6.]
28B.14D.060
28B.14D.070 Building or capital projects account
moneys deposited in general fund. On or before June 30th
of each year the state finance committee shall determine the
relative shares of the principal and interest payments determined pursuant to RCW 28B.14D.060, exclusive of deposit
interest credit, attributable to each of the institutions of higher
education in proportion to the principal amount of bonds
issued under this chapter for purposes of funding projects for
each institution. On each date on which any interest or principal and interest payment is due, the board of regents or the
board of trustees of each institution of higher education shall
cause the amount so computed to be paid out of the appropriate building account or capital projects account to the state
treasurer for deposit into the general fund of the state treasury. [1979 ex.s. c 253 § 7.]
28B.14D.070
28B.14D.080 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1979 ex.s. c
253 § 8.]
28B.14D.080
28B.14D.050
(2010 Ed.)
28B.14D.090 Prerequisite for issuance of bonds. The
bonds authorized by this chapter shall be issued only after an
officer designated by the board of regents or board of trustees
of each institution of higher education receiving an appropri28B.14D.090
[Title 28B RCW—page 53]
28B.14D.900
Title 28B RCW: Higher Education
ation from the higher education construction account has certified, based upon his estimates of future tuition income and
other factors, that an adequate balance will be maintained in
that institution’s building account or capital projects account
to enable the board to meet the requirements of RCW
28B.14D.070 during the life of the bonds to be issued. [1979
ex.s. c 253 § 9.]
28B.14D.900 Construction—Provisions as subordinate in nature. No provision of this chapter or *chapter
43.99 RCW, or of RCW 28B.20.750 through 28B.20.758
shall be deemed to repeal, override, or limit any provision of
RCW 28B.10.300 through 28B.10.335, 28B.15.210,
28B.15.310, 28B.20.700 through 28B.20.745, 28B.30.700
through 28B.30.780, or 28B.35.700 through 28B.35.790, nor
any provision or covenant of the proceedings of the board of
regents or board of trustees of any state institution of higher
education heretofore or hereafter taken in the issuance of its
revenue bonds secured by a pledge of its building fees and/or
other revenues mentioned within such statutes. The obligation of such boards to make the transfers provided for in
RCW 28B.14D.070, 28B.14C.080(2), 28B.14C.090(2),
28B.14C.100(2), 28B.14C.110(2), 28B.14C.120(2),
28B.14C.130(2), 28B.14G.060, 28B.20.757, 43.99G.070,
and 43.99H.060 (1) and (4), and in any similar law heretofore
or hereafter enacted shall be subject and subordinate to the
lien and charge of any revenue bonds heretofore or hereafter
issued by such boards on the building fees and/or other revenues pledged to secure such revenue bonds, and on the moneys in the building account or capital project account and the
individual institutions of higher education bond retirement
funds. [1991 sp.s. c 31 § 9; 1985 c 390 § 9; 1979 ex.s. c 253
§ 10.]
28B.14D.900
*Reviser’s note: Chapter 43.99 RCW was recodified as chapter
79A.25 RCW pursuant to 1999 c 249 § 1601.
Additional notes found at www.leg.wa.gov
28B.14D.950 Severability—1979 ex.s. c 253. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1979 ex.s. c 253 § 12.]
28B.14D.950
Chapter 28B.14E RCW
1979 BOND ISSUE FOR CAPITAL IMPROVEMENTS
Chapter 28B.14E
Sections
28B.14E.010 Bonds authorized—Amount—Conditions.
28B.14E.020 Bond anticipation notes—Authorized—Payment.
28B.14E.030 Form, terms, conditions, sale and covenants of bonds and
notes.
28B.14E.040 Disposition of proceeds from sale of bonds and notes—Use.
28B.14E.050 Existing fund utilized for payment of principal and interest—
Treasurer’s duties.
28B.14E.060 Bonds as legal investment for public funds.
28B.14E.950 Severability—1979 ex.s. c 223.
28B.14E.010 Bonds authorized—Amount—Conditions. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling,
furnishing and equipping of state buildings and facilities for
the institutions of higher education, the state finance commit28B.14E.010
[Title 28B RCW—page 54]
tee is authorized to issue general obligation bonds of the state
of Washington in the sum of fourteen million dollars, or so
much thereof as may be required, to finance these projects,
and all costs incidental thereto. No bonds authorized by this
chapter shall be offered for sale without prior legislative
appropriation, and these bonds shall be paid and discharged
within thirty years of the date of issuance in accordance with
Article VIII, section 1 of the state Constitution. [1979 ex.s. c
223 § 1.]
28B.14E.020 Bond anticipation notes—Authorized—Payment. When the state finance committee has
determined to issue the general obligation bonds or a portion
thereof as authorized in RCW 28B.14E.010, it may, pending
the issuance thereof, issue in the name of the state temporary
notes in anticipation of the issuance of the bonds, which notes
shall be designated as "bond anticipation notes". Such portion
of the proceeds of the sale of the bonds as may be required for
the payment of principal of and redemption premium, if any,
and interest on the notes shall be applied thereto when the
bonds are issued. [1979 ex.s. c 223 § 2.]
28B.14E.020
28B.14E.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is
authorized to prescribe the form, terms, conditions, and covenants of the bonds and/or the bond anticipation notes provided for in RCW 28B.14E.010 and 28B.14E.020, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and
interest thereon when due. [1979 ex.s. c 223 § 3.]
28B.14E.030
28B.14E.040 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes under RCW
28B.14E.020, the proceeds from the sale of the bonds and/or
bond anticipation notes authorized in this chapter, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee may direct the
state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in this chapter and for
the payment of the expenses incurred in connection with the
sale and issuance of the bonds and bond anticipation notes.
[1979 ex.s. c 223 § 4.]
28B.14E.040
28B.14E.050 Existing fund utilized for payment of
principal and interest—Treasurer’s duties. The state
higher education bond retirement fund of 1977 in the state
treasury shall be used for the purpose of the payment of principal of and interest on the bonds authorized to be issued
under this chapter or, if the legislature so determines, for any
bonds and notes hereafter authorized and issued for the institutions of higher education.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the pay28B.14E.050
(2010 Ed.)
Bond Issues for Capital Improvements
ment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the state higher
education bond retirement fund of 1977 an amount equal to
the amount certified by the state finance committee to be due
on the payment date. [1979 ex.s. c 223 § 5.]
28B.14E.060 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14E.010 through
28B.14E.050 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1979 ex.s. c 223 § 6.]
28B.14F.060
finance these projects, and all costs incidental thereto. No
bonds authorized by this section may be offered for sale without prior legislative appropriation. [1981 c 232 § 1.]
28B.14F.020 Bonds to pledge credit of state, promise
to pay. Each bond shall pledge the full faith and credit of the
state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due.
[1981 c 232 § 2.]
28B.14F.020
28B.14E.060
28B.14E.950 Severability—1979 ex.s. c 223. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1979 ex.s. c 223 § 8.]
28B.14E.950
Chapter 28B.14F RCW
BOND ISSUES FOR CAPITAL IMPROVEMENTS
Chapter 28B.14F
Sections
1981 BOND ISSUE
28B.14F.010
28B.14F.020
28B.14F.030
28B.14F.040
28B.14F.050
Bonds authorized—Amount—Condition.
Bonds to pledge credit of state, promise to pay.
Disposition of proceeds from sale of bonds—Use.
Existing fund utilized for payment of principal and interest—Committee and treasurer’s duties.
Bonds as legal investment for public funds.
1983 BOND ISSUE
28B.14F.060
28B.14F.062
28B.14F.064
28B.14F.066
28B.14F.068
Bonds authorized—Amount—Condition.
Disposition of proceeds from sale of bonds—Use.
Existing fund utilized for payment of principal and interest—Committee and treasurer’s duties—Form and conditions of bonds.
Refunding bonds—Legislature may provide additional
means for payment.
Bonds as legal investment for public funds.
1984 BOND ISSUE
28B.14F.070
28B.14F.072
28B.14F.074
28B.14F.076
28B.14F.078
Bonds authorized—Amount—Condition.
Disposition of proceeds from sale of bonds—Use.
Existing fund utilized for payment of principal and interest.
Legislature may provide additional methods of raising
money.
Bonds as legal investment for public funds.
28B.14F.950
28B.14F.951
28B.14F.952
Severability—1981 c 232.
Severability—1983 1st ex.s. c 58.
Severability—1984 c 264.
CONSTRUCTION
1981 BOND ISSUE
28B.14F.010 Bonds authorized—Amount—Condition. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling,
furnishing and equipping of state buildings and facilities for
the institutions of higher education, including facilities for
the community college system, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of eight million one hundred thousand dollars, or so much thereof as may be required, to
28B.14F.030 Disposition of proceeds from sale of
bonds—Use. The proceeds from the sale of the bonds authorized in RCW 28B.14F.010 through 28B.14F.050, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee may direct the
state treasurer to deposit therein, shall be deposited in the
state higher education construction account of the general
fund in the state treasury. All such proceeds shall be used
exclusively for the purposes specified in RCW 28B.14F.010
through 28B.14F.050 and for the payment of the expenses
incurred in connection with the sale and issuance of the
bonds. [1981 c 232 § 3.]
28B.14F.030
28B.14F.040 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties. The state higher education bond retirement fund of
1977 in the state treasury shall be used for the purpose of the
payment of principal of and interest on the bonds authorized
to be issued under RCW 28B.14F.010 through 28B.14F.050.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the state higher
education bond retirement fund of 1977 an amount equal to
the amount certified by the state finance committee to be due
on the payment date.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1981 c 232 § 4.]
28B.14F.040
28B.14F.050 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14F.010 through
28B.14F.040 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1981 c 232 § 5.]
28B.14F.050
1983 BOND ISSUE
28B.14F.010
(2010 Ed.)
28B.14F.060 Bonds authorized—Amount—Condition. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling,
furnishing and equipping of state buildings and facilities for
the institutions of higher education, including facilities for
the community college system, the state finance committee is
authorized to issue general obligation bonds of the state of
28B.14F.060
[Title 28B RCW—page 55]
28B.14F.062
Title 28B RCW: Higher Education
Washington in the sum of eleven million two hundred fifty
thousand dollars, or so much thereof as may be required, to
finance these projects and all costs incidental thereto. No
bonds authorized in this section may be offered for sale without prior legislative appropriation. [1983 1st ex.s. c 58 § 1.]
28B.14F.062
28B.14F.062 Disposition of proceeds from sale of
bonds—Use. The proceeds from the sale of the bonds authorized in RCW 28B.14F.060, together with all grants, donations, transferred funds, and all other moneys which the state
finance committee may direct the state treasurer to deposit
therein, shall be deposited in the state higher education construction account in the general fund and shall be used exclusively for the purposes specified in RCW 28B.14F.060 and
for the payment of expenses incurred in the issuance and sale
of the bonds. [1983 1st ex.s. c 58 § 2.]
28B.14F.064
28B.14F.064 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties—Form and conditions of bonds. The state higher
education bond retirement fund of 1977 shall be used for the
payment of the principal of and interest on the bonds authorized in RCW 28B.14F.060.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in the
state higher education bond retirement fund of 1977 an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
Bonds issued under RCW 28B.14F.060 shall state that
they are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1983 1st ex.s. c
58 § 3.]
28B.14F.066
28B.14F.066 Refunding bonds—Legislature may
provide additional means for payment. The legislature
may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized
in RCW 28B.14F.060, and RCW 28B.14F.064 shall not be
deemed to provide an exclusive method for the payment.
[1983 1st ex.s. c 58 § 4.]
1984 BOND ISSUE
28B.14F.070 Bonds authorized—Amount—Condition. For the purpose of acquiring land and providing needed
capital improvements consisting of the acquisition, design,
construction, repair, modification, and equipping of state
buildings and facilities, including heating and utility distribution systems, for the community college system and the University of Washington, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of eight million six hundred seventy
thousand dollars, or so much thereof as may be required, to
finance these projects and all costs incidental thereto. Bonds
authorized in this section may be sold at such price as the
state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the
bonds. [1984 c 264 § 1.]
28B.14F.070
28B.14F.072 Disposition of proceeds from sale of
bonds—Use. The proceeds from the sale of the bonds authorized in RCW 28B.14F.070, together with all grants, donations, transferred funds, and all other moneys which the state
finance committee may direct the state treasurer to deposit
therein, shall be deposited in the state higher education construction account in the general fund and shall be used exclusively for the purposes specified in RCW 28B.14F.070 and
for the payment of expenses incurred in the issuance and sale
of the bonds. [1984 c 264 § 2.]
28B.14F.072
28B.14F.074 Existing fund utilized for payment of
principal and interest. The state higher education bond
retirement fund of 1977 shall be used for the payment of the
principal of and interest on the bonds authorized in RCW
28B.14F.070.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to meet the bond retirement and
interest requirements. Not less than thirty days prior to the
date on which any interest or principal and interest payment
is due, the state treasurer shall withdraw from any general
state revenues received in the state treasury and deposit in the
state higher education bond retirement fund of 1977 an
amount equal to the amount certified by the state finance
committee to be due on the payment date.
Bonds issued under RCW 28B.14F.070 shall state that
they are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1984 c 264 § 3.]
28B.14F.074
28B.14F.068
28B.14F.068 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14F.060 shall be
a legal investment for all state funds or funds under state control and for all funds of any other public body. [1983 1st ex.s.
c 58 § 5.]
[Title 28B RCW—page 56]
28B.14F.076 Legislature may provide additional
methods of raising money. The legislature may provide
additional means for raising moneys for the payment of the
principal of and interest on the bonds authorized in RCW
28B.14F.076
(2010 Ed.)
1981 Bond Issue for Capital Improvements (1981 c 233)
28B.14F.070, and RCW 28B.14F.074 shall not be deemed to
provide an exclusive method for the payment. [1984 c 264 §
4.]
28B.14F.078 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.14F.070 shall be
a legal investment for all state funds or funds under state control and for all funds of any other public body. [1984 c 264 §
5.]
28B.14F.078
CONSTRUCTION
28B.14F.950 Severability—1981 c 232. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1981 c 232 § 6.]
28B.14F.950
28B.14F.951 Severability—1983 1st ex.s. c 58. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1983 1st ex.s. c 58 § 6.]
28B.14F.951
28B.14F.952 Severability—1984 c 264. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1984 c 264 § 6.]
28B.14F.952
Chapter 28B.14G RCW
1981 BOND ISSUE FOR CAPITAL IMPROVEMENTS
(1981 C 233)
Chapter 28B.14G
Sections
28B.14G.010
28B.14G.020
28B.14G.030
28B.14G.040
28B.14G.050
28B.14G.060
28B.14G.070
28B.14G.080
28B.14G.900
28B.14G.950
Bonds authorized—Amount—Condition.
Bonds to pledge credit of state, promise to pay.
Disposition of proceeds from sale of bonds.
Administration and expenditure of proceeds from sale of
bonds—Condition.
Existing fund utilized for payment of principal and interest—
Committee and treasurer’s duties.
Apportioning shares of principal and interest payments—
Committee and treasurer’s duties.
Bonds as legal investment for public funds.
Issuance of bonds subject to certification of maintenance of
fund balances.
Construction—Provisions as subordinate in nature.
Severability—1981 c 233.
28B.14G.010 Bonds authorized—Amount—Condition. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling,
furnishing, and equipping of state buildings and facilities for
the institutions of higher education and capital improvements
consisting of land acquisition, construction, remodeling, furnishing, and equipping of the hospital and related facilities
for the University of Washington, the state finance committee
is authorized to issue from time to time general obligation
bonds of the state of Washington in the sum of eighty-six million dollars, or so much thereof as may be required, to finance
these projects and all costs incidental thereto. No bonds
authorized by this section may be offered for sale without
prior legislative appropriation. [1981 c 233 § 1.]
28B.14G.010
(2010 Ed.)
28B.14G.060
28B.14G.020 Bonds to pledge credit of state, promise
to pay. Each bond shall pledge the full faith and credit of the
state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due.
[1981 c 233 § 2.]
28B.14G.020
28B.14G.030 Disposition of proceeds from sale of
bonds. The proceeds from the sale of the bonds authorized in
this chapter, together with all grants, donations, transferred
funds, and all other moneys which the state finance committee or the board of regents or board of trustees of any of the
state institutions of higher education may direct the state treasurer to deposit therein, shall be deposited in the higher education construction account of the general fund. [1981 c 233
§ 3.]
28B.14G.030
28B.14G.040 Administration and expenditure of
proceeds from sale of bonds—Condition. Subject to legislative appropriation, all proceeds of the bonds authorized in
this chapter shall be administered and expended by the
boards of regents or the boards of trustees of the state institutions of higher education exclusively for the purposes specified in this chapter and for the payment of the expenses
incurred in connection with the sale and issuance of such
bonds. [1981 c 233 § 4.]
28B.14G.040
28B.14G.050 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties. The higher education bond retirement fund of 1979
shall be used for the purpose of the payment of principal of
and interest on the bonds authorized to be issued under this
chapter.
Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the
bonds authorized by this chapter remaining in the higher education construction account shall be transferred by the state
treasurer upon authorization of the board of regents or the
board of trustees of each institution, as appropriate, to the
higher education bond retirement fund of 1979 to reduce the
transfer or transfers required by RCW 28B.14G.060.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the higher education bond retirement fund of 1979 an amount equal to the
amount certified by the state finance committee to be due on
the payment date. [1981 c 233 § 5.]
28B.14G.050
28B.14G.060 Apportioning shares of principal and
interest payments—Committee and treasurer’s duties.
On or before June 30th of each year the state finance committee shall determine the relative shares of the principal and
interest payments determined under RCW 28B.14G.050,
exclusive of deposit interest credit, attributable to each of the
institutions of higher education in proportion to the principal
amount of bonds issued under this chapter for purposes of
28B.14G.060
[Title 28B RCW—page 57]
28B.14G.070
Title 28B RCW: Higher Education
funding projects for each institution. On each date on which
any interest or principal and interest payment is due, the
board of regents or the board of trustees of each institution of
higher education shall cause the amount so computed to be
paid out of the appropriate building account or capital
projects account to the state treasurer for deposit into the general fund of the state treasury: PROVIDED, That the amount
of such principal and interest attributable to any hospitalrelated project at the University of Washington shall be paid
out of the appropriate local hospital account. [1981 c 233 §
6.]
28B.14G.070 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1981 c 233
§ 7.]
28B.14G.070
28B.14G.080 Issuance of bonds subject to certification of maintenance of fund balances. The bonds authorized by this chapter shall be issued only after an officer designated by the board of regents or board of trustees of each
institution of higher education receiving an appropriation
from the higher education construction account has certified,
based upon his estimates of future tuition income and other
factors, that an adequate balance will be maintained in that
institution’s building account or capital projects account to
enable the board to meet the requirements of RCW
28B.14G.060 during the life of the bonds to be issued: PROVIDED, That with respect to any hospital-related project at
the University of Washington, it shall be certified, based on
estimates of the hospital’s adjusted gross revenues and other
factors, that an adequate balance will be maintained in that
institution’s local hospital account to enable the board to
meet the requirements of RCW 28B.14G.060 during the life
of the bonds to be issued. [1981 c 233 § 8.]
28B.14G.080
28B.14G.900 Construction—Provisions as subordinate in nature. No provision of this chapter shall be deemed
to repeal, override, or limit any provision of RCW
28B.15.210, 28B.15.310, *28B.15.402, 28B.20.700 through
28B.20.745, 28B.30.700 through 28B.30.780, or 28B.35.700
through 28B.35.790, nor any provision or covenant of the
proceedings of the board of regents or board of trustees of
any state institution of higher education hereafter taken in the
issuance of its revenue bonds secured by a pledge of its building fees and/or other revenues mentioned within such statutes. The obligation of the board to make the transfers provided for in RCW 28B.14G.060, chapters 28B.14C and
28B.14D RCW, and RCW 28B.20.757 shall be subject and
subordinate to the lien and charge of any revenue bonds hereafter issued against building fees and/or other revenues
pledged to pay and secure such bonds, and on the moneys in
the building account, capital project account, the individual
institutions of higher education bond retirement funds and the
University of Washington hospital local fund. [1985 c 390 §
10; 1982 1st ex.s. c 48 § 14; 1981 c 233 § 9.]
28B.14G.900
*Reviser’s note: RCW 28B.15.402 was repealed by 1995 1st sp.s. c 9
§ 13.
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 58]
28B.14G.950 Severability—1981 c 233. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1981 c 233 § 10.]
28B.14G.950
Chapter 28B.14H RCW
WASHINGTON’S FUTURE BOND ISSUE
Chapter 28B.14H
Sections
28B.14H.005
28B.14H.010
28B.14H.020
28B.14H.030
28B.14H.040
28B.14H.050
28B.14H.060
28B.14H.070
28B.14H.080
28B.14H.090
28B.14H.100
28B.14H.110
Intent.
Definitions.
Washington’s future bonds authorized.
Bond issuance—Intent.
Terms and covenants.
Proceeds.
Projects for the 2005-07 and 2007-09 biennia—Intent.
Payment procedures.
Bonds—Legal investment for public funds.
Additional methods of paying debt service authorized.
Chapter supplemental.
Creation of the Gardner-Evans higher education construction
account.
28B.14H.900 Severability—2003 1st sp.s. c 18.
28B.14H.901 Short title.
28B.14H.902 Captions not law.
28B.14H.005 Intent. The state’s institutions of higher
education are a vital component of the future economic prosperity of our state. In order to ensure that Washington continues to be able to provide a highly qualified workforce that can
attract businesses and support the economic vitality of the
state, it is the intent of chapter 18, Laws of 2003 1st sp. sess.
to provide new money for capital projects to help fulfill
higher education needs across the state.
This new source of funding for the critical capital needs
of the state’s institutions of higher education furthers the mission of higher education and is intended to enhance the abilities of those institutions, over the next six years, to fulfill
their critical roles in maintaining and stimulating the state’s
economy.
It is the intent of the legislature that this new source of
funding not displace funding levels for the capital and operating budgets of the institutions of higher education. It is
instead intended that the new funding will allow the institutions, over the next three biennia, to use the current level of
capital funding to provide for many of those urgent preservation, replacement, and maintenance needs that have been
deferred. This approach is designed to maintain or improve
the current infrastructure of our institutions of higher education, and simultaneously to provide new instruction and
research capacity to serve the increasing number of traditional college-aged students and those adults returning to college to update skills or retrain so that they can meet the
demands of Washington’s changing workforce. This new
source of funding may also be used for major preservation
projects that renovate, replace, or modernize facilities to
enhance capacity/access by maintaining or improving the
usefulness of existing space for important instruction and
research programs. [2003 1st sp.s. c 18 § 2.]
28B.14H.005
28B.14H.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
28B.14H.010
(2010 Ed.)
Washington’s Future Bond Issue
(1) "Bonds" means bonds, notes, commercial paper, certificates of indebtedness, or other evidences of indebtedness
of the state issued under this chapter.
(2) "Institutions of higher education" means the University of Washington and Washington State University, Western Washington University at Bellingham, Central Washington University at Ellensburg, Eastern Washington University
at Cheney, The Evergreen State College, and the community
colleges and technical colleges as defined by RCW
28B.50.030.
(3) "Washington’s future bonds" means all or any portion of the general obligation bonds authorized in RCW
28B.14H.020. [2003 1st sp.s. c 18 § 3.]
28B.14H.020
28B.14H.020 Washington’s future bonds authorized.
(1) For the purpose of providing needed capital improvements consisting of the predesign, design, acquisition, construction, modification, renovation, expansion, equipping,
and other improvement of state buildings and facilities for the
institutions of higher education, the state finance committee
is authorized to issue general obligation bonds of the state of
Washington in the sum of seven hundred seventy-two million
five hundred thousand dollars, or so much thereof as may be
required, to finance all or a part of the cost of these projects
and all costs incidental thereto. The bonds issued under the
authority of this section shall be known as Washington’s
future bonds.
(2) Bonds authorized in this section shall be sold in the
manner, at the time or times, in amounts, and at such prices as
the state finance committee shall determine.
(3) No bonds authorized in this section may be offered
for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. [2003 1st sp.s. c 18 § 4.]
28B.14H.030
28B.14H.030 Bond issuance—Intent. It is the intent
of the legislature that the proceeds of new bonds authorized
in this chapter will be appropriated in phases over three biennia, beginning with the 2003-2005 biennium, to provide additional funding for capital projects and facilities of the institutions of higher education above historical levels of funding.
This chapter is not intended to limit the legislature’s ability to appropriate bond proceeds if the full amount authorized
in this chapter has not been appropriated after three biennia,
and the authorization to issue bonds contained in this chapter
does not expire until the full authorization has been appropriated and issued. [2003 1st sp.s. c 18 § 5.]
28B.14H.040
28B.14H.040 Terms and covenants. (1) The state
finance committee is authorized to prescribe the form, terms,
conditions, and covenants of the bonds provided for in this
chapter, the time or times of sale of all or any portion of them,
and the conditions and manner of their sale and issuance.
(2) Bonds issued under this chapter shall state that they
are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due. [2003 1st sp.s. c 18 § 6.]
(2010 Ed.)
28B.14H.070
28B.14H.050 Proceeds. (1)(a) The proceeds from the
sale of the bonds authorized in RCW 28B.14H.020 shall be
deposited in the Gardner-Evans higher education construction account created in RCW 28B.14H.110.
(b) If the state finance committee deems it necessary to
issue the bonds authorized in RCW 28B.14H.020 as taxable
bonds in order to comply with federal internal revenue service rules and regulations pertaining to the use of nontaxable
bond proceeds, the proceeds of such taxable bonds shall be
deposited to the state taxable building construction account in
lieu of any deposit otherwise provided by this section. The
state treasurer shall submit written notice to the director of
financial management if it is determined that any such
deposit to the state taxable building construction account is
necessary. Moneys in the account may be spent only after
appropriation.
(2) The proceeds shall be used exclusively for the purposes in RCW 28B.14H.020 and for the payment of the
expenses incurred in connection with the sale and issuance of
the bonds. [2005 c 487 § 6; 2003 1st sp.s. c 18 § 7.]
28B.14H.050
Severability—Effective date—2005 c 487: See RCW 43.99S.900 and
43.99S.901.
28B.14H.060 Projects for the 2005-07 and 2007-09
biennia—Intent. The legislature intends to use the proceeds
from the sale of bonds issued under this chapter for the following projects during the 2005-07 and 2007-09 biennia:
(1) For the University of Washington:
(a) Life sciences I building;
(b) Bothell branch campus phase 2B;
(2) For Washington State University:
(a) Spokane Riverpoint campus - academic center building;
(b) Pullman campus - Holland Library renovation;
(c) Pullman campus - biotechnology/life sciences 1;
(d) TriCities campus - bioproducts and sciences building; and
(e) Intercollegiate College of Nursing, Spokane - nursing
building at Riverpoint;
(3) For Eastern Washington University: Hargreaves
Hall;
(4) For Central Washington University: Hogue technology;
(5) For The Evergreen State College:
(a) Daniel J. Evans building;
(b) Communications building and theater expansion;
(6) For Western Washington University:
(a) Academic instructional center;
(b) Parks Hall;
(c) Performing Arts Center renovation;
(7) For the community and technical college system:
(a) Green River Community College science building;
(b) Walla Walla Community College basic skills/computer lab;
(c) Pierce College Puyallup, communication arts and
allied health; or
(8) For other projects that maintain or increase access to
institutions of higher education. [2003 1st sp.s. c 18 § 8.]
28B.14H.060
28B.14H.070 Payment procedures. (1) The debt-limit
general fund bond retirement account shall be used for the
28B.14H.070
[Title 28B RCW—page 59]
28B.14H.080
Title 28B RCW: Higher Education
payment of the principal of and interest on the bonds authorized in this chapter.
(2) The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in
this chapter.
(3) On each date on which any interest or principal and
interest payment is due on bonds issued under this chapter,
the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the debtlimit general fund bond retirement account an amount equal
to the amount certified by the state finance committee to be
due on the payment date.
(4) The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2003 1st
sp.s. c 18 § 9.]
28B.14H.080
28B.14H.080 Bonds—Legal investment for public
funds. The bonds authorized by this chapter shall constitute
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [2003 1st
sp.s. c 18 § 10.]
28B.14H.090
28B.14H.090 Additional methods of paying debt service authorized. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the bonds authorized under this chapter, and
RCW 28B.14H.070 shall not be deemed to provide an exclusive method for payment. [2003 1st sp.s. c 18 § 11.]
28B.14H.100
28B.14H.100 Chapter supplemental. This chapter
provides a complete, additional, and alternative method for
accomplishing the purposes of this chapter and is supplemental and additional to powers conferred by other laws. The
issuance of bonds under this chapter shall not be deemed to
be the only method to fund projects under this chapter. [2003
1st sp.s. c 18 § 12.]
28B.14H.110
28B.14H.110 Creation of the Gardner-Evans higher
education construction account. The Gardner-Evans
higher education construction account is created in the state
treasury. Proceeds from the bonds issued under RCW
28B.14H.020 shall be deposited in the account. The account
shall be used for purposes of RCW 28B.14H.020. Moneys in
the account may be spent only after appropriation. [2003 1st
sp.s. c 18 § 13.]
28B.14H.900
28B.14H.900 Severability—2003 1st sp.s. c 18. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [2003 1st sp.s. c 18 § 15.]
28B.14H.901
28B.14H.901 Short title. This act shall be known as the
building Washington’s future act. [2003 1st sp.s. c 18 § 1.]
[Title 28B RCW—page 60]
28B.14H.902 Captions not law. Captions used in this
act are not any part of the law. [2003 1st sp.s. c 18 § 14.]
28B.14H.902
Chapter 28B.15
Chapter 28B.15 RCW
COLLEGE AND UNIVERSITY FEES
Sections
28B.15.005
28B.15.011
"Colleges and universities" defined.
Classification as resident or nonresident student—Legislative intent.
28B.15.012 Classification as resident or nonresident student—Definitions.
28B.15.013 Classification as resident or nonresident student—Standards
for determining domicile in the state—Presumptions—
Cut-off date for classification application change.
28B.15.0131 Resident tuition rates—American Indian students.
28B.15.0139 Resident tuition rates—Border county higher education
opportunity project.
28B.15.014 Exemption from nonresident tuition fees differential.
28B.15.015 Classification as resident or nonresident student—Board to
adopt rules relating to students’ residency status, recovery
of fees.
28B.15.020 "Tuition fees" defined—Use.
28B.15.022 "Nonresident tuition fees differential" defined.
28B.15.025 "Building fees" defined—Use.
28B.15.031 "Operating fees"—Defined—Disposition.
28B.15.041 "Services and activities fees" defined.
28B.15.043 "Services and activities fees"—Allocations from for institutional loan fund for needy students.
28B.15.044 Services and activities fees—Legislative declaration on
expenditure.
28B.15.045 Services and activities fees—Guidelines governing establishment and funding of programs supported by—Scope—
Mandatory provisions—Dispute resolution.
28B.15.051 "Technology fees"—Defined—Use—Student government
approval.
28B.15.065 Adjustment of state appropriations for needy student financial aid.
28B.15.066 General fund appropriations to institutions of higher education.
28B.15.067 Tuition fees—Established.
28B.15.068 Tuition fees increase limitations—State funding goals—
Reports—"Global challenge states"—Notification of
availability of American opportunity tax credit.
28B.15.0681 Tuition billing statements—Disclosures to students—Notice
of federal educational tax credits.
28B.15.069 Building fees—Services and activities fees—Other fees.
28B.15.100 Tuition and fees set by individual institutions—Limitations—Tuition and fees for certain part-time, additional
time, and out-of-state students.
28B.15.110 Tuition and fees when joint program of four year institutions—Supplemental fees, when.
28B.15.210 Fees—University of Washington—Disposition of building
fees.
28B.15.220 Fees—University of Washington—Disposition of special
fees.
28B.15.225 Exemption from fees of schools of medicine or dentistry at
University of Washington—Exemption from nonresident
tuition fees differential for participants in the Washington,
Alaska, Montana, Idaho, or Wyoming program at Washington State University.
28B.15.310 Fees—Washington State University—Disposition of building fees.
28B.15.380 Exemption from payment of fees at state universities,
regional universities, and The Evergreen State College—
Children and surviving spouses of certain law enforcement
officers, firefighters, or state patrol officers.
28B.15.385 "Totally disabled" defined for certain purposes.
28B.15.411 Fees—Installment payments.
28B.15.450 Gender equity—Intent.
28B.15.455 Gender equity—Goals.
28B.15.460 Gender equity—Tuition and fee waivers—Institutional plan
for underrepresented gender class.
28B.15.465 Gender equity—Reports.
28B.15.470 Gender equity—"Underrepresented gender class," "equitable" defined.
28B.15.475 Gender equity—Construction—1989 c 340.
28B.15.515 Community colleges—State-funded enrollment levels—
Summer school—Enrollment level variances.
28B.15.520 Waiver of fees and nonresident tuition fees differential—
Community colleges.
(2010 Ed.)
College and University Fees
28B.15.522
28B.15.524
28B.15.526
28B.15.527
28B.15.540
28B.15.543
28B.15.544
28B.15.545
28B.15.546
28B.15.555
28B.15.556
28B.15.558
28B.15.600
28B.15.605
28B.15.610
28B.15.615
28B.15.621
28B.15.625
28B.15.700
28B.15.725
28B.15.730
28B.15.732
28B.15.734
28B.15.736
28B.15.740
28B.15.750
28B.15.752
28B.15.754
28B.15.756
28B.15.758
28B.15.760
28B.15.762
28B.15.764
28B.15.766
28B.15.790
28B.15.792
28B.15.794
28B.15.796
28B.15.800
28B.15.805
28B.15.820
28B.15.821
28B.15.900
28B.15.910
28B.15.915
(2010 Ed.)
Waiver of tuition and fees for long-term unemployed or
underemployed persons—Community colleges.
Community college international student exchange program.
Community college international student exchange program—Resident tuition for participants authorized.
Waiver of nonresident tuition fees differential for students of
foreign nations—Community colleges.
Waiver of tuition and fees for residents sixty years of age or
older—Limitations.
Waiver or grant of tuition and fees for recipients of the Washington scholars award—Qualifications.
Waiver of nonresident tuition fees differential for western
undergraduate exchange program students.
Waiver of tuition and fees for recipients of the Washington
award for vocational excellence—Grants.
Second-year waiver of tuition and fees for recipients of the
Washington award for vocational excellence.
Waiver of tuition and fees for students of foreign nations—
Intent.
Waiver of tuition and fees for students of foreign nations—
Authorized—Limitations.
Waiver of tuition and fees for state employees and educational employees.
Refunds or cancellation of fees—Four-year institutions of
higher education.
Refunds or cancellation of fees—Community colleges and
technical colleges.
Voluntary fees of students.
Exemption from resident operating fees and technology fees
for persons holding graduate service appointments.
Tuition waivers—Veterans and national guard members—
Dependents—Private institutions.
Rights of Washington national guard and other military
reserve students called to active service.
Nonresident tuition fees—Exemption under Western
regional higher education compact contracts.
Home tuition programs.
Waiver of nonresident tuition fees differential—Washington/Oregon reciprocity program.
Washington/Oregon reciprocity tuition and fee program—
Reimbursement when greater net revenue loss.
Washington/Oregon reciprocity tuition and fee program—
Implementation agreement.
Washington/Oregon reciprocity tuition and fee program—
Program review.
Limitation on total tuition and fee waivers.
Waiver of nonresident tuition fees differential—Washington/Idaho reciprocity program.
Washington/Idaho reciprocity tuition and fee program—
Reimbursement when greater net revenue loss.
Washington/Idaho reciprocity tuition and fee program—
Implementation agreement—Program review.
Waiver of nonresident tuition fees differential—Washington/British Columbia reciprocity program.
Washington/British Columbia reciprocity tuition and fee program—Implementation agreement—Program review.
Loan program for mathematics and science teachers—Definitions.
Loan program for mathematics and science teachers—Terms
and conditions—Collection—Disposition of payments—
Rules.
Loan program for mathematics and science teachers—Cooperation by board and institutions of higher education.
Loan program for mathematics and science teachers—Duration—Legislative budget committee review.
Effective communication—Intent.
Effective communication—Principles.
Effective communication—Implementation of principles.
Effective communication—Task force to improve communication and teaching skills of faculty and teaching assistants.
Pledged bond retirement funds to be set aside from tuition
and fees—1977 ex.s. c 322.
Pledged bond retirement funds to be set aside from tuition
and fees—1981 c 257.
Institutional financial aid fund—"Eligible student" defined.
Dual credit program—Definition.
"State universities," "regional universities," "state college,"
"institutions of higher education," and "postsecondary
institutions" defined.
Limitation on total operating fees revenue waived, exempted,
or reduced—Outreach to veterans.
Waiver of operating fees—Report.
28B.15.980
28B.15.012
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Uniform minor student capacity to borrow act: Chapter 26.30 RCW.
28B.15.005 "Colleges and universities" defined. (1)
"Colleges and universities" for the purposes of this chapter
shall mean Central Washington University at Ellensburg,
Eastern Washington University at Cheney, Western Washington University at Bellingham, The Evergreen State College in Thurston county, community colleges as are provided
for in chapter 28B.50 RCW, the University of Washington,
and Washington State University.
(2) "State universities" for the purposes of this chapter
shall mean the University of Washington and Washington
State University.
(3) "Regional universities" for the purposes of this chapter shall mean Central Washington University, Eastern
Washington University and Western Washington University.
[1977 ex.s. c 169 § 33; 1971 ex.s. c 279 § 1.]
28B.15.005
Additional notes found at www.leg.wa.gov
28B.15.011 Classification as resident or nonresident
student—Legislative intent. It is the intent of the legislature
that the state institutions of higher education shall apply uniform rules as prescribed in RCW 28B.15.012 through
28B.15.014, and not otherwise, in determining whether students shall be classified as resident students or nonresident
students for all tuition and fee purposes. [1971 ex.s. c 273 §
1.]
28B.15.011
Additional notes found at www.leg.wa.gov
28B.15.012 Classification as resident or nonresident
student—Definitions. Whenever used in this chapter:
(1) The term "institution" shall mean a public university,
college, or community college within the state of Washington.
(2) The term "resident student" shall mean:
(a) A financially independent student who has had a
domicile in the state of Washington for the period of one year
immediately prior to the time of commencement of the first
day of the semester or quarter for which the student has registered at any institution and has in fact established a bona
fide domicile in this state primarily for purposes other than
educational;
(b) A dependent student, if one or both of the student’s
parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for
which the student has registered at any institution;
(c) A student classified as a resident based upon domicile
by an institution on or before May 31, 1982, who was
enrolled at a state institution during any term of the 19821983 academic year, so long as such student’s enrollment
(excepting summer sessions) at an institution in this state is
continuous;
(d) Any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools
in this state, whose parents or legal guardians have been
domiciled in the state for a period of at least one year within
the five-year period before the student graduates from high
school, and who enrolls in a public institution of higher edu28B.15.012
[Title 28B RCW—page 61]
28B.15.012
Title 28B RCW: Higher Education
cation within six months of leaving high school, for as long as
the student remains continuously enrolled for three quarters
or two semesters in any calendar year;
(e) Any person who has completed the full senior year of
high school and obtained a high school diploma, both at a
Washington public high school or private high school
approved under chapter 28A.195 RCW, or a person who has
received the equivalent of a diploma; who has lived in Washington for at least three years immediately prior to receiving
the diploma or its equivalent; who has continuously lived in
the state of Washington after receiving the diploma or its
equivalent and until such time as the individual is admitted to
an institution of higher education under subsection (1) of this
section; and who provides to the institution an affidavit indicating that the individual will file an application to become a
permanent resident at the earliest opportunity the individual
is eligible to do so and a willingness to engage in any other
activities necessary to acquire citizenship, including but not
limited to citizenship or civics review courses;
(f) Any person who has lived in Washington, primarily
for purposes other than educational, for at least one year
immediately before the date on which the person has enrolled
in an institution, and who holds lawful nonimmigrant status
pursuant to 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L), or
who holds lawful nonimmigrant status as the spouse or child
of a person having nonimmigrant status under one of those
subsections, or who, holding or having previously held such
lawful nonimmigrant status as a principal or derivative, has
filed an application for adjustment of status pursuant to 8
U.S.C. Sec. 1255(a);
(g) A student who is on active military duty stationed in
the state or who is a member of the Washington national
guard;
(h) A student who is the spouse or a dependent of a person who is on active military duty stationed in the state. If the
person on active military duty is reassigned out-of-state, the
student maintains the status as a resident student so long as
the student is continuously enrolled in a degree program;
(i) A student who resides in the state of Washington and
is the spouse or a dependent of a person who is a member of
the Washington national guard;
(j) A student of an out-of-state institution of higher education who is attending a Washington state institution of
higher education pursuant to a home tuition agreement as
described in RCW 28B.15.725;
(k) A student who meets the requirements of RCW
28B.15.0131: PROVIDED, That a nonresident student
enrolled for more than six hours per semester or quarter shall
be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such
period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state
unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes
other than educational;
(l) A student who resides in Washington and is on active
military duty stationed in the Oregon counties of Columbia,
Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington; or
[Title 28B RCW—page 62]
(m) A student who resides in Washington and is the
spouse or a dependent of a person who resides in Washington
and is on active military duty stationed in the Oregon counties of Columbia, Gilliam, Hood River, Multnomah, Clatsop,
Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa,
Wasco, or Washington. If the person on active military duty
moves from Washington or is reassigned out of the Oregon
counties of Columbia, Gilliam, Hood River, Multnomah,
Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union,
Wallowa, Wasco, or Washington, the student maintains the
status as a resident student so long as the student resides in
Washington and is continuously enrolled in a degree program.
(3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the
provisions of this section and RCW 28B.15.013. Except for
students qualifying under subsection (2)(e) or (j) of this section, a nonresident student shall include:
(a) A student attending an institution with the aid of
financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for
one year after the completion of such semester or quarter.
(b) A person who is not a citizen of the United States of
America who does not have permanent or temporary resident
status or does not hold "Refugee-Parolee" or "Conditional
Entrant" status with the United States citizen and immigration services or is not otherwise permanently residing in the
United States under color of law and who does not also meet
and comply with all the applicable requirements in this section and RCW 28B.15.013.
(4) The term "domicile" shall denote a person’s true,
fixed and permanent home and place of habitation. It is the
place where the student intends to remain, and to which the
student expects to return when the student leaves without
intending to establish a new domicile elsewhere. The burden
of proof that a student, parent or guardian has established a
domicile in the state of Washington primarily for purposes
other than educational lies with the student.
(5) The term "dependent" shall mean a person who is not
financially independent. Factors to be considered in determining whether a person is financially independent shall be
set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited
to, the state and federal income tax returns of the person
and/or the student’s parents or legal guardian filed for the calendar year prior to the year in which application is made and
such other evidence as the board may require.
(6) The term "active military duty" means the person is
serving on active duty in:
(a) The armed forces of the United States government; or
(b) The Washington national guard; or
(c) The coast guard, merchant mariners, or other nonmilitary organization when such service is recognized by the
United States government as equivalent to service in the
armed forces. [2010 c 183 § 1; 2009 c 220 § 1; 2004 c 128 §
1; 2003 c 95 § 1; 2002 c 186 § 2. Prior: (2002 c 186 § 1
expired June 30, 2002); 2000 c 160 § 1; 2000 c 117 § 2; (2000
c 117 § 1 expired June 30, 2002); 1999 c 320 § 5; 1997 c 433
§ 2; 1994 c 188 § 2; 1993 sp.s. c 18 § 4; prior: 1987 c 137 §
1; 1987 c 96 § 1; 1985 c 370 § 62; 1983 c 285 § 1; 1982 1st
ex.s. c 37 § 1; 1972 ex.s. c 149 § 1; 1971 ex.s. c 273 § 2.]
(2010 Ed.)
College and University Fees
Effective date—2009 c 220: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009."
[2009 c 220 § 2.]
Intent—2003 c 95: "It is the intent of the legislature to ensure that students who receive a diploma from a Washington state high school or receive
the equivalent of a diploma in Washington state and who have lived in Washington for at least three years prior to receiving their diploma or its equivalent are eligible for in-state tuition rates when they enroll in a public institution of higher education in Washington state." [2003 c 95 § 2.]
Effective date—2003 c 95: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003."
[2003 c 95 § 4.]
Expiration date—2002 c 186 § 1: "Section 1 of this act expires June
30, 2002." [2002 c 186 § 4.]
Effective date—2002 c 186 § 2: "Section 2 of this act takes effect June
30, 2002." [2002 c 186 § 5.]
Effective date—2000 c 117 § 2: "Section 2 of this act takes effect June
30, 2002." [2000 c 117 § 5.]
Expiration date—2000 c 117 § 1: "Section 1 of this act expires June
30, 2002." [2000 c 117 § 4.]
Intent—Severability—1997 c 433: See notes following RCW
28B.15.725.
Additional notes found at www.leg.wa.gov
28B.15.013 Classification as resident or nonresident
student—Standards for determining domicile in the
state—Presumptions—Cut-off date for classification
application change. (1) The establishment of a new domicile in the state of Washington by a person formerly domiciled in another state has occurred if such person is physically
present in Washington primarily for purposes other than educational and can show satisfactory proof that such person is
without a present intention to return to such other state or to
acquire a domicile at some other place outside of Washington.
(2) Unless proven to the contrary it shall be presumed
that:
(a) The domicile of any person shall be determined
according to the individual’s situation and circumstances
rather than by marital status or sex.
(b) A person does not lose a domicile in the state of
Washington by reason of residency in any state or country
while a member of the civil or military service of this state or
of the United States, nor while engaged in the navigation of
the waters of this state or of the United States or of the high
seas if that person returns to the state of Washington within
one year of discharge from said service with the intent to be
domiciled in the state of Washington; any resident dependent
student who remains in this state when such student’s parents, having theretofore been domiciled in this state for a
period of one year immediately prior to the time of commencement of the first day of the semester or quarter for
which the student has registered at any institution, remove
from this state, shall be entitled to continued classification as
a resident student so long as such student’s attendance
(except summer sessions) at an institution in this state is continuous.
(3) To aid the institution in deciding whether a student,
parent, legally appointed guardian or the person having legal
custody of a student is domiciled in the state of Washington
primarily for purposes other than educational, the rules and
28B.15.013
(2010 Ed.)
28B.15.0139
regulations adopted by the higher education coordinating
board shall include but not be limited to the following:
(a) Registration or payment of Washington taxes or fees
on a motor vehicle, mobile home, travel trailer, boat, or any
other item of personal property owned or used by the person
for which state registration or the payment of a state tax or fee
is required will be a factor in considering evidence of the
establishment of a Washington domicile.
(b) Permanent full time employment in Washington by a
person will be a factor in considering the establishment of a
Washington domicile.
(c) Registration to vote for state officials in Washington
will be a factor in considering the establishment of a Washington domicile.
(4) After a student has registered at an institution such
student’s classification shall remain unchanged in the
absence of satisfactory evidence to the contrary. A student
wishing to apply for a change in classification shall reduce
such evidence to writing and file it with the institution. In any
case involving an application for a change from nonresident
to resident status, the burden of proof shall rest with the applicant. Any change in classification, either nonresident to resident, or the reverse, shall be based upon written evidence
maintained in the files of the institution and, if approved,
shall take effect the semester or quarter such evidence was
filed with the institution: PROVIDED, That applications for
a change in classification shall be accepted up to the thirtieth
calendar day following the first day of instruction of the quarter or semester for which application is made. [1989 c 175 §
79; 1985 c 370 § 63; 1982 1st ex.s. c 37 § 2; 1979 ex.s. c 15
§ 1; 1972 ex.s. c 149 § 2; 1971 ex.s. c 273 § 3.]
Additional notes found at www.leg.wa.gov
28B.15.0131 Resident tuition rates—American
Indian students. For the purposes of determining resident
tuition rates, resident students shall include American Indian
students who meet two conditions. First, for a period of one
year immediately prior to enrollment at a state institution of
higher education as defined in RCW 28B.10.016, the student
must have been domiciled in one or a combination of the following states: Idaho; Montana; Oregon; or Washington. Second, the students must be members of one of the federally
recognized Indian tribes whose traditional and customary
tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the
state of Washington. Federal recognition of an Indian tribe
shall be as determined under 25 C.F.R. by the United States
bureau of Indian affairs.
Any student enrolled at a state institution of higher education as defined in RCW 28B.10.016 who is paying resident
tuition under this section, and who has not established domicile in the state of Washington at least one year before enrollment, shall not be included in any calculation of state-funded
enrollment for budgeting purposes, and no state general fund
moneys shall be appropriated to a state institution of higher
education for the support of such student. [2005 c 163 § 1;
1994 c 188 § 1.]
28B.15.0131
28B.15.0139 Resident tuition rates—Border county
higher education opportunity project. For the purposes of
28B.15.0139
[Title 28B RCW—page 63]
28B.15.014
Title 28B RCW: Higher Education
determining resident tuition rates, "resident student" includes
a resident of Oregon, residing in Columbia, Gilliam, Hood
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman,
Umatilla, Union, Wallowa, Wasco, or Washington county,
who meets the following conditions:
(1) The student is eligible to pay resident tuition rates
under Oregon laws and has been domiciled in Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow,
Sherman, Umatilla, Union, Wallowa, Wasco, or Washington
county for at least ninety days immediately before enrollment
at a community college located in Asotin, Benton, Clark,
Columbia, Cowlitz, Franklin, Garfield, Klickitat, Pacific,
Skamania, Wahkiakum, or Walla Walla county, Washington;
(2) The student is enrolled in courses located at the TriCities or Vancouver branch of Washington State University
for eight credits or less; or
(3) The student is currently domiciled in Washington
and:
(a) Was eligible to pay resident tuition rates under Oregon laws; and
(b) Had been domiciled in Columbia, Gilliam, Hood
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman,
Umatilla, Union, Wallowa, Wasco, or Washington county for
at least ninety days immediately before being domiciled in
Washington. [2009 c 158 § 2; 2003 c 159 § 4; 2002 c 130 §
3; 2000 c 160 § 2; 1999 c 320 § 4.]
28B.15.014 Exemption from nonresident tuition fees
differential. Subject to the limitations of RCW 28B.15.910,
the governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges may exempt the following nonresidents from
paying all or a portion of the nonresident tuition fees differential:
(1) Any person who resides in the state of Washington
and who holds a graduate service appointment designated as
such by a public institution of higher education or is
employed for an academic department in support of the
instructional or research programs involving not less than
twenty hours per week during the term such person shall hold
such appointment.
(2) Any faculty member, classified staff member or
administratively exempt employee holding not less than a
half time appointment at an institution who resides in the
state of Washington, and the dependent children and spouse
of such persons.
(3) Any immigrant refugee and the spouse and dependent children of such refugee, if the refugee (a) is on parole
status, or (b) has received an immigrant visa, or (c) has
applied for United States citizenship.
(4) Any dependent of a member of the United States congress representing the state of Washington. [2000 c 117 § 3;
1997 c 433 § 3; 1993 sp.s. c 18 § 5; 1992 c 231 § 3. Prior:
1989 c 306 § 3; 1989 c 290 § 3; 1985 c 362 § 1; 1984 c 232 §
1; 1982 1st ex.s. c 37 § 3; 1971 ex.s. c 273 § 4.]
28B.15.014
Intent—Severability—1997 c 433: See notes following RCW
28B.15.725.
Intent—1989 c 290: See note following RCW 28B.15.725.
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 64]
28B.15.015 Classification as resident or nonresident
student—Board to adopt rules relating to students’ residency status, recovery of fees. The higher education coordinating board, upon consideration of advice from representatives of the state’s institutions with the advice of the attorney general, shall adopt rules and regulations to be used by
the state’s institutions for determining a student’s resident
and nonresident status and for recovery of fees for improper
classification of residency. [1985 c 370 § 64; 1982 1st ex.s. c
37 § 4.]
28B.15.015
Additional notes found at www.leg.wa.gov
28B.15.020 "Tuition fees" defined—Use. The term
"tuition fees" as used in this chapter shall mean the fees
charged students registering at the state’s colleges and universities which consist of:
(1) The "building fees" as defined in RCW 28B.15.025;
and
(2) The "operating fees" as defined in RCW 28B.15.031.
[1985 c 390 § 11; 1977 ex.s. c 169 § 34; 1969 ex.s. c 223 §
28B.15.020. Prior: (i) 1967 ex.s. c 8 § 31, part. Formerly
RCW 28.85.310, part. (ii) 1963 c 181 § 1, part; 1961 ex.s. c
10 § 1, part; 1959 c 186 § 1, part; 1947 c 243 § 1, part; 1945
c 187 § 1, part; 1933 c 169 § 1, part; 1931 c 48 § 1, part; 1921
c 139 § 1, part; 1919 c 63 § 1, part; 1915 c 66 § 2, part; RRS
§ 4546, part. Formerly RCW 28.77.030, part. (iii) 1963 c 180
§ 1, part; 1961 ex.s. c 11 § 1, part; 1949 c 73 § 1, part; 1931 c
49 § 1, part; 1921 c 164 § 1, part; Rem. Supp. 1949 § 4569,
part. Formerly RCW 28.80.030, part. (iv) 1967 c 47 § 10,
part; 1965 ex.s. c 147 § 1, part; 1963 c 143 § 1, part; 1961
ex.s. c 13 § 3, part. Formerly RCW 28.81.080, part.]
28B.15.020
Additional notes found at www.leg.wa.gov
28B.15.022 "Nonresident tuition fees differential"
defined. Unless the context clearly requires otherwise, as
used in this chapter "nonresident tuition fees differential"
means the difference between resident tuition fees and nonresident tuition fees. [1992 c 231 § 32.]
28B.15.022
Additional notes found at www.leg.wa.gov
28B.15.025 "Building fees" defined—Use. The term
"building fees" means the fees charged students registering at
the state’s colleges and universities, which fees are to be used
as follows: At the University of Washington, solely for the
purposes provided in RCW 28B.15.210; at Washington State
University, solely for the purposes provided in RCW
28B.15.310; at each of the regional universities and at The
Evergreen State College, solely for the purposes provided in
RCW 28B.35.370; and at the community colleges, for the
purposes provided in RCW 28B.50.320, 28B.50.360 and
28B.50.370. The term "building fees" is a renaming of the
"general tuition fee," and shall not be construed to affect otherwise moneys pledged to, or used for bond retirement purposes. [1985 c 390 § 12.]
28B.15.025
28B.15.031 "Operating fees"—Defined—Disposition. The term "operating fees" as used in this chapter shall
include the fees, other than building fees, charged all students
registering at the state’s colleges and universities but shall
not include fees for short courses, self-supporting degree
28B.15.031
(2010 Ed.)
College and University Fees
credit programs and courses, marine station work, experimental station work, correspondence or extension courses,
and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities
shall have the right to impose, laboratory, gymnasium,
health, technology and student activity fees, or fees, charges,
rentals, and other income derived from any or all revenue
producing lands, buildings and facilities of the colleges or
universities heretofore or hereafter acquired, constructed or
installed, including but not limited to income from rooms,
dormitories, dining rooms, hospitals, infirmaries, housing or
student activity buildings, vehicular parking facilities, land,
or the appurtenances thereon, or such other special fees as
may be established by any college or university board of
trustees or regents from time to time. All moneys received as
operating fees at any institution of higher education shall be
deposited in a local account containing only operating fees
revenue and related interest: PROVIDED, That a minimum
of three and one-half percent of operating fees shall be
retained by the institutions for the purposes of RCW
28B.15.820. Local operating fee accounts shall not be subject to appropriation by the legislature or allotment procedures under chapter 43.88 RCW. [2003 c 232 § 2; 1996 c 142
§ 2; 1995 1st sp.s. c 9 § 2. Prior: 1993 sp.s. c 18 § 6; 1993 c
379 § 201; 1987 c 15 § 2; prior: 1985 c 390 § 13; 1985 c 356
§ 2; 1982 1st ex.s. c 37 § 12; 1981 c 257 § 1; 1979 c 151 § 14;
1977 ex.s. c 331 § 3; 1971 ex.s. c 279 § 2.]
Finding—Intent—2003 c 232: "The legislature finds that, as a partner
in financing public higher education with students and parents who pay
tuition and fees, periodic increases in state funding, state financial aid, and
tuition must be authorized to provide high quality higher education for the
citizens of Washington. It is the intent of the legislature to address higher
education through a cooperative bipartisan effort that includes the legislative
and executive branches of government, parents, students, educators, as well
as business, labor, and community leaders. The legislature recognizes the
importance of keeping the public commitment to public higher education
and will continue searching for policies that halt the trend for the growth in
tuition revenue to outpace the revenue provided by the state. The legislature
believes that a well-educated citizenry is essential to both the private and the
public good. The economic and civic health of the state require both an educated citizenry and a well-trained workforce. The six-year time limitation
authorizing the governing boards to establish tuition rates for all students
other than undergraduate resident students will give the legislature, the governor, and the higher education institutions an opportunity to determine
whether this policy achieves the goal of maintaining quality and access for
all who are eligible for and can benefit from a higher education. Using data
from six years of this tuition policy, the state will be able to identify options
for long-term funding of higher education including not only tuition but general fund and financial aid sources." [2003 c 232 § 1.]
Intent—Purpose—1995 1st sp.s. c 9: "It is the intent of the legislature
to address higher education funding through a cooperative bipartisan effort
that includes the legislative and executive branches of government, parents,
students, educators, and concerned citizens. This effort will begin in 1995,
with the results providing the basis for discussion during the 1996 legislative
session for future decisions and final legislative action in 1997.
The purpose of this act is to provide tuition increases for public institutions of higher education as a transition measure until final action is taken in
1997." [1995 1st sp.s. c 9 § 1.]
*Reviser’s note: RCW 28B.15.824 was repealed by 1993 c 379 § 206
and by 1993 sp.s. c 18 § 14, effective July 1, 1993.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Additional notes found at www.leg.wa.gov
28B.15.041 "Services and activities fees" defined.
The term "services and activities fees" as used in this chapter
28B.15.041
(2010 Ed.)
28B.15.045
is defined to mean fees, other than tuition fees, charged to all
students registering at the state’s community colleges,
regional universities, The Evergreen State College, and state
universities. Services and activities fees shall be used as otherwise provided by law or by rule or regulation of the board
of trustees or regents of each of the state’s community colleges, The Evergreen State College, the regional universities,
or the state universities for the express purpose of funding
student activities and programs of their particular institution.
Student activity fees, student use fees, student building use
fees, special student fees, or other similar fees charged to all
full time students, or to all students, as the case may be, registering at the state’s colleges or universities and pledged for
the payment of bonds heretofore or hereafter issued for, or
other indebtedness incurred to pay, all or part of the cost of
acquiring, constructing or installing any lands, buildings, or
facilities of the nature described in RCW 28B.10.300 as now
or hereafter amended, shall be included within and deemed to
be services and activities fees. [1985 c 390 § 14; 1977 ex.s. c
169 § 35. Prior: 1973 1st ex.s. c 130 § 2; 1973 1st ex.s. c 46
§ 1; 1971 ex.s. c 279 § 3.]
Additional notes found at www.leg.wa.gov
28B.15.043 "Services and activities fees"—Allocations from for institutional loan fund for needy students.
See RCW 28B.10.825.
28B.15.043
28B.15.044 Services and activities fees—Legislative
declaration on expenditure. It is the intent of the legislature
that students will propose budgetary recommendations for
consideration by the college or university administration and
governing board to the extent that such budget recommendations are intended to be funded by services and activities fees.
It is also the intent of the legislature that services and activities fee expenditures for programs devoted to political or economic philosophies shall result in the presentation of a spectrum of ideas. [1986 c 91 § 1; 1980 c 80 § 1.]
28B.15.044
Additional notes found at www.leg.wa.gov
28B.15.045 Services and activities fees—Guidelines
governing establishment and funding of programs supported by—Scope—Mandatory provisions—Dispute resolution. The legislature recognizes that institutional governing boards have a responsibility to manage and protect institutions of higher education. This responsibility includes
ensuring certain lawful agreements for which revenues from
services and activities fees have been pledged. Such lawful
agreements include, but are not limited to, bond covenant
agreements and other contractual obligations. Institutional
governing boards are also expected to protect the stability of
programs that benefit students.
The legislature also recognizes that services and activities fees are paid by students for the express purpose of funding student services and programs. It is the intent of the legislature that governing boards ensure that students have a
strong voice in recommending budgets for services and activities fees. The boards of trustees and the boards of regents of
the respective institutions of higher education shall adopt
guidelines governing the establishment and funding of programs supported by services and activities fees. Such guide28B.15.045
[Title 28B RCW—page 65]
28B.15.051
Title 28B RCW: Higher Education
lines shall stipulate procedures for budgeting and expending
services and activities fee revenue. Any such guidelines shall
be consistent with the following provisions:
(1) Student representatives from the services and activities fee committee and representatives of the college or university administration shall have an opportunity to address
the board before board decisions on services and activities fee
budgets and dispute resolution actions are made.
(2) Members of the governing boards shall adhere to the
principle that services and activities fee committee desires be
given priority consideration on funding items that do not fall
into the categories of preexisting contractual obligations,
bond covenant agreements, or stability for programs affecting students.
(3) Responsibility for proposing to the administration
and the governing board program priorities and budget levels
for that portion of program budgets that derive from services
and activities fees shall reside with a services and activities
fee committee, on which students shall hold at least a majority of the voting memberships, such student members shall
represent diverse student interests, and shall be recommended by the student government association or its equivalent. The chairperson of the services and activities fee committee shall be selected by the members of that committee.
The governing board shall insure that the services and activities fee committee provides an opportunity for all viewpoints
to be heard at a public meeting during its consideration of the
funding of student programs and activities.
(4) The services and activities fee committee shall evaluate existing and proposed programs and submit budget recommendations for the expenditure of those services and
activities fees with supporting documents simultaneously to
the college or university governing board and administration.
(5) The college or university administration shall review
the services and activities fee committee budget recommendations and publish a written response to the services and
activities fee committee. This response shall outline potential
areas of difference between the committee recommendations
and the administration’s proposed budget recommendations.
This response, with supporting documentation, shall be submitted to the services and activities fee committee in a timely
manner to allow adequate consideration.
(6)(a) In the event of a dispute or disputes involving the
services and activities fee committee recommendations, the
college or university administration shall meet with the services and activities fee committee in a good faith effort to
resolve such dispute or disputes prior to submittal of final
recommendations to the governing board.
(b) If said dispute is not resolved within fourteen days, a
dispute resolution committee shall be convened by the chair
of the services and activities fee committee within fourteen
days.
(7) The dispute resolution committee shall be selected as
follows: The college or university administration shall
appoint two nonvoting advisory members; the governing
board shall appoint three voting members; and the services
and activities fee committee chair shall appoint three student
members of the services and activities fee committee who
will have a vote, and one student representing the services
and activities fee committee who will chair the dispute resolution committee and be nonvoting. The committee shall
[Title 28B RCW—page 66]
meet in good faith, and settle by vote any and all disputes. In
the event of a tie vote, the chair of the dispute resolution committee shall vote to settle the dispute.
(8) The governing board may take action on those portions of the services and activities fee budget not in dispute in
accordance with the customary budget approval timeline
established by the board. The governing board shall consider
the results, if any, of the dispute resolution committee and
shall take action.
(9) Services and activities fees and revenues generated
by programs and activities funded by such fees shall be
deposited and expended through the office of the chief fiscal
officer of the institution.
(10) Services and activities fees and revenues generated
by programs and activities funded by such fees shall be subject to the applicable policies, regulations, and procedures of
the institution and the budget and accounting act, chapter
43.88 RCW.
(11) All information pertaining to services and activities
fees budgets shall be made available to interested parties.
(12) With the exception of any funds needed for bond
covenant obligations, once the budget for expending service
and activities fees is approved by the governing board, funds
shall not be shifted from funds budgeted for associated students or departmentally related categories or the reserve fund
until the administration provides written justification to the
services and activities fee committee and the governing
board, and the governing board and the services and activities
fee committee give their express approval. In the event of a
fund transfer dispute among the services and activities fee
committee, the administration, or the governing board, said
dispute shall be resolved pursuant to subsections (6)(b), (7),
and (8) of this section.
(13) Any service and activities fees collected which
exceed initially budgeted amounts are subject to subsections
(1) through (10) and (12) of this section. [1994 c 41 § 1; 1990
c 7 § 1; 1986 c 91 § 2; 1980 c 80 § 2.]
Additional notes found at www.leg.wa.gov
28B.15.051 "Technology fees"—Defined—Use—
Student government approval. (1) The governing board of
each of the state universities, the regional universities, and
The Evergreen State College, upon the written agreement of
its respective student government association or its equivalent, may establish and charge each enrolled student a technology fee, separate from tuition fees. During the 1996-97
academic year, any technology fee shall not exceed one hundred twenty dollars for a full-time student. Any technology
fee charged to a part-time student shall be calculated as a pro
rata share of the fee charged to a full-time student.
(2) Revenue from this fee shall be used exclusively for
technology resources for general student use.
(3) Only changes in the amount of the student technology fee agreed upon by both the governing board and its
respective student government association or its equivalent
shall be used to adjust the amount charged to students.
Changes in the amount charged to students, once implemented, become the basis for future changes.
(4) Annually, the student government association or its
equivalent may abolish the fee by a majority vote. In the
28B.15.051
(2010 Ed.)
College and University Fees
event of such a vote, the student government association or
its equivalent shall notify the governing board of the institution. The fee shall cease being collected the term after the student government association or its equivalent voted to eliminate the fee.
(5) The student government association or its equivalent
shall approve the annual expenditure plan for the fee revenue.
(6) The universities and The Evergreen State College
shall deposit three and one-half percent of revenues from the
technology fee into the institutional financial aid fund under
RCW 28B.15.820.
(7) As used in this section, "technology fee" is a fee
charged to students to recover, in whole or in part, the costs
of providing and maintaining services to students that
include, but need not be limited to: Access to the internet and
world wide web, e-mail, computer and multimedia work stations and laboratories, computer software, and dial-up telephone services.
(8) Prior to the establishment of a technology fee, a governing board shall provide to the student governing body a
list of existing fees of a similar nature or for a similar purpose. The board and the student governing body shall ensure
that student fees for technology are not duplicative. [1996 c
142 § 1.]
Additional notes found at www.leg.wa.gov
28B.15.065 Adjustment of state appropriations for
needy student financial aid. It is the intent of the legislature
that needy students not be deprived of access to higher education due to increases in educational costs or consequent
increases in tuition and fees. It is the sense of the legislature
that state appropriations for student financial aid be adjusted
in an amount which together with funds estimated to be available in the form of basic educational opportunity grants as
authorized under Section 411 of the federal Higher Education
Act of 1965 as now or hereafter amended will equal twentyfour percent of any change in revenue estimated to occur as a
result of revisions in tuition and fee levels under the provisions of chapter 322, Laws of 1977 ex. sess. [1977 ex.s. c 322
§ 6.]
28B.15.065
Additional notes found at www.leg.wa.gov
28B.15.066 General fund appropriations to institutions of higher education. It is the intent of the legislature
that:
In making appropriations from the state’s general fund to
institutions of higher education, each appropriation shall conform to the following:
(1) The appropriation shall not be reduced by the amount
of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified
in the omnibus biennial operating appropriations act;
(2) The appropriation shall not be reduced by the amount
of operating fees revenue collected from students enrolled
above the state-funded level specified in the omnibus biennial operating appropriations act; and
(3) The general fund state appropriation shall not be
reduced by the amount of operating fees revenue collected as
a result of waiving less operating fees revenue than the
amounts authorized under RCW 28B.15.910. State general
28B.15.066
(2010 Ed.)
28B.15.067
fund appropriations shall not be provided for revenue foregone as a result of or for waivers granted under RCW
28B.15.915. [2003 c 232 § 3; 2000 c 152 § 2; 1999 c 309 §
932; 1995 1st sp.s. c 9 § 3; 1993 c 379 § 205.]
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Additional notes found at www.leg.wa.gov
28B.15.067 Tuition fees—Established. (1) Tuition
fees shall be established under the provisions of this chapter.
(2) Beginning with the 2003-04 academic year and ending with the 2012-13 academic year, reductions or increases
in full-time tuition fees for resident undergraduates shall be
as provided in the omnibus appropriations act.
(3)(a) Beginning with the 2003-04 academic year and
ending with the 2012-13 academic year, the governing boards
of the state universities, the regional universities, The Evergreen State College, and the state board for community and
technical colleges may reduce or increase full-time tuition
fees for all students other than resident undergraduates,
including summer school students and students in other selfsupporting degree programs. Percentage increases in fulltime tuition fees may exceed the fiscal growth factor. Reductions or increases may be made for all or portions of an institution’s programs, campuses, courses, or students.
(b) Prior to reducing or increasing tuition for each academic year, the governing boards of the state universities, the
regional universities, and The Evergreen State College shall
consult with existing student associations or organizations
with student undergraduate and graduate representatives
regarding the impacts of potential tuition increases. Governing boards shall be required to provide data regarding the percentage of students receiving financial aid, the sources of aid,
and the percentage of total costs of attendance paid for by aid.
(c) Prior to reducing or increasing tuition for each academic year, each college in the state board for community
and technical college system shall consult with existing student associations or organizations with undergraduate student representation regarding the impacts of potential tuition
increases. Colleges shall provide data regarding the percentage of students receiving financial aid, the sources of aid, and
the percentage of total costs of attendance paid for by aid.
(4) Academic year tuition for full-time students at the
state’s institutions of higher education beginning with 201516, other than summer term, shall be as charged during the
2014-15 academic year unless different rates are adopted by
the legislature.
(5) The tuition fees established under this chapter shall
not apply to high school students enrolling in participating
institutions of higher education under RCW 28A.600.300
through 28A.600.400.
(6) The tuition fees established under this chapter shall
not apply to eligible students enrolling in a dropout reengagement program through an interlocal agreement between a
school district and a community or technical college under
RCW 28A.175.100 through 28A.175.110.
(7) The tuition fees established under this chapter shall
not apply to eligible students enrolling in a community or
28B.15.067
[Title 28B RCW—page 67]
28B.15.068
Title 28B RCW: Higher Education
technical college participating in the pilot program under
RCW 28B.50.534 for the purpose of obtaining a high school
diploma.
(8) For the academic years 2003-04 through 2008-09, the
University of Washington shall use an amount equivalent to
ten percent of all revenues received as a result of law school
tuition increases beginning in academic year 2000-01
through academic year 2008-09 to assist needy low and middle-income resident law students.
(9) For the academic years 2003-04 through 2008-09,
institutions of higher education shall use an amount equivalent to ten percent of all revenues received as a result of graduate academic school tuition increases beginning in academic
year 2003-04 through academic year 2008-09 to assist needy
low and middle-income resident graduate academic students.
(10) Any tuition increases above seven percent shall
fund costs of instruction, library and student services, utilities
and maintenance, other costs related to instruction as well as
institutional financial aid. Through 2010-11, any funding
reductions to instruction, library and student services, utilities
and maintenance and other costs related to instruction shall
be proportionally less than other program areas including
administration. [2010 c 20 § 7; 2009 c 574 § 1; 2007 c 355 §
7; 2006 c 161 § 6; 2003 c 232 § 4; 1997 c 403 § 1; 1996 c 212
§ 1; 1995 1st sp.s. c 9 § 4; 1992 c 231 § 4; 1990 1st ex.s. c 9
§ 413; 1986 c 42 § 1; 1985 c 390 § 15; 1982 1st ex.s. c 37 §
15; 1981 c 257 § 2.]
Intent—2010 c 20: See note following RCW 28A.175.100.
Finding—Intent—2007 c 355: See note following RCW 28B.50.534.
Effective date—2006 c 161: See note following RCW 49.04.160.
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Additional notes found at www.leg.wa.gov
28B.15.068 Tuition fees increase limitations—State
funding goals—Reports—"Global challenge states"—
Notification of availability of American opportunity tax
credit. (1) Beginning with the 2007-08 academic year and
ending with the 2016-17 academic year, tuition fees charged
to full-time resident undergraduate students, except in academic years 2009-10 and 2010-11, may increase no greater
than seven percent over the previous academic year in any
institution of higher education. Annual reductions or
increases in full-time tuition fees for resident undergraduate
students shall be as provided in the omnibus appropriations
act, within the seven percent increase limit established in this
section. For academic years 2009-10 and 2010-11 the omnibus appropriations act may provide tuition increases greater
than seven percent. To the extent that state appropriations
combined with tuition and fee revenues are insufficient to
achieve the total per-student funding goals established in subsection (2) of this section, the legislature may revisit state
appropriations, authorized enrollment levels, and changes in
tuition fees for any given fiscal year.
(2) The state shall adopt as its goal total per-student
funding levels, from state appropriations plus tuition and
fees, of at least the sixtieth percentile of total per-student
28B.15.068
[Title 28B RCW—page 68]
funding at similar public institutions of higher education in
the global challenge states. In defining comparable per-student funding levels, the office of financial management shall
adjust for regional cost-of-living differences; for differences
in program offerings and in the relative mix of lower division, upper division, and graduate students; and for accounting and reporting differences among the comparison institutions. The office of financial management shall develop a
funding trajectory for each four-year institution of higher
education and for the community and technical college system as a whole that when combined with tuition and fees revenue allows the state to achieve its funding goal for each
four-year institution and the community and technical college
system as a whole no later than fiscal year 2017. The state
shall not reduce enrollment levels below fiscal year 2007
budgeted levels in order to improve or alter the per-student
funding amount at any four-year institution of higher education or the community and technical college system as a
whole. The state recognizes that each four-year institution of
higher education and the community and technical college
system as a whole have different funding requirements to
achieve desired performance levels, and that increases to the
total per-student funding amount may need to exceed the
minimum funding goal.
(3) By September 1st of each year beginning in 2008, the
office of financial management shall report to the governor,
the higher education coordinating board, and appropriate
committees of the legislature with updated estimates of the
total per-student funding level that represents the sixtieth percentile of funding for comparable institutions of higher education in the global challenge states, and the progress toward
that goal that was made for each of the public institutions of
higher education.
(4) As used in this section, "global challenge states" are
the top performing states on the new economy index published by the progressive policy institute as of July 22, 2007.
The new economy index ranks states on indicators of their
potential to compete in the new economy. At least once
every five years, the office of financial management shall
determine if changes to the list of global challenge states are
appropriate. The office of financial management shall report
its findings to the governor and the legislature.
(5) During the 2009-10 and the 2010-11 academic years,
institutions of higher education shall include information on
their billing statements notifying students of tax credits available through the American opportunity tax credit provided in
the American recovery and reinvestment act of 2009. [2009
c 540 § 1; 2007 c 151 § 1.]
Captions not law—2007 c 151: "Captions used in this act are not any
part of the law." [2007 c 151 § 3.]
28B.15.0681 Tuition billing statements—Disclosures
to students—Notice of federal educational tax credits. (1)
In addition to the requirement in RCW 28B.76.300(4), institutions of higher education shall disclose to their undergraduate resident students on the tuition billing statement, in dollar figures for a full-time equivalent student:
(a) The full cost of instruction;
(b) The amount collected from student tuition and fees;
and
28B.15.0681
(2010 Ed.)
College and University Fees
(c) The difference between the amounts for the full cost
of instruction and the student tuition and fees.
(2) The tuition billing statement shall note that the difference between the cost and tuition under subsection (1)(c) of
this section was paid by state tax funds and other moneys.
(3) Beginning in the 2010-11 academic year, the amount
determined in subsection (1)(c) of this section shall be
labeled an "opportunity pathway" on the tuition billing statement.
(4) Beginning in the 2010-11 academic year, institutions
of higher education shall label financial aid awarded to resident undergraduate students as an "opportunity pathway" on
the tuition billing statement or financial aid award notification. Aid granted to students outside of the financial aid
package provided through the institution of higher education
and loans provided by the federal government are not subject
to the labeling provisions in this subsection. All other aid
from all sources including federal, state, and local governments, local communities, nonprofit and for-profit organizations, and institutions of higher education must be included.
The disclosure requirements specified in this section do not
change the source, award amount, student eligibility, or student obligations associated with each award. Institutions of
higher education retain the ability to customize their tuition
billing statements to inform students of the assistance source,
amount, and type so long as provisions of this section are also
fulfilled.
(5) The tuition billing statement disclosures shall be in
twelve-point type and boldface type where appropriate.
(6) All tuition billing statements or financial aid award
notifications at institutions of higher education must notify
resident undergraduate students of federal tax credits related
to higher education for which they may be eligible. [2009 c
215 § 6; 2007 c 151 § 2.]
Findings—Intent—Effective date—2009 c 215: See notes following
RCW 28B.92.030.
Captions not law—2007 c 151: See note following RCW 28B.15.068.
28B.15.069 Building fees—Services and activities
fees—Other fees. (1) The building fee for each academic
year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating
board and be based on the actual percentage the building fee
is of total tuition for each tuition category in the 1994-95 academic year, rounded up to the nearest half percent.
(2) The governing boards of each institution of higher
education, except for the technical colleges, shall charge to
and collect from each student a services and activities fee. A
governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW
28B.15.045, by a percentage not to exceed the annual percentage increase in student tuition fees for resident undergraduate students: PROVIDED, That such percentage
increase shall not apply to that portion of the services and
activities fee previously committed to the repayment of
bonded debt. These rate adjustments may exceed the fiscal
growth factor. For the 2003-04 academic year, the services
and activities fee shall be based upon the resident undergraduate services and activities fee in 2002-03. The services and
activities fee committee provided for in RCW 28B.15.045
28B.15.069
(2010 Ed.)
28B.15.100
may initiate a request to the governing board for a fee
increase.
(3) Tuition and services and activities fees consistent
with subsection (2) of this section shall be set by the state
board for community and technical colleges for community
college summer school students unless the community college charges fees in accordance with RCW 28B.15.515.
(4) Subject to the limitations of RCW 28B.15.910, each
governing board of a community college may charge such
fees for ungraded courses, noncredit courses, community services courses, and self-supporting courses as it, in its discretion, may determine, consistent with the rules of the state
board for community and technical colleges.
(5) The governing board of a college offering an applied
baccalaureate degree program under RCW 28B.50.810 may
charge tuition fees for those courses above the associate
degree level at rates consistent with rules adopted by the state
board for community and technical colleges, not to exceed
tuition fee rates at the regional universities. [2005 c 258 § 10;
2003 c 232 § 5; 1997 c 403 § 2; 1995 1st sp.s. c 9 § 5.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
28B.15.100 Tuition and fees set by individual institutions—Limitations—Tuition and fees for certain parttime, additional time, and out-of-state students. (1) The
governing boards of the state universities, the regional universities, The Evergreen State College, and the community
colleges shall charge to and collect from each of the students
registering at the particular institution for any quarter or
semester such tuition fees and services and activities fees,
and other fees as such board shall in its discretion determine.
The total of all fees shall be rounded to the nearest whole dollar amount: PROVIDED, That such tuition fees shall be
established in accordance with RCW 28B.15.067.
(2) Part-time students shall be charged tuition and services and activities fees proportionate to full-time student
rates established for residents and nonresidents: PROVIDED, That except for students registered at community
colleges, students registered for fewer than two credit hours
shall be charged tuition and services and activities fees at the
rate established for two credit hours: PROVIDED FURTHER, That, subject to the limitations of RCW 28B.15.910,
residents of Idaho or Oregon who are enrolled in community
college district number twenty for six or fewer credits during
any quarter or semester may be exempted from payment of
all or a portion of the nonresident tuition fees differential
upon a declaration by the higher education coordinating
board that it finds Washington residents from the community
college district are afforded substantially equivalent treatment by such other states.
(3) Full-time students registered for more than eighteen
credit hours shall be charged an additional operating fee for
each credit hour in excess of eighteen hours at the applicable
established per credit hour tuition fee rate for part-time students: PROVIDED, That, subject to the limitations of RCW
28B.15.910, the governing boards of the state universities
and the community colleges may exempt all or a portion of
the additional charge, for students who are registered exclu28B.15.100
[Title 28B RCW—page 69]
28B.15.110
Title 28B RCW: Higher Education
sively in first professional programs in medicine, dental medicine, veterinary medicine, doctor of pharmacy, or law, or
who are registered exclusively in required courses in vocational preparatory programs. [2003 c 232 § 6; 1999 c 321 §
2; 1998 c 75 § 1; 1995 1st sp.s. c 9 § 8; 1993 sp.s. c 18 § 7;
1992 c 231 § 6. Prior: 1985 c 390 § 18; 1985 c 370 § 67;
1982 1st ex.s. c 37 § 11; 1981 c 257 § 5; 1977 ex.s. c 322 § 2;
1977 ex.s. c 169 § 36; 1971 ex.s. c 279 § 5; 1969 ex.s. c 223
§ 28B.15.100; prior: (i) 1967 ex.s. c 8 § 31, part. Formerly
RCW 28.85.310, part. (ii) 1963 c 181 § 1, part; 1961 ex.s. c
10 § 1, part; 1959 c 186 § 1, part; 1947 c 243 § 1, part; 1945
c 187 § 1, part; 1933 c 169 § 1, part; 1931 c 48 § 1, part; 1921
c 139 § 1, part; 1919 c 63 § 1, part; 1915 c 66 § 2, part; RRS
§ 4546, part. Formerly RCW 28.77.030, part. (iii) 1963 c
180 § 1, part; 1961 ex.s. c 11 § 1, part; 1949 c 73 § 1, part;
1931 c 49 § 1, part; 1921 c 164 § 1, part; Rem. Supp. 1949 §
4569, part. Formerly RCW 28.80.030, part. (iv) 1967 c 47 §
10, part; 1965 ex.s. c 147 § 1, part; 1963 c 143 § 1, part; 1961
ex.s. c 13 § 3, part. Formerly RCW 28.81.080, part.]
Finding—Intent—2003 c 232: See note following RCW 28B.15.031.
Intent—1999 c 321: "The legislature recognizes that certain tuition
policies may have an adverse impact on the unique role of community colleges.
Therefore, it is the intent of the legislature to eliminate impediments to
the ability of community colleges to meet the diverse needs of students and
business interests." [1999 c 321 § 1.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Additional notes found at www.leg.wa.gov
28B.15.110
28B.15.110 Tuition and fees when joint program of
four year institutions—Supplemental fees, when. Where
students at any of the four year state colleges or universities
participate in a joint program undertaken by two or more of
such institutions, and which leads to a degree, the tuition and
fees assessed each student participating in such joint program
shall be equal.
The governing board at each state four year institution
shall, where the tuition and fees which it charges resident students participating in a joint program falling within the scope
of this section would be less than those charged to any such
students from any other state four year institution who participates in such joint program, impose a supplemental fee upon
its resident students so participating in order to make the
tuition and fees charged to them equal to the highest amount
charged to any other resident student from a state four year
institution who participates in the program. Such governing
board shall, where the tuition and fees which it charges nonresident students participating in a joint program falling
within the scope of this section would be less than those
charged to any such students participating from any other
state four year institution who participates in such joint program, impose a supplemental fee upon its nonresident students so participating in order to make the tuition and fees
charged to them equal to the highest amount charged to any
other nonresident student from a state four year institution
who participates in the program. [1977 ex.s. c 126 § 1.]
"State universities," "regional universities," "state college," "institutions of
higher education," and "postsecondary institutions" defined: RCW
28B.10.016.
[Title 28B RCW—page 70]
28B.15.210 Fees—University of Washington—Disposition of building fees. Within thirty-five days from the
date of collection thereof, all building fees at the University
of Washington, including building fees to be charged students registering in the schools of medicine and dentistry,
shall be paid into the state treasury and credited as follows:
One-half or such larger portion as may be necessary to
prevent a default in the payments required to be made out of
the bond retirement fund to the "University of Washington
bond retirement fund" and the remainder thereof to the "University of Washington building account." The sum so credited to the University of Washington building account shall
be used exclusively for the purpose of erecting, altering,
maintaining, equipping, or furnishing buildings, and for certificates of participation under chapter 39.94 RCW, except
for any sums transferred as authorized in RCW
28B.20.725(3). The sum so credited to the University of
Washington bond retirement fund shall be used for the payment of principal of and interest on bonds outstanding as provided by chapter 28B.20 RCW except for any sums transferred as authorized in RCW 28B.20.725(5). During the
2009-2011 biennium, sums credited to the University of
Washington building account shall also be used for routine
facility maintenance and utility costs. [2009 c 499 § 1; 2009
c 497 § 6019; 1985 c 390 § 20; 1969 ex.s. c 223 §
28B.15.210. Prior: 1963 c 224 § 1; 1959 c 193 § 7; 1957 c
254 § 6; 1947 c 243 § 2; 1945 c 187 § 2; 1939 c 156 § 1; 1933
c 169 § 2; 1921 c 139 § 2; 1919 c 63 § 2; 1915 c 66 § 3; Rem.
Supp. 1947 § 4547. Formerly RCW 28.77.040.]
28B.15.210
Reviser’s note: This section was amended by 2009 c 497 § 6019 and
by 2009 c 499 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2009 c 497: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 15, 2009], except for sections 6020, 6021, and 6024 through 6027 of
this act which take effect July 1, 2009." [2009 c 497 § 6055.]
28B.15.220 Fees—University of Washington—Disposition of special fees. All fees except building fees shall
be held by the board of regents as a revolving fund and
expended for the purposes for which collected and be
accounted for in accordance with law: PROVIDED, That the
board of regents shall have authority to place in a separate
fund or funds any or all fees or rentals exacted for the use of
facilities of any dormitory, hospital, or infirmary building,
and the board of regents shall have authority to pledge any or
all such fees for the retirement of any bonds that may be
issued for the construction of such dormitory, hospital, or
infirmary building. [1985 c 390 § 21; 1969 ex.s. c 223 §
28B.15.220. Prior: 1961 c 229 § 6; prior: (i) 1933 ex.s. c 24
§ 1; 1921 c 139 § 3; 1919 c 63 § 3; 1915 c 66 § 4; RRS §
4548. (ii) 1947 c 64 § 2, part; 1933 ex.s. c 23 § 2, part; 1925
ex.s. c 91 § 2, part; Rem. Supp. 1947 § 4543-2, part. Formerly
RCW 28.77.050.]
28B.15.220
28B.15.225 Exemption from fees of schools of medicine or dentistry at University of Washington—Exemption from nonresident tuition fees differential for participants in the Washington, Alaska, Montana, Idaho, or
Wyoming program at Washington State University. Sub28B.15.225
(2010 Ed.)
College and University Fees
ject to the limitations of RCW 28B.15.910, the governing
board of the University of Washington may exempt the following students from the payment of all or a portion of the
nonresident tuition fees differential: Students admitted to the
university’s school of medicine pursuant to contracts with the
states of Alaska, Montana, Idaho, or Wyoming, or agencies
thereof, providing for a program of regionalized medical education conducted by the school of medicine; or students
admitted to the university’s school of dentistry pursuant to
contracts with the states of Utah, Idaho, or any other western
state which does not have a school of dentistry, or agencies
thereof, providing for a program of regionalized dental education conducted by the school of dentistry. The proportional
cost of the program, in excess of resident student tuition and
fees, will be reimbursed to the university by or on behalf of
participating states or agencies. Subject to the limitations of
RCW 28B.15.910, the governing board of Washington State
University may exempt from payment all or a portion of the
nonresident tuition fees differential for any student admitted
to the University of Washington’s school of medicine and
attending Washington State University as a participant in the
Washington, Alaska, Montana, Idaho, or Wyoming program
in this section. Washington State University may reduce the
professional student tuition for students enrolled in this program by the amount the student pays the University of Washington as a registration fee. [1997 c 50 § 1; 1993 sp.s. c 18 §
9; 1992 c 231 § 8; 1981 c 20 § 1; 1975 1st ex.s. c 105 § 1.]
Additional notes found at www.leg.wa.gov
28B.15.310 Fees—Washington State University—
Disposition of building fees. Within thirty-five days from
the date of collection thereof, all building fees shall be paid
and credited as follows: To the Washington State University
bond retirement fund, one-half or such larger portion as may
be necessary to prevent a default in the payments required to
be made out of such bond retirement fund; and the remainder
thereof to the Washington State University building account.
The sum so credited to the Washington State University
building account shall be expended by the board of regents
for buildings, equipment, or maintenance on the campus of
Washington State University as may be deemed most advisable and for the best interests of the university, and for certificates of participation under chapter 39.94 RCW, except for
any sums transferred as authorized by law. During the 20092011 biennium, sums credited to the Washington State University building account shall also be used for routine facility
maintenance and utility costs. Expenditures so made shall be
accounted for in accordance with existing law and shall not
be expended until appropriated by the legislature.
The sum so credited to the Washington State University
bond retirement fund shall be used to pay and secure the payment of the principal of and interest on building bonds issued
by the university, except for any sums which may be transferred out of such fund as authorized by law. [2009 c 499 §
2; 2009 c 497 § 6020; 1985 c 390 § 22; 1969 ex.s. c 223 §
28B.15.310. Prior: 1961 ex.s. c 11 § 2; 1935 c 185 § 1; 1921
c 164 § 2; RRS § 4570. Formerly RCW 28.80.040.]
28B.15.310
Reviser’s note: This section was amended by 2009 c 497 § 6020 and
by 2009 c 499 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
(2010 Ed.)
28B.15.411
Effective date—2009 c 497: See note following RCW 28B.15.210.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.15.380 Exemption from payment of fees at state
universities, regional universities, and The Evergreen
State College—Children and surviving spouses of certain
law enforcement officers, firefighters, or state patrol
officers. Subject to the limitations of RCW 28B.15.910, the
governing boards of the state universities, the regional universities, and The Evergreen State College shall exempt the
following students from the payment of all tuition fees and
services and activities fees:
(1) Children of any law enforcement officer as defined in
chapter 41.26 RCW, firefighter as defined in chapter 41.26 or
41.24 RCW, or Washington state patrol officer who lost his
or her life or became totally disabled in the line of duty while
employed by any public law enforcement agency or full time
or volunteer fire department in this state: PROVIDED, That
such persons may receive the exemption only if they begin
their course of study at a state-supported college or university
within ten years of their graduation from high school; and
(2) Surviving spouses of any law enforcement officer as
defined in chapter 41.26 RCW, firefighter as defined in chapter 41.26 or 41.24 RCW, or Washington state patrol officer
who lost his or her life or became totally disabled in the line
of duty while employed by any public law enforcement
agency or full time or volunteer fire department in this state.
(3) The governing boards of the state universities, the
regional universities, and The Evergreen State College shall
report to the higher education coordinating board on the
annual cost of tuition fees and services and activities fees
waived for surviving spouses and children under this section.
The higher education coordinating board shall consolidate
the reports of the waived fees and annually report to the
appropriate fiscal and policy committees of the legislature.
[2010 c 261 § 4; 2005 c 249 § 2; 1993 sp.s. c 18 § 10; 1992 c
231 § 9; 1990 c 154 § 1; 1985 c 390 § 23; 1979 c 82 § 1; 1977
ex.s. c 322 § 10; 1977 ex.s. c 169 § 37; 1973 1st ex.s. c 191 §
1; 1971 ex.s. c 279 § 8; 1969 ex.s. c 269 § 8; 1969 ex.s. c 223
§ 28B.15.380. Prior: (i) 1947 c 46 § 1; 1921 c 139 § 5; Rem.
Supp. 1947 § 4550. Formerly RCW 28.77.070. (ii) 1921 c
164 § 4, part; RRS § 4572, part. Formerly RCW 28.80.060,
part.]
28B.15.380
"Totally disabled" defined for certain purposes: RCW 28B.15.385.
Additional notes found at www.leg.wa.gov
28B.15.385 "Totally disabled" defined for certain
purposes. For the purposes of RCW 28B.15.380 and
28B.15.520, the phrase "totally disabled" means a person
who has become totally and permanently disabled for life by
bodily injury or disease, and is thereby prevented from performing any occupation or gainful pursuit. [2008 c 188 § 2;
2007 c 450 § 3; 1973 1st ex.s. c 191 § 5.]
28B.15.385
Additional notes found at www.leg.wa.gov
28B.15.411 Fees—Installment payments. Each institution of higher education, at its discretion, may offer students an optional plan to pay in advance the building fees,
operating fees, and services and activities fees for any quarter
28B.15.411
[Title 28B RCW—page 71]
28B.15.450
Title 28B RCW: Higher Education
or semester in periodic installments, as established by that
institution of higher education. [1987 c 15 § 1; 1985 c 356 §
1.]
Additional notes found at www.leg.wa.gov
28B.15.450 Gender equity—Intent. The legislature
finds that the ratio of women to men in intercollegiate athletics in Washington’s higher education system is inequitable. It
is the intent of the legislature, through additional tuition and
fee waivers, to achieve gender equity in intercollegiate athletics. [1989 c 340 § 1.]
28B.15.450
28B.15.455 Gender equity—Goals. Institutions of
higher education shall strive to accomplish the following
goals by June 30, 2002:
(1) Provide the following benefits and services equitably
to male and female athletes participating in intercollegiate
athletic programs: Equipment and supplies; medical services; services and insurance; transportation and per diem
allowances; opportunities to receive coaching and instruction; scholarships and other forms of financial aid; conditioning programs; laundry services; assignment of game officials;
opportunities for competition, publicity, and awards; and
scheduling of games and practice times, including use of
courts, gyms, and pools. Each institution which provides
showers, toilets, lockers, or training room facilities for athletic purposes shall provide access to comparable facilities
for both males and females.
(2) Provide equitable intercollegiate athletic opportunities for male and female students including opportunities to
participate and to receive the benefits of the services listed in
subsection (1) of this section.
(3) Provide participants with female and male coaches
and administrators to act as role models. [1997 c 5 § 1; 1989
c 340 § 3.]
28B.15.455
Additional notes found at www.leg.wa.gov
have a new institutional plan approved by the higher education coordinating board before granting further waivers.
(c) Beginning in the 2003-04 academic year, an institution of higher education that was not within five percent of
the ratio of undergraduates described in RCW 28B.15.470 by
June 30, 2002, shall have a new plan for achieving gender
equity in intercollegiate athletic programs approved by the
higher education coordinating board before granting further
waivers.
(3) The plan shall include, but not be limited to:
(a) For any institution with an historically underrepresented gender class described in subsection (2)(b) of this section, provisions that ensure that by July 1, 2000, the institution shall provide athletic opportunities for the underrepresented gender class at a rate that meets or exceeds the current
rate at which that class participates in high school interscholastic athletics in Washington state not to exceed the point at
which the underrepresented gender class is no longer underrepresented;
(b) For any institution with an underrepresented gender
class described in subsection (2)(c) of this section, provisions
that ensure that by July 1, 2004, the institution will have
reached substantial proportionality in its athletic program;
(c) Activities to be undertaken by the institution to
increase participation rates of any underrepresented gender
class in interscholastic and intercollegiate athletics. These
activities may include, but are not limited to: Sponsoring
equity conferences, coaches clinics and sports clinics; and
taking a leadership role in working with athletic conferences
to reduce barriers to participation by those gender classes in
interscholastic and intercollegiate athletics;
(d) An identification of barriers to achieving and maintaining equitable intercollegiate athletic opportunities for
men and women; and
(e) Measures to achieve institutional compliance with
the provisions of RCW 28B.15.455. [1997 c 5 § 2; 1989 c
340 § 4.]
Additional notes found at www.leg.wa.gov
28B.15.460 Gender equity—Tuition and fee waivers—Institutional plan for underrepresented gender
class. (1) An institution of higher education shall not grant
any waivers for the purpose of achieving gender equity until
the 1991-92 academic year, and may grant waivers for the
purpose of achieving gender equity in intercollegiate athletic
programs as authorized in RCW 28B.15.740, for the 1991-92
academic year only if the institution’s governing board has
adopted a plan for complying with the provisions of RCW
28B.15.455 and submitted the plan to the higher education
coordinating board.
(2)(a) Beginning in the 1992-93 academic year, an institution of higher education shall not grant any waiver for the
purpose of achieving gender equity in intercollegiate athletic
programs as authorized in RCW 28B.15.740 unless the institution’s plan has been approved by the higher education coordinating board.
(b) Beginning in the 1999-2000 academic year, an institution that did not provide, by June 30, 1998, athletic opportunities for an historically underrepresented gender class at a
rate that meets or exceeds the current rate at which that class
participates in high school athletics in Washington state shall
28B.15.460
[Title 28B RCW—page 72]
28B.15.465 Gender equity—Reports. (1) The higher
education coordinating board shall report every four years,
beginning December 1998, to the governor and the house of
representatives and senate committees on higher education,
on institutional efforts to comply with the requirements of
RCW 28B.15.740, 28B.15.455, and 28B.15.460. Each report
shall include recommendations on measures to assist institutions with compliance.
(2) Before the board makes its report in December 2006,
the board shall assess the extent of institutional compliance
with the requirements of RCW 28B.15.740, 28B.15.455, and
28B.15.460.
(3) The report in this section may be combined with the
report required in RCW 28B.110.040(3). [1997 c 5 § 3; 1989
c 340 § 5.]
28B.15.465
Additional notes found at www.leg.wa.gov
28B.15.470 Gender equity—"Underrepresented gender class," "equitable" defined. (1) As used in and for the
limited purposes of RCW 28B.15.450 through 28B.15.465
and 28B.15.740, "underrepresented gender class" means
28B.15.470
(2010 Ed.)
College and University Fees
female students or male students, where the ratio of participation of female or male students who are seventeen to twentyfour year old undergraduates enrolled full-time on the main
campus, respectively, in intercollegiate athletics has historically been less than approximately the ratio of female to male
students or male to female students, respectively, enrolled as
undergraduates at an institution.
(2) As used in and for the limited purpose of RCW
28B.15.460(3)(a), an "underrepresented gender class" in
interscholastic athletics means female students or male students, where the ratio of participation of female or male students, respectively, in K-12 interscholastic athletics has historically been less than approximately the ratio of female to
male students or male to female students, respectively,
enrolled in K-12 public schools in Washington.
(3) As used in and for the limited purposes of RCW
28B.15.460, "equitable" means that the ratio of female and
male students participating in intercollegiate athletics is substantially proportionate to the percentages of female and male
students who are seventeen to twenty-four year old undergraduates enrolled full time on the main campus. [1997 c 5 §
4; 1989 c 340 § 6.]
Additional notes found at www.leg.wa.gov
28B.15.475 Gender equity—Construction—1989 c
340. Nothing in this act shall be construed to excuse any
institution from any more stringent requirement to achieve
gender equity imposed by law, nor to permit any institution to
decrease participation of any underrepresented gender class.
[1989 c 340 § 7.]
28B.15.475
28B.15.515 Community colleges—State-funded
enrollment levels—Summer school—Enrollment level
variances. (1) The boards of trustees of the community college districts may operate summer schools on either a selfsupporting or a state-funded basis.
If summer school is operated on a self-supporting basis,
the fees charged shall be retained by the colleges, and shall be
sufficient to cover the direct costs, which are instructional
salaries and related benefits, supplies, publications, and
records.
Community colleges that have self-supporting summer
schools shall continue to receive general fund state support
for vocational programs that require that students enroll in a
four quarter sequence of courses that includes summer quarter due to clinical or laboratory requirements and for
ungraded courses limited to adult basic education, vocational
apprenticeship, aging and retirement, small business management, industrial first aid, and parent education.
(2) The board of trustees of a community college district
may permit the district’s state-funded, full-time equivalent
enrollment level, as provided in the omnibus state appropriations act, to vary. If the variance is above the state-funded
level, the district may charge those students above the statefunded level a fee equivalent to the amount of tuition and fees
that are charged students enrolled in state-funded courses.
These fees shall be retained by the colleges.
(3) The state board for community and technical colleges
shall ensure compliance with this section. [1993 sp.s. c 18 §
13; 1993 sp.s. c 15 § 8; 1991 c 353 § 1.]
28B.15.515
(2010 Ed.)
28B.15.520
Reviser’s note: This section was amended by 1993 sp.s. c 15 § 8 and
by 1993 sp.s. c 18 § 13, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Effective date—1993 sp.s. c 15: See notes following RCW
28B.10.776.
Additional notes found at www.leg.wa.gov
28B.15.520 Waiver of fees and nonresident tuition
fees differential—Community colleges. Subject to the limitations of RCW 28B.15.910, the governing boards of the
community colleges may:
(1)(a) Waive all or a portion of tuition fees and services
and activities fees for:
(i) Students nineteen years of age or older who are eligible for resident tuition and fee rates as defined in RCW
28B.15.012 through 28B.15.015, who enroll in a course of
study or program which will enable them to finish their high
school education and obtain a high school diploma or certificate, but who are not eligible students as defined by RCW
28A.600.405; and shall waive all of tuition fees and services
and activities fees for:
(ii) Children of any law enforcement officer as defined in
chapter 41.26 RCW, firefighter as defined in chapter 41.26 or
41.24 RCW, or Washington state patrol officer who lost his
or her life or became totally disabled in the line of duty while
employed by any public law enforcement agency or full time
or volunteer fire department in this state: PROVIDED, That
such persons may receive the waiver only if they begin their
course of study at a community college within ten years of
their graduation from high school; and
(iii) Surviving spouses of any law enforcement officer as
defined in chapter 41.26 RCW, firefighter as defined in chapter 41.26 or 41.24 RCW, or Washington state patrol officer
who lost his or her life or became totally disabled in the line
of duty while employed by any public law enforcement
agency or full time or volunteer fire department in this state.
(b) The governing boards of the community colleges
shall report to the state board for community and technical
colleges on the annual cost of tuition fees and services and
activities fees waived for surviving spouses and children
under parts (a)(ii) and (iii) of this subsection. The state board
for community and technical colleges shall consolidate the
reports of the waived fees and annually report to the appropriate fiscal and policy committees of the legislature;
(2) Waive all or a portion of the nonresident tuition fees
differential for:
(a) Nonresident students enrolled in a community college course of study or program which will enable them to
finish their high school education and obtain a high school
diploma or certificate but who are not eligible students as
defined by RCW 28A.600.405. The waiver shall be in effect
only for those courses which lead to a high school diploma or
certificate; and
(b) Up to forty percent of the students enrolled in the
regional education program for deaf students, subject to federal funding of such program. [2010 c 261 § 5; 2007 c 355 §
6; 1993 sp.s. c 18 § 16; 1992 c 231 § 12; 1990 c 154 § 2; 1987
c 390 § 1. Prior: 1985 c 390 § 26; 1985 c 198 § 1; 1982 1st
ex.s. c 37 § 8; 1979 ex.s. c 148 § 1; 1973 1st ex.s. c 191 § 2;
28B.15.520
[Title 28B RCW—page 73]
28B.15.522
Title 28B RCW: Higher Education
1971 ex.s. c 279 § 12; 1970 ex.s. c 59 § 8; 1969 ex.s. c 261 §
29. Formerly RCW 28.85.310, part.]
Finding—Intent—2007 c 355: See note following RCW 28B.50.534.
and fees for students of foreign nations who are participants
in the international student exchange program. [1987 c 12 §
2.]
GED test, eligibility: RCW 28A.305.190.
"Totally disabled" defined for certain purposes: RCW 28B.15.385.
Additional notes found at www.leg.wa.gov
28B.15.522 Waiver of tuition and fees for long-term
unemployed or underemployed persons—Community
colleges. (1) The governing boards of the community colleges may waive all or a portion of the tuition and services
and activities fees for persons under subsection (2) of this
section pursuant to the following conditions:
(a) Such persons shall register for and be enrolled in
courses on a space available basis and new course sections
shall not be created as a result of the registration;
(b) Enrollment information on persons registered pursuant to this section shall be maintained separately from other
enrollment information and shall not be included in official
enrollment reports, nor shall such persons be considered in
any enrollment statistics which would affect budgetary determinations; and
(c) Persons who enroll under this section shall have the
same access to support services as do all other students and
shall be subject to all course prerequisite requirements.
(2) A person is eligible for the waiver under subsection
(1) of this section if the person:
(a) Meets the requirements for a resident student under
RCW 28B.15.011 through 28B.15.015;
(b) Is twenty-one years of age or older;
(c) At the time of initial enrollment under subsection (1)
of this section, has not attended an institution of higher education for the previous six months;
(d) Is not receiving or is not entitled to receive unemployment compensation of any nature under Title 50 RCW;
and
(e) Has an income at or below the need standard established under chapter 74.04 RCW by the department of social
and health services.
(3) The state board for community and technical colleges
shall adopt rules to carry out this section. [1993 sp.s. c 18 §
17; 1992 c 231 § 13; 1985 c 390 § 27; 1984 c 50 § 2.]
28B.15.522
Intent—1984 c 50: "The legislature finds that providing educational
opportunities to the long-term unemployed and underemployed is a valuable
incentive to these individuals to reestablish themselves as contributing members of society. To this end, the legislature finds that creating the opportunity
for these people to attend the state’s community colleges on a space available
basis, without charge, will provide the impetus for self-improvement without
drawing upon the limited resources of the state or its institutions." [1984 c
50 § 1.]
Additional notes found at www.leg.wa.gov
28B.15.524 Community college international student
exchange program. The community college international
student exchange program is hereby established. [1987 c 12
§ 1.]
28B.15.524
28B.15.526 Community college international student
exchange program—Resident tuition for participants
authorized. The legislature intends to permit the governing
boards of the community colleges to charge resident tuition
28B.15.526
[Title 28B RCW—page 74]
28B.15.527 Waiver of nonresident tuition fees differential for students of foreign nations—Community colleges. Subject to the limitations of RCW 28B.15.910, the
governing boards of the community colleges may waive all
or a portion of the nonresident tuition fees differential for
undergraduate students of foreign nations as follows:
(1) Priority in the awarding of waivers shall be given to
students on academic exchanges and students participating in
special programs recognized through formal agreements
between states, cities, or institutions;
(2) The waiver programs under this section shall promote reciprocal placements and waivers in foreign nations
for Washington residents. The number of foreign students
granted waivers through this program shall not exceed the
number of that institution’s own students enrolled in
approved study programs abroad during the same period;
(3) No reciprocal placements shall be required for up to
thirty students participating in the Georgetown University
scholarship program funded by the United States agency for
international development;
(4) Participation shall be limited to one hundred full-time
foreign students each year. [1993 sp.s. c 18 § 18; 1992 c 231
§ 14; 1989 c 245 § 5; 1987 c 12 § 3.]
28B.15.527
Additional notes found at www.leg.wa.gov
28B.15.540 Waiver of tuition and fees for residents
sixty years of age or older—Limitations. Consistent with
the regulations and procedures established by the governing
boards of the state universities, the regional universities, and
The Evergreen State College and the state board for community and technical colleges, each institution may for Washington residents who are sixty years of age or older:
(1) Waive, in whole or in part, the tuition and services
and activities fees for students who qualify under this section
and who are enrolled for credit, and
(2) Waive, in whole or in part, the tuition and services
and activities fees for students who qualify under this section,
but charge a nominal fee not to exceed five dollars per quarter, or semester, as the case may be, for such students who are
enrolled on an audit basis: PROVIDED, That residents
enrolling with fee exemptions under this section shall register
for not more than two quarter or semester courses at one time
on a space available basis, and no new course sections shall
be created as a direct result of such registration: PROVIDED
FURTHER, That such waivers shall not be available to students who plan to use the course credits gained thereby for
increasing credentials or salary schedule increases: PROVIDED FURTHER, That enrollment information concerning
fee exemptions awarded under this section shall be maintained separately from other enrollment information but shall
not be included in official enrollment reports: PROVIDED,
That persons who enroll pursuant to provisions of this section
shall not be considered for any purpose in determining student-teacher ratio, nor for any purpose relating to enrollment
totals, nor any other statistic which would affect budgetary
determinations. Persons enrolling under the provisions of this
28B.15.540
(2010 Ed.)
College and University Fees
section shall have, in equal with all other students, access to
course counseling services and shall be subject to all course
prerequisite requirements. [1992 c 231 § 16; 1985 c 390 §
29; 1975 1st ex.s. c 157 § 2.]
Purpose—1975 1st ex.s. c 157: "In recognition of the worthwhile goal
of making education a life-long process, it is the declared desire of the legislature to promote the availability of postsecondary education for the state’s
older residents." [1975 1st ex.s. c 157 § 1.]
Additional notes found at www.leg.wa.gov
28B.15.543 Waiver or grant of tuition and fees for
recipients of the Washington scholars award—Qualifications. (1) Subject to the limitations of RCW 28B.15.910, the
governing boards of the state universities, the regional universities, The Evergreen State College, and the community
colleges shall waive tuition and service and activities fees for
students named by the higher education coordinating board
on or before June 30, 1994, as recipients of the Washington
sc ho l ar s a wa r d u n d e r R C W 2 8 A. 6 0 0 . 1 00 t h r ou g h
28A.600.150. The waivers shall be used only for undergraduate studies. To qualify for the waiver, recipients shall enter
the college or university within three years of high school
graduation and maintain a minimum grade point average at
the college or university equivalent to 3.30. Students shall be
eligible to receive a maximum of twelve quarters or eight
semesters of waivers and may transfer among state-supported
institutions of higher education during that period and continue to have the tuition and services and activities fees
waived by the state-supported institution of higher education
that the student attends. Should the student’s cumulative
grade point average fall below 3.30 during the first three
quarters or two semesters, that student may petition the
higher education coordinating board which shall have the
authority to establish a probationary period until such time as
the student’s grade point average meets required standards.
(2) Students named by the higher education coordinating
board after June 30, 1994, as recipients of the Washington
sc ho l ar s a wa r d u n d e r R C W 2 8 A. 6 0 0 . 1 00 t h r ou g h
28A.600.150 shall be eligible to receive a grant for undergraduate course work as authorized under RCW 28B.76.660.
[2004 c 275 § 49; 1995 1st sp.s. c 5 § 2; 1993 sp.s. c 18 § 19;
1992 c 231 § 17; 1990 c 33 § 558; 1987 c 465 § 2. Prior:
1985 c 390 § 30; 1985 c 370 § 68; 1985 c 341 § 16; 1984 c
278 § 17.]
28B.15.543
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
28B.15.556
Findings—Intent—1999 c 344: "The legislature finds that policies
that encourage regional planning and access to higher education benefit both
the students and the state. Such policies improve access, reduce unnecessary
duplication, and make higher education more cost-effective. The western
undergraduate exchange program, coordinated by the western interstate
commission for higher education is a program through which students in participating states may enroll in designated institutions in other participating
states at a special, reduced tuition level. During the 1998-99 school year
institutions in fifteen western states participated in the western undergraduate exchange program, including Washington’s bordering states of Oregon
and Idaho. Eastern Washington University participated on a pilot basis. It is
the intent of the legislature to permit Washington’s institutions of higher
education to participate in the western undergraduate exchange program."
[1999 c 344 § 1.]
28B.15.545 Waiver of tuition and fees for recipients
of the Washington award for vocational excellence—
Grants. (1) Subject to the limitations of RCW 28B.15.910,
the governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges shall waive tuition and services and activities
fees for a maximum of two years for those recipients of the
Washington award for vocational excellence established
under RCW 28C.04.520 through 28C.04.540 who received
their awards before June 30, 1994. Each recipient shall not
receive a waiver for more than six quarters or four semesters.
To qualify for the waiver, recipients shall enter the college or
university within three years of receiving the award. A minimum grade point average at the college or university equivalent to 3.00, or an above-average rating at a technical college, shall be required in the first year to qualify for the second-year waiver. The tuition waiver shall be granted for
undergraduate studies only.
(2) Students named by the workforce training and education coordinating board after June 30, 1994, as recipients of
the Washington award for vocational excellence under RCW
28C.04.520 through 28C.04.550 shall be eligible to receive a
grant for undergraduate course work as authorized under
RCW 28B.76.670. [2004 c 275 § 50; 1995 1st sp.s. c 7 § 7;
1993 sp.s. c 18 § 20; 1992 c 231 § 18; 1987 c 231 § 1; 1985 c
390 § 31; 1984 c 267 § 6.]
28B.15.545
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.15.546 Second-year waiver of tuition and fees
for recipients of the Washington award for vocational
excellence. Students receiving the Washington award for
vocational excellence in 1987 and thereafter are eligible for a
second-year waiver. [1987 c 231 § 5.]
28B.15.546
Additional notes found at www.leg.wa.gov
28B.15.555 Waiver of tuition and fees for students of
foreign nations—Intent. The legislature intends to permit
the governing boards of the four-year institutions of higher
education to waive tuition and fees for certain students of foreign nations. To the greatest extent possible, students chosen
for these waivers and for the institutions’ own approved
study abroad programs shall reflect the range of socioeconomic and ethnic characteristics of the students’ institutions
and native countries. [1986 c 232 § 1.]
28B.15.555
28B.15.544 Waiver of nonresident tuition fees differential for western undergraduate exchange program students. Subject to the limitations of RCW 28B.15.910, the
governing boards of Washington State University, Eastern
Washington University, and Central Washington University
may waive all or a portion of the difference between fifty percent of the resident tuition and fees amount and the nonresident tuition fees differential for nonresident students who
enroll under the western interstate commission for higher
education western undergraduate exchange program. [1999 c
344 § 2.]
28B.15.544
(2010 Ed.)
28B.15.556 Waiver of tuition and fees for students of
foreign nations—Authorized—Limitations. Subject to the
28B.15.556
[Title 28B RCW—page 75]
28B.15.558
Title 28B RCW: Higher Education
limitations of RCW 28B.15.910, the governing boards of the
state universities, the regional universities, and The Evergreen State College may waive all or a portion of the tuition,
and services and activities fees for undergraduate or graduate
students of foreign nations subject to the following limitations:
(1) No more than the equivalent of one hundred waivers
may be awarded to undergraduate or graduate students of foreign nations at each of the two state universities;
(2) No more than the equivalent of twenty waivers may
be awarded to undergraduate or graduate students of foreign
nations at each of the regional universities and The Evergreen
State College;
(3) Priority in the awarding of waivers shall be given to
students on academic exchanges or academic special programs sponsored by recognized international educational
organizations; and
(4) An undergraduate or graduate student of a foreign
nation receiving a waiver under this section is not eligible for
any other waiver.
The waiver programs under this section, to the greatest
extent possible, shall promote reciprocal placements and
waivers in foreign nations for Washington residents. The
number of waivers awarded by each institution shall not
exceed the number of that institution’s own students enrolled
in approved study programs abroad during the same period.
[1993 sp.s. c 18 § 21; 1992 c 231 § 19; 1986 c 232 § 2.]
Additional notes found at www.leg.wa.gov
28B.15.558 Waiver of tuition and fees for state
employees and educational employees. (1) The governing
boards of the state universities, the regional universities, The
Evergreen State College, and the community colleges may
waive all or a portion of the tuition and services and activities
fees for state employees as defined under subsection (2) of
this section and teachers and other certificated instructional
staff under subsection (3) of this section. The enrollment of
these persons is pursuant to the following conditions:
(a) Such persons shall register for and be enrolled in
courses on a space available basis and no new course sections
shall be created as a result of the registration;
(b) Enrollment information on persons registered pursuant to this section shall be maintained separately from other
enrollment information and shall not be included in official
enrollment reports, nor shall such persons be considered in
any enrollment statistics that would affect budgetary determinations; and
(c) Persons registering on a space available basis shall be
charged a registration fee of not less than five dollars.
(2) For the purposes of this section, "state employees"
means persons employed half-time or more in one or more of
the following employee classifications:
(a) Permanent employees in classified service under
chapter 41.06 RCW;
(b) Permanent employees governed by chapter 41.56
RCW pursuant to the exercise of the option under *RCW
41.56.201;
(c) Permanent classified employees and exempt paraprofessional employees of technical colleges; and
28B.15.558
[Title 28B RCW—page 76]
(d) Faculty, counselors, librarians, and exempt professional and administrative employees at institutions of higher
education as defined in RCW 28B.10.016.
(3) The waivers available to state employees under this
section shall also be available to teachers and other certificated instructional staff employed at public common and
vocational schools, holding or seeking a valid endorsement
and assignment in a state-identified shortage area.
(4) In awarding waivers, an institution of higher education may award waivers to eligible persons employed by the
institution before considering waivers for eligible persons
who are not employed by the institution.
(5) If an institution of higher education exercises the
authority granted under this section, it shall include all eligible state employees in the pool of persons eligible to participate in the program.
(6) In establishing eligibility to receive waivers, institutions of higher education may not discriminate between fulltime employees and employees who are employed half-time
or more. [2007 c 461 § 1; 2005 c 249 § 4; 2003 c 160 § 2;
1997 c 211 § 1; 1996 c 305 § 3; 1992 c 231 § 20; 1990 c 88 §
1.]
*Reviser’s note: RCW 41.56.201 was repealed by 2002 c 354 § 403,
effective July 1, 2005.
Finding—Intent—2003 c 160: "The legislature finds that military and
naval veterans who have served their country in wars on foreign soil have
risked their own lives to defend both the lives of all Americans and the freedom that define[s] and distinguish[es] our nation. It is the intent of the legislature to honor veterans of the Korean conflict for the public service they
have provided to their country." [2003 c 160 § 1.]
Additional notes found at www.leg.wa.gov
28B.15.600 Refunds or cancellation of fees—Fouryear institutions of higher education. (1) The governing
boards of the state universities, the regional universities, and
The Evergreen State College may refund or cancel in full the
tuition and services and activities fees if the student withdraws from a university or college course or program prior to
the sixth day of instruction of the quarter or semester for
which the fees have been paid or are due. If the student withdraws on or after the sixth day of instruction, the governing
boards may refund or cancel up to one-half of the fees, provided such withdrawal occurs within the first thirty calendar
days following the beginning of instruction. However, if a
different policy is required by federal law in order for the
institution of higher education to maintain eligibility for federal funding of programs, the governing board may adopt a
refund policy that meets the minimum requirements of the
federal law, and the policy may treat all students attending
the institution in the same manner. Additionally, if federal
law provides that students who receive federal financial aid
must return a larger amount to the federal government than
that refunded by the institution, the governing board may
adopt a refund policy that uses the formula used to calculate
the amount returned to the federal government, and the policy
may treat all students attending the institution in the same
manner.
(2) The governing boards of the respective universities
and college may adopt rules for the refund of tuition and fees
for courses or programs that begin after the start of the regular quarter or semester.
28B.15.600
(2010 Ed.)
College and University Fees
(3) The governing boards may extend the refund or cancellation period for students who withdraw for medical reasons, shall adopt policies that comply with RCW 28B.10.270
for students who are called into the military service of the
United States, and may refund other fees pursuant to such
rules as they may prescribe. [2004 c 161 § 2; 2003 c 319 § 1;
1995 c 36 § 1; 1993 sp.s. c 18 § 22; 1991 c 164 § 5; 1985 c
390 § 32; 1983 c 256 § 1; 1977 ex.s. c 169 § 40; 1973 1st ex.s.
c 46 § 2; 1971 ex.s. c 279 § 15; 1969 ex.s. c 223 §
28B.15.600. Prior: 1963 c 89 § 1. Formerly RCW
28.76.430.]
Effective date—2004 c 161: See note following RCW 28B.10.270.
Additional notes found at www.leg.wa.gov
28B.15.605 Refunds or cancellation of fees—Community colleges and technical colleges. (1) The governing
boards of the community colleges and technical colleges
shall refund or cancel up to one hundred percent but no less
than eighty percent of the tuition and services and activities
fees if the student withdraws from a college course or program before the sixth day of instruction of the regular quarter
for which the fees have been paid or are due. If the student
withdraws on or after the sixth day of instruction, the governing boards shall refund or cancel up to fifty percent but no
less than forty percent of the fees provided such withdrawal
occurs within the first twenty calendar days following the
beginning of instruction. However, if a different policy is
required by federal law in order for the college to maintain
eligibility for federal funding of programs, the governing
board may adopt a refund policy that meets the minimum
requirements of the federal law and the policy may treat all
students attending the institution in the same manner.
(2) The governing boards of the respective community
college or technical college shall adopt rules consistent with
subsection (1) of this section for the refund of tuition and fees
for the summer quarter and for courses or programs that
begin after the start of the regular quarter.
(3) The governing boards of community colleges and
technical colleges may extend the refund or cancellation
period for students who withdraw for medical reasons and
shall adopt policies that comply with RCW 28B.10.270 for
students who are called into the military service of the United
States. [2004 c 161 § 3; 1995 c 36 § 2.]
28B.15.605
Effective date—2004 c 161: See note following RCW 28B.10.270.
Additional notes found at www.leg.wa.gov
28B.15.610 Voluntary fees of students. The provisions of this chapter shall not apply to or affect any student
fee or charge which the students voluntarily maintain upon
themselves for student purposes only. Students are authorized to create or increase voluntary student fees for each academic year when passed by a majority vote of the student
government or its equivalent, or referendum presented to the
student body or such other process that has been adopted
under this section. Notwithstanding *RCW 42.17.190 (2)
and (3), voluntary student fees imposed under this section
and services and activities fees may be used for lobbying by
a student government association or its equivalent and may
also be used to support a statewide or national student organization or its equivalent that may engage in lobbying. [2009 c
28B.15.610
(2010 Ed.)
28B.15.621
179 § 1; 1969 ex.s. c 223 § 28B.15.610. Prior: 1915 c 66 §
8; RRS § 4552. Formerly RCW 28.77.065.]
*Reviser’s note: RCW 42.17.190 was recodified as RCW 42.17A.635
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
28B.15.615 Exemption from resident operating fees
and technology fees for persons holding graduate service
appointments. Subject to the limitations of RCW
28B.15.910, the governing boards of the state universities
and the regional universities may exempt the following students from paying all or a portion of the resident operating
fee and the technology fee: Students granted a graduate service appointment, designated as such by the institution,
involving not less than twenty hours of work per week. The
exemption shall be for the term of the appointment. [1996 c
142 § 3; 1993 sp.s. c 18 § 23; 1992 c 231 § 21; 1984 c 105 §
1.]
28B.15.615
Additional notes found at www.leg.wa.gov
28B.15.621 Tuition waivers—Veterans and national
guard members—Dependents—Private institutions. (1)
The legislature finds that active military and naval veterans,
reserve military and naval veterans, and national guard members called to active duty have served their country and have
risked their lives to defend the lives of all Americans and the
freedoms that define and distinguish our nation. The legislature intends to honor active military and naval veterans,
reserve military and naval veterans, and national guard members who have served on active military or naval duty for the
public service they have provided to this country.
(2) Subject to the limitations in RCW 28B.15.910, the
governing boards of the state universities, the regional universities, The Evergreen State College, and the community
colleges, may waive all or a portion of tuition and fees for an
eligible veteran or national guard member.
(3) The governing boards of the state universities, the
regional universities, The Evergreen State College, and the
community colleges, may waive all or a portion of tuition and
fees for a military or naval veteran who is a Washington
domiciliary, but who did not serve on foreign soil or in international waters or in another location in support of those
serving on foreign soil or in international waters and who
does not qualify as an eligible veteran or national guard member under subsection (8) of this section. However, there shall
be no state general fund support for waivers granted under
this subsection.
(4) Subject to the conditions in subsection (5) of this section and the limitations in RCW 28B.15.910, the governing
boards of the state universities, the regional universities, The
Evergreen State College, and the community colleges, shall
waive all tuition and fees for the following persons:
(a) A child and the spouse or the domestic partner or surviving spouse or surviving domestic partner of an eligible
veteran or national guard member who became totally disabled as a result of serving in active federal military or naval
service, or who is determined by the federal government to be
a prisoner of war or missing in action; and
(b) A child and the surviving spouse or surviving domestic partner of an eligible veteran or national guard member
who lost his or her life as a result of serving in active federal
military or naval service.
28B.15.621
[Title 28B RCW—page 77]
28B.15.625
Title 28B RCW: Higher Education
(5) The conditions in this subsection (5) apply to waivers
under subsection (4) of this section.
(a) A child must be a Washington domiciliary between
the age of seventeen and twenty-six to be eligible for the
tuition waiver. A child’s marital status does not affect eligibility.
(b)(i) A surviving spouse or surviving domestic partner
must be a Washington domiciliary.
(ii) Except as provided in (b)(iii) of this subsection, a
surviving spouse or surviving domestic partner has ten years
from the date of the death, total disability, or federal determination of prisoner of war or missing in action status of the eligible veteran or national guard member to receive benefits
under the waiver. Upon remarriage or registration in a subsequent domestic partnership, the surviving spouse or surviving
domestic partner is ineligible for the waiver of all tuition and
fees.
(iii) If a death results from total disability, the surviving
spouse has ten years from the date of death in which to
receive benefits under the waiver.
(c) Each recipient’s continued participation is subject to
the school’s satisfactory progress policy.
(d) Tuition waivers for graduate students are not required
for those who qualify under subsection (4) of this section but
are encouraged.
(e) Recipients who receive a waiver under subsection (4)
of this section may attend full-time or part-time. Total credits
earned using the waiver may not exceed two hundred quarter
credits, or the equivalent of semester credits.
(6) Required waivers of all tuition and fees under subsection (4) of this section shall not affect permissive waivers of
tuition and fees under subsection (3) of this section.
(7) Private vocational schools and private higher education institutions are encouraged to provide waivers consistent
with the terms in subsections (2) through (5) of this section.
(8) The definitions in this subsection apply throughout
this section.
(a) "Child" means a biological child, adopted child, or
stepchild.
(b) "Eligible veteran or national guard member" means a
Washington domiciliary who was an active or reserve member of the United States military or naval forces, or a national
guard member called to active duty, who served in active federal service, under either Title 10 or Title 32 of the United
States Code, in a war or conflict fought on foreign soil or in
international waters or in another location in support of those
serving on foreign soil or in international waters, and if discharged from service, has received an honorable discharge.
(c) "Totally disabled" means a person who has been
determined to be one hundred percent disabled by the federal
department of veterans affairs.
(d) "Washington domiciliary" means a person whose
true, fixed, and permanent house and place of habitation is
the state of Washington. "Washington domiciliary" includes
a person who is residing in rental housing or residing in base
housing. In ascertaining whether a child or surviving spouse
or surviving domestic partner is domiciled in the state of
Washington, public institutions of higher education shall, to
the fullest extent possible, rely upon the standards provided
in RCW 28B.15.013.
[Title 28B RCW—page 78]
(9) As used in subsection (4) of this section, "fees"
includes all assessments for costs incurred as a condition to a
student’s full participation in coursework and related activities at an institution of higher education.
(10) The governing boards of the state universities, the
regional universities, The Evergreen State College, and the
community colleges shall report to the higher education committees of the legislature by November 15, 2010, and every
two years thereafter, regarding the status of implementation
of the waivers under subsection (4) of this section. The
reports shall include the following data and information:
(a) Total number of waivers;
(b) Total amount of tuition waived;
(c) Total amount of fees waived;
(d) Average amount of tuition and fees waived per recipient;
(e) Recipient demographic data that is disaggregated by
distinct ethnic categories within racial subgroups; and
(f) Recipient income level, to the extent possible. [2009
c 316 § 1. Prior: 2008 c 188 § 1; 2008 c 6 § 501; 2007 c 450
§ 1; 2005 c 249 § 1.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
28B.15.625 Rights of Washington national guard and
other military reserve students called to active service.
Private vocational schools and private higher education institutions are encouraged to provide students who are members
of the Washington national guard or any other military
reserve component and who are ordered for a period exceeding thirty days into active state service or federal active military service the same rights and opportunities provided under
RCW 28B.10.270 by public higher education institutions.
[2004 c 161 § 4; 1991 c 164 § 10.]
28B.15.625
Effective date—2004 c 161: See note following RCW 28B.10.270.
28B.15.700 Nonresident tuition fees—Exemption
under Western regional higher education compact contracts. See RCW 28B.70.050.
28B.15.700
28B.15.725 Home tuition programs. (1) The governing boards of the state universities, the regional universities,
and The Evergreen State College may establish home tuition
programs by negotiating home tuition agreements with an
out-of-state institution or consortium of institutions of higher
education if no loss of tuition and fee revenue occurs as a
result of the agreements.
(2) Home tuition agreements allow students at Washington state institutions of higher education to attend an out-ofstate institution of higher education as part of a student
exchange. Students participating in a home tuition program
shall pay an amount equal to their regular, full-time tuition
and required fees to either the Washington institution of
higher education or the out-of-state institution of higher education depending upon the provisions of the particular agreement. Payment of course fees in excess of generally applicable tuition and required fees must be addressed in each home
tuition agreement to ensure that the instructional programs of
the Washington institution of higher education do not incur
additional uncompensated costs as a result of the exchange.
28B.15.725
(2010 Ed.)
College and University Fees
(3) Student participation in a home tuition agreement
authorized by this section is limited to one academic year.
(4) Students enrolled under a home tuition agreement
shall reside in Washington state for the duration of the program, may not use the year of enrollment under this program
to establish Washington state residency, and are not eligible
for state financial aid. [1997 c 433 § 4; 1994 c 234 § 1; 1993
sp.s. c 18 § 26; 1992 c 231 § 24; 1989 c 290 § 2.]
Intent—1997 c 433: "It is the intent of the legislature to provide for
diverse educational opportunities at the state’s institutions of higher education and to facilitate student participation in educational exchanges with
institutions outside the state of Washington. To accomplish this, this act
establishes a home tuition program allowing students at Washington state
institutions of higher education to take advantage of out-of-state and international educational opportunities while paying an amount equal to their regularly charged tuition and required fees." [1997 c 433 § 1.]
Intent—1989 c 290; 1994 c 234: "The legislature recognizes that a
unique educational experience can result from an undergraduate student
attending an out-of-state institution. It also recognizes that some Washington
residents may be unable to pursue such out-of-state enrollment owing to their
limited financial resources and the higher cost of nonresident tuition. The
legislature intends to facilitate expanded nonresident undergraduate enrollment opportunities for residents of the state by authorizing the governing
boards of the four-year institutions of higher education to enter into
exchange programs with other states’ institutions with comparable programs
wherein the participating institutions agree that visiting undergraduate students will pay resident tuition rates of the host institutions." [1994 c 234 § 2;
1989 c 290 § 1.]
Additional notes found at www.leg.wa.gov
28B.15.730 Waiver of nonresident tuition fees differential—Washington/Oregon reciprocity program. Subject to the limitations of RCW 28B.15.910, the state board for
community and technical colleges and the governing boards
of the state universities, the regional universities, the community colleges, and The Evergreen State College may waive all
or a portion of the nonresident tuition fees differential for residents of Oregon, upon completion of and to the extent permitted by an agreement between the higher education coordinating board and appropriate officials and agencies in Oregon
granting similar waivers for residents of the state of Washington. [1993 sp.s. c 18 § 27; 1992 c 231 § 25; 1985 c 370 §
69; 1983 c 104 § 1; 1979 c 80 § 1.]
28B.15.730
Additional notes found at www.leg.wa.gov
28B.15.732 Washington/Oregon reciprocity tuition
and fee program—Reimbursement when greater net revenue loss. Prior to January 1 of each odd-numbered year the
higher education coordinating board, in cooperation with the
*state board for community college education, and in consultation with appropriate agencies and officials in the state of
Oregon, shall determine for the purposes of RCW
28B.15.730 the number of students for whom nonresident
tuition and fees have been waived for the first academic year
of the biennium and the fall term of the second academic
year, and make an estimate of the number of such students for
the remainder of the second academic year, and the difference between the aggregate amount of tuition and fees that
would have been paid to the respective states by residents of
the other state had such waivers not been made, and the
aggregate amount of tuition and fees paid by residents of the
other state. Should the board determine that the state of Oregon has experienced a greater net tuition and fee revenue loss
than institutions in Washington, it shall pay from funds
28B.15.732
(2010 Ed.)
28B.15.740
appropriated for this purpose to the appropriate agency or
institutions in Oregon an amount determined by subtracting
the net tuition and fee revenue loss of Washington from the
net tuition and fee revenue loss of Oregon, minus twenty-five
thousand dollars for each year of the biennium: PROVIDED,
That appropriate officials in the state of Oregon agree to
make similar restitution to the state of Washington should the
net tuition and fee revenue loss in Washington be greater than
that in Oregon. [1985 c 370 § 70; 1979 c 80 § 2.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.15.734 Washington/Oregon reciprocity tuition
and fee program—Implementation agreement. The
higher education coordinating board may enter into an agreement with appropriate officials or agencies in Oregon to
implement the provisions of RCW 28B.15.730 through
28B.15.734. [1985 c 370 § 71; 1979 c 80 § 3.]
28B.15.734
Additional notes found at www.leg.wa.gov
28B.15.736 Washington/Oregon reciprocity tuition
and fee program—Program review. By January 10 of each
odd-numbered year, the higher education coordinating board
shall review the costs and benefits of this program and shall
transmit copies of their review to the governor and the appropriate policy and fiscal committees of the legislature. [1985
c 370 § 72; 1983 c 104 § 2; 1979 c 80 § 4.]
28B.15.736
Additional notes found at www.leg.wa.gov
28B.15.740 Limitation on total tuition and fee waivers. (1) Subject to the limitations of RCW 28B.15.910, the
governing boards of the state universities, the regional universities, The Evergreen State College, and the community
colleges may waive all or a portion of tuition and fees for
needy students who are eligible for resident tuition and fee
rates pursuant to RCW 28B.15.012 and 28B.15.013. Subject
to the limitations of RCW 28B.15.910, the governing boards
of the state universities, the regional universities, The Evergreen State College, and the community colleges may waive
all or a portion of tuition and fees for other students at the discretion of the governing boards, except on the basis of participation in intercollegiate athletic programs, not to exceed
three-fourths of one percent of gross authorized operating
fees revenue under RCW 28B.15.910 for the community colleges considered as a whole and not to exceed two percent of
gross authorized operating fees revenue for the other institutions of higher education.
(2) In addition to the tuition and fee waivers provided in
subsection (1) of this section and subject to the provisions of
RCW 28B.15.455, 28B.15.460, and 28B.15.910, a total dollar amount of tuition and fee waivers awarded by any state
university, regional university, or state college under this
chapter, not to exceed one percent, as calculated in subsection
(1) of this section, may be used for the purpose of achieving
or maintaining gender equity in intercollegiate athletic programs. At any institution that has an underrepresented gender
class in intercollegiate athletics, any such waivers shall be
awarded:
28B.15.740
[Title 28B RCW—page 79]
28B.15.750
Title 28B RCW: Higher Education
(a) First, to members of the underrepresented gender
class who participate in intercollegiate athletics, where such
waivers result in saved or displaced money that can be used
for athletic programs for the underrepresented gender class.
Such saved or displaced money shall be used for programs
for the underrepresented gender class; and
(b) Second, (i) to nonmembers of the underrepresented
gender class who participate in intercollegiate athletics,
where such waivers result in saved or displaced money that
can be used for athletic programs for members of the underrepresented gender class. Such saved or displaced money
shall be used for programs for the underrepresented gender
class; or (ii) to members of the underrepresented gender class
who participate in intercollegiate athletics, where such waivers do not result in any saved or displaced money that can be
used for athletic programs for members of the underrepresented gender class. [1997 c 207 § 1; 1995 1st sp.s. c 9 § 9;
1993 sp.s. c 18 § 28; 1992 c 231 § 26; 1989 c 340 § 2; 1986 c
232 § 3; 1985 c 390 § 33; 1982 1st ex.s. c 37 § 9; 1980 c 62 §
1; 1979 ex.s. c 262 § 1.]
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
loss of Idaho, minus twenty-five thousand dollars for each
year of the biennium if the appropriate officials in the state of
Idaho agree to make similar restitution to the state of Washington should the net tuition and fee revenue loss in Washington be greater than that in Idaho. [1985 c 370 § 74; 1983 c
166 § 2.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
28B.15.754 Washington/Idaho reciprocity tuition
and fee program—Implementation agreement—Program review. The higher education coordinating board may
enter into an agreement with appropriate officials or agencies
in the state of Idaho to implement RCW 28B.15.750 and
28B.15.752. By January 10 of each odd-numbered year, the
board shall review the costs and benefits of any agreement
entered into under RCW 28B.15.750 and shall transmit copies of their review to the governor and the appropriate policy
and fiscal committees of the legislature. [1987 c 446 § 1;
1985 c 370 § 75; 1983 c 166 § 3.]
28B.15.754
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
28B.15.756 Waiver of nonresident tuition fees differential—Washington/British Columbia reciprocity program. Subject to the limitations of RCW 28B.15.910, the
governing boards of the state universities, the regional universities, and The Evergreen State College and the state
board for community and technical colleges may waive all or
a portion of the nonresident tuition fees differential for residents of the Canadian province of British Columbia, upon
completion of and to the extent permitted by an agreement
between the higher education coordinating board and appropriate officials and agencies in the Canadian province of British Columbia providing for enrollment opportunities for residents of the state of Washington without payment of tuition
or fees in excess of those charged to residents of British
Columbia. [1993 sp.s. c 18 § 30; 1992 c 231 § 28; 1987 c 446
§ 2; 1985 c 370 § 76; 1983 c 166 § 4.]
28B.15.756
28B.15.750 Waiver of nonresident tuition fees differential—Washington/Idaho reciprocity program. Subject
to the limitations of RCW 28B.15.910, the governing boards
of the state universities, the regional universities, and The
Evergreen State College and the state board for community
and technical colleges may waive all or a portion of the nonresident tuition fees differential for residents of Idaho, upon
completion of and to the extent permitted by an agreement
between the higher education coordinating board and appropriate officials and agencies in Idaho granting similar waivers
for residents of the state of Washington. [1993 sp.s. c 18 §
29; 1992 c 231 § 27; 1985 c 370 § 73; 1983 c 166 § 1.]
28B.15.750
Additional notes found at www.leg.wa.gov
28B.15.752 Washington/Idaho reciprocity tuition
and fee program—Reimbursement when greater net revenue loss. Prior to January 1 of each odd-numbered year, the
higher education coordinating board, in cooperation with the
*state board for community college education and in consultation with appropriate agencies and officials in the state of
Idaho, shall determine for the purposes of RCW 28B.15.750
the number of students for whom nonresident tuition and fees
have been waived for the first academic year of the biennium
and the fall term of the second academic year, and make an
estimate of the number of such students for the remainder of
the second academic year, and the difference between the
aggregate amount of tuition and fees that would have been
paid to the respective states by residents of the other state had
such waivers not been made, and the aggregate amount of
tuition and fees paid by residents of the other state. Should
the board determine that the state of Idaho has experienced a
greater net tuition and fee revenue loss than institutions in
Washington, it shall pay from funds appropriated for this purpose to the appropriate agency or institution in Idaho an
amount determined by subtracting the net tuition and fee revenue loss of Washington from the net tuition and fee revenue
28B.15.752
[Title 28B RCW—page 80]
Additional notes found at www.leg.wa.gov
28B.15.758 Washington/British Columbia reciprocity tuition and fee program—Implementation agreement—Program review. The higher education coordinating
board may enter into an agreement with appropriate officials
or agencies in the Canadian province of British Columbia to
implement RCW 28B.15.756. The agreement should provide
for a balanced exchange of enrollment opportunities, without
payment of excess tuition or fees, for residents of the state of
Washington or the Canadian province of British Columbia.
By January 10 of each odd-numbered year, the board shall
review the costs and benefits of any agreement entered into
under RCW 28B.15.756 and shall transmit copies of their
review to the governor and the appropriate policy and fiscal
committees of the legislature. [1987 c 446 § 3; 1985 c 370 §
77; 1983 c 166 § 5.]
28B.15.758
Additional notes found at www.leg.wa.gov
28B.15.760 Loan program for mathematics and science teachers—Definitions. Unless the context clearly
28B.15.760
(2010 Ed.)
College and University Fees
requires otherwise, the definitions in this section apply
throughout RCW 28B.15.762 and 28B.15.764.
(1) "Institution of higher education" or "institution"
means a college or university in the state of Washington
which is a member institution of an accrediting association
recognized as such by rule of the higher education coordinating board.
(2) "Board" means the higher education coordinating
board.
(3) "Eligible student" means a student registered for at
least ten credit hours or the equivalent and demonstrates
achievement of a 3.00 grade point average for each academic
year, who is a resident student as defined by RCW
28B.15.012 through 28B.15.015, who is a "needy student" as
defined in RCW 28B.92.030, and who has a declared major
in a program leading to a degree in teacher education in a
field of science or mathematics, or a certificated teacher who
meets the same credit hour and "needy student" requirements
and is seeking an additional degree in science or mathematics.
(4) "Public school" means a middle school, junior high
school, or high school within the public school system
referred to in Article IX of the state Constitution.
(5) "Forgiven" or "to forgive" means to collect service as
a teacher in a field of science or mathematics at a public
school in the state of Washington in lieu of monetary payment.
(6) "Satisfied" means paid-in-full.
(7) "Borrower" means an eligible student who has
received a loan under RCW 28B.15.762. [2004 c 275 § 65;
1985 c 370 § 79; 1983 1st ex.s. c 74 § 1.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.15.762 Loan program for mathematics and science teachers—Terms and conditions—Collection—Disposition of payments—Rules. (1) The board may make
long-term loans to eligible students at institutions of higher
education from the funds appropriated to the board for this
purpose. The amount of any such loan shall not exceed the
demonstrated financial need of the student or two thousand
five hundred dollars for each academic year whichever is
less, and the total amount of such loans to an eligible student
shall not exceed ten thousand dollars. The interest rates and
terms of deferral of such loans shall be consistent with the
terms of the guaranteed loan program established by 20
U.S.C. Sec. 1701 et seq. The period for repaying the loan
principal and interest shall be ten years with payments accruing quarterly commencing nine months from the date the borrower graduated. The entire principal and interest of each
loan payment shall be forgiven for each payment period in
which the borrower teaches science or mathematics in a public school in this state until the entire loan is satisfied or the
borrower ceases to teach science or mathematics at a public
school in this state. Should the borrower cease to teach science or mathematics at a public school in this state before the
time in which the principal and interest on the loan are satisfied, payments on the unsatisfied portion of the principal and
interest on the loan shall begin the next payment period and
continue until the remainder of the loan is paid.
28B.15.762
(2010 Ed.)
28B.15.790
(2) The board is responsible for collection of loans made
under subsection (1) of this section and shall exercise due diligence in such collection, maintaining all necessary records
to insure that maximum repayments are made. Collection and
servicing of loans under subsection (1) of this section shall be
pursued using the full extent of the law, including wage garnishment if necessary, and shall be performed by entities
approved for such servicing by the Washington student loan
guaranty association or its successor agency. The board is
responsible to forgive all or parts of such loans under the criteria established in subsection (1) of this section and shall
maintain all necessary records of forgiven payments.
(3) Receipts from the payment of principal or interest or
any other subsidies to which the board as lender is entitled,
which are paid by or on behalf of borrowers under subsection
(1) of this section, shall be deposited with the higher education coordinating board and shall be used to cover the costs of
making the loans under subsection (1) of this section, maintaining necessary records, and making collections under subsection (2) of this section. The board shall maintain accurate
records of these costs, and all receipts beyond those necessary to pay such costs shall be used to make loans to eligible
students.
(4) Any funds not used to make loans, or to cover the
cost of making loans or making collections, shall be placed in
the state educational trust fund for needy or disadvantaged
students.
(5) The board shall adopt necessary rules to implement
this section. [1996 c 107 § 2; 1985 c 370 § 80; 1983 1st ex.s.
c 74 § 2.]
Additional notes found at www.leg.wa.gov
28B.15.764 Loan program for mathematics and science teachers—Cooperation by board and institutions of
higher education. The board and institutions of higher education shall work cooperatively to implement RCW
28B.15.762 and to publicize this program to eligible students.
[1985 c 370 § 81; 1983 1st ex.s. c 74 § 3.]
28B.15.764
Additional notes found at www.leg.wa.gov
28B.15.766 Loan program for mathematics and science teachers—Duration—*Legislative budget committee review. No loans shall be made after August 23, 1989,
until the program is reviewed by the *legislative budget committee and is reenacted by the legislature. [1983 1st ex.s. c 74
§ 4.]
28B.15.766
*Reviser’s note: The "legislative budget committee" was redesignated
the "joint legislative audit and review committee" by 1996 c 288 § 3.
Additional notes found at www.leg.wa.gov
28B.15.790 Effective communication—Intent. The
legislature finds that the quality of undergraduate education
is enhanced by association with graduate assistants from
other countries who can effectively communicate their
knowledge and diverse cultural backgrounds.
It is the intent of the legislature to assist the institutions
in their effort to improve the quality of undergraduate education at the state’s four-year colleges and universities. Attainment of an excellent education is facilitated when communication is clear, concise, sensitive to cultural differences, and
28B.15.790
[Title 28B RCW—page 81]
28B.15.792
Title 28B RCW: Higher Education
demonstrative of proven pedagogical skills. It is the further
intent of the legislature to assure students and parents that
graduate teaching assistants at our state institutions of higher
education are able to communicate effectively and understandably with undergraduate students. [1991 c 228 § 1.]
28B.15.792
28B.15.792 Effective communication—Principles.
The Washington state legislature affirms the following principles:
(1) Washington’s college and university students are
entitled to excellent instruction at the state’s institutions of
higher education. Excellent education requires the ability to
communicate effectively in college classrooms and laboratories.
(2) The presence of students, faculty, and staff from
other countries on Washington’s college campuses enriches
the educational experience of Washington’s students and
enhances scholarship and research at the state’s colleges and
universities.
(3) With the exception of courses designed to be taught
primarily in a foreign language, undergraduate students shall
be provided with classroom instruction, laboratory instruction, clinics, seminars, studios, and other participatory and
activity courses by a person fluent in both the spoken and
written English language.
(4) Persons of all nationalities, races, religions, and ethnic backgrounds are welcome and valued in the state of
Washington. [1991 c 228 § 2.]
28B.15.794
28B.15.794 Effective communication—Implementation of principles. The governing board of each state university, regional university, state college, and community college shall ensure that the principles in *section 1 of this act
are implemented at its institution of higher education. [1991
c 228 § 3.]
*Reviser’s note: A translation of "section 1 of this act" is RCW
28B.15.790. RCW 28B.15.792 was apparently intended.
28B.15.796
28B.15.796 Effective communication—Task force to
improve communication and teaching skills of faculty and
teaching assistants. The council of presidents, in consultation with the higher education coordinating board, shall convene a task force of representatives from the four-year universities and colleges. The task force shall:
(1) Review institutional policies and procedures
designed to ensure that faculty and teaching assistants are
able to communicate effectively with undergraduate students
in classrooms and laboratories;
(2) Research methods and procedures designed to
improve the communication and teaching skills of any person
funded by state money who instructs undergraduate students
in classrooms and laboratories;
(3) Share the results of that research with each participating university and college; and
(4) Work with each participating university and college
to assist the institution in its efforts to improve the communication and pedagogical skills of faculty and teaching assistants instructing undergraduate students. [1991 c 228 § 4.]
[Title 28B RCW—page 82]
28B.15.800 Pledged bond retirement funds to be set
aside from tuition and fees—1977 ex.s. c 322. Notwithstanding any other section of chapter 322, Laws of 1977 ex.
sess., the boards of regents and trustees of the respective
institutions of higher education shall set aside from tuition
and fees charged in each schedule an amount heretofore
pledged and necessary for the purposes of bond retirement
until such time as any such debt has been satisfied. [1985 c
390 § 34; 1977 ex.s. c 322 § 15.]
28B.15.800
Additional notes found at www.leg.wa.gov
28B.15.805 Pledged bond retirement funds to be set
aside from tuition and fees—1981 c 257. Notwithstanding
any other provision of chapter 257, Laws of 1981, the boards
of regents and trustees of the respective institutions of higher
education shall set aside from tuition and fees charged in each
schedule an amount heretofore pledged and necessary for the
purposes of bond retirement until such time as any such debt
has been satisfied. [1981 c 257 § 10.]
28B.15.805
Additional notes found at www.leg.wa.gov
28B.15.820 Institutional financial aid fund—"Eligible student" defined. (1) Each institution of higher education, including technical colleges, shall deposit a minimum of
three and one-half percent of revenues collected from tuition
and services and activities fees in an institutional financial
aid fund that is hereby created and which shall be held
locally. Moneys in the fund shall be used only for the following purposes: (a) To make guaranteed long-term loans to eligible students as provided in subsections (3) through (8) of
this section; (b) to make short-term loans as provided in subsection (9) of this section; (c) to provide financial aid to
needy students as provided in subsection (10) of this section;
or (d) to provide financial aid to students as provided in subsection (11) of this section.
(2) An "eligible student" for the purposes of subsections
(3) through (8) and (10) of this section is a student registered
for at least three credit hours or the equivalent, who is eligible
for resident tuition and fee rates as defined in RCW
28B.15.012 and 28B.15.013, and who is a "needy student" as
defined in RCW 28B.92.030.
(3) The amount of the guaranteed long-term loans made
under this section shall not exceed the demonstrated financial
need of the student. Each institution shall establish loan
terms and conditions which shall be consistent with the terms
of the guaranteed loan program established by 20 U.S. Code
Section 1071 et seq., as now or hereafter amended. All loans
made shall be guaranteed by the Washington student loan
guaranty association or its successor agency. Institutions are
hereby granted full authority to operate as an eligible lender
under the guaranteed loan program.
(4) Before approving a guaranteed long-term loan, each
institution shall analyze the ability of the student to repay the
loan based on factors which include, but are not limited to,
the student’s accumulated total education loan burdens and
the employment opportunities and average starting salary
characteristics of the student’s chosen fields of study. The
institution shall counsel the student on the advisability of
acquiring additional debt, and on the availability of other
forms of financial aid.
28B.15.820
(2010 Ed.)
College and University Fees
(5) Each institution is responsible for collection of guaranteed long-term loans made under this section and shall
exercise due diligence in such collection, maintaining all necessary records to insure that maximum repayments are made.
Institutions shall cooperate with other lenders and the Washington student loan guaranty association, or its successor
agency, in the coordinated collection of guaranteed loans,
and shall assure that the guarantability of the loans is not violated. Collection and servicing of guaranteed long-term loans
under this section shall be performed by entities approved for
such servicing by the Washington student loan guaranty association or its successor agency: PROVIDED, That institutions be permitted to perform such servicing if specifically
recognized to do so by the Washington student loan guaranty
association or its successor agency. Collection and servicing
of guaranteed long-term loans made by community colleges
under subsection (1) of this section shall be coordinated by
the state board for community and technical colleges and
shall be conducted under procedures adopted by the state
board.
(6) Receipts from payment of interest or principal or any
other subsidies to which institutions as lenders are entitled,
that are paid by or on behalf of borrowers of funds under subsections (3) through (8) of this section, shall be deposited in
each institution’s financial aid fund and shall be used to cover
the costs of making the guaranteed long-term loans under this
section and maintaining necessary records and making collections under subsection (5) of this section: PROVIDED,
That such costs shall not exceed five percent of aggregate
outstanding loan principal. Institutions shall maintain accurate records of such costs, and all receipts beyond those necessary to pay such costs, shall be deposited in the institution’s
financial aid fund.
(7) The governing boards of the state universities, the
regional universities, and The Evergreen State College, and
the state board for community and technical colleges, on
behalf of the community colleges and technical colleges,
shall each adopt necessary rules and regulations to implement
this section.
(8) First priority for any guaranteed long-term loans
made under this section shall be directed toward students
who would not normally have access to educational loans
from private financial institutions in Washington state, and
maximum use shall be made of secondary markets in the support of loan consolidation.
(9) Short-term loans, not to exceed one year, may be
made from the institutional financial aid fund to students
enrolled in the institution. No such loan shall be made to any
student who is known by the institution to be in default or
delinquent in the payment of any outstanding student loan. A
short-term loan may be made only if the institution has ample
evidence that the student has the capability of repaying the
loan within the time frame specified by the institution for
repayment.
(10) Any moneys deposited in the institutional financial
aid fund that are not used in making long-term or short-term
loans may be used by the institution for locally administered
financial aid programs for needy students, such as need-based
institutional employment programs or need-based tuition and
fee scholarship or grant programs. These funds shall be used
in addition to and not to replace institutional funds that would
(2010 Ed.)
28B.15.910
otherwise support these locally administered financial aid
programs. First priority in the use of these funds shall be
given to needy students who have accumulated excessive
educational loan burdens. An excessive educational loan
burden is a burden that will be difficult to repay given
employment opportunities and average starting salaries in the
student’s chosen fields of study. Second priority in the use of
these funds shall be given to needy single parents, to assist
these students with their educational expenses, including
expenses associated with child care and transportation.
(11) Any moneys deposited in the institutional financial
aid fund may be used by the institution for a locally administered financial aid program for high school students enrolled
in dual credit programs. If institutions use funds in this manner, the governing boards of the state universities, the
regional universities, The Evergreen State College, and the
state board for community and technical colleges shall each
adopt necessary rules to implement this subsection. Moneys
from this fund may be used for all educational expenses
related to a student’s participation in a dual credit program
including but not limited to tuition, fees, course materials,
and transportation. [2009 c 215 § 9; 2007 c 404 § 4; 2004 c
275 § 66; 1995 1st sp.s. c 9 § 10. Prior: 1993 c 385 § 1; 1993
c 173 § 1; 1985 c 390 § 35; 1983 1st ex.s. c 64 § 1; 1982 1st
ex.s. c 37 § 13; 1981 c 257 § 9.]
Findings—Intent—Effective date—2009 c 215: See notes following
RCW 28B.92.030.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Additional notes found at www.leg.wa.gov
28B.15.821 Dual credit program—Definition. As
used in this chapter, "dual credit program" means a program,
administered by either an institution of higher education or a
high school, through which high school students in the eleventh or twelfth grade who have not yet received the credits
required for the award of a high school diploma apply to a
participating institution of higher education to enroll in
courses or programs offered by the institution of higher education and simultaneously earn high school and college
credit. [2009 c 215 § 8.]
28B.15.821
Findings—Intent—Effective date—2009 c 215: See notes following
RCW 28B.92.030.
28B.15.900 "State universities," "regional universities," "state college," "institutions of higher education,"
and "postsecondary institutions" defined. See RCW
28B.10.016.
28B.15.900
28B.15.910 Limitation on total operating fees revenue waived, exempted, or reduced—Outreach to veterans. (1) For the purpose of providing state general fund support to public institutions of higher education, except for revenue waived under programs listed in subsections (3) and (4)
of this section, and unless otherwise expressly provided in the
omnibus state appropriations act, the total amount of operating fees revenue waived, exempted, or reduced by a state university, a regional university, The Evergreen State College,
or the community colleges as a whole, shall not exceed the
28B.15.910
[Title 28B RCW—page 83]
28B.15.915
Title 28B RCW: Higher Education
percentage of total gross authorized operating fees revenue in
this subsection. As used in this section, "gross authorized
operating fees revenue" means the estimated gross operating
fees revenue as estimated under RCW 82.33.020 or as
revised by the office of financial management, before granting any waivers. This limitation applies to all tuition waiver
programs established before or after July 1, 1992.
(a) University of Washington
21 percent
(b) Washington State University
20 percent
(c) Eastern Washington University
11 percent
(d) Central Washington University
10 percent
(e) Western Washington University
10 percent
(f) The Evergreen State College
10 percent
(g) Community colleges as a whole
35 percent
(2) The limitations in subsection (1) of this section apply
to waivers, exemptions, or reductions in operating fees contained in the following:
(a) RCW 28B.15.014;
(b) RCW 28B.15.100;
(c) RCW 28B.15.225;
(d) RCW 28B.15.380;
(e) RCW 28B.15.520;
(f) RCW 28B.15.526;
(g) RCW 28B.15.527;
(h) RCW 28B.15.543;
(i) RCW 28B.15.545;
(j) RCW 28B.15.555;
(k) RCW 28B.15.556;
(l) RCW 28B.15.615;
(m) RCW 28B.15.621 (2) and (4);
(n) RCW 28B.15.730;
(o) RCW 28B.15.740;
(p) RCW 28B.15.750;
(q) RCW 28B.15.756;
(r) RCW 28B.50.259; and
(s) RCW 28B.70.050.
(3) The limitations in subsection (1) of this section do
not apply to waivers, exemptions, or reductions in services
and activities fees contained in the following:
(a) RCW 28B.15.522;
(b) RCW 28B.15.540;
(c) RCW 28B.15.558; and
(d) RCW 28B.15.621(3).
(4) The total amount of operating fees revenue waived,
exempted, or reduced by institutions of higher education participating in the western interstate commission for higher
education western undergraduate exchange program under
RCW 28B.15.544 shall not exceed the percentage of total
gross authorized operating fees revenue in this subsection.
(a) Washington State University
1 percent
(b) Eastern Washington University
3 percent
(c) Central Washington University
3 percent
(5) The institutions of higher education will participate
in outreach activities to increase the number of veterans who
receive tuition waivers. Colleges and universities shall revise
the application for admissions so that all applicants shall have
the opportunity to advise the institution that they are veterans
who need assistance. If a person indicates on the application
for admissions that the person is a veteran who is in need of
assistance, then the institution of higher education shall ask
the person whether they have any funds disbursed in accor[Title 28B RCW—page 84]
dance with the Montgomery GI Bill available to them. Each
institution shall encourage veterans to utilize funds available
to them in accordance with the Montgomery GI Bill prior to
providing the veteran a tuition waiver. [2008 c 188 § 3.
Prior: 2007 c 522 § 948; 2007 c 450 § 2; 2007 c 130 § 1; 2006
c 229 § 2; 2005 c 249 § 3; 2004 c 275 § 51; 2000 c 152 § 3;
1999 c 344 § 3; 1998 c 346 § 904; 1997 c 433 § 5; 1993 sp.s.
c 18 § 31; 1992 c 231 § 33.]
Severability—Effective date—2007 c 522: See notes following RCW
15.64.050.
Finding—Intent—2006 c 229: "The legislature finds that active military and naval veterans, reserve military and naval veterans, and national
guard members called to active duty have served their country and have
risked their lives to defend the lives of all Americans and the freedoms that
define and distinguish our nation. The legislature intends to honor active
military and naval veterans, reserve military and naval veterans, and national
guard members who have served on active military or naval duty for the public service they have provided to this country by making available to all eligible admitted veterans a waiver of operating fees by a state university, a
regional university, The Evergreen State College, or the community colleges
as a whole, to veterans who qualify under RCW 28B.15.621." [2006 c 229 §
1.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Findings—Intent—1999 c 344: See note following RCW 28B.15.544.
Intent—Severability—1997 c 433: See notes following RCW
28B.15.725.
Additional notes found at www.leg.wa.gov
28B.15.915 Waiver of operating fees—Report. In
addition to waivers granted under the authority of RCW
28B.15.910, the governing boards of the state universities,
the regional universities, The Evergreen State College, and
the community colleges, subject to state board policy, may
waive all or a portion of the operating fees for any student.
There shall be no state general fund support for waivers
granted under this section.
By January 31st of each odd-numbered year, the institutions of higher education shall prepare a report of the costs
and benefits of waivers granted under chapter 152, Laws of
2000 and shall transmit copies of their report to the appropriate policy and fiscal committees of the legislature. [2000 c
152 § 1.]
28B.15.915
28B.15.980 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. The rules and time periods to establish residency that apply to spouses of Washington residents
shall apply equally to state registered domestic partners of
Washington residents. [2009 c 521 § 74.]
28B.15.980
(2010 Ed.)
University of Washington
Chapter 28B.20
Chapter 28B.20 RCW
UNIVERSITY OF WASHINGTON
Sections
28B.20.055
28B.20.057
28B.20.060
28B.20.095
28B.20.100
28B.20.105
28B.20.110
28B.20.115
28B.20.116
28B.20.117
28B.20.130
28B.20.134
28B.20.135
28B.20.140
28B.20.145
28B.20.150
28B.20.200
28B.20.250
28B.20.253
28B.20.255
28B.20.277
28B.20.279
28B.20.280
28B.20.283
28B.20.285
28B.20.287
28B.20.289
28B.20.291
28B.20.293
28B.20.295
28B.20.296
28B.20.297
28B.20.298
28B.20.300
28B.20.305
28B.20.308
28B.20.315
28B.20.320
28B.20.328
28B.20.330
28B.20.332
28B.20.334
(2010 Ed.)
28B.20.340
28B.20.342
GENERAL
28B.20.010
28B.20.020
28B.20.054
28B.20.336
Designation.
Purpose.
Credits—Statewide transfer policy and agreement—Establishment.
"Major line" defined.
Major lines common to University of Washington and Washington State University.
Courses exclusive to University of Washington.
University fees.
Regents—Appointment—Terms—Vacancies—Quorum.
Regents—Organization and conduct of business—Bylaws,
rules and regulations—Meetings.
Regents—Secretary—Treasurer—Duties—Treasurer’s
bond.
Regents—Oaths.
Regents—Expenses.
Regents—Attorney general as advisor.
Powers and duties of regents—General.
Powers and duties of regents—Consent to sale of university
granted lands.
Powers and duties of regents—Employment of architects,
engineers, for construction of buildings and facilities.
Powers and duties of regents—Contracts for erection of
buildings or improvements.
Powers and duties of regents—Regents’ spending limited by
income.
Endowment investments—Disclosure of private fund information—Conflicts of interest.
Faculty—Composition—General powers.
Liability coverage of university personnel and students—
Authorized—Scope.
Liability coverage of university personnel and students—
Self-insurance revolving fund.
Liability coverage of university personnel and students—As
exclusive authority.
Mathematics, engineering, and science achievement program—Establishment and administration through university.
High-technology education and training.
Masters and doctorate level degrees in technology authorized—Review by higher education coordinating board.
Washington technology center—Findings.
Washington technology center—Created—Purpose.
Washington technology center—Definitions.
Washington technology center—Administration—Board of
directors.
Washington technology center—Support from participating
institutions.
Washington technology center—Role of department of community, trade, and economic development.
Washington technology center—Availability of facilities to
other institutions.
Washington technology center—Renewable energy and
energy efficiency business development—Strategic plan.
Washington technology center—Small business innovation
research assistance program.
Clean energy research, development, manufacturing, and
marketing—Findings—Policy.
Schools of medicine, dentistry, and related health services—
Authorization.
Schools of medicine, dentistry, and related health services—
Purpose.
Global Asia institute.
Drug testing laboratory—Service—Employees as expert witnesses, traveling expenses and per diem.
Marine biological preserve—Established and described—
Unlawful gathering of marine biological materials—Penalty.
Lease of lands with outdoor recreation potential—Restrictions—Unlawful to use posted lands.
Rights-of-way to railroads and streetcar railways—Conditions.
Rights-of-way to railroads and streetcar railways—Regents
to make agreement.
Rights-of-way to railroads and streetcar railways—Form of
deed—Certified copy filed.
28B.20.344
28B.20.350
28B.20.352
28B.20.354
28B.20.356
28B.20.360
28B.20.362
28B.20.364
28B.20.370
28B.20.381
28B.20.382
28B.20.394
28B.20.395
28B.20.396
28B.20.398
Chapter 28B.20
Rights-of-way to railroads and streetcar railways—Deed
conveys conditional easement.
University site dedicated for street and boulevard purposes—
Description.
University site dedicated for street and boulevard purposes—
Local assessments barred against site.
University site dedicated for street and boulevard purposes—
Eminent domain may not be exercised against site.
1947 conveyance for arboretum and botanical garden purposes—Description.
1947 conveyance for arboretum and botanical garden purposes—Deed of conveyance.
1947 conveyance for arboretum and botanical garden purposes—Part may be conveyed by regents to city of Seattle.
1947 conveyance for arboretum and botanical garden purposes—Reversion for unauthorized use—Reconveyance
for highway purposes.
1939 conveyance of shorelands to university—Description.
1939 conveyance of shorelands to university—Deed of conveyance.
1939 conveyance of shorelands to university—Grant for
arboretum and botanical garden purposes—Reversion for
unauthorized use—Reconveyance for highway purposes.
Transfer of certain Lake Union shorelands to university.
"University tract" defined.
University tract—Conditions for sale, lease, or lease
renewal—Inspection of records—Deposit of proceeds—
University of Washington facilities bond retirement
account.
University tract—Powers of regents—Agreements to pay for
governmental services.
University tract—Powers of regents, generally.
University tract—Bonding authority.
University tract—Powers of regents—Bond issuance—Covenants—Redemption—Action for compliance.
SCHOLARSHIPS, FELLOWSHIPS, SPECIAL RESEARCH PROJECTS,
AND HOSPITAL
28B.20.410
Center for research and training in intellectual and developmental disabilities—Established.
28B.20.412 Center for research and training in intellectual and developmental disabilities—Administration.
28B.20.414 Center for research and training in intellectual and developmental disabilities—Purpose.
28B.20.420 Graduate scholarships for engineering research—Established.
28B.20.422 Graduate scholarships for engineering research—Studies
published—Direction of program—Qualifications for
candidates.
28B.20.440 University hospital.
28B.20.450 Occupational and environmental research facility—Construction and maintenance authorized—Purpose.
28B.20.452 Occupational and environmental research facility—Industry
to share costs.
28B.20.454 Occupational and environmental research facility—Submission of industrial and occupational health problems to
facility—Availability of information.
28B.20.456 Occupational and environmental research facility—Advisory
committee.
28B.20.458 Occupational and environmental research facility—Acceptance of loans, gifts, etc.—Presentment of vouchers for
payments from accident and medical aid funds.
28B.20.462 Warren G. Magnuson institute for biomedical research and
health professions training—Established.
28B.20.464 Warren G. Magnuson institute—Purposes.
28B.20.466 Warren G. Magnuson institute—Endowment fund earnings.
28B.20.472 Warren G. Magnuson institute—Local endowment fund.
28B.20.475 Sea grant program—Geoduck aquaculture—Scientific
research studies—Reports.
28B.20.476 Sea grant program—Geoduck aquaculture research account.
28B.20.478 Center for human rights.
28B.20.4781 Center for human rights—Reports.
28B.20.500 Medical students from rural areas—Admission preference.
FINANCING BUILDINGS AND FACILITIES—1957 ACT
28B.20.700
28B.20.705
28B.20.710
28B.20.715
Construction, remodeling, improvement, financing, etc.,
authorized.
Definitions.
Contracts, issuance of evidences of indebtedness, acceptance
of grants.
Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Use of proceeds.
[Title 28B RCW—page 85]
Chapter 28B.20
28B.20.720
28B.20.721
28B.20.725
28B.20.730
28B.20.735
28B.20.740
Title 28B RCW: Higher Education
University of Washington bond retirement fund—Composition—Pledge of building fees.
Revenues derived from certain university lands deposited in
University of Washington bond retirement fund.
Additional powers of board—Issuance of bonds, investments, transfer of funds, etc.
Refunding bonds.
Bonds not general obligations—Legislature may provide
additional means of payment.
RCW 28B.20.700 through 28B.20.740 as concurrent with
other laws.
MISCELLANEOUS
28B.20.744
28B.20.745
28B.20.750
28B.20.751
28B.20.752
28B.20.753
28B.20.754
28B.20.755
28B.20.756
28B.20.757
28B.20.758
28B.20.759
28B.20.770
28B.20.800
28B.20.805
28B.20.810
28B.20.820
University buildings and facilities for critical patient care or
specialized medical research—Alternative process for
awarding contracts—Reports to capital projects advisory
review board.
Validation—1959 c 193.
Hospital project bonds—State general obligation bonds in
lieu of revenue bonds.
Hospital project bonds—Amount authorized.
Hospital project bonds—Bond anticipation notes, authorized,
payment.
Hospital project bonds—Form, terms, conditions, sale, and
covenants for bonds and notes.
Hospital project bonds—Disposition of proceeds.
Hospital project bonds—Administration of proceeds from
bonds and notes.
Hospital project bonds—1975 University of Washington
hospital bond retirement fund, created, purpose.
Hospital project bonds—Regents to accumulate moneys for
bond payments.
Hospital project bonds—As legal investment for public
funds.
Hospital project bonds—Prerequisite to issuance.
Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College.
Revenues derived from certain university lands and income
from university permanent fund deposited in University of
Washington bond retirement fund—Covenant.
Revenues derived from certain university lands and income
from university permanent fund deposited in University of
Washington bond retirement fund—Ratification of previous transfers.
Revenues derived from certain university lands and income
from university permanent fund deposited in University of
Washington bond retirement fund—Transfers of certain
funds and investments from university permanent fund to
University of Washington bond retirement fund and University of Washington building account.
Revenues derived from certain university lands and income
from university permanent fund deposited in University of
Washington bond retirement fund—RCW 79.64.040 not
affected.
Acquisition of property, powers: RCW 28B.10.020.
Admission requirements: RCW 28B.10.050.
AIDS, education and training: Chapter 70.24 RCW.
Athletic printing and concessions, bids required: RCW 28B.10.640.
Board of regents, museum managed by: RCW 27.40.040.
Campus approach highway authorized: RCW 47.20.590.
acquisition of property for: RCW 47.20.600.
condemnation for: RCW 47.20.610.
measure of damage to buildings: RCW 47.20.620.
use declared public use: RCW 47.20.605.
sale of buildings and personalty acquired in acquisition of land: RCW
47.20.630.
Seattle city ordinance requisite: RCW 47.20.635.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Corrections mental health center—Collaborative arrangement with University of Washington: RCW 72.09.350.
County hospitals, contracts with state universities relating to medical services, teaching and research: RCW 36.62.290.
Courses, studies, and instruction
graduate work: RCW 28B.10.120.
physical education: RCW 28B.10.700.
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Eminent domain by: RCW 28B.10.020.
Entrance requirements: RCW 28B.10.050.
Eye protection, public educational institutions: RCW 70.100.010 through
70.100.040.
Faculty members and employees
annuity and retirement plans: RCW 28B.10.400 through 28B.10.423.
insurance: RCW 28B.10.660.
Faculty members of institutions of higher education, remunerated professional leaves for: RCW 28B.10.650.
Fetal alcohol screening and assessment services: RCW 70.96A.500.
Flag, display: RCW 28B.10.030.
Forest products institute: Chapter 76.44 RCW.
Forestry
demonstration forest and experiment station, exchange of granted lands
for other lands for purposes of: RCW 79.17.030.
institute of forest products: Chapter 76.44 RCW.
Funds
state university permanent fund, created, source: RCW 43.79.060.
university building fund, created: RCW 43.79.080.
University of Washington fund abolished and moneys transferred to general fund: RCW 43.79.071.
university permanent fund, investment in regents’ revenue bonds: RCW
43.84.140.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Highly capable students—Early entrance program or transition school:
RCW 28A.185.040.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Institute of forest products: Chapter 76.44 RCW.
Insurance for officers, employees and students: RCW 28B.10.660.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Liquor revolving fund, alcoholism and drug abuse research, use for: RCW
66.08.180.
Museum, designated as state natural history and anthropology museum:
RCW 27.40.010.
Olympic natural resources center: RCW 43.30.810.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Parking facilities: RCW 28B.10.300.
Buildings and facilities
borrowing money for: RCW 28B.10.300(4).
no state liability: RCW 28B.10.330.
rate of interest: RCW 28B.10.325.
contracts for construction and installation: RCW 28B.10.300(1).
contracts to pay as rentals the costs of acquiring: RCW 28B.10.300(5).
lease of campus lands for: RCW 28B.10.300(3).
purchase or lease of land for: RCW 28B.10.300(2).
use of buildings and facilities acquired: RCW 28B.10.305.
Police force: RCW 28B.10.550 through 28B.10.567.
Real property
acquisition of authorized: RCW 28B.10.020.
demonstration forest and experiment station, exchange of granted lands
for other lands for purposes of: RCW 79.17.030.
eminent domain by railroads and canal companies against: RCW
81.36.010.
sale of land or valuable materials fixing date of sale: RCW 79.11.120.
legislative or board of regents consent required for: RCW 79.11.010.
Bond issue for buildings and projects: RCW 43.83.090 through 43.83.104.
Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW.
Bond issues for buildings and facilities: RCW 28B.10.300 through
28B.10.330.
Branch campuses—Central Puget Sound area: RCW 28B.45.020.
[Title 28B RCW—page 86]
(2010 Ed.)
University of Washington
procedure: RCW 79.11.120.
state lands, included: RCW 79.02.010.
State building authority, projects authorized: Chapter 43.75 RCW.
Students
insurance: RCW 28B.10.660.
loan fund under national defense education act: RCW 28B.10.280.
Teachers
training courses for: RCW 28B.10.140.
use of district schools for training: RCW 28B.10.600 through 28B.10.605.
Toxicological laboratories: RCW 68.50.107.
Traffic regulations, penalty for violations: RCW 28B.10.560.
GENERAL
28B.20.010 Designation. The state university located
and established in Seattle, King county, shall be designated
the University of Washington. [1969 ex.s. c 223 §
28B.20.010. Prior: 1909 c 97 p 238 § 1; RRS § 4544; prior:
1897 c 118 § 182; 1890 p 395 § 1. Formerly RCW
28.77.010.]
28B.20.010
28B.20.020 Purpose. The aim and purpose of the University of Washington shall be to provide a liberal education
in literature, science, art, law, medicine, military science and
such other fields as may be established therein from time to
time by the board of regents or by law. [1969 ex.s. c 223 §
28B.20.020. Prior: 1909 c 97 p 238 § 2; RRS § 4545; prior:
1897 c 118 § 183; 1893 c 122 § 6; 1890 p 395 § 2. Formerly
RCW 28.77.020.]
28B.20.020
28B.20.054 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.20.054
28B.20.055 "Major line" defined.
28B.10.100.
28B.20.055
See RCW
28B.20.057 Major lines common to University of
Washington and Washington State University. See RCW
28B.10.115.
28B.20.057
28B.20.060 Courses exclusive to University of Washington. The courses of instruction of the University of
Washington shall embrace as exclusive major lines, law,
medicine, forest products, logging engineering, library sciences, and fisheries. [2009 c 207 § 2; 1985 c 218 § 2; 1969
ex.s. c 223 § 28B.20.060. Prior: 1963 c 23 § 1; 1961 c 71 §
1; prior: (i) 1917 c 10 § 2; RRS § 4533. (ii) 1917 c 10 § 5;
RRS § 4536. Formerly RCW 28.77.025; 28.76.060.]
28B.20.060
28B.20.095 University fees.
RCW.
28B.20.095
See chapter 28B.15
28B.20.100 Regents—Appointment—Terms—
Vacancies—Quorum. (1) The governance of the University
of Washington shall be vested in a board of regents to consist
of ten members, one of whom shall be a student. The governor shall select the student member from a list of candidates,
of at least three and not more than five, submitted by the governing body of the associated students. They shall be
appointed by the governor with the consent of the senate, and,
28B.20.100
(2010 Ed.)
28B.20.115
except for the student member, shall hold their offices for a
term of six years from the first day of October and until their
successors shall be appointed and qualified. The student
member shall hold his or her office for a term of one year
from the first day of July until the first day of July of the following year or until his or her successor is appointed and
qualified, whichever is later. The student member shall be a
full-time student in good standing at the university at the time
of appointment.
(2) Six members of said board shall constitute a quorum
for the transaction of business. In the case of a vacancy, or
when an appointment is made after the date of the expiration
of a term, the governor shall fill the vacancy for the remainder of the term of the regent whose office has become vacant
or expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members
and personnel. [2006 c 78 § 1; 1998 c 95 § 1; 1985 c 61 § 1;
1979 ex.s. c 103 § 2; 1973 c 62 § 7; 1969 ex.s. c 223 §
28B.20.100. Prior: 1909 c 97 p 239 § 3; RRS § 4554; prior:
1897 c 118 § 184; 1895 c 101 § 1; 1890 p 396 § 3. Formerly
RCW 28.77.090, 28.77.100, part.]
Additional notes found at www.leg.wa.gov
28B.20.105
28B.20.105 Regents—Organization and conduct of
business—Bylaws, rules and regulations—Meetings. The
board shall organize by electing from its membership a president and an executive committee, of which committee the
president shall be ex officio chairman. The board may adopt
bylaws or rules and regulations for its own government. The
board shall hold regular quarterly meetings, and during the
interim between such meetings the executive committee may
transact business for the whole board: PROVIDED, That the
executive committee may call special meetings of the whole
board when such action is deemed necessary. [1969 ex.s. c
223 § 28B.20.105. Prior: (i) 1909 c 97 p 240 § 4; RRS §
4555; prior: 1897 c 118 § 185. Formerly RCW 28.77.100. (ii)
1939 c 176 § 1, part; 1927 c 227 § 1, part; 1909 c 97 p 240 §
5, part; RRS § 4557, part. Formerly RCW 28.77.130, part.]
28B.20.110
28B.20.110 Regents—Secretary—Treasurer—
Duties—Treasurer’s bond. The board shall appoint a secretary and a treasurer who shall hold their respective offices
during the pleasure of the board and carry out such respective
duties as the board shall prescribe. In addition to such other
duties as the board prescribes, the secretary shall record all
proceedings of the board and carefully preserve the same.
The treasurer shall give bond for the faithful performance of
the duties of his office in such amount as the regents may
require: PROVIDED, That the university shall pay the fee
for such bond. [1969 ex.s. c 223 § 28B.20.110. Prior: 1890
p 396 § 6; RRS § 4556. Formerly RCW 28.77.110.]
28B.20.115
28B.20.115 Regents—Oaths.
See RCW 28B.10.520.
[Title 28B RCW—page 87]
28B.20.116
Title 28B RCW: Higher Education
28B.20.116 Regents—Expenses.
28B.10.525.
28B.20.116
See RCW
28B.20.117 Regents—Attorney general as advisor.
See RCW 28B.10.510.
28B.20.117
28B.20.130 Powers and duties of regents—General.
General powers and duties of the board of regents are as follows:
(1) To have full control of the university and its property
of various kinds, except as otherwise provided by law.
(2) To employ the president of the university, his or her
assistants, members of the faculty, and employees of the
institution, who except as otherwise provided by law, shall
hold their positions during the pleasure of said board of
regents.
(3) Establish entrance requirements for students seeking
admission to the university which meet or exceed the standards specified under RCW 28B.76.290(2). Completion of
examinations satisfactory to the university may be a prerequisite for entrance by any applicant at the university’s discretion. Evidence of completion of public high schools and
other educational institutions whose courses of study meet
the approval of the university may be acceptable for entrance.
(4) Establish such colleges, schools, or departments necessary to carry out the purpose of the university and not otherwise proscribed by law.
(5) With the assistance of the faculty of the university,
prescribe the course of study in the various colleges, schools,
and departments of the institution and publish the necessary
catalogues thereof.
(6) Grant to students such certificates or degrees as recommended for such students by the faculty. The board, upon
recommendation of the faculty, may also confer honorary
degrees upon persons other than graduates of this university
in recognition of their learning or devotion to literature, art,
or science: PROVIDED, That no degree shall ever be conferred in consideration of the payment of money or the giving
of property of whatsoever kind.
(7) Accept such gifts, grants, conveyances, bequests, and
devises, whether real or personal property, or both, in trust or
otherwise, for the use or benefit of the university, its colleges,
schools, departments, or agencies; and sell, lease or
exchange, invest or expend the same or the proceeds, rents,
profits, and income thereof except as limited by the terms of
said gifts, grants, conveyances, bequests, and devises. The
board shall adopt proper rules to govern and protect the
receipt and expenditure of the proceeds of all fees, and the
proceeds, rents, profits, and income of all gifts, grants, conveyances, bequests, and devises above-mentioned.
(8) Except as otherwise provided by law, to enter into
such contracts as the regents deem essential to university purposes.
(9) To submit upon request such reports as will be helpful to the governor and to the legislature in providing for the
institution.
(10) Subject to the approval of the higher education
coordinating board pursuant to RCW 28B.76.230, offer new
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.
28B.20.130
[Title 28B RCW—page 88]
(11) To confer honorary degrees upon persons who
request an honorary degree if they were students at the university in 1942 and did not graduate because they were
ordered into an internment camp. The honorary degree may
also be requested by a representative of deceased persons
who meet these requirements. For the purposes of this subsection, "internment camp" means a relocation center to
which persons were ordered evacuated by Presidential Executive Order 9066, signed February 19, 1942. [2010 c 51 § 1;
2004 c 275 § 52; 1998 c 245 § 16; 1985 c 370 § 92; 1977 c 75
§ 20; 1969 ex.s. c 223 § 28B.20.130. Prior: 1939 c 176 § 1,
part; 1927 c 227 § 1, part; 1909 c 97 p 240 § 5, part; RRS §
4557, part; prior: 1895 c 101 § 2, part; 1893 c 122 § 10, part;
1890 pp 396, 397, 398 §§ 7, 9, 11. Formerly RCW
28.77.130, 28.77.140.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.20.134
28B.20.134 Powers and duties of regents—Consent
to sale of university granted lands. See RCW 79.11.010.
28B.20.135
28B.20.135 Powers and duties of regents—Employment of architects, engineers, for construction of buildings and facilities. The board shall have power to employ or
contract for the services of skilled architects and engineers to
prepare plans and specifications, and supervise the construction of university buildings and facilities and to fix the compensation for such employees or for such services. [1969
ex.s. c 223 § 28B.20.135. Prior: 1909 c 97 p 242 § 10; RRS
§ 4563. Formerly RCW 28.77.133.]
28B.20.140
28B.20.140 Powers and duties of regents—Contracts
for erection of buildings or improvements. The board of
regents shall enter into such contracts with one or more contractors for the erection and construction of university buildings or improvements thereto as in their judgment shall be
deemed for the best interest of the university; such contract or
contracts shall be let after public notice and under such regulations as shall be established by said board or as otherwise
provided by law to the person or persons able to perform the
same on the most advantageous terms: PROVIDED, That in
all cases said board shall require from contractors a good and
sufficient bond for the faithful performance of the work, and
the full protection of the state against mechanics’ and other
liens: AND PROVIDED FURTHER, That the board shall
not have the power to enter into any contract for the erection
of any buildings or improvements which shall bind said
board to pay out any sum of money in excess of the amount
provided for said purpose. [1969 ex.s. c 223 § 28B.20.140.
Prior: 1909 c 97 p 242 § 9; RRS § 4562. Formerly RCW
28.77.137.]
28B.20.145
28B.20.145 Powers and duties of regents—Regents’
spending limited by income. The board of regents are
hereby prohibited from creating any debt or in any manner
encumbering the university beyond its capacity for payment
thereof from the biennial income of the university for the then
current biennium. [1969 ex.s. c 223 § 28B.20.145. Prior:
1890 p 399 § 20; RRS § 4566. Formerly RCW 28.77.170.]
(2010 Ed.)
University of Washington
28B.20.150 Endowment investments—Disclosure of
private fund information—Conflicts of interest. The University of Washington must disclose: (1) The names and
commitment amounts of the private funds in which it is
invested; and (2) the aggregate quarterly performance results
for its portfolio of investments in such funds. The University
of Washington shall have formal policies addressing conflicts
of interest in regard to the private funds in which the endowment is invested, in compliance with RCW 42.52.190, and
shall post these policies on their public web site. [2009 c 394
§ 2.]
28B.20.150
Intent—2009 c 394: "The intent of this act is to clarify provisions governing disclosure of information related to University of Washington endowment investments, and thereby improve the university’s ability to maximize
the performance of its endowment portfolio. For endowment investments in
privately managed funds, this act requires disclosure of the names of the
funds, the amounts invested in the funds, and quarterly performance results
for the endowment’s portfolio of investments in such funds. These disclosures are intended to provide the public with information about the overall
performance of the privately managed endowment investments, while prohibiting disclosure of proprietary information that could result in loss to the
endowment or to persons who provide the proprietary information." [2009 c
394 § 1.]
28B.20.200 Faculty—Composition—General powers. The faculty of the University of Washington shall consist of the president of the university and the professors and
the said faculty shall have charge of the immediate government of the institution under such rules as may be prescribed
by the board of regents. [1969 ex.s. c 223 § 28B.20.200.
Prior: 1909 c 97 p 241 § 6; RRS § 4558; prior: 1897 c 118 §
187. Formerly RCW 28.77.120.]
28B.20.200
28B.20.250 Liability coverage of university personnel and students—Authorized—Scope. The board of
regents of the University of Washington, subject to such conditions and limitations and to the extent it may prescribe, is
authorized to provide by purchase of insurance, by self-insurance, or by any combination of arrangements, indemnification of regents, officers, employees, agents, and students
from liability on any action, claim, or proceeding instituted
against them arising out of the performance or failure of performance, of duties for or employment with the university, or
of responsibilities imposed by approved programs of the university, and to hold such persons harmless from any expenses
connected with the defense, settlement, or payment of monetary judgments from such action, claim, or proceeding.
[1975-’76 2nd ex.s. c 12 § 1.]
28B.20.250
28B.20.253 Liability coverage of university personnel and students—Self-insurance revolving fund. (1) A
self-insurance revolving fund in the custody of the university
is hereby created to be used solely and exclusively by the
board of regents of the University of Washington for the following purposes:
(a) The payment of judgments against the university, its
schools, colleges, departments, and hospitals and against its
regents, officers, employees, agents, and students for whom
the defense of an action, claim, or proceeding has been provided pursuant to RCW 28B.20.250.
(b) The payment of claims against the university, its
schools, colleges, departments, and hospitals and against its
regents, officers, employees, agents, and students for whom
28B.20.253
(2010 Ed.)
28B.20.283
the defense of an action, claim, or proceeding has been provided pursuant to RCW 28B.20.250: PROVIDED, That payment of claims in excess of twenty-five thousand dollars
must be approved by the state attorney general.
(c) For the cost of investigation, administration, and
defense of actions, claims, or proceedings, and other purposes essential to its liability program.
(2) Said self-insurance revolving fund shall consist of
periodic payments by the University of Washington from any
source available to it in such amounts as are deemed reasonably necessary to maintain the fund at levels adequate to provide for the anticipated cost of payments of incurred claims
and other costs to be charged against the fund.
(3) No money shall be paid from the self-insurance
revolving fund unless first approved by the board of regents,
and unless all proceeds available to the claimant from any
valid and collectible liability insurance shall have been
exhausted. [1997 c 288 § 1; 1991 sp.s. c 13 § 117; 1975-’76
2nd ex.s. c 12 § 2.]
Additional notes found at www.leg.wa.gov
28B.20.255 Liability coverage of university personnel and students—As exclusive authority. RCW
28B.20.250 through 28B.20.255 constitutes the exclusive
authority for the board of regents of the University of Washington to provide liability coverage for its regents, officers,
employees, agents, and students, and further provides the
means for defending and payment of all such actions, claims,
or proceedings. RCW 28B.20.250 through 28B.20.255 shall
govern notwithstanding the provisions of chapter 4.92 RCW
and RCW 28B.10.842 and 28B.10.844. [1975-’76 2nd ex.s.
c 12 § 3.]
28B.20.255
28B.20.277 Mathematics, engineering, and science
achievement program—Establishment and administration through university. See RCW 28A.625.210.
28B.20.277
28B.20.279 High-technology education and training.
See chapter 28B.65 RCW.
28B.20.279
28B.20.280 Masters and doctorate level degrees in
technology authorized—Review by higher education
coordinating board. The board of regents of the University
of Washington may offer masters level and doctorate level
degrees in technology subject to review and approval by the
higher education coordinating board. [1985 c 370 § 82; 1983
1st ex.s. c 72 § 10.]
28B.20.280
Additional notes found at www.leg.wa.gov
28B.20.283 Washington technology center—Findings. The legislature finds that the development and commercialization of new technology is a vital part of economic
development.
The legislature also finds that it is in the interests of the
state of Washington to provide a mechanism to transfer and
apply research and technology developed at the institutions
of higher education to the private sector in order to create
new products and technologies which provide job opportunities in advanced technology for the citizens of this state.
28B.20.283
[Title 28B RCW—page 89]
28B.20.285
Title 28B RCW: Higher Education
It is the intent of the legislature that the University of
Washington, the Washington State University, and the
*department of community, trade, and economic development work cooperatively with the private sector in the development and implementation of a world class technology
transfer program. [1995 c 399 § 25; 1992 c 142 § 1.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
28B.20.285 Washington technology center—Created—Purpose. A Washington technology center is created
to be a collaborative effort between the state’s universities,
private industry, and government. The technology center
shall be headquartered at the University of Washington. The
mission of the technology center shall be to perform and
commercialize research on a statewide basis that benefits the
intermediate and long-term economic vitality of the state of
Washington, and to develop and strengthen university-industry relationships through the conduct of research that is primarily of interest to Washington-based companies or state
economic development programs. The technology center
shall:
(1) Perform and/or facilitate research supportive of state
science and technology objectives, particularly as they relate
to state industries;
(2) Provide leading edge collaborative research and technology transfer opportunities primarily to state industries;
(3) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in
research and industry interactions;
(4) Emphasize and develop nonstate support of the technology center’s research activities;
(5) Administer the investing in innovation grants program;
(6) Through its northwest energy technology collaborative, carry out the activities required by RCW 28B.20.296;
and
(7) Provide a forum for effective interaction between the
state’s technology-based industries and its academic research
institutions through promotion of faculty collaboration with
industry, particularly within the state. [2004 c 151 § 3; 2003
c 403 § 10; 1992 c 142 § 3; 1983 1st ex.s. c 72 § 11.]
28B.20.285
Intent—2003 c 403: See RCW 70.210.010.
Additional notes found at www.leg.wa.gov
28B.20.287 Washington technology center—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28B.20.285
and 28B.20.289 through 28B.20.295.
(1) "Technology center" means the Washington technology center, including the affiliated staff, faculty, facilities,
and research centers operated by the technology center.
(2) "Board" means the board of directors of the Washington technology center.
(3) "High technology" or "technology" includes but is
not limited to the modernization, miniaturization, integration,
and computerization of electronic, hydraulic, pneumatic,
laser, mechanical, robotics, nuclear, chemical, telecommunication, and other technological applications to enhance productivity in areas including but not limited to manufacturing,
28B.20.287
[Title 28B RCW—page 90]
communications, medicine, bioengineering, renewable
energy and energy efficiency, and commerce. [2004 c 151 §
4; 1992 c 142 § 2.]
*Reviser’s note: The reference to "sections 3 through 8 of this act" has
been translated to "RCW 28B.20.289 through 28B.20.295." A literal translation would have been "RCW 28B.20.285 through 28B.20.295 and 1992 c
142 § 8 (uncodified)."
28B.20.289 Washington technology center—Administration—Board of directors. (1) The technology center
shall be administered by the board of directors of the technology center.
(2) The board shall consist of the following members:
Fourteen members from among individuals who are associated with or employed by technology-based industries and
have broad business experience and an understanding of high
technology; eight members from the state’s universities with
graduate science and engineering programs; the executive
director of the Spokane Intercollegiate Research and Technology Institute or his or her designated representative; the
provost of the University of Washington or his or her designated representative; the provost of the Washington State
University or his or her designated representative; and the
director of the *department of community, trade, and economic development or his or her designated representative.
The term of office for each board member, excluding the
executive director of the Spokane Intercollegiate Research
and Technology Institute, the provost of the University of
Washington, the provost of the Washington State University,
and the director of the *department of community, trade, and
economic development, shall be three years. The executive
director of the technology center shall be an ex officio, nonvoting member of the board. The board shall meet at least
quarterly. Board members shall be appointed by the governor based on the recommendations of the existing board of
the technology center, and the research universities. The
governor shall stagger the terms of the first group of appointees to ensure the long term continuity of the board.
(3) The duties of the board include:
(a) Developing the general operating policies for the
technology center;
(b) Appointing the executive director of the technology
center;
(c) Approving the annual operating budget of the technology center;
(d) Establishing priorities for the selection and funding
of research projects that guarantee the greatest potential
return on the state’s investment;
(e) Approving and allocating funding for research
projects conducted by the technology center, based on the
recommendations of the advisory committees for each of the
research centers;
(f) In cooperation with the *department of community,
trade, and economic development, developing a biennial
work plan and five-year strategic plan for the technology center that are consistent with the statewide technology development and commercialization goals;
(g) Coordinating with the University of Washington,
Washington State University, and other participating institutions of higher education in the development of training,
research, and development programs to be conducted at the
28B.20.289
(2010 Ed.)
University of Washington
technology center that shall be targeted to meet industrial
needs;
(h) Assisting the *department of community, trade, and
economic development in the department’s efforts to develop
state science and technology public policies and coordinate
publicly funded programs;
(i) Performing the duties required under chapter 70.210
RCW relating to the investing in innovation grants program;
(j) Reviewing annual progress reports on funded
research projects that are prepared by the advisory committees for each of the research centers;
(k) Providing an annual report to the governor and the
legislature detailing the activities and performance of the
technology center; and
(l) Submitting annually to the *department of community, trade, and economic development an updated strategic
plan and a statement of performance measured against the
mission, roles, and contractual obligations of the technology
center. [2003 c 403 § 11; 1995 c 399 § 26; 1992 c 142 § 4.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Intent—2003 c 403: See RCW 70.210.010.
28B.20.291 Washington technology center—Support
from participating institutions. The University of Washington, Washington State University, and other participating
institutions of higher education shall provide the affiliated
staff, faculty, and facilities required to support the operation
of the technology center. [1992 c 142 § 5.]
28B.20.291
28B.20.293 Washington technology center—Role of
department of community, trade, and economic development. The *department of community, trade, and economic
development shall contract with the University of Washington for the expenditure of state-appropriated funds for the
operation of the Washington technology center. The *department of community, trade, and economic development shall
provide guidance to the technology center regarding expenditure of state-appropriated funds and the development of the
center’s strategic plan. The director of the *department of
community, trade, and economic development shall not withhold funds appropriated for the technology center if the technology center complies with the provisions of its contract
with the *department of community, trade, and economic
development. The department shall be responsible to the legislature for the contractual performance of the center. [1995
c 399 § 27; 1992 c 142 § 6.]
28B.20.293
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
28B.20.295 Washington technology center—Availability of facilities to other institutions. The facilities of the
technology center shall be made available to other institutions of higher education within the state when this would
benefit specific program needs. [1992 c 142 § 7.]
28B.20.295
28B.20.296 Washington technology center—Renewable energy and energy efficiency business development—Strategic plan. (1) The Washington technology center, through its northwest energy technology collaborative,
28B.20.296
(2010 Ed.)
28B.20.297
shall provide a forum for public and private collaborative initiatives to promote renewable energy and energy efficiency
sectors in Washington state and the Pacific Northwest. The
center shall seek to integrate the initiatives of the northwest
energy technology collaborative into existing state programs
and initiatives, including grant programs administered by the
center, and energy efficiency business development projects
and energy assistance programs of the *department of community, trade, and economic development.
(2) The center, through its northwest energy technology
collaborative, shall develop and implement a strategic plan
for public and private collaboration in renewable energy and
energy efficiency business development. The center,
together with the department, shall prepare an initial draft of
a statewide strategic plan and circulate it widely among businesses and individuals in these sectors for review and comment. The center shall also organize a summit of public and
private sector interests to further developments of the proposed strategic plan. The plan shall address, among other
things, the role that public sector policies, programs, and
expenditures may play in promoting these economic sectors,
including subjects such as workforce development, education, tax incentives, economic development assistance, public
sector energy purchases, public sector construction standards, transportation, and land use regulation and zoning.
The strategic plan shall include recommendations for legislative and administrative policy changes and for legislative
appropriations. The plan shall also recommend proposals for
capital and operating investments in public higher education
facilities, proposals for creating and strengthening public and
private partnerships, and proposals for federal financial assistance and expenditures for research and development programs in Washington state. The finalized strategic plan shall
be provided to the governor and to the appropriate committees of the senate and house of representatives by January 1,
2005.
(3) The strategic plan required by subsection (2) of this
section may be incorporated into the center’s five-year strategic plan required by RCW 28B.20.289(3)(f). [2004 c 151 §
2.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
28B.20.297 Washington technology center—Small
business innovation research assistance program. (1) The
legislature finds that small technology-based firms are the
source of approximately one-half of the economy’s major
innovations and that it is in the interest of the state to increase
participation by Washington state small businesses in the federal small business innovation research program by assisting
them in becoming small business innovation research program grant recipients.
The legislature further finds that many small business
innovators lack the grant-writing skills necessary to prepare a
successful small business innovation research program proposal, and the federal program that funded grant-writing
assistance has stopped operations. Nearly fifty percent of
small businesses trained under the federal program won
grants compared to less than ten percent of those that did not
receive training.
(2) As used in this section:
28B.20.297
[Title 28B RCW—page 91]
28B.20.298
Title 28B RCW: Higher Education
(a) "Small business innovation research program" means
the program, enacted pursuant to the small business innovation development act of 1982, P.L. 97-219, that provided
funds to small businesses to conduct innovative research having commercial application.
(b) "Small business" means a corporation, partnership,
sole proprietorship, or individual, operating a business for
profit, with two hundred fifty employees or fewer, including
employees employed in a subsidiary or affiliated corporation,
that otherwise meets the requirements of the federal small
business innovation research program.
(3) The Washington technology center shall establish a
small business innovation research assistance program,
including a proposal review process, to train and assist Washington small businesses to win phase I small business innovation research program awards.
(a) The Washington technology center shall give priority
to first-time small business innovation research program
applicants, new businesses, and firms with fewer than ten
employees.
(b) The Washington technology center may charge a fee
for this service. [2005 c 357 § 1.]
28B.20.298 Clean energy research, development,
manufacturing, and marketing—Findings—Policy. (1)
The legislature finds that Washington state currently derives
many benefits from its renewable energy and energy efficiency sectors. These sectors are an important source of
employment and income for a significant number of Washington residents, currently generating close to one billion dollars in annual revenue and employing over three thousand
eight hundred people. Equally important, energy efficiency
and renewable energy businesses add to the region’s quality
of life by employing technologies that can reduce some of the
harmful effects of the reliance on fossil fuels. Washington
state possesses all the necessary elements to do much more to
develop these sectors and to become a national leader in the
research, development, manufacturing, and marketing of
clean energy technologies and services. The state’s workforce is highly educated; the state’s higher education institutions are supportive of clean energy research and cooperate
closely with the private sector in developing and deploying
new energy technologies; there are numerous enterprises
already located in the state that are engaged in clean energy
research and development; and the state’s citizens, utilities,
and governmental sectors at all levels are committed to diversifying the state’s energy sources and increasing energy efficiency.
(2) It is therefore declared to be the policy of the state
that its public agencies and institutions of higher learning
maximize their efforts collectively and cooperatively with the
private sector to establish the state as a leader in clean energy
research, development, manufacturing, and marketing. To
this end, all state agencies are directed to employ their existing authorities and responsibilities to:
(a) Work with local organizations and energy companies
to facilitate the development and implementation of workable
renewable energy and energy efficiency projects;
(b) Actively promote policies that support energy efficiency and renewable energy development;
28B.20.298
[Title 28B RCW—page 92]
(c) Encourage utilities and customer groups to invest in
new renewables and products and services that promote
energy efficiency; and
(d) Assist in the development of stronger markets for
renewables and products and services that promote energy
efficiency.
(3) For the purposes of this section and RCW
28B.20.296 and for RCW 28B.20.285 and 28B.20.287,
energy efficiency shall include the application of digital technologies to the generation, delivery, and use of power. [2004
c 151 § 1.]
28B.20.300 Schools of medicine, dentistry, and
related health services—Authorization. The board of
regents of the University of Washington is hereby authorized
and directed forthwith to establish, operate and maintain
schools of medicine, dentistry, and related health sciences at
the university. [1969 ex.s. c 223 § 28B.20.300. Prior: 1945
c 15 § 1; Rem. Supp. 1945 § 4566-5. Formerly RCW
28.77.200.]
28B.20.300
Autopsy of deceased infant under three years, delivery of body to University
of Washington medical school for purposes of, costs: RCW 68.50.100,
68.50.104.
Requisites for accreditation and approval of medical schools: RCW
18.71.055.
28B.20.305 Schools of medicine, dentistry, and
related health services—Purpose. The aim and purpose of
the schools of medicine, dentistry and related health sciences
shall be to provide for students of both sexes, on equal terms,
all and every type of instruction in the various branches of
medicine, dentistry, and related health sciences and to grant
such degrees as are commonly granted by similar institutions.
[1969 ex.s. c 223 § 28B.20.305. Prior: 1945 c 15 § 2; Rem.
Supp. 1945 § 4566-6. Formerly RCW 28.77.210.]
28B.20.305
28B.20.308 Global Asia institute. (1) A global Asia
institute is created within the Henry M. Jackson School of
International Studies. The mission of the institute is to promote the understanding of Asia and its interactions with
Washington state and the world. The institute shall host visiting scholars and policymakers, sponsor programs and learning initiatives, engage in collaborative research projects, and
facilitate broader understanding and cooperation between the
state of Washington and Asia through general public programs and targeted collaborations with specific communities
in the state.
(2) Within existing resources, a global Asia institute
advisory board is established. The director of the Henry M.
Jackson School of International Studies shall appoint members of the advisory board and determine the advisory
board’s roles and responsibilities. The board shall include
members representing academia, business, and government.
(3) The higher education coordinating board may solicit,
accept, receive, and administer federal funds or private funds,
in trust or otherwise, and contract with foundations or with
for-profit or nonprofit organizations to support the purposes
of this section. [2009 c 466 § 2.]
28B.20.308
Findings—Intent—2009 c 466: "The legislature finds that Asia and its
interactions with the rest of the world are transforming the way the world
works in the twenty-first century. The legislature further finds that trade,
(2010 Ed.)
University of Washington
finance, technology, and global influence and institutions are all areas in
which China, India, and other Asian states are in the process of reshaping the
nature of the international system, and that Washington state is uniquely situated to contribute to enhance interactions between the United States and
Asia. The legislature intends to establish a global Asia institute at the University of Washington." [2009 c 466 § 1.]
28B.20.315 Drug testing laboratory—Service—
Employees as expert witnesses, traveling expenses and
per diem. The University of Washington is authorized and
directed to arrange for a drug testing laboratory. The laboratory shall offer a testing service for law enforcement officers
for the identification of known or suspected dangerous and
narcotic drugs. Employees of the laboratory are authorized to
appear as expert witnesses in criminal trials held within the
state: PROVIDED, That the traveling expenses and per diem
of such employees shall be borne by the party for the benefit
of whom the testimony of such employees is requested.
[1969 ex.s. c 266 § 1. Formerly RCW 28.77.215.]
28B.20.315
28B.20.320 Marine biological preserve—Established
and described—Unlawful gathering of marine biological
materials—Penalty. (1) There is hereby created an area of
preserve of marine biological materials useful for scientific
purposes, except when gathered for human food, and except,
also, the plant nereocystis, commonly called "kelp." Such
area of preserve shall consist of the salt waters and the beds
and shores of the islands constituting San Juan county and of
Cypress Island in Skagit county.
(2) No person shall gather such marine biological materials from the area of preserve, except upon permission first
granted by the director of the Friday Harbor Laboratories of
the University of Washington.
(3) A person gathering such marine biological materials
contrary to the terms of this section is guilty of a misdemeanor. [2003 c 53 § 174; 1969 ex.s. c 223 § 28B.20.320.
Prior: 1923 c 74 § 1; RRS § 8436-1. Formerly RCW
28.77.230.]
28B.20.320
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28B.20.328 Lease of lands with outdoor recreation
potential—Restrictions—Unlawful to use posted lands.
(1) Any lease of public lands with outdoor recreation potential authorized by the regents of the University of Washington shall be open and available to the public for compatible
recreational use unless the regents of the University of Washington determine that the leased land should be closed in
order to prevent damage to crops or other land cover, to
improvements on the land, to the lessee, or to the general
public or is necessary to avoid undue interference with carrying forward a university program. Any lessee may file an
application with the regents of the University of Washington
to close the leased land to any public use. The regents shall
cause a written notice of the impending closure to be posted
in a conspicuous place in the university’s business office and
in the office of the county auditor in which the land is located
thirty days prior to the public hearing. This notice shall state
the parcel or parcels involved and shall indicate the time and
place of the public hearing. Upon a determination by the
regents that posting is not necessary, the lessee shall desist
from posting. Upon a determination by the regents that post28B.20.328
(2010 Ed.)
28B.20.334
ing is necessary, the lessee shall post his leased premises so
as to prohibit recreational uses thereon. In the event any such
lands are so posted, it shall be unlawful for any person to hunt
or fish, or for any person other than the lessee or his immediate family to use any such posted lands for recreational purposes.
(2) The regents of the University of Washington may
insert the provisions of subsection (1) of this section in all
leases hereafter issued. [1969 ex.s. c 46 § 3. Formerly RCW
28.77.235.]
28B.20.330 Rights-of-way to railroads and streetcar
railways—Conditions. Any railroad company now having
in operation a line of railroad, or branches, sidings, or spurs
thereof, upon any property in this state in use by the University of Washington for university purposes, or as a part of the
grounds set aside or devoted to university purposes, may
have such right-of-way confirmed to it, its successors and
assigns, upon the following terms and conditions: Such railroad company shall file with the board of regents of said university a plat showing the right-of-way desired, and shall file
a duplicate thereof with the commissioner of public lands;
and any railroad company or streetcar company desiring
hereafter to construct a railroad or streetcar line, or extensions thereof, with branches, sidings, or spurs, upon any
property in this state in use by the University of Washington
for university purposes, or as a part of the ground set aside or
devoted to university purposes, may have such right-of-way
confirmed to it, its successors and assigns, upon the following terms and conditions: Such railroad company or streetcar
company shall file with the board of regents of said university
a plat showing the right-of-way desired, and shall file a duplicate thereof with the commissioner of public lands. [1969
ex.s. c 223 § 28B.20.330. Prior: 1909 c 248 § 1; RRS § 8095.
Formerly RCW 28.77.240.]
28B.20.330
28B.20.332 Rights-of-way to railroads and streetcar
railways—Regents to make agreement. The board of
regents of said University of Washington are authorized,
upon the filing of such plat with it, to agree in writing with
any such railroad company or streetcar company, upon the
boundaries and the extent of such right-of-way, the manner in
which the same shall be maintained and fenced and occupied,
and prescribe the number, character, and maintenance of
crossings, cross-overs, and subways, and as to what sum said
railroad company or streetcar company shall pay for the
right-of-way granted. [1969 ex.s. c 223 § 28B.20.332. Prior:
1909 c 248 § 2; RRS § 8096. Formerly RCW 28.77.250.]
28B.20.332
28B.20.334 Rights-of-way to railroads and streetcar
railways—Form of deed—Certified copy filed. If such
agreement is entered into, said board of regents shall transmit
a certified copy thereof to the commissioner of public lands,
who shall, after the full amount of money provided in such
agreement shall be paid by said railroad company or streetcar
company to the state treasurer, issue to such railroad company or streetcar company, in the name of the state of Washington, a deed for the right-of-way described in such agreement, which said deed shall recite and be subject to all the
terms and conditions of such agreement, and certified copies
28B.20.334
[Title 28B RCW—page 93]
28B.20.336
Title 28B RCW: Higher Education
of said deed shall be filed, one in the office of the commissioner of public lands, and the other with the secretary of said
board of regents. [1969 ex.s. c 223 § 28B.20.334. Prior:
1909 c 248 § 3; RRS § 8097. Formerly RCW 28.77.260.]
28B.20.336
28B.20.336 Rights-of-way to railroads and streetcar
railways—Deed conveys conditional easement. The conveyance herein provided for shall not be deemed to convey
the fee to the land described, but an easement only thereover
and for railroad or streetcar purposes only, and when the
right-of-way granted as aforesaid shall not be used for the
purposes for which it was granted, then and thereupon the
easement right shall immediately become void. [1969 ex.s. c
223 § 28B.20.336. Prior: 1909 c 248 § 4; RRS § 8098. Formerly RCW 28.77.270.]
28B.20.340
28B.20.340 University site dedicated for street and
boulevard purposes—Description. There is hereby dedicated to the public for street and boulevard purposes the following described lands situated in section 16, township 25
north, range 4 east, W.M., and blocks 7 and 8 of Lake Washington shore lands, to wit: Beginning at the one-quarter (1/4)
corner on the north line of said section sixteen (16); thence
east along the north line thereof, a distance of three hundred
forty-nine and thirty-four one-hundredths (349.34) feet;
thence south at right angles to the said north line, a distance
of thirty-five feet to the point of beginning of this description;
thence south eighty-nine degrees fifty-seven minutes and
forty-three seconds (89°57’43") east a distance of six hundred seventy-three and seventeen one-hundredths (673.17)
feet; thence southwesterly along the arc of a curve to the left,
having a uniform radius of one thousand (1,000) feet, said
curve being tangent to the last above described line, a distance of one thousand three hundred seventy-three and six
one-hundredths (1,373.06) feet to a point of tangency; thence
south eleven degrees twenty-two minutes and two seconds
(11°22’02") west, a distance of five hundred fifty-six and
twenty-two one-hundredths (556.22) feet to a point of tangency on the easterly margin of Montlake Boulevard as laid
off and established by Ordinance No. 26332; thence along
said easterly margin northerly along the arc of a curve to the
left, having a uniform radius of four hundred sixty (460) feet,
a distance of one hundred forty-three and forty-one one-hundredths (143.41) feet to a point of a reverse curve; thence
northerly along the arc of a curve to the right having a uniform radius of four hundred sixty (460) feet, a distance of one
hundred twenty and ninety-four one-hundredths (120.94) feet
to a point of reverse curve; thence northerly along the arc of
a curve to the left, having a uniform radius of two thousand
nine hundred seventy-four and ninety-three one-hundredths
(2,974.93) feet, a distance of two hundred eighty-four (284)
feet; thence departing from said easterly margin north eleven
degrees twenty-two minutes and two seconds (11°22’02")
east, a distance of fourteen and seventy-four one-hundredths
(14.74) feet to the beginning of a curve to the right, having a
uniform radius of one thousand seventy (1,070) feet; thence
northeasterly along the arc of said curve, a distance of seven
hundred ninety-six and thirty-three one-hundredths (796.33)
feet to a point of reverse curve; thence northeasterly, northerly and northwesterly along the arc of a curve to the left,
[Title 28B RCW—page 94]
having a uniform radius of seventy-four and forty-six onehundredths (74.46) feet, a distance of one hundred eightyseven and ten one-hundredths (187.10) feet to the point of
beginning.
Also the following described lands, to wit: Beginning at
a point on the east line of said section, said point being distant
nine hundred eighty-nine and sixty one-hundredths (989.60)
feet south from the northeast corner of said section; thence
south along said east line a distance of four hundred seventynine and fifty-three one-hundredths (479.53) feet to a point
on the government meander line along the shore of Lake
Washington; thence along said meander line south seventyeight degrees thirteen minutes thirty-three seconds
(78°13’33") west, a distance of sixty-six and fifty one-hundredths (66.50) feet; thence north twenty-nine degrees fortysix minutes twenty-seven seconds (29°46’27") west, a distance of one hundred sixty-six and ninety-two one-hundredths (166.92) feet; thence departing from said meander
line north no degrees fifty-three minutes seven seconds
(0°53’07") east, a distance of three hundred fifty-four and
sixty-three one-hundredths (354.63) feet; thence northwesterly along the arc of a curve to the right having a uniform
radius of one hundred eighty-five (185) feet, a distance of
twenty-two and two one-hundredths (22.02) feet to a point of
tangency on a line which bears north twenty-nine degrees six
minutes fifty-three seconds (29°06’53") west; thence northwesterly along said line, a distance of nine hundred eighteen
and sixty-five one-hundredths (918.65) feet to the beginning
of a curve to the left, having a uniform radius of two hundred
fifty (250) feet; thence northwesterly along the arc of said
curve, a distance of two hundred sixty-five and fifty one-hundredths (265.50) feet to a point of tangency on the south margin of East Forty-fifth Street; thence east along said south
margin, a distance of three hundred twenty-nine and fourteen
one-hundredths (329.14) feet to a point which is distant five
hundred ten and seventy-nine one-hundredths (510.79) feet
west from the east line of said section sixteen (16); thence
southwesterly, southerly and southeasterly along the arc of a
curve to the left having a uniform radius of sixty (60) feet a
distance of one hundred twenty-four and seventy-eight onehundredths (124.78) feet to a point of tangency; thence south
twenty-nine degrees six minutes fifty-three seconds
(29°06’53") east, a distance of nine hundred twenty-four and
twenty-four one-hundredths (924.24) feet to the beginning of
a curve to the left having a uniform radius of one hundred fifteen (115) feet; thence southeasterly along the arc of said
curve, a distance of one hundred twenty and fifty-one onehundredths (120.51) feet to the point of beginning. [1969
ex.s. c 223 § 28B.20.340. Prior: 1913 c 24 § 1. Formerly
RCW 28.77.280.]
28B.20.342 University site dedicated for street and
boulevard purposes—Local assessments barred against
site. No assessments for the opening, improvement or maintenance of any public street upon the tracts of land described
in RCW 28B.20.340 shall ever be levied, assessed or collected upon any portion of section 16, township 25 north,
range 4 east, W.M., or upon any portion of blocks 7 and 8
Lake Washington shorelands. [1969 ex.s. c 223 §
28B.20.342. Prior: 1913 c 24 § 2. Formerly RCW
28.77.290.]
28B.20.342
(2010 Ed.)
University of Washington
28B.20.344
28B.20.344 University site dedicated for street and
boulevard purposes—Eminent domain may not be exercised against site. The power of eminent domain of any
municipal or other corporation whatever is hereby declared
not to extend to any portion of said section 16, township 25
north, range 4 east, W.M., and blocks 7 and 8 of Lake Washington shorelands. [1969 ex.s. c 223 § 28B.20.344. Prior:
1913 c 24 § 3. Formerly RCW 28.77.300.]
28B.20.350
28B.20.350 1947 conveyance for arboretum and
botanical garden purposes—Description. There is hereby
granted to the University of Washington the following
described land, to wit:
Lots two (2) and three (3), Block eleven-A (11-A) of the
supplemental map of Lake Washington shorelands, filed September 5, 1916 in the office of the commissioner of public
lands, to be used for arboretum and botanical garden purposes and for no other purposes, except as provided in RCW
28B.20.354. [1969 ex.s. c 223 § 28B.20.350. Prior: 1947 c
45 § 1. Formerly RCW 28.77.310.]
28B.20.352
28B.20.352 1947 conveyance for arboretum and
botanical garden purposes—Deed of conveyance. The
commissioner of public lands is hereby authorized and
directed to certify the lands described in RCW 28B.20.350 to
the governor, and the governor is hereby authorized and
directed to execute, and the secretary of state to attest, a deed
of said shorelands to the university. [1969 ex.s. c 223 §
28B.20.352. Prior: 1947 c 45 § 2. Formerly RCW
28.77.315.]
28B.20.354
28B.20.354 1947 conveyance for arboretum and
botanical garden purposes—Part may be conveyed by
regents to city of Seattle. (1) The board of regents of the
University of Washington is hereby authorized to convey to
the city of Seattle that portion of said lot three (3) of the
shorelands described in RCW 28B.20.350 which is within the
following described tract, to wit:
A rectangular tract of land one hundred twenty (120) feet
in north-south width, and four hundred (400) feet in east-west
length, with the north boundary coincident with the north
boundary of the old canal right-of-way, and the west boundary on the southerly extension of the west line of Lot eleven
(11), Block four (4), Montlake Park, according to the
recorded plat thereof, approximately five hundred sixty (560)
feet east of the east line of Montlake Boulevard.
(2) The board of regents is authorized to convey to the
city of Seattle free of all restrictions or limitations, or to
incorporate in the conveyance to the city of Seattle such provisions for reverter of said land to the university as the board
deems appropriate. Should any portion of the land so conveyed to the city of Seattle again vest in the university by reason of the operation of any provisions incorporated by the
board in the conveyance to the city of Seattle, the University
of Washington shall hold such reverted portion subject to the
reverter provisions of RCW 28B.20.356. [1969 ex.s. c 223 §
28B.20.354. Prior: 1947 c 45 § 3. Formerly RCW
28.77.320.]
(2010 Ed.)
28B.20.364
28B.20.356 1947 conveyance for arboretum and
botanical garden purposes—Reversion for unauthorized
use—Reconveyance for highway purposes. In case the
University of Washington should attempt to use or permit the
use of such shorelands or any portion thereof for any other
purpose than for arboretum and botanical garden purposes,
except as provided in RCW 28B.20.354, the same shall forthwith revert to the state of Washington without suit, action or
any proceedings whatsoever or the judgment of any court forfeiting the same: PROVIDED, That the board of regents of
the University of Washington is hereby authorized and
directed to reconvey to the state of Washington block elevenA (11-A) of the supplemental map of Lake Washington
shorelands, filed September 5, 1916 in the office of the commissioner of public lands, or such portion thereof as may be
required by the state of Washington or any agency thereof for
state highway purposes. The state of Washington or any
agency thereof requiring said land shall pay to the University
of Washington the fair market value thereof and such moneys
paid shall be used solely for arboretum purposes. Such reconveyance shall be made at such time as the state or such
agency has agreed to pay the same. [1969 ex.s. c 223 §
28B.20.356. Prior: 1959 c 164 § 2; 1947 c 45 § 4; No RRS.
Formerly RCW 28.77.330.]
28B.20.356
28B.20.360 1939 conveyance of shorelands to university—Description. The commissioner of public lands of the
state of Washington is hereby authorized and directed to certify in the manner now provided by law to the governor for
deeding to the University of Washington all of the following
described Lake Washington shorelands, to wit: Blocks sixteen (16) and seventeen (17), Lake Washington Shorelands,
as shown on the map of said shorelands on file in the office of
the commissioner of public lands. [1969 ex.s. c 223 §
28B.20.360. Prior: 1939 c 60 § 1; No RRS. Formerly RCW
28.77.333.]
28B.20.360
28B.20.362 1939 conveyance of shorelands to university—Deed of conveyance. The governor is hereby authorized and directed to execute, and the secretary of state to
attest, a deed conveying to the University of Washington all
of said shorelands. [1969 ex.s. c 223 § 28B.20.362. Prior:
1939 c 60 § 2; No RRS. Formerly RCW 28.77.335.]
28B.20.362
28B.20.364 1939 conveyance of shorelands to university—Grant for arboretum and botanical garden purposes—Reversion for unauthorized use—Reconveyance
for highway purposes. All of the shorelands described in
RCW 28B.20.360 are hereby granted to the University of
Washington to be used for arboretum and botanical garden
purposes and for no other purposes. In case the said University of Washington should attempt to use or permit the use of
said shorelands or any portion thereof for any other purpose,
the same shall forthwith revert to the state of Washington
without suit, action or any proceedings whatsoever or the
judgment of any court forfeiting the same: PROVIDED,
That the board of regents of the University of Washington is
hereby authorized and directed to reconvey to the state of
Washington blocks 16 and 17 of Lake Washington shorelands, or such portions thereof as may be required by the state
of Washington or any agency thereof for state highway pur28B.20.364
[Title 28B RCW—page 95]
28B.20.370
Title 28B RCW: Higher Education
poses. The state of Washington or any agency thereof requiring said land shall pay to the University of Washington the
fair market value thereof and such moneys paid shall be used
solely for arboretum purposes. Such reconveyance shall be
made at such time as the state or such agency has agreed to
pay the same. [1969 ex.s. c 223 § 28B.20.364. Prior: 1959 c
164 § 1; 1939 c 60 § 3; No RRS. Formerly RCW 28.77.337.]
28B.20.370 Transfer of certain Lake Union shorelands to university. Block 18-A, Second Supplemental
Maps of Lake Union Shore Lands, as shown on the official
maps thereof on file in the office of the commissioner of public lands, is hereby transferred to the University of Washington and shall be held and used for university purposes only.
[1969 ex.s. c 223 § 28B.20.370. Prior: 1963 c 71 § 1. Formerly RCW 28.77.339.]
28B.20.370
28B.20.381 "University tract" defined. For the purposes of this chapter, "university tract" means the tract of
land in the city of Seattle, consisting of approximately ten
acres, originally known as the "old university grounds," and
more recently referred to as the "metropolitan tract," together
with all buildings, improvements, facilities, and appurtenances thereon. [1999 c 346 § 2.]
28B.20.381
Purpose—Construction—1999 c 346: "The purpose of this act is to
consolidate the statutes authorizing the board of regents of the University of
Washington to control the property of the university. Nothing in this act may
be construed to diminish in any way the powers of the board of regents to
control its property including, but not limited to, the powers now or previously set forth in RCW *28B.20.392 through 28B.20.398." [1999 c 346 § 1.]
*Reviser’s note: RCW 28B.20.392 was repealed by 1999 c 346 § 8.
Additional notes found at www.leg.wa.gov
28B.20.382 University tract—Conditions for sale,
lease, or lease renewal—Inspection of records—Deposit
of proceeds—University of Washington facilities bond
retirement account. (1) Until authorized by statute of the
legislature, the board of regents of the university, with
respect to the university tract, shall not sell the land or any
part thereof or any improvement thereon, or lease the land or
any part thereof or any improvement thereon or renew or
extend any lease thereof for a term of more than eighty years.
Any sale of the land or any part thereof or any improvement
thereon, or any lease or renewal or extension of any lease of
the land or any part thereof or any improvement thereon for a
term of more than eighty years made or attempted to be made
by the board of regents shall be null and void until the same
has been approved or ratified and confirmed by legislative
act.
(2) The board of regents shall have power from time to
time to lease the land, or any part thereof or any improvement
thereon for a term of not more than eighty years. Any and all
records, books, accounts, and agreements of any lessee or
sublessee under this section, pertaining to compliance with
the terms and conditions of such lease or sublease, shall be
open to inspection by the board of regents, the ways and
means committee of the senate, the appropriations committee
of the house of representatives, and the joint legislative audit
and review committee or any successor committees. It is not
intended that unrelated records, books, accounts, and agreements of lessees, sublessees, or related companies be open to
28B.20.382
[Title 28B RCW—page 96]
such inspection. The board of regents shall make a full,
detailed report of all leases and transactions pertaining to the
land or any part thereof or any improvement thereon to the
joint legislative audit and review committee, including one
copy to the staff of the committee, during odd-numbered
years.
(3) The net proceeds from the sale or lease of land in the
university tract, or any part thereof or any improvement
thereon, shall be deposited into the University of Washington
facilities bond retirement account hereby established outside
the state treasury as a nonappropriated local fund to be used
exclusively for the purpose of erecting, altering, maintaining,
equipping, or furnishing buildings at the University of Washington. The board of regents shall transfer from the University of Washington facilities bond retirement account to the
University of Washington building account under RCW
43.79.080 any funds in excess of amounts reasonably necessary for payment of debt service in combination with other
nonappropriated local funds related to capital projects for
which debt service is required under section 4, chapter 380,
Laws of 1999. [1999 c 346 § 3; 1998 c 245 § 17; 1996 c 288
§ 27; 1987 c 505 § 13; 1980 c 87 § 10; 1977 ex.s. c 365 § 1;
1974 ex.s. c 174 § 1.]
Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381.
28B.20.394 University tract—Powers of regents—
Agreements to pay for governmental services. In addition
to the powers conferred upon the board of regents of the University of Washington by RCW 28B.20.395, the board of
regents is authorized and shall have the power to enter into an
agreement or agreements with the city of Seattle and the
county of King, Washington, to pay to the city and the county
such sums as shall be mutually agreed upon for governmental
services rendered to the university tract, which sums shall not
exceed the amounts that would be received pursuant to limitations imposed by RCW 84.52.043 by the city of Seattle and
county of King respectively from real and personal property
taxes paid on the university tract or any leaseholds thereon if
such taxes could lawfully be levied. [1999 c 346 § 4; 1973
1st ex.s. c 195 § 10; 1972 ex.s. c 107 § 1; 1969 ex.s. c 223 §
28B.20.394. See also 1973 1st ex.s. c 195 § 140. Prior: 1955
c 229 § 1. Formerly RCW 28.77.361.]
28B.20.394
Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381.
Additional notes found at www.leg.wa.gov
28B.20.395 University tract—Powers of regents, generally. In addition to the powers conferred under the original
deeds of conveyance to the state of Washington and under
existing law, and subject to RCW 28B.20.382, the board of
regents has full control of the university tract as provided in
this chapter including, but not limited to:
(1) With regard to the whole or portions of the land, the
authority to manage, to improve, to alter, to operate, to lease,
to contract indebtedness, to borrow funds, to issue bonds,
notes, and warrants, to provide for the amortization of and to
pay the bonds, notes, warrants, and other evidences of indebtedness, at or prior to maturity, to use and pledge the income
derived from operating, managing, and leasing the university
tract for such purpose, and to otherwise own, operate, and
28B.20.395
(2010 Ed.)
University of Washington
control the university tract to the same extent as any other
property of the university;
(2) With regard to the whole or portions of any building
or buildings or other improvements thereon or appurtenances
thereto, the authority to sell, subject to the terms of any
underlying lease on the land, to manage, to improve, to alter,
to operate, to lease, to grant a deed of trust or a mortgage lien,
to contract indebtedness, to borrow funds, to issue bonds,
notes, and warrants, to provide for the amortization thereof
and to pay the bonds, notes, warrants, and other evidences of
indebtedness, at or prior to maturity, to use and pledge the
income derived from operating, managing, and leasing the
university tract for such purpose, and to otherwise own, operate, and control the university tract to the same extent as any
other property of the university consistent with the purpose of
the donors of the metropolitan tract. [1999 c 346 § 5.]
Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381.
28B.20.396 University tract—Bonding authority.
Bonds issued pursuant to the authority granted under RCW
28B.20.395:
(1) Shall not constitute (a) an obligation, either general
or special, of the state or (b) a general obligation of the University of Washington or of the board of regents;
(2) Shall be:
(a) Either in bearer form or in registered form as provided in RCW 39.46.030, and
(b) Issued in denominations of not less than one hundred
dollars;
(3) Shall state:
(a) The date of issue, and
(b) The series of the issue and be consecutively numbered within the series, and
(c) That the bond is payable only out of a special fund
established for the purpose, and designate the fund;
(4) Shall bear interest, payable either annually, or semiannually as the board of regents may determine;
(5) Shall be payable solely out of:
(a) Revenue derived from operating, managing and leasing the university tract, and
(b) A special fund, created by the board of regents for the
purpose, consisting either of (i) a fixed proportion, or (ii) a
fixed amount out of and not exceeding a fixed proportion, or
(iii) a fixed amount without regard to any fixed proportion, of
the revenue so derived;
(6) May contain covenants by the board of regents in
conformity with the provisions of RCW 28B.20.398(2);
(7) Shall be payable at such times over a period of not to
exceed thirty years, in such manner and at such place or
places as the board of regents determines;
(8) Shall be executed in such manner as the board of
regents by resolution determines;
(9) Shall be sold in such manner as the board of regents
deems for the best interest of the University of Washington;
(10) May be issued under chapter 39.46 RCW. [1999 c
346 § 6; 1983 c 167 § 33; 1970 ex.s. c 56 § 25; 1969 ex.s. c
232 § 99; 1969 ex.s. c 223 § 28B.20.396. Prior: 1947 c 284 §
3; Rem. Supp. 1947 § 4566-13. Formerly RCW 28.77.370.]
28B.20.396
Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381.
(2010 Ed.)
28B.20.398
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
28B.20.398 University tract—Powers of regents—
Bond issuance—Covenants—Redemption—Action for
compliance. (1) Any resolution of the board of regents pursuant to the provisions of RCW 28B.20.395 shall provide for
the creation of a special fund, in conformity with the provisions of RCW 28B.20.396(5)(b).
(2) Any resolution authorizing the issuance of bonds pursuant to the provisions of RCW 28B.20.395, 28B.20.396, and
28B.20.398 may contain covenants of the board of regents to
protect and safeguard the security and rights of the owners of
any such bonds such as are then customary in connection
with similar bonds and considered advisable in order to
assure the maximum marketability for said bonds. Without
limiting the generality of the foregoing, any such resolution
may contain covenants as to:
(a) The creation of a special fund into which the proceeds of all bonds issued pursuant to the provisions of such
resolution shall be deposited, the terms and conditions upon
which payments may be made from such special fund, and
for the payment of interest on bonds issued pursuant to such
resolution from the moneys in said fund;
(b) Maintaining rental and leasehold rates and other
charges at a level sufficient at all times to provide revenue (i)
to pay the interest on and principal of all bonds and other
obligations payable from said revenue, (ii) to make all other
payments from said revenues required under the provisions
of any resolution adopted in connection with the issuance of
warrants or bonds under RCW 28B.20.395, 28B.20.396, and
28B.20.398 and (iii) to pay the operating, management,
maintenance, repair and upkeep costs of the university tract;
(c) Collection, deposit, custody and disbursement of the
revenues from the university tract or any portions thereof
including (i) a specification of the depositaries to be designated, and (ii) authorization of such depositaries, or other
banks or trust companies, to act as fiscal agent of the board of
regents for the custody of the proceeds of bonds and the moneys held in any funds created pursuant to RCW 28B.20.395,
28B.20.396, and 28B.20.398, or any resolution authorizing
such bonds, and to represent bond owners in the event of a
default on such bonds or in the event of a default in the performance of any duty or obligation of the board of regents in
connection therewith, with such power and duty as such resolution may provide;
(d) Creation and administration of reserve and other
funds for the payment, at or prior to maturity, of any indebtedness chargeable against the revenues from the university
tract and for creation of working funds, depreciation funds,
replacement funds, reserves for extraordinary repairs and any
other fund deemed necessary or desirable to insure the continued profitable operation of the said university tract;
(e) Deposit of collateral security or indemnity bonds to
secure the proceeds (i) of bonds issued pursuant to the provisions of such resolution and (ii) of all revenues which are
pledged to secure the repayment of bonds issued pursuant to
the provisions of such resolution and (iii) of all moneys
deposited in any special fund created under the authority of
RCW 28B.20.395, 28B.20.396, and 28B.20.398 or any covenant thereunder;
28B.20.398
[Title 28B RCW—page 97]
28B.20.410
Title 28B RCW: Higher Education
(f) The obligation of the board of regents to maintain the
building or buildings in good condition and to operate and
manage the same in an economical and efficient manner;
(g) The amount and kind of insurance to be carried by the
board of regents in connection with the building or buildings,
the companies in which such insurance shall be carried, the
term thereof, the application of the proceeds of any such
insurance, and adjustments of losses under any such policy of
insurance;
(h) Limitations upon the amount of additional bonds,
warrants and other obligations payable out of the revenues
from the building or buildings which may be thereafter issued
and the terms and conditions upon which such additional
bonds, warrants or other obligations may be issued;
(i) Limitations upon the creation of additional liens or
encumbrances on the building or buildings or the personal
property used in connection therewith;
(j) The terms and conditions upon which the building or
buildings, or any part thereof, may be sold, mortgaged, leased
or otherwise disposed of, and the use or other disposition of
the proceeds of any such sale, mortgage or lease;
(k) The methods of operation, management and maintenance of the building or buildings;
(l) Accounting and auditing and the keeping of records,
reports and audits with respect to the building or buildings;
(m) The amendment or modification of any resolution
authorizing the issuance of bonds pursuant to the provisions
of RCW 28B.20.395, 28B.20.396, and 28B.20.398, including
the terms and conditions upon which such amendment or
modification may be effected and the number, amount or percentage of assenting bonds necessary to effectuate the same;
(n) Limitations upon the use of space or facilities in the
building or buildings without payment therefor; and
(o) Such other matters as may be necessary or desirable
to insure a successful and profitable operation of the building
or buildings.
(3) The term "building or buildings" as used in subsection (2) of this section means the building or buildings or
improvements upon the university tract with respect to which
the revenues are pledged, under the terms of the resolution, to
secure the payment of bonds issued under such resolution.
(4) The provisions of RCW 28B.20.395, 28B.20.396,
and 28B.20.398 and of any resolution adopted in conformity
with the provisions of this section shall constitute a contract
with the owners of warrants or bonds issued pursuant thereto,
and the provisions thereof shall be enforceable in any court of
competent jurisdiction by any owner of such warrants or
bonds by mandamus or any other appropriate suit, action or
proceeding at law or in equity.
(5) Bonds issued pursuant to the provisions of RCW
28B.20.395, 28B.20.396, and 28B.20.398 may be redeemed,
at the option of the board of regents, at such time or times,
upon such terms and conditions, and at such premiums as the
board of regents specifies in the resolution.
(6) If the board of regents fails to pay the required
amounts into the special fund, established in conformity with
subsection (2) of this section, the owner of any bond or bonds
affected thereby may maintain an action against the board of
regents to compel compliance with the terms of the resolution
in this respect.
[Title 28B RCW—page 98]
(7) Pending the preparation and execution of any bonds
the issuance of which is authorized under the provisions of
subsection (2) of this section, temporary bonds may be issued
in such form as the board of regents determines. [1999 c 346
§ 7; 1983 c 167 § 34; 1969 ex.s. c 223 § 28B.20.398. Prior:
1947 c 284 § 4; Rem. Supp. 1947 § 4566-14. Formerly RCW
28.77.380.]
Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381.
Additional notes found at www.leg.wa.gov
SCHOLARSHIPS, FELLOWSHIPS,
SPECIAL RESEARCH PROJECTS, AND HOSPITAL
28B.20.410 Center for research and training in intellectual and developmental disabilities—Established.
There is hereby established at the University of Washington a
center for research and training in intellectual and developmental disabilities. [2010 c 94 § 8; 1969 ex.s. c 223 §
28B.20.410. Prior: 1963 c 193 § 1. Formerly RCW
28.77.430.]
28B.20.410
Purpose—2010 c 94: See note following RCW 44.04.280.
28B.20.412 Center for research and training in intellectual and developmental disabilities—Administration.
The center shall be administered by the board of regents of
the University of Washington. [1982 c 163 § 4; 1973 c 62 §
8; 1969 ex.s. c 223 § 28B.20.412. Prior: 1963 c 193 § 2. Formerly RCW 28.77.432.]
28B.20.412
Additional notes found at www.leg.wa.gov
28B.20.414 Center for research and training in intellectual and developmental disabilities—Purpose. The
general purposes of the center shall be:
(1) To provide clinical and laboratory facilities for
research on the causes, diagnosis, prevention, and treatment
of intellectual and developmental disabilities;
(2) To develop improved professional and in-service
training programs in the various disciplines concerned with
persons with disabilities;
(3) To provide diagnostic and consultative services to
various state programs and to regional and local centers, to an
extent compatible with the primary research and teaching
objectives of the center. [2010 c 94 § 9; 1969 ex.s. c 223 §
28B.20.414. Prior: 1963 c 193 § 3. Formerly RCW
28.77.434.]
28B.20.414
Purpose—2010 c 94: See note following RCW 44.04.280.
28B.20.420 Graduate scholarships for engineering
research—Established. In order to further the development
of advance studies in engineering there shall be established in
the engineering laboratories of the University of Washington,
ten graduate scholarships and/or fellowships to the amount of
one thousand dollars and tuition each, per academic year.
These scholarships shall be in the field of engineering which
can best be used to aid the industrial development of the state
of Washington and its resources. This graduate work shall be
done in the laboratories of the university and shall be directed
along the lines of professional research and testing. [1969
28B.20.420
(2010 Ed.)
University of Washington
ex.s. c 223 § 28B.20.420. Prior: 1945 c 241 § 1. Formerly
RCW 28.77.220.]
28B.20.422
28B.20.422 Graduate scholarships for engineering
research—Studies published—Direction of program—
Qualifications for candidates. The studies and results of
such scholarships shall be published as bulletins or engineering reports of the college of engineering of the university and
a reasonable number of copies thereof shall be available to
the public without cost. The provisions of RCW 28B.20.420
and this section shall include the cost of individual scholarships, the cost of necessary supplies and materials to be utilized, and the cost of printing and distribution of the bulletins
or engineering reports. The direction of this research program
shall rest in the proper department or departments and
schools of the engineering college of the university and the
candidates must meet the qualifications of the graduate
school of the university for graduate students. [1969 ex.s. c
223 § 28B.20.422. Prior: 1945 c 241 § 2. Formerly RCW
28.77.225; 28.77.220, part.]
28B.20.440 University hospital. The board of regents
of the University of Washington is hereby authorized to operate a hospital upon university grounds to be used in conjunction with the university’s medical and dental schools, including equipping and additional construction to the same. [1969
ex.s. c 223 § 28B.20.440. Cf. (i) 1947 c 286 § 2. No RRS. (ii)
1945 c 15 § 4. No RRS.]
28B.20.440
28B.20.450
28B.20.450 Occupational and environmental
research facility—Construction and maintenance authorized—Purpose. There shall be constructed and maintained
at the University of Washington an occupational and environmental research facility in the school of medicine having as
its objects and purposes testing, research, training, teaching,
consulting and service in the fields of industrial and occupational medicine and health, the prevention of industrial and
occupational disease among workers, the promotion and protection of safer working environments and dissemination of
the knowledge and information acquired from such objects
and purposes. [1989 c 12 § 4; 1969 ex.s. c 223 § 28B.20.450.
Prior: 1963 c 151 § 1. Formerly RCW 28.77.410.]
28B.20.452
28B.20.452 Occupational and environmental
research facility—Industry to share costs. See RCW
51.16.042.
28B.20.454
28B.20.454 Occupational and environmental
research facility—Submission of industrial and occupational health problems to facility—Availability of information. Any matter or problem relating to the industrial and
occupational health of workers may be submitted to the environmental research facility by any public agency or interested
party. All research data and pertinent information available or
compiled at such facility related to the industrial and occupational health of workers shall be made available and supplied
without cost to any public agency or interested party. [1989
c 12 § 5; 1969 ex.s. c 223 § 28B.20.454. Prior: 1963 c 151 §
3. Formerly RCW 28.77.414.]
(2010 Ed.)
28B.20.464
28B.20.456
28B.20.456 Occupational and environmental
research facility—Advisory committee. There is hereby
created an advisory committee to the environmental research
facility consisting of eight members. Membership on the
committee shall consist of the director of the department of
labor and industries, the assistant secretary for the division of
health services of the department of social and health services, the president of the Washington state labor council, the
president of the association of Washington business, the dean
of the school of public health and community medicine of the
University of Washington, the dean of the school of engineering of the University of Washington, the president of the
Washington state medical association, or their representatives, and the chairman of the department of environmental
health of the University of Washington, who shall be ex officio chairman of the committee without vote. Such committee
shall meet at least semiannually at the call of the chairman.
Members shall serve without compensation. It shall consult,
review and evaluate policies, budgets, activities and programs of the facility relating to industrial and occupational
health to the end that the facility will serve in the broadest
sense the health of the workman as it may be related to his
employment. [1973 c 62 § 9; 1969 ex.s. c 223 § 28B.20.456.
Prior: 1963 c 151 § 4. Formerly RCW 28.77.416.]
Additional notes found at www.leg.wa.gov
28B.20.458
28B.20.458 Occupational and environmental
research facility—Acceptance of loans, gifts, etc.—Presentment of vouchers for payments from accident and
medical aid funds. The University of Washington may
accept and administer loans, grants, funds, or gifts, conditional or otherwise, in furtherance of the objects and purposes
of RCW 28B.20.450 through 28B.20.458, from the federal
government and from other sources public or private. For the
purpose of securing payment from the accident fund and
medical aid fund as funds are required, vouchers shall be presented to the department of labor and industries. [1969 ex.s.
c 223 § 28B.20.458. Prior: 1963 c 151 § 5. Formerly RCW
28.77.418.]
28B.20.462
28B.20.462 Warren G. Magnuson institute for biomedical research and health professions training—Established. The Warren G. Magnuson institute for biomedical
research and health professions training is established within
the Warren G. Magnuson health sciences center at the University of Washington. The institute shall be administered by
the university. The institute may be funded through a combination of federal, state, and private funds, including earnings
on the endowment fund in RCW 28B.20.472. [1990 c 282 §
1.]
28B.20.464
28B.20.464 Warren G. Magnuson institute—Purposes. The purposes of the Warren G. Magnuson institute for
biomedical research and health professions training are as
follows:
(1) Supporting one or more individuals engaged in biomedical research into the causes of, the treatments for, or the
management of diabetes is the primary purpose of the institute;
[Title 28B RCW—page 99]
28B.20.466
Title 28B RCW: Higher Education
(2) Providing financial assistance to students in graduate
or postgraduate training programs in the health professions at
the university is the secondary purpose of the institute;
(3) Supporting biomedical research into the causes of,
the treatment for, or the management of Parkinson’s disease,
osteoporosis, or any other disease or medical disorder where
the achievement of a significant result in the near term is
especially promising; and
(4) Enhancing the training, research, and public service
missions of the health sciences schools of the University of
Washington. [1990 c 282 § 2.]
28B.20.466 Warren G. Magnuson institute—Endowment fund earnings. Unless designated otherwise by
donors, the earnings on the endowment fund in RCW
28B.20.472 shall be distributed as follows:
(1) Earnings on the first seven hundred fifty thousand
dollars shall be expended at the direction of the dean of the
school of medicine, in support of one or more individuals
engaged in biomedical research into the causes of, the treatments for, or the management of diabetes;
(2) Earnings on the next two hundred fifty thousand dollars shall be expended to provide financial assistance to students in graduate or postgraduate training programs in the
health professions at the university, including: Medicine,
nursing, public health and community medicine, dentistry,
pharmacy, and social work. At least one such student at all
times shall be in a career pathway preparing for or engaged in
research related to diabetes, its antecedents, or complications;
and
(3) Earnings on additional funds within the endowment
may be used for any purpose of the institute as outlined in
RCW 28B.20.464. [1990 c 282 § 3.]
28B.20.466
28B.20.472 Warren G. Magnuson institute—Local
endowment fund. The state matching funds and the private
donations shall be deposited in the university’s local endowment fund. The university is responsible for investing and
maintaining all moneys within the fund. The principal of the
invested endowment fund shall not be invaded. The university may augment the endowment fund with additional private donations. The earnings of the fund shall be used solely
to support the purposes of the Warren G. Magnuson institute
for biomedical research and health professions training as set
forth in RCW 28B.20.464. [1990 c 282 § 6.]
28B.20.472
28B.20.475 Sea grant program—Geoduck aquaculture—Scientific research studies—Reports. (1) The sea
grant program at the University of Washington shall, consistent with this section, commission a series of scientific
research studies that examines the possible effects, including
the cumulative effects, of the current prevalent geoduck
aquaculture techniques and practices on the natural environment in and around Puget Sound, including the Strait of Juan
de Fuca. The sea grant program shall use funding provided
from the geoduck aquaculture research account created in
RCW 28B.20.476 to review existing literature, directly perform research identified as needed, or to enter into and manage contracts with scientific organizations or institutions to
accomplish these results.
28B.20.475
[Title 28B RCW—page 100]
(2) Prior to entering into a contract with a scientific organization or institution, the sea grant program must:
(a) Analyze, through peer review, the credibility of the
proposed party to the contract, including whether the party
has credible experience and knowledge and has access to the
facilities necessary to fully execute the research required by
the contract; and
(b) Require that all proposed parties to a contract fully
disclose any past, present, or planned future personal or professional connections with the shellfish industry or public
interest groups.
(3) All research commissioned under this section must
be subjected to a rigorous peer review process prior to being
accepted and reported by the sea grant program.
(4) In prioritizing and directing research under this section, the sea grant program shall meet with the department of
ecology at least annually and rely on guidance submitted by
the department of ecology. The department of ecology shall
convene the shellfish aquaculture regulatory committee created in section 4, chapter 216, Laws of 2007 as necessary to
serve as an oversight committee to formulate the guidance
provided to the sea grant program. The objective of the oversight committee, and the resulting guidance provided to the
sea grant program, is to ensure that the research required
under this section satisfies the planning, permitting, and data
management needs of the state, to assist in the prioritization
of research given limited funding, and to help identify any
research that is beneficial to complete other than what is
listed in subsection (5) of this section.
(5) To satisfy the minimum requirements of subsection
(1) of this section, the sea grant program shall review all scientific research that is existing or in progress that examines
the possible effect of currently prevalent geoduck practices,
on the natural environment, and prioritize and conduct new
studies as needed, to measure and assess the following:
(a) The environmental effects of structures commonly
used in the aquaculture industry to protect juvenile geoducks
from predation;
(b) The environmental effects of commercial harvesting
of geoducks from intertidal geoduck beds, focusing on current prevalent harvesting techniques, including a review of
the recovery rates for benthic communities after harvest;
(c) The extent to which geoducks in standard aquaculture
tracts alter the ecological characteristics of overlying waters
while the tracts are submerged, including impacts on species
diversity, and the abundance of other benthic organisms;
(d) Baseline information regarding naturally existing
parasites and diseases in wild and cultured geoducks, including whether and to what extent commercial intertidal geoduck aquaculture practices impact the baseline;
(e) Genetic interactions between cultured and wild geoduck, including measurements of differences between cultured geoducks and wild geoducks in terms of genetics and
reproductive status; and
(f) The impact of the use of sterile triploid geoducks and
whether triploid animals diminish the genetic interactions
between wild and cultured geoducks.
(6) If adequate funding is not made available for the
completion of all research required under this section, the sea
grant program shall consult with the shellfish aquaculture
regulatory committee, via the department of ecology, to pri(2010 Ed.)
University of Washington
oritize which of the enumerated research projects have the
greatest cost/benefit ratio in terms of providing information
important for regulatory decisions; however, the study identified in subsection (5)(b) of this section shall receive top priority. The prioritization process may include the addition of
any new studies that may be appropriate in addition to, or in
place of, studies listed in this section.
(7) When appropriate, all research commissioned under
this section must address localized and cumulative effects of
geoduck aquaculture.
(8) The sea grant program and the University of Washington are prohibited from retaining greater than fifteen percent of any funding provided to implement this section for
administrative overhead or other deductions not directly
associated with conducting the research required by this section.
(9) Individual commissioned contracts under this section
may address single or multiple components listed for study
under this section.
(10) All research commissioned under this section must
be completed and the results reported to the appropriate committees of the legislature by December 1, 2013. In addition,
the sea grant program shall provide the appropriate committees of the legislature with annual reports updating the status
and progress of the ongoing studies that are completed in
advance of the 2013 deadline. [2007 c 216 § 1.]
28B.20.476 Sea grant program—Geoduck aquaculture research account. The geoduck aquaculture research
account is created in the custody of the state treasurer. All
receipts from any legislative appropriations, the aquaculture
industry, or any other private or public source directed to the
account must be deposited in the account. Expenditures from
the account may only be used by the sea grant program for the
geoduck research projects identified by RCW 28B.20.475.
Only the president of the University of Washington or the
president’s designee may authorize expenditures from the
account. The account is subject to the allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2007 c 216 § 2.]
28B.20.476
28B.20.478 Center for human rights. (1) A University
of Washington center for human rights is created. The mission of the center is to expand opportunities for Washington
residents to receive a world-class education in human rights,
generate research data and expert knowledge to enhance public and private policymaking, and become an academic center
for human rights teaching and research in the nation. The
center shall align with the founding principles and philosophies of the United States of America and engage faculty,
staff, and students in service to enhance the promise of life
and liberty as outlined in the Preamble of the United States
Constitution. Key substantive issues for the center include:
The rights of all persons to security against violence; the
rights of immigrants, native Americans, and ethnic or religious minorities; human rights and the environment; health
as a human right; human rights and trade; the human rights of
working people; and women’s rights as human rights. State
funds may not be used to support the center for human rights
created in this section.
28B.20.478
(2010 Ed.)
28B.20.705
(2) The higher education coordinating board and the
University of Washington may solicit, accept, receive, and
administer federal funds or private funds, in trust or otherwise, and contract with foundations or with for-profit or nonprofit organizations to support the purposes of this section.
[2009 c 465 § 1.]
28B.20.4781 Center for human rights—Reports. The
University of Washington center for human rights shall
report to the appropriate committees of the legislature by
December 1, 2010, and biennially thereafter regarding the
center’s activities. The report shall include, but not be limited to, descriptions of the center’s activities and accomplishments especially as they relate to: International human rights
issues and community service; documentation of measurable
accomplishments in improving outcomes in the issue areas
outlined in RCW 28B.20.478; and documentation of engagement with agencies and nongovernmental organizations outside of the University of Washington. [2009 c 465 § 2.]
28B.20.4781
28B.20.500 Medical students from rural areas—
Admission preference. The school of medicine at the University of Washington shall develop and implement a policy
to grant admission preference to prospective medical students
from rural areas of the state who agree to serve for at least
five years as primary care physicians in rural areas of Washington after completion of their medical education and have
applied for and meet the qualifications of the program under
chapter 28B.115 RCW. Should the school of medicine be
unable to fill any or all of the admission openings due to a
lack of applicants from rural areas who meet minimum qualifications for study at the medical school, it may admit students not eligible for preferential admission under this section. [1991 c 332 § 26; 1990 c 271 § 9.]
28B.20.500
Additional notes found at www.leg.wa.gov
FINANCING BUILDINGS AND FACILITIES—1957 ACT
28B.20.700 Construction, remodeling, improvement,
financing, etc., authorized. The board of regents of the University of Washington is empowered, in accordance with the
provisions of this chapter, to provide for the construction,
completion, reconstruction, remodeling, rehabilitation and
improvement of buildings and facilities authorized by the
legislature for the use of the university and to finance the payment thereof by bonds payable out of a special fund from revenues hereafter derived from the payment of building fees,
gifts, bequests or grants, and such additional funds as the legislature may provide. [1985 c 390 § 36; 1969 ex.s. c 223 §
28B.20.700. Prior: 1959 c 193 § 1; 1957 c 254 § 1. Formerly
RCW 28.77.500.]
28B.20.700
28B.20.705 Definitions. The following terms, whenever used or referred to in this chapter, shall have the following meaning, excepting in those instances where the context
clearly indicates otherwise:
(1) The word "board" means the board of regents of the
University of Washington.
(2) The words "building fees" mean the building fees
charged students registering at the university.
28B.20.705
[Title 28B RCW—page 101]
28B.20.710
Title 28B RCW: Higher Education
(3) The words "bond retirement fund" mean the special
fund created by chapter 254, Laws of 1957, to be known as
the University of Washington bond retirement fund.
(4) The word "bonds" means the bonds payable out of
the bond retirement fund.
(5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of the university authorized by the legislature at any time and to be financed by the
issuance and sale of bonds. [1985 c 390 § 37; 1969 ex.s. c
223 § 28B.20.705. Prior: 1963 c 224 § 2; 1963 c 182 § 1;
1959 c 193 § 2; 1957 c 254 § 2. Formerly RCW 28.77.510.]
28B.20.710 Contracts, issuance of evidences of
indebtedness, acceptance of grants. In addition to the powers conferred under existing law, the board is authorized and
shall have the power:
(1) To contract for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of
such buildings or other facilities of the university as are and
which may hereafter be authorized by the legislature.
(2) To finance the same by the issuance of bonds secured
by the pledge of any or all of the revenues and receipts of the
bond retirement fund.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or any public or private corporation, association, or person to aid in defraying the costs of any
such projects. [1969 ex.s. c 223 § 28B.20.710. Prior: 1963 c
182 § 2; 1959 c 193 § 3; 1957 c 254 § 3. Formerly RCW
28.77.520.]
28B.20.710
28B.20.715 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Use of proceeds. For the purpose of
financing the cost of any projects, the board is hereby authorized to adopt the resolution or resolutions and prepare all
other documents necessary for the issuance, sale and delivery
of the bonds or any part thereof at such time or times as it
shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of the University of Washington
or of the board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred
dollars; and
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the university by the president of
the board, attested by the secretary of the board, have the seal
of the university impressed thereon or a facsimile of such seal
printed or lithographed in the bottom border thereof, and the
coupons attached thereto shall be signed with the facsimile
signatures of such president and secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
28B.20.715
[Title 28B RCW—page 102]
(c) That, except as otherwise provided in subsection
(8)(e) of this section, the bond is payable both principal and
interest solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the
bond retirement fund;
(6) Shall be payable at such times over a period of not to
exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as the
board may prescribe;
(8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with this chapter, and as
found to be necessary by the board for the most advantageous
sale thereof, which may include but not be limited to:
(a) A covenant that the building fees shall be established,
maintained and collected in such amounts that will provide
money sufficient to pay the principal of and interest on all
bonds payable out of the bond retirement fund, to set aside
and maintain the reserves required to secure the payment of
such principal and interest, and to maintain any coverage
which may be required over such principal and interest;
(b) A covenant that a reserve account shall be created in
the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made
that certain amounts be set aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred
from the University of Washington building account to the
bond retirement fund when ordered by the board of regents in
the event there is ever an insufficient amount of money in the
bond retirement fund to pay any installment of interest or
principal and interest coming due on the bonds or any of
them;
(d) A covenant fixing conditions under which bonds on a
parity with any bonds outstanding may be issued;
(e) A covenant to obligate, to pay the principal of or
interest on the bonds, all or a component of the fees and revenues of the University of Washington that are not subject to
appropriation by the legislature and that do not constitute
general state revenues as defined in Article VIII, section 1 of
the state Constitution or general state revenues for the purpose of calculating statutory limits on state indebtedness pursuant to *RCW 39.42.060.
The proceeds of the sale of all bonds issued in accordance with this chapter shall be used solely for paying the
costs of the projects, including costs of issuance and other
financing costs. [2009 c 499 § 7; 1985 c 390 § 38; 1970 ex.s.
c 56 § 26; 1969 ex.s. c 232 § 100; 1969 ex.s. c 223 §
28B.20.715. Prior: 1959 c 193 § 4; 1957 c 254 § 4. Formerly
RCW 28.77.530.]
*Reviser’s note: RCW 39.42.060 was repealed by 2009 c 500 § 13.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
University of Washington
28B.20.720 University of Washington bond retirement fund—Composition—Pledge of building fees. For
the purpose of paying and securing the payment of the principal of and interest on the bonds as the same shall become due,
there is created in the custody of the state treasurer a special
trust fund to be known as the University of Washington bond
retirement fund. An appropriation is not required for expenditures from the fund. There shall be paid into the fund, the
following:
(1) One-half of such building fees as the board may from
time to time determine, or such larger portion as may be necessary to prevent default in the payments required to be made
out of the bond retirement fund;
(2) Any gifts, bequests, or grants which may be made, or
may become available, for the purpose of furthering the construction of any authorized projects, or for the repayment of
the costs thereof;
(3) Such additional funds as the legislature may provide.
While any bonds issued in accordance with the provisions of this chapter or any interest thereon remain unpaid,
the bond retirement fund shall be available solely for the payment thereof except as provided in RCW 28B.20.725(5). As
a part of the contract of sale of such bonds, the board undertakes to charge and collect building fees and to deposit the
portion of such fees in the bond retirement fund in amounts
which will be sufficient to pay the principal of, and interest
on all such bonds outstanding. [2009 c 499 § 3; 1985 c 390 §
39; 1969 ex.s. c 223 § 28B.20.720. Prior: 1959 c 193 § 5;
1957 c 254 § 5. Formerly RCW 28.77.540.]
28B.20.720
1977 Bond act for the refunding of outstanding limited obligation revenue
bonds of institutions of higher education, as affecting: RCW
28B.14C.080 through 28B.14C.130.
28B.20.721 Revenues derived from certain university
lands deposited in University of Washington bond retirement fund. All moneys received from the lease or rental of
lands set apart by the enabling act for university purposes; all
interest or income arising from the proceeds of the sale of
such lands or of the timber, fallen timber, stone, gravel, or
other valuable material thereon; and all moneys received as
interest on deferred payments on contracts for the sale of such
lands shall be deposited in the "University of Washington
bond retirement fund" to be expended for the purposes set
forth in RCW 28B.20.720. [1969 ex.s. c 223 § 28B.20.721.
Prior: 1963 c 216 § 1. Formerly RCW 28.77.541.]
28B.20.721
28B.20.725 Additional powers of board—Issuance of
bonds, investments, transfer of funds, etc. The board is
hereby empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the University of Washington building account to the bond retirement
fund when necessary to prevent a default in the payments
required to be made out of such fund;
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds;
28B.20.725
(2010 Ed.)
28B.20.740
(5) To authorize the transfer to the University of Washington building account of any money on deposit in the bond
retirement fund in excess of debt service for a period of three
years from the date of such transfer on all outstanding bonds
payable out of such fund. However, during the 2009-2011
fiscal biennium, the legislature may transfer to the University
of Washington building account moneys that are in excess of
the debt service due within one year of the date of transfer on
all outstanding bonds payable out of the bond retirement
fund. [2010 1st sp.s. c 36 § 6008; 1969 ex.s. c 223 §
28B.20.725. Prior: 1959 c 193 § 6. Formerly RCW
28.77.545.]
Effective date—2010 1st sp.s. c 36: See note following RCW
43.155.050.
1977 Bond act for the refunding of outstanding limited obligation revenue
bonds of institutions of higher education, as affecting: RCW
28B.14C.080 through 28B.14C.130.
28B.20.730 Refunding bonds. The board is hereby
empowered to issue refunding bonds to provide funds to
refund any or all outstanding bonds payable from the bond
retirement fund and to pay any redemption premium payable
on such outstanding bonds being refunded. Such refunding
bonds may be issued in the manner and on terms and conditions and with the covenants permitted by this chapter for the
issuance of bonds. The refunding bonds shall be payable out
of the bond retirement fund and shall not constitute an obligation either general or special, of the state or a general obligation of the University of Washington or the board. The board
may exchange the refunding bonds at par for the bonds which
are being refunded or may sell them in such manner, at such
price and at such rate or rates of interest as it deems for the
best interest of the university. [1970 ex.s. c 56 § 27; 1969
ex.s. c 232 § 101; 1969 ex.s. c 223 § 28B.20.730. Prior: 1959
c 193 § 8. Formerly RCW 28.77.547.]
28B.20.730
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
28B.20.735 Bonds not general obligations—Legislature may provide additional means of payment. The
bonds authorized to be issued pursuant to the provisions of
RCW 28B.20.700 through 28B.20.740 shall not be general
obligations of the state of Washington, but shall be limited
obligation bonds payable only from the special fund created
for their payment as herein provided. The legislature may
provide additional means for raising money for the payment
of interest and principal of said bonds. RCW 28B.20.700
through 28B.20.740 shall not be deemed to provide an exclusive method for such payment. The power given to the legislature by this section to provide additional means for raising
money is permissive, and shall not in any way be construed as
a pledge of the general credit of the state of Washington.
[2009 c 499 § 8; 1985 c 390 § 40; 1969 ex.s. c 223 §
28B.20.735. Prior: 1957 c 254 § 7. Formerly RCW
28.77.550.]
28B.20.735
28B.20.740 RCW 28B.20.700 through 28B.20.740 as
concurrent with other laws. RCW 28B.20.700 through
28B.20.740 is to be construed as concurrent with other legislation with reference to providing funds for the construction
of buildings at the University of Washington, and is not to be
28B.20.740
[Title 28B RCW—page 103]
28B.20.744
Title 28B RCW: Higher Education
construed as limiting any other provision of law with reference thereto. [1969 ex.s. c 223 § 28B.20.740. Prior: 1957 c
254 § 10. Formerly RCW 28.77.580.]
MISCELLANEOUS
28B.20.744 University buildings and facilities for
critical patient care or specialized medical research—
Alternative process for awarding contracts—Reports to
capital projects advisory review board. (1) This section
provides an alternative process for awarding contracts for
construction, building, renovation, remodeling, alteration,
repair, or improvement of university buildings and facilities
in which critical patient care or highly specialized medical
research is located. These provisions may be used, in lieu of
other procedures to award contracts for such work, when the
estimated cost of the work is equal to or less than five million
dollars and the project involves construction, renovation,
remodeling, or alteration of improvements within a building
that is used directly for critical patient care or highly specialized medical research.
(2) The university may create a single critical patient
care or specialized medical research facilities roster or may
create multiple critical patient care or specialized medical
research facilities rosters for different trade specialties or categories of anticipated work. At least once a year, the university shall publish in a newspaper of general circulation a
notice of the existence of the roster or rosters and solicit a
statement of qualifications from contractors who wish to be
on the roster or rosters of prime contractors. In addition,
qualified contractors shall be added to the roster or rosters at
any time they submit a written request, necessary records,
and meet the qualifications established by the university. The
university may require eligible contractors desiring to be
placed on a roster to keep current records of any applicable
licenses, certifications, registrations, bonding, insurance, or
other appropriate matters on file with the university as a condition of being placed on a roster or rosters. Placement on a
roster shall be on the basis of qualifications.
(3) The public solicitation of qualifications shall include
but not be limited to:
(a) A description of the types of projects to be completed
and where possible may include programmatic, performance,
and technical requirements and specifications;
(b) The reasons for using the critical patient care and
specialized medical research roster process;
(c) A description of the qualifications to be required of a
contractor, including submission of an accident prevention
program;
(d) A description of the process the university will use to
evaluate qualifications, including evaluation factors and the
relative weight of factors;
(e) The form of the contract to be awarded;
(f) A description of the administrative process by which
the required qualifications, evaluation process, and project
types may be appealed; and
(g) A description of the administrative process by which
decisions of the university may be appealed.
(4) The university shall establish a committee to evaluate
the contractors submitting qualifications. Evaluation criteria
28B.20.744
[Title 28B RCW—page 104]
for selection of the contractor or contractors to be included on
a roster shall include, but not be limited to:
(a) Ability of a contractor’s professional personnel;
(b) A contractor’s past performance on similar projects,
including but not limited to medical facilities, and involving
either negotiated work or other public works contracts;
(c) The contractor’s ability to meet time and budget
requirements;
(d) The contractor’s ability to provide preconstruction
services, as appropriate;
(e) The contractor’s capacity to successfully complete
the project;
(f) The contractor’s approach to executing projects;
(g) The contractor’s approach to safety and the contractor’s safety history; and
(h) The contractor’s record of performance, integrity,
judgment, and skills.
(5) Contractors meeting the evaluation committee’s criteria for selection must be placed on the applicable roster or
rosters.
(6) When a project is selected for delivery through this
roster process, the university must establish a procedure for
securing written quotations from all contractors on a roster to
assure that a competitive price is established. Invitations for
quotations shall include an estimate of the scope and nature
of the work to be performed as well as materials and equipment to be furnished. Plans and specifications must be
included in the invitation but may not be detailed. Award of
a project must be made to the responsible bidder submitting
the lowest responsive bid.
(7) The university shall make an effort to solicit proposals from certified minority or certified woman-owned contractors to the extent permitted by the Washington state civil
rights act, RCW 49.60.400.
(8) Beginning in September 2010 and every other year
thereafter, the university shall provide a report to the capital
projects advisory review board which must, at a minimum,
include a list of rosters used, contracts awarded, and a
description of outreach to and participation by women and
minority-owned businesses. [2010 c 245 § 11.]
Reviser’s note—Sunset Act application: The alternative process for
awarding contracts is subject to review, termination, and possible extension
under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.413. RCW
28B.20.744 is scheduled for future repeal under RCW 43.131.414.
Findings—Expand on demand—System design plan endorsed—
2010 c 245: See note following RCW 28B.50.020.
28B.20.745 Validation—1959 c 193. Any covenants of
the bonds issued by the University of Washington under the
authority of chapter 254, Laws of 1957 not expressly authorized by said chapter but authorized in chapter 193, Laws of
1959 are hereby declared to be legal and binding in all
respects. [1969 ex.s. c 223 § 28B.20.745. Prior: 1959 c 193
§ 11. Formerly RCW 28.77.590.]
28B.20.745
28B.20.750 Hospital project bonds—State general
obligation bonds in lieu of revenue bonds. The legislature
has previously approved by its appropriation of funds from
time to time, a capital improvement project for the University
of Washington hospital, which project was to be partly
funded by the issuance, by the university board of regents, of
28B.20.750
(2010 Ed.)
University of Washington
revenue bonds payable from certain university hospital fees.
In order that such project may be funded on terms most
advantageous to the state, it is hereby determined to be in the
public interest that state general obligation bonds be issued to
provide part of the funds for such project in lieu of revenue
bonds. [1975 1st ex.s. c 88 § 1.]
Additional notes found at www.leg.wa.gov
28B.20.751 Hospital project bonds—Amount authorized. For the purpose of providing financing for needed
acquisition, construction, remodeling, furnishing or equipping of buildings and facilities of the University of Washington hospital, the state finance committee is hereby authorized
to issue from time to time general obligation bonds of the
state of Washington in the aggregate principal amount of
eight million dollars, or so much thereof as shall be required
to finance the university hospital improvements project
described in RCW 28B.20.750, to be paid and discharged
within thirty years of the date of issuance, in accordance with
Article VIII, section 1, of the Constitution of the state of
Washington. [1975 1st ex.s. c 88 § 2.]
28B.20.751
Additional notes found at www.leg.wa.gov
28B.20.752 Hospital project bonds—Bond anticipation notes, authorized, payment. When the state finance
committee has determined to issue such general obligation
bonds or a portion thereof, it may, pending the issuance
thereof, issue in the name of the state temporary notes in
anticipation of the issuance of such bonds, which notes shall
be designated as "bond anticipation notes". Such portion of
the proceeds of the sale of such bonds as may be required for
the payment of principal and redemption premium, if any, of
and interest on such notes shall be applied thereto when such
bonds are issued. [1975 1st ex.s. c 88 § 3.]
28B.20.752
Additional notes found at www.leg.wa.gov
28B.20.753 Hospital project bonds—Form, terms,
conditions, sale, and covenants for bonds and notes. The
state finance committee is authorized to prescribe the form,
terms, conditions and covenants of the bonds and/or the bond
anticipation notes, the time or times of sale of all or any portion of them, and the conditions and manner of their sale and
issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975 1st ex.s. c 88 § 4.]
28B.20.753
Additional notes found at www.leg.wa.gov
28B.20.754 Hospital project bonds—Disposition of
proceeds. Except for that portion of the proceeds required to
pay bond anticipation notes pursuant to RCW 28B.20.752,
the proceeds from the sale of the bonds and/or bond anticipation notes authorized herein, together with all grants, donations, transferred funds and other moneys which the state
finance committee or the board of regents of the University of
Washington may direct the state treasurer to deposit therein,
shall be deposited in the building authority construction
account in the state treasury. [1975 1st ex.s. c 88 § 5.]
28B.20.754
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28B.20.759
28B.20.755 Hospital project bonds—Administration
of proceeds from bonds and notes. Subject to legislative
appropriation, all proceeds of the bonds and/or bond anticipation notes authorized in RCW 28B.20.750 through
28B.20.759 shall be administered and expended by the board
of regents of the University of Washington exclusively for
the purposes specified in RCW 28B.20.750 through
28B.20.759 and for the payment of the expenses incurred in
connection with the sale and issuance of such bonds and bond
anticipation notes. [1975 1st ex.s. c 88 § 6.]
28B.20.755
Additional notes found at www.leg.wa.gov
28B.20.756 Hospital project bonds—1975 University
of Washington hospital bond retirement fund, created,
purpose. The 1975 University of Washington hospital bond
retirement fund is hereby created in the state treasury for the
purpose of the payment of principal of and interest on the
bonds authorized to be issued pursuant to RCW 28B.20.750
through 28B.20.759.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the 1975 University of Washington hospital bond retirement fund an amount equal to the
amount certified by the state finance committee. [1975 1st
ex.s. c 88 § 7.]
28B.20.756
Additional notes found at www.leg.wa.gov
28B.20.757 Hospital project bonds—Regents to
accumulate moneys for bond payments. On or before June
30th of each year, the board of regents of the university shall
cause to be accumulated, in an appropriate local fund, from
fees charged patients of the university hospital and other
moneys legally available for such purposes, an amount at
least equal to the amount required in the next succeeding
twelve months for the payment of the principal of and interest
coming due on the bonds issued pursuant to RCW
28B.20.750 through 28B.20.759. Notwithstanding the provisions of RCW 28B.15.220, on July 1st of each such year the
board of regents of the university shall cause to be paid to the
state treasurer for deposit into the general fund of the state
treasury, the sum so accumulated. [1975 1st ex.s. c 88 § 8.]
28B.20.757
Additional notes found at www.leg.wa.gov
28B.20.758 Hospital project bonds—As legal investment for public funds. The bonds authorized in RCW
28B.20.750 through 28B.20.759 shall constitute a legal
investment for all state funds or for funds under state control
and all funds of municipal corporations. [1975 1st ex.s. c 88
§ 9.]
28B.20.758
Additional notes found at www.leg.wa.gov
28B.20.759 Hospital project bonds—Prerequisite to
issuance. The bonds authorized in RCW 28B.20.750
through 28B.20.759 shall be issued only after the university
board of regents has certified to the state finance committee
that projected revenue from fees charged patients of the uni28B.20.759
[Title 28B RCW—page 105]
28B.20.770
Title 28B RCW: Higher Education
versity hospital shall be adequate, based upon reasonable projections for that revenue, to enable the board of regents to
meet the requirement of RCW 28B.20.757 during the life of
the bonds proposed to be issued. [1975 1st ex.s. c 88 § 10.]
Additional notes found at www.leg.wa.gov
28B.20.770
28B.20.770 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College. See RCW 28B.10.300
through 28B.10.330.
28B.20.800
28B.20.800 Revenues derived from certain university
lands and income from university permanent fund deposited in University of Washington bond retirement fund—
Covenant. All moneys hereafter received from the lease or
rental of lands set apart for the University of Washington by
chapter 91, Laws of 1903 and section 9, chapter 122, Laws of
1893, and all interest or income arising from the proceeds of
the sale of such land, less the allocation to the state treasurer’s
service account [fund] pursuant to RCW 43.08.190 and the
state investment board expense account pursuant to RCW
43.33A.160, and all proceeds from the sale of timber, fallen
timber, stone, gravel, or other valuable material and all other
receipts therefrom shall be deposited to the credit of the "University of Washington bond retirement fund" to be expended
for the purposes set forth in RCW 28B.20.720. All proceeds
of sale of such lands, exclusive of investment income, shall
be deposited to the credit of the state university permanent
fund, shall be retained therein and shall not be transferred to
any other fund or account. All interest earned or income
received from the investment of the money in the state university permanent fund shall be deposited to the credit of the
University of Washington bond retirement fund less the allocations to the state treasurer’s service fund pursuant to RCW
43.08.190 and the state investment board expense account
pursuant to RCW 43.33A.160.
As a part of the contract of sale of bonds payable out of
the University of Washington bond retirement fund, the
board of regents of the University of Washington may covenant that all moneys derived from the above provided
sources, which are required to be paid into the bond retirement fund, shall continue to be paid into such bond retirement fund for as long as any of such bonds are outstanding.
[1991 sp.s. c 13 § 97; 1969 ex.s. c 223 § 28B.20.800. Prior:
1965 ex.s. c 135 § 1. Formerly RCW 28.77.620.]
1977 Bond act for the refunding of outstanding limited obligation revenue
bonds of institutions of higher education, as affecting: RCW
28B.14C.080 through 28B.14C.130.
Additional notes found at www.leg.wa.gov
28B.20.805
28B.20.805 Revenues derived from certain university
lands and income from university permanent fund deposited in University of Washington bond retirement fund—
Ratification of previous transfers. The transfers heretofore
made of all moneys from the sources described in RCW
28B.20.800 and 43.79.201 into the University of Washington
bond retirement fund and permanent fund are in all respects
ratified and confirmed. [1969 ex.s. c 223 § 28B.20.805.
Prior: 1965 ex.s. c 135 § 3. Formerly RCW 28.77.630.]
[Title 28B RCW—page 106]
28B.20.810 Revenues derived from certain university
lands and income from university permanent fund deposited in University of Washington bond retirement fund—
Transfers of certain funds and investments from university permanent fund to University of Washington bond
retirement fund and University of Washington building
account. The board of regents of the University of Washington is empowered to authorize from time to time the transfer
from the state university permanent fund to be held in reserve
in the bond retirement fund created by RCW 28B.20.720 any
unobligated funds and investments derived from lands set
apart for the support of the university by chapter 91, Laws of
1903 and section 9, chapter 122, Laws of 1893, to the extent
required to comply with bond covenants regarding principal
and interest payments and reserve requirements for bonds
payable out of the bond retirement fund up to a total amount
of five million dollars, and to transfer any or all of said unobligated funds and investments in excess of five million dollars to the university building account created by *RCW
43.79.330(22). Any funds transferred to the bond retirement
fund pursuant to this section shall be replaced by moneys first
available out of the moneys required to be deposited in such
fund pursuant to RCW 28B.20.800. The board is further
empowered to direct the state finance committee to convert
any investments in such permanent fund acquired with funds
derived from such lands into cash or obligations of or guaranteed by the United States of America prior to the transfer of
such funds and investments to such reserve account or building account. [1991 sp.s. c 13 § 78; 1969 ex.s. c 223 §
28B.20.810. Prior: 1965 ex.s. c 135 § 4. Formerly RCW
28.77.640.]
28B.20.810
*Reviser’s note: RCW 43.79.330 was amended in 1979, 1980, and
1981 renumbering subsections, and was subsequently amended by 2008 c
128 § 18, changing the subsection to subsection (9), effective July 1, 2009.
Additional notes found at www.leg.wa.gov
28B.20.820 Revenues derived from certain university
lands and income from university permanent fund deposited in University of Washington bond retirement fund—
RCW 79.64.040 not affected. Nothing contained in RCW
28B.20.800 through 28B.20.820 and RCW 43.79.201 is
intended to amend or modify RCW 79.64.040 (section 4,
chapter 178, Laws of 1961). [1969 ex.s. c 223 § 28B.20.820.
Prior: 1965 ex.s. c 135 § 5. Formerly RCW 28.77.650.]
28B.20.820
Chapter 28B.30
Chapter 28B.30 RCW
WASHINGTON STATE UNIVERSITY
Sections
28B.30.010 Designation.
28B.30.015 Purpose.
28B.30.050 Collaboration with Eastern Washington University and local
community colleges.
28B.30.054 Credits—Statewide transfer policy and agreement—Establishment.
28B.30.055 "Major line" defined.
28B.30.057 Major lines common to University of Washington and Washington State University.
28B.30.060 Courses exclusive to Washington State University.
28B.30.065 Exclusive instruction in agriculture.
28B.30.067 Wine grape industry, instruction relating to—Purpose.
28B.30.068 Wine grape industry, instruction relating to—Administration.
28B.30.075 University fees.
28B.30.095 Management.
(2010 Ed.)
Washington State University
28B.30.100 Regents—Appointment—Terms—Vacancies—Quorum—
Bond.
28B.30.115 Regents—Oaths.
28B.30.116 Regents—Expenses.
28B.30.117 Regents—Attorney general as advisor.
28B.30.120 Regents—Meetings—Vacancy not to affect rights of remaining members.
28B.30.125 Regents—Board organization—President—President’s
duties—Bylaws, laws.
28B.30.130 Regents—Treasurer of board—Bond—Disbursement of funds
by.
28B.30.135 Regents—University president as secretary of board—
Duties—Bond.
28B.30.140 Regents—Employees, board members, to have no interest in
contracts.
28B.30.150 Regents—General powers and duties.
28B.30.200 Morrill act funds allotted to university.
28B.30.210 Acceptance of federal aid—1907 c 198—Assent.
28B.30.215 Acceptance of certain federal aid.
28B.30.220 Acceptance of federal aid—1925 ex.s. c 182.
28B.30.250 University designated as recipient of all federal aid to agricultural experiment stations.
28B.30.255 University designated as recipient of all federal aid to agricultural experiment stations—Assent to congressional grants to
university.
28B.30.270 State treasurer receiving agent of certain federal aid—Acts
enumerated.
28B.30.280 State treasurer receiving agent of certain federal aid—Withdrawals.
28B.30.285 State treasurer receiving agent of certain federal aid—Trust
funds not subject to appropriation.
28B.30.300 State treasurer to report annually on university assets held in
trust.
28B.30.310 Department of natural resources to report annually on university trust lands transactions.
28B.30.325 Lease of lands with outdoor recreation potential—Restrictions—Unlawful to use posted lands.
28B.30.350 Medical, health and hospital service—Authorized.
28B.30.355 Medical, health and hospital service—Leases, contracts and
agreements.
28B.30.499 High-technology education and training.
28B.30.500 Masters and doctorate level degrees in technology authorized—Review by higher education coordinating board.
28B.30.520 Statewide off-campus telecommunications system—Authorized—Purpose, education in high-technology fields—
Availability of facilities.
28B.30.530 Small business development center—Services—Use of funds.
28B.30.531 Business assistance account.
28B.30.533 Construction of RCW 28B.30.530—Conflict with federal
requirements.
28B.30.535 International marketing program for agricultural commodities
and trade (IMPACT) center created—Primary functions.
28B.30.537 IMPACT center—Duties.
28B.30.539 IMPACT center—Director.
28B.30.541 IMPACT center—Use of research and services—Fees.
28B.30.543 IMPACT center—Contributions and support.
28B.30.600 Tree fruit research center facility, financing—Bonds, authorization conditional—Amount—Discharge.
28B.30.602 Tree fruit research center facility, financing—Bonds, committee to control issuance, sale and retirement of.
28B.30.604 Tree fruit research center facility, financing—Anticipation
notes authorized—Use of proceeds.
28B.30.606 Tree fruit research center facility, financing—Administration
of proceeds from sale of bonds or notes—Investment of surplus funds.
28B.30.608 Tree fruit research center facility, financing—Security for
bonds issued.
28B.30.610 Tree fruit research center facility, financing—Office-laboratory facilities bond redemption fund created, use.
28B.30.612 Tree fruit research center facility, financing—Rights of owner
and holder of bonds.
28B.30.614 Tree fruit research center facility, financing—Lease agreement prerequisite to sale of bonds—Disposition of lease payments.
28B.30.616 Tree fruit research center facility, financing—Bonds, legislature may provide additional means for payment.
28B.30.618 Tree fruit research center facility, financing—Bonds as legal
investment for public funds.
28B.30.619 Tree fruit research center facility, financing—Appropriation.
28B.30.620 Tree fruit research center facility, financing—Alternatives
authorized.
28B.30.630 Puget Sound water quality field agents program—Definitions.
28B.30.632 Puget Sound water quality field agents program—Local field
agents.
(2010 Ed.)
Chapter 28B.30
28B.30.634 Puget Sound water quality field agents program—Matching
requirements.
28B.30.638 Puget Sound water quality field agents program—Captions not
law.
28B.30.640 Climate and rural energy development center—Definitions.
28B.30.642 Climate and rural energy development center—Authorized.
28B.30.644 Climate and rural energy development center—Funding.
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.30.700 Construction, remodeling, improvement, financing through
bonds, authorized.
28B.30.710 Definitions.
28B.30.720 Contracts, issuance of evidences of indebtedness, bonds,
acceptance of grants.
28B.30.730 Bonds—Issuance, sale, form, term, interest—Covenants—Use
of proceeds.
28B.30.740 Washington State University bond retirement fund—Composition—Pledge of building fees.
28B.30.741 Washington State University bond retirement fund—Disposition of certain revenues from scientific school lands.
28B.30.742 Washington State University bond retirement fund—Disposition of certain revenues from agricultural college lands.
28B.30.750 Additional powers of board—Issuance of bonds, investments,
transfer of funds, etc.
28B.30.760 Refunding bonds.
28B.30.770 Bonds not general obligations—Legislature may provide additional means of payment.
28B.30.780 Other laws not repealed or limited.
28B.30.800 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College.
28B.30.810 Dairy/forage and agricultural research facility—Rainier
school farm—Revolving fund—Lease of herd, lands, authorized.
28B.30.900 Transfer of energy education, applied research, and technology transfer programs from state energy office.
28B.30.901 Establishment of administrative units to coordinate energy
education or energy program delivery programs.
28B.30.902 Lind dryland research unit—Income from leased property.
28B.30.903 Washington State University extension energy program—
Plant operations support program.
Acquisition of property, powers: RCW 28B.10.020.
Administration of the jobs act: RCW 43.331.040.
Admission requirements: RCW 28B.10.050.
Agricultural college grant: RCW 43.79.120.
Agricultural extension work: RCW 36.50.010.
Athletic printing and concessions, bids required: RCW 28B.10.640.
Bond issue for projects: RCW 43.83.090 through 43.83.104.
Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW.
Bond issues for buildings and facilities: RCW 28B.10.300 through
28B.10.330.
Branch campuses
Southwest Washington area: RCW 28B.45.040.
Spokane area: RCW 28B.30.050.
Tri-Cities area: RCW 28B.45.030.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Buildings and facilities
borrowing money for: RCW 28B.10.300(4).
no state liability: RCW 28B.10.330.
rate of interest: RCW 28B.10.325.
contracts for construction and installation: RCW 28B.10.300(1).
contracts to pay as rentals the costs of acquiring: 28B.10.300(5).
lease of campus lands for: RCW 28B.10.300(3).
purchase or lease of land for: RCW 28B.10.300(2).
use of acquired: RCW 28B.10.305.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
County hospitals, contracts with state universities relating to medical services, teaching and research: RCW 36.62.290.
Courses, studies, and instruction
graduate work: RCW 28B.10.120.
home economics extension work: RCW 36.50.010.
[Title 28B RCW—page 107]
28B.30.010
Title 28B RCW: Higher Education
major courses common to Washington State University and University of
Washington: RCW 28B.10.115.
physical education: RCW 28B.10.700.
studies on alternate agricultural practices to open burning of grasses
grown for seed—Report: RCW 70.94.6532.
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Eminent domain by: RCW 28B.10.020.
Entrance requirements: RCW 28B.10.050.
Eye protection, public educational institutions: RCW 70.100.010 through
70.100.040.
Faculty members and employees
annuity and retirement plans: RCW 28B.10.400 through 28B.10.423.
insurance: RCW 28B.10.660.
leaves of absence: RCW 28B.10.560.
Flag, display: RCW 28B.10.030.
Funds
agricultural permanent fund
created: RCW 43.79.130.
investment in regents’ revenue bonds: RCW 43.84.140.
source: RCW 43.79.130.
Clarke-McNary fund, receipt and disbursement of authorized: RCW
43.30.360.
cooperative farm forestry fund, receipt and disbursement of authorized:
RCW 43.30.370.
scientific permanent fund
created: RCW 43.79.110.
investment in regents’ revenue bonds: RCW 43.84.140.
Washington State University fund, sources: RCW 43.79.140.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Home economics extension work: RCW 36.50.010.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Insurance for officers, employees and students: RCW 28B.10.660.
Liquor revolving fund, alcoholism and drug abuse research, use for: RCW
66.08.180.
1977 Washington State University buildings and facilities financing act:
Chapter 28B.31 RCW.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Parking facilities: RCW 28B.10.300.
Pest districts, general supervision over: RCW 17.12.060.
Police force: RCW 28B.10.550 through 28B.10.567.
Real property
acquisition of authorized: RCW 28B.10.020.
share crop leasing authorized: RCW 79.13.320.
state lands, included in definition: RCW 79.02.010.
28B.30.010 Designation. The state university located
and established in Pullman, Whitman county, shall be designated Washington State University. [1969 ex.s. c 223 §
28B.30.010. Prior: 1959 c 77 § 1; 1905 c 53 § 1; 1891 c 145
§ 1; RRS § 4567. Formerly RCW 28.80.010.]
28B.30.010
28B.30.015 Purpose. The aim and the purpose of
Washington State University shall be to provide a higher education in such fields as may be established therein from time
to time by the board of regents or by law, including instruction in agriculture or other industrial pursuits, mechanical arts
and the natural sciences. [1969 ex.s. c 223 § 28B.30.015.
Prior: 1909 c 97 p 243 § 1, part; RRS § 4568, part; prior:
1897 c 118 § 190, part; 1891 c 145 § 1, part. Formerly RCW
28.80.015; 28.76.040, part and 28.76.050, part.]
28B.30.015
28B.30.050 Collaboration with Eastern Washington
University and local community colleges. Washington
State University and Eastern Washington University shall
collaborate with one another and with local community colleges in providing educational pathways and programs to the
citizens of the Spokane area. [2004 c 57 § 3; 1991 c 205 § 11;
1989 1st ex.s. c 7 § 6. Formerly RCW 28B.45.050.]
28B.30.050
28B.30.054 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.30.054
28B.30.055 "Major line" defined.
28B.10.100.
28B.30.055
See RCW
28B.30.057 Major lines common to University of
Washington and Washington State University. See RCW
28B.10.115.
28B.30.057
28B.30.060 Courses exclusive to Washington State
University. The courses of instruction of Washington State
University shall embrace as exclusive major lines, agriculture
in all its branches and subdivisions, veterinary medicine, and
economic science in its application to agriculture and rural
life. [1969 ex.s. c 223 § 28B.30.060. Prior: 1917 c 10 § 3;
RRS § 4534. Formerly RCW 28.80.025; 28.76.070, part.]
28B.30.060
Scientific school grant: RCW 43.79.100.
Stadium approach highway authorized
acquisition of property for: RCW 47.20.600.
condemnation for: RCW 47.20.610.
measure of damage to buildings: RCW 47.20.620.
sale of buildings and personalty acquired in acquisition of land: RCW
47.20.630.
use declared public use: RCW 47.20.605.
28B.30.065 Exclusive instruction in agriculture.
Work and instruction in agriculture in all its branches and
subdivisions shall be offered and taught in Washington State
University exclusively. [1969 ex.s. c 223 § 28B.30.065.
Prior: 1917 c 10 § 6; RRS § 4537. Formerly RCW 28.80.026;
28.76.070, part.]
28B.30.065
State building authority, projects approved: Chapter 43.75 RCW.
State College of Washington building account, name changed to Washington
State University building account: RCW 43.79.335.
Students
insurance: RCW 28B.10.660.
loan fund for national defense education act: RCW 28B.10.280.
Teachers
training courses: RCW 28B.10.140.
use of district schools for training: RCW 28B.10.600 through 28B.10.605.
Traffic regulations, penalty for violations: RCW 28B.10.560.
[Title 28B RCW—page 108]
28B.30.067 Wine grape industry, instruction relating
to—Purpose. Marked increases in state and national consumption make it evident that our developing wine grape
industry has a bright future. To help assure its success the legislature concludes that Washington State University should
provide a sound research, extension, and resident instruction
base for both wine grape production and the processing
aspects of the wine industry. [1981 1st ex.s. c 5 § 5.]
28B.30.067
(2010 Ed.)
Washington State University
Liquor revolving fund—Distribution—Reserve for administration—Disbursement to universities and department of social and health services:
RCW 66.08.180.
Additional notes found at www.leg.wa.gov
28B.30.068 Wine grape industry, instruction relating
to—Administration. Revenues received from RCW
66.08.180 for wine and wine grape research, extension programs related to wine and wine grape research, and resident
instruction in both wine grape production and the processing
aspects of the wine industry by Washington State University
shall be administered by the College of Agriculture. When
formulating or changing plans for programs and research, the
College of Agriculture shall confer with representatives of
the Washington Wine Society. [1981 1st ex.s. c 5 § 7.]
28B.30.068
Liquor revolving fund—Distribution—Reserve for administration—Disbursement to universities and department of social and health services:
RCW 66.08.180.
Additional notes found at www.leg.wa.gov
28B.30.075 University fees.
RCW.
28B.30.075
See chapter 28B.15
28B.30.095 Management. The management of Washington State University and its experiment stations, the care
and preservation of all property of which the institution shall
become possessed, the erection and construction of all buildings necessary for the use of said university and stations, and
the disbursement and expenditure of all money provided for
said university, shall be vested in the board of regents, constituted as provided in RCW 28B.30.100; said regents and their
successors in office shall have the right to cause all things to
be done necessary to carry out the provisions of this chapter
or as otherwise provided by law. [1969 ex.s. c 223 §
28B.30.095. Prior: 1949 c 115 § 1, part; 1909 c 97 p 245 § 5,
part; Rem. Supp. 1949 § 4576, part; prior: 1897 c 118 § 194,
part; 1891 c 145 § 4, part. Formerly RCW 28.80.070, part,
28.80.080, part and 28.80.130, part.]
28B.30.095
28B.30.100 Regents—Appointment—Terms—
Vacancies—Quorum—Bond. (1) The governance of
Washington State University shall be vested in a board of
regents to consist of ten members one of whom shall be a student. The governor shall select the student member from a
list of candidates, of at least three and not more than five, submitted by the governing body of the associated students.
They shall be appointed by the governor, by and with the consent of the senate and, except for the student member, shall
hold their offices for a term of six years from the first day of
October and until their successors are appointed and qualified. The student member shall hold his or her office for a
term of one year from the first day of July until the first day
of July of the following year or until his or her successor is
appointed and qualified, whichever is later. The student
member shall be a full-time student in good standing at the
university at the time of appointment.
(2) Six members of said board shall constitute a quorum
for the transaction of business. In the case of a vacancy or
when an appointment is made after the date of the expiration
of a term, the governor shall fill the vacancy for the remain28B.30.100
(2010 Ed.)
28B.30.125
der of the term of the regent whose office has become vacant
or expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) Each regent shall, before entering upon the discharge
of his respective duties as such, execute a good and sufficient
bond to the state of Washington, with two or more sufficient
sureties, residents of the state, or with a surety company
licensed to do business within the state, in the penal sum of
not less than five thousand dollars, conditioned for the faithful performance of his duties as such regent: PROVIDED,
That the university shall pay any fees incurred for any such
bonds for their board members.
(5) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members
and personnel. [2006 c 78 § 2; 1998 c 95 § 2; 1985 c 61 § 2;
1979 ex.s. c 103 § 3; 1973 c 62 § 10; 1969 ex.s. c 223 §
28B.30.100. Prior: 1949 c 115 § 1, part; 1909 c 97 p 245 §
5, part; Rem. Supp. 1949 § 4576, part; prior: 1897 c 118 §
194, part; 1891 c 145 § 4, part. Formerly RCW 28.80.070,
part, 28.80.080, part and 28.80.130, part.]
Additional notes found at www.leg.wa.gov
28B.30.115 Regents—Oaths.
28B.30.115
See RCW 28B.10.520.
28B.30.116 Regents—Expenses.
28B.10.525.
28B.30.116
See RCW
28B.30.117 Regents—Attorney general as advisor.
See RCW 28B.10.510.
28B.30.117
28B.30.120 Regents—Meetings—Vacancy not to
affect rights of remaining members. Meetings of the board
of regents may be called in such manner as the board may
prescribe, and a full meeting of the board shall be called at
least once a year. No vacancy in said board shall impair the
rights of the remaining members of the board. [1979 ex.s. c
103 § 6; 1969 ex.s. c 223 § 28B.30.120. Prior: 1909 c 97 p
248 § 12; RRS § 4592; prior: 1897 c 118 § 201; 1891 c 145
§ 12. Formerly RCW 28.80.100.]
28B.30.120
Additional notes found at www.leg.wa.gov
28B.30.125 Regents—Board organization—President—President’s duties—Bylaws, laws. The board of
regents shall meet and organize by the election of a president
from their own number on or as soon as practicable after the
first Wednesday in April of each year.
The board president shall be the chief executive officer
of the board and shall preside at all meetings thereof, except
that in his absence the board may appoint a chairman pro
tempore. The board president shall sign all instruments
required to be executed by said board other than those for the
disbursement of funds.
The board may adopt bylaws for its own organizational
purposes and enact laws for the government of the university
and its properties. [1969 ex.s. c 223 § 28B.30.125. Prior: (i)
1955 c 346 § 1, part; 1909 c 97 p 246 § 6, part; RRS § 4577,
part. Formerly RCW 28.80.110, part. (ii) 1909 c 97 p 247 § 7,
28B.30.125
[Title 28B RCW—page 109]
28B.30.130
Title 28B RCW: Higher Education
part; RRS § 4578, part; prior: 1897 c 118 § 196, part; 1891 c
145 § 7, part. Formerly RCW 28.80.120, part. (iii) 1909 c 97
p 249 § 16, part; RRS § 4596, part; prior: 1897 c 118 § 205,
part; 1891 c 145 § 19, part. Formerly RCW 28.80.160, part.]
28B.30.130 Regents—Treasurer of board—Bond—
Disbursement of funds by. The board of regents shall
appoint a treasurer who shall be the financial officer of the
board and who shall hold office during the pleasure of the
board. The treasurer shall render a true and faithful account
of all moneys received and paid out by him, and shall give
bond for the faithful performance of the duties of his office in
such amount as the regents require: PROVIDED, That the
university shall pay the fee for such bond.
The treasurer shall make disbursements of the funds in
his hands on the order of the board, which order shall be
countersigned by the secretary of the board, and shall state on
what account the disbursement is made. [1969 ex.s. c 223 §
28B.30.130. Prior: (i) 1955 c 346 § 1, part; 1909 c 97 p 246
§ 6, part; RRS § 4577, part. Formerly RCW 28.80.110, part.
(ii) 1909 c 97 p 246 § 7, part; RRS § 4578, part; prior: 1897
c 118 § 196, part; 1891 c 145 § 7, part. Formerly RCW
28.80.120, part. (iii) 1909 c 97 p 249 § 16, part; RRS § 4596,
part; prior: 1897 c 118 § 205, part; 1891 c 145 § 19, part. Formerly RCW 28.80.160, part.]
28B.30.130
28B.30.135 Regents—University president as secretary of board—Duties—Bond. The president of the university shall be secretary of the board of regents but he shall not
have the right to vote; as such he shall be the recording officer
of said board, shall attest all instruments required to be signed
by the board president, shall keep a true record of all the proceedings of the board, and shall perform all the duties pertaining to the office and do all other things required of him by
the board. The secretary shall give a bond in the penal sum of
not less than five thousand dollars conditioned for the faithful
performance of his duties as such officer: PROVIDED, That
the university shall pay the fee for such bond. [1969 ex.s. c
223 § 28B.30.135. Prior: (i) 1955 c 346 § 1, part; 1909 c 97
p 246 § 6, part; RRS § 4577, part. Formerly RCW 28.80.110,
part. (ii) 1909 c 97 p 247 § 7, part; RRS § 4578, part; prior:
1897 c 118 § 196, part; 1891 c 145 § 7, part. Formerly RCW
28.80.120, part.]
28B.30.135
28B.30.140 Regents—Employees, board members, to
have no interest in contracts. No employee or member of
the university board of regents shall be interested pecuniarily,
either directly or indirectly, in any contract for any building
or improvement at said university, or for the furnishing of
supplies for the same. [1969 ex.s. c 223 § 28B.30.140. Prior:
1909 c 97 p 249 § 17; RRS § 4597; prior: 1897 c 118 § 206;
1891 c 145 § 21. Formerly RCW 28.80.170.]
28B.30.140
Code of ethics, interest in contract, public officers and employees: Chapters
42.23, 42.52 RCW.
28B.30.150 Regents—General powers and duties.
The regents of Washington State University, in addition to
other duties prescribed by law, shall:
(1) Have full control of the university and its property of
various kinds, except as otherwise provided by law.
28B.30.150
[Title 28B RCW—page 110]
(2) Employ the president of the university, his or her
assistants, members of the faculty, and employees of the university, who, except as otherwise provided by law, shall hold
their positions during the pleasure of said board of regents.
(3) Establish entrance requirements for students seeking
admission to the university which meet or exceed the standards specified under RCW 28B.76.290(2). Completion of
examinations satisfactory to the university may be a prerequisite for entrance by any applicant, at the university’s discretion. Evidence of completion of public high schools and
other educational institutions whose courses of study meet
the approval of the university may be acceptable for entrance.
(4) Establish such colleges, schools, or departments necessary to carry out the purpose of the university and not otherwise proscribed by law.
(5) Subject to the approval of the higher education coordinating board pursuant to RCW 28B.76.230, offer new
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.
(6) With the assistance of the faculty of the university,
prescribe the courses of instruction in the various colleges,
schools, and departments of the institution and publish the
necessary catalogues thereof.
(7) Collect such information as the board deems desirable as to the schemes of technical instruction adopted in
other parts of the United States and foreign countries.
(8) Provide for holding agricultural institutes including
farm marketing forums.
(9) Provide that instruction given in the university, as far
as practicable, be conveyed by means of laboratory work and
provide in connection with the university one or more physical, chemical, and biological laboratories, and suitably furnish and equip the same.
(10) Provide training in military tactics for those students
electing to participate therein.
(11) Establish a department of elementary science and in
connection therewith provide instruction in elementary mathematics, including elementary trigonometry, elementary
mechanics, elementary and mechanical drawing, and land
surveying.
(12) Establish a department of agriculture and in connection therewith provide instruction in physics with special
application of its principles to agriculture, chemistry with
special application of its principles to agriculture, morphology and physiology of plants with special reference to common grown crops and fungus enemies, morphology and physiology of the lower forms of animal life, with special reference to insect pests, morphology and physiology of the
higher forms of animal life and in particular of the horse,
cow, sheep, and swine, agriculture with special reference to
the breeding and feeding of livestock and the best mode of
cultivation of farm produce, and mining and metallurgy,
appointing demonstrators in each of these subjects to superintend the equipment of a laboratory and to give practical
instruction therein.
(13) Establish agricultural experiment stations in connection with the department of agriculture, including at least
one in the western portion of the state, and appoint the officers and prescribe regulations for their management.
(2010 Ed.)
Washington State University
(14) Grant to students such certificates or degrees, as recommended for such students by the faculty.
(15) Confer honorary degrees upon persons other than
graduates of the university in recognition of their learning or
devotion to literature, art, or science when recommended
thereto by the faculty: PROVIDED, That no degree shall
ever be conferred in consideration of the payment of money
or the giving of property of whatsoever kind.
(16) Adopt plans and specifications for university buildings and facilities or improvements thereto and employ
skilled architects and engineers to prepare such plans and
specifications and supervise the construction of buildings or
facilities which the board is authorized to erect, and fix the
compensation for such services. The board shall enter into
contracts with one or more contractors for such suitable
buildings, facilities, or improvements as the available funds
will warrant, upon the most advantageous terms offered at a
public competitive letting, pursuant to public notice under
rules established by the board. The board shall require of all
persons with whom they contract for construction and
improvements a good and sufficient bond for the faithful performance of the work and full protection against all liens.
(17) Except as otherwise provided by law, direct the disposition of all money appropriated to or belonging to the state
university.
(18) Receive and expend the money appropriated under
the act of congress approved May 8, 1914, entitled "An Act to
provide for cooperative agricultural extension work between
the agricultural colleges in the several States receiving the
benefits of the Act of Congress approved July 2, 1862, and
Acts supplemental thereto and the United States Department
of Agriculture" and organize and conduct agricultural extension work in connection with the state university in accordance with the terms and conditions expressed in the acts of
congress.
(19) Except as otherwise provided by law, to enter into
such contracts as the regents deem essential to university purposes.
(20) Acquire by lease, gift, or otherwise, lands necessary
to further the work of the university or for experimental or
demonstrational purposes.
(21) Establish and maintain at least one agricultural
experiment station in an irrigation district to conduct investigational work upon the principles and practices of irrigational
agriculture including the utilization of water and its relation
to soil types, crops, climatic conditions, ditch and drain construction, fertility investigations, plant disease, insect pests,
marketing, farm management, utilization of fruit by-products, and general development of agriculture under irrigation
conditions.
(22) Supervise and control the agricultural experiment
station at Puyallup.
(23) Establish and maintain at Wenatchee an agricultural
experiment substation for the purpose of conducting investigational work upon the principles and practices of orchard
culture, spraying, fertilization, pollenization, new fruit varieties, fruit diseases and pests, by-products, marketing, management, and general horticultural problems.
(24) Accept such gifts, grants, conveyances, devises, and
bequests, whether real or personal property, in trust or otherwise, for the use or benefit of the university, its colleges,
(2010 Ed.)
28B.30.200
schools, or departments; and sell, lease or exchange, invest or
expend the same or the proceeds, rents, profits, and income
thereof except as limited by the terms of said gifts, grants,
conveyances, bequests, and devises; and adopt proper rules to
govern and protect the receipt and expenditure of the proceeds of all fees, and the proceeds, rents, profits, and income
of all gifts, grants, conveyances, bequests, and devises.
(25) Construct when the board so determines a new
foundry and a mining, physical, technological building, and
fabrication shop at the university, or add to the present
foundry and other buildings, in order that both instruction and
research be expanded to include permanent molding and die
casting with a section for new fabricating techniques, especially for light metals, including magnesium and aluminum;
purchase equipment for the shops and laboratories in
mechanical, electrical, and civil engineering; establish a pilot
plant for the extraction of alumina from native clays and
other possible light metal research; purchase equipment for a
research laboratory for technological research generally; and
purchase equipment for research in electronics, instrumentation, energy sources, plastics, food technology, mechanics of
materials, hydraulics, and similar fields.
(26) Make and transmit to the governor and members of
the legislature upon request such reports as will be helpful in
providing for the institution.
(27) Confer honorary degrees upon persons who request
an honorary degree if they were students at the university in
1942 and did not graduate because they were ordered into an
internment camp. The honorary degree may also be
requested by a representative of deceased persons who meet
these requirements. For the purposes of this subsection,
"internment camp" means a relocation center to which persons were ordered evacuated by Presidential Executive Order
9066, signed February 19, 1942. [2010 c 51 § 2; 2004 c 275
§ 53; 1998 c 245 § 19; 1985 c 370 § 93; 1977 c 75 § 21; 1973
1st ex.s. c 154 § 47; 1969 ex.s. c 223 § 28B.30.150. Prior: (a)
1953 c 101 § 1, amending (i) 1909 c 97 p 244 § 4; 1897 c 118
§ 193; 1890 p 263 § 8; RRS § 4575. (ii) 1949 c 115 § 1, part;
1909 c 97 p 245 § 5, part; 1897 c 118 § 194; 1891 c 145 § 4;
Rem. Supp. 1949 § 4576, part. (iii) 1909 c 97 p 249 § 19;
1897 c 118 § 208; 1895 c 146 § 1; RRS § 4599. (iv) 1909 c
97 p 247 § 8; 1897 c 118 § 197; 1891 c 145 § 8; RRS § 4579.
(v) 1909 c 97 p 247 § 9; 1897 c 118 § 198; 1891 c 145 § 9;
RRS § 4580. (vi) 1915 c 125 § 1; RRS § 4583. (vii) 1909 c
97 p 250 § 20; 1897 c 118 § 209; 1891 c 145 § 17; RRS §
4600. (viii) 1909 c 97 p 250 § 21; 1897 c 118 § 210; 1891 c
145 § 18; RRS § 4601. (ix) 1909 c 228 § 1; RRS § 4588. (x)
1917 c 101 § 1; RRS § 4589. (xi) 1917 c 101 § 2; RRS §
4590. (xii) 1909 c 97 p 249 § 15; 1897 c 118 § 204; 1891 c
145 § 16; RRS § 4595. (xiii) 1909 c 97 p 244 § 3, part; 1897
c 118 § 192; 1891 c 145 § 3; RRS § 4574, part. (xiv) 1899 c
107 § 1; RRS § 4603. (xv) 1899 c 82 § 1; RRS § 4587. (xvi)
1937 c 25 § 1; RRS § 4579-1. (xvii) 1937 c 25 § 2; RRS §
4579-2. Formerly RCW 28.80.130. (b) 1961 c 25 § 1. Formerly RCW 28.80.135.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.30.200 Morrill act funds allotted to university.
All funds granted by the United States government under the
28B.30.200
[Title 28B RCW—page 111]
28B.30.210
Title 28B RCW: Higher Education
Morrill act, passed by congress and approved July 2, 1892
[1862], together with all acts amendatory thereof and supplementary thereto, for the support and in aid of colleges of agriculture and mechanic arts, as well as experiment stations and
farms and extension work in agriculture and home economics
in connection with colleges of agriculture and mechanic arts
are hereby allotted to Washington State University. [1969
ex.s. c 223 § 28B.30.200. Prior: 1917 c 11 § 2; RRS § 4584.
Formerly RCW 28.80.180.]
28B.30.210 Acceptance of federal aid—1907 c 198—
Assent. The state of Washington hereby assents to the purposes, terms, provisions and conditions of the grant of money
provided in an act of congress approved March 16, 1906, said
act being entitled "An Act to provide for an increased annual
appropriation for agricultural experiment stations and regulating the expenditure thereof," and having for its purpose the
more complete endowment and maintenance of agricultural
experiment stations theretofore or thereafter established
under an act of congress approved March 2, 1887. [1969
ex.s. c 223 § 28B.30.210. Prior: 1907 c 198 § 1; RRS § 4585.
Formerly RCW 28.80.190.]
28B.30.210
28B.30.215 Acceptance of certain federal aid. Said
annual sum appropriated and granted to the state of Washington in pursuance of said act of congress approved March 16,
1906, shall be paid as therein provided to the treasurer or
other officer duly appointed by the board of regents of Washington State University at Pullman, Washington; and the
board of regents of such university are hereby required to
report thereon as the secretary of agriculture may prescribe.
[1977 c 75 § 22; 1969 ex.s. c 223 § 28B.30.215. Prior: 1907
c 198 § 2; RRS § 4586. Formerly RCW 28.80.200.]
28B.30.215
28B.30.220 Acceptance of federal aid—1925 ex.s. c
182. The assent of the legislature of the state of Washington
to the provisions of the act of congress approved February 24,
1925, entitled "An Act to authorize the more complete
endowment of agricultural experiment stations and for other
purposes," is hereby given. [1969 ex.s. c 223 § 28B.30.220.
Prior: 1925 ex.s. c 182 § 1. Formerly RCW 28.80.205;
28.80.190, part.]
28B.30.220
28B.30.250 University designated as recipient of all
federal aid to agricultural experiment stations. The agricultural experiment stations in connection with Washington
State University shall be under the direction of said board of
regents of said university for the purpose of conducting
experiments in agriculture according to the terms of section
one of an act of congress approved March 2, 1887, and entitled "An Act to establish agricultural experiment stations in
connection with the colleges established in the several states,
under the provisions of an act approved July 2, 1862, and of
the acts supplementary thereto." The said university and
experiment stations shall be entitled to receive all the benefits
and donations made and given to similar institutions of learning in other states and territories of the United States by the
legislation of the congress of the United States now in force,
or that may be enacted, and particularly to the benefits and
donations given by the provisions of an act of congress enti28B.30.250
[Title 28B RCW—page 112]
tled "An Act donating public lands to the several states and
territories which may provide colleges for the benefit of agricultural and mechanic arts," approved July 2, 1862, and all
acts supplementary thereto, including the acts entitled "An
Act to establish agricultural experiment stations in connection with colleges established in the several states under the
provisions of an act approved July 2, 1862, and of the acts
supplementary thereto," which said last entitled act was
approved March 2, 1887; also, "An Act to apply a portion of
the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture
and the mechanic arts, established under the provisions of an
act of congress approved July 2, 1862," which said last mentioned act was approved August 30, 1890. [1969 ex.s. c 223
§ 28B.30.250. Prior: 1909 c 97 p 247 § 10; RRS § 4581;
prior: 1897 c 118 § 199; 1891 c 145 § 10. Formerly RCW
28.80.210.]
28B.30.255
28B.30.255 University designated as recipient of all
federal aid to agricultural experiment stations—Assent to
congressional grants to university. The assent of the legislature of the state of Washington is hereby given, in pursuance of the requirements of section nine of said act of congress, approved March 2, 1887, to the granting of money
therein made to the establishment of experiment stations in
accordance with section one of said last mentioned act, and
assent is hereby given to carry out, within the state of Washington, every provision of said act. [1969 ex.s. c 223 §
28B.30.255. Prior: 1909 c 97 p 248 § 11; RRS § 4582; prior:
1897 c 118 § 200; 1891 c 145 § 11. Formerly RCW
28.80.220.]
28B.30.270
28B.30.270 State treasurer receiving agent of certain
federal aid—Acts enumerated. The state treasurer is designated as agent of the state of Washington to receive all federal appropriations for the land grant colleges in accordance
with the following federal acts:
(1) Second Morrill act, approved August 30, 1890 (26
Stat. L. 417).
(2) Nelson amendment to the Morrill act making appropriations for the department of agriculture for the fiscal year
ending June 30, 1908, approved March 4, 1907 (34 Stat. L.
1281).
(3) Title II, section 22 of the Bankhead-Jones act,
approved June 29, 1935 (49 Stat. L. 436).
(4) Any subsequent federal act appropriating funds to the
state of Washington or to Washington State University for a
similar or related purpose. [1969 ex.s. c 223 § 28B.30.270.
Prior: 1955 c 66 § 1. Formerly RCW 28.80.221.]
28B.30.280
28B.30.280 State treasurer receiving agent of certain
federal aid—Withdrawals. The board of regents of Washington State University may authorize the treasurer or comptroller of Washington State University to withdraw such federal grants for the use of the university for the purposes of
such grant and in accordance with state law. [1969 ex.s. c
223 § 28B.30.280. Prior: 1955 c 66 § 3. Formerly RCW
28.80.223.]
(2010 Ed.)
Washington State University
28B.30.285
28B.30.285 State treasurer receiving agent of certain
federal aid—Trust funds not subject to appropriation.
All federal grants received by the state treasurer pursuant to
RCW 28B.30.270 shall be deemed trust funds under the control of the state treasurer and not subject to appropriation by
the legislature. [1969 ex.s. c 223 § 28B.30.285. Prior: 1955
c 66 § 4. Formerly RCW 28.80.224.]
28B.30.300
28B.30.300 State treasurer to report annually on university assets held in trust. It shall be the duty of the state
treasurer to make a report to the board of regents of Washington State University on or as soon as practicable after the
close of each fiscal year, which shall contain a complete
detailed statement as to the status of any university assets
held in trust by the treasurer and the annual income therefrom. [1977 c 75 § 23; 1969 ex.s. c 223 § 28B.30.300. Prior:
1899 c 9 § 2; RRS § 7850. Formerly RCW 28.80.230.]
College funds: RCW 43.79.100 through 43.79.140.
28B.30.310
28B.30.310 Department of natural resources to
report annually on university trust lands transactions. It
shall be the duty of the department of natural resources to
make a report to the board of regents of Washington State
University on or as soon as practicable after the close of each
fiscal year, which shall contain a complete detailed statement
of the current status of trust land sale contracts and income
for the university from trust lands managed by the department. [1988 c 128 § 6; 1977 c 75 § 24; 1969 ex.s. c 223 §
28B.30.310. Prior: 1899 c 9 § 1; RRS § 7849. Formerly
RCW 28.80.240.]
28B.30.325
28B.30.325 Lease of lands with outdoor recreation
potential—Restrictions—Unlawful to use posted lands.
(1) Any lease of public lands with outdoor recreation potential authorized by the regents of Washington State University
shall be open and available to the public for compatible recreational use unless the regents of Washington State University determine that the leased land should be closed in order
to prevent damage to crops or other land cover, to improvements on the land, to the lessee, or to the general public or is
necessary to avoid undue interference with carrying forward
a university program. Any lessee may file an application with
the regents of Washington State University to close the
leased land to any public use. The regents shall cause written
notice of the impending closure to be posted in a conspicuous
place in the university’s business office, and in the office of
the county auditor in which the land is located thirty days
prior to the public hearing. This notice shall state the parcel or
parcels involved and shall indicate the time and place of the
public hearing. Upon a determination by the regents that
posting is not necessary, the lessee shall desist from posting.
Upon a determination by the regents that posting is necessary, the lessee shall post his leased premises so as to prohibit
recreational uses thereon. In the event any such lands are so
posted, it shall be unlawful for any person to hunt or fish, or
for any person other than the lessee or his immediate family
to use such posted land for recreational purposes.
(2) The regents of Washington State University may
insert the provisions of subsection (1) of this section in all
(2010 Ed.)
28B.30.530
leases hereafter issued. [1969 ex.s. c 46 § 4. Formerly RCW
28.80.246.]
28B.30.350 Medical, health and hospital service—
Authorized. The board of regents of Washington State University is hereby granted authority to enter into such contracts, leases, or agreements as may be necessary to provide
adequate medical, health, and hospital service for students of
Washington State University and the people of the surrounding community and to provide adequate practice facilities for
students enrolled in nursing courses. [1969 ex.s. c 223 §
28B.30.350. Prior: 1947 c 95 § 1; Rem. Supp. 1947 § 460320. Formerly RCW 28.80.250.]
28B.30.350
28B.30.355 Medical, health and hospital service—
Leases, contracts and agreements. The board of regents
may lease lands, buildings, or other facilities from or to nonprofit corporations or associations, and may enter into such
contracts and agreements with such units, agencies, corporations, or associations as will promote the intents and purposes
of RCW 28B.30.350. [1969 ex.s. c 223 § 28B.30.355. Prior:
1947 c 95 § 2; Rem. Supp. 1947 § 4603-21. Formerly RCW
28.80.260.]
28B.30.355
28B.30.499 High-technology education and training.
See chapter 28B.65 RCW.
28B.30.499
28B.30.500 Masters and doctorate level degrees in
technology authorized—Review by higher education
coordinating board. The board of regents of Washington
State University may offer masters level and doctorate level
degrees in technology subject to review and approval by the
higher education coordinating board. [1985 c 370 § 83; 1983
1st ex.s. c 72 § 12.]
28B.30.500
Additional notes found at www.leg.wa.gov
28B.30.520 Statewide off-campus telecommunications system—Authorized—Purpose, education in hightechnology fields—Availability of facilities. The board of
regents of Washington State University is hereby authorized
to establish a statewide off-campus telecommunications system to provide for graduate and continuing education in hightechnology fields to citizens of the state of Washington. The
statewide telecommunications system shall be administered
by Washington State University with the advice of the hightechnology coordinating board. Washington State University
shall make the facilities of the statewide telecommunications
system available to other institutions of higher education
when specific program needs so require. [1983 1st ex.s. c 72
§ 14.]
28B.30.520
Additional notes found at www.leg.wa.gov
28B.30.530 Small business development center—
Services—Use of funds. (1) The board of regents of Washington State University shall establish the Washington State
University small business development center.
(2) The center shall provide management and technical
assistance including but not limited to training, counseling,
and research services to small businesses throughout the
state. The center shall work with the department of com28B.30.530
[Title 28B RCW—page 113]
28B.30.531
Title 28B RCW: Higher Education
merce, the state board for community and technical colleges,
the higher education coordinating board, the workforce training and education coordinating board, the employment security department, the Washington state economic development
commission, associate development organizations, and workforce development councils to:
(a) Integrate small business development centers with
other state and local economic development and workforce
development programs;
(b) Target the centers’ services to small businesses;
(c) Tailor outreach and services at each center to the
needs and demographics of entrepreneurs and small businesses located within the service area;
(d) Establish and expand small business development
center satellite offices when financially feasible; and
(e) Coordinate delivery of services to avoid duplication.
(3) The administrator of the center may contract with
other public or private entities for the provision of specialized
services.
(4) The small business development center may accept
and disburse federal grants or federal matching funds or other
funds or donations from any source when made, granted, or
donated to carry out the center’s purposes. When drawing on
funds from the business assistance account created in RCW
28B.30.531, the center must first use the funds to make
increased management and technical assistance available to
existing small businesses and start-up businesses at satellite
offices. The funds may also be used to develop and expand
assistance programs such as small business planning workshops and small business counseling.
(5) By December 1, 2010, the center shall provide a written progress report and a final report to the appropriate committees of the legislature with respect to the requirements in
subsection (2) of this section and the amount and use of funding received through the business assistance account. The
reports must also include data on the number, location, staffing, and budget levels of satellite offices; affiliations with
community colleges, associate development organizations or
other local organizations; the number, size, and type of small
businesses assisted; and the types of services provided. The
reports must also include information on the outcomes
achieved, such as jobs created or retained, private capital
invested, and return on the investment of state and federal
dollars.
(6)(a) Subject to the availability of amounts appropriated
for this specific purpose, by December 1, 2010, the center, in
conjunction with the department of commerce, must prepare
and present to the governor and appropriate legislative committees a specific, actionable plan to increase access to capital and technical assistance to small businesses and entrepreneurs beginning with the 2011-2013 biennium. In developing the plan, the center and the department may consult with
the Washington state microenterprise association, and with
other government, nonprofit, and private organizations as
necessary. The plan must identify:
(i) Existing sources of capital and technical assistance
for small businesses and entrepreneurs;
(ii) Critical gaps and barriers to availability of capital
and delivery of technical assistance to small businesses and
entrepreneurs;
[Title 28B RCW—page 114]
(iii) Workable solutions to filling the gaps and removing
barriers identified in (a)(ii) of this subsection; and
(iv) The financial resources and statutory changes necessary to put the plan into effect beginning with the 2011-2013
biennium.
(b) With respect to increasing access to capital, the plan
must identify specific, feasible sources of capital and practical mechanisms for expanding access to it.
(c) The center and the department must include, within
the analysis and recommendations in (a) of this subsection,
any specific gaps, barriers, and solutions related to rural and
low-income communities and small manufacturers interested
in exporting. [2010 c 165 § 3; 2009 c 486 § 1; 1984 c 77 § 1.]
Findings—Intent—2010 c 165: See note following RCW 43.330.060.
Conflict with federal requirements—2009 c 486: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned.
Rules adopted under this act must meet federal requirements, including
guidelines set by the United States small business administration, that are a
necessary condition to the receipt of federal funds by the state." [2009 c 486
§ 4.]
Intent—2009 c 486: See note following RCW 39.29.006.
28B.30.531 Business assistance account. The business
assistance account is created in the custody of the state treasurer. Expenditures from the account may be used only for
the expansion of business assistance services delivered by the
small business development center created in RCW
28B.30.530. Only the administrator of the center or the
administrator’s designee may authorize expenditures from
the account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2009 c 486 § 2.]
28B.30.531
Intent—2009 c 486: See note following RCW 39.29.006.
Conflict with federal requirements—2009 c 486: See note following
RCW 28B.30.530.
28B.30.533 Construction of RCW 28B.30.530—Conflict with federal requirements. If any part of RCW
28B.30.530 is found to be in conflict with federal requirements which are a prescribed condition to the allocation of
federal funds to the state, the conflicting part of RCW
28B.30.530 is hereby declared to be inoperative solely to the
extent of the conflict and with respect to the agencies directly
affected, and such finding or determination shall not affect
the operation of the remainder of RCW 28B.30.530 in its
application to the agencies concerned. [1984 c 77 § 2.]
28B.30.533
28B.30.535 International marketing program for
agricultural commodities and trade (IMPACT) center
created—Primary functions. There is created an international marketing program for agricultural commodities and
trade (IMPACT) center at Washington State University.
In carrying out each of its responsibilities under RCW
28B.30.537, the primary functions of the center shall be:
Providing practical solutions to marketing-related problems;
and developing and disseminating information which is
directly applicable to the marketing of agricultural commodities and goods from this state in foreign countries or to intro28B.30.535
(2010 Ed.)
Washington State University
ducing the production of commodities and goods in this state
for marketing in foreign countries. [1985 c 39 § 1; 1984 c 57
§ 1.]
Additional notes found at www.leg.wa.gov
28B.30.537 IMPACT center—Duties. The IMPACT
center shall:
(1) Coordinate the teaching, research, and extension
expertise of the college of agriculture and home economics at
Washington State University to assist in:
(a) The design and development of information and strategies to expand the long-term international markets for
Washington agricultural products; and
(b) The dissemination of such information and strategies
to Washington exporters, overseas users, and public and private trade organizations;
(2) Research and identify current impediments to
increased exports of Washington agricultural products, and
determine methods of surmounting those impediments and
opportunities for exporting new agricultural products and
commodities to foreign markets;
(3) Prepare curricula to present and distribute information concerning international trade in agricultural commodities and products to students, exporters, international traders,
and the public;
(4) Provide high-quality research and graduate education
and professional nondegree training in international trade in
agricultural commodities in cooperation with other existing
programs;
(5) Ensure that activities of the center adequately reflect
the objectives for the state’s agricultural market development
programs established by the department of agriculture as the
lead state agency for such programs under chapter 43.23
RCW; and
(6) Link itself through cooperative agreements with the
center for international trade in forest products at the University of Washington, the state department of agriculture, the
*department of community, trade, and economic development, Washington’s agriculture businesses and associations,
and other state agency data collection, processing, and dissemination efforts. [1998 c 245 § 20; 1995 c 399 § 28. Prior:
1987 c 505 § 14; 1987 c 195 § 3; 1985 c 39 § 2; 1984 c 57 §
2.]
28B.30.537
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
28B.30.539 IMPACT center—Director. The
IMPACT center shall be administered by a director appointed
by the dean of the college of agriculture and home economics
of Washington State University. [1985 c 39 § 3; 1984 c 57 §
3.]
28B.30.539
Additional notes found at www.leg.wa.gov
28B.30.541 IMPACT center—Use of research and
services—Fees. The governor, the legislature, state agencies, and the public may use the IMPACT center’s trade policy research and advisory services as may be needed. The
IMPACT center shall establish a schedule of fees for actual
services rendered. [1985 c 39 § 4; 1984 c 57 § 6.]
28B.30.541
(2010 Ed.)
28B.30.604
Additional notes found at www.leg.wa.gov
28B.30.543 IMPACT center—Contributions and
support. The IMPACT center shall aggressively solicit
financial contributions and support from nonstate sources,
including the agricultural industries and producer organizations and individuals, to help fund its research and education
programs, and shall use previously appropriated funds of
Washington State University and existing resources as much
as is possible to further the center’s activities. [1985 c 39 § 5;
1984 c 57 § 7.]
28B.30.543
Additional notes found at www.leg.wa.gov
28B.30.600 Tree fruit research center facility, financing—Bonds, authorization conditional—Amount—Discharge. For the purpose of funding and providing the planning, construction, furnishing and equipping, together with
all improvements thereon, of an office-laboratory facility at
Washington State University Tree Fruit Research Center, the
state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one million nine hundred fifty thousand dollars, or so much thereof
as may be required, to finance the project defined in RCW
28B.30.600 through 28B.30.619 as now or hereafter
amended and all costs incidental thereto, but only if the state
finance committee determines that the interest on the bonds
will be exempt from federal income tax. Such bonds shall be
paid and discharged within thirty years of the date of issuance
in accordance with Article VIII, section 1 of the state Constitution. [1977 c 32 § 1; 1975 1st ex.s. c 109 § 1; 1974 ex.s. c
109 § 1.]
28B.30.600
Additional notes found at www.leg.wa.gov
28B.30.602 Tree fruit research center facility, financing—Bonds, committee to control issuance, sale and
retirement of. The issuance, sale and retirement of said
bonds shall be under the supervision and control of the state
finance committee. The committee is authorized to prescribe
the form, terms, conditions, and covenants of the bonds, the
time or times of sale of all or any portion of them, and the
conditions and manner of their sale, issuance and redemption.
None of the bonds herein authorized shall be sold for less
than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of such bonds and notes, if any. Such bonds shall be
payable at such places as the committee may provide. [1974
ex.s. c 109 § 2.]
28B.30.602
Additional notes found at www.leg.wa.gov
28B.30.604 Tree fruit research center facility, financing—Anticipation notes authorized—Use of proceeds. At
the time the state finance committee determines to issue such
bonds or a portion thereof, it may, pending the issuance of
such bonds, issue, in the name of the state, temporary notes in
anticipation of the money to be derived from the sale of the
bonds, which notes shall be designated as "anticipation
notes". The proceeds from the sale of bonds and notes autho28B.30.604
[Title 28B RCW—page 115]
28B.30.606
Title 28B RCW: Higher Education
rized by RCW 28B.30.600 through 28B.30.619 shall be used
exclusively for the purposes specified in RCW 28B.30.600
through 28B.30.619 and for the payment of expenses
incurred in the issuance and sale of bonds: PROVIDED,
That such portion of the proceeds of the sale of such bonds as
may be required for the payment of the principal and interest
on such anticipation notes as have been issued, shall be
deposited in the bond redemption fund created in RCW
28B.30.610. [1980 c 32 § 5; 1975 1st ex.s. c 109 § 2; 1974
ex.s. c 109 § 3.]
Additional notes found at www.leg.wa.gov
28B.30.606 Tree fruit research center facility, financing—Administration of proceeds from sale of bonds or
notes—Investment of surplus funds. The principal proceeds from the sale of the bonds or notes deposited in the
office-laboratory construction account of the general fund
shall be administered by Washington State University.
Whenever there is a surplus of funds available in the officelaboratory construction account of the general fund to meet
current expenditures payable therefrom, the state finance
committee may invest such portion of said funds as the university deems appropriate in securities issued by the United
States or agencies of the United States government as defined
by RCW 43.84.080 (1) and (4). All income received from
such investments shall be deposited to the credit of the bond
retirement fund created in RCW 28B.30.610. [1975 1st ex.s.
c 109 § 3; 1974 ex.s. c 109 § 4.]
28B.30.606
Additional notes found at www.leg.wa.gov
28B.30.608 Tree fruit research center facility, financing—Security for bonds issued. Bonds issued under the
provisions of RCW 28B.30.600 through 28B.30.619 as now
or hereafter amended shall state that they are a general obligation of the state of Washington, shall pledge the full faith
and credit of the state to the payment of the principal thereof
and the interest thereon, and shall contain an unconditional
promise to pay such principal and interest as the same shall
become due. [1977 c 32 § 2; 1974 ex.s. c 109 § 5.]
28B.30.608
Additional notes found at www.leg.wa.gov
28B.30.610 Tree fruit research center facility, financing—Office-laboratory facilities bond redemption fund
created, use. The office-laboratory facilities bond redemption fund is hereby created in the state treasury, which fund
shall be exclusively devoted to the payment of the principal
of and interest on the bonds and notes authorized by RCW
28B.30.600 through 28B.30.619. The state finance committee, shall, on or before June 30th of each year, certify to the
state treasurer the amount needed in the ensuing twelve
months to meet such bond retirement and interest requirements which may exceed cash available in the bond redemption fund from rental revenues, and on July 1st of each year
the state treasurer shall deposit such amount in the office-laboratory facilities bond redemption fund from any general
state revenues received in the state treasury and certified by
the state treasurer to be general state revenues. [1975 1st
ex.s. c 109 § 4; 1974 ex.s. c 109 § 6.]
28B.30.610
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 116]
28B.30.612 Tree fruit research center facility, financing—Rights of owner and holder of bonds. The owner and
holder of any of the bonds authorized by RCW 28B.30.600
through 28B.30.619 may by a mandamus or other appropriate
proceeding require the transfer and payment of funds as
directed herein. [1974 ex.s. c 109 § 7.]
28B.30.612
Additional notes found at www.leg.wa.gov
28B.30.614 Tree fruit research center facility, financing—Lease agreement prerequisite to sale of bonds—Disposition of lease payments. None of the bonds authorized in
RCW 28B.30.600 through 28B.30.619 as now or hereafter
amended shall be sold unless a long-term lease agreement
shall be entered into between Washington State University
and the general services administration of the federal government providing for the occupancy of this facility by the
United States Department of Agriculture and the National
Weather Service for tree fruit research similar to the research
performed at the Washington State University Tree Fruit
Center. The lease payments by the federal government shall
be in an amount at least equal to the amount required to provide for the amortization of the principal of and interest on
the bonds authorized by RCW 28B.30.600 through
28B.30.619 as now or hereafter amended as certified by the
state finance committee, in addition to custodial, maintenance and utility services costs. A portion of the annual lease
payments received by the university equal to the amount
required for payment of the principal and interest on the
bonds shall be forthwith remitted by the university and
deposited in the state treasury to the credit of the state general
fund. [1977 c 32 § 3; 1975 1st ex.s. c 109 § 5; 1974 ex.s. c
109 § 8.]
28B.30.614
Additional notes found at www.leg.wa.gov
28B.30.616 Tree fruit research center facility, financing—Bonds, legislature may provide additional means for
payment. The legislature may provide additional means for
raising moneys for the payment of the principal of and interest on the bonds authorized in RCW 28B.30.600 through
28B.30.619, and RCW 28B.30.600 through 28B.30.619 shall
not be deemed to provide an exclusive method for such payments. [1974 ex.s. c 109 § 9.]
28B.30.616
Additional notes found at www.leg.wa.gov
28B.30.618 Tree fruit research center facility, financing—Bonds as legal investment for public funds. The
bonds authorized in RCW 28B.30.600 through 28B.30.619
shall be a legal investment for all state funds or funds under
state control and for all funds of any other public body. [1974
ex.s. c 109 § 10.]
28B.30.618
Additional notes found at www.leg.wa.gov
28B.30.619 Tree fruit research center facility, financing—Appropriation. There is hereby appropriated to
Washington State University from the office-laboratory construction account of the general fund, out of the sale of the
bonds or notes authorized by RCW 28B.30.600 through
28B.30.619, the sum of one million nine hundred fifty thousand dollars, or such lesser amount as may be required, to
finance the planning, construction, furnishing and equipping,
28B.30.619
(2010 Ed.)
Washington State University
together with all improvements thereon, of the facility authorized by RCW 28B.30.600 through 28B.30.619. [1975 1st
ex.s. c 109 § 6; 1974 ex.s. c 109 § 11.]
Additional notes found at www.leg.wa.gov
28B.30.620 Tree fruit research center facility, financing—Alternatives authorized. In the event the state finance
committee determines that interest on the bonds authorized in
RCW 28B.30.600 through 28B.30.619 as now or hereafter
amended will not be exempt from federal income tax, Washington State University may issue its revenue bonds as provided in RCW 28B.10.300 through 28B.10.325 to pay the
cost of the facilities authorized by RCW 28B.30.600 as now
or hereafter amended, and the lease rental received from the
federal government shall be retained by the university instead
of being deposited in the state treasury as provided by RCW
28B.30.614 as now or hereafter amended.
In addition to the authority granted to the state treasurer
by *RCW 43.84.100, with the consent of the state finance
committee the state treasurer may make a loan from funds in
the state treasury in the manner generally prescribed by
*RCW 43.84.100 to the local construction fund established
by Washington State University for the office-laboratory
bu ild in g a ut ho r iz e d b y RC W 28 B .3 0 . 60 0 thr o u gh
28B.30.619 as now or hereafter amended, should a determination be made for Washington State University to issue revenue bonds. [1977 c 32 § 4.]
28B.30.620
*Reviser’s note: RCW 43.84.100 was repealed by 1985 c 57 § 90,
effective July 1, 1985.
28B.30.630 Puget Sound water quality field agents
program—Definitions. As used in RCW 28B.30.630
through 28B.30.638 the following definitions apply:
(1) "Sea grant" means the Washington state sea grant
program.
(2) "Cooperative extension" means the cooperative
extension service of Washington State University. [1990 c
289 § 1.]
28B.30.630
28B.30.632 Puget Sound water quality field agents
program—Local field agents. (1) The sea grant and cooperative extension shall jointly administer a program to provide field agents to work with local governments, property
owners, and the general public to increase the propagation of
shellfish, and to address Puget Sound water quality problems
within Kitsap, Mason, and Jefferson counties that may limit
shellfish propagation potential. The sea grant and cooperative extension shall each make available the services of no
less than two agents within these counties for the purposes of
this section.
(2) The responsibilities of the field agents shall include
but not be limited to the following:
(a) Provide technical assistance to property owners,
marine industry owners and operators, and others, regarding
methods and practices to address nonpoint and point sources
of pollution of Puget Sound;
(b) Provide technical assistance to address water quality
problems limiting opportunities for enhancing the recreational harvest of shellfish;
28B.30.632
(2010 Ed.)
28B.30.640
(c) Provide technical assistance in the management and
increased production of shellfish to facility operators or to
those interested in establishing an operation;
(d) Assist local governments to develop and implement
education and public involvement activities related to Puget
Sound water quality;
(e) Assist in coordinating local water quality programs
with region-wide and statewide programs;
(f) Provide information and assistance to local watershed
committees.
(3) The sea grant and cooperative extension shall mutually coordinate their field agent activities to avoid duplicative
efforts and to ensure that the full range of responsibilities
under RCW 28B.30.632 through *28B.30.636 are carried
out. They shall consult with the Puget Sound partnership,
created in RCW 90.71.210, and ensure consistency with any
of the Puget Sound partnership’s water quality management
plans.
(4) Recognizing the special expertise of both agencies,
the sea grant and cooperative extension shall cooperate to
divide their activities as follows:
(a) Sea grant shall have primary responsibility to address
water quality issues related to activities within Puget Sound,
and to provide assistance regarding the management and
improvement of shellfish production; and
(b) Cooperative extension shall have primary responsibility to address upland and freshwater activities affecting
Puget Sound water quality and associated watersheds. [2007
c 341 § 64; 1990 c 289 § 2.]
*Reviser’s note: RCW 28B.30.636 was repealed by 1998 c 245 § 176.
Severability—Effective date—2007 c 341: See RCW 90.71.906 and
90.71.907.
28B.30.634 Puget Sound water quality field agents
program—Matching requirements. Sea grant and cooperative extension shall require a match from nonstate sources of
at least twenty-five percent of the cost of the services provided, and not exceeding fifty percent of the cost. The match
may be either monetary compensation or in-kind services,
such as the provision for office space or clerical support.
Only direct costs of providing the services, excluding costs of
administrative overhead, may be included in the estimate of
costs. [1990 c 289 § 3.]
28B.30.634
28B.30.638 Puget Sound water quality field agents
program—Captions not law. Captions as used in RCW
28B.30.630 through 28B.30.638 constitute no part of the law.
[1990 c 289 § 7.]
28B.30.638
28B.30.640 Climate and rural energy development
center—Definitions. The definitions in this section apply
throughout RCW 28B.30.642 and 28B.30.644 unless the context clearly requires otherwise.
(1) "Center" means the Washington climate and rural
energy development center.
(2) "Clean energy activities" means: (a) Activities
related to renewable resources including electricity generation facilities fueled by water, wind, solar energy, geothermal
energy, landfill gas, or bioenergy; (b) programs and industries promoting research, development, or commercialization
28B.30.640
[Title 28B RCW—page 117]
28B.30.642
Title 28B RCW: Higher Education
of fuel cells and qualified alternative energy resources as
defined in RCW 19.29A.090; (c) energy efficiency measures
or technologies; and (d) technologies designed to significantly reduce the use of or emissions from motor vehicle
fuels.
(3) "Climate change" means a change of climate attributed directly or indirectly to human activity that alters the
composition of the global atmosphere. [2002 c 250 § 2.]
Findings—2002 c 250: "The legislature makes the following findings:
(1) A vast and growing body of research and information about
changes to our global, national, and regional climates is being produced by a
variety of sources.
(2) Much of this research and information holds important value in
helping scientists, citizens, businesses, and public policymakers understand
how Washington may be affected by these changes.
(3) It is in the public interest to support efforts to promote discussion
and understanding of the potential effects of climate change on Washington’s water supply, agriculture, natural resources, coastal infrastructure, public health, and economy, and to encourage the formulation of sound recommendations for avoiding, mitigating, and responding to those effects.
(4) The state should support the establishment of a central clearinghouse to serve as an impartial, unbiased source of credible and reliable information about climate change for the public." [2002 c 250 § 1.]
Effective date—2002 c 250: "This act takes effect July 1, 2002." [2002
c 250 § 6.]
28B.30.642 Climate and rural energy development
center—Authorized. The legislature authorizes the establishment of the Washington climate and rural energy development center in the Washington State University energy
program to serve as a central, nonregulatory clearinghouse of
credible and reliable information addressing various aspects
of climate change and clean energy activities. [2002 c 250 §
3.]
28B.30.642
Findings—Effective date—2002 c 250: See notes following RCW
28B.30.640.
28B.30.644 Climate and rural energy development
center—Funding. The center shall be funded through
grants, and voluntary monetary and in-kind contributions.
[2002 c 250 § 4.]
28B.30.644
Findings—Effective date—2002 c 250: See notes following RCW
28B.30.640.
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.30.700 Construction, remodeling, improvement,
financing through bonds, authorized. The board of regents
of Washington State University is empowered, in accordance
wi t h t h e p r o v i si o n s o f R C W 2 8 B . 3 0 . 7 0 0 th r o u g h
28B.30.780, to provide for the construction, completion,
reconstruction, remodeling, rehabilitation and improvement
of buildings and facilities authorized by the legislature for the
use of the university and to finance the payment thereof by
bonds payable out of a special fund from revenues hereafter
derived from the payment of building fees, gifts, bequests or
grants, and such additional funds as the legislature may provide. [1985 c 390 § 41; 1969 ex.s. c 223 § 28B.30.700. Prior:
1961 ex.s. c 12 § 1. Formerly RCW 28.80.500.]
28B.30.700
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.710 Definitions. The following terms, whenever used or referred to in RCW 28B.30.700 through
28B.30.710
[Title 28B RCW—page 118]
28B.30.780, shall have the following meaning, excepting in
those instances where the context clearly indicates otherwise:
(1) The word "board" means the board of regents of
Washington State University.
(2) The words "building fees" mean the building fees
charged students registering at the university, but shall not
mean special tuition or other fees charged such students or
fees, charges, rentals, and other income derived from any or
all revenue-producing lands, buildings, and facilities of the
university, heretofore or hereafter acquired, constructed or
installed, including but not limited to income from rooms,
dormitories, dining rooms, hospitals, infirmaries, housing or
student activity buildings, vehicular parking facilities, land or
the appurtenances thereon.
(3) The words "bond retirement fund" mean the special
fund created by RCW 28B.30.700 through 28B.30.780, to be
known as the Washington State University bond retirement
fund.
(4) The word "bonds" means the bonds payable out of
the bond retirement fund.
(5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of the university authorized by the legislature at any time and to be financed by the
issuance and sale of bonds. [1985 c 390 § 42; 1969 ex.s. c
223 § 28B.30.710. Prior: 1961 ex.s. c 12 § 2. Formerly RCW
28.80.510.]
Revenue bonds for construction of buildings and acquisition of facilities:
RCW 28B.10.300 through 28B.10.330.
28B.30.720 Contracts, issuance of evidences of
indebtedness, bonds, acceptance of grants. In addition to
the powers conferred under existing law, the board is authorized and shall have the power:
(1) To contract for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of
such buildings or other facilities of the university as are or
may be authorized by the legislature.
(2) To finance the same by the issuance of bonds secured
by the pledge of any or all of the revenues and receipts of the
bond retirement fund.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or any public or private corporation, association, or person to aid in defraying the costs of any
such projects. [1969 ex.s. c 223 § 28B.30.720. Prior: 1963 c
182 § 3; 1961 ex.s. c 12 § 3. Formerly RCW 28.80.520.]
28B.30.720
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.730 Bonds—Issuance, sale, form, term, interest—Covenants—Use of proceeds. For the purpose of
financing the cost of any projects, the board is hereby authorized to adopt the resolution or resolutions and prepare all
other documents necessary for the issuance, sale and delivery
of the bonds or any part thereof at such time or times as it
shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state;
or
28B.30.730
(2010 Ed.)
Washington State University
(b) A general obligation of Washington State University
or of the board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred
dollars; and
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the university by the president of
the board, attested by the secretary or the treasurer of the
board, have the seal of the university impressed thereon or a
facsimile of such seal printed or lithographed in the bottom
border thereof, and the coupons attached thereto shall be
signed with the facsimile signatures of such president and
secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That, except as otherwise provided in subsection
(8)(e) of this section, the bond is payable both principal and
interest solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the
bond retirement fund;
(6) Shall be payable at such times over a period of not to
exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as the
board may prescribe;
(8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with RCW 28B.30.700
through 28B.30.780, and as found to be necessary by the
board for the most advantageous sale thereof, which may
include but not be limited to:
(a) A covenant that the building fees shall be established,
maintained and collected in such amounts that will provide
money sufficient to pay the principal of and interest on all
bonds payable out of the bond retirement account, to set aside
and maintain the reserves required to secure the payment of
such principal and interest, and to maintain any coverage
which may be required over such principal and interest;
(b) A covenant that a reserve account shall be created in
the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made
that certain amounts be set aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred
from the Washington State University building account to the
bond retirement account when ordered by the board of
regents in the event there is ever an insufficient amount of
money in the bond retirement account to pay any installment
of interest or principal and interest coming due on the bonds
or any of them;
(d) A covenant fixing conditions under which bonds on a
parity with any bonds outstanding may be issued;
(2010 Ed.)
28B.30.740
(e) A covenant to obligate, to pay the principal of or
interest on the bonds, all or a component of the fees and revenues of Washington State University that are not subject to
appropriation by the legislature and that do not constitute
general state revenues as defined in Article VIII, section 1 of
the state Constitution or general state revenues for the purpose of calculating statutory limits on state indebtedness pursuant to *RCW 39.42.060.
The proceeds of the sale of all bonds issued in accordance with this chapter shall be used solely for paying the
costs of the projects, including costs of issuance and other
financing costs. The Washington State University building
account shall be credited with the investment income derived
pursuant to RCW 43.84.080 on the investable balances of scientific permanent fund and agricultural permanent fund, less
the allocation to the state treasurer’s service fund pursuant to
RCW 43.08.190. [2009 c 499 § 9; 2002 c 238 § 302; 1991
sp.s. c 13 § 50; 1985 c 390 § 43; 1972 ex.s. c 25 § 2; 1970
ex.s. c 56 § 28; 1969 ex.s. c 232 § 102; 1969 ex.s. c 223 §
28B.30.730. Prior: 1961 ex.s. c 12 § 4. Formerly RCW
28.80.530.]
*Reviser’s note: RCW 39.42.060 was repealed by 2009 c 500 § 13.
Severability—2002 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 238 § 307.]
Effective date—2002 c 238: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 28, 2002]." [2002 c 238 § 308.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
Additional notes found at www.leg.wa.gov
28B.30.740 Washington State University bond retirement fund—Composition—Pledge of building fees. For
the purpose of paying and securing the payment of the principal of and interest on the bonds as the same shall become due,
there is created in the custody of the state treasurer a special
trust fund to be known as the Washington State University
bond retirement fund. An appropriation is not required for
expenditures from the fund. There shall be paid into the fund,
the following:
(1) One-half of such building fees as the board may from
time to time determine, or such larger portion as may be necessary to prevent default in the payments required to be made
out of the bond retirement fund;
(2) Any grants which may be made, or may become
available, for the purpose of furthering the construction of
any authorized projects, or for the repayment of the costs
thereof;
(3) Such additional funds as the legislature may provide.
While any bonds issued in accordance with the provisions of this chapter or any interest thereon remain unpaid,
the bond retirement fund shall be available solely for the payment thereof except as provided in RCW 28B.30.750(5). As
a part of the contract of sale of such bonds, the board shall
undertake to charge and collect building fees and to deposit
the portion of such fees in the bond retirement fund in
amounts which will be sufficient to pay the principal of, and
interest on all such bonds outstanding. [2009 c 499 § 4; 1985
28B.30.740
[Title 28B RCW—page 119]
28B.30.741
Title 28B RCW: Higher Education
c 390 § 44; 1969 ex.s. c 223 § 28B.30.740. Prior: 1961 ex.s.
c 12 § 5. Formerly RCW 28.80.540.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.741 Washington State University bond retirement fund—Disposition of certain revenues from scientific school lands. All moneys received from the lease or
rental of lands set apart by the enabling act for a scientific
school; all interest or income arising from the proceeds of the
sale of such lands or of the timber, fallen timber, stone, gravel
or other valuable material thereon, except for investment
income derived pursuant to RCW 43.84.080 and, less the
allocation to the state investment board expense account pursuant to RCW 43.33A.160; and all moneys received as interest on deferred payments on contracts for the sale of such
lands shall be deposited in the "Washington State University
bond retirement fund" to be expended for the purposes set
forth in RCW 28B.30.740. [1991 sp.s. c 13 § 76; 1969 ex.s.
c 223 § 28B.30.741. Prior: 1965 c 77 § 1. Formerly RCW
28.80.541.]
28B.30.741
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
Additional notes found at www.leg.wa.gov
28B.30.742 Washington State University bond retirement fund—Disposition of certain revenues from agricultural college lands. Whenever federal law shall permit all
moneys received from the lease or rental of lands set apart by
the enabling act for an agricultural college, all interest or
income arising from the proceeds of the sale of such lands or
of the timber, fallen timber, stone, gravel or other valuable
material thereon, except for investment income derived pursuant to RCW 43.84.080 and, less the allocation to the state
investment board expense account pursuant to RCW
43.33A.160; and all moneys received as interest on deferred
payments on contracts for the sale of such lands shall be
deposited in the Washington State University bond retirement fund to be expended for the purposes set forth in RCW
28B.30.740. [1991 sp.s. c 13 § 77; 1969 ex.s. c 223 §
28B.30.742. Prior: 1965 c 77 § 2. Formerly RCW
28.80.542.]
28B.30.742
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
Additional notes found at www.leg.wa.gov
28B.30.750 Additional powers of board—Issuance of
bonds, investments, transfer of funds, etc. The board is
hereby empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the Washington State University building account to the bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund;
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds;
28B.30.750
[Title 28B RCW—page 120]
(5) To authorize the transfer to the Washington State
University building account of any money on deposit in the
bond retirement fund in excess of debt service for a period of
three years from the date of such transfer on all outstanding
bonds payable out of such fund. However, during the 20092011 fiscal biennium, the legislature may transfer to the
Washington State University building account moneys that
are in excess of the debt service due within one year of the
date of transfer on all outstanding bonds payable out of the
bond retirement fund. [2010 1st sp.s. c 36 § 6009; 1969 ex.s.
c 223 § 28B.30.750. Prior: 1961 ex.s. c 12 § 6. Formerly
RCW 28.80.550.]
Effective date—2010 1st sp.s. c 36: See note following RCW
43.155.050.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.760 Refunding bonds. The board is hereby
empowered to issue refunding bonds to provide funds to
refund any or all outstanding bonds payable from the bond
retirement fund and to pay any redemption premium payable
on such outstanding bonds being refunded. Such refunding
bonds may be issued in the manner and on terms and conditions and with the covenants permitted by RCW 28B.30.700
through 28B.30.780 for the issuance of bonds. The refunding
bonds shall be payable out of the bond retirement fund and
shall not constitute an obligation either general or special, of
the state or a general obligation of Washington State University or the board. The board may exchange the refunding
bonds at par for the bonds which are being refunded or may
sell them in such manner, at such price and at such rate or
rates of interest as it deems for the best interest of the university. [1970 ex.s. c 56 § 29; 1969 ex.s. c 232 § 103; 1969 ex.s.
c 223 § 28B.30.760. Prior: 1961 ex.s. c 12 § 7. Formerly
RCW 28.80.560.]
28B.30.760
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
Additional notes found at www.leg.wa.gov
28B.30.770 Bonds not general obligations—Legislature may provide additional means of payment. The
bonds authorized to be issued pursuant to the provisions of
RCW 28B.30.700 through 28B.30.780 shall not be general
obligations of the state of Washington, but shall be limited
obligation bonds payable only from the special fund created
for their payment. The legislature may provide additional
means for raising money for the payment of interest and principal of said bonds. RCW 28B.30.700 through 28B.30.780
shall not be deemed to provide an exclusive method for such
payment. The power given to the legislature by this section to
provide additional means for raising money is permissive,
and shall not in any way be construed as a pledge of the general credit of the state of Washington. [1969 ex.s. c 223 §
28B.30.770. Prior: 1961 ex.s. c 12 § 8. Formerly RCW
28.80.570.]
28B.30.770
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.780 Other laws not repealed or limited. RCW
28B.30.700 through 28B.30.780 is concurrent with other leg28B.30.780
(2010 Ed.)
Washington State University
islation with reference to providing funds for the construction
of buildings at Washington State University, and is not to be
construed as repealing or limiting any existing provision of
law with reference thereto. [1969 ex.s. c 223 § 28B.30.780.
Prior: 1961 ex.s. c 12 § 9. Formerly RCW 28.80.580.]
Chapter not to repeal, override, or limit other statutes or actions: RCW
28B.31.100.
28B.30.800 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College. See RCW 28B.10.300
through 28B.10.330.
28B.30.800
28B.30.810 Dairy/forage and agricultural research
facility—Rainier school farm—Revolving fund—Lease of
herd, lands, authorized. (1) Washington State University
shall establish and operate a dairy/forage and agricultural
research facility at the Rainier school farm.
(2) Local funds generated through operation of this facility shall be managed in a revolving fund, established herewith, by the university. This fund shall consist of all moneys
received in connection with the operation of the facility and
any moneys appropriated to the fund by law. Disbursements
from the revolving fund shall be on authorization of the president of the university or the president’s designee. In order to
maintain an effective expenditure and revenue control, this
fund, to be known as the dairy/forage facility revolving fund,
shall be subject in all respects to chapter 43.88 RCW, but no
appropriation is required to permit expenditures and payment
of obligations from the fund.
(3) In the event state funding is not sufficient to operate
the dairy cattle herd, the university is authorized to lease the
herd, together with the land necessary to maintain the same,
for such period and upon such terms as the university board
of regents shall deem proper. [1988 c 57 § 1; 1981 c 238 § 4.]
28B.30.810
Additional notes found at www.leg.wa.gov
28B.30.900 Transfer of energy education, applied
research, and technology transfer programs from state
energy office. (1) All powers, duties, and functions of the
state energy office under RCW 43.21F.045 relating to implementing energy education, applied research, and technology
transfer programs shall be transferred to Washington State
University.
(2) The specific programs transferred to Washington
State University shall include but not be limited to the following: Renewable energy, energy software, industrial energy
efficiency, education and information, energy ideas clearinghouse, and telecommunications.
(3)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the state
energy office pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of Washington
State University. All cabinets, furniture, office equipment,
software, database, motor vehicles, and other tangible property employed by the state energy office in carrying out the
powers, functions, and duties transferred shall be made available to Washington State University.
(b) Any appropriations made to, any other funds provided to, or any grants made to or contracts with the state
28B.30.900
(2010 Ed.)
28B.30.901
energy office for carrying out the powers, functions, and
duties transferred shall, on July 1, 1996, be transferred and
credited to Washington State University.
(c) Whenever any question arises as to the transfer of any
funds, books, documents, records, papers, files, software,
database, equipment, or other tangible property used or held
in the exercise of the powers and the performance of the
duties and functions transferred, an arbitrator mutually
agreed upon by the parties in dispute shall make a determination as to the proper allocation and certify the same to the
state agencies concerned.
(d) All rules and all pending business before the state
energy office pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by Washington
State University. All existing contracts, grants, and obligations, excluding personnel contracts and obligations, shall
remain in full force and shall be assigned to and performed by
Washington State University.
(e) The transfer of the powers, duties, and functions of
the state energy office does not affect the validity of any act
performed before July 1, 1996.
(f) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of the office of financial management shall certify the apportionments to the agencies affected, the state auditor, and the
state treasurer. Each of these shall make the appropriate
transfer and adjustments in funds and appropriation.
(4) Washington State University shall enter into an interagency agreement with the *department of community, trade,
and economic development regarding the relationship
between policy development and public outreach. The
*department of community, trade, and economic development shall provide Washington State University available
existing and future oil overcharge restitution and federal
energy block funding for a minimum period of five years to
carry out energy programs. Nothing in chapter 186, Laws of
1996 prohibits Washington State University from seeking
grant funding for energy-related programs directly from other
entities.
(5) Washington State University shall select and appoint
existing state energy office employees to positions to perform
the duties and functions transferred. Employees appointed by
Washington State University are exempt from the provisions
of chapter 41.06 RCW unless otherwise designated by the
institution. Any future vacant or new positions will be filled
using Washington State University’s standard hiring procedures. [1996 c 186 § 201.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
28B.30.901 Establishment of administrative units to
coordinate energy education or energy program delivery
programs. In addition to the powers and duties transferred,
Washington State University shall have the authority to
establish administrative units as may be necessary to coordinate either energy education or energy program delivery programs, or both, and to revise, restructure, redirect, or eliminate programs transferred to Washington State University
28B.30.901
[Title 28B RCW—page 121]
28B.30.902
Title 28B RCW: Higher Education
based on available funding or to better serve the people and
businesses of Washington state. [1996 c 186 § 202.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
28B.30.902
28B.30.902 Lind dryland research unit—Income
from leased property. (1) The Washington state treasury
has been named a devisee of certain property pursuant to a
will executed by Cleora Neare on July 14, 1982. Under
*RCW 79.01.612, property that has been devised to the state
is to be managed and controlled by the department of natural
resources. The legislature hereby finds that it is in the best
interest of the state to transfer part of the real property
devised to the state under the will to Washington State University for use in conjunction with the Washington State University Lind dryland research unit located in Adams county
and sell the remaining property for the benefit of the common
schools.
(2) Washington State University is hereby granted ownership, management, and control of the real property legally
described as all of Section 6, and the west half of Section 5,
Township 17, Range 34 East E.W.M., Adams county, Washington, upon close of probate, or sooner if the property can be
transferred without cost, other than costs properly allocated
to the state as devisee under probate, to Washington State
University.
Upon transfer of this property, the parcel shall become
part of the Washington State University Lind dryland
research unit. Any and all lease income derived from current
leases on the property shall be deposited in a dedicated Washington State University local account for the benefit of the
Lind dryland research unit.
(3) The department of natural resources shall sell the real
property legally described as lots 28 and 29, block 10, Neilson Brothers plat, City of Lind, Adams county and the proceeds of the sale shall be deposited into the permanent common school fund. [1997 c 45 § 1.]
*Reviser’s note: RCW 79.01.612 was recodified as RCW 79.10.030
pursuant to 2003 c 334 § 555.
28B.30.903
28B.30.903 Washington State University extension
energy program—Plant operations support program.
The Washington State University extension energy program
shall provide information, technical assistance, and consultation on physical plant operation, maintenance, and construction issues to state and local governments, tribal governments, and nonprofit organizations through its plant operations support program. The Washington State University
extension energy program may not enter into facilities design
or construction contracts on behalf of state or local government agencies, tribal governments, or nonprofit organizations. The plant operations support program created in this
section must be funded by voluntary subscription charges,
service fees, and other funding acquired by or provided to
Washington State University for such purposes. [2010 c 37 §
1.]
[Title 28B RCW—page 122]
Chapter 28B.31
Chapter 28B.31 RCW
1977 WASHINGTON STATE UNIVERSITY
BUILDINGS AND FACILITIES FINANCING ACT
Sections
28B.31.010 Purpose—Bonds authorized—Amount—Payment.
28B.31.020 Bond anticipation notes—Authorized—Bond proceeds to
apply to payment on.
28B.31.030 Form, terms, conditions, sale and covenants of bonds and
notes—Pledge of state’s credit.
28B.31.050 Administration of proceeds from bonds and notes.
28B.31.060 Washington State University bond retirement fund of 1977—
Created—Purpose—Payment of interest and principal on
bonds and notes.
28B.31.070 Transfer of moneys to state general fund from Washington
State University building account.
28B.31.080 Bonds as legal investment for public funds.
28B.31.090 Prerequisite to bond issuance.
28B.31.100 Chapter not to repeal, override, or limit other statutes or
actions—Transfers under RCW 28B.31.070 as subordinate.
28B.31.010 Purpose—Bonds authorized—Amount—
Payment. For the purpose of providing needed capital
improvements consisting of the acquisition, construction,
remodeling, furnishing and equipping of state buildings and
facilities for Washington State University, the state finance
committee is hereby authorized to issue from time to time
general obligation bonds of the state of Washington in the
aggregate principal amount of four million four hundred
thousand dollars, or so much thereof as shall be required to
finance the capital projects relating to Washington State University as determined by the legislature in its capital appropriation act from time to time, to be paid and discharged in
not more than thirty years of the date of issuance. [1977 ex.s.
c 344 § 1.]
28B.31.010
Additional notes found at www.leg.wa.gov
28B.31.020 Bond anticipation notes—Authorized—
Bond proceeds to apply to payment on. When the state
finance committee has determined to issue such general obligation bonds or a portion thereof as authorized in RCW
28B.31.010, it may, pending the issuance thereof, issue in the
name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond
anticipation notes". Such portion of the proceeds of the sale
of such bonds as may be required for the payment of the principal of and redemption premium, if any, and interest on such
notes shall be applied thereto when such bonds are issued.
[1977 ex.s. c 344 § 2.]
28B.31.020
Additional notes found at www.leg.wa.gov
28B.31.030 Form, terms, conditions, sale and covenants of bonds and notes—Pledge of state’s credit. The
state finance committee is authorized to prescribe the form,
terms, conditions, and covenants of the bonds and/or the
bond anticipation notes authorized by this chapter, the time or
times of sale of all or any portion of them, and the conditions
and manner of their sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1977 ex.s. c 344 § 3.]
28B.31.030
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Regional Universities
28B.31.050 Administration of proceeds from bonds
and notes. Subject to legislative appropriation, all proceeds
of the bonds and/or bond anticipation notes authorized in this
chapter shall be administered and expended by the board of
regents of Washington State University exclusively for the
purposes specified in this chapter and for the payment of the
expenses incurred in connection with the sale and issuance of
such bonds and bond anticipation notes. [1977 ex.s. c 344 §
5.]
28B.31.050
Additional notes found at www.leg.wa.gov
28B.31.060 Washington State University bond retirement fund of 1977—Created—Purpose—Payment of
interest and principal on bonds and notes. The Washington State University bond retirement fund of 1977 is hereby
created in the state treasury for the purpose of payment of the
principal of and interest on the bonds authorized by this chapter.
Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the
bonds and/or bond anticipation notes authorized by this chapter remaining in the Washington State University construction account shall be transferred by the board of regents to the
Washington State University bond retirement fund of 1977 to
reduce the transfer or transfers next required by RCW
28B.31.070.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amounts
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such
bonds and the dates on which such payments are due. The
state treasurer, not less than thirty days prior to the date on
which any such interest or principal and interest payment is
due, shall withdraw from any general state revenues received
in the state treasury and deposit in the Washington State University bond retirement fund of 1977 an amount equal to the
amount certified by the state finance committee to be due on
such payment date. [1977 ex.s. c 344 § 6.]
28B.31.060
a legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1977 ex.s. c
344 § 8.]
Additional notes found at www.leg.wa.gov
28B.31.090 Prerequisite to bond issuance. The bonds
authorized by this chapter shall be issued only after an officer
of Washington State University, designated by the Washington State University board of regents, has certified, based
upon his estimates of future tuition income and other factors,
that an adequate balance will be maintained in the Washington State University building account to enable the board of
regents to meet the requirements of RCW 28B.31.070 during
the life of the bonds to be issued. [1977 ex.s. c 344 § 9.]
28B.31.090
Additional notes found at www.leg.wa.gov
28B.31.100 Chapter not to repeal, override, or limit
other statutes or actions—Transfers under RCW
28B.31.070 as subordinate. No provision of this chapter
shall be deemed to repeal, override, or limit any provision of
RCW 28B.15.310 or 28B.30.700 through 28B.30.780, nor
any provision or covenant of the proceedings of the board of
regents of Washington State University heretofore or hereafter taken in the issuance of its revenue bonds secured by a
pledge of its building fees and/or other revenues pursuant to
such statutes. The obligation of the board of regents of Washington State University to make the transfers provided for in
RCW 28B.31.070 shall be subject and subordinate to the lien
and charge of such revenue bonds, and any revenue bonds
hereafter issued, on such building fees and/or other revenues
pledged to secure such bonds, and on the moneys in the
Washington State University building account and the Washington State University bond retirement fund. [1985 c 390 §
45; 1977 ex.s. c 344 § 10.]
28B.31.100
Additional notes found at www.leg.wa.gov
Chapter 28B.35
Additional notes found at www.leg.wa.gov
28B.31.070 Transfer of moneys to state general fund
from Washington State University building account. On
or before June 30th of each year the board of regents of
Washington State University shall cause to be accumulated in
the Washington State University building account, from
moneys transferred into said account from the Washington
State University bond retirement fund pursuant to RCW
28B.30.750(5), an amount at least equal to the amount
required in the next succeeding twelve months for the payment of the principal of and interest on the bonds issued pursuant to this chapter. Not less than thirty days prior to the date
on which any such interest or principal and interest payment
is due, the board of regents of Washington State University
shall cause the amount so computed to be paid out of such
building account to the state treasurer, for deposit into the
general fund of the state treasury. [1977 ex.s. c 344 § 7.]
28B.31.070
Additional notes found at www.leg.wa.gov
28B.31.080 Bonds as legal investment for public
funds. The bonds authorized by this chapter shall constitute
28B.31.080
(2010 Ed.)
Chapter 28B.35
Chapter 28B.35 RCW
REGIONAL UNIVERSITIES
Sections
28B.35.010 Designation.
28B.35.050 Primary purposes—Eligibility requirements for designation as
regional university.
28B.35.100 Trustees—Appointment—Terms—Quorum—Vacancies.
28B.35.105 Trustees—Organization and officers of board—Quorum.
28B.35.110 Trustees—Meetings of board.
28B.35.120 Trustees—General powers and duties of board.
28B.35.190 Trustees—Fire protection services.
28B.35.195 Treasurer—Appointment, term, duties, bonds.
28B.35.196 Credits—Statewide transfer policy and agreement—Establishment.
28B.35.200 Bachelor degrees authorized.
28B.35.205 Degrees through master’s degrees authorized—Limitations—
Honorary degrees.
28B.35.215 Doctorate level degrees in physical therapy authorized—
Review by higher education coordinating board.
28B.35.230 Certificates, diplomas—Signing—Contents.
28B.35.300 Model schools and training departments—Purpose.
28B.35.305 Model schools and training departments—Trustees to estimate
number of pupils required.
28B.35.310 Model schools and training departments—Requisitioning of
pupils—President may refuse admission.
28B.35.315 Model schools and training departments—Report of attendance.
28B.35.320 High-technology education and training.
28B.35.350 Suspension and expulsion.
[Title 28B RCW—page 123]
28B.35.010
Title 28B RCW: Higher Education
28B.35.370 Disposition of building fees and normal school fund revenues—Bond payments—Capital projects accounts.
28B.35.390 Duties of president.
28B.35.395 President’s housing allowance.
28B.35.400 Meetings of presidents.
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.35.700 Construction, remodeling, improvement, financing, etc.—
Authorized.
28B.35.710 Definitions.
28B.35.720 Contracts, issuance of evidences of indebtedness, bonds,
acceptance of grants.
28B.35.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds.
28B.35.740 Disposition of building fees and normal school fund revenues—Bond payments, etc.
28B.35.750 Funds payable into bond retirement funds—Pledge of building
fees.
28B.35.751 Disposition of certain normal school fund revenues.
28B.35.760 Additional powers of board—Issuance of bonds, investments,
transfer of funds, etc.
28B.35.770 Refunding bonds.
28B.35.780 Bonds not general obligation—Legislature may provide additional means of payment.
28B.35.790 Other laws not repealed or limited.
Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW.
Branch campuses
Central Washington University—Yakima area: RCW 28B.45.060.
Washington State University and Eastern Washington University—Spokane area: RCW 28B.30.050.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Central College fund—Other revenue for support of Central Washington
University: RCW 43.79.304.
Chapter as affecting
Central Washington State College building and normal school fund revenue bonds: RCW 28B.14C.120.
Eastern Washington State College building and normal school fund revenue bonds: RCW 28B.14C.110.
Western Washington State College building and normal school fund revenue bonds: RCW 28B.14C.100.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Eastern College fund—Other revenue for support of Eastern Washington
University: RCW 43.79.314.
Former state colleges of education—Moneys paid into general fund for support of: RCW 43.79.180.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Normal school grant to former state colleges of education: RCW 43.79.150.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Western Washington fund—Other revenue for support of Western Washington University: RCW 43.79.324.
28B.35.010 Designation. The regional universities
shall be located and designated as follows: At Bellingham,
Western Washington University; at Cheney, Eastern Washington University; at Ellensburg, Central Washington University. [1977 ex.s. c 169 § 44. Prior: 1969 ex.s. c 223 §
28B.40.010; prior: 1967 c 47 § 6; 1961 c 62 § 2; 1957 c 147
§ 2; prior: (i) 1909 c 97 p 251, part; 1897 c 118 § 212; 1893
c 107 § 1; RRS § 4604, part. (ii) 1937 c 23 § 1; RRS § 46041. (iii) 1937 c 23 § 2; RRS § 4604-2. (iv) 1937 c 23 § 3; RRS
§ 4604-3. Formerly RCW 28B.40.010, part; 28.81.010.]
28B.35.010
[Title 28B RCW—page 124]
Additional notes found at www.leg.wa.gov
28B.35.050 Primary purposes—Eligibility requirements for designation as regional university. The primary
purposes of the regional universities shall be to offer undergraduate and graduate education programs through the master’s degree, including programs of a practical and applied
nature, directed to the educational and professional needs of
the residents of the regions they serve; to act as receiving
institutions for transferring community college students; and
to provide extended occupational and complementary studies
programs that continue or are otherwise integrated with the
educational services of the region’s community colleges.
No college shall be eligible for designation as a regional
university until it has been in operation for at least twenty
years and has been authorized to offer master’s degree programs in more than three fields. [1977 ex.s. c 169 § 2.]
28B.35.050
Additional notes found at www.leg.wa.gov
28B.35.100 Trustees—Appointment—Terms—Quorum—Vacancies. (1) The governance of each of the
regional universities shall be vested in a board of trustees
consisting of eight members, one of whom shall be a student.
The governor shall select the student member from a list of
candidates, of at least three and not more than five, submitted
by the governing body of the associated students. They shall
be appointed by the governor with the consent of the senate
and, except for the student member, shall hold their offices
for a term of six years from the first day of October and until
their successors are appointed and qualified. The student
member shall hold his or her office for a term of one year
from the first day of July and until the first day of July of the
following year or until his or her successor is appointed and
qualified, whichever is later. The student member shall be a
full-time student in good standing at the respective university
at the time of appointment.
(2) Five members of the board constitute a quorum for
the transaction of business. In case of a vacancy, or when an
appointment is made after the date of expiration of the term,
the governor shall fill the vacancy for the remainder of the
term of the trustee whose office has become vacant or
expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members
and personnel. [2006 c 78 § 3; 1998 c 95 § 3; 1985 c 137 § 1;
1979 ex.s. c 103 § 4; 1977 ex.s. c 169 § 45. Prior: 1973 c 62
§ 11; 1969 ex.s. c 223 § 28B.40.100; prior: 1967 ex.s. c 5 §
2; 1957 c 147 § 3; prior: (i) 1909 c 97 p 251 § 1, part; 1897 c
118 § 212; 1893 c 107 § 1; RRS § 4604, part. (ii) 1909 c 97
p 251 § 2; 1897 c 118 § 213; 1893 c 107 § 2; RRS § 4605.
Formerly RCW 28B.40.100, part; 28.81.020.]
28B.35.100
Additional notes found at www.leg.wa.gov
28B.35.105 Trustees—Organization and officers of
board—Quorum. Each board of regional university trustees
shall elect one of its members chairman, and it shall elect a
28B.35.105
(2010 Ed.)
Regional Universities
secretary, who may or may not be a member of the board.
Each board shall have power to adopt bylaws for its government and for the government of the school, which bylaws
shall not be inconsistent with law, and to prescribe the duties
of its officers, committees and employees. A majority of the
board shall constitute a quorum for the transaction of all business. [1977 ex.s. c 169 § 46. Prior: 1969 ex.s. c 223 §
28B.40.105; prior: 1909 p 252 § 3; RRS § 4606; prior: 1897
c 118 § 214; 1893 c 107 § 3. Formerly RCW 28B.40.105,
part; 28.81.030 and 28.81.050(1), (2).]
Additional notes found at www.leg.wa.gov
28B.35.110 Trustees—Meetings of board. Each board
of regional university trustees shall hold at least two regular
meetings each year, at such times as may be provided by the
board. Special meetings shall be held as may be deemed necessary, whenever called by the chairman or by a majority of
the board. Public notice of all meetings shall be given in
accordance with chapter 42.32 RCW. [1977 ex.s. c 169 § 47.
Prior: 1969 ex.s. c 223 § 28B.40.110; prior: 1917 c 128 § 1,
part; 1909 c 97 p 253 § 6, part; RRS § 4609, part; prior: 1897
c 118 § 217, part; 1893 c 107 § 6, part. Formerly RCW
28B.40.110, part; 28.81.040, part.]
28B.35.110
Open public meetings act: Chapter 42.30 RCW.
Additional notes found at www.leg.wa.gov
28B.35.120 Trustees—General powers and duties of
board. In addition to any other powers and duties prescribed
by law, each board of trustees of the respective regional universities:
(1) Shall have full control of the regional university and
its property of various kinds, except as otherwise provided by
law.
(2) Shall employ the president of the regional university,
his assistants, members of the faculty, and other employees
of the institution, who, except as otherwise provided by law,
shall hold their positions, until discharged therefrom by the
board for good and lawful reason.
(3) With the assistance of the faculty of the regional university, shall prescribe the course of study in the various
schools and departments thereof and publish such catalogues
thereof as the board deems necessary: PROVIDED, That the
Washington professional educator standards board shall
determine the requisites for and give program approval of all
courses leading to teacher certification by such board.
(4) Establish such divisions, schools or departments necessary to carry out the purposes of the regional university and
not otherwise proscribed by law.
(5) Except as otherwise provided by law, may establish
and erect such new facilities as determined by the board to be
necessary for the regional university.
(6) May acquire real and other property as provided in
RCW 28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase
all supplies and purchase or lease equipment and other personal property needed for the operation or maintenance of the
regional university.
(8) May establish, lease, operate, equip and maintain
self-supporting facilities in the manner provided in RCW
28B.35.120
(2010 Ed.)
28B.35.195
28B.10.300 through 28B.10.330, as now or hereafter
amended.
(9) Except as otherwise provided by law, to enter into
such contracts as the trustees deem essential to regional university purposes.
(10) May receive such gifts, grants, conveyances,
devises and bequests of real or personal property from whatsoever source, as may be made from time to time, in trust or
otherwise, whenever the terms and conditions thereof will aid
in carrying out the regional university programs; sell, lease or
exchange, invest or expend the same or the proceeds, rents,
profits and income thereof except as limited by the terms and
conditions thereof; and adopt regulations to govern the
receipt and expenditure of the proceeds, rents, profits and
income thereof.
(11) Subject to the approval of the higher education
coordinating board pursuant to RCW 28B.76.230, offer new
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.
(12) May promulgate such rules and regulations, and
perform all other acts not forbidden by law, as the board of
trustees may in its discretion deem necessary or appropriate
to the administration of the regional university. [2006 c 263
§ 824; 2004 c 275 § 54; 1985 c 370 § 94; 1977 ex.s. c 169 §
48. Prior: 1969 ex.s. c 223 § 28B.40.120; prior: 1909 c 97 p
252 § 4; RRS § 4607; prior: 1905 c 85 § 1; 1897 c 118 § 215;
1893 c 107 § 4. Formerly RCW 28B.40.120, part;
28.81.050.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.35.190 Trustees—Fire protection services. Subject to the provisions of RCW 35.21.779, each board of trustees of the regional universities may:
(1) Contract for such fire protection services as may be
necessary for the protection and safety of the students, staff
and property of the regional university;
(2) By agreement pursuant to the provisions of chapter
239, Laws of 1967 (chapter 39.34 RCW), as now or hereafter
amended, join together with other agencies or political subdivisions of the state or federal government and otherwise
share in the accomplishment of any of the purposes of subsection (1) of this section:
PROVIDED, HOWEVER, That neither the failure of the
trustees to exercise any of its powers under this section nor
anything herein shall detract from the lawful and existing
powers and duties of political subdivisions of the state to provide the necessary fire protection equipment and services to
persons and property within their jurisdiction. [1992 c 117 §
1; 1977 ex.s. c 169 § 49. Prior: 1970 ex.s. c 15 § 28. Formerly
RCW 28B.40.190, part.]
28B.35.190
Findings—1992 c 117: See note following RCW 35.21.775.
Additional notes found at www.leg.wa.gov
28B.35.195 Treasurer—Appointment, term, duties,
bonds. See RCW 28B.40.195.
28B.35.195
[Title 28B RCW—page 125]
28B.35.196
Title 28B RCW: Higher Education
28B.35.196 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.35.196
28B.35.200 Bachelor degrees authorized. The degree
of bachelor of arts or the degree of bachelor of science and/or
the degree of bachelor of arts in education may be granted to
any student who has completed a four-year course of study or
the equivalent thereof in Central Washington University,
Eastern Washington University, or Western Washington University. [1977 ex.s. c 169 § 50. Prior: 1969 ex.s. c 223 §
28B.40.200; prior: 1967 c 231 § 1; 1967 c 47 § 7; 1947 c 109
§ 1; 1933 c 13 § 1; Rem. Supp. 1947 § 4618-1. Formerly
RCW 28B.40.200, part; 28.81.052; 28.81.050(16).]
28B.35.200
Additional notes found at www.leg.wa.gov
28B.35.205 Degrees through master’s degrees authorized—Limitations—Honorary degrees. (1) In addition to
all other powers and duties given to them by law, Central
Washington University, Eastern Washington University, and
Western Washington University are hereby authorized to
grant any degree through the master’s degree to any student
who has completed a program of study and/or research in
those areas which are determined by the faculty and board of
trustees of the college to be appropriate for the granting of
such degree: PROVIDED, That before any degree is authorized under this section it shall be subject to the review and
approval of the higher education coordinating board.
(2) The board of trustees, upon recommendation of the
faculty, may also confer honorary bachelor’s, master’s, or
doctorate level degrees upon persons in recognition of their
learning or devotion to education, literature, art, or science.
No degree may be conferred in consideration of the payment
of money or the donation of any kind of property.
(3) The board of trustees may also confer honorary
degrees upon persons who request an honorary degree if they
were students at the university in 1942 and did not graduate
because they were ordered into an internment camp. The
honorary degree may also be requested by a representative of
deceased persons who meet these requirements. For the purposes of this subsection, "internment camp" means a relocation center to which persons were ordered evacuated by Presidential Executive Order 9066, signed February 19, 1942.
[2010 c 51 § 3; 2009 c 295 § 1; 1991 c 58 § 2; 1985 c 370 §
84; 1979 c 14 § 4. Prior: 1977 ex.s. c 169 § 51. Cf: 1975 1st
ex.s. c 232 § 1.]
28B.35.205
Additional notes found at www.leg.wa.gov
28B.35.215 Doctorate level degrees in physical therapy authorized—Review by higher education coordinating board. The board of trustees of Eastern Washington
University may offer applied, but not research, doctorate
level degrees in physical therapy subject to review and
approval by the higher education coordinating board. [2001
c 252 § 1.]
28B.35.215
28B.35.230 Certificates, diplomas—Signing—Contents. Every diploma issued by a regional university shall be
signed by the chairman of the board of trustees and by the
president of the regional university issuing the same, and
28B.35.230
[Title 28B RCW—page 126]
sealed with the appropriate seal. In addition to the foregoing,
teaching certificates shall be countersigned by the state
superintendent of public instruction. Every certificate shall
specifically state what course of study the holder has completed and for what length of time such certificate is valid in
the schools of the state. [1977 ex.s. c 169 § 53. Prior: 1969
ex.s. c 223 § 28B.40.230; prior: 1917 c 128 § 4; 1909 c 97 p
254 § 9; RRS § 4615; prior: 1897 c 118 § 220; 1895 c 146 §
2; 1893 c 107 § 13. Formerly RCW 28B.40.230, part;
28.81.056; 28.81.050(15).]
Additional notes found at www.leg.wa.gov
28B.35.300
28B.35.300 Model schools and training departments—Purpose. A model school or schools or training
departments may be provided for each regional university, in
which students, before graduation, may have actual practice
in teaching or courses relative thereto under the supervision
and observation of critic teachers. All schools or departments
involved herewith shall organize and direct their work being
cognizant of public school needs. [1977 ex.s. c 169 § 54.
Prior: 1969 ex.s. c 223 § 28B.40.300; prior: 1917 c 128 § 2;
1909 c 97 p 253 § 8; RRS § 4611; prior: 1897 c 118 § 219;
1893 c 107 § 12. Formerly RCW 28B.40.300, part;
28.81.058; 28.81.050(12).]
Additional notes found at www.leg.wa.gov
28B.35.305
28B.35.305 Model schools and training departments—Trustees to estimate number of pupils required.
The board of trustees of any regional university having a
model school or training department as authorized by RCW
28B.35.300, shall, on or before the first Monday of September of each year, file with the board of the school district or
districts in which such regional university is situated, a certified statement showing an estimate of the number of public
school pupils who will be required to make up such model
school and specifying the number required for each grade for
which training for students is required. [1977 ex.s. c 169 §
55. Prior: 1969 ex.s. c 223 § 28B.40.305; prior: 1907 c 97 §
1; RRS § 4612. Formerly RCW 28B.40.305, part; 28.81.059;
28.81.050(13).]
Additional notes found at www.leg.wa.gov
28B.35.310
28B.35.310 Model schools and training departments—Requisitioning of pupils—President may refuse
admission. It shall thereupon be the duty of the board of the
school district or districts with which such statement has been
filed, to apportion for attendance to the said model school or
training department, a sufficient number of pupils from the
public schools under the supervision of said board as will furnish to such regional university the number of pupils required
in order to maintain such facility: PROVIDED, That the
president of said regional university may refuse to accept any
such pupil as in his judgment would tend to reduce the efficiency of said model school or training department. [1977
ex.s. c 169 § 56. Prior: 1969 ex.s. c 223 § 28B.40.310; prior:
1907 c 97 § 2; RRS § 4613. Formerly RCW 28B.40.310, part;
28.81.060.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Regional Universities
28B.35.315 Model schools and training departments—Report of attendance. Annually, on or before the
date for reporting the school attendance of the school district
in which said model school or training department is situated,
for the purpose of taxation for the support of the common
schools, the board of trustees of each such regional university
having supervision over the same shall file with the board of
the school district or districts, in which such model school or
training department is situated, a report showing the number
of common school pupils at each such model school or training department during the school year last passed, and the
period of their attendance in the same form that reports of
public schools are made. Any superintendent of the school
district so affected shall, in reporting the attendance in said
school district, segregate the attendance at said model school
or training department, from the attendance in the other
schools of said district: PROVIDED, That attendance shall
be credited, if credit be given therefor, to the school district in
which the pupil resides. [1977 ex.s. c 169 § 57. Prior: 1969
ex.s. c 223 § 28B.40.315; prior: 1917 c 128 § 3; 1907 c 97 §
3; RRS § 4614. Formerly RCW 28B.40.315, part; 28.81.061;
28.81.050(14).]
28B.35.315
Additional notes found at www.leg.wa.gov
28B.35.320 High-technology education and training.
See chapter 28B.65 RCW.
28B.35.320
28B.35.350 Suspension and expulsion. Any student
may be suspended or expelled from any regional university
who is found to be guilty of an infraction of the regulations of
the institution. [1977 ex.s. c 169 § 58. Prior: 1969 ex.s. c 223
§ 28B.40.350; prior: 1961 ex.s. c 13 § 2, part; prior: (i) 1909
c 97 p 255 § 13; RRS § 4620. (ii) 1921 c 136 § 1, part; 1905
c 85 § 3, part; RRS § 4616, part. Formerly RCW 28B.40.350,
part; 28.81.070.]
28B.35.350
Additional notes found at www.leg.wa.gov
28B.35.370 Disposition of building fees and normal
school fund revenues—Bond payments—Capital projects
accounts. Within thirty-five days from the date of collection
thereof all building fees of each regional university and The
Evergreen State College shall be paid into the state treasury
and these together with such normal school fund revenues as
provided in RCW 28B.35.751 as are received by the state
treasury shall be credited as follows:
(1) On or before June 30th of each year the board of
trustees of each regional university and The Evergreen State
College, if issuing bonds payable out of its building fees and
above described normal school fund revenues, shall certify to
the state treasurer the amounts required in the ensuing twelve
months to pay and secure the payment of the principal of and
interest on such bonds. The amounts so certified by each
regional university and The Evergreen State College shall be
a prior lien and charge against all building fees and above
described normal school fund revenues of such institution.
The state treasurer shall thereupon deposit the amounts so
certified in the Eastern Washington University capital
projects account, the Central Washington University capital
projects account, the Western Washington University capital
projects account, or The Evergreen State College capital
28B.35.370
(2010 Ed.)
28B.35.395
projects account respectively, which accounts are hereby created in the state treasury. The amounts deposited in the
respective capital projects accounts shall be used to pay and
secure the payment of the principal of and interest on the
building bonds issued by such regional universities and The
Evergreen State College as authorized by law. If in any
twelve month period it shall appear that the amount certified
by any such board of trustees is insufficient to pay and secure
the payment of the principal of and interest on the outstanding building and above described normal school fund revenue
bonds of its institution, the state treasurer shall notify the
board of trustees and such board shall adjust its certificate so
that all requirements of moneys to pay and secure the payment of the principal of and interest on all such bonds then
outstanding shall be fully met at all times.
(2) All normal school fund revenue pursuant to RCW
28B.35.751 shall be deposited in the Eastern Washington
University capital projects account, the Central Washington
University capital projects account, the Western Washington
University capital projects account, or The Evergreen State
College capital projects account respectively, which accounts
are hereby created in the state treasury. The sums deposited
in the respective capital projects accounts shall be appropriated and expended to pay and secure the payment of the principal of and interest on bonds payable out of the building fees
and normal school revenue and for the construction, reconstruction, erection, equipping, maintenance, demolition and
major alteration of buildings and other capital assets, and the
acquisition of sites, rights-of-way, easements, improvements
or appurtenances in relation thereto except for any sums
transferred therefrom as authorized by law. During the 20092011 biennium, sums in the respective capital accounts shall
also be used for routine facility maintenance and utility costs.
(3) Funds available in the respective capital projects
accounts may also be used for certificates of participation
under chapter 39.94 RCW. [2009 c 499 § 5; 2009 c 497 §
6021; 1991 sp.s. c 13 § 49. Prior: 1985 c 390 § 47; 1985 c 57
§ 15; 1977 ex.s. c 169 § 79; 1969 ex.s. c 223 § 28B.40.370;
prior: 1967 c 47 §§ 11, 14; 1965 c 76 § 2; 1961 ex.s. c 14 §
5; 1961 ex.s. c 13 § 4. Formerly RCW 28B.40.370;
28.81.085; 28.81.540.]
Reviser’s note: This section was amended by 2009 c 497 § 6021 and
by 2009 c 499 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2009 c 497: See note following RCW 28B.15.210.
Additional notes found at www.leg.wa.gov
28B.35.390 Duties of president. The president of each
regional university shall have general supervision of the university and see that all laws and rules of the board of trustees
are observed. [1977 ex.s. c 169 § 61. Prior: 1969 ex.s. c 223
§ 28B.40.390; prior: 1909 c 97 p 253 § 7; RRS § 4610; prior:
1897 c 118 § 218; 1893 c 107 § 7. Formerly RCW
28B.40.390, part; 28.81.110.]
28B.35.390
Additional notes found at www.leg.wa.gov
28B.35.395 President’s housing allowance. Housing
or a housing allowance may only be provided for the president of a public four-year institution of higher education who
resides in the location where the institution is designated
28B.35.395
[Title 28B RCW—page 127]
28B.35.400
Title 28B RCW: Higher Education
under RCW 28B.20.010, 28B.30.010, 28B.35.010, and
28B.40.010. [1998 c 344 § 4.]
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
§ 49; 1977 ex.s. c 169 § 83; 1969 ex.s. c 223 § 28B.40.710.
Prior: 1967 c 47 § 13; 1961 ex.s. c 14 § 2. Formerly RCW
28B.40.710; 28.81.510.]
Additional notes found at www.leg.wa.gov
28B.35.400 Meetings of presidents. It shall be the duty
of the presidents of the several regional universities to meet at
least once annually to consult with each other relative to the
management of the regional universities. [1977 ex.s. c 169 §
62.]
28B.35.400
Additional notes found at www.leg.wa.gov
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.35.700 Construction, remodeling, improvement,
financing, etc.—Authorized. The boards of trustees of the
regional universities and of The Evergreen State College are
empowered in accordance with the provisions of RCW
28B.35.700 through 28B.35.790, to provide for the construction, completion, reconstruction, remodeling, rehabilitation
and improvement of buildings and facilities authorized by the
legislature for the use of the aforementioned universities and
The Evergreen State College and to finance the payment
thereof by bonds payable out of special funds from revenues
hereafter derived from the payment of building fees, gifts,
bequests or grants and such additional funds as the legislature
may provide. [1985 c 390 § 48; 1977 ex.s. c 169 § 82; 1969
ex.s. c 223 § 28B.40.700. Prior: 1967 c 47 § 12; 1961 ex.s. c
14 § 1. Formerly RCW 28B.40.700; 28.81.500.]
28B.35.700
Additional notes found at www.leg.wa.gov
28B.35.710 Definitions. The following terms, whenever used or referred to in RCW 28B.35.700 through
28B.35.790, shall have the following meaning, excepting in
those instances where the context clearly indicates otherwise:
(1) The word "boards" means the boards of trustees of
the regional universities and The Evergreen State College.
(2) The words "building fees" mean the building fees
charged students registering at each college, but shall not
mean the special tuition or other fees charged such students
or fees, charges, rentals, and other income derived from any
or all revenue-producing lands, buildings, and facilities of the
respective colleges, heretofore or hereafter acquired, constructed or installed, including but not limited to income from
rooms, dormitories, dining rooms, hospitals, infirmaries,
housing or student activity buildings, vehicular parking facilities, land or the appurtenances thereon.
(3) The words "bond retirement funds" shall mean the
special funds created by law and known as the Eastern Washington University bond retirement fund, Central Washington
University bond retirement fund, Western Washington University bond retirement fund, and The Evergreen State College bond retirement fund, all as referred to in RCW
28B.35.370.
(4) The word "bonds" means the bonds payable out of
the bond retirement funds.
(5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of any of the aforementioned colleges authorized by the legislature at any time and
to be financed by the issuance and sale of bonds. [1985 c 390
28B.35.710
[Title 28B RCW—page 128]
28B.35.720 Contracts, issuance of evidences of
indebtedness, bonds, acceptance of grants. In addition to
the powers conferred under existing law, each of the boards is
authorized and shall have the power:
(1) To contract for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of
such buildings or other facilities of the university or college
as are authorized by the legislature to be financed by the issuance and sale of bonds.
(2) To finance the same by the issuance of bonds secured
by the pledge of any or all of the building fees.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or private corporation, association,
or person to aid in defraying the costs of any such projects.
[1985 c 390 § 50; 1977 ex.s. c 169 § 84; 1969 ex.s. c 223 §
28B.40.720. Prior: 1961 ex.s. c 14 § 3. Formerly RCW
28B.40.720; 28.81.520.]
28B.35.720
Additional notes found at www.leg.wa.gov
28B.35.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds. For the purpose of financing the cost of any projects, each of the boards
is hereby authorized to adopt the resolution or resolutions and
prepare all other documents necessary for the issuance, sale
and delivery of the bonds or any part thereof at such time or
times as it shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of the university or college or of
the board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred
dollars; and
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the university or college by the
chairman of the board, attested by the secretary of the board,
have the seal of the university or college impressed thereon or
a facsimile of such seal printed or lithographed in the bottom
border thereof, and the coupons attached thereto shall be
signed with the facsimile signatures of such chairman and the
secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest
solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the
bond retirement fund;
28B.35.730
(2010 Ed.)
Regional Universities
(6) Shall be payable at such times over a period of not to
exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as the
board may prescribe;
(8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with RCW 28B.35.700
through 28B.35.790, as now or hereafter amended, and as
found to be necessary by the board for the most advantageous
sale thereof, which may include but not be limited to:
(a) A covenant that the building fees shall be established,
maintained and collected in such amounts that will provide
money sufficient to pay the principal of and interest on all
bonds payable out of the bond retirement fund, to set aside
and maintain the reserves required to secure the payment of
such principal and interest, and to maintain any coverage
which may be required over such principal and interest;
(b) A covenant that a reserve account shall be created in
the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made
that certain amounts be set aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred
from the capital projects account of the university or college
issuing the bonds to the bond retirement fund of such university or college when ordered by the board of trustees in the
event there is ever an insufficient amount of money in the
bond retirement fund to pay any installment of interest or
principal and interest coming due on the bonds or any of
them;
(d) A covenant fixing conditions under which bonds on a
parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds, exclusive of
accrued interest which shall be deposited in the bond retirement fund, shall be deposited in the state treasury to the credit
of the capital projects account of the university or college
issuing the bonds and shall be used solely for paying the costs
of the projects. [1985 c 390 § 51; 1977 ex.s. c 169 § 85; 1970
ex.s. c 56 § 30; 1969 ex.s. c 232 § 104; 1969 ex.s. c 223 §
28B.40.730. Prior: 1961 ex.s. c 14 § 4. Formerly RCW
28B.40.730; 28.81.530.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Capital projects accounts of regional universities and The Evergreen State
College: RCW 28B.35.370.
Additional notes found at www.leg.wa.gov
28B.35.740 Disposition of building fees and normal
school fund revenues—Bond payments, etc. See RCW
28B.35.370.
28B.35.740
28B.35.750 Funds payable into bond retirement
funds—Pledge of building fees. For the purpose of paying
and securing the payment of the principal of and interest on
the bonds as the same shall become due, there shall be paid
into the state treasury and credited to the respective bond
retirement fund of each university or college issuing bonds,
the following:
28B.35.750
(2010 Ed.)
28B.35.751
(1) Amounts derived from building fees as the board
shall certify as necessary to prevent default in the payments
required to be paid into such bond retirement fund;
(2) Any grants which may be made, or may become
available, for the purpose of furthering the construction of
any authorized projects, or for the repayment of the costs
thereof;
(3) Such additional funds as the legislature may provide.
Said bond retirement fund shall be kept segregated from
all moneys in the state treasury and shall, while any of such
bonds or any interest thereon remains unpaid, be available
solely for the payment thereof. As a part of the contract of
sale of such bonds, the board shall undertake to charge and
collect building fees and to deposit the portion of such fees in
the bond retirement fund in amounts which will be sufficient
to pay and secure the payment of the principal of, and interest
on all such bonds outstanding. [1985 c 390 § 52; 1977 ex.s.
c 169 § 86; 1969 ex.s. c 223 § 28B.40.750. Prior: 1961 ex.s.
c 14 § 6. Formerly RCW 28B.40.750; 28.81.550.]
Additional notes found at www.leg.wa.gov
28B.35.751 Disposition of certain normal school fund
revenues. All moneys received from the lease or rental of
lands set apart by the enabling act for state normal schools
purposes; all interest or income arising from the proceeds of
the sale of such lands or of the timber, fallen timber, stone,
gravel, or other valuable material thereon, less the allocation
to the state treasurer’s service fund pursuant to RCW
43.08.190 and the state investment board expense account
pursuant to RCW 43.33A.160; and all moneys received as
interest on deferred payments on contracts for the sale of such
lands, shall from time to time be paid into the state treasury
and credited to the Eastern Washington University, Central
Washington University, Western Washington University and
The Evergreen State College capital projects accounts as
herein provided to be expended for capital projects, and bond
retirement purposes as set forth in RCW 28B.35.750, as now
or hereafter amended. Eastern Washington University, Central Washington University, Western Washington University,
and The Evergreen State College shall be credited with onefourth of the total amount beginning July 1, 2003. Beginning
July 1, 1995, The Evergreen State College shall receive five
percent of the total amount not obligated to repayment of
bonds; Eastern Washington University, Central Washington
University, and Western Washington University shall receive
equal amounts of the remaining amount. Beginning July 1,
1997, The Evergreen State College shall receive ten percent
of the total amount not obligated to repayment of bonds;
Eastern Washington University, Central Washington University, and Western Washington University shall receive equal
amounts of the remaining amount. Beginning July 1, 1999,
The Evergreen State College shall receive fifteen percent of
the total amount not dedicated to repayment of bonds; Eastern Washington University, Central Washington University,
and Western Washington University shall each receive equal
amounts of the remaining amount. Beginning July 1, 2001,
The Evergreen State College shall receive twenty percent of
the total amount not obligated to repayment of bonds; Eastern
Washington University, Central Washington University, and
Western Washington University shall each receive equal
28B.35.751
[Title 28B RCW—page 129]
28B.35.760
Title 28B RCW: Higher Education
amounts of the remaining amount. [1993 c 411 § 2; 1991
sp.s. c 13 § 95; 1977 ex.s. c 169 § 87; 1969 ex.s. c 223 §
28B.40.751. Prior: 1967 c 47 § 15; 1965 c 76 § 1. Formerly
RCW 28B.40.751; 28.81.551.]
Finding—1993 c 411: "The legislature finds that Central Washington
University, Eastern Washington University, Western Washington University, and The Evergreen State College are the state’s comprehensive undergraduate institutions and each should share equally in the benefits derived
from lands set apart in the enabling act for state normal school purposes."
[1993 c 411 § 1.]
Additional notes found at www.leg.wa.gov
legislature may provide additional means for raising money
for the payment of interest and principal of said bonds. RCW
28B.35.700 through 28B.35.790 as now or hereafter
amended shall not be deemed to provide an exclusive method
for such payment. The power given to the legislature by this
section to provide for additional means for raising money is
permissive, and shall not in any way be construed as a pledge
of the general credit of the state of Washington. [1977 ex.s. c
169 § 90; 1969 ex.s. c 223 § 28B.40.780. Prior: 1961 ex.s. c
14 § 9. Formerly RCW 28B.40.780; 28.81.580.]
Additional notes found at www.leg.wa.gov
28B.35.760 Additional powers of board—Issuance of
bonds, investments, transfer of funds, etc. The board of
any such university or college is hereby empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the college’s
or universities’ capital projects account to the college’s or
universities’ bond retirement fund when necessary to prevent
a default in the payments required to be made out of such
fund;
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds. [1977 ex.s. c 169 § 88; 1969 ex.s. c
223 § 28B.40.760. Prior: 1961 ex.s. c 14 § 7. Formerly RCW
28B.40.760; 28.81.560.]
28B.35.760
Additional notes found at www.leg.wa.gov
28B.35.770 Refunding bonds. Each board of trustees
is hereby empowered to issue refunding bonds to provide
funds to refund any or all outstanding bonds payable from the
bond retirement fund and to pay any redemption premium
payable on such outstanding bonds being refunded. Such
refunding bonds may be issued in the manner and on terms
and conditions and with the covenants permitted by RCW
28B.35.700 through 28B.35.790 as now or hereafter
amended for the issuance of bonds. The refunding bonds
shall be payable out of the bond retirement fund and shall not
constitute an obligation either general or special, of the state
or a general obligation of the college or university of Washington issuing the bonds or the board thereof. The board may
exchange the refunding bonds at par for the bonds which are
being refunded or may sell them in such manner, at such price
and at such rate or rates of interest as it deems for the best
interest of the college or university. [1977 ex.s. c 169 § 89;
1970 ex.s. c 56 § 31; 1969 ex.s. c 232 § 105; 1969 ex.s. c 223
§ 28B.40.770. Prior: 1961 ex.s. c 14 § 8. Formerly RCW
28B.40.770; 28.81.570.]
28B.35.770
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
28B.35.780 Bonds not general obligation—Legislature may provide additional means of payment. The
bonds authorized to be issued pursuant to the provisions of
RCW 28B.35.700 through 28B.35.790 as now or hereafter
amended shall not be general obligations of the state of
Washington, but shall be limited obligation bonds payable
only from the special funds created for their payment. The
28B.35.780
[Title 28B RCW—page 130]
28B.35.790 Other laws not repealed or limited. RCW
28B.35.700 through 28B.35.790 as now or hereafter
amended is concurrent with other legislation with reference
to providing funds for the construction of buildings at the
regional universities or The Evergreen State College and is
not to be construed as repealing or limiting any existing provision of law with reference thereto. [1977 ex.s. c 169 § 91;
1969 ex.s. c 223 § 28B.40.790. Prior: 1961 ex.s. c 14 § 10.
Formerly RCW 28B.40.790; 28.81.590.]
28B.35.790
Additional notes found at www.leg.wa.gov
Chapter 28B.38 RCW
SPOKANE INTERCOLLEGIATE RESEARCH AND
TECHNOLOGY INSTITUTE
Chapter 28B.38
Sections
28B.38.010
28B.38.020
28B.38.030
28B.38.040
28B.38.050
28B.38.060
28B.38.070
28B.38.900
Spokane intercollegiate research and technology institute.
Administration—Board of directors—Powers and duties.
Support from participating institutions.
Operating staff—Cooperative agreements for programs and
research.
Role of department of community, trade, and economic development.
Availability of facilities to other institutions.
Authority to receive and expend funds.
Captions not law.
28B.38.010 Spokane intercollegiate research and
technology institute. (1) The Spokane intercollegiate
research and technology institute is created.
(2) The institute shall be operated and administered as a
multi-institutional education and research center, housing
appropriate programs conducted in Spokane under the
authority of institutions of higher education as defined in
RCW 28B.10.016. Washington independent and private
institutions of higher education may participate as full partners in any academic and research activities of the institute.
(3) The institute shall house education and research programs specifically designed to meet the needs of eastern
Washington.
(4) The establishment of any education program at the
institute and the lease, purchase, or construction of any site or
facility for the institute is subject to the approval of the higher
education coordinating board under RCW 28B.76.230.
(5) The institute shall be headquartered in Spokane.
(6) The mission of the institute is to perform and commercialize research that benefits the intermediate and longterm economic vitality of eastern Washington and to develop
and strengthen university-industry relationships through the
conduct of research that is primarily of interest to eastern
28B.38.010
(2010 Ed.)
Spokane Intercollegiate Research and Technology Institute
Washington-based companies or state economic development programs. The institute shall:
(a) Perform and facilitate research supportive of state
science and technology objectives, particularly as they relate
to eastern Washington industries;
(b) Provide leading edge collaborative research and technology transfer opportunities primarily to eastern Washington industries;
(c) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in
research and industry interactions;
(d) Emphasize and develop nonstate support of the institute’s research activities; and
(e) Provide a forum for effective interaction between the
state’s technology-based industries and its academic institutions through promotion of faculty collaboration with industry, particularly within eastern Washington. [2004 c 275 §
55; 1998 c 344 § 9.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—Findings—1998 c 344: "It is the intent of the legislature to
provide the necessary access to quality upper division and graduate higher
education opportunities for the citizens of Spokane. The legislature intends
that the Spokane branch campus of Washington State University, offering
upper-division and graduate programs, be located at the Riverpoint Higher
Education Park and that Washington State University be the administrative
and fiscal agent for the Riverpoint Higher Education Park. In addition, those
programs offered by Eastern Washington University that meet the rules and
guidelines established by the higher education coordinating board’s program
approval process may serve students at the Riverpoint Higher Education
Park. The legislature intends to streamline the program planning and
approval process in Spokane by eliminating the joint center for higher education; thereby treating the Spokane higher education community like other
public higher education communities in Washington that receive program
approval from the higher education coordinating board. However, the legislature encourages partnerships, collaboration, and avoidance of program
duplication through regular communication among the presidents of Spokane’s public and private institutions of higher education. The legislature
further intends that the residential mission of Eastern Washington University
in Cheney be strengthened and that Eastern Washington University focus on
the excellence of its primary campus in Cheney.
In addition, the legislature finds that the Spokane intercollegiate
research and technology institute is a vital and necessary element in the academic and economic future of eastern Washington. The legislature also
finds that it is in the interest of the state of Washington to support and promote applied research and technology in areas of the state that, because of
geographic or historic circumstances, have not developed fully balanced
economies. It is the intent of the legislature that institutions of higher education and the *department of community, trade, and economic development
work cooperatively with the private sector in the development and implementation of a technology transfer and integration program to promote the
economic development and enhance the quality of life in eastern Washington." [1998 c 344 § 1.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
28B.38.020 Administration—Board of directors—
Powers and duties. (1) The institute shall be administered
by the board of directors.
(2) The board shall consist of the following members:
(a) Nine members of the general public. Of the general
public membership, at least six shall be individuals who are
associated with or employed by technology-based or manufacturing-based industries and have broad business experience and an understanding of high technology;
(b) The executive director of the Washington technology
center or the director’s designee;
28B.38.020
(2010 Ed.)
28B.38.020
(c) The provost of Washington State University or the
provost’s designee;
(d) The provost of Eastern Washington University or the
provost’s designee;
(e) The provost of Central Washington University or the
provost’s designee;
(f) The provost of the University of Washington or the
provost’s designee;
(g) An academic representative from the Spokane community colleges;
(h) One member from Gonzaga University; and
(i) One member from Whitworth College.
(3) The term of office for each board member, excluding
the executive director of the Washington technology center,
the provosts of Washington State University, Eastern Washington University, Central Washington University, and the
University of Washington, shall be three years. The executive
director of the institute shall be an ex officio, nonvoting
member of the board. Board members shall be appointed by
the governor. Initial appointments shall be for staggered
terms to ensure the long-term continuity of the board. The
board shall meet at least quarterly.
(4) The duties of the board include:
(a) Developing the general operating policies for the
institute;
(b) Appointing the executive director of the institute;
(c) Approving the annual operating budget of the institute;
(d) Establishing priorities for the selection and funding
of research projects that guarantee the greatest potential
return on the state’s investment;
(e) Approving and allocating funding for research
projects conducted by the institute;
(f) In cooperation with the *department of community,
trade, and economic development, developing a biennial
work plan and five-year strategic plan for the institute that are
consistent with the statewide technology development and
commercialization goals;
(g) Coordinating with public, independent, and private
institutions of higher education, and other participating institutions of higher education in the development of training,
research, and development programs to be conducted at the
institute that are targeted to meet industrial needs;
(h) Assisting the *department of community, trade, and
economic development in the department’s efforts to develop
state science and technology public policies and coordinate
publicly funded programs;
(i) Reviewing annual progress reports on funded
research projects;
(j) Providing an annual report to the governor and the
legislature detailing the activities and performance of the
institute; and
(k) Submitting annually to the *department of community, trade, and economic development an updated strategic
plan and a statement of performance measured against the
mission, roles, and contractual obligations of the institute.
(5) The board may enter into contracts to fulfill its
responsibilities and purposes under this chapter. [1998 c 344
§ 10.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
[Title 28B RCW—page 131]
28B.38.030
Title 28B RCW: Higher Education
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.38.030 Support from participating institutions.
Staff support for programs will be provided from among the
cooperating institutions through cooperative agreements.
Cooperating institutions are Washington State University as
the senior research partner, Eastern Washington University,
Central Washington University, the University of Washington, Gonzaga University, Whitworth College, and other participating institutions of higher education. [1998 c 344 § 11.]
Chapter 28B.40
Chapter 28B.40 RCW
THE EVERGREEN STATE COLLEGE
28B.38.030
Sections
28B.40.010
28B.40.100
28B.40.105
28B.40.110
28B.40.120
28B.40.190
28B.40.195
28B.40.196
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.40.200
28B.40.206
28B.38.040 Operating staff—Cooperative agreements for programs and research. The director of the Spokane intercollegiate research and technology institute may
hire staff as necessary to operate the institution. The director
may enter into cooperative agreements for programs and
research with public and private organizations including state
and nonstate funding agencies consistent with policies of the
Spokane intercollegiate research and technology institute.
[1998 c 344 § 12.]
28B.40.230
28B.40.300
28B.40.305
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.40.390
28B.40.500
28B.40.505
28B.38.040
28B.38.050 Role of department of community, trade,
and economic development. The *department of community, trade, and economic development shall contract with the
institute for the expenditure of state-appropriated funds for
the operation of the institute. The *department of community,
trade, and economic development shall provide guidance to
the institute regarding expenditure of state-appropriated
funds and the development of the institute’s strategic plan.
The director of the *department of community, trade, and
economic development shall not withhold funds appropriated
for the institute if the institute complies with the provisions of
its contract with the *department of community, trade, and
economic development. The department is responsible to the
legislature for the contractual performance of the institute.
[1998 c 344 § 13.]
28B.40.310
28B.40.315
28B.40.320
28B.40.350
28B.40.360
28B.40.370
Designation.
Trustees—Appointment—Terms—Quorum—Vacancies.
Trustees—Organization and officers of board—Quorum.
Trustees—Meetings of board.
Trustees—General powers and duties of board.
Trustees—Fire protection services.
Treasurer—Appointment, term, duties, bonds.
Credits—Statewide transfer policy and agreement—Establishment.
Bachelor degrees authorized.
Degrees through master’s degrees authorized—Limitations—
Honorary bachelor’s or master’s degrees.
Certificates, diplomas—Signing—Contents.
Model schools and training departments—Purpose.
Model schools and training departments—Trustees to estimate
number of pupils required.
Model schools and training departments—Requisitioning of
pupils—President may refuse admission.
Model schools and training departments—Report of attendance.
High-technology education and training.
Suspension and expulsion.
State college fees.
Disposition of building fees and normal school fund revenues—Bond payments—Capital projects accounts.
Duties of president.
Annuities and retirement income plans for faculty members.
Tax deferred annuities for employees.
28B.38.050
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.38.060 Availability of facilities to other institutions. The facilities of the institute shall be made available to
other institutions of higher education within the state when
this would benefit specific program needs. [1998 c 344 § 14.]
28B.38.060
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.38.070 Authority to receive and expend funds.
The board may receive and expend federal funds and any private gifts or grants to further the purpose of the institute. The
funds are to be expended in accordance with federal and state
law and any conditions contingent in the grant of those funds.
[1998 c 344 § 15.]
28B.38.070
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
28B.38.900 Captions not law. Captions used in this
chapter are not any part of the law. [1998 c 344 § 16.]
28B.38.900
[Title 28B RCW—page 132]
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.40.700 Construction, remodeling, improvement, financing, etc.—
Authorized.
28B.40.710 Definitions.
28B.40.720 Contracts, issuance of evidences of indebtedness, bonds,
acceptance of grants.
28B.40.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds.
28B.40.740 Disposition of building fees and normal school fund revenues—Bond payments, etc.
28B.40.750 Funds payable into bond retirement funds—Pledge of building
fees.
28B.40.751 Disposition of certain normal school fund revenues.
28B.40.760 Additional powers of board—Issuance of bonds, investments,
transfer of funds, etc.
28B.40.770 Refunding bonds.
28B.40.780 Bonds not general obligation—Legislature may provide additional means of payment.
28B.40.790 Other laws not repealed or limited.
28B.40.795 Acquisition, construction, equipping and betterment of lands,
buildings and facilities at universities and The Evergreen
State College.
28B.40.810 The Evergreen State College—Established.
28B.40.820 The Evergreen State College—Trustees—Appointment—
Terms.
28B.40.830 The Evergreen State College—Trustees, powers and duties—
Existing statutes as applicable to college—Federal benefits
and donations.
Acquisition of property, powers: RCW 28B.10.020.
Athletic printing and concessions, bids required: RCW 28B.10.640.
Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW.
Bond issues for buildings and facilities: RCW 28B.10.300 through
28B.10.330.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
Buildings and facilities
borrowing money for: RCW 28B.10.300(4).
no state liability: RCW 28B.10.330.
rate of interest: RCW 28B.10.325.
contracts for construction and installation: RCW 28B.10.300(1).
contracts to pay as rentals the costs of acquiring: RCW 28B.10.300(5).
lease of campus lands for: RCW 28B.10.300(3).
purchase or lease of land for: RCW 28B.10.300(2).
use of acquired: RCW 28B.10.305.
(2010 Ed.)
The Evergreen State College
Chapter as affecting The Evergreen State College building revenue bonds:
RCW 28B.14C.130.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Courses, studies and instruction
physical education: RCW 28B.10.700.
state board to approve courses leading to teacher certification: RCW
28B.40.120(3).
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Eminent domain by: RCW 28B.10.020.
Entrance requirements: RCW 28B.10.050.
approval by state board of education of courses leading to teacher certification: RCW 28B.40.120(3).
Eye protection, public educational institutions: RCW 70.100.010 through
70.100.040.
Faculty members and employees, insurance: RCW 28B.10.660.
Faculty members of institutions of higher education, remunerated professional leaves for: RCW 28B.10.650.
Flag, display: RCW 28B.10.030.
Funds
Central College fund, abolished and moneys transferred to general fund:
RCW 43.79.300, 43.79.302.
Central College fund, appropriations, warrants, to be paid from general
fund: RCW 43.79.301, 43.79.303.
Eastern College fund, abolished and moneys transferred to general fund:
RCW 43.79.310, 43.79.312.
Eastern College fund, appropriations, warrants, to be paid from general
fund: RCW 43.79.311, 43.79.313.
moneys paid into general fund for support of: RCW 43.79.180.
normal school current fund, sources: RCW 43.79.180.
normal school grant to colleges of education: RCW 43.79.150.
normal school permanent fund: RCW 43.79.160.
Western College fund, abolished and moneys transferred to general fund:
RCW 43.79.320, 43.79.322.
Western College fund, appropriations, warrants, to be paid from general
fund: RCW 43.79.321, 43.79.323.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
Insurance for officers, employees and students: RCW 28B.10.660.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
Real property, acquisition of authorized: RCW 28B.10.020.
Students
insurance: RCW 28B.10.660.
loan fund under national defense education act: RCW 28B.10.280.
28B.40.010 Designation. The only state college in
Washington shall be in Thurston county, The Evergreen State
College. [1977 ex.s. c 169 § 64; 1969 ex.s. c 223 §
28B.40.010. Prior: 1967 c 47 § 6; 1961 c 62 § 2; 1957 c 147
§ 2; prior: (i) 1909 c 97 p 251 § 1, part; 1897 c 118 § 212;
1893 c 107 § 1; RRS § 4604, part. (ii) 1937 c 23 § 1; RRS §
4604-1. (iii) 1937 c 23 § 2; RRS § 4604-2. (iv) 1937 c 23 § 3;
RRS § 4604-3. Formerly RCW 28.81.010.]
28B.40.010
Additional notes found at www.leg.wa.gov
28B.40.100 Trustees—Appointment—Terms—Quorum—Vacancies. (1) The governance of The Evergreen
State College shall be vested in a board of trustees consisting
of eight members, one of whom shall be a student. The governor shall select the student member from a list of candidates, of at least three and not more than five, submitted by
the student body. They shall be appointed by the governor
28B.40.100
(2010 Ed.)
28B.40.110
with the consent of the senate and, except for the student
member, shall hold their offices for a term of six years from
the first day of October and until their successors are
appointed and qualified. The student member shall hold his
or her office for a term of one year from the first day of July
and until the first day of July of the following year or until his
or her successor is appointed and qualified, whichever is
later. The student member shall be a full-time student in
good standing at the college at the time of appointment.
(2) Five members of the board constitute a quorum for
the transaction of business. In case of a vacancy, or when an
appointment is made after the date of expiration of the term,
the governor shall fill the vacancy for the remainder of the
term of the trustee whose office has become vacant or
expired.
(3) Except for the term of the student member, no more
than the terms of two members will expire simultaneously on
the last day of September in any one year.
(4) A student appointed under this section shall excuse
himself or herself from participation or voting on matters
relating to the hiring, discipline, or tenure of faculty members
and personnel. [2006 c 78 § 4; 1998 c 95 § 4; 1985 c 137 § 2;
1979 ex.s. c 103 § 5; 1977 ex.s. c 169 § 65; 1973 c 62 § 11;
1969 ex.s. c 223 § 28B.40.100. Prior: 1967 ex.s. c 5 § 2;
1957 c 147 § 3; prior: (i) 1909 c 97 p 251 § 1, part; 1897 c
118 § 212; 1893 c 107 § 1; RRS § 4604, part. (ii) 1909 c 97
p 251 § 2; 1897 c 118 § 213; 1893 c 107 § 2; RRS § 4605.
Formerly RCW 28.81.020.]
Additional notes found at www.leg.wa.gov
28B.40.105
28B.40.105 Trustees—Organization and officers of
board—Quorum. The board of The Evergreen State College trustees shall elect one of its members chairman, and it
shall elect a secretary, who may or may not be a member of
the board. The board shall have power to adopt bylaws for its
government and for the government of the school, which
bylaws shall not be inconsistent with law, and to prescribe the
duties of its officers, committees and employees. A majority
of the board shall constitute a quorum for the transaction of
all business. [1977 ex.s. c 169 § 66; 1969 ex.s. c 223 §
28B.40.105. Prior: 1909 p 252 § 3; RRS § 4606; prior: 1897
c 118 § 214; 1893 c 107 § 3. Formerly RCW 28.81.030 and
28.81.050(1), (2).]
Additional notes found at www.leg.wa.gov
28B.40.110
28B.40.110 Trustees—Meetings of board. The board
of The Evergreen State College trustees shall hold at least
two regular meetings each year, at such times as may be provided by the board. Special meetings shall be held as may be
deemed necessary, whenever called by the chairman or by a
majority of the board. Public notice of all meetings shall be
given in accordance with chapter 42.32 RCW. [1977 ex.s. c
169 § 67; 1969 ex.s. c 223 § 28B.40.110. Prior: 1917 c 128 §
1, part; 1909 c 97 p 253 § 6, part; RRS § 4609, part; prior:
1897 c 118 § 217, part; 1893 c 107 § 6, part. Formerly RCW
28.81.040, part.]
Open public meetings act: Chapter 42.30 RCW.
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 133]
28B.40.120
Title 28B RCW: Higher Education
28B.40.120 Trustees—General powers and duties of
board. In addition to any other powers and duties prescribed
by law, the board of trustees of The Evergreen State College:
(1) Shall have full control of the state college and its
property of various kinds, except as otherwise provided by
law.
(2) Shall employ the president of the state college, his
assistants, members of the faculty, and other employees of
the institution, who, except as otherwise provided by law,
shall hold their positions, until discharged therefrom by the
board for good and lawful reason.
(3) With the assistance of the faculty of the state college,
shall prescribe the course of study in the various schools and
departments thereof and publish such catalogues thereof as
the board deems necessary: PROVIDED, That the Washington professional educator standards board shall determine the
requisites for and give program approval of all courses leading to teacher certification by such board.
(4) Establish such divisions, schools or departments necessary to carry out the purposes of the college and not otherwise proscribed by law.
(5) Except as otherwise provided by law, may establish
and erect such new facilities as determined by the board to be
necessary for the college.
(6) May acquire real and other property as provided in
RCW 28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase
all supplies and purchase or lease equipment and other personal property needed for the operation or maintenance of the
college.
(8) May establish, lease, operate, equip and maintain
self-supporting facilities in the manner provided in RCW
28B.10.300 through 28B.10.330, as now or hereafter
amended.
(9) Except as otherwise provided by law, to enter into
such contracts as the trustees deem essential to college purposes.
(10) May receive such gifts, grants, conveyances,
devises and bequests of real or personal property from whatsoever source, as may be made from time to time, in trust or
otherwise, whenever the terms and conditions thereof will aid
in carrying out the college programs; sell, lease or exchange,
invest or expend the same or the proceeds, rents, profits and
income thereof except as limited by the terms and conditions
thereof; and adopt regulations to govern the receipt and
expenditure of the proceeds, rents, profits and income
thereof.
(11) Subject to the approval of the higher education
coordinating board pursuant to RCW 28B.76.230, offer new
degree programs, offer off-campus programs, participate in
consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.
(12) May promulgate such rules and regulations, and
perform all other acts not forbidden by law, as the board of
trustees may in its discretion deem necessary or appropriate
to the administration of the college. [2006 c 263 § 825; 2004
c 275 § 56; 1985 c 370 § 95; 1977 ex.s. c 169 § 68; 1969 ex.s.
c 223 § 28B.40.120. Prior: 1909 c 97 p 252 § 4; RRS § 4607;
prior: 1905 c 85 § 1; 1897 c 118 § 215; 1893 c 107 § 4. Formerly RCW 28.81.050.]
28B.40.120
[Title 28B RCW—page 134]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.40.190 Trustees—Fire protection services. Subject to the provisions of RCW 35.21.779, the board of trustees of The Evergreen State College may:
(1) Contract for such fire protection services as may be
necessary for the protection and safety of the students, staff
and property of the college;
(2) By agreement pursuant to the provisions of chapter
239, Laws of 1967 (chapter 39.34 RCW), as now or hereafter
amended, join together with other agencies or political subdivisions of the state or federal government and otherwise
share in the accomplishment of any of the purposes of subsection (1) of this section:
PROVIDED, HOWEVER, That neither the failure of the
trustees to exercise any of its powers under this section nor
anything herein shall detract from the lawful and existing
powers and duties of political subdivisions of the state to provide the necessary fire protection equipment and services to
persons and property within their jurisdiction. [1992 c 117 §
2; 1977 ex.s. c 169 § 69; 1970 ex.s. c 15 § 28.]
28B.40.190
Findings—1992 c 117: See note following RCW 35.21.775.
Additional notes found at www.leg.wa.gov
28B.40.195 Treasurer—Appointment, term, duties,
bonds. Each board of state college trustees shall appoint a
treasurer who shall be the financial officer of the board and
who shall hold office during the pleasure of the board. Each
treasurer shall render a true and faithful account of all moneys received and paid out by him, and shall give bond for the
faithful performance of the duties of his office in such
amount as the trustees require: PROVIDED, That the respective colleges shall pay the fees for any such bonds. [1977 c
52 § 1.]
28B.40.195
Regional universities—Designation: RCW 28B.35.010.
28B.40.196 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.40.196
28B.40.200 Bachelor degrees authorized. The degree
of bachelor of arts or the degree of bachelor of science and/or
the degree of bachelor of arts in education may be granted to
any student who has completed a four-year course of study or
the equivalent thereof in The Evergreen State College. [1977
ex.s. c 169 § 70; 1969 ex.s. c 223 § 28B.40.200. Prior: 1967
c 231 § 1; 1967 c 47 § 7; 1947 c 109 § 1; 1933 c 13 § 1; Rem.
Supp. 1947 § 4618-1. Formerly RCW 28.81.052;
28.81.050(16).]
28B.40.200
Additional notes found at www.leg.wa.gov
28B.40.206 Degrees through master’s degrees authorized—Limitations—Honorary bachelor’s or master’s
degrees. In addition to all other powers and duties given to
them by law, the board of trustees of The Evergreen State
College is hereby authorized to grant any degree through the
28B.40.206
(2010 Ed.)
The Evergreen State College
master’s degree to any student who has completed a program
of study and/or research in those areas which are determined
by the faculty and board of trustees of the college to be appropriate for the granting of such degree: PROVIDED, That any
degree authorized under this section shall be subject to the
review and approval of the higher education coordinating
board.
The board of trustees, upon recommendation of the faculty, may also confer honorary bachelor’s or master’s degrees
upon persons other than graduates of the institution, in recognition of their learning or devotion to education, literature,
art, or science. No degree may be conferred in consideration
of the payment of money or the donation of any kind of property. [1991 c 58 § 3; 1985 c 370 § 85; 1979 ex.s. c 78 § 1.]
Additional notes found at www.leg.wa.gov
28B.40.370
28B.40.310
28B.40.310 Model schools and training departments—Requisitioning of pupils—President may refuse
admission. It shall thereupon be the duty of the board of the
school district or districts with which such statement has been
filed, to apportion for attendance to the said model school or
training department, a sufficient number of pupils from the
public schools under the supervision of said board as will furnish to The Evergreen State College the number of pupils
required in order to maintain such facility: PROVIDED,
That the president of said state college may refuse to accept
any such pupil as in his judgment would tend to reduce the
efficiency of said model school or training department.
[1977 ex.s. c 169 § 75; 1969 ex.s. c 223 § 28B.40.310. Prior:
1907 c 97 § 2; RRS § 4613. Formerly RCW 28.81.060.]
Additional notes found at www.leg.wa.gov
28B.40.315
28B.40.230
28B.40.230 Certificates, diplomas—Signing—Contents. Every diploma issued by The Evergreen State College
shall be signed by the chairman of the board of trustees and
by the president of the state college, and sealed with the
appropriate seal. In addition to the foregoing, teaching certificates shall be countersigned by the state superintendent of
public instruction. Every certificate shall specifically state
what course of study the holder has completed and for what
length of time such certificate is valid in the schools of the
state. [1977 ex.s. c 169 § 72; 1969 ex.s. c 223 § 28B.40.230.
Prior: 1917 c 128 § 4; 1909 c 97 p 254 § 9; RRS § 4615;
prior: 1897 c 118 § 220; 1895 c 146 § 2; 1893 c 107 § 13.
Formerly RCW 28.81.056; 28.81.050(15).]
Additional notes found at www.leg.wa.gov
28B.40.300
28B.40.300 Model schools and training departments—Purpose. A model school or schools or training
departments may be provided for The Evergreen State College, in which students, before graduation, may have actual
practice in teaching or courses relative thereto under the
supervision and observation of critic teachers. All schools or
departments involved herewith shall organize and direct their
work being cognizant of public school needs. [1977 ex.s. c
169 § 73; 1969 ex.s. c 223 § 28B.40.300. Prior: 1917 c 128 §
2; 1909 c 97 p 253 § 8; RRS § 4611; prior: 1897 c 118 § 219;
1893 c 107 § 12. Formerly RCW 28.81.058; 28.81.050(12).]
Additional notes found at www.leg.wa.gov
28B.40.305
28B.40.305 Model schools and training departments—Trustees to estimate number of pupils required.
The board of trustees of The Evergreen State College, if having a model school or training department as authorized by
RCW 28B.40.300, shall, on or before the first Monday of
September of each year, file with the board of the school district or districts in which such state college is situated, a certified statement showing an estimate of the number of public
school pupils who will be required to make up such model
school and specifying the number required for each grade for
which training for students is required. [1977 ex.s. c 169 §
74; 1969 ex.s. c 223 § 28B.40.305. Prior: 1907 c 97 § 1; RRS
§ 4612. Formerly RCW 28.81.059; 28.81.050(13).]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28B.40.315 Model schools and training departments—Report of attendance. Annually, on or before the
date for reporting the school attendance of the school district
in which said model school or training department is situated,
for the purpose of taxation for the support of the common
schools, the board of trustees of The Evergreen State College,
since having supervision over the same, shall file with the
board of the school district or districts, in which such model
school or training department is situated, a report showing the
number of common school pupils at each such model school
or training department during the school year last passed, and
the period of their attendance in the same form that reports of
public schools are made. Any superintendent of the school
district so affected shall, in reporting the attendance in said
school district, segregate the attendance at said model school
or training department, from the attendance in the other
schools of said district: PROVIDED, That attendance shall
be credited, if credit be given therefor, to the school district in
which the pupil resides. [1977 ex.s. c 169 § 76; 1969 ex.s. c
223 § 28B.40.315. Prior: 1917 c 128 § 3; 1907 c 97 § 3; RRS
§ 4614. Formerly RCW 28.81.061; 28.81.050(14).]
Additional notes found at www.leg.wa.gov
28B.40.320
28B.40.320 High-technology education and training.
See chapter 28B.65 RCW.
28B.40.350
28B.40.350 Suspension and expulsion. Any student
may be suspended or expelled from The Evergreen State College who is found to be guilty of an infraction of the regulations of the institution. [1977 ex.s. c 169 § 77; 1969 ex.s. c
223 § 28B.40.350. Prior: 1961 ex.s. c 13 § 2, part; prior: (i)
1909 c 97 p 255 § 13; RRS § 4620. (ii) 1921 c 136 § 1, part;
1905 c 85 § 3, part; RRS § 4616, part. Formerly RCW
28.81.070.]
Additional notes found at www.leg.wa.gov
28B.40.360
28B.40.360 State college fees.
RCW.
See chapter 28B.15
28B.40.370
28B.40.370 Disposition of building fees and normal
school fund revenues—Bond payments—Capital projects
accounts. See RCW 28B.35.370.
[Title 28B RCW—page 135]
28B.40.390
Title 28B RCW: Higher Education
28B.40.390 Duties of president. The president of The
Evergreen State College shall have general supervision of the
college and see that all laws and rules of the board of trustees
are observed. [1977 ex.s. c 169 § 81; 1969 ex.s. c 223 §
28B.40.390. Prior: 1909 c 97 p 253 § 7; RRS § 4610; prior:
1897 c 118 § 218; 1893 c 107 § 7. Formerly RCW
28.81.110.]
28B.40.390
Additional notes found at www.leg.wa.gov
28B.40.810 The Evergreen State College—Established. There is hereby established in Thurston county a state
college, The Evergreen State College. [1969 ex.s. c 223 §
28B.40.810. Prior: 1967 c 47 § 2. Formerly RCW
28.81.610.]
28B.40.810
Legislative declaration of purpose: See 1967 c 47 § 1.
Site selection and initial procedure to prepare college for reception of students: See 1967 c 47 § 4.
28B.40.820 The Evergreen State College—Trustees—Appointment—Terms. The terms of office and date
of commencement thereof of the five member board of trustees of The Evergreen State College appointed by the governor prior to August 1, 1967, shall be the same as prescribed
by law for trustees of state colleges under RCW 28B.40.100,
as now or hereafter amended, except that initial appointments
shall be for terms as follows: One for two years, one for three
years, one for four years, one for five years, and one for six
years. [1969 ex.s. c 223 § 28B.40.820. Prior: 1967 c 47 § 3.
Formerly RCW 28.81.620.]
28B.40.820
28B.40.500 Annuities and retirement income plans
for faculty members. See RCW 28B.10.400 through
28B.10.423.
28B.40.500
28B.40.505 Tax deferred annuities for employees.
See RCW 28B.10.480.
28B.40.505
FINANCING BUILDINGS AND FACILITIES—1961 ACT
28B.40.700 Construction, remodeling, improvement,
financing, etc.—Authorized. See RCW 28B.35.700.
28B.40.700
28B.40.830 The Evergreen State College—Trustees,
powers and duties—Existing statutes as applicable to college—Federal benefits and donations. The board of trustees of The Evergreen State College shall have all the powers
and duties as are presently or may hereafter be granted to
existing state colleges by law. All statutes pertaining to the
existing state colleges shall have full force and application to
The Evergreen State College.
The Evergreen State College is hereby deemed entitled
to receive and share in all the benefits and donations made
and given to similar institutions by the enabling act or other
federal law to the same extent as other state colleges are entitled to receive and share in such benefits and donations.
[1969 ex.s. c 223 § 28B.40.830. Prior: 1967 c 47 § 5. Formerly RCW 28.81.630.]
28B.40.830
28B.40.710 Definitions.
28B.40.710
See RCW 28B.35.710.
28B.40.720 Contracts, issuance of evidences of
indebtedness, bonds, acceptance of grants. See RCW
28B.35.720.
28B.40.720
28B.40.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds. See RCW
28B.35.730.
28B.40.730
28B.40.740 Disposition of building fees and normal
school fund revenues—Bond payments, etc. See RCW
28B.35.370.
28B.40.740
28B.40.750 Funds payable into bond retirement
funds—Pledge of building fees. See RCW 28B.35.750.
28B.40.750
28B.40.751 Disposition of certain normal school fund
revenues. See RCW 28B.35.751.
28B.40.751
28B.40.760 Additional powers of board—Issuance of
bonds, investments, transfer of funds, etc. See RCW
28B.35.760.
28B.40.760
28B.40.770 Refunding bonds. See RCW 28B.35.770.
28B.40.770
28B.40.780 Bonds not general obligation—Legislature may provide additional means of payment. See
RCW 28B.35.780.
28B.40.780
28B.40.790 Other laws not repealed or limited.
RCW 28B.35.790.
28B.40.790
See
28B.40.795 Acquisition, construction, equipping and
betterment of lands, buildings and facilities at universities
and The Evergreen State College. See RCW 28B.10.300
through 28B.10.330.
28B.40.795
[Title 28B RCW—page 136]
Chapter 28B.45
Chapter 28B.45 RCW
BRANCH CAMPUSES
Sections
28B.45.010
28B.45.012
28B.45.014
Legislative findings.
Findings—Intent.
Mission—Collaboration with community and technical colleges—Alternative models—Legislative intent—Monitoring and evaluation—Reports to the legislature.
28B.45.020 University of Washington Tacoma—University of Washington Bothell.
28B.45.0201 Findings.
28B.45.030 Washington State University—Tri-Cities area.
28B.45.040 Washington State University Vancouver.
28B.45.060 Central Washington University—Yakima area.
28B.45.080 Partnership between community and technical colleges and
branch campuses.
28B.45.010 Legislative findings. The legislature finds
that the benefits of higher education should be more widely
available to the citizens of the state of Washington. The legislature also finds that a citizen’s place of residence can
restrict that citizen’s access to educational opportunity at the
upper division and graduate level.
Because most of the state-supported baccalaureate universities are located in areas removed from major metropolitan areas, the legislature finds that many of the state’s citi28B.45.010
(2010 Ed.)
Branch Campuses
zens, especially those citizens residing in the central Puget
Sound area, the Tri-Cities, Spokane, Vancouver, and
Yakima, have insufficient and inequitable access to upperdivision baccalaureate and graduate education.
This lack of sufficient educational opportunities in urban
areas makes it difficult or impossible for place-bound individuals, who are unable to relocate, to complete a baccalaureate or graduate degree. It also exacerbates the difficulty
financially needy students have in attending school, since
many of those students need to work, and work is not always
readily available in some communities where the baccalaureate institutions of higher education are located.
The lack of sufficient educational opportunities in metropolitan areas also affects the economy of the underserved
communities. Businesses benefit from access to the research
and teaching capabilities of institutions of higher education.
The absence of these institutions from some of the state’s
major urban centers prevents beneficial interaction between
businesses in these communities and the state’s universities.
The Washington state master plan for higher education,
adopted by the higher education coordinating board, recognizes the need to expand upper-division and graduate educational opportunities in the state’s large urban centers. The
board has also attempted to provide a means for helping to
meet future educational demand through a system of branch
campuses in the state’s major urban areas.
The legislature endorses the assignment of responsibility
to serve these urban centers that the board has made to various institutions of higher education. The legislature also
endorses the creation of branch campuses for the University
of Washington and Washington State University.
The legislature recognizes that, among their other
responsibilities, the state’s comprehensive community colleges share with the four-year universities and colleges the
responsibility of providing the first two years of a baccalaureate education. It is the intent of the legislature that the fouryear institutions and the community colleges work as cooperative partners to ensure the successful and efficient operation
of the state’s system of higher education. The legislature further intends that the four-year institutions work cooperatively
with the community colleges to ensure that branch campuses
are operated as models of a two plus two educational system.
[1989 1st ex.s. c 7 § 1.]
28B.45.012
28B.45.012 Findings—Intent. (1) In 1989, the legislature created five branch campuses to be operated by the
state’s two public research universities. Located in growing
urban areas, the branch campuses were charged with two
missions:
(a) Increasing access to higher education by focusing on
upper division and graduate programs, targeting placebound
students, and operating as models of a two plus two educational system in cooperation with the community colleges;
and
(b) Promoting regional economic development by
responding to demand for degrees from local businesses and
supporting regional economies through research activities.
(2) Fifteen years later, the legislature finds that branch
campuses are responding to their original mission:
(2010 Ed.)
28B.45.014
(a) Branch campuses accounted for half of statewide
upper division and graduate public enrollment growth since
1990;
(b) Branch campuses have grown steadily and enroll
increasing numbers of transfer students each year;
(c) Branch campuses enroll proportionately more older
and part-time students than their main campuses and attract
increasing proportions of students from nearby counties;
(d) Although the extent of their impact has not been measured, branch campuses positively affect local economies and
offer degree programs that roughly correspond with regional
occupational projections; and
(e) The capital investments made by the state to support
branch campuses represent a significant benefit to regional
economic development.
(3) However, the legislature also finds the policy landscape in higher education has changed since the original creation of the branch campuses. Demand for access to baccalaureate and graduate education is increasing rapidly. Economic development efforts increasingly recognize the
importance of focusing on local and regional economic clusters and improving collaboration among communities, businesses, and colleges and universities. Each branch campus
has evolved into a unique institution, and it is appropriate to
assess the nature of this evolution to ensure the role and mission of each campus is aligned with the state’s higher education goals and the needs of the region where the campus is
located.
(4) Therefore, it is the legislature’s intent to recognize
the unique nature of Washington’s higher education branch
campuses, reaffirm the role and mission of each, and set the
course for their continued future development.
(5) It is the further intent of the legislature that the campuses be identified by the following names: University of
Washington Bothell, University of Washington Tacoma,
Washington State University Tri-Cities, and Washington
State University Vancouver. [2004 c 57 § 1.]
28B.45.014 Mission—Collaboration with community
and technical colleges—Alternative models—Legislative
intent—Monitoring and evaluation—Reports to the legislature. (1) The primary mission of the higher education
branch campuses created under this chapter remains to
expand access to baccalaureate and master’s level graduate
education in underserved urban areas of the state in collaboration with community and technical colleges. The top priority for each of the campuses is to expand courses and degree
programs for transfer and graduate students. New degree
programs should be driven by the educational needs and
demands of students and the community, as well as the economic development needs of local businesses and employers.
(2) Branch campuses shall collaborate with the community and technical colleges in their region to develop articulation agreements, dual admissions policies, and other partnerships to ensure that branch campuses serve as innovative
models of a two plus two educational system. Other possibilities for collaboration include but are not limited to joint
development of curricula and degree programs, colocation of
instruction, and arrangements to share faculty.
(3) In communities where a private postsecondary institution is located, representatives of the private institution may
28B.45.014
[Title 28B RCW—page 137]
28B.45.020
Title 28B RCW: Higher Education
be invited to participate in the conversation about meeting the
baccalaureate and master’s level graduate needs in underserved urban areas of the state.
(4) However, the legislature recognizes there are alternative models for achieving this primary mission. Some campuses may have additional missions in response to regional
needs and demands. At selected branch campuses, an innovative combination of instruction and research targeted to
support regional economic development may be appropriate
to meet the region’s needs for both access and economic viability. Other campuses should focus on becoming models of
a two plus two educational system through continuous
improvement of partnerships and agreements with community and technical colleges. Still other campuses may be best
suited to transition to a four-year university or be removed
from designation as a branch campus entirely.
(5) The legislature recognizes that size, mix of degree
programs, and proportion of lower versus upper division and
graduate enrollments are factors that affect costs at branch
campuses. However over time, the legislature intends that
branch campuses be funded more similarly to regional universities.
(6) In consultation with the higher education coordinating board, a branch campus may propose legislation to authorize practice-oriented or professional doctoral programs if:
(a) Unique research facilities and equipment are located near
the campus; or (b) the campus can clearly demonstrate student and employer demand in the region that is linked to
regional economic development.
(7) It is not the legislature’s intent to have each campus
chart its own future path without legislative guidance.
Instead, the legislature intends to consider carefully the mission and model of education that best suits each campus and
best meets the needs of students, the community, and the
region. The higher education coordinating board shall monitor and evaluate the addition of lower division students to the
branch campuses and periodically report and make recommendations to the higher education committees of the legislature to ensure the campuses continue to follow the priorities
established under this chapter. [2005 c 258 § 2; 2004 c 57 §
2.]
Findings—Intent—2005 c 258: "(1) Since their creation in 1989, the
research university branch campuses have significantly expanded access to
baccalaureate and graduate education for placebound students in Washington’s urban and metropolitan cities. Furthermore, the campuses have contributed to community revitalization and economic development in their
regions. The campuses have met their overall mission through the development of new degree programs and through collaboration with community
and technical colleges. These findings were confirmed by a comprehensive
review of the campuses by the Washington state institute for public policy in
2002 and 2003, and reaffirmed through legislation enacted in 2004 that
directed four of the campuses to make recommendations for their future evolution.
(2) The self-studies conducted by the University of Washington Bothell, University of Washington Tacoma, Washington State University Tri-Cities, and Washington State University Vancouver reflect thoughtful and strategic planning and involved the input of numerous students, faculty, community and business leaders, community colleges, advisory committees, and
board members. The higher education coordinating board’s careful review
provides a statewide context for the legislature to implement the next stage
of the campuses.
(3) Concurrently, the higher education coordinating board has developed a strategic master plan for higher education that sets a goal of increasing the number of students who earn college degrees at all levels: Associate,
baccalaureate, and graduate. The strategic master plan also sets a goal to
[Title 28B RCW—page 138]
increase the higher education system’s responsiveness to the state’s economic needs.
(4) The legislature finds that to meet both of the master plan’s goals
and to provide adequate educational opportunities for Washington’s citizens,
additional access is needed to baccalaureate degree programs. Expansion of
the four campuses is one strategy for achieving the desired outcomes of the
master plan. Other strategies must also be implemented through service
delivery models that reflect both regional demands and statewide priorities.
(5) Therefore, the legislature intends to increase baccalaureate access
and encourage economic development through overall expansion of upper
division capacity, continued development of two plus two programs in some
areas of the state, authorization of four-year university programs in other
areas of the state, and creation of new types of baccalaureate programs on a
pilot basis. These steps will make significant progress toward achieving the
master plan goals, but the legislature will also continue to monitor the development of the higher education system and evaluate what additional changes
or expansion may be necessary." [2005 c 258 § 1.]
28B.45.020
28B.45.020 University of Washington Tacoma—University of Washington Bothell. (1) The University of
Washington is responsible for ensuring the expansion of baccalaureate and graduate educational programs in the central
Puget Sound area under rules or guidelines adopted by the
higher education coordinating board and in accordance with
proportionality agreements emphasizing access for transfer
students developed with the state board for community and
technical colleges. The University of Washington shall meet
that responsibility through the operation of at least two
branch campuses. One branch campus shall be located in the
Tacoma area. Another branch campus shall be collocated
with Cascadia Community College in the Bothell-Woodinville area.
(2) At the University of Washington Tacoma, a top priority is expansion of upper division capacity for transfer students and graduate capacity and programs. Beginning in the
fall of 2006, the campus may offer lower division courses
linked to specific majors in fields not addressed at local community colleges. The campus shall admit lower division students through coadmission or coenrollment agreements with
a community college, or through direct transfer for students
who have accumulated approximately one year of transferable college credits. In addition to offering lower division
courses linked to specific majors as addressed above, the
campus may also directly admit freshmen and sophomores
gradually and deliberately in accordance with the campus
plan submitted to the higher education coordinating board in
2004.
(3) At the University of Washington Bothell, a top priority is expansion of upper division capacity for transfer students and graduate capacity and programs. The campus shall
also seek additional opportunities to collaborate with and
maximize its collocation [colocation] with Cascadia Community College. Beginning in the fall of 2006, the campus may
offer lower division courses linked to specific majors in
fields not addressed at local community colleges. The campus may admit lower division students through coadmission
or coenrollment agreements with a community college, or
through direct transfer for students who have accumulated
approximately one year of transferable college credits. In
addition to offering lower division courses linked to specific
majors as addressed above, the campus may also directly
admit freshmen and sophomores gradually and deliberately
in accordance with the campus plan submitted to the higher
(2010 Ed.)
Branch Campuses
education coordinating board in 2004. [2005 c 258 § 3; 1994
c 217 § 3; 1989 1st ex.s. c 7 § 3.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Additional notes found at www.leg.wa.gov
28B.45.0201 Findings. The legislature finds that population growth in north King and south Snohomish counties
has created a need to expand higher education and workforce
training programs for the people living and working in those
areas. In keeping with the recommendations of the higher
education coordinating board, the legislature intends to help
address those education and training needs through the creation of Cascadia Community College, expansion of educational opportunities at Lake Washington Technical College,
and support of the University of Washington’s branch campus at Bothell-Woodinville. It is further the intention of the
legislature, in keeping with the higher education coordinating
board recommendations, that the Cascadia Community College and the University of Washington branch campus be collocated, and that the new community college and the University of Washington’s branch campus work in partnership to
ensure that properly prepared students from community colleges and other institutions are able to transfer smoothly to
the branch campus.
The legislature further finds that a governing board for
Cascadia Community College needs to be appointed and confirmed as expeditiously as possible. The legislature intends to
work cooperatively with the governor to facilitate the
appointment and confirmation of trustees for the college.
[1994 c 217 § 1.]
28B.45.0201
Additional notes found at www.leg.wa.gov
28B.45.030 Washington State University—Tri-Cities
area. (1) Washington State University is responsible for providing baccalaureate and graduate level higher education programs to the citizens of the Tri-Cities area, under rules or
guidelines adopted by the higher education coordinating
board and in accordance with proportionality agreements
emphasizing access for transfer students developed with the
state board for community and technical colleges. Washington State University shall meet that responsibility through the
operation of a branch campus in the Tri-Cities area. The
branch campus shall replace and supersede the Tri-Cities university center. All land, facilities, equipment, and personnel
of the Tri-Cities university center shall be transferred from
the University of Washington to Washington State University.
(2) In 2005, the legislature authorized the expansion on a
limited basis of Washington State University’s branch campus in the Tri-Cities area. The legislature authorized the TriCities branch campus to continue providing innovative coadmission and coenrollment options with Columbia Basin College, and to expand its upper-division capacity for transfer
students and graduate capacity and programs. The branch
campus was given authority beginning in fall 2006 to offer
lower-division courses linked to specific majors in fields not
addressed at the local community colleges. The campus was
also authorized to directly admit freshmen and sophomores
for a bachelor’s degree program in biotechnology subject to
approval by the higher education coordinating board. The
28B.45.030
(2010 Ed.)
28B.45.040
legislature finds that the Tri-Cities community is very
engaged in and committed to exploring the further expansion
of Washington State University Tri-Cities branch campus
into a four-year institution and considers this issue to be a top
priority for the larger Tri-Cities region.
(3) Washington State University Tri-Cities shall continue providing innovative coadmission and coenrollment
options with Columbia Basin College, and expand its upper
division capacity for transfer students and graduate capacity
and programs. The campus shall also seek additional opportunities to collaborate with the Pacific Northwest national
laboratory. Beginning in the fall of 2006, the campus may
offer lower division courses linked to specific majors in
fields not addressed at local community colleges. The campus may admit lower division students through coadmission
or coenrollment agreements with a community college, or
through direct transfer for students who have accumulated
approximately one year of transferable college credits. In
addition to offering lower division courses linked to specific
majors as addressed above, the campus may also directly
admit freshmen and sophomores for a bachelor’s degree program in biotechnology subject to approval by the higher education coordinating board.
(4) The Washington State University Tri-Cities branch
campus shall develop a plan for expanding into a four-year
institution and shall identify new degree programs and course
offerings focused on areas of specific need in higher education that exist in southeastern Washington. The branch campus’s plan should examine the resources and talent available
in the Tri-Cities area, including but not limited to resources
and talent available at the Pacific Northwest national laboratory, and how these resources and talent may best be used by
the Tri-Cities branch campus to expand into a four-year institution. The branch campus shall submit its plan to the legislature and the higher education coordinating board by
November 30, 2006.
(5) Beginning in the fall of 2007, the Washington State
University Tri-Cities branch campus may begin, subject to
approval by the higher education coordinating board, admitting lower-division students directly into programs beyond
the biotechnology field that are identified in its plan as being
in high need in southeastern Washington. Such fields may
include but need not be limited to science, engineering and
technology, biomedical sciences, alternative energy, and
computational and information sciences. By gradually and
deliberately admitting freshmen and sophomores in accordance with its plan, increasing transfer enrollment, and coadmitting transfer students, the campus shall develop into a
four-year institution serving the southeastern Washington
region. [2006 c 166 § 1; 2005 c 258 § 4; 1989 1st ex.s. c 7 §
4.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
28B.45.040
28B.45.040 Washington State University Vancouver.
(1) Washington State University is responsible for providing
baccalaureate and graduate level higher education programs
to the citizens of the southwest Washington area, under rules
or guidelines adopted by the higher education coordinating
board and in accordance with proportionality agreements
emphasizing access for transfer students developed with the
[Title 28B RCW—page 139]
28B.45.060
Title 28B RCW: Higher Education
state board for community and technical colleges. Washington State University shall meet that responsibility through the
operation of a branch campus in the southwest Washington
area.
(2) Washington State University Vancouver shall
expand upper division capacity for transfer students and
graduate capacity and programs and continue to collaborate
with local community colleges on coadmission and coenrollment programs. In addition, beginning in the fall of 2006, the
campus may admit lower division students directly. By
simultaneously admitting freshmen and sophomores, increasing transfer enrollment, coadmitting transfer students, and
expanding graduate and professional programs, the campus
shall develop into a four-year institution serving the southwest Washington region. [2005 c 258 § 5; 1989 1st ex.s. c 7
§ 5.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
28B.45.060 Central Washington University—
Yakima area. Central Washington University is responsible
for providing upper-division and graduate level higher education programs to the citizens of the Yakima area, under rules
or guidelines adopted by the higher education coordinating
board. [1989 1st ex.s. c 7 § 7.]
28B.45.060
28B.50.096
28B.50.097
28B.50.098
28B.50.100
28B.50.130
28B.50.140
28B.50.1401
28B.50.1402
28B.50.1403
28B.50.1404
28B.50.1405
28B.50.1406
28B.50.141
28B.50.142
28B.50.143
28B.50.145
28B.50.150
28B.50.195
28B.50.196
28B.50.205
28B.50.215
28B.50.216
28B.50.239
28B.50.242
28B.50.250
28B.50.252
28B.45.080 Partnership between community and
technical colleges and branch campuses. The higher education coordinating board shall adopt performance measures
to ensure a collaborative partnership between the community
and technical colleges and the branch campuses. The partnership shall be one in which the community and technical
colleges prepare students for transfer to the upper-division
programs of the branch campuses and the branch campuses
work with community and technical colleges to enable students to transfer and obtain degrees efficiently. [2004 c 57 §
5; 1989 1st ex.s. c 7 § 8. Formerly RCW 28B.80.510.]
28B.45.080
Legislative findings—1989 1st ex.s. c 7: See RCW 28B.45.010.
Chapter 28B.50 RCW
COMMUNITY AND TECHNICAL COLLEGES
28B.50.254
28B.50.256
28B.50.259
28B.50.271
28B.50.272
28B.50.273
28B.50.274
28B.50.278
28B.50.281
Chapter 28B.50
(Formerly: Community colleges)
Sections
28B.50.010
28B.50.020
28B.50.030
28B.50.040
28B.50.050
28B.50.060
28B.50.070
28B.50.080
28B.50.085
28B.50.090
28B.50.091
28B.50.092
28B.50.093
28B.50.094
28B.50.095
Short title.
Purpose.
Definitions.
College districts enumerated.
State board for community and technical colleges.
Director of the state system of community and technical colleges—Appointment—Term—Qualifications—Salary
and travel expenses—Duties.
College board—Organization—Meetings—Quorum—Biennial report—Fiscal year.
College board—Offices and office equipment, including necessary expenses.
College board—Treasurer—Appointment, duties, bond—
Depository.
College board—Powers and duties.
Board to waive fees for students finishing their high school
education.
Program for military personnel—Restrictions as to high
school completion program.
Program for military personnel—Limitation.
Program for military personnel—Costs of funding.
Registration at more than one community and technical college.
[Title 28B RCW—page 140]
28B.50.282
28B.50.285
28B.50.286
28B.50.301
28B.50.302
28B.50.305
28B.50.306
28B.50.307
28B.50.310
28B.50.311
28B.50.312
28B.50.313
28B.50.320
28B.50.327
28B.50.328
Cooperation with workforce training and education coordinating board.
Electronic job bank.
Appointment of trustees for new college district.
Boards of trustees—Generally.
Boards of trustees—Bylaws, rules, and regulations—Chair
and vice-chair—Terms—Quorum.
Boards of trustees—Powers and duties.
Lake Washington Technical College board of trustees.
Renton Technical College board of trustees.
Bellingham Technical College board of trustees.
Bates Technical College board of trustees.
Clover Park Technical College board of trustees.
Cascadia Community College board of trustees.
Credits—Statewide transfer policy and agreement—Establishment.
Treasurer of board—Duties—Bond.
Vendor payments, advances or reimbursements for.
Community or technical college faculty senate.
Out-of-district residence not to affect enrollment for state
resident.
Intercollegiate coaches—Minimum standards encouraged.
Intercollegiate coaches—Training to promote coaching competence and techniques.
AIDS information—Community and technical colleges.
Overlapping service areas—Regional planning agreements.
Identification and implementation of potential administrative
efficiencies, complementary administrative functions, and
complementary academic programs within regional
area—Plan—Retention of cost savings—Reports.
High-technology education and training.
Video telecommunications programming.
Adult education programs in common school districts, limitations—Certain federal programs, administration.
Districts offering vocational educational programs—Local
advisory committees—Advice on current job needs.
Advisory council on adult education—Work force training
and education coordinating board to monitor.
Facilities shared by vocational-technical institute programs
and K-12 programs.
Program for dislocated forest products workers—Waiver
from tuition and fees.
Opportunity grant program.
Opportunity grant program—Student eligibility—Funding—
Performance measures—Documentation—Annual summary.
Identification of grant-eligible programs of study and other
job training programs—Marketing.
Opportunity partnership program.
Opportunity employment and education center—Opportunity policy work group—Report by college board.
Curriculum development and funding—Use of federal stimulus funding—Reports—Recognized programs of study
under RCW 28B.50.273—Prioritization of workforce
training programs.
Evergreen jobs training account—Grants.
Opportunity express web site.
Opportunity express account.
Title to or all interest in real estate, choses in action and assets
obtained for vocational-technical institute purposes by
school districts—Vest in or assigned to district board—
Exceptions.
Title to or all interest in real estate, choses in action and assets
obtained for vocational-technical institute purposes by
school districts—Vest in or assigned to state board for
community and technical colleges—Exceptions.
Seattle Vocational Institute—Findings.
Seattle Vocational Institute—Mission—Advisory committee
to advise.
Seattle Vocational Institute—Funding.
Community college fees.
Community college fees—Waiver of tuition and fees for
long-term unemployed or underemployed persons—Conditions—Rules.
Resident tuition for participants in community college international student exchange program.
Waiver of the nonresident portion of tuition and fees for students of foreign nations.
Fees and other income—Deposit—Disbursement.
Collection of student tuition and fees—Seattle Vocational
Institute.
Waivers of tuition and fees—Scholarships—Employment of
instructional staff and faculty—Seattle Vocational Institute.
(2010 Ed.)
Community and Technical Colleges
28B.50.330
28B.50.340
28B.50.350
28B.50.360
28B.50.370
28B.50.380
28B.50.390
28B.50.400
28B.50.401
28B.50.402
28B.50.403
28B.50.404
28B.50.405
28B.50.406
28B.50.407
28B.50.409
28B.50.410
28B.50.420
28B.50.430
28B.50.440
28B.50.450
28B.50.455
28B.50.460
28B.50.463
28B.50.465
28B.50.468
28B.50.482
28B.50.484
28B.50.489
28B.50.4891
28B.50.4892
28B.50.4893
28B.50.4894
28B.50.490
28B.50.500
28B.50.510
28B.50.520
28B.50.522
28B.50.528
(2010 Ed.)
Construction, reconstruction, equipping, and demolition of
community and technical college facilities and acquisition
of property—Revenue bond financing—Public bid.
Construction, reconstruction, equipping and demolition of
community and technical college facilities and acquisition
of property—Financing by bonds secured by pledge of
building fees, grants.
Construction, reconstruction, equipping and demolition of
community and technical college facilities and acquisition
of property—Bonds—Requirements.
Construction, reconstruction, equipping, and demolition of
community and technical college facilities and acquisition
of property—Community and technical college capital
projects account—Disposition of building fees.
Construction, reconstruction, equipping and demolition of
community and technical college facilities and acquisition
of property—Bonds—Sources for payment of principal
and interest on—Funds credited to bond retirement fund—
Pledge to collect building fees.
Construction, reconstruction, equipping and demolition of
community college facilities and acquisition of property—
Bonds—Additional powers incident to bond authorization.
Construction, reconstruction, equipping and demolition of
community college facilities and acquisition of property—
Refunding bonds—Authorized—Form, term, issuance,
etc.—Exchange or sale.
Construction, reconstruction, equipping and demolition of
community college facilities and acquisition of property—
Bonds as limited obligation bonds—Additional means to
pay principal and interest on.
Transfer of moneys in community college bond retirement
fund to state general fund—Purpose.
Transfer of moneys in community and technical college bond
retirement fund to state general fund—Exception.
Refunding bonds—Authorized—Limitations.
Refunding bonds—Issuance—Security.
Refunding bonds—Community and technical college refunding bond retirement fund of 1974.
Refunding bonds—Legislature may provide additional
means of payments.
Refunding bonds—Bonds legal investment for public funds.
Bonds—Committee advice and consent prerequisite to issuance.
Rehabilitation services for individuals with disabilities—
Definitions.
Rehabilitation services for individuals with disabilities—
Powers and duties of state agency.
Rehabilitation services for individuals with disabilities—
Acceptance of federal aid.
Construction of chapter when part thereof in conflict with
federal requirements which are condition precedent to
allocation of federal funds.
Cooperative agreements with state and local agencies.
Vocational education of individuals with disabilities—Procedures.
Rehabilitation and job support services—Procedure—Register of eligible individuals and organizations.
Use of false academic credentials—Penalties.
Cost-of-living increases—Academic employees.
Cost-of-living increases—Classified employees.
Accumulated sick leave—Transferred employees of vocational-technical institutes.
Health care service contracts—Transferred employees of
vocational-technical institutes.
Part-time academic employees—State-mandated benefits—
Definitions.
Part-time academic employees—State-mandated benefits—
Reporting eligible employees.
Part-time academic employees—Best practices compensation and employment—Task force—Report.
Part-time academic employees—Sick leave.
Part-time academic employees—Continuous health care eligibility—Employer contributions.
Fiscal management—Powers and duties of officers and agencies.
General provisions for institutions of higher education.
State purchasing and material control, community college
purchases.
Federal funds, receipt of authorized.
Office for adult literacy.
Contracts with adjacent college district for administrative
services.
Chapter 28B.50
28B.50.530
Agreements for use of services or facilities between district
boards of trustees and school boards.
28B.50.531 Dual high school and college credit for secondary career and
technical courses—Agreements.
28B.50.532 Completion of industry certificate or credential—Agreements with skill centers.
28B.50.533 Contracts with common school districts for occupational and
academic programs for high school students—Enrollment
opportunities—Interlocal agreements.
28B.50.534 High school completion pilot program.
28B.50.535 Community or technical college—Issuance of high school
diploma or certificate.
28B.50.536 General educational development test—Rules—Issuance of
certificate of educational competence.
28B.50.551 Leave provisions.
28B.50.553 Attendance incentive program.
28B.50.600 School district bonds—Redemption of by school district to
continue though facility under control of college district
board.
28B.50.601 School district bonds—Redemption—Facilities under
administration of college district board.
28B.50.740 School district bonds—Those issued for community and
technical college facilities not considered indebtedness
under statutory limitations on.
28B.50.795 Bachelor of science in nursing program—University Center
of North Puget Sound.
28B.50.810 Applied baccalaureate degree programs.
28B.50.820 Baccalaureate degree programs—Agreements with regional
universities, branch campuses, or the state college.
28B.50.835 Exceptional faculty awards—Intent.
28B.50.8351 Exceptional faculty awards—"Foundation" defined.
28B.50.837 Exceptional faculty awards—Established—Community and
technical college faculty awards trust fund.
28B.50.839 Exceptional faculty awards—Guidelines—Matching
funds—Donations—Disbursements.
28B.50.841 Exceptional faculty awards—Name of award—Duties of
institution—Use of endowment proceeds.
28B.50.843 Exceptional faculty awards—Determination of award—Collective bargaining.
28B.50.844 Exceptional faculty awards—Eligibility of foundation for
matching funds—Endowment fund management.
28B.50.850 Faculty tenure—Purpose.
28B.50.851 Faculty tenure—Definitions.
28B.50.852 Faculty tenure—Rules and regulations—Award of faculty
tenure—Maximum probationary period.
28B.50.855 Faculty tenure—Written agreement embodying terms of
employment furnished faculty.
28B.50.856 Faculty tenure—Evaluation of probationer by review committee—Progress report, acknowledgment of receipt—
Recommendation as to tenure.
28B.50.857 Faculty tenure—Decision not to renew probationary appointment, notice by appointing authority, when.
28B.50.859 Faculty tenure—Tenure retained upon reduced work load
assignment.
28B.50.860 Faculty tenure—Tenure retained upon administrative
appointment.
28B.50.861 Faculty tenure—Dismissal only for sufficient cause.
28B.50.862 Faculty tenure—Certain grounds constituting sufficient
cause.
28B.50.863 Faculty tenure—Review prior to dismissal—Scope—Recommendations of review committee.
28B.50.864 Faculty tenure—Appeal from decision for dismissal—Procedure.
28B.50.867 Faculty tenure—Tenure rights upon transfer of employment
to another community or technical college.
28B.50.868 Faculty tenure—Faculty members currently employed
granted tenure.
28B.50.869 Faculty tenure—Review committees, composition—Selection of faculty representatives, student representative.
28B.50.870 Faculty tenure—For certain educational programs operated
in state correctional institutions.
28B.50.872 Periodic posttenure evaluation.
28B.50.873 Reduction in force of tenured or probationary faculty members due to financial emergency—Conditions—Procedure—Rights.
28B.50.874 Transfer of administration of vocational-technical institutes
to system of community and technical colleges—Personnel rights.
28B.50.8742 Technical colleges—Employee option to reenroll in public
employees’ benefits trust.
28B.50.8744 Technical colleges—Payment to public employees’ and retirees’ insurance account.
28B.50.875 Laboratory services for the analyzing of samples, public
agencies may contract with college for.
[Title 28B RCW—page 141]
28B.50.010
28B.50.877
28B.50.880
28B.50.890
28B.50.895
28B.50.901
28B.50.902
28B.50.910
28B.50.912
28B.50.913
28B.50.914
28B.50.915
28B.50.917
28B.50.918
28B.50.980
Title 28B RCW: Higher Education
Technical colleges—Purchase of support services from
school districts.
Apprentices—-Recommendations of the state board for community and technical colleges.
Apprentices—Associate degree pathway.
Apprentice education waivers.
Regional higher education consortium management and leadership—Everett Community College—Educational plan.
Centers of excellence.
Severability—1969 ex.s. c 223.
Transfer of powers from superintendent of public instruction
and state board of education to state board for community
and technical colleges.
Transfer of powers from Washington institute for applied
technology to Seattle Vocational Institute.
Transfer of powers from school districts to state board for
community and technical colleges.
Transfer of powers from superintendent of public instruction
to state board for community and technical colleges.
Effective dates—1991 c 238.
Severability—1991 c 238.
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Actions against educational boards—Defense—Costs—Payment of obligations from liability account: RCW 28B.10.840, 28B.10.842.
AIDS information: Chapter 70.24 RCW.
British Columbia—Tuition and fees—Reciprocity with Washington: RCW
28B.15.756 and 28B.15.758.
College in the high school program—Rules: RCW 28A.600.290.
Commercial activities by institutions of higher education—Development of
policies governing: Chapter 28B.63 RCW.
Community education programs: RCW 28A.620.020.
Department of social and health services (including division of vocational
rehabilitation): Chapter 43.20A RCW.
Development of methods and protocols for measuring educational costs—
Schedule of educational cost study reports: RCW 28B.76.310.
Dual credit programs—Annual report: RCW 28A.600.280.
Educational boards, insurance to protect and hold personally harmless:
RCW 28B.10.840, 28B.10.844.
Eye protection, public educational institutions: See RCW 70.100.010
through 70.100.040.
Governing body of recognized student association at college or university,
open public meetings act applicable to: RCW 42.30.200.
Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750
through 28B.15.754.
1972 community college facilities aid—Bond issue: Chapter 28B.56 RCW.
1975 community college general capital projects bond, act: Chapter 28B.58
RCW.
1975 community college special capital projects bond act: Chapter 28B.57
RCW.
Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730
through 28B.15.736.
28B.50.010 Short title. This chapter shall be known as
and may be cited as the community and technical college act
of 1991. [1991 c 238 § 20; 1969 ex.s. c 223 § 28B.50.010.
Prior: 1967 ex.s. c 8 § 1. Formerly RCW 28.85.010.]
28B.50.010
28B.50.020 Purpose. The purpose of this chapter is to
provide for the dramatically increasing number of students
requiring high standards of education either as a part of the
continuing higher education program or for occupational
education and training, or for adult basic skills and literacy
education, by creating a new, independent system of community and technical colleges which will:
(1) Offer an open door to every citizen, regardless of his
or her academic background or experience, at a cost normally
within his or her economic means;
28B.50.020
[Title 28B RCW—page 142]
(2) Ensure that each college district, in coordination with
adjacent college districts, shall offer thoroughly comprehensive educational, training, and service programs to meet the
needs of both the communities and students served by combining high standards of excellence in academic transfer
courses; realistic and practical courses in occupational education, both graded and ungraded; community services of an
educational, cultural, and recreational nature; and adult education, including basic skills and general, family, and workforce literacy programs and services;
(3) Provide for basic skills and literacy education, and
occupational education and technical training in order to prepare students for careers in a competitive workforce;
(4) Provide or coordinate related and supplemental
instruction for apprentices at community and technical colleges;
(5) Provide administration by state and local boards
which will avoid unnecessary duplication of facilities, programs, student services, or administrative functions; and
which will encourage efficiency in operation and creativity
and imagination in education, training, and service to meet
the needs of the community and students;
(6) Allow for the growth, improvement, flexibility and
modification of the community colleges and their education,
training, and service programs as future needs occur; and
(7) Establish firmly that as provided under RCW
28B.50.810, community colleges are, for purposes of academic training, two year institutions, and are an independent,
unique, and vital section of our state’s higher education system, separate from both the common school system and other
institutions of higher learning. [2010 c 246 § 2; 2010 c 245 §
2; 2009 c 64 § 2; 2005 c 258 § 7; 1991 c 238 § 21; 1969 ex.s.
c 261 § 17; 1969 ex.s. c 223 § 28B.50.020. Prior: 1967 ex.s.
c 8 § 2.]
Reviser’s note: This section was amended by 2010 c 245 § 2 and by
2010 c 246 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Intent—2010 c 246: "The legislature finds that Washington’s community and technical college system consists of thirty-four
two-year institutions geographically dispersed across the state to encourage
and enable student access and participation. The legislature also finds that,
compared with other states, Washington’s two-year public participation rate
is ranked as high as fifth in the nation. The legislature further finds that
Washington’s community and technical colleges have been making and are
continuing to make great progress towards system efficiencies and coordination of their efforts through such things as common course numbering, the
student achievement initiative, associate transfer degrees, eLearning and
integrated basic education, skills training, and some common administrative
systems. While maintaining Washington’s recognized leadership in community and technical college education, the legislature intends to provide mechanisms to encourage further efficiencies that will provide cost savings to be
used to enhance student access and success, strengthen academic programs,
and develop and retain high quality faculty through cost-effective partnerships and coordination between institutions, including shared services and
increased complementary programming, as well as structural administrative
efficiencies." [2010 c 246 § 1.]
Findings—Expand on demand—System design plan endorsed—
2010 c 245: "The legislature finds that the state institutions of higher education are providing a high quality education to the citizens of the state. The
legislature further finds that to meet goals of the strategic master plan for
higher education the state needs a higher education system that is capable of
delivering many more degrees. The legislature also finds that expansion of
the system should be based on the proven demands of the citizens and the
marketplace, a concept called "expand on demand." The legislature further
finds that the higher education coordinating board, in collaboration with the
(2010 Ed.)
Community and Technical Colleges
state board for community and technical colleges, the two-year and four-year
institutions of higher education, and other stakeholders developed a system
design plan that contains seven guiding principles for system expansion,
focuses near-term enrollment growth at university branch campuses, comprehensive universities, and university centers where existing capacity is
available without new state capital investment, establishes a process for evaluating major new capital expansion, and creates a fund for innovation to foster change and innovation in higher education delivery. The legislature finds
that the strategies in the plan support the concept of expand on demand and
would increase degree production by first reinvesting in higher education to
use existing capacity while also providing long-term strategies to guide decisions on when and where to build new campuses, significantly expand existing sites, and change missions of existing institutions.
The legislature endorses the system design plan, approved by the
higher education coordinating board in November 2009, and adopts the recommendations and strategies in the plan." [2010 c 245 § 1.]
Intent—2009 c 64: "It is the intent of the legislature to allow public
technical colleges under the authority of the state board for community and
technical colleges to offer associate degrees that prepare students for transfer
to bachelor’s degrees in professional fields, subject to rules adopted by the
state board for community and technical colleges." [2009 c 64 § 1.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Additional notes found at www.leg.wa.gov
28B.50.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Adult education" means all education or instruction,
including academic, vocational education or training, basic
skills and literacy training, and "occupational education" provided by public educational institutions, including common
school districts for persons who are eighteen years of age and
over or who hold a high school diploma or certificate. However, "adult education" shall not include academic education
or instruction for persons under twenty-one years of age who
do not hold a high school degree or diploma and who are
attending a public high school for the sole purpose of obtaining a high school diploma or certificate, nor shall "adult education" include education or instruction provided by any
four-year public institution of higher education.
(2) "Applied baccalaureate degree" means a baccalaureate degree awarded by a college under RCW 28B.50.810 for
successful completion of a program of study that is:
(a) Specifically designed for individuals who hold an
associate of applied science degree, or its equivalent, in order
to maximize application of their technical course credits
toward the baccalaureate degree; and
(b) Based on a curriculum that incorporates both theoretical and applied knowledge and skills in a specific technical
field.
(3) "Board" means the workforce training and education
coordinating board.
(4) "Board of trustees" means the local community and
technical college board of trustees established for each college district within the state.
(5) "Center of excellence" means a community or technical college designated by the college board as a statewide
leader in industry-specific, community and technical college
workforce education and training.
(6) "College board" means the state board for community and technical colleges created by this chapter.
(7) "Common school board" means a public school district board of directors.
28B.50.030
(2010 Ed.)
28B.50.030
(8) "Community college" includes those higher education institutions that conduct education programs under RCW
28B.50.020.
(9) "Director" means the administrative director for the
state system of community and technical colleges.
(10) "Dislocated forest product worker" means a forest
products worker who: (a)(i) Has been terminated or received
notice of termination from employment and is unlikely to
return to employment in the individual’s principal occupation
or previous industry because of a diminishing demand for his
or her skills in that occupation or industry; or (ii) is selfemployed and has been displaced from his or her business
because of the diminishing demand for the business’ services
or goods; and (b) at the time of last separation from employment, resided in or was employed in a rural natural resources
impact area.
(11) "Dislocated salmon fishing worker" means a finfish
products worker who: (a)(i) Has been terminated or received
notice of termination from employment and is unlikely to
return to employment in the individual’s principal occupation
or previous industry because of a diminishing demand for his
or her skills in that occupation or industry; or (ii) is selfemployed and has been displaced from his or her business
because of the diminishing demand for the business’s services or goods; and (b) at the time of last separation from
employment, resided in or was employed in a rural natural
resources impact area.
(12) "District" means any one of the community and
technical college districts created by this chapter.
(13) "Forest products worker" means a worker in the forest products industries affected by the reduction of forest
fiber enhancement, transportation, or production. The workers included within this definition shall be determined by the
employment security department, but shall include workers
employed in the industries assigned the major group standard
industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs,
transportation of logs and wood products, processing of wood
products, and the manufacturing and distribution of wood
processing and logging equipment. The commissioner may
adopt rules further interpreting these definitions. For the purposes of this subsection, "standard industrial classification
code" means the code identified in *RCW 50.29.025(3).
(14) "High employer demand program of study" means
an apprenticeship, or an undergraduate or graduate certificate
or degree program in which the number of students prepared
for employment per year from in-state institutions is substantially less than the number of projected job openings per year
in that field, statewide or in a substate region.
(15) "K-12 system" means the public school program
including kindergarten through the twelfth grade.
(16) "Occupational education" means education or training that will prepare a student for employment that does not
require a baccalaureate degree, and education and training
that will prepare a student for transfer to bachelor’s degrees
in professional fields, subject to rules adopted by the college
board.
(17) "Qualified institutions of higher education" means:
(a) Washington public community and technical colleges;
[Title 28B RCW—page 143]
28B.50.040
Title 28B RCW: Higher Education
(b) Private career schools that are members of an accrediting association recognized by rule of the higher education
coordinating board for the purposes of chapter 28B.92 RCW;
and
(c) Washington state apprenticeship and training council-approved apprenticeship programs.
(18) "Rural natural resources impact area" means:
(a) A nonmetropolitan county, as defined by the 1990
decennial census, that meets three of the five criteria set forth
in subsection (19) of this section;
(b) A nonmetropolitan county with a population of less
than forty thousand in the 1990 decennial census, that meets
two of the five criteria as set forth in subsection (19) of this
section; or
(c) A nonurbanized area, as defined by the 1990 decennial census, that is located in a metropolitan county that
meets three of the five criteria set forth in subsection (19) of
this section.
(19) For the purposes of designating rural natural
resources impact areas, the following criteria shall be considered:
(a) A lumber and wood products employment location
quotient at or above the state average;
(b) A commercial salmon fishing employment location
quotient at or above the state average;
(c) Projected or actual direct lumber and wood products
job losses of one hundred positions or more;
(d) Projected or actual direct commercial salmon fishing
job losses of one hundred positions or more; and
(e) An unemployment rate twenty percent or more above
the state average. The counties that meet these criteria shall
be determined by the employment security department for the
most recent year for which data is available. For the purposes
of administration of programs under this chapter, the United
States post office five-digit zip code delivery areas will be
used to determine residence status for eligibility purposes.
For the purpose of this definition, a zip code delivery area of
which any part is ten miles or more from an urbanized area is
considered nonurbanized. A zip code totally surrounded by
zip codes qualifying as nonurbanized under this definition is
also considered nonurbanized. The office of financial management shall make available a zip code listing of the areas to
all agencies and organizations providing services under this
chapter.
(20) "Salmon fishing worker" means a worker in the finfish industry affected by 1994 or future salmon disasters.
The workers included within this definition shall be determined by the employment security department, but shall
include workers employed in the industries involved in the
commercial and recreational harvesting of finfish including
buying and processing finfish. The commissioner may adopt
rules further interpreting these definitions.
(21) "System" means the state system of community and
technical colleges, which shall be a system of higher education.
(22) "Technical college" includes those higher education
institutions with the mission of conducting occupational education, basic skills, literacy programs, and offering on short
notice, when appropriate, programs that meet specific industry needs. For purposes of this chapter, technical colleges
shall include Lake Washington Vocational-Technical Insti[Title 28B RCW—page 144]
tute, Renton Vocational-Technical Institute, Bates Vocational-Technical Institute, Clover Park Vocational Institute,
and Bellingham Vocational-Technical Institute. [2009 c 353
§ 1; 2009 c 151 § 3; 2009 c 64 § 3; 2007 c 277 § 301; 2005 c
258 § 8; 2003 2nd sp.s. c 4 § 33; 1997 c 367 § 13; 1995 c 226
§ 17; 1992 c 21 § 5. Prior: 1991 c 315 § 15; 1991 c 238 § 22;
1985 c 461 § 14; 1982 1st ex.s. c 53 § 24; 1973 c 62 § 12;
1969 ex.s. c 261 § 18; 1969 ex.s. c 223 § 28B.50.030; prior:
1967 ex.s. c 8 § 3.]
Reviser’s note: *(1) Reference to the "standard industrial classification
code" in RCW 50.29.025(3) was eliminated by section 14, chapter 3, Laws
of 2009, and section 2, chapter 493, Laws of 2009.
(2) The definitions in this section have been alphabetized pursuant to
RCW 1.08.015(2)(k).
(3) This section was amended by 2009 c 64 § 3, 2009 c 151 § 3, and by
2009 c 353 § 1, each without reference to the other. All amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—2009 c 64: See note following RCW 28B.50.020.
Findings—Part headings not law—2007 c 277: See notes following
RCW 28B.50.271.
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Conflict with federal requirements—Severability—Effective date—
2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Intent—1991 c 315: "The legislature finds that:
(1) The economic health and well-being of timber-dependent communities is of substantial public concern. The significant reduction in annual
timber harvest levels likely will result in reduced economic activity and persistent unemployment and underemployment over time, which would be a
serious threat to the safety, health, and welfare of residents of the timber
impact areas, decreasing the value of private investments and jeopardizing
the sources of public revenue.
(2) Timber impact areas are most often located in areas that are experiencing little or no economic growth, creating an even greater risk to the
health, safety, and welfare of these communities. The ability to remedy
problems caused by the substantial reduction in harvest activity is beyond the
power and control of the regulatory process and influence of the state, and
the ordinary operations of private enterprise without additional governmental assistance are insufficient to adequately remedy the resulting problems of
poverty and unemployment.
(3) To address these concerns, it is the intent of the legislature to
increase training and retraining services accessible to timber impact areas,
and provide for coordination of noneconomic development services in timber impact areas as economic development efforts will not succeed unless
social, housing, health, and other needs are addressed." [1991 c 315 § 1.]
Additional notes found at www.leg.wa.gov
28B.50.040 College districts enumerated. The state of
Washington is hereby divided into thirty college districts as
follows:
(1) The first district shall encompass the counties of Clallam and Jefferson;
(2) The second district shall encompass the counties of
Grays Harbor and Pacific;
(3) The third district shall encompass the counties of Kitsap and Mason;
(4) The fourth district shall encompass the counties of
San Juan, Skagit and Island;
(5) The fifth district shall encompass Snohomish county
except for the Northshore common school district and that
portion encompassed by the twenty-third district created in
subsection (23) of this section: PROVIDED, That the fifth
district shall encompass the Everett Community College;
(6) The sixth district shall encompass the present boundaries of the common school districts of Seattle and Vashon
Island, King county;
28B.50.040
(2010 Ed.)
Community and Technical Colleges
(7) The seventh district shall encompass the present
boundary of the common school district of Shoreline in King
county;
(8) The eighth district shall encompass the present
boundaries of the common school districts of Bellevue,
Issaquah, Mercer Island, Skykomish and Snoqualmie, King
county;
(9) The ninth district shall encompass the present boundaries of the common school districts of Federal Way,
Highline and South Central, King county;
(10) The tenth district shall encompass the present
boundaries of the common school districts of Auburn, Black
Diamond, Renton, Enumclaw, Kent, Lester and Tahoma,
King county, and the King county portion of Puyallup common school district No. 3;
(11) The eleventh district shall encompass all of Pierce
county, except for the present boundaries of the common
school districts of Tacoma and Peninsula;
(12) The twelfth district shall encompass Lewis county,
the Rochester common school district No. 401, the Tenino
common school district No. 402 of Thurston county, and the
Thurston county portion of the Centralia common school district No. 401;
(13) The thirteenth district shall encompass the counties
of Cowlitz, and Wahkiakum;
(14) The fourteenth district shall encompass the counties
of Clark, Skamania and that portion of Klickitat county not
included in the sixteenth district;
(15) The fifteenth district shall encompass the counties
of Chelan, Douglas and Okanogan;
(16) The sixteenth district shall encompass the counties
of Kittitas, Yakima, and that portion of Klickitat county
included in United States census divisions 1 through 4;
(17) The seventeenth district shall encompass the counties of Ferry, Lincoln (except consolidated school district
105-157-166J and the Lincoln county portion of common
school district 167-202), Pend Oreille, Spokane, Stevens and
Whitman;
(18) The eighteenth district shall encompass the counties
of Adams and Grant, and that portion of Lincoln county comprising consolidated school district 105-157-166J and common school district 167-202;
(19) The nineteenth district shall encompass the counties
of Benton and Franklin;
(20) The twentieth district shall encompass the counties
of Asotin, Columbia, Garfield and Walla Walla;
(21) The twenty-first district shall encompass Whatcom
county;
(22) The twenty-second district shall encompass the
present boundaries of the common school districts of Tacoma
and Peninsula, Pierce county;
(23) The twenty-third district shall encompass that portion of Snohomish county within such boundaries as the state
board for community and technical colleges shall determine:
PROVIDED, That the twenty-third district shall encompass
the Edmonds Community College;
(24) The twenty-fourth district shall encompass all of
Thurston county except the Rochester common school district No. 401, the Tenino common school district No. 402,
and the Thurston county portion of the Centralia common
school district No. 401;
(2010 Ed.)
28B.50.050
(25) The twenty-fifth district shall encompass all of
Whatcom county;
(26) The twenty-sixth district shall encompass the
Northshore, Lake Washington, Bellevue, Mercer Island,
Issaquah, Riverview, Snoqualmie Valley and Skykomish
school districts;
(27) The twenty-seventh district shall encompass the
Renton, Kent, Auburn, Tahoma, and Enumclaw school districts and a portion of the Seattle school district described as
follows: Commencing at a point established by the intersection of the Duwamish river and the south boundary of the
Seattle Community College District (number six) and thence
north along the centerline of the Duwamish river to the west
waterway; thence north along the centerline of the west
waterway to Elliot Bay; thence along Elliot Bay to a line
established by the intersection of the extension of Denny
Way to Elliot Bay; thence east along the line established by
the centerline of Denny Way to Lake Washington; thence
south along the shoreline of Lake Washington to the south
line of the Seattle Community College District; and thence
west along the south line of the Seattle Community College
District to the point of beginning;
(28) The twenty-eighth district shall encompass all of
Pierce county;
(29) The twenty-ninth district shall encompass all of
Pierce county; and
(30) The thirtieth district shall encompass the present
boundaries of the common school districts of Lake Washington and Riverview in King county and Northshore in King
and Snohomish counties. [1994 c 217 § 2; 1991 c 238 § 23;
1988 c 77 § 1; 1981 c 72 § 1; 1973 1st ex.s. c 46 § 7; 1969
ex.s. c 223 § 28B.50.040. Prior: 1967 ex.s. c 8 § 4. Formerly
RCW 28.85.040.]
Findings—1994 c 217: See RCW 28B.45.0201.
Additional notes found at www.leg.wa.gov
28B.50.050
28B.50.050 State board for community and technical
colleges. There is hereby created the "state board for community and technical colleges", to consist of nine members
who represent the geographic diversity of the state, and who
shall be appointed by the governor, with the consent of the
senate. At least two members shall reside east of the Cascade
mountains. In making these appointments, the governor shall
attempt to provide geographic balance and give consideration
to representing labor, business, women, and racial and ethnic
minorities, among the membership of the board. At least one
member of the board shall be from business and at least one
member of the board shall be from labor. The current members of the state board for community college education on
September 1, 1991, shall serve on the state board for community and technical colleges until their terms expire. Successors to these members shall be appointed according to the
terms of this section. A ninth member shall be appointed by
September 1, 1991, for a complete term.
The successors of the members initially appointed shall
be appointed for terms of four years except that a person
appointed to fill a vacancy occurring prior to the expiration of
any term shall be appointed only for the remainder of such
term. Each member shall serve until the appointment and
[Title 28B RCW—page 145]
28B.50.060
Title 28B RCW: Higher Education
qualification of his or her successor. All members shall be
citizens and bona fide residents of the state.
Members of the college board shall be compensated in
accordance with RCW 43.03.240 and shall receive reimbursement for travel expenses in accordance with RCW
43.03.050 and 43.03.060 for each day actually spent in
attending to the duties as a member of the college board.
The members of the college board may be removed by
the governor for inefficiency, neglect of duty, or malfeasance
in office, in the manner provided by RCW 28B.10.500.
[1991 c 238 § 30; 1988 c 76 § 1; 1984 c 287 § 64; 1982 1st
ex.s. c 30 § 9; 1975-’76 2nd ex.s. c 34 § 74; 1973 c 62 § 13;
1969 ex.s. c 261 § 19; 1969 ex.s. c 223 § 28B.50.050. Prior:
1967 ex.s. c 8 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Appointment of director of state system of community and technical colleges,
by: RCW 28B.50.060.
Bond issue for capital projects for community colleges, 1981, board duties:
RCW 28B.59D.010 through 28B.59D.070.
Displaced homemaker act, board participation: RCW 28B.04.080.
Employees of, appointment and employment of: RCW 28B.50.060.
Occupational forecast—Agency consultation: RCW 50.38.030.
Powers and duties: RCW 28B.50.090.
Additional notes found at www.leg.wa.gov
28B.50.060 Director of the state system of community and technical colleges—Appointment—Term—
Qualifications—Salary and travel expenses—Duties. A
director of the state system of community and technical colleges shall be appointed by the college board and shall serve
at the pleasure of the college board. The director shall be
appointed with due regard to the applicant’s fitness and background in education, and knowledge of and recent practical
experience in the field of educational administration particularly in institutions beyond the high school level. The college
board may also take into consideration an applicant’s proven
management background even though not particularly in the
field of education.
The director shall devote his or her time to the duties of
his or her office and shall not have any direct pecuniary interest in or any stock or bonds of any business connected with or
selling supplies to the field of education within this state, in
keeping with chapter 42.52 RCW.
The director shall receive a salary to be fixed by the college board and shall be reimbursed for travel expenses
incurred in the discharge of his or her official duties in accordance with RCW 43.03.050 and 43.03.060.
The director shall be the executive officer of the college
board and serve as its secretary and under its supervision
shall administer the provisions of this chapter and the rules
and orders established thereunder and all other laws of the
state. The director shall attend, but not vote at, all meetings of
the college board. The director shall be in charge of offices of
the college board and responsible to the college board for the
preparation of reports and the collection and dissemination of
data and other public information relating to the state system
of community and technical colleges. At the direction of the
college board, the director shall, together with the chairman
of the college board, execute all contracts entered into by the
college board.
28B.50.060
[Title 28B RCW—page 146]
The director shall, with the approval of the college
board: (1) Employ necessary assistant directors of major
staff divisions who shall serve at the director’s pleasure on
such terms and conditions as the director determines, and (2)
subject to the provisions of chapter 41.06 RCW the director
shall, with the approval of the college board, appoint and
employ such field and office assistants, clerks and other
employees as may be required and authorized for the proper
discharge of the functions of the college board and for whose
services funds have been appropriated.
The board may, by written order filed in its office, delegate to the director any of the powers and duties vested in or
imposed upon it by this chapter. Such delegated powers and
duties may be exercised by the director in the name of the college board. [1994 c 154 § 306; 1991 c 238 § 31; 1975-’76
2nd ex.s. c 34 § 75; 1973 1st ex.s. c 46 § 8; 1973 c 62 § 14;
1969 ex.s. c 261 § 20; 1969 ex.s. c 223 § 28B.50.060. Prior:
1967 ex.s. c 8 § 6.]
High-technology coordinating board, director or designee member of: RCW
28B.65.040.
Additional notes found at www.leg.wa.gov
28B.50.070
28B.50.070 College board—Organization—Meetings—Quorum—Biennial report—Fiscal year. The governor shall make the appointments to the college board.
The college board shall organize, adopt a seal, and adopt
bylaws for its administration, not inconsistent herewith, as it
may deem expedient and may from time to time amend such
bylaws. Annually the board shall elect a chairperson and vice
chairperson; all to serve until their successors are appointed
and qualified. The college board shall at its initial meeting fix
a date and place for its regular meeting. Five members shall
constitute a quorum, and no meeting shall be held with less
than a quorum present, and no action shall be taken by less
than a majority of the college board.
Special meetings may be called as provided by its rules
and regulations. Regular meetings shall be held at the college
board’s established offices in Olympia, but whenever the
convenience of the public or of the parties may be promoted,
or delay or expenses may be prevented, it may hold its meetings, hearings or proceedings at any other place designated
by it. Subject to RCW 40.07.040, the college board shall
transmit a report in writing to the governor biennially which
report shall contain such information as may be requested by
the governor. The fiscal year of the college board shall conform to the fiscal year of the state. [1987 c 505 § 15; 1986 c
130 § 1; 1977 c 75 § 26; 1973 c 62 § 15; 1969 ex.s. c 223 §
28B.50.070. Prior: 1967 ex.s. c 8 § 7. Formerly RCW
28.85.070.]
Fiscal year defined: RCW 43.88.020.
Additional notes found at www.leg.wa.gov
28B.50.080
28B.50.080 College board—Offices and office equipment, including necessary expenses. Suitable offices and
office equipment shall be provided by the state for the college
board in the city of Olympia, and the college board may incur
the necessary expense for office furniture, stationery, printing, incidental expenses, and other expenses necessary for the
administration of this chapter. [1969 ex.s. c 223 §
(2010 Ed.)
Community and Technical Colleges
28B.50.080. Prior: 1967 ex.s. c 8 § 8. Formerly RCW
28.85.080.]
28B.50.085 College board—Treasurer—Appointment, duties, bond—Depository. The state board for community and technical colleges shall appoint a treasurer who
shall be the financial officer of the board, who shall make
such vendor payments and salary payments for the entire
community and technical college system as authorized by the
state board, and who shall hold office during the pleasure of
the board. All moneys received by the state board and not
required to be deposited elsewhere, shall be deposited in a
depository selected by the board, which moneys shall be subject to the budgetary and audit provisions of law applicable to
state agencies. The depository selected by the state board
shall conform to the collateral requirements required for the
deposit of other state funds. Disbursement shall be made by
check signed by the treasurer. The treasurer shall render a
true and faithful account of all moneys received and paid out
by him or her and shall give bond for the faithful performance
of the duties of his or her office in such amount as the board
requires: PROVIDED, That the board shall pay the fee for
any such bonds. [1991 c 238 § 32; 1981 c 246 § 4.]
28B.50.085
Additional notes found at www.leg.wa.gov
28B.50.090 College board—Powers and duties. The
college board shall have general supervision and control over
the state system of community and technical colleges. In
addition to the other powers and duties imposed upon the college board by this chapter, the college board shall be charged
with the following powers, duties and responsibilities:
(1) Review the budgets prepared by the boards of trustees, prepare a single budget for the support of the state system
of community and technical colleges and adult education, and
submit this budget to the governor as provided in RCW
43.88.090;
(2) Establish guidelines for the disbursement of funds;
and receive and disburse such funds for adult education and
maintenance and operation and capital support of the college
districts in conformance with the state and district budgets,
and in conformance with chapter 43.88 RCW;
(3) Ensure, through the full use of its authority:
(a) That each college district, in coordination with colleges, within a regional area, shall offer thoroughly comprehensive educational, training, and service programs to meet
the needs of both the communities and students served by
combining high standards of excellence in academic transfer
courses; realistic and practical courses in occupational education, both graded and ungraded; and community services of
an educational, cultural, and recreational nature; and adult
education, including basic skills and general, family, and
workforce literacy programs and services;
(b) That each college district shall maintain an open-door
policy, to the end that no student will be denied admission
because of the location of the student’s residence or because
of the student’s educational background or ability; that, insofar as is practical in the judgment of the college board, curriculum offerings will be provided to meet the educational and
training needs of the community generally and the students
thereof; and that all students, regardless of their differing
28B.50.090
(2010 Ed.)
28B.50.090
courses of study, will be considered, known and recognized
equally as members of the student body: PROVIDED, That
the administrative officers of a community or technical college may deny admission to a prospective student or attendance to an enrolled student if, in their judgment, the student
would not be competent to profit from the curriculum offerings of the college, or would, by his or her presence or conduct, create a disruptive atmosphere within the college not
consistent with the purposes of the institution. This subsection (3)(b) shall not apply to competency, conduct, or presence associated with a disability in a person twenty-one years
of age or younger attending a technical college;
(4) Prepare a comprehensive master plan for the development of community and technical college education and
training in the state; and assist the office of financial management in the preparation of enrollment projections to support
plans for providing adequate college facilities in all areas of
the state. The master plan shall include implementation of
the vision, goals, priorities, and strategies in the statewide
strategic master plan for higher education under RCW
28B.76.200 based on the community and technical college
system’s role and mission. The master plan shall also contain
measurable performance indicators and benchmarks for
gauging progress toward achieving the goals and priorities;
(5) Define and administer criteria and guidelines for the
establishment of new community and technical colleges or
campuses within the existing districts;
(6) Establish criteria and procedures for modifying district boundary lines and consolidating district structures to
form multiple campus districts consistent with the purposes
set forth in RCW 28B.50.020 as now or hereafter amended
and in accordance therewith make such changes as it deems
advisable;
(7) Establish minimum standards to govern the operation
of the community and technical colleges with respect to:
(a) Qualifications and credentials of instructional and
key administrative personnel, except as otherwise provided
in the state plan for vocational education,
(b) Internal budgeting, accounting, auditing, and financial procedures as necessary to supplement the general
requirements prescribed pursuant to chapter 43.88 RCW,
(c) The content of the curriculums and other educational
and training programs, and the requirement for degrees and
certificates awarded by the colleges,
(d) Standard admission policies,
(e) Eligibility of courses to receive state fund support;
(8) Establish and administer criteria and procedures for
all capital construction including the establishment, installation, and expansion of facilities within the various college
districts;
(9) Encourage innovation in the development of new
educational and training programs and instructional methods;
coordinate research efforts to this end; and disseminate the
findings thereof;
(10) Exercise any other powers, duties and responsibilities necessary to carry out the purposes of this chapter;
(11) Authorize the various community and technical colleges to offer programs and courses in other districts when it
determines that such action is consistent with the purposes set
forth in RCW 28B.50.020 as now or hereafter amended;
[Title 28B RCW—page 147]
28B.50.091
Title 28B RCW: Higher Education
(12) Notwithstanding any other law or statute regarding
the sale of state property, sell or exchange and convey any or
all interest in any community and technical college real and
personal property, except such property as is received by a
college district in accordance with RCW 28B.50.140(8),
when it determines that such property is surplus or that such
a sale or exchange is in the best interests of the community
and technical college system;
(13) In order that the treasurer for the state board for
community and technical colleges appointed in accordance
with RCW 28B.50.085 may make vendor payments, the state
treasurer will honor warrants drawn by the state board providing for an initial advance on July 1, 1982, of the current
biennium and on July 1 of each succeeding biennium from
the state general fund in an amount equal to twenty-four percent of the average monthly allotment for such budgeted
biennium expenditures for the state board for community and
technical colleges as certified by the office of financial management; and at the conclusion of such initial month and for
each succeeding month of any biennium, the state treasurer
will reimburse expenditures incurred and reported monthly
by the state board treasurer in accordance with chapter 43.88
RCW: PROVIDED, That the reimbursement to the state
board for actual expenditures incurred in the final month of
each biennium shall be less the initial advance made in such
biennium;
(14) Notwithstanding the provisions of subsection (12)
of this section, may receive such gifts, grants, conveyances,
devises, and bequests of real or personal property from private sources as may be made from time to time, in trust or
otherwise, whenever the terms and conditions thereof will aid
in carrying out the community and technical college programs and may sell, lease or exchange, invest or expend the
same or the proceeds, rents, profits and income thereof
according to the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof; and
(15) The college board shall have the power of eminent
domain. [2010 c 246 § 3; 2009 c 64 § 4; 2004 c 275 § 57;
2003 c 130 § 6; 1991 c 238 § 33; 1982 c 50 § 1; 1981 c 246 §
2; 1979 c 151 § 20; 1977 ex.s. c 282 § 4; 1973 c 62 § 16; 1969
ex.s. c 261 § 21; 1969 ex.s. c 223 § 28B.50.090. Prior: 1967
ex.s. c 8 § 9.]
Findings—Intent—2010 c 246: See note following RCW 28B.50.020.
Intent—2009 c 64: See note following RCW 28B.50.020.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Findings—Intent—2003 c 130: See note following RCW 28B.76.210.
Construction, reconstruction, equipping facilities—Financing: RCW
28B.50.340.
Development of budget: RCW 43.88.090.
Eminent domain: Title 8 RCW.
State budgeting, accounting, and reporting system: Chapter 43.88 RCW.
state board for community and technical colleges may authorize any board of trustees to do all things necessary to conduct an education, training, and service program authorized
by chapter 28B.50 RCW, as now or hereafter amended, for
United States military personnel and their dependents, and
department of defense civilians and their dependents, at any
geographical location: PROVIDED, That such programs
shall be limited to those colleges which conducted programs
for United States military personnel prior to January 1, 1977:
PROVIDED FURTHER, That any high school completion
program conducted pursuant to this section shall comply with
standards set forth in rules and regulations promulgated by
the superintendent of public instruction and the state board of
education: AND PROVIDED FURTHER, That the superintendent of public instruction shall issue the certificate or
diploma in recognition of high school completion education
provided pursuant to this section. [1991 c 238 § 34; 1977
ex.s. c 131 § 1; 1973 c 105 § 1.]
28B.50.093 Program for military personnel—Limitation. Prior to the state board granting authorization for any
programs authorized under RCW 28B.50.092, the state board
shall determine that such authorization will not deter from the
primary functions of the community and technical college
system within the state of Washington as prescribed by chapter 28B.50 RCW. [1991 c 238 § 35; 1973 c 105 § 2.]
28B.50.093
28B.50.094 Program for military personnel—Costs
of funding. The costs of funding programs authorized by
RCW 28B.50.092 through 28B.50.094 shall ultimately be
borne by grants or fees derived from nonstate treasury
sources. [1973 c 105 § 3.]
28B.50.094
28B.50.095 Registration at more than one community and technical college. In addition to other powers and
duties, the college board may issue rules and regulations permitting a student to register at more than one community and
technical college, provided that such student shall pay tuition
and fees as if the student were registered at a single college,
but not to exceed tuition and fees charged a full-time student
as established under chapter 28B.15 RCW. [1995 1st sp.s. c
9 § 11; 1991 c 238 § 36; 1983 c 3 § 40; 1973 c 129 § 1.]
28B.50.095
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
28B.50.096 Cooperation with workforce training and
education coordinating board. The college board shall
cooperate with the workforce training and education coordinating board in the conduct of the board’s responsibilities
under RCW 28C.18.060 and shall provide information and
data in a format that is accessible to the board. [1991 c 238 §
79.]
28B.50.096
Additional notes found at www.leg.wa.gov
28B.50.097 Electronic job bank. (1) The college board
shall create an electronic job bank on its web site to act as a
clearinghouse for people seeking academic teaching positions at the state’s community and technical colleges. The job
bank must be accessible on the internet. Use of the electronic
job bank is not mandatory.
28B.50.097
28B.50.091 Board to waive fees for students finishing
their high school education. See RCW 28B.15.520.
28B.50.091
28B.50.092 Program for military personnel—
Restrictions as to high school completion program. The
28B.50.092
[Title 28B RCW—page 148]
(2010 Ed.)
Community and Technical Colleges
(2) The college board shall include a separate section on
its electronic job bank reserved for the exclusive listing of
part-time academic employment opportunities at state community and technical colleges.
(3) The separate section of the electronic job bank under
subsection (2) of this section must, at a minimum, include an
internet link to each of the following components, if available
from the community or technical college offering the
employment opportunity:
(a) A description of the open position;
(b) A listing of required skills and experience necessary
for the position; and
(c) The district where the employment opening exists.
(4) The college board shall develop a strategy to promote
its electronic job bank to prospective candidates. [2001 c 110
§ 1.]
28B.50.098 Appointment of trustees for new college
district. In the event a new college district is created, the
governor shall appoint new trustees to the district’s board of
trustees in accordance with RCW 28B.50.100. [1991 c 238 §
134.]
28B.50.098
28B.50.100 Boards of trustees—Generally. There is
hereby created a board of trustees for each college district as
set forth in this chapter. Each board of trustees shall be composed of five trustees, who shall be appointed by the governor for terms commencing October 1st of the year in which
appointed. In making such appointments the governor shall
give consideration to geographical diversity, and representing labor, business, women, and racial and ethnic minorities,
in the membership of the boards of trustees. The boards of
trustees for districts containing technical colleges shall
include at least one member from business and one member
from labor.
The successors of the trustees initially appointed shall be
appointed by the governor to serve for a term of five years
except that any person appointed to fill a vacancy occurring
prior to the expiration of any term shall be appointed only for
the remainder of the term. Each member shall serve until a
successor is appointed and qualified.
Every trustee shall be a resident and qualified elector of
the college district. No trustee may be an employee of the
community and technical college system, a member of the
board of directors of any school district, or a member of the
governing board of any public or private educational institution.
Each board of trustees shall organize itself by electing a
chairman from its members. The board shall adopt a seal and
may adopt such bylaws, rules and regulations as it deems
necessary for its own government. Three members of the
board shall constitute a quorum, but a lesser number may
adjourn from time to time and may compel the attendance of
absent members in such manner as prescribed in its bylaws,
rules, or regulations. The district president, or if there be
none, the president of the college, shall serve as, or may designate another person to serve as, the secretary of the board,
who shall not be deemed to be a member of the board.
Members of the boards of trustees may be removed for
misconduct or malfeasance in office in the manner provided
28B.50.100
(2010 Ed.)
28B.50.140
by RCW 28B.10.500. [1991 c 238 § 37; 1987 c 330 § 1001;
1983 c 224 § 1; 1979 ex.s. c 103 § 1; 1977 ex.s. c 282 § 2;
1973 c 62 § 17; 1969 ex.s. c 261 § 22; 1969 ex.s. c 223 §
28B.50.100. Prior: 1967 ex.s. c 8 § 10.]
Chief executive officer as secretary of board: RCW 28B.50.130.
Additional notes found at www.leg.wa.gov
28B.50.130 Boards of trustees—Bylaws, rules, and
regulations—Chair and vice-chair—Terms—Quorum.
Within thirty days of their appointment the various district
boards of trustees shall organize, adopt bylaws for its own
government, and make such rules and regulations not inconsistent with this chapter as they deem necessary. At such
organizational meeting it shall elect from among its members
a chair and vice-chair, each to serve for one year, and annually thereafter shall elect such officers to serve until their successors are appointed or qualified. The chief executive officer
of the college district, or designee, shall serve as secretary of
the board. Three trustees shall constitute a quorum, and no
action shall be taken by less than a majority of the trustees of
the board. The district boards shall transmit such reports to
the college board as may be requested by the college board.
The fiscal year of the district boards shall conform to the fiscal year of the state. [1991 c 238 § 38; 1977 c 75 § 27; 1973
c 62 § 18; 1969 ex.s. c 223 § 28B.50.130. Prior: 1967 ex.s. c
8 § 13. Formerly RCW 28.85.130.]
28B.50.130
District president or president of college as secretary of board: RCW
28B.50.100.
Fiscal year defined: RCW 43.88.020.
Additional notes found at www.leg.wa.gov
28B.50.140 Boards of trustees—Powers and duties.
Each board of trustees:
(1) Shall operate all existing community and technical
colleges in its district;
(2) Shall create comprehensive programs of community
and technical college education and training and maintain an
open-door policy in accordance with the provisions of RCW
28B.50.090(3);
(3) Shall employ for a period to be fixed by the board a
college president for each community and technical college
and, may appoint a president for the district, and fix their
duties and compensation, which may include elements other
than salary. Compensation under this subsection shall not
affect but may supplement retirement, health care, and other
benefits that are otherwise applicable to the presidents as
state employees. The board shall also employ for a period to
be fixed by the board members of the faculty and such other
administrative officers and other employees as may be necessary or appropriate and fix their salaries and duties. Compensation and salary increases under this subsection shall not
exceed the amount or percentage established for those purposes in the state appropriations act by the legislature as allocated to the board of trustees by the state board for community and technical colleges. The state board for community
and technical colleges shall adopt rules defining the permissible elements of compensation under this subsection;
(4) May establish, under the approval and direction of
the college board, new facilities as community needs and
interests demand. However, the authority of boards of trust28B.50.140
[Title 28B RCW—page 149]
28B.50.140
Title 28B RCW: Higher Education
ees to purchase or lease major off-campus facilities shall be
subject to the approval of the higher education coordinating
board pursuant to RCW 28B.76.230;
(5) May establish or lease, operate, equip and maintain
dormitories, food service facilities, bookstores and other selfsupporting facilities connected with the operation of the community and technical college;
(6) May, with the approval of the college board, borrow
money and issue and sell revenue bonds or other evidences of
indebtedness for the construction, reconstruction, erection,
equipping with permanent fixtures, demolition and major
alteration of buildings or other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or
appurtenances, for dormitories, food service facilities, and
other self-supporting facilities connected with the operation
of the community and technical college in accordance with
the provisions of RCW 28B.10.300 through 28B.10.330
where applicable;
(7) May establish fees and charges for the facilities
authorized hereunder, including reasonable rules and regulations for the government thereof, not inconsistent with the
rules of the college board; each board of trustees operating a
community and technical college may enter into agreements,
subject to rules of the college board, with owners of facilities
to be used for housing regarding the management, operation,
and government of such facilities, and any board entering
into such an agreement may:
(a) Make rules for the government, management and
operation of such housing facilities deemed necessary or
advisable; and
(b) Employ necessary employees to govern, manage and
operate the same;
(8) May receive such gifts, grants, conveyances, devises
and bequests of real or personal property from private
sources, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in
carrying out the community and technical college programs
as specified by law and the rules of the state college board;
sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof according to the
terms and conditions thereof; and adopt rules to govern the
receipt and expenditure of the proceeds, rents, profits and
income thereof;
(9) May establish and maintain night schools whenever
in the discretion of the board of trustees it is deemed advisable, and authorize classrooms and other facilities to be used
for summer or night schools, or for public meetings and for
any other uses consistent with the use of such classrooms or
facilities for community and technical college purposes;
(10) May make rules for pedestrian and vehicular traffic
on property owned, operated, or maintained by the district;
(11) Shall prescribe, with the assistance of the faculty,
the course of study in the various departments of the community and technical college or colleges under its control, and
publish such catalogues and bulletins as may become necessary;
(12) May grant to every student, upon graduation or
completion of a course of study, a suitable diploma, degree,
or certificate under the rules of the state board for community
and technical colleges that are appropriate to their mission.
The purposes of these diplomas, certificates, and degrees are
[Title 28B RCW—page 150]
to lead individuals directly to employment in a specific occupation or prepare individuals for a bachelor’s degree or
beyond. Technical colleges may only offer transfer degrees
that prepare students for bachelor’s degrees in professional
fields, subject to rules adopted by the college board. In
adopting rules, the college board, where possible, shall create
consistency between community and technical colleges and
may address issues related to tuition and fee rates; tuition
waivers; enrollment counting, including the use of credits
instead of clock hours; degree granting authority; or any
other rules necessary to offer the associate degrees that prepare students for transfer to bachelor’s degrees in professional areas. Only pilot colleges under *RCW 28B.50.810
may award baccalaureate degrees. The board, upon recommendation of the faculty, may also confer honorary associate
of arts degrees upon persons other than graduates of the community college, in recognition of their learning or devotion to
education, literature, art, or science. No degree may be conferred in consideration of the payment of money or the donation of any kind of property;
(13) Shall enforce the rules prescribed by the state board
for community and technical colleges for the government of
community and technical colleges, students and teachers, and
adopt such rules and perform all other acts not inconsistent
with law or rules of the state board for community and technical colleges as the board of trustees may in its discretion
deem necessary or appropriate to the administration of college districts: PROVIDED, That such rules shall include, but
not be limited to, rules relating to housing, scholarships, conduct at the various community and technical college facilities, and discipline: PROVIDED, FURTHER, That the board
of trustees may suspend or expel from community and technical colleges students who refuse to obey any of the duly
adopted rules;
(14) May, by written order filed in its office, delegate to
the president or district president any of the powers and
duties vested in or imposed upon it by this chapter. Such delegated powers and duties may be exercised in the name of the
district board;
(15) May perform such other activities consistent with
this chapter and not in conflict with the directives of the college board;
(16) Notwithstanding any other provision of law, may
offer educational services on a contractual basis other than
the tuition and fee basis set forth in chapter 28B.15 RCW for
a special fee to private or governmental entities, consistent
with rules adopted by the state board for community and
technical colleges: PROVIDED, That the whole of such special fee shall go to the college district and be not less than the
full instructional costs of such services including any salary
increases authorized by the legislature for community and
technical college employees during the term of the agreement: PROVIDED FURTHER, That enrollments generated
hereunder shall not be counted toward the official enrollment
level of the college district for state funding purposes;
(17) Notwithstanding any other provision of law, may
offer educational services on a contractual basis, charging
tuition and fees as set forth in chapter 28B.15 RCW, counting
such enrollments for state funding purposes, and may additionally charge a special supplemental fee when necessary to
cover the full instructional costs of such services: PRO(2010 Ed.)
Community and Technical Colleges
VIDED, That such contracts shall be subject to review by the
state board for community and technical colleges and to such
rules as the state board may adopt for that purpose in order to
assure that the sum of the supplemental fee and the normal
state funding shall not exceed the projected total cost of offering the educational service: PROVIDED FURTHER, That
enrollments generated by courses offered on the basis of contracts requiring payment of a share of the normal costs of the
course will be discounted to the percentage provided by the
college;
(18) Shall be authorized to pay dues to any association of
trustees that may be formed by the various boards of trustees;
such association may expend any or all of such funds to submit biennially, or more often if necessary, to the governor and
to the legislature, the recommendations of the association
regarding changes which would affect the efficiency of such
association;
(19) May participate in higher education centers and
consortia that involve any four-year public or independent
college or university: PROVIDED, That new degree programs or off-campus programs offered by a four-year public
or independent college or university in collaboration with a
community or technical college are subject to approval by the
h i g h e r e d u c a t i o n c o o r d i n a ti n g b o a r d u n d e r R C W
28B.76.230;
(20) Shall perform any other duties and responsibilities
imposed by law or rule of the state board; and
(21) May confer honorary associate of arts degrees upon
persons who request an honorary degree if they were students
at the college in 1942 and did not graduate because they were
ordered into an internment camp. The honorary degree may
also be requested by a representative of deceased persons
who meet these requirements. For the purposes of this subsection, "internment camp" means a relocation center to
which persons were ordered evacuated by Presidential Executive Order 9066, signed on February 19, 1942. [2010 c 51 §
4; 2009 c 64 § 5; 2005 c 258 § 9; 2004 c 275 § 58; 1997 c 281
§ 1. Prior: 1991 c 238 § 39; 1991 c 58 § 1; 1990 c 135 § 1;
prior: 1987 c 407 § 1; 1987 c 314 § 14; 1985 c 370 § 96; 1981
c 246 § 3; 1979 ex.s. c 226 § 11; 1979 c 14 § 6; prior: 1977
ex.s. c 282 § 5; 1977 c 75 § 28; 1973 c 62 § 19; 1970 ex.s. c
15 § 17; prior: 1969 ex.s. c 283 § 30; 1969 ex.s. c 261 § 23;
1969 ex.s. c 223 § 28B.50.140; prior: 1967 ex.s. c 8 § 14.]
*Reviser’s note: The 2010 c 245 § 3 amendment to RCW 28B.50.810
eliminated the pilot nature of community and technical colleges awarding
baccalaureate degrees.
Intent—2009 c 64: See note following RCW 28B.50.020.
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.50.1401
28B.50.1401 Lake Washington Technical College
board of trustees. There is hereby created a board of trustees for district twenty-six and Lake Washington VocationalTechnical Institute, hereafter known as Lake Washington
Technical College. The members of the board shall be
appointed pursuant to the provisions of RCW 28B.50.100.
[1991 c 238 § 24.]
(2010 Ed.)
28B.50.143
28B.50.1402 Renton Technical College board of
trustees. There is hereby created a board of trustees for district twenty-seven and Renton Vocational-Technical Institute, hereafter known as Renton Technical College. The
members of the board shall be appointed pursuant to the provisions of RCW 28B.50.100. [1991 c 238 § 25.]
28B.50.1402
28B.50.1403 Bellingham Technical College board of
trustees. There is hereby created a board of trustees for district twenty-five and Bellingham Vocational-Technical Institute, hereafter known as Bellingham Technical College. The
members of the board shall be appointed pursuant to the provisions of RCW 28B.50.100. [1991 c 238 § 26.]
28B.50.1403
28B.50.1404 Bates Technical College board of trustees. There is hereby created a new board of trustees for district twenty-eight and Bates Vocational-Technical Institute,
hereafter known as Bates Technical College. The members of
the board shall be appointed pursuant to the provisions of
RCW 28B.50.100. [1991 c 238 § 27.]
28B.50.1404
28B.50.1405 Clover Park Technical College board of
trustees. There is hereby created a new board of trustees for
district twenty-nine and Clover Park Vocational-Technical
Institute, hereafter known as Clover Park Technical College.
The members of the board shall be appointed pursuant to the
provisions of RCW 28B.50.100. [1991 c 238 § 28.]
28B.50.1405
28B.50.1406 Cascadia Community College board of
trustees. There is hereby created a board of trustees for district thirty and Cascadia Community College. The members
of the board shall be appointed pursuant to the provisions of
RCW 28B.50.100. [1994 c 217 § 4.]
28B.50.1406
Findings—1994 c 217: See RCW 28B.45.0201.
Additional notes found at www.leg.wa.gov
28B.50.141 Credits—Statewide transfer policy and
agreement—Establishment. See RCW 28B.76.240 and
28B.76.2401.
28B.50.141
28B.50.142 Treasurer of board—Duties—Bond.
Each board of trustees shall appoint a treasurer who shall be
the financial officer of the board and who shall hold office
during the pleasure of the board. Each treasurer shall render a
true and faithful account of all moneys received and paid out
by him or her, comply with the provisions of RCW
28B.50.143, and shall give bond for the faithful performance
of the duties of his or her office in such amount as the trustees
require: PROVIDED, That the respective community and
technical colleges shall pay the fees for any such bonds.
[1991 c 238 § 40; 1977 ex.s. c 331 § 1.]
28B.50.142
Additional notes found at www.leg.wa.gov
28B.50.143 Vendor payments, advances or reimbursements for. In order that each college treasurer
appointed in accordance with RCW 28B.50.142 may make
vendor payments, the state treasurer will honor warrants
drawn by each community and technical college providing
for one initial advance on July 1 of each succeeding biennium
from the state general fund in an amount equal to seventeen
28B.50.143
[Title 28B RCW—page 151]
28B.50.145
Title 28B RCW: Higher Education
percent of each institution’s average monthly allotment for
such budgeted biennium expenditures as certified by the
office of financial management, and at the conclusion of each
such initial month, and for each succeeding month of any
biennium, the state treasurer will reimburse each institution
for each expenditure incurred and reported monthly by each
college treasurer in accordance with chapter 43.83 RCW:
PROVIDED, That the reimbursement to each institution for
actual expenditures incurred in the final month of each biennium shall be less the initial advance. [1991 c 238 § 41; 1985
c 180 § 1; 1979 c 151 § 21; 1977 ex.s. c 331 § 2.]
28B.50.205 AIDS information—Community and
technical colleges. The state board for community and technical colleges shall make information available to all newly
matriculated students on methods of transmission of the
human immunodeficiency virus and prevention of acquired
immunodeficiency syndrome. The curricula and materials
shall be reviewed for medical accuracy by the office on AIDS
in coordination with the appropriate regional AIDS service
network. [1991 c 238 § 44; 1988 c 206 § 502.]
28B.50.205
Additional notes found at www.leg.wa.gov
28B.50.215 Overlapping service areas—Regional
planning agreements. The colleges in each overlapping service area shall jointly submit for approval to the state board
for community and technical colleges a regional planning
agreement. The agreement shall provide for the ongoing
interinstitutional coordination of community and technical
college programs and services operated in the overlapping
service area. The agreement shall include the means for the
adjudication of issues arising from overlapping service areas.
The agreement shall include a definitive statement of mission, scope, and purpose for each college including the nature
of courses, programs, and services to be offered by each college.
Technical colleges may, under the rules of the state
board for community and technical colleges, offer all specific
academic support courses that may be at a transfer level that
are required of all students to earn a particular certificate or
degree. This shall not be interpreted to mean that their mission may be expanded to include transfer preparation, nor
does it preclude technical colleges from voluntarily and
cooperatively using available community college courses as
components of technical college programs.
Any part of the agreement that is not approved by all the
colleges in the service area, shall be determined by the state
board for community and technical colleges. Approved
regional planning agreements shall be enforced by the full
authority of the state board for community and technical colleges. Changes to the agreement are subject to state board
approval.
For the purpose of creating and adopting a regional planning agreement, the trustees of the colleges in Pierce county
shall form a county coordinating committee. The county
coordinating committee shall consist of eight members. Each
college board of trustees in Pierce county shall select two of
its members to serve on the county coordinating committee.
The county coordinating committee shall not employ its own
staff, but shall instead utilize staff of the colleges in the
county. The regional planning agreement adopted by the
county coordinating committee shall include, but shall not be
limited to: The items listed in this section, the transfer of
credits between technical and community colleges, program
articulation, and the avoidance of unnecessary duplication in
programs, activities, and services. [1997 c 281 § 2; 1991 c
238 § 144.]
28B.50.215
Additional notes found at www.leg.wa.gov
28B.50.145 Community or technical college faculty
senate. The boards of trustees of the various college districts
may create at each community or technical college under
their control a faculty senate or similar organization to be
selected by periodic vote of the respective faculties thereof.
[1991 c 238 § 42; 1969 ex.s. c 283 § 51. Formerly RCW
28.85.145.]
28B.50.145
Additional notes found at www.leg.wa.gov
28B.50.150
28B.50.150 Out-of-district residence not to affect
enrollment for state resident. Any resident of the state may
enroll in any program or course maintained or conducted by
a college district upon the same terms and conditions regardless of the district of his or her residence. [1991 c 238 § 43;
1969 ex.s. c 223 § 28B.50.150. Prior: 1967 ex.s. c 8 § 15.
Formerly RCW 28.85.150.]
28B.50.195 Intercollegiate coaches—Minimum standards encouraged. The state board for community and technical colleges in consultation with the Northwest athletic
association of community colleges and other interested parties shall encourage community colleges to ensure that intercollegiate coaches meet the following minimum standards:
(1) Verification of up-to-date certification in first aid and
cardiopulmonary resuscitation;
(2) Maintaining knowledge of Northwest athletic association of community colleges codes, rules, and institutional
policy; and
(3) Encouragement of coaches to participate in appropriate in-service training and activities. [1993 c 94 § 2.]
28B.50.195
Additional notes found at www.leg.wa.gov
28B.50.196
28B.50.196 Intercollegiate coaches—Training to
promote coaching competence and techniques. The community and technical colleges are encouraged to provide
training to promote development of coaching competence
and to enhance the coaching techniques of intercollegiate
coaches. The community and technical colleges may offer
this educational service to coaches in the community and
technical colleges, common schools, amateur teams, youth
groups, and community sports groups. The community and
technical colleges may provide this educational service
through curriculum courses, workshops, or in-service training. [1993 c 94 § 3.]
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 152]
28B.50.216 Identification and implementation of
potential administrative efficiencies, complementary
administrative functions, and complementary academic
programs within regional area—Plan—Retention of cost
savings—Reports. (1) The state board for community and
28B.50.216
(2010 Ed.)
Community and Technical Colleges
technical colleges, in collaboration with the boards of trustees
for the community and technical colleges, shall identify
potential administrative efficiencies, complementary administrative functions, and complementary academic programs
based upon consultation with colleges within a regional area.
To study and identify potential administrative efficiencies
and complementary administrative functions and programs,
colleges within the regional area shall work with stakeholders
including faculty and staff representatives appointed by their
respective unions. Factors to be considered include, but are
not limited to:
(a) The economic feasibility and cost savings anticipated
from the proposed changes;
(b) The extent to which the changes will contribute to
student access to academic programs and services, including
greater flexibility for students to transfer credits and obtain
degrees and certificates from other colleges within the
regional area; and
(c) The extent to which the changes contribute to the
vision, goals, priorities, and statewide strategies in the comprehensive master plan and the statewide strategic master
plan for higher education.
(2) The state board for community and technical colleges
shall develop and adopt a detailed plan for the implementation of any identified changes that would result in cost savings while maintaining or enhancing student access and
achievement. If educational programs are identified that
would provide cost savings if consolidated, the faculty and
staff of those programs shall be convened to assist in the
development of the part of the plan that will impact their programs and collective bargaining agreements. The plan must
establish a time frame within which any proposed changes
must be accomplished and must include any agreements,
approved by the state board for community and technical colleges, between colleges within a regional area to provide
complementary academic programs or coordinate administrative functions. The implementation plan shall take effect
upon approval by the state board for community and technical colleges. The state board shall submit a preliminary
report on the plan to the appropriate legislative committees
and the governor December 1, 2010, and shall submit a final
report December 1, 2011.
(3) Any cost savings realized as a result of the implementation of administrative efficiencies, complementary
administrative functions, and complementary academic programming under the plan shall be retained by the respective
districts to be used for enhancing student access and success,
and the retention and recruitment of high quality faculty,
including but not limited to, full-time faculty, faculty development, and academic programs.
(4) The college board, using the criteria and processes
established in this section and in consultation with the boards
of trustees for the community and technical colleges, shall
identify adjacent college districts that can feasibly be consolidated or whose boundaries can feasibly be modified to form
a multiple campus district. The primary considerations shall
be the extent to which the changes will: (a) Affect student
access to academic programs and services, (b) affect the
retention and recruitment of high quality faculty, and (c)
result in financial efficiencies.
(2010 Ed.)
28B.50.254
(5) By December 1, 2012, the college board, in consultation with local boards of trustees, shall evaluate any proposed
district consolidations or boundary changes identified in subsection (4) of this section as it deems advisable and shall submit any required supporting legislative changes to the governor and appropriate committees of the legislature. [2010 c
246 § 4.]
Findings—Intent—2010 c 246: See note following RCW 28B.50.020.
28B.50.239 High-technology education and training.
See chapter 28B.65 RCW.
28B.50.239
28B.50.242 Video telecommunications programming. The state board for community and technical colleges
shall provide statewide coordination of video telecommunications programming for the community and technical college system. [1991 c 238 § 45; 1990 c 208 § 10.]
28B.50.242
28B.50.250 Adult education programs in common
school districts, limitations—Certain federal programs,
administration. The state board for community and technical colleges and the state board of education are hereby
authorized to permit, on an ad hoc basis, the common school
districts to conduct pursuant to RCW 28B.50.530 a program
in adult education in behalf of a college district when such
program will not conflict with existing programs of the same
nature and in the same geographical area conducted by the
college districts: PROVIDED, That federal programs for
adult education shall be administered by the state board for
community and technical colleges, which agency is hereby
declared to be the state educational agency primarily responsible for supervision of adult education in the public schools
as defined by *RCW 28B.50.020. [1991 c 238 § 46; 1969
ex.s. c 261 § 25; 1969 ex.s. c 223 § 28B.50.250. Prior: 1967
ex.s. c 8 § 25.]
28B.50.250
*Reviser’s note: The reference to RCW 28B.50.020 appears to be erroneous. "Adult education" is defined in RCW 28B.50.030.
Community education programs: RCW 28A.620.020.
Additional notes found at www.leg.wa.gov
28B.50.252 Districts offering vocational educational
programs—Local advisory committees—Advice on current job needs. (1) Each local education agency or college
district offering vocational educational programs shall establish local advisory committees to provide that agency or district with advice on current job needs and on the courses necessary to meet these needs.
(2) The local program committees shall:
(a) Participate in the determination of program goals;
(b) Review and evaluate program curricula, equipment,
and effectiveness;
(c) Include representatives of business and labor who
reflect the local industry, and the community; and
(d) Actively consult with other representatives of business, industry, labor, and agriculture. [1991 c 238 § 77.]
28B.50.252
28B.50.254 Advisory council on adult education—
Workforce training and education coordinating board to
monitor. (1) There is hereby created the Washington advisory council on adult education. The advisory council shall
28B.50.254
[Title 28B RCW—page 153]
28B.50.256
Title 28B RCW: Higher Education
advise the state board for community and technical colleges
and the workforce training and education coordinating board
concerning adult basic education and literacy programs. The
advisory council shall perform all duties of state advisory
councils on adult education as specified in P.L. 100-297, as
amended. The advisory council’s actions shall be consistent
with the state comprehensive plan for workforce training and
education prepared by the workforce training and education
coordinating board as provided for in RCW 28C.18.060.
(2) The advisory council on adult education shall consist
of nine members as required by federal law, appointed by the
governor. In making these appointments, to the maximum
extent feasible, the governor shall give consideration to providing overlapping membership with the membership of the
state job training coordinating council, and the governor shall
give consideration to individuals with expertise and experience in adult basic education.
(3) The workforce training and education coordinating
board shall monitor the need for the council as described in
subsection (1) of this section, and, if that need no longer
exists, propose legislation to terminate the council. [1991 c
238 § 19.]
28B.50.256 Facilities shared by vocational-technical
institute programs and K-12 programs. If, before September 1, 1991, the use of a single building facility is being
shared between an existing vocational-technical institute program and a K-12 program, the respective boards shall continue to share the use of the facility until such time as it is
convenient to remove one of the two programs to another
facility. The determination of convenience shall be based
solely upon the best interests of the students involved.
If a vocational-technical institute district board and a
common school district board are sharing the use of a single
facility, the program occupying the majority of the space of
such facility, exclusive of space utilized equally by both,
shall determine which board will be charged with the administration and control of such facility. The determination of
occupancy shall be based upon the space occupied as of January 1, 1990.
The board charged with the administration and control of
such facility may share expenses with the other board for the
use of the facility.
In the event that the two boards are unable to agree upon
which board is to administer and control the facility or upon
a fair share of expenses for the use of the facility, the governor shall appoint an arbitrator to settle the matter. The decisions of the arbitrator shall be final and binding upon both
boards. The expenses of the arbitration shall be divided
equally by each board. [1991 c 238 § 132.]
28B.50.256
28B.50.259 Program for dislocated forest products
workers—Waiver from tuition and fees. (1) The state
board for community and technical colleges shall administer
a program designed to provide higher education opportunities
to dislocated forest products workers and their unemployed
spouses who are enrolled in a community or technical college
for ten or more credit hours per quarter. In administering the
program, the college board shall have the following powers
and duties:
28B.50.259
[Title 28B RCW—page 154]
(a) With the assistance of an advisory committee, design
a procedure for selecting dislocated forest products workers
to participate in the program;
(b) Allocate funding to community and technical colleges attended by participants; and
(c) Monitor the program and report on participants’
progress and outcomes.
(2) Unemployed spouses of eligible dislocated forest
products workers may participate in the program, but tuition
and fees may be waived under the program only for the
worker or the spouse and not both.
(3) Subject to the limitations of RCW 28B.15.910, the
governing boards of the community and technical colleges
may waive all or a portion of tuition and fees for program participants, for a maximum of six quarters within a two-year
period.
(4) During any biennium, the number of full-time equivalent students to be served in this program shall be determined by the applicable omnibus appropriations act, and
shall be in addition to the community college enrollment
level funded by the applicable omnibus appropriations act.
[1998 c 245 § 21; 1993 sp.s. c 18 § 32; 1992 c 231 § 29; 1991
c 315 § 17.]
Intent—1991 c 315: See note following RCW 50.12.270.
Additional notes found at www.leg.wa.gov
28B.50.271 Opportunity grant program. (1) The college board shall develop and implement a workforce education program known as the opportunity grant program to provide financial and other assistance for students enrolled at
qualified institutions of higher education in opportunity
grant-eligible programs of study as described in RCW
28B.50.273. Students enrolled in the opportunity grant program are eligible for:
(a) Funding for tuition and mandatory fees at the public
community and technical college rate, prorated if the credit
load is less than full time, paid directly to the educational
institution; and
(b) An additional one thousand dollars per academic year
for books, tools, and supplies, prorated if the credit load is
less than full time.
(2) Funding under subsection (1)(a) and (b) of this section is limited to a maximum forty-five credits or the equivalent in an opportunity grant-eligible program of study, including required related courses. No student may receive opportunity grant funding for more than forty-five credits or for
more than three years from initial receipt of grant funds in
one or a combination of programs.
(3) Grants awarded under this section are subject to the
availability of amounts appropriated for this specific purpose.
[2007 c 277 § 101.]
28B.50.271
Findings—2007 c 277: "The legislature finds that:
(1) The economic trends of globalization and technological change are
increasing the demand for higher and differently skilled workers than in the
past;
(2) Increasing Washington’s economic competitiveness requires
increasing the supply of skilled workers in the state;
(3) Improving the labor market competitiveness of all Washington residents requires that all residents have access to postsecondary education; and
(4) Community and technical college workforce training programs and
Washington state apprenticeship and training council-approved apprenticeship programs provide effective and efficient pathways for people to enter
(2010 Ed.)
Community and Technical Colleges
high wage, high skill careers while also meeting the needs of the economy."
[2007 c 277 § 1.]
Part headings not law—2007 c 277: "Part headings used in this act are
not any part of the law." [2007 c 277 § 302.]
Educational opportunity grant program—Placebound students: Chapter
28B.101 RCW.
28B.50.272 Opportunity grant program—Student
eligibility—Funding—Performance measures—Documentation—Annual summary. (1) To be eligible for participation in the opportunity grant program established in
RCW 28B.50.271, a student must:
(a) Be a Washington resident student as defined in RCW
28B.15.012 enrolled in an opportunity grant-eligible program
of study;
(b) Have a family income that is at or below two hundred
percent of the federal poverty level using the most current
guidelines available from the United States department of
health and human services, and be determined to have financial need based on the free application for federal student aid;
and
(c) Meet such additional selection criteria as the college
board shall establish in order to operate the program within
appropriated funding levels.
(2) Upon enrolling, the student must provide evidence of
commitment to complete the program. The student must
make satisfactory progress and maintain a cumulative 2.0
grade point average for continued eligibility. If a student’s
cumulative grade point average falls below 2.0, the student
may petition the institution of higher education of attendance.
The qualified institution of higher education has the authority
to establish a probationary period until such time as the student’s grade point average reaches required standards.
(3) Subject to funds appropriated for this specific purpose, public qualified institutions of higher education shall
receive an enhancement of one thousand five hundred dollars
for each full-time equivalent student enrolled in the opportunity grant program whose income is below two hundred percent of the federal poverty level. The funds shall be used for
individualized support services which may include, but are
not limited to, college and career advising, tutoring, emergency child care, and emergency transportation. The qualified institution of higher education is expected to help students access all financial resources and support services
available to them through alternative sources.
(4) The college board shall be accountable for student
retention and completion of opportunity grant-eligible programs of study. It shall set annual performance measures and
targets and monitor the performance at all qualified institutions of higher education. The college board must reduce
funding at institutions of higher education that do not meet
targets for two consecutive years, based on criteria developed
by the college board.
(5) The college board and higher education coordinating
board shall work together to ensure that students participating
in the opportunity grant program are informed of all other
state and federal financial aid to which they may be entitled
while receiving an opportunity grant.
(6) The college board and higher education coordinating
board shall document the amount of opportunity grant assistance and the types and amounts of other sources of financial
28B.50.272
(2010 Ed.)
28B.50.274
aid received by participating students. Annually, they shall
produce a summary of the data.
(7) The college board shall:
(a) Begin developing the program no later than August 1,
2007, with student enrollment to begin no later than January
14, 2008; and
(b) Submit a progress report to the legislature by December 1, 2008.
(8) The college board may, in implementing the opportunity grant program, accept, use, and expend or dispose of
contributions of money, services, and property. All such
moneys received by the college board for the program must
be deposited in an account at a depository approved by the
state treasurer. Only the college board or a duly authorized
representative thereof may authorize expenditures from this
account. In order to maintain an effective expenditure and
revenue control, the account is subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit
expenditure of moneys in the account. [2007 c 277 § 102.]
Findings—Part headings not law—2007 c 277: See notes following
RCW 28B.50.271.
28B.50.273 Identification of grant-eligible programs
of study and other job training programs—Marketing.
For the purposes of identifying opportunity grant-eligible
programs of study and other job training programs, the college board, in partnership with business, labor, and the workforce training and education coordinating board, shall:
(1) Identify high employer demand programs of study
offered by qualified postsecondary institutions that lead to a
credential, certificate, or degree;
(2) Identify job-specific training programs offered by
qualified postsecondary institutions that lead to a credential,
certificate, or degree in green industry occupations as established in chapter 14, Laws of 2008;
(3) Gain recognition of the credentials, certificates, and
degrees by Washington’s employers and labor organizations.
The college board shall designate these recognized credentials, certificates, and degrees as "opportunity grant-eligible
programs of study"; and
(4) Market the credentials, certificates, and degrees to
potential students, businesses, and apprenticeship programs
as a way for individuals to advance in their careers and to better meet the needs of industry. [2009 c 353 § 2; 2008 c 14 §
10; 2007 c 277 § 201.]
28B.50.273
Findings—Intent—Scope of chapter 14, Laws of 2008—Severability—2008 c 14: See RCW 70.235.005, 70.235.900, and 70.235.901.
Findings—Part headings not law—2007 c 277: See notes following
RCW 28B.50.271.
28B.50.274 Opportunity partnership program. (1)
Community and technical colleges shall partner with local
workforce development councils to develop the opportunity
partnership program. The opportunity partnership program
may be newly developed or part of an existing program, and
shall provide mentoring to students participating in the
opportunity grant program. The program must develop criteria and identify opportunity grant students who would benefit
by having a mentor. Each participating student shall be
matched with a business or labor mentor employed in the
field in which the student is interested. The mentor shall help
28B.50.274
[Title 28B RCW—page 155]
28B.50.278
Title 28B RCW: Higher Education
the student explore careers and employment options through
any combination of tours, informational interviews, job shadowing, and internships.
(2) Subject to funds appropriated for this specific purpose, the workforce training and education coordinating
board shall create the opportunity partnership program. The
board, in partnership with business, labor, and the college
board, shall determine the criteria for the distribution of
funds.
(3) The board may, in implementing this section, accept,
use, and dispose of contributions of money, services, and
property. All moneys received by the board for the purposes
of this section must be deposited in a depository approved by
the state treasurer. Only the board or a duly authorized representative thereof may authorize expenditures from this
account. In order to maintain an effective expenditure and
revenue control, the account is subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit
expenditure of moneys in the account. [2007 c 277 § 202.]
Findings—Part headings not law—2007 c 277: See notes following
RCW 28B.50.271.
28B.50.278 Opportunity employment and education
center—Opportunity policy work group—Report by college board. (1) An opportunity employment and education
center is established within the Seattle community college
district.
(2) The center shall:
(a) House various educational and social service providers and integrate access to employment, counseling, and public benefit programs and services as well as education, training, financial aid and counseling services offered through
community colleges;
(b) Identify and form partnerships with communitybased organizations that enhance the services and supports
provided to individuals using the center; and
(c) Provide services including but not limited to employment security and workforce development council worksource services; job listing, referral, and placement; job
coaching; employment counseling, testing, and career planning; unemployment insurance claim filing assistance; cash
grant programs run by the department of social and health
services; the basic food program; housing assistance; child
support assistance; child care subsidies; WorkFirst and temporary assistance to needy families; general assistance and
supplemental security income facilitation; vocational rehabilitation services and referrals; medicaid and medical services;
alcoholism and drug addiction treatment and support act
referrals; case management and mental health referrals; community college financial aid; support services; college counseling services related to career pathways and basic skills
resources for English language learners; high school completion; and adult basic education; and
(d) In partnership with the state board for community
and technical colleges, jointly develop evaluation criteria and
performance indicators that demonstrate the degree to which
the center is successfully integrating services and improving
service delivery.
(3) The chancellor of the Seattle community college district and technical colleges, or the chancellor’s designee,
shall convene an opportunity policy work group charged with
28B.50.278
[Title 28B RCW—page 156]
governing the opportunity employment and education center.
The work group membership shall include, but not be limited
to, representatives of the King county workforce development council, north Seattle community college, the employment security department, and the department of social and
health services. A chair shall be chosen from among the
work group’s membership on an annual basis, with the chairmanship rotating among participating agencies. The work
group shall:
(a) Determine protocols for service delivery, develop
operating policies and procedures, develop cross-agency
training for agency employees located at the center, and
develop a plan for a common information technology framework that could allow for interagency access to files and
information, including any common application and screening systems that facilitate access to state, federal, and local
social service and educational programs, within current
resources and to the extent federal privacy laws allow;
(b) Develop a release of information form that may be
voluntarily completed by opportunity center clients to facilitate the information sharing outlined in subsection (3)(a) of
this section. The form is created to aid agencies housed at the
opportunity center in determining client eligibility for various
social and educational services. The form shall address the
types of information to be shared, the agencies with which
personal information can be shared, the length of time agencies may keep shared information on file, and any other issue
areas identified by the opportunity policy work group to comply with all applicable federal and state laws;
(c) Review national best practices for program operation
and provide training to program providers both before opening the center and on an ongoing basis; and
(d) Jointly develop integrated solutions to provide more
cost-efficient and customer friendly service delivery.
(4) Participating agencies shall identify and apply for
any federal waivers necessary to facilitate the intended goals
and operation of the center.
(5) The state board for community and technical colleges
shall report to legislative committees with subject areas of
commerce and labor, human services, and higher education
on the following:
(a) By December 1, 2010, the board, in partnership with
participating agencies, shall provide recommendations on a
proposed site for an additional opportunity employment and
education center; and
(b) By December 1, 2011, and annually thereafter, the
board shall provide an evaluation of existing centers based on
performance criteria identified by the board and the opportunity policy work group. The report shall also include data on
any federal and state legislative barriers to integration.
(6) All future opportunity centers shall be governed by
the provisions in this section and are subject to the same
reporting requirements. [2010 c 40 § 1.]
28B.50.281 Curriculum development and funding—
Use of federal stimulus funding—Reports—Recognized
programs of study under RCW 28B.50.273—Prioritization of workforce training programs. (1) The state board
shall work with the *leadership team, the Washington state
apprenticeship and training council, and the office of the
superintendent of public instruction to jointly develop, by
28B.50.281
(2010 Ed.)
Community and Technical Colleges
June 30, 2010, curricula and training programs, to include onthe-job training, classroom training, and safety and health
training, for the development of the skills and qualifications
identified by the **department of community, trade, and economic development under ***section 7 of this act.
(2) The board shall target a portion of any federal stimulus funding received to ensure commensurate capacity for
high employer-demand programs of study developed under
this section. To that end, the state board must coordinate with
the department, the *leadership team, the workforce board, or
another appropriate state agency in the application for and
receipt of any funding that may be made available through
the federal youthbuild program, workforce investment act,
job corps, or other relevant federal programs.
(3) The board shall provide an interim report to the
appropriate committees of the legislature by December 1,
2011, and a final report by December 1, 2013, detailing the
effectiveness of, and any recommendations for improving,
the worker training curricula and programs established in this
section.
(4) Existing curricula and training programs or programs
provided by community and technical colleges in the state
developed under this section must be recognized as programs
of study under RCW 28B.50.273.
(5) Subject to available funding, the board may grant
enrollment priority to persons who qualify for a waiver under
RCW 28B.15.522 and who enroll in curricula and training
programs provided by community or technical colleges in the
state that have been developed in accordance with this section.
(6) The college board may prioritize workforce training
programs that lead to a credential, certificate, or degree in
green economy jobs. For purposes of this section, green
economy jobs include those in the primary industries of a
green economy including clean energy, high-efficiency
building, green transportation, and environmental protection.
Prioritization efforts may include but are not limited to: (a)
Prioritization of the use of high employer-demand funding
for workforce training programs in green economy jobs, if
the programs meet minimum criteria for identification as a
high-demand program of study as defined by the state board
for community and technical colleges, however any additional community and technical college high-demand funding authorized for the 2009-2011 fiscal biennium and thereafter may be subject to prioritization; (b) increased outreach
efforts to public utilities, education, labor, government, and
private industry to develop tailored, green job training programs; and (c) increased outreach efforts to target populations. Outreach efforts shall be conducted in partnership with
local workforce development councils.
(7) The definitions in RCW 43.330.010 apply to this section and RCW 28B.50.282. [2009 c 536 § 9.]
Reviser’s note: *(1) The leadership team was created in 2009 c 536 §
3, which was vetoed.
**(2) The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
***(3) Section 7 of this act was vetoed.
Short title—2009 c 536: See note following RCW 43.330.370.
28B.50.282 Evergreen jobs training account-Grants. The evergreen jobs training account is created in the
28B.50.282
(2010 Ed.)
28B.50.282
state treasury. Funds deposited to the account may include
gifts, grants, or endowments from public or private sources,
in trust or otherwise. Moneys from the account must be used
to supplement the state opportunity grant program established under RCW 28B.50.271. All receipts from appropriations directed to the account must be deposited into the
account. Expenditures from the account may be used only
for the activities identified in this section. The state board, in
consultation with the department and the *leadership team,
may authorize expenditures from the account but must distribute grants from the account on a competitive basis. Grant
funds from the evergreen jobs training account should be
used when other public or private funds are insufficient or
unavailable.
(1) These grant funds may be used for, but are not limited to uses for:
(a) Curriculum development;
(b) Transitional jobs strategies for dislocated workers in
declining industries who may be retrained for high-wage
occupations in green industries;
(c) Workforce education to target populations;
(d) Adult basic and remedial education as necessary
linked to occupation skills training; and
(e) Coordinated outreach efforts by institutions of higher
education and workforce development councils.
(2) These grant funds may not be used for student assistance and support services available through the state opportunity grant program under RCW 28B.50.271.
(3) Applicants eligible to receive these grants may be
any organization or a partnership of organizations that has
demonstrated expertise in:
(a) Implementing effective education and training programs that meet industry demand; and
(b) Recruiting and supporting, to successful completion
of those training programs carried out under these grants, the
target populations of workers.
(4) In awarding grants from the evergreen jobs training
account, the state board shall give priority to applicants that
demonstrate the ability to:
(a) Use labor market and industry analysis developed by
the employment security department and green industry skill
panels in the design and delivery of the relevant education
and training program, and otherwise use strategies developed
by green industry skill panels;
(b) Leverage and align existing public programs and
resources and private resources toward the goal of recruiting,
supporting, educating, and training target populations of
workers;
(c) Work collaboratively with other relevant stakeholders in the regional economy;
(d) Link adult basic and remedial education, where necessary, with occupation skills training;
(e) Involve employers and, where applicable, labor
unions in the determination of relevant skills and competencies and, where relevant, the validation of career pathways;
and
(f) Ensure that supportive services, where necessary, are
integrated with education and training and are delivered by
organizations with direct access to and experience with the
targeted population of workers. [2009 c 536 § 10.]
[Title 28B RCW—page 157]
28B.50.285
Title 28B RCW: Higher Education
*Reviser’s note: The leadership team was created in 2009 c 536 § 3,
which was vetoed.
Short title--2009 c 536: See note following RCW 43.330.370.
28B.50.285 Opportunity express web site. By July 1,
2010, and within existing resources, the college board may
create a single web site for the purpose of advertising the
availability of opportunity express funding to Washington
citizens; explaining that opportunity express helps people
who want to pursue college and apprenticeship for certain targeted industries; and explaining that opportunity express
includes the following tracks: Worker retraining for unemployed adults; training programs approved by the commissioner of the employment security department, training programs administered by labor and management partnerships,
and training programs prioritized by industry, for unemployed adults and incumbent workers; opportunity internships for high school students; and opportunity grants for
low-income adults. The web site may also direct interested
individuals to the appropriate local intake office. The web
site may also include a link to the Washington state department of labor and industries apprenticeship program. [2010
1st sp.s. c 24 § 3.]
28B.50.285
Findings—Intent—2010 1st sp.s. c 24: See note following RCW
28C.04.390.
28B.50.286 Opportunity express account. A separate
and identifiable account, which shall be known as the opportunity express account, is established. Moneys in the account
may be spent only after appropriation. Moneys in the
account shall be used only for the worker retraining program,
training programs approved by the commissioner of the
employment security department, training programs administered by labor and management partnerships, industry-prioritized training programs, training programs that facilitate
career progression in health care occupations, the opportunity
internship program, and the opportunity grant program, and
for administrative costs related to these programs. Moneys in
the account shall be used to supplement, not supplant, existing funding for the opportunity grant program. [2010 1st
sp.s. c 24 § 5.]
28B.50.286
Findings—Intent—2010 1st sp.s. c 24: See note following RCW
28C.04.390.
28B.50.301 Title to or all interest in real estate, choses in action and assets obtained for vocational-technical
institute purposes by school districts—Vest in or assigned
to district board—Exceptions. Title to or all interest in real
estate, choses in action and all other assets, and liabilities
including court claims, including but not limited to assignable contracts, cash, deposits in county funds (including any
interest or premiums thereon), equipment, buildings, facilities, and appurtenances thereto held as of September 1, 1991,
by or for a school district and obtained identifiably with federal, state, or local funds appropriated for vocational-technical institutes [institute] purposes or postsecondary vocational
educational purposes, or used or obtained with funds budgeted for postsecondary vocational educational purposes, or
used or obtained primarily for vocational-technical institute
educational purposes, shall, on the date on which the first
board of trustees of each district takes office, vest in or be
28B.50.301
[Title 28B RCW—page 158]
assigned to the district board. Cash, funds, accounts, or other
deposits obtained or raised by a school district to pay for
indebtedness, bonded or otherwise, contracted on or before
September 1, 1991, for vocational-technical institute purposes shall remain with and continue to be, after February 2,
1992, an asset of the school district. Any option acquired by
the school district to purchase real property which in the
judgment of the school district will be used in the common
school program may remain with the school district notwithstanding that such option was obtained in consideration of the
purchase by such school district of other property for vocational-technical institute purposes. Unexpended funds of a
common school district derived from the sale, before September 1, 1991, of bonds authorized for any purpose which
includes vocational-technical institute purposes and not committed for any existing construction contract, shall remain
with and continue to be an asset of such common school district, unless within thirty days after said date such common
school district determines to transfer such funds to the board
of trustees. [1991 c 238 § 115.]
28B.50.302
28B.50.302 Title to or all interest in real estate, choses in action and assets obtained for vocational-technical
institute purposes by school districts—Vest in or assigned
to state board for community and technical colleges—
Exceptions. Title to or all interest in real estate, choses in
action, and all other assets and liabilities, including court
claims, including but not limited to assignable contracts,
cash, deposits in county funds (including any interest or premiums thereon), equipment, buildings, facilities, and appurtenances thereto held as of September 1, 1991, by or for a
school district and obtained identifiably with federal, state, or
local funds appropriated for vocational-technical institute
purposes or postsecondary vocational educational purposes,
or used or obtained with funds budgeted for vocational-technical institute purposes or postsecondary vocational education purposes, or used or obtained primarily for vocational
education purposes, and all liabilities including, but not limited to court claims incurred on behalf of a vocational-technical institute by a school district, shall, on the date on which
the first board of trustees of each college district takes office,
vest in or be assigned to the state board for community and
technical colleges. Grounds that have been used primarily as
a playground for children shall continue to be made available
for such use.
Cash, funds, accounts, or other deposits obtained or
raised by a school district to pay for indebtedness, bonded or
otherwise, contracted on or before September 1, 1991, for
vocational-technical institute purposes shall remain with and
continue to be, after September 1, 1991, an asset of the school
district.
Any option acquired by the school district to purchase
real property which in the judgment of the school district will
be used in the common school program may remain with the
school district notwithstanding that such option was obtained
in consideration of the purchase by such school district of
other property for vocational-technical institute purposes.
Unexpended funds of a common school district derived
from the sale of bonds issued for vocational-technical institute capital purposes and not committed for any existing con(2010 Ed.)
Community and Technical Colleges
struction contract, shall be transferred to the college district
of which the institute is a part for application to such projects.
For the purposes of this section and to facilitate the process of allocating the assets, the board of directors of each
school district in which a vocational-technical institute is
located, and the director of each vocational-technical institute, shall each submit to the state board of education, and the
state board for community and technical colleges within
ninety days of September 1, 1991, an inventory listing all real
estate, personal property, choses in action, and other assets,
held by a school district which, under the criteria of this section, will become the assets of the state board for community
and technical colleges.
However, assets used primarily for vocational-technical
institute purposes shall include, but not be limited to, all
assets currently held by school districts which have been used
on an average of at least seventy-five percent of the time during the 1989-90 school year, or if acquired subsequent to July
1, 1990, since its time of acquisition, for vocational-technical
institute purposes, except that facilities used during school
construction and remodeling periods to house vocationaltechnical institute programs temporarily and facilities that
were vacated by the vocational-technical institute and
returned to the school district during 1990-91 are not subject
to this requirement.
The ultimate decision and approval with respect to the
allocation and dispositions of the assets and liabilities including court claims under this section shall be made by a task
force appointed by the governor in consultation with the
superintendent of public instruction and the state board for
community and technical colleges. Any issues remaining in
dispute shall be settled by the governor or the governor’s designee. The decision of the governor, the governor’s designee,
or the task force may be appealed within sixty days after such
decision is issued by appealing to the district court of Thurston county. The decision of the superior court may be
appealed to the supreme court of the state in accordance with
the provision[s] of the administrative procedure act, chapter
34.05 RCW. [1991 c 238 § 131.]
28B.50.320
employers must increasingly turn to for their future workers.
[1991 c 238 § 93.]
28B.50.306 Seattle Vocational Institute—Mission—
Advisory committee to advise. The mission of the institute
shall be to provide occupational, basic skills, and literacy
education opportunities to economically disadvantaged populations in urban areas of the college district it serves. The
mission shall be achieved primarily through open-entry,
open-exit, short-term, competency-based basic skill, and job
training programs targeted primarily to adults. The board of
trustees of the sixth college district shall appoint a nine-member advisory committee consisting of equal representation
from business, labor, and community representatives to provide advice and counsel to the administration of the institute
and the district administration. [1991 c 238 § 100.]
28B.50.306
28B.50.307 Seattle Vocational Institute—Funding.
Funding for the institute shall be included in a separate allocation to the sixth college district, and funds allocated for the
institute shall be used only for purposes of the institute.
[1991 c 238 § 101.]
28B.50.307
28B.50.310 Community college fees.
28B.15 RCW.
28B.50.310
See chapter
28B.50.311 Community college fees—Waiver of
tuition and fees for long-term unemployed or underemployed persons—Conditions—Rules.
See RCW
28B.15.522.
28B.50.311
28B.50.312 Resident tuition for participants in community college international student exchange program. See RCW 28B.15.526.
28B.50.312
28B.50.313 Waiver of the nonresident portion of
tuition and fees for students of foreign nations. See RCW
28B.15.527.
28B.50.313
28B.50.305
28B.50.305 Seattle Vocational Institute—Findings.
The legislature finds that a vocational institute in the central
area of the city of Seattle provides civic, social, and economic
benefits to the people of the state of Washington. Economic
development is enhanced by increasing the number of skilled
individuals who enter the labor market and social welfare
costs are reduced by the training of individuals lacking marketable skills. The students at the institute are historically
economically disadvantaged, and include racial and ethnic
minorities, recent immigrants, single-parent heads of households, and persons who are dislocated workers or without
specific occupational skills. The institute presents a unique
opportunity for business, labor, and community-based organizations, and educators to work together to provide effective
vocational-technical training to the economically disadvantaged of urban Seattle, and to serve as a national model of
such cooperation. Moreover, a trained workforce is a major
factor in attracting new employers, and with greater minority
participation in the workforce, the institute is uniquely
located to deliver training and education to the individuals
(2010 Ed.)
28B.50.320 Fees and other income—Deposit—Disbursement. All operating fees, services and activities fees,
and all other income which the trustees are authorized to
impose shall be deposited as the trustees may direct unless
otherwise provided by law. Such sums of money shall be subject to the budgetary and audit provisions of law applicable to
state agencies. The depository selected by the trustees shall
conform to the collateral requirements required for deposit of
other state funds.
Disbursement shall be made by check signed by the president of the college or the president’s designee appointed in
writing, and such other person as may be designated by the
board of trustees of the college district. Each person authorized to sign as provided above, shall execute a surety bond as
provided in RCW 43.17.100. Said bond or bonds shall be
filed in the office of the secretary of state. [1991 c 238 § 47;
1971 ex.s. c 279 § 17; 1970 ex.s. c 59 § 4; 1969 ex.s. c 238 §
5; 1969 ex.s. c 223 § 28B.50.320. Prior: 1967 ex.s. c 8 § 32.]
28B.50.320
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 159]
28B.50.327
Title 28B RCW: Higher Education
28B.50.327 Collection of student tuition and fees—
Seattle Vocational Institute. Notwithstanding the provisions of chapter 28B.15 RCW, technical colleges and the
Seattle Vocational Institute may continue to collect student
tuition and fees per their standard operating procedures in
effect on September 1, 1991. The applicability of existing
community college rules and statutes pursuant to chapter
28B.15 RCW regarding tuition and fees shall be determined
by the state board for community and technical colleges
within two years of September 1, 1991. [1991 c 238 § 84.]
28B.50.327
28B.50.328 Waivers of tuition and fees—Scholarships—Employment of instructional staff and faculty—
Seattle Vocational Institute. The district may provide for
waivers of tuition and fees and provide scholarships for students at the institute. The district may negotiate with applicable public or private service providers to conduct the instructional activities of the institute. The district may employ
instructional staff or faculty. The district may also contract
with private individuals for instructional services. Until at
least July 1, 1993, all faculty and staff serve at the pleasure of
the district. In order to allow the district flexibility in its personnel policies with the institute, the district and the institute,
with reference to employees of the institute employed during
an initial two-year period until July 1, 1993, are exempt from
chapters *28B.16, 28B.52 (relating to collective bargaining),
41.04, 41.05, 41.06, and 41.40 RCW; from RCW 43.01.040
through 43.01.044; and from RCW 28B.50.551 and
28B.50.850 through 28B.50.875 (relating to faculty tenure).
[1991 c 238 § 103.]
(2) This section does not apply when a contract is
awarded by the small works roster procedure authorized in
RCW 39.04.155.
(3) Where the estimated cost to any college of any building, improvements, or repairs, or other work, is less than
ninety thousand dollars, or forty-five thousand dollars if the
work involves one trade or craft area, the publication requirements of RCW 39.04.020 do not apply. [2009 c 229 § 1;
2007 c 495 § 2; 1993 c 379 § 108; 1991 c 238 § 48; 1979 ex.s.
c 12 § 2; 1969 ex.s. c 223 § 28B.50.330. Prior: 1967 ex.s. c
8 § 33. Formerly RCW 28.85.330.]
28B.50.328
*Reviser’s note: Chapter 28B.16 RCW was repealed by 1993 c 281,
with the exception of RCW 28B.16.015 and 28B.16.240, which was recodified as RCW 41.06.382. The powers, duties, and functions of the state higher
education personnel board were transferred to the Washington personnel
resources board. RCW 28B.16.015 and 41.06.382 were subsequently
repealed by 2002 c 354 § 403, effective July 1, 2005.
28B.50.330 Construction, reconstruction, equipping,
and demolition of community and technical college facilities and acquisition of property—Revenue bond financing—Public bid. (1) The boards of trustees of college districts are empowered in accordance with the provisions of
this chapter to provide for the construction, reconstruction,
erection, equipping, demolition, and major alterations of
buildings and other capital assets, and the acquisition of sites,
rights-of-way, easements, improvements, or appurtenances
for the use of the aforementioned colleges as authorized by
the college board in accordance with RCW 28B.50.140; to be
financed by bonds payable out of special funds from revenues hereafter derived from income received from such facilities, gifts, bequests, or grants, and such additional funds as
the legislature may provide, and payable out of a bond retirement fund to be established by the respective district boards
in accordance with rules of the state board. With respect to
building, improvements, or repairs, or other work, where the
estimated cost exceeds ninety thousand dollars, or forty-five
thousand dollars if the work involves one trade or craft area,
complete plans and specifications for the work shall be prepared, the work shall be put out for a public bid, and the contract shall be awarded to the responsible bidder who submits
the lowest responsive bid. Any project regardless of dollar
amount may be put to public bid.
28B.50.330
[Title 28B RCW—page 160]
Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029.
Additional notes found at www.leg.wa.gov
28B.50.340 Construction, reconstruction, equipping
and demolition of community and technical college facilities and acquisition of property—Financing by bonds
secured by pledge of building fees, grants. In addition to
the powers conferred under RCW 28B.50.090, the college
board is authorized and shall have the power:
(1) To permit the district boards of trustees to contract
for the construction, reconstruction, erection, equipping,
maintenance, demolition and major alterations of buildings
and other capital assets, and the acquisition of sites, rights-ofway, easements, improvements or appurtenances of the college as approved by the state board.
(2) To finance the same by the issuance of bonds secured
by the pledge of up to one hundred percent of the building
fees.
(3) Without limitation of the foregoing, to accept grants
from the United States government, or any federal or state
agency or instrumentality, or private corporation, association,
or person to aid in defraying the costs of any such projects.
(4) To retain bond counsel and professional bond consultants to aid it in issuing bonds pursuant to RCW
28B.50.340 through 28B.50.400. [1991 c 238 § 49; 1985 c
390 § 54; 1971 ex.s. c 279 § 18; 1970 ex.s. c 15 § 18. Prior:
1969 ex.s. c 261 § 26; 1969 ex.s. c 238 § 6; 1969 ex.s. c 223
§ 28B.50.340; prior: 1967 ex.s. c 8 § 34.]
28B.50.340
Additional notes found at www.leg.wa.gov
28B.50.350 Construction, reconstruction, equipping
and demolition of community and technical college facilities and acquisition of property—Bonds—Requirements.
For the purpose of financing the cost of any projects, the college board is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the
issuance, sale and delivery of the bonds or any part thereof at
such time or times as it shall deem necessary and advisable.
Said bonds:
(1) Shall not constitute:
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of the college or of the college
board;
(2) Shall be:
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred
dollars; and
28B.50.350
(2010 Ed.)
Community and Technical Colleges
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the college board with the manual or facsimile signature of the chairman of the board,
attested by the secretary of the board, have the seal of the college board impressed thereon or a facsimile of such seal
printed or lithographed in the bottom border thereof, and the
coupons attached thereto shall be signed with the facsimile
signatures of such chairman and the secretary;
(3) Shall state:
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest
solely out of the bond retirement fund created for retirement
thereof;
(4) Each series of bonds shall bear interest, payable
either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the
bond retirement fund;
(6) Shall be payable at such times over a period of not to
exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as
the board may prescribe;
(7) Shall be sold in such manner and at such price as the
board may prescribe;
(8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding
such payment, not inconsistent with RCW 28B.50.330
through 28B.50.400, and as found to be necessary by the
board for the most advantageous sale thereof, which may
include but not be limited to:
(a) A covenant that a reserve account shall be created in
the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made
that certain amounts be set aside and maintained therein;
(b) A covenant that sufficient moneys may be transferred
from the capital projects account of the college board issuing
the bonds to the bond retirement fund of the college board
when ordered by the board in the event there is ever an insufficient amount of money in the bond retirement fund to pay
any installment of interest or principal and interest coming
due on the bonds or any of them;
(c) A covenant fixing conditions under which bonds on a
parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds, exclusive of
accrued interest which shall be deposited in the bond retirement fund, shall be deposited in the state treasury to the credit
of the capital projects account of the college board and shall
be used solely for paying the costs of the projects, the costs of
bond counsel and professional bond consultants incurred in
issuing the bonds, and for the purposes set forth in subsection
(8)(b) of this section;
(9) Shall constitute a prior lien and charge against the
building fees of the community and technical colleges. [1991
c 238 § 50; 1985 c 390 § 55; 1971 ex.s. c 279 § 19; 1971 c 8
§ 2; 1970 ex.s. c 59 § 2; 1970 ex.s. c 56 § 32; 1970 ex.s. c 15
§ 19; 1969 ex.s. c 261 § 27; 1969 ex.s. c 232 § 106; 1969 ex.s.
c 223 § 28B.50.350. Prior: 1967 ex.s. c 8 § 35.]
(2010 Ed.)
28B.50.360
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
28B.50.360
28B.50.360 Construction, reconstruction, equipping,
and demolition of community and technical college facilities and acquisition of property—Community and technical college capital projects account—Disposition of building fees. (Effective until June 30, 2011.) Within thirty-five
days from the date of start of each quarter all collected building fees of each such community and technical college shall
be paid into the state treasury, and shall be credited as follows:
(1) On or before June 30th of each year the college board
if issuing bonds payable out of building fees shall certify to
the state treasurer the amounts required in the ensuing
twelve-month period to pay and secure the payment of the
principal of and interest on such bonds. The state treasurer
shall thereupon deposit the amounts so certified in the community and technical college capital projects account. Such
amounts of the funds deposited in the community and technical college capital projects account as are necessary to pay
and secure the payment of the principal of and interest on the
building bonds issued by the college board as authorized by
this chapter shall be devoted to that purpose. If in any
twelve-month period it shall appear that the amount certified
by the college board is insufficient to pay and secure the payment of the principal of and interest on the outstanding building bonds, the state treasurer shall notify the college board
and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal and interest on all such bonds then outstanding shall be
fully met at all times.
(2) The community and technical college capital projects
account is hereby created in the state treasury. The sums
deposited in the capital projects account shall be appropriated
and expended to pay and secure the payment of the principal
of and interest on bonds payable out of the building fees and
for the construction, reconstruction, erection, equipping,
maintenance, demolition and major alteration of buildings
and other capital assets owned by the state board for community and technical colleges in the name of the state of Washington, and the acquisition of sites, rights-of-way, easements,
improvements or appurtenances in relation thereto, engineering and architectural services provided by the department of
general administration, and for the payment of principal of
and interest on any bonds issued for such purposes. During
the 2009-2011 biennium, sums in the capital projects account
shall also be used for routine facility maintenance and utility
costs.
(3) Funds available in the community and technical college capital projects account may also be used for certificates
of participation under chapter 39.94 RCW. [2009 c 499 § 6;
2009 c 497 § 6022; 2005 c 488 § 922; 2004 c 277 § 910; 2002
c 238 § 303; 2000 c 65 § 1; 1997 c 42 § 1; 1991 sp.s. c 13 §§
47, 48; 1991 c 238 § 51. Prior: 1985 c 390 § 56; 1985 c 57 §
16; 1974 ex.s. c 112 § 4; 1971 ex.s. c 279 § 20; 1970 ex.s. c
15 § 20; prior: 1969 ex.s. c 261 § 28; 1969 ex.s. c 238 § 7;
1969 ex.s. c 223 § 28B.50.360; prior: 1967 ex.s. c 8 § 36.]
Reviser’s note: This section was amended by 2009 c 497 § 6022 and
by 2009 c 499 § 6, each without reference to the other. Both amendments are
[Title 28B RCW—page 161]
28B.50.360
Title 28B RCW: Higher Education
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Expiration date—2009 c 497 §§ 6022 and 6023: "Sections 6022 and
6023 of this act expire June 30, 2011." [2009 c 497 § 6051.]
Effective date—2009 c 497: See note following RCW 28B.15.210.
Part headings not law—2005 c 488: "Part headings in this act are not
any part of the law." [2005 c 488 § 956.]
Severability—2005 c 488: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 488 § 958.]
Effective dates—2005 c 488: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 16, 2005], except for sections 920 and 921 of this act, which take effect
June 30, 2005." [2005 c 488 § 959.]
Severability—Effective dates—2004 c 277: See notes following
RCW 89.08.550.
Severability—Effective date—2002 c 238: See notes following RCW
28B.30.730.
Effective date—2000 c 65: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 22, 2000]." [2000 c 65 § 3.]
Transfer of moneys in community and technical college bond retirement fund
to state general fund: RCW 28B.50.401 and 28B.50.402.
Additional notes found at www.leg.wa.gov
28B.50.360 Construction, reconstruction, equipping,
and demolition of community and technical college facilities and acquisition of property—Community and technical college capital projects account—Disposition of building fees. (Effective June 30, 2011.) Within thirty-five days
from the date of start of each quarter all collected building
fees of each such community and technical college shall be
paid into the state treasury, and shall be credited as follows:
(1) On or before June 30th of each year the college board
if issuing bonds payable out of building fees shall certify to
the state treasurer the amounts required in the ensuing
twelve-month period to pay and secure the payment of the
principal of and interest on such bonds. The state treasurer
shall thereupon deposit the amounts so certified in the community and technical college capital projects account. Such
amounts of the funds deposited in the community and technical college capital projects account as are necessary to pay
and secure the payment of the principal of and interest on the
building bonds issued by the college board as authorized by
this chapter shall be devoted to that purpose. If in any
twelve-month period it shall appear that the amount certified
by the college board is insufficient to pay and secure the payment of the principal of and interest on the outstanding building bonds, the state treasurer shall notify the college board
and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal and interest on all such bonds then outstanding shall be
fully met at all times.
(2) The community and technical college capital projects
account is hereby created in the state treasury. The sums
deposited in the capital projects account shall be appropriated
and expended to pay and secure the payment of the principal
of and interest on bonds payable out of the building fees and
for the construction, reconstruction, erection, equipping,
maintenance, demolition and major alteration of buildings
28B.50.360
[Title 28B RCW—page 162]
and other capital assets owned by the state board for community and technical colleges in the name of the state of Washington, and the acquisition of sites, rights-of-way, easements,
improvements or appurtenances in relation thereto, engineering and architectural services provided by the department of
general administration, and for the payment of principal of
and interest on any bonds issued for such purposes.
(3) Funds available in the community and technical college capital projects account may also be used for certificates
of participation under chapter 39.94 RCW. [2009 c 499 § 6;
2005 c 488 § 922; 2004 c 277 § 910; 2002 c 238 § 303; 2000
c 65 § 1; 1997 c 42 § 1; 1991 sp.s. c 13 §§ 47, 48; 1991 c 238
§ 51. Prior: 1985 c 390 § 56; 1985 c 57 § 16; 1974 ex.s. c 112
§ 4; 1971 ex.s. c 279 § 20; 1970 ex.s. c 15 § 20; prior: 1969
ex.s. c 261 § 28; 1969 ex.s. c 238 § 7; 1969 ex.s. c 223 §
28B.50.360; prior: 1967 ex.s. c 8 § 36.]
Part headings not law—2005 c 488: "Part headings in this act are not
any part of the law." [2005 c 488 § 956.]
Severability—2005 c 488: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 488 § 958.]
Effective dates—2005 c 488: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 16, 2005], except for sections 920 and 921 of this act, which take effect
June 30, 2005." [2005 c 488 § 959.]
Severability—Effective dates—2004 c 277: See notes following
RCW 89.08.550.
Severability—Effective date—2002 c 238: See notes following RCW
28B.30.730.
Effective date—2000 c 65: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 22, 2000]." [2000 c 65 § 3.]
Transfer of moneys in community and technical college bond retirement fund
to state general fund: RCW 28B.50.401 and 28B.50.402.
Additional notes found at www.leg.wa.gov
28B.50.370 Construction, reconstruction, equipping
and demolition of community and technical college facilities and acquisition of property—Bonds—Sources for
payment of principal and interest on—Funds credited to
bond retirement fund—Pledge to collect building fees.
For the purpose of paying and securing the payment of the
principal of and interest on the bonds as the same shall
become due, there shall be paid into the state treasury and
credited to the bond retirement fund of the college board, the
following:
(1) Amounts derived from building fees as are necessary
to pay the principal of and interest on the bonds and to secure
the same;
(2) Any grants which may be made, or may become
available for the purpose of furthering the construction of any
authorized projects, or for the repayment of the costs thereof;
(3) Such additional funds as the legislature may provide.
Said bond retirement fund shall be kept segregated from
all moneys in the state treasury and shall, while any of such
bonds or any interest thereon remains unpaid, be available
solely for the payment thereof. As a part of the contract of
sale of such bonds, the college board shall charge and collect
building fees as established by this chapter and deposit such
fees in the bond retirement fund in amounts which will be
28B.50.370
(2010 Ed.)
Community and Technical Colleges
sufficient to pay and secure the payment of the principal of,
and interest on all such bonds outstanding. [1991 c 238 § 52;
1985 c 390 § 57; 1971 ex.s. c 279 § 21; 1969 ex.s. c 238 § 8;
1969 ex.s. c 223 § 28B.50.370. Prior: 1967 ex.s. c 8 § 37.]
Transfer of moneys in community and technical college bond retirement fund
to state general fund: RCW 28B.50.401 and 28B.50.402.
Additional notes found at www.leg.wa.gov
28B.50.380 Construction, reconstruction, equipping
and demolition of community college facilities and acquisition of property—Bonds—Additional powers incident
to bond authorization. In accordance with the provisions of
RCW 28B.50.340 the college board is hereby empowered:
(1) To reserve the right to issue bonds later on a parity
with any bonds being issued;
(2) To authorize the investing of moneys in the bond
retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the college
board’s capital projects account to the bond retirement fund
when necessary to prevent a default in the payments required
to be made; and
(4) To create a reserve account or accounts in the bond
retirement fund to secure the payment of the principal of and
interest on any bonds. [1969 ex.s. c 223 § 28B.50.380. Prior:
1967 ex.s. c 8 § 38. Formerly RCW 28.85.380.]
28B.50.380
28B.50.390 Construction, reconstruction, equipping
and demolition of community college facilities and acquisition of property—Refunding bonds—Authorized—
Form, term, issuance, etc.—Exchange or sale. The college
board is hereby empowered to issue refunding bonds to provide funds to refund any or all outstanding bonds payable
from the bond retirement fund and to pay any redemption
premium payable on such outstanding bonds being refunded.
Such refunding bonds may be issued in the manner and on
terms and conditions and with the covenants permitted by
RCW 28B.50.330 through 28B.50.400 for the issuance of
bonds. The refunding bonds shall be payable out of the bond
retirement fund and shall not constitute an obligation either
general or special, of the state or a general obligation of the
college board. The board may exchange the refunding bonds
at par for the bonds which are being refunded or may sell
them in such manner, at such price and at such rate or rates of
interest as it deems for the best interest of the college. [1970
ex.s. c 56 § 33; 1969 ex.s. c 232 § 107; 1969 ex.s. c 223 §
28B.50.390. Prior: 1967 ex.s. c 8 § 39.]
28B.50.390
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
28B.50.400 Construction, reconstruction, equipping
and demolition of community college facilities and acquisition of property—Bonds as limited obligation bonds—
Additional means to pay principal and interest on. The
bonds authorized to be issued pursuant to the provisions of
RCW 28B.50.330 through 28B.50.400 shall not be general
obligations of the state of Washington, but shall be limited
obligation bonds payable only from the special funds created
for their payment. The legislature may specify additional
means for providing funds for the payment of principal and
interest of said bonds. RCW 28B.50.330 through 28B.50.400
28B.50.400
(2010 Ed.)
28B.50.404
shall not be deemed to provide an exclusive method for such
payment. The power given to the legislature by this section to
provide for additional means for raising money is permissive,
and shall not in any way be construed as a pledge of the general credit of the state of Washington. [1969 ex.s. c 223 §
28B.50.400. Prior: 1967 ex.s. c 8 § 40. Formerly RCW
28.85.400.]
28B.50.401 Transfer of moneys in community college
bond retirement fund to state general fund—Purpose.
The state finance committee has heretofore refunded, pursuant to RCW 28B.50.403 through 28B.50.407, all of the outstanding building bonds of the community college board payable from the community college bond retirement fund. By
reason of such refunding said bonds are no longer deemed to
be outstanding and moneys presently on deposit in said bond
retirement fund are no longer needed to pay and secure the
payment of such refunded bonds. [1985 c 390 § 58; 1977
ex.s. c 223 § 1.]
28B.50.401
Additional notes found at www.leg.wa.gov
28B.50.402 Transfer of moneys in community and
technical college bond retirement fund to state general
fund—Exception. Notwithstanding anything to the contrary
contained in RCW 28B.50.360 (1) and (2) and in RCW
28B.50.370, all moneys on deposit on or before June 30,
1977, in the community and technical college bond retirement fund, shall be transferred by the state treasurer to the
state general fund, except for those moneys appropriated by
section 17, chapter 1, Laws of 1977. [1991 c 238 § 53; 1977
ex.s. c 223 § 2.]
28B.50.402
Additional notes found at www.leg.wa.gov
28B.50.403 Refunding bonds—Authorized—Limitations. The state of Washington is hereby authorized to issue
state general obligation bonds for the purpose of refunding
any outstanding building, limited obligation bonds of the college board issued pursuant to this chapter in an amount not
exceeding 1.05 times the amount which, taking into account
amounts to be earned from the investment of the proceeds of
the issue, is required to pay the principal thereof, interest
thereon, any premium payable with respect thereto, and the
costs incurred in accomplishing such refunding: PROVIDED, That any proceeds of the refunding bonds in excess
of those required to accomplish such refunding, or any obligations acquired with such excess proceeds, shall be applied
exclusively for the payment of principal, interest, or call premiums with respect to such refunding obligations. In no event
shall the amount of such refunding bonds authorized in this
section exceed seventy-five million dollars. [1985 c 390 §
59; 1974 ex.s. c 112 § 1.]
28B.50.403
Additional notes found at www.leg.wa.gov
28B.50.404 Refunding bonds—Issuance—Security.
Subject to the specific provisions of RCW 28B.50.360 and
28B.50.403 through 28B.50.407, such general obligation
refunding bonds shall be issued and the refunding of said
community and technical college building bonds shall be carried out pursuant to chapters 39.42 and 39.53 RCW as now or
hereafter amended. The bonds shall pledge the full faith and
28B.50.404
[Title 28B RCW—page 163]
28B.50.405
Title 28B RCW: Higher Education
credit of the state of Washington and contain an unconditional promise of the state to pay the principal thereof and
interest thereon when due. [1991 c 238 § 54; 1985 c 390 §
60; 1974 ex.s. c 112 § 2.]
Additional notes found at www.leg.wa.gov
28B.50.405 Refunding bonds—Community and
technical college refunding bond retirement fund of 1974.
There is hereby created in the state treasury the community
and technical college refunding bond retirement fund of
1974, which fund shall be exclusively devoted to the payment
of the principal of and interest on the refunding bonds authorized by RCW 28B.50.360 and 28B.50.403 through
28B.50.407.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount needed
in the ensuing twelve months to pay the principal of and
interest on such bonds. On July 1st of each year the state treasurer shall deposit such amount in the refunding bond retirement fund of 1974 from any general state revenues received
in the state treasury. [1991 c 238 § 55; 1974 ex.s. c 112 § 3.]
28B.50.405
Additional notes found at www.leg.wa.gov
28B.50.406 Refunding bonds—Legislature may provide additional means of payments. The legislature may
provide additional means for raising moneys for the payment
of the interest and principal of the bonds authorized in RCW
28B.50.360 and 28B.50.403 through 28B.50.407 and
28B.50.360 and 28B.50.403 through 28B.50.407 shall not be
deemed to provide an exclusive method for such payment.
[1974 ex.s. c 112 § 5.]
28B.50.406
Additional notes found at www.leg.wa.gov
28B.50.407 Refunding bonds—Bonds legal investment for public funds. The bonds authorized in RCW
28B.50.360 and 28B.50.403 through 28B.50.407 shall be a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1974 ex.s. c
112 § 6.]
28B.50.407
28B.50.440 Construction of chapter when part
thereof in conflict with federal requirements which are
condition precedent to allocation of federal funds. If any
part of this chapter shall be found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, such conflicting part of
this chapter is hereby declared to be inoperative solely to the
extent of such conflict, and such findings or determination
shall not affect the operation of the remainder of this chapter.
[1969 ex.s. c 223 § 28B.50.440. Prior: 1967 ex.s. c 8 § 44.
Formerly RCW 28.85.440.]
28B.50.440
Federal funds, receipt of authorized: RCW 28B.50.520.
28B.50.450 Cooperative agreements with state and
local agencies. See RCW 74.29.037.
28B.50.450
28B.50.455 Vocational education of individuals with
disabilities—Procedures. Each technical college shall have
written procedures which include provisions for the vocational education of individuals with disabilities. These written procedures shall include a plan to provide services to individuals with disabilities, a written plan of how the technical
college will comply with relevant state and federal requirements for providing vocational education to individuals with
disabilities, a written plan of how the technical college will
provide on-site appropriate instructional support staff in compliance with P.L. 94-142, and as since amended, and section
504 of the rehabilitation act of 1973, and as thereafter
amended. [1991 c 238 § 158.]
28B.50.455
28B.50.460 Rehabilitation and job support services—Procedure—Register of eligible individuals and
organizations. See RCW 74.29.080.
28B.50.460
28B.50.463 Use of false academic credentials—Penalties. A person who issues or uses a false academic credential is subject to RCW 28B.85.220 and 9A.60.070. [2006 c
234 § 6.]
28B.50.463
Additional notes found at www.leg.wa.gov
28B.50.465 Cost-of-living increases—Academic
employees. (1) Academic employees of community and
technical college districts shall be provided an annual salary
cost-of-living increase in accordance with this section. For
purposes of this section, "academic employee" has the same
meaning as defined in RCW 28B.52.020.
(a) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year, except as provided in (d) of this
subsection, each college district shall receive a cost-of-living
allocation sufficient to increase academic employee salaries,
including mandatory salary-related benefits, by the rate of the
yearly increase in the cost-of-living index.
(b) A college district shall distribute its cost-of-living
allocation for salaries and salary-related benefits in accordance with the district’s salary schedules, collective bargaining agreements, and other compensation policies. No later
than the end of the fiscal year, each college district shall certify to the college board that it has spent funds provided for
cost-of-living increases on salaries and salary-related benefits.
28B.50.465
28B.50.409 Bonds—Committee advice and consent
prerequisite to issuance. All bonds issued after February
16, 1974 by the college board or any board of trustees for any
college district under provisions of chapter 28B.50 RCW, as
now or hereafter amended, shall be issued by such boards
only upon the prior advice and consent of the state finance
committee. [1991 c 238 § 56; 1974 ex.s. c 112 § 7.]
28B.50.409
Additional notes found at www.leg.wa.gov
28B.50.410 Rehabilitation services for individuals
with disabilities—Definitions. See RCW 74.29.010.
28B.50.410
28B.50.420 Rehabilitation services for individuals
with disabilities—Powers and duties of state agency. See
RCW 74.29.020.
28B.50.420
28B.50.430 Rehabilitation services for individuals
with disabilities—Acceptance of federal aid. See RCW
74.29.050 and 74.29.055.
28B.50.430
[Title 28B RCW—page 164]
(2010 Ed.)
Community and Technical Colleges
(c) The college board shall include any funded cost-ofliving increase in the salary base used to determine cost-ofliving increases for academic employees in subsequent years.
(d) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year except for the 2009-2010 and
2010-2011 fiscal years, the state shall fully fund the cost-ofliving increase set forth in this section.
(e) During the 2011-2013 and 2013-2015 fiscal biennia,
in addition to cost-of-living allocations required by (a) of this
subsection, community and technical college districts shall
receive additional cost-of-living allocations in equal increments such that, by the end of the 2014-15 academic year,
average salaries of academic employees of community and
technical college districts will be, at a minimum, equal to
what salaries would have been if cost-of-living allocations
had not been suspended during the 2009-10 or 2010-11
school years.
(2) For the purposes of this section, "cost-of-living
index" means, for any fiscal year, the previous calendar
year’s annual average consumer price index, using the official current base, compiled by the bureau of labor statistics,
United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one
consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
items shall be used for the cost-of-living index in this section.
[2009 c 573 § 2; 2003 1st sp.s. c 20 § 3; 2001 c 4 § 3 (Initiative Measure No. 732, approved November 7, 2000).]
Effective date—2009 c 573: See note following RCW 28A.400.205.
Severability—2001 c 4 (Initiative Measure No. 732): See note following RCW 28A.400.205.
28B.50.468 Cost-of-living increases—Classified
employees. (1) Classified employees of technical colleges
shall be provided an annual salary cost-of-living increase in
accordance with this section. For purposes of this section,
"technical college" has the same meaning as defined in RCW
28B.50.030. This section applies to only those classified
employees under the jurisdiction of chapter 41.56 RCW.
(a) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year, except as provided in (d) of this
subsection, each technical college board of trustees shall
receive a cost-of-living allocation sufficient to increase classified employee salaries, including mandatory salary-related
benefits, by the rate of the yearly increase in the cost-of-living index.
(b) A technical college board of trustees shall distribute
its cost-of-living allocation for salaries and salary-related
benefits in accordance with the technical college’s salary
schedules, collective bargaining agreements, and other compensation policies. No later than the end of the fiscal year,
each technical college shall certify to the college board that it
has spent funds provided for cost-of-living increases on salaries and salary-related benefits.
(c) The college board shall include any funded cost-ofliving increase in the salary base used to determine cost-ofliving increases for technical college classified employees in
subsequent years.
(d) Beginning with the 2001-2002 fiscal year, and for
each subsequent fiscal year except for the 2009-2010 and
28B.50.468
(2010 Ed.)
28B.50.489
2010-2011 fiscal years, the state shall fully fund the cost-ofliving increase set forth in this section.
(e) During the 2011-2013 and 2013-2015 fiscal biennia,
in addition to cost-of-living allocations required by (a) of this
subsection, technical college districts shall receive additional
cost-of-living allocations in equal increments such that, by
the end of the 2014-15 academic year, average salaries of
classified employees of technical college districts will be, at
a minimum, equal to what salaries would have been if costof-living allocations had not been suspended during the
2009-10 or 2010-11 school years.
(2) For the purposes of this section, "cost-of-living
index" means, for any fiscal year, the previous calendar
year’s annual average consumer price index, using the official current base, compiled by the bureau of labor statistics,
United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one
consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
items shall be used for the cost-of-living index in this section.
[2009 c 573 § 3; 2003 1st sp.s. c 20 § 4; 2001 c 4 § 4 (Initiative Measure No. 732, approved November 7, 2000).]
Effective date—2009 c 573: See note following RCW 28A.400.205.
Severability—2001 c 4 (Initiative Measure No. 732): See note following RCW 28A.400.205.
28B.50.482 Accumulated sick leave—Transferred
employees of vocational-technical institutes. Sick leave
accumulated by employees of vocational-technical institutes
shall be transferred to the college districts without loss of
time subject to the provisions of RCW 28B.50.551 and the
further provisions of any negotiated agreements then in force.
[1991 c 238 § 136.]
28B.50.482
28B.50.484 Health care service contracts—Transferred employees of vocational-technical institutes. The
state employees’ benefit board shall adopt rules to preclude
any preexisting conditions or limitations in existing health
care service contracts for school district employees at vocational-technical institutes transferred to the state board for
community and technical colleges. The board shall also provide for the disposition of any dividends or refundable
reserves in the school district’s health care service contracts
applicable to vocational-technical institute employees. [1991
c 238 § 137.]
28B.50.484
28B.50.489 Part-time academic employees—Statemandated benefits—Definitions. For the purposes of determining eligibility of state-mandated insurance, retirement
benefits under RCW 28B.10.400, and sick leave for part-time
academic employees in community and technical colleges,
the following definitions shall be used:
(1) "Full-time academic workload" means the number of
in-class teaching hours that a full-time instructor must teach
to fulfill his or her employment obligations in a given discipline in a given college. If full-time academic workload is
defined in a contract adopted through the collective bargaining process, that definition shall prevail. If the full-time
workload bargained in a contract includes more than in-class
28B.50.489
[Title 28B RCW—page 165]
28B.50.4891
Title 28B RCW: Higher Education
teaching hours, only that portion that is in-class teaching
hours may be considered academic workload.
(2) "In-class teaching hours" means contact classroom
and lab hours in which full or part-time academic employees
are performing contractually assigned teaching duties. The
in-class teaching hours shall not include any duties performed in support of, or in addition to, those contractually
assigned in-class teaching hours.
(3) "Academic employee" in a community or technical
college means any teacher, counselor, librarian, or department head who is employed by a college district, whether full
or part-time, with the exception of the chief administrative
officer of, and any administrator in, each college district.
(4) "Part-time academic workload" means any percentage of a full-time academic workload for which the part-time
academic employee is not paid on the full-time academic salary schedule. [2000 c 128 § 2; 1996 c 120 § 1.]
Construction—2000 c 128: See note following RCW 28B.52.220.
28B.50.4891 Part-time academic employees—Statemandated benefits—Reporting eligible employees. For
the purposes of determining eligibility for receipt of statemandated benefits for part-time academic employees at community and technical colleges, each institution shall report to
the appropriate agencies the names of eligible part-time academic employees who qualify for benefits based on calculating the hours worked by part-time academic employees as a
percentage of the part-time academic workload to the fulltime academic workload in a given discipline in a given institution. [1996 c 120 § 2.]
28B.50.4891
28B.50.4892 Part-time academic employees—Best
practices compensation and employment—Task force—
Report. (1) The legislature finds that community colleges
and technical colleges have an obligation to carry out their
roles and missions in an equitable fashion. The legislature
also finds that governing boards for community colleges and
technical colleges have a responsibility to provide leadership
and guidance to their colleges in the equitable treatment of
part-time faculty teaching in the community and technical
colleges.
(2) The state board for community and technical colleges
shall convene a task force to conduct a review and update of
the best practices audit of compensation packages and conditions of employment for part-time faculty in the community
and technical college system conducted in 1996 and reported
on in 1998. The task force shall include but need not be limited to part-time faculty, full-time faculty, members of the
state board, community college administrators, and members
of community college and technical college governing
boards. In performing the review and update of the audit, the
task force shall focus on the employment of part-time faculty,
and shall include the following issues in its deliberations:
Salary issues, provision of health and retirement benefits, the
implications of increased reliance on part-time rather than
full-time faculty, the implications of workload definitions,
and tangible and intangible ways to recognize the professional stature of part-time faculty.
(3) The task force shall report its findings to the state
board, local governing boards, and other interested parties by
28B.50.4892
[Title 28B RCW—page 166]
December 1, 2005. The report shall include recommendations on a review of the status of the set of best practices principles for the colleges to follow in their employment of parttime faculty developed in 1996. The state board for community and technical colleges shall adopt and periodically
update a set of best practices principles for colleges in the
community and technical college system to follow in their
employment of part-time faculty. The board shall use the
best practices principles in the development of each biennial
operating budget request. The board shall encourage and, to
the extent possible, require each local governing board to
adopt, revise, and implement the principles. [2005 c 119 § 2;
1996 c 120 § 3.]
Findings—2005 c 119: "The legislature finds that:
(1) The part-time faculty in the community and technical colleges provide a valuable contribution to quality instruction;
(2) The part-time faculty are essential to the success of the open access
opportunities provided by the two-year colleges to the citizens of Washington;
(3) The two-year colleges employ a core of skilled, well-trained faculty
whose contributions are critical to the quality and breadth of program offerings;
(4) The community and technical colleges have an essential role in
educating and retraining high-skilled workers who are vital to the economic
health of the communities of Washington;
(5) It is vital to attract and retain highly skilled faculty capable of preparing students to transfer to four-year colleges and universities and for the
workforce;
(6) Low and stagnating salaries as well as the lack of career advancement options for part-time faculty are detrimental to the morale of all faculty;
(7) Part-time faculty contribute to the learning environment offered to
the students through advising and attention that all good educators bring to
their profession; and
(8) Although progress has been made since the initial work of the best
practices task force in 1996, additional progress needs to be made to improve
and implement best practices for part-time community and technical college
faculty." [2005 c 119 § 1.]
28B.50.4893 Part-time academic employees—Sick
leave. (1) Part-time academic employees of community and
technical colleges shall receive sick leave to be used for the
same illnesses, injuries, bereavement, and emergencies as
full-time academic employees at the college in proportion to
the individual’s teaching commitment at the college.
(2) The provisions of RCW 41.04.665 shall apply to
leave sharing for part-time academic employees who accrue
sick leave under subsection (1) of this section.
(3) The provisions of RCW 28B.50.553 shall apply to
remuneration for unused sick leave for part-time academic
employees who accrue sick leave under subsection (1) of this
section. [2000 c 128 § 1.]
28B.50.4893
Construction—2000 c 128: See note following RCW 28B.52.220.
28B.50.4894 Part-time academic employees—Continuous health care eligibility—Employer contributions.
Health care benefits for part-time academic employees are
governed by *RCW 41.05.053. [2006 c 308 § 3.]
28B.50.4894
*Reviser’s note: RCW 41.05.053 was repealed by 2009 c 537 § 8,
effective January 1, 2010.
28B.50.490 Fiscal management—Powers and duties
of officers and agencies. See RCW 43.88.160.
28B.50.490
28B.50.500 General provisions for institutions of
higher education. See chapter 28B.10 RCW.
28B.50.500
(2010 Ed.)
Community and Technical Colleges
28B.50.510 State purchasing and material control,
community college purchases. See RCW 43.19.190.
28B.50.510
28B.50.520 Federal funds, receipt of authorized. The
college board or any board of trustees is authorized to receive
federal funds made available for the assistance of community
and technical colleges, and providing physical facilities,
maintenance or operation of schools, or for any educational
purposes, according to the provisions of the acts of congress
making such funds available. [1991 c 238 § 57; 1969 ex.s. c
223 § 28B.50.520. Prior: 1967 ex.s. c 8 § 52. Formerly RCW
28.85.520.]
28B.50.520
Construction of chapter when part thereof in conflict with federal requirements which are condition precedent to allocation of federal funds:
RCW 28B.50.440.
28B.50.522 Office for adult literacy. The college
board personnel administering state and federally funded programs for adult basic skills and literacy education shall be
known as the state office for adult literacy. [1991 c 238 § 92.]
28B.50.522
28B.50.528 Contracts with adjacent college district
for administrative services. If a technical college is created
after September 1, 1991, that college may contract with an
adjacent college district for administrative services until such
time that an existing or new college district may assume jurisdiction over the college. [1991 c 238 § 139.]
28B.50.528
28B.50.530 Agreements for use of services or facilities between district boards of trustees and school boards.
The district boards of trustees and the common school boards
are hereby authorized to enter into agreements for the use by
either of the other’s services, facilities or equipment and for
the presentation of courses of either for students of the other
where such agreements are deemed to be in the best interests
of the education of the students involved. [1969 ex.s. c 223 §
28B.50.530. Prior: 1967 ex.s. c 8 § 53. Formerly RCW
28.85.530.]
28B.50.530
Community education programs: RCW 28A.620.020.
28B.50.531 Dual high school and college credit for
secondary career and technical courses—Agreements.
(1) It is the legislature’s intent to recognize and support the
work of community and technical colleges, high schools, and
skill centers in creating articulation and dual credit agreements for career and technical education students, in part by
codifying current practice.
(2) Community and technical colleges shall create agreements with high schools and skill centers to offer dual high
school and college credit for secondary career and technical
courses. Agreements shall be subject to approval by the chief
instructional officer of the college and the principal and the
career and technical education director of the high school or
the executive director of the skill center.
(3) Community and technical colleges may create dual
credit agreements with high schools and skill centers that are
located outside the college district boundary or service area.
(4) If a community or technical college has created an
agreement with a high school or skill center to offer college
credit for a secondary career and technical course, all com28B.50.531
(2010 Ed.)
28B.50.533
munity and technical colleges shall accept the course for an
equal amount of college credit. [2008 c 170 § 108.]
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
28B.50.532 Completion of industry certificate or credential—Agreements with skill centers. (1) A community
or technical college may enter into an agreement with a skill
center within the college district to allow students who have
completed a high school diploma to remain enrolled in the
skill center in courses necessary to complete an industry certificate or credential in the student’s career and technical program as provided by RCW 28A.245.080.
(2) Before entering an agreement, a community or technical college may require the skill center to provide evidence
that:
(a) The skill center has adequate facilities and capacity to
offer the necessary courses and the community or technical
college does not have adequate facilities or capacity; or
(b) The community or technical college does not offer
the particular industry certificate program or courses proposed by the skill center.
(3) Under the terms of the agreement, the community or
technical college shall report the enrolled student as a statesupported student and may charge the student tuition and
fees. The college shall transmit to the skill center an agreedupon amount per enrolled full-time equivalent student to pay
for the student’s courses at the skill center. [2008 c 170 §
305.]
28B.50.532
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
28B.50.533 Contracts with common school districts
for occupational and academic programs for high school
students—Enrollment opportunities—Interlocal agreements. Community and technical colleges may contract with
local common school districts to provide occupational and
academic programs for high school students. Common
school districts whose students currently attend vocationaltechnical institutes shall not suffer loss of opportunity to continue to enroll their students at technical colleges.
For the purposes of this section, "opportunity to enroll"
includes, but is not limited to, the opportunity of common
school districts to enroll the same number of high school students enrolled at each vocational-technical institute during
the period July 1, 1989, through June 30, 1990, and the
opportunity for common school districts to increase enrollments of high school students at each technical college in
proportion to annual increases in enrollment within the
school districts participating on September 1, 1991. Technical colleges shall offer programs which are accessible to high
school students to at least the extent that existed during the
period July 1, 1989, through June 30, 1990, and to the extent
necessary to accommodate proportional annual growth in
enrollments of high school students within school districts
participating on September 1, 1991. Accommodating such
annual increases in enrollment or program offerings shall be
the first priority within technical colleges subject to any
enrollment or budgetary restrictions. Technical colleges shall
not charge tuition or student services and activities fees to
high school students enrolled in the college.
28B.50.533
[Title 28B RCW—page 167]
28B.50.534
Title 28B RCW: Higher Education
Technical colleges may enter into interlocal agreements
with local school districts to provide instruction in courses
required for high school graduation, basic skills, and literacy
training for students enrolled in technical college programs.
[1991 c 238 § 82.]
28B.50.534 High school completion pilot program.
(1) A pilot program is created for two community or technical
colleges to make available courses or a program of study, on
the college campus, designed to enable students under the age
of twenty-one who have completed all state and local high
school graduation requirements except the certificate of academic achievement or certificate of individual achievement
to complete their high school education and obtain a high
school diploma.
(a) The colleges participating in the pilot program in this
section may make courses or programs under this section
available by entering into contracts with local school districts
to deliver the courses or programs. Colleges participating in
the pilot program that offer courses or programs under contract shall be reimbursed for each enrolled eligible student as
provided in the contract, and the high school diploma shall be
issued by the local school district;
(b) Colleges participating in the pilot program may
deliver courses or programs under this section directly. Colleges that deliver courses or programs directly shall be reimbursed for each enrolled eligible student as provided in RCW
28A.600.405, and the high school diploma shall be issued by
the college;
(c) Colleges participating in the pilot program may make
courses or programs under this section available through a
combination of contracts with local school districts, collaboration with educational service districts, and direct service
delivery. Colleges participating in the pilot program may
also make courses or programs under this section available
for students at locations in addition to the college campus; or
(d) Colleges participating in the pilot program may enter
into regional partnerships to carry out the provisions of this
subsection (1).
(2) Regardless of the service delivery method chosen,
colleges participating in the pilot program shall ensure that
all eligible students located in school districts within their
college district as defined in RCW 28B.50.040 have an
opportunity to enroll in a course or program under this section.
(3) Colleges participating in the pilot program shall not
require students enrolled under this section to pay tuition or
services and activities fees; however this waiver of tuition
and services and activities fees shall be in effect only for
those courses that lead to a high school diploma.
(4) Nothing in this section or RCW 28A.600.405 precludes a community or technical college from offering
courses or a program of study for students other than eligible
students as defined by RCW 28A.600.405 to obtain a high
school diploma, nor is this section or RCW 28A.600.405
intended to restrict diploma completion programs offered by
school districts or educational service districts. Community
and technical colleges and school districts are encouraged to
consult with educational service districts in the development
and delivery of programs and courses required under this section.
28B.50.534
[Title 28B RCW—page 168]
(5) Community and technical colleges participating in
the pilot program shall not be required to administer the
Washington assessment of student learning. [2007 c 355 §
3.]
Finding—Intent—2007 c 355: "The legislature finds that the goal of
Washington’s education reform is for all students to meet rigorous academic
standards so that they are prepared for success in college, work, and life.
Educators know that not all students learn at the same rate or in the same
way. Some students will take longer to meet the state’s standards for high
school graduation. Older students who cannot graduate with their peers need
an appropriate learning environment and flexible programming that enables
them simultaneously to earn a diploma, work, and pursue other training
options. Providing learning options in locations in addition to high schools
will encourage older students to complete their diplomas. Therefore the legislature intends to create a pilot high school completion program at two community and technical colleges for older students who have not yet received a
diploma but are eligible for state basic education support." [2007 c 355 § 1.]
28B.50.535 Community or technical college—Issuance of high school diploma or certificate. A community
or technical college may issue a high school diploma or certificate as provided under this section.
(1) An individual who satisfactorily meets the requirements for high school completion shall be awarded a diploma
from the college, subject to rules adopted by the superintendent of public instruction and the state board of education.
(2) An individual enrolled through the option established
under RCW 28A.600.310 through 28A.600.400 who satisfactorily completes an associate degree, including an associate of arts degree, associate of science degree, associate of
technology degree, or associate in applied science degree,
shall be awarded a diploma from the college upon written
request from the student.
(3) An individual, twenty-one years or older, who enrolls
in a community or technical college for the purpose of obtaining an associate degree and who satisfactorily completes an
associate degree, including an associate of arts degree, associate of science degree, associate of technology degree, or
associate in applied science degree, shall be awarded a
diploma from the college upon written request from the student. Individuals under this subsection are not eligible for
funding provided under chapter 28A.150 RCW. [2009 c 524
§ 2; 2007 c 355 § 2; 1991 c 238 § 58; 1969 ex.s. c 261 § 30.]
28B.50.535
Intent—2009 c 524: "The legislature has previously affirmed the value
of career and technical education, particularly in programs that lead to
nationally recognized certification. These programs provide students with
the knowledge and skills to become responsible citizens and contribute to
their own economic well-being and that of their families and communities,
which is the goal of education in the public schools. The legislature has also
previously affirmed the value of dual enrollment in college and high school
programs that can lead to both an associate degree and a high school
diploma. Therefore, the legislature intends to maximize students’ options
and choices for completing high school by awarding diplomas to students
who complete these valuable postsecondary programs." [2009 c 524 § 1.]
Finding—Intent—2007 c 355: See note following RCW 28B.50.534.
Additional notes found at www.leg.wa.gov
28B.50.536 General educational development test—
Rules—Issuance of certificate of educational competence.
Subject to rules adopted by the state board of education under
RCW 28A.305.190, the state board for community and technical colleges shall adopt rules governing the eligibility of
persons sixteen years of age and older to take the general educational development test, rules governing the administration
of the test, and rules governing the issuance of a certificate of
28B.50.536
(2010 Ed.)
Community and Technical Colleges
28B.50.553
§ 3; 1977 ex.s. c 173 § 2; 1975 1st ex.s. c 275 § 148; 1973 c
62 § 22; 1969 ex.s. c 283 § 7. Formerly RCW 28.85.551.]
educational competence to persons who successfully complete the test. Certificates of educational competence issued
under this section shall be issued in such form and substance
as agreed upon by the state board for community and technical colleges and superintendent of public instruction. [1993 c
218 § 3.]
Application—2006 c 243: "This act applies only to leave accumulated
on or after June 7, 2006." [2006 c 243 § 2.]
Construction—2000 c 128: See note following RCW 28B.52.220.
Additional notes found at www.leg.wa.gov
28B.50.551 Leave provisions. The board of trustees of
each college district shall adopt for each community and
technical college under its jurisdiction written policies on
granting leaves to employees of the district and those colleges, including but not limited to leaves for attendance at
official or private institutions and conferences; professional
leaves for personnel consistent with the provisions of RCW
28B.10.650; leaves for illness, injury, bereavement, and
emergencies, consistent with RCW 28B.50.4893, and except
as otherwise in this section provided, all with such compensation as the board of trustees may prescribe, except that the
board shall grant to all such persons leave with full compensation for illness, injury, bereavement and emergencies as
follows:
(1) For persons under contract to be employed, or otherwise employed, for at least three quarters, not more than
twelve days per year, commencing with the first day on
which work is to be performed; provisions of any contract in
force on June 12, 1980, which conflict with requirements of
this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the
parties shall be consistent with this subsection;
(2)(a) Such leave entitlement may be accumulated after
the first three-quarter period of employment for full-time
employees, and may be taken at any time;
(b) For part-time academic employees, such leave entitlement shall be accumulated after the first quarter of
employment by a college district or the first quarter after June
8, 2000, whichever is later, and may be taken at any time;
(3) Leave for illness, injury, bereavement and emergencies heretofore accumulated pursuant to law, rule, regulation
or policy by persons presently employed by college districts
and community and technical colleges shall be added to such
leave accumulated under this section;
(4) Except as otherwise provided in this section or other
law, accumulated leave under this section not taken at the
time such person retires or ceases to be employed by college
districts or community and technical colleges shall not be
compensable;
(5) Accumulated leave for illness, injury, bereavement
and emergencies shall be transferred from one college district
to another or between a college district and the following:
Any state agency, any educational service district, any school
district, or any other institution of higher education as defined
in RCW 28B.10.016;
(6) Leave accumulated by a person in a college district or
community and technical college prior to leaving that district
or college may, under the policy of the board of trustees, be
granted to such person when he or she returns to the employment of that district or college; and
(7) Employees of the Seattle Vocational Institute are
exempt from this section until July 1, 1993. [2006 c 243 § 1;
2000 c 128 § 3; 1995 c 119 § 1; 1991 c 238 § 59; 1980 c 182
28B.50.553 Attendance incentive program. (1)
Unless the context clearly requires otherwise, the definitions
in this subsection apply throughout this section.
(a) "Employer" means the board of trustees for each college district or the state board for community and technical
colleges.
(b) "Eligible employee" means an employee of a college
district or the state board for community and technical colleges who belongs to one of the following classifications:
(i) Academic employees as defined in RCW 28B.52.020;
(ii) Classified employees of technical colleges whose
employment is governed under chapter 41.56 RCW;
(iii) Professional, paraprofessional, and administrative
employees exempt from chapter 41.06 RCW; and
(iv) Employees of the state board for community and
technical colleges who are exempt from chapter 41.06 RCW.
(2) An attendance incentive program is established for
all eligible employees of a college district or the state board
for community and technical colleges entitled to accumulate
sick leave and for whom accurate sick leave records have
been maintained. An eligible employee may not receive compensation under this section for a portion of sick leave accumulated at a rate in excess of one day per month.
(3) In January of the year following a year in which a
minimum of sixty days of sick leave is accrued, and each following January, an eligible employee may exercise an option
to receive remuneration for unused sick leave accumulated in
the previous year at a rate equal to one day’s monetary compensation of the employee for each four full days of accrued
sick leave in excess of sixty days. Sick leave for which compensation has been received shall be deducted from accrued
sick leave at the rate of four days for every one day’s monetary compensation.
(4) At the time of separation from employment with a
college district or the state board for community and technical colleges due to retirement or death, an eligible employee
or the employee’s estate may receive remuneration at a rate
equal to one day’s current monetary compensation of the
employee for each four full days’ accrued sick leave.
(5) In lieu of remuneration for unused sick leave at
retirement as provided in subsection (4) of this section, an
employer may, with equivalent funds, provide eligible
employees with a benefit plan that provides reimbursement
for medical expenses. For employees whose conditions of
employment are governed by chapter 28B.52 or 41.56 RCW,
such benefit plans shall be instituted only by agreement
applicable to the members of a bargaining unit. A benefit
plan adopted must require, as a condition of participation
under the plan, that the employee sign an agreement with the
employer. The agreement must include a provision to hold
the employer harmless should the United States government
find that the employer or the employee is in debt to the United
States as a result of the employee not paying income taxes
due on the equivalent funds placed into the plan, or as a result
28B.50.551
(2010 Ed.)
28B.50.553
[Title 28B RCW—page 169]
28B.50.600
Title 28B RCW: Higher Education
of the employer not withholding or deducting a tax, assessment, or other payment on the funds as required under federal
law. The agreement must also include a provision that
requires an eligible employee to forfeit remuneration under
subsection (4) of this section if the employee belongs to a unit
that has been designated to participate in the benefit plan permitted under this subsection and the employee refuses to execute the required agreement.
(6) Remuneration or benefits received under this section
are not included for the purposes of computing a retirement
allowance under a public retirement system in this state.
(7) The state board for community and technical colleges
shall adopt uniform rules to carry out the purposes of this section. The rules shall define categories of eligible employees.
The categories of eligible employees are subject to approval
by the office of financial management. The rules shall also
require that each employer maintain complete and accurate
sick leave records for all eligible employees.
(8) Should the legislature revoke a remuneration or benefit granted under this section, an affected employee is not
then entitled to receive the benefits as a matter of contractual
right. [1997 c 232 § 1.]
Additional notes found at www.leg.wa.gov
28B.50.600 School district bonds—Redemption of by
school district to continue though facility under control of
college district board. Whenever a common school board
has contracted to redeem general obligation bonds used for
the construction or acquisition of facilities which are now to
be under the administration, control and occupancy of the
college district board, the common school board shall continue to redeem the bonds in accordance with the provisions
of the bonds. [1991 c 238 § 60; 1969 ex.s. c 223 §
28B.50.600. Prior: 1967 ex.s. c 8 § 60. Formerly RCW
28.85.600.]
28B.50.600
28B.50.601 School district bonds—Redemption—
Facilities under administration of college district board.
If a school board has contracted to redeem general obligation
bonds used for the construction or acquisition of facilities
which are now to be under the administration, control, and
occupancy of the college district board, the school board shall
continue to redeem the bonds in accordance with the provisions of the bonds. [1991 c 238 § 138.]
28B.50.601
28B.50.740 School district bonds—Those issued for
community and technical college facilities not considered
indebtedness under statutory limitations on. Notwithstanding any other statutory provision relating to indebtedness of school districts, bonds heretofore issued by any common school district for the purpose of providing funds for
community and technical college facilities shall not be considered as indebtedness in determining the maximum allowable indebtedness under any statutory limitation of indebtedness when the sum of all indebtedness therein does not
exceed the maximum constitutional allowable indebtedness
applied to the value of the taxable property contained in such
school district: PROVIDED, That nothing contained herein
shall be construed to affect the distribution of state funds
under any applicable distribution formula. [1991 c 238 § 61;
28B.50.740
[Title 28B RCW—page 170]
1969 ex.s. c 223 § 28B.50.740. Prior: 1967 ex.s. c 8 § 74.
Formerly RCW 28.85.740.]
Forty mill limit: State Constitution Art. 7 § 2.
Limitation of indebtedness prescribed: RCW 39.36.020.
Limitations upon municipal indebtedness: State Constitution Art. 8 § 6.
28B.50.795 Bachelor of science in nursing program—University Center of North Puget Sound. (1)
RCW 28B.50.901 assigns responsibility for the north Snohomish, Island, and Skagit counties’ higher education consortium to Everett Community College. In April of 2009,
Everett Community College opened Gray Wolf Hall, the new
home of the University Center of North Puget Sound. The
University Center currently offers over twenty bachelor’s and
master’s degrees from six partner universities.
(2) Although Everett Community College offers an associate degree nursing program that graduates approximately
seventy to ninety students per year, the University Center
does not offer a bachelor of science in nursing. Some graduates of the Everett Community College program are able to
articulate to the bachelor of science in nursing program
offered by the University of Washington-Bothell at its Bothell campus or in Mt. Vernon but current capacity is not sufficient for all of the graduates who are both interested and qualified.
(3) Despite recent growth in nursing education capacity,
shortages still persist for registered nurses. According to a
June 2007 study by the Washington, Wyoming, Alaska,
Montana, and Idaho center for health workforce studies, the
average age of Washington’s registered nurses was fortyeight years. More than a third were fifty-five years of age or
older. Consequently, the high rate of registered nurses retiring from nursing practice over the next two decades will significantly reduce the supply. This reduction comes at the
same time as the state’s population grows and ages. The registered nurse education capacity in Washington has a large
impact on the supply of registered nurses in the state. If the
rate of graduation in registered nursing does not increase,
projections show that supply in Washington will begin to
decline by 2015. In contrast, if graduation rates increased by
four hundred per year, the supply of registered nurses would
meet estimated demand by the year 2021.
(4) Subject to specific funding to support up to fifty fulltime equivalent students in a bachelor of nursing program,
the University Center at Everett Community College, in partnership with the University of Washington-Bothell, shall
offer a bachelor of science in nursing program with capacity
for up to fifty full-time students. [2010 1st sp.s. c 25 § 1.]
28B.50.795
Effective date—2010 1st sp.s. c 25: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect July
1, 2010." [2010 1st sp.s. c 25 § 2.]
28B.50.810 Applied baccalaureate degree programs.
(1) The college board may select community or technical colleges to develop and offer programs of study leading to
applied baccalaureate degrees. Colleges may submit applications to the college board. The college board and the higher
education coordinating board shall review the applications
and select the colleges using objective criteria, including, but
not limited to:
28B.50.810
(2010 Ed.)
Community and Technical Colleges
(a) The college demonstrates the capacity to make a
long-term commitment of resources to build and sustain a
high quality program;
(b) The college has or can readily engage faculty appropriately qualified to develop and deliver a high quality curriculum at the baccalaureate level;
(c) The college can demonstrate demand for the proposed program from a sufficient number of students within
its service area to make the program cost-effective and feasible to operate;
(d) The college can demonstrate that employers demand
the level of technical training proposed within the program,
making it cost-effective for students to seek the degree; and
(e) The proposed program fills a gap in options available
for students because it is not offered by a public four-year
institution of higher education in the college’s geographic
area.
(2) A college selected under this section may develop the
curriculum for and design and deliver courses leading to an
applied baccalaureate degree. However, degree programs
developed under this section are subject to approval by the
college board under RCW 28B.50.090 and by the higher education coordinating board under RCW 28B.76.230 before a
college may enroll students in upper division courses. [2010
c 245 § 3; 2008 c 166 § 2; 2005 c 258 § 6.]
Findings—Expand on demand—System design plan endorsed—
2010 c 245: See note following RCW 28B.50.020.
Findings—Intent—2008 c 166: "The legislature finds that the six colleges that developed proposals for the applied baccalaureate degree pilot programs exhibited exemplary work preparing proposals. The proposals were
consistent with the legislature’s vision for expanding bachelor’s degree
access and with the principals and criteria developed by the college board.
The legislature recognizes that the authorization for the pilots was limited in
number and therefore not all the proposals were able to be approved. The
legislature values the work that has been done and intends to provide authority for additional pilots so as not to lose the good work that has been done."
[2008 c 166 § 1.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
28B.50.820 Baccalaureate degree programs—Agreements with regional universities, branch campuses, or the
state college. (1) One strategy to accomplish expansion of
baccalaureate capacity in underserved regions of the state is
to allocate state funds for student enrollment to a community
and technical college and authorize the college to enter into
agreements with a regional university or state college as
defined in RCW 28B.10.016 or a branch campus under chapter 28B.45 RCW, to offer baccalaureate degree programs.
(2) Subject to legislative appropriation for the purpose
described in this section, the college board shall select and
allocate funds to three community or technical colleges for
the purpose of entering into an agreement with one or more
regional universities, branch campuses, or the state college to
offer baccalaureate degree programs on the college campus.
(3) The college board shall select the community or technical college based on analysis of gaps in service delivery,
capacity, and student and employer demand for programs.
Before taking effect, the agreement under this section must
be approved by the higher education coordinating board.
(4) Students enrolled in programs under this section are
considered students of the regional university, branch cam28B.50.820
(2010 Ed.)
28B.50.839
pus, or state college for all purposes including tuition and
reporting of state-funded enrollments. [2005 c 258 § 12.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
28B.50.835 Exceptional faculty awards—Intent. The
legislature recognizes that quality in the state’s community
and technical colleges would be strengthened by additional
partnerships between citizens and the institutions. The legislature intends to foster these partnerships by creating a
matching grant program to assist public community and technical colleges in creating endowments for funding exceptional faculty awards. [1991 c 238 § 62; 1990 c 29 § 1.]
28B.50.835
Additional notes found at www.leg.wa.gov
28B.50.8351 Exceptional faculty awards—"Foundation" defined. For purposes of RCW 28B.50.835 through
28B.50.843 "foundation" means a private nonprofit corporation that: (1) Is registered under Title 24 RCW and qualified
as a tax-exempt entity under section 501(c)(3) of the federal
internal revenue code; (2) exists solely for the benefit of one
or more community or technical colleges in this state; and (3)
is registered with the attorney general’s office under the charitable trust act, chapter 11.110 RCW. [1993 c 87 § 3.]
28B.50.8351
28B.50.837 Exceptional faculty awards—Established—Community and technical college faculty awards
trust fund. (1) The Washington community and technical
college exceptional faculty awards program is established.
The program shall be administered by the college board. The
college faculty awards trust fund hereby created shall be
administered by the state treasurer.
(2) Funds appropriated by the legislature for the community and technical college exceptional faculty awards program shall be deposited in the college faculty awards trust
fund. At the request of the college board, the treasurer shall
release the state matching funds to the local endowment fund
of the college or its foundation. No appropriation is necessary for the expenditure of moneys from the fund. Expenditures from the fund may be used solely for the exceptional
faculty awards program. During the 2009-2011 fiscal biennium, the legislature may transfer from the college faculty
awards trust fund to the state general fund such amounts as
reflect the excess fund balance in the account. [2010 1st sp.s.
c 37 § 914; 2009 c 564 § 1803; 2003 c 129 § 2; 2002 c 371 §
902; 1993 c 87 § 1; 1991 sp.s. c 13 §§ 108, 109; 1991 c 238 §
63; 1990 c 29 § 2.]
28B.50.837
Effective date—2010 1st sp.s. c 37: See note following RCW
13.06.050.
Effective date—2009 c 564: See note following RCW 2.68.020.
Severability—Effective date—2002 c 371: See notes following RCW
9.46.100.
Additional notes found at www.leg.wa.gov
28B.50.839 Exceptional faculty awards—Guidelines—Matching funds—Donations—Disbursements. (1)
In consultation with eligible community and technical colleges, the college board shall set priorities and guidelines for
the program.
(2) All community and technical colleges and their foundations shall be eligible for matching trust funds. When they
28B.50.839
[Title 28B RCW—page 171]
28B.50.841
Title 28B RCW: Higher Education
can match the state funds with equal cash donations from private sources, institutions and foundations may apply to the
college board for grants from the fund in ten thousand dollar
increments up to a maximum set by the college board. These
donations shall be made specifically to the exceptional faculty awards program and deposited by the institution or foundation in a local endowment fund or a foundation’s fund.
Otherwise unrestricted gifts may be deposited in the endowment fund by the institution or foundation.
(3) Once sufficient private donations are received by the
institution or foundation, the institution shall inform the college board and request state matching funds. The college
board shall evaluate the request for state matching funds
based on program priorities and guidelines. The college
board may ask the state treasurer to release the state matching
funds to a local endowment fund established by the institution or a foundation’s fund established by a foundation for
each faculty award created.
(4) A college, by action of its board of trustees, may
transfer those exceptional faculty award funds accumulated
in its local endowment fund between July 1, 1991, and July
25, 1993, to its foundation’s local endowment fund established as provided in subsection (2) of this section. [2003 c
129 § 1; 1994 c 234 § 3; 1993 c 87 § 2; 1991 c 238 § 64; 1990
c 29 § 3.]
Additional notes found at www.leg.wa.gov
28B.50.841 Exceptional faculty awards—Name of
award—Duties of institution—Use of endowment proceeds. (1) The faculty awards are the property of the institution and may be named in honor of a donor, benefactor, or
honoree of the institution, at the option of the institution. The
institution shall designate the use of the award to individuals,
groups, or for the improvement of faculty as a whole. The
designation shall be made or renewed annually.
(2) The institution is responsible for soliciting private
donations, investing and maintaining its endowment funds,
administering the faculty awards, and reporting on the program to the governor, the college board, and the legislature,
upon request. The institution may augment its endowment
fund with additional unrestricted private donations. The principal of the invested endowment fund shall not be invaded.
(3) The proceeds from the endowment fund shall be used
to pay expenses for faculty awards, which may include faculty development activities, in-service training, temporary
substitute or replacement costs directly associated with faculty development programs, conferences, travel, publication
and dissemination of exemplary projects; to supplement the
salary of the holder or holders of a faculty award; or to pay
expenses associated with the holder’s program area. Funds
from this program shall not be used to supplant existing faculty development funds. [2000 c 127 § 1; 1991 c 238 § 65;
1990 c 29 § 4.]
28B.50.841
Additional notes found at www.leg.wa.gov
28B.50.843 Exceptional faculty awards—Determination of award—Collective bargaining. The process for
determining local awards shall be subject to collective bargaining. Decisions regarding the amounts of individual
awards and who receives them shall not be subject to collec28B.50.843
[Title 28B RCW—page 172]
tive bargaining and shall be subject to approval of the applicable board of trustees. [1991 c 238 § 66; 1990 c 29 § 5.]
Additional notes found at www.leg.wa.gov
28B.50.844 Exceptional faculty awards—Eligibility
of foundation for matching funds—Endowment fund
management. A foundation is not eligible to receive matching funds under RCW 28B.50.835 through 28B.50.843
unless the foundation and the board of trustees of the college
for whose benefit the foundation exists have entered into a
contract, approved by the attorney general, that: (1) Specifies
the services to be provided by the foundation; (2) provides for
protection of the community and technical college exceptional awards endowment funds under the foundation’s control; and (3) provides for the college’s assumption of ownership, management, and control of such funds if the foundation ceases to exist or function properly, or fails to provide
the specified services in accordance with the contract.
The principal of the community and technical college
exceptional awards endowment fund managed by the foundation shall not be invaded. Funds recovered by a college under
this section shall be deposited into the college’s local endowment fund. For purposes of this section, community and technical college exceptional awards endowment funds include
the private donations, state matching funds, and any accrued
interest on such donations and matching funds. [1993 c 87 §
4.]
28B.50.844
28B.50.850 Faculty tenure—Purpose. It shall be the
purpose of RCW 28B.50.850 through 28B.50.869 to establish a system of faculty tenure which protects the concepts of
faculty employment rights and faculty involvement in the
protection of those rights in the state system of community
and techn ical colleges. RCW 28B .5 0.85 0 thr ou gh
28B.50.869 shall define a reasonable and orderly process for
appointment of faculty members to tenure status and the dismissal of the tenured faculty member.
Employees of the Seattle Vocational Institute are exempt
from this section until July 1, 1993. [1991 c 238 § 67; 1969
ex.s. c 283 § 32. Formerly RCW 28.85.850.]
28B.50.850
Additional notes found at www.leg.wa.gov
28B.50.851 Faculty tenure—Definitions. As used in
RCW 28B.50.850 through 28B.50.869:
(1) "Tenure" shall mean a faculty appointment for an
indefinite period of time which may be revoked only for adequate cause and by due process;
(2)(a) "Faculty appointment", except as otherwise provided in (b) of this subsection, shall mean full time employment as a teacher, counselor, librarian or other position for
which the training, experience and responsibilities are comparable as determined by the appointing authority, except
administrative appointments; "faculty appointment" shall
also mean department heads, division heads and administrators to the extent that such department heads, division heads
or administrators have had or do have status as a teacher,
counselor, or librarian; faculty appointment shall also mean
employment on a reduced work load basis when a faculty
member has retained tenure under RCW 28B.50.859;
28B.50.851
(2010 Ed.)
Community and Technical Colleges
(b) "Faculty appointment" shall not mean special faculty
appointment as a teacher, counselor, librarian, or other position as enumerated in (a) of this subsection, when such
employment results from special funds provided to a community college district from federal moneys or other special
funds which other funds are designated as "special funds" by
the college board: PROVIDED, That such "special funds" so
designated by the college board for purposes of this section
shall apply only to teachers, counselors and librarians hired
from grants and service agreements and teachers, counselors
and librarians hired in nonformula positions. A special faculty appointment resulting from such special financing may
be terminated upon a reduction or elimination of funding or a
reduction or elimination of program: PROVIDED FURTHER, That "faculty appointees" holding faculty appointments pursuant to subsections (1) or (2)(a) of this section who
have been subsequently transferred to positions financed
from "special funds" pursuant to (b) of this subsection and
who thereafter lose their positions upon reduction or elimination of such "special funding" shall be entitled to be returned
to previous status as faculty appointees pursuant to subsection (1) or (2)(a) of this section depending upon their status
prior to the "special funding" transfer. Notwithstanding the
fact that tenure shall not be granted to anyone holding a special faculty appointment, the termination of any such faculty
appointment prior to the expiration of the term of such faculty
member’s individual contract for any cause which is not
related to elimination or reduction of financing or the
elimination or reduction of program shall be considered a termination for cause subject to the provisions of this chapter;
(3) "Probationary faculty appointment" shall mean a faculty appointment for a designated period of time which may
be terminated without cause upon expiration of the probationer’s terms of employment;
(4) "Probationer" shall mean an individual holding a probationary faculty appointment;
(5) "Administrative appointment" shall mean employment in a specific administrative position as determined by
the appointing authority;
(6) "Appointing authority" shall mean the board of trustees of a college district;
(7) "Review committee" shall mean a committee composed of the probationer’s faculty peers, a student representative, and the administrative staff of the community or technical college: PROVIDED, That the majority of the committee
shall consist of the probationer’s faculty peers. [1993 c 188 §
1; 1991 c 294 § 2; 1991 c 238 § 68; 1988 c 32 § 2; 1975 1st
ex.s. c 112 § 1; 1974 ex.s. c 33 § 1; 1970 ex.s. c 5 § 3; 1969
ex.s. c 283 § 33. Formerly RCW 28.85.851.]
Intent—1991 c 294: "Improving the quality of instruction at our state
institutions of higher education is a priority of the legislature. Recently,
many efforts have been made by the legislature, the colleges, and the higher
education coordinating board to assess and improve the quality of instruction
received by students at our state institutions. It is the intent of the legislature
that, in conjunction with these various efforts, the process for the award of
faculty tenure at community colleges should allow for a thorough review of
the performance of faculty appointees prior to the granting of tenure." [1991
c 294 § 1.]
Additional notes found at www.leg.wa.gov
28B.50.852 Faculty tenure—Rules and regulations—
Award of faculty tenure—Maximum probationary
28B.50.852
(2010 Ed.)
28B.50.857
period. The appointing authority shall promulgate rules and
regulations implementing RCW 28B.50.850 through
28B.50.869 and shall provide for the award of faculty tenure
following a probationary period not to exceed nine consecutive college quarters, excluding summer quarter and
approved leaves of absence: PROVIDED, That tenure may
be awarded at any time as may be determined by the appointing authority after it has given reasonable consideration to the
recommendations of the review committee. Upon formal recommendation of the review committee and with the written
consent of the probationary faculty member, the appointing
authority may extend its probationary period for one, two, or
three quarters, excluding summer quarter, beyond the maximum probationary period established herein. No such extension shall be made, however, unless the review committee’s
recommendation is based on its belief that the probationary
faculty member needs additional time to complete satisfactorily a professional improvement plan already in progress and
in the committee’s further belief that the probationary faculty
member will complete the plan satisfactorily. At the conclusion of any such extension, the appointing authority may
award tenure unless the probationary faculty member has, in
the judgment of the committee, failed to complete the professional improvement plan satisfactorily. [1991 c 294 § 3;
1969 ex.s. c 283 § 34. Formerly RCW 28.85.852.]
Intent—Construction—Effective date, application—Severability—
1991 c 294: See notes following RCW 28B.50.851.
Additional notes found at www.leg.wa.gov
28B.50.855 Faculty tenure—Written agreement
embodying terms of employment furnished faculty. The
appointing authority shall provide each faculty member,
immediately upon employment, with a written agreement
which delineates the terms of employment including all conditions and responsibilities attached thereto. [1969 ex.s. c
283 § 35. Formerly RCW 28.85.855.]
28B.50.855
Additional notes found at www.leg.wa.gov
28B.50.856 Faculty tenure—Evaluation of probationer by review committee—Progress report, acknowledgment of receipt—Recommendation as to tenure. The
probationary faculty appointment period shall be one of continuing evaluation of a probationer by a review committee.
The evaluation process shall place primary importance upon
the probationer’s effectiveness in his appointment. The
review committee shall periodically advise each probationer,
in writing, of his progress during the probationary period and
receive the probationer’s written acknowledgment thereof.
The review committee shall at appropriate times make recommendations to the appointing authority as to whether tenure should or should not be granted to individual probationers: PROVIDED, That the final decision to award or withhold tenure shall rest with the appointing authority, after it
has given reasonable consideration to the recommendations
of the review committee. [1969 ex.s. c 283 § 36. Formerly
RCW 28.85.856.]
28B.50.856
Additional notes found at www.leg.wa.gov
28B.50.857 Faculty tenure—Decision not to renew
probationary appointment, notice by appointing author28B.50.857
[Title 28B RCW—page 173]
28B.50.859
Title 28B RCW: Higher Education
ity, when. Upon the decision not to renew a probationary
faculty appointment, the appointing authority shall notify the
probationer of such decision as soon as possible during the
regular college year: PROVIDED, That such notice may not
be given later than one complete quarter, except summer
quarter, before the expiration of the probationary faculty
appointment. [1991 c 294 § 4; 1969 ex.s. c 283 § 37. Formerly RCW 28.85.857.]
Intent—Construction—Effective date, application—Severability—
1991 c 294: See notes following RCW 28B.50.851.
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
28B.50.864
28B.50.864 Faculty tenure—Appeal from decision
for dismissal—Procedure. Any faculty member dismissed
pursuant to RCW 28B.50.850 through 28B.50.869 shall have
a right to appeal the final decision of the appointing authority
in accordance with RCW 34.05.510 through 34.05.598.
[1989 c 175 § 80; 1973 c 62 § 24; 1969 ex.s. c 283 § 42. Formerly RCW 28.85.864.]
Additional notes found at www.leg.wa.gov
28B.50.867
28B.50.859 Faculty tenure—Tenure retained upon
reduced work load assignment. An appointing authority
may allow a tenured faculty member to retain tenure upon
assignment to a reduced work load. The appointing authority
and the faculty member shall execute a written agreement setting forth the terms and conditions of the assignment, including the conditions, if any, under which the faculty member
may return to full time employment. [1988 c 32 § 1.]
28B.50.859
28B.50.860 Faculty tenure—Tenure retained upon
administrative appointment. A tenured faculty member,
upon appointment to an administrative appointment shall be
allowed to retain his tenure. [1977 ex.s. c 282 § 7; 1969 ex.s.
c 283 § 38. Formerly RCW 28.85.860.]
28B.50.860
Additional notes found at www.leg.wa.gov
28B.50.861 Faculty tenure—Dismissal only for sufficient cause. The tenured faculty member shall not be dismissed except for sufficient cause, nor shall a faculty member
who holds a probationary faculty appointment be dismissed
prior to the written terms of the appointment except for sufficient cause. [1969 ex.s. c 283 § 39. Formerly RCW
28.85.861.]
28B.50.861
Additional notes found at www.leg.wa.gov
28B.50.862 Faculty tenure—Certain grounds constituting sufficient cause. Sufficient cause shall also include
aiding and abetting or participating in: (1) Any unlawful act
of violence; (2) Any unlawful act resulting in destruction of
community college property; or (3) Any unlawful interference with the orderly conduct of the educational process.
[1969 ex.s. c 283 § 40. Formerly RCW 28.85.862.]
28B.50.862
28B.50.867 Faculty tenure—Tenure rights upon
transfer of employment to another community or technical college. Upon transfer of employment from one community or technical college to another community or technical
college within a district, a tenured faculty member shall have
the right to retain tenure and the rights accruing thereto which
he or she had in his or her previous employment: PROVIDED, That upon permanent transfer of employment to
another college district a tenured faculty member shall not
have the right to retain his tenure or any of the rights accruing
thereto. [1991 c 238 § 69; 1969 ex.s. c 283 § 43. Formerly
RCW 28.85.867.]
Additional notes found at www.leg.wa.gov
28B.50.868
28B.50.868 Faculty tenure—Faculty members currently employed granted tenure. All employees of a community college district, except presidents, who were
employed in the community college district at the effective
date of chapter 283, Laws of 1969 ex. sess. and who hold or
have held a faculty appointment with the community college
district or its predecessor school district shall be granted tenure by their appointing authority notwithstanding any other
provision of RCW 28B.50.850 through 28B.50.869. [1970
ex.s. c 5 § 4; 1969 ex.s. c 283 § 44. Formerly RCW
28.85.868.]
Reviser’s note: The various provisions of chapter 283, Laws of 1969
ex. sess. became effective on several different dates. The effective date of the
provisions thereof relating to tenure appears to have been midnight August
10, 1969, see preface, Laws of 1969 ex. sess., and see also 1969 ex.s. c 283
§§ 54 and 55 (uncodified).
Additional notes found at www.leg.wa.gov
28B.50.869
Additional notes found at www.leg.wa.gov
28B.50.863 Faculty tenure—Review prior to dismissal—Scope—Recommendations of review committee. Prior to the dismissal of a tenured faculty member, or a
faculty member holding an unexpired probationary faculty
appointment, the case shall first be reviewed by a review
committee. The review shall include testimony from all interested parties including, but not limited to, other faculty members and students. The faculty member whose case is being
reviewed shall be afforded the right of cross-examination and
the opportunity to defend himself. The review committee
shall prepare recommendations on the action they propose be
taken and submit such recommendations to the appointing
authority prior to their final action. [1969 ex.s. c 283 § 41.
Formerly RCW 28.85.863.]
28B.50.863
[Title 28B RCW—page 174]
28B.50.869 Faculty tenure—Review committees,
composition—Selection of faculty representatives, student representative. The review committees required by
RCW 28B.50.850 through 28B.50.869 shall be composed of
members of the administrative staff, a student representative,
and the faculty. The representatives of the faculty shall represent a majority of the members on each review committee.
The members representing the faculty on each review
committee shall be selected by a majority of the faculty and
faculty department heads acting in a body. The student representative, who shall be a full time student, shall be chosen by
the student association of the particular community or technical college in such manner as the members thereof shall
determine. [1993 c 188 § 2; 1991 c 238 § 70; 1974 ex.s. c 33
§ 2; 1969 ex.s. c 283 § 45. Formerly RCW 28.85.869.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Community and Technical Colleges
28B.50.870 Faculty tenure—For certain educational
programs operated in state correctional institutions. The
district board of trustees of any college district currently
operating an educational program with funds provided by
another state agency, including federal funds, which program
has been in existence for five or more years under the administration of one or more college districts, shall provide for the
award or denial of tenure to anyone who holds a special faculty appointment in such curricular program and for as long
as the program continues to be funded in such manner, utilizing the prescribed probationary processes and procedures set
forth in this chapter with the exception that no student representative shall be required to serve on the review committee
defined in RCW 28B.50.851: PROVIDED, That such review
processes and procedures shall not be applicable to faculty
members whose contracts are renewed after *the effective
date of this 1977 amendatory act and who have completed at
least three consecutive years of satisfactory full time service
in such program, who shall be granted tenure by the college
district: PROVIDED FURTHER, That faculty members who
have completed one year or more of satisfactory full time service in such program shall be credited with such service for
the purposes of this section: PROVIDED, FURTHER, That
provisions relating to tenure for faculty under the provisions
of this section shall be distinct from provisions relating to
tenure for other faculty of the college district and faculty
appointed to such special curricular program shall be treated
as a separate unit as respects selection, retention, reduction in
force or dismissal hereunder: AND PROVIDED FURTHER,
That the provisions of this section shall only be applicable to
faculty holding a special faculty appointment in an educational program operated in a state correctional institution pursuant to a written contract with a college district. [1991 c 238
§ 71; 1977 ex.s. c 282 § 1.]
28B.50.870
*Reviser’s note: Phrase "the effective date of this 1977 amendatory
act": Except for RCW 28B.50.100 and 28B.50.101 which were effective
January 1, 1978, (see note following RCW 28B.50.100) the effective date of
1977 ex.s. c 282 (the enactment of RCW 28B.50.870, 28B.50.090,
28B.50.140, 28B.50.300, and 28B.50.860 and the repeal of RCW
28B.50.570, 28B.50.590, 28B.50.750, and 28B.56.060) was September 21,
1977.
Additional notes found at www.leg.wa.gov
28B.50.872 Periodic posttenure evaluation. By June
30, 1994, each community and technical college shall establish, through the local collective bargaining process, periodic
posttenure evaluation of all full-time faculty consistent with
the standards of the Northwest association of schools and colleges. [1993 c 188 § 3.]
28B.50.872
Additional notes found at www.leg.wa.gov
28B.50.873 Reduction in force of tenured or probationary faculty members due to financial emergency—
Conditions—Procedure—Rights. The college board may
declare a financial emergency under the following conditions: (1) Reduction of allotments by the governor pursuant
to *RCW 43.88.110(2), or (2) reduction by the legislature
from one biennium to the next or within a biennium of appropriated funds based on constant dollars using the implicit
price deflator. When a district board of trustees determines
that a reduction in force of tenured or probationary faculty
members may be necessary due to financial emergency as
28B.50.873
(2010 Ed.)
28B.50.873
declared by the state board, written notice of the reduction in
force and separation from employment shall be given the faculty members so affected by the president or district president
as the case may be. Said notice shall clearly indicate that separation is not due to the job performance of the employee and
hence is without prejudice to such employee and need only
state in addition the basis for the reduction in force as one or
more of the reasons enumerated in subsections (1) and (2) of
this section.
Said tenured or probationary faculty members will have
a right to request a formal hearing when being dismissed pursuant to subsections (1) and (2) of this section. The only issue
to be determined shall be whether under the applicable policies, rules or collective bargaining agreement the particular
faculty member or members advised of severance are the
proper ones to be terminated. Said hearing shall be initiated
by filing a written request therefor with the president or district president, as the case may be, within ten days after issuance of such notice. At such formal hearing the tenure review
committee provided for in RCW 28B.50.863 may observe the
formal hearing procedure and after the conclusion of such
hearing offer its recommended decision for consideration by
the hearing officer. Failure to timely request such a hearing
shall cause separation from service of such faculty members
so notified on the effective date as stated in the notice, regardless of the duration of any individual employment contract.
The hearing required by this section shall be an adjudicative proceeding pursuant to chapter 34.05 RCW, the Administrative Procedure Act, conducted by a hearing officer
appointed by the board of trustees and shall be concluded by
the hearing officer within sixty days after written notice of
the reduction in force has been issued. Ten days written
notice of the formal hearing will be given to faculty members
who have requested such a hearing by the president or district
president as the case may be. The hearing officer within ten
days after conclusion of such formal hearing shall prepare
findings, conclusions of law and a recommended decision
which shall be forwarded to the board of trustees for its final
action thereon. Any such determination by the hearing officer
under this section shall not be subject to further tenure review
committee action as otherwise provided in this chapter.
Notwithstanding any other provision of this section, at
the time of a faculty member or members request for formal
hearing said faculty member or members may ask for participation in the choosing of the hearing officer in the manner
provided in RCW 28A.405.310(4), said employee therein
being a faculty member for the purposes hereof and said
board of directors therein being the board of trustees for the
purposes hereof: PROVIDED, That where there is more than
one faculty member affected by the board of trustees’ reduction in force such faculty members requesting hearing must
act collectively in making such request: PROVIDED FURTHER, That costs incurred for the services and expenses of
such hearing officer shall be shared equally by the community or technical college and the faculty member or faculty
members requesting hearing.
When more than one faculty member is notified of termination because of a reduction in force as provided in this section, hearings for all such faculty members requesting formal
hearing shall be consolidated and only one such hearing for
the affected faculty members shall be held, and such consoli[Title 28B RCW—page 175]
28B.50.874
Title 28B RCW: Higher Education
dated hearing shall be concluded within the time frame set
forth herein.
Separation from service without prejudice after formal
hearing under the provisions of this section shall become
effective upon final action by the board of trustees.
It is the intent of the legislature by enactment of this section and in accordance with RCW 28B.52.035, to modify any
collective bargaining agreements in effect, or any conflicting
board policies or rules, so that any reductions in force which
take place after December 21, 1981, whether in progress or to
be initiated, will comply solely with the provisions of this
section: PROVIDED, That any applicable policies, rules, or
provisions contained in a collective bargaining agreement
related to lay-off units, seniority and re-employment rights
shall not be affected by the provisions of this paragraph.
Nothing in this section shall be construed to affect the
right of the board of trustees or its designated appointing
authority not to renew a probationary faculty appointment
pursuant to RCW 28B.50.857. [1991 c 238 § 72; 1990 c 33 §
559; 1989 c 175 § 81; 1981 2nd ex.s. c 13 § 1.]
*Reviser’s note: RCW 43.88.110 was amended by 1991 c 358 § 2
changing subsection (2) to subsection (3).
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Additional notes found at www.leg.wa.gov
28B.50.874 Transfer of administration of vocationaltechnical institutes to system of community and technical
colleges—Personnel rights. When the state system of community and technical colleges assumes administrative control
of the vocational-technical institutes, personnel employed by
the vocational-technical institutes shall:
(1) Suffer no reduction in compensation, benefits,
seniority, or employment status. After September 1, 1991,
classified employees shall continue to be covered by chapter
41.56 RCW and faculty members and administrators shall be
covered by chapter 28B.50 RCW;
(2) To the extent applicable to faculty members, any faculty currently employed on a "continuing contract" basis
under RCW 28A.405.210 be awarded tenure pursuant to
RCW 28B.50.851 through 28B.50.873, except for any faculty members who are provisional employees under RCW
28A.405.220;
(3) Be eligible to participate in the health care and other
insurance plans provided by the health care authority and the
public employees’ benefits board pursuant to chapter 41.05
RCW;
(4) Be eligible to participate in old age annuities or
retirement income plans under the rules of the state board for
community and technical colleges pursuant to RCW
28B.10.400 or the teachers’ retirement system plan 1 for personnel employed before July 1, 1977, or plan 2 for personnel
employed after July 1, 1977, under chapter 41.32 RCW; however, no affected vocational-technical institute employee
shall be required to choose from among any available retirement plan options prior to six months after September 1,
1991;
(5) Have transferred to their new administrative college
district all accrued sick and vacation leave and thereafter
shall earn and use all such leave under the rule established
pursuant to RCW 28B.50.551;
28B.50.874
[Title 28B RCW—page 176]
(6) Be eligible to participate in the deferred compensation plan and programs pursuant to RCW 41.05.123,
41.05.300 through 41.05.360, and 41.05.295 under the applicable rules.
An exclusive bargaining representative certified to represent a bargaining unit covering employees of a vocational
technical institute on September 1, 1991, shall remain the
exclusive representative of such employees thereafter until
and unless such representative is replaced or decertified in
accordance with state law.
Any collective bargaining agreement in effect on June
30, 1991, shall remain in effect as it applies to employees of
vocational technical institutes until its expiration or renewal
date or until renegotiated or renewed in accordance with
chapter 28B.52 or 41.56 RCW. After the expiration date of a
collective bargaining agreement, all of the terms and conditions specified in the collective bargaining agreement, as it
applies to employees of vocational-technical institutes, shall
remain in effect until the effective date of a subsequent agreement, not to exceed one year from the termination date stated
in the agreement. The board of trustees and the employees
may mutually agree to continue the terms and conditions of
the agreement beyond the one year extension. However,
nothing in this section shall be construed to deny any
employee right granted under chapter 28B.52 or 41.56 RCW.
Labor relations processes and agreements covering faculty
members of vocational technical institutes after September 1,
1991, shall be governed by chapter 28B.52 RCW. Labor
relations processes and agreements covering classified
employees of vocational technical institutes after September
1, 1991, shall continue to be governed by chapter 41.56
RCW. [2008 c 229 § 11; 1998 c 116 § 14; 1991 c 238 § 83.]
Effective date—2008 c 229: See note following RCW 41.05.295.
28B.50.8742 Technical colleges—Employee option to
reenroll in public employees’ benefits trust. Employees of
technical colleges who were members of the [a] public
employees’ benefits trust and as a result of chapter 238, Laws
of 1991, were required to enroll in public employees’ benefits
board-sponsored plans, must decide whether to reenroll in the
trust by January 1, 1996, or the expiration of the current collective bargaining agreements, whichever is later. Employees
of a bargaining unit or administrative or managerial employees otherwise not included in a bargaining unit shall be
required to transfer by group. Administrative or managerial
employees shall transfer in accordance with rules established
by the health care authority. If employee groups elect to
transfer, they are eligible to reenroll in the public employees’
benefits board-sponsored plans. This one-time reenrollment
option in the public employees’ benefits board-sponsored
plans is available to be exercised in January 2001, or only
every five years thereafter, until exercised. [1995 1st sp.s. c
6 § 10.]
28B.50.8742
Additional notes found at www.leg.wa.gov
28B.50.8744 Technical colleges—Payment to public
employees’ and retirees’ insurance account. (1) In a manner prescribed by the state health care authority, technical
colleges who have employees enrolled in a benefits trust shall
remit to the health care authority for deposit in the public
28B.50.8744
(2010 Ed.)
Community and Technical Colleges
employees’ and retirees’ insurance account established in
RCW 41.05.120 the amount specified for remittance in the
omnibus appropriations act.
(2) The remittance requirements of this section do not
apply to employees of a technical college who receive insurance benefits through contracts with the health care authority.
[1995 1st sp.s. c 6 § 19.]
Additional notes found at www.leg.wa.gov
28B.50.875 Laboratory services for the analyzing of
samples, public agencies may contract with college for.
Local law enforcement agencies or such other public agencies that shall be in need of such service may contract with
any community or technical college for laboratory services
for the analyzing of samples that chemists associated with
such colleges may be able to perform under such terms and
conditions as the individual college may determine.
Employees of the Seattle Vocational Institute are exempt
from this section until July 1, 1993. [1991 c 238 § 73; 1969
ex.s. c 261 § 35. Formerly RCW 28.85.875.]
28B.50.875
Additional notes found at www.leg.wa.gov
28B.50.901
and the qualification of teachers for such instruction. [2001 c
204 § 8; 1991 c 238 § 111.]
28B.50.890 Apprentices—Associate degree pathway.
(1) At the request of an apprenticeship committee pursuant to
RCW 49.04.150, the community or technical college or colleges providing apprentice-related and supplemental instruction for an apprenticeship program shall develop an associate
degree pathway for the apprentices in that program, if the
necessary resources are available.
(2) In developing a degree program, the community or
technical college or colleges shall ensure, to the extent possible, that related and supplemental instruction is credited
toward the associate degree and that related and supplemental
instruction and other degree requirements are not redundant.
(3) If multiple community or technical colleges provide
related and supplemental instruction for a single apprenticeship committee, the colleges shall work together to the maximum extent possible to create consistent requirements for the
pathway. [2003 c 128 § 3.]
28B.50.890
Findings—2003 c 128: See note following RCW 49.04.150.
28B.50.895 Apprentice education waivers. With
regard to waivers for courses offered for the purpose of satisfying related or supplemental educational requirements for
apprentices registered with the Washington state apprenticeship council or the federal bureau of apprenticeship and training, colleges may at the request of an apprenticeship organization, deduct the tuition owed from training contracts with
that apprentice organization. [2005 c 159 § 1.]
28B.50.895
28B.50.877 Technical colleges—Purchase of support
services from school districts. During the period from May
17, 1991, until September 1, 1991:
(1) The executive director of the state board for community and technical colleges, or the executive director’s designee, may enter into contracts, or agreements for goods, services, and personnel, on behalf of the technical college,
which are effective after September 1, 1991. The executive
director, or the executive director’s designee, may conduct
business, including budget approval, relevant to the operation
of the technical college in the period subsequent to September 1, 1991.
(2) Vocational-technical institute directors may conduct
business relevant to the operation of the vocational-technical
institutes. School boards and superintendents may not restrict
or remove powers previously delegated to the vocationaltechnical institute directors during the 1990-91 school year.
(3) Technical colleges’ boards of trustees appointed
before September 1, 1991, shall serve in an advisory capacity
to the vocational-technical institute director.
As of September 1, 1991, technical colleges may, by
interlocal agreement, continue to purchase from the school
districts, support services within mutually agreed upon categories at a cost not to exceed the indirect rate charged during
the 1990-91 school year. No employee of a technical college
may be discriminated against based on actions or opinions
expressed on issues surrounding chapter 238, Laws of 1991.
Any dispute related to issues contained in this section shall be
resolved under RCW 28B.50.302. [1991 c 238 § 143.]
28B.50.877
28B.50.880 Apprentices—Recommendations of the
state board for community and technical colleges. The
state board for community and technical colleges shall provide recommendations to the apprenticeship council and
apprenticeship programs, established under chapter 49.04
RCW, on matters of related and supplemental instruction for
apprentices, coordination of instruction with job experiences,
28B.50.880
(2010 Ed.)
28B.50.901 Regional higher education consortium
management and leadership—Everett Community College—Educational plan. (1) The legislature finds that
access to baccalaureate and graduate degree programs continues to be limited for residents of North Snohomish, Island,
and Skagit counties. Studies conducted by the state board for
community and technical colleges, the higher education coordinating board, and the council of presidents confirm that
enrollment in higher education in this geographic region lags
enrollment in other parts of the state, particularly for upper
division courses leading to advanced degrees. The higher
education consortium created to serve the region has not been
able to successfully address the region’s access needs. The
university center model of service delivery, centered on a
community college campus with a single point of accountability, has proven more effective in developing degree programs and attracting students.
(2) Therefore the legislature intends to refocus the consortium by assigning management and leadership responsibility for consortium operations to Everett Community College. Everett Community College shall collaborate with
community and business leaders, other local community colleges, the public four-year institutions of higher education,
and the higher education coordinating board to develop an
educational plan for the North Snohomish, Island, and Skagit
county region based on the university center model. The plan
should provide for projections of student enrollment demand,
coordinated delivery of lower and upper division courses,
expanded availability of baccalaureate degree programs and
28B.50.901
[Title 28B RCW—page 177]
28B.50.902
Title 28B RCW: Higher Education
high demand degree and certificate programs in the region,
and a timeline and cost estimates for moving the physical
location of the consortium to the college campus. The college shall submit preliminary recommendations to the higher
education and fiscal committees of the legislature by December 1, 2005. [2005 c 258 § 13.]
lic instruction or the state board of education in the Revised
Code of Washington shall be construed to mean the director
or the state board for community and technical colleges when
referring to the functions transferred in this section. [1991 c
238 § 85.]
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
28B.50.913 Transfer of powers from Washington
institute for applied technology to Seattle Vocational
Institute. The public nonprofit corporation for the Washington institute for applied technology is hereby abolished and
its powers, duties, and functions are hereby transferred to the
sixth college district. The Washington institute for applied
technology shall be renamed the Seattle Vocational Institute.
The Seattle Vocational Institute shall become a fourth unit of
the sixth college district. All references to the director or public nonprofit corporation for the Washington institute for
applied technology in the Revised Code of Washington shall
be construed to mean the director of the Seattle Vocational
Institute. [1991 c 238 § 94.]
28B.50.902 Centers of excellence. The college board,
in consultation with business, industry, labor, the workforce
training and education coordinating board, the *department
of community, trade, and economic development, the
employment security department, and community and technical colleges, shall designate centers of excellence and allocate funds to existing and new centers of excellence based on
a competitive basis.
Eligible applicants for the program established under
this section include community and technical colleges. Priority shall be given to applicants that have an established education and training program serving the targeted industry and
that have in their home district or region an industry cluster
with the same targeted industry at its core.
It is the role of centers of excellence to employ strategies
to: Create educational efficiencies; build a diverse, competitive workforce for strategic industries; maintain an institutional reputation for innovation and responsiveness; develop
innovative curriculum and means of delivering education and
training; act as brokers of information and resources related
to community and technical college education and training
for a targeted industry; and serve as partners with workforce
development councils, associate development organizations,
and other workforce and economic development organizations.
Examples of strategies include but are not limited to:
Sharing curriculum and other instructional resources, to
ensure cost savings to the system; delivering collaborative
certificate and degree programs; and holding statewide summits, seminars, conferences, and workshops on industry
trends and best practices in community and technical college
education and training. [2009 c 151 § 4.]
28B.50.902
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
28B.50.910 Severability—1969 ex.s. c 223. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1969 ex.s. c 223 § 28B.50.910. Prior: 1967 ex.s. c
8 § 72. Formerly RCW 28.85.910.]
28B.50.913
28B.50.914 Transfer of powers from school districts
to state board for community and technical colleges. All
powers, duties, and functions of the school district pertaining
to a vocational-technical institute are transferred to the state
board for community and technical colleges until the establishment of local boards of trustees with authority for the
technical college. All references to the director or school district in the Revised Code of Washington shall be construed to
mean the director or state board for community and technical
colleges when referring to the functions transferred in this
section. [1991 c 238 § 116.]
28B.50.914
28B.50.915 Transfer of powers from superintendent
of public instruction to state board for community and
technical colleges. All powers, duties, and functions of the
superintendent of public instruction pertaining to vocationaltechnical institutes are transferred to the state board for community and technical colleges. All references to the director
or superintendent of public instruction in the Revised Code of
Washington shall be construed to mean the director or state
board for community and technical colleges when referring
to the functions transferred in this section. [1991 c 238 §
122.]
28B.50.915
28B.50.910
28B.50.912 Transfer of powers from superintendent
of public instruction and state board of education to state
board for community and technical colleges. All powers,
duties, and functions of the superintendent of public instruction and the state board of education pertaining to projects of
adult education, including the state-funded Even Start and
including the adult education programs operated pursuant to
20 U.S.C. Sec. 1201 as amended by P.L. 100-297, are transferred to the state board for community and technical colleges. All references to the director or superintendent of pub28B.50.912
[Title 28B RCW—page 178]
28B.50.917 Effective dates—1991 c 238. Sections 1
through 7, 14 through 19, 24 through 28, 33, 76 through 81,
85 through 111, 114, 140 through 144, and 164 of this act are
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions.
Sections 33, 114, and 142 through 144 of this act shall
take effect immediately.
Sections 1 through 8, 14 through 19, 24 through 28, 76
through 81, 85 through 111, 140, 141, and 164 of this act
shall take effect July 1, 1991.
Sections 20 through 23, 29 through 32, 34 through 75, 82
through 84, 112, 113, 115 through 139, and 145 through 158
of this act shall take effect September 1, 1991.
Sections 8 through 13 of this act shall take effect October
1, 1991. [1991 c 238 § 166.]
28B.50.917
(2010 Ed.)
Collective Bargaining—Academic Personnel in Community Colleges
28B.50.918 Severability—1991 c 238. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 238 § 167.]
28B.50.918
28B.50.980 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 75.]
28B.50.980
Chapter 28B.52 RCW
COLLECTIVE BARGAINING—ACADEMIC
PERSONNEL IN COMMUNITY COLLEGES
Chapter 28B.52
(Formerly: Negotiations by academic personnel—
Community college districts)
Sections
28B.52.010
28B.52.020
28B.52.025
28B.52.030
28B.52.035
28B.52.040
28B.52.045
28B.52.050
28B.52.060
28B.52.065
28B.52.070
28B.52.073
28B.52.078
28B.52.080
28B.52.090
28B.52.100
28B.52.200
28B.52.210
28B.52.220
28B.52.300
28B.52.900
Declaration of purpose.
Definitions.
Right to organize or refrain from organizing.
Representatives of employee organization—Right to collective bargaining.
Negotiations reduced to written agreements—Provisions relating to salary increases—Restrictions.
Negotiated agreements—Procedures for binding arbitration.
Collective bargaining agreement—Exclusive bargaining representative—Union security provisions—Dues and fees.
Academic employee may appear in own behalf.
Commission—Mediation activities—Other dispute resolution
procedures authorized.
Commission’s adjudication of unfair labor practices—Rules—
Binding arbitration authorized.
Discrimination prohibited.
Unfair labor practices.
Strikes and lockouts prohibited—Violations—Remedies.
Commission to adopt rules and regulations—Boards may
request commission services.
Prior agreements.
State higher education administrative procedure act not to
affect.
Scope of chapter—Limitations—When attempts to resolve
dispute required.
Scope of chapter—Community and technical colleges faculty
awards trust program.
Scope of chapter—Community and technical colleges parttime academic employees.
Construction of chapter.
Severability—1987 c 314.
28B.52.010 Declaration of purpose. It is the purpose
of this chapter to strengthen methods of administering
employer-employee relations through the establishment of
orderly methods of communication between academic
employees and the college districts by which they are
employed.
28B.52.010
(2010 Ed.)
28B.52.020
It is the purpose of this chapter to promote cooperative
efforts by prescribing certain rights and obligations of the
employees and employers and by establishing orderly procedures governing the relationship between the employees and
their employers which procedures are designed to meet the
special requirements and needs of public employment in
higher education. It is the intent of this chapter to promote
activity that includes the elements of open communication
and access to information in a timely manner, with reasonable discussion and interpretation of that information. It is the
further intent that such activity shall be characterized by
mutual respect, integrity, reasonableness, and a desire on the
part of the parties to address and resolve the points of concern. [1991 c 238 § 145; 1987 c 314 § 1; 1971 ex.s. c 196 §
1.]
Additional notes found at www.leg.wa.gov
28B.52.020 Definitions. As used in this chapter:
(1) "Employee organization" means any organization
which includes as members the academic employees of a college district and which has as one of its purposes the representation of the employees in their employment relations
with the college district.
(2) "Academic employee" means any teacher, counselor,
librarian, or department head, who is employed by any college district, whether full or part time, with the exception of
the chief administrative officer of, and any administrator in,
each college district.
(3) "Administrator" means any person employed either
full or part time by the college district and who performs
administrative functions as at least fifty percent or more of
his or her assignments, and has responsibilities to hire, dismiss, or discipline other employees. Administrators shall not
be members of the bargaining unit unless a majority of such
administrators and a majority of the bargaining unit elect by
secret ballot for such inclusion pursuant to rules as adopted in
accordance with RCW 28B.52.080.
(4) "Commission" means the public employment relations commission.
(5) "Unfair labor practice" means any unfair labor practice listed in RCW 28B.52.073.
(6) "Union security provision" means a provision in a
collective bargaining agreement under which some or all
employees in the bargaining unit may be required, as a condition of continued employment on or after the thirtieth day following the beginning of such employment or the effective
date of the provision, whichever is later, to become a member
of the exclusive bargaining representative or pay an agency
fee equal to the periodic dues and initiation fees uniformly
required as a condition of acquiring or retaining membership
in the exclusive bargaining representative.
(7) "Exclusive bargaining representative" means any
employee organization which has:
(a) Been certified or recognized under this chapter as the
representative of the employees in an appropriate collective
bargaining unit; or
(b) Before July 26, 1987, been certified or recognized
under a predecessor statute as the representative of the
employees in a bargaining unit which continues to be appropriate under this chapter.
28B.52.020
[Title 28B RCW—page 179]
28B.52.025
Title 28B RCW: Higher Education
(8) "Collective bargaining" and "bargaining" mean the
performance of the mutual obligation of the representatives
of the employer and the exclusive bargaining representative
to meet at reasonable times to bargain in good faith in an
effort to reach agreement with respect to wages, hours, and
other terms and conditions of employment, such as procedures related to nonretention, dismissal, denial of tenure, and
reduction in force. Prior law, practice, or interpretation shall
be neither restrictive, expansive, nor determinative with
respect to the scope of bargaining. A written contract incorporating any agreements reached shall be executed if
requested by either party. The obligation to bargain does not
compel either party to agree to a proposal or to make a concession.
In the event of a dispute between an employer and an
exclusive bargaining representative over the matters that are
terms and conditions of employment, the commission shall
decide which items are mandatory subjects for bargaining.
[1991 c 238 § 146; 1987 c 314 § 2; 1975 1st ex.s. c 296 § 12;
1973 1st ex.s. c 205 § 1; 1971 ex.s. c 196 § 2.]
Public employment relations commission: Chapter 41.58 RCW.
Additional notes found at www.leg.wa.gov
28B.52.025 Right to organize or refrain from organizing. Employees have the right to self-organization, to
form, join, or assist employee organizations, to bargain collectively through representatives of their own choosing, and
also have the right to refrain from any or all of these activities
except to the extent that employees may be required to make
payments to an exclusive bargaining representative or charitable organization under a union security provision authorized in this chapter. [1987 c 314 § 5.]
28B.52.025
28B.52.030 Representatives of employee organization—Right to collective bargaining. Representatives of an
employee organization, which organization shall by secret
ballot have won a majority in an election to represent the academic employees within its college district, shall have the
right to bargain as defined in RCW 28B.52.020(8). [1991 c
238 § 147; 1987 c 314 § 3; 1973 1st ex.s. c 205 § 2; 1971 ex.s.
c 196 § 3.]
28B.52.030
Additional notes found at www.leg.wa.gov
28B.52.035 Negotiations reduced to written agreements—Provisions relating to salary increases—Restrictions. At the conclusion of any negotiation processes as provided for in RCW 28B.52.030, any matter upon which the
parties have reached agreement shall be reduced to writing
and acted upon in a regular or special meeting of the boards
of trustees, and become part of the official proceedings of
said board meeting. Provisions of written contracts relating to
salary increases shall not exceed the amount or percentage
established by the legislature in the appropriations act and
allocated to the board of trustees by the state board for community and technical colleges. The length of term of any such
agreement shall be for not more than three fiscal years. Any
provisions of these agreements pertaining to salary increases
will not be binding upon future actions of the legislature. If
any provision of a salary increase is changed by subsequent
modification of the appropriations act by the legislature, both
28B.52.035
[Title 28B RCW—page 180]
parties shall immediately enter into collective bargaining for
the sole purpose of arriving at a mutually agreed upon
replacement for the modified provision. [1991 c 238 § 148;
1987 c 314 § 4; 1973 1st ex.s. c 205 § 4.]
Additional notes found at www.leg.wa.gov
28B.52.040 Negotiated agreements—Procedures for
binding arbitration. A board of trustees or an employee
organization that enters into a negotiated agreement under
RCW 28B.52.030 may include in the agreement procedures
for binding arbitration of the disputes arising about the interpretation or application of the agreement including but not
limited to nonretention, dismissal, denial of tenure, and
reduction in force. [1987 c 314 § 6.]
28B.52.040
28B.52.045 Collective bargaining agreement—
Exclusive bargaining representative—Union security
provisions—Dues and fees. (1) Upon filing with the
employer the voluntary written authorization of a bargaining
unit employee under this chapter, the employee organization
which is the exclusive bargaining representative of the bargaining unit shall have the right to have deducted from the
salary of the bargaining unit employee the periodic dues and
initiation fees uniformly required as a condition of acquiring
or retaining membership in the exclusive bargaining representative. Such employee authorization shall not be irrevocable for a period of more than one year. Such dues and fees
shall be deducted from the pay of all employees who have
given authorization for such deduction, and shall be transmitted by the employer to the employee organization or to the
depository designated by the employee organization.
(2) A collective bargaining agreement may include
union security provisions, but not a closed shop. If an agency
shop or other union security provision is agreed to, the
employer shall enforce any such provision by deductions
from the salary of bargaining unit employees affected thereby
and shall transmit such funds to the employee organization or
to the depository designated by the employee organization.
(3) An employee who is covered by a union security provision and who asserts a right of nonassociation based on
bona fide religious tenets or teachings of a church or religious
body of which such employee is a member shall pay to a nonreligious charity or other charitable organization an amount
of money equivalent to the periodic dues and initiation fees
uniformly required as a condition of acquiring or retaining
membership in the exclusive bargaining representative. The
charity shall be agreed upon by the employee and the
employee organization to which such employee would otherwise pay the dues and fees. The employee shall furnish written proof that such payments have been made. If the
employee and the employee organization do not reach agreement on such matter, the commission shall designate the
charitable organization. [1987 c 314 § 8.]
28B.52.045
28B.52.050 Academic employee may appear in own
behalf. Nothing in this chapter shall prohibit any academic
employee from appearing in his or her own behalf on matters
relating to his or her employment relations with the college
district. [1991 c 238 § 149; 1971 ex.s. c 196 § 4.]
28B.52.050
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Collective Bargaining—Academic Personnel in Community Colleges
28B.52.060 Commission—Mediation activities—
Other dispute resolution procedures authorized. The
commission shall conduct mediation activities upon the
request of either party as a means of assisting in the settlement of unresolved matters considered under this chapter.
In the event that any matter being jointly considered by
the employee organization and the board of trustees of the
college district is not settled by the means provided in this
chapter, either party, twenty-four hours after serving written
notice of its intended action to the other party, may, request
the assistance and advice of the commission. Nothing in this
section prohibits an employer and an employee organization
from agreeing to substitute, at their own expense, some other
impasse procedure or other means of resolving matters considered under this chapter. [1991 c 238 § 150; 1987 c 314 §
9; 1975 1st ex.s. c 296 § 13; 1973 1st ex.s. c 205 § 3; 1971
ex.s. c 196 § 5.]
28B.52.060
Additional notes found at www.leg.wa.gov
28B.52.065 Commission’s adjudication of unfair
labor practices—Rules—Binding arbitration authorized.
The commission may adjudicate any unfair labor practices
alleged by a board of trustees or an employee organization
and shall adopt reasonable rules to administer this section.
However, the parties may agree to seek relief from unfair
labor practices through binding arbitration. [1987 c 314 §
10.]
28B.52.065
28B.52.070 Discrimination prohibited. Boards of
trustees of college districts or any administrative officer
thereof shall not discriminate against academic employees or
applicants for such positions because of their membership or
nonmembership in employee organizations or their exercise
of other rights under this chapter. [1991 c 238 § 151; 1971
ex.s. c 196 § 6.]
28B.52.070
Additional notes found at www.leg.wa.gov
28B.52.100
(a) To restrain or coerce an employee in the exercise of
the rights guaranteed by this chapter: PROVIDED, That this
subsection shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization
or to an employer in the selection of its representatives for the
purpose of bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of
this section;
(c) To discriminate against an employee because that
employee has filed charges or given testimony under this
chapter;
(d) To refuse to bargain collectively with an employer.
(3) The expressing of any views, arguments, or opinion,
or the dissemination thereof to the public, whether in written,
printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such
expression contains no threat of reprisal or force or promise
of benefit. [1987 c 314 § 11.]
28B.52.078 Strikes and lockouts prohibited—Violations—Remedies. The right of college faculty to engage in
any strike is prohibited. The right of a board of trustees to
engage in any lockout is prohibited. Should either a strike or
lockout occur, the representative of the faculty or board of
trustees may invoke the jurisdiction of the superior court in
the county in which the labor dispute exists and such court
shall have jurisdiction to issue an appropriate order against
either or both parties. In fashioning an order, the court shall
take into consideration not only the elements necessary for
injunctive relief but also the purpose and goals of this chapter
and any mitigating factors such as the commission of an
unfair labor practice by either party. [1991 c 238 § 152; 1987
c 314 § 13.]
28B.52.078
Additional notes found at www.leg.wa.gov
28B.52.080 Commission to adopt rules and regulations—Boards may request commission services. The
commission shall adopt reasonable rules and regulations for
the administration of employer-employee relations under this
chapter. The boards may request the services of the commission to assist in the conduction of certification elections as
provided for in RCW 28B.52.030. [1975 1st ex.s. c 296 § 14;
1973 1st ex.s. c 205 § 5; 1971 ex.s. c 196 § 7.]
28B.52.080
28B.52.073 Unfair labor practices. (1) It shall be an
unfair labor practice for an employer:
(a) To interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed by this chapter;
(b) To dominate or interfere with the formation or
administration of any employee organization or contribute
financial or other support to it: PROVIDED, That subject to
rules adopted by the commission, an employer shall not be
prohibited from permitting employees to confer with it or its
representatives or agents during working hours without loss
of time or pay;
(c) To encourage or discourage membership in any
employee organization by discrimination in regard to hire,
tenure of employment, or any term or condition of employment;
(d) To discharge or discriminate otherwise against an
employee because that employee has filed charges or given
testimony under this chapter;
(e) To refuse to bargain collectively with the representatives of its employees.
(2) It shall be an unfair labor practice for an employee
organization:
28B.52.073
(2010 Ed.)
Additional notes found at www.leg.wa.gov
28B.52.090 Prior agreements. Nothing in this chapter
shall be construed to annul or modify, or to preclude the
renewal or continuation of, any lawful agreement heretofore
entered into between any college district and any representative of its employees. [1991 c 238 § 153; 1971 ex.s. c 196 §
8.]
28B.52.090
Additional notes found at www.leg.wa.gov
28B.52.100 State higher education administrative
procedure act not to affect. Contracts or agreements, or any
provision thereof entered into between boards of trustees and
employees organizations pursuant to this chapter shall not be
28B.52.100
[Title 28B RCW—page 181]
28B.52.200
Title 28B RCW: Higher Education
affected by or be subject to chapter 34.05 RCW. [1971 ex.s.
c 196 § 9.]
28B.52.200 Scope of chapter—Limitations—When
attempts to resolve dispute required. Nothing in chapter
28B.52 RCW as now or hereafter amended shall compel
either party to agree to a proposal or to make a concession,
nor shall any provision in chapter 28B.52 RCW as now or
hereafter amended be construed as limiting or precluding the
exercise by each college board of trustees of any powers or
duties authorized or provided to it by law unless such exercise is contrary to the terms and conditions of any lawful
negotiated agreement, except that other than to extend the
terms of a previous contract, a board of trustees shall not take
unilateral action on any unresolved issue under negotiation,
unless the parties have first participated in good faith mediation or some other procedure as authorized by RCW
28B.52.060 to seek resolution of the issue. [1991 c 238 §
154; 1987 c 314 § 12; 1973 1st ex.s. c 205 § 6.]
28B.52.200
Additional notes found at www.leg.wa.gov
28B.52.210 Scope of chapter—Community and technical colleges faculty awards trust program. With respect
to the community and technical colleges faculty awards trust
program, the permissible scope of collective bargaining
under this chapter shall be governed by RCW 28B.50.843.
[1991 c 238 § 155; 1990 c 29 § 6.]
28B.52.210
Additional notes found at www.leg.wa.gov
28B.52.220 Scope of chapter—Community and technical colleges part-time academic employees. With respect
to the community and technical colleges part-time academic
employees, the permissible scope of collective bargaining
under this chapter shall be governed by RCW 28B.50.4893
and 28B.50.489. [2000 c 128 § 4.]
28B.52.220
Construction—2000 c 128: "Nothing contained in this act may be construed to alter any existing collective bargaining unit or the provisions of any
existing collective bargaining agreement." [2000 c 128 § 5.]
28B.52.300 Construction of chapter. Except as otherwise expressly provided in this chapter, this chapter shall not
be construed to deny or otherwise abridge any rights, privileges, or benefits granted by law to employees. This chapter
shall not be construed to interfere with the responsibilities
and rights of the board of trustees as specified by federal and
state law. [1987 c 314 § 7.]
28B.52.300
28B.52.900 Severability—1987 c 314. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 314 § 15.]
28B.52.900
Chapter 28B.56 RCW
1972 COMMUNITY COLLEGES FACILITIES AID—
BOND ISSUE
Chapter 28B.56
Sections
28B.56.010 Purpose.
28B.56.020 Bonds authorized—Payment—Limitations.
28B.56.040 Proceeds from bond sale—Administration and expenditure.
[Title 28B RCW—page 182]
28B.56.050 "Community college facilities" defined.
28B.56.070 Referral to electorate.
28B.56.080 Form, terms, conditions and manner of sale and issuance—
Limitation.
28B.56.090 Anticipation notes—Authorized—Contents—Payment.
28B.56.100 Community college capital improvements bond redemption
fund of 1972—Created—Tax receipts—Use of funds—Use
of debt-limit general fund bond retirement account.
28B.56.110 Legislature may provide additional means of revenue.
28B.56.120 Bonds as legal investment for state and municipal corporation
funds.
28B.56.010 Purpose. The community colleges of the
state of Washington have more than doubled their enrollment
since 1966, including a three hundred percent increase in
occupational education. The capital fund resources of the
state community college system are not adequate to meet the
facility needs of today’s students. Major increments of community college facilities will be needed to serve the still
growing numbers of commuting youth and adults attending
the community college system. A determination of the facility needs of each college has been made through the uniform
application of guidelines developed by the *state board for
community college education to evaluate facility needs.
[1972 ex.s. c 133 § 1.]
28B.56.010
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.56.020 Bonds authorized—Payment—Limitations. For the purpose of providing funds for the acquisition,
construction and improvement of community college facilities in this state, the state finance committee is authorized to
issue general obligation bonds of the state of Washington in
the sum of fifty million dollars or so much thereof as may be
required to finance the improvements defined in this chapter
and all costs incidental thereto. These bonds shall be paid and
discharged within twenty years of the date of issuance, or
within thirty years, should Article VIII of the Constitution of
the state of Washington be amended to permit such longer
term. No bonds authorized by this chapter shall be offered for
sale without prior legislative appropriation of the proceeds of
such bonds to be sold. [1977 ex.s. c 242 § 5; 1972 ex.s. c 133
§ 2.]
28B.56.020
Additional notes found at www.leg.wa.gov
28B.56.040 Proceeds from bond sale—Administration and expenditure. The proceeds from the sale of bonds
deposited in the community college capital improvements
account shall be administered and expended by the *state
board for community college education subject to legislative
appropriation. [1972 ex.s. c 133 § 4.]
28B.56.040
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
28B.56.050 "Community college facilities" defined.
For the purposes of this chapter, the term "community college
facilities" shall mean and include, but not be limited to, vocational facilities, including capital equipment acquisition, and
such other specific projects as approved and funded for planning purposes by the legislature which shall include general
education classrooms, science laboratories, faculty offices,
28B.56.050
(2010 Ed.)
1975 Community College Special Capital Projects Bond Act
student dining facilities, library and media facilities, offices
for student personnel services and administrative personnel,
and all real property and interests therein, equipment, parking
facilities, utilities, appurtenances and landscaping incidental
to such facilities. [1972 ex.s. c 133 § 5.]
28B.56.070 Referral to electorate. This chapter shall
be submitted to the people for their adoption and ratification,
or rejection, at the general election to be held in this state on
the Tuesday next succeeding the first Monday in November,
1972, in accordance with the provisions of section 3, Article
VIII of the Constitution of the state of Washington, and in
accordance with the provisions of section 1, Article II of the
Constitution of the state of Washington, as amended, and the
laws adopted to facilitate the operation thereof. [1972 ex.s. c
133 § 7.]
28B.56.070
Reviser’s note: Chapter 28B.56 RCW was adopted and ratified by the
people at the November 7, 1972, general election (Referendum Bill No. 31).
Governor’s proclamation declaring approval of measure is dated December
7, 1972.
28B.56.080 Form, terms, conditions and manner of
sale and issuance—Limitation. The state finance committee is authorized to prescribe the form, terms, conditions and
covenants of the bonds, the time or times of sale of all or any
portion of them, and the conditions and manner of their sale
and issuance. None of the bonds herein authorized shall be
sold for less than their par value. [1972 ex.s. c 133 § 8.]
28B.56.080
28B.56.090 Anticipation notes—Authorized—Contents—Payment. When the state finance committee has
decided to issue such bonds or a portion thereof, it may,
pending the issuing of such bonds, issue, in the name of the
state, temporary notes in anticipation of the money to be
derived from the sale of such bonds, which notes shall be designated as "anticipation notes". Such portion of the proceeds
of the sale of such bonds as may be required for such purpose
shall be applied to the payment of the principal of and interest
on such anticipation notes which have been issued. The
bonds and notes shall pledge the full faith and credit of the
state of Washington and shall contain an unconditional promise to pay the principal and interest when due. The state
finance committee may authorize the use of a printed facsimile of the seal of the state of Washington in the issuance of
bonds and notes. [1972 ex.s. c 133 § 9.]
28B.56.090
28B.56.100 Community college capital improvements bond redemption fund of 1972—Created—Tax
receipts—Use of funds—Use of debt-limit general fund
bond retirement account. The community college capital
improvements bond redemption fund of 1972 is created in the
state treasury. This fund shall be exclusively devoted to the
payment of interest on and retirement of the bonds authorized
by this chapter. The state finance committee shall, on or
before June 30 of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet bond
retirement and interest requirements, and on July 1 of each
year, the state treasurer shall deposit such amount in the community college capital improvements bond redemption fund
of 1972 from moneys transmitted to the state treasurer by the
department of revenue and certified by the department of rev28B.56.100
(2010 Ed.)
28B.57.010
enue to be retail sales tax collections. Such amount certified
by the state finance committee to the state treasurer shall be a
prior charge against all retail sales tax revenues of the state of
Washington, except that portion thereof heretofore pledged
for the payment of bond principal and interest.
The owner and holder of each of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require the transfer and payment of funds as
directed herein.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997 and
becomes effective prior to the issuance of any of the bonds
authorized by this chapter, the debt-limit general fund bond
retirement account shall be used for the purposes of this chapter in lieu of the community college capital improvements
bonds redemption fund of 1972. [1997 c 456 § 10; 1972 ex.s.
c 133 § 10.]
Additional notes found at www.leg.wa.gov
28B.56.110 Legislature may provide additional
means of revenue. The legislature may provide additional
means for raising moneys for the payment of the principal
and interest of the bonds authorized herein, and this chapter
shall not be deemed to provide an exclusive method for such
payment. [1972 ex.s. c 133 § 11.]
28B.56.110
28B.56.120 Bonds as legal investment for state and
municipal corporation funds. The bonds herein authorized
shall be a legal investment for all state funds or for funds
under state control and for all funds of municipal corporations. [1972 ex.s. c 133 § 12.]
28B.56.120
Chapter 28B.57 RCW
1975 COMMUNITY COLLEGE SPECIAL CAPITAL
PROJECTS BOND ACT
Chapter 28B.57
Sections
28B.57.010 State general obligation bonds in lieu of building, limited obligation bonds—"Community college capital projects"
defined.
28B.57.020 Amount of bonds authorized.
28B.57.030 Projects enumerated.
28B.57.040 Bond anticipation notes, authorized, payment—Form, terms,
conditions, sale and covenants of bonds and notes.
28B.57.050 Disposition of proceeds—1975 community college capital
construction account, use.
28B.57.060 Administration of proceeds from bonds and notes.
28B.57.070 1975 community college capital construction bond retirement
fund—Created—Purpose.
28B.57.080 Moneys to be transferred from community college account to
state general fund—Limitation.
28B.57.090 Bonds as legal investment for public funds.
28B.57.100 Prerequisite to bond issuance.
28B.57.010 State general obligation bonds in lieu of
building, limited obligation bonds—"Community college
capital projects" defined. The legislature has previously
approved by its appropriation of funds from time to time, certain capital projects for the state community colleges, which
appropriations were to be funded primarily by the issuance of
building, limited obligation bonds by the *state board for
community college education (hereinafter in this chapter
called the "college board"). In order that any future appropriations for such approved capital projects may be funded on
28B.57.010
[Title 28B RCW—page 183]
28B.57.020
Title 28B RCW: Higher Education
terms most advantageous to the state, it is hereby determined
to be in the public interest to provide for the issuance of state
general obligation bonds, in lieu of building, limited obligation bonds.
For purposes of this chapter, "community college capital
projects" means the construction, reconstruction, erection,
equipping, maintenance, demolition and major alteration of
buildings and other capital assets owned by the *state board
for community college education in the name of the state of
Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto.
[1985 c 390 § 61; 1975 1st ex.s. c 65 § 1.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.57.020
28B.57.020 Amount of bonds authorized. For the purpose of providing funds for carrying out the community college capital projects described in RCW 28B.57.030, and to
fund indebtedness and expenditures heretofore incurred for
such projects, the state finance committee is hereby authorized to issue from time to time general obligation bonds of
the state of Washington in the aggregate principal amount of
nine million dollars, or so much thereof as may be required
for such purposes, to be paid and discharged within thirty
years of the date or dates of issuance, in accordance with
Article VIII, section 1 of the Constitution of the state of
Washington. [1975 1st ex.s. c 65 § 2.]
Additional notes found at www.leg.wa.gov
any portion of them, and the conditions and manner of their
sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975 1st ex.s. c 65 § 4.]
Additional notes found at www.leg.wa.gov
28B.57.050 Disposition of proceeds—1975 community college capital construction account, use. The proceeds from the sale of the bonds authorized herein, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee or the college
board may direct the state treasurer to deposit therein, shall
be deposited in the 1975 community college capital construction account, hereby created in the state treasury. [1991 sp.s.
c 13 § 51; 1985 c 57 § 18; 1975 1st ex.s. c 65 § 5.]
28B.57.050
Disposition of proceeds from sale of bonds and notes—1977 community college capital projects bond act: RCW 28B.59B.040.
Additional notes found at www.leg.wa.gov
28B.57.060 Administration of proceeds from bonds
and notes. All proceeds of the bonds authorized in this chapter shall be administered by the college board exclusively for
the purposes specified in this chapter and for the payment of
the expenses incurred in connection with the sale and issuance of such bonds and bond anticipation notes. [1975 1st
ex.s. c 65 § 6.]
28B.57.060
Additional notes found at www.leg.wa.gov
28B.57.070 1975 community college capital construction bond retirement fund—Created—Purpose. The 1975
community college capital construction bond retirement fund
is hereby created in the state treasury for the purpose of the
payment of principal of and interest on the bonds authorized
to be issued pursuant to this chapter.
The state finance committee, on or before June 30 of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the 1975 community college
capital construction bond retirement fund an amount equal to
the amount certified by the state finance committee. [1975
1st ex.s. c 65 § 7.]
28B.57.070
28B.57.030
28B.57.030 Projects enumerated. The community
college capital projects referred to in RCW 28B.57.020 are
(1) at Walla Walla Community College, for construction of
vocational facilities, Phase II, at a cost of not more than two
million two thousand three hundred ninety-nine dollars and
(2) at Seattle Central Community College, for remodeling of
Edison South High School, at a cost of not more than six million nine hundred ninety-seven thousand six hundred and one
dollars, which projects were to be primarily funded, but have
not heretofore been sufficiently funded, from the proceeds of
general tuition fee, limited obligation bonds issued by the
college board. [1975 1st ex.s. c 65 § 3.]
Additional notes found at www.leg.wa.gov
28B.57.040 Bond anticipation notes, authorized, payment—Form, terms, conditions, sale and covenants of
bonds and notes. When the state finance committee has
determined to issue such general obligation bonds or a portion thereof, it may, pending the issuance thereof, issue in the
name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond
anticipation notes". Such portion of the proceeds of the sale
of such bonds as may be required for the payment of principal
and redemption premium, if any, of and interest on such notes
shall be applied thereto when such bonds are issued.
The state finance committee is authorized to prescribe
the form, terms, conditions and covenants of the bonds and/or
the bond anticipation notes, the time or times of sale of all or
28B.57.040
[Title 28B RCW—page 184]
Disposition of proceeds from sale of bonds and notes—1977 community college capital projects bond act: RCW 28B.59B.040.
Additional notes found at www.leg.wa.gov
28B.57.080 Moneys to be transferred from community college account to state general fund—Limitation.
On or before June 30 of each year, the college board shall
accumulate in the community college capital projects account
from building fees and other moneys deposited therein, an
amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and
interest on the bonds issued pursuant to this chapter. On July
1st of each such year, the state treasurer shall withdraw said
sum from the community college capital projects account and
28B.57.080
(2010 Ed.)
1975 Community College General Capital Projects Bond Act
deposit said sum in the state general fund: PROVIDED, That
withdrawal of building fees from the community college capital projects account for deposit into the state general fund
pursuant to the provisions of this section shall be made only
after provision has first been made for the payment in full of
the principal of and interest on all outstanding building, limited obligation bonds of the college board coming due in the
twelve months next succeeding July 1 of each such year, and
for any reserve account deposits necessary for such outstanding bonds in the same period. [1985 c 390 § 63; 1975 1st
ex.s. c 65 § 8.]
Additional notes found at www.leg.wa.gov
28B.57.090 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975 1st
ex.s. c 65 § 9.]
28B.57.090
28B.58.040
general obligation bonds, in lieu of building, limited obligation bonds.
For purposes of this chapter, "community college capital
projects" means the construction, reconstruction, erection,
equipping, maintenance, demolition and major alteration of
buildings and other capital assets owned by the *state board
for community college education in the name of the state of
Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto. It
is the intent of the legislature that in any decision to contract
for capital projects funded as the result of this chapter, full
and fair consideration shall be given to minority contractors.
[1985 c 390 § 64; 1975 1st ex.s. c 236 § 1.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.58.020 Amount of bonds authorized. For the purpose of financing the community college capital projects as
determined by the legislature in its capital appropriations act,
chapter 276, Laws of 1975 1st ex. sess., the state finance
committee is hereby authorized to issue from time to time
general obligation bonds of the state of Washington in the
aggregate principal amount of fourteen million seven hundred seventy-six thousand dollars, or so much thereof as may
be required for such purposes, to be paid and discharged
within thirty years of the date or dates of issuance, in accordance with Article VIII, section 1 of the Constitution of the
state of Washington. [1975 1st ex.s. c 236 § 2.]
28B.58.020
Additional notes found at www.leg.wa.gov
28B.57.100 Prerequisite to bond issuance. The bonds
authorized in this chapter shall be issued only after the college board has certified to the state finance committee that its
projected building fees revenue shall be adequate, based upon
reasonable projections of student enrollments, for the college
board to meet the requirements of RCW 28B.57.080, during
the life of the bonds proposed to be issued. [1985 c 390 § 62;
1975 1st ex.s. c 65 § 10.]
28B.57.100
Additional notes found at www.leg.wa.gov
Chapter 28B.58 RCW
1975 COMMUNITY COLLEGE GENERAL CAPITAL
PROJECTS BOND ACT
Additional notes found at www.leg.wa.gov
Chapter 28B.58
Sections
28B.58.010 State general obligation bonds in lieu of building, limited obligation bonds—"Community college capital projects"
defined—Consideration for minority contractors on projects
so funded.
28B.58.020 Amount of bonds authorized.
28B.58.030 Bond anticipation notes, authorized, payment—Form, term,
conditions, sale and covenants of bonds and notes.
28B.58.040 Disposition of proceeds from sale of bonds and notes.
28B.58.050 Administration of proceeds from bonds and notes.
28B.58.060 Payment of principal and interest on bonds.
28B.58.070 Moneys to be transferred from community college account to
state general fund—Limitation.
28B.58.080 Bonds as legal investment for public funds.
28B.58.090 Prerequisite to bond issuance.
28B.58.010 State general obligation bonds in lieu of
building, limited obligation bonds—"Community college
capital projects" defined—Consideration for minority
contractors on projects so funded. The legislature has
approved by its appropriation of funds from time to time,
capital projects for the state community colleges, which
appropriations have been funded primarily by the issuance of
building, limited obligation bonds by the *state board for
community college education (hereinafter in this chapter
called the "college board"). In order that any future appropriations for such approved capital projects may be funded on
terms most advantageous to the state, it is hereby determined
to be in the public interest to provide for the issuance of state
28B.58.010
(2010 Ed.)
28B.58.030 Bond anticipation notes, authorized, payment—Form, term, conditions, sale and covenants of
bonds and notes. When the state finance committee has
determined to issue such general obligation bonds, or a portion thereof, it may, pending the issuance thereof, issue in the
name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond
anticipation notes". Such portion of the proceeds of the sale
of such bonds as may be required for the payment of principal
and redemption premium, if any, of and interest on such notes
shall be applied thereto when such bonds are issued.
The state finance committee is authorized to prescribe
the form, terms, conditions and covenants of the bonds and/or
the bond anticipation notes, the time or times of sale of all or
any portion of them, and the conditions and manner of their
sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975 1st ex.s. c 236 § 3.]
28B.58.030
Additional notes found at www.leg.wa.gov
28B.58.040 Disposition of proceeds from sale of
bonds and notes. Except for that portion of the proceeds
required to pay bond anticipation notes pursuant to RCW
28B.58.030, the proceeds from the sale of the bonds and/or
bond anticipation notes authorized in this chapter, together
with all grants, donations, transferred funds, and all other
28B.58.040
[Title 28B RCW—page 185]
28B.58.050
Title 28B RCW: Higher Education
moneys which the state finance committee or the college
board may direct the state treasurer to deposit therein, shall
be deposited in the 1975 community college capital construction account in the state general fund. [1975 1st ex.s. c 236 §
4.]
1975 community college capital construction account, created, use: RCW
28B.57.050.
Additional notes found at www.leg.wa.gov
28B.58.050 Administration of proceeds from bonds
and notes. Subject to legislative appropriation, all proceeds
of the bonds authorized in this chapter shall be administered
by the college board exclusively for the purposes specified in
this chapter and for the payment of the expenses incurred in
connection with the sale and issuance of such bonds and bond
anticipation notes. [1975 1st ex.s. c 236 § 5.]
28B.58.050
28B.58.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975 1st
ex.s. c 236 § 8.]
28B.58.080
Additional notes found at www.leg.wa.gov
28B.58.090 Prerequisite to bond issuance. The bonds
authorized in this chapter shall be issued only after the college board has certified to the state finance committee that its
projected building fees revenue shall be adequate, based upon
reasonable projections of student enrollments, for the college
board to meet the requirements of RCW 28B.58.070, during
the life of the bonds proposed to be issued. [1985 c 390 § 66;
1975 1st ex.s. c 236 § 9.]
28B.58.090
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
Chapter 28B.59 RCW
1976 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Chapter 28B.59
28B.58.060 Payment of principal and interest on
bonds. The 1975 community college capital construction
bond retirement fund in the state treasury shall be used for the
purpose of the payment of principal of and interest on the
bonds authorized to be issued pursuant to this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the 1975 community college
capital construction bond retirement fund, an amount equal to
the amount certified by the state finance committee. [1975
1st ex.s. c 236 § 6.]
28B.58.060
1975 community college capital construction bond retirement fund—Created—Purpose: RCW 28B.57.070.
Additional notes found at www.leg.wa.gov
28B.58.070 Moneys to be transferred from community college account to state general fund—Limitation.
On or before June 30th of each year, the college board shall
accumulate in the community college capital projects account
from building fees and other moneys deposited therein, an
amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and
interest on the bonds issued pursuant to this chapter. On July
1st of each such year, the state treasurer shall withdraw said
sum from the community college capital projects account and
deposit said sum in the state general fund: PROVIDED, That
withdrawal of building fees from the community college capital projects account for deposit into the general fund pursuant to the provisions of this section shall be made only after
provision has first been made for the payment in full of the
principal of and interest on all outstanding building, limited
obligation bonds of the college board coming due in the
twelve months next succeeding July 1st of each such year,
and for any reserve account deposits necessary for such outstanding bonds in the same period. [1985 c 390 § 65; 1975
1st ex.s. c 236 § 7.]
28B.58.070
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 186]
Sections
28B.59.010 Purpose—"Community college capital projects" defined.
28B.59.020 Amount of general obligation bonds authorized.
28B.59.030 Bond anticipation notes, authorized, payment—Form, term,
conditions, sale and covenants of bonds and notes.
28B.59.040 Disposition of proceeds from sale of bonds and notes.
28B.59.050 Administration of the proceeds from bonds and notes.
28B.59.060 Payment of the principal and interest on bonds.
28B.59.070 Moneys to be transferred from community college account to
state general fund—Limitation.
28B.59.080 Bonds as legal investment for public funds.
28B.59.090 Prerequisite to bond issuance.
28B.59.010 Purpose—"Community college capital
projects" defined. The legislature has approved by its
appropriation of funds from time to time, capital projects for
the state community colleges, which appropriations have
been funded primarily by the issuance of building, limited
obligation bonds by the *state board for community college
education (hereinafter in this chapter called the "college
board"). In order that any future appropriations for such
approved capital projects may be funded on terms most
advantageous to the state, it is hereby determined to be in the
public interest to provide for the issuance of state general
obligation bonds, in lieu of building, limited obligation
bonds.
For purposes of this chapter, "community college capital
projects" means the construction, reconstruction, erection,
equipping, maintenance, demolition and major alteration of
buildings and other capital assets owned by the *state board
for community college education in the name of the state of
Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto.
[1985 c 390 § 67; 1975-’76 2nd ex.s. c 107 § 1.]
28B.59.010
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.59.020 Amount of general obligation bonds
authorized. For the purpose of financing the community
college capital projects as determined by the legislature in its
28B.59.020
(2010 Ed.)
1976 Community College Capital Projects Bond Act
capital appropriation act, chapter 133, Laws of 1975-’76 2nd
ex. sess., the state finance committee is hereby authorized to
issue from time to time general obligation bonds of the state
of Washington in the aggregate principal amount of twentysix million four hundred eighty-seven thousand dollars, or so
much thereof as may be required for such purposes, to be paid
and discharged within thirty years of the date or dates of issuance, in accordance with Article VIII, section 1 of the Constitution of the state of Washington. [1975-’76 2nd ex.s. c 107
§ 2.]
Additional notes found at www.leg.wa.gov
28B.59.030 Bond anticipation notes, authorized, payment—Form, term, conditions, sale and covenants of
bonds and notes. When the state finance committee has
determined to issue such general obligation bonds, or a portion thereof, it may, pending the issuance thereof, issue in the
name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond
anticipation notes". Such portion of the proceeds of the sale
of such bonds as may be required for the payment of principal
of and redemption premium, if any, and interest on such notes
shall be applied thereto when such bonds are issued.
The state finance committee is authorized to prescribe
the form, terms, conditions and covenants of the bonds and/or
the bond anticipation notes, the time or times of sale of all or
any portion of them, and the conditions and manner of their
sale and issuance.
Each such bond and bond anticipation note shall pledge
the full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and the interest thereon when due. [1975-’76 2nd ex.s. c 107
§ 3.]
28B.59.030
Additional notes found at www.leg.wa.gov
28B.59.040 Disposition of proceeds from sale of
bonds and notes. Except for that portion of the proceeds
required to pay bond anticipation notes pursuant to RCW
28B.59.030, the proceeds from the sale of the bonds and/or
bond anticipation notes authorized in this chapter, together
with all grants, donations, transferred funds, and all other
moneys which the state finance committee or the college
board may direct the state treasurer to deposit therein, shall
be deposited in the 1975 community college capital construction account in the state general fund. [1975-’76 2nd ex.s. c
107 § 4.]
28B.59.040
Additional notes found at www.leg.wa.gov
28B.59.050 Administration of the proceeds from
bonds and notes. Subject to legislative appropriation, all
proceeds of the bonds authorized in this chapter shall be
administered by the college board exclusively for the purposes specified in this chapter and for the payment of the
expenses incurred in connection with the sale and issuance of
such bonds and bond anticipation notes. [1975-’76 2nd ex.s.
c 107 § 5.]
28B.59.050
Additional notes found at www.leg.wa.gov
28B.59.060 Payment of the principal and interest on
bonds. The 1975 community college capital construction
28B.59.060
(2010 Ed.)
28B.59.090
bond retirement fund in the state treasury shall be used for the
purpose of the payment of the principal of and interest on the
bonds authorized to be issued pursuant to this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on such
bonds. On July 1st of each such year the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the 1975 community college
capital construction bond retirement fund, an amount equal to
the amount certified by the state finance committee. [1975’76 2nd ex.s. c 107 § 6.]
Additional notes found at www.leg.wa.gov
28B.59.070
28B.59.070 Moneys to be transferred from community college account to state general fund—Limitation.
On or before June 30th of each year, the college board shall
accumulate in the community college capital projects account
from building fees and other moneys deposited therein, an
amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and
interest on the bonds issued pursuant to this chapter. On July
1st of each such year, the state treasurer shall withdraw said
sum from the community college capital projects account and
deposit said sum in the state general fund: PROVIDED, That
withdrawal of building fees from the community college capital projects account for deposit into the general fund pursuant to the provisions of this section shall be made only after
provision has first been made for the payment in full of the
principal of and interest on all outstanding building, limited
obligation bonds of the college board coming due in the
twelve months next succeeding July 1st of each such year,
and for any reserve account deposits necessary for such outstanding bonds in the same period. [1985 c 390 § 68; 1975’76 2nd ex.s. c 107 § 7.]
Additional notes found at www.leg.wa.gov
28B.59.080
28B.59.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1975-’76
2nd ex.s. c 107 § 8.]
Additional notes found at www.leg.wa.gov
28B.59.090
28B.59.090 Prerequisite to bond issuance. The bonds
authorized in this chapter shall be issued only after the college board has certified to the state finance committee that its
projected building fees revenue shall be adequate, based upon
reasonable projections of student enrollments, for the college
board to meet the requirements of RCW 28B.59.070, during
the life of the bonds proposed to be issued. [1985 c 390 § 69;
1975-’76 2nd ex.s. c 107 § 9.]
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 187]
Chapter 28B.59B
Title 28B RCW: Higher Education
Chapter 28B.59B RCW
1977 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Chapter 28B.59B
Sections
28B.59B.010 Purpose—Bonds authorized—Amount—Conditions.
28B.59B.020 Bond anticipation notes—Authorized—Bond proceeds to
apply to payment on.
28B.59B.030 Form, terms, conditions, sale, redemption and covenants of
bonds and notes—Pledge of state’s credit.
28B.59B.040 Disposition of proceeds from sale of bonds and notes.
28B.59B.050 Administration of proceeds from bonds and notes.
28B.59B.060 Payment of the principal and interest on bonds and notes.
28B.59B.070 Moneys to be transferred from community college account to
state general fund.
28B.59B.080 Bonds as legal investment for public funds.
28B.59B.090 Prerequisite to bond issuance.
28 B.5 9B . 01 0 P u r pos e —Bo nd s a uth oriz e d —
Amount—Conditions. For the purpose of financing the
construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other
capital assets owned by the *state board for community college education in the name of the state of Washington, and
the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto as determined by
the legislature in its capital appropriations act, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of seven million
five hundred thousand dollars, or so much thereof as may be
required to finance such projects, and all costs incidental
thereto. No bonds authorized by this chapter shall be offered
for sale without prior legislative appropriation, and these
bonds shall be paid and discharged within thirty years of the
date of issuance in accordance with Article VIII, section 1 of
the state Constitution. [1977 ex.s. c 346 § 1.]
28B.59B.010
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.59B.020 Bond anticipation notes—Authorized—Bond proceeds to apply to payment on. When the
state finance committee has determined to issue such general
obligation bonds, or a portion thereof, it may, pending the
issuance thereof, issue in the name of the state temporary
notes in anticipation of the issuance of such bonds, which
notes shall be designated as "bond anticipation notes". Such
portion of the proceeds of the sale of such bonds as may be
required for the payment of principal of and redemption premium, if any, and interest on such notes shall be applied
thereto when such bonds are issued. [1977 ex.s. c 346 § 2.]
28B.59B.020
Additional notes found at www.leg.wa.gov
28B.59B.030 Form, terms, conditions, sale, redemption and covenants of bonds and notes—Pledge of state’s
credit. The state finance committee is authorized to determine the aggregate amounts, dates, form, terms, conditions,
denominations, interest rates, maturities, rights and manner
of redemption prior to maturity, registration privileges,
place(s) of payment and covenants of such bonds and/or the
bond anticipation notes, the time or times of sale of all or any
portion of them, and the conditions and manner of their sale,
issuance and redemption.
28B.59B.030
[Title 28B RCW—page 188]
Each such bond and bond anticipation note shall state
that it is a general obligation of the state of Washington, shall
contain a pledge of the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain the state’s unconditional promise to pay such
principal and interest as the same shall become due. [1977
ex.s. c 346 § 3.]
Additional notes found at www.leg.wa.gov
28B.59B.040 Disposition of proceeds from sale of
bonds and notes. The proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds and all
other moneys which the state finance committee or the college board may direct the state treasurer to deposit therein,
shall be deposited in the 1975 community college capital
construction account in the state general fund: PROVIDED,
That such portion of the proceeds of the sale of such bonds as
may be required for the payment of the principal of and interest on any outstanding bond anticipation notes, together with
accrued interest on the bonds received from the purchasers
upon their delivery, shall be deposited in the 1975 community college capital construction bond retirement fund. [1977
ex.s. c 346 § 4.]
28B.59B.040
1975 Community college capital construction account—Created—Use:
RCW 28B.57.050.
1975 Community college capital construction bond retirement fund—Created—Purpose: RCW 28B.57.070.
Additional notes found at www.leg.wa.gov
28B.59B.050 Administration of proceeds from bonds
and notes. Subject to legislative appropriation, all principal
proceeds of the bonds and/or bond anticipation notes authorized in this chapter shall be administered by the college
board exclusively for the purposes specified in this chapter
and for the payment of the expenses incurred in connection
with their sale and issuance. [1977 ex.s. c 346 § 5.]
28B.59B.050
Additional notes found at www.leg.wa.gov
28B.59B.060 Payment of the principal and interest
on bonds and notes. The 1975 community college capital
construction bond retirement fund in the state treasury shall
be used for the purpose of the payment of the principal of and
redemption premium, if any, and interest on the bonds and/or
the bond anticipation notes authorized to be issued pursuant
to this chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on such
bonds. Not less than thirty days prior to the date on which any
interest or principal and interest payment is due, the state
treasurer shall withdraw from any general state revenues
received in the state treasury and deposit in the 1975 community college capital construction bond retirement fund an
amount equal to the amount certified by the state finance
committee to be due on such payment date. [1977 ex.s. c 346
§ 6.]
28B.59B.060
Additional notes found at www.leg.wa.gov
(2010 Ed.)
1979 Community College Capital Projects Bond Act
28B.59B.070 Moneys to be transferred from community college account to state general fund. On or before
June 30th of each year, the college board shall accumulate in
the community college capital projects account from building
fees and other moneys deposited therein, an amount at least
equal to the amount required in the next succeeding twelve
months for the payment of principal of and interest on the
bonds issued pursuant to this chapter. Not less than thirty
days prior to the date on which any such interest or principal
and interest payment is due, the state treasurer shall withdraw
said sum from the community college capital projects
account and deposit said sum in the state general fund. [1985
c 390 § 70; 1977 ex.s. c 346 § 7.]
28B.59B.070
Additional notes found at www.leg.wa.gov
28B.59B.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1977 ex.s. c
346 § 8.]
28B.59B.080
Additional notes found at www.leg.wa.gov
28B.59B.090 Prerequisite to bond issuance. The
bonds authorized in this chapter shall be issued only after the
college board has certified to the state finance committee that
its anticipated general tuition fee revenue shall be adequate,
based upon reasonable projections of student enrollments, for
the college board to meet the requirements of RCW
28B.59B.070 during the life of the bonds proposed to be
issued. [1977 ex.s. c 346 § 9.]
28B.59B.090
Additional notes found at www.leg.wa.gov
Chapter 28B.59C RCW
1979 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Chapter 28B.59C
Sections
28B.59C.010 Purpose—Bonds authorized—Amount—Conditions.
28B.59C.020 Bond anticipation notes—Authorized—Bond proceeds to
apply to payment on.
28B.59C.030 Form, terms, conditions, sale, redemption and covenants of
bonds and notes—Pledge of state’s credit.
28B.59C.040 Disposition of proceeds from sale of bonds and notes.
28B.59C.050 Administration of proceeds from bonds and notes.
28B.59C.060 Payment of principal and interest on bonds and notes.
28B.59C.070 Moneys to be transferred from community college account to
state general fund.
28B.59C.080 Bonds as legal investment for public funds.
28 B.59 C.0 10 P ur po se —Bo nds a utho r ized —
Amount—Conditions. For the purpose of financing the
construction, reconstruction, erection, equipping, maintenance, demolition, and major alteration of buildings and
other capital assets owned by the *state board for community
college education in the name of the state of Washington, and
the acquisition of sites, rights-of-way, easements, improvements, or appurtenances in relation thereto as determined by
the legislature in its capital appropriations act, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of twenty-four
million dollars, or so much thereof as may be required, to
finance such projects, and all costs incidental thereto. No
bonds authorized by this chapter shall be offered for sale
28B.59C.010
(2010 Ed.)
28B.59C.050
without prior legislative appropriation, and these bonds shall
be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state
Constitution. [1979 ex.s. c 226 § 1.]
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.59C.020 Bond anticipation notes—Authorized—Bond proceeds to apply to payment on. When the
state finance committee has determined to issue the general
obligation bonds, or a portion thereof, it may, pending the
issuance thereof, issue in the name of the state temporary
notes in anticipation of the issuance of the bonds, which notes
shall be designated as "bond anticipation notes". Such portion
of the proceeds of the sale of the bonds as may be required for
the payment of principal of and redemption premium, if any,
and interest on the notes shall be applied thereto when the
bonds are issued. [1979 ex.s. c 226 § 2.]
28B.59C.020
Additional notes found at www.leg.wa.gov
28B.59C.030 Form, terms, conditions, sale, redemption and covenants of bonds and notes—Pledge of state’s
credit. The state finance committee is authorized to determine the aggregate amounts, dates, form, terms, conditions,
denominations, interest rates, maturities, rights and manner
of redemption prior to maturity, registration privileges,
place(s) of payment and covenants of the bonds and/or the
bond anticipation notes, the time or times of sale of all or any
portion of them, and the conditions and manner of their sale,
issuance, and redemption.
Each bond and bond anticipation note shall state that it is
a general obligation of the state of Washington, shall contain
a pledge of the full faith and credit of the state to the payment
of the principal thereof and the interest thereon, and shall
contain the state’s unconditional promise to pay the principal
and interest as the same shall become due. [1979 ex.s. c 226
§ 3.]
28B.59C.030
Additional notes found at www.leg.wa.gov
28B.59C.040 Disposition of proceeds from sale of
bonds and notes. The proceeds from the sale of the bonds
and/or bond anticipation notes authorized in this chapter,
together with all grants, donations, transferred funds, and all
other moneys which the state finance committee or the college board may direct the state treasurer to deposit therein,
shall be deposited in the 1975 community college capital
construction account in the state general fund: PROVIDED,
That such portion of the proceeds of the sale of the bonds as
may be required for the payment of the principal of and interest on any outstanding bond anticipation notes, together with
accrued interest and premium, if any, on the bonds received
from the purchasers upon their delivery, shall be deposited in
the 1975 community college capital construction bond retirement fund. [1979 ex.s. c 226 § 4.]
28B.59C.040
Additional notes found at www.leg.wa.gov
28B.59C.050 Administration of proceeds from bonds
and notes. Subject to legislative appropriation, all principal
28B.59C.050
[Title 28B RCW—page 189]
28B.59C.060
Title 28B RCW: Higher Education
proceeds of the bonds and/or bond anticipation notes authorized in this chapter shall be administered by the college
board exclusively for the purposes specified in this chapter
and for the payment of the expenses incurred in connection
with their sale and issuance. [1979 ex.s. c 226 § 5.]
Additional notes found at www.leg.wa.gov
28B.59C.060 Payment of principal and interest on
bonds and notes. The 1975 community college capital construction bond retirement fund in the state treasury shall be
used for the purpose of the payment of the principal of and
redemption premium, if any, and interest on the bonds and/or
the bond anticipation notes authorized to be issued under this
chapter.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on the bonds.
Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the 1975 community college
capital construction bond retirement fund an amount equal to
the amount certified by the state finance committee to be due
on the payment date. [1979 ex.s. c 226 § 6.]
28B.59C.060
Additional notes found at www.leg.wa.gov
28B.59C.070 Moneys to be transferred from community college account to state general fund. On or before
June 30th of each year, the college board shall accumulate in
the community college capital projects account from building
fees and other moneys deposited therein, an amount at least
equal to the amount required in the next succeeding twelve
months for the payment of principal of and interest on the
bonds issued under this chapter. Not less than thirty days
prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw the sum
from the community college capital projects account and
deposit the sum in the state general fund. [1985 c 390 § 71;
1979 ex.s. c 226 § 7.]
28B.59C.070
Additional notes found at www.leg.wa.gov
28B.59D.060 Transfer of account moneys to general fund—College board
and treasurer’s duties.
28B.59D.070 Bonds as legal investment for public funds.
28 B.59 D.0 10 Pur po se —Bo nds a uth oriz e d—
Amount—Condition. For the purpose of financing the construction, reconstruction, erection, equipping, maintenance,
demolition, and major alteration of buildings and other capital assets owned by the *state board for community college
education in the name of the state of Washington, and the
acquisition of sites, rights-of-way, easements, improvements,
or appurtenances in relation thereto as determined by the legislature in its capital appropriations act, the state finance
committee is authorized to issue general obligation bonds of
the state of Washington in the sum of seven million three
hundred thousand dollars, or so much thereof as may be
required, to finance such projects, and all costs incidental
thereto. No bonds authorized by RCW 28B.59D.010 through
28B.59D.070 may be offered for sale without prior legislative appropriation. [1981 c 237 § 1.]
28B.59D.010
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.59D.020 Bonds to pledge credit of state, promise
to pay. Each bond shall state that it is a general obligation of
the state of Washington, shall contain a pledge of the full
faith and credit of the state to the payment of the principal
thereof and the interest thereon, and shall contain the state’s
unconditional promise to pay the principal and interest as the
same shall become due. [1981 c 237 § 2.]
28B.59D.020
Additional notes found at www.leg.wa.gov
28B.59D.030 Disposition of proceeds from sale of
bonds. The proceeds from the sale of the bonds authorized in
RCW 28B.59D.010 through 28B.59D.070, together with all
grants, donations, transferred funds, and all other moneys
which the state finance committee or the college board may
direct the state treasurer to deposit therein, shall be deposited
in the 1975 community college capital construction account
in the state general fund. [1981 c 237 § 3.]
28B.59D.030
Additional notes found at www.leg.wa.gov
28B.59C.080 Bonds as legal investment for public
funds. The bonds authorized in this chapter shall constitute a
legal investment for all state funds or for funds under state
control and all funds of municipal corporations. [1979 ex.s. c
226 § 8.]
28B.59C.080
Additional notes found at www.leg.wa.gov
Chapter 28B.59D RCW
1981 COMMUNITY COLLEGE CAPITAL
PROJECTS BOND ACT
Chapter 28B.59D
Sections
28B.59D.010
28B.59D.020
28B.59D.030
28B.59D.040
Purpose—Bonds authorized—Amount—Condition.
Bonds to pledge credit of state, promise to pay.
Disposition of proceeds from sale of bonds.
Administration and expenditure of proceeds from sale of
bonds—Condition.
28B.59D.050 Existing fund utilized for payment of principal and interest—
Committee and treasurer’s duties.
[Title 28B RCW—page 190]
28B.59D.040 Administration and expenditure of proceeds from sale of bonds—Condition. Subject to legislative appropriation, all principal proceeds of the bonds authorized in RCW 28B.59D.010 through 28B.59D.070 shall be
administered by the college board exclusively for the purposes specified in RCW 28B.59D.010 through 28B.59D.070
and for the payment of the expenses incurred in connection
with their sale and issuance. [1981 c 237 § 4.]
28B.59D.040
Additional notes found at www.leg.wa.gov
28B.59D.050 Existing fund utilized for payment of
principal and interest—Committee and treasurer’s
duties. The 1975 community college capital construction
bond retirement fund in the state treasury shall be used for the
purpose of the payment of the principal of and redemption
premium, if any, and interest on the bonds authorized to be
issued under RCW 28B.59D.010 through 28B.59D.070.
28B.59D.050
(2010 Ed.)
Commercial Activities by Institutions of Higher Education
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amount
required in the next succeeding twelve months for the payment of the principal of and interest coming due on the bonds.
Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the 1975 community college
capital construction bond retirement fund an amount equal to
the amount certified by the state finance committee to be due
on the payment date. [1981 c 237 § 5.]
Additional notes found at www.leg.wa.gov
28B.59D.060 Transfer of account moneys to general
fund—College board and treasurer’s duties. (1) On or
before June 30th of each year, the college board shall accumulate in the community college capital projects account
from building fees and other moneys deposited therein, to the
extent the fees and moneys are available, an amount at least
equal to the amount required in the next succeeding twelve
months for the payment of principal of and interest on the
bonds issued under RCW 28B.59D.010 through
28B.59D.070. Not less than thirty days prior to the date on
which any interest or principal and interest payment is due,
the state treasurer shall withdraw this amount, to the extent
available, from the community college capital projects
account and deposit it in the state general fund.
(2) The state treasurer shall make withdrawals from the
community college capital projects account for deposit in the
general fund of amounts equal to debt service payments on
state general obligation bonds issued for community college
purposes pursuant to Title 28B RCW only to the extent that
funds are or become actually available in the account from
time to time. Any unpaid debt service payments shall be a
continuing obligation against the community college capital
projects account until paid. Beginning with the 1979-1981
biennium, the *state board for community college education
need not accumulate any specific amount in the community
college capital projects account for purposes of these withdrawals by the state treasurer. [1985 c 390 § 72; 1981 c 237
§ 6.]
28B.59D.060
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
Additional notes found at www.leg.wa.gov
28B.59D.070 Bonds as legal investment for public
funds. The bonds authorized in RCW 28B.59D.010 through
28B.59D.060 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1981 c 237 § 7.]
28B.59D.070
Additional notes found at www.leg.wa.gov
Chapter 28B.63 RCW
COMMERCIAL ACTIVITIES BY INSTITUTIONS OF
HIGHER EDUCATION
Chapter 28B.63
Sections
28B.63.010 Intent.
28B.63.020 Definitions.
(2010 Ed.)
28B.63.040
28B.63.030 Development of policies and mechanisms for defining and
reviewing commercial activities.
28B.63.040 Criteria for developing policies.
28B.63.050 Programs and activities exempt from chapter.
28B.63.010 Intent. The primary mission of institutions
of higher education is the creation and dissemination of
knowledge. Institutions of higher education must be mindful
that in providing goods and services for fees, they may be
competing with local private businesses.
It is the intent of the legislature to require institutions of
higher education to define the legitimate purposes under
which commercial activities may be approved, and to establish a mechanism for review of such activities. [1987 c 97 §
1.]
28B.63.010
28B.63.020 Definitions. For the purposes of this chap28B.63.020
ter:
(1) "Institutions of higher education" or "institutions"
mean those institutions as defined in RCW 28B.10.016(4).
(2) "Commercial activity" means an activity which provides a product or service for a fee which could be obtained
from a commercial source.
(3) "Fees" means any fees or charges imposed for goods,
services, or facilities. [1987 c 97 § 2.]
28B.63.030 Development of policies and mechanisms
for defining and reviewing commercial activities. Institutions of higher education in consultation with local business
organizations and representatives of the small business community are required to develop:
(1) Comprehensive policies that define the legitimate
purposes under which the institutions shall provide goods,
services, or facilities that are practically available from private businesses;
(2) A mechanism for reviewing current and proposed
commercial activities to ensure that activities are consistent
with institutional policies; and
(3) A mechanism for receiving, reviewing, and responding to enquiries from private businesses about commercial
activities carried on by institutions of higher education.
[1987 c 97 § 3.]
28B.63.030
28B.63.040 Criteria for developing policies. (1) The
following criteria shall be considered in developing policies
in regard to providing goods, services, or facilities to persons
other than students, faculty, staff, patients, and invited guests:
(a) The goods, services, or facilities represent a resource
which is substantially and directly related to the institution’s
instructional, research, or public service mission, which is not
practically available in the private marketplace and for which
there is a demand from the external community.
(b) Fees charged for the goods, services, or facilities
shall take into account the full direct and indirect costs, overhead, and the price of such items in the private marketplace.
(2) The following criteria shall be considered in developing policies in regard to providing goods, services, or facilities to students, faculty, staff, patients, and invited guests:
(a) The goods, services, or facilities are substantially and
directly related to the institution’s instructional, research, or
public service mission.
28B.63.040
[Title 28B RCW—page 191]
28B.63.050
Title 28B RCW: Higher Education
(b) Provision of the goods, services, or facilities on campus represents a special convenience to and supports the campus community, or facilitates extracurricular, public service,
or on-campus residential life.
(c) Fees charged for the goods, services, or facilities
shall take into account the full direct and indirect costs,
including overhead.
(d) The adequacy of security procedures to ensure that
the goods, services, or facilities are provided only to persons
who are students, faculty, staff, patients, or invited guests.
[1987 c 97 § 4.]
28B.63.050 Programs and activities exempt from
chapter. This chapter shall not apply to the initiation of or
changes in academic or vocational programs of instruction in
the institutions’ regular, extension, evening, or continuing
education programs, or the fees therefor, fees for services
provided in the practicum aspects of instruction, or research
programs, and in extracurricular or residential life programs,
including residence halls, food services, athletic and recreational programs, and performing arts programs. [1987 c 97
§ 5.]
28B.63.050
Chapter 28B.65 RCW
HIGH-TECHNOLOGY EDUCATION AND TRAINING
Chapter 28B.65
Sections
28B.65.010 Legislative findings.
28B.65.020 Definitions.
28B.65.030 Washington state high-technology education and training program established—Goals.
28B.65.040 Washington high-technology coordinating board created—
Members—Travel expenses.
28B.65.050 Board—Duties—Rules—Termination of board.
28B.65.060 Board—Staff support.
28B.65.070 Board—Solicitation of private and federal support, gifts, conveyances, etc.
28B.65.080 Consortium and baccalaureate degree training programs—
Board recommendations—Requirements—Coordination.
28B.65.090 Masters and doctorate level degrees in technology at University of Washington authorized.
28B.65.095 Washington technology center at University of Washington.
28B.65.100 Masters and doctorate level degrees in technology at Washington State University authorized.
28B.65.110 Statewide off-campus telecommunications system—Establishment by Washington State University for education in
high-technology fields.
28B.65.900 Short title—1983 1st ex.s. c 72.
28B.65.905 Effective date—1983 1st ex.s. c 72.
28B.65.010 Legislative findings. The legislature finds
28B.65.010
that:
(1) A coordinated state policy is needed to stimulate the
education and training of individuals in high-technology
fields, in order to improve productivity, strengthen the state’s
competitive position, and reindustrialize declining areas;
(2) The Washington high-technology education and
training program will give persons from all backgrounds
opportunities to pursue training and education programs leading to baccalaureate and graduate degrees consistent with
present and future needs of high-technology industries;
(3) Incentives to stimulate increased collaboration
between community colleges, regional universities, and the
state universities and private-sector industrial, commercial,
and labor interests are essential to the development of a pool
of skilled high-technology workers; and
[Title 28B RCW—page 192]
(4) Investment in education is the most feasible method
for state assistance to the high-technology industry. [1983
1st ex.s. c 72 § 2.]
28B.65.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Board" means the high-technology coordinating
board.
(2) "High technology" or "technology" includes but is
not limited to the modernization, miniaturization, integration,
and computerization of electronic, hydraulic, pneumatic,
laser, mechanical, robotics, nuclear, chemical, telecommunication, and other technological applications to enhance productivity in areas including but not limited to manufacturing,
communications, medicine, bioengineering, and commerce.
[1983 1st ex.s. c 72 § 3.]
28B.65.020
28B.65.030 Washington state high-technology education and training program established—Goals. A Washington state high-technology education and training program
is hereby established. The program shall be designed to:
(1) Develop the competence needed to make Washington state a leader in high-technology fields, to increase the
productivity of state industries, and to improve the state’s
competitiveness in regional, national, and international trade;
(2) Develop degree programs to enable students to be
productive in new and emerging high-technology fields by
using the resources of the state’s two-year community colleges, regional universities, the University of Washington,
Washington State University, and The Evergreen State College; and
(3) Provide industries in the state with a highly-skilled
workforce capable of producing, operating, and servicing the
advancing technology needed to modernize the state’s industries and to revitalize the state’s economy. [1983 1st ex.s. c
72 § 4.]
28B.65.030
28B.65.040 Washington high-technology coordinating board created—Members—Travel expenses. (1) The
Washington high-technology coordinating board is hereby
created.
(2) The board shall be composed of eighteen members as
follows:
(a) Eleven shall be citizen members appointed by the
governor, with the consent of the senate, for four-year terms.
In making the appointments the governor shall ensure that a
balanced geographic representation of the state is achieved
and shall attempt to choose persons experienced in high-technology fields, including at least one representative of labor.
Any person appointed to fill a vacancy occurring before a
term expires shall be appointed only for the remainder of that
term; and
(b) Seven of the members shall be as follows: One representative from each of the state’s two research universities,
one representative of the state college and regional universities, the director for the state system of community and technical colleges or the director’s designee, the superintendent
of public instruction or the superintendent’s designee, a representative of the higher education coordinating board, and
28B.65.040
(2010 Ed.)
High-Technology Education and Training
the director of the *department of community, trade, and economic development or the director’s designee.
(3) Members of the board shall not receive any salary for
their services, but shall be reimbursed for travel expenses
under RCW 43.03.050 and 43.03.060 for each day actually
spent in attending to duties as a member of the board.
(4) A citizen member of the board shall not be, during
the term of office, a member of the governing board of any
public or private educational institution, or an employee of
any state or local agency. [1995 c 399 § 29. Prior: 1985 c
381 § 1; 1985 c 370 § 86; 1984 c 66 § 1; 1983 1st ex.s. c 72 §
5.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
28B.65.050 Board—Duties—Rules—Termination of
board. (1) The board shall oversee, coordinate, and evaluate
the high-technology programs.
(2) The board shall:
(a) Determine the specific high-technology occupational
fields in which technical training is needed and advise the
institutions of higher education and the higher education
coordinating board on their findings;
(b) Identify economic areas and high-technology industries in need of technical training and research and development critical to economic development and advise the institutions of higher education and the higher education coordinating board on their findings;
(c) Oversee and coordinate the Washington high-technology education and training program to ensure high standards, efficiency, and effectiveness;
(d) Work cooperatively with the superintendent of public
instruction to identify the skills prerequisite to the high-technology programs in the institutions of higher education;
(e) Work cooperatively with and provide any information or advice which may be requested by the higher education coordinating board during the board’s review of new
baccalaureate degree program proposals which are submitted
under this chapter. Nothing in this chapter shall be construed
as altering or superseding the powers or prerogatives of the
higher education coordinating board over the review of new
degree programs as established in *section 6(2) of this 1985
act;
(f) Work cooperatively with the **department of community, trade, and economic development to identify the
high-technology education and training needs of existing
Washington businesses and businesses with the potential to
locate in Washington;
(g) Work towards increasing private sector participation
and contributions in Washington high-technology programs;
(h) Identify and evaluate the effectiveness of state sponsored research related to high technology; and
(i) Establish and maintain a plan, including priorities, to
guide high-technology program development in public institutions of higher education, which plan shall include an
assessment of current high-technology programs, steps to
increase existing programs, new initiatives and programs
necessary to promote high technology, and methods to coordinate and target high-technology programs to changing market opportunities in business and industry.
28B.65.050
(2010 Ed.)
28B.65.080
(3) The board may adopt rules under chapter 34.05 RCW
as it deems necessary to carry out the purposes of this chapter.
(4) The board shall cease to exist on June 30, 1987,
unless extended by law for an additional fixed period of time.
[1998 c 245 § 22; 1995 c 399 § 30. Prior: 1985 c 381 § 2;
1985 c 370 § 87; 1983 1st ex.s. c 72 § 6.]
Reviser’s note: *(1) A literal translation of "section 6(2) of this 1985
act" would be RCW 28B.80.350(2), however, material relating to new
degree programs is found in RCW 28B.80.340. RCW 28B.80.340 was subsequently repealed by 2004 c 275 § 75.
**(2) The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
28B.65.060 Board—Staff support. Staff support for
the high-technology coordinating board shall be provided by
the *department of community, trade, and economic development. [1995 c 399 § 31; 1985 c 381 § 3; 1983 1st ex.s. c 72 §
7.]
28B.65.060
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
28B.65.070 Board—Solicitation of private and federal support, gifts, conveyances, etc. The board may solicit
gifts, grants, conveyances, bequests and devises, whether real
or personal property, or both, in trust or otherwise, to be
directed to institutions of higher education for the use or benefit of the high-technology education and training program.
The board shall actively solicit support from business and
industry and from the federal government for the high-technology education program. [1983 1st ex.s. c 72 § 8.]
28B.65.070
28B.65.080 Consortium and baccalaureate degree
training programs—Board recommendations—Requirements—Coordination. (1) The high-technology coordinating board shall make recommendations regarding:
(a) The establishment of regional consortiums for the
establishment and development of high-technology education and training;
(b) The establishment of baccalaureate degree training
programs in high-technology fields; and
(c) The offering of high-technology education and training programs at both community college facilities and at state
colleges and regional universities.
(2) If the program is approved, the first two years of the
baccalaureate degree program offered by the respective state
colleges and regional universities at community college facilities shall be administered and operated by the respective
community colleges. The third and fourth years of the baccalaureate degree program offered at the community college
facilities shall be administered and operated by the respective
state colleges and regional universities. Each community college participating in the program shall offer two-year associate degrees in high-technology fields which shall be transferrable to and accepted by the state colleges and regional universities.
(3) The high-technology coordinating board shall oversee and coordinate the operation of the consortiums.
(4) Any such consortiums shall be implemented upon
approval by the high-technology coordinating board: PROVIDED, That if the fiscal impact of any program recommen28B.65.080
[Title 28B RCW—page 193]
28B.65.090
Title 28B RCW: Higher Education
dations exceeds existing resources plus the two hundred fifty
thousand dollars appropriated in section 15, chapter 72, Laws
of 1983 1st ex. sess., such programs shall require legislative
approval. [1983 1st ex.s. c 72 § 9.]
28B.65.090 Masters and doctorate level degrees in
technology at University of Washington authorized. See
RCW 28B.20.280.
28B.65.090
28B.65.095 Washington technology center at University of Washington. See RCW 28B.20.285.
28B.65.095
28B.65.100 Masters and doctorate level degrees in
technology at Washington State University authorized.
See RCW 28B.30.500.
28B.65.100
28B.65.110 Statewide off-campus telecommunications system—Establishment by Washington State University for education in high-technology fields. See RCW
28B.30.520.
28B.65.110
28B.65.900 Short title—1983 1st ex.s. c 72. This act
may be known and cited as the Washington high-technology
education and training act. [1983 1st ex.s. c 72 § 1.]
28B.65.900
(1) "Board" means the state board for community and
technical colleges.
(2) "Costs of training" and "training costs" means the
direct costs experienced under a contract with a qualified
training institution for formal technical or skill training,
including basic skills. "Costs of training" includes amounts
in the contract for costs of instruction, materials, equipment,
rental of class space, marketing, and overhead. "Costs of
training" does not include employee tuition reimbursements
unless the tuition reimbursement is specifically included in a
contract.
(3) "Participant" means a private employer that, under
this chapter, undertakes a training program with a qualified
training institution.
(4) "Qualified training institution" means a public community or technical college or a private vocational school
licensed by either the workforce training and education coordinating board or the higher education coordinating board.
(5) "Training allowance" and "allowance" means a
voucher, credit, or payment from the board to a participant to
cover training costs.
(6) "Training program" means a program funded under
this chapter at a qualified training institution. [2006 c 112 §
2.]
28B.67.020 Customized training program created—
Applications—Criteria—Rules. (Expires July 1, 2012.)
(1) The Washington customized employment training program is hereby created to provide training assistance to
employers locating or expanding in the state.
(2)(a) Application to receive funding under this program
shall be made to the board in a form and manner as specified
by the board. Successful applicants shall receive a training
allowance from the board to cover the costs of training at a
qualified training institution. Employers may not receive an
allowance for training costs which exceed the maximum
annual training cost per employee, as established by the
board, and are not eligible to receive an allowance or allowances of over five hundred thousand dollars per calendar
year.
(b) Allowances shall be granted for applicants who meet
the following criteria:
(i) The employer must have entered into an agreement
with a qualified training institution to engage in customized
training and the employer must agree to: (A) Upon completion of the training, make a payment to the employment training finance account created in RCW 28B.67.030 in an
amount equal to one-quarter of the amount of the training
allowance; and (B) over the subsequent eighteen months,
make monthly or quarterly payments, as specified in the
agreement, to the employment training finance account created in RCW 28B.67.030 in an amount equal to three-quarters of the amount of the training allowance. The payments
into the employment training finance account provided for in
this section do not constitute payment to the institution.
(ii) The employer must ensure that the number of
employees an employer has in the state during the calendar
year following the completion of the training program will
equal the number of employees the employer had in the state
in the calendar year preceding the start of the training program plus seventy-five percent of the number of trainees.
28B.67.020
28B.65.905 Effective date—1983 1st ex.s. c 72. This
act is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1983. [1983 1st ex.s. c 72 § 18.]
28B.65.905
Chapter 28B.67 RCW
CUSTOMIZED EMPLOYMENT TRAINING
Chapter 28B.67
Sections
28B.67.005 Findings—Intent.
28B.67.010 Definitions.
28B.67.020 Customized training program created—Applications—Criteria—Rules.
28B.67.030 Employment training finance account.
28B.67.900 Construction.
28B.67.901 Severability—2006 c 112.
28B.67.902 Expiration date—2006 c 112 §§ 1-4 and 8.
28B.67.005 Findings—Intent. (Expires July 1, 2012.)
The legislature finds that the provision of customized training
is critical to attracting and retaining businesses, and that the
growth of many businesses is limited by an unmet need for
customized training. The legislature also finds that workforce training not only helps business, it also improves the
quality of life for workers and communities. Because of the
statewide public benefit to be gained from instituting a customized training program, the legislature intends to create a
new program to fund workforce training in a manner that
reduces the up-front costs of training to new and expanding
firms. [2006 c 112 § 1.]
28B.67.005
28B.67.010 Definitions. (Expires July 1, 2012.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
28B.67.010
[Title 28B RCW—page 194]
(2010 Ed.)
Customized Employment Training
The agreement with the qualified training institution provided for in (b)(i) of this subsection shall specify terms for
reimbursement or additional payment to the employment
training finance account by the employer if the employment
criterion of this subsection is not met.
(iii) The training grant may not be used to train workers
who have been hired as a result of a strike or lockout.
(c) Preference shall be given to employers with fewer
than fifty employees.
(3) Qualified training institutions may enter into agreements with four-year institutions of higher education, as
defined in RCW 28B.10.016, in accordance with the interlocal cooperation act, chapter 39.34 RCW.
(4) The board and qualified training institutions may
solicit and receive gifts, grants, funds, fees, and endowments,
in trust or otherwise, from tribal, local, federal, or other governmental entities, as well as private sources, for the purpose
of providing training allowances under chapter 112, Laws of
2006. All revenue thus solicited and received shall be deposited into the employment training finance account created in
RCW 28B.67.030.
(5) The board may adopt rules to implement this section.
[2006 c 112 § 3.]
28B.67.020
28B.67.020 Customized training program created—Applications—Criteria—Rules. (1) The Washington customized employment
training program is hereby created to provide training assistance to employers locating or expanding in the state.
(2)(a) Application to receive funding under this program shall be made
to the board in a form and manner as specified by the board. Successful
applicants shall receive a training allowance from the board to cover the
costs of training at a qualified training institution. Employers may not
receive an allowance for training costs which exceed the maximum annual
training cost per employee, as established by the board, and are not eligible
to receive an allowance or allowances of over five hundred thousand dollars
per calendar year.
(b) Allowances shall be granted for applicants who meet the following
criteria:
(i) The employer must have entered into an agreement with a qualified
training institution to engage in customized training and the employer must
agree to: (A) Upon completion of the training, make a payment to the
employment training finance account created in RCW 28B.67.030 in an
amount equal to one-quarter of the amount of the training allowance; and (B)
over the subsequent eighteen months, make monthly or quarterly payments,
as specified in the agreement, to the employment training finance account
created in RCW 28B.67.030 in an amount equal to three-quarters of the
amount of the training allowance. During calendar years 2009 and 2010, participants may delay payments due under this section for up to eighteen
months. The payments into the employment training finance account provided for in this section do not constitute payment to the institution.
(ii) ((The employer must ensure that the number of employees an
employer has in the state during the calendar year following the completion
of the training program will equal the number of employees the employer
had in the state in the calendar year preceding the start of the training program plus seventy-five percent of the number of trainees.)) When hiring, the
employer must make good faith efforts, as determined by the board, to hire
from trainees in the participant’s training program. The agreement with the
qualified training institution provided for in (b)(i) of this subsection shall
specify terms for reimbursement or additional payment to the employment
training finance account by the employer if the ((employment criterion of
this subsection is not met)) participant does not, when hiring, make good
faith efforts to hire from trainees in the participant’s training program.
(iii) The training ((grant)) allowance may not be used to train workers
who have been hired as a result of a strike or lockout.
(c) Preference shall be given to employers with fewer than fifty
employees.
(d) Preference shall be given to training that leads to transferable skills
that are interchangeable among different jobs, employers, or workplaces.
(2010 Ed.)
28B.67.901
(3) Qualified training institutions may enter into agreements with
four-year institutions of higher education, as defined in RCW 28B.10.016, in
accordance with the interlocal cooperation act, chapter 39.34 RCW.
(4) The board and qualified training institutions may solicit and receive
gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal,
local, federal, or other governmental entities, as well as private sources, for
the purpose of providing training allowances under chapter 112, Laws of
2006. All revenue thus solicited and received shall be deposited into the
employment training finance account created in RCW 28B.67.030.
(5) Qualified training institutions must make good faith efforts to
develop training programs using trainers preferred by participants.
(6) For employers who (a) have requested training under the job skills
program created under chapter 28C.04 RCW but are not able to participate in
the job skills program because the funds have all been committed, and (b)
desire to become participants in the Washington customized employment
training program, the board shall ensure a seamless process toward participation.
(7) The board may adopt rules to implement this section. [2009 c 296
§ 1; 2006 c 112 § 3.]
Reviser’s note: 2009 c 296 amended RCW 28B.67.020 without cognizance of the underlying expiration date of RCW 28B.67.020.
28B.67.030 Employment training finance account.
(Expires July 1, 2012.) (1) All payments received from a
participant in the Washington customized employment training program created in RCW 28B.67.020 shall be deposited
into the employment training finance account, which is
hereby created in the custody of the state treasurer. Only the
state board for community and technical colleges may authorize expenditures from the account and no appropriation is
required for expenditures. The money in the account must be
used solely for training allowances under the Washington
customized employment training program created in RCW
28B.67.020 and for providing up to seventy-five thousand
dollars per year for training, marketing, and facilitation services to increase the use of the program. The deposit of payments under this section from a participant shall cease when
the board specifies that the participant has met the monetary
obligations of the program. During the 2007-2009 fiscal
biennium, the legislature may transfer from the employment
training finance account to the state general fund such
amounts as reflect the excess fund balance in the account.
(2) All revenue solicited and received under the provisions of RCW 28B.67.020(4) shall be deposited into the
employment training finance account to provide training
allowances.
(3) The definitions in RCW 28B.67.010 apply to this
section.
(4) This section expires July 1, 2012. [2010 1st sp.s. c 26
§ 4. Prior: 2009 c 564 § 1804; 2009 c 296 § 2; 2006 c 112 §
8.]
28B.67.030
Effective date—2009 c 564: See note following RCW 2.68.020.
28B.67.900 Construction. (Expires July 1, 2012.)
This chapter, being necessary for the welfare of the state and
its inhabitants, shall be liberally construed to effect its purposes. Insofar as the provisions of this chapter are inconsistent with the provisions of any general or special law, or parts
thereof, the provisions of this chapter shall be controlling.
[2006 c 112 § 4.]
28B.67.900
28B.67.901 Severability—2006 c 112. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
28B.67.901
[Title 28B RCW—page 195]
28B.67.902
Title 28B RCW: Higher Education
provision to other persons or circumstances is not affected.
[2006 c 112 § 9.]
28B.67.902 Expiration date—2006 c 112 §§ 1-4 and
8. Sections 1 through 4 and 8 of this act expire July 1, 2012.
[2006 c 112 § 11.]
28B.67.902
Chapter 28B.70
Chapter 28B.70 RCW
WESTERN REGIONAL
HIGHER EDUCATION COMPACT
Sections
28B.70.010
28B.70.020
28B.70.030
28B.70.040
28B.70.050
Ratification of compact.
Terms and provisions of compact.
Formal ratification.
Appointment, removal of commissioners.
Exemption from nonresident tuition fees differential.
Board to coordinate state participation within student exchange compact
programs: RCW 28B.76.640 through 28B.76.650.
28B.70.010 Ratification of compact. The western
regional higher education compact, recommended by the
western governors’ conference on November 10, 1950, for
adoption by the states or territories of Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, Wyoming, Alaska and Hawaii, is hereby
ratified and approved and the adherence of this state to the
provisions of this compact, upon its ratification and approval
by any four or more of such states or territories in addition to
this state, is hereby declared. [1969 ex.s. c 223 § 28B.70.010.
Prior: 1955 c 214 § 1. Formerly RCW 28.82.010.]
28B.70.010
28B.70.020 Terms and provisions of compact. The
terms and provisions of the compact referred to in RCW
28B.70.010 are as follows:
28B.70.020
WESTERN REGIONAL
HIGHER EDUCATION COMPACT
Article I
WHEREAS, The future of this Nation and of the Western States is dependent upon the quality of the education of
its youth; and
WHEREAS, Many of the Western States individually do
not have sufficient numbers of potential students to warrant
the establishment and maintenance within their borders of
adequate facilities in all the essential fields of technical, professional and graduate training, nor do all of the states have
the financial ability to furnish within their borders institutions
capable of providing acceptable standards of training in all of
the fields mentioned above; and
WHEREAS, It is believed that the Western States, or
group of such states within the Region, cooperatively can
provide acceptable and efficient educational facilities to meet
the needs of the Region and of the students thereof;
NOW, THEREFORE, The States of Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington and Wyoming, and the Territories of
Alaska and Hawaii, do hereby covenant and agree as follows:
[Title 28B RCW—page 196]
Article II
Each of the compacting states and territories pledge to
each of the other compacting states and territories faithful
cooperation in carrying out all the purposes of this compact.
Article III
The compacting states and territories hereby create the
Western Interstate Commission for Higher Education, hereinafter called the Commission. Said Commission shall be a
body corporate of each compacting state and territory and an
agency thereof. The Commission shall have all the powers
and duties set forth herein, including the power to sue and be
sued, and such additional powers as may be conferred upon it
by subsequent action of the respective legislatures of the
compacting states and territories.
Article IV
The Commission shall consist of three resident members
from each compacting state or territory. At all times one commissioner from each compacting state or territory shall be an
educator engaged in the field of higher education in the state
or territory from which he is appointed.
The commissioners from each state and territory shall be
appointed by the governor thereof as provided by law in such
state or territory. Any commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.
The term of each commissioner shall be four years:
PROVIDED, HOWEVER, That the first three commissioners shall be appointed as follows: one for two years, one for
three years, and one for four years. Each commissioner shall
hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the
remainder of the unexpired term.
Article V
Any business transacted at any meeting of the Commission must be by affirmative vote of a majority of the whole
number of compacting states and territories.
One or more commissioners from a majority of the compacting states and territories shall constitute a quorum for the
transaction of business.
Each compacting state and territory represented at any
meeting of the Commission is entitled to one vote.
Article VI
The Commission shall elect from its number a chairman
and a vice-chairman, and may appoint, and at its pleasure dismiss or remove, such officers, agents and employees as may
be required to carry out the purpose of this compact; and shall
fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.
The commissioners shall serve without compensation,
but shall be reimbursed for their actual and necessary
expenses from the funds of the Commission.
(2010 Ed.)
Western Regional Higher Education Compact
Article VII
The Commission shall adopt a seal and bylaws and shall
adopt and promulgate rules and regulations for its management and control.
The Commission may elect such committees as it deems
necessary for the carrying out of its functions.
The Commission shall establish and maintain an office
within one of the compacting states for the transaction of its
business and may meet at any time, but in any event must
meet at least once a year. The chairman may call such additional meetings and upon the request of a majority of the
commissioners of three or more compacting states or territories shall call additional meetings.
The Commission shall submit a budget to the governor
of each compacting state and territory at such time and for
such period as may be required.
The Commission shall, after negotiations with interested
institutions, determine the cost of providing the facilities for
graduate and professional education for use in its contractual
agreements throughout the Region.
On or before the fifteenth day of January of each year,
the Commission shall submit to the governors and legislatures of the compacting states and territories a report of its
activities for the preceding calendar year.
The Commission shall keep accurate books of account,
showing in full its receipts and disbursements, and said books
of account shall be open at any reasonable time for inspection
by the governor of any compacting state or territory or his
designated representative. The Commission shall not be subject to the audit and accounting procedure of any of the compacting states or territories. The Commission shall provide
for an independent annual audit.
Article VIII
It shall be the duty of the Commission to enter into such
contractual agreements with any institutions in the Region
offering graduate or professional education and with any of
the compacting states or territories as may be required in the
judgment of the Commission to provide adequate services
and facilities of graduate and professional education for the
citizens of the respective compacting states or territories. The
Commission shall first endeavor to provide adequate services
and facilities in the fields of dentistry, medicine, public
health and veterinary medicine, and may undertake similar
activities in other professional and graduate fields.
For this purpose the Commission may enter into contractual agreements
(a) with the governing authority of any educational institution in the Region, or with any compacting state or territory
to provide such graduate or professional educational services
upon terms and conditions to be agreed upon between contracting parties and
(b) with the governing authority of any educational institution in the Region or with any compacting state or territory
to assist in the placement of graduate or professional students
in educational institutions in the Region providing the desired
services and facilities, upon such terms and conditions as the
Commission may prescribe.
It shall be the duty of the Commission to undertake studies of needs for professional and graduate educational facili(2010 Ed.)
28B.70.020
ties in the Region, the resources of meeting such needs, and
the long-range effects of the compact on higher education;
and from time to time prepare comprehensive reports on such
research for presentation to the Western Governors’ Conference and to the legislatures of the compacting states and territories. In conducting such studies, the Commission may
confer with any national or regional planning body which
may be established. The Commission shall draft and recommend to the governors of the various compacting states and
territories, uniform legislation dealing with problems of
higher education in the Region.
For the purposes of this compact the word "Region" shall
be construed to mean the geographical limits of the several
compacting states and territories.
Article IX
The operating costs of the Commission shall be apportioned equally among the compacting states and territories.
Article X
This compact shall become operative and binding immediately as to those states and territories adopting it whenever
five or more of the states or territories of Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, Wyoming, Alaska and Hawaii have duly
adopted it prior to July 1, 1955. This compact shall become
effective as to any additional states or territories thereafter at
the time of such adoption.
Article XI
This compact may be terminated at any time by consent
of a majority of the compacting states or territories. Consent
shall be manifested by passage and signature in the usual
manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state or territory may at any time withdraw from this compact by means
of appropriate legislation to that end. Such withdrawal shall
not become effective until two years after written notice
thereof by the governor of the withdrawing state or territory
accompanied by a certified copy of the requisite legislative
action is received by the Commission. Such withdrawal shall
not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its
action of withdrawal at any time within the two-year period.
Thereafter the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of
the Commission.
Article XII
If any compacting state or territory shall at any time
default in the performance of any of its obligations assumed
or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder, shall be suspended from the
effective date of such default as fixed by the commission.
Unless such default shall be remedied within a period of
two years following the effective date of such default, this
compact may be terminated with respect to such defaulting
[Title 28B RCW—page 197]
28B.70.030
Title 28B RCW: Higher Education
state or territory by affirmative vote of three-fourths of the
other member states or territories.
Any such defaulting state may be reinstated by (a) performing all acts and obligations upon which it has heretofore
defaulted, and (b) application to and the approval by a majority vote of the Commission. [1969 ex.s. c 223 § 28B.70.020.
Prior: 1955 c 214 § 2. Formerly RCW 28.82.020.]
28B.70.030 Formal ratification. Upon ratification and
approval of the western regional higher education compact
by any four or more of the specified states or territories in
addition to this state, the governor of this state is authorized
and directed to execute said compact on behalf of this state
and to perform any other acts which may be deemed requisite
to its formal ratification and promulgation. [1969 ex.s. c 223
§ 28B.70.030. Prior: 1955 c 214 § 3. Formerly RCW
28.82.030.]
28B.70.030
28B.70.040 Appointment, removal of commissioners.
(1) The governor shall appoint the members, for this state, of
the Western Interstate Commission for Higher Education,
which is created under the provisions of Article III of the
western regional higher education compact.
(2) The qualifications and terms of office of the members
of the commission for this state shall conform with the provisions of Article IV of said compact.
(3) The commissioners shall serve without compensation
and they shall be reimbursed for their actual and necessary
expenses by the Western Interstate Commission for Higher
Education.
(4) The governor may remove a member of the commission in conformity with the provisions of RCW 43.06.070,
43.06.080 and 43.06.090. [1981 c 338 § 14; 1969 ex.s. c 223
§ 28B.70.040. Prior: 1955 c 214 § 4. Formerly RCW
28.82.040.]
28B.70.040
28B.70.050 Exemption from nonresident tuition fees
differential. When said compact becomes operative the governing board of each institution of higher education in this
state, to the extent necessary to conform with the terms of the
contractual agreement, subject to the limitations of RCW
28B.15.910, may exempt from payment all or a portion of the
nonresident tuition fees differential, any student admitted to
such institution under the terms of a contractual agreement
entered into with the commission in accord with the provisions of Article VIII(a) of the compact. [1993 sp.s. c 18 § 33;
1992 c 231 § 30; 1969 ex.s. c 223 § 28B.70.050. Prior: 1955
c 214 § 5. Formerly RCW 28.82.050.]
28B.70.050
Additional notes found at www.leg.wa.gov
Chapter 28B.76 RCW
HIGHER EDUCATION COORDINATING BOARD
Chapter 28B.76
Sections
PART I - GENERAL PROVISIONS
28B.76.010
28B.76.020
28B.76.030
28B.76.040
28B.76.050
28B.76.060
Board created.
Definitions.
Purpose.
Members—Appointment.
Members—Terms.
Members—Vacancies.
[Title 28B RCW—page 198]
28B.76.070
28B.76.080
28B.76.090
28B.76.110
28B.76.120
Bylaws—Meetings.
Members—Compensation and travel expenses.
Director—Duties—Board use of state agencies.
Board as state commission for federal law purposes.
Adoption of rules.
PART II - POLICY AND PLANNING
28B.76.200
Statewide strategic master plan for higher education—Institution-level strategic plans.
28B.76.210 Budget priorities and levels of funding—Guidelines for institutions—Review and evaluation of budget requests—Recommendations.
28B.76.230 Needs assessment process and analysis—Recommendations—Activities requiring board approval.
28B.76.240 Statewide transfer and articulation policies.
28B.76.2401 Statewide transfer of credit policy and agreement—Requirements.
28B.76.250 Transfer associate degrees—Work groups—Implementation—Progress reports.
28B.76.260 Statewide system of course equivalency—Work group.
28B.76.270 Accountability monitoring and reporting system—Institution
biennial plans and performance targets—Biennial reports
to the legislature.
28B.76.280 Data collection and research—Privacy protection.
28B.76.290 Coordination of activities with segments of higher education.
28B.76.300 State support received by students—Information.
28B.76.310 Development of methods and protocols for measuring educational costs—Schedule of educational cost study reports.
28B.76.320 Board to transmit amounts constituting approved educational
costs.
28B.76.330 Coordination, articulation, and transitions among systems of
education—Biennial updates to legislature.
28B.76.335 Teacher preparation degree and certificate programs—Needs
assessment.
28B.76.340 Service regions for educator preparation programs.
PART III - EDUCATION SERVICES ADMINISTRATION
28B.76.500
28B.76.505
28B.76.510
28B.76.520
28B.76.525
28B.76.526
28B.76.530
28B.76.540
28B.76.550
28B.76.555
28B.76.560
28B.76.565
28B.76.570
28B.76.575
28B.76.580
28B.76.585
28B.76.590
28B.76.600
28B.76.605
28B.76.610
28B.76.615
28B.76.620
28B.76.625
28B.76.630
28B.76.640
28B.76.645
Student financial aid programs—Administration by board—
College information web-based portal.
Scholarship endowment programs—Administration of
funds.
Board to administer certain federal programs.
Federal funds, private gifts or grants, board to administer.
State financial aid account.
Washington opportunity pathways account.
Board may develop and administer demonstration projects.
Administrative responsibilities.
Distinguished professorship trust fund program—"Private
donation" defined.
Distinguished professorship trust fund program—Intent.
Distinguished professorship trust fund program—Establishment—Administration.
Distinguished professorship trust fund program—Trust fund
established.
Distinguished professorship trust fund program—Guidelines—Allocation system.
Distinguished professorship trust fund program—Matching
funds—Donations or appropriations—Disbursement of
funds.
Distinguished professorship trust fund program—Name of
professorship—Duties of institution—Use of endowment
proceeds.
Distinguished professorship trust fund program—Moneys
not subject to collective bargaining.
Distinguished professorship trust fund program—Continuation of program established under prior law.
Graduate fellowship trust fund program—Intent.
Graduate fellowship trust fund program—Establishment—
Administration.
Graduate fellowship trust fund—Matching funds.
Graduate fellowship trust fund program—Guidelines—Allocation system.
Graduate fellowship trust fund program—Matching funds—
Donations—Disbursement of funds.
Graduate fellowship trust fund program—Name of fellowship—Duties of institution—Use of endowment proceeds.
Graduate fellowship trust fund program—Moneys not subject to collective bargaining.
Board to coordinate state participation within student
exchange compact programs—Designate certifying
officer.
Board to coordinate state participation within student
exchange compact programs—Criteria—Washington
(2010 Ed.)
Higher Education Coordinating Board
28B.76.650
28B.76.660
28B.76.665
28B.76.670
28B.76.680
28B.76.685
28B.76.690
interstate commission on higher education professional
student exchange program trust fund.
Board to coordinate state participation within student
exchange compact programs—Advice to governor, legislature.
Washington scholars award and Washington scholars-alternate award.
Washington scholars award waivers or grants—Transfers
between colleges and universities.
Washington award for vocational excellence—Grants—Definitions.
Border county higher education opportunity project—Findings—Intent.
Border county higher education opportunity project—Created.
Border county higher education opportunity project—
Administration.
College in the high school program—Rules: RCW 28A.600.290.
Dual credit programs—Annual report: RCW 28A.600.280.
Health sciences and services authorities application process: RCW
35.104.040.
PART I - GENERAL PROVISIONS
28B.76.010 Board created. There is hereby created the
Washington higher education coordinating board. [1985 c
370 § 1. Formerly RCW 28B.80.300.]
28B.76.010
28B.76.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the higher education coordinating
board.
(2) "Four-year institutions" means the University of
Washington, Washington State University, Central Washington University, Eastern Washington University, Western
Washington University, and The Evergreen State College.
(3) "Major expansion" means expansion of the higher
education system that requires significant new capital investment, including building new institutions, campuses,
branches, or centers or conversion of existing campuses,
branches, or centers that would result in a mission change.
(4) "Mission change" means a change in the level of
degree awarded or institutional type not currently authorized
in statute. [2010 c 245 § 4; 1985 c 370 § 2. Formerly RCW
28B.80.310.]
28B.76.020
Findings—Expand on demand—System design plan endorsed—
2010 c 245: See note following RCW 28B.50.020.
28B.76.030 Purpose. The purpose of the board is to:
(1) Develop a statewide strategic master plan for higher
education and continually monitor state and institution
progress in meeting the vision, goals, priorities, and strategies
articulated in the plan;
(2) Based on objective data analysis, develop and recommend statewide policies to enhance the availability, quality,
efficiency, and accountability of public higher education in
Washington state;
(3) Administer state and federal financial aid and other
education services programs in a cost-effective manner;
(4) Serve as an advocate on behalf of students and the
overall system of higher education to the governor, the legislature, and the public;
(5) Represent the broad public interest above the interests of the individual colleges and universities; and
28B.76.030
(2010 Ed.)
28B.76.080
(6) Coordinate with the governing boards of the two and
four-year institutions of higher education, the state board for
community and technical colleges, the workforce training
and education coordinating board, and the superintendent of
public instruction to create a seamless system of public education for the citizens of Washington state geared toward student success. [2004 c 275 § 1.]
Part headings not law—2004 c 275: "Part headings used in this act are
not part of the law." [2004 c 275 § 80.]
28B.76.040 Members—Appointment. The board
shall consist of ten members, one of whom shall be a student,
who are representative of the public, including women and
the racial minority community. All members shall be
appointed at large by the governor and approved by the senate. Following the term of the chair serving on June 13, 2002,
the board shall select from its membership a chair and a vicechair who shall each serve a one-year term. The chair and
vice-chair may serve more than one term if selected to do so
by the membership. [2002 c 348 § 1; 2002 c 129 § 1; 1985 c
370 § 10. Formerly RCW 28B.80.390.]
28B.76.040
Reviser’s note: This section was amended by 2002 c 129 § 1 and by
2002 c 348 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
28B.76.050 Members—Terms. The members of the
board, except the student member, shall serve for terms of
four years, the terms expiring on June 30th of the fourth year
of the term. The student member shall hold his or her office
for a term of one year beginning on the first day of July.
[2007 c 458 § 101; 2004 c 275 § 3; 2002 c 129 § 2; 1985 c 370
§ 11. Formerly RCW 28B.80.400.]
28B.76.050
Part headings not law—2007 c 458: "Part headings used in this act are
not any part of the law." [2007 c 458 § 301.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.060 Members—Vacancies. Any vacancies
among board members shall be filled by the governor subject
to confirmation by the senate then in session, or if not in session, at the next session. Board members appointed under this
section shall have full authority to act as such prior to the time
the senate acts on their confirmation. Appointments to fill
vacancies shall be only for such terms as remain unexpired.
[1985 c 370 § 12. Formerly RCW 28B.80.410.]
28B.76.060
28B.76.070 Bylaws—Meetings. The board shall adopt
bylaws and shall meet at least four times each year and at
such other times as determined by the chair who shall give
reasonable prior notice to the members.
Board members are expected to consistently attend
board meetings. The chair of the board may ask the governor
to remove any member who misses more than two meetings
in any calendar year without cause. [1985 c 370 § 13. Formerly RCW 28B.80.420.]
28B.76.070
28B.76.080 Members—Compensation and travel
expenses. Members of the board shall be compensated in
accordance with RCW 43.03.240 and shall receive travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
28B.76.080
[Title 28B RCW—page 199]
28B.76.090
Title 28B RCW: Higher Education
[1985 c 370 § 16; 1984 c 287 § 65; 1975-’76 2nd ex.s. c 34 §
77; 1969 ex.s. c 277 § 12. Formerly RCW 28B.80.110,
28.89.110.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
28B.76.090
28B.76.090 Director—Duties—Board use of state
agencies. The board shall employ a director and may delegate agency management to the director. The director shall
serve at the pleasure of the board, shall be the executive
officer of the board, and shall, under the board’s supervision,
administer the provisions of this chapter. The executive
director shall, with the approval of the board: (1) Employ
necessary deputy and assistant directors and other exempt
staff under chapter 41.06 RCW who shall serve at his or her
pleasure on such terms and conditions as he or she determines
and (2) subject to the provisions of chapter 41.06 RCW,
appoint and employ such other employees as may be required
for the proper discharge of the functions of the board. The
executive director shall exercise such additional powers,
other than rule making, as may be delegated by the board by
resolution. In fulfilling the duties under this chapter, the
board shall make extensive use of those state agencies with
responsibility for implementing and supporting postsecondary education plans and policies including but not limited to
appropriate legislative groups, the postsecondary education
institutions, the office of financial management, the workforce training and education coordinating board, the state
board for community and technical colleges, and the office of
the superintendent of public instruction. Outside consulting
and service agencies may also be employed. The board may
compensate these groups and consultants in appropriate
ways. [2007 c 458 § 102; 2004 c 275 § 4; 1987 c 330 § 301;
1985 c 370 § 14. Formerly RCW 28B.80.430.]
Part headings not law—2007 c 458: See note following RCW
28B.76.050.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.76.110
28B.76.110 Board as state commission for federal
law purposes. The higher education coordinating board is
designated as the state commission as provided for in Section
1202 of the education amendments of 1972 (Public Law 92318), as now or hereafter amended; and shall perform such
functions as is necessary to comply with federal directives
pertaining to the provisions of such law. [2004 c 275 § 5;
1985 c 370 § 20; 1975 1st ex.s. c 132 § 9. Formerly RCW
28B.80.200.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.76.120
28B.76.120 Adoption of rules. The board shall have
authority to adopt rules as necessary to implement this chapter. [1985 c 370 § 8. Formerly RCW 28B.80.370.]
[Title 28B RCW—page 200]
PART II - POLICY AND PLANNING
28B.76.200 Statewide strategic master plan for
higher education—Institution-level strategic plans. (1)
The board shall develop a statewide strategic master plan for
higher education that proposes a vision and identifies measurable goals and priorities for the system of higher education
in Washington state for a ten-year time period. The board
shall update the statewide strategic master plan every four
years. The plan shall address the goals of: (a) Expanding
access; (b) using methods of educational delivery that are
efficient, cost-effective, and productive to deliver modern
educational programs; and (c) using performance measures to
gauge the effectiveness of the state’s progress towards meeting its higher education goals. The plan shall encompass all
sectors of higher education, including the two-year system,
workforce training, the four-year institutions, and financial
aid. The board shall also specify strategies for expanding
access, affordability, quality, efficiency, and accountability
among the various institutions of higher education.
(2) In developing the statewide strategic master plan for
higher education, the board shall collaborate with the fouryear institutions of higher education including the council of
presidents, the community and technical college system, and,
when appropriate, the workforce training and education coordinating board, the superintendent of public instruction, the
independent higher education institutions, the business sector, and labor. The board shall identify and utilize models of
regional planning and decision making before initiating a
statewide planning process. The board shall also seek input
from students, faculty organizations, community and business leaders in the state, members of the legislature, and the
governor.
(3) As a foundation for the statewide strategic master
plan for higher education, the board shall review role and
mission statements for each of the four-year institutions of
higher education and the community and technical college
system. The purpose of the review is to ensure institutional
roles and missions are aligned with the overall state vision
and priorities for higher education.
(4) In assessing needs of the state’s higher education system, the board should encourage partnerships, embrace innovation, and consider, analyze, and make recommendations
concerning the following information:
(a) Demographic, social, economic, and technological
trends and their impact on service delivery for a twenty-year
horizon;
(b) The changing ethnic composition of the population
and the special needs arising from those trends;
(c) Business and industrial needs for a skilled workforce;
(d) College attendance, retention, transfer, graduation,
and dropout rates;
(e) Needs and demands for basic and continuing education and opportunities for lifelong learning by individuals of
all age groups;
(f) Needs and demands for nontraditional populations
including, but not limited to, adult learners; and
(g) Needs and demands for access to higher education by
placebound students and individuals in heavily populated
areas underserved by public institutions.
28B.76.200
(2010 Ed.)
Higher Education Coordinating Board
(5) The statewide strategic master plan for higher education shall include, but not be limited to, the following access
and educational delivery items:
(a) Recommendations based on enrollment forecasts and
analysis of data about demand for higher education, and policies and actions to meet the goal of expanding access;
(b) State and regional priorities for new or expanded
degree programs or off-campus programs, including what
models of service delivery may be most cost-effective;
(c) Recommended policies or actions to improve the efficiency of student transfer and graduation or completion;
(d) State and regional priorities for addressing needs in
high-demand fields where enrollment access is limited and
employers are experiencing difficulty finding enough qualified graduates to fill job openings;
(e) Recommended tuition and fees policies and levels;
and
(f) Priorities and recommendations including increased
transparency on financial aid.
(6) The board shall present the vision, goals, priorities,
and strategies in the statewide strategic master plan for higher
education in a way that provides guidance for institutions, the
governor, and the legislature to make further decisions
regarding institution-level plans, policies, legislation, and
operating and capital funding for higher education. In the
statewide strategic master plan for higher education, the
board shall recommend specific actions to be taken and identify measurable performance indicators and benchmarks for
gauging progress toward achieving the goals and priorities.
(7) Every four years by December 15th, beginning
December 15, 2007, the board shall submit an update of the
ten-year statewide strategic master plan for higher education
to the governor and the legislature. The updated plan shall
reflect the expectations and policy directions of the legislative higher education and fiscal committees, and shall provide a timely and relevant framework for the development of
future budgets and policy proposals. The legislature shall, by
concurrent resolution, approve or recommend changes to the
updated plan, following public hearings. The board shall
submit the final plan, incorporating legislative changes, to the
governor and the legislature by June of the year in which the
legislature approves the concurrent resolution. The plan shall
then become state higher education policy unless legislation
is enacted to alter the policies set forth in the plan. The board
shall report annually to the governor and the legislature on
the progress being made by the institutions of higher education and the state to implement the strategic master plan.
(8) Each four-year institution shall develop an institution-level ten-year strategic plan that implements the vision,
goals, priorities, and strategies within the statewide strategic
master plan for higher education based on the institution’s
role and mission. Institutional strategic plans shall encourage
partnerships, embrace innovation, and contain measurable
performance indicators and benchmarks for gauging progress
toward achieving the goals and priorities with attention given
to the goals and strategies of increased access and program
delivery methods. The board shall review the institutionlevel plans to ensure the plans are aligned with and implement the statewide strategic master plan for higher education
and shall periodically monitor institutions’ progress toward
achieving the goals and priorities within their plans.
(2010 Ed.)
28B.76.210
(9) The board shall also review the comprehensive master plan prepared by the state board for community and technical colleges for the community and technical college system under RCW 28B.50.090 to ensure the plan is aligned
with and implements the statewide strategic master plan for
higher education. [2007 c 458 § 201; 2004 c 275 § 6; 2003 c
130 § 2. Formerly RCW 28B.80.345.]
Part headings not law—2007 c 458: See note following RCW
28B.76.050.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Findings—Intent—2003 c 130: See note following RCW 28B.76.210.
28B.76.210 Budget priorities and levels of funding—
Guidelines for institutions—Review and evaluation of
budget requests—Recommendations. (1) The board shall
collaborate with the four-year institutions including the council of presidents, the community and technical college system, and when appropriate the workforce training and education coordinating board, the superintendent of public instruction, and the independent higher educational institutions to
identify budget priorities and levels of funding for higher
education, including the two and four-year institutions of
higher education and state financial aid programs. It is the
intent of the legislature that recommendations from the board
reflect not merely the sum of budget requests from multiple
institutions, but prioritized funding needs for the overall system of higher education.
(2) By December of each odd-numbered year, the board
shall distribute guidelines which outline the board’s fiscal
priorities to the institutions and the state board for community and technical colleges.
(a) The institutions and the state board for community
and technical colleges shall submit an outline of their proposed operating budgets to the board no later than July 1st of
each even-numbered year. Pursuant to guidelines developed
by the board, operating budget outlines submitted by the
institutions and the state board for community and technical
colleges after January 1, 2007, shall include all policy
changes and enhancements that will be requested by the institutions and the state board for community and technical colleges in their respective biennial budget requests. Operating
budget outlines shall include a description of each policy
enhancement, the dollar amount requested, and the fund
source being requested.
(b) Capital budget outlines for the two-year institutions
shall be submitted by August 15th of each even-numbered
year, and shall include the prioritized ranking of the capital
projects being requested, a description of each capital project,
and the amount and fund source being requested.
(c) Capital budget outlines for the four-year institutions
must be submitted by August 15th of each even-numbered
year, and must include: The institutions’ priority ranking of
the project; the capital budget category within which the
project will be submitted to the office of financial management in accordance with RCW 43.88D.010; a description of
each capital project; and the amount and fund source being
requested.
(d) The office of financial management shall reference
these reporting requirements in its budget instructions.
28B.76.210
[Title 28B RCW—page 201]
28B.76.230
Title 28B RCW: Higher Education
(3) The board shall review and evaluate the operating
and capital budget requests from four-year institutions and
the community and technical college system based on how
the requests align with the board’s budget priorities, the missions of the institutions, and the statewide strategic master
plan for higher education under RCW 28B.76.200.
(4) The board shall submit recommendations on the proposed operating budget and priorities to the office of financial management by October 1st of each even-numbered
year, and to the legislature by January 1st of each odd-numbered year.
(5) The board’s capital budget recommendations for the
community and technical college system and the four-year
institutions must be submitted to the office of financial management and to the legislature by November 15th of each
even-numbered year. The board’s recommendations for the
four-year institutions must include a single, prioritized list of
the major projects that the board recommends be funded with
state bond and building account appropriations during the
forthcoming fiscal biennium. In developing this single prioritized list, the board shall:
(a) Seek to identify the combination of projects that will
most cost-effectively achieve the state’s goals. These goals
include increasing baccalaureate and graduate degree production, particularly in high-demand fields; promoting economic development through research and innovation; providing quality, affordable educational environments; preserving
existing assets; and maximizing the efficient utilization of
instructional space;
(b) Be guided by the objective analysis and scoring of
capital budget projects completed by the office of financial
management pursuant to chapter 43.88D RCW;
(c) Anticipate (i) that state bond and building account
appropriations continue at the same level during each of the
two subsequent fiscal biennia as has actually been appropriated for the baccalaureate institutions during the current one;
(ii) that major projects funded for design during a biennium
are funded for construction during the subsequent one before
state appropriations are provided for new major projects; and
(iii) that minor health, safety, code, and preservation projects
are funded at the same average level as in recent biennia
before state appropriations are provided for new major
projects.
(6) Institutions and the state board for community and
technical colleges shall submit any supplemental budget
requests and revisions to the board at the same time they are
submitted to the office of financial management. The board
shall submit recommendations on the proposed supplemental
budget requests to the office of financial management by
November 1st and to the legislature by January 1st. [2010 c
245 § 10; 2008 c 205 § 4; 2007 c 458 § 202; 2004 c 275 § 7;
2003 c 130 § 3; 1997 c 369 § 10; 1996 c 174 § 1; 1993 c 363
§ 6; 1985 c 370 § 4. Formerly RCW 28B.80.330.]
Findings—Expand on demand—System design plan endorsed—
2010 c 245: See note following RCW 28B.50.020.
Findings—Intent—2008 c 205: See RCW 43.88D.005.
Part headings not law—2007 c 458: See note following RCW
28B.76.050.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
[Title 28B RCW—page 202]
Findings—Intent—2003 c 130: "(1) The legislature finds that:
(a) At the time the higher education coordinating board was created in
1985, the legislature wanted a board with a comprehensive mission that
included planning, budget and program review authority, and program
administration;
(b) Since its creation, the board has achieved numerous accomplishments, including proposals leading to creation of the branch campus system,
and has made access and affordability of higher education a consistent priority;
(c) However, higher education in Washington state is currently at a
crossroads. Demographic, economic, and technological changes present
new and daunting challenges for the state and its institutions of higher education. As the state looks forward to the future, the legislature, the governor,
and institutions need a common strategic vision to guide planning and decision making.
(2) Therefore, it is the legislature’s intent to reaffirm and strengthen the
strategic planning role of the higher education coordinating board. It is also
the legislature’s intent to examine options for reassigning or altering other
roles and responsibilities to enable the board to place priority and focus on
planning and coordination." [2003 c 130 § 1.]
Findings—1993 c 363: "The legislature finds a need to redefine the
relationship between the state and its postsecondary education institutions
through a compact based on trust, evidence, and a new alignment of responsibilities. As the proportion of the state budget dedicated to postsecondary
education programs has continued to decrease and the opportunity for this
state’s citizens to participate in such programs also has declined, the state
institutions of higher education have increasingly less flexibility to respond
to emerging challenges through innovative management and programming.
The legislature finds that this state has not provided its institutions of higher
education with the ability to effectively achieve statewide goals and objectives to increase access to, improve the quality of, and enhance the accountability for its postsecondary education system.
Therefore, the legislature declares that the policy of the state of Washington is to create an environment in which the state institutions of higher
education have the authority and flexibility to enhance attainment of statewide goals and objectives for the state’s postsecondary education system
through decisions and actions at the local level. The policy shall have the
following attributes:
(1) The accomplishment of equitable and adequate enrollment by significantly raising enrollment lids, adequately funding those increases, and
providing sufficient financial aid for the neediest students;
(2) The development and use of a new definition of quality measured
by effective operations and clear results; the efficient use of funds to achieve
well-educated students;
(3) The attainment of a new resource management relationship that
removes the state from micromanagement, allows institutions greater management autonomy to focus resources on essential functions, and encourages
innovation; and
(4) The development of a system of coordinated planning and sufficient feedback to assure policymakers and citizens that students are succeeding and resources are being prudently deployed." [1993 c 363 § 1.]
Industrial project of statewide significance—Defined: RCW 43.157.010.
Additional notes found at www.leg.wa.gov
28B.76.230
28B.76.230 Needs assessment process and analysis—
Recommendations—Activities requiring board approval.
(1) The board shall develop a comprehensive and ongoing
assessment process to analyze the need for additional degrees
and programs, additional off-campus centers and locations
for degree programs, and consolidation or elimination of programs by the four-year institutions. Board recommendations
regarding proposed major expansion shall be limited to determinations of whether the major expansion is within the scope
indicated in the most recent strategic master plan for higher
education or most recent system design plan. Recommendations regarding existing capital prioritization processes are
not within the scope of the evaluation of major expansion.
Major expansion and proposed mission changes may be proposed by the board, any public institution of higher education, or by a state or local government.
(2010 Ed.)
Higher Education Coordinating Board
(2) As part of the needs assessment process, the board
shall examine:
(a) Projections of student, employer, and community
demand for education and degrees, including liberal arts
degrees, on a regional and statewide basis;
(b) Current and projected degree programs and enrollment at public and private institutions of higher education, by
location and mode of service delivery;
(c) Data from the workforce training and education coordinating board and the state board for community and technical colleges on the supply and demand for workforce education and certificates and associate degrees; and
(d) Recommendations from the technology transformation task force created in chapter 407, Laws of 2009, and
institutions of higher education relative to the strategic and
operational use of technology in higher education. These and
other reports, reviews, and audits shall allow for: The development of enterprise-wide digital information technology
across educational sectors, systems, and delivery methods;
the integration and streamlining of administrative tools
including but not limited to student information management,
financial management, payroll, human resources, data collection, reporting, and analysis; and a determination of the costs
of multiple technology platforms, systems, and models.
(3) Every two years the board shall produce, jointly with
the state board for community and technical colleges and the
workforce training and education coordinating board, an
assessment of the number and type of higher education and
training credentials required to match employer demand for a
skilled and educated workforce. The assessment shall
include the number of forecasted net job openings at each
level of higher education and training and the number of credentials needed to match the forecast of net job openings.
(4) The board shall determine whether certain major
lines of study or types of degrees, including applied degrees
or research-oriented degrees, shall be assigned uniquely to
some institutions or institutional sectors in order to create
centers of excellence that focus resources and expertise.
(5) The following activities are subject to approval by
the board:
(a) New degree programs by a four-year institution;
(b) Creation of any off-campus program by a four-year
institution;
(c) Purchase or lease of major off-campus facilities by a
four-year institution or a community or technical college;
(d) Creation of higher education centers and consortia;
(e) New degree programs and creation of off-campus
programs by an independent college or university in collaboration with a community or technical college; and
(f) Applied baccalaureate degree programs developed by
colleges under RCW 28B.50.810.
(6) Institutions seeking board approval under this section
must demonstrate that the proposal is justified by the needs
assessment developed under this section. Institutions must
also demonstrate how the proposals align with or implement
the statewide strategic master plan for higher education under
RCW 28B.76.200.
(7) The board shall develop clear guidelines and objective decision-making criteria regarding approval of proposals
under this section, which must include review and consulta(2010 Ed.)
28B.76.240
tion with the institution and other interested agencies and
individuals.
(8) The board shall periodically recommend consolidation or elimination of programs at the four-year institutions,
based on the needs assessment analysis.
(9) In the case of a proposed major expansion or mission
change, the needs assessment process under subsection (2) of
this section constitutes a threshold inquiry. If the board
determines that the need for the proposed major expansion or
mission change has not been justified, the inquiry is concluded. If the board determines that the need for the proposed
major expansion or mission change has been sufficiently
established, the board, in consultation with any directly
involved institutions and other interested agencies and individuals, shall proceed to examine the viability of the proposal
using criteria including, but not limited to:
(a) The specific scope of the project including the capital
investment requirements, the number of full-time equivalent
students anticipated, and the number of academic programs
planned;
(b) The existence of an efficient and sustainable financial
plan;
(c) The extent to which existing resources can be leveraged;
(d) The current and five-year projected student population, faculty, and staff to support the proposed programs,
institution, or innovation;
(e) The plans to accommodate expected growth over a
twenty-year time frame;
(f) The extent to which new or existing partnerships and
collaborations are a part of the proposal; and
(g) The feasibility of any proposed innovations to accelerate degree production.
(10) After the board completes its evaluation of the proposed major expansion or mission change using the needs
assessment under subsection (2) of this section and viability
determination under subsection (9) of this section, the board
shall make a recommendation to either proceed, modify, or
not proceed with the proposed major expansion or mission
change. The board’s recommendation shall be presented to
the governor and the legislature. [2010 c 245 § 5; 2005 c 258
§ 11; 2004 c 275 § 9.]
Findings—Expand on demand—System design plan endorsed—
2010 c 245: See note following RCW 28B.50.020.
Findings—Intent—2005 c 258: See note following RCW 28B.45.014.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.240 Statewide transfer and articulation policies. The board shall adopt statewide transfer and articulation policies that ensure efficient transfer of credits and
courses across public two and four-year institutions of higher
education. The intent of the policies is to create a statewide
system of articulation and alignment between two and fouryear institutions. Policies may address but are not limited to
creation of a statewide system of course equivalency, creation of transfer associate degrees, statewide articulation
agreements, applicability of technical courses toward baccalaureate degrees, and other issues. The institutions of higher
education and the state board for community and technical
colleges shall cooperate with the board in developing the
28B.76.240
[Title 28B RCW—page 203]
28B.76.2401
Title 28B RCW: Higher Education
statewide policies and shall provide support and staff
resources as necessary to assist in maintaining the policies.
The board shall submit a progress report to the higher education committees of the senate and house of representatives by
December 1, 2006, by which time the legislature expects
measurable improvement in alignment and transfer efficiency. [2004 c 275 § 10; 1998 c 245 § 23; 1985 c 370 § 27;
1983 c 304 § 1. Formerly RCW 28B.80.280.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.2401
28B.76.2401 Statewide transfer of credit policy and agreement—
Requirements. The statewide transfer of credit policy and agreement must
be designed to facilitate the transfer of students and the evaluation of transcripts, to better serve persons seeking information about courses and programs, to aid in academic planning, and to improve the review and evaluation of academic programs in the state institutions of higher education. The
statewide transfer of credit policy and agreement must not require or encourage the standardization of course content or prescribe course content or the
credit value assigned by any institution to the course. Policies adopted by
public four-year institutions concerning the transfer of lower division credit
must treat students transferring from public community colleges the same as
students transferring from public four-year institutions. [2004 c 55 § 5; 1983
c 304 § 2. Formerly RCW 28B.80.290.]
Reviser’s note: RCW 28B.80.290 was repealed by 2004 c 275 § 75
without cognizance of its amendment by 2004 c 55 § 5; and subsequently
recodified as RCW 28B.76.2401 by the code reviser. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
28B.76.2401
28B.76.2401 Statewide transfer of credit policy and agreement—
Requirements. [2004 c 55 § 5; 1983 c 304 § 2. Formerly RCW
28B.80.290.] Repealed by 2004 c 275 § 75; and subsequently recodified as
RCW 28B.76.2401 by the code reviser.
Reviser’s note: RCW 28B.80.290 was repealed by 2004 c 275 § 75
without cognizance of its amendment by 2004 c 55 § 5; and subsequently
recodified as RCW 28B.76.2401 by the code reviser. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
28B.76.250 Transfer associate degrees—Work
groups—Implementation—Progress reports. (1) The
higher education coordinating board must convene work
groups to develop transfer associate degrees that will satisfy
lower division requirements at public four-year institutions of
higher education for specific academic majors. Work groups
must include representatives from the state board for community and technical colleges and the council of presidents, as
well as faculty from two and four-year institutions. Work
groups may include representatives from independent fouryear institutions.
(2) Each transfer associate degree developed under this
section must enable a student to complete the lower-division
courses or competencies for general education requirements
and preparation for the major that a direct-entry student
would typically complete in the freshman and sophomore
years for that academic major.
(3) Completion of a transfer associate degree does not
guarantee a student admission into an institution of higher
education or admission into a major, minor, or professional
program at an institution of higher education that has competitive admission standards for the program based on grade
point average or other performance criteria.
(4) During the 2004-05 academic year, the work groups
must develop transfer degrees for elementary education,
28B.76.250
[Title 28B RCW—page 204]
engineering, and nursing. Each year thereafter, the higher
education coordinating board must convene additional
groups to identify and develop additional transfer degrees.
The board must give priority to majors in high demand by
transfer students and majors that the general direct transfer
agreement associate degree does not adequately prepare students to enter automatically upon transfer.
(5) The higher education coordinating board, in collaboration with the intercollege relations commission, must collect and maintain lists of courses offered by each community
and technical college and public four-year institution of
higher education that fall within each transfer associate
degree.
(6) The higher education coordinating board must monitor implementation of transfer associate degrees by public
four-year institutions to ensure compliance with subsection
(2) of this section.
(7) Beginning January 10, 2005, the higher education
coordinating board must submit a progress report on the
development of transfer associate degrees to the higher education committees of the house of representatives and the
senate. The first progress report must include measurable
benchmark indicators to monitor the effectiveness of the initiatives in improving transfer and baseline data for those indicators before the implementation of the initiatives. Subsequent reports must be submitted by January 10 of each oddnumbered year and must monitor progress on the indicators,
describe development of additional transfer associate
degrees, and provide other data on improvements in transfer
efficiency. [2004 c 55 § 2.]
Findings—Intent—2004 c 55: "(1) The legislature finds that community and technical colleges play a vital role for students obtaining baccalaureate degrees. In 2002, more than forty percent of students graduating with
a baccalaureate degree had transferred from a community or technical college.
(2) The legislature also finds that demand continues to grow for baccalaureate degrees. Increased demand comes from larger numbers of students
seeking access to higher education and greater expectations from employers
for the knowledge and skills needed to expand the state’s economy. Community and technical colleges are an essential partner in meeting this
demand.
(3) However, the legislature also finds that current policies and procedures do not provide for efficient transfer of courses, credits, or prerequisites
for academic majors. Furthermore, the state’s public higher education system must expand its capacity to enroll transfer students in baccalaureate education. The higher education coordinating board must take a leadership role
in working with the community and technical colleges and four-year institutions to ensure efficient and seamless transfer across the state.
(4) Therefore, it is the legislature’s intent to build clearer pathways to
baccalaureate degrees, improve statewide coordination of transfer and articulation, and ensure long-term capacity in the state’s higher education system
for transfer students." [2004 c 55 § 1.]
28B.76.260
28B.76.260 Statewide system of course equivalency—Work group. (1) The higher education coordinating
board must create a statewide system of course equivalency
for public institutions of higher education, so that courses
from one institution can be transferred and applied toward
academic majors and degrees in the same manner as equivalent courses at the receiving institution.
(2) The board must convene a work group including representatives from the state board for community and technical colleges and the council of presidents, as well as faculty
from two and four-year institutions, to:
(2010 Ed.)
Higher Education Coordinating Board
(a) Identify equivalent courses between community and
technical colleges and public four-year institutions and
among public four-year institutions, including identifying
how courses meet requirements for academic majors and
degrees; and
(b) Develop strategies for communicating course equivalency to students, faculty, and advisors.
(3) The work group may include representatives from
independent four-year institutions. The work group must
take into account the unique nature of the curriculum of The
Evergreen State College in developing the course equivalency system.
(4) The higher education coordinating board must make
a progress report on the development of the course equivalency system to the higher education committees of the senate and house of representatives by January 10, 2005. The
report must include options and cost estimates for ongoing
maintenance of the system. [2004 c 55 § 3.]
Findings—Intent—2004 c 55: See note following RCW 28B.76.250.
28B.76.270 Accountability monitoring and reporting
system—Institution biennial plans and performance targets—Biennial reports to the legislature. (1) The board
shall establish an accountability monitoring and reporting
system as part of a continuing effort to make meaningful and
substantial progress towards the achievement of long-term
performance goals in higher education.
(2) Based on guidelines prepared by the board, each
four-year institution and the state board for community and
technical colleges shall submit a biennial plan to achieve
measurable and specific improvements each academic year
on statewide and institution-specific performance measures.
Plans shall be submitted to the board along with the biennial
budget requests from the institutions and the state board for
community and technical colleges. Performance measures
established for the community and technical colleges shall
reflect the role and mission of the colleges.
(3) The board shall approve biennial performance targets
for each four-year institution and for the community and
technical college system and shall review actual achievements annually. The state board for community and technical
colleges shall set biennial performance targets for each college or district, where appropriate.
(4) The board shall submit a report on progress towards
the statewide goals, with recommendations for the ensuing
biennium, to the fiscal and higher education committees of
the legislature along with the board’s biennial budget recommendations.
(5) The board, in collaboration with the four-year institutions and the state board for community and technical colleges, shall periodically review and update the accountability
monitoring and reporting system.
(6) The board shall develop measurable indicators and
benchmarks for its own performance regarding cost, quantity,
quality, and timeliness and including the performance of
committees and advisory groups convened under this chapter
to accomplish such tasks as improving transfer and articulation, improving articulation with the K-12 education system,
measuring educational costs, or developing data protocols.
The board shall submit its accountability plan to the legisla28B.76.270
(2010 Ed.)
28B.76.290
ture concurrently with the biennial report on institution
progress. [2004 c 275 § 11.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.280 Data collection and research—Privacy
protection. (1) In consultation with the institutions of higher
education and state education agencies, the board shall identify the data needed to carry out its responsibilities for policy
analysis, accountability, program improvements, and public
information. The primary goals of the board’s data collection
and research are to describe how students and other beneficiaries of higher education are being served; to support
higher education accountability; and to assist state policymakers and institutions in making policy decisions.
(2) The board shall identify the most cost-effective manner for the board to collect data or access existing data. The
board shall develop research priorities, policies, and common
definitions to maximize the reliability and consistency of data
across institutions.
(3) Specific protocols shall be developed by the board to
protect the privacy of individual student records while ensuring the availability of student data for legitimate research
purposes. [2010 1st sp.s. c 7 § 58; 2004 c 275 § 12.]
28B.76.280
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.290 Coordination of activities with segments
of higher education. The board shall coordinate educational
activities among all segments of higher education taking into
account the educational programs, facilities, and other
resources of both public and independent two and four-year
colleges and universities. The four-year institutions and the
state board for community and technical colleges shall coordinate information and activities with the board. The board
shall have the following additional responsibilities:
(1) Promote interinstitutional cooperation;
(2) Establish minimum admission standards for fouryear institutions, including a requirement that coursework in
American sign language or an American Indian language
shall satisfy any requirement for instruction in a language
other than English that the board or the institutions may
establish as a general undergraduate admissions requirement;
(3) Establish transfer policies;
(4) Adopt rules implementing statutory residency
requirements;
(5) Develop and administer reciprocity agreements with
bordering states and the province of British Columbia;
(6) Review and recommend compensation practices and
levels for administrative employees, exempt under *chapter
28B.16 RCW, and faculty using comparative data from peer
institutions;
(7) Monitor higher education activities for compliance
with all relevant state policies for higher education;
(8) Arbitrate disputes between and among four-year
institutions or between and among four-year institutions and
community colleges at the request of one or more of the institutions involved, or at the request of the governor, or from a
28B.76.290
[Title 28B RCW—page 205]
28B.76.300
Title 28B RCW: Higher Education
resolution adopted by the legislature. The decision of the
board shall be binding on the participants in the dispute;
(9) Establish and implement a state system for collecting, analyzing, and distributing information;
(10) Recommend to the governor and the legislature
ways to remove any economic incentives to use off-campus
program funds for on-campus activities; and
(11) Make recommendations to increase minority participation, and monitor and report on the progress of minority
participation in higher education. [1993 c 77 § 2; 1992 c 60
§ 3; 1988 c 172 § 4; 1985 c 370 § 6. Formerly RCW
28B.80.350.]
*Reviser’s note: Chapter 28B.16 RCW was repealed by 1993 c 281,
with the exception of RCW 28B.16.015 and 28B.16.240, which was recodified as RCW 41.06.382. For exemptions to higher education personnel law
see chapter 41.06 RCW. RCW 28B.16.015 and 41.06.382 were subsequently
repealed by 2002 c 354 § 403, effective July 1, 2005.
28B.76.300
28B.76.300 State support received by students—
Information. (1) The board shall annually develop information on the approximate amount of state support that students
receive. For students at state-supported colleges and universities, the information shall include the approximate level of
support received by students in each tuition category. That
information may include consideration of the following:
Expenditures included in the educational cost formula, revenue forgiven from waived tuition and fees, state-funded
financial aid awarded to students at public institutions, and all
or a portion of appropriated amounts not reflected in the educational cost formula for institutional programs and services
that may affect or enhance the educational experience of students at a particular institution. For students attending a private college, university, or proprietary school, the information shall include the amount of state-funded financial aid
awarded to students attending the institution.
(2) Beginning July 30, 1993, the board shall annually
provide information appropriate to each institution’s student
body to each state-supported four-year institution of higher
education and to the state board for community and technical
colleges for distribution to community colleges and technical
colleges.
(3) Beginning July 30, 1993, the board shall annually
provide information on the level of financial aid received by
students at that institution to each private university, college,
or proprietary school, that enrolls students receiving statefunded financial aid.
(4) Beginning with the 1997 fall academic term, each
institution of higher education described in subsection (2) or
(3) of this section shall provide to students at the institution
information on the approximate amount that the state is contributing to the support of their education. Information provided to students at each state-supported college and university shall include the approximate amount of state support
received by students in each tuition category at that institution. The amount of state support shall be based on the information provided by the board under subsections (1) through
(3) of this section. The information shall be provided to students at the beginning of each academic term through one or
more of the following: Registration materials, class schedules, tuition and fee billing packets, student newspapers, or
[Title 28B RCW—page 206]
via e-mail or kiosk. [2004 c 275 § 14; 1997 c 48 § 1; 1993 c
250 § 1. Formerly RCW 28B.10.044.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Tuition billing statements—Disclosures to students: RCW 28B.15.0681.
28B.76.310 Development of methods and protocols
for measuring educational costs—Schedule of educational cost study reports. (1) The board, in consultation
with the house of representatives and senate committees
responsible for higher education, the respective fiscal committees of the house of representatives and senate, the office
of financial management, the state board for community and
technical colleges, and the state institutions of higher education, shall develop standardized methods and protocols for
measuring the undergraduate and graduate educational costs
for the state universities, regional universities, and community colleges, including but not limited to the costs of instruction, costs to provide degrees in specific fields, and costs for
precollege remediation.
(2) By December 1, 2004, the board must propose a
schedule of regular cost study reports intended to meet the
information needs of the governor’s office and the legislature
and the requirements of RCW 28B.76.300 and submit the
proposed schedule to the higher education and fiscal committees of the house of representatives and the senate for their
review.
(3) The institutions of higher education shall participate
in the development of cost study methods and shall provide
all necessary data in a timely fashion consistent with the protocols developed. [2004 c 275 § 15; 1995 1st sp.s. c 9 § 7;
1992 c 231 § 5; 1989 c 245 § 3. Prior: 1985 c 390 § 16; 1985
c 370 § 65; 1982 1st ex.s. c 37 § 16; 1981 c 257 § 3; 1977
ex.s. c 322 § 7. Formerly RCW 28B.15.070.]
28B.76.310
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Additional notes found at www.leg.wa.gov
28B.76.320 Board to transmit amounts constituting
approved educational costs. The board shall determine and
transmit amounts constituting approved undergraduate and
graduate educational costs to the several boards of regents
and trustees of the state institutions of higher education by
November 10 of each even-numbered year. [2004 c 275 § 16;
1995 1st sp.s. c 9 § 6; 1989 c 245 § 4. Prior: 1985 c 390 § 17;
1985 c 370 § 66; 1982 1st ex.s. c 37 § 17; 1981 c 257 § 4.
Formerly RCW 28B.15.076.]
28B.76.320
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Additional notes found at www.leg.wa.gov
28B.76.330 Coordination, articulation, and transitions among systems of education—Biennial updates to
legislature. The higher education coordinating board shall
work with the state board of education, the superintendent of
public instruction, the state board for community and technical colleges, the workforce training and education coordinat28B.76.330
(2010 Ed.)
Higher Education Coordinating Board
ing board, two and four-year institutions of higher education,
and school districts to improve coordination, articulation, and
transitions among the state’s systems of education. The goal
of improved coordination is increased student success. Topics to address include: Expansion of dual enrollment options
for students; articulation agreements between institutions of
higher education and high schools; improved alignment of
high school preparatory curriculum and college readiness.
The board, in conjunction with the other education agencies,
shall submit a biennial update on the work accomplished and
planned under this section to the education and higher education committees of the legislature, beginning January 15,
2005. [2004 c 275 § 17; 1994 c 222 § 3. Formerly RCW
28B.80.175.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.76.335
28B.76.335 Teacher preparation degree and certificate programs—Needs assessment. As part of the state
needs assessment process conducted by the board in accordance with RCW 28B.76.230, the board shall, in collaboration with the professional educator standards board, assess
the need for additional degree and certificate programs in
Washington that specialize in teacher preparation to meet
regional or subject area shortages. If the board determines
that there is a need for additional programs, then the board
shall encourage the appropriate institutions of higher education or institutional sectors to create such a program. [2010 c
235 § 507; 2007 c 396 § 17.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
28B.76.505
PART III - EDUCATION SERVICES ADMINISTRATION
28B.76.500 Student financial aid programs—Administration by board—College information web-based portal. (1) The board shall administer any state program or stateadministered federal program of student financial aid now or
hereafter established.
(2) Each of the student financial aid programs administered by the board shall be labeled an "opportunity pathway."
Loans provided by the federal government and aid granted to
students outside of the financial aid package provided
through institutions of higher education are not subject to the
labeling provisions in this subsection. All communication
materials, including, but not limited to, printed materials, presentations, and web content, shall include the "opportunity
pathway" label.
(3) If the board develops a one-stop college information
web-based portal that includes financial, academic, and
career planning information, the portal shall display all available student financial aid programs, except federal student
loans and aid granted to students outside of the financial aid
package provided through institutions of higher education,
under the "opportunity pathway" label. The portal shall also
display information regarding federal tax credits related to
higher education available for students or their families.
(4) The labeling requirements in this section do not
change the source, eligibility requirements, or student obligations associated with each program. The board shall customize its communications to differentiate between programs,
eligibility requirements, and student obligations, so long as
the reporting provisions of this chapter are also fulfilled.
[2009 c 215 § 7; 1985 c 370 § 23; 1975 1st ex.s. c 132 § 15.
Prior: 1969 ex.s. c 263 § 7. Formerly RCW 28B.80.240,
28.90.160, 28B.81.070.]
28B.76.500
Findings—Intent—Effective date—2009 c 215: See notes following
RCW 28B.92.030.
Additional notes found at www.leg.wa.gov
28B.76.340
28B.76.340 Service regions for educator preparation
programs. (1) The board must establish boundaries for service regions for institutions of higher education as defined in
RCW 28B.10.016 implementing professional educator standards board-approved educator preparation programs.
Regions shall be established to encourage and support, not
exclude, the reach of public institutions of higher education
across the state.
(2) Based on the data in the assessment in RCW
28B.76.230 and 28B.76.335, the board shall determine
whether reasonable teacher preparation program access for
prospective teachers is available in each region. If access is
determined to be inadequate in a region, the institution of
higher education responsible for the region shall submit a
plan for meeting the access need to the board.
(3) Partnerships with other teacher preparation program
providers and the use of appropriate technology shall be considered. The board shall review the plan and, as appropriate,
assist the institution in developing support and resources for
implementing the plan. [2010 c 235 § 508.]
Finding—2010 c 235: See note following RCW 28A.405.245.
(2010 Ed.)
28B.76.505 Scholarship endowment programs—
Administration of funds. (1) The investment of funds from
all scholarship endowment programs administered by the
higher education coordinating board shall be managed by the
state investment board.
(2) The state investment board has the full power to
invest, reinvest, manage, contract, sell, or exchange investment money in scholarship endowment funds. All investment and operating costs associated with the investment of a
scholarship endowment fund shall be paid pursuant to RCW
43.33A.160 and 43.84.160. With the exception of these
expenses, the earnings from the investments of the fund
belong to the fund.
(3) Funds from all scholarship endowment programs
administered by the board shall be in the custody of the state
treasurer.
(4) All investments made by the state investment board
shall be made with the exercise of that degree of judgment
and care pursuant to RCW 43.33A.140 and the investment
policies established by the state investment board.
(5) As deemed appropriate by the state investment board,
money in a scholarship endowment fund may be commingled
28B.76.505
[Title 28B RCW—page 207]
28B.76.510
Title 28B RCW: Higher Education
for investment with other funds subject to investment by the
state investment board.
(6) The authority to establish all policies relating to
scholarship endowment funds, other than the investment policies in subsections (2) through (5) of this section, resides
with the higher education coordinating board.
(7) The higher education coordinating board may request
and accept moneys from the state investment board. With the
exception of expenses of the state investment board in subsection (2) of this section, disbursements from the fund shall
be made only on the authorization of the higher education
coordinating board, and money in the fund may be spent only
for the purposes of the endowment programs as specified in
the authorizing chapter of each program.
(8) The state investment board shall routinely consult
and communicate with the higher education coordinating
board on the investment policy, earnings of the scholarship
endowment funds, and related needs of the programs. [2007
c 73 § 1.]
28B.76.510 Board to administer certain federal programs. The board shall administer any federal act pertaining
to higher education which is not administered by another
state agency. [1985 c 370 § 21; 1975 1st ex.s. c 132 § 12.
Prior: 1969 ex.s. c 263 § 3. Formerly RCW 28B.80.210,
28.90.120, 28B.81.030.]
28B.76.510
Additional notes found at www.leg.wa.gov
28B.76.520 Federal funds, private gifts or grants,
board to administer. The board is authorized to receive and
expend federal funds and any private gifts or grants, such federal funds or private funds to be expended in accordance with
the conditions contingent in such grant thereof. [1985 c 370
§ 22; 1975 1st ex.s. c 132 § 14. Prior: 1969 ex.s. c 263 § 5.
Formerly RCW 28B.80.230, 28.90.140, 28B.81.050.]
28B.76.520
Additional notes found at www.leg.wa.gov
28B.76.525 State financial aid account. (1) The state
financial aid account is created in the custody of the state
treasurer. The primary purpose of the account is to ensure
that all appropriations designated for financial aid through
statewide student financial aid programs are made available
to eligible students. The account shall be a nontreasury
account.
(2) The higher education coordinating board shall
deposit in the account all money received for the state need
grant program established under RCW 28B.92.010, the state
work-study program established under chapter 28B.12 RCW,
the Washington scholars program established under RCW
28A.600.110, the Washington award for vocational excellence program established under RCW 28C.04.525, and the
educational opportunity grant program established under
*chapter 28B.101 RCW. The account shall consist of funds
appropriated by the legislature for the programs listed in this
subsection and private contributions to the programs. Moneys deposited in the account do not lapse at the close of the
fiscal period for which they were appropriated. Both during
and after the fiscal period in which moneys were deposited in
the account, the board may expend moneys in the account
only for the purposes for which they were appropriated, and
28B.76.525
[Title 28B RCW—page 208]
the expenditures are subject to any other conditions or limitations placed on the appropriations.
(3) Expenditures from the account shall be used for
scholarships to students eligible for the programs according
to program rules and policies.
(4) Disbursements from the account are exempt from
appropriations and the allotment provisions of chapter 43.88
RCW.
(5) Only the executive director of the higher education
coordinating board or the executive director’s designee may
authorize expenditures from the account. [2005 c 139 § 1.]
Reviser’s note: *(1) Chapter 28B.101 RCW was repealed in its entirety
by 2009 c 215 § 15, effective August 1, 2011.
(2) 2005 c 139 directed that this section be added to chapter 28B.10
RCW. This section has been codified as part of chapter 28B.76 RCW, which
relates more directly to duties of the higher education coordinating board.
28B.76.526 Washington opportunity pathways
account. The Washington opportunity pathways account is
created in the state treasury. Expenditures from the account
may be used only for programs in chapter 28B.12 RCW (state
work-study), chapter 28B.50 RCW (opportunity grant),
RCW 28B.76.660 (Washington scholars award), RCW
28B.76.670 (Washington award for vocational excellence),
chapter 28B.92 RCW (state need grant program), chapter
28B.101 RCW (educational opportunity grant), chapter
28B.105 RCW (GET ready for math and science scholarship), chapter 28B.117 RCW (passport to college promise),
chapter 28B.118 RCW (college bound scholarship), chapter
28B.119 RCW (Washington promise scholarship), chapter
43.215 RCW (early childhood education and assistance program), and RCW 43.330.280 (recruitment of entrepreneurial
researchers, innovation partnership zones and research
teams). [2010 1st sp.s. c 27 § 2.]
28B.76.526
Findings—Intent—2010 1st sp.s. c 27: "The legislature finds that
institutions of higher education are key to the future employment opportunities of Washington citizens and to the economic well-being of the state. The
legislature finds that the recruitment of entrepreneurial researchers at institutions of higher education and the formation of research innovation teams will
further enhance faculty recruitment and economic development. The legislature further finds that current financial aid and early childhood education
programs are underfunded and subject to the unpredictability of the state
budget. It is the intent of the legislature to direct lottery account moneys
toward the Washington opportunity pathways account and that those funds
stabilize and increase existing resources for the recruitment of entrepreneurial researchers, innovation partnership zones and research teams, early childhood education, opportunity grants, educational opportunity grants, get
ready for math and science scholarships, passport to college promise scholarships, college bound scholarships, the state work study program, the state
need grant, Washington scholars awards, the Washington award for vocational excellence, and Washington promise scholarships. It is also the intent
of the legislature to continue funding the education construction fund by
redirecting a portion of general state revenues to that fund." [2010 1st sp.s.
c 27 § 1.]
28B.76.530 Board may develop and administer demonstration projects. The higher education coordinating
board may develop and administer demonstration projects
designed to prepare and assist persons to obtain a higher education in this state. [1989 c 306 § 2. Formerly RCW
28B.80.180.]
28B.76.530
28B.76.540 Administrative responsibilities. In addition to administrative responsibilities assigned in this chapter, the board shall administer the programs set forth in the
28B.76.540
(2010 Ed.)
Higher Education Coordinating Board
following statutes: RCW 28A.600.100 through 28A.600.150
(Washington scholars); chapter 28B.85 RCW (degree-granting institutions); chapter 28B.92 RCW (state need grant);
chapter 28B.12 RCW (work study); RCW 28B.15.543
(tuition waivers for Washington scholars); RCW 28B.15.760
through 28B.15.766 (math and science loans); RCW
28B.15.100 (reciprocity agreement); RCW 28B.15.730
through 28B.15.736 (Oregon reciprocity); RCW 28B.15.750
through 28B.15.754 (Idaho reciprocity); RCW 28B.15.756
and 28B.15.758 (British Columbia reciprocity); *chapter
28B.101 RCW (educational opportunity grant); chapter
28B.102 RCW (future teachers conditional scholarship);
chapter 28B.108 RCW (American Indian endowed scholarship); chapter 28B.109 RCW (Washington international
exchange scholarship); chapter 28B.115 RCW (health professional conditional scholarship); chapter 28B.119 RCW
(Washington promise scholarship); and chapter 28B.133
RCW (gaining independence for students with dependents).
[2004 c 275 § 18; 1998 c 245 § 24; 1995 1st sp.s. c 9 § 12;
1990 c 33 § 561; 1986 c 136 § 20; 1985 c 370 § 7. Formerly
RCW 28B.80.360.]
28B.76.575
28B.76.565 Distinguished professorship trust fund
program—Trust fund established. Funds appropriated by
the legislature for the distinguished professorship program
shall be deposited in the distinguished professorship trust
fund. At the request of the higher education coordinating
board under RCW 28B.76.575, the treasurer shall release the
state matching funds to the designated institution’s local
endowment fund. No appropriation is required for expenditures from the fund. During the 2009-2011 fiscal biennium,
the legislature may transfer from the distinguished professorship trust fund to the state general fund such amounts as
reflect the excess fund balance in the account. [2010 1st sp.s.
c 37 § 915; 2009 c 564 § 1805; 2004 c 275 § 20; 1991 sp.s. c
13 § 99; 1987 c 8 § 3. Formerly RCW 28B.10.868.]
28B.76.565
Effective date—2010 1st sp.s. c 37: See note following RCW
13.06.050.
Effective date—2009 c 564: See note following RCW 2.68.020.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.76.570 Distinguished professorship trust fund
program—Guidelines—Allocation system. In consultation with the eligible institutions of higher education, the
higher education coordinating board shall set guidelines for
the program. These guidelines may include an allocation system based on factors which include but are not limited to:
The amount of money available in the trust fund; characteristics of the institutions including the size of the faculty and
student body; and the number of professorships previously
received.
Any allocation system shall be superseded by conditions
in any act of the legislature appropriating funds for this program. [1987 c 8 § 4. Formerly RCW 28B.10.869.]
28B.76.570
*Reviser’s note: Chapter 28B.101 RCW was repealed in its entirety by
2009 c 215 § 15, effective August 1, 2011.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Additional notes found at www.leg.wa.gov
28B.76.550 Distinguished professorship trust fund
program—"Private donation" defined. For the purposes
of RCW 28B.76.555 through 28B.76.590, "private donation"
includes assessments by commodity commissions authorized
to conduct research activities including but not limited to
research studies authorized under RCW 15.66.030 and
15.65.040. [2004 c 275 § 19; 1989 c 187 § 1. Formerly RCW
28B.10.859.]
28B.76.550
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.555 Distinguished professorship trust fund
program—Intent. The legislature recognizes that quality in
the state’s public four-year institutions of higher education
would be strengthened by additional partnerships between
citizens and the institutions. The legislature intends to foster
these partnerships by creating a matching grant program to
assist public four-year institutions of higher education in creating endowments for funding distinguished professorships.
[1987 c 8 § 1. Formerly RCW 28B.10.866.]
28B.76.555
Additional notes found at www.leg.wa.gov
28B.76.560 Distinguished professorship trust fund
program—Establishment—Administration. The Washington distinguished professorship trust fund program is
established.
The program shall be administered by the higher education coordinating board.
The trust fund shall be administered by the state treasurer. [1987 c 8 § 2. Formerly RCW 28B.10.867.]
28B.76.560
(2010 Ed.)
28B.76.575 Distinguished professorship trust fund
program—Matching funds—Donations or appropriations—Disbursement of funds. All state four-year institutions of higher education shall be eligible for matching trust
funds. An institution may apply to the higher education coordinating board for two hundred fifty thousand dollars from
the fund when the institution can match the state funds with
an equal amount of pledged or contributed private donations
or with funds received through legislative appropriation specifically for the G. Robert Ross distinguished faculty award
and designated as being qualified to be matched from trust
fund moneys. These donations shall be made specifically to
the professorship program, and shall be donated after July 1,
1985.
Upon an application by an institution, the board may designate two hundred fifty thousand dollars from the trust fund
for that institution’s pledged professorship. If the pledged
two hundred fifty thousand dollars is not received within
three years, the board shall make the designated funds available for another pledged professorship.
Once the private donation is received by the institution,
the higher education coordinating board shall ask the state
treasurer to release the state matching funds to a local endowment fund established by the institution for the professorship.
[1988 c 125 § 3; 1987 c 8 § 5. Formerly RCW 28B.10.870.]
28B.76.575
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 209]
28B.76.580
Title 28B RCW: Higher Education
28B.76.580
28B.76.580 Distinguished professorship trust fund
program—Name of professorship—Duties of institution—Use of endowment proceeds. The professorship is
the property of the institution and may be named in honor of
a donor, benefactor, or honoree of the institution, at the
option of the institution. Once state matching funds are
released to a local endowment fund, an institution may combine two professorships to support one professorship holder.
The institution is responsible for soliciting private donations, investing and maintaining all endowment funds,
administering the professorship, and reporting on the program to the governor and the legislature upon request. The
institution may augment the endowment fund with additional
private donations. The principal of the invested endowment
fund shall not be invaded.
The proceeds from the endowment fund may be used to
supplement the salary of the holder of the professorship, to
pay salaries for his or her assistants, and to pay expenses
associated with the holder’s scholarly work. [1989 c 187 § 2;
1987 c 8 § 6. Formerly RCW 28B.10.871.]
28B.76.610 Graduate fellowship trust fund—Matching funds. Funds appropriated by the legislature for the
graduate fellowship program shall be deposited in the graduate fellowship trust fund. At the request of the higher education coordinating board under RCW 28B.76.620, the treasurer shall release the state matching funds to the designated
institution’s local endowment fund. No appropriation is
required for expenditures from the fund. During the 20092011 fiscal biennium, the legislature may transfer from the
graduate fellowship trust fund to the state general fund such
amounts as reflect the excess fund balance in the account.
[2010 1st sp.s. c 37 § 916; 2009 c 564 § 1806; 2004 c 275 §
22; 1991 sp.s. c 13 § 88; 1987 c 147 § 3. Formerly RCW
28B.10.882.]
28B.76.610
Effective date—2010 1st sp.s. c 37: See note following RCW
13.06.050.
Effective date—2009 c 564: See note following RCW 2.68.020.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.76.615 Graduate fellowship trust fund program—Guidelines—Allocation system. In consultation
with eligible institutions of higher education, the higher education coordinating board shall set guidelines for the program. These guidelines may include an allocation system
based on factors which include but are not limited to: The
amount of money available in the trust fund; characteristics
of the institutions including the size of the faculty and student
body; and the number of fellowships previously received.
Any allocation system shall be superseded by conditions
in any legislative act appropriating funds for the program.
[1987 c 147 § 4. Formerly RCW 28B.10.883.]
28B.76.615
28B.76.585
28B.76.585 Distinguished professorship trust fund
program—Moneys not subject to collective bargaining.
Any private or public money, including all investment
income, deposited in the Washington distinguished professorship trust fund or any local endowment for professorship
programs shall not be subject to collective bargaining. [1987
c 8 § 7. Formerly RCW 28B.10.872.]
28B.76.590
28B.76.590 Distinguished professorship trust fund
program—Continuation of program established under
prior law. A distinguished professorship program established under chapter 343, Laws of 1985 shall continue to
operate under RCW 28B.76.555 through 28B.76.585 and the
requirements of RCW 28B.76.555 through 28B.76.585 shall
apply. [2004 c 275 § 21; 1987 c 8 § 8. Formerly RCW
28B.10.873.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.76.600
28B.76.600 Graduate fellowship trust fund program—Intent. The legislature recognizes that quality in the
state’s public four-year institutions of higher education
would be strengthened by additional partnerships between
citizens and the institutions. The legislature intends to foster
these partnerships by creating a matching grant program to
assist public four-year institutions of higher education in creating endowments for funding fellowships for distinguished
graduate students. [1987 c 147 § 1. Formerly RCW
28B.10.880.]
28B.76.605
28B.76.605 Graduate fellowship trust fund program—Establishment—Administration. The Washington
graduate fellowship trust fund program is established. The
program shall be administered by the higher education coordinating board. The trust fund shall be administered by the
state treasu rer . [198 7 c 14 7 § 2. For mer ly RCW
28B.10.881.]
[Title 28B RCW—page 210]
28B.76.620 Graduate fellowship trust fund program—Matching funds—Donations—Disbursement of
funds. (1) All state four-year institutions of higher education
shall be eligible for matching trust funds. Institutions may
apply to the higher education coordinating board for twentyfive thousand dollars from the fund when they can match the
state funds with equal pledged or contributed private donations. These donations shall be made specifically to the graduate fellowship program, and shall be donated after July 1,
1987.
(2) Upon an application by an institution, the board may
designate twenty-five thousand dollars from the trust fund for
that institution’s pledged graduate fellowship fund. If the
pledged twenty-five thousand dollars is not received within
two years, the board shall make the designated funds available for another pledged graduate fellowship fund.
(3) Once the private donation is received by the institution, the higher education coordinating board shall ask the
state treasurer to release the state matching funds to a local
endowment fund established by the institution for the graduate fellowships. [1987 c 147 § 5. Formerly RCW
28B.10.884.]
28B.76.620
28B.76.625 Graduate fellowship trust fund program—Name of fellowship—Duties of institution—Use of
endowment proceeds. (1) The fellowship is the property of
the institution and may be named in honor of a donor, bene28B.76.625
(2010 Ed.)
Higher Education Coordinating Board
factor, or honoree of the institution, at the option of the institution.
(2) The institution is responsible for soliciting private
donations, investing and maintaining all endowment funds,
administering the fellowship, and reporting on the program to
the governor and the legislature upon request. The institution
may augment the endowment fund with additional private
donations. The principal of the invested endowment fund
shall not be invaded.
(3) The proceeds from the endowment fund may be used
to provide fellowship stipends to be used by the recipient for
such things as tuition and fees, subsistence, research
expenses, and other educationally related costs. [1987 c 147
§ 6. Formerly RCW 28B.10.885.]
28B.76.630 Graduate fellowship trust fund program—Moneys not subject to collective bargaining. Any
private or public money, including all investment income,
deposited in the Washington graduate fellowship trust fund
or any local endowment for fellowship programs shall not be
subject to collective bargaining. [1987 c 147 § 7. Formerly
RCW 28B.10.886.]
28B.76.630
28B.76.640 Board to coordinate state participation
within student exchange compact programs—Designate
certifying officer. The board is hereby specifically directed
to develop such state plans as are necessary to coordinate the
state of Washington’s participation within the student
exchange compact programs under the auspices of the Western Interstate Commission for Higher Education, as provided
by chapter 28B.70 RCW. In addition to establishing such
plans the board shall designate the state certifying officer for
student programs. [1985 c 370 § 17; 1974 ex.s. c 4 § 3. Formerly RCW 28B.80.150.]
28B.76.640
Additional notes found at www.leg.wa.gov
28B.76.645 Board to coordinate state participation
within student exchange compact programs—Criteria—
Washington interstate commission on higher education
professional student exchange program trust fund. In the
development of any such plans as called for within RCW
28B.76.640, the board shall use at least the following criteria:
(1) Students who are eligible to attend compact-authorized programs in other states shall meet the Washington residency requirements of chapter 28B.15 RCW prior to being
awarded tuition assistance.
(2) For recipients named after January 1, 1995, the
tuition assistance shall be in the form of loans that may be
completely forgiven in exchange for the student’s service
within the state of Washington after graduation. The requirements for such service and provisions for loan forgiveness
shall be determined in rules adopted by the board.
(3) If appropriations are insufficient to fund all students
qualifying under subsection (1) of this section, then the plans
shall include criteria for student selection that would be in the
best interest in meeting the state’s educational needs, as well
as recognizing the financial needs of students.
(4) Receipts from the payment of principal or interest or
any other subsidies to which the board as administrator is
entitled, that are paid by or on behalf of participants under
28B.76.645
(2010 Ed.)
28B.76.660
this section, shall be deposited with the board and placed in
an account created in this section and shall be used to cover
the costs of granting the scholarships, maintaining necessary
records, and making collections. The board shall maintain
accurate records of these costs, and all receipts beyond those
necessary to pay such costs shall be used to grant conditional
loans to eligible students.
(5) The Washington interstate commission on higher
education professional student exchange program trust fund
is created in the custody of the state treasurer. All receipts
from loan repayment shall be deposited into the fund. Only
the higher education coordinating board, or its designee, may
authorize expenditures from the fund. No appropriation is
required for expenditures from this fund. [2004 c 275 § 23;
1995 c 217 § 1; 1985 c 370 § 18; 1974 ex.s. c 4 § 4. Formerly
RCW 28B.80.160.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.76.650 Board to coordinate state participation
within student exchange compact programs—Advice to
governor, legislature. The board shall periodically advise
the governor and the legislature of the policy implications of
the state of Washington’s participation in the Western Interstate Commission for Higher Education student exchange
programs as they affect long-range planning for post-secondary education, together with recommendations on the most
efficient way to provide high cost or special educational programs to Washington residents. [1985 c 370 § 19; 1974 ex.s.
c 4 § 5. Formerly RCW 28B.80.170.]
28B.76.650
Additional notes found at www.leg.wa.gov
28B.76.660 Washington scholars award and Washington scholars-alternate award. (1) Recipients of the
Washington scholars award or the Washington scholarsaltern ate award und er R CW 28 A.60 0.100 th ro ugh
28A.600.150 who choose to attend an independent college or
university in this state, as defined in subsection (4) of this
section, and recipients of the award named after June 30,
1994, who choose to attend a public college or university in
the state may receive grants under this section if moneys are
available. The higher education coordinating board shall distribute grants to eligible students under this section from
moneys appropriated for this purpose. The individual grants
shall not exceed, on a yearly basis, the yearly, full-time, resident, undergraduate tuition and service and activities fees in
effect at the state-funded research universities. Grants to
recipients attending an independent institution shall be contingent upon the institution matching on at least a dollar-fordollar basis, either with actual money or by a waiver of fees,
the amount of the grant received by the student from the state.
The higher education coordinating board shall establish procedures, by rule, to disburse the awards as direct grants to the
students.
(2) The higher education coordinating board shall establish rules that provide for the annual awarding of grants, if
moneys are available, to three Washington scholars per legislative district except for fiscal year 2007 when no more than
two scholars per district shall be selected; and, if not used by
28B.76.660
[Title 28B RCW—page 211]
28B.76.665
Title 28B RCW: Higher Education
an original recipient, to the Washington scholars-alternate
from the same legislative district.
Beginning with scholars selected in the year 2000, if the
recipients of grants fail to demonstrate in a timely manner
that they will enroll in a Washington institution of higher
education in the fall term of the academic year following the
award of the grant or are deemed by the higher education
coordinating board to have withdrawn from college during
the first academic year following the award, then the grant
shall be considered relinquished. The higher education coordinating board may then award any remaining grant amounts
to the Washington scholars-alternate from the same legislative district if the grants are awarded within one calendar year
of the recipient being named a Washington scholars-alternate. Washington scholars-alternates named as recipients of
the grant must also demonstrate in a timely manner that they
will enroll in a Washington institution of higher education
during the next available term, as determined by the higher
education coordinating board. The board may accept appeals
and grant waivers to the enrollment requirements of this section based on exceptional mitigating circumstances of individual grant recipients.
To maintain eligibility for the grants, recipients must
maintain a minimum grade point average at the college or
university equivalent to 3.30. Students shall be eligible to
receive a maximum of twelve quarters or eight semesters of
grants for undergraduate study and may transfer among instate public and independent colleges and universities during
that period and continue to receive the grant as provided
under RCW 28B.76.665. If the student’s cumulative grade
point average falls below 3.30 during the first three quarters
or two semesters, that student may petition the higher education coordinating board which shall have the authority to
establish a probationary period until such time as the student’s grade point average meets required standards.
(3) No grant shall be awarded to any student who is pursuing a degree in theology.
(4) As used in this section, "independent college or university" means a private, nonprofit educational institution,
the main campus of which is permanently situated in the
state, open to residents of the state, providing programs of
education beyond the high school level leading at least to the
baccalaureate degree, and accredited by the northwest association of schools and colleges as of June 9, 1988, and other
institutions as may be developed that are approved by the
higher education coordinating board as meeting equivalent
standards as those institutions accredited under this section.
(5) As used in this section, "public college or university"
means an institution of higher education as defined in RCW
28B.10.016. [2005 c 518 § 917; 2004 c 275 § 24; 1999 c 159
§ 3; 1995 1st sp.s. c 5 § 3; 1990 c 33 § 560; 1988 c 210 § 1.
Formerly RCW 28B.80.245.]
Severability—Effective date—2005 c 518: See notes following RCW
28A.500.030.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
F ind ing s— Inte nt— 19 99 c 15 9: See n ot e fol l ow i ng RC W
28A.600.150.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 212]
28B.76.665 Washington scholars award waivers or
grants—Transfers between colleges and universities. Students receiving grants under RCW 28B.76.660 or waivers
under RCW 28B.15.543 are entitled to transfer among instate public and independent colleges or universities and to
continue to receive award benefits, as provided in this section, in the form of a grant or waiver of tuition and services
and activities fees while enrolled at such institutions during
the period of eligibility. The total grants or waivers for any
one student shall not exceed twelve quarters or eight semesters of undergraduate study.
(1) Scholars named to the award on or before June 30,
1994, may transfer between in-state public institutions, or
from an eligible independent college or university to an instate public institution of higher education, and are entitled to
receive the waiver of tuition and services and activities fees.
(2) Scholars named to the award on or before June 30,
1994, may transfer from an in-state public institution to an
eligible independent college or university, or between eligible independent colleges or universities, and continue to
receive a grant contingent upon available funding.
(3) Scholars named to the award after June 30, 1994,
may transfer among in-state public or private colleges and
universities and continue to receive the grant contingent upon
available funding.
(4) In addition, scholars who transfer to an eligible independent institution may receive the grant contingent upon the
agreement of the school to match on at least a dollar-for-dollar basis, either with actual money or by a waiver of fees, the
amount of the grant received by the student from the state.
[2004 c 275 § 25; 1995 1st sp.s. c 5 § 4; 1988 c 210 § 2. Formerly RCW 28B.80.246.]
28B.76.665
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28B.76.670 Washington award for vocational excellence—Grants—Definitions. (1) Recipients of the Washington award for vocational excellence under RCW
28C.04.520 through 28C.04.550, who receive the award after
June 30, 1994, may receive a grant, if funds are available.
The grant shall be used to attend a postsecondary institution
located in the state of Washington. Recipients may attend an
institution of higher education as defined in RCW
28B.10.016, or an independent college or university, or a
licensed private vocational school. The higher education
coordinating board shall distribute grants to eligible students
under this section from moneys appropriated for this purpose.
The individual grants shall not exceed, on a yearly basis, the
yearly, full-time, resident, undergraduate tuition and service
and activities fees in effect at the state-funded research universities. In consultation with the workforce training and education coordinating board, the higher education coordinating
board shall establish procedures, by rule, to disburse the
awards as direct grants to the students.
(2) To qualify for the grant, recipients shall enter the
postsecondary institution within three years of high school
graduation and maintain a minimum grade point average at
the institution equivalent to 3.00, or, at a technical college, an
above average rating. Students shall be eligible to receive a
maximum of two years of grants for undergraduate study and
28B.76.670
(2010 Ed.)
Degree-Granting Institutions
may transfer among in-state eligible postsecondary institutions during that period and continue to receive the grant.
(3) No grant may be awarded to any student who is pursuing a degree in theology.
(4) As used in this section, "independent college or university" means a private, nonprofit educational institution,
the main campus of which is permanently situated in the
state, open to residents of the state, providing programs of
education beyond the high school level leading at least to the
baccalaureate degree, and accredited by the Northwest association of schools and colleges as of June 9, 1988, and other
institutions as may be developed that are approved by the
higher education coordinating board as meeting equivalent
standards as those institutions accredited under this section.
(5) As used in this section, "licensed private vocational
school" means a private postsecondary institution, located in
the state, licensed by the workforce training and education
coordinating board under chapter 28C.10 RCW, and offering
postsecondary education in order to prepare persons for a
vocation or profession, as defined in RCW 28C.10.020(7).
[1995 1st sp.s. c 7 § 8. Formerly RCW 28B.80.272.]
Additional notes found at www.leg.wa.gov
28B.76.680 Border county higher education opportunity project—Findings—Intent. (1) The legislature finds
that certain tuition policies in Oregon state are more responsive to the needs of students living in economic regions that
cross the state border than the Washington state policies.
Under Oregon policy, students who are Washington residents
may enroll at Portland State University for eight credits or
less and pay the same tuition as Oregon residents. Further,
the state of Oregon passed legislation in 1997 to begin providing to its community colleges the same level of state funding for students residing in bordering states as students residing in Oregon.
(2) The legislature intends to build on the recent Oregon
initiatives regarding tuition policy for students in bordering
states and to facilitate regional planning for higher education
delivery by creating a project on resident tuition rates in
Washington counties that border Oregon state. [2003 c 159 §
1; 2002 c 130 § 1; 1999 c 320 § 1. Formerly RCW
28B.80.805.]
28B.76.680
28B.76.685 Border county higher education opportunity project—Created. (1)(a) The border county higher
education opportunity project is created. The purpose of the
project is to allow Washington institutions of higher education that are located in counties on the Oregon border to
implement tuition policies that correspond to Oregon policies. Under the border county project, Columbia Basin Community College, Clark College, Lower Columbia Community
College, Grays Harbor Community College, and Walla Walla
Community College may enroll students who reside in the
bordering Oregon counties of Columbia, Gilliam, Hood
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman,
Umatilla, Union, Wallowa, Wasco, and Washington at resident tuition rates.
(b) The Tri-Cities and Vancouver branches of Washington State University may enroll students who reside in the
bordering Oregon counties of Columbia, Multnomah, Clat28B.76.685
(2010 Ed.)
Chapter 28B.85
sop, Clackamas, Morrow, Umatilla, Union, Wallowa, and
Washington for eight credits or less at resident tuition rates.
(2) Columbia Basin Community College, Clark College,
Lower Columbia Community College, Grays Harbor Community College, and Walla Walla Community College may
enroll students at resident tuition rates who:
(a) Are currently domiciled in Washington;
(b) Relocated to Washington from one of the thirteen
counties identified in subsection (1)(a) of this section within
the previous twelve months; and
(c) Were domiciled in one of the thirteen counties identified in subsection (1)(a) of this section for at least ninety days
immediately before relocating to Washington.
(3) The Tri-Cities and Vancouver branches of Washington State University may enroll students for eight credits or
less at resident tuition rates who:
(a) Are currently domiciled in Washington;
(b) Relocated to Washington from one of the nine counties identified in subsection (1)(b) of this section within the
previous twelve months; and
(c) Were domiciled in one of the nine counties identified
in subsection (1)(b) of this section for at least ninety days
immediately before relocating to Washington.
(4) Washington institutions of higher education participating in the project shall give priority program enrollment to
Washington residents. [2009 c 158 § 1; 2003 c 159 § 2; 2002
c 130 § 2; 2000 c 160 § 3; 1999 c 320 § 2. Formerly RCW
28B.80.806.]
Resident tuition rates—Border county higher education opportunity project:
RCW 28B.15.0139.
28B.76.690 Border county higher education opportunity project—Administration. The higher education coordinating board shall administer Washington’s participation in
the border county higher education opportunity project.
[2003 c 159 § 3; 2002 c 130 § 4; 1999 c 320 § 3. Formerly
RCW 28B.80.807.]
28B.76.690
Chapter 28B.85
Chapter 28B.85 RCW
DEGREE-GRANTING INSTITUTIONS
Sections
28B.85.010 Definitions.
28B.85.020 Board’s duties—Rules—Investigations—Interagency agreements for degree and nondegree programs—Information on
institutions offering substandard or fraudulent degree programs—Financial disclosure exempt from public disclosure.
28B.85.030 Current authorization required to offer or grant degree—Penalty for violation.
28B.85.040 Completion of program of study prerequisite to degree—
Application of chapter.
28B.85.045 Institutions offering teacher preparation programs—Exploration of methods to enhance awareness of teacher preparation
programs.
28B.85.050 Board may require information.
28B.85.060 Fees.
28B.85.070 Surety bonds—Security in lieu of bond—Cancellation of
bond—Notice—Claims.
28B.85.080 Suspension or modification of requirements authorized.
28B.85.090 Claims—Complaints—Investigations—Hearings—Orders.
28B.85.100 Violations—Civil penalties.
28B.85.120 Actions resulting in jurisdiction of courts.
28B.85.130 Educational records—Permanent file—Protection.
28B.85.140 Contracts voidable—When.
28B.85.150 Enforceability of debts—Authority to offer degree required.
28B.85.160 Actions to enforce chapter—Who may bring—Relief.
28B.85.170 Injunctive relief—Board may seek.
[Title 28B RCW—page 213]
28B.85.010
Title 28B RCW: Higher Education
28B.85.180 Violation of chapter unfair or deceptive practice under RCW
19.86.020.
28B.85.190 Remedies and penalties in chapter nonexclusive and cumulative.
28B.85.220 False academic credentials—Unlawful acts—Violation of
consumer protection act—Venue.
28B.85.900 Severability—1986 c 136.
28B.85.902 Effective date—1986 c 136.
28B.85.905 Validity of registration under prior laws.
28B.85.906 Application of chapter to foreign degree-granting institution
branch campuses.
28B.85.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Board" means the higher education coordinating
board.
(2) "Degree" means any designation, appellation, letters,
or words including but not limited to "associate," "bachelor,"
"master," "doctor," or "fellow" which signify or purport to
signify satisfactory completion of the requirements of an academic program of study beyond the secondary school level.
(3) "Degree-granting institution" means an entity that
offers educational credentials, instruction, or services prerequisite to or indicative of an academic or professional degree
beyond the secondary level. [1986 c 136 § 1.]
28B.85.010
28B.85.020 Board’s duties—Rules—Investigations—
Interagency agreements for degree and nondegree programs—Information on institutions offering substandard
or fraudulent degree programs—Financial disclosure
exempt from public disclosure. (1) The board:
(a) Shall adopt by rule, in accordance with chapter 34.05
RCW, minimum standards for degree-granting institutions
concerning granting of degrees, quality of education, unfair
business practices, financial stability, and other necessary
measures to protect citizens of this state against substandard,
fraudulent, or deceptive practices. The rules shall require that
an institution operating in Washington:
(i) Be accredited;
(ii) Have applied for accreditation and such application
is pending before the accrediting agency;
(iii) Have been granted a waiver by the board waiving
the requirement of accreditation; or
(iv) Have been granted an exemption by the board from
the requirements of this subsection (1)(a);
(b) May investigate any entity the board reasonably
believes to be subject to the jurisdiction of this chapter. In
connection with the investigation, the board may administer
oaths and affirmations, issue subpoenas and compel attendance, take evidence, and require the production of any
books, papers, correspondence, memorandums, or other
records which the board deems relevant or material to the
investigation. The board, including its staff and any other
authorized persons, may conduct site inspections, the cost of
which shall be borne by the institution, and examine records
of all institutions subject to this chapter;
(c) Shall develop an interagency agreement with the
workforce training and education coordinating board to regulate degree-granting private vocational schools with respect
to degree and nondegree programs; and
(d) Shall develop and disseminate information to the
public about entities that sell or award degrees without
requiring appropriate academic achievement at the postsec28B.85.020
[Title 28B RCW—page 214]
ondary level, including but not limited to, a description of the
substandard and potentially fraudulent practices of these entities, and advice about how the public can recognize and avoid
the entities. To the extent feasible, the information shall
include links to additional resources that may assist the public in identifying specific institutions offering substandard or
fraudulent degree programs.
(2) Financial disclosures provided to the board by
degree-granting private vocational schools are not subject to
public disclosure under chapter 42.56 RCW. [2006 c 234 § 3;
2005 c 274 § 246; 2004 c 96 § 1; 1996 c 305 § 1; 1994 c 38 §
1; 1986 c 136 § 2.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Additional notes found at www.leg.wa.gov
28B.85.030 Current authorization required to offer
or grant degree—Penalty for violation. (1) A degreegranting institution shall not operate and shall not grant or
offer to grant any degree unless the institution has obtained
current authorization from the board.
(2) Any person, group, or entity or any owner, officer,
agent, or employee of such entity who willfully violates this
section is guilty of a gross misdemeanor and shall be punished by a fine not to exceed one thousand dollars or by
imprisonment in the county jail for a term not to exceed one
year, or by both such fine and imprisonment. Each day on
which a violation occurs constitutes a separate violation. The
criminal sanctions may be imposed by a court of competent
jurisdiction in an action brought by the attorney general of
this state. [2003 c 53 § 175; 1986 c 136 § 3.]
28B.85.030
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28B.85.040 Completion of program of study prerequisite to degree—Application of chapter. (1) An institution
or person shall not advertise, offer, sell, or award a degree or
any other type of educational credential unless the student
has enrolled in and successfully completed a prescribed program of study, as outlined in the institution’s publications.
This prohibition shall not apply to honorary credentials
clearly designated as such on the front side of the diploma or
certificate and awarded by institutions offering other educational credentials in compliance with state law.
(2) No exemption or waiver granted under this chapter is
permanent. The board shall periodically review exempted
degree-granting institutions and degree-granting institutions
granted a waiver, and continue exemptions or waivers only if
an institution meets the statutory or board requirements for
exemption or waiver in effect on the date of the review.
(3) Except as provided in subsection (1) of this section,
this chapter shall not apply to:
(a) Any public college, university, community college,
technical college, or institute operating as part of the public
higher educational system of this state;
(b) Institutions that have been accredited by an accrediting association recognized by the agency for the purposes of
this chapter: PROVIDED, That those institutions meet minimum exemption standards adopted by the agency; and PROVIDED FURTHER, That an institution, branch, extension, or
facility operating within the state of Washington which is
28B.85.040
(2010 Ed.)
Degree-Granting Institutions
affiliated with an institution operating in another state must
be a separately accredited member institution of any such
accrediting association to qualify for this exemption;
(c) Institutions of a religious character, but only as to
those education programs devoted exclusively to religious or
theological objectives if the programs are represented in an
accurate manner in institutional catalogs and other official
publications;
(d) Honorary credentials clearly designated as such on
the front side of the diploma or certificate awarded by institutions offering other educational credentials in compliance
with state law; or
(e) Institutions not otherwise exempt which offer only
workshops or seminars and institutions offering only creditbearing workshops or seminars lasting no longer than three
calendar days. [2006 c 234 § 4; 2004 c 96 § 2; 1996 c 97 § 1;
1994 c 38 § 2; 1986 c 136 § 4.]
28B.85.045 Institutions offering teacher preparation
programs—Exploration of methods to enhance awareness of teacher preparation programs. See RCW
28B.10.032.
28B.85.045
28B.85.050 Board may require information. All
degree-granting institutions subject to this chapter shall file
information with the board as the board may require. [1986 c
136 § 5.]
28B.85.050
28B.85.060 Fees. The board shall impose fees on any
degree-granting institution authorized to operate under this
chapter. Fees shall be set and revised by the board by rule at
the level necessary to approximately recover the staffing
costs incurred in administering this chapter. Fees shall be
deposited in the general fund. [1986 c 136 § 6.]
28B.85.060
28B.85.070 Surety bonds—Security in lieu of bond—
Cancellation of bond—Notice—Claims. (1) The board
may require any degree-granting institution to have on file
with the board an approved surety bond or other security in
lieu of a bond in an amount determined by the board.
(2) In lieu of a surety bond, an institution may deposit
with the board a cash deposit or other negotiable security
acceptable to the board. The security deposited with the
board in lieu of the surety bond shall be returned to the institution one year after the institution’s authorization has
expired or been revoked if legal action has not been instituted
against the institution or the security deposit at the expiration
of the year. The obligations and remedies relating to surety
bonds authorized by this section, including but not limited to
the settlement of claims procedure in subsection (5) of this
section, shall apply to deposits filed with the board, as applicable.
(3) Each bond shall:
(a) Be executed by the institution as principal and by a
corporate surety licensed to do business in the state;
(b) Be payable to the state for the benefit and protection
of any student or enrollee of an institution, or, in the case of a
minor, his or her parents or guardian;
(c) Be conditioned on compliance with all provisions of
this chapter and the board’s rules adopted under this chapter;
28B.85.070
(2010 Ed.)
28B.85.080
(d) Require the surety to give written notice to the board
at least thirty-five days before cancellation of the bond; and
(e) Remain in effect for one year following the effective
date of its cancellation or termination as to any obligation
occurring on or before the effective date of cancellation or
termination.
(4) Upon receiving notice of a bond cancellation, the
board shall notify the institution that the authorization will be
suspended on the effective date of the bond cancellation
unless the institution files with the board another approved
surety bond or other security. The board may suspend or
revoke the authorization at an earlier date if it has reason to
believe that such action will prevent students from losing
their tuition or fees.
(5) If a complaint is filed under RCW 28B.85.090(1)
against an institution, the board may file a claim against the
surety and settle claims against the surety by following the
procedure in this subsection.
(a) The board shall attempt to notify all potential claimants. If the absence of records or other circumstances makes
it impossible or unreasonable for the board to ascertain the
names and addresses of all the claimants, the board after
exerting due diligence and making reasonable inquiry to
secure that information from all reasonable and available
sources, may make a demand on a bond on the basis of information in the board’s possession. The board is not liable or
responsible for claims or the handling of claims that may subsequently appear or be discovered.
(b) Thirty days after notification, if a claimant fails,
refuses, or neglects to file with the board a verified claim, the
board shall be relieved of further duty or action under this
chapter on behalf of the claimant.
(c) After reviewing the claims, the board may make
demands upon the bond on behalf of those claimants whose
claims have been filed. The board may settle or compromise
the claims with the surety and may execute and deliver a
release and discharge of the bond.
(d) If the surety refuses to pay the demand, the board
may bring an action on the bond in behalf of the claimants. If
an action is commenced on the bond, the board may require a
new bond to be filed.
(e) Within ten days after a recovery on a bond or other
posted security has occurred, the institution shall file a new
bond or otherwise restore its security on file to the required
amount.
(6) The liability of the surety shall not exceed the amount
of the bond. [1986 c 136 § 7.]
28B.85.080
28B.85.080 Suspension or modification of requirements authorized. The board may suspend or modify any of
the requirements under this chapter in a particular case if the
board finds that:
(1) The suspension or modification is consistent with the
purposes of this chapter; and
(2) The education to be offered addresses a substantial,
demonstrated need among residents of the state or that literal
application of this chapter would cause a manifestly unreasonable hardship. [1986 c 136 § 8.]
[Title 28B RCW—page 215]
28B.85.090
Title 28B RCW: Higher Education
28B.85.090 Claims—Complaints—Investigations—
Hearings—Orders. (1) A person claiming loss of tuition or
fees as a result of an unfair business practice may file a complaint with the board. The complaint shall set forth the
alleged violation and shall contain information required by
the board. A complaint may also be filed with the board by an
authorized staff member of the board or by the attorney general.
(2) The board shall investigate any complaint under this
section and may attempt to bring about a settlement. The
board may hold a hearing pursuant to the Administrative Procedure Act, chapter 34.05 RCW, in order to determine
whether a violation has occurred. If the board prevails, the
degree-granting institution shall pay the costs of the administrative hearing.
(3) If, after the hearing, the board finds that the institution or its agent engaged in or is engaging in any unfair business practice, the board shall issue and cause to be served
upon the violator an order requiring the violator to cease and
desist from the act or practice and may impose the penalties
under RCW 28B.85.100. If the board finds that the complainant has suffered loss as a result of the act or practice, the
board may order full or partial restitution for the loss. The
complainant is not bound by the board’s determination of restitution and may pursue any other legal remedy. [1989 c 175
§ 82; 1986 c 136 § 9.]
28B.85.090
Additional notes found at www.leg.wa.gov
28B.85.100 Violations—Civil penalties. Any person,
group, or entity or any owner, officer, agent, or employee of
such entity who wilfully violates any provision of this chapter or the rules adopted under this chapter shall be subject to
a civil penalty of not more than one hundred dollars for each
violation. Each day on which a violation occurs constitutes a
separate violation. The fine may be imposed by the higher
education coordinating board or by any court of competent
jurisdiction. [1986 c 136 § 10.]
28B.85.100
28B.85.120 Actions resulting in jurisdiction of
courts. A degree-granting institution, whether located in this
state or outside of this state, that conducts business of any
kind, makes any offers, advertises, solicits, or enters into any
contracts in this state or with a resident of this state is subject
to the jurisdiction of the courts of this state for any cause of
action arising from the acts. [1986 c 136 § 12.]
28B.85.120
28B.85.130 Educational records—Permanent file—
Protection. If any degree-granting institution discontinues
its operation, the chief administrative officer of the institution
shall file with the board the original or legible true copies of
all educational records required by the board. If the board
determines that any educational records are in danger of
being made unavailable to the board, the board may seek a
court order to protect and if necessary take possession of the
records. The board shall cause to be maintained a permanent
file of educational records coming into its possession. [1986
c 136 § 13.]
28B.85.130
28B.85.140 Contracts voidable—When. If a student
or prospective student is a resident of this state at the time any
28B.85.140
[Title 28B RCW—page 216]
contract relating to payment for education or any note, instrument, or other evidence of indebtedness relating thereto is
entered into, RCW 28B.85.150 shall govern the rights of the
parties to the contract or evidence of indebtedness. If a contract or evidence of indebtedness contains any of the following agreements, the contract is voidable at the option of the
student or prospective student:
(1) That the law of another state shall apply;
(2) That the maker or any person liable on the contract or
evidence of indebtedness consents to the jurisdiction of
another state;
(3) That another person is authorized to confess judgment on the contract or evidence of indebtedness; or
(4) That fixes venue. [1986 c 136 § 14.]
28B.85.150 Enforceability of debts—Authority to
offer degree required. A note, instrument, or other evidence
of indebtedness or contract relating to payment for education
for a degree is not enforceable in the courts of this state by a
degree-granting institution or holder of the instrument unless
the institution was authorized to offer the degree under this
chapter at the time the note, instrument, or other evidence of
indebtedness or contract was entered into. [1986 c 136 § 15.]
28B.85.150
28B.85.160 Actions to enforce chapter—Who may
bring—Relief. The attorney general or the prosecuting attorney of any county in which a degree-granting institution or
agent of the institution is found may bring an action in any
court of competent jurisdiction for the enforcement of this
chapter. The court may issue an injunction or grant any other
appropriate form of relief. [1986 c 136 § 16.]
28B.85.160
28B.85.170 Injunctive relief—Board may seek. The
board may seek injunctive relief, after giving notice to the
affected party, in a court of competent jurisdiction for a violation of this chapter or the rules adopted under this chapter.
The board need not allege or prove that the board has no adequate remedy at law. The right of injunction provided in this
section is in addition to any other legal remedy which the
board has and is in addition to any right of criminal prosecution provided by law. The existence of board action with
respect to alleged violations of this chapter and rules adopted
under this chapter does not operate as a bar to an action for
injunctive relief under this section. [1986 c 136 § 17.]
28B.85.170
28B.85.180 Violation of chapter unfair or deceptive
practice under RCW 19.86.020. A violation of this chapter
or the rules adopted under this chapter affects the public
interest and is an unfair or deceptive act or practice in violation of RCW 19.86.020 of the consumer protection act. The
remedies and sanctions provided by this section shall not preclude application of other remedies and sanctions. [1986 c
136 § 18.]
28B.85.180
28B.85.190 Remedies and penalties in chapter nonexclusive and cumulative. The remedies and penalties provided for in this chapter are nonexclusive and cumulative and
do not affect any other actions or proceedings. [1986 c 136 §
19.]
28B.85.190
(2010 Ed.)
Foreign Degree-Granting Branch Campuses
28B.85.220 False academic credentials—Unlawful
acts—Violation of consumer protection act—Venue. (1)
It is unlawful for a person to:
(a) Grant or award a false academic credential or offer to
grant or award a false academic credential in violation of this
section;
(b) Represent that a credit earned or granted by the person, in violation of this section, can be applied toward a credential offered by another person; or
(c) Solicit another person to seek a credential or to earn a
credit that is offered in violation of this section.
(2) The definitions in RCW 9A.60.070 apply to this section.
(3) A violation of this section constitutes an unfair or
deceptive act or practice in the conduct of trade or commerce
under chapter 19.86 RCW.
(4) In addition to any other venue authorized by law,
venue for the prosecution of an offense under this section is
in the county in which an element of the offense occurs.
[2006 c 234 § 1.]
28B.85.220
28B.85.900 Severability—1986 c 136. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 136 § 21.]
28B.85.900
28B.85.902 Effective date—1986 c 136. This act shall
take effect July 1, 1986. [1986 c 136 § 24.]
28B.85.902
28B.85.905 Validity of registration under prior laws.
A degree-granting institution registered under chapter 188,
Laws of 1979, as amended, as of June 30, 1986, is not
required to apply for authorization under chapter 28B.85
RCW until the expiration date of such registration. [1986 c
136 § 22.]
28B.85.905
28B.85.906 Application of chapter to foreign degreegranting institution branch campuses. This chapter shall
not apply to any approved branch campus of a foreign
degree-granting institution in compliance with chapter
28B.90 RCW. [1993 c 181 § 7.]
28B.85.906
Chapter 28B.90
Chapter 28B.90 RCW
FOREIGN DEGREE-GRANTING
BRANCH CAMPUSES
Sections
28B.90.005 Findings.
28B.90.010 Definitions.
28B.90.020 Approval of foreign degree-granting institution as branch campus.
28B.90.030 Branch campuses exempt under chapter 28B.85 RCW.
28B.90.005 Findings. The legislature finds that it has
previously declared in *RCW 28B.107.005 that it is important to the economic future of the state to promote international awareness and understanding, and in RCW 1.20.100,
that the state’s economy and economic well-being depends
heavily on foreign trade and international exchange.
28B.90.005
(2010 Ed.)
28B.90.010
The legislature finds that it is appropriate that such policies should be implemented by encouraging universities and
colleges domiciled in foreign countries to establish branch
campuses in Washington and that it is also important to those
foreign colleges and universities that their status as authorized foreign degree-granting institutions be recognized by
this state to facilitate the establishment and operation of such
branch campuses.
In the furtherance of such policy, the legislature adopts
the foreign degree-granting institution approved branch campus act. [1995 c 335 § 404; 1993 c 181 § 1.]
*Reviser’s note: RCW 28B.107.005 expired June 30, 1996, pursuant to
1990 c 243 § 8.
Additional notes found at www.leg.wa.gov
28B.90.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Degree" means any designation, appellation, certificate, letters or words including, but not limited to, "associate," "bachelor," "masters," "doctorate," or "fellow" that signifies, or purports to signify, satisfactory and successful completion of requirements of a postsecondary academic
program of study.
(2) "Foreign degree-granting institution" means a public
or private college or university, either profit or nonprofit:
(a) That is domiciled in a foreign country;
(b) That offers in its country of domicile credentials,
instruction, or services prerequisite to the obtaining of an academic or professional degree granted by such college or university; and
(c) That is authorized under the laws or regulations of its
country of domicile to operate a degree-granting institution in
that country.
(3) "Approved branch campus" means a foreign degreegranting institution’s branch campus that has been approved
by the higher education coordinating board to operate in the
state.
(4) "Branch campus" means an educational facility
located in the state that:
(a) Is either owned and operated directly by a foreign
degree-granting institution or indirectly through a Washington profit or nonprofit corporation in which the foreign
degree-granting institution is the sole or controlling shareholder or member; and
(b) Provides courses solely and exclusively to students
enrolled in a degree-granting program offered by the foreign
degree-granting institution who:
(i) Have received academic credit for courses of study
completed at the foreign degree-granting institution in its
country of domicile;
(ii) Will receive academic credit towards their degree
from the foreign degree-granting institution for the courses of
study completed at the educational facility in the state; and
(iii) Will return to the foreign degree-granting institution
in its country of domicile for completion of their degreegranting program or receipt of their degree.
(5) "Board" means the higher education coordinating
board. [1993 c 181 § 2.]
28B.90.010
[Title 28B RCW—page 217]
28B.90.020
Title 28B RCW: Higher Education
28B.90.020 Approval of foreign degree-granting
institution as branch campus. A foreign degree-granting
institution that submits evidence satisfactory to the board of
its authorized status in its country of domicile and its intent to
establish an educational facility in the state is entitled to operate a branch campus as defined in RCW 28B.90.010. Upon
receipt of the satisfactory evidence, the board may certify that
the branch campus of the foreign degree-granting institution
is approved to operate in the state under this chapter, for as
long as the foreign degree-granting institution retains its
authorized status in its country of domicile. [1999 c 85 § 1;
1993 c 181 § 3.]
28B.90.020
28B.90.030 Branch campuses exempt under chapter
28B.85 RCW. A branch campus of a foreign degree-granting institution previously found by the board to be exempt
from chapter 28B.85 RCW may continue to operate in the
state. However, within one year of July 25, 1993, the institution shall provide evidence of authorization as required under
RCW 28B.90.020. Upon receipt of the satisfactory evidence,
the board shall certify that the branch campus of the foreign
degree-granting institution is approved to operate in the state
under this chapter. [1993 c 181 § 4.]
28B.90.030
Chapter 28B.92 RCW
STATE STUDENT FINANCIAL AID PROGRAMS
Chapter 28B.92
Sections
28B.92.010
28B.92.020
28B.92.030
28B.92.040
28B.92.050
28B.92.060
28B.92.070
28B.92.080
28B.92.082
28B.92.084
28B.92.085
28B.92.086
28B.92.090
28B.92.100
28B.92.110
28B.92.120
28B.92.130
28B.92.140
28B.92.150
State need grant program established—Purpose.
State need grant program—Findings—Intent.
Definitions.
Board, guidelines in performance of duties.
Powers and duties of board.
State need grant awards.
Persian Gulf veterans—Limited application of RCW
28B.92.060.
Eligibility for state need grant.
Enhanced need grants—Eligibility.
Eligibility of opportunity internship graduates.
Part-time students—Review of financial aid policies and procedures.
Dual credit programs—Review of financial aid policies and
programs.
Aid granted without regard to applicant’s race, creed, color,
religion, sex, or ancestry.
Theology student denied aid.
Application of award.
Board to determine how funds disbursed.
Grants, gifts, bequests and devises of property.
State educational trust fund—Deposits—Expenditures.
Board rules.
28B.92.010 State need grant program established—
Purpose. The purposes of this chapter are to establish the
principles upon which the state financial aid programs will be
based and to establish the state of Washington state need
grant program, thus assisting financially needy or disadvantaged students domiciled in Washington to obtain the opportunity of attending an accredited institution of higher education. State need grants under this chapter are available only
to students who are resident students as defined in RCW
28B.15.012(2) (a) through (d). [2004 c 275 § 34; 1999 c 345
§ 2; 1993 sp.s. c 18 § 2; 1969 ex.s. c 222 § 7. Formerly RCW
28B.10.800, 28.76.430.]
28B.92.010
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
[Title 28B RCW—page 218]
State educational trust fund—Established—Deposits—Use: RCW
28B.92.140.
Additional notes found at www.leg.wa.gov
28B.92.020 State need grant program—Findings—
Intent. (1) The legislature finds that the higher education
coordinating board, in consultation with the higher education
community, has completed a review of the state need grant
program. It is the intent of the legislature to endorse the
board’s proposed changes to the state need grant program,
including:
(a) Reaffirmation that the primary purpose of the state
need grant program is to assist low-income, needy, and disadvantaged Washington residents attending institutions of
higher education;
(b) A goal that the base state need grant amount over
time be increased to be equivalent to the rate of tuition
charged to resident undergraduate students attending Washington state public colleges and universities;
(c) State need grant recipients be required to contribute a
portion of the total cost of their education through self-help;
(d) State need grant recipients be required to document
their need for dependent care assistance after taking into
account other public funds provided for like purposes; and
(e) Institutional aid administrators be allowed to determine whether a student eligible for a state need grant in a
given academic year may remain eligible for the ensuing year
if the student’s family income increases by no more than a
marginal amount except for funds provided through the educational assistance grant program for students with dependents.
(2) The legislature further finds that the higher education
coordinating board, under its authority to implement the proposed changes in subsection (1) of this section, should do so
in a timely manner.
(3) The legislature also finds that:
(a) In most circumstances, need grant eligibility should
not extend beyond five years or one hundred twenty-five percent of the published length of the program in which the student is enrolled or the credit or clock-hour equivalent; and
(b) State financial aid programs should continue to
adhere to the principle that funding follows resident students
to their choice of institution of higher education. [2003 c 19
§ 11; 1999 c 345 § 1. Formerly RCW 28B.10.801.]
28B.92.020
Finding—Intent—Short title—Captions not law—2003 c 19: See
RCW 28B.133.005, 28B.133.900, and 28B.133.901.
28B.92.030 Definitions. As used in this chapter:
(1) "Board" means the higher education coordinating
board.
(2) "Disadvantaged student" means a post high school
student who by reason of adverse cultural, educational, environmental, experiential, familial or other circumstances is
unable to qualify for enrollment as a full-time student in an
institution of higher education, who would otherwise qualify
as a needy student, and who is attending an institution of
higher education under an established program designed to
qualify the student for enrollment as a full-time student.
(3) "Financial aid" means loans and/or grants to needy
students enrolled or accepted for enrollment as a student at
institutions of higher education.
28B.92.030
(2010 Ed.)
State Student Financial Aid Program
(4) "Institution" or "institutions of higher education"
means:
(a) Any public university, college, community college,
or technical college operated by the state of Washington or
any political subdivision thereof; or
(b) Any other university, college, school, or institute in
the state of Washington offering instruction beyond the high
school level which is a member institution of an accrediting
association recognized by rule of the board for the purposes
of this section: PROVIDED, That any institution, branch,
extension or facility operating within the state of Washington
which is affiliated with an institution operating in another
state must be a separately accredited member institution of
any such accrediting association, or a branch of a member
institution of an accrediting association recognized by rule of
the board for purposes of this section, that is eligible for federal student financial aid assistance and has operated as a
nonprofit college or university delivering on-site classroom
instruction for a minimum of twenty consecutive years within
the state of Washington, and has an annual enrollment of at
least seven hundred full-time equivalent students: PROVIDED FURTHER, That no institution of higher education
shall be eligible to participate in a student financial aid program unless it agrees to and complies with program rules and
regulations adopted pursuant to RCW 28B.92.150.
(5) "Needy student" means a post high school student of
an institution of higher education who demonstrates to the
board the financial inability, either through the student’s parents, family and/or personally, to meet the total cost of board,
room, books, and tuition and incidental fees for any semester
or quarter. "Needy student" also means an opportunity
internship graduate as defined by RCW 28C.18.162 who
enrolls in a postsecondary program of study as defined in
RCW 28C.18.162 within one year of high school graduation.
(6) "Placebound student" means a student who (a) is
unable to complete a college program because of family or
employment commitments, health concerns, monetary inability, or other similar factors; and (b) may be influenced by the
receipt of an enhanced student financial aid award to complete a baccalaureate degree at an eligible institution. [2009
c 238 § 7; 2009 c 215 § 5; 2004 c 275 § 35; 2002 c 187 § 1;
1989 c 254 § 2; 1985 c 370 § 56; 1979 ex.s. c 235 § 1; 1975
1st ex.s. c 132 § 16; 1969 ex.s. c 222 § 8. Formerly RCW
28B.10.802, 28.76.440.]
Reviser’s note: (1) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
(2) This section was amended by 2009 c 215 § 5 and by 2009 c 238 §
7, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—2009 c 238: See note following RCW 28C.18.160.
Findings—Intent—2009 c 215: "The legislature finds that a myriad of
financial aid programs exist for students at the federal, state, local, community, and institutional levels. These programs enable thousands of students
across Washington to access all sectors of higher education, from apprenticeship programs to public and private four and two-year institutions of higher
education. The legislature further finds that Washington state is a national
leader in the distribution of financial aid to increase college access and
affordability, ranking fourth in the nation in 2007 in terms of state student
grant aid funding per capita.
It is the intent of the legislature to promote and expand access to state
financial aid programs by determining which programs provide the greatest
value to the largest number of students, and by fully supporting those programs. Furthermore, it is the intent of the legislature to designate all existing
(2010 Ed.)
28B.92.040
financial aid an opportunity pathway, with the effect of providing students
with a clear understanding of available resources to pay for postsecondary
education, thereby increasing access to postsecondary education and meeting the needs of local business and industry.
It is the intent of the legislature that the higher education coordinating
board, the state board for community and technical colleges, the office of the
superintendent of public instruction, the workforce training and education
coordinating board, and institutions of higher education coordinate the
development of outreach tools, such as a web-based portal for information
on all opportunity pathway aid programs. The information should be communicated in a format and manner that provides an ease of understanding for
students and their families and include other pertinent information on institutions of higher education, costs, and academic programs. It is also the
intent of the legislature for institutions of higher education to incorporate this
information in promotional materials to prospective and current students and
their families." [2009 c 215 § 1.]
Effective date—2009 c 215: "This act takes effect August 1, 2009."
[2009 c 215 § 17.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—1989 c 254: "It is the intent of the legislature that nothing in
this act shall prevent or discourage an individual from making an effort to
repay any state financial aid awarded during his or her collegiate career."
[1989 c 254 § 1.]
Loan programs for mathematics and science teachers: RCW 28B.15.760
through 28B.15.766.
Additional notes found at www.leg.wa.gov
28B.92.040 Board, guidelines in performance of
duties. The board shall be cognizant of the following guidelines in the performance of its duties:
(1) The board shall be research oriented, not only at its
inception but continually through its existence.
(2) The board shall coordinate all existing programs of
financial aid except those specifically dedicated to a particular institution by the donor.
(3) The board shall take the initiative and responsibility
for coordinating all federal student financial aid programs to
ensure that the state recognizes the maximum potential effect
of these programs, and shall design state programs that complement existing federal, state, and institutional programs.
The board shall ensure that state programs continue to follow
the principle that state financial aid funding follows the student to the student’s choice of institution of higher education.
(4) Counseling is a paramount function of the state need
grant and other state student financial aid programs, and in
most cases could only be properly implemented at the institutional levels; therefore, state student financial aid programs
shall be concerned with the attainment of those goals which,
in the judgment of the board, are the reasons for the existence
of a student financial aid program, and not solely with administration of the program on an individual basis.
(5) The "package" approach of combining loans, grants
and employment for student financial aid shall be the conceptual element of the state’s involvement.
(6) The board shall ensure that allocations of state appropriations for financial aid are made to individuals and institutions in a timely manner and shall closely monitor expenditures to avoid under or overexpenditure of appropriated
funds. [2004 c 275 § 36; 1999 c 345 § 3; 1995 c 269 § 801;
1969 ex.s. c 222 § 10. Formerly RCW 28B.10.804,
28.76.450.]
28B.92.040
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
[Title 28B RCW—page 219]
28B.92.050
Title 28B RCW: Higher Education
28B.92.050 Powers and duties of board. The board
shall have the following powers and duties:
(1) Conduct a full analysis of student financial aid as a
means of:
(a) Fulfilling educational aspirations of students of the
state of Washington, and
(b) Improving the general, social, cultural, and economic
character of the state.
Such an analysis will be a continuous one and will yield
current information relevant to needed improvements in the
state program of student financial aid. The board will disseminate the information yielded by their analyses to all appropriate individuals and agents.
(2) Design a state program of student financial aid based
on the data of the study referred to in this section. The state
programs will supplement available federal and local aid programs. The state programs of student financial aid will not
exceed the difference between the budgetary costs of attending an institution of higher education and the student’s total
resources, including family support, personal savings,
employment, and federal, state, and local aid programs.
(3) Determine and establish criteria for financial need of
the individual applicant based upon the consideration of that
particular applicant. In making this determination the board
shall consider the following:
(a) Assets and income of the student.
(b) Assets and income of the parents, or the individuals
legally responsible for the care and maintenance of the student.
(c) The cost of attending the institution the student is
attending or planning to attend.
(d) Any other criteria deemed relevant to the board.
(4) Set the amount of financial aid to be awarded to any
individual needy or disadvantaged student in any school year.
(5) Award financial aid to needy or disadvantaged students for a school year based upon only that amount necessary to fill the financial gap between the budgetary cost of
attending an institution of higher education and the family
and student contribution.
(6) Review the need and eligibility of all applications on
an annual basis and adjust financial aid to reflect changes in
the financial need of the recipients and the cost of attending
the institution of higher education. [1999 c 345 § 4; 1989 c
254 § 3; 1969 ex.s. c 222 § 11. Formerly RCW 28B.10.806,
28.76.460.]
28B.92.050
Intent—1989 c 254: See note following RCW 28B.92.030.
28B.92.060 State need grant awards. In awarding
need grants, the board shall proceed substantially as follows:
PROVIDED, That nothing contained herein shall be construed to prevent the board, in the exercise of its sound discretion, from following another procedure when the best interest
of the program so dictates:
(1) The board shall annually select the financial aid
award recipients from among Washington residents applying
for student financial aid who have been ranked according to:
(a) Financial need as determined by the amount of the
family contribution; and
(b) Other considerations, such as whether the student is a
former foster youth, or is a placebound student who has com28B.92.060
[Title 28B RCW—page 220]
pleted an associate of arts or associate of science degree or its
equivalent.
(2) The financial need of the highest ranked students
shall be met by grants depending upon the evaluation of
financial need until the total allocation has been disbursed.
Funds from grants which are declined, forfeited or otherwise
unused shall be reawarded until disbursed, except that eligible former foster youth shall be assured receipt of a grant.
(3) A student shall be eligible to receive a state need
grant for up to five years, or the credit or clock hour equivalent of five years, or up to one hundred twenty-five percent of
the published length of time of the student’s program. A student may not start a new associate degree program as a state
need grant recipient until at least five years have elapsed
since earning an associate degree as a need grant recipient,
except that a student may earn two associate degrees concurrently. Qualifications for renewal will include maintaining
satisfactory academic progress toward completion of an eligible program as determined by the board. Should the recipient
terminate his or her enrollment for any reason during the academic year, the unused portion of the grant shall be returned
to the state educational grant fund by the institution according to the institution’s own policy for issuing refunds, except
as provided in RCW 28B.92.070.
(4) In computing financial need, the board shall determine a maximum student expense budget allowance, not to
exceed an amount equal to the total maximum student
expense budget at the public institutions plus the current
average state appropriation per student for operating expense
in the public institutions. Any child support payments
received by students who are parents attending less than halftime shall not be used in computing financial need.
(5)(a) A student who is enrolled in three to six creditbearing quarter credits, or the equivalent semester credits,
may receive a grant for up to one academic year before beginning a program that leads to a degree or certificate.
(b) An eligible student enrolled on a less-than-full-time
basis shall receive a prorated portion of his or her state need
grant for any academic period in which he or she is enrolled
on a less-than-full-time basis, as long as funds are available.
(c) An institution of higher education may award a state
need grant to an eligible student enrolled in three to six
credit-bearing quarter credits, or the semester equivalent, on
a provisional basis if:
(i) The student has not previously received a state need
grant from that institution;
(ii) The student completes the required free application
for federal student aid;
(iii) The institution has reviewed the student’s financial
condition, and the financial condition of the student’s family
if the student is a dependent student, and has determined that
the student is likely eligible for a state need grant; and
(iv) The student has signed a document attesting to the
fact that the financial information provided on the free application for federal student aid and any additional financial
information provided directly to the institution is accurate
and complete, and that the student agrees to repay the institution for the grant amount if the student submitted false or
incomplete information.
(6) As used in this section, "former foster youth" means
a person who is at least eighteen years of age, but not more
(2010 Ed.)
State Student Financial Aid Program
than twenty-four years of age, who was a dependent of the
department of social and health services at the time he or she
attained the age of eighteen. [2009 c 215 § 4; 2007 c 404 § 2;
2005 c 93 § 3; 2004 c 275 § 37; 1999 c 345 § 5; 1991 c 164 §
4; 1989 c 254 § 4; 1969 ex.s. c 222 § 12. Formerly RCW
28B.10.808, 28.76.470.]
Findings—Intent—Effective date—2009 c 215: See notes following
RCW 28B.92.030.
Findings—Intent—2005 c 93: See note following RCW 74.13.570.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—1989 c 254: See note following RCW 28B.92.030.
28B.92.070 Persian Gulf veterans—Limited application of RCW 28B.92.060. Under rules adopted by the board,
the provisions of RCW 28B.92.060(3) shall not apply to eligible students, as defined in RCW 28B.10.017, and eligible
students shall not be required to repay the unused portions of
grants received under the state student financial aid program.
[2004 c 275 § 38; 1991 c 164 § 3. Formerly RCW
28B.10.8081.]
28B.92.086
enhanced need grants are provided for persons who meet all
of the following criteria:
(a) Are needy students as defined in RCW 28B.92.030;
(b) Are placebound students as defined in RCW
28B.92.030; and
(c) Have completed the associate of arts or the associate
of science degree, or its equivalent.
(2) The enhanced need grants established in this section
are provided to this specific group of students in addition to
the base state need grant, as defined by rule of the board.
[2009 c 215 § 3.]
Findings—Intent—Effective date—2009 c 215: See notes following
RCW 28B.92.030.
28B.92.070
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.92.080 Eligibility for state need grant. Except for
opportunity internship graduates whose eligibility is provided under RCW 28B.92.084, for a student to be eligible for
a state need grant a student must:
(1) Be a "needy student" or "disadvantaged student" as
determined by the board in accordance with *RCW
28B.92.030 (3) and (4);
(2) Have been domiciled within the state of Washington
for at least one year;
(3) Be enrolled or accepted for enrollment on at least a
half-time basis at an institution of higher education in Washington as defined in **RCW 28B.92.030(1);
(4) Until June 30, 2011, to the extent funds are specifically appropriated for this purpose, and subject to any terms
and conditions specified in the omnibus appropriations act,
be enrolled or accepted for enrollment for at least three quarter credits or the equivalent semester credits at an institution
of higher education in Washington as defined in **RCW
28B.92.030(1); and
(5) Have complied with all the rules adopted by the
board for the administration of this chapter. [2009 c 238 § 9;
2007 c 404 § 1; 2004 c 275 § 39; 1999 c 345 § 6; 1989 c 254
§ 5; 1969 ex.s. c 222 § 13. Formerly RCW 28B.10.810,
28.76.475.]
28B.92.080
Reviser’s note: *(1) Due to the alphabetization of RCW 28B.92.030
pursuant to RCW 1.08.015(2)(k), subsections (3) and (4) were changed to
subsections (5) and (2) respectively.
**(2) Due to the alphabetization of RCW 28B.92.030 pursuant to
RCW 1.08.015(2)(k), subsection (1) was changed to subsection (4).
Findings—Intent—2009 c 238: See note following RCW 28C.18.160.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Intent—1989 c 254: See note following RCW 28B.92.030.
28B.92.082 Enhanced need grants—Eligibility. (1)
To the extent funds are appropriated for this purpose and
within overall appropriations for the state need grant,
28B.92.082
(2010 Ed.)
28B.92.084 Eligibility of opportunity internship
graduates. (1) The board shall work with institutions of
higher education to assure that the institutions are aware of
the eligibility of opportunity internship graduates for an
award under this chapter.
(2) If an opportunity internship graduate enrolls within
one year of high school graduation in a postsecondary program of study in an institution of higher education, including
in an apprenticeship program with related and supplemental
instruction provided through an institution of higher education, the graduate is eligible to receive a state need grant for
up to one year. The graduate shall not be required to be
enrolled on at least a half-time basis. The related and supplemental instruction provided to a graduate through an apprenticeship program shall not be required to lead to a degree or
certificate.
(3) Except for the eligibility criteria for an opportunity
internship graduate that are provided under this section, other
rules pertaining to award of a state need grant apply.
(4) Nothing in this section precludes an opportunity
internship graduate from being eligible to receive additional
state need grants after the one-year grant provided in this section if the graduate meets other criteria as a needy or disadvantaged student. [2009 c 238 § 8.]
28B.92.084
Findings—Intent—2009 c 238: See note following RCW 28C.18.160.
28B.92.085 Part-time students—Review of financial
aid policies and procedures. Institutions of higher education are encouraged to review their policies and procedures
regarding financial aid for students taking a less-than-halftime course load, and to implement policies and procedures
providing students taking a less-than-half-time course load
with the same access to institutional aid, including tuition
waivers, as provided to students enrolled half time or more.
[2007 c 404 § 3.]
28B.92.085
28B.92.086 Dual credit programs—Review of financial aid policies and programs. Institutions of higher education are encouraged to review their policies and procedures
regarding financial aid for students enrolled in dual credit
programs as defined in RCW 28B.15.821. Institutions of
higher education are further encouraged to implement policies and procedures providing students enrolled in dual credit
programs with the same access to institutional aid, including
all educational expenses, as provided to resident undergraduate students. [2009 c 215 § 10.]
28B.92.086
[Title 28B RCW—page 221]
28B.92.090
Title 28B RCW: Higher Education
Findings—Intent—Effective date—2009 c 215: See notes following
RCW 28B.92.030.
28B.92.090 Aid granted without regard to applicant’s race, creed, color, religion, sex, or ancestry. All student financial aid shall be granted by the commission without
regard to the applicant’s race, creed, color, religion, sex, or
an cestry. [1 969 ex.s. c 2 22 § 14. Fo rmerly RCW
28B.10.812, 28.76.480.]
28B.92.090
28B.92.100 Theology student denied aid. No aid shall
be awarded to any student who is pursuing a degree in theology. [1969 ex.s. c 222 § 15. Formerly RCW 28B.10.814,
28.76.490.]
28B.92.100
Expenditures from the fund shall be for financial aid to
needy or disadvantaged students. The board may annually
expend such sums from the fund as may be necessary to fulfill the purposes of this section, including not more than three
percent for the costs to administer aid programs supported by
the fund. All earnings of investments of balances in the state
educational trust fund shall be credited to the trust fund.
Expenditures from the fund shall not be subject to appropriation but are subject to allotment procedures under chapter
43.88 RCW. [1997 c 269 § 1; 1996 c 107 § 1; 1991 sp.s. c 13
§ 12; 1985 c 57 § 10; 1981 c 55 § 1. Formerly RCW
28B.10.821.]
Additional notes found at www.leg.wa.gov
28B.92.150 Board rules. The board shall adopt rules as
may be necessary or appropriate for effecting the provisions
of this chapter, in accordance with the provisions of chapter
34.05 RCW, the administrative procedure act. [2004 c 275 §
43; 1999 c 345 § 7; 1973 c 62 § 4; 1969 ex.s. c 222 § 19. Formerly RCW 28B.10.822, 28.76.530.]
28B.92.150
28B.92.110 Application of award. A state financial
aid recipient under this chapter shall apply the award toward
the cost of tuition, room, board, books, and fees at the institution of higher education attended. An opportunity internship
graduate who enters an apprenticeship program may use the
award for the costs of related and supplemental instruction
provided through an institution of higher education, tools,
and other costs associated with the apprenticeship program.
[2009 c 238 § 10; 2004 c 275 § 40; 1969 ex.s. c 222 § 16.
Formerly RCW 28B.10.816, 28.76.500.]
28B.92.110
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
Chapter 28B.95
Findings—Intent—2009 c 238: See note following RCW 28C.18.160.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.92.120 Board to determine how funds disbursed.
Funds appropriated for student financial assistance to be
granted pursuant to this chapter shall be disbursed as determined by the board. [2004 c 275 § 41; 1969 ex.s. c 222 § 17.
Formerly RCW 28B.10.818, 28.76.510.]
28B.92.120
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.92.130 Grants, gifts, bequests and devises of
property. The board shall be authorized to accept grants,
gifts, bequests, and devises of real and personal property
from any source for the purpose of granting financial aid in
addition to that funded by the state. [2004 c 275 § 42; 1969
ex.s. c 222 § 18. Formerly RCW 28B.10.820, 28.76.520.]
28B.92.130
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.92.140 State educational trust fund—Deposits—
Expenditures. The state educational trust fund is hereby
established in the state treasury. The primary purpose of the
trust is to pledge statewide available college student assistance to needy or disadvantaged students, especially middle
and high school youth, considered at-risk of dropping out of
secondary education who participate in board-approved early
awareness and outreach programs and who enter any accredited Washington institution of postsecondary education
within two years of high school graduation.
The board shall deposit refunds and recoveries of student
financial aid funds expended in prior fiscal periods in such
account. The board may also deposit moneys that have been
contributed from other state, federal, or private sources.
28B.92.140
[Title 28B RCW—page 222]
Chapter 28B.95 RCW
ADVANCED COLLEGE TUITION
PAYMENT PROGRAM
Sections
28B.95.010 Washington advanced college tuition payment program—
Established.
28B.95.020 Definitions.
28B.95.025 Offices and personnel.
28B.95.030 Administration of program—Tuition units—Promotion of
program—Authority of governing body.
28B.95.035 Committee members—Liability.
28B.95.040 Purchase of tuition units by organizations—Rules—Scholarship fund.
28B.95.050 Contractual obligation—Legally binding—Use of state appropriations.
28B.95.060 Washington advanced college tuition payment program
account.
28B.95.070 Washington advanced college tuition payment program
account—Powers and duties of the investment board.
28B.95.080 Washington advanced college tuition payment program
account—Actuarial soundness—Adjustment of tuition credit
purchases.
28B.95.090 Discontinuation of program—Use of units—Refunds.
28B.95.100 Program planning—Consultation with public and private entities—Cooperation.
28B.95.110 Refunds.
28B.95.120 Tuition units exempt from bankruptcy and enforcement of
judgments.
28B.95.150 College savings program.
28B.95.160 GET ready for math and science scholarship program—
Tuition units—Ownership and redemption.
28B.95.900 Construction of chapter—Limitations.
28B.95.010 Washington advanced college tuition
payment program—Established. The Washington
advanced college tuition payment program is established to
help make higher education affordable and accessible to all
citizens of the state of Washington by offering a savings
incentive that will protect purchasers and beneficiaries
against rising tuition costs. The program is designed to
encourage savings and enhance the ability of Washington citizens to obtain financial access to institutions of higher education. In addition, the program encourages elementary and
28B.95.010
(2010 Ed.)
Advanced College Tuition Payment Program
secondary school students to do well in school as a means of
preparing for and aspiring to higher education attendance.
This program is intended to promote a well-educated and
financially secure population to the ultimate benefit of all citizens of the state of Washington. [1997 c 289 § 1.]
28B.95.020 Definitions. The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Academic year" means the regular nine-month,
three-quarter, or two-semester period annually occurring
between August 1st and July 31st.
(2) "Account" means the Washington advanced college
tuition payment program account established for the deposit
of all money received by the board from eligible purchasers
and interest earnings on investments of funds in the account,
as well as for all expenditures on behalf of eligible beneficiaries for the redemption of tuition units and for the development of any authorized college savings program pursuant to
RCW 28B.95.150.
(3) "Board" means the higher education coordinating
board as defined in chapter 28B.76 RCW.
(4) "Committee on advanced tuition payment" or "committee" means a committee of the following members: The
state treasurer, the director of the office of financial management, the executive director of the higher education coordinating board, or their designees, and two members to be
appointed by the governor, one representing program participants and one private business representative with marketing,
public relations, or financial expertise.
(5) "Governing body" means the committee empowered
by the legislature to administer the Washington advanced
college tuition payment program.
(6) "Contractual obligation" means a legally binding
contract of the state with the purchaser and the beneficiary
establishing that purchases of tuition units will be worth the
same number of tuition units at the time of redemption as
they were worth at the time of the purchase.
(7) "Eligible beneficiary" means the person for whom
the tuition unit will be redeemed for attendance at an institution of higher education. The beneficiary is that person
named by the purchaser at the time that a tuition unit contract
is accepted by the governing body. Qualified organizations,
as allowed under section 529 of the federal internal revenue
code, purchasing tuition unit contracts as future scholarships
need not designate a beneficiary at the time of purchase.
(8) "Eligible purchaser" means an individual or organization that has entered into a tuition unit contract with the
governing body for the purchase of tuition units for an eligible beneficiary. The state of Washington may be an eligible
purchaser for purposes of purchasing tuition units to be held
for granting Washington college bound scholarships.
(9) "Full-time tuition charges" means resident tuition
charges at a state institution of higher education for enrollments between ten credits and eighteen credit hours per academic term.
(10) "Institution of higher education" means an institution that offers education beyond the secondary level and is
recognized by the internal revenue service under chapter 529
of the internal revenue code.
28B.95.020
(2010 Ed.)
28B.95.030
(11) "Investment board" means the state investment
board as defined in chapter 43.33A RCW.
(12) "State institution of higher education" means institutions of higher education as defined in RCW 28B.10.016.
(13) "Tuition and fees" means undergraduate tuition and
services and activities fees as defined in RCW 28B.15.020
and 28B.15.041 rounded to the nearest whole dollar. For purposes of this chapter, services and activities fees do not
include fees charged for the payment of bonds heretofore or
hereafter issued for, or other indebtedness incurred to pay, all
or part of the cost of acquiring, constructing, or installing any
lands, buildings, or facilities.
(14) "Tuition unit contract" means a contract between an
eligible purchaser and the governing body, or a successor
agency appointed for administration of this chapter, for the
purchase of tuition units for a specified beneficiary that may
be redeemed at a later date for an equal number of tuition
units.
(15) "Unit purchase price" means the minimum cost to
purchase one tuition unit for an eligible beneficiary. Generally, the minimum purchase price is one percent of the undergraduate tuition and fees for the current year, rounded to the
nearest whole dollar, adjusted for the costs of administration
and adjusted to ensure the actuarial soundness of the account.
The analysis for price setting shall also include, but not be
limited to consideration of past and projected patterns of
tuition increases, program liability, past and projected investment returns, and the need for a prudent stabilization reserve.
[2007 c 405 § 8; 2005 c 272 § 1; 2004 c 275 § 59; 2001 c 184
§ 1; 2000 c 14 § 1; 1997 c 289 § 2.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.95.025 Offices and personnel. The board shall
maintain appropriate offices and employ and fix compensation of such personnel as may be necessary to perform the
advanced college tuition payment program duties. The board
shall consult with the governing body on the selection, compensation, and other issues relating to the employment of the
program director. The positions are exempt from classified
service under chapter 41.06 RCW. The employees shall be
employees of the higher education coordinating board. [2000
c 14 § 2; 1998 c 69 § 2.]
28B.95.025
Additional notes found at www.leg.wa.gov
28B.95.030 Administration of program—Tuition
units—Promotion of program—Authority of governing
body. (1) The Washington advanced college tuition payment
program shall be administered by the committee on advanced
tuition payment which shall be chaired by the executive
director of the board. The committee shall be supported by
staff of the board.
(2)(a) The Washington advanced college tuition payment program shall consist of the sale of tuition units, which
may be redeemed by the beneficiary at a future date for an
equal number of tuition units regardless of any increase in the
price of tuition, that may have occurred in the interval.
(b) Each purchase shall be worth a specific number of or
fraction of tuition units at each state institution of higher education as determined by the governing body.
28B.95.030
[Title 28B RCW—page 223]
28B.95.035
Title 28B RCW: Higher Education
(c) The number of tuition units necessary to pay for a full
year’s, full-time undergraduate tuition and fee charges at a
state institution of higher education shall be set by the governing body at the time a purchaser enters into a tuition unit
contract.
(d) The governing body may limit the number of tuition
units purchased by any one purchaser or on behalf of any one
beneficiary, however, no limit may be imposed that is less
than that necessary to achieve four years of full-time, undergraduate tuition charges at a state institution of higher education. The governing body also may, at its discretion, limit the
number of participants, if needed, to ensure the actuarial
soundness and integrity of the program.
(e) While the Washington advanced college tuition payment program is designed to help all citizens of the state of
Washington, the governing body may determine residency
requirements for eligible purchasers and eligible beneficiaries to ensure the actuarial soundness and integrity of the program.
(3)(a) No tuition unit may be redeemed until two years
after the purchase of the unit. Units may be redeemed for
enrollment at any institution of higher education that is recognized by the internal revenue service under chapter 529 of
the internal revenue code.
(b) Units redeemed at a nonstate institution of higher
education or for graduate enrollment shall be redeemed at the
rate for state public institutions in effect at the time of
redemption.
(4) The governing body shall determine the conditions
under which the tuition benefit may be transferred to another
family member. In permitting such transfers, the governing
body may not allow the tuition benefit to be bought, sold, bartered, or otherwise exchanged for goods and services by
either the beneficiary or the purchaser.
(5) The governing body shall administer the Washington
advanced college tuition payment program in a manner reasonably designed to be actuarially sound, such that the assets
of the trust will be sufficient to defray the obligations of the
trust including the costs of administration. The governing
body may, at its discretion, discount the minimum purchase
price for certain kinds of purchases such as those from families with young children, as long as the actuarial soundness of
the account is not jeopardized.
(6) The governing body shall annually determine current
value of a tuition unit.
(7) The governing body shall promote, advertise, and
publicize the Washington advanced college tuition payment
program.
(8) In addition to any other powers conferred by this
chapter, the governing body may:
(a) Impose reasonable limits on the number of tuition
units or units that may be used in any one year;
(b) Determine and set any time limits, if necessary, for
the use of benefits under this chapter;
(c) Impose and collect administrative fees and charges in
connection with any transaction under this chapter;
(d) Appoint and use advisory committees as needed to
provide program direction and guidance;
(e) Formulate and adopt all other policies and rules necessary for the efficient administration of the program;
[Title 28B RCW—page 224]
(f) Consider the addition of an advanced payment program for room and board contracts and also consider a college savings program;
(g) Purchase insurance from insurers licensed to do business in the state, to provide for coverage against any loss in
connection with the account’s property, assets, or activities or
to further insure the value of the tuition units;
(h) Make, execute, and deliver contracts, conveyances,
and other instruments necessary to the exercise and discharge
of its powers and duties under this chapter;
(i) Contract for the provision for all or part of the services necessary for the management and operation of the program with other state or nonstate entities authorized to do
business in the state;
(j) Contract for other services or for goods needed by the
governing body in the conduct of its business under this chapter;
(k) Contract with financial consultants, actuaries, auditors, and other consultants as necessary to carry out its
responsibilities under this chapter;
(l) Solicit and accept cash donations and grants from any
person, governmental agency, private business, or organization; and
(m) Perform all acts necessary and proper to carry out
the duties and responsibilities of this program under this
chapter. [2005 c 272 § 2; 2000 c 14 § 3; 1997 c 289 § 3.]
28B.95.035 Committee members—Liability. No
member of the committee is liable for the negligence, default,
or failure of any other person or members of the committee to
perform the duties of office and no member may be considered or held to be an insurer of the funds or assets of any of
the advanced college tuition payment program. [1998 c 69 §
3.]
28B.95.035
Additional notes found at www.leg.wa.gov
28B.95.040 Purchase of tuition units by organizations—Rules—Scholarship fund. The governing body
may, at its discretion, allow an organization to purchase
tuition units for future use as scholarships. Such organizations electing to purchase tuition units for this purpose must
enter into a contract with the governing body which, at a minimum, ensures that the scholarship shall be freely given by
the purchaser to a scholarship recipient. For such purchases,
the purchaser need not name a beneficiary until four months
before the date when the tuition units are first expected to be
used.
The governing body shall formulate and adopt such rules
as are necessary to determine which organizations may qualify to purchase tuition units for scholarships under this section. The governing body also may consider additional rules
for the use of tuition units if purchased as scholarships.
The governing body may establish a scholarship fund
with moneys from the Washington advanced college tuition
payment program account. A scholarship fund established
under this authority shall be administered by the higher education coordinating board and shall be provided to students
who demonstrate financial need. Financial need is not a criterion that any other organization need consider when using
tuition units as scholarships. The board also may establish its
28B.95.040
(2010 Ed.)
Advanced College Tuition Payment Program
own corporate-sponsored scholarship fund under this chapter. [1997 c 289 § 4.]
28B.95.090
cash, or revenue to the state. [2007 c 214 § 13; 2000 c 14 §
5; 1998 c 69 § 4; 1997 c 289 § 6.]
Additional notes found at www.leg.wa.gov
28B.95.050 Contractual obligation—Legally binding—Use of state appropriations. The Washington
advanced college tuition payment program is an essential
state governmental function. Contracts with eligible participants shall be contractual obligations legally binding on the
state as set forth in this chapter. If, and only if, the moneys in
the account are projected to be insufficient to cover the state’s
contracted expenses for a given biennium, then the legislature
shall appropriate to the account the amount necessary to
cover such expenses.
The tuition and fees charged by an eligible institution of
higher education to an eligible beneficiary for a current
enrollment shall be paid by the account to the extent the beneficiary has remaining unused tuition units for the appropriate school. [2000 c 14 § 4; 1997 c 289 § 5.]
28B.95.050
28B.95.060 Washington advanced college tuition
payment program account. (1) The Washington advanced
college tuition payment program account is created in the
custody of the state treasurer. The account shall be a discrete
nontreasury account retaining its interest earnings in accordance with RCW 43.79A.040.
(2)(a) Except as provided in (b) of this subsection, the
governing body shall deposit in the account all money
received for the program. The account shall be self-sustaining and consist of payments received from purchasers of
tuition units and funds received from other sources, public or
private. With the exception of investment and operating
costs associated with the investment of money by the investment board paid under RCW 43.33A.160 and 43.84.160, the
account shall be credited with all investment income earned
by the account. Disbursements from the account are exempt
from appropriations and the allotment provisions of chapter
43.88 RCW. Money used for program administration is subject to the allotment of all expenditures. However, an appropriation is not required for such expenditures. Program
administration shall include, but not be limited to: The salaries and expenses of the program personnel including lease
payments, travel, and goods and services necessary for program operation; contracts for program promotion and advertisement, audits, and account management; and other general
costs of conducting the business of the program.
(b) All money received by the program from the higher
education coordinating board for the GET ready for math and
science scholarship program shall be deposited in the GET
ready for math and science scholarship account created in
RCW 28B.105.110.
(3) The assets of the account may be spent without
appropriation for the purpose of making payments to institutions of higher education on behalf of the qualified beneficiaries, making refunds, transfers, or direct payments upon the
termination of the Washington advanced college tuition payment program. Disbursements from the account shall be
made only on the authorization of the governing body.
(4) With regard to the assets of the account, the state acts
in a fiduciary, not ownership, capacity. Therefore the assets
of the program are not considered state money, common
28B.95.060
(2010 Ed.)
28B.95.070 Washington advanced college tuition
payment program account—Powers and duties of the
investment board. (1) The investment board has the full
power to invest, reinvest, manage, contract, sell, or exchange
investment money in the account. All investment and operating costs associated with the investment of money shall be
paid pursuant to RCW 43.33A.160 and 43.84.160. With the
exception of these expenses, the earnings from the investment of the money shall be retained by the account.
(2) All investments made by the investment board shall
be made with the exercise of that degree of judgment and care
pursuant to RCW 43.33A.140 and the investment policy
established by the state investment board.
(3) As deemed appropriate by the investment board,
money in the account may be commingled for investment
with other funds subject to investment by the board.
(4) The authority to establish all policies relating to the
account, other than the investment policies as set forth in subsections (1) through (3) of this section, resides with the governing body. With the exception of expenses of the investment board set forth in subsection (1) of this section, disbursements from the account shall be made only on the
authorization of the governing body, and money in the
account may be spent only for the purposes of the program as
specified in this chapter.
(5) The investment board shall routinely consult and
communicate with the governing body on the investment policy, earnings of the trust, and related needs of the program.
[2000 c 14 § 6; 1997 c 289 § 7.]
28B.95.070
28B.95.080 Washington advanced college tuition
payment program account—Actuarial soundness—
Adjustment of tuition credit purchases. The governing
body shall annually evaluate, and cause to be evaluated by a
nationally recognized actuary, the soundness of the account
and determine the additional assets needed, if any, to defray
the obligations of the account.
If funds are not sufficient to ensure the actuarial soundness of the account, the governing body shall adjust the price
of subsequent tuition credit purchases to ensure its soundness.
If there are insufficient numbers of new purchases to
ensure the actuarial soundness of the account, the governing
body shall request such funds from the legislature as are
required to ensure the integrity of the program. Funds may be
appropriated directly to the account or appropriated under the
condition that they be repaid at a later date. The repayment
shall be made at such time that the account is again determined to be actuarially sound. [1997 c 289 § 8.]
28B.95.080
28B.95.090 Discontinuation of program—Use of
units—Refunds. (1) In the event that the state determines
that the program is not financially feasible, or for any other
reason, the state may declare the discontinuance of the program. At the time of such declaration, the governing body
28B.95.090
[Title 28B RCW—page 225]
28B.95.100
Title 28B RCW: Higher Education
will cease to accept any further tuition unit contracts or purchases.
(2) The remaining tuition units for all beneficiaries who
have either enrolled in higher education or who are within
four years of graduation from a secondary school shall be
honored until such tuition units have been exhausted, or for
ten fiscal years from the date that the program has been discontinued, whichever comes first. All other contract holders
shall receive a refund equal to the value of the current tuition
units in effect at the time that the program was declared discontinued.
(3) At the end of the ten-year period, any tuition units
remaining unused by currently active beneficiaries enrolled
in higher education shall be refunded at the value of the current tuition unit in effect at the end of that ten-year period.
(4) At the end of the ten-year period, all other funds
remaining in the account not needed to make refunds or to
pay for administrative costs shall be deposited to the state
general fund.
(5) The governing body may make refunds under other
exceptional circumstances as it deems fit, however, no tuition
units may be honored after the end of the tenth fiscal year following the declaration of discontinuance of the program.
[2005 c 272 § 3; 1997 c 289 § 9.]
28B.95.100 Program planning—Consultation with
public and private entities—Cooperation. (1) The governing body, in planning and devising the program, shall consult
with the investment board, the state treasurer, the office of
financial management, and the institutions of higher education.
(2) The governing body may seek the assistance of the
state agencies named in subsection (1) of this section, private
financial institutions, and any other qualified party with experience in the areas of accounting, actuary, risk management,
or investment management to assist with preparing an
accounting of the program and ensuring the fiscal soundness
of the account.
(3) State agencies and public institutions of higher education shall fully cooperate with the governing body in matters relating to the program in order to ensure the solvency of
the account and ability of the governing body to meet outstanding commitments. [2000 c 14 § 7; 1997 c 289 § 10.]
28B.95.100
28B.95.110 Refunds. (1) The intent of the Washington
advanced college tuition payment program is to redeem
tuition units for attendance at an institution of higher education. Refunds shall be issued under specific conditions that
may include the following:
(a) Certification that the beneficiary, who is eighteen
years of age or older, will not attend an institution of higher
education, will result in a refund not to exceed the current
value, as determined by the governing body, in effect at the
time of such certification minus a penalty at the rate established by the governing body. The refund shall be made no
sooner than ninety days after such certification, less any
administrative processing fees assessed by the governing
body;
(b) If there is certification of the death or disability of the
beneficiary, the refund shall be equal to one hundred percent
28B.95.110
[Title 28B RCW—page 226]
of any remaining unused tuition units at the current value, as
determined by the governing body, at the time that such certification is submitted to the governing body, less any administrative processing fees assessed by the governing body;
(c) If there is certification by the student of graduation or
program completion, the refund shall be as great as one hundred percent of any remaining unused tuition units at the current value, as determined by the governing body, at the time
that such certification is submitted to the governing body,
less any administrative processing fees assessed by the governing body. The governing body may, at its discretion,
impose a penalty if needed to comply with federal tax rules;
(d) If there is certification of other tuition and fee scholarships, which will cover the cost of tuition for the eligible
beneficiary. The refund shall be equal to one hundred percent of the current value of tuition units, as determined by the
governing body, in effect at the time of the refund request,
less any administrative processing fees assessed by the governing body. The refund under this subsection may not
exceed the value of the scholarship;
(e) Incorrect or misleading information provided by the
purchaser or beneficiaries may result in a refund of the purchaser’s investment, less any administrative processing fees
assessed by the governing body. The value of the refund will
not exceed the actual dollar value of the purchaser’s contributions; and
(f) The governing body may determine other circumstances qualifying for refunds of remaining unused tuition
units and may determine the value of that refund.
(2) With the exception of subsection (1)(b), (e), and (f)
of this section no refunds may be made before the units have
been held for two years. [2005 c 272 § 4; 2001 c 184 § 3;
2000 c 14 § 8; 1997 c 289 § 12.]
Effective date—2001 c 184 § 3: "Section 3 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
July 1, 2001." [2001 c 184 § 5.]
28B.95.120 Tuition units exempt from bankruptcy
and enforcement of judgments. In regard to bankruptcy filings and enforcement of judgments under Title 6 RCW,
tuition units purchased more than two years prior to the date
of filing or judgment will be considered excluded personal
assets. [2005 c 272 § 5.]
28B.95.120
28B.95.150 College savings program. (1) The committee may establish a college savings program. If such a program is established, the college savings program shall be
established, in such form as may be determined by the committee, to be a qualified state tuition program as defined by
the internal revenue service under section 529 of the internal
revenue code, and shall be administered in a manner consistent with the Washington advanced college tuition payment
program. The committee, in planning and devising the program, shall consult with the state investment board, the state
treasurer, a qualified actuarial consulting firm with appropriate expertise to evaluate such plans, the legislative fiscal and
higher education committees, and the institutions of higher
education.
(2) Up to two hundred thousand dollars of administrative
fees collected from guaranteed education tuition program
28B.95.150
(2010 Ed.)
Washington Higher Education Loan Program
participants may be applied as a loan to fund the development
of a college savings program. This loan must be repaid with
interest before the conclusion of the biennium in which the
committee draws funds for this purpose from the advanced
college tuition payment program account.
(3) If such a college savings program is established, the
college savings program account is created in the custody of
the state treasurer for the purpose of administering the college savings program. If created, the account shall be a discrete nontreasury account in the custody of the state treasurer.
Interest earnings shall be retained in accordance with RCW
43.79A.040. Disbursements from the account, except for program administration, are exempt from appropriations and the
allotment provisions of chapter 43.88 RCW. Money used for
program administration is subject to the allotment provisions,
but without appropriation.
(4) The committee, after consultation with the state
investment board, shall determine the investment policies for
the college savings program. Program contributions may be
invested by the state investment board or the committee may
contract with an investment company licensed to conduct
business in this state to do the investing. The committee shall
keep or cause to be kept full and adequate accounts and
records of the assets of each individual participant in the college savings program.
(5) Neither the state nor any eligible educational institution may be considered or held to be an insurer of the funds
or assets of the individual participant accounts in the college
savings program created under this section nor may any such
entity be held liable for any shortage of funds in the event that
balances in the individual participant accounts are insufficient to meet the educational expenses of the institution chosen by the student for which the individual participant
account was intended.
(6) The committee shall adopt rules to implement this
section. Such rules shall include but not be limited to administration, investment management, promotion, and marketing; compliance with internal revenue service standards;
application procedures and fees; start-up costs; phasing in the
savings program and withdrawals therefrom; deterrents to
early withdrawals and provisions for hardship withdrawals;
and reenrollment in the savings program after withdrawal.
(7) The committee may, at its discretion, determine to
cease operation of the college savings program if it determines the continuation is not in the best interest of the state.
The committee shall adopt rules to implement this section
addressing the orderly distribution of assets. [2001 c 184 §
2.]
28B.95.160
28B.95.160 GET ready for math and science scholarship program—Tuition units—Ownership and redemption. Ownership of tuition units purchased by the higher education coordinating board for the GET ready for math and
science scholarship program under RCW 28B.105.070 shall
be in the name of the state of Washington and may be
redeemed by the state of Washington on behalf of recipients
of GET ready for math and science scholarship program
scholarships for tuition and fees. [2007 c 214 § 12.]
(2010 Ed.)
28B.97.010
28B.95.900 Construction of chapter—Limitations.
This chapter shall not be construed as a promise that any beneficiary shall be granted admission to any institution of
higher education, will earn any specific or minimum number
of academic credits, or will graduate from any such institution. In addition, this chapter shall not be construed as a
promise of either course or program availability.
Participation in this program does not guarantee an eligible beneficiary the right to resident tuition and fees. To qualify for resident and respective tuition subsidies, the eligible
beneficiary must meet the applicable provisions of RCW
28B.15.011 through 28B.15.015.
This chapter shall not be construed to imply that the
redemption of tuition units shall be equal to any value greater
than the undergraduate tuition and services and activities fees
at a state institution of higher education as computed under
this chapter. Eligible beneficiaries will be responsible for
payment of any other fee that does not qualify as a services
and activities fee including, but not limited to, any expenses
for tuition surcharges, tuition overload fees, laboratory fees,
equipment fees, book fees, rental fees, room and board
charges, or fines. [1997 c 289 § 11.]
28B.95.900
Chapter 28B.97
Chapter 28B.97 RCW
WASHINGTON HIGHER EDUCATION
LOAN PROGRAM
Sections
28B.97.010 Washington higher education loan program.
28B.97.020 Definitions.
28B.97.010 Washington higher education loan program. (1) The Washington higher education loan program is
created. The program is created to assist students in need of
additional low-cost student loans and related loan benefits.
(2) The program shall be administered by the board. In
administering the program, the board must:
(a) Periodically assess the needs and target the benefits
to selected students;
(b) Devise a program to address the following issues
related to loans:
(i) Issuance of low-interest educational loans;
(ii) Determining loan repayment obligations and options;
(iii) Borrowing educational loans at low interest rates;
(iv) Developing conditional loans that can be forgiven in
exchange for service; and
(v) Creating an emergency loan fund to help students
until other state and federal long-term financing can be
secured;
(c) Accept public and private contributions;
(d) Publicize the program; and
(e) Work with public and private colleges and universities, the state board for community and technical colleges, the
workforce training and education coordinating board, and
with students, to conduct periodic assessment of program
needs. The board may also consult with other groups and
individuals as needed. [2009 c 215 § 13.]
28B.97.010
Findings—Intent—Effective date—2009 c 215: See notes following
RCW 28B.92.030.
[Title 28B RCW—page 227]
28B.97.020
Title 28B RCW: Higher Education
28B.97.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the higher education coordinating
board.
(2) "Institution of higher education" means a college or
university in the state of Washington that is accredited by an
accrediting association recognized as such by rule of the
board.
(3) "Program" means the Washington higher education
loan program.
(4) "Resident student" has the definition in RCW
28B.15.012(2) (a) through (d). [2009 c 215 § 14.]
28B.97.020
Findings—Intent—Effective date—2009 c 215: See notes following
RCW 28B.92.030.
Chapter 28B.101 RCW
EDUCATIONAL OPPORTUNITY GRANT
PROGRAM—PLACEBOUND STUDENTS
Chapter 28B.101
Sections
28B.101.005
28B.101.010
28B.101.020
28B.101.030
28B.101.040
28B.101.050
Finding—Intent.
Program created.
Definition—Eligibility.
Administration of program—Payments to participants.
Use of grants.
Consolidation of program.
Opportunity grant program: RCW 28B.50.271 and 28B.50.272.
28B.101.005 Finding—Intent. (Effective until August
1, 2011.) The legislature finds that many individuals in the
state of Washington have attended college and received an
associate of arts or associate of science degree, or the equivalent, but are placebound.
The legislature intends to establish an educational opportunity grant program for placebound students who have completed an associate of arts or associate of science degree, or
the equivalent, in an effort to increase their participation in
and completion of upper-division programs. [2003 c 233 § 1;
1990 c 288 § 2.]
28B.101.005
28B.101.010 Program created. (Effective until
August 1, 2011.) The educational opportunity grant program
is hereby created to serve placebound financially needy students by assisting them to obtain a baccalaureate degree at
public and private institutions of higher education approved
for participation by the higher education coordinating board.
[2003 c 233 § 2; 1990 c 288 § 3.]
28B.101.010
28B.101.020 Definition—Eligibility. (Effective until
August 1, 2011.) (1) For the purposes of this chapter, "placebound" means unable to complete a college program because
of family or employment commitments, health concerns,
monetary inability, or other similar factors.
(2) To be eligible for an educational opportunity grant,
applicants must be placebound residents of the state of Washington as defined in RCW 28B.15.012(2) (a) through (d),
wh o : ( a ) Ar e n e e d y st u d e n ts a s d e f in e d in RC W
28B.92.030(3); and (b) have completed the associate of arts
or associate of science degree or the equivalent. A placebound resident is one who may be influenced by the receipt
of an enhanced student financial aid award to complete a bac28B.101.020
[Title 28B RCW—page 228]
calaureate degree at an eligible institution. An eligible placebound applicant is further defined as a person who would be
unable to complete a baccalaureate course of study but for
receipt of an educational opportunity grant. [2004 c 275 § 67;
2003 c 233 § 3; 1990 c 288 § 4.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.101.030
28B.101.030 Administration of program—Payments
to participants. (Effective until August 1, 2011.) The
higher education coordinating board shall develop and
administer the educational opportunity grant program. The
board shall adopt necessary rules and guidelines and develop
criteria and procedures to select eligible participants in the
program. Payment shall be made directly to the eligible participant periodically upon verification of enrollment and satisfactory progress towards degree completion. [1990 c 288 §
5.]
28B.101.040
28B.101.040 Use of grants. (Effective until August 1,
2011.) Grants may be used by eligible participants to attend
any public or private college or university in the state of
Washington that is accredited by an accrediting association
recognized by rule of the higher education coordinating
board for the program and that complies with eligibility criteria established by rule of the higher education coordinating
board. The participant shall not be eligible for a grant if it
will be used for any programs that include religious worship,
exercise, or instruction or to pursue a degree in theology.
Each participating student may receive up to two thousand
five hundred dollars per academic year, not to exceed the student’s demonstrated financial need for the course of study.
[2003 c 233 § 4; 2002 c 186 § 3. Prior: 1993 sp.s. c 18 § 35;
1993 c 385 § 2; 1990 c 288 § 6.]
Additional notes found at www.leg.wa.gov
28B.101.050
28B.101.050 Consolidation of program. (Expires
August 1, 2011.) (1) The legislature intends to consolidate
the educational opportunity grant program over a period of
two years. As of August 1, 2009, no new educational opportunity grants may be made. Persons who have been selected
by the higher education coordinating board to receive a grant
before August 1, 2009, shall receive the full amount of their
award, not to exceed two thousand five hundred dollars per
academic year for a maximum of two years. All persons
awarded an educational opportunity grant before August 1,
2009, must complete using the award before August 1, 2011.
For these recipients, eligibility for the grant is forfeited after
this period.
(2) This section expires August 1, 2011. [2009 c 215 §
2.]
Findings—Intent—Effective date—2009 c 215: See notes following
RCW 28B.92.030.
(2010 Ed.)
Future Teachers Conditional Scholarship and Loan Repayment Program
Chapter 28B.102
Chapter 28B.102 RCW
FUTURE TEACHERS CONDITIONAL
SCHOLARSHIP AND LOAN
REPAYMENT PROGRAM
Sections
28B.102.010
28B.102.020
28B.102.030
28B.102.040
28B.102.045
28B.102.050
Intent—Legislative findings.
Definitions.
Program created—Powers and duties of board.
Selection of participants—Processes—Criteria.
Satisfactory progress required.
Award of conditional scholarships and loan repayments—
Amount—Duration.
28B.102.055 Loan repayment agreements—Rules.
28B.102.060 Repayment obligation.
28B.102.080 Future teachers conditional scholarship account.
28B.102.010 Intent—Legislative findings. The legislature finds that encouraging outstanding students to enter the
teaching profession is of paramount importance to the state of
Washington. By creating the future teachers conditional
scholarship and loan repayment program, the legislature
intends to assist in the effort to recruit as future teachers individuals who have distinguished themselves through outstanding academic achievement or demonstrated their commitment to teaching through work as a paraprofessional in the
public school system, and who can act as role models for children. The legislature urges business, industry, and philanthropic community organizations to join with state government in making this program successful. [2004 c 58 § 1;
1987 c 437 § 1.]
28B.102.010
28B.102.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders service as a
teacher in an approved education program in this state.
(2) "Institution of higher education" or "institution"
means a college or university in the state of Washington that
is accredited by an accrediting association recognized as such
by rule of the higher education coordinating board.
(3) "Board" means the higher education coordinating
board.
(4) "Eligible student" means a student who is registered
for at least six credit hours or the equivalent, demonstrates
high academic achievement, is a resident student as defined
by RCW 28B.15.012 and 28B.15.013, and has a declared
intention to complete an approved preparation program leading to initial teacher certification or required for earning an
additional endorsement, and commits to teaching service in
the state of Washington.
(5) "Public school" means an elementary school, a middle school, junior high school, or high school within the public school system referred to in Article IX of the state Constitution.
(6) "Forgiven" or "to forgive" or "forgiveness" means to
render service as a teacher in an approved education program
in the state of Washington in lieu of monetary repayment.
(7) "Satisfied" means paid-in-full.
(8) "Participant" means an eligible student who has
received a conditional scholarship or loan repayment under
this chapter.
28B.102.020
(2010 Ed.)
28B.102.040
(9) "Loan repayment" means a federal student loan that
is repaid in whole or in part if the recipient renders service as
a teacher in an approved education program in Washington
state.
(10) "Approved education program" means an education
program in the state of Washington for knowledge and skills
generally learned in preschool through twelfth grade.
Approved education programs may include but are not limited to:
(a) K-12 schools under Title 28A RCW; or
(b) Other K-12 educational sites in the state of Washington as designated by the board.
(11) "Equalization fee" means the additional amount
added to the principal of a loan under this chapter to equate
the debt to that which the student would have incurred if the
loan had been received through the federal subsidized
Stafford student loan program.
(12) "Teacher shortage area" means a shortage of elementary or secondary school teachers in a specific subject
area, discipline, classification, or geographic area as defined
by the office of the superintendent of public instruction.
[2004 c 58 § 2; 1996 c 53 § 1; 1993 sp.s. c 18 § 36; 1987 c 437
§ 2.]
Additional notes found at www.leg.wa.gov
28B.102.030 Program created—Powers and duties of
board. The future teachers conditional scholarship and loan
repayment program is established. The program shall be
administered by the higher education coordinating board. In
administering the program, the board shall have the following
powers and duties:
(1) Select students to receive conditional scholarships or
loan repayments;
(2) Adopt necessary rules and guidelines;
(3) Publicize the program;
(4) Collect and manage repayments from students who
do not meet their teaching obligations under this chapter; and
(5) Solicit and accept grants and donations from public
and private sources for the program. [2004 c 58 § 3; 1987 c
437 § 3.]
28B.102.030
28B.102.040 Selection of participants—Processes—
Criteria. (1) The board may select participants based on an
application process conducted by the board or the board may
utilize selection processes for similar students in cooperation
with the professional educator standards board or the office
of the superintendent of public instruction.
(2) If the board selects participants for the program, it
shall establish a selection committee for screening and selecting recipients of the conditional scholarships. The criteria
shall emphasize factors demonstrating excellence including
but not limited to superior scholastic achievement, leadership
ability, community contributions, bilingual ability, willingness to commit to providing teaching service in shortage
areas, and an ability to act as a role model for students. Priority will be given to individuals seeking certification or an
additional endorsement in math, science, technology education, agricultural education, business and marketing education, family and consumer science education, or special edu28B.102.040
[Title 28B RCW—page 229]
28B.102.045
Title 28B RCW: Higher Education
cation. [2008 c 170 § 306; 2005 c 518 § 918. Prior: 2004 c
276 § 905; 2004 c 275 § 68; 2004 c 58 § 4; 1987 c 437 § 4.]
Findings—Intent—Part headings not law—2008 c 170: See RCW
28A.700.005 and 28A.700.901.
Severability—Effective date—2005 c 518: See notes following RCW
28A.500.030.
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
(a) The terms of the agreement have been fulfilled;
(b) The participant fails to maintain continuous teaching
service as determined by the board; or
(c) All of the participant’s federal student loans have
been repaid.
(6) The board shall adopt rules governing loan repayments, including approved leaves of absence from continuous teaching service and other deferments as may be necessary. [2004 c 58 § 8.]
28B.102.060 Repayment obligation. (1) Participants
in the conditional scholarship program incur an obligation to
repay the conditional scholarship, with interest and an equalization fee, unless they teach for two years in an approved
education program for each year of scholarship received,
under rules adopted by the board. Participants who teach in a
designated teacher shortage area shall have one year of loan
canceled for each year they teach in the shortage area.
(2) The interest rate shall be determined annually by the
board. Participants who fail to complete the teaching service
shall incur an equalization fee based on the remaining unforgiven balance of the loan. The equalization fee shall be
added to the remaining balance and repaid by the participant.
(3) The minimum payment shall be set by the board. The
maximum period for repayment shall be ten years, with payments of principal and interest accruing quarterly commencing six months from the date the participant completes or discontinues the course of study. Provisions for deferral of payment shall be determined by the board.
(4) The entire principal and interest of each payment
shall be forgiven for each payment period in which the participant teaches in an approved education program until the
entire repayment obligation is satisfied. Should the participant cease to teach in an approved education program in this
state before the participant’s repayment obligation is completed, payments on the unsatisfied portion of the principal
and interest shall begin the next payment period and continue
until the remainder of the participant’s repayment obligation
is satisfied.
(5) The board is responsible for collection of repayments
made under this section and shall exercise due diligence in
such collection, maintaining all necessary records to insure
that maximum repayments are made. Collection and servicing of repayments under this section shall be pursued using
the full extent of the law, including wage garnishment if necessary. The board is responsible to forgive all or parts of such
repayments under the criteria established in this section and
shall maintain all necessary records of forgiven payments.
(6) Receipts from the payment of principal or interest or
any other subsidies to which the board as administrator is
entitled, which are paid by or on behalf of participants under
this section, shall be deposited in the future teachers conditional scholarship account and shall be used to cover the costs
of granting the conditional scholarships, maintaining necessary records, and making collections under subsection (5) of
this section. The board shall maintain accurate records of
these costs, and all receipts beyond those necessary to pay
such costs shall be used to grant conditional scholarships to
eligible students.
(7) The board shall adopt rules to define the terms of
repayment, including applicable interest rates, fees, and
28B.102.060
28B.102.045 Satisfactory progress required. To
receive additional disbursements under the program under
this chapter, a participant must be considered by his or her
institution of higher education to be in a satisfactory progress
condition. [2004 c 58 § 5; 1988 c 125 § 7.]
28B.102.045
Additional notes found at www.leg.wa.gov
28B.102.050 Award of conditional scholarships and
loan repayments—Amount—Duration. The board may
award conditional scholarships or provide loan repayments to
eligible participants from the funds appropriated to the board
for this purpose, or from any private donations, or any other
funds given to the board for this program. The amount of the
conditional scholarship or loan repayment awarded an individual shall not exceed the amount of tuition and fees at the
institution of higher education attended by the participant or
resident undergraduate tuition and fees at the University of
Washington per academic year for a full-time student, whichever is lower. Participants are eligible to receive conditional
scholarships or loan repayments for a maximum of five years.
[2004 c 58 § 6; 1987 c 437 § 5.]
28B.102.050
28B.102.055 Loan repayment agreements—Rules.
(1) Upon documentation of federal student loan indebtedness, the board may enter into agreements with participants to
repay all or part of a federal student loan in exchange for
teaching service in an approved educational program. The
ratio of loan repayment to years of teaching service for the
loan repayment program shall be the same as established for
the conditional scholarship program.
(2) The agreement shall specify the period of time it is in
effect and detail the obligations of the board and the participant, including the amount to be paid to the participant. The
agreement may also specify the geographic location and subject matter area of teaching service for which loan repayment
will be provided.
(3) At the end of each school year, a participant under
this section shall provide evidence to the board that the requisite teaching service has been provided. Upon receipt of the
evidence, the board shall pay the participant the agreed-upon
amount for one year of full-time teaching service or a prorated amount for less than full-time teaching service. To
qualify for additional loan repayments, the participant must
be engaged in continuous teaching service as defined by the
board.
(4) The board may, at its discretion, arrange to make the
loan repayment directly to the holder of the participant’s federal student loan.
(5) The board’s obligations to a participant under this
section shall cease when:
28B.102.055
[Title 28B RCW—page 230]
(2010 Ed.)
National Guard Conditional Scholarship Program
deferments. [2004 c 58 § 7; 1996 c 53 § 2; 1993 c 423 § 1;
1991 c 164 § 6; 1987 c 437 § 6.]
Additional notes found at www.leg.wa.gov
28B.102.080 Future teachers conditional scholarship
account. (1) The future teachers conditional scholarship
account is created in the custody of the state treasurer. An
appropriation is not required for expenditures of funds from
the account. The account is not subject to allotment procedures under chapter 43.88 RCW except for moneys used for
program administration.
(2) The board shall deposit in the account all moneys
received for the future teachers conditional scholarship and
loan repayment program and for conditional loan programs
under chapter 28A.660 RCW. The account shall be self-sustaining and consist of funds appropriated by the legislature
for the future teachers conditional scholarship and loan
repayment program, private contributions to the program,
receipts from participant repayments from the future teachers
conditional scholarship and loan repayment program, and
conditional loan programs established under chapter 28A.660
RCW. Beginning July 1, 2004, the board shall also deposit
into the account: (a) All funds from the institution of higher
education loan account that are traceable to any conditional
scholarship program for teachers or prospective teachers
established by the legislature before June 10, 2004; and (b)
all amounts repaid by individuals under any such program.
(3) Expenditures from the account may be used solely
for conditional loans and loan repayments to participants in
the future teachers conditional scholarship and loan repayment program established by this chapter, conditional scholarships for participants in programs established in chapter
28A.660 RCW, and costs associated with program administration by the board.
(4) Disbursements from the account may be made only
on the authorization of the board.
(5) During the 2009-2011 fiscal biennium, the legislature
may transfer from the future teachers conditional scholarship
account to the state general fund such amounts as reflect the
excess fund balance of the account. [2010 1st sp.s. c 37 §
917; 2007 c 396 § 9; 2004 c 58 § 9.]
28B.102.080
Effective date—2010 1st sp.s. c 37: See note following RCW
13.06.050.
Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W
28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.300.515.
Chapter 28B.103
Chapter 28B.103 RCW
NATIONAL GUARD CONDITIONAL
SCHOLARSHIP PROGRAM
Sections
28B.103.010 Definitions.
28B.103.020 Program established—Powers and duties of office.
28B.103.030 Repayment obligation.
28B.103.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this section and RCW 28B.103.020 and
28B.103.030.
28B.103.010
(2010 Ed.)
28B.103.020
(1) "Eligible student" means an enlisted member or an
officer of the rank of captain or below in the Washington
national guard who attends an institution of higher education
that is located in this state and accredited by the Northwest
Association of Schools and Colleges, or beginning September 1, 2006, an institution that is located in this state that provides approved training under the Montgomery GI Bill, and
who meets any additional selection criteria adopted by the
office.
(2) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders service as a
member of the Washington national guard under rules
adopted by the office.
(3) "Forgiven" or "to forgive" or "forgiveness" means
either to render service in the Washington national guard in
lieu of monetary repayment, or to be relieved of the service
obligation under rules adopted by the office.
(4) "Office" means the office of the adjutant general of
the state military department.
(5) "Participant" means an eligible student who has
received a conditional scholarship under this chapter.
(6) "Service obligation" means serving in the Washington national guard for one additional year for each year of
conditional scholarship received under this program. [2006 c
71 § 1; 2000 c 159 § 1; 1994 c 234 § 5.]
28B.103.020 Program established—Powers and
duties of office. The Washington state national guard conditional scholarship program is established. The program shall
be administered by the office. In administering the program,
the powers and duties of the office shall include, but need not
be limited to:
(1) The selection of eligible students to receive conditional scholarships;
(2) The award of conditional scholarships funded by federal and state funds, private donations, or repayments from
any participant who does not complete the participant’s service obligation. Use of state funds is subject to available
funds. The annual amount of each conditional scholarship
may vary, but shall not exceed the annual cost of undergraduate tuition fees and services and activities fees at the University of Washington, plus an allowance for books and supplies;
(3) The adoption of necessary rules and guidelines,
including establishing a priority for eligible students attending an institution of higher education located in this state that
is accredited by the Northwest Association of Schools and
Colleges;
(4) The adoption of participant selection criteria. The
criteria may include but need not be limited to requirements
for: Satisfactory progress, minimum grade point averages,
enrollment in courses or programs that lead to a baccalaureate
degree or an associate degree or a certificate, and satisfactory
participation as a member of the Washington national guard;
(5) The notification of participants of their additional
service obligation or required repayment of the conditional
scholarship; and
(6) The collection of repayments from participants who
do not meet the eligibility criteria or service obligations.
[2006 c 71 § 2; 1994 c 234 § 6.]
28B.103.020
[Title 28B RCW—page 231]
28B.103.030
Title 28B RCW: Higher Education
28B.103.030 Repayment obligation. (1) Participants
in the conditional scholarship program incur an obligation to
repay the conditional scholarship, with interest, unless they
serve in the Washington national guard for one additional
year for each year of conditional scholarship received, under
rules adopted by the office.
(2) The entire principal and interest of each yearly repayment shall be forgiven for each additional year in which a
participant serves in the Washington national guard, under
rules adopted by the office.
(3) If a participant elects to repay the conditional scholarship, the period of repayment shall be four years, with payments accruing quarterly commencing nine months from the
date that the participant leaves the Washington national guard
or withdraws from the institution of higher education, whichever comes first. The interest rate on the repayments shall be
eight percent per year. Provisions for deferral and forgiveness
shall be determined by the office.
(4) The office is responsible for collection of repayments
made under this section. The office shall exercise due diligence in such collection, maintaining all necessary records to
ensure that maximum repayments are made. Collection and
servicing of repayments under this section shall be pursued
using the full extent of law, including wage garnishment if
necessary. The office is responsible to forgive all or parts of
such repayments under the criteria established in this section,
and shall maintain all necessary records of forgiven payments. The office may contract with the higher education
coordinating board for collection of repayments under this
section.
(5) Receipts from the payment of principal or interest
paid by or on behalf of participants shall be deposited with
the office and shall be used to cover the costs of granting the
conditional scholarships, maintaining necessary records, and
making collections under subsection (4) of this section. The
office shall maintain accurate records of these costs, and all
receipts beyond those necessary to pay such costs shall be
used to grant conditional scholarships to eligible students.
[1994 c 234 § 7.]
28B.103.030
Chapter 28B.105 RCW
GET READY FOR MATH AND SCIENCE
SCHOLARSHIP PROGRAM
Chapter 28B.105
Sections
28B.105.010 GET ready for math and science scholarship program—Purpose—Awards.
28B.105.020 Definitions.
28B.105.030 Eligibility.
28B.105.040 Changes in eligibility—Consequences.
28B.105.050 Repayment obligation—Conditions.
28B.105.060 Office of the superintendent of public instruction—Duties.
28B.105.070 Higher education coordinating board—Duties.
28B.105.080 School districts—Duties.
28B.105.090 Program administrator—Duties.
28B.105.100 Higher education coordinating board and program administrator—Joint duties.
28B.105.110 GET ready for math and science scholarship account.
28B.105.010 GET ready for math and science scholarship program—Purpose—Awards. (1) The GET ready
for math and science scholarship program is established. The
purpose of the program is to provide scholarships to students
who achieve level four on the mathematics or science por28B.105.010
[Title 28B RCW—page 232]
tions of the tenth grade Washington assessment of student
learning or achieve a score in the math section of the SAT or
the math section of the ACT that is above the ninety-fifth percentile, major in a mathematics, science, or related field in
college, and commit to working in mathematics, science, or a
related field for at least three years in Washington following
completion of their bachelor’s degree. The program shall be
administered by the nonprofit organization selected as the
private partner in the public-private partnership.
(2) The total annual amount of each GET ready for math
and science scholarship may vary, but shall not exceed the
annual cost of resident undergraduate tuition fees and mandatory fees at the University of Washington. An eligible recipient may receive a GET ready for math and science scholarship for up to one hundred eighty quarter credits, or the
semester equivalent, or for up to five years, whichever comes
first.
(3) Scholarships shall be awarded only to the extent that
state funds and private matching funds are available for that
purpose in the GET ready for math and science [scholarship]
account established in RCW 28B.105.110. [2007 c 214 § 1.]
28B.105.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the higher education coordinating
board.
(2) "GET units" means tuition units under the advanced
college tuition payment program in chapter 28B.95 RCW.
(3) "Institution of higher education" has the same meaning as in RCW 28B.92.030.
(4) "Program administrator" means the private nonprofit
corporation that is registered under Title 24 RCW and qualified as a tax-exempt entity under section 501(c)(3) of the federal internal revenue code, that will serve as the private partner in the public-private partnership under this chapter.
(5) "Qualified program" or "qualified major" means a
mathematics, science, or related degree program or major
line of study offered by an institution of higher education that
is included on the list of programs or majors selected by the
b o a r d a n d th e p r o g r a m a d m in i st ra to r u n d e r R CW
28B.105.100. [2007 c 214 § 2.]
28B.105.020
28B.105.030 Eligibility. (1) An eligible student is a student who:
(a) Is eligible for resident tuition and fee rates as defined
in RCW 28B.15.012;
(b) Achieved level four on the mathematics or science
portion of the tenth grade Washington assessment of student
learning or achieved a score in the math section of the SAT or
the math section of the ACT that is above the ninety-fifth percentile;
(c) Has a family income at or below one hundred twentyfive percent of the state median family income at the time the
student applies for a GET ready for math and science scholarship and for up to the two previous years;
(d) Has declared an intention to complete a qualified program or qualified major or has entered a qualified program or
declared a qualified major at an institution of higher education;
28B.105.030
(2010 Ed.)
Get Ready for Math and Science Scholarship Program
(e) Has declared an intention to work in a mathematics,
science, or related field in Washington for at least three years
immediately following completion of a bachelor’s degree or
higher degree.
(2) An eligible recipient is an eligible student who:
(a) Has been awarded a scholarship in accordance with
the selection criteria and process established by the board and
the program administrator;
(b) Enrolls at an institution of higher education within
one year of graduating from high school;
(c) Maintains satisfactory academic progress, as defined
by the institution of higher education where the student is
enrolled;
(d) Takes at least one college-level mathematics or science course each term since enrolling in an institution of
higher education; and
(e) Enters a qualified program or qualified major no later
than the end of the first term in which the student has junior
level standing. [2007 c 214 § 3.]
28B.105.040 Changes in eligibility—Consequences.
(1) If the student enrolls in a qualified program or declares a
qualified major and the program or major is subsequently
removed from the list of qualified programs and qualified
majors by the board and the program administrator, the student’s eligibility to receive a GET ready for math and science
scholarship shall not be affected.
(2) If a student who received a GET ready for math and
science scholarship ceases to be enrolled in an institution of
higher education, withdraws or is no longer enrolled in a
qualified program, declares a major that is not a qualified
major, or otherwise is no longer eligible to receive a GET
ready for math and science scholarship, the student shall
notify the program administrator as soon as practicable and is
not eligible for further GET ready for math and science scholarship awards. Such a student shall also repay the amount of
the GET ready for math and science scholarship awarded to
the student as required by RCW 28B.105.050. [2007 c 214 §
4.]
28B.105.040
28B.105.050 Repayment obligation—Conditions. (1)
A recipient of a GET ready for math and science scholarship
incurs an obligation to repay the scholarship, with interest
and an equalization fee, if he or she does not:
(a) Graduate with a bachelor’s degree from a qualified
program or in a qualified major within five years of first
enrolling at an institution of higher education; and
(b) Work in Washington in a mathematics, science, or
related occupation full time for at least three years following
completion of a bachelor’s degree, unless he or she is
enrolled in a graduate degree program as provided in subsection (4) of this section.
(2) A former scholarship recipient who has earned a
bachelor’s degree shall annually verify to the board that he or
she is working full time in a mathematics, science, or related
field for three years.
(3) If a former scholarship recipient begins but then stops
working full time in a mathematics, science, or related field
within three years following completion of a bachelor’s
degree, he or she shall pay back a prorated portion of the
28B.105.050
(2010 Ed.)
28B.105.080
amount of the GET ready for math and science scholarship
award received by the recipient, plus interest and a prorated
equalization fee.
(4) A recipient may postpone for up to three years his or
her in-state work obligation if he or she enrolls full time in a
graduate degree program in mathematics, science, or a
related field. [2007 c 214 § 5.]
28B.105.060 Office of the superintendent of public
instruction—Duties. The office of the superintendent of
public instruction shall:
(1) Notify elementary, middle, junior high, high school,
and school district staff and administrators, and the children’s
administration of the department of social and health services
about the GET ready for math and science scholarship program using methods in place for communicating with schools
and school districts; and
(2) Provide data showing the race, ethnicity, income, and
other available demographic information of students who
achieve level four of the math and science Washington
assessment of student learning in the tenth grade. Compare
those data with comparable information on the tenth grade
student population as a whole. Submit a report with the analysis to the committees responsible for education and higher
education in the legislature on December 1st of even-numbered years. [2007 c 214 § 6.]
28B.105.060
28B.105.070 Higher education coordinating board—
Duties. The board shall:
(1) Purchase GET units to be owned and held in trust by
the board, for the purpose of scholarship awards as provided
for in this section;
(2) Distribute scholarship funds, in the form of GET
units or through direct payments from the GET ready for
math and science scholarship account, to institutions of
higher education on behalf of eligible recipients identified by
the program administrator;
(3) Provide the program administrator with annual
reports regarding enrollment, contact, and graduation information of GET ready for math and science scholarship recipients, if the recipients have given permission for the board to
do so;
(4) Collect repayments from former scholarship recipients who do not meet the eligibility criteria or work obligations;
(5) Establish rules for scholarship repayment, approved
leaves of absence, deferments, and exceptions to recognize
extenuating circumstances that may impact students; and
(6) Provide information to school districts in Washington, at least once per year, about the GET ready for math and
science scholarship program. [2007 c 214 § 7.]
28B.105.070
28B.105.080 School districts—Duties. School districts shall:
(1) Notify parents, teachers, counselors, and principals
about the GET ready for math and science scholarship program through existing channels. Notification methods may
include, but are not limited to, regular school district and
building communications, online scholarship bulletins and
announcements, notices posted on school walls and bulletin
28B.105.080
[Title 28B RCW—page 233]
28B.105.090
Title 28B RCW: Higher Education
boards, information available in each counselor’s office, and
school or district scholarship information sessions;
(2) Provide each student who achieves level four on the
mathematics or science high school Washington assessment
of student learning with information regarding the scholarship program and how to contact the program administrator.
[2007 c 214 § 8.]
28B.105.090 Program administrator—Duties. The
program administrator shall:
(1) Solicit and accept grants and donations from private
sources to match state funds appropriated for the GET ready
for math and science scholarship program;
(2) Develop and implement an application, selection,
and notification process for awarding GET ready for math
and science scholarships;
(3) Notify institutions of higher education of scholarship
recipients who will attend their institutions and inform them
of the terms of the students’ eligibility; and
(4) Report to private donors on the program outcomes
and facilitate contact between scholarship recipients and
donors, if the recipients have given the program administrator
permission to do so, in order for donors to offer employment
opportunities, internships, and career information to recipients. [2007 c 214 § 9.]
28B.105.090
28B.105.100 Higher education coordinating board
and program administrator—Joint duties. The board and
the program administrator shall jointly:
(1) Determine criteria for qualifying undergraduate programs, majors, and courses leading to a bachelor’s degree in
mathematics, science, or a related field, offered by institutions of higher education. The board shall publish the criteria
for qualified courses, and lists of qualified programs and
qualified majors on its web site on a biennial basis; and
(2) Establish criteria for selecting among eligible applicants those who, without scholarship assistance, would be
least likely to pursue a qualified undergraduate program at an
institution of higher education in Washington state. [2007 c
214 § 10.]
28B.105.100
28B.105.110 GET ready for math and science scholarship account. (1) The GET ready for math and science
scholarship account is created in the custody of the state treasurer.
(2) The board shall deposit into the account all money
received for the GET ready for math and science scholarship
program from appropriations and private sources. The
account shall be self-sustaining.
(3) Expenditures from the account shall be used for
scholarships to eligible students and for purchases of GET
units. Purchased GET units shall be owned and held in trust
by the board. Expenditures from the account shall be an
equal match of state appropriations and private funds raised
by the program administrator. During the 2009-2011 fiscal
biennium, expenditures from the account not to exceed five
percent may be used by the program administrator to carry
out the provisions of RCW 28B.105.090.
(4) With the exception of the operating costs associated
with the management of the account by the treasurer’s office
28B.105.110
[Title 28B RCW—page 234]
as authorized in chapter 43.79A RCW, the account shall be
credited with all investment income earned by the account.
(5) Disbursements from the account are exempt from
appropriations and the allotment provisions of chapter 43.88
RCW.
(6) Disbursements from the account shall be made only
on the authorization of the board.
(7) During the 2007-2009 fiscal biennium, the legislature
may transfer state appropriations to the GET ready for math
and science scholarship account that have not been matched
by private contributions to the state general fund.
(8) During the 2009-2011 fiscal biennium, the legislature
may transfer from the GET ready for math and science scholarship account to the state general fund such amounts as have
not been donated from or matched by private contributions.
[2010 1st sp.s. c 37 § 918. Prior: 2009 c 564 § 1807; 2009 c
564 § 920; 2008 c 329 § 908; 2007 c 214 § 11.]
Effective date—2010 1st sp.s. c 37: See note following RCW
13.06.050.
Effective date—2009 c 564: See note following RCW 2.68.020.
Severability—2008 c 329: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2008 c 329 § 928.]
Effective date—2008 c 329: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 1, 2008]." [2008 c 329 § 929.]
Chapter 28B.106 RCW
COLLEGE SAVINGS BOND PROGRAM
Chapter 28B.106
Sections
28B.106.005
28B.106.010
28B.106.020
28B.106.030
28B.106.040
28B.106.050
28B.106.060
28B.106.070
28B.106.080
28B.106.901
28B.106.902
Findings—Purpose.
Definitions.
Bond authorization—Issuance—Requirements.
Bond sale proceeds—Deposit—Use.
Higher education bond retirement fund of 1988—Creation—
Use—Use of debt-limit general fund bond retirement
account.
Additional means to raise money for bond retirement.
Bonds to be legal investment.
Publicity—Marketing strategies and educational programs.
Interest on bonds exempt from any state income tax.
Short title.
Severability—1988 c 125.
28B.106.005 Findings—Purpose. The legislature
finds it essential that this and future generations of children
be allowed the fullest opportunity to learn and to develop
their intellectual and mental capacities and skills at the postsecondary level. The legislature is greatly concerned about
the ever-increasing costs of obtaining higher education. The
purpose of this chapter is to assist Washington residents in
their quest for higher education and to encourage financial
planning to meet higher education costs by creating a college
savings bond program. [1988 c 125 § 8.]
28B.106.005
28B.106.010 Definitions. The following definitions
shall apply throughout this chapter, unless the context clearly
indicates otherwise:
(1) "College savings bonds" or "bonds" are Washington
state general obligation bonds, issued under the authority of
and in accordance with this chapter.
28B.106.010
(2010 Ed.)
College Savings Bond Program
(2) "Board" means the higher education coordinating
board, or any successor thereto. [1988 c 125 § 9.]
28B.106.020 Bond authorization—Issuance—
Requirements. For the purpose of providing funds for the
acquisition, construction, remodeling, furnishing, and equipping of state buildings and facilities for the state institutions
of higher education, including facilities for the *state community college system, and to provide for the administrative
costs of such projects, including costs of bond issuance and
retirement, salaries and related costs of officials and employees of the state, costs of credit enhancement agreements, and
other expenses incidental to the administration of capital
projects, the state finance committee is authorized to issue
college savings bonds of the state of Washington in the sum
of fifty million dollars, or so much thereof as may be
required, to finance these projects and all costs incidental
thereto.
Bonds authorized in this section shall be sold in such a
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. The
bonds shall not be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds. The
state finance committee may obtain insurance or letters of
credit and may authorize the execution and delivery of agreements, promissory notes, and other obligations for the purpose of insuring the payment or enhancing the marketability
of college savings bonds authorized in this section. Promissory notes or other obligations issued pursuant to this section
shall not constitute a debt or the contracting of indebtedness
under any constitutional or statutory indebtedness limitation
if their payment is conditioned upon the failure of the state to
pay the principal of or interest on the bonds with respect to
which the same relate.
If, and to the extent that the state finance committee
determines it is economically feasible and in the best interest
of the state, the bonds shall be sold at a deep discount from
their par value.
College savings bonds authorized under this section
shall be sold in accordance with chapter 39.42 RCW. [1988
c 125 § 10.]
28B.106.020
*Reviser’s note: The state board for community college education was
renamed the state board for community and technical colleges by 1991 c 238
§ 30.
28B.106.030 Bond sale proceeds—Deposit—Use.
The proceeds from the sale of the bonds authorized in RCW
28B.106.020 shall be deposited in the state building construction account of the general fund in the state treasury, and shall
be used exclusively for the purposes specified in RCW
28B.106.020 and for the payment of expenses incurred in the
issuance and sale of the college savings bonds. [1988 c 125
§ 11.]
28B.106.902
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
for principal and interest on such bonds in accordance with
the provisions of the bond proceedings. The state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the state higher education
bond retirement fund of 1988, such amounts and at such
times as are required by the bond proceedings. If directed by
the state finance committee by resolution, the state higher
education bond retirement fund of 1988, or any portion
thereof, may be deposited in trust with any qualified public
depository.
The owner and holder of each of the college savings
bonds or the trustee for the owner and holder of any of the
college savings bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as
directed in this section.
If a debt-limit general fund bond retirement account is
created in the state treasury by chapter 456, Laws of 1997 and
becomes effective prior to the issuance of any of the bonds
authorized by this chapter, the debt-limit general fund bond
retirement account shall be used for the purposes of this chapter in lieu of the state higher education bond retirement fund
of 1988. [1997 c 456 § 11; 1988 c 125 § 12.]
Additional notes found at www.leg.wa.gov
28B.106.050 Additional means to raise money for
bond retirement. The legislature may provide additional
means for raising moneys for the payment of the principal of
and interest on the college savings bonds. RCW 28B.106.040
shall not be deemed to provide an exclusive method for the
payment thereof. [1988 c 125 § 13.]
28B.106.050
28B.106.060 Bonds to be legal investment. The college savings bonds shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1988 c 125 § 14.]
28B.106.060
28B.106.070 Publicity—Marketing strategies and
educational programs. The board and the state finance
committee shall create and implement marketing strategies
and educational programs designed to publicize the college
savings bond program to Washington residents. [1988 c 125
§ 16.]
28B.106.070
28B.106.030
28B.106.040 Higher education bond retirement fund
of 1988—Creation—Use—Use of debt-limit general fund
bond retirement account. The state higher education bond
retirement fund of 1988 is hereby created in the state treasury, and shall be used for the payment of principal and interest on the college savings bonds.
28B.106.080 Interest on bonds exempt from any state
income tax. Any interest earned on the bonds shall not be
income for the purposes of any state income tax. [1988 c 125
§ 17.]
28B.106.080
28B.106.901 Short title. This chapter may be known
and cited as the college savings bond act of 1988. [1988 c
125 § 18.]
28B.106.901
28B.106.040
(2010 Ed.)
28B.106.902 Severability—1988 c 125. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1988 c 125 § 20.]
28B.106.902
[Title 28B RCW—page 235]
Chapter 28B.108
Title 28B RCW: Higher Education
Chapter 28B.108 RCW
AMERICAN INDIAN
ENDOWED SCHOLARSHIP PROGRAM
28B.108.005 Findings.
28B.108.010 Definitions.
28B.108.020 Program created—Duties of the higher education coordinating board—Screening committee.
28B.108.030 Advisory committee.
28B.108.040 Award of scholarships—Amount—Duration.
28B.108.060 Scholarship endowment fund.
(4) Accepting and depositing donations into the endowment fund created in RCW 28B.108.060;
(5) Requesting from the state investment board and
accepting from the state treasurer moneys earned from the
endowment fund created in RCW 28B.108.060;
(6) Soliciting and accepting grants and donations from
public and private sources for the program; and
(7) Naming scholarships in honor of those American
Indians from Washington who have acted as role models.
[2009 c 259 § 1; 1990 c 287 § 3.]
28B.108.005 Findings. The legislature recognizes the
benefit to our state and nation of providing equal educational
opportunities for all races and nationalities. The legislature
finds that American Indian students are underrepresented in
Washington’s colleges and universities. The legislature also
finds that past discriminatory practices have resulted in this
underrepresentation. Creating an endowed scholarship program to help American Indian students obtain a higher education will help to rectify past discrimination by providing a
means and an incentive for American Indian students to pursue a higher education. The state will benefit from contributions made by American Indians who participate in a program of higher education. [1990 c 287 § 1.]
28B.108.030 Advisory committee. The higher education coordinating board shall establish an advisory committee
to assist in program design and to develop criteria for the
screening and selection of scholarship recipients. The committee shall be composed of representatives of the same
groups as the screening committee described in RCW
28B.108.020. The criteria shall assess the student’s social and
cultural ties to an American Indian community within the
state. The criteria shall include a priority for upper-division
or graduate students. The criteria may include a priority for
students who are majoring in program areas in which expertise is needed by the state’s American Indians. [1991 c 228 §
11; 1990 c 287 § 4.]
28B.108.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Institution of higher education" or "institution"
means a college or university in the state of Washington
which is accredited by an accrediting association recognized
as such by rule of the higher education coordinating board.
(2) "Board" means the higher education coordinating
board.
(3) "Eligible student" or "student" means an American
Indian who is a financially needy student, as defined in RCW
28B.92.030, who is a resident student, as defined by RCW
28B.15.012(2), who is a full-time student at an institution of
higher education, and who promises to use his or her education to benefit other American Indians. [2004 c 275 § 69;
1991 c 228 § 10; 1990 c 287 § 2.]
28B.108.040 Award of scholarships—Amount—
Duration. The board may award scholarships to eligible students from moneys earned from the endowment fund created
in RCW 28B.108.060, or from funds appropriated to the
board for this purpose, or from any private donations, or from
any other funds given to the board for this program. For an
undergraduate student, the amount of the scholarship shall
not exceed the student’s demonstrated financial need. For a
graduate student, the amount of the scholarship shall not
exceed the student’s demonstrated need; or the stipend of a
teaching assistant, including tuition, at the University of
Washington; whichever is higher. In calculating a student’s
need, the board shall consider the student’s costs for tuition,
fees, books, supplies, transportation, room, board, personal
expenses, and child care. The student’s scholarship awarded
under this chapter shall not exceed the amount received by a
student attending a state research university. A student is eligible to receive a scholarship for a maximum of five years.
However, the length of the scholarship shall be determined at
the discretion of the board. [1990 c 287 § 5.]
Chapter 28B.108
Sections
28B.108.005
28B.108.010
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.108.020 Program created—Duties of the higher
education coordinating board—Screening committee.
The American Indian endowed scholarship program is created. The program shall be administered by the higher education coordinating board. In administering the program, the
board’s powers and duties shall include but not be limited to:
(1) Selecting students to receive scholarships, with the
assistance of a screening committee composed of persons
involved in helping American Indian students to obtain a
higher education. The membership of the committee may
include, but is not limited to representatives of: Indian tribes,
urban Indians, the governor’s office of Indian affairs, the
Washington state Indian education association, and institutions of higher education;
(2) Adopting necessary rules and guidelines;
(3) Publicizing the program;
28B.108.020
[Title 28B RCW—page 236]
28B.108.030
28B.108.040
28B.108.060 Scholarship endowment fund. The
American Indian scholarship endowment fund is created in
the custody of the state treasurer. The investment of the
endowment fund shall be managed by the state investment
board. Funds appropriated by the legislature for the endowment fund must be deposited into the fund.
(1) Moneys received from the higher education coordinating board, private donations, state moneys, and funds
received from any other source may be deposited into the
endowment fund. Private moneys received as a gift subject
to conditions may be deposited into the fund.
(2) At the request of the higher education coordinating
board, the state investment board shall release earnings from
the endowment fund to the state treasurer. The state treasurer
28B.108.060
(2010 Ed.)
Washington International Exchange Scholarship Program
shall then release those funds at the request of the higher education coordinating board for scholarships. No appropriation
is required for expenditures from the endowment fund.
(3) When notified by the higher education coordinating
board that a condition attached to a gift of private moneys in
the fund has failed, the state investment board shall release
those moneys to the higher education coordinating board.
The higher education coordinating board shall then release
the moneys to the donors according to the terms of the conditional gift.
(4) The principal of the endowment fund shall not be
invaded. The release of moneys under subsection (3) of this
section shall not constitute an invasion of corpus.
(5) The earnings on the fund shall be used solely for the
purposes set forth in RCW 28B.108.040, except when the
terms of a conditional gift of private moneys in the fund
require that a portion of earnings on such moneys be reinvested in the fund. [2009 c 259 § 2; 2007 c 73 § 2; 1993 c 372
§ 1; 1991 sp.s. c 13 § 110; 1990 c 287 § 7.]
Additional notes found at www.leg.wa.gov
28B.109.030
Findings—Purpose—1996 c 253: "(1) The legislature finds that:
(a) Educational, cultural, and business exchange programs are important in developing mutually beneficial relationships between Washington
state and other countries;
(b) Enhanced international trade, cultural, and educational opportunities are developed when cities, counties, ports, and others establish sister
relationships with their counterparts in other countries;
(c) It is important to the economic future of the state to promote international awareness and understanding; and
(d) The state’s economy and economic well-being depend heavily on
foreign trade and international exchanges.
(2) The legislature declares that the purpose of chapter 253, Laws of
1996 is to:
(a) Enhance Washington state’s ability to develop relationships and
contacts throughout the world enabling us to expand international education
and trade opportunities for all citizens of the state;
(b) Develop and maintain an international database of contacts in international trade markets;
(c) Encourage outstanding international students who reside in countries with existing trade relationships to attend Washington state’s institutions of higher education; and
(d) Encourage Washington students to attend institutions of higher
education located in countries with existing trading relationships with Washington state." [1996 c 253 § 1.]
Additional notes found at www.leg.wa.gov
28B.109.020 Washington international exchange
scholarship program—Administration by higher education coordinating board. The Washington international
exchange scholarship program is created subject to funding
under RCW 28B.109.060. The program shall be administered
by the board. In administering the program, the board may:
(1) Convene an advisory committee that may include but
need not be limited to representatives of the office of the
superintendent of public instruction, the *department of community, trade, and economic development, the secretary of
state, private business, and institutions of higher education;
(2) Select students to receive the scholarship with the
assistance of a screening committee composed of leaders in
business, international trade, and education;
(3) Adopt necessary rules and guidelines including rules
for disbursing scholarship funds to participants;
(4) Publicize the program;
(5) Solicit and accept grants and donations from public
and private sources for the program;
(6) Establish and notify participants of service obligations; and
(7) Establish a formula for selecting the countries from
which participants may be selected in consultation with the
*department of community, trade, and economic development. [1996 c 253 § 402.]
28B.109.020
Chapter 28B.109 RCW
WASHINGTON INTERNATIONAL EXCHANGE
SCHOLARSHIP PROGRAM
Chapter 28B.109
Sections
28B.109.010 Definitions.
28B.109.020 Washington international exchange scholarship program—
Administration by higher education coordinating board.
28B.109.030 Reciprocal agreements to attend foreign institutions.
28B.109.040 Washington international exchange student scholarships.
28B.109.050 Washington international exchange trust fund.
28B.109.060 Washington international exchange scholarship endowment
fund.
28B.109.070 Washington international exchange scholarship endowment
fund—State matching funds.
28B.109.080 Scholarship recipients—Service obligation.
28B.109.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the higher education coordinating
board.
(2) "Eligible participant" means an international student
whose country of residence has a trade relationship with the
state of Washington.
(3) "Institution of higher education" or "institution"
means a college or university in the state of Washington that
is accredited by an accrediting association recognized as such
by rule of the board.
(4) "Service obligation" means volunteering for a minimum number of hours as established by the board based on
the amount of scholarship award, to speak to or teach groups
of Washington citizens, including but not limited to elementary, middle, and high schools, service clubs, and universities.
(5) "Washington international exchange scholarship program" means a scholarship award for a period not to exceed
one academic year to attend a Washington institution of
higher education made to an international student whose
country has an established trade relationship with Washington. [1996 c 253 § 401.]
28B.109.010
(2010 Ed.)
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
28B.109.030 Reciprocal agreements to attend foreign
institutions. The board may negotiate and enter into a reciprocal agreement with foreign countries that have international
students attending institutions in Washington. The goal of the
reciprocal agreements shall be to allow Washington students
enrolled in an institution of higher education to attend an
international institution under similar terms and conditions.
[1996 c 253 § 403.]
28B.109.030
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
[Title 28B RCW—page 237]
28B.109.040
Title 28B RCW: Higher Education
28B.109.040
28B.109.040 Washington international exchange student scholarships. If funds are available, the board shall
select students yearly to receive a Washington international
exchange student scholarship from moneys earned from the
Washington international exchange scholarship endowment
fund created in RCW 28B.109.060, from funds appropriated
to the board for this purpose, or from any private donations,
or from any other funds given to the board for this program.
[1996 c 253 § 404.]
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
28B.109.050
28B.109.050 Washington international exchange
trust fund. The Washington international exchange trust
fund is established in the custody of the state treasurer. Any
funds appropriated by the legislature for the trust fund shall
be deposited into the fund. At the request of the board, and
when conditions set forth in RCW 28B.109.070 are met, the
treasurer shall deposit state matching moneys from the Washington international exchange trust fund into the Washington
international exchange scholarship endowment fund. No
appropriation is required for expenditures from the trust fund.
[1996 c 253 § 405.]
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
28B.109.060
28B.109.060 Washington international exchange
scholarship endowment fund. The Washington international exchange scholarship endowment fund is established
in the custody of the state treasurer. Moneys received from
the private donations and funds received from any other
source may be deposited into the endowment fund. At the
request of the board, the treasurer shall release earnings from
the endowment fund to the board for scholarships. No appropriation is required for expenditures from the endowment
fund. The principal of the endowment fund shall not be
invaded. The earnings on the fund shall be used solely for the
purposes in this chapter. [1996 c 253 § 406.]
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
28B.109.070
28B.109.070 Washington international exchange
scholarship endowment fund—State matching funds.
The board may request that the treasurer deposit state matching funds into the Washington international exchange scholarship endowment fund when the board can match the state
funds with an equal amount of private cash donations, including conditional gifts. [1996 c 253 § 407.]
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
28B.109.080
28B.109.080 Scholarship recipients—Service obligation. Each Washington international exchange scholarship
recipient shall agree to complete the service obligation as
defined by the board. [1996 c 253 § 408.]
Findings—Purpose—Severability—Part headings not law—1996 c
253: See notes following RCW 28B.109.010.
[Title 28B RCW—page 238]
Chapter 28B.110 RCW
GENDER EQUALITY IN HIGHER EDUCATION
Chapter 28B.110
Sections
28B.110.010
28B.110.020
28B.110.030
28B.110.040
28B.110.050
28B.110.060
28B.110.070
28B.110.900
Discrimination prohibited.
Definitions.
Rules and guidelines.
Compliance—Reports—Community colleges.
Violation of chapter.
Existing law and procedures.
Distribution to students.
Severability—1989 c 341.
28B.110.010 Discrimination prohibited. Article
XXXI, section 1, Amendment 61 of the Washington state
Constitution requires equal treatment of all citizens, regardless of gender. Recognizing the benefit to our state and nation
of equal educational opportunities for all students, discrimination on the basis of gender against any student in the institutions of higher education of Washington state is prohibited.
[1989 c 341 § 1.]
28B.110.010
28B.110.020 Definitions. For purposes of this chapter,
"institutions of higher education" or "institutions" include the
state universities, regional universities, The Evergreen State
College, and the community colleges. [1989 c 341 § 2.]
28B.110.020
28B.110.030 Rules and guidelines. In consultation
with institutions of higher education, the higher education
coordinating board shall develop rules and guidelines to
eliminate possible gender discrimination to students, including sexual harassment, at institutions of higher education as
defined in RCW 28B.10.016. The rules and guidelines shall
include but not be limited to access to academic programs,
student employment, counseling and guidance services,
financial aid, recreational activities including club sports, and
intercollegiate athletics.
(1) With respect to higher education student employment, all institutions shall be required to:
(a) Make no differentiation in pay scales on the basis of
gender;
(b) Assign duties without regard to gender except where
there is a bona fide occupational qualification as approved by
the Washington human rights commission;
(c) Provide the same opportunities for advancement to
males and females; and
(d) Make no difference in the conditions of employment
on the basis of gender in areas including, but not limited to,
hiring practices, leaves of absence, and hours of employment.
(2) With respect to admission standards, admissions to
academic programs shall be made without regard to gender.
(3) Counseling and guidance services for students shall
be made available to all students without regard to gender.
All academic and counseling personnel shall be required to
stress access to all career and vocational opportunities to students without regard to gender.
(4) All academic programs shall be available to students
without regard to gender.
(5) With respect to recreational activities, recreational
activities shall be offered to meet the interests of students.
Institutions which provide the following shall do so with no
disparities based on gender: Equipment and supplies; medical care; services and insurance; transportation and per diem
28B.110.030
(2010 Ed.)
Health Professional Conditional Scholarship Program
allowances; opportunities to receive coaching and instruction; laundry services; assignment of game officials; opportunities for competition, publicity, and awards; and scheduling
of games and practice times, including use of courts, gyms,
and pools. Each institution which provides showers, toilets,
lockers, or training room facilities for recreational purposes
shall provide comparable facilities for both males and
females.
(6) With respect to financial aid, financial aid shall be
equitably awarded by type of aid, with no disparities based on
gender.
(7) With respect to intercollegiate athletics, institutions
that provide the following shall do so with no disparities
based on gender:
(a) Benefits and services including, but not limited to,
equipment and supplies; medical services; services and insurance; transportation and per diem allowances; opportunities
to receive coaching and instruction; scholarships and other
forms of financial aid; conditioning programs; laundry services; assignment of game officials; opportunities for competition, publicity, and awards; and scheduling of games and
practice times, including use of courts, gyms, and pools. Each
institution which provides showers, toilets, lockers, or training room facilities for athletic purposes shall provide comparable facilities for both males and females.
(b) Opportunities to participate in intercollegiate athletics. Institutions shall provide equitable opportunities to male
and female students.
(c) Male and female coaches and administrators. Institutions shall attempt to provide some coaches and administrators of each gender to act as role models for male and female
athletes.
(8) Each institution shall develop and distribute policies
and procedures for handling complaints of sexual harassment. [1989 c 341 § 3.]
28B.110.040 Compliance—Reports—Community
colleges. The executive director of the higher education
coordinating board, in consultation with the council of presidents and the state board for community and technical colleges, shall monitor the compliance by institutions of higher
education with this chapter.
(1) The board shall establish a timetable and guidelines
for compliance with this chapter.
(2) By November 30, 1990, each institution shall submit
to the board for approval a plan to comply with the requirements of RCW 28B.110.030. The plan shall contain measures
to ensure institutional compliance with the provisions of this
chapter by September 30, 1994. If participation in activities,
such as intercollegiate athletics and matriculation in academic programs is not proportionate to the percentages of
male and female enrollment, the plan should outline efforts to
identify barriers to equal participation and to encourage gender equity in all aspects of college and university life.
(3) The board shall report every four years, beginning
December 31, 1998, to the governor and the higher education
committees of the house of representatives and the senate on
institutional efforts to comply with this chapter. The report
shall include recommendations on measures to assist institutions with compliance. This report may be combined with the
report required in RCW 28B.15.465.
28B.110.040
(2010 Ed.)
28B.115.010
(4) The board may delegate to the state board for community and technical colleges any or all responsibility for
community college compliance with the provisions of this
chapter. [1997 c 5 § 5; 1989 c 341 § 4.]
Additional notes found at www.leg.wa.gov
28B.110.050 Violation of chapter. A violation of this
chapter shall constitute an unfair practice under chapter 49.60
RCW, the law against discrimination. All rights and remedies
under chapter 49.60 RCW, including the right to file a complaint with the human rights commission and to bring a civil
action, shall apply. [1989 c 341 § 5.]
28B.110.050
28B.110.060 Existing law and procedures. This chapter shall supplement, and shall not supersede, existing law
and procedures relating to unlawful discrimination based on
gender. [1989 c 341 § 6.]
28B.110.060
28B.110.070 Distribution to students. Institutions of
higher education shall distribute copies of the provisions of
this chapter to all students. [1989 c 341 § 7.]
28B.110.070
28B.110.900 Severability—1989 c 341. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1989 c 341 § 8.]
28B.110.900
Chapter 28B.115 RCW
HEALTH PROFESSIONAL CONDITIONAL
SCHOLARSHIP PROGRAM
Chapter 28B.115
Sections
28B.115.010
28B.115.020
28B.115.030
28B.115.040
28B.115.050
28B.115.060
28B.115.070
28B.115.080
28B.115.090
28B.115.100
28B.115.110
28B.115.120
28B.115.130
28B.115.140
28B.115.900
28B.115.901
28B.115.902
Legislative findings.
Definitions.
Program established—Duties of board.
Technical assistance for rural communities.
Planning committee—Criteria for selecting participants.
Eligible credentialed health care professions—Required service obligations.
Eligible credentialed health care professions—Health professional shortage areas.
Annual award amount—Scholarship preferences—Required
service obligations.
Loan repayment and scholarship awards.
Discrimination by participants prohibited—Violation.
Participant obligation—Repayment obligation.
Participant obligation—Scholarships.
Health professional loan repayment and scholarship program
fund.
Transfer of program administration.
Effective date—1989 1st ex.s. c 9.
Severability—1989 1st ex.s. c 9.
Application to scope of chapter—Captions not law—1991 c
332.
Maternity care provider loan repayment: RCW 74.09.820.
Rural health access account: RCW 43.70.325.
28B.115.010 Legislative findings. The legislature
finds that changes in demographics, the delivery of health
care services, and an escalation in the cost of educating health
professionals has resulted in shortages of health professionals. A poor distribution of health care professionals has
resulted in a surplus of some professionals in some areas of
the state and a shortage of others in other parts of the state
such as in the more rural areas. The high cost of health pro28B.115.010
[Title 28B RCW—page 239]
28B.115.020
Title 28B RCW: Higher Education
fessional education requires that health care practitioners
command higher incomes to repay the financial obligations
incurred to obtain the required training. Health professional
shortage areas are often areas that have troubled economies
and lower per capita incomes. These areas often require more
services because the health care needs are greater due to poverty or because the areas are difficult to service due to geographic circumstances. The salary potentials for shortage
areas are often not as favorable when compared to nonshortage areas and practitioners are unable to serve. The legislature further finds that encouraging health professionals to
serve in shortage areas is essential to assure continued access
to health care for persons living in these parts of the state.
[1989 1st ex.s. c 9 § 716. Formerly RCW 18.150.010.]
28B.115.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the higher education coordinating
board.
(2) "Department" means the state department of health.
(3) "Eligible education and training programs" means
education and training programs approved by the department
that lead to eligibility for a credential as a credentialed health
care professional.
(4) "Eligible expenses" means reasonable expenses associated with the costs of acquiring an education such as
tuition, books, equipment, fees, room and board, and other
expenses determined by the board.
(5) "Eligible student" means a student who has been
accepted into an eligible education or training program and
has a declared intention to serve in a health professional
shortage area upon completion of the education or training
program.
(6) "Forgiven" or "to forgive" or "forgiveness" means to
render health care services in a health professional shortage
area in the state of Washington in lieu of monetary repayment.
(7) "Health professional shortage areas" means those
areas where credentialed health care professionals are in
short supply as a result of geographic maldistribution or as
the result of a short supply of credentialed health care professionals in specialty health care areas and where vacancies
exist in serious numbers that jeopardize patient care and pose
a threat to the public health and safety. The department shall
determine health professional shortage areas as provided for
in RCW 28B.115.070, or until June 1, 1992, as provided for
in RCW 28B.115.060. In making health professional shortage area designations in the state the department may be
guided by applicable federal standards for "health manpower
shortage areas," and "medically underserved areas," and
"medically underserved populations."
(8) "Credentialed health care profession" means a health
care profession regulated by a disciplining authority in the
state of Washington under RCW 18.130.040 or by the state
board of pharmacy under chapter 18.64 RCW and designated
by the department in RCW 28B.115.070, or until June 1,
1992, as established in RCW 28B.115.060 as a profession
having shortages of credentialed health care professionals in
the state.
28B.115.020
[Title 28B RCW—page 240]
(9) "Credentialed health care professional" means a person regulated by a disciplining authority in the state of Washington to practice a health care profession under RCW
18.130.040 or by the state board of pharmacy under chapter
18.64 RCW.
(10) "Loan repayment" means a loan that is paid in full
or in part if the participant renders health care services in a
health professional shortage area as defined by the department.
(11) "Nonshortage rural area" means a nonurban area of
the state of Washington that has not been designated as a
rural physician shortage area. The department shall identify
the nonshortage rural areas of the state.
(12) "Participant" means a credentialed health care professional who has received a loan repayment award and has
commenced practice as a credentialed health care provider in
a designated health professional shortage area or an eligible
student who has received a scholarship under this program.
(13) "Program" means the health professional loan
repayment and scholarship program.
(14) "Required service obligation" means an obligation
by the participant to provide health care services in a health
professional shortage area for a period to be established as
provided for in this chapter.
(15) "Rural physician shortage area" means rural geographic areas where primary care physicians are in short supply as a result of geographic maldistributions and where their
limited numbers jeopardize patient care and pose a threat to
public health and safety. The department shall designate rural
physician shortage areas.
(16) "Satisfied" means paid-in-full.
(17) "Scholarship" means a loan that is forgiven in whole
or in part if the recipient renders health care services in a
health professional shortage area.
(18) "Sponsoring community" means a rural hospital or
hospitals as authorized in chapter 70.41 RCW, a rural health
care facility or facilities as authorized in chapter 70.175
RCW, or a city or county government or governments. [1991
c 332 § 15; 1989 1st ex.s. c 9 § 717. Formerly RCW
18.150.020.]
28B.115.030 Program established—Duties of board.
The health professional loan repayment and scholarship program is established for credentialed health professionals serving in health professional shortage areas. The program shall
be administered by the higher education coordinating board.
In administrating this program, the board shall:
(1) Select credentialed health care professionals to participate in the loan repayment portion of the loan repayment
and scholarship program and select eligible students to participate in the scholarship portion of the loan repayment and
scholarship program;
(2) Adopt rules and develop guidelines to administer the
program;
(3) Collect and manage repayments from participants
who do not meet their service obligations under this chapter;
(4) Publicize the program, particularly to maximize participation among individuals in shortage areas and among
populations expected to experience the greatest growth in the
workforce;
28B.115.030
(2010 Ed.)
Health Professional Conditional Scholarship Program
(5) Solicit and accept grants and donations from public
and private sources for the program; and
(6) Develop criteria for a contract for service in lieu of
the service obligation where appropriate, that may be a combination of service and payment. [1991 c 332 § 16; 1989 1st
ex.s. c 9 § 718. Formerly RCW 18.150.030.]
28B.115.040 Technical assistance for rural communities. The department may provide technical assistance to
rural communities desiring to become sponsoring communities for the purposes of identification of prospective students
for the program, assisting prospective students to apply to an
eligible education and training program, making formal
agreements with prospective students to provide credentialed
health care services in the community, forming agreements
between rural communities in a service area to share credentialed health care professionals, and fulfilling any matching
requirements. [1991 c 332 § 17.]
28B.115.040
28B.115.050 Planning committee—Criteria for
selecting participants. The board shall establish a planning
committee to assist it in developing criteria for the selection
of participants. The board shall include on the planning committee representatives of the department, the department of
social and health services, appropriate representatives from
health care facilities, provider groups, consumers, the state
board for community and technical colleges, the superintendent of public instruction, and other appropriate public and
private agencies and organizations. The criteria may require
that some of the participants meet the definition of "needy
student" under RCW 28B.92.030. [2004 c 275 § 70; 1991 c
332 § 18; 1989 1st ex.s. c 9 § 719. Formerly RCW
18.150.040.]
28B.115.050
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.115.060 Eligible credentialed health care professions—Required service obligations. Until June 1, 1992,
the board, in consultation with the department, shall:
(1) Establish loan repayments for persons authorized to
practice one of the following credentialed health care professions: Medicine pursuant to chapter 18.57, 18.57A, 18.71 or
18.71A RCW, nursing pursuant to *chapter 18.78 or 18.88
RCW, or dentistry pursuant to chapter 18.32 RCW. The
amount of the loan repayment shall not exceed fifteen thousand dollars per year for a maximum of five years per individual. The required service obligation in a health professional shortage area for loan repayment shall be three years;
(2) Establish a scholarship program for eligible students
who have been accepted into an eligible education or training
program leading to a credential in one of the following credentialed health care professions: Nursing pursuant to
*chapter 18.78 or 18.88 RCW who declare the intent to serve
in a nurse shortage area as defined by the department upon
completion of an education or training program and agree to
a five-year service obligation. The amount of the scholarship
shall not exceed three thousand dollars per year for a maximum of five years;
(3) Establish a scholarship program for eligible students
who have been accepted into an eligible education or training
28B.115.060
(2010 Ed.)
28B.115.070
program leading to a credential in one of the following credentialed health care professions: Medicine pursuant to
chapter 18.57 or 18.71 RCW who declare an intent to serve as
a primary care physician in a rural area in the state of Washington upon completion of the education program and agree
to a five-year service obligation and who may receive a
scholarship of no more than fifteen thousand dollars per year
for five years.
In determining scholarship awards for prospective physicians, the selection criteria shall include requirements that
recipients declare an interest in serving in rural areas of the
state of Washington. Preference for scholarships shall be
given to students who reside in a rural physician shortage
area or a nonshortage rural area of the state prior to admission
to the eligible education and training program in medicine.
Highest preference shall be given to students seeking admission who are recommended by sponsoring communities and
who declare the intent of serving as a physician in a rural
area. The board may require the sponsoring community
located in a nonshortage rural area to financially contribute to
the eligible expenses of a medical student if the student will
serve in the nonshortage rural area;
(4) Establish a scholarship program for eligible students
who have been accepted into an eligible education or training
program leading to a credential in one of the following credentialed health care professions: Midwifery pursuant to
chapter 18.50 RCW or advanced registered nurse practitioner
certified nurse midwifery under *chapter 18.88 RCW who
declare an intent to serve as a midwife in a midwifery shortage area in the state of Washington, as defined by the department, upon completion of the education program and agree to
a five-year service obligation and who may receive a scholarship of no more than four thousand dollars per year for three
years;
(5) Establish a scholarship program for eligible students
who have been accepted into an eligible education or training
program leading to a credential in the following credentialed
health care profession: Pharmacy pursuant to chapter 18.64
RCW who declare an intent to serve as a pharmacist in a
pharmacy shortage area in the state of Washington, as
defined by the department, upon completion of the education
program and agree to a five-year service obligation and who
may receive a scholarship of no more than four thousand dollars per year for three years;
(6) Honor loan repayment and scholarship contract terms
negotiated between the board and participants prior to May
21, 1991, concerning loan repayment and scholarship award
amounts and service obligations authorized under chapter
**18.150, ***28B.104, or 70.180 RCW. [1991 c 332 § 19.]
Reviser’s note: *(1) Chapters 18.78 and 18.88 RCW were repealed by
1994 sp.s. c 9 § 433, effective July 1, 1994.
**(2) Chapter 18.150 RCW was recodified as chapter 28B.115 RCW
by 1991 c 332 § 36.
***(3) Chapter 28B.104 RCW was repealed by 1991 sp.s. c 27 § 2.
28B.115.070 Eligible credentialed health care professions—Health professional shortage areas. After June 1,
1992, the department, in consultation with the board and the
department of social and health services, shall:
(1) Determine eligible credentialed health care professions for the purposes of the loan repayment and scholarship
28B.115.070
[Title 28B RCW—page 241]
28B.115.080
Title 28B RCW: Higher Education
program authorized by this chapter. Eligibility shall be based
upon an assessment that determines that there is a shortage or
insufficient availability of a credentialed profession so as to
jeopardize patient care and pose a threat to the public health
and safety. The department shall consider the relative degree
of shortages among professions when determining eligibility.
The department may add or remove professions from eligibility based upon the determination that a profession is no
longer in shortage. Should a profession no longer be eligible,
participants or eligible students who have received scholarships shall be eligible to continue to receive scholarships or
loan repayments until they are no longer eligible or until their
service obligation has been completed;
(2) Determine health professional shortage areas for
each of the eligible credentialed health care professions.
[2003 c 278 § 3; 1991 c 332 § 20.]
Findings—2003 c 278: See note following RCW 28C.18.120.
28B.115.080 Annual award amount—Scholarship
preferences—Required service obligations. After June 1,
1992, the board, in consultation with the department and the
department of social and health services, shall:
(1) Establish the annual award amount for each credentialed health care profession which shall be based upon an
assessment of reasonable annual eligible expenses involved
in training and education for each credentialed health care
profession. The annual award amount may be established at a
level less than annual eligible expenses. The annual award
amount shall be established by the board for each eligible
health profession. The awards shall not be paid for more than
a maximum of five years per individual;
(2) Determine any scholarship awards for prospective
physicians in such a manner to require the recipients declare
an interest in serving in rural areas of the state of Washington.
Preference for scholarships shall be given to students who
reside in a rural physician shortage area or a nonshortage
rural area of the state prior to admission to the eligible education and training program in medicine. Highest preference
shall be given to students seeking admission who are recommended by sponsoring communities and who declare the
intent of serving as a physician in a rural area. The board may
require the sponsoring community located in a nonshortage
rural area to financially contribute to the eligible expenses of
a medical student if the student will serve in the nonshortage
rural area;
(3) Establish the required service obligation for each credentialed health care profession, which shall be no less than
three years or no more than five years. The required service
obligation may be based upon the amount of the scholarship
or loan repayment award such that higher awards involve
longer service obligations on behalf of the participant;
(4) Determine eligible education and training programs
for purposes of the scholarship portion of the program;
(5) Honor loan repayment and scholarship contract terms
negotiated between the board and participants prior to May
21, 1991, concerning loan repayment and scholarship award
amounts and service obligations authorized under chapter
28B.115, *28B.104, or 70.180 RCW. [1993 c 492 § 271;
1991 c 332 § 21.]
28B.115.080
*Reviser’s note: Chapter 28B.104 RCW was repealed by 1991 sp.s. c
27 § 2.
[Title 28B RCW—page 242]
Finding—1993 c 492: "The legislature finds that the successful implementation of health care reform will depend on a sufficient supply of primary
health care providers throughout the state. Many rural and medically underserved urban areas lack primary health care providers and because of this,
basic health care services are limited or unavailable to populations living in
these areas. The legislature has in recent years initiated new programs to
address these provider shortages but funding has been insufficient and additional specific provider shortages remain." [1993 c 492 § 269.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Additional notes found at www.leg.wa.gov
28B.115.090 Loan repayment and scholarship
awards. (1) The board may grant loan repayment and scholarship awards to eligible participants from the funds appropriated for this purpose, or from any private or public funds
given to the board for this purpose. Participants are ineligible
to receive loan repayment if they have received a scholarship
from programs authorized under this chapter or chapter
70.180 RCW or are ineligible to receive a scholarship if they
have received loan repayment authorized under this chapter
or chapter 28B.115 RCW.
(2) Funds appropriated for the program, including reasonable administrative costs, may be used by the board for
the purposes of loan repayments or scholarships. The board
shall annually establish the total amount of funding to be
awarded for loan repayments and scholarships and such allocations shall be established based upon the best utilization of
funding for that year.
(3) One portion of the funding appropriated for the program shall be used by the board as a recruitment incentive for
communities participating in the community-based recruitment and retention program as authorized by chapter 70.185
RCW; one portion of the funding shall be used by the board
as a recruitment incentive for recruitment activities in stateoperated institutions, county public health departments and
districts, county human service agencies, federal and state
contracted community health clinics, and other health care
facilities, such as rural hospitals that have been identified by
the department, as providing substantial amounts of charity
care or publicly subsidized health care; one portion of the
funding shall be used by the board for all other awards. The
board shall determine the amount of total funding to be distributed between the three portions. [2003 c 278 § 4; 1991 c
332 § 22; 1989 1st ex.s. c 9 § 720. Formerly RCW
18.150.050.]
28B.115.090
Findings—2003 c 278: See note following RCW 28C.18.120.
28B.115.100 Discrimination by participants prohibited—Violation. In providing health care services the participant shall not discriminate against a person on the basis of
the person’s ability to pay for such services or because payment for the health care services provided to such persons
will be made under the insurance program established under
part A or B of Title XVIII of the federal social security act or
under a state plan for medical assistance including Title XIX
of the federal social security act or under the state medical
assistance program authorized by chapter 74.09 RCW and
agrees to accept assignment under section 18.42(b)(3)(B)(ii)
of the federal social security act for all services for which
payment may be made under part B of Title XVIII of the federal social security act and enters into an appropriate agreement with the department of social and health services for
28B.115.100
(2010 Ed.)
Health Professional Conditional Scholarship Program
medical assistance under Title XIX of the federal social security act to provide services to individuals entitled to medical
assistance under the plan and enters into appropriate agreements with the department of social and health services for
medical care services under chapter 74.09 RCW. Participants
found by the board or the department in violation of this section shall be declared ineligible for receiving assistance under
the program authorized by this chapter. [1991 c 332 § 23.]
28B.115.120
for eligible students as defined in RCW 28B.10.017. [1991 c
332 § 24; 1991 c 164 § 8; 1989 1st ex.s. c 9 § 721. Formerly
RCW 18.150.060.]
Reviser’s note: This section was amended by 1991 c 164 § 8 and by
1991 c 332 § 24, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
28B.115.120
28B.115.110 Participant obligation—Repayment
obligation. Participants in the health professional loan
repayment and scholarship program who are awarded loan
repayments shall receive payment from the program for the
purpose of repaying educational loans secured while attending a program of health professional training which led to a
credential as a credentialed health professional in the state of
Washington.
(1) Participants shall agree to meet the required service
obligation in a designated health professional shortage area.
(2) Repayment shall be limited to eligible educational
and living expenses as determined by the board and shall
include principal and interest.
(3) Loans from both government and private sources
may be repaid by the program. Participants shall agree to
allow the board access to loan records and to acquire information from lenders necessary to verify eligibility and to
determine payments. Loans may not be renegotiated with
lenders to accelerate repayment.
(4) Repayment of loans established pursuant to this program shall begin no later than ninety days after the individual
has become a participant. Payments shall be made quarterly,
or more frequently if deemed appropriate by the board, to the
participant until the loan is repaid or the participant becomes
ineligible due to discontinued service in a health professional
shortage area or after the required service obligation when
eligibility discontinues, whichever comes first.
(5) Should the participant discontinue service in a health
professional shortage area payments against the loans of the
participants shall cease to be effective on the date that the
participant discontinues service.
(6) Except for circumstances beyond their control, participants who serve less than the required service obligation
shall be obligated to repay to the program an amount equal to
twice the total amount paid by the program on their behalf in
addition to any payments on the unsatisfied portion of the
principal and interest. The board shall determine the applicability of this subsection.
(7) The board is responsible for the collection of payments made on behalf of participants from the participants
who discontinue service before completion of the required
service obligation. The board shall exercise due diligence in
such collection, maintaining all necessary records to ensure
that the maximum amount of payment made on behalf of the
participant is recovered. Collection under this section shall be
pursued using the full extent of the law, including wage garnishment if necessary.
(8) The board shall not be held responsible for any outstanding payments on principal and interest to any lenders
once a participant’s eligibility expires.
(9) The board shall temporarily or, in special circumstances, permanently defer the requirements of this section
28B.115.110
(2010 Ed.)
28B.115.120 Participant obligation—Scholarships.
(1) Participants in the health professional loan repayment and
scholarship program who are awarded scholarships incur an
obligation to repay the scholarship, with interest, unless they
serve the required service obligation in a health professional
shortage area in the state of Washington.
(2) The interest rate shall be eight percent for the first
four years of repayment and ten percent beginning with the
fifth year of repayment.
(3) The period for repayment shall coincide with the
required service obligation, with payments of principal and
interest accruing quarterly commencing no later than nine
months from the date the participant completes or discontinues the course of study or completes or discontinues the
required residency. Provisions for deferral of payment shall
be determined by the board.
(4) The entire principal and interest of each payment
shall be forgiven for each payment period in which the participant serves in a health professional shortage area until the
entire repayment obligation is satisfied or the borrower
ceases to so serve. Should the participant cease to serve in a
health professional shortage area of this state before the participant’s repayment obligation is completed, payments on
the unsatisfied portion of the principal and interest shall
begin the next payment period and continue until the remainder of the participant’s repayment obligation is satisfied.
Except for circumstances beyond their control, participants
who serve less than the required service obligation shall be
obliged to repay to the program an amount equal to twice the
total amount paid by the program on their behalf.
(5) The board is responsible for collection of repayments
made under this section and shall exercise due diligence in
such collection, maintaining all necessary records to ensure
that maximum repayments are made. Collection and servicing of repayments under this section shall be pursued using
the full extent of the law, including wage garnishment if necessary, and shall be performed by entities approved for such
servicing by the Washington student loan guaranty association or its successor agency. The board is responsible to forgive all or parts of such repayments under the criteria established in this section and shall maintain all necessary records
of forgiven payments.
(6) Receipts from the payment of principal or interest or
any other subsidies to which the board as administrator is
entitled, which are paid by or on behalf of participants under
this section, shall be deposited with the board and shall be
used to cover the costs of granting the scholarships, maintaining necessary records, and making collections under subsection (5) of this section. The board shall maintain accurate
records of these costs, and all receipts beyond those necessary to pay such costs shall be used to grant scholarships to
eligible students.
[Title 28B RCW—page 243]
28B.115.130
Title 28B RCW: Higher Education
(7) Sponsoring communities who financially contribute
to the eligible financial expenses of eligible medical students
may enter into agreements with the student to require repayment should the student not serve the required service obligation in the community as a primary care physician. The board
may develop criteria for the content of such agreements with
respect to reasonable provisions and obligations between
communities and eligible students.
(8) The board may make exceptions to the conditions for
participation and repayment obligations should circumstances beyond the control of individual participants warrant
such exceptions. [1993 c 423 § 2; 1991 c 332 § 25.]
28B.115.130 Health professional loan repayment and
scholarship program fund. (1) Any funds appropriated by
the legislature for the health professional loan repayment and
scholarship program or any other public or private funds
intended for loan repayments or scholarships under this program shall be placed in the account created by this section.
(2) The health professional loan repayment and scholarship program fund is created in custody of the state treasurer.
All receipts from the program shall be deposited into the
fund. Only the higher education coordinating board, or its
designee, may authorize expenditures from the fund. The
fund is subject to allotment procedures under chapter 43.88
RCW, but no appropriation is required for expenditures.
[1991 c 332 § 28.]
28B.115.130
28B.115.140 Transfer of program administration.
After consulting with the higher education coordinating
board, the governor may transfer the administration of this
program to another agency with an appropriate mission.
[1989 1st ex.s. c 9 § 722. Formerly RCW 18.150.070.]
28B.115.140
28B.115.900 Effective date—1989 1st ex.s. c 9.
RCW 43.70.910.
See
28B.115.901 Severability—1989 1st ex.s. c 9.
RCW 43.70.920.
See
28B.115.900
challenges can discourage or prevent these children from pursuing a higher education. The legislature further finds that
access to a higher education will give children who are in foster care hope for the future. Moreover, the legislature finds
that financial assistance will help these children become successful, productive, contributing citizens and avoid cycles of
abuse, poverty, violence, and delinquency. [2005 c 215 § 1.]
28B.116.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Institution of higher education" means a college or
university in the state of Washington that is accredited by an
accrediting association recognized as such by rule of the
higher education coordinating board.
(2) "Eligible student" means a student who:
(a) Is between the ages of sixteen and twenty-three;
(b) Has been in foster care in the state of Washington for
a minimum of six months since his or her fourteenth birthday;
(c) Is a financially needy student, as defined in RCW
28B.92.030;
(d) Is a resident student, as defined in RCW
28B.15.012(2);
(e) Has entered or will enter an institution of higher education in Washington state within three years of high school
graduation or having successfully completed his or her GED;
(f) Is not pursuing a degree in theology; and
(g) Makes satisfactory progress towards the completion
of a degree or certificate program.
(3) "Cost of attendance" means the cost associated with
the attendance of the institution of higher education as determined by the higher education coordinating board, including
but not limited to tuition, room, board, and books. [2005 c
215 § 2.]
28B.116.010
28B.116.020 Program created—Duties of the higher
education coordinating board. (1) The foster care endowed
scholarship program is created. The purpose of the program
is to help students who were in foster care attend an institution of higher education in the state of Washington. The foster care endowed scholarship program shall be administered
by the higher education coordinating board.
(2) In administering the program, the higher education
coordinating board’s powers and duties shall include but not
be limited to:
(a) Adopting necessary rules and guidelines; and
(b) Administering the foster care endowed scholarship
trust fund and the foster care scholarship endowment fund.
(3) In administering the program, the higher education
coordinating board’s powers and duties may include but not
be limited to:
(a) Working with the department of social and health services and the superintendent of public instruction to provide
information about the foster care endowed scholarship program to children in foster care in the state of Washington and
to students over the age of sixteen who could be eligible for
this program;
(b) Publicizing the program; and
28B.116.020
28B.115.901
28B.115.902 Application to scope of chapter—Captions not law—1991 c 332. See notes following RCW
18.130.010.
28B.115.902
Chapter 28B.116 RCW
FOSTER CARE
ENDOWED SCHOLARSHIP PROGRAM
Chapter 28B.116
Sections
28B.116.005 Findings.
28B.116.010 Definitions.
28B.116.020 Program created—Duties of the higher education coordinating board.
28B.116.030 Award of scholarships.
28B.116.050 Foster care endowed scholarship trust fund.
28B.116.060 Foster care scholarship endowment fund.
28B.116.070 State matching funds—Transfer of funds from trust fund to
endowment fund.
28B.116.005 Findings. The legislature finds that children who grow up in the foster care system face many financial challenges. The legislature also finds that these financial
28B.116.005
[Title 28B RCW—page 244]
(2010 Ed.)
Passport to College Promise Program
(c) Contracting with a private agency to perform outreach to the potentially eligible students. [2009 c 560 § 20;
2005 c 215 § 3.]
Intent—Effective date—Disposition of property and funds—
Assignment/delegation of contractual rights or duties—2009 c 560: See
notes following RCW 18.06.080.
28B.116.030 Award of scholarships. (1) The higher
education coordinating board may award scholarships to eligible students from the foster care scholarship endowment
fund in RCW 28B.116.060, from funds appropriated to the
board for this purpose, from any private donations, or from
any other funds given to the board for the program.
(2) The board may award scholarships to eligible students from moneys earned from the foster care scholarship
endowment fund created in RCW 28B.116.060, or from
funds appropriated to the board for this purpose, or from any
private donations, or from any other funds given to the board
for this program. For an undergraduate student, the amount
of the scholarship shall not exceed the student’s demonstrated financial need. For a graduate student, the amount of
the scholarship shall not exceed the student’s demonstrated
need; or the stipend of a teaching assistant, including tuition,
at the University of Washington; whichever is higher. In calculating a student’s need, the board shall consider the student’s costs for tuition, fees, books, supplies, transportation,
room, board, personal expenses, and child care. The student’s scholarship awarded under this chapter shall not
exceed the amount received by a student attending a state
research university. A student is eligible to receive a scholarship for a maximum of five years. However, the length of the
scholarship shall be determined at the discretion of the board.
(3) Grants under this chapter shall not affect eligibility
for the state student financial aid program. [2005 c 215 § 4.]
28B.116.030
28B.116.050 Foster care endowed scholarship trust
fund. (1) The foster care endowed scholarship trust fund is
created in the custody of the state treasurer.
(2) Funds appropriated by the legislature for the foster
care endowed scholarship trust fund shall be deposited in the
foster care endowed scholarship trust fund. When conditions
in RCW 28B.116.070 are met, the higher education coordinating board shall deposit state matching moneys from the
trust fund into the foster care scholarship endowment fund.
(3) No appropriation is required for expenditures from
the trust fund. [2005 c 215 § 6.]
28B.116.050
28B.116.060 Foster care scholarship endowment
fund. The foster care scholarship endowment fund is created
in the custody of the state treasurer. The investment of the
endowment fund shall be managed by the state investment
board.
(1) Moneys received from the higher education coordinating board, private donations, state matching moneys, and
funds received from any other source may be deposited into
the foster care scholarship endowment fund. Private moneys
received as a gift subject to conditions may be deposited into
the endowment fund if the conditions do not violate state or
federal law.
(2) At the request of the higher education coordinating
board, the state investment board shall release earnings from
28B.116.060
(2010 Ed.)
28B.117.005
the endowment fund to the state treasurer. The state treasurer
shall then release those funds at the request of the higher education coordinating board for scholarships. No appropriation
is required for expenditures from the endowment fund.
(3) The higher education coordinating board may disburse grants to eligible students from the foster care scholarship endowment fund. No appropriation is required for
expenditures from the endowment fund.
(4) When notified by court order that a condition
attached to a gift of private moneys from the foster care
scholarship endowment fund has failed, the higher education
coordinating board shall release those moneys to the donors
according to the terms of the conditional gift.
(5) The principal of the foster care scholarship endowment fund shall not be invaded. For the purposes of this section, only the first twenty-five thousand dollars deposited into
the foster care scholarship endowment fund shall be considered the principal. The release of moneys under subsection
(4) of this section shall not constitute an invasion of the corpus.
(6) The foster care scholarship endowment fund shall be
used solely for the purposes in this chapter, except when the
conditional gift of private moneys in the endowment fund
require a portion of the earnings on such moneys be reinvested in the endowment fund. [2007 c 73 § 3; 2005 c 215 §
7.]
28B.116.070 State matching funds—Transfer of
funds from trust fund to endowment fund. (1) The higher
education coordinating board may deposit twenty-five thousand dollars of state matching funds into the foster care scholarship endowment fund when the board can match state funds
with an equal amount of private cash donations.
(2) After the initial match of twenty-five thousand dollars, state matching funds from the foster care endowed
scholarship trust fund shall be released to the foster care
scholarship endowment fund semiannually so long as there
are funds available in the foster care endowed scholarship
trust fund. [2005 c 215 § 8.]
28B.116.070
Chapter 28B.117 RCW
PASSPORT TO COLLEGE PROMISE PROGRAM
Chapter 28B.117
Sections
28B.117.005
28B.117.010
28B.117.020
28B.117.030
28B.117.040
28B.117.050
28B.117.060
28B.117.070
28B.117.900
28B.117.901
Findings—Intent.
Program created—Purpose.
Definitions.
Program design and implementation—Student eligibility—
Scholarships.
Identification of eligible students and applicants—Duties of
institutions of higher education—Duties of the department
of social and health services.
Internet web site and outreach program.
Program of supplemental educational transition planning for
youth in foster care—Contract with nongovernmental
entity.
Reports—Recommendations.
Construction—2007 c 314.
Expiration of chapter.
28B.117.005 Findings—Intent. (Expires June 30,
2013.) (1)(a) The legislature finds that in Washington, there
are more than seven thousand three hundred children in foster
family or group care. These children face unique obstacles
28B.117.005
[Title 28B RCW—page 245]
28B.117.010
Title 28B RCW: Higher Education
and burdens as they transition to adulthood, including lacking
continuity in their elementary and high school educations.
As compared to the general population of students, twice as
many foster care youth change schools at least once during
their elementary and secondary school careers, and three
times as many change schools at least three times. Only
thirty-four percent of foster care youth graduate from high
school within four years, compared to seventy percent for the
general population. Of the former foster care youth who earn
a high school diploma, more than twenty-eight percent earn a
GED instead of a traditional high school diploma. This is
almost six times the rate of the general population. Research
indicates that GED holders tend not to be as economically
successful as the holders of traditional high school diplomas.
Only twenty percent of former foster care youth who earn a
high school degree enroll in college, compared to over sixty
percent of the population generally. Of the former foster care
youth who do enroll in college, very few go on to earn a
degree. Less than two percent of former foster care youth
hold bachelor’s degrees, compared to twenty-eight percent of
Washington’s population generally.
(b) Former foster care youth face two critical hurdles to
enrolling in college. The first is a lack of information regarding preparation for higher education and their options for
enrolling in higher education. The second is finding the
financial resources to fund their education. As a result of the
unique hurdles and challenges that face former foster care
youth, a disproportionate number of them are part of society’s large group of marginalized youth and are at increased
risk of continuing the cycle of poverty and violence that frequently plagues their families.
(c) Former foster care youth suffer from mental health
problems at a rate greater than that of the general population.
For example, one in four former foster care youth report having suffered from posttraumatic stress disorder within the
previous twelve months, compared to only four percent of the
general population. Similarly, the incidence of major depression among former foster care youth is twice that of the general population, twenty percent versus ten percent.
(d) There are other barriers for former foster care youth
to achieving successful adulthood. One-third of former foster
care youth live in households that are at or below the poverty
level. This is three times the rate for the general population.
The percentage of former foster care youth who report being
homeless within one year of leaving foster care varies from
over ten percent to almost twenty-five percent. By comparison, only one percent of the general population reports having been homeless at sometime during the past year. One in
three former foster care youth lack health insurance, compared to less than one in five people in the general population.
One in six former foster care youth receive cash public assistance. This is five times the rate of the general population.
(e) Approximately twenty-five percent of former foster
care youth are incarcerated at sometime after leaving foster
care. This is four times the rate of incarceration for the general population. Of the former foster care youth who "age
out" of foster care, twenty-seven percent of the males and ten
percent of the females are incarcerated within twelve to eighteen months of leaving foster care.
(f) Female former foster care youth become sexually
active more than seven months earlier than their nonfoster
[Title 28B RCW—page 246]
care counterparts, have more sexual partners, and have a
mean age of first pregnancy of almost two years earlier than
their peers who were not in foster care.
(2) The legislature intends to create the passport to college promise pilot program. The pilot program will initially
operate for a six-year period, and will have two primary components, as follows:
(a) Significantly increasing outreach to foster care youth
between the ages of fourteen and eighteen regarding the
higher education opportunities available to them, how to
apply to college, and how to apply for and obtain financial
aid; and
(b) Providing financial aid to former foster care youth to
assist with the costs of their public undergraduate college
education. [2007 c 314 § 1.]
28B.117.010 Program created—Purpose. (Expires
June 30, 2013.) The passport to college promise pilot program is created. The purpose of the program is:
(1) To encourage current and former foster care youth to
prepare for, attend, and successfully complete higher education; and
(2) To provide current and former foster care youth with
the educational planning, information, institutional support,
and direct financial resources necessary for them to succeed
in higher education. [2007 c 314 § 3.]
28B.117.010
28B.117.020 Definitions. (Expires June 30, 2013.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Cost of attendance" means the cost associated with
attending a particular institution of higher education as determined by the higher education coordinating board, including
but not limited to tuition, fees, room, board, books, personal
expenses, and transportation, plus the cost of reasonable
additional expenses incurred by an eligible student and
approved by a financial aid administrator at the student’s
school of attendance.
(2) "Emancipated from foster care" means a person who
was a dependent of the state in accordance with chapter 13.34
RCW and who was receiving foster care in the state of Washington when he or she reached his or her eighteenth birthday.
(3) "Financial need" means the difference between a student’s cost of attendance and the student’s total family contribution as determined by the method prescribed by the United
States department of education.
(4) "Independent college or university" means a private,
nonprofit institution of higher education, open to residents of
the state, providing programs of education beyond the high
school level leading to at least the baccalaureate degree, and
accredited by the Northwest association of schools and colleges, and other institutions as may be developed that are
approved by the higher education coordinating board as
meeting equivalent standards as those institutions accredited
under this section.
(5) "Institution of higher education" means:
(a) Any public university, college, community college,
or technical college operated by the state of Washington or
any political subdivision thereof; or
28B.117.020
(2010 Ed.)
Passport to College Promise Program
(b) Any independent college or university in Washington; or
(c) Any other university, college, school, or institute in
the state of Washington offering instruction beyond the high
school level that is a member institution of an accrediting
association recognized by rule of the higher education coordinating board for the purposes of this section: PROVIDED,
That any institution, branch, extension, or facility operating
within the state of Washington that is affiliated with an institution operating in another state must be a separately accredited member institution of any such accrediting association,
or a branch of a member institution of an accrediting association recognized by rule of the board for purposes of this section, that is eligible for federal student financial aid assistance
and has operated as a nonprofit college or university delivering on-site classroom instruction for a minimum of twenty
consecutive years within the state of Washington, and has an
annual enrollment of at least seven hundred full-time equivalent students.
(6) "Program" means the passport to college promise
pilot program created in this chapter. [2007 c 314 § 2.]
28B.117.030 Program design and implementation—
Student eligibility—Scholarships. (Expires June 30,
2013.) (1) The higher education coordinating board shall
design and, to the extent funds are appropriated for this purpose, implement, a program of supplemental scholarship and
student assistance for students who have emancipated from
the state foster care system after having spent at least one
year in care.
(2) The board shall convene and consult with an advisory
committee to assist with program design and implementation.
The committee shall include but not be limited to former foster care youth and their advocates; representatives from the
state board for community and technical colleges, and from
public and private agencies that assist current and former foster care recipients in their transition to adulthood; and student
support specialists from public and private colleges and universities.
(3) To the extent that sufficient funds have been appropriated for this purpose, a student is eligible for assistance
under this section if he or she:
(a) Emancipated from foster care on or after January 1,
2007, after having spent at least one year in foster care subsequent to his or her sixteenth birthday;
(b) Is a resident student, as defined in RCW
28B.15.012(2);
(c) Is enrolled with or will enroll on at least a half-time
basis with an institution of higher education in Washington
state by the age of twenty-one;
(d) Is making satisfactory academic progress toward the
completion of a degree or certificate program, if receiving
supplemental scholarship assistance;
(e) Has not earned a bachelor’s or professional degree;
and
(f) Is not pursuing a degree in theology.
(4) A passport to college scholarship under this section:
(a) Shall not exceed resident undergraduate tuition and
fees at the highest-priced public institution of higher education in the state; and
28B.117.030
(2010 Ed.)
28B.117.040
(b) Shall not exceed the student’s financial need, less a
reasonable self-help amount defined by the board, when combined with all other public and private grant, scholarship, and
waiver assistance the student receives.
(5) An eligible student may receive a passport to college
scholarship under this section for a maximum of five years
after the student first enrolls with an institution of higher education or until the student turns age twenty-six, whichever
occurs first. If a student turns age twenty-six during an academic year, and would otherwise be eligible for a scholarship
under this section, the student shall continue to be eligible for
a scholarship for the remainder of the academic year.
(6) The higher education coordinating board, in consultation with and with assistance from the state board for community and technical colleges, shall perform an annual analysis to verify that those institutions of higher education at
which students have received a scholarship under this section
have awarded the student all available need-based and
merit-based grant and scholarship aid for which the student
qualifies.
(7) In designing and implementing the passport to college student support program under this section, the board, in
consultation with and with assistance from the state board for
community and technical colleges, shall ensure that a participating college or university:
(a) Has a viable plan for identifying students eligible for
assistance under this section, for tracking and enhancing their
academic progress, for addressing their unique needs for
assistance during school vacations and academic interims,
and for linking them to appropriate sources of assistance in
their transition to adulthood;
(b) Receives financial and other incentives for achieving
measurable progress in the recruitment, retention, and graduation of eligible students. [2007 c 314 § 4.]
28B.117.040 Identification of eligible students and
applicants—Duties of institutions of higher education—
Duties of the department of social and health services.
(Expires June 30, 2013.) Effective operation of the passport
to college promise pilot program requires early and accurate
identification of former foster care youth so that they can be
linked to the financial and other assistance that will help them
succeed in college. To that end:
(1) All institutions of higher education that receive funding for student support services under RCW 28B.117.030
shall include on their applications for admission or on their
registration materials a question asking whether the applicant
has been in foster care in Washington state for at least one
year since his or her sixteenth birthday. All other institutions
of higher education are strongly encouraged to include such a
question. No institution may consider whether an applicant
may be eligible for a scholarship or student support services
under this chapter when deciding whether the applicant will
be granted admission.
(2) The department of social and health services shall
devise and implement procedures for efficiently, promptly,
and accurately identifying students and applicants who are
eligible for services under RCW 28B.117.030, and for sharing that information with the higher education coordinating
board and with institutions of higher education. The proce28B.117.040
[Title 28B RCW—page 247]
28B.117.050
Title 28B RCW: Higher Education
dures shall include appropriate safeguards for consent by the
applicant or student before disclosure. [2007 c 314 § 5.]
28B.117.050 Internet web site and outreach program. (Expires June 30, 2013.) (1) To the extent funds are
appropriated for this purpose, the higher education coordinating board, with input from the state board for community and
technical colleges, the foster care partnership, and institutions
of higher education, shall develop and maintain an internet
web site and outreach program to serve as a comprehensive
portal for foster care youth in Washington state to obtain
information regarding higher education including, but not
necessarily limited to:
(a) Academic, social, family, financial, and logistical
information important to successful postsecondary educational success;
(b) How and when to obtain and complete college applications;
(c) What college placement tests, if any, are generally
required for admission to college and when and how to register for such tests;
(d) How and when to obtain and complete a federal free
application for federal student aid (FAFSA); and
(e) Detailed sources of financial aid likely available to
eligible former foster care youth, including the financial aid
provided by this chapter.
(2) The board shall determine whether to design, build,
and operate such program and web site directly or to use, support, and modify existing web sites created by government or
nongovernmental entities for a similar purpose. [2007 c 314
§ 6.]
28B.117.050
28B.117.060 Program of supplemental educational
transition planning for youth in foster care—Contract
with nongovernmental entity. (Expires June 30, 2013.)
(1) To the extent funds are appropriated for this purpose, the
department of social and health services, with input from the
state board for community and technical colleges, the higher
education coordinating board, and institutions of higher education, shall contract with at least one nongovernmental
entity through a request for proposals process to develop,
implement, and administer a program of supplemental educational transition planning for youth in foster care in Washington state.
(2) The nongovernmental entity or entities chosen by the
department shall have demonstrated success in working with
foster care youth and assisting foster care youth in successfully making the transition from foster care to independent
adulthood.
(3) The selected nongovernmental entity or entities shall
provide supplemental educational transition planning to foster care youth in Washington state beginning at age fourteen
and then at least every six months thereafter. The supplemental transition planning shall include:
(a) Comprehensive information regarding postsecondary
educational opportunities including, but not limited to,
sources of financial aid, institutional characteristics and
record of support for former foster care youth, transportation,
housing, and other logistical considerations;
28B.117.060
[Title 28B RCW—page 248]
(b) How and when to apply to postsecondary educational
programs;
(c) What precollege tests, if any, the particular foster
care youth should take based on his or her postsecondary
plans and when to take the tests;
(d) What courses to take to prepare the particular foster
care youth to succeed at his or her postsecondary plans;
(e) Social, community, educational, logistical, and other
issues that frequently impact college students and their success rates; and
(f) Which web sites, nongovernmental entities, public
agencies, and other foster care youth support providers specialize in which services.
(4) The selected nongovernmental entity or entities shall
work directly with the school counselors at the foster care
youths’ high schools to ensure that a consistent and complete
transition plan has been prepared for each foster care youth
who emancipates out of the foster care system in Washington
state. [2007 c 314 § 7.]
28B.117.070
28B.117.070 Reports—Recommendations. (Expires
June 30, 2013.) (1) The higher education coordinating board
shall report to appropriate committees of the legislature by
January 15, 2008, on the status of program design and implementation. The report shall include a discussion of proposed
scholarship and student support service approaches; an estimate of the number of students who will receive such services; baseline information on the extent to which former foster care youth who meet the eligibility criteria in RCW
28B.117.030 have enrolled and persisted in postsecondary
education; and recommendations for any statutory changes
needed to promote achievement of program objectives.
(2) The state board for community and technical colleges
and the higher education coordinating board shall monitor
and analyze the extent to which eligible young people are
increasing their participation, persistence, and progress in
postsecondary education, and shall jointly submit a report on
their findings to appropriate committees of the legislature by
December 1, 2009, and by December 1, 2011.
(3) The Washington state institute for public policy shall
complete an evaluation of the passport to college promise
pilot program and shall submit a report to appropriate committees of the legislature by December 1, 2012. The report
shall estimate the impact of the program on eligible students’
participation and success in postsecondary education, and
shall include recommendations for program revision and
improvement. [2007 c 314 § 8.]
28B.117.900
28B.117.900 Construction—2007 c 314. (Expires
June 30, 2013.) Nothing in this chapter may be construed to:
(1) Guarantee acceptance by, or entrance into, any institution of higher education; or
(2) Limit the participation of youth, in or formerly in,
foster care in Washington state in any other program of financial assistance for postsecondary education. [2007 c 314 § 9.]
28B.117.901
28B.117.901 Expiration of chapter. This chapter
expires June 30, 2013. [2007 c 314 § 10.]
(2010 Ed.)
College Bound Scholarship Program
Chapter 28B.118 RCW
COLLEGE BOUND SCHOLARSHIP PROGRAM
Chapter 28B.118
Sections
28B.118.005 Intent—Finding.
28B.118.010 Program design.
28B.118.020 Duties of the office of the superintendent of public instruction.
28B.118.030 Duty of school districts—Notification.
28B.118.040 Duties of the higher education coordinating board.
28B.118.050 Grants, gifts, bequests, and devises.
28B.118.060 Rules.
28B.118.005 Intent—Finding. The legislature intends
to inspire and encourage all Washington students to dream
big by creating a guaranteed four-year tuition scholarship
program for students from low-income families. The legislature finds that, too often, financial barriers prevent many of
the brightest students from considering college as a future
possibility. Often the cost of tuition coupled with the complexity of finding and applying for financial aid is enough to
prevent a student from even applying to college. Many students become disconnected from the education system early
on and may give up or drop out before graduation. It is the
intent of the legislature to alert students early in their educational career to the options and opportunities available
beyond high school. [2007 c 405 § 1.]
28B.118.005
28B.118.010 Program design. The higher education
coordinating board shall design the Washington college
bound scholarship program in accordance with this section.
(1) "Eligible students" are those students who qualify for
free or reduced-price lunches. If a student qualifies in the
seventh grade, the student remains eligible even if the student
does not receive free or reduced-price lunches thereafter.
(2) Eligible students shall be notified of their eligibility
for the Washington college bound scholarship program
beginning in their seventh grade year. Students shall also be
notified of the requirements for award of the scholarship.
(3) To be eligible for a Washington college bound scholarship, a student must sign a pledge during seventh or eighth
grade that includes a commitment to graduate from high
school with at least a C average and with no felony convictions. Students who were in the eighth grade during the
2007-08 school year may sign the pledge during the 2008-09
school year. The pledge must be witnessed by a parent or
guardian and forwarded to the higher education coordinating
board by mail or electronically, as indicated on the pledge
form.
(4)(a) Scholarships shall be awarded to eligible students
graduating from public high schools, approved private high
schools under chapter 28A.195 RCW, or who received homebased instruction under chapter 28A.200 RCW.
(b) To receive the Washington college bound scholarship, a student must graduate with at least a "C" average from
a public high school or an approved private high school under
chapter 28A.195 RCW in Washington or have received
home-based instruction under chapter 28A.200 RCW, must
have no felony convictions, and must be a resident student as
defined in RCW 28B.15.012(2) (a) through (d).
(5) A student’s family income will be assessed upon
graduation before awarding the scholarship.
28B.118.010
(2010 Ed.)
28B.118.030
(6) If at graduation from high school the student’s family
income does not exceed sixty-five percent of the state median
family income, scholarship award amounts shall be as provided in this section.
(a) For students attending two or four-year institutions of
higher education as defined in RCW 28B.10.016, the value of
the award shall be (i) the difference between the student’s
tuition and required fees, less the value of any state-funded
grant, scholarship, or waiver assistance the student receives;
(ii) plus five hundred dollars for books and materials.
(b) For students attending private four-year institutions
of higher education in Washington, the award amount shall
be the representative average of awards granted to students in
public research universities in Washington.
(c) For students attending private vocational schools in
Washington, the award amount shall be the representative
average of awards granted to students in public community
and technical colleges in Washington.
(7) Recipients may receive no more than four full-time
years’ worth of scholarship awards.
(8) Institutions of higher education shall award the student all need-based and merit-based financial aid for which
the student would otherwise qualify. The Washington college bound scholarship is intended to replace unmet need,
loans, and, at the student’s option, work-study award before
any other grants or scholarships are reduced.
(9) The first scholarships shall be awarded to students
graduating in 2012.
(10) The state of Washington retains legal ownership of
tuition units awarded as scholarships under this chapter until
the tuition units are redeemed. These tuition units shall
remain separately held from any tuition units owned under
chapter 28B.95 RCW by a Washington college bound scholarship recipient.
(11) The scholarship award must be used within five
years of receipt. Any unused scholarship tuition units revert
to the Washington college bound scholarship account.
(12) Should the recipient terminate his or her enrollment
for any reason during the academic year, the unused portion
of the scholarship tuition units shall revert to the Washington
college bound scholarship account. [2008 c 321 § 9; 2007 c
405 § 2.]
Findings—2008 c 321: See note following RCW 28A.655.061.
28B.118.020 Duties of the office of the superintendent of public instruction. The office of the superintendent
of public instruction shall:
(1) Notify elementary, middle, and junior high schools
about the Washington college bound scholarship program
using methods in place for communicating with schools and
school districts; and
(2) Work with the higher education coordinating board
to develop application collection and student tracking procedures. [2007 c 405 § 3.]
28B.118.020
28B.118.030 Duty of school districts—Notification.
Each school district shall notify students, parents, teachers,
counselors, and principals about the Washington college
bound scholarship program through existing channels. Notification methods may include, but are not limited to, regular
28B.118.030
[Title 28B RCW—page 249]
28B.118.040
Title 28B RCW: Higher Education
school district and building communications, online scholarship bulletins and announcements, notices posted on school
walls and bulletin boards, information available in each counselor’s office, and school or district scholarship information
sessions. [2007 c 405 § 4.]
28B.118.040 Duties of the higher education coordinating board. The higher education coordinating board
shall:
(1) With the assistance of the office of the superintendent
of public instruction, implement and administer the Washington college bound scholarship program;
(2) Develop and distribute, to all schools with students
enrolled in grade seven or eight, a pledge form that can be
completed and returned electronically or by mail by the student or the school to the higher education coordinating board;
(3) Develop and implement a student application, selection, and notification process for scholarships;
(4) Track scholarship recipients to ensure continued eligibility and determine student compliance for awarding of
scholarships;
(5) Subject to appropriation, deposit funds into the state
educational trust fund;
(6) Purchase tuition units under the advanced college
tuition payment program in chapter 28B.95 RCW to be
owned and held in trust by the board, for the purpose of
scholarship awards as provided for in this section; and
(7) Distribute scholarship funds, in the form of tuition
units purchased under the advanced college tuition payment
program in chapter 28B.95 RCW or through direct payments
from the state educational trust fund, to institutions of higher
education on behalf of scholarship recipients identified by the
board, as long as recipients maintain satisfactory academic
progress. [2007 c 405 § 5.]
28B.118.040
28B.118.050 Grants, gifts, bequests, and devises. The
higher education coordinating board may accept grants, gifts,
bequests, and devises of real and personal property from any
source for the purpose of granting financial aid in addition to
that funded by the state. [2007 c 405 § 6.]
28B.118.050
28B.118.060 Rules. The higher education coordinating
board may adopt rules to implement this chapter. [2007 c 405
§ 7.]
28B.118.060
Chapter 28B.119
Chapter 28B.119 RCW
WASHINGTON PROMISE
SCHOLARSHIP PROGRAM
Sections
28B.119.005
28B.119.010
28B.119.020
28B.119.030
28B.119.040
Intent—Finding.
Program design—Parameters.
Implementation and administration.
Funding for state need grant program not impaired.
Requirements for students receiving home-based instruction
not affected.
28B.119.050 Washington promise scholarship account.
28B.119.900 Effective date—2002 c 204.
28B.119.005 Intent—Finding. The legislature intends
to strengthen the link between postsecondary education and
K-12 education by creating the Washington promise scholar28B.119.005
[Title 28B RCW—page 250]
ship program for academically successful high school graduates from low and middle-income families. The legislature
finds that, increasingly, an individual’s economic viability is
contingent on postsecondary educational opportunities, yet
the state’s full financial obligation is eliminated after the
twelfth grade. Students who work hard in kindergarten
through twelfth grade and successfully complete high school
with high academic marks may not have the financial ability
to attend college because they cannot obtain financial aid or
the financial aid is insufficient. [2002 c 204 § 1.]
28B.119.010 Program design—Parameters. The
higher education coordinating board shall design the Washington promise scholarship program based on the following
parameters:
(1) Scholarships shall be awarded to students graduating
from public and approved private high schools under chapter
28A.195 RCW, students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons
twenty-one years of age or younger receiving a GED certificate, who meet both an academic and a financial eligibility
criteria.
(a) Academic eligibility criteria shall be defined as follows:
(i) Beginning with the graduating class of 2002, students
graduating from public and approved private high schools
under chapter 28A.195 RCW must be in the top fifteen percent of their graduating class, as identified by each respective
high school at the completion of the first term of the student’s
senior year; or
(ii) Students graduating from public high schools,
approved private high schools under chapter 28A.195 RCW,
students participating in home-based instruction as provided
in chapter 28A.200 RCW, and persons twenty-one years of
age or younger receiving a GED certificate, must equal or
exceed a cumulative scholastic assessment test I score of
twelve hundred on their first attempt or must equal or exceed
a composite American college test score of twenty-seven on
their first attempt.
(b) To meet the financial eligibility criteria, a student’s
family income shall not exceed one hundred thirty-five percent of the state median family income adjusted for family
size, as determined by the higher education coordinating
board for each graduating class. Students not meeting the eligibility requirements for the first year of scholarship benefits
may reapply for the second year of benefits, but must still
meet the income standard set by the board for the student’s
graduating class.
(2) Promise scholarships are not intended to supplant any
grant, scholarship, or tax program related to postsecondary
education. If the board finds that promise scholarships supplant or reduce any grant, scholarship, or tax program for categories of students, then the board shall adjust the financial
eligibility criteria or the amount of scholarship to the level
necessary to avoid supplanting.
(3) Within available funds, each qualifying student shall
receive two consecutive annual awards, the value of each not
to exceed the full-time annual resident tuition rates charged
by Washington’s community colleges. The higher education
coordinating board shall award scholarships to as many stu28B.119.010
(2010 Ed.)
Washington Fund for Innovation and Quality in Higher Education Program
dents as possible from among those qualifying under this section.
(4) By October 15th of each year, the board shall determine the award amount of the scholarships, after taking into
consideration the availability of funds.
(5) The scholarships may only be used for undergraduate
coursework at accredited institutions of higher education in
the state of Washington.
(6) The scholarships may be used for undergraduate
coursework at Oregon institutions of higher education that
are part of the border county higher education opportunity
project in RCW 28B.76.685 when those institutions offer
programs not available at accredited institutions of higher
education in Washington state.
(7) The scholarships may be used for college-related
expenses, including but not limited to, tuition, room and
board, books, and materials.
(8) The scholarships may not be awarded to any student
who is pursuing a degree in theology.
(9) The higher education coordinating board may establish satisfactory progress standards for the continued receipt
of the promise scholarship.
(10) The higher education coordinating board shall
establish the time frame within which the student must use
the scholarship. [2004 c 275 § 60; 2003 c 233 § 5; 2002 c 204
§ 2.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.119.020 Implementation and administration.
The higher education coordinating board, with the assistance
of the office of the superintendent of public instruction, shall
implement and administer the Washington promise scholarship program described in RCW 28B.119.010 as follows:
(1) The first scholarships shall be awarded to eligible
students enrolling in postsecondary education in the 2002-03
academic year.
(2) The office of the superintendent of public instruction
shall provide information to the higher education coordinating board that is necessary for implementation of the program. The higher education coordinating board and the office
of the superintendent of public instruction shall jointly establish a timeline and procedures necessary for accurate and
timely data reporting.
(a) For students meeting the academic eligibility criteria
as provided in RCW 28B.119.010(1)(a), the office of the
superintendent of public instruction shall provide the higher
education coordinating board with student names, addresses,
birth dates, and unique numeric identifiers.
(b) Public and approved private high schools under chapter 28A.195 RCW shall provide requested information necessary for implementation of the program to the office of the
superintendent of public instruction within the established
timeline.
(c) All student data is confidential and may be used
solely for the purposes of providing scholarships to eligible
students.
(3) The higher education coordinating board may adopt
rules to implement this chapter. [2002 c 204 § 3.]
28B.119.020
(2010 Ed.)
Chapter 28B.120
28B.119.030 Funding for state need grant program
not impaired. The Washington promise scholarship program shall not be funded at the expense of the state need grant
program as defined in chapter 28B.92 RCW. In administering the state need grant and promise scholarship programs,
the higher education coordinating board shall first ensure that
eligibility for state need grant recipients is at least fifty-five
percent of state median family income. [2004 c 275 § 71;
2002 c 204 § 4.]
28B.119.030
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.119.040 Requirements for students receiving
home-based instruction not affected. This chapter shall not
be construed to change current state requirements for students who received home-based instruction under chapter
28A.200 RCW. [2002 c 204 § 5.]
28B.119.040
28B.119.050 Washington promise scholarship
account. (1) The Washington promise scholarship account is
created in the custody of the state treasurer. The account shall
be a nontreasury account retaining its interest earnings in
accordance with RCW 43.79A.040.
(2) The higher education coordinating board shall
deposit in the account all money received for the program.
The account shall be self-sustaining and consist of funds
appropriated by the legislature for the Washington promise
scholarship program, private contributions to the program,
and refunds of Washington promise scholarships.
(3) Expenditures from the account shall be used for
scholarships to eligible students.
(4) With the exception of the operating costs associated
with the management of the account by the treasurer’s office
as authorized in chapter 43.79A RCW, the account shall be
credited with all investment income earned by the account.
(5) Disbursements from the account are exempt from
appropriations and the allotment provisions of chapter 43.88
RCW.
(6) Disbursements from the account shall be made only
on the authorization of the higher education coordinating
board. [2002 c 204 § 6.]
28B.119.050
28B.119.900 Effective date—2002 c 204. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 27, 2002]. [2002 c 204 § 9.]
28B.119.900
Chapter 28B.120
Chapter 28B.120 RCW
WASHINGTON FUND FOR INNOVATION AND
QUALITY IN HIGHER EDUCATION PROGRAM
Sections
28B.120.005
28B.120.010
28B.120.020
28B.120.025
28B.120.030
Findings.
Washington fund for innovation and quality in higher education program—Incentive grants.
Program administration—Higher education coordinating
board.
Program administration—State board for community and
technical colleges.
Receipt of gifts, grants, and endowments.
[Title 28B RCW—page 251]
28B.120.005
28B.120.040
28B.120.900
Title 28B RCW: Higher Education
Higher education coordinating board fund for innovation
and quality.
Intent—1999 c 169.
28B.120.005 Findings. The legislature finds that
encouraging collaboration among the various educational
sectors to meet statewide productivity and educational attainment needs as described in the system design plan developed
by the higher education coordinating board will strengthen
the entire educational system, kindergarten through twelfth
grade and higher education. The legislature also recognizes
that the most effective way to develop innovative and collaborative programs is to encourage institutions to develop them
voluntarily, in line with established state goals. Through a
system of competitive grants, the legislature shall encourage
the development of innovative and collaborative and costeffective solutions to issues of critical statewide need, including:
(1) Raising educational attainment and planning and
piloting innovative initiatives to reach new locations and
populations;
(2) Recognizing needs of special populations of students,
including access and completion efforts targeting underrepresented populations;
(3) Furthering the development of learner-centered,
technology-assisted course delivery, including expansion of
online and hybrid coursework, open courseware, and other
uses of technology in order to effectively and efficiently
share costs, improve the quality of instruction and student,
faculty, and administrative services, increase undergraduate
and graduate student access, retention, and graduation, and to
enhance transfer capability;
(4) Furthering the development of competency-based
measurements of student achievement to be used as the basis
for awarding degrees and certificates;
(5) Increasing the collaboration among both public and
private sector institutions of higher education; and
(6) Improving productivity through innovations such as
accelerated programs and alternative scheduling. [2010 c
245 § 6; 1999 c 169 § 2; 1991 c 98 § 1.]
28B.120.005
Findings—Expand on demand—System design plan endorsed—
2010 c 245: See note following RCW 28B.50.020.
28B.120.010 Washington fund for innovation and
quality in higher education program—Incentive grants.
The Washington fund for innovation and quality in higher
education program is established. The higher education coordinating board shall administer the program and shall work in
close collaboration with the state board for community and
technical colleges and other local and regional entities.
Through this program the higher education coordinating
board may award on a competitive basis incentive grants to
state public or private nonprofit institutions of higher education or consortia of institutions to encourage programs
designed to address specific system problems. Each institution or consortia of institutions receiving the award shall contribute some financial support, either by covering part of the
costs for the program during its implementation, or by assuming continuing support at the end of the grant period. Strong
priority will be given to proposals that involve more than one
sector of education. Institutions are encouraged to solicit
28B.120.010
[Title 28B RCW—page 252]
nonstate funds to support these cooperative programs. [2010
c 245 § 7; 1999 c 169 § 5; 1996 c 41 § 1; 1991 c 98 § 2.]
Findings—Expand on demand—System design plan endorsed—
2010 c 245: See note following RCW 28B.50.020.
28B.120.020 Program administration—Higher education coordinating board. The higher education coordinating board shall have the following powers and duties in
administering the program for those proposals in which a
four-year institution of higher education is named as the lead
institution and fiscal agent:
(1) To adopt rules necessary to carry out the program;
(2) To award grants no later than September 1st in those
years when funding is available by June 30th;
(3) To establish each biennium specific guidelines for
s u b m it t in g g r a n t p r o p o s a ls c o n s is t e n t w i th R C W
28B.120.005 and consistent with the strategic master plan for
higher education, the system design plan, the overall goals of
the program and the guidelines established by the state board
for comm unity and technical colleges under RCW
28B.120.025.
After June 30, 2001, and each biennium thereafter, the
board shall determine funding priorities for proposals for the
biennium in consultation with the governor, the legislature,
the office of the superintendent of public instruction, the state
board for community and technical colleges, the workforce
training and education coordinating board, higher education
institutions, educational associations, and business and community groups consistent with statewide needs;
(4) To solicit grant proposals and provide information to
the institutions of higher education about the program; and
(5) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients of the grants awarded by the higher education coordinating board. [2010 c 245 § 8; 1999 c 169 § 3; 1996 c 41 § 2;
1991 c 98 § 3.]
28B.120.020
Findings—Expand on demand—System design plan endorsed—
2010 c 245: See note following RCW 28B.50.020.
28B.120.025 Program administration—State board
for community and technical colleges. The state board for
community and technical colleges has the following powers
and duties in administering the program for those proposals
in which a community or technical college is named as the
lead institution and fiscal agent:
(1) To adopt rules necessary to carry out the program;
(2) To establish one or more review committees to assist
in the evaluation of proposals for funding. The review committee shall include individuals with significant experience in
higher education in areas relevant to one or more of the funding period priorities and shall include representatives from
both the four-year and two-year sectors of higher education;
(3) To award grants no later than September 1st in those
years when funding is available by June 30th;
(4) To establish each biennium specific guidelines for
submitting grant proposals consistent with the overall goals
of the program and consistent with the guidelines established
by the higher education coordinating board under RCW
28B.120.020. During the 1999-01 biennium the guidelines
shall be consistent with the following desired outcomes of:
28B.120.025
(2010 Ed.)
Food Animal Veterinarian Conditional Scholarship Program
(a) Minority and diversity initiatives that encourage the
participation of minorities in higher education, including students with disabilities;
(b) K-12 teacher preparation models that encourage collaboration between higher education and K-12 to improve the
preparedness of teachers, including provisions for higher
education faculty involved with teacher preparation to spend
time teaching in K-12 schools;
(c) Collaborative instructional programs involving K-12,
community and technical colleges, and four-year institutions
of higher education to develop a three-year degree program,
or reduce the time to degree;
(d) Contracts with public or private institutions or businesses to provide services or the development of collaborative programs;
(e) Articulation and transfer activities to smooth the
transfer of students from K-12 to higher education, or from
the community colleges and technical colleges to four-year
institutions;
(f) Projects that further the development of learner-centered, technology-assisted course delivery; and
(g) Projects that further the development of competencybased measurements of student achievement to be used as the
basis for awarding degrees and certificates;
(5) To solicit grant proposals and provide information to
the community and technical colleges and private career
schools; and
(6) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients of the grants awarded by the state board for community
and technical colleges. [1999 c 169 § 4.]
28B.120.030 Receipt of gifts, grants, and endowments. The higher education coordinating board and the
state board for community and technical colleges may solicit
and receive such gifts, grants, and endowments from public
or private sources as may be made from time to time, in trust
or otherwise, for the use and benefit of the purposes of the
program and may expend the same or any income therefrom
according to the terms of the gifts, grants, or endowments.
[1999 c 169 § 6; 1991 c 98 § 4.]
28B.120.030
28B.120.040 Higher education coordinating board
fund for innovation and quality. The higher education
coordinating board fund for innovation and quality is hereby
established in the custody of the state treasurer. The higher
education coordinating board shall deposit in the fund all
moneys received under RCW 28B.120.030. Moneys in the
fu nd m ay be sp en t o nly f or the pur po ses of RCW
28B.120.010 and 28B.120.020. Disbursements from the fund
shall be on the authorization of the higher education coordinating board. The fund is subject to the allotment procedure
provided under chapter 43.88 RCW, but no appropriation is
required for disbursements. [1999 c 169 § 7; 1996 c 41 § 3;
1991 c 98 § 5.]
28B.121.010
education. Changes are needed so that the goals and priorities
set forth for awarding grants reflect the 1999-01 goals and
priorities. The legislature also intends to improve the administration of the program by separating responsibilities
between the higher education coordinating board and the
state board for community and technical colleges. [1999 c
169 § 1.]
Chapter 28B.121 RCW
FOOD ANIMAL VETERINARIAN CONDITIONAL
SCHOLARSHIP PROGRAM
Chapter 28B.121
Sections
28B.121.005
28B.121.010
28B.121.020
28B.121.030
28B.121.040
28B.121.050
28B.121.060
28B.121.070
Findings—Intent.
Definitions.
Program established.
Selection of participants—Selection committee—Selection criteria.
Eligibility.
Award of scholarships—Amount—Duration.
Repayment obligation—Rules.
Food animal veterinarian conditional scholarship account.
28B.121.005 Findings—Intent. The legislature finds
that there is a critical shortage of food animal veterinarians
particularly in rural areas of the state. The legislature finds
that among the factors contributing to this shortage is the
need to repay student loans that are taken out to pay for an
extensive and high-cost education. To pay these student
loans, licensed graduates currently find it necessary to take
higher paying positions that provide service to companion
and small animals.
The legislature finds that the livestock industry provides
a critical component of the food supply. Providing adequate
animal health and disease diagnostic services is of high
importance not only to protect animal health, but also for the
protection of our food supply, the protection of public health
from potential effects of contagious diseases, and to provide
an essential disease detection and response capability.
The legislature intends to increase the supply of food
animal veterinarians by providing incentives to graduates of
Washington State University college of veterinary medicine
to focus on food animal health services to address this critical
shortage. [2008 c 208 § 1.]
28B.121.005
28B.120.040
28B.120.900 Intent—1999 c 169. It is the intent of the
legislature to update and fund the higher education competitive grant program established by the 1991 legislature, known
as the Washington fund for innovation and quality in higher
28B.120.900
(2010 Ed.)
28B.121.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "College" means the Washington State University
college of veterinary medicine.
(2) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders service as a
food animal veterinarian in this state.
(3) "Eligible student" means a student who is registered
for at least six credit hours or the equivalent, is making satisfactory academic progress as defined by the college, has
declared veterinary medicine for his or her major, and has a
declared intention to practice veterinary medicine with an
emphasis in food animal medicine in the state of Washington.
(4) "Food animal" means any species commonly recognized as livestock including, but not limited to, poultry, cattle, swine, and sheep.
28B.121.010
[Title 28B RCW—page 253]
28B.121.020
Title 28B RCW: Higher Education
(5) "Food animal veterinarian" means a veterinarian
licensed and registered under chapter 18.92 RCW and
engaged in general and food animal practice as a primary specialty, who has at least fifty percent of his or her practice time
devoted to large production animal veterinary practice.
(6) "Forgiven" or "to forgive" or "forgiveness" means to
practice veterinary medicine with an emphasis in food animal
medicine in the state of Washington in lieu of monetary
repayment.
(7) "Participant" means an eligible student who has
received a conditional scholarship under this chapter.
(8) "Satisfied" means paid-in-full.
(9) "University" means Washington State University.
[2008 c 208 § 2.]
28B.121.020 Program established. The food animal
veterinarian conditional scholarship program is established.
The program shall be administered by the university. In
administering the program, the university has the following
powers and duties:
(1) To select, in consultation with the college, up to two
students each year to receive conditional scholarships;
(2) To adopt necessary rules and guidelines;
(3) To publicize the program;
(4) To collect and manage repayments from students
who do not meet their obligations under this chapter; and
(5) To solicit and accept grants and donations from public and private sources for the program. [2008 c 208 § 3.]
28B.121.020
28B.121.030 Selection of participants—Selection
committee—Selection criteria. (1) The university shall
select participants based on an application process conducted
by the university.
(2) The university shall establish a selection committee
for screening and selecting recipients of the conditional
scholarships. The selection committee shall include at least
two representatives from the college, at least one of whom is
a faculty member teaching in food animal veterinary medicine, and at least one representative from the beef, dairy, or
sheep industry.
(3) The selection criteria shall emphasize factors demonstrating a sustained interest in food animals and serving the
needs of Washington’s agricultural communities. The criteria shall also take into account the need for food animal veterinarians in diverse areas of the state and allocate funds in a
manner designed to represent a cross-section of geographic
locations. [2008 c 208 § 4.]
28B.121.030
28B.121.040 Eligibility. To remain an eligible student
and receive continuing disbursements under the program, a
participant must be considered by the college to be making
satisfactory academic progress. [2008 c 208 § 5.]
28B.121.040
28B.121.050 Award of scholarships—Amount—
Duration. The university may award conditional scholarships to eligible students from the funds appropriated to the
university for this purpose, or from any private donations, or
any other funds given to the university for this program. The
amount of the conditional scholarship awarded an individual
may not exceed the amount of resident tuition and fees at the
28B.121.050
[Title 28B RCW—page 254]
college, as well as the cost of room, board, laboratory fees
and supplies, and books, incurred by an eligible student and
approved by a financial aid administrator at the university.
Participants are eligible to receive conditional scholarships
for a maximum of five years. [2008 c 208 § 6.]
28B.121.060 Repayment obligation—Rules. (1) A
participant in the conditional scholarship program incurs an
obligation to repay the conditional scholarship, with interest,
unless he or she is employed as a food animal veterinarian in
Washington state for each year of scholarship received, under
rules adopted by the university.
(2) The interest rate shall be determined annually by the
university.
(3) The minimum payment shall be set by the university.
The maximum period for repayment is ten years, with payments of principal and interest accruing quarterly commencing six months from the date the participant completes or discontinues the course of study, including any internship or residency in food animal medicine and surgery. Provisions for
deferral of payment shall be determined by the university.
(4) The entire principal and interest of each payment
shall be forgiven for each payment period in which the participant is employed as a food animal veterinarian in this state
until the entire repayment obligation is satisfied. Should the
participant cease to be employed as a food animal veterinarian in this state before the participant’s repayment obligation
is completed, payments on the unsatisfied portion of the principal and interest shall begin the next payment period and
continue until the remainder of the participant’s repayment
obligation is satisfied.
(5) The university is responsible for collection of repayments made under this section and shall exercise due diligence in such collection, maintaining all necessary records to
ensure that maximum repayments are made. Collection and
servicing of repayments under this section shall be pursued
using the full extent of the law, including wage garnishment
if necessary. The university is responsible to forgive all or
parts of such repayments under the criteria established in this
section and shall maintain all necessary records of forgiven
payments.
(6) Receipts from the payment of principal or interest or
any other subsidies to which the university as administrator is
entitled, that are paid by or on behalf of participants under
this section, shall be deposited in the food animal veterinarian
conditional scholarship account and shall be used to cover the
costs of granting the conditional scholarships, maintaining
necessary records, and making collections under subsection
(5) of this section. The university shall maintain accurate
records of these costs, and all receipts beyond those necessary to pay such costs shall be used to grant conditional
scholarships to eligible students.
(7) The university shall adopt rules to define the terms of
repayment, including applicable interest rates, fees, and
deferments. [2008 c 208 § 7.]
28B.121.060
28B.121.070 Food animal veterinarian conditional
scholarship account. (1) The food animal veterinarian conditional scholarship account is created in the custody of the
state treasurer. No appropriation is required for expenditures
28B.121.070
(2010 Ed.)
Transportation Demand Management Programs
of funds from the account. The account is not subject to allotment procedures under chapter 43.88 RCW except for moneys used for program administration.
(2) The university shall deposit into the account all moneys received for the program. The account shall be self-sustaining and consist of funds appropriated by the legislature
for the food animal veterinarian conditional scholarship program, private contributions to the program, and receipts from
participant repayments.
(3) Expenditures from the account may be used solely
for conditional scholarships to participants in the program
established by this chapter and costs associated with program
administration by the university.
(4) Disbursements from the account may be made only
on the authorization of the university. [2008 c 208 § 8.]
28B.130.020
trips are not only contributing to the degradation of the state’s
environment and deterioration of its transportation system,
but are also usurping parking spaces from surrounding residential communities because existing parking facilities cannot accommodate students’ current demand. Therefore, it is
the intent of the legislature to permit these institutions to
develop and fund transportation demand management programs that reduce single-occupant vehicle travel and promote
alternatives to single-occupant vehicle driving. The legislature encourages institutions of higher education to include
faculty and staff in their transportation demand management
programs. [1993 c 447 § 1.]
Findings—Intent.
Definitions.
Transportation fee.
Use of transportation fees.
Adoption of guidelines for establishing and funding transportation demand management programs.
28B.130.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Transportation fee" means the fee charged to
employees and students at institutions of higher education for
the purposes provided in RCW 28B.130.020.
(2) "Transportation demand management program"
means the set of strategies adopted by an institution of higher
education to reduce the number of single-occupant vehicles
traveling to its campus. These strategies may include but are
not limited to those identified in RCW 70.94.531. [1993 c
447 § 2.]
28B.130.005 Findings—Intent. Transportation
demand management strategies that reduce the number of
vehicles on Washington state’s highways, roads, and streets,
and provide attractive and effective alternatives to singleoccupancy travel, can improve ambient air quality, conserve
fossil fuels, and forestall the need for capital improvements to
the state’s transportation system. The legislature has required
many public and private employers in the state’s largest
counties to implement transportation demand management
programs to reduce the number of single-occupant vehicle
travelers during the morning and evening rush hours, and has
provided substantial funding for the University of Washington’s UPASS program, which has been immensely successful
in its first two years of implementation. The legislature finds
that additional transportation demand management strategies
are required to mitigate the adverse social, environmental,
and economic effects of auto dependency and traffic congestion. While expensive capital improvements, including dedicated busways and commuter rail systems, may be necessary
to improve the region’s mobility, they are only part of the
solution. All public and private entities that attract singleoccupant vehicle drivers must develop imaginative and
cost-effective ways to encourage walking, bicycling, carpooling, vanpooling, bus riding, and telecommuting. It is the
intent of the legislature to revise those portions of state law
that inhibit the application of imaginative solutions to the
state’s transportation mobility problems, and to encourage
many more public and private institutions of higher learning
to adopt effective transportation demand management strategies.
The legislature finds further that many of the institutions
of higher education in the state’s largest counties are responsible for significant numbers of single-occupant vehicle trips
to and from their campuses. These single-occupant vehicle
28B.130.020 Transportation fee. (1) The governing
board of an institution of higher education as defined in RCW
28B.10.016 may impose either a voluntary or a mandatory
transportation fee on employees and on students at the institution. The board of regents of Washington State University
may impose either a voluntary or a mandatory transportation
fee on faculty and staff working at the Riverpoint higher education park and on students attending classes there. The transportation fee shall be used solely to fund transportation
demand management programs that reduce the demand for
campus and neighborhood parking, and promote alternatives
to single-occupant vehicle driving. If the board charges a
mandatory transportation fee to students, it shall charge a
mandatory transportation fee to employees. The transportation fee for employees may exceed, but shall not be lower
than the transportation fee charged to students. The transportation fee for employees may be deducted from the employees’ paychecks. The transportation fee for students may be
imposed annually, or each academic term. For students
attending community colleges and technical colleges, the
mandatory transportation fee shall not exceed sixty percent of
the maximum rate permitted for services and activities fees at
community colleges, unless, through a vote, a majority of students consent to increase the transportation fee. For students
attending four-year institutions of higher education or classes
at the Riverpoint higher education park, the mandatory transportation fee shall not exceed thirty-five percent of the maximum rate permitted for services and activities fees at the
institution where the student is enrolled unless, through a
vote, a majority of students consents to increase the transportation fee. The board may make a limited number of exceptions to the fee based on a policy adopted by the board.
(2) The board of regents of Washington State University
shall not impose a transportation fee on any student who is
Chapter 28B.130
Chapter 28B.130 RCW
TRANSPORTATION DEMAND
MANAGEMENT PROGRAMS
Sections
28B.130.005
28B.130.010
28B.130.020
28B.130.030
28B.130.040
28B.130.005
(2010 Ed.)
28B.130.010
28B.130.020
[Title 28B RCW—page 255]
28B.130.030
Title 28B RCW: Higher Education
already paying a transportation fee to the institution of higher
education in which the student is enrolled. [1998 c 344 § 7;
1997 c 273 § 2; 1993 c 447 § 3.]
private institutions of higher education, as defined in RCW
28B.92.030, that participate in the state need grant program.
[2004 c 275 § 72; 2003 c 19 § 2.]
Intent—Findings—1998 c 344: See note following RCW 28B.38.010.
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.130.030 Use of transportation fees. Transportation fees shall be spent only on activities directly related to
the institution of higher education’s transportation demand
management program. These may include, but are not limited
to the following activities: Transit, carpool, and vanpool subsidies; ridesharing programs, and program advertising for
carpools, vanpools, and transit service; guaranteed ride-home
and telecommuting programs; and bicycle storage facilities.
Funds may be spent on capital or operating costs incurred in
the implementation of any of these strategies, and may be
also used to contract with local or regional transit agencies
for transportation services. Funds may be used for existing
programs if they are incorporated into the campus transportation demand management program. [1993 c 447 § 4.]
28B.130.030
28B.130.040 Adoption of guidelines for establishing
and funding transportation demand management programs. The board of trustees or board of regents of each
institution of higher education imposing a transportation fee
shall adopt guidelines governing the establishment and funding of transportation demand management programs supported by transportation fees. These guidelines shall establish
procedures for budgeting and expending transportation fee
revenue. [1993 c 447 § 5.]
28B.130.040
Chapter 28B.133 RCW
GAINING INDEPENDENCE FOR STUDENTS
WITH DEPENDENTS PROGRAM
Chapter 28B.133
Sections
28B.133.005
28B.133.010
28B.133.020
28B.133.030
28B.133.040
28B.133.050
28B.133.900
28B.133.901
Finding—Intent.
Program created.
Eligibility.
Students with dependents grant account.
Program administration.
Use of grants.
Short title.
Captions not law—2003 c 19.
28B.133.005 Finding—Intent. The legislature finds
that financially needy students, especially those with dependents, are finding it increasingly difficult to stay in school
due to the high costs of caring for their dependent children.
The legislature intends to establish an educational assistance grant program, funded through gifts, grants, or endowments from private sources, for students with dependents
who have additional financial needs due to the care they provide for their dependents eighteen years of age or younger.
[2003 c 19 § 1.]
28B.133.005
28B.133.010 Program created. The educational assistance grant program for students with dependents is hereby
created, subject to the availability of receipts of gifts, grants,
or endowments from private sources. The program is created
to serve financially needy students with dependents eighteen
years of age or younger, by assisting them directly through a
grant program to pursue a degree or certificate at public or
28B.133.010
[Title 28B RCW—page 256]
28B.133.020 Eligibility. To be eligible for the educational assistance grant program for students with dependents,
applicants shall: (1) Be residents of the state of Washington;
(2) be needy students as defined in *RCW 28B.92.030(3); (3)
be eligible to participate in the state need grant program as set
forth under RCW 28B.92.080; and (4) have dependents eighteen years of age or younger who are under their care. [2004
c 275 § 73; 2003 c 19 § 3.]
28B.133.020
*Reviser’s note: Due to the alphabetization of RCW 28B.92.030 pursuant to RCW 1.08.015(2)(k), subsection (3) was changed to subsection (5).
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.133.030 Students with dependents grant
account. (1) The students with dependents grant account is
created in the custody of the state treasurer. All receipts from
the program shall be deposited into the account. Only the
higher education coordinating board, or its designee, may
authorize expenditures from the account. Disbursements
from the account are exempt from appropriations and the
allotment procedures under chapter 43.88 RCW.
(2) The board may solicit and receive gifts, grants, or
endowments from private sources that are made from time to
time, in trust or otherwise, for the use and benefit of the purposes of the educational assistance grant program. The executive director, or the executive director’s designee, may
spend gifts, grants, or endowments or income from the private sources according to their terms unless the receipt of the
gifts, grants, or endowments violates *RCW 42.17.710.
(3) The earnings on the account shall be used solely for
the purposes in RCW 28B.133.010, except when the terms of
a conditional gift of private moneys in the account require
that a portion of earnings on such moneys be reinvested in the
account. [2003 c 19 § 4.]
28B.133.030
*Reviser’s note: RCW 42.17.710 was recodified as RCW 42.17A.560
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
28B.133.040 Program administration. The higher
education coordinating board shall develop and administer
the educational assistance grant program for students with
dependents. In administering the program, once the balance
in the students with dependents grant account is five hundred
thousand dollars, the board’s powers and duties shall include
but not be limited to:
(1) Adopting necessary rules and guidelines;
(2) Publicizing the program;
(3) Accepting and depositing donations into the grant
account established in RCW 28B.133.030; and
(4) Soliciting and accepting grants and donations from
private sources for the program. [2003 c 19 § 5.]
28B.133.040
28B.133.050 Use of grants. The educational assistance
grant program for students with dependents grants may be
used by eligible participants to attend any public or private
college or university in the state of Washington as defined in
28B.133.050
(2010 Ed.)
Child Care for Higher Education Students
RCW 28B.92.030. Each participating student may receive an
amount to be determined by the higher education coordinating board, with a minimum amount of one thousand dollars
per academic year, not to exceed the student’s documented
financial need for the course of study as determined by the
institution.
Educational assistance grants for students with dependents are not intended to supplant any grant scholarship or tax
program related to postsecondary education. If the higher
education coordinating board finds that the educational assistance grants for students with dependents supplant or reduce
any grant, scholarship, or tax program for categories of students, then the higher education coordinating board shall
adjust the financial eligibility criteria or the amount of the
grant to the level necessary to avoid supplanting. [2004 c 275
§ 74; 2003 c 19 § 6.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
28B.133.900 Short title. This chapter may be known
and cited as the gaining independence for students with
dependents program. [2003 c 19 § 7.]
28B.133.900
28B.133.901 Captions not law—2003 c 19. Captions
used in this act are not any part of the law. [2003 c 19 § 9.]
28B.133.901
Chapter 28B.135
Chapter 28B.135 RCW
CHILD CARE FOR
HIGHER EDUCATION STUDENTS
Sections
28B.135.010
28B.135.020
28B.135.030
28B.135.035
28B.135.040
Four-year student child care in higher education account—
Program established.
Grants—Eligibility—Grant period.
Program administration—Four-year institutions of higher
education—Rules—Reports.
Program administration—Community and technical colleges—Rules—Reports.
Four-year student child care in higher education account.
28B.135.010 Four-year student child care in higher
education account—Program established. The four-year
student child care in higher education account is established.
The higher education coordinating board shall administer the
program for the four-year institutions of higher education.
Through these programs the board shall award either competitive or matching child care grants to state institutions of
higher education to encourage programs to address the need
for high quality, accessible, and affordable child care for students at higher education institutions. The grants shall be
used exclusively for the provision of quality child care services for students at institutions of higher education. The
university or college administration and student government
association, or its equivalent, of each institution receiving the
award may contribute financial support in an amount equal to
or greater than the child care grant received by the institution.
[2010 1st sp.s. c 9 § 5; 2008 c 162 § 2; 1999 c 375 § 1.]
28B.135.010
Effective date—2010 1st sp.s. c 9: See note following RCW
43.105.805.
Intent—2008 c 162: "It is the intent of the legislature to improve access
to higher education for all residents and ensure that students have the necessary resources and support services to attain their educational goals while
keeping families strong. For many students, the lack of affordable, accessi(2010 Ed.)
28B.135.030
ble, quality child care on or in close proximity to colleges and universities is
a barrier to completion of their higher education goals. Further, it is the
intent of the legislature to adopt policies that, to the extent possible, leverage
existing resources and maximize educational outcomes by supporting affordable, accessible, and quality child care programs." [2008 c 162 § 1.]
28B.135.020 Grants—Eligibility—Grant period.
The institution of higher education shall be eligible to receive
the grant for a period not exceeding two years. After the expiration of any two-year grant, the institution may reapply to
receive subsequent grant awards or a continuation of the
grant awarded the prior two years. [1999 c 375 § 2.]
28B.135.020
28B.135.030 Program administration—Four-year
institutions of higher education—Rules—Reports. The
higher education coordinating board shall have the following
powers and duties in administering the program for the
four-year institutions of higher education:
(1) To adopt rules necessary to carry out the program;
(2) To establish one or more review committees to assist
in the evaluation of proposals for funding. The review committees may receive input from parents, educators, and other
experts in the field of early childhood education for this purpose;
(3) To establish each biennium specific guidelines for
submitting grant proposals consistent with the overall goals
of the program. The guidelines shall be consistent with the
following desired outcomes of increasing access to quality
child care for students, providing affordable child care alternatives for students, creating a partnership between university or college administrations, university or college foundations, and student government associations, or their equivalents;
(4) To proportionally distribute the amount of money
available in the trust fund based on the financial support for
child care received by the student government associations or
their equivalents. Student government associations may
solicit funds from private organizations and targeted
fund-raising campaigns as part of their financial support for
child care;
(5) To solicit grant proposals and provide information to
the institutions of higher education about the program;
(6) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients of the grants; and
(7) To report to the appropriate committees of the legislature by December 15, 2008, and every two years thereafter,
on the status of program design and implementation at the
four-year institutions of higher education. The report shall
include but not be limited to summary information on the
institutions receiving child care grant allocations, the amount
contributed by each university or college administration and
student government association for the purposes of child care
including expenditures and reports for the previous biennium, services provided by each institutional child care center, the number of students using such services, and identifiable unmet need. [2008 c 162 § 3; 2005 c 490 § 8; 1999 c 375
§ 3.]
28B.135.030
Intent—2008 c 162: See note following RCW 28B.135.010.
Effective date—2005 c 490: See note following RCW 43.215.540.
[Title 28B RCW—page 257]
28B.135.035
Title 28B RCW: Higher Education
28B.135.035 Program administration—Community
and technical colleges—Rules—Reports. The state board
for community and technical colleges shall have the following powers and duties in administering the program established in RCW 28B.135.010 for the two-year institutions of
higher education:
(1) To adopt rules necessary to carry out the program;
(2) To establish, if deemed necessary, one or more
review committees to assist in the evaluation of proposals for
funding. The review committees may receive input from parents, educators, and other experts in the field of early childhood education for this purpose;
(3) To establish each biennium specific guidelines for
submitting grant proposals consistent with the overall goals
of the program. The guidelines shall be consistent with the
following desired outcomes of increasing access to quality
child care for students, providing affordable child care alternatives for students, creating more cooperative preschool
programs or other alternative parent education models, creating models that can be replicated at other institutions, creating a partnership between college administrations, college
foundations, and student government associations, or their
equivalents, and increasing innovation at campus child care
centers;
(4) To establish guidelines for an allocation system
based on factors that include but are not limited to: The
amount of money available in the trust fund and the financial
support for child care received by the student government
associations or their equivalents. Student government associations may solicit funds from private organizations and targeted fund-raising campaigns as part of their financial support for child care;
(5) To solicit grant proposals and provide information to
the institutions of higher education about the program;
(6) To establish reporting, evaluation, accountability,
monitoring, and dissemination requirements for the recipients of the grants; and
(7) To report to the appropriate committees of the legislature by December 15, 2008, and every two years thereafter,
on the status of program design and implementation within
the community and technical college system. The report
shall include but not be limited to summary information on
the institutions receiving child [care] grant allocations, the
amount contributed by each college administration and student government association for the purposes of child care,
including expenditures and reports for the previous biennium, services provided by each institutional child care center, the number of students using such services, and identifiable unmet need. [2008 c 162 § 4.]
28B.135.035
Intent—2008 c 162: See note following RCW 28B.135.010.
28B.135.040 Four-year student child care in higher
education account. The four-year student child care in
higher education account is established in the custody of the
state treasurer. Moneys in the account may be spent only for
the purposes of RCW 28B.135.010. Disbursements from the
account shall be on the authorization of the higher education
coordinating board. The account is subject to the allotment
procedures under chapter 43.88 RCW, but no appropriation is
required for disbursements. [2010 1st sp.s. c 9 § 4; 1999 c
375 § 4.]
28B.135.040
[Title 28B RCW—page 258]
Effective date—2010 1st sp.s. c 9: See note following RCW
43.105.805.
Chapter 28B.140 RCW
FINANCING RESEARCH FACILITIES AT
RESEARCH UNIVERSITIES
Chapter 28B.140
Sections
28B.140.005 Policy.
28B.140.010 Scope of authority.
28B.140.020 Financial responsibility of university—No state general fund
obligation.
28B.140.030 Authority of chapter—Supplemental.
28B.140.900 Reports to the legislature.
28B.140.005 Policy. It is the policy of the state to
encourage basic and applied scientific research by the state’s
research universities. The creation of knowledge is a core
mission of the state’s research universities, and research provides teaching and learning opportunities for students and
faculty. State-of-the-art facilities for research by research
universities serve to attract the most capable students and faculty to the state and research grants from public and private
institutions throughout the world. The application of such
research stimulates investment and employment within
Washington and the strengthening of our tax base. In order to
finance research facilities, the state’s research universities
often use federal, state, private, and university resources and
therefore require the authority to enter into financing arrangements that leverage funding sources and reduce the costs of
such complex facilities to the state. [2002 c 151 § 1.]
28B.140.005
28B.140.010 Scope of authority. The University of
Washington and Washington State University each may:
(1) Acquire, construct, rehabilitate, equip, and operate
facilities and equipment to promote basic and applied
research in the sciences;
(2) Borrow money for such research purposes, including
interest during construction and other incidental costs, issue
revenue bonds or other evidences of indebtedness, refinance
the same before or at maturity, and provide for the amortization of such indebtedness by pledging all or a component of
the fees and revenues of the university available for such purpose derived from the ownership and operation of any of its
facilities or conducting research that are not subject to appropriation by the legislature and that do not constitute general
state revenues as defined in Article VIII, section 1 of the state
Constitution;
(3) Enter into leases, with or without an option to purchase, of real and personal property to be used in basic and
applied research in the sciences; and
(4) Lease all or a portion of such facilities and equipment
as is deemed prudent by the university to provide for research
conducted by persons or entities that are not part of the university but that provide rental income to support university
research facilities or provide opportunities for the interaction
of public and private research and research personnel, including students and faculty. [2002 c 151 § 2.]
28B.140.010
28B.140.020 Financial responsibility of university—
No state general fund obligation. The governing body of a
university financing facilities and equipment under this chap28B.140.020
(2010 Ed.)
Local Borrowing Authority—Research Universities
ter shall give due regard to the costs of maintaining and operating such facilities and equipment during the useful lives of
the facilities and equipment. No state appropriated funds may
be used for (1) the payment of maintenance and operation of
the facilities and equipment financed under this chapter; or
(2) the grant or contract-supported research activities housed
in these facilities. If funding through grants or contracts for
research activities housed in these facilities is reduced, eliminated, or declared insufficient, the funding deficiencies are
not a state obligation to be paid from the state general fund.
[2002 c 151 § 3.]
28B.140.030 Authority of chapter—Supplemental.
The authority granted by this chapter is supplemental to any
existing or future authority granted to the University of
Washington and Washington State University and shall not
be construed to limit the existing or future authority of these
universities. [2002 c 151 § 4.]
28B.140.030
28B.140.900 Reports to the legislature. Before January 31st of each year, the University of Washington and
Washington State University must report to the ways and
means committee of the senate and the capital budget committee of the house of representatives on the financing
arrangements entered into under the authority of this chapter.
[2002 c 151 § 7.]
28B.140.900
Chapter 28B.142
Chapter 28B.142 RCW
LOCAL BORROWING AUTHORITY—
RESEARCH UNIVERSITIES
Sections
28B.142.005 Finding—Intent.
28B.142.010 Bonds, notes, evidences of indebtedness—University of
Washington and Washington State University.
28B.142.020 Reports.
28B.142.030 Bonds, notes, evidences of indebtedness—University of
Washington—Refinancing.
28B.142.040 Authority of chapter—Supplemental.
28B.142.005 Finding—Intent. The legislature hereby
recognizes that the University of Washington and Washington State University will require additional methods of funding to meet the universities’ educational and research missions and remain competitive in a challenging environment.
State appropriations are sufficient to meet only a portion of
these research universities’ funding requirements. The state
authorizes the universities to collect student tuition, services
and activities fees, building fees, and technology fees, subject
to statutory limits. In addition, the universities generate revenue from other sources such as grants, contracts, other fees,
sales and services, and investment income. The legislature
finds that the research universities are able to leverage these
local nonstate-appropriated funds to enhance university facilities and services for the benefit of students, faculty, and the
larger community. The legislature intends that the research
universities be permitted to borrow and incur obligations for
any university purpose, so long as repayment is limited to
local nonappropriated university funds and so long as the
state’s credit or general state revenues are not obligated or
used for repayment. To permit the University of Washington
to refinance the real and personal property acquired between
28B.142.005
(2010 Ed.)
28B.142.030
August and October 2006 before the end of the fiscal biennium, sections of chapter 24, Laws of 2007 necessary to
accomplish this limited purpose are made effective before the
end of the biennium. [2007 c 24 § 1.]
28B.142.010 Bonds, notes, evidences of indebtedness—University of Washington and Washington State
University. The board of regents of the University of Washington and Washington State University may issue bonds,
notes, or other evidences of indebtedness for any university
purpose. The board of regents of the University of Washington and Washington State University may obligate all or a
component of the fees and revenues of the university for the
payment of such bonds, notes, or evidences of indebtedness:
PROVIDED, That such fees and revenues are not subject to
appropriation by the legislature and do not constitute general
state revenues as defined in Article VIII, section 1 of the state
Constitution. Such bonds, notes, and other indebtedness
shall not constitute bonds, notes, or other evidences of
indebtedness secured by the full faith and credit of the state or
required to be paid, directly or indirectly, from general state
revenues. Bonds, notes, or other evidences of indebtedness
issued under this chapter shall be issued in accordance with
the procedures in RCW 28B.10.310 and 28B.10.315 or the
provisions applicable to either the state or local governments
under chapter 39.46 or 39.53 RCW. [2009 c 500 § 4; 2007 c
24 § 2.]
28B.142.010
Effective date—2009 c 500: See note following RCW 39.42.070.
28B.142.020 Reports. The University of Washington
and Washington State University must report annually to the
ways and means committee of the senate, the capital budget
committee of the house of representatives, and the office of
the state treasurer on any bonds, notes, and other evidences of
indebtedness issued under this chapter as a part of a public
securities offering. The report shall include a summary of the
total outstanding debt of the university, a summary of any
public securities offerings issued that year by purpose,
including rating information from at least one nationally recognized credit rating agency, issuance costs, interest rate
information, sources of repayment, and a copy of the annual
bondholder report filed by the University of Washington and
Washington State University in accordance with Rule 15c212 of the securities and exchange commission. [2007 c 24 §
3.]
28B.142.020
28B.142.030 Bonds, notes, evidences of indebtedness—University of Washington—Refinancing. The
board of regents of the University of Washington may issue
bonds, notes, or other evidences of indebtedness under this
section for the purpose of refinancing real and personal property acquired by the University of Washington during the
period between August and October 2006. The board of
regents of the University of Washington may obligate all or a
component of the fees and revenues of the university for the
payment of such bonds, notes, or evidences of indebtedness:
PROVIDED, That such fees and revenues are not subject to
appropriation by the legislature and do not constitute general
state revenues as defined in Article VIII, section 1 of the state
Constitution. Bonds, notes, or other evidences of indebted28B.142.030
[Title 28B RCW—page 259]
28B.142.040
Title 28B RCW: Higher Education
ness issued under this section shall be issued in accordance
with the procedures in RCW 28B.10.310 and 28B.10.315 or
the provisions applicable to either the state or local governments under chapter 39.46 or 39.53 RCW. Such bonds,
notes, and other indebtedness shall not constitute bonds,
notes, or other evidences of indebtedness secured by the full
faith and credit of the state or required to be paid, directly or
indirectly, from general state revenues. [2009 c 500 § 5;
2007 c 24 § 4.]
Effective date—2009 c 500: See note following RCW 39.42.070.
Effective date—2007 c 24 § 4: "Section 4 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
May 1, 2007." [2007 c 24 § 6.]
authorizations herein contained shall be construed only as
continuations of bond issues authorized by prior laws herein
repealed and reenacted, and the appropriations of moneys
herein contained are continued herein for historical purposes
only and this 1969 act shall not be construed as a reappropriation thereof and no appropriation contained herein shall be
deemed to be extended or revived hereby and such appropriation shall lapse or shall have lapsed in accordance with the
original enactment: PROVIDED, That this 1969 act shall not
operate to terminate, extend, or otherwise affect any appropriation for the biennium commencing July 1, 1967 and ending June 30, 1969. [1969 ex.s. c 223 § 28B.98.030. Formerly
RCW 28B.98.030.]
28B.900.040 Provisions to be construed in pari materia. The provisions of this title, Title 28B RCW, shall be
construed in pari materia even though as a matter of prior legislative history they were not originally enacted in the same
statute. The provisions of this title shall also be construed in
pari materia with the provisions of Title 28A RCW, and with
other laws relating to education. This section shall not operate retroactively. [1969 ex.s. c 223 § 28B.98.040. Formerly
RCW 28B.98.040.]
28B.900.040
28B.142.040 Authority of chapter—Supplemental.
The authority granted by this chapter is in addition and supplemental to any previously granted or future authority
granted to the University of Washington or Washington State
University and shall not be construed to limit the existing or
future powers or authority of these universities, including
without limitation the authority to issue bonds, notes, and
other evidences of indebtedness pursuant to RCW
28B.10.300 through 28B.10.330, 28B.20.145, or 28B.20.395
through 28B.20.398, or chapter 28B.140 RCW, or to participate in state reimbursable bond, certificate of participation, or
other state debt programs. [2007 c 24 § 5.]
28B.142.040
Chapter 28B.900
Chapter 28B.900 RCW
CONSTRUCTION
Sections
28B.900.010
28B.900.020
28B.900.030
28B.900.040
28B.900.050
28B.900.060
28B.900.070
28B.900.080
Repeals and savings—1969 ex.s. c 223.
Moneys transferred.
Continuation of existing law.
Provisions to be construed in pari materia.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
This code defined.
Effective date—1969 ex.s. c 223.
28B.900.010 Repeals and savings—1969 ex.s. c 223.
See 1969 ex.s. c 223 § 28B.98.010. Formerly RCW
28B.98.010.
28B.900.010
28B.900.020 Moneys transferred. All moneys in the
Southwestern Washington State College bond retirement
fund and the Southwestern Washington State College capital
projects account are hereby transferred to The Evergreen
State College bond retirement fund and The Evergreen State
College capital projects account respectively, which latter
fund and account are created in RCW 28B.35.370. [1969
ex.s. c 223 § 28B.98.020. Formerly RCW 28B.98.020.]
28B.900.020
28B.900.050 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or subsection headings, as used in this title, Title 28B RCW, do not
constitute any part of the law. [1969 ex.s. c 223 §
28B.98.050. Formerly RCW 28B.98.050.]
28B.900.050
28B.900.060 Invalidity of part of title not to affect
remainder. If any provision of this title, Title 28B RCW, or
its application to any person or circumstance is held invalid,
the remainder of the title, or the application of the provision
to other persons or circumstances is not affected. [1969 ex.s.
c 223 § 28B.98.060. Formerly RCW 28B.98.060.]
28B.900.060
28B.900.070 This code defined. As used in this title,
Title 28B RCW, "this code" means Titles 28A and 28B of
this 1969 act. [1969 ex.s. c 223 § 28B.98.070. Formerly
RCW 28B.98.070.]
28B.900.070
28B.900.080 Effective date—1969 ex.s. c 223. This act
shall take effect on July 1, 1970. [1969 ex.s. c 223 §
28B.98.080. Formerly RCW 28B.98.080.]
28B.900.080
28B.900.030 Continuation of existing law. The provisions of this title, Title 28B RCW, insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed
as restatements and continuations, and not as new enactments. Nothing in this 1969 code revision of Title 28 RCW
shall be construed as authorizing any new bond issues or new
or additional appropriations of moneys but the bond issue
28B.900.030
[Title 28B RCW—page 260]
(2010 Ed.)
Title 28C
VOCATIONAL EDUCATION
Title 28C
Chapters
28C.04 Vocational education.
28C.10 Private vocational schools.
28C.18 Workforce training and education.
Displaced homemaker act: Chapter 28B.04 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Vocational agriculture education—Service areas—Programs in local school
districts: RCW 28A.300.090.
Chapter 28C.04
Chapter 28C.04 RCW
VOCATIONAL EDUCATION
Sections
28C.04.390 Worker retraining program funds—Workforce training customer advisory committee.
28C.04.400 Job skills program—Legislative declaration and policy.
28C.04.410 Job skills program—Definitions.
28C.04.420 Job skills program—Grants—Reports.
28C.04.520 Washington award for vocational excellence—Intent.
28C.04.525 Washington award for vocational excellence—Establishment—Purposes.
28C.04.530 Washington award for vocational excellence—Board’s duties.
28C.04.535 Washington award for vocational excellence—Granted annually—Notice—Presentation.
28C.04.540 Washington award for vocational excellence—Contributions.
28C.04.545 Washington award for vocational excellence—Fee waivers—
Grants.
28C.04.550 Washington award for vocational excellence—When effective.
28C.04.600 AIDS information—Vocational schools.
AIDS information: Chapter 70.24 RCW.
Vocational agriculture education—Service areas—Programs in local school
districts: RCW 28A.300.090.
28C.04.390 Worker retraining program funds—
Workforce training customer advisory committee. (1)
The college board worker retraining program funds shall be
used for training programs and related support services,
including financial aid, counseling, referral to training
resources, job referral, and job development that:
(a) Are consistent with the unified plan for workforce
development;
(b) Provide increased enrollments for dislocated workers;
(c) Provide customized training opportunities for dislocated workers; and
(d) Provide increased enrollments and support services,
including financial aid for those students not receiving unemployment insurance benefits, that do not replace or supplant
any existing enrollments, programs, support services, or
funding sources.
(2) The college board shall develop a plan for use of the
worker retraining program funds in conjunction with the
workforce training customer advisory committee established
in subsection (3) of this section. In developing the plan the
college board shall:
28C.04.390
(2010 Ed.)
(a) Provide that applicants for worker retraining program
funds shall solicit financial support for training programs and
give priority in receipt of funds to those applicants which are
most successful in matching public dollars with financial
support;
(b) Provide that applicants for worker retraining program
funds shall develop training programs in partnership with
local businesses, industry associations, labor, and other partners as appropriate and give priority in receipt of funds to
those applicants who develop customized training programs
in partnership with local businesses, industry associations,
and labor organizations;
(c) Give priority in receipt of funds to those applicants
serving rural areas;
(d) Ensure that applicants receiving worker retraining
program funds gather information from local workforce
development councils on employer workforce needs, including the needs of businesses with less than twenty-five
employees;
(e) Provide for specialized vocational training at a private career school or college at the request of a recipient eligible under subsection (1)(b) of this section. Available
tuition for the training is limited to the amount that would
otherwise be payable per enrolled quarter to a public institution; and
(f) Give priority in receipt of funds to those applicants
working toward careers in the aerospace, health care,
advanced manufacturing, construction, forest product, and
renewable energy industries; high-demand occupations in
strategic industry clusters identified in the state comprehensive plan and the workforce development councils’ local
comprehensive plans for workforce educational training as
identified in RCW 28C.18.080 and 28C.18.150; and occupations and industries identified by community and technical
colleges in collaboration with local workforce development
councils. For purposes of this section, health care includes
long-term care.
(3) The executive director of the college board shall
appoint a workforce training customer advisory committee
by July 1, 1999, to:
(a) Assist in the development of the plan for the use of
the college board worker retraining program funds and recommend guidelines to the college board for the operation of
worker retraining programs;
(b) Recommend selection criteria for worker retraining
programs and grant applicants for receipt of worker retraining program grants;
(c) Provide advice to the college board on other workforce development activities of the community and technical
colleges;
(d) Recommend selection criteria for job skills grants,
consistent with criteria established in this chapter and chapter
[Title 28C RCW—page 1]
28C.04.400
Title 28C RCW: Vocational Education
121, Laws of 1999. Such criteria shall include a prioritization
of job skills applicants in rural areas;
(e) Recommend guidelines to the college board for the
operation of the job skills program; and
(f) Recommend grant applicants for receipt of job skills
program grants.
(4) Members of the workforce training customer advisory committee shall consist of three college system representatives selected by the executive director of the college
board, three representatives of business selected from nominations provided by statewide business organizations, and
three representatives of labor selected from nominations provided by a statewide labor organization representing a crosssection of workers in the state. [2010 1st sp.s. c 24 § 2; 1999
c 121 § 1.]
Findings—Intent—2010 1st sp.s. c 24: "(1) The legislature finds that
in times of severe economic recession, the state has a special obligation to
help unemployed and low-income citizens access the training and education
necessary to help them find and keep living wage jobs. The legislature also
finds that during times of recession, when state revenues are at their lowest,
demand for education and training are at their highest, making it especially
important for the legislature to set clear goals and make the most efficient use
of limited state resources.
(2) The legislature therefore intends to expand training and education
programs, which have proven to be successful, to help Washington citizens
receive the training they need. These programs include the worker retraining
program, the opportunity grant program, and the opportunity internship program. The legislature further intends to create more effective intake and outreach systems to reach the greatest number of citizens and connect them to
the resources they need, including college, apprenticeship, and preapprenticeship." [2010 1st sp.s. c 24 § 1.]
28C.04.400
28C.04.400 Job skills program—Legislative declaration and policy. The legislature declares that it is an important function of government to increase opportunities for
gainful employment, to assist in promoting a productive and
expanding economy, and to encourage the flow of business
and industry support to educational institutions. Therefore,
the legislature finds that it is in the public interest of the state
to encourage and facilitate the formation of cooperative relationships between business and industry and educational
institutions which provide for the development and significant expansion of programs of skills training and education
consistent with employment needs and to make interested
individuals aware of the employment opportunities presented
thereby. It is the policy of the state of Washington to ensure
that programs of skill training are available on a regional
basis and are utilized by a variety of businesses and industries. [1983 1st ex.s. c 21 § 1.]
Additional notes found at www.leg.wa.gov
28C.04.410 Job skills program—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout RCW 28C.04.390 and 28C.04.420.
(1) "Applicant" means an educational institution which
has made application for a job skills grant under RCW
28C.04.390 and 28C.04.420.
(2) "Business and industry" means a private corporation,
institution, firm, person, group, or association concerned with
commerce, trades, manufacturing, or the provision of services within the state, or a public or nonprofit hospital
licensed by the department of social and health services.
28C.04.410
[Title 28C RCW—page 2]
(3) "College board" means the state board for community and technical colleges under chapter 28B.50 RCW.
(4) "Dislocated worker" means an individual who meets
the definition of dislocated worker contained in P.L. 105-220,
Sec. 101 on July 25, 1999.
(5) "Educational institution" means a public secondary
or postsecondary institution, an independent institution, or a
private career school or college within the state authorized by
law to provide a program of skills training or education
beyond the secondary school level. Any educational institution receiving a job skills grant under RCW 28C.04.420 shall
be free of sectarian control or influence as set forth in Article
IX, section 4 of the state Constitution.
(6) "Equipment" means tangible personal property
which will further the objectives of the supported program
and for which a definite value and evidence in support of the
value have been provided by the donor.
(7) "Financial support" means any thing of value which
is contributed by business, industry, and others to an educational institution which is reasonably calculated to support
directly the development and expansion of a particular program under RCW 28C.04.390 and 28C.04.420 and represents
an addition to any financial support previously or customarily
provided to such educational institutions by the donor.
"Financial support" includes, but is not limited to, funds,
equipment, facilities, faculty, and scholarships for matriculating students and trainees.
(8) "Job skills grant" means funding that is provided to
an educational institution by the college board for the development or significant expansion of a program under RCW
28C.04.390 and 28C.04.420.
(9) "Job skills program" means a program of skills training or education separate from and in addition to existing
vocational education programs and which:
(a) Provides short-term training which has been designated for specific industries;
(b) Provides training for prospective employees before a
new plant opens or when existing industry expands;
(c) Includes training and retraining for workers already
employed by an existing industry or business where necessary to avoid dislocation or where upgrading of existing
employees would create new vacancies for unemployed persons;
(d) Serves areas with high concentrations of economically disadvantaged persons and high unemployment;
(e) Promotes the growth of industry clusters;
(f) Serves areas where there is a shortage of skilled labor
to meet job demands; or
(g) Promotes the location of new industry in areas
affected by economic dislocation.
(10) "Technical assistance" means professional and any
other assistance provided by business and industry to an educational institution, which is reasonably calculated to support
directly the development and expansion of a particular program and which represents an addition to any technical assistance previously or customarily provided to the educational
institutions by the donor. [2009 c 554 § 1; 1999 c 121 § 2;
1983 1st ex.s. c 21 § 2.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Vocational Education
28C.04.420 Job skills program—Grants—Reports.
The college board may, subject to appropriation from the legislature or from funds made available from any other public
or private source and pursuant to rules adopted by the college
board with the advice of the workforce training customer
advisory committee established in RCW 28C.04.390, provide
job skills grants to educational institutions. The job skills
grants shall be used exclusively for programs which are consistent with the job skills program. The college board shall
work in collaboration with the workforce training customer
advisory committee established in RCW 28C.04.390 to
assure that:
(1) The program is within the scope of the job skills program under this chapter and may reasonably be expected to
succeed and thereby increase employment within the state;
(2) Provision has been made to use any available alternative funding from local, state, and federal sources;
(3) The job skills grant will only be used to cover the
costs associated with the program;
(4) The program will not unnecessarily duplicate existing programs and could not be provided by another educational institution more effectively or efficiently;
(5) The program involves an area of skills training and
education for which there is a demonstrable need;
(6) The applicant has made provisions for the use of
existing federal and state resources for student financial
assistance;
(7) The job skills grant is essential to the success of the
program as the resources of the applicant are inadequate to
attract the technical assistance and financial support necessary for the program from business and industry;
(8) The program represents a collaborative partnership
between business, industry, labor, educational institutions,
and other partners, as appropriate;
(9) The commitment of financial support from business
and industry shall be equal to or greater than the amount of
the requested job skills grant;
(10) The job skills program gives priority to applications:
(a) Proposing training that leads to transferable skills that
are interchangeable among different jobs, employers, or
workplaces;
(b) From firms in strategic industry clusters as identified
by the state or local areas;
(c) Proposing coordination with other cluster-based programs or initiatives including, but not limited to, industry
skill panels, centers of excellence, innovation partnership
zones, state-supported cluster growth grants, and local cluster-based economic development initiatives;
(d) Proposing industry-based credentialing; and
(e) Proposing increased capacity for educational institutions that can be made available to industry and students
beyond the grant recipients;
(11) Binding commitments have been made to the college board by the applicant for adequate reporting of information and data regarding the program to the college board, particularly information concerning the recruitment and employment of trainees and students, and including a requirement
for an annual or other periodic audit of the books of the applicant directly related to the program, and for such control on
the part of the college board as it considers prudent over the
28C.04.420
(2010 Ed.)
28C.04.530
management of the program, so as to protect the use of public
funds, including, in the discretion of the commission and
without limitation, right of access to financial and other
records of the applicant directly related to the programs; and
(12) A provision has been made by the applicant to work,
in cooperation with the employment security department, to
identify and screen potential trainees, and that provision has
been made by the applicant for the participation as trainees of
low-income persons including temporary assistance for
needy families recipients, dislocated workers, and persons
from minority and economically disadvantaged groups to
participate in the program.
Beginning October 1, 1999, and every two years thereafter, the college board shall provide the legislature and the
governor with a report describing the activities and outcomes
of the state job skills program. [2009 c 554 § 2; 1999 c 121 §
3; 1983 1st ex.s. c 21 § 4.]
Additional notes found at www.leg.wa.gov
28C.04.520 Washington award for vocational excellence—Intent. Every year community colleges, technical
colleges, and high schools graduate students who have distinguished themselves by their outstanding performance in their
occupational training programs. The legislature intends to
recognize and honor these students by establishing a Washington award for vocational excellence. [1995 1st sp.s. c 7 §
1; 1984 c 267 § 1.]
28C.04.520
Additional notes found at www.leg.wa.gov
28C.04.525 Washington award for vocational excellence—Establishment—Purposes. The Washington award
for vocational excellence program is established. The purposes of this annual program are to:
(1) Maximize public awareness of the achievements,
leadership ability, and community contributions of the students enrolled in occupational training programs in high
schools, community colleges, and technical colleges;
(2) Emphasize the dignity of work in our society;
(3) Instill respect for those who become skilled in crafts
and technology;
(4) Recognize the value of vocational education and its
contribution to the economy of this state;
(5) Foster business, labor, and community involvement
in vocational-technical training programs and in this award
program; and
(6) Recognize the outstanding achievements of up to
three vocational or technical students, at least two of whom
should be graduating high school students, in each legislative
district. Students who have completed at least one year of a
vocational-technical program in a community college or public technical college may also be recognized. [1995 1st sp.s.
c 7 § 2; 1987 c 231 § 3; 1984 c 267 § 2.]
28C.04.525
Additional notes found at www.leg.wa.gov
28C.04.530 Washington award for vocational excellence—Board’s duties. (1) The workforce training and education coordinating board shall have the responsibility for the
development and administration of the Washington award for
vocational excellence program. The workforce training and
education coordinating board shall develop the program in
28C.04.530
[Title 28C RCW—page 3]
28C.04.535
Title 28C RCW: Vocational Education
consultation with other state agencies and private organizations having interest and responsibility in vocational education, including but not limited to: The state board for community and technical colleges, the office of the superintendent of public instruction, a voluntary professional
association of vocational educators, and representatives from
business, labor, and industry.
(2) The workforce training and education coordinating
board shall establish a planning committee to develop the criteria for screening and selecting the students who will receive
the award. This criteria shall include but not be limited to the
following characteristics: Proficiency in their chosen fields,
attendance, attitude, character, leadership, and civic contributions. [1995 1st sp.s. c 7 § 3; 1987 c 231 § 2; 1984 c 267 § 3.]
Additional notes found at www.leg.wa.gov
28C.04.535 Washington award for vocational excellence—Granted annually—Notice—Presentation. The
Washington award for vocational excellence shall be granted
annually. The workforce training and education coordinating
board shall notify the students receiving the award, their
vocational instructors, local chambers of commerce, the legislators of their respective districts, and the governor, after
final selections have been made. The workforce training and
education coordinating board, in conjunction with the governor’s office, shall prepare appropriate certificates to be presented to the selected students. Awards shall be presented in
public ceremonies at times and places determined by the
workforce training and education coordinating board in cooperation with the office of the governor. [1995 1st sp.s. c 7 §
4; 1984 c 267 § 4.]
28C.04.535
Additional notes found at www.leg.wa.gov
28C.04.540 Washington award for vocational excellence—Contributions. The workforce training and education coordinating board may accept any and all donations,
grants, bequests, and devices, conditional or otherwise, or
money, property, service, or other things of value which may
be received from any federal, state, or local agency, any institution, person, firm, or corporation, public and private, to be
held, used, or applied for the purposes of the Washington
award for vocational excellence program. The workforce
training and education coordinating board shall encourage
maximum participation from business, labor, and community
groups. The workforce training and education coordinating
board shall also coordinate, where feasible, the contribution
activities of the various participants.
The workforce training and education coordinating
board shall not make expenditures from funds collected
under this section until February 15, 1985. [1995 1st sp.s. c 7
§ 5; 1984 c 267 § 5.]
28C.04.540
Additional notes found at www.leg.wa.gov
28C.04.545 Washington award for vocational excellence—Fee waivers—Grants. (1) The respective governing
boards of the public technical colleges shall provide fee
waivers for a maximum of two years for those recipients of
the Washington award for vocational excellence established
under RCW 28C.04.520 through 28C.04.540 who received
the award before June 30, 1994. To qualify for the waiver,
28C.04.545
[Title 28C RCW—page 4]
recipients shall enter the public technical college within three
years of receiving the award. An above average rating at the
technical college in the first year shall be required to qualify
for the second-year waiver.
(2) Students named by the workforce training and education coordinating board after June 30, 1994, as recipients of
the Washington award for vocational excellence under RCW
28C.04.520 through 28C.04.550 shall be eligible to receive a
grant for undergraduate course work as authorized under
RCW 28B.76.670.
(3)(a) Beginning with awards made during the 1998-99
academic year, recipients must complete using the award
before the fall term in the sixth year following the date of the
award. For these recipients, eligibility for the award is forfeited after this period.
(b) All persons awarded a Washington award for vocational excellence before the 1995-96 academic year and who
have remaining eligibility on April 19, 1999, must complete
using the award before September 2002. For these recipients,
eligibility for the award is forfeited after this period.
(c) All persons awarded a Washington award for vocational excellence during the 1995-96, 1996-97, and 1997-98
academic years must complete using the award before September 2005. For these recipients, eligibility for the award is
forfeited after this period. [2004 c 275 § 61; 1999 c 28 § 1;
1995 1st sp.s. c 7 § 6; 1987 c 231 § 4; 1984 c 267 § 7.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Additional notes found at www.leg.wa.gov
28C.04.550 Washington award for vocational excellence—When effective. The Washington award for vocational excellence shall be effective commencing with the
1984-85 academic year. [1987 c 505 § 16; 1984 c 267 § 8.]
28C.04.550
28C.04.600 AIDS information—Vocational schools.
Each publicly operated vocational school shall make information available to all newly matriculated students on methods of transmission of the human immunodeficiency virus
and prevention of acquired immunodeficiency syndrome.
The curricula and materials shall be reviewed for medical
accuracy by the office on AIDS in coordination with the
appropriate regional AIDS service network. [1988 c 206 §
503.]
28C.04.600
Additional notes found at www.leg.wa.gov
Chapter 28C.10
Chapter 28C.10 RCW
PRIVATE VOCATIONAL SCHOOLS
Sections
28C.10.010
28C.10.020
28C.10.030
28C.10.040
28C.10.050
28C.10.060
28C.10.070
28C.10.082
28C.10.084
28C.10.090
28C.10.100
Intent.
Definitions.
Application of chapter.
Agency’s duties—Rules—Investigations—Interagency agreements about degree and nondegree programs.
Minimum standards—Denial of application for licensure—
Determination that school or program is at risk of closure or
termination.
Licenses—Requirements—Renewal.
Fees.
Tuition recovery fund—Created—State treasurer custodian.
Tuition recovery trust fund—Deposits—Operation—Claims.
Actions prohibited without license.
Suspension or modification of requirements of chapter.
(2010 Ed.)
Private Vocational Schools
28C.10.110 Unfair business practices.
28C.10.120 Complaints—Investigations—Hearings—Remedies—Transition assistance for students.
28C.10.130 Violations—Civil penalties.
28C.10.140 Violations—Criminal sanctions.
28C.10.150 Actions resulting in jurisdiction of courts.
28C.10.160 Educational records—Permanent file—Protection.
28C.10.170 Contracts voidable—When.
28C.10.180 Enforceability of debts—Authority to offer degree required.
28C.10.190 Actions to enforce chapter—Who may bring—Relief.
28C.10.200 Injunctive relief—Agency may seek.
28C.10.210 Violation of chapter unfair or deceptive practice under RCW
19.86.020.
28C.10.220 Remedies and penalties in chapter nonexclusive and cumulative.
28C.10.900 Severability—1986 c 299.
28C.10.902 Effective date—1986 c 299.
28C.10.010 Intent. It is the intent of this chapter to protect against practices by private vocational schools which are
false, deceptive, misleading, or unfair, and to help ensure
adequate educational quality at private vocational schools.
[1986 c 299 § 1.]
28C.10.040
(10) "To grant" includes to award, issue, sell, confer,
bestow, or give.
(11) "To offer" includes, in addition to its usual meanings, to advertise or publicize. "To offer" also means to
solicit or encourage any person, directly or indirectly, to perform the act described.
(12) "To operate" means to establish, keep, or maintain
any facility or location where, from, or through which education is offered or educational credentials are offered or
granted to residents of this state, and includes contracting for
the performance of any such act. [2007 c 462 § 1; 1993 c 445
§ 1; 1991 c 238 § 81; 1990 c 188 § 5; 1986 c 299 § 2.]
Additional notes found at www.leg.wa.gov
28C.10.010
28C.10.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means the workforce training and education coordinating board.
(2) "Agent" means a person owning an interest in,
employed by, or representing for remuneration a private
vocational school within or without this state, who enrolls or
personally attempts to secure the enrollment in a private
vocational school of a resident of this state, offers to award
educational credentials for remuneration on behalf of a private vocational school, or holds himself or herself out to residents of this state as representing a private vocational school
for any of these purposes.
(3) "Degree" means any designation, appellation, letters,
or words including but not limited to "associate," "bachelor,"
"master," "doctor," or "fellow" which signify or purport to
signify satisfactory completion of an academic program of
study beyond the secondary school level.
(4) "Education" includes but is not limited to, any class,
course, or program of training, instruction, or study.
(5) "Educational credentials" means degrees, diplomas,
certificates, transcripts, reports, or documents, that signify
satisfactory completion of the requirements or prerequisites
for any educational program.
(6) "Entity" includes, but is not limited to, a person, company, firm, society, association, partnership, corporation, or
trust.
(7) "Private vocational school" means any location
where an entity is offering postsecondary education in any
form or manner for the purpose of instructing, training, or
preparing persons for any vocation or profession.
(8) "Probation" means the agency has officially notified
a private vocational school in writing that the school or a program offered by the school has been identified by the agency
as at risk and has deficiencies that must be corrected within a
specified time period.
(9) "Program" means a sequence of approved subjects
offered by a school that teaches skills and fundamental
knowledge required for employment in a particular occupation.
28C.10.020
(2010 Ed.)
28C.10.030 Application of chapter. This chapter does
not apply to:
(1) Bona fide trade, business, professional, or fraternal
organizations sponsoring educational programs primarily for
that organization’s membership or offered by that organization on a no-fee basis;
(2) Entities offering education that is exclusively avocational or recreational;
(3) Education not requiring payment of money or other
consideration if this education is not advertised or promoted
as leading toward educational credentials;
(4) Entities that are established, operated, and governed
by this state or its political subdivisions under Title 28A,
28B, or 28C RCW;
(5) Degree-granting programs in compliance with the
rules of the higher education coordinating board;
(6) Any other entity to the extent that it has been
exempted from some or all of the provisions of this chapter
under RCW 28C.10.100;
(7) Entities not otherwise exempt that are of a religious
character, but only as to those educational programs exclusively devoted to religious or theological objectives and represented accurately in institutional catalogs or other official
publications;
(8) Entities offering only courses certified by the federal
aviation administration;
(9) Barber and cosmetology schools licensed under
chapter 18.16 RCW;
(10) Entities which only offer courses approved to meet
the continuing education requirements for licensure under
chapter 18.04, 18.79, or 48.17 RCW; and
(11) Entities not otherwise exempt offering only workshops or seminars lasting no longer than three calendar days.
[1994 sp.s. c 9 § 723; 1990 c 188 § 6; 1986 c 299 § 3.]
28C.10.030
Additional notes found at www.leg.wa.gov
28C.10.040 Agency’s duties—Rules—Investigations—Interagency agreements about degree and nondegree programs. The agency:
(1) Shall maintain a list of private vocational schools
licensed under this chapter;
(2) Shall adopt rules in accordance with chapter 34.05
RCW to carry out this chapter;
(3) May investigate any entity the agency reasonably
believes to be subject to the jurisdiction of this chapter. In
connection with the investigation, the agency may administer
28C.10.040
[Title 28C RCW—page 5]
28C.10.050
Title 28C RCW: Vocational Education
oaths and affirmations, issue subpoenas and compel attendance, take evidence, and require the production of any
books, papers, correspondence, memorandums, or other
records which the agency deems relevant or material to the
investigation. The agency, including its staff and any other
authorized persons, may conduct site inspections and examine records of all schools subject to this chapter;
(4) Shall develop an interagency agreement with the
higher education coordinating board to regulate degreegranting private vocational schools with respect to degree
and nondegree programs. [1994 c 38 § 5; 1986 c 299 § 4.]
28C.10.050 Minimum standards—Denial of application for licensure—Determination that school or program
is at risk of closure or termination. (1) The agency shall
adopt by rule minimum standards for entities operating private vocational schools. The minimum standards shall
include, but not be limited to, requirements to assess whether
a private vocational school is eligible to obtain and maintain
a license in this state.
(2) The requirements adopted by the agency shall, at a
minimum, require a private vocational school to:
(a) Disclose to the agency information about its ownership and financial position and to demonstrate to the agency
that the school is financially viable and responsible and that it
has sufficient financial resources to fulfill its commitments to
students. Financial disclosures provided to the agency shall
not be subject to public disclosure under chapter 42.56 RCW;
(b) Follow a uniform statewide cancellation and refund
policy as specified by the agency;
(c) Disclose through use of a school catalog, brochure, or
other written material, necessary information to students so
that students may make informed enrollment decisions. The
agency shall specify what information is required;
(d) Use an enrollment contract or agreement that
includes: (i) The school’s cancellation and refund policy, (ii)
a brief statement that the school is licensed under this chapter
and that inquiries may be made to the agency, and (iii) other
necessary information as determined by the agency;
(e) Describe accurately and completely in writing to students before their enrollment prerequisites and requirements
for (i) completing successfully the programs of study in
which they are interested and (ii) qualifying for the fields of
employment for which their education is designed;
(f) Comply with the requirements of RCW 28C.10.084;
(g) Assess the basic skills and relevant aptitudes of each
potential student to determine that a potential student has the
basic skills and relevant aptitudes necessary to complete and
benefit from the program in which the student plans to enroll,
including but not limited to administering a United States
department of education-approved English as a second language exam before enrolling students for whom English is a
second language unless the students provide proof of graduation from a United States high school or proof of completion
of a GED in English or results of another academic assessment determined appropriate by the agency. Guidelines for
such assessments shall be developed by the agency, in consultation with the schools;
(h) Discuss with each potential student the potential student’s obligations in signing any enrollment contract and/or
incurring any debt for educational purposes. The discussion
28C.10.050
[Title 28C RCW—page 6]
shall include the inadvisability of acquiring an excessive educational debt burden that will be difficult to repay given
employment opportunities and average starting salaries in the
potential student’s chosen occupation;
(i) Ensure that any enrollment contract between the private vocational school and its students has an attachment in a
format provided by the agency. The attachment shall be
signed by both the school and the student. The attachment
shall stipulate that the school has complied with (h) of this
subsection and that the student understands and accepts his or
her responsibilities in signing any enrollment contract or debt
application. The attachment shall also stipulate that the
enrollment contract shall not be binding for at least five days,
excluding Sundays and holidays, following signature of the
enrollment contract by both parties; and
(j) Comply with the requirements related to qualifications of administrators and instructors.
(3) The agency may deny a private vocational school’s
application for licensure if the school fails to meet the
requirements in this section.
(4) The agency may determine that a licensed private
vocational school or a particular program of a private vocational school is at risk of closure or termination if:
(a) There is a pattern or history of substantiated student
complaints filed with the agency pursuant to RCW
28C.10.120; or
(b) The private vocational school fails to meet minimum
licensing requirements and has a pattern or history of failing
to meet the minimum requirements.
(5) If the agency determines that a private vocational
school or a particular program is at risk of closure or termination, the agency shall require the school to take corrective
action. [2007 c 462 § 2; 2005 c 274 § 247; 2001 c 23 § 1;
1990 c 188 § 7; 1987 c 459 § 3; 1986 c 299 § 5.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Additional notes found at www.leg.wa.gov
28C.10.060 Licenses—Requirements—Renewal.
Any entity desiring to operate a private vocational school
shall apply for a license to the agency on a form provided by
the agency. The agency shall issue a license if the school:
(1) Files a completed application with information satisfactory to the agency. Misrepresentation by an applicant shall
be grounds for the agency, at its discretion, to deny or revoke
a license.
(2) Complies with the requirements for the *tuition
recovery fund under RCW 28C.10.084.
(3) Pays the required fees.
(4) Meets the minimum standards adopted by the agency
under RCW 28C.10.050.
Licenses shall be valid for one year from the date of issue
unless revoked or suspended. If a school fails to file a completed renewal application at least thirty days before the expiration date of its current license the school shall be subject to
payment of a late filing fee fixed by the agency. [1987 c 459
§ 4; 1986 c 299 § 6.]
28C.10.060
*Reviser’s note: The "tuition recovery fund" was renamed the "tuition
recovery trust fund" by 1993 c 445.
(2010 Ed.)
Private Vocational Schools
28C.10.070 Fees. The agency shall establish fees by
rule at a level necessary to approximately recover the staffing
costs incurred in administering this chapter. All fees collected
under this section shall be deposited in the state general fund.
[1986 c 299 § 7.]
28C.10.070
28C.10.082 *Tuition recovery fund—Created—State
treasurer custodian. The *tuition recovery fund is hereby
established in the custody of the state treasurer. The agency
shall deposit in the fund all moneys received under RCW
28C.10.084. Moneys in the fund may be spent only for the
purposes under RCW 28C.10.084. Disbursements from the
fund shall be on authorization of the agency. The fund is subject to the allotment procedure provided under chapter 43.88
RCW, but no appropriation is required for disbursements.
[1991 sp.s. c 13 § 85; 1987 c 459 § 2.]
28C.10.082
*Reviser’s note: The "tuition recovery fund" was renamed the "tuition
recovery trust fund" by 1993 c 445.
Additional notes found at www.leg.wa.gov
28C.10.084 Tuition recovery trust fund—Deposits—
Operation—Claims. (1) The agency shall establish, maintain, and administer a tuition recovery trust fund. All funds
collected for the tuition recovery trust fund are payable to the
state for the benefit and protection of any student or enrollee
of a private vocational school licensed under this chapter, or,
in the case of a minor, his or her parents or guardian, for purposes including but not limited to the settlement of claims
related to school closures under subsection (10) of this section and the settlement of claims under RCW 28C.10.120.
The fund shall be liable for settlement of claims and costs of
administration but shall not be liable to pay out or recover
penalties assessed under RCW 28C.10.130 or 28C.10.140.
No liability accrues to the state of Washington from claims
made against the fund.
(2) By June 30, 1998, a minimum operating balance of
one million dollars shall be achieved in the fund and maintained thereafter. If disbursements reduce the operating balance below two hundred thousand dollars at any time before
June 30, 1998, or below one million dollars thereafter, each
participating owner shall be assessed a pro rata share of the
deficiency created, based upon the incremental scale created
under subsection (6) of this section for each private vocational school. The agency shall adopt schedules of times and
amounts for effecting payments of assessment.
(3) In order for a private vocational school to be and
remain licensed under this chapter each owner shall, in addition to other requirements under this chapter, make cash
deposits on behalf of the school into a tuition recovery trust
fund as a means to assure payment of claims brought under
this chapter.
(4) The amount of liability that can be satisfied by this
fund on behalf of each private vocational school licensed
under this chapter shall be the amount of unearned prepaid
tuition in possession of the owner.
(5) The fund’s liability with respect to each participating
private vocational school commences on the date of the initial deposit into the fund made on its behalf and ceases one
year from the date the school is no longer licensed under this
chapter.
28C.10.084
(2010 Ed.)
28C.10.084
(6) The agency shall adopt by rule a matrix for calculating the deposits into the fund on behalf of each vocational
school. Proration shall be determined by factoring the
school’s share of liability in proportion to the aggregated liability of all participants under the fund by grouping such prorations under the incremental scale created by subsection (4)
of this section. Expressed as a percentage of the total liability,
that figure determines the amount to be contributed when factored into a fund containing one million dollars. The total
amount of its prorated share, minus the amount paid for initial capitalization, shall be payable in up to twenty increments
over a ten-year period, commencing with the sixth month
after the initial capitalization deposit has been made on
behalf of the school. Additionally, the agency shall require
deposits for initial capitalization, under which the amount
each owner deposits is proportionate to the school’s share of
two hundred thousand dollars, employing the matrix developed under this subsection.
(7) No vested right or interests in deposited funds is created or implied for the depositor, either at any time during the
operation of the fund or at any such future time that the fund
may be dissolved. All funds deposited are payable to the state
for the purposes described under this section. The agency
shall maintain the fund, serve appropriate notices to affected
owners when scheduled deposits are due, collect deposits,
and make disbursements to settle claims against the fund.
When the aggregated deposits total five million dollars and
the history of disbursements justifies such modifications, the
agency may at its own option reduce the schedule of deposits
whether as to time, amount, or both and the agency may also
entertain proposals from among the licensees with regard to
disbursing surplus funds for such purposes as vocational
scholarships.
(8) Based on annual financial data supplied by the
owner, the agency shall determine whether the increment
assigned to that private vocational school on the incremental
scale established under subsection (6) of this section has
changed. If an increase or decrease in gross annual tuition
income has occurred, a corresponding change in the school’s
incremental position and contribution schedule shall be made
before the date of the owner’s next scheduled deposit into the
fund. Such adjustments shall only be calculated and applied
annually.
(9) If the majority ownership interest in a private vocational school is conveyed through sale or other means into
different ownership, all contributions made to the date of
transfer remain in the fund. The new owner shall continue to
make contributions to the fund until the original ten-year
cycle is completed. All tuition recovery trust fund contributions shall remain with the private vocational school transferred, and no additional cash deposits may be required
beyond the original ten-year contribution cycle.
(10) To settle claims adjudicated under RCW
28C.10.120 and claims resulting when a private vocational
school ceases to provide educational services, the agency
may make disbursements from the fund. Students enrolled
under a training contract executed between a school and a
public or private agency or business are not eligible to make
a claim against the fund. In addition to the processes
described for making reimbursements related to claims under
[Title 28C RCW—page 7]
28C.10.090
Title 28C RCW: Vocational Education
RCW 28C.10.120, the following procedures are established
to deal with reimbursements related to school closures:
(a) The agency shall attempt to notify all potential claimants. The unavailability of records and other circumstances
surrounding a school closure may make it impossible or
unreasonable for the agency to ascertain the names and
whereabouts of each potential claimant but the agency shall
make reasonable inquiries to secure that information from all
likely sources. The agency shall then proceed to settle the
claims on the basis of information in its possession. The
agency is not responsible or liable for claims or for handling
claims that may subsequently appear or be discovered.
(b) Thirty days after identified potential claimants have
been notified, if a claimant refuses or neglects to file a claim
verification as requested in such notice, the agency shall be
relieved of further duty or action on behalf of the claimant
under this chapter.
(c) After verification and review, the agency may disburse funds from the tuition recovery trust fund to settle or
compromise the claims. However, the liability of the fund for
claims against the closed school shall not exceed the amount
of unearned prepaid tuition in the possession of the owner.
(d) In the instance of claims against a closed school, the
agency shall seek to recover such disbursed funds from the
assets of the defaulted owner, including but not limited to
asserting claims as a creditor in bankruptcy proceedings.
(11) When funds are disbursed to settle claims against a
licensed private vocational school, the agency shall make
demand upon the owner for recovery. The agency shall adopt
schedules of times and amounts for effecting recoveries. An
owner’s failure to perform subjects the school’s license to
suspension or revocation under *RCW 28C.10.050 in addition to any other available remedies.
(12) For purposes of this section, "owner" includes, but
is not limited to, a person, company, firm, society, association, partnership, corporation, or trust having a controlling
ownership interest in a private vocational school. [2001 c 23
§ 2; 1999 c 321 § 3; 1993 c 445 § 2; 1990 c 188 § 8; 1987 c
459 § 1.]
*Reviser’s note: The suspension and revocation provisions of RCW
28C.10.050 were eliminated by 2007 c 462 § 2.
Intent—1999 c 321: See note following RCW 28B.15.100.
Additional notes found at www.leg.wa.gov
28C.10.090 Actions prohibited without license. A
private vocational school, whether located in this state or outside of this state, shall not conduct business of any kind,
make any offers, advertise or solicit, or enter into any contracts unless the private vocational school is licensed under
this chapter. [1986 c 299 § 9.]
28C.10.090
28C.10.100 Suspension or modification of requirements of chapter. The executive director of the agency may
suspend or modify any of the requirements under this chapter
in a particular case if the agency finds that:
(1) The suspension or modification is consistent with the
purposes of this chapter; and
(2) The education to be offered addresses a substantial,
demonstrated need among residents of the state or that literal
28C.10.100
[Title 28C RCW—page 8]
application of this chapter would cause a manifestly unreasonable hardship. [1986 c 299 § 10.]
28C.10.110 Unfair business practices. It is an unfair
business practice for an entity operating a private vocational
school or an agent employed by a private vocational school
to:
(1) Fail to comply with the terms of a student enrollment
contract or agreement;
(2) Use an enrollment contract form, catalog, brochure,
or similar written material affecting the terms and conditions
of student enrollment other than that previously submitted to
the agency and authorized for use;
(3) Advertise in the help wanted section of a newspaper
or otherwise represent falsely, directly or by implication, that
the school is an employment agency, is making an offer of
employment or otherwise is attempting to conceal the fact
that what is being represented are course offerings of a
school;
(4) Represent falsely, directly or by implication, that an
educational program is approved by a particular industry or
that successful completion of the program qualifies a student
for admission to a labor union or similar organization or for
the receipt of a state license in any business, occupation, or
profession;
(5) Represent falsely, directly or by implication, that a
student who successfully completes a course or program of
instruction may transfer credit for the course or program to
any institution of higher education;
(6) Represent falsely, directly or by implication, in
advertising or in any other manner, the school’s size, location, facilities, equipment, faculty qualifications, or the extent
or nature of any approval received from an accrediting association;
(7) Represent that the school is approved, recommended,
or endorsed by the state of Washington or by the agency,
except the fact that the school is authorized to operate under
this chapter may be stated;
(8) Provide prospective students with any testimonial,
endorsement, or other information which has the tendency to
mislead or deceive prospective students or the public regarding current practices of the school, current conditions for
employment opportunities, or probable earnings in the occupation for which the education was designed;
(9) Designate or refer to sales representatives as "counselors," "advisors," or similar terms which have the tendency
to mislead or deceive prospective students or the public
regarding the authority or qualifications of the sales representatives;
(10) Make or cause to be made any statement or representation in connection with the offering of education if the
school or agent knows or reasonably should have known the
statement or representation to be false, substantially inaccurate, or misleading;
(11) Engage in methods of advertising, sales, collection,
credit, or other business practices which are false, deceptive,
misleading, or unfair, as determined by the agency by rule; or
(12) Attempt to recruit students in or within forty feet of
a building that contains a welfare or unemployment office.
Recruiting includes, but is not limited to canvassing and surveying. Recruiting does not include leaving materials at or
28C.10.110
(2010 Ed.)
Private Vocational Schools
near an office for a person to pick up of his or her own accord,
or handing a brochure or leaflet to a person provided that no
attempt is made to obtain a name, address, telephone number,
or other data, or to otherwise actively pursue the enrollment
of the individual.
It is a violation of this chapter for an entity operating a
private vocational school to engage in an unfair business
practice. The agency may deny, revoke, or suspend the
license of any entity that is found to have engaged in a substantial number of unfair business practices or that has
engaged in significant unfair business practices. [2001 c 23 §
3; 1990 c 188 § 9; 1986 c 299 § 11.]
Additional notes found at www.leg.wa.gov
28C.10.120 Complaints—Investigations—Hearings—Remedies—Transition assistance for students. (1)
Complaints may be filed under this chapter only by a person
claiming loss of tuition or fees as a result of an unfair business practice. The complaint shall set forth the alleged violation and shall contain information required by the agency on
forms provided for that purpose. A complaint may also be
filed with the agency by an authorized staff member of the
agency or by the attorney general.
(2) The agency shall investigate any complaint under this
section and shall first attempt to bring about a negotiated settlement. The agency director or the director’s designee may
conduct an informal hearing with the affected parties in order
to determine whether a violation has occurred.
(3) If the agency finds that the private vocational school
or its agent engaged in or is engaging in any unfair business
practice, the agency shall issue and cause to be served upon
the violator an order requiring the violator to cease and desist
from the act or practice and may impose the penalties provided under RCW 28C.10.130. If the agency finds that the
complainant has suffered loss as a result of the act or practice,
the agency may order the violator to pay full or partial restitution of any amounts lost. The loss may include any money
paid for tuition, required or recommended course materials,
and any reasonable living expenses incurred by the complainant during the time the complainant was enrolled at the
school.
(4) The complainant is not bound by the agency’s determination of restitution. The complainant may reject that
determination and may pursue any other legal remedy.
(5) The violator may, within twenty days of being served
any order described under subsection (3) of this section, file
an appeal under the administrative procedure act, chapter
34.05 RCW. Timely filing stays the agency’s order during
the pendency of the appeal. If the agency prevails, the appellant shall pay the costs of the administrative hearing.
(6) If a private vocational school closes without providing adequate notice to its enrolled students, the agency shall
provide transition assistance to the school’s students including, but not limited to, information regarding: (a) Transfer
options available to students; (b) financial aid discharge eligibility and procedures; (c) the labor market, job search strategies, and placement assistance services; and (d) other support
services available to students. [2007 c 462 § 3; 1993 c 445 §
3; 1990 c 188 § 10; 1989 c 175 § 83; 1986 c 299 § 12.]
28C.10.120
Additional notes found at www.leg.wa.gov
(2010 Ed.)
28C.10.170
28C.10.130
28C.10.130 Violations—Civil penalties. Any private
vocational school or agent violating RCW 28C.10.060,
28C.10.090, or 28C.10.110 or the applicable agency rules is
subject to a civil penalty of not more than one hundred dollars
for each separate violation. Each day on which a violation
occurs constitutes a separate violation. Multiple violations on
a single day may be considered separate violations. The fine
may be imposed by the agency under RCW 28C.10.120, or in
any court of competent jurisdiction. [1986 c 299 § 13.]
28C.10.140
28C.10.140 Violations—Criminal sanctions. Any
entity or any owner, officer, agent, or employee of such entity
who wilfully violates RCW 28C.10.060 or 28C.10.090 is
guilty of a gross misdemeanor and, upon conviction, shall be
punished by a fine of not to exceed one thousand dollars or by
imprisonment in the county jail for not to exceed one year, or
by both such fine and imprisonment.
Each day on which a violation occurs constitutes a separate violation. The criminal sanctions may be imposed by a
court of competent jurisdiction in an action brought by the
attorney general of this state. [1986 c 299 § 14.]
28C.10.150
28C.10.150 Actions resulting in jurisdiction of
courts. A private vocational school, whether located in this
state or outside of this state, that conducts business of any
kind, makes any offers, advertises, solicits, or enters into any
contracts in this state or with a resident of this state is subject
to the jurisdiction of the courts of this state for any cause of
action arising from the acts. [1986 c 299 § 15.]
28C.10.160
28C.10.160 Educational records—Permanent file—
Protection. If any private vocational school discontinues its
operation, the chief administrative officer of the school shall
file with the agency the original or legible true copies of all
educational records required by the agency. If the agency
determines that any educational records are in danger of
being made unavailable to the agency, the agency may seek a
court order to protect and if necessary take possession of the
records. The agency shall cause to be maintained a permanent
file of educational records coming into its possession. [1986
c 299 § 16.]
28C.10.170
28C.10.170 Contracts voidable—When. If a student
or prospective student is a resident of this state at the time any
contract relating to payment for education or any note, instrument, or other evidence of indebtedness relating thereto is
entered into, RCW 28C.10.180 shall govern the rights of the
parties to the contract or evidence of indebtedness. If a contract or evidence of indebtedness contains any of the following agreements, the contract is voidable at the option of the
student or prospective student:
(1) That the law of another state shall apply;
(2) That the maker or any person liable on the contract or
evidence of indebtedness consents to the jurisdiction of
another state;
(3) That another person is authorized to confess judgment on the contract or evidence of indebtedness; or
(4) That fixes venue. [1986 c 299 § 17.]
[Title 28C RCW—page 9]
28C.10.180
Title 28C RCW: Vocational Education
28C.10.180 Enforceability of debts—Authority to
offer degree required. A note, instrument, or other evidence
of indebtedness or contract relating to payment for education
is not enforceable in the courts of this state by a private vocational school or holder of the instrument unless the private
vocational school was licensed under this chapter at the time
the note, instrument, or other evidence of indebtedness or
contract was entered into. [1986 c 299 § 18.]
28C.18.020
28C.18.030
28C.18.040
28C.18.050
28C.10.190 Actions to enforce chapter—Who may
bring—Relief. The attorney general or the prosecuting attorney of any county in which a private vocational school or
agent of the school is found may bring an action in any court
of competent jurisdiction for the enforcement of this chapter.
The court may issue an injunction or grant any other appropriate form of relief. [1986 c 299 § 19.]
28C.18.080
28C.10.180
28C.18.060
28C.18.070
28C.18.080
28C.18.080
28C.10.190
28C.10.200 Injunctive relief—Agency may seek. The
agency may seek injunctive relief, after giving notice to the
affected party, in a court of competent jurisdiction for a violation of this chapter or the rules adopted under this chapter.
The agency need not allege or prove that the agency has no
adequate remedy at law. The right of injunction provided in
this section is in addition to any other legal remedy which the
agency has and is in addition to any right of criminal prosecution provided by law. The existence of agency action with
respect to alleged violations of this chapter and rules adopted
under this chapter does not operate as a bar to an action for
injunctive relief under this section. [1986 c 299 § 20.]
28C.10.200
28C.10.210 Violation of chapter unfair or deceptive
practice under RCW 19.86.020. A violation of this chapter
or the rules adopted under this chapter affects the public
interest and is an unfair or deceptive act or practice in violation of RCW 19.86.020 of the consumer protection act. The
remedies and sanctions provided by this section shall not preclude application of other remedies and sanctions. [1986 c
299 § 21.]
28C.10.210
28C.10.220 Remedies and penalties in chapter nonexclusive and cumulative. The remedies and penalties provided for in this chapter are nonexclusive and cumulative and
do not affect any other actions or proceedings. [1986 c 299 §
22.]
28C.10.220
28C.10.900 Severability—1986 c 299. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 299 § 27.]
28C.10.900
28C.10.902 Effective date—1986 c 299. This act shall
take effect July 1, 1986. [1986 c 299 § 31.]
28C.10.902
Chapter 28C.18 RCW
WORKFORCE TRAINING AND EDUCATION
Chapter 28C.18
Sections
28C.18.005 Findings.
28C.18.010 Definitions.
[Title 28C RCW—page 10]
28C.18.090
28C.18.100
28C.18.110
28C.18.120
28C.18.130
28C.18.132
28C.18.134
28C.18.136
28C.18.140
28C.18.150
28C.18.160
28C.18.162
28C.18.164
28C.18.166
28C.18.168
28C.18.170
28C.18.900
Workforce training and education coordinating board.
Purpose of the board.
Director’s duties.
Board designation and functions for federal purposes—Monitoring state plans for consistency.
Board’s duties.
Intent—"Program" clarified.
Comprehensive plan—Contents—Updates—Agency operating plans—Reports to the legislature (as amended by 2009 c
92).
Comprehensive plan—Contents—Updates—Agency operating plans—Reports to the legislature (as amended by 2009 c
151).
Comprehensive plan—Contents—Updates—Agency operating plans—Reports to the legislature (as amended by 2009 c
421).
Additional board duties—Program evaluation by operating
agencies.
Assessments by board—Biennial report to legislature and governor.
Identification of policies and methods to promote efficiency
and sharing of resources—Report to governor and legislature.
State strategic plan for supply of health care personnel—
Reports.
Industry skill panels—Grants—Role.
Electronically distributed learning—Work group—Report.
Employer workplace-based educational programs with distance learning components—Pilot project—Report.
Receipt of federal and private funds.
Industry skill panels—Standards—Report.
Local unified plan for the workforce development system—
Strategic plan.
Opportunity internship program—Purpose—Program incentives—Rules.
Opportunity internship program—Definitions.
Opportunity internship program—Opportunity internship consortia—Contracts—Federal funds.
Opportunity internship program—List of consortium graduates—Notifying higher education coordinating board of state
need grant eligibility.
Opportunity internship program—List of employed graduates—Verification—Incentive payments.
Green industry skill panels—Prioritization of workforce training programs.
Effective dates—Severability—1991 c 238.
Centers of excellence: RCW 28B.50.902.
Dual credit programs—Annual report: RCW 28A.600.280.
Workforce supply and demographics—Surveys: RCW 43.70.695.
28C.18.005 Findings. The legislature finds that the
state’s system of workforce training and education is inadequate for meeting the needs of the state’s workers, employers, and economy. A growing shortage of skilled workers is
already hurting the state’s economy. There is a shortage of
available workers and too often prospective employees lack
the skills and training needed by employers. Moreover, with
demographic changes in the state’s population employers
will need to employ a more culturally diverse workforce in
the future.
The legislature further finds that the state’s current workforce training and education system is fragmented among
numerous agencies, councils, boards, and committees, with
inadequate overall coordination. No comprehensive strategic
plan guides the different parts of the system. There is no single point of leadership and responsibility. There is insufficient guidance from employers and workers built into the
system to ensure that the system is responsive to the needs of
its customers. Adult workforce education lacks a uniform
system of governance, with an inefficient division in governance between community colleges and vocational technical
institutes, and inadequate local authority. The parts of the
system providing adult basic skills and literacy education are
28C.18.005
(2010 Ed.)
Workforce Training and Education
especially uncoordinated and lack sufficient visibility to adequately address the needs of the large number of adults in the
state who are functionally illiterate. The workforce training
and education system’s data and evaluation methods are
inconsistent and unable to provide adequate information for
determining how well the system is performing on a regular
basis so that the system may be held accountable for the outcomes it produces. Much of the workforce training and education system provides inadequate opportunities to meet the
needs of people from culturally diverse backgrounds. Finally,
our public and private educational institutions are not producing the number of people educated in vocational/technical
skills needed by employers.
The legislature recognizes that we must make certain
that our public and private institutions of education place
appropriate emphasis on the needs of employers and on the
needs of the approximately eighty percent of our young people who enter the world of work without completing a fouryear program of higher education. We must make our workforce education and training system better coordinated, more
efficient, more responsive to the needs of business and workers and local communities, more accountable for its performance, and more open to the needs of a culturally diverse
population. [1996 c 99 § 1; 1991 c 238 § 1.]
28C.18.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this title.
(1) "Adult basic education" means instruction designed
to achieve mastery of skills in reading, writing, oral communication, and computation at a level sufficient to allow the
individual to function effectively as a parent, worker, and citizen in the United States, commensurate with that individual’s actual ability level, and includes English as a second
language and preparation and testing service for the general
education development exam.
(2) "Board" means the workforce training and education
coordinating board.
(3) "Director" means the director of the workforce training and education coordinating board.
(4) "Industry skill panel" means a regional partnership of
business, labor, and education leaders that identifies skill
gaps in a key economic cluster and enables the industry and
public partners to respond to and be proactive in addressing
workforce skill needs.
(5) "Training system" means programs and courses of
secondary vocational education, technical college programs
and courses, community college vocational programs and
courses, private career school and college programs and
courses, employer-sponsored training, adult basic education
programs and courses, programs and courses funded by the
federal workforce investment act, programs and courses
funded by the federal vocational act, programs and courses
funded under the federal adult education act, publicly funded
programs and courses for adult literacy education, and
apprenticeships, and programs and courses offered by private
and public nonprofit organizations that are representative of
communities or significant segments of communities and
provide job training or adult literacy services.
(6) "Vocational education" means organized educational
programs offering a sequence of courses which are directly
28C.18.010
(2010 Ed.)
28C.18.020
related to the preparation or retraining of individuals in paid
or unpaid employment in current or emerging occupations
requiring other than a baccalaureate or advanced degree.
Such programs shall include competency-based applied
learning which contributes to an individual’s academic
knowledge, higher-order reasoning, and problem-solving
skills, work attitudes, general employability skills, and the
occupational-specific skills necessary for economic independence as a productive and contributing member of society.
Such term also includes applied technology education.
(7) "Workforce development council" means a local
workforce investment board as established in P.L. 105-220
Sec. 117.
(8) "Workforce skills" means skills developed through
applied learning that strengthen and reinforce an individual’s
academic knowledge, critical thinking, problem solving, and
work ethic and, thereby, develop the employability, occupational skills, and management of home and work responsibilities necessary for economic independence. [2009 c 151 § 5;
2008 c 103 § 2; 1996 c 99 § 2; 1991 c 238 § 2.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Findings—Intent—2008 c 103: "(1) The legislature finds that a skilled
workforce is essential for employers and job seekers to compete in today’s
global economy. The engines of economic progress are fueled by education
and training. The legislature further finds that industry skill panels are a critical and proven form of public-private partnership that harness the expertise
of leaders in business, labor, and education to identify workforce development strategies for industries that drive Washington’s regional economies.
Industry skill panels foster innovation and enable industry leaders and public
partners to be proactive, addressing changing needs for businesses quickly
and strategically. Industry skill panels leverage small state investments with
private sector investments to ensure that public resources are better aligned
with industry needs.
(2) The legislature further finds that industry skill panels support other
valuable initiatives such as the department of community, trade, and economic development’s cluster-based economic development grants; the community and technical college centers of excellence, high-demand funds, and
the job skills program; and the employment security department’s incumbent
worker training funds. Industry skill panels provide a framework for coordinating these and other investments in line with economic and workforce
development strategies identified by industry leaders. It is the intent of the
legislature to support the development and maintenance of industry skill
panels in key sectors of the economy as an efficient and effective way to support regional economic development." [2008 c 103 § 1.]
28C.18.020 Workforce training and education coordinating board. (1) There is hereby created the workforce
training and education coordinating board as a state agency
and as the successor agency to the state board for vocational
education. Once the coordinating board has convened, all
references to the state board for vocational education in the
Revised Code of Washington shall be construed to mean the
workforce training and education coordinating board, except
that reference to the state board for vocational education in
RCW 49.04.030 shall mean the state board for community
and technical colleges.
(2)(a) The board shall consist of nine voting members
appointed by the governor with the consent of the senate, as
follows: Three representatives of business, three representatives of labor, and, serving as ex officio members, the superintendent of public instruction, the executive director of the
state board for community and technical colleges, and the
commissioner of the employment security department. The
chair of the board shall be a nonvoting member selected by
28C.18.020
[Title 28C RCW—page 11]
28C.18.030
Title 28C RCW: Vocational Education
the governor with the consent of the senate, and shall serve at
the pleasure of the governor. In selecting the chair, the governor shall seek a person who understands the future economic needs of the state and nation and the role that the
state’s training system has in meeting those needs. Each voting member of the board may appoint a designee to function
in his or her place with the right to vote. In making appointments to the board, the governor shall seek to ensure geographic, ethnic, and gender diversity and balance. The governor shall also seek to ensure diversity and balance by the
appointment of persons with disabilities.
(b) The business representatives shall be selected from
among nominations provided by a statewide business organization representing a cross-section of industries. However,
the governor may request, and the organization shall provide,
an additional list or lists from which the governor shall select
the business representatives. The nominations and selections
shall reflect the cultural diversity of the state, including
women, people with disabilities, and racial and ethnic minorities, and diversity in sizes of businesses.
(c) The labor representatives shall be selected from
among nominations provided by statewide labor organizations. However, the governor may request, and the organizations shall provide, an additional list or lists from which the
governor shall select the labor representatives. The nominations and selections shall reflect the cultural diversity of the
state, including women, people with disabilities, and racial
and ethnic minorities.
(d) Each business member may cast a proxy vote or
votes for any business member who is not present and who
authorizes in writing the present member to cast such vote.
(e) Each labor member may cast a proxy vote for any
labor member who is not present and who authorizes in writing the present member to cast such vote.
(f) The chair shall appoint to the board one nonvoting
member to represent racial and ethnic minorities, women,
and people with disabilities. The nonvoting member
appointed by the chair shall serve for a term of four years
with the term expiring on June 30th of the fourth year of the
term.
(g) The business members of the board shall serve for
terms of four years, the terms expiring on June 30th of the
fourth year of the term except that in the case of initial members, one shall be appointed to a two-year term and one
appointed to a three-year term.
(h) The labor members of the board shall serve for terms
of four years, the terms expiring on June 30th of the fourth
year of the term except that in the case of initial members,
one shall be appointed to a two-year term and one appointed
to a three-year term.
(i) Any vacancies among board members representing
business or labor shall be filled by the governor with nominations provided by statewide organizations representing business or labor, respectively.
(j) The board shall adopt bylaws and shall meet at least
bimonthly and at such other times as determined by the chair
who shall give reasonable prior notice to the members or at
the request of a majority of the voting members.
(k) Members of the board shall be compensated in accordance with RCW 43.03.040 and shall receive travel expenses
in accordance with RCW 43.03.050 and 43.03.060.
[Title 28C RCW—page 12]
(l) The board shall be formed and ready to assume its
responsibilities under this chapter by October 1, 1991.
(m) The director of the board shall be appointed by the
governor from a list of three names submitted by a committee
made up of the business and labor members of the board.
However, the governor may request, and the committee shall
provide, an additional list or lists from which the governor
shall select the director. The governor may dismiss the director only with the approval of a majority vote of the board.
The board, by a majority vote, may dismiss the director with
the approval of the governor.
(3) The state board for vocational education is hereby
abolished and its powers, duties, and functions are hereby
transferred to the workforce training and education coordinating board. All references to the director or the state board
for vocational education in the Revised Code of Washington
shall be construed to mean the director or the workforce training and education coordinating board. [2010 c 128 § 6; 1991
c 238 § 3.]
28C.18.030 Purpose of the board. The purpose of the
board is to provide planning, coordination, evaluation, monitoring, and policy analysis for the state training system as a
whole, and advice to the governor and legislature concerning
the state training system, in cooperation with the state training system and the higher education coordinating board.
[1996 c 99 § 3; 1991 c 238 § 4.]
28C.18.030
28C.18.040 Director’s duties. (1) The director shall
serve as chief executive officer of the board who shall administer the provisions of this chapter, employ such personnel as
may be necessary to implement the purposes of this chapter,
and utilize staff of existing operating agencies to the fullest
extent possible.
(2) The director shall not be the chair of the board.
(3) Subject to the approval of the board, the director shall
appoint necessary deputy and assistant directors and other
staff who shall be exempt from the provisions of chapter
41.06 RCW. The director’s appointees shall serve at the
director’s pleasure on such terms and conditions as the director determines but subject to chapter 42.52 RCW.
(4) The director shall appoint and employ such other
employees as may be required for the proper discharge of the
functions of the board.
(5) The director shall, as permissible under P.L. 101-392,
as amended, integrate the staff of the council on vocational
education, and contract with the state board for community
and technical colleges for assistance for adult basic skills and
literacy policy development and planning as required by P.L.
100-297, as amended. [1994 c 154 § 307; 1991 c 238 § 5.]
28C.18.040
Additional notes found at www.leg.wa.gov
28C.18.050 Board designation and functions for federal purposes—Monitoring state plans for consistency.
(1) The board shall be designated as the state board of vocational education as provided for in P.L. 98-524, as amended,
and shall perform such functions as is necessary to comply
with federal directives pertaining to the provisions of such
law.
28C.18.050
(2010 Ed.)
Workforce Training and Education
(2) The board shall perform the functions of the human
resource investment council as provided for in the federal job
training partnership act, P.L. 97-300, as amended.
(3) The board shall provide policy advice for any federal
act pertaining to workforce development that is not required
by state or federal law to be provided by another state body.
(4) Upon enactment of new federal initiatives relating to
workforce development, the board shall advise the governor
and the legislature on mechanisms for integrating the federal
initiatives into the state’s workforce development system and
make recommendations on the legislative or administrative
measures necessary to streamline and coordinate state efforts
to meet federal guidelines.
(5) The board shall monitor for consistency with the state
comprehensive plan for workforce training and education the
policies and plans established by the state job training coordinating council, the advisory council on adult education, and
the Washington state plan for adult basic education, and provide guidance for making such policies and plans consistent
with the state comprehensive plan for workforce training and
education. [1995 c 130 § 3; 1991 c 238 § 6.]
28C.18.060 Board’s duties. The board, in cooperation
with the operating agencies of the state training system and
private career schools and colleges, shall:
(1) Concentrate its major efforts on planning, coordination evaluation, policy analysis, and recommending improvements to the state’s training system;
(2) Advocate for the state training system and for meeting the needs of employers and the workforce for workforce
education and training;
(3) Establish and maintain an inventory of the programs
of the state training system, and related state programs, and
perform a biennial assessment of the vocational education,
training, and adult basic education and literacy needs of the
state; identify ongoing and strategic education needs; and
assess the extent to which employment, training, vocational
and basic education, rehabilitation services, and public assistance services represent a consistent, integrated approach to
meet such needs;
(4) Develop and maintain a state comprehensive plan for
workforce training and education, including but not limited
to, goals, objectives, and priorities for the state training system, and review the state training system for consistency with
the state comprehensive plan. In developing the state comprehensive plan for workforce training and education, the
board shall use, but shall not be limited to: Economic, labor
market, and populations trends reports in office of financial
management forecasts; joint office of financial management
and employment security department labor force, industry
employment, and occupational forecasts; the results of scientifically based outcome, net-impact and cost-benefit evaluations; the needs of employers as evidenced in formal
employer surveys and other employer input; and the needs of
program participants and workers as evidenced in formal surveys and other input from program participants and the labor
community;
(5) In consultation with the higher education coordinating board, review and make recommendations to the office of
financial management and the legislature on operating and
capital facilities budget requests for operating agencies of the
28C.18.060
(2010 Ed.)
28C.18.060
state training system for purposes of consistency with the
state comprehensive plan for workforce training and education;
(6) Provide for coordination among the different operating agencies and components of the state training system at
the state level and at the regional level;
(7) Develop a consistent and reliable database on vocational education enrollments, costs, program activities, and
job placements from publicly funded vocational education
programs in this state;
(8)(a) Establish standards for data collection and maintenance for the operating agencies of the state training system
in a format that is accessible to use by the board. The board
shall require a minimum of common core data to be collected
by each operating agency of the state training system;
(b) Develop requirements for minimum common core
data in consultation with the office of financial management
and the operating agencies of the training system;
(9) Establish minimum standards for program evaluation
for the operating agencies of the state training system, including, but not limited to, the use of common survey instruments
and procedures for measuring perceptions of program participants and employers of program participants, and monitor
such program evaluation;
(10) Every two years administer scientifically based outcome evaluations of the state training system, including, but
not limited to, surveys of program participants, surveys of
employers of program participants, and matches with
employment security department payroll and wage files.
Every five years administer scientifically based net-impact
and cost-benefit evaluations of the state training system;
(11) In cooperation with the employment security
department, provide for the improvement and maintenance of
quality and utility in occupational information and forecasts
for use in training system planning and evaluation. Improvements shall include, but not be limited to, development of
state-based occupational change factors involving input by
employers and employees, and delineation of skill and training requirements by education level associated with current
and forecasted occupations;
(12) Provide for the development of common course
description formats, common reporting requirements, and
common definitions for operating agencies of the training
system;
(13) Provide for effectiveness and efficiency reviews of
the state training system;
(14) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements
between institutions of the state training system, and encourage articulation agreements for programs encompassing two
years of secondary workforce education and two years of
postsecondary workforce education;
(15) In cooperation with the higher education coordinating board, facilitate transfer of credit policies and agreements
between private training institutions and institutions of the
state training system;
(16) Develop policy objectives for the workforce investment act, P.L. 105-220, or its successor; develop coordination criteria for activities under the act with related programs
and services provided by state and local education and training agencies; and ensure that entrepreneurial training oppor[Title 28C RCW—page 13]
28C.18.070
Title 28C RCW: Vocational Education
tunities are available through programs of each local workforce investment board in the state;
(17) Make recommendations to the commission of student assessment, the state board of education, and the superintendent of public instruction, concerning basic skill competencies and essential core competencies for K-12 education.
Basic skills for this purpose shall be reading, writing, computation, speaking, and critical thinking, essential core competencies for this purpose shall be English, math, science/technology, history, geography, and critical thinking. The board
shall monitor the development of and provide advice concerning secondary curriculum which integrates vocational
and academic education;
(18) Establish and administer programs for marketing
and outreach to businesses and potential program participants;
(19) Facilitate the location of support services, including
but not limited to, child care, financial aid, career counseling,
and job placement services, for students and trainees at institutions in the state training system, and advocate for support
services for trainees and students in the state training system;
(20) Facilitate private sector assistance for the state training system, including but not limited to: Financial assistance,
rotation of private and public personnel, and vocational counseling;
(21) Facilitate the development of programs for schoolto-work transition that combine classroom education and onthe-job training, including entrepreneurial education and
training, in industries and occupations without a significant
number of apprenticeship programs;
(22) Include in the planning requirements for local workforce investment boards a requirement that the local workforce investment boards specify how entrepreneurial training
is to be offered through the one-stop system required under
the workforce investment act, P.L. 105-220, or its successor;
(23) Encourage and assess progress for the equitable representation of racial and ethnic minorities, women, and people with disabilities among the students, teachers, and administrators of the state training system. Equitable, for this purpose, shall mean substantially proportional to their
percentage of the state population in the geographic area
served. This function of the board shall in no way lessen
more stringent state or federal requirements for representation of racial and ethnic minorities, women, and people with
disabilities;
(24) Participate in the planning and policy development
of governor set-aside grants under P.L. 97-300, as amended;
(25) Administer veterans’ programs, licensure of private
vocational schools, the job skills program, and the Washington award for vocational excellence;
(26) Allocate funding from the state job training trust
fund;
(27) Work with the *director of community, trade, and
economic development and the economic development commission to ensure coordination among workforce training priorities, the long-term economic development strategy of the
economic development commission, and economic development and entrepreneurial development efforts, including but
not limited to assistance to industry clusters;
(28) Conduct research into workforce development programs designed to reduce the high unemployment rate among
[Title 28C RCW—page 14]
young people between approximately eighteen and twentyfour years of age. In consultation with the operating agencies, the board shall advise the governor and legislature on
policies and programs to alleviate the high unemployment
rate among young people. The research shall include disaggregated demographic information and, to the extent possible, income data for adult youth. The research shall also
include a comparison of the effectiveness of programs examined as a part of the research conducted in this subsection in
relation to the public investment made in these programs in
reducing unemployment of young adults. The board shall
report to the appropriate committees of the legislature by
November 15, 2008, and every two years thereafter. Where
possible, the data reported to the legislative committees
should be reported in numbers and in percentages;
(29) Adopt rules as necessary to implement this chapter.
The board may delegate to the director any of the functions of this section. [2009 c 151 § 6; 2008 c 212 § 2; 2007 c
149 § 1; 1996 c 99 § 4; 1993 c 280 § 17; 1991 c 238 § 7.]
*Reviser’s note: The "director of community, trade, and economic
development" was changed to the "director of commerce" by 2009 c 565.
Finding—Intent—2008 c 212: "The legislature finds that there is a
persistent and unacceptable high rate of unemployment among young people
in Washington. The unemployment rate among those between eighteen and
twenty-four years of age is seventeen percent, about four times the unemployment rate among the general population. It is the legislature’s intent that
the workforce training and education coordinating board examine programs
to help young people be more successful in the workforce and make recommendations to improve policies and programs in Washington." [2008 c 212
§ 1.]
Additional notes found at www.leg.wa.gov
28C.18.070 Intent—"Program" clarified. (1) The
legislature continues to recognize the vital role that workforce development efforts play in equipping the state’s workers with the skills they need to succeed in an economy that
requires higher levels of skill and knowledge. The legislature
also recognizes that businesses are increasingly relying on
the state’s workforce development programs and expect them
to be responsive to their changing skill requirements. The
state benefits from a workforce development system that
allows firms and workers to be highly competitive in global
markets.
(2) The establishment of the workforce training and education coordinating board was an integral step in developing
a strategic approach to workforce development. For the coordinating board to carry out its intended role, the board must
be able to give unambiguous guidance to operating agencies,
the governor, and the legislature. It is the intent of chapter
130, Laws of 1995, to clarify the preeminent role intended for
the workforce training and education coordinating board in
coordination and policy development of the state’s workforce
development efforts.
(3) In the event that federal workforce development
funds are block granted to the state, it is the intent of the legislature to seek the broadest possible input, from local and
statewide organizations concerned with workforce development, on the allocation of the federal funds.
(4) For purposes of RCW 28C.18.080 through
28C.18.110, the term "program" shall not refer to the activities of individual institutions such as individual community
or technical colleges, common schools, service delivery
28C.18.070
(2010 Ed.)
Workforce Training and Education
areas, or job service centers; nor shall it refer to individual
fields of study or courses. [1995 c 130 § 1.]
28C.18.090
prehensive plan and on the progress of the operating agencies in meeting
their obligations under the plan. [2009 c 151 § 7; 1997 c 369 § 5; 1995 c 130
§ 2.]
28C.18.080
28C.18.080 Comprehensive plan—Contents—Updates—Agency
operating plans—Reports to the legislature (as amended by 2009 c 92).
(1) ((The state comprehensive plan for workforce training and education
shall be updated every two years and presented to the governor and the
appropriate legislative policy committees.)) The board shall develop a state
comprehensive plan for workforce training and education for a ten-year time
period. The board shall submit the ten-year state comprehensive plan to the
governor and the appropriate legislative policy committees. Every four
years by December 1st, beginning December 1, 2012, the board shall submit
an update of the ten-year state comprehensive plan for workforce training
and education to the governor and the appropriate legislative policy committees. Following public hearings, the legislature shall, by concurrent resolution, approve or recommend changes to the initial plan and the updates. The
plan shall then become the state’s workforce training policy unless legislation is enacted to alter the policies set forth in the plan.
(2) The comprehensive plan shall include workforce training role and
mission statements for the workforce development programs of operating
agencies represented on the board and sufficient specificity regarding
expected actions by the operating agencies to allow them to carry out actions
consistent with the comprehensive plan.
(3) Operating agencies represented on the board shall have operating
plans for their workforce development efforts that are consistent with the
comprehensive plan and that provide detail on implementation steps they
will take to carry out their responsibilities under the plan. Each operating
agency represented on the board shall provide an annual progress report to
the board.
(4) The comprehensive plan shall include recommendations to the legislature and the governor on the modification, consolidation, initiation, or
elimination of workforce training and education programs in the state.
(5) The comprehensive plan shall address how the state’s workforce
development system will meet the needs of employers hiring for industrial
projects of statewide significance.
(6) The board shall report to the appropriate legislative policy committees by December 1st of each year on its progress in implementing the comprehensive plan and on the progress of the operating agencies in meeting
their obligations under the plan. [2009 c 92 § 1; 1997 c 369 § 5; 1995 c 130
§ 2.]
28C.18.080
28C.18.080 Comprehensive plan—Contents—Updates—Agency
operating plans—Reports to the legislature (as amended by 2009 c 421).
(1) The state comprehensive plan for workforce training and education shall
be updated every two years and presented to the governor and the appropriate legislative policy committees. Following public hearings, the legislature
shall, by concurrent resolution, approve or recommend changes to the initial
plan and the updates. The plan shall then become the state’s workforce training policy unless legislation is enacted to alter the policies set forth in the
plan.
(2) The comprehensive plan shall include workforce training role and
mission statements for the workforce development programs of operating
agencies represented on the board and sufficient specificity regarding
expected actions by the operating agencies to allow them to carry out actions
consistent with the comprehensive plan.
(3) Operating agencies represented on the board shall have operating
plans for their workforce development efforts that are consistent with the
comprehensive plan and that provide detail on implementation steps they
will take to carry out their responsibilities under the plan. Each operating
agency represented on the board shall provide an annual progress report to
the board.
(4) The comprehensive plan shall include recommendations to the legislature and the governor on the modification, consolidation, initiation, or
elimination of workforce training and education programs in the state.
(5) The comprehensive plan shall address how the state’s workforce
development system will meet the needs of employers hiring for ((industrial)) projects of statewide significance.
(6) The board shall report to the appropriate legislative policy committees by December 1 of each year on its progress in implementing the comprehensive plan and on the progress of the operating agencies in meeting their
obligations under the plan. [2009 c 421 § 6; 1997 c 369 § 5; 1995 c 130 § 2.]
Reviser’s note: RCW 28C.18.080 was amended three times during the
2009 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective date—2009 c 421: See note following RCW 43.157.005.
Industrial project of statewide significance—Defined: RCW 43.157.010.
28C.18.080
28C.18.080 Comprehensive plan—Contents—Updates—Agency
operating plans—Reports to the legislature (as amended by 2009 c 151).
(1) The state comprehensive plan for workforce training and education shall
be updated every two years and presented to the governor and the appropriate legislative policy committees. Following public hearings, the legislature
shall, by concurrent resolution, approve or recommend changes to the initial
plan and the updates. The plan shall then become the state’s workforce training policy unless legislation is enacted to alter the policies set forth in the
plan.
(2) The comprehensive plan shall include workforce training role and
mission statements for the workforce development programs of operating
agencies represented on the board and sufficient specificity regarding
expected actions by the operating agencies to allow them to carry out actions
consistent with the comprehensive plan.
(3) Operating agencies represented on the board shall have operating
plans for their workforce development efforts that are consistent with the
comprehensive plan and that provide detail on implementation steps they
will take to carry out their responsibilities under the plan. Each operating
agency represented on the board shall provide an annual progress report to
the board.
(4) The comprehensive plan shall include recommendations to the legislature and the governor on the modification, consolidation, initiation, or
elimination of workforce training and education programs in the state.
(5) The comprehensive plan shall ((address how the state’s workforce
development system will meet the needs of employers hiring for industrial
projects of statewide significance)) identify the strategic industry clusters
targeted by the workforce development system. In identifying the strategic
clusters, the board shall consult with the economic development commission
to identify clusters that meet the criteria identified by the working group convened by the economic development commission and the workforce training
and education coordinating board under RCW 43.330.280.
(6) The board shall report to the appropriate legislative policy committees by December 1st of each year on its progress in implementing the com(2010 Ed.)
28C.18.090 Additional board duties—Program evaluation by operating agencies. (1) The board shall specify,
by December 31, 1995, the common core data to be collected
by the operating agencies of the state training system and the
standards for data collection and maintenance required in
RCW 28C.18.060(8).
(2) The minimum standards for program evaluation by
operating agencies required in RCW 28C.18.060(9) shall
include biennial program evaluations; the first of such evaluations shall be completed by the operating agencies July 1,
1996. The program evaluation of adult basic skills education
shall be provided by the advisory council on adult education.
(3) The board shall complete, by January 1, 1996, its first
outcome-based evaluation and, by September 1, 1996, its
nonexperimental net-impact and cost-benefit evaluations of
the training system. The outcome, net-impact, and cost-benefit evaluations shall for the first evaluations, include evaluations of each of the following programs: Secondary vocational-technical education, work-related adult basic skills
education, postsecondary workforce training, job training
partnership act titles II and III, as well as of the system as a
whole.
(4) The board shall use the results of its outcome, netimpact, and cost-benefit evaluations to develop and make
recommendations to the legislature and the governor for the
28C.18.090
[Title 28C RCW—page 15]
28C.18.100
Title 28C RCW: Vocational Education
modification, consolidation, initiation, or elimination of
workforce training and education programs in the state.
The board shall perform the requirements of this section
in cooperation with the operating agencies. [1995 c 130 § 4.]
28C.18.100 Assessments by board—Biennial report
to legislature and governor. The board shall, by January 1,
1996, and biennially thereafter: (1) Assess the total demand
for training from the perspective of workers, and from the
perspective of employers; (2) assess the available supply of
publicly and privately provided training which workers and
employers are demanding; (3) assess the costs to the state of
meeting the demand; and (4) present the legislature and the
governor with a strategy for bridging the gap between the
supply and the demand for training services. [1995 c 130 §
5.]
28C.18.100
28C.18.110 Identification of policies and methods to
promote efficiency and sharing of resources—Report to
governor and legislature. The board shall, in cooperation
with the operating agencies, by January 1, 1996:
(1) Identify policies to reduce administrative and other
barriers to efficient operation of the state’s workforce development system and barriers to improved coordination of
workforce development in the state. These policies shall
include waivers of statutory requirements and administrative
rules, as well as implementation of one-stop access to workforce development services and school-to-work transition;
(2) Identify ways for operating agencies to share
resources, instructors, and curricula through collaboration
with other public and private entities to increase training
opportunities and reduce costs; and
(3) Report to the governor and the appropriate legislative
committees its recommendations for any statutory changes
necessary to enhance operational efficiencies or improve
coordination. The board shall work with the operating agencies of the state’s workforce development system to reduce
administrative barriers that do not require statutory changes.
[1995 c 130 § 6.]
28C.18.110
28C.18.120 State strategic plan for supply of health
care personnel—Reports. The board shall:
(1) Facilitate ongoing collaboration among stakeholders
in order to address the health care personnel shortage;
(2) In collaboration with stakeholders, establish and
maintain a state strategic plan for ensuring an adequate supply of health care personnel that safeguards the ability of the
health care delivery system in Washington state to provide
quality, accessible health care to residents of Washington;
and
(3) Report to the governor and legislature by December
31, 2003, and annually thereafter, on progress on the state
plan and make additional recommendations as necessary.
[2003 c 278 § 2.]
changes that will increase demand for health care services;
(4) An increasing proportion of the population will reach retirement
age, and an increasing proportion of health care personnel will also reach
retirement age; and
(5) There should be continuing collaboration among health care workforce stakeholders to address the shortage of health care personnel." [2003 c
278 § 1.]
28C.18.130 Industry skill panels—Grants—Role. (1)
Subject to funding provided for the purposes of this section,
the board, in consultation with the state board for community
and technical colleges, the *department of community, trade,
and economic development, and the employment security
department, shall allocate grants on a competitive basis to
establish and support industry skill panels.
(2) Eligible applicants for the grants allocated under this
section include, but are not limited to, workforce development councils, community and technical colleges, economic
development councils, private career schools, chambers of
commerce, trade associations, and apprenticeship councils.
(3) Entities applying for a grant under this section shall
provide an employer match of at least twenty-five percent to
be eligible. The local match may include in-kind services.
(4) It shall be the role of industry skill panels funded
under this chapter to enable businesses in the industry to
address workforce skill needs. Industry skill panels shall
identify workforce strategies to meet the needs in order to
benefit employers and workers across the industry. Examples of strategies include, but are not limited to: Developing
career guidance materials; producing or updating skill standards and curricula; designing training programs and courses;
developing technical assessments and certifications; arranging employer mentoring, tutoring, and internships; identifying private sector assistance in providing faculty or equipment to training providers; and organizing industry conferences disseminating best practices. The products and
services of particular skill panels shall depend upon the needs
of the industry. [2008 c 103 § 3.]
28C.18.130
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—Intent—2008 c 103: See note following RCW 28C.18.010.
28C.18.120
Findings—2003 c 278: "The legislature finds and declares:
(1) There is a severe shortage of health care personnel in Washington
state;
(2) The shortage contributes to increased costs in health care and
threatens the ability of the health care system to provide adequate and accessible services;
(3) The current shortage of health care personnel is structural rather
than the cyclical shortages of the past, and this is due to demographic
[Title 28C RCW—page 16]
28C.18.132 Electronically distributed learning—
Work group—Report. (Expires December 31, 2012.) (1)
To the extent funds are appropriated specifically for this purpose and in partnership with the state board for community
and technical colleges, the board shall convene a work group
that includes representatives from the prosperity partnership,
the technology alliance, the higher education coordinating
board, a private career or vocational school, a four-year public institution of higher education, the council of faculty representatives, the united faculty of Washington state, community and technical college faculty, and a community and technical college student, to take the following actions related to
electronically distributed learning:
(a) Identify and evaluate current national private
employer workplace-based educational programs with electronically distributed learning components provided by public colleges and universities. The evaluation shall include:
(i) A review of the literature and interviews of practitioners about promising practices and results;
28C.18.132
(2010 Ed.)
Workforce Training and Education
(ii) An initial determination of feasibility based on targeted populations served, subject matter, and level of education;
(iii) An overview of technological considerations and
adult learning strategies for distribution of learning to
employer sites; and
(iv) An overview of cost factors, including shared costs
or coinvestments by public and private partners;
(b) Review and, to the extent necessary, establish standards and best practices regarding electronically distributed
learning and related support services including online help
desk support, advising, mentoring, counseling, and tutoring;
(c) Recommend methods to increase student access to
electronically distributed learning programs of study and
identify barriers to programs of study participation and completion;
(d) Determine methods to increase the institutional supply and quality of open course materials, with a focus on the
OpenCourseWare initiative at the Massachusetts Institute of
Technology;
(e) Recommend methods to increase the availability and
use of digital open textbooks; and
(f) Review and report demographic information on electronically distributed learning programs of study enrollments,
retention, and completions.
(2) The board shall work in cooperation with the state
board for community and technical colleges to report the preliminary results of the studies to the appropriate committees
of the legislature by December 1, 2008, and a final report by
December 1, 2009. [2008 c 258 § 2.]
Expiration date—2008 c 258 §§ 2-4: "Sections 2 through 4 of this act
expire December 31, 2012." [2008 c 258 § 5.]
Findings—Intent—2008 c 258: "The legislature finds that there are
many working adults in Washington that need additional postsecondary educational opportunities to further develop their employability. The legislature
further finds that many of these people postpone or call off their personal
educational plans because they are busy working and raising their families.
Because the largest portion of our workforce over the next thirty years is
already employed but in need of skill development, and because many lowwage, low-skilled, and mid-skilled individuals cannot take advantage of
postsecondary educational opportunities as they currently exist, the legislature intends to identify and test additional postsecondary educational opportunities tailored to make postsecondary education accessible to working
adults through the use of campuses extended to include workplace-based
educational offerings." [2008 c 258 § 1.]
28C.18.134 Employer workplace-based educational
programs with distance learning components—Pilot
project—Report. (Expires December 31, 2012.) (1) To the
extent funds are appropriated specifically for this purpose,
the board shall use a matching fund strategy to select and
evaluate up to eight pilot projects operated by Washington
institutions of higher education. By September 2008, the
board shall select up to eight institutions of higher education
as defined in RCW 28B.92.030 including at least four community or technical colleges to develop and offer a pilot
project providing employer workplace-based educational
programs with distance learning components. The board
shall convene a task force that includes representatives from
the state board for community and technical colleges and the
higher education coordinating board to select the participant
institutions. At a minimum, the criteria for selecting the educational institutions shall address:
28C.18.134
(2010 Ed.)
28C.18.140
(a) The ability to demonstrate a capacity to make a commitment of resources to build and sustain a high quality program;
(b) The ability to readily engage faculty appropriately
qualified to develop and deliver a high quality curriculum;
(c) The ability to demonstrate demand for the proposed
program from a sufficient number of interested employees
within its service area to make the program cost-effective and
feasible to operate; and
(d) The identification of employers that demonstrate a
commitment to host an on-site program. Employers shall
demonstrate their commitment to provide:
(i) Access to educational coursework and educational
advice and support for entry-level and semiskilled workers,
including paid and unpaid release time, and adequate classroom space that is equipped appropriately for the selected
technological distance learning methodologies to be used;
(ii) On-site promotion and encouragement of worker
participation, including employee orientations, peer support
and mentoring, educational tutoring, and career planning;
(iii) Allowance of a reasonable level of worker choice in
the type and level of coursework available;
(iv) Commitment to work with college partner to ensure
the relevance of coursework to the skill demands and potential career pathways of the employer host site and other participating employers;
(v) Willingness to participate in an evaluation of the pilot
to analyze the net benefit to the employer host site, other
employer partners, the worker-students, and the colleges; and
(vi) In firms with union representation, the mandatory
establishment of a labor-management committee to oversee
design and participation.
(2) Institutions of higher education may submit an application to become a pilot college under this section. An institution of higher education selected as a pilot college shall
develop the curriculum for and design and deliver courses.
However, the programs developed under this section are subject to approval by the state board for technical and community colleges under RCW 28B.50.090 and by the higher education coordinating board under RCW 28B.76.230.
(3) The board shall evaluate the pilot project and report
the outcomes to students and employers by December 1,
2012. [2008 c 258 § 3.]
Expiration date—2008 c 258 §§ 2-4: See note following RCW
28C.18.132.
Findings—Intent—2008 c 258: See note following RCW 28C.18.132.
28C.18.136 Receipt of federal and private funds.
(Expires December 31, 2012.) The board may receive and
expend federal funds and private gifts or grants, which funds
must be expended in accordance with any conditions upon
which the funds are contingent. [2008 c 258 § 4.]
28C.18.136
Expiration date—2008 c 258 §§ 2-4: See note following RCW
28C.18.132.
Findings—Intent—2008 c 258: See note following RCW 28C.18.132.
28C.18.140 Industry skill panels—Standards—
Report. The board shall establish industry skill panel standards that identify the expectations for industry skill panel
products and services. The board shall establish the standards in consultation with labor, the state board for commu28C.18.140
[Title 28C RCW—page 17]
28C.18.150
Title 28C RCW: Vocational Education
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—Intent—2008 c 103: See note following RCW 28C.18.010.
28C.18.150 Local unified plan for the workforce
development system—Strategic plan. (1) Workforce
development councils, in partnership with local elected officials, shall develop and maintain a local unified plan for the
workforce development system including, but not limited to,
the local plan required by P.L. 105-220, Title I. The unified
plan shall include a strategic plan that assesses local employment opportunities and skill needs, the present and future
workforce, the current workforce development system, information on financial resources, diversity, goals, objectives,
and strategies for the local workforce development system,
and a system-wide financial strategy for implementing the
plan. Local workforce development councils shall submit
their strategic plans to the board for review and to the governor for approval.
(2) The strategic plan shall clearly articulate the connection between workforce and economic development efforts in
the local area including the area industry clusters and the strategic clusters the community is targeting for growth. The
plan shall include, but is not limited to:
(a) Data on current and projected employment opportunities in the local area;
(b) Identification of workforce investment needs of
existing businesses and businesses considering location in the
region, with special attention to industry clusters;
(c) Identification of educational, training, employment,
and support service needs of jobseekers and workers in the
local area, including individuals with disabilities and other
underrepresented talent sources;
(d) Analysis of the industry demand, potential labor
force supply, and educational, employment, and workforce
support available to businesses and jobseekers in the region;
and
(e) Collaboration with associate development organizations in regional planning efforts involving combined strategies around workforce development and economic development policies and programs. Combined planning efforts shall
include, but not be limited to, assistance to industry clusters
in the area.
(3) The board shall work with workforce development
councils to develop implementation and funding strategies
for purposes of this section. [2009 c 151 § 8.]
28C.18.162 through 28C.18.168. The purpose of the program is to provide incentives for opportunity internship consortia to use existing resources to build educational and
employment pipelines to high-demand occupations in targeted industries for low-income high school students. Three
types of incentives are provided through the program:
(a) Each opportunity internship graduate shall be eligible
for up to one year of financial assistance for postsecondary
education as provided in RCW 28B.92.084;
(b) Each opportunity internship graduate who completes
a postsecondary program of study shall receive a job interview with an employer participating in an opportunity internship consortium that has agreed to provide such interviews;
and
(c) For each opportunity internship graduate who completes a postsecondary program of study, obtains employment in a high-demand occupation that pays a starting salary
or wages of not less than thirty thousand dollars per year, and
remains employed for at least six months, the participating
opportunity internship consortium shall be eligible to receive
an incentive payment as provided in RCW 28C.18.168.
(2) The opportunity internship program shall be administered by the board and the board may adopt rules to implement the program. [2009 c 238 § 2.]
Findings—Intent—2009 c 238: "(1) The legislature finds that moving
low-income high school students efficiently through a progression of career
exploration, internships or preapprenticeships in high-demand occupations,
and completion of postsecondary education benefits these students by
increasing the relevance of their high school education, increasing their connection to the working world, accelerating their entry into a high-demand
occupation, and increasing their earnings and opportunities.
(2) The legislature further finds that in a difficult economy, youth
unemployment rates increase sharply. Providing paid internships and preapprenticeships to high school students creates not only an immediate shortterm economic stimulus in local communities, but also creates the potential
to sustain that economic recovery by making students better prepared for
postsecondary education and employment in the types of occupations that
will generate economic growth over the long term.
(3) The legislature further finds that moving students efficiently
through secondary and postsecondary education reduces state expenditures
by improving on-time graduation and postsecondary retention and increases
state revenues by providing for graduates with higher lifelong earnings and
taxpaying potential.
(4) Employers and local economies benefit from the development of a
long-term relationship with potential employees and a more consistent pipeline of skilled workers into the occupations for which they are having the
most trouble finding skilled workers.
(5) Therefore the legislature intends to provide incentives for local consortia of employers, labor organizations, educational institutions, and workforce and economic development councils to use existing funds to build educational and employment pipelines to high-demand occupations for lowincome high school students." [2009 c 238 § 1.]
nity and technical colleges, the employment security department, the institute of workforce development and economic
sustainability, and the *department of community, trade, and
economic development. Continued funding of particular
industry skill panels shall be based on meeting the standards
established by the board under this section. Beginning
December 1, 2008, the board shall report annually to the governor and the economic development and higher education
committees of the legislature on the results of the industry
skill panels funded under this chapter in meeting the standards. [2008 c 103 § 4.]
28C.18.150
Outcome evaluation—2009 c 238: "(1) The workforce training and
education coordinating board shall conduct an outcome evaluation of opportunity internship programs. At a minimum, the analysis shall examine the
financial benefits of on-time graduation, youth employment while in high
school, postsecondary education enrollment and completion, and adult
employment in high-demand occupations compared to the local and state
costs of the programs.
(2) The board shall submit a preliminary analysis to the governor and
the education and higher education committees of the legislature by December 1, 2012, and a final analysis by December 1, 2014." [2009 c 238 § 11.]
28C.18.162 Opportunity internship program—Definitions. Unless the context clearly requires otherwise, the
definitions in this section apply throughout this section and
RCW 28C.18.160 and 28C.18.164 through 28C.18.168.
28C.18.162
28C.18.160 Opportunity internship program—Purpose—Program incentives—Rules. (1) The opportunity
internship program is created under this section and RCW
28C.18.160
[Title 28C RCW—page 18]
(2010 Ed.)
Workforce Training and Education
(1) "High-demand occupation" means an occupation
with a substantial number of current or projected employment opportunities.
(2) "Low-income high school student" means a student
who is enrolled in grades ten, eleven, or twelve in a public
high school and who qualifies for federal free or reducedprice meals. If a student qualifies at the time the student
begins participating in the opportunity internship program,
the student remains eligible even if the student does not
receive free or reduced-price meals thereafter. To participate
in the program, the student must remain enrolled in high
school until the student receives a high school diploma.
(3) "Opportunity internship consortium" means a local
consortium formed for the purpose of participating in the
opportunity internship program and which may be composed
of a local workforce development council, economic development council, area high schools, community or technical
colleges, apprenticeship councils, preapprenticeship programs such as running start for the trades, private vocational
schools licensed under chapter 28C.10 RCW, public and private four-year institutions of higher education, employers in
targeted industries, and labor organizations.
(4) "Opportunity internship graduate" means a lowincome high school student who successfully completes an
opportunity internship program and graduates from high
school.
(5) "Postsecondary program of study" means an undergraduate or graduate certificate, apprenticeship, or degree
program.
(6) "Preapprenticeship" means a program of at least
ninety hours and not more than one hundred eighty hours in
length that provides practical experience, education, preparation, and the development of skills that would be beneficial
for entry into state-approved apprenticeship programs,
including but not limited to construction industry structure
and the construction process; orientation to state-approved
apprenticeship; tools of the various trades and safe handling
of power tools; and industry standards of safety, responsibility, and craft excellence.
(7) "Targeted industry" means a business or industry
identified by a local workforce development council as having high-demand occupations that require candidates to have
completed a postsecondary program of study. [2009 c 238 §
3.]
Findings—Intent—2009 c 238: See note following RCW 28C.18.160.
28C.18.164 Opportunity internship program—
Opportunity internship consortia—Contracts—Federal
funds. (1) Opportunity internship consortia may apply to the
board to offer an opportunity internship program.
(a) The board, in consultation with the Washington state
apprenticeship and training council, may select those consortia that demonstrate the strongest commitment and readiness
to implement a high quality opportunity internship program
for low-income high school students. The board shall place a
priority on consortia with demonstrated experience working
with similar populations of students and demonstrated capacity to assist a large number of students through the progression of internship or preapprenticeship, high school graduation, postsecondary education, and retention in a high28C.18.164
(2010 Ed.)
28C.18.164
demand occupation. The board shall place a priority on programs that emphasize secondary career and technical education and nonbaccalaureate postsecondary education; however, programs that target four-year postsecondary degrees
are eligible to participate.
(b)(i) Except as provided in (b)(ii) of this subsection (1),
the board shall enter into a contract with each consortium
selected to participate in the program. No more than ten consortia per year shall be selected to participate in the program,
and to the extent possible, the board shall assure a geographic
distribution of consortia in regions across the state emphasizing a variety of targeted industries. Each consortium may
select no more than one hundred low-income high school students per year to participate in the program.
(ii) For fiscal years 2011 through 2013, the board shall
enter into a contract with each consortium selected to participate in the program. No more than twelve consortia per year
shall be selected to participate in the program, and to the
extent possible, the board shall assure a geographic distribution of consortia in regions across the state emphasizing a
variety of targeted industries. No more than five thousand
low-income high school students per year may be selected to
participate in the program.
(2) Under the terms of an opportunity internship program
contract, an opportunity internship consortium shall commit
to the following activities which shall be conducted using
existing federal, state, local, or private funds available to the
consortium:
(a) Identify high-demand occupations in targeted industries for which opportunity internships or preapprenticeships
shall be developed and provided;
(b) Develop and implement the components of opportunity internships, including paid or unpaid internships or preapprenticeships of at least ninety hours in length in highdemand occupations with employers in the consortium, mentoring and guidance for students who participate in the program, assistance with applications for postsecondary programs and financial aid, and a guarantee of a job interview
with a participating employer for all opportunity internship
graduates who successfully complete a postsecondary program of study;
(c) Once the internship or preapprenticeship components
have been developed, conduct outreach efforts to inform lowincome high school students about high-demand occupations,
the opportunity internship program, options for postsecondary programs of study, and the incentives and opportunities
provided to students who participate in the program;
(d) Obtain appropriate documentation of the low-income
status of students who participate in the program;
(e) Maintain communication with opportunity internship
graduates of the consortium who enroll in postsecondary programs of study; and
(f) Submit an annual report to the board on the progress
of and participation in the opportunity internship program of
the consortium.
(3) Opportunity internship consortia are encouraged to:
(a) Provide paid opportunity internships or preapprenticeships, including during the summer months to encourage
students to stay enrolled in high school;
[Title 28C RCW—page 19]
28C.18.166
Title 28C RCW: Vocational Education
(b) Work with high schools to offer opportunity internships as approved worksite learning experiences where students can earn high school credit;
(c) Designate the local workforce development council
as fiscal agent for the opportunity internship program contract;
(d) Work with area high schools to incorporate the
opportunity internship program into comprehensive guidance
and counseling programs such as the navigation 101 program; and
(e) Coordinate the opportunity internship program with
other workforce development and postsecondary education
programs, including opportunity grants, the college bound
scholarship program, federal workforce investment act initiatives, and college access challenge grants.
(4) The board shall seek federal funds that may be used
to support the opportunity internship program, including providing the incentive payments under RCW 28C.18.168.
[2010 1st sp.s. c 24 § 4; 2009 c 238 § 4.]
Findings—Intent—2010 1st sp.s. c 24: See note following RCW
28C.04.390.
Findings—Intent—2009 c 238: See note following RCW 28C.18.160.
28C.18.166
28C.18.166 Opportunity internship program—List
of consortium graduates—Notifying higher education
coordinating board of state need grant eligibility. On an
annual basis, each opportunity internship consortium shall
provide the board with a list of the opportunity internship
graduates from the consortium. The board shall compile the
lists from all consortia and shall notify the higher education
coordinating board of the eligibility of each graduate on the
lists to receive a state need grant under chapter 28B.92 RCW
if the graduate enrolls in a postsecondary program of study
within one year of high school graduation. [2009 c 238 § 5.]
Findings—Intent—2009 c 238: See note following RCW 28C.18.160.
28C.18.168
28C.18.168 Opportunity internship program—List
of employed graduates—Verification—Incentive payments. (1) On an annual basis, each opportunity internship
consortium shall provide the board with a list of the opportunity internship graduates from the consortium who have completed a postsecondary program of study, obtained employment in a high-demand occupation that pays a starting salary
or wages of not less than thirty thousand dollars per year, and
remained employed for at least six months.
(2) The board shall verify the information on the lists
from each consortium. Subject to funds appropriated or otherwise available for this purpose, the board shall allocate to
each consortium an incentive payment of two thousand dollars for each graduate on the consortium’s list. In the event
that insufficient funds are appropriated to provide a full payment, the board shall prorate payments across all consortia
and shall notify the governor and the legislature of the
amount of the shortfall.
(3) Opportunity internship consortia shall use the incentive payments to continue operating opportunity internship
programs. [2009 c 238 § 6.]
28C.18.170 Green industry skill panels—Prioritization of workforce training programs. (1) The legislature
directs the board to create and pilot green industry skill panels. These panels shall consist of business representatives
from industry sectors related to clean energy, labor unions
representing workers in those industries or labor affiliates
administering state-approved, joint apprenticeship programs
or labor-management partnership programs that train workers for these industries, state and local veterans agencies,
employer associations, educational institutions, and local
workforce development councils within the region that the
panels propose to operate, and other key stakeholders as
determined by the applicant. Any of these stakeholder organizations are eligible to receive grants under this section and
serve as the intermediary that convenes and leads the panel.
Panel applicants must provide labor market and industry
analysis that demonstrates high demand, or demand of strategic importance to the development of the state’s clean energy
economy as identified in this section, for middle or highwage occupations, or occupations that are part of career pathways to the same, within the relevant industry sector. The
panel shall, in consultation with the department and the
*leadership team:
(a) Conduct labor market and industry analyses, in consultation with the employment security department, and
drawing on the findings of its research when available;
(b) Recommend strategies to meet the recruitment and
training needs of the industry and small businesses; and
(c) Recommend strategies to leverage and align other
public and private funding sources.
(2) The board may prioritize workforce training programs that lead to a credential, certificate, or degree in green
economy jobs. For purposes of this section, green economy
jobs include those in the primary industries of a green economy, including clean energy, high-efficiency building, green
transportation, and environmental protection. Prioritization
efforts may include but are not limited to: (a) Prioritization
of the use of high employer-demand funding for workforce
training programs in green economy jobs; (b) increased outreach efforts to public utilities, education, labor, government,
and private industry to develop tailored, green job training
programs; and (c) increased outreach efforts to target populations. Outreach efforts may be conducted in partnership with
local workforce development councils.
(3) The definitions in RCW 43.330.010 apply to this section. [2009 c 536 § 8.]
28C.18.170
*Reviser’s note: The leadership team was created in 2009 c 536 § 3,
which was vetoed.
Short title—2009 c 536: See note following RCW 43.330.370.
28C.18.900 Effective dates—Severability—1991 c
See RCW 28B.50.917 and 28B.50.918.
28C.18.900
238.
Findings—Intent—2009 c 238: See note following RCW 28C.18.160.
[Title 28C RCW—page 20]
(2010 Ed.)
Title 29A
ELECTIONS
Title 29A
Chapters
29A.04
29A.08
29A.12
29A.16
29A.04.175
General provisions.
Voters and registration.
Voting systems.
Precinct and polling place determination and
accessibility.
29A.20 Qualifications, terms, and requirements for
elective offices.
29A.24 Filing for office.
29A.28 Vacancies.
29A.32 Voters’ pamphlets.
29A.36 Ballots and other voting forms.
29A.40 Absentee voting.
29A.44 Polling place elections and poll workers.
29A.46 Disability access voting.
29A.48
Voting by mail.
29A.52 Primaries and elections.
29A.53 Instant runoff voting pilot project.
29A.56 Special circumstances elections.
29A.60 Canvassing.
29A.64 Recounts.
29A.68 Contesting an election.
29A.72 State initiative and referendum.
29A.76 Redistricting.
29A.76A Congressional districts and apportionment.
29A.80
Political parties.
29A.84 Crimes and penalties.
29A.88 Nuclear waste site—Election for disapproval.
Chapter 29A.04
Chapter 29A.04 RCW
GENERAL PROVISIONS
Sections
DEFINITIONS
29A.04.001
29A.04.008
29A.04.013
29A.04.019
29A.04.025
29A.04.031
29A.04.037
29A.04.043
29A.04.049
29A.04.055
29A.04.061
29A.04.067
29A.04.073
29A.04.079
29A.04.086
29A.04.091
29A.04.097
29A.04.109
29A.04.110
29A.04.115
29A.04.121
29A.04.127
29A.04.128
29A.04.133
29A.04.139
29A.04.145
29A.04.151
29A.04.163
29A.04.169
(2010 Ed.)
Scope of definitions.
Ballot and related terms.
Canvassing.
Counting center.
County auditor.
Date of mailing.
Disabled voter.
Election.
Election board.
Election officer.
Elector.
Filing officer.
General election.
Infamous crime.
Major political party.
Measures.
Minor political party.
Overseas voter.
Partisan office.
Poll-site ballot counting devices.
Precinct.
Primary.
Primary.
Qualified.
Recount.
Registered voter.
Residence.
Service voter.
Short term.
Special election.
29A.04.205
29A.04.206
29A.04.210
29A.04.216
29A.04.220
29A.04.225
29A.04.230
29A.04.235
29A.04.240
29A.04.250
29A.04.255
State policy.
Voters’ rights.
Registration required—Exception.
County auditor—Duties—Exceptions.
County auditor—Public notice of availability of services.
Public disclosure reports.
Secretary of state as chief election officer.
Election laws for county auditors.
Information in foreign languages.
Toll-free media and web page.
Electronic facsimile documents—Acceptance.
29A.04.310
29A.04.311
29A.04.321
Primaries.
Primaries.
State and local general elections—Statewide general election—Exceptions—Special county elections.
City, town, and district general and special elections—
Exceptions (as amended by 2009 c 144).
City, town, and district general and special elections—
Exceptions (as amended by 2009 c 413).
City, town, and district general and special elections—
Exceptions (as amended by 2009 c 413).
Elections in certain first-class school districts.
GENERAL PROVISIONS
TIMES FOR HOLDING ELECTIONS
29A.04.330
29A.04.330
29A.04.330
29A.04.340
ELECTION COSTS
29A.04.410
29A.04.420
29A.04.430
29A.04.440
29A.04.450
29A.04.460
29A.04.470
Costs borne by constituencies.
State share.
Interest on reimbursement.
Election account.
Local government grant program.
Grant program—Administration.
Grant program—Advisory committee.
ADMINISTRATION
29A.04.510
29A.04.520
29A.04.525
29A.04.530
29A.04.540
29A.04.550
29A.04.560
29A.04.570
29A.04.575
29A.04.580
29A.04.590
Election administration and certification board—Generally.
Appeals.
Complaint procedures.
Duties of secretary of state.
Training of administrators.
Denial of certification—Review and appeal.
Election review section.
Review of county election procedures.
Visits to elections offices, facilities.
County auditor and review staff.
Election assistance and clearinghouse program.
29A.04.611
29A.04.620
29A.04.630
Rules by secretary of state.
Rules.
Joint powers and duties with board.
29A.04.900
29A.04.901
29A.04.902
29A.04.903
29A.04.904
29A.04.905
Continuation of existing law.
Headings and captions not part of law.
Invalidity of part not to affect remainder.
Effective date—2003 c 111.
Severability—2004 c 271.
Effective date—2004 c 271.
RULE-MAKING AUTHORITY
CONSTRUCTION
DEFINITIONS
29A.04.001 Scope of definitions. Words and phrases as
defined in this chapter, wherever used in Title 29A RCW,
shall have the meaning as in this chapter ascribed to them,
unless where used the context thereof shall clearly indicate to
29A.04.001
[Title 29A RCW—page 1]
29A.04.008
Title 29A RCW: Elections
the contrary or unless otherwise defined in the chapter of
which they are a part. [2003 c 111 § 101. Prior: 1965 c 9 §
29.01.005. For like prior law see 1907 c 209 § 1, part; RRS §
5177, part. Formerly RCW 29.01.005.]
29A.04.008 Ballot and related terms. As used in this
title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
(b) A facsimile of the contents of a particular ballot
whether printed on a paper ballot or ballot card or as part of a
voting machine or voting device;
(c) A physical or electronic record of the choices of an
individual voter in a particular primary, general election, or
special election; or
(d) The physical document on which the voter’s choices
are to be recorded;
(2) "Paper ballot" means a piece of paper on which the
ballot for a particular election or primary has been printed, on
which a voter may record his or her choices for any candidate
or for or against any measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of
paper of any size on which a voter may record his or her
choices for any candidate and for or against any measure and
that is to be tabulated on a vote tallying system;
(4) "Sample ballot" means a printed facsimile of all the
issues and offices on the ballot in a jurisdiction and is
intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general
election, or special election;
(5) "Provisional ballot" means a ballot issued at the polling place on election day by the precinct election board to a
voter who would otherwise be denied an opportunity to vote
a regular ballot, for any reason authorized by the Help America Vote Act, including but not limited to the following:
(a) The voter’s name does not appear in the poll book;
(b) There is an indication in the poll book that the voter
has requested an absentee ballot, but the voter wishes to vote
at the polling place;
(c) There is a question on the part of the voter concerning
the issues or candidates on which the voter is qualified to
vote;
(d) Any other reason allowed by law;
(6) "Party ballot" means a primary election ballot specific to a particular major political party that lists all candidates for partisan office who affiliate with that same major
political party, as well as the nonpartisan races and ballot
measures to be voted on at that primary;
(7) "Nonpartisan ballot" means a primary election ballot
that lists all nonpartisan races and ballot measures to be voted
on at that primary. [2007 c 38 § 1; 2005 c 243 § 1; 2004 c 271
§ 102.]
29A.04.008
29A.04.013 Canvassing. "Canvassing" means the process of examining ballots or groups of ballots, subtotals, and
cumulative totals in order to determine the official returns of
a primary or general election and includes the tabulation of
29A.04.013
[Title 29A RCW—page 2]
any votes that were not tabulated at the precinct or in a counting center on the day of the primary or election. [2003 c 111
§ 103; 1990 c 59 § 3. Formerly RCW 29.01.008.]
Intent—1990 c 59: "By this act the legislature intends to unify and simplify the laws and procedures governing filing for elective office, ballot layout, ballot format, voting equipment, and canvassing." [1990 c 59 § 1.]
Additional notes found at www.leg.wa.gov
29A.04.019 Counting center. "Counting center"
means the facility or facilities designated by the county auditor to count and canvass mail ballots, absentee ballots, and
polling place ballots that are transferred to a central site to be
counted, rather than being counted by a poll-site ballot counting device, on the day of a primary or election. [2003 c 111
§ 104. Prior: 1999 c 158 § 1; 1990 c 59 § 4. Formerly RCW
29.01.042.]
29A.04.019
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.04.025 County auditor. "County auditor" means
the county auditor in a noncharter county or the officer, irrespective of title, having the overall responsibility to maintain
voter registration and to conduct state and local elections in a
charter county. [2003 c 111 § 105; 1984 c 106 § 1. Formerly
RCW 29.01.043.]
29A.04.025
29A.04.031 Date of mailing. For registered voters voting by absentee or mail ballot, "date of mailing" means the
date of the postal cancellation on the envelope in which the
ballot is returned to the election official by whom it was
issued. For all nonregistered absentee voters, "date of mailing" means the date stated by the voter on the envelope in
which the ballot is returned to the election official by whom
it was issued. [2003 c 111 § 106; 1987 c 346 § 3. Formerly
RCW 29.01.045.]
29A.04.031
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.037 Disabled voter. (Effective until July 1,
2011.) "Disabled voter" means any registered voter who
qualifies for special parking privileges under RCW
46.16.381, or who is defined as blind under RCW 74.18.020,
or who qualifies to require assistance with voting under RCW
29A.44.240. [2003 c 111 § 107. Prior: 1987 c 346 § 4. Formerly RCW 29.01.047.]
29A.04.037
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.037 Disabled voter. (Effective July 1, 2011.)
"Disabled voter" means any registered voter who qualifies
for special parking privileges under RCW 46.19.010, or who
is defined as blind under RCW 74.18.020, or who qualifies to
require assistance with voting under RCW 29A.44.240.
[2010 c 161 § 1103; 2003 c 111 § 107. Prior: 1987 c 346 §
4. Formerly RCW 29.01.047.]
29A.04.037
Effective date—Intent—Legislation to reconcile chapter 161, Laws
of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
(2010 Ed.)
General Provisions
29A.04.043 Election. "Election" when used alone
means a general election except where the context indicates
that a special election is included. "Election" when used
without qualification does not include a primary. [2003 c 111
§ 108. Prior: 1990 c 59 § 5; 1965 c 9 § 29.01.050; prior:
1907 c 209 § 1, part; RRS § 5177(c). See also 1950 ex.s. c 14
§ 3. Formerly RCW 29.01.050.]
29A.04.043
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.04.049 Election board. "Election board" means a
group of election officers serving one precinct or a group of
precincts in a polling place. [2003 c 111 § 109; 1986 c 167 §
1. Formerly RCW 29.01.055.]
29A.04.049
Additional notes found at www.leg.wa.gov
29A.04.055 Election officer. "Election officer"
includes any officer who has a duty to perform relating to
elections under the provisions of any statute, charter, or ordinance. [2003 c 111 § 110. Prior: 1965 c 9 § 29.01.060. Formerly RCW 29.01.060.]
29A.04.055
29A.04.061 Elector. "Elector" means any person who
possesses all of the qualifications to vote under Article VI of
the state Constitution. [2003 c 111 § 111. Prior: 1987 c 346
§ 2. Formerly RCW 29.01.065.]
29A.04.061
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.067 Filing officer. "Filing officer" means the
county or state officer with whom declarations of candidacy
for an office are required to be filed under this title. [2003 c
111 § 112. Prior: 1990 c 59 § 77. Formerly RCW
29.01.068.]
29A.04.067
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.04.073 General election. "General election"
means an election required to be held on a fixed date recurring at regular intervals. [2003 c 111 § 113. Prior: 1965 c 9
§ 29.01.070. Formerly RCW 29.01.070.]
29A.04.073
29A.04.079 Infamous crime. An "infamous crime" is a
crime punishable by death in the state penitentiary or imprisonment in a state correctional facility. Neither an adjudication in juvenile court pursuant to chapter 13.40 RCW, nor a
conviction for a misdemeanor or gross misdemeanor, is an
"infamous crime." [2009 c 369 § 1; 2003 c 111 § 114. Prior:
1992 c 7 § 31; 1965 c 9 § 29.01.080; prior: Code 1881 §
3054; 1865 p 25 § 5; RRS § 5113. Formerly RCW
29.01.080.]
29A.04.079
Contests, conviction of felony without reversal or restoration of civil rights
as grounds for: RCW 29A.68.020.
Denial of civil rights for conviction of infamous crime: State Constitution
Art. 6 § 3.
29A.04.086 Major political party. "Major political
party" means a political party of which at least one nominee
for president, vice president, United States senator, or a statewide office received at least five percent of the total vote cast
at the last preceding state general election in an even-num29A.04.086
(2010 Ed.)
29A.04.115
bered year. A political party qualifying as a major political
party under this section retains such status until the next
even-year election at which a candidate of that party does not
achieve at least five percent of the vote for one of the previously specified offices. If none of these offices appear on the
ballot in an even-year general election, the major party
retains its status as a major party through that election. However, a political party of which no nominee received at least
ten percent of the total vote cast may forgo its status as a
major political party by filing with the secretary of state an
appropriate party rule within sixty days of attaining major
party status under this section, or within fifteen days of June
10, 2004, whichever is later. [2004 c 271 § 103.]
29A.04.091 Measures. "Measure" includes any proposition or question submitted to the voters. [2003 c 111 § 117;
1965 c 9 § 29.01.110. Formerly RCW 29.01.110.]
29A.04.091
29A.04.097 Minor political party. "Minor political
party" means a political organization other than a major political party. [2003 c 111 § 116. Prior: 1965 c 9 § 29.01.100;
prior: 1955 c 102 § 8; prior: 1907 c 209 § 26, part; RRS §
5203, part. Formerly RCW 29.01.100.]
29A.04.097
Minor party convention: RCW 29A.20.111 through 29A.20.201.
Political parties: Chapter 29A.80 RCW.
29A.04.109 Overseas voter. "Overseas voter" means
any elector of the state of Washington outside the territorial
limits of the United States. [2009 c 369 § 2; 2003 c 111 §
119. Prior: 1987 c 346 § 6. Formerly RCW 29.01.117.]
29A.04.109
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.110 Partisan office. "Partisan office" means a
public office for which a candidate may indicate a political
party preference on his or her declaration of candidacy and
have that preference appear on the primary and general election ballot in conjunction with his or her name. The following are partisan offices:
(1) United States senator and United States representative;
(2) All state offices, including legislative, except (a)
judicial offices and (b) the office of superintendent of public
instruction;
(3) All county offices except (a) judicial offices and (b)
those offices for which a county home rule charter provides
otherwise. [2005 c 2 § 4 (Initiative Measure No. 872,
approved November 2, 2004).]
29A.04.110
Reviser’s note: The constitutionality of Initiative Measure No. 872 was
upheld in Washington State Grange v. Washington State Republican Party,
et al., 552 U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
29A.04.115 Poll-site ballot counting devices. "Pollsite ballot counting device" means a device programmed to
accept voted ballots at a polling place for the purpose of tallying and storing the ballots on election day. [2003 c 111 §
120. Prior: 1999 c 158 § 2. Formerly RCW 29.01.119.]
29A.04.115
[Title 29A RCW—page 3]
29A.04.121
Title 29A RCW: Elections
29A.04.121 Precinct. "Precinct" means a geographical
subdivision for voting purposes that is established by a
county legislative authority. [2003 c 111 § 121; 1965 c 9 §
29.01.120. Prior: 1933 c 1 § 2; RRS § 5114-2; prior: 1915 c
16 § 1; RRS § 5114. Formerly RCW 29.01.120.]
29A.04.121
tion procedures established by this title. The terms "registered voter" and "qualified elector" are synonymous. [2003 c
111 § 125; 1987 c 346 § 7. Formerly RCW 29.01.137.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.127
29A.04.127 Primary. "Primary" or "primary election" means a procedure for winnowing candidates for public office to a final list of two as part
of a special or general election. Each voter has the right to cast a vote for any
candidate for each office without any limitation based on party preference or
affiliation, of either the voter or the candidate. [2005 c 2 § 5 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 § 122. Prior: 1965
c 9 § 29.01.130; prior: 1907 c 209 § 1, part; RRS § 5177(a). See also 1950
ex.s. c 14 § 2. Formerly RCW 29.01.130.]
Reviser’s note: (1) RCW 29A.04.127 was amended by 2005 c 2 § 5
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
Nonpartisan primaries: RCW 29A.52.210 through 29A.52.240.
Partisan primaries: RCW 29A.52.111 through 29A.52.130.
Presidential primary: RCW 29A.56.010 through 29A.56.060.
Times for holding primaries: RCW 29A.04.311.
29A.04.127
29A.04.127 Primary. [2003 c 111 § 122. Prior: 1965 c 9 §
29.01.130; prior: 1907 c 209 § 1, part; RRS § 5177(a). See also 1950 ex.s.
c 14 § 2. Formerly RCW 29.01.130.] Repealed by 2004 c 271 § 193.
Reviser’s note: (1) RCW 29A.04.127 was amended by 2005 c 2 § 5
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.04.128 Primary. "Primary" or "primary election"
means a statutory procedure for nominating candidates to
public office at the polls. [2004 c 271 § 152.]
29A.04.128
29A.04.133 Qualified. "Qualified" when pertaining to
a winner of an election means that for such election:
(1) The results have been certified;
(2) Any required bond has been posted; and
(3) The winner has taken and subscribed an oath or affirmation in compliance with the appropriate statute, or if none
is specified, that he or she will faithfully and impartially discharge the duties of the office to the best of his or her ability.
This oath or affirmation shall be administered and certified
by any officer or notary public authorized to administer
oaths, without charge therefor. [2007 c 374 § 1; 2003 c 111
§ 123. Prior: 1979 ex.s. c 126 § 2. Formerly RCW
29.01.135.]
29A.04.133
Purpose—1979 ex.s. c 126: RCW 29A.20.040(1).
29A.04.139 Recount. "Recount" means the process of
retabulating ballots and producing amended election returns
based on that retabulation, even if the vote totals have not
changed. [2003 c 111 § 124. Prior: 2001 c 225 § 1. Formerly RCW 29.01.136.]
29A.04.139
29A.04.145 Registered voter. "Registered voter"
means any elector who has completed the statutory registra29A.04.145
[Title 29A RCW—page 4]
29A.04.151
29A.04.151 Residence. "Residence" for the purpose of
registering and voting means a person’s permanent address
where he or she physically resides and maintains his or her
abode. However, no person gains residence by reason of his
or her presence or loses his or her residence by reason of his
or her absence:
(1) While employed in the civil or military service of the
state or of the United States;
(2) While engaged in the navigation of the waters of this
state or the United States or the high seas;
(3) While a student at any institution of learning;
(4) While confined in any public prison.
Absence from the state on business shall not affect the
question of residence of any person unless the right to vote
has been claimed or exercised elsewhere. [2003 c 111 § 126;
1971 ex.s. c 178 § 1; 1965 c 9 § 29.01.140. Prior: 1955 c 181
§ 1; prior: (i) Code 1881 § 3051; 1865 p 25 § 2; RRS § 5110.
(ii) Code 1881 § 3053; 1866 p 8 § 11; 1865 p 25 § 4; RRS §
5111. Formerly RCW 29.01.140.]
Residence, contingencies affecting: State Constitution Art. 6 § 4.
29A.04.163
29A.04.163 Service voter. "Service voter" means any
elector of the state of Washington who is a member of the
armed forces under 42 U.S.C. Sec. 1973 ff-6 while in active
service, is a member of a reserve component of the armed
forces, is a student or member of the faculty at a United States
military academy, is a member of the merchant marine of the
United States, or is a member of a religious group or welfare
agency officially attached to and serving with the armed
forces of the United States. [2009 c 369 § 3; 2003 c 111 §
127. Prior: 1991 c 23 § 13; 1987 c 346 § 8. Formerly RCW
29.01.155.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.04.169
29A.04.169 Short term. "Short term" means the brief
period of time starting upon the completion of the certification of election returns and ending with the start of the full
term and is applicable only when the office concerned is
being held by an appointee to fill a vacancy. The vacancy
must have occurred after the last election at which such office
could have been voted upon for an unexpired term. Short
term elections are always held in conjunction with elections
for the full term for the office. [2003 c 111 § 130; 1975-’76
2nd ex.s. c 120 § 14. Formerly RCW 29.01.180.]
Additional notes found at www.leg.wa.gov
29A.04.175
29A.04.175 Special election. "Special election" means
any election that is not a general election and may be held in
conjunction with a general election or primary. [2003 c 111
§ 129; 1965 c 9 § 29.01.170. Prior: Code 1881 § 3056; 1865
p 27 § 2; RRS § 5155. Formerly RCW 29.01.170.]
(2010 Ed.)
General Provisions
GENERAL PROVISIONS
29A.04.205 State policy. It is the policy of the state of
Washington to encourage every eligible person to register to
vote and to participate fully in all elections, and to protect the
integrity of the electoral process by providing equal access to
the process while guarding against discrimination and fraud.
The election registration laws and the voting laws of the state
of Washington must be administered without discrimination
based upon race, creed, color, national origin, sex, or political
affiliation. [2003 c 111 § 132; 2001 c 41 § 1. Formerly RCW
29.04.001.]
29A.04.205
29A.04.206 Voters’ rights. The rights of Washington
voters are protected by its constitution and laws and include
the following fundamental rights:
(1) The right of qualified voters to vote at all elections;
(2) The right of absolute secrecy of the vote. No voter
may be required to disclose political faith or adherence in
order to vote;
(3) The right to cast a vote for any candidate for each
office without any limitation based on party preference or
affiliation, of either the voter or the candidate. [2005 c 2 § 3
(Initiative Measure No. 872, approved November 2, 2004).]
29A.04.206
Reviser’s note: The constitutionality of Initiative Measure No. 872 was
upheld in Washington State Grange v. Washington State Republican Party,
et al., 552 U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
29A.04.210 Registration required—Exception.
Except for service and overseas voters, only persons registered to vote shall be permitted to vote:
(1) At any election held for the purpose of electing persons to public office;
(2) At any recall election of a public officer;
(3) At any election held for the submission of a measure
to any voting constituency;
(4) At any primary election.
This section does not apply to elections where being registered to vote is not a prerequisite to voting. [2009 c 369 §
4; 2003 c 111 § 133; 1965 c 9 § 29.04.010. Prior: 1955 c 181
§ 8; prior: (i) 1933 c 1 § 22, part; RRS § 5114-22, part. (ii)
1933 c 1 § 23; RRS § 5114-23. See also 1935 c 26 § 3; RRS
§ 5189. Formerly RCW 29.04.010.]
29A.04.210
Overseas, service voters, same ballots as registered voters: RCW
29A.40.010.
29A.04.235
apportion to each city, town, or district, and to the state of
Washington in the odd-numbered year, its share of the
expense of such primaries and elections. This section does
not apply to general or special elections for any city, town, or
district that is not subject to RCW 29A.04.321 and
29A.04.330, but all such elections must be held and conducted at the time, in the manner, and by the officials (with
such notice, requirements for filing for office, and certifications by local officers) as provided and required by the laws
governing such elections. [2004 c 271 § 104.]
29A.04.220 County auditor—Public notice of availability of services. The county auditor shall provide public
notice of the availability of registration and voting aids, assistance to elderly and disabled persons, and procedures for voting by absentee ballot calculated to reach elderly and disabled persons not later than public notice of the closing of
registration for a primary or election. [2003 c 111 § 135;
1999 c 298 § 18; 1985 c 205 § 10. Formerly RCW
29.57.140.]
29A.04.220
Additional notes found at www.leg.wa.gov
29A.04.225 Public disclosure reports. Each county
auditor or county elections official shall ensure that reports
filed pursuant to chapter 42.56 RCW are arranged, handled,
indexed, and disclosed in a manner consistent with the rules
of the public disclosure commission adopted under *RCW
42.17.375. [2005 c 274 § 248; 2003 c 111 § 136. Prior: 1983
c 294 § 2. Formerly RCW 29.04.025.]
29A.04.225
*Reviser’s note: RCW 42.17.375 was repealed by 2010 c 205 § 10; and
by 2010 c 204 § 1103, effective January 1, 2012.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
29A.04.230 Secretary of state as chief election officer.
The secretary of state through the election division shall be
the chief election officer for all federal, state, county, city,
town, and district elections that are subject to this title. The
secretary of state shall keep records of elections held for
which he or she is required by law to canvass the results,
make such records available to the public upon request, and
coordinate those state election activities required by federal
law. [2003 c 111 § 137; 1994 c 57 § 4; 1965 c 9 § 29.04.070.
Prior: 1963 c 200 § 23; 1949 c 161 § 12; Rem. Supp. 1949 §
5147-2. Formerly RCW 29.04.070.]
29A.04.230
Additional notes found at www.leg.wa.gov
Subversive activities, disqualification from voting: RCW 9.81.040.
29A.04.235 Election laws for county auditors. The
secretary of state shall ensure that each county auditor is provided with the most recent version of the election laws of the
state, as contained in this title. Where amendments have been
enacted after the last compilation of the election laws, he or
she shall ensure that each county auditor receives a copy of
those amendments before the next primary or election. The
county auditor shall ensure that any statutory information
necessary for the precinct election officers to perform their
duties is supplied to them in a timely manner. [2003 c 111 §
138; 1965 c 9 § 29.04.060. Prior: (i) 1907 c 209 § 16; RRS
§ 5193. (ii) 1889 p 413 § 34; RRS § 5299. Formerly RCW
29.04.060.]
29A.04.235
29A.04.216 County auditor—Duties—Exceptions.
The county auditor of each county shall be ex officio the
supervisor of all primaries and elections, general or special,
and it shall be the county auditor’s duty to provide places for
holding such primaries and elections; to appoint the precinct
election officers and to provide for their compensation; to
provide the supplies and materials necessary for the conduct
of elections to the precinct election officers; and to publish
and post notices of calling such primaries and elections in the
manner provided by law. The notice of a primary held in an
even-numbered year must indicate that the office of precinct
committee officer will be on the ballot. The auditor shall also
29A.04.216
(2010 Ed.)
[Title 29A RCW—page 5]
29A.04.240
Title 29A RCW: Elections
29A.04.240 Information in foreign languages. In
order to encourage the broadest possible voting participation
by all eligible citizens, the secretary of state shall produce
voter registration information in the foreign languages
required of state agencies. [2003 c 111 § 139; 2001 c 41 § 3.
Formerly RCW 29.04.085.]
29A.04.240
29A.04.250 Toll-free media and web page. The secretary of state shall provide a toll-free media and web page
designed to allow voter communication with the office of the
secretary of state. [2003 c 111 § 141. Prior: 2001 c 41 § 5.
Formerly RCW 29.04.091.]
29A.04.250
29A.04.255 Electronic facsimile documents—Acceptance. The secretary of state or a county auditor shall accept
and file in his or her office electronic facsimile transmissions
of the following documents:
(1) Declarations of candidacy;
(2) County canvass reports;
(3) Voters’ pamphlet statements;
(4) Arguments for and against ballot measures that will
appear in a voters’ pamphlet;
(5) Requests for recounts;
(6) Certification of candidates and measures by the secretary of state;
(7) Direction by the secretary of state for the conduct of
a mandatory recount;
(8) Requests for absentee ballots;
(9) Any other election related document authorized by
rule adopted by the secretary of state under *RCW
29A.04.610.
The acceptance by the secretary of state or the county
auditor is conditional upon the document being filed in a
timely manner, being legible, and otherwise satisfying the
requirements of state law or rules with respect to form and
content.
If the original copy of a document must be signed and a
copy of the document is filed by facsimile transmission under
this section, the original copy must be subsequently filed with
the official with whom the facsimile was filed. The original
copy must be filed by a deadline established by the secretary
by rule. The secretary may by rule require that the original of
any document, a copy of which is filed by facsimile transmission under this section, also be filed by a deadline established
by the secretary by rule. [2004 c 266 § 5; 2003 c 111 § 142;
1991 c 186 § 1. Formerly RCW 29.04.230.]
29A.04.255
*Reviser’s note: RCW 29A.04.610 was amended by 2004 c 267 § 702
and repealed by 2004 c 271 § 193. RCW 29A.04.610 was subsequently
repealed by 2006 c 206 § 9. Also cf. RCW 29A.04.611.
Effective date—2004 c 266: See note following RCW 29A.04.575.
TIMES FOR HOLDING ELECTIONS
29A.04.310
29A.04.310 Primaries. Primaries for general elections to be held in
November must be held on:
(1) The third Tuesday of the preceding September; or
(2) The seventh Tuesday immediately preceding that general election,
whichever occurs first. [2005 c 2 § 8 (Initiative Measure No. 872, approved
November 2, 2004); 2003 c 111 § 143; 1977 ex.s. c 361 § 29; 1965 ex.s. c
103 § 6; 1965 c 9 § 29.13.070. Prior: 1963 c 200 § 25; 1907 c 209 § 3; RRS
§ 5179. Formerly RCW 29.13.070.]
[Title 29A RCW—page 6]
Reviser’s note: (1) RCW 29A.04.310 was amended by 2005 c 2 § 8
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
Additional notes found at www.leg.wa.gov
29A.04.310
29A.04.310 Primaries. [2003 c 111 § 143; 1977 ex.s. c 361 § 29;
1965 ex.s. c 103 § 6; 1965 c 9 § 29.13.070. Prior: 1963 c 200 § 25; 1907 c
209 § 3; RRS § 5179. Formerly RCW 29.13.070.] Repealed by 2004 c 271
§ 193.
Reviser’s note: (1) RCW 29A.04.310 was amended by 2005 c 2 § 8
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.04.311 Primaries. Nominating primaries for general elections to be held in November, and the election of precinct committee officers, must be held on the third Tuesday
of the preceding August. [2006 c 344 § 1; 2004 c 271 § 105.]
29A.04.311
Effective date—2006 c 344 §§ 1-16 and 18-40: "Sections 1 through 16
and 18 through 40 of this act take effect January 1, 2007." [2006 c 344 § 41.]
29A.04.321 State and local general elections—Statewide general election—Exceptions—Special county elections. (Effective until July 1, 2011.) (1) All state, county,
city, town, and district general elections for the election of
federal, state, legislative, judicial, county, city, town, and district officers, and for the submission to the voters of the state,
county, city, town, or district of any measure for their adoption and approval or rejection, shall be held on the first Tuesday after the first Monday of November, in the year in which
they may be called. A statewide general election shall be
held on the first Tuesday after the first Monday of November
of each year. However, the statewide general election held in
odd-numbered years shall be limited to (a) city, town, and
distr ict g eneral elections as pro vided fo r in RCW
29A.04.330, or as otherwise provided by law; (b) the election
of federal officers for the remainder of any unexpired terms
in the membership of either branch of the Congress of the
United States; (c) the election of state and county officers for
the remainder of any unexpired terms of offices created by or
whose duties are described in Article II, section 15, Article
III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV,
sections 3 and 5 of the state Constitution and RCW 2.06.080;
(d) the election of county officers in any county governed by
a charter containing provisions calling for general county
elections at this time; and (e) the approval or rejection of state
measures, including proposed constitutional amendments,
matters pertaining to any proposed constitutional convention,
initiative measures and referendum measures proposed by the
electorate, referendum bills, and any other matter provided
by the legislature for submission to the electorate.
(2) A county legislative authority may call a special
county election by presenting a resolution to the county auditor prior to the proposed election date. A special election
called by the county legislative authority shall be held on one
of the following dates as decided by such governing body:
29A.04.321
(2010 Ed.)
General Provisions
(a) The second Tuesday in February;
(b) The fourth Tuesday in April;
(c) The third Tuesday in May for tax levies that failed
previously in that calendar year and new bond issues;
(d) The day of the primary as specified by RCW
29A.04.311; or
(e) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date
set forth in subsection (2)(a) through (c) of this section must
be presented to the county auditor at least forty-five days
prior to the election date. A resolution calling for a special
election on a date set forth in subsection (2)(d) or (e) of this
section must be presented to the county auditor at least
eighty-four days prior to the election date.
(4) In addition to the dates set forth in subsection (2)(a)
through (e) of this section, a special election to validate an
excess levy or bond issue may be called at any time to meet
the needs resulting from fire, flood, earthquake, or other act
of God. Such county special election shall be noticed and
conducted in the manner provided by law.
(5) This section shall supersede the provisions of any and
all other statutes, whether general or special in nature, having
different dates for such city, town, and district elections, the
purpose of this section being to establish mandatory dates for
holding elections except for those elections held pursuant to a
home-rule charter adopted under Article XI, section 4 of the
state Constitution. This section shall not be construed as fixing the time for holding primary elections, or elections for the
recall of any elective public officer. [2009 c 413 § 1; 2006 c
344 § 2; 2004 c 271 § 106.]
Expiration date—2009 c 413 §§ 1 and 3: "Sections 1 and 3 of this act
expire July 1, 2011." [2009 c 413 § 5.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.04.321 State and local general elections—Statewide general election—Exceptions—Special county elections. (Effective July 1, 2011.) (1) All state, county, city,
town, and district general elections for the election of federal,
state, legislative, judicial, county, city, town, and district
officers, and for the submission to the voters of the state,
county, city, town, or district of any measure for their adoption and approval or rejection, shall be held on the first Tuesday after the first Monday of November, in the year in which
they may be called. A statewide general election shall be
held on the first Tuesday after the first Monday of November
of each year. However, the statewide general election held in
odd-numbered years shall be limited to (a) city, town, and
distr ict general elections as pro vided fo r in RCW
29A.04.330, or as otherwise provided by law; (b) the election
of federal officers for the remainder of any unexpired terms
in the membership of either branch of the Congress of the
United States; (c) the election of state and county officers for
the remainder of any unexpired terms of offices created by or
whose duties are described in Article II, section 15, Article
III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV,
sections 3 and 5 of the state Constitution and RCW 2.06.080;
(d) the election of county officers in any county governed by
a charter containing provisions calling for general county
elections at this time; and (e) the approval or rejection of state
29A.04.321
(2010 Ed.)
29A.04.330
measures, including proposed constitutional amendments,
matters pertaining to any proposed constitutional convention,
initiative measures and referendum measures proposed by the
electorate, referendum bills, and any other matter provided
by the legislature for submission to the electorate.
(2) A county legislative authority may call a special
county election by presenting a resolution to the county auditor prior to the proposed election date. A special election
called by the county legislative authority shall be held on one
of the following dates as decided by such governing body:
(a) The second Tuesday in February;
(b) The fourth Tuesday in April;
(c) The day of the primary as specified by RCW
29A.04.311; or
(d) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date
set forth in subsection (2)(a) and (b) of this section must be
presented to the county auditor at least forty-five days prior to
the election date. A resolution calling for a special election
on a date set forth in subsection (2)(c) or (d) of this section
must be presented to the county auditor at least eighty-four
days prior to the election date.
(4) In addition to the dates set forth in subsection (2)(a)
through (d) of this section, a special election to validate an
excess levy or bond issue may be called at any time to meet
the needs resulting from fire, flood, earthquake, or other act
of God. Such county special election shall be noticed and
conducted in the manner provided by law.
(5) This section shall supersede the provisions of any and
all other statutes, whether general or special in nature, having
different dates for such city, town, and district elections, the
purpose of this section being to establish mandatory dates for
holding elections except for those elections held pursuant to a
home-rule charter adopted under Article XI, section 4 of the
state Constitution. This section shall not be construed as fixing the time for holding primary elections, or elections for the
recall of any elective public officer. [2009 c 413 § 2; 2006 c
344 § 2; 2004 c 271 § 106.]
Effective date—2009 c 413 §§ 2 and 4: "Sections 2 and 4 of this act
take effect July 1, 2011." [2009 c 413 § 6.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.04.330
29A.04.330 City, town, and district general and special elections—
Exceptions (as amended by 2009 c 144). (1) All city, town, and district general elections shall be held throughout the state of Washington on the first
Tuesday following the first Monday in November in the odd-numbered
years.
This section shall not apply to:
(a) Elections for the recall of any elective public officer;
(b) Public utility districts, conservation districts, or district elections at
which the ownership of property within those districts is a prerequisite to
voting, all of which elections shall be held at the times prescribed in the laws
specifically applicable thereto;
(c) Consolidation proposals as provided for in RCW 28A.315.235 and
nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW;
(d) Special flood control districts consisting of three or more counties.
(2) The county auditor, as ex officio supervisor of elections, upon
request in the form of a resolution of the governing body of a city, town, or
district, presented to the auditor prior to the proposed election date, may call
a special election in such city, town, or district, and for the purpose of such
special election he or she may combine, unite, or divide precincts. Except as
provided in subsection (((3))) (4) of this section, such a special election shall
be held on one of the following dates as decided by the governing body:
[Title 29A RCW—page 7]
29A.04.330
Title 29A RCW: Elections
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary election as specified by RCW 29A.04.311;
or
(f) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date set forth in subsection (2)(a) through (d) of this section must be presented to the county
auditor at least fifty-two days prior to the election date. A resolution calling
for a special election on a date set forth in subsection (2)(e) or (f) of this section must be presented to the county auditor at least eighty-four days prior to
the election date.
(4) In a presidential election year, if a presidential preference primary
is conducted in February, March, April, or May under chapter 29A.56 RCW,
the date on which a special election may be called under subsection (2) of
this section during the month of that primary is the date of the presidential
primary.
(5) In addition to subsection (2)(a) through (f) of this section, a special
election to validate an excess levy or bond issue may be called at any time to
meet the needs resulting from fire, flood, earthquake, or other act of God,
except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2)(e) and (f) of this section. Such special election shall be conducted and notice thereof given in the
manner provided by law.
(6) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such
city, town, and district elections, the purpose of this section being to establish
mandatory dates for holding elections. [2009 c 144 § 3; 2006 c 344 § 3; 2004
c 266 § 6; 2003 c 111 § 145; 2002 c 43 § 2; 1994 c 142 § 2; 1992 c 37 § 2;
1990 c 33 § 562; 1989 c 4 § 10 (Initiative Measure No. 99); 1986 c 167 § 6;
1980 c 3 § 2; 1975-’76 2nd ex.s. c 111 § 2; 1965 c 123 § 3; 1965 c 9 §
29.13.020. Prior: 1963 c 200 § 1; 1955 c 55 § 1; 1951 c 101 § 1; 1949 c 161
§ 1; 1927 c 182 § 1; 1923 c 53 § 2; 1921 c 61 § 2; Rem. Supp. 1949 § 5144.
Formerly RCW 29.13.020.]
29A.04.330
29A.04.330 City, town, and district general and special elections—
Exceptions (as amended by 2009 c 413). (Effective until July 1, 2011.) (1)
All city, town, and district general elections shall be held throughout the state
of Washington on the first Tuesday following the first Monday in November
in the odd-numbered years.
This section shall not apply to:
(a) Elections for the recall of any elective public officer;
(b) Public utility districts, conservation districts, or district elections at
which the ownership of property within those districts is a prerequisite to
voting, all of which elections shall be held at the times prescribed in the laws
specifically applicable thereto;
(c) Consolidation proposals as provided for in RCW 28A.315.235 and
nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.
(2) The county auditor, as ex officio supervisor of elections, upon
request in the form of a resolution of the governing body of a city, town, or
district, presented to the auditor prior to the proposed election date, may call
a special election in such city, town, or district, and for the purpose of such
special election he or she may combine, unite, or divide precincts. ((Except
as provided in subsection (3) of this section,)) Such a special election shall
be held on one of the following dates as decided by the governing body:
(a) The ((first)) second Tuesday ((after the first Monday)) in February;
(b) ((The second Tuesday in March;
(c))) The fourth Tuesday in April;
(((d))) (c) The third Tuesday in May for tax levies that failed previously
in that calendar year and new bond issues;
(((e))) (d) The day of the primary election as specified by RCW
29A.04.311; or
(((f))) (e) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date set forth in subsection (2)(a) through (((d))) (c) of this section must be presented to the
county auditor at least ((fifty-two)) forty-five days prior to the election date.
A resolution calling for a special election on a date set forth in subsection
(2)(((e))) (d) or (((f))) (e) of this section must be presented to the county
auditor at least eighty-four days prior to the election date.
(4) ((In a presidential election year, if a presidential preference primary
is conducted in February, March, April, or May under chapter 29A.56 RCW,
the date on which a special election may be called under subsection (2) of
[Title 29A RCW—page 8]
this section during the month of that primary is the date of the presidential
primary.
(5))) In addition to subsection (2)(a) through (((f))) (e) of this section,
a special election to validate an excess levy or bond issue may be called at
any time to meet the needs resulting from fire, flood, earthquake, or other act
of God, except that no special election may be held between the first day for
candidates to file for public office and the last day to certify the returns of the
general election other than as provided in subsection (2)(((e))) (d) and (((f)))
(e) of this section. Such special election shall be conducted and notice
thereof given in the manner provided by law.
(((6))) (5) This section shall supersede the provisions of any and all
other statutes, whether general or special in nature, having different dates for
such city, town, and district elections, the purpose of this section being to
establish mandatory dates for holding elections. [2009 c 413 § 3; 2006 c 344
§ 3; 2004 c 266 § 6; 2003 c 111 § 145; 2002 c 43 § 2; 1994 c 142 § 2; 1992
c 37 § 2; 1990 c 33 § 562; 1989 c 4 § 10 (Initiative Measure No. 99); 1986 c
167 § 6; 1980 c 3 § 2; 1975-’76 2nd ex.s. c 111 § 2; 1965 c 123 § 3; 1965 c
9 § 29.13.020. Prior: 1963 c 200 § 1; 1955 c 55 § 1; 1951 c 101 § 1; 1949 c
161 § 1; 1927 c 182 § 1; 1923 c 53 § 2; 1921 c 61 § 2; Rem. Supp. 1949 §
5144. Formerly RCW 29.13.020.]
Expiration date—2009 c 413 §§ 1 and 3: See note following RCW
29A.04.321.
29A.04.330
29A.04.330 City, town, and district general and special elections—
Exceptions (as amended by 2009 c 413). (Effective July 1, 2011.) (1) All
city, town, and district general elections shall be held throughout the state of
Washington on the first Tuesday following the first Monday in November in
the odd-numbered years.
This section shall not apply to:
(a) Elections for the recall of any elective public officer;
(b) Public utility districts, conservation districts, or district elections at
which the ownership of property within those districts is a prerequisite to
voting, all of which elections shall be held at the times prescribed in the laws
specifically applicable thereto;
(c) Consolidation proposals as provided for in RCW 28A.315.235 and
nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.
(2) The county auditor, as ex officio supervisor of elections, upon
request in the form of a resolution of the governing body of a city, town, or
district, presented to the auditor prior to the proposed election date, may call
a special election in such city, town, or district, and for the purpose of such
special election he or she may combine, unite, or divide precincts. ((Except
as provided in subsection (3) of this section,)) Such a special election shall
be held on one of the following dates as decided by the governing body:
(a) The ((first)) second Tuesday ((after the first Monday)) in February;
(b) ((The second Tuesday in March;
(c))) The fourth Tuesday in April;
(((d) The third Tuesday in May;
(e))) (c) The day of the primary election as specified by RCW
29A.04.311; or
(((f))) (d) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date set forth in subsection (2)(a) ((through (d))) and (b) of this section must be presented to the
county auditor at least ((fifty-two)) forty-five days prior to the election date.
A resolution calling for a special election on a date set forth in subsection
(2)(((e))) (c) or (((f))) (d) of this section must be presented to the county
auditor at least eighty-four days prior to the election date.
(4) ((In a presidential election year, if a presidential preference primary
is conducted in February, March, April, or May under chapter 29A.56 RCW,
the date on which a special election may be called under subsection (2) of
this section during the month of that primary is the date of the presidential
primary.
(5))) In addition to subsection (2)(a) through (((f))) (d) of this section,
a special election to validate an excess levy or bond issue may be called at
any time to meet the needs resulting from fire, flood, earthquake, or other act
of God, except that no special election may be held between the first day for
candidates to file for public office and the last day to certify the returns of the
general election other than as provided in subsection (2)(((e))) (c) and (((f)))
(d) of this section. Such special election shall be conducted and notice
thereof given in the manner provided by law.
(((6))) (5) This section shall supersede the provisions of any and all
other statutes, whether general or special in nature, having different dates for
such city, town, and district elections, the purpose of this section being to
establish mandatory dates for holding elections. [2009 c 413 § 4; 2006 c 344
§ 3; 2004 c 266 § 6; 2003 c 111 § 145; 2002 c 43 § 2; 1994 c 142 § 2; 1992
c 37 § 2; 1990 c 33 § 562; 1989 c 4 § 10 (Initiative Measure No. 99); 1986 c
(2010 Ed.)
General Provisions
167 § 6; 1980 c 3 § 2; 1975-’76 2nd ex.s. c 111 § 2; 1965 c 123 § 3; 1965 c
9 § 29.13.020. Prior: 1963 c 200 § 1; 1955 c 55 § 1; 1951 c 101 § 1; 1949 c
161 § 1; 1927 c 182 § 1; 1923 c 53 § 2; 1921 c 61 § 2; Rem. Supp. 1949 §
5144. Formerly RCW 29.13.020.]
Reviser’s note: RCW 29A.04.330 was amended three times during the
2009 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective date—2009 c 413 §§ 2 and 4: See note following RCW
29A.04.321.
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Intent—2002 c 43: "The legislature finds that there are conflicting
interpretations as to the intent of the legislature in the enactment of chapter
305, Laws of 1999. The purpose of this act is to make statutory changes that
further clarify this intent.
It is the intent of the legislature that elections of conservation district
supervisors continue to be conducted under procedures in the conservation
district statutes, chapter 89.08 RCW, and that such elections not be conducted under the general election laws contained in Title 29 RCW. Further,
it is the intent of the legislature that there be no change made with regard to
applicability of the public disclosure act, *chapter 42.17 RCW, to conservation district supervisors from those that existed before the enactment of chapter 305, Laws of 1999." [2002 c 43 § 1.]
*Reviser’s note: Provisions in chapter 42.17 RCW relating to public
disclosure are recodified in chapter 42.56 RCW by 2005 c 274.
Effective date—2002 c 43: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 43 § 6.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Additional notes found at www.leg.wa.gov
29A.04.340 Elections in certain first-class school districts. (1) In each county with a population of two hundred
ten thousand or more, first-class school districts containing a
city of the first-class shall hold their elections biennially as
provided in RCW 29A.04.330.
(2) Except as provided in RCW 28A.343.610, the directors to be elected may be elected for terms of six years and
until their successors are elected, qualified, and assume office
in accordance with RCW 29A.20.040.
(3) If the board of directors of a school district pursuant
to subsection (1) of this section reduces the length of the term
of office for school directors in the district from six to four
years, the reduction in the length of term must not affect the
term of office of any incumbent director without his or her
consent, and a provision must be made to appropriately stagger future elections of school directors. [2009 c 107 § 4.]
29A.04.340
Retroactive application—2009 c 107 §§ 1-4: See note following
RCW 28A.343.300.
Effective date—2009 c 107: See note following RCW 28A.343.300.
ELECTION COSTS
29A.04.410 Costs borne by constituencies. Every city,
town, and district is liable for its proportionate share of the
costs when such elections are held in conjunction with other
elections held under RCW *29A.04.320 and 29A.04.330.
Whenever any city, town, or district holds any primary
or election, general or special, on an isolated date, all costs of
such elections must be borne by the city, town, or district
concerned.
29A.04.410
(2010 Ed.)
29A.04.420
The purpose of this section is to clearly establish that the
county is not responsible for any costs involved in the holding of any city, town, or district election.
In recovering such election expenses, including a reasonable pro-ration of administrative costs, the county auditor
shall certify the cost to the county treasurer with a copy to the
clerk or auditor of the city, town, or district concerned. Upon
receipt of such certification, the county treasurer shall make
the transfer from any available and appropriate city, town, or
district funds to the county current expense fund or to the
county election reserve fund if such a fund is established.
Each city, town, or district must be promptly notified by the
county treasurer whenever such transfer has been completed.
However, in those districts wherein a treasurer, other than the
county treasurer, has been appointed such transfer procedure
does not apply, but the district shall promptly issue its warrant for payment of election costs. [2003 c 111 § 146; 1965 c
123 § 5; 1965 c 9 § 29.13.045. Prior: 1963 c 200 § 7; 1951 c
257 § 5. Formerly RCW 29.13.045.]
*Reviser’s note: RCW 29A.04.320 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.321.
County, municipality, or special district facilities as polling places, payment
for: RCW 29A.16.120.
Diking districts, election to authorize, costs: RCW 85.38.060.
Diking or drainage district, reorganization into improvement district
1917 act, election to authorize: RCW 85.38.060.
1933 act, election to authorize: RCW 85.38.060.
Expense of printing and distributing ballot materials: RCW 29A.36.220.
Port districts, formation of, election on, expense of: RCW 53.04.070.
Public utility district elections, expense of: RCW 54.08.041.
Reclamation districts of one million acres, election to form, expense: RCW
89.30.115.
Soil and water conservation district, election to form, expense: RCW
89.08.140.
Water-sewer districts
annexation of territory by, election on, expense: RCW 57.24.050.
formation of, expense: RCW 57.04.055.
29A.04.420 State share. (1) Whenever state officers or
measures are voted upon at a state primary or general election
held in an odd-numbered year under *RCW 29A.04.320, the
state of Washington shall assume a prorated share of the costs
of that state primary or general election.
(2) Whenever a primary or vacancy election is held to fill
a vacancy in the position of United States senator or United
States representative under chapter 29A.28 RCW, the state of
Washington shall assume a prorated share of the costs of that
primary or vacancy election.
(3) The county auditor shall apportion the state’s share of
these expenses when prorating election costs under RCW
29A.04.410 and shall file such expense claims with the secretary of state.
(4) The secretary of state shall include in his or her biennial budget requests sufficient funds to carry out this section.
Reimbursements for election costs shall be from appropriations specifically provided by law for that purpose. [2003 c
111 § 147. Prior: 1985 c 45 § 2; 1977 ex.s. c 144 § 4; 1975’76 2nd ex.s. c 4 § 1; 1973 c 4 § 2. Formerly RCW
29.13.047.]
29A.04.420
*Reviser’s note: RCW 29A.04.320 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.321.
[Title 29A RCW—page 9]
29A.04.430
Title 29A RCW: Elections
Legislative intent—1985 c 45: "It is the intention of the legislature that
sections 2 through 7 of this act shall provide an orderly and predictable election procedure for filling vacancies in the offices of United States representative and United States senator." [1985 c 45 § 1.]
29A.04.430
29A.04.430 Interest on reimbursement. For any reimbursement of election costs under RCW 29A.04.420, the secretary of state shall pay interest at an annual rate equal to two
percentage points in excess of the discount rate on ninety-day
commercial paper in effect at the federal reserve bank in San
Francisco on the fifteenth day of the month immediately preceding the payment for any period of time in excess of thirty
days after the receipt of a properly executed and documented
voucher for such expenses and the entry of an allotment from
specifically appropriated funds for this purpose. The secretary of state shall promptly notify any county that submits an
incomplete or inaccurate voucher for reimbursement under
RCW 29A.04.420. [2003 c 111 § 148; 1986 c 167 § 7. Formerly RCW 29.13.048.]
Additional notes found at www.leg.wa.gov
29A.04.440
29A.04.440 Election account. (1) The election account
is created in the state treasury.
(2) The following receipts must be deposited into the
account:
Amounts received from the federal government under Public
Law 107-252 (October 29, 2002), known as the "Help America Vote Act of 2002," including any amounts received under
subsequent amendments to the act;
amounts appropriated or otherwise made available by the
state legislature for the purposes of carrying out activities for
which federal funds are provided to the state under Public
Law 107-252, including any amounts received under subsequent amendments to the act;
and such other amounts as may be appropriated by the legislature to the account.
(3) Moneys in the account may be spent only after appropriation. Expenditures from the account may be made only to
facilitate the implementation of Public Law 107-252. [2004
c 266 § 2. Prior: 2003 c 48 § 1. Formerly RCW 29.04.260.]
Effective date—2004 c 266: See note following RCW 29A.04.575.
Effective date—2003 c 48: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 17, 2003]." [2003 c 48 § 3.]
29A.04.450
29A.04.450 Local government grant program. The
secretary of state shall establish a competitive local government grant program to solicit and prioritize project proposals
from county election offices. Potential projects [project] proposals must be new projects designed to help the county election office comply with the requirements of the Help America Vote Act (P.L. 107-252). Grant funds will not be allocated to fund existing statutory functions of local elections
[election] offices, and in order to be eligible for a grant, local
election offices must maintain an elections budget at or above
the local elections budget by July 1, 2004. [2004 c 267 §
201.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
[Title 29A RCW—page 10]
29A.04.460 Grant program—Administration. The
secretary of state will administer the grant program and disburse funds from the election account established in the state
treasury by the legislature in chapter 48, Laws of 2003. Only
grant proposals from local government election offices will
be reviewed. The secretary of state and any local government
grant recipient shall enter into an agreement outlining the
terms of the grant and a payment schedule. The payment
schedule may allow the secretary of state to make payments
directly to vendors contracted by the local government election office from Help America Vote Act (P.L. 107-252)
funds. The secretary of state shall adopt any rules necessary
to facilitate this section. [2004 c 267 § 202.]
29A.04.460
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.04.470 Grant program—Advisory committee.
(1) The secretary of state shall create an advisory committee
and adopt rules governing project eligibility, evaluation,
awarding of grants, and other criteria for administering the
local government grant program, which may include a preference for grants that include a match of local funds.
(2) The advisory committee shall review grant proposals
and establish a prioritized list of projects to be considered for
funding by the third Tuesday in May of each year beginning
in 2004 and continuing as long as funds in the election
account established by chapter 48, Laws of 2003 [RCW
29A.04.440] are available. The grant award may have an
effective date other than the date the project is placed on the
prioritized list, including money spent previously by the
county that would qualify for reimbursement under the Help
America Vote Act (P.L. 107-252).
(3) Examples of projects that would be eligible for local
government grant funding include, but are not limited to the
following:
(a) Replacement or upgrade of voting equipment, including the replacement of punch card voting systems;
(b) Purchase of additional voting equipment, including
the purchase of equipment to meet the disability requirements
of the Help America Vote Act (P.L. 107-252);
(c) Purchase of new election management system hardware and software capable of integrating with the statewide
voter registration system required by the Help America Vote
Act (P.L. 107-252);
(d) Development and production of poll worker recruitment and training materials;
(e) Voter education programs;
(f) Publication of a local voters’ pamphlet;
(g) Toll-free access system to provide notice of the outcome of provisional ballots; and
(h) Training for local election officials. [2004 c 267 §
203.]
29A.04.470
Effective dates—2004 c 267: See note following RCW 29A.08.010.
ADMINISTRATION
29A.04.510 Election administration and certification
board—Generally. (1) The Washington state election
administration and certification board is established and has
the responsibilities and authorities prescribed by this chapter.
The board is composed of the following members:
(a) The secretary of state or the secretary’s designee;
29A.04.510
(2010 Ed.)
General Provisions
(b) The state director of elections or the director’s designee;
(c) Four county auditors appointed by the Washington
state association of county auditors or their alternates who are
county auditors designated by the association to serve as such
alternates, each appointee and alternate to serve at the pleasure of the association;
(d) One member from each of the two largest political
party caucuses of the house of representatives designated by
and serving at the pleasure of the legislative leader of the
respective caucus;
(e) One member from each of the two largest political
party caucuses of the senate designated by and serving at the
pleasure of the legislative leader of the respective caucus; and
(f) One representative from each major political party,
designated by and serving at the pleasure of the chair of the
party’s state central committee.
(2) The board shall elect a chair from among its number;
however, neither the secretary of state nor the state director of
elections nor their designees may serve as the chair of the
board. A majority of the members appointed to the board
constitutes a quorum for conducting the business of the
board. Chapter 42.30 RCW, the Open Public Meetings Act,
and RCW 42.32.030 regarding minutes of meetings, apply to
the meetings of the board.
(3) Members of the board shall serve without compensation. The secretary of state shall reimburse members of the
board, other than those who are members of the legislature,
for travel expenses in accordance with RCW 43.03.050 and
43.03.060. Members of the board who are members of the
legislature shall be reimbursed as provided in chapter 44.04
RCW. [2003 c 111 § 149; 1992 c 163 § 3. Formerly RCW
29.60.010.]
29A.04.520 Appeals. The board created in RCW
29A.04.510 shall review appeals filed under RCW
29A.04.550 or 29A.04.570. A decision of the board regarding the appeal must be supported by not less than a majority
of the members appointed to the board. A decision of the
board regarding an appeal filed under RCW 29A.04.570 concerning an election review conducted under that section is
final. If a decision of the board regarding an appeal filed
under RCW 29A.04.550 includes a recommendation that a
certificate be issued, the secretary of state, upon the recommendation of the board, shall issue the certificate. [2003 c
111 § 150.]
29A.04.520
29A.04.525 Complaint procedures. The state-based
administrative complaint procedures required in the Help
America Vote Act (P.L. 107-252) and detailed in administrative rule apply to all primary, general, and special elections
administered under this title. [2004 c 267 § 401.]
29A.04.525
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.04.530 Duties of secretary of state. The secretary
of state shall:
(1) Establish and operate, or provide by contract, training
and certification programs for state and county elections
administration officials and personnel, including training on
29A.04.530
(2010 Ed.)
29A.04.550
election laws, the various types of election law violations,
and discrimination;
(2) Administer tests for state and county officials and
personnel who have received such training and issue certificates to those who have successfully completed the training
and passed such tests;
(3) Maintain a record of those individuals who have
received such training and certificates; and
(4) Provide the staffing and support services required by
the board created under RCW 29A.04.510. [2009 c 415 § 8;
2006 c 206 § 1; 2005 c 243 § 2; 2003 c 111 § 151. Prior:
2001 c 41 § 11; 1992 c 163 § 5. Formerly RCW 29.60.030.]
Additional notes found at www.leg.wa.gov
29A.04.540 Training of administrators. A person
having responsibility for the administration or conduct of
elections, other than precinct election officers, shall, within
eighteen months of undertaking those responsibilities,
receive general training regarding the conduct of elections
and specific training regarding their responsibilities and
duties as prescribed by this title or by rules adopted by the
secretary of state under this title. Included among those persons for whom such training is mandatory are the following:
(1) Secretary of state elections division personnel;
(2) County elections administrators under RCW
36.22.220; and
(3) Any other person or group charged with election
administration responsibilities if the person or group is designated by rule adopted by the secretary of state as requiring the
training.
Neither this section nor RCW 29A.04.530 may be construed as requiring an elected official to receive training or a
certificate of training as a condition for seeking or holding
elective office or as a condition for carrying out constitutional duties. [2009 c 415 § 9; 2003 c 111 § 152; 1992 c 163
§ 6. Formerly RCW 29.60.040.]
29A.04.540
Additional notes found at www.leg.wa.gov
29A.04.550 Denial of certification—Review and
appeal. (1) A decision of the secretary of state to deny certification under RCW 29A.04.530 must be entered in the manner specified for orders under the Administrative Procedure
Act, chapter 34.05 RCW. Such a decision is not effective for
a period of twenty days following the date of the decision,
during which time the person denied certification may file a
petition with the secretary of state requesting the secretary to
reconsider the decision and to grant certification. The petitioner shall include in the petition, an explanation of the reasons why the initial decision is incorrect and certification
should be granted, and may include a request for a hearing on
the matter. The secretary of state shall reconsider the matter
if the petition is filed in a proper and timely manner. If a
hearing is requested, the secretary of state shall conduct the
hearing within sixty days after the date on which the petition
is filed. The secretary of state shall render a final decision on
the matter within ninety days after the date on which the petition is filed.
(2) Within twenty days after the date on which the secretary of state makes a final decision denying a petition under
this section, the petitioner may appeal the denial to the board
29A.04.550
[Title 29A RCW—page 11]
29A.04.560
Title 29A RCW: Elections
created in RCW 29A.04.510. In deciding appeals, the board
shall restrict its review to the record established when the
matter was before the secretary of state. The board shall
affirm the decision if it finds that the record supports the decision and that the decision is not inconsistent with other decisions of the secretary of state in which the same standards
were applied and certification was granted. Similarly, the
board shall reverse the decision and recommend to the secretary of state that certification be granted if the board finds that
such support is lacking or that such inconsistency exists.
(3) Judicial review of certification decisions will be as
prescribed under RCW 34.05.510 through 34.05.598, but is
limited to the review of board decisions denying certification.
[2003 c 111 § 153; 1992 c 163 § 7. Formerly RCW
29.60.050.]
Additional notes found at www.leg.wa.gov
29A.04.560 Election review section. An election
review section is established in the elections division of the
office of the secretary of state. Permanent staff of the elections division, trained and certified as required by RCW
29A.04.540, shall perform the election review functions prescribed by RCW 29A.04.570. The staff may also be required
to assist in training, certification, and other duties as may be
assigned by the secretary of state to ensure the uniform and
orderly conduct of elections in this state. [2003 c 111 § 154.
Prior: 1992 c 163 § 8. Formerly RCW 29.60.060.]
29A.04.560
Additional notes found at www.leg.wa.gov
29A.04.570 Review of county election procedures.
(1)(a) The election review staff of the office of the secretary
of state shall conduct a review of election-related policies,
procedures, and practices in an affected county or counties:
(i) If the unofficial returns of a primary or general election for a position in the state legislature indicate that a mandatory recount is likely for that position; or
(ii) If unofficial returns indicate a mandatory recount is
likely in a statewide election or an election for federal office.
Reviews conducted under (a)(ii) of this subsection shall
be performed in as many selected counties as time and staffing permit. Reviews conducted as a result of mandatory
recounts shall be performed between the time the unofficial
returns are complete and the time the recount is to take place,
if possible.
(b) In addition to conducting reviews under (a) of this
subsection, the election review staff shall also conduct such a
review in a county at least once every five years, in conjunction with a county primary or special or general election, at
the direction of the secretary of state or at the request of the
county auditor. If staffing or budget levels do not permit a
five-year election cycle for reviews, then reviews must be
done as often as possible. If any resident of this state believes
that an aspect of a primary or election has been conducted
inappropriately in a county, the resident may file a complaint
with the secretary of state. The secretary shall consider such
complaints in scheduling periodic reviews under this section.
(c) Before an election review is conducted in a county,
the secretary of state shall provide the county auditor of the
affected county and the chair of the state central committee of
each major political party with notice that the review is to be
29A.04.570
[Title 29A RCW—page 12]
conducted. When a periodic review is to be conducted in a
county at the direction of the secretary of state under (b) of
this subsection, the secretary shall provide the affected
county auditor not less than thirty days’ notice.
(2) Reviews shall be conducted in conformance with
rules adopted under RCW 29A.04.630. In performing a
review in a county under this chapter, the election review
staff shall evaluate the policies and procedures established
for conducting the primary or election in the county and the
practices of those conducting it. As part of the review, the
election review staff shall issue to the county auditor and the
members of the county canvassing board a report of its findings and recommendations regarding such policies, procedures, and practices. A review conducted under this chapter
shall not include any evaluation, finding, or recommendation
regarding the validity of the outcome of a primary or election
or the validity of any canvass of returns nor does the election
review staff have any jurisdiction to make such an evaluation,
finding, or recommendation under this title.
(3) The county auditor or the county canvassing board
shall respond to the review report in writing, listing the steps
that will be taken to correct any problems listed in the report.
Within one year of issuance of the response provided by the
county auditor or county canvassing board, the secretary of
state shall verify that the county has taken the steps to correct
the problems noted in the report.
(4) The county auditor of the county in which a review is
conducted under this section or a member of the canvassing
board of the county may appeal the findings or recommendations of the election review staff regarding the review by filing an appeal with the board created under RCW 29A.04.510.
[2009 c 415 § 10; 2005 c 240 § 1; 2003 c 111 § 155. Prior:
1997 c 284 § 1; 1992 c 163 § 9. Formerly RCW 29.60.070.]
Additional notes found at www.leg.wa.gov
29A.04.575 Visits to elections offices, facilities. The
secretary of state, or any staff of the elections division of the
office of secretary of state, may make unannounced on-site
visits to county election offices and facilities to observe the
handling, processing, counting, or tabulation of ballots.
[2004 c 266 § 1. Prior: 2003 c 109 § 1. Formerly RCW
29.04.075.]
29A.04.575
Effective date—2004 c 266: "This act takes effect July 1, 2004." [2004
c 266 § 25.]
29A.04.580 County auditor and review staff. The
county auditor may designate any person who has been certified under this chapter, other than the auditor, to participate in
a review conducted in the county under this chapter. Each
county auditor and canvassing board shall cooperate fully
during an election review by making available to the reviewing staff any material requested by the staff. The reviewing
staff shall have full access to ballot pages, absentee voting
materials, any other election material normally kept in a
secure environment after the election, and other requested
material. If ballots are reviewed by the staff, they shall be
reviewed in the presence of the canvassing board or its designees. Ballots shall not leave the custody of the canvassing
board. During the review and after its completion, the review
staff may make appropriate recommendations to the county
auditor or canvassing board, or both, to bring the county into
29A.04.580
(2010 Ed.)
General Provisions
compliance with the training required under this chapter, and
the laws or rules of the state of Washington, to safeguard
election material or to preserve the integrity of the elections
process. [2003 c 111 § 156. Prior: 1992 c 163 § 10. Formerly RCW 29.60.080.]
Additional notes found at www.leg.wa.gov
29A.04.590 Election assistance and clearinghouse
program. The secretary of state shall establish within the
elections division an election assistance and clearinghouse
program, which shall provide regular communication
between the secretary of state, local election officials, and
major and minor political parties regarding newly enacted
elections legislation, relevant judicial decisions affecting the
administration of elections, and applicable attorney general
opinions, and which shall respond to inquiries from elections
administrators, political parties, and others regarding election
information. This section does not empower the secretary of
state to offer legal advice or opinions, but the secretary may
discuss the construction or interpretation of election law, case
law, or legal opinions from the attorney general or other competent legal authority. [2003 c 111 § 157. Prior: 1992 c 163
§ 11. Formerly RCW 29.60.090.]
29A.04.590
Additional notes found at www.leg.wa.gov
RULE-MAKING AUTHORITY
29A.04.611 Rules by secretary of state. The secretary
of state as chief election officer shall make reasonable rules
in accordance with chapter 34.05 RCW not inconsistent with
the federal and state election laws to effectuate any provision
of this title and to facilitate the execution of its provisions in
an orderly, timely, and uniform manner relating to any federal, state, county, city, town, and district elections. To that
end the secretary shall assist local election officers by devising uniform forms and procedures.
In addition to the rule-making authority granted otherwise by this section, the secretary of state shall make rules
governing the following provisions:
(1) The maintenance of voter registration records;
(2) The preparation, maintenance, distribution, review,
and filing of precinct maps;
(3) Standards for the design, layout, and production of
ballots;
(4) The examination and testing of voting systems for
certification;
(5) The source and scope of independent evaluations of
voting systems that may be relied upon in certifying voting
systems for use in this state;
(6) Standards and procedures for the acceptance testing
of voting systems by counties;
(7) Standards and procedures for testing the programming of vote tallying software for specific primaries and
elections;
(8) Standards and procedures for the preparation and use
of each type of certified voting system including procedures
for the operation of counting centers where vote tallying systems are used;
(9) Standards and procedures to ensure the accurate tabulation and canvassing of ballots;
29A.04.611
(2010 Ed.)
29A.04.611
(10) Consistency among the counties of the state in the
preparation of ballots, the operation of vote tallying systems,
and the canvassing of primaries and elections;
(11) Procedures to ensure the secrecy of a voter’s ballot
when a small number of ballots are counted at the polls or at
a counting center;
(12) The use of substitute devices or means of voting
when a voting device at the polling place is found to be defective, the counting of votes cast on the defective device, the
counting of votes cast on the substitute device, and the documentation that must be submitted to the county auditor
regarding such circumstances;
(13) Procedures for the transportation of sealed containers of voted ballots or sealed voting devices;
(14) The acceptance and filing of documents via electronic facsimile;
(15) Voter registration applications and records;
(16) The use of voter registration information in the conduct of elections;
(17) The coordination, delivery, and processing of voter
registration records accepted by driver licensing agents or the
department of licensing;
(18) The coordination, delivery, and processing of voter
registration records accepted by agencies designated by the
governor to provide voter registration services;
(19) Procedures to receive and distribute voter registration applications by mail;
(20) Procedures for a voter to change his or her voter registration address within a county by telephone;
(21) Procedures for a voter to change the name under
which he or she is registered to vote;
(22) Procedures for canceling dual voter registration
records and for maintaining records of persons whose voter
registrations have been canceled;
(23) Procedures for the electronic transfer of voter registration records between county auditors and the office of the
secretary of state;
(24) Procedures and forms for declarations of candidacy;
(25) Procedures and requirements for the acceptance and
filing of declarations of candidacy by electronic means;
(26) Procedures for the circumstance in which two or
more candidates have a name similar in sound or spelling so
as to cause confusion for the voter;
(27) Filing for office;
(28) The order of positions and offices on a ballot;
(29) Sample ballots;
(30) Independent evaluations of voting systems;
(31) The testing, approval, and certification of voting
systems;
(32) The testing of vote tallying software programming;
(33) Standards and procedures to prevent fraud and to
facilitate the accurate processing and canvassing of absentee
ballots and mail ballots, including standards for the approval
and implementation of hardware and software for automated
signature verification systems;
(34) Standards and procedures to guarantee the secrecy
of absentee ballots and mail ballots;
(35) Uniformity among the counties of the state in the
conduct of absentee voting and mail ballot elections;
(36) Standards and procedures to accommodate overseas
voters and service voters;
[Title 29A RCW—page 13]
29A.04.620
Title 29A RCW: Elections
(37) The tabulation of paper ballots before the close of
the polls;
(38) The accessibility of polling places and registration
facilities that are accessible to elderly and disabled persons;
(39) The aggregation of precinct results if reporting the
results of a single precinct could jeopardize the secrecy of a
person’s ballot;
(40) Procedures for conducting a statutory recount;
(41) Procedures for filling vacancies in congressional
offices if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and
related procedures cannot be met;
(42) Procedures for the statistical sampling of signatures
for purposes of verifying and canvassing signatures on initiative, referendum, and recall election petitions;
(43) Standards and deadlines for submitting material to
the office of the secretary of state for the voters’ pamphlet;
(44) Deadlines for the filing of ballot titles for referendum bills and constitutional amendments if none have been
provided by the legislature;
(45) Procedures for the publication of a state voters’
pamphlet;
(46) Procedures for conducting special elections regarding nuclear waste sites if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met;
(47) Procedures for conducting partisan primary elections;
(48) Standards and procedures for the proper conduct of
voting during the early voting period to provide accessability
for the blind or visually impaired;
(49) Standards for voting technology and systems used
by the state or any political subdivision to be accessible for
individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation,
including privacy and independence, as other voters;
(50) All data formats for transferring voter registration
data on electronic or machine-readable media for the purpose
of administering the statewide voter registration list required
by the Help America Vote Act (P.L. 107-252);
(51) Defining the interaction of electronic voter registration election management systems employed by each county
auditor to maintain a local copy of each county’s portion of
the official state list of registered voters;
(52) Provisions and procedures to implement the statebased administrative complaint procedure as required by the
Help America Vote Act (P.L. 107-252);
(53) Facilitating the payment of local government grants
to local government election officers or vendors; and
(54) Standards for the verification of signatures on
absentee, mail, and provisional ballot envelopes. [2009 c 369
§ 5. Prior: 2006 c 207 § 1; 2006 c 206 § 2; 2004 c 271 § 151.]
29A.04.620 Rules. The secretary of state as chief election officer may make rules in accordance with chapter 34.05
RCW to facilitate the operation, accomplishment, and purpose of the presidential primary authorized in RCW
29A.56.010 through 29A.56.060. The secretary of state shall
adopt rules consistent with this chapter to comply with
national or state political party rules. [2003 c 111 § 162;
1995 1st sp.s. c 20 § 4; 1989 c 4 § 7 (Initiative Measure No.
99). Formerly RCW 29.19.070.]
Additional notes found at www.leg.wa.gov
29A.04.630 Joint powers and duties with board. (1)
The secretary of state and the board created in RCW
29A.04.510 shall jointly adopt rules, in the manner specified
for the adoption of rules under the Administrative Procedure
Act, chapter 34.05 RCW, governing:
(a) The training of persons officially designated by major
political parties as elections observers under this title, and the
training and certification of election administration officials
and personnel;
(b) The policies and procedures for conducting election
reviews under RCW 29A.04.570; and
(c) The policies and standards to be used by the board in
reviewing and rendering decisions regarding appeals filed
under RCW 29A.04.570.
(2) The board created in RCW 29A.04.510 may adopt
rules governing its procedures. [2003 c 111 § 163; 1992 c
163 § 4. Formerly RCW 29.60.020.]
29A.04.630
CONSTRUCTION
29A.04.900 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [2003 c 111 §
158. Prior: 1965 c 9 § 29.98.010. Formerly RCW
29.98.010.]
29A.04.900
29A.04.901 Headings and captions not part of law.
Chapter headings, part, subpart, and section or subsection
captions, as used in this title do not constitute any part of the
law. [2003 c 111 § 159; 1965 c 9 § 29.98.020. Formerly
RCW 29.98.020.]
29A.04.901
29A.04.902 Invalidity of part not to affect remainder.
If any provision of this title, or its application to any person
or circumstance is held invalid, the remainder of the title, or
the application of the provision to other persons or circumstances is not affected. [2003 c 111 § 160. Prior: 1965 c 9 §
29.98.030. Formerly RCW 29.98.030.]
29A.04.902
29A.04.903 Effective date—2003 c 111. This act takes
effect July 1, 2004. [2003 c 111 § 2405.]
29A.04.903
29A.04.904 Severability—2004 c 271. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2004 c 271 § 204.]
29A.04.904
29A.04.620
[Title 29A RCW—page 14]
29A.04.905 Effective date—2004 c 271. Except for
sections 102 through 193 of this act, this act is necessary for
the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing
public institutions, and takes effect immediately [April 1,
2004]. [2004 c 271 § 205.]
29A.04.905
(2010 Ed.)
Voters and Registration
29A.08.010
Reviser’s note: Sections 1 through 57 and 101 were vetoed by the governor. Sections 102 through 193 took effect June 10, 2004.
29A.08.740
Chapter 29A.08 RCW
VOTERS AND REGISTRATION
29A.08.770
29A.08.775
29A.08.785
Violations of restricted use of registered voter data—Penalties—Liabilities.
Computer file—Duplicate copy—Restrictions and penalties.
Records concerning accuracy and currency of voters lists.
Use and maintenance of statewide list.
Information services board, consultation.
Chapter 29A.08
29A.08.760
CHALLENGES
Sections
DEFINITIONS
29A.08.010
29A.08.020
29A.08.030
Minimum information required for voter registration.
Mailing, date and method.
Notices, various.
GENERAL PROVISIONS
29A.08.105
29A.08.107
29A.08.150
29A.08.161
29A.08.166
Official list, secretary of state—County auditor.
Applicant information for registration—Provisional registration—Exception.
Auditor’s procedure.
Voters without traditional residential addresses.
Registration by other than auditor or secretary of state.
Registration by mail.
Registration electronically.
Database of voter registration records.
Count of registered voters.
Updating information.
Voting in primaries, special elections, or general elections—Notice.
Expense of registration.
No link between voter and ballot choice.
Party affiliation not required.
29A.08.210
29A.08.220
29A.08.230
29A.08.250
29A.08.260
Application—Information required—Warning.
Application—Format—Production.
Oath of applicant.
Furnished by secretary of state.
Supply and distribution.
29A.08.110
29A.08.112
29A.08.115
29A.08.120
29A.08.123
29A.08.125
29A.08.130
29A.08.135
29A.08.140
FORMS
MOTOR VOTER AND REGISTRATION AT STATE AGENCIES
29A.08.310
29A.08.320
29A.08.330
29A.08.340
29A.08.350
Voter registration in state offices, colleges.
Registration or transfer at designated agencies—Form and
application.
Registration at designated agencies—Procedures.
Registration with driver’s license application or renewal.
Duties of department of licensing, secretary of state.
TRANSFERS AND NAME CHANGES
29A.08.410
29A.08.420
29A.08.430
29A.08.440
Address change within county—Transfer by telephone or email.
Transfer to another county.
Transfer on day of primary, special election, or general
election.
Voter name change.
CANCELLATIONS
29A.08.510
29A.08.515
29A.08.520
29A.08.520
29A.08.540
Death.
Incapacitation, guardianship.
Felony conviction—Provisional and permanent restoration
of voting rights (as amended by 2009 c 325).
Felony conviction—Restoration of voting rights (as
amended by 2009 c 369).
Records preservation.
LIST MAINTENANCE
29A.08.610
29A.08.615
29A.08.620
29A.08.625
29A.08.630
29A.08.635
29A.08.640
Dual registration or voting detection.
"Active," "inactive" registered voters.
Change of address information for absentee and mail ballots—Assignment of voter to inactive status—Confirmation notice.
Voting by inactive or canceled voters.
Return of inactive voter to active status—Cancellation of
registration.
Confirmation notices—Form, contents.
Confirmation notice—Response, auditor’s action.
PUBLIC ACCESS TO REGISTRATION RECORDS
29A.08.710
29A.08.720
(2010 Ed.)
Originals and automated files.
Registration, voting records—As public records—Information furnished—Restrictions, confidentiality.
29A.08.810
29A.08.820
29A.08.835
29A.08.840
29A.08.850
Basis for challenging a voter’s registration—Who may
bring a challenge—Challenger duties.
Times for filing challenges—Hearings—Treatment of challenged ballots.
County auditor to publish voter challenges on the internet—
Ongoing notification requirements.
County auditor duties—Dismissal of challenges—Notification—Hearings—Counting or cancellation of ballots.
Challenge of registration—Forms, availability.
DEFINITIONS
29A.08.010 Minimum information required for voter
registration. (1) The minimum information provided on a
voter registration application that is required in order to place
a voter registration applicant on the voter registration rolls
includes:
(a) Name;
(b) Residential address;
(c) Date of birth;
(d) A signature attesting to the truth of the information
provided on the application; and
(e) A check or indication in the box confirming the individual is a United States citizen.
(2) The residential address provided must identify the
actual physical residence of the voter in Washington, as
defined in RCW 29A.04.151, with detail sufficient to allow
the voter to be assigned to the proper precinct and to locate
the voter to confirm his or her residence for purposes of verifying qualification to vote under Article VI, section 1 of the
state Constitution. A residential address may be either a traditional address or a nontraditional address. A traditional
address consists of a street number and name, optional apartment number or unit number, and city or town, as assigned by
a local government, which serves to identify the parcel or
building of residence and the unit if a multiunit residence. A
nontraditional address consists of a narrative description of
the location of the voter’s residence, and may be used when a
traditional address has not been assigned to the voter’s residence.
(3) All other information supplied is ancillary and not to
be used as grounds for not registering an applicant to vote.
(4) Modification of the language of the official Washington state voter registration form by the voter will not be
accepted and will cause the rejection of the registrant’s application. [2009 c 369 § 6; 2006 c 320 § 2; 2005 c 246 § 2; 2004
c 267 § 102; 2003 c 111 § 201; 1994 c 57 § 9. Formerly RCW
29.07.005.]
29A.08.010
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: "(1) Sections 103, 104, and 115 through
118 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and take effect immediately [March 31, 2004].
(2) Sections 119, 140, 201 through 203, 321, 401, 501, and 702 of this
act take effect July 1, 2004.
(3) Sections 301 through 320 of this act take effect January 1, 2005.
(4) Sections 101, 102, 105 through 114, 120 through 139, 601, 701, and
704 of this act take effect January 1, 2006." [2004 c 267 § 707.]
[Title 29A RCW—page 15]
29A.08.020
Title 29A RCW: Elections
GENERAL PROVISIONS
Additional notes found at www.leg.wa.gov
29A.08.020
29A.08.020 Mailing, date and method. The definitions set forth in this section apply throughout this chapter,
unless the context clearly requires otherwise.
(1) "By mail" means delivery of a completed original
voter registration application by mail to the office of the secretary of state.
(2) For voter registration applicants, "date of mailing"
means the date of the postal cancellation on the voter registration application. This date will also be used as the date of
application for the purpose of meeting the registration cutoff
deadline. If the postal cancellation date is illegible then the
date of receipt by the elections official is considered the date
of application. If an application is received by the elections
official by the close of business on the fifth day after the cutoff date for voter registration and the postal cancellation date
is illegible, the application will be considered to have arrived
by the cutoff date for voter registration. [2004 c 267 § 103;
2003 c 111 § 204; 1994 c 57 § 30; 1993 c 434 § 1. Formerly
RCW 29.08.010.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
29A.08.030
29A.08.030 Notices, various. The definitions set forth
in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Verification notice" means a notice sent by the
county auditor or secretary of state to a voter registration
applicant and is used to verify or collect information about
the applicant in order to complete the registration. The verification notice must be designed to include a postage prepaid,
preaddressed return form by which the applicant may verify
or send information.
(2) "Acknowledgement notice" means a notice sent by
nonforwardable mail by the county auditor or secretary of
state to a registered voter to acknowledge a voter registration
transaction, which can include initial registration, transfer, or
reactivation of an inactive registration. An acknowledgement notice may be a voter registration card.
(3) "Identification notice" means a notice sent to a provisionally registered voter to confirm the applicant’s identity.
(4) "Confirmation notice" means a notice sent to a registered voter by first-class forwardable mail at the address indicated on the voter’s permanent registration record and to any
other address at which the county auditor or secretary of state
could reasonably expect mail to be received by the voter in
order to confirm the voter’s residence address. The confirmation notice must be designed to include a postage prepaid,
preaddressed return form by which the registrant may verify
the address information. [2009 c 369 § 7; 2005 c 246 § 3;
2004 c 267 § 104; 2003 c 111 § 203. Prior: 1994 c 57 § 33.
Formerly RCW 29.10.011.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
[Title 29A RCW—page 16]
29A.08.105 Official list, secretary of state—County
auditor. (1) In compliance with the Help America Vote Act
(P.L. 107-252), the centralized statewide voter registration
list maintained by the secretary of state is the official list of
eligible voters for all elections.
(2) In all counties, the county auditor shall be the chief
registrar of voters for every precinct within the county. [2009
c 369 § 8; 2004 c 267 § 105; 2003 c 111 § 205; 1999 c 298 §
4; 1994 c 57 § 8; 1984 c 211 § 3; 1980 c 48 § 1; 1971 ex.s. c
202 § 4; 1965 c 9 § 29.07.010. Prior: 1957 c 251 § 4; prior:
1939 c 15 § 1, part; 1933 c 1 § 3, part; RRS § 5114-3, part;
prior: 1891 c 104 §§ 1, part, 2, part; RRS §§ 5116, part, 5117,
part. Formerly RCW 29.07.010.]
29A.08.105
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Intent—1984 c 211: See note following RCW 29A.08.310.
Additional notes found at www.leg.wa.gov
29A.08.107 Applicant information for registration—
Provisional registration—Exception. (1) If the driver’s
license number, state identification card number, or last four
digits of the social security number provided by the applicant
match the information maintained by the Washington department of licensing or the social security administration, and
the applicant provided all information required by RCW
29A.08.010, the applicant must be registered to vote.
(2) If the driver’s license number, state identification
card number, or last four digits of the social security number
provided by the applicant do not match the information maintained by the Washington department of licensing or the
social security administration, or if the applicant does not
provide a Washington driver’s license, a Washington state
identification card, or a social security number, the applicant
must be provisionally registered to vote. An identification
notice must be sent to the voter to obtain the correct driver’s
license number, state identification card number, last four
digits of the social security number, or one of the following
forms of alternate identification:
(a) Valid photo identification;
(b) A valid enrollment card of a federally recognized
Indian tribe in Washington state;
(c) A copy of a current utility bill;
(d) A current bank statement;
(e) A copy of a current government check;
(f) A copy of a current paycheck; or
(g) A government document, other than a voter registration card, that shows both the name and address of the voter.
(3) The ballot of a provisionally registered voter may not
be counted until the voter provides a driver’s license number,
a state identification card number, or the last four digits of a
social security number that matches the information maintained by the Washington department of licensing or the
social security administration, or until the voter provides
alternate identification. The identification must be provided
no later than the day before certification of the primary or
election. If the voter provides one of the forms of identification in subsection (2) of this section, the voter’s registration
status must be changed from provisionally registered to registered.
29A.08.107
(2010 Ed.)
Voters and Registration
(4) A provisional registration must remain on the official
list of registered voters through at least two general elections
for federal office. If, after two general elections for federal
office, the voter still has not verified his or her identity, the
provisional registration may be canceled.
(5) The requirements of this section do not apply to an
overseas or service voter who registers to vote by signing the
return envelope of an absentee ballot, or to a registered voter
transferring his or her registration. [2009 c 369 § 9; 2005 c
246 § 4; 2004 c 267 § 106.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.08.110 Auditor’s procedure. (1) An application
is considered complete only if it contains the information
required by RCW 29A.08.010. The applicant is considered
to be registered to vote as of the original date of mailing or
date of delivery, whichever is applicable. The auditor shall
record the appropriate precinct identification, taxing district
identification, and date of registration on the voter’s record in
the state voter registration list. Any mailing address provided
shall be used only for mail delivery purposes, and not for precinct assignment or residency purposes. Within sixty days
after the receipt of an application or transfer, the auditor shall
send to the applicant, by first-class nonforwardable mail, an
acknowledgement notice identifying the registrant’s precinct
and containing such other information as may be required by
the secretary of state. The postal service shall be instructed
not to forward a voter registration card to any other address
and to return to the auditor any card which is not deliverable.
(2) If an application is not complete, the auditor shall
promptly mail a verification notice to the applicant. The verification notice shall require the applicant to provide the
missing information. If the applicant provides the required
information within forty-five days, the applicant shall be registered to vote as of the original date of application. The
applicant shall not be placed on the official list of registered
voters until the application is complete. [2009 c 369 § 10;
2005 c 246 § 5; 2004 c 267 § 107; 2003 c 111 § 206. Prior:
1994 c 57 § 32; 1993 c 434 § 6. Formerly RCW 29.08.060.]
29A.08.110
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
29A.08.112 Voters without traditional residential
addresses. No person registering to vote, who meets all the
qualifications of a registered voter in the state of Washington,
shall be disqualified because he or she lacks a traditional residential address. A voter who lacks a traditional residential
address will be registered and assigned to a precinct based on
the location provided.
For the purposes of this section, a voter who resides in a
shelter, park, motor home, marina, or other identifiable location that the voter deems to be his or her residence lacks a traditional address. A voter who registers under this section
must provide a valid mailing address, and must still meet the
requirement in Article VI, section 1 of the state Constitution
that he or she live in the area for at least thirty days before the
election.
29A.08.112
(2010 Ed.)
29A.08.125
A person who has a traditional residential address must
use that address for voter registration purposes and is not eligible to register under this section. [2006 c 320 § 3; 2005 c
246 § 6.]
Effective date—2005 c 246: See note following RCW 10.64.140.
29A.08.115 Registration by other than auditor or
secretary of state. A person or organization collecting voter
registration application forms must transmit the forms to the
secretary of state or a county auditor within five business
days. The registration date on such forms will be the date
they are received by the secretary of state or county auditor.
[2009 c 369 § 11; 2005 c 246 § 8; 2004 c 267 § 108; 2003 c
111 § 207; 1971 ex.s. c 202 § 15; 1965 c 9 § 29.07.110. Prior:
1957 c 251 § 11; prior: 1947 c 68 § 1, part; 1945 c 95 § 1,
part; 1933 c 1 § 6, part; Rem. Supp. 1947 § 5114-6, part;
prior: 1919 c 163 § 6, part; 1915 c 16 § 6, part; 1901 c 135 §
5, part; 1893 c 45 § 1, part; 1889 p 415 § 6, part; RRS § 5124,
part. Formerly RCW 29.07.110.]
29A.08.115
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.08.120 Registration by mail. Any elector of this
state may register to vote by mail under this title. [2004 c 267
§ 109; 2003 c 111 § 208. Prior: 1993 c 434 § 3. Formerly
RCW 29.08.030.]
29A.08.120
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.08.123 Registration electronically. (1) A person
who has a valid Washington state driver’s license or state
identification card may submit a voter registration application electronically on the secretary of state’s web site.
(2) The applicant must attest to the truth of the information provided on the application by affirmatively accepting
the information as true.
(3) The applicant must affirmatively assent to use of his
or her driver’s license or state identification card signature for
voter registration purposes.
(4) A voter registration application submitted electronically is otherwise considered a registration by mail.
(5) For each electronic application, the secretary of state
must obtain a digital copy of the applicant’s driver’s license
or state identification card signature from the department of
licensing.
(6) The secretary of state may employ additional security
measures to ensure the accuracy and integrity of voter registration applications submitted electronically. [2007 c 157 §
1.]
29A.08.123
Effective date—2007 c 157: "This act takes effect January 1, 2008."
[2007 c 157 § 2.]
29A.08.125 Database of voter registration records.
(1) The office of the secretary of state shall maintain a statewide voter registration database. This database must be a
centralized, uniform, interactive computerized statewide
voter registration list that contains the name and registration
information of every registered voter in the state.
(2) The statewide list is the official list of registered voters for the conduct of all elections.
29A.08.125
[Title 29A RCW—page 17]
29A.08.130
Title 29A RCW: Elections
(3) The statewide list must include, but is not limited to,
the name, date of birth, residence address, signature, gender,
and date of registration of every legally registered voter in the
state.
(4) A unique identifier must be assigned to each registered voter in the state.
(5) The database must be coordinated with other government databases within the state including, but not limited to,
the department of corrections, the department of licensing,
the department of health, the administrative office of the
courts, and county auditors. The database may also be coordinated with the databases of election officials in other states.
(6) Authorized employees of the secretary of state and
each county auditor must have immediate electronic access to
the information maintained in the database.
(7) Voter registration information received by each
county auditor must be electronically entered into the database. The office of the secretary of state must provide support, as needed, to enable each county auditor to enter and
maintain voter registration information in the state database.
(8) The secretary of state has data authority over all voter
registration data.
(9) The voter registration database must be designed to
accomplish at a minimum, the following:
(a) Comply with the help America vote act of 2002 (P.L.
107-252);
(b) Identify duplicate voter registrations;
(c) Identify suspected duplicate voters;
(d) Screen against any available databases maintained by
other government agencies to identify voters who are ineligible to vote due to a felony conviction, lack of citizenship, or
mental incompetence;
(e) Provide images of voters’ signatures for the purpose
of checking signatures on initiative and referendum petitions;
(f) Provide for a comparison between the voter registration database and the department of licensing change of
address database;
(g) Provide access for county auditors that includes the
capability to update registrations and search for duplicate
registrations; and
(h) Provide for the cancellation of registrations of voters
who have moved out of state.
(10) The secretary of state may, upon agreement with
other appropriate jurisdictions, screen against any available
databases maintained by election officials in other states and
databases maintained by federal agencies including, but not
limited to, the federal bureau of investigation, the federal
court system, the federal bureau of prisons, and the bureau of
citizenship and immigration services.
(11) The database shall retain information regarding previous successful appeals of proposed cancellations of registrations in order to avoid repeated cancellations for the same
reason.
(12) Each county auditor shall maintain a list of all registered voters within the county that are contained on the official statewide voter registration list. In addition to the information maintained in the statewide database, the county database must also maintain the applicable taxing district and
precinct codes for each voter in the county, and a list of elections in which the individual voted.
[Title 29A RCW—page 18]
(13) Each county auditor shall allow electronic access
and information transfer between the county’s voter registration system and the official statewide voter registration list.
[2009 c 369 § 12; 2005 c 246 § 9; 2004 c 267 § 110; 2003 c
111 § 209; 1993 c 408 § 11; 1991 c 81 § 22; 1974 ex.s. c 127
§ 12. Formerly RCW 29.07.220.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
29A.08.130 Count of registered voters. Election officials shall not include inactive voters in the count of registered voters for the purpose of dividing precincts, creating
vote-by-mail precincts, determining voter turnout, or other
purposes in law for which the determining factor is the number of registered voters. Election officials shall not include
persons who are ongoing absentee voters under RCW
29A.40.040 in determining the maximum permissible size of
vote-by-mail precincts or in determining the maximum permissible size of precincts. Nothing in this section may be
construed as altering the vote tallying requirements of RCW
29A.60.230. [2009 c 369 § 13; 2003 c 111 § 210; 1994 c 57
§ 40. Formerly RCW 29.10.081.]
29A.08.130
Additional notes found at www.leg.wa.gov
29A.08.135 Updating information. (1) When a person
who has previously registered to vote in another state applies
for voter registration in Washington, the person shall provide
on the registration form all information needed to cancel any
previous registration. Notification must be made to the state
elections office of the applicant’s previous state of registration.
(2) A county auditor receiving official information that a
voter has registered to vote in another state shall immediately
cancel that voter’s registration on the official state voter registration list. [2009 c 369 § 14; 2004 c 267 § 111; 2003 c 111
§ 211; 2001 c 41 § 6; 1975 1st ex.s. c 184 § 1; 1973 c 153 §
2. Formerly RCW 29.07.092.]
29A.08.135
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
29A.08.140 Voting in primaries, special elections, or
general elections—Notice. (1) In order to vote in any primary, special election, or general election, a person who is
not registered to vote in Washington must:
(a) Submit a registration application no later than
twenty-nine days before the day of the primary, special election, or general election; or
(b) Register in person at the county auditor’s office in his
or her county of residence no later than eight days before the
day of the primary, special election, or general election. A
person registering under this subsection will be issued an
absentee ballot.
(2) A person who is already registered to vote in Washington may update his or her registration no later than twentynine days before the day of the primary, special election, or
general election to be in effect for that primary, special election, or general election. A registered voter who fails to
transfer his or her residential address by this deadline may
vote according to his or her previous registration address.
29A.08.140
(2010 Ed.)
Voters and Registration
(3) Prior to each primary and general election, the county
auditor shall give notice of the registration deadlines by one
publication in a newspaper of general circulation in the
county at least thirty-five days before the primary or general
election. [2009 c 369 § 15; 2006 c 97 § 1; 2004 c 267 § 112;
2003 c 111 § 212. Prior: 1993 c 383 § 2; 1980 c 3 § 4; 1974
ex.s. c 127 § 4; 1971 ex.s. c 202 § 20; 1965 c 9 § 29.07.160;
prior: 1947 c 68 § 2; 1933 c 1 § 9; Rem. Supp. 1947 § 51149. Formerly RCW 29.07.160.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.08.150 Expense of registration. The expense of
registration in all rural precincts must be paid by the county.
The expense of registration in all precincts lying wholly
within a city or town must be paid by the city or town. Registration expenses for this section include both active and
inactive voters. [2003 c 111 § 214; 1965 c 9 § 29.07.030.
Prior: 1939 c 82 § 1, part; 1933 c 1 § 4, part; RRS § 5114-4,
part; prior: 1891 c 104 § 4; RRS § 5119. Formerly RCW
29.07.030.]
29A.08.150
29A.08.161 No link between voter and ballot choice.
No record may be created or maintained by a state or local
governmental agency or a political organization that identifies a voter with the information marked on the voter’s ballot,
including the choice that a voter makes on a partisan primary
ballot regarding political party affiliation. [2004 c 271 §
107.]
29A.08.161
Record of participation: RCW 29A.44.231.
29A.08.166 Party affiliation not required. Under no
circumstances may an individual be required to affiliate with,
join, adhere to, express faith in, or declare a preference for, a
political party or organization upon registering to vote. [2004
c 271 § 108.]
29A.08.166
FORMS
29A.08.210 Application—Information required—
Warning. An applicant for voter registration shall complete
an application providing the following information concerning his or her qualifications as a voter in this state:
(1) The former address of the applicant if previously registered to vote;
(2) The applicant’s full name;
(3) The applicant’s date of birth;
(4) The address of the applicant’s residence for voting
purposes;
(5) The mailing address of the applicant if that address is
not the same as the address in subsection (4) of this section;
(6) The sex of the applicant;
(7) The applicant’s Washington state driver’s license
number, Washington state identification card number, or the
last four digits of the applicant’s social security number if he
or she does not have a Washington state driver’s license or
Washington state identification card;
(8) A check box allowing the applicant to indicate that he
or she is a member of the armed forces, national guard, or
reserves, or that he or she is an overseas voter;
29A.08.210
(2010 Ed.)
29A.08.220
(9) A check box allowing the applicant to confirm that he
or she is at least eighteen years of age or will be eighteen
years of age by the next election;
(10) Clear and conspicuous language, designed to draw
the applicant’s attention, stating that the applicant must be a
United States citizen in order to register to vote;
(11) A check box and declaration confirming that the
applicant is a citizen of the United States;
(12) The following warning:
"If you knowingly provide false information on this
voter registration form or knowingly make a false declaration
about your qualifications for voter registration you will have
committed a class C felony that is punishable by imprisonment for up to five years, a fine of up to ten thousand dollars,
or both."
(13) The oath required by RCW 29A.08.230 and a space
for the applicant’s signature; and
(14) Any other information that the secretary of state
determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.
This information shall be recorded on a single registration form to be prescribed by the secretary of state. [2009 c
369 § 16; 2005 c 246 § 11; 2003 c 111 § 216; 1994 c 57 § 11;
1990 c 143 § 7; 1973 1st ex.s. c 21 § 3; 1971 ex.s. c 202 § 9;
1965 c 9 § 29.07.070. Prior: 1947 c 68 § 3, part; 1933 c 1 §
11, part; Rem. Supp. 1947 § 5114-11, part; prior: 1921 c 177
§ 7, part; 1915 c 16 § 8, part; 1901 c 135 § 4, part; 1893 c 45
§ 3, part; 1889 p 416 § 8, part; RRS § 5126, part. Formerly
RCW 29.07.070.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Civil disabilities of wife abolished: RCW 26.16.160.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
Copy of instrument restoring civil rights as evidence: RCW 5.44.090.
Qualifications of electors: State Constitution Art. 6 § 1 (Amendment 5).
Residence defined: RCW 29A.04.151.
Subversive activities as disqualification for voting: RCW 9.81.040.
Additional notes found at www.leg.wa.gov
29A.08.220 Application—Format—Production. (1)
The secretary of state shall specify by rule the format of all
voter registration applications. These applications shall be
compatible with existing voter registration records. An applicant for voter registration shall be required to complete only
one application and to provide the required information other
than his or her signature no more than one time. These applications shall also contain information for the voter to transfer
his or her registration.
Any application format specified by the secretary for use
in registering to vote in state and local elections shall satisfy
the requirements of the National Voter Registration Act of
1993 (P.L. 103-31) and the Help America Vote Act of 2002
(P.L. 107-252) for registering to vote in federal elections.
(2) All registration applications required under RCW
29A.08.210 and 29A.08.340 shall be produced and furnished
by the secretary of state to the county auditors and the department of licensing. [2004 c 267 § 115; 2003 c 111 § 217.
Prior: 1994 c 57 § 18; 1990 c 143 § 9; 1973 1st ex.s. c 21 §
7; 1971 ex.s. c 202 § 18; 1965 c 9 § 29.07.140; prior: (i) 1933
29A.08.220
[Title 29A RCW—page 19]
29A.08.230
Title 29A RCW: Elections
c 1 § 30; RRS § 5114-30. (ii) 1933 c 1 § 13, part; RRS §
5114-13, part. Formerly RCW 29.07.140.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
29A.08.230 Oath of applicant. For all voter registrations, the registrant shall sign the following oath:
29A.08.230
"I declare that the facts on this voter registration form are
true. I am a citizen of the United States, I am not presently
denied the right to vote as a result of being convicted of a felony, I will have lived in Washington at this address for thirty
days immediately before the next election at which I vote,
and I will be at least eighteen years old when I vote." [2009
c 369 § 17; 2003 c 111 § 218; 1994 c 57 § 12; 1990 c 143 §
8; 1973 1st ex.s. c 21 § 4; 1971 ex.s. c 202 § 10; 1965 c 9 §
29.07.080. Prior: 1933 c 1 § 12; RRS § 5114-12. Formerly
RCW 29.07.080.]
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
(2) Each state agency designated shall provide voter registration services for employees and the public within each
office of that agency.
(3) The secretary of state shall design and provide a standard notice informing the public of the availability of voter
registration, which notice shall be posted in each state agency
where such services are available.
(4) Each institution of higher education shall put in place
an active prompt on its course registration web site, or similar
web site that students actively and regularly use, that, if
selected, will link the student to the secretary of state’s voter
registration web site. The prompt must ask the student if he
or she wishes to register to vote. [2009 c 369 § 19; 2003 c
111 § 222; 2002 c 185 § 3; 1994 c 57 § 10; 1984 c 211 § 2.
Formerly RCW 29.07.025.]
Intent—1984 c 211: "It is the intention of the legislature, in order to
encourage the broadest possible participation in the electoral process by the
citizens of the state of Washington, to make voter registration services available in state offices which have significant contact with the public." [1984 c
211 § 1.]
Additional notes found at www.leg.wa.gov
29A.08.320 Registration or transfer at designated
agencies—Form and application. (1) A person may register to vote or transfer a voter registration when he or she
applies for service or assistance and with each renewal, recertification, or change of address at agencies designated under
RCW 29A.08.310.
(2) A prospective applicant shall initially be offered a
form approved by the secretary of state designed to determine
whether the person wishes to register to vote. The form must
comply with all applicable state and federal statutes regarding content.
The form shall also contain a box that may be checked by
the applicant to indicate that he or she declines to register.
If the person indicates an interest in registering or has
made no indication as to a desire to register or not register to
vote, the person shall be given a mail-in voter registration
application or a prescribed agency application as provided by
RCW 29A.08.330. [2004 c 267 § 119; 2004 c 266 § 7; 2003
c 111 § 223. Prior: 1994 c 57 § 27. Formerly RCW
29.07.430.]
29A.08.320
Additional notes found at www.leg.wa.gov
29A.08.250 Furnished by secretary of state. The secretary of state shall furnish registration forms necessary to
carry out the registration of voters as provided by this chapter
without cost to the respective counties. [2005 c 246 § 13;
2004 c 267 § 117; 2003 c 111 § 220; 2001 c 41 § 8; 1999 c
298 § 7; 1993 c 434 § 8. Formerly RCW 29.08.080.]
29A.08.250
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.08.260 Supply and distribution. The county
auditor shall distribute forms by which a person may register
to vote by mail and transfer any previous registration in this
state. The county auditor shall keep a supply of voter registration forms in his or her office at all times for political parties and others interested in assisting in voter registration, and
shall make every effort to make these forms generally available to the public. The county auditor shall provide voter registration forms to city and town clerks, state offices, schools,
fire stations, public libraries, and any other locations considered appropriate by the auditor or secretary of state for
extending registration opportunities to all areas of the county.
After the initial distribution of voter registration forms to a
given location, a representative designated by the official in
charge of that location shall notify the county auditor of the
need for additional voter registration supplies. [2009 c 369 §
18; 2004 c 267 § 118; 2003 c 111 § 221. Prior: 1993 c 434 §
4. Formerly RCW 29.08.040.]
29A.08.260
Effective dates—2004 c 267: See note following RCW 29A.08.010.
MOTOR VOTER AND REGISTRATION
AT STATE AGENCIES
29A.08.310 Voter registration in state offices, colleges. (1) The governor, in consultation with the secretary of
state, shall designate agencies to provide voter registration
services in compliance with federal statutes.
29A.08.310
[Title 29A RCW—page 20]
Reviser’s note: This section was amended by 2004 c 266 § 7 and by
2004 c 267 § 119, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Additional notes found at www.leg.wa.gov
29A.08.330 Registration at designated agencies—
Procedures. (1) The secretary of state shall prescribe the
method of voter registration for each designated agency. The
agency shall use either the state voter registration by mail
form with a separate declination form for the applicant to
indicate that he or she declines to register at this time, or the
agency may use a separate form approved for use by the secretary of state.
(2) The person providing service at the agency shall offer
voter registration services to every client whenever he or she
applies for service or assistance and with each renewal, recer29A.08.330
(2010 Ed.)
Voters and Registration
tification, or change of address. The person providing service shall give the applicant the same level of assistance with
the voter registration application as is offered to fill out the
agency’s forms and documents, including information about
age and citizenship requirements for voter registration.
(3) The person providing service at the agency shall
determine if the prospective applicant wants to register to
vote or transfer his or her voter registration by asking the following question:
"Do you want to register to vote or transfer your voter
registration?"
If the applicant chooses to register or transfer a registration, the service agent shall ask the following:
(a) "Are you a United States citizen?"
(b) "Are you or will you be eighteen years of age on or
before the next election?"
If the applicant answers in the affirmative to both questions, the agent shall then provide the applicant with a voter
registration form and instructions and shall record that the
applicant has requested to register to vote or transfer a voter
registration. If the applicant answers in the negative to either
question, the agent shall not provide the applicant with a
voter registration form.
(4) If an agency uses a computerized application process,
it may, in consultation with the secretary of state, develop
methods to capture simultaneously the information required
for voter registration during a person’s computerized application process.
(5) Each designated agency shall transmit the applications to the secretary of state or appropriate county auditor
within three business days. [2009 c 369 § 20; 2005 c 246 §
14; 2003 c 111 § 224. Prior: 2001 c 41 § 7; 1994 c 57 § 28.
Formerly RCW 29.07.440.]
Effective date—2005 c 246: See note following RCW 10.64.140.
29A.08.430
29A.08.350 Duties of department of licensing, secretary of state. The department of licensing shall produce and
transmit to the secretary of state the following information
from the records of each individual who requested a voter
registration or transfer at a driver’s license facility: The
name, address, date of birth, gender of the applicant, the
driver’s license number, and the date on which the application for voter registration or transfer was submitted. The secretary of state shall process the registrations and transfers as
an electronic application. [2009 c 369 § 21; 2004 c 267 §
120; 2003 c 111 § 226; 1994 c 57 § 22; 1990 c 143 § 2. Formerly RCW 29.07.270.]
29A.08.350
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
TRANSFERS AND NAME CHANGES
29A.08.410 Address change within county—Transfer by telephone or e-mail. A registered voter who changes
his or her residence from one address to another within the
same county may transfer his or her registration to the new
address in one of the following ways:
(1) Sending the county auditor a request stating both the
voter’s present address and the address from which the voter
was last registered;
(2) Appearing in person before the county auditor and
making such a request;
(3) Telephoning or e-mailing the county auditor to transfer the registration; or
(4) Submitting a voter registration application. [2009 c
369 § 22; 2003 c 111 § 228; 1994 c 57 § 35; 1991 c 81 § 23;
1975 1st ex.s. c 184 § 2; 1971 ex.s. c 202 § 24; 1965 c 9 §
29.10.020. Prior: 1955 c 181 § 4; prior: 1933 c 1 § 14, part;
RRS § 5114-14, part; prior: 1919 c 163 § 9, part; 1915 c 16
§ 9, part; 1889 p 417 § 12, part; RRS § 5129, part. Formerly
RCW 29.10.020.]
29A.08.410
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
29A.08.420 Transfer to another county. A registered
voter who changes his or her residence from one county to
another county must do so by submitting a voter registration
form. The county auditor of the voter’s new county shall
transfer the voter’s registration from the county of the previous registration. [2009 c 369 § 23; 2004 c 267 § 122; 2003 c
111 § 229; 1999 c 100 § 3; 1994 c 57 § 36; 1991 c 81 § 24;
1977 ex.s. c 361 § 26; 1971 ex.s. c 202 § 26; 1965 c 9 §
29.10.040. Prior: 1933 c 1 § 15; RRS § 5114-15. Formerly
RCW 29.10.040.]
29A.08.420
29A.08.340 Registration with driver’s license application or renewal. (1) A person may register to vote, transfer a voter registration, or change his or her name for voter
registration purposes when he or she applies for or renews a
driver’s license or identification card under chapter 46.20
RCW.
(2) To register to vote, transfer his or her voter registration, or change his or her name for voter registration purposes
under this section, the applicant shall provide the information
required by RCW 29A.08.210.
(3) The driver licensing agent shall record that the applicant has requested to register to vote or transfer a voter registration. [2003 c 111 § 225; 2001 c 41 § 16; 1999 c 298 § 6;
1994 c 57 § 21; 1990 c 143 § 1. Formerly RCW 29.07.260.]
29A.08.340
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
Driver licensing agents duties regarding voter registration: RCW
46.20.155.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
29A.08.430 Transfer on day of primary, special election, or general election. (1) A registered voter may submit
a transfer of his or her voter registration on the day of a primary, special election, or general election by completing a
voter registration form.
(2) A voter who requests to transfer his or her registration after the deadlines established in RCW 29A.08.140 shall
vote in the precinct in which he or she was previously registered. [2009 c 369 § 24; 2004 c 267 § 123; 2003 c 111 § 230.
29A.08.430
[Title 29A RCW—page 21]
29A.08.440
Title 29A RCW: Elections
Prior: 1991 c 81 § 28; 1979 c 96 § 1. Formerly RCW
29.10.170.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
auditor shall cancel the incapacitated person’s voter registration. [2004 c 267 § 125.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
29A.08.520
29A.08.440 Voter name change. A registered voter
who changes his or her name shall notify the county auditor
regarding the name change by submitting a notice clearly
identifying the name under which he or she is registered to
vote, the voter’s new name, and the voter’s residence, and
providing a signature of the new name, or by submitting a
voter registration application.
A properly registered voter who files a change-of-name
notice at the voter’s precinct polling place during a primary
or election and who desires to vote at that primary or election
shall sign the poll book using the voter’s former and new
names. [2009 c 369 § 25; 2003 c 111 § 231; 1994 c 57 § 37;
1991 c 81 § 25. Formerly RCW 29.10.051.]
29A.08.440
Additional notes found at www.leg.wa.gov
CANCELLATIONS
29A.08.510 Death. The registrations of deceased voters
may be canceled from voter registration lists as follows:
(1) Periodically, the registrar of vital statistics of the state
shall prepare a list of persons who resided in each county, for
whom a death certificate was transmitted to the registrar and
was not included on a previous list, and shall supply the list to
the secretary of state.
The secretary of state shall compare this list with the registration records and cancel the registrations of deceased voters.
(2) In addition, each county auditor may also use government agencies and newspaper obituary articles as a source of
information for identifying deceased voters and canceling a
registration. The auditor must verify the identity of the voter
by matching the voter’s date of birth or an address. The auditor shall record the date and source of the information in the
cancellation records.
(3) In addition, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to
his or her personal knowledge or belief another registered
voter is deceased. This statement may be filed with the
county auditor or the secretary of state. Upon the receipt of
such signed statement, the county auditor or the secretary of
state shall cancel the registration from the official state voter
registration list. [2009 c 369 § 26; 2004 c 267 § 124; 2003 c
111 § 232; 1999 c 100 § 1; 1994 c 57 § 41; 1983 c 110 § 1;
1971 ex.s. c 202 § 29; 1965 c 9 § 29.10.090. Prior: 1961 c 32
§ 1; 1933 c 1 § 20; RRS § 5114-20. Formerly RCW
29.10.090.]
29A.08.510
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
29A.08.515 Incapacitation, guardianship. Upon
receiving official notice that a court has imposed a guardianship for an incapacitated person and has determined that the
person is incompetent for the purpose of rationally exercising
the right to vote, under chapter 11.88 RCW, if the incapacitated person is a registered voter in the county, the county
29A.08.515
[Title 29A RCW—page 22]
29A.08.520 Felony conviction—Provisional and permanent restoration of voting rights (as amended by 2009 c 325). (1) ((Upon receiving
official notice of a person’s conviction of a felony in either state or federal
court, if the convicted person is a registered voter in the county, the county
auditor shall cancel the defendant’s voter registration. Additionally, the secretary of state in conjunction with the department of corrections, the Washington state patrol, the office of the administrator for the courts, and other
appropriate state agencies shall arrange for a quarterly comparison of a list of
known felons with the statewide voter registration list. If a person is found
on a felon list and the statewide voter registration list)) For a felony conviction in a Washington state court, the right to vote is provisionally restored as
long as the person is not under the authority of the department of corrections.
For a felony conviction in a federal court or any state court other than a
Washington state court, the right to vote is restored as long as the person is
no longer incarcerated.
(2)(a) Once the right to vote has been provisionally restored, the sentencing court may revoke the provisional restoration of voting rights if the
sentencing court determines that a person has willfully failed to comply with
the terms of his or her order to pay legal financial obligations.
(b) If the person has failed to make three payments in a twelve-month
period and the county clerk or restitution recipient requests, the prosecutor
shall seek revocation of the provisional restoration of voting rights from the
court.
(c) To the extent practicable, the prosecutor and county clerk shall
inform a restitution recipient of the recipient’s right to ask for the revocation
of the provisional restoration of voting rights.
(3) If the court revokes the provisional restoration of voting rights, the
revocation shall remain in effect until, upon motion by the person whose provisional voting rights have been revoked, the person shows that he or she has
made a good faith effort to pay as defined in RCW 10.82.090.
(4) The county clerk shall enter into a database maintained by the
administrator for the courts the names of all persons whose provisional voting rights have been revoked, and update the database for any person whose
voting rights have subsequently been restored pursuant to subsection (6) of
this section.
(5) At least twice a year, the secretary of state shall compare the list of
registered voters to a list of felons who are not eligible to vote as provided in
subsections (1) and (3) of this section. If a registered voter is not eligible to
vote as provided in this section, the secretary of state or county auditor shall
confirm the match through a date of birth comparison and suspend the voter
registration from the official state voter registration list. The ((canceling
authority)) secretary of state or county auditor shall send to the person at his
or her last known voter registration address and at the department of corrections, if the person is under the authority of the department, a notice of the
proposed cancellation and an explanation of the requirements for provisionally and permanently restoring the right to vote ((once all terms of sentencing
have been completed)) and reregistering. ((If the person does not respond
within thirty days, the registration must be canceled.)) To the extent possible,
the secretary of state shall time the comparison required by this subsection to
allow notice and cancellation of voting rights for ineligible voters prior to a
primary or general election.
(((2))) (6) The right to vote may be permanently restored by((, for each
felony conviction,)) one of the following for each felony conviction:
(a) A certificate of discharge issued by the sentencing court, as provided in RCW 9.94A.637;
(b) A court order restoring the right, as provided in RCW 9.92.066;
(c) A final order of discharge issued by the indeterminate sentence
review board, as provided in RCW 9.96.050; or
(d) A certificate of restoration issued by the governor, as provided in
RCW 9.96.020.
(7) For the purposes of this section, a person is under the authority of
the department of corrections if the person is:
(a) Serving a sentence of confinement in the custody of the department
of corrections; or
(b) Subject to community custody as defined in RCW 9.94A.030.
[2009 c 325 § 1; 2005 c 246 § 15; 2004 c 267 § 126; 2003 c 111 § 233. Prior:
1994 c 57 § 42. Formerly RCW 29.10.097.]
29A.08.520
29A.08.520 Felony conviction—Restoration of voting rights (as
amended by 2009 c 369). (1) Upon receiving official notice of a person’s
(2010 Ed.)
Voters and Registration
conviction of a felony in either state or federal court, if the convicted person
is a registered voter in the county, the county auditor shall cancel the defendant’s voter registration. ((Additionally,))
(2) The secretary of state in conjunction with the department of corrections, ((the Washington state patrol,)) the office of the administrator for the
courts, and other appropriate state agencies shall arrange for a quarterly comparison of a list of known felons with the statewide voter registration list. If
a ((person)) registered voter is found on a ((felon)) reliable list ((and the
statewide voter registration list)) of felons who are ineligible to vote, the secretary of state or county auditor shall confirm the match through a name and
date of birth comparison and suspend the voter registration from the official
state voter registration list. The ((canceling authority)) secretary of state
shall send to the person at his or her last known voter registration address a
notice of the proposed cancellation and an explanation of the requirements
for restoring the right to vote once all terms of sentencing have been completed. If the person does not respond within thirty days, the registration
must be canceled.
(((2))) (3) The right to vote may be restored by, for each felony conviction, one of the following:
(a) A certificate of discharge issued by the sentencing court, as provided in RCW 9.94A.637;
(b) A court order restoring the right, as provided in RCW 9.92.066;
(c) A final order of discharge issued by the indeterminate sentence
review board, as provided in RCW 9.96.050; or
(d) A certificate of restoration issued by the governor, as provided in
RCW 9.96.020. [2009 c 369 § 27; 2005 c 246 § 15; 2004 c 267 § 126; 2003
c 111 § 233. Prior: 1994 c 57 § 42. Formerly RCW 29.10.097.]
Reviser’s note: RCW 29A.08.520 was amended twice during the 2009
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Restoration of civil rights: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260,
chapter 9.96 RCW.
Additional notes found at www.leg.wa.gov
29A.08.540 Records preservation. Registration
records of persons whose voter registrations have been canceled as authorized under this title must be preserved in the
manner prescribed by rule by the secretary of state. Information from such canceled registration records is available for
public inspection and copying to the same extent established
by RCW 29A.08.710 for other voter registration information.
[2004 c 267 § 127; 2003 c 111 § 235. Prior: 1991 c 81 § 26;
1971 ex.s. c 202 § 32; 1965 ex.s. c 156 § 1; 1965 c 9 §
29.10.110; prior: 1961 c 32 § 2; 1947 c 85 § 5; 1933 c 1 § 21;
Rem. Supp. 1947 § 5114-21. Formerly RCW 29.10.110.]
29A.08.540
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
LIST MAINTENANCE
29A.08.610 Dual registration or voting detection.
The secretary of state shall conduct an ongoing list maintenance program designed to detect persons registered in more
than one county or voting in more than one county in an election. This program must be applied uniformly throughout the
state and must be nondiscriminatory in its application.
The office of the secretary of state shall search the statewide voter registration list to find registered voters with the
same date of birth and similar names. Once the potential
duplicate registrations are identified, the secretary of state
shall refer the potential duplicate registrations to the appropriate county auditors, who shall compare the signatures on
29A.08.610
(2010 Ed.)
29A.08.620
each voter registration record and, after confirming that a
duplicate registration exists properly resolve the duplication.
If a voter is suspected of voting in two or more counties
in an election, the county auditors in each county shall cooperate without delay to determine the voter’s county of residence. The county auditor of the county of residence of the
voter suspected of voting in two or more counties shall take
action under RCW 29A.84.010 without delay. [2009 c 369 §
28; 2004 c 267 § 129; 2003 c 111 § 237; 2001 c 41 § 10; 1999
c 100 § 4. Formerly RCW 29.10.185.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.08.615
29A.08.615 "Active," "inactive" registered voters.
Registered voters are divided into two categories, "active"
and "inactive." All registered voters are classified as active,
unless assigned to inactive status by the county auditor.
[2003 c 111 § 238. Prior: 1994 c 57 § 34. Formerly RCW
29.10.015.]
Additional notes found at www.leg.wa.gov
29A.08.620
29A.08.620 Change of address information for
absentee and mail ballots—Assignment of voter to inactive status—Confirmation notice. (1) Each county auditor
must request change of address information from the postal
service for all absentee and mail ballots. A voter who votes
at the polls must be mailed an election-related document,
with change of address information requested, at least once
every two years and at least ninety days prior to the date of a
primary or general election for federal office.
(2) The county auditor shall transfer the registration of a
voter and send an acknowledgement notice to the new
address informing the voter of the transfer if change of
address information received by the county auditor from the
postal service, the department of licensing, or another agency
designated to provide voter registration services indicates
that the voter has moved within the county.
(3) The county auditor shall place a voter on inactive status and send to all known addresses a confirmation notice and
a voter registration application if change of address information received by the county auditor from the postal service,
the department of licensing, or another agency designated to
provide voter registration services indicates that the voter has
moved from one county to another.
(4) The county auditor shall place a voter on inactive status and send to all known addresses a confirmation notice if
any of the following occur:
(a) Any document mailed by the county auditor to a
voter is returned by the postal service as undeliverable without address correction information; or
(b) Change of address information received from the
postal service, the department of licensing, or another state
agency designated to provide voter registration services indicates that the voter has moved out of the state. [2009 c 369 §
29. Prior: 2004 c 267 § 130; 2004 c 266 § 8; 2003 c 111 §
239; prior: 1994 c 57 § 38. Formerly RCW 29.10.071.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Additional notes found at www.leg.wa.gov
[Title 29A RCW—page 23]
29A.08.625
Title 29A RCW: Elections
29A.08.625 Voting by inactive or canceled voters. (1)
A voter whose registration has been made inactive under this
chapter and who requests to vote at an ensuing election
before two federal general elections have been held must be
allowed to vote a regular ballot applicable to the registration
address, and the voter’s registration restored to active status.
(2) A voter whose registration has been properly canceled under this chapter shall vote a provisional ballot. The
voter shall mark the provisional ballot in secrecy, the ballot
placed in a security envelope, the security envelope placed in
a provisional ballot envelope, and the reasons for the use of
the provisional ballot noted.
(3) Upon receipt of such a voted provisional ballot the
auditor shall investigate the circumstances surrounding the
original cancellation. If he or she determines that the cancellation was in error, the voter’s registration must be immediately reinstated, and the voter’s provisional ballot must be
counted. If the original cancellation was not in error, the
voter must be afforded the opportunity to reregister at his or
her correct address, and the voter’s provisional ballot must
not be counted. [2009 c 369 § 30; 2003 c 111 § 240; 1994 c
57 § 47. Formerly RCW 29.10.220.]
29A.08.625
Additional notes found at www.leg.wa.gov
29A.08.630 Return of inactive voter to active status—Cancellation of registration. The county auditor shall
return an inactive voter to active voter status if, prior to the
passage of two federal general elections, the voter:
(1) Notifies the auditor of a change of address;
(2) Responds to a confirmation notice with information
that he or she continues to reside at the registration address;
or
(3) Votes or attempts to vote in a primary, special election, or general election. If the inactive voter fails to provide
such a notice or take such an action within that period, the
auditor shall cancel the person’s voter registration. [2009 c
369 § 31; 2004 c 267 § 131; 2003 c 111 § 241. Prior: 1994 c
57 § 39. Formerly RCW 29.10.075.]
29A.08.630
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
(2) If the response from the voter indicates that the voter
moved out of the county, but within the state, the auditor shall
cancel the voter’s registration and notify the county auditor
of the voter’s new county of residence.
(3) If the response from the voter indicates that the voter
has left the state, the auditor shall cancel the voter’s registration on the official state voter registration list. [2009 c 369 §
33; 2004 c 267 § 132; 2003 c 111 § 243. Prior: 1994 c 57 §
46. Formerly RCW 29.10.210.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
PUBLIC ACCESS TO REGISTRATION RECORDS
29A.08.710 Originals and automated files. (1) The
county auditor shall have custody of the original voter registration records for each county. The original voter registration form must be filed without regard to precinct and is considered confidential and unavailable for public inspection and
copying. An automated file of all registered voters must be
maintained pursuant to RCW 29A.08.125. An auditor may
maintain the automated file in lieu of filing or maintaining the
original voter registration forms if the automated file includes
all of the information from the original voter registration
forms including, but not limited to, a retrievable facsimile of
each voter’s signature.
(2) The following information contained in voter registration records or files regarding a voter or a group of voters
is available for public inspection and copying, except as provided in RCW 40.24.060: The voter’s name, address, political jurisdiction, gender, date of birth, voting record, date of
registration, and registration number. No other information
from voter registration records or files is available for public
inspection or copying. [2005 c 246 § 17; 2004 c 267 § 133;
2003 c 111 § 246; 1994 c 57 § 17; 1991 c 81 § 21; 1971 ex.s.
c 202 § 17; 1965 c 9 § 29.07.130. Prior: 1933 c 1 § 13, part;
RRS § 5114-13, part. Formerly RCW 29.07.130.]
29A.08.710
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
29A.08.720 Registration, voting records—As public
records—Information furnished—Restrictions, confidentiality. (1) In the case of voter registration records received
through the department of licensing or an agency designated
under RCW 29A.08.310, the identity of the office or agency
at which any particular individual registered to vote is not
available for public inspection and shall not be disclosed to
the public. Any record of a particular individual’s choice not
to register to vote at an office of the department of licensing
or a state agency designated under RCW 29A.08.310 is not
available for public inspection and any information regarding
such a choice by a particular individual shall not be disclosed
to the public.
(2) Subject to the restrictions of RCW 29A.08.710 and
40.24.060, poll books, precinct lists, and current lists of registered voters are public records and must be made available
for public inspection and copying under such reasonable
rules and regulations as the county auditor or secretary of
state may prescribe. The county auditor or secretary of state
29A.08.720
29A.08.635 Confirmation notices—Form, contents.
Confirmation notices must be on a form prescribed by, or
approved by, the secretary of state and must request that the
voter confirm that he or she continues to reside at the address
of record and desires to continue to use that address for voting purposes. The notice must inform the voter that if the
voter does not respond to the notice and does not vote in
either of the next two federal general elections, his or her
voter registration will be canceled. [2009 c 369 § 32; 2003 c
111 § 242. Prior: 1994 c 57 § 45. Formerly RCW
29.10.200.]
29A.08.635
Additional notes found at www.leg.wa.gov
29A.08.640 Confirmation notice—Response, auditor’s action. (1) If the response to the confirmation notice
from the voter indicates that the voter has moved within the
county, the auditor shall transfer the voter’s registration and
send the voter an acknowledgement notice.
29A.08.640
[Title 29A RCW—page 24]
(2010 Ed.)
Voters and Registration
shall promptly furnish current lists of registered voters in his
or her possession, at actual reproduction cost, to any person
requesting such information. The lists shall not be used for
the purpose of mailing or delivering any advertisement or
offer for any property, establishment, organization, product,
or service or for the purpose of mailing or delivering any
solicitation for money, services, or anything of value. However, the lists and labels may be used for any political purpose. The county auditor or secretary of state must provide a
copy of RCW 29A.08.740 to the person requesting the material that is released under this section.
(3) For the purposes of this section, "political purpose"
means a purpose concerned with the support of or opposition
to any candidate for any partisan or nonpartisan office or concerned with the support of or opposition to any ballot proposition or issue. "Political purpose" includes, but is not limited
to, such activities as the advertising for or against any candidate or ballot measure or the solicitation of financial support.
[2009 c 369 § 34; 2005 c 246 § 18; 2004 c 266 § 9; 2003 c 111
§ 247; 1994 c 57 § 5; 1975-’76 2nd ex.s. c 46 § 1; 1974 ex.s.
c 127 § 2; 1973 1st ex.s. c 111 § 2; 1971 ex.s. c 202 § 3; 1965
ex.s. c 156 § 6. Formerly RCW 29.04.100.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Forms, secretary of state to design—Availability to public: RCW
29A.08.850.
Signature required to vote—Procedure if voter unable to sign name: RCW
29A.44.210.
Additional notes found at www.leg.wa.gov
29A.08.740 Violations of restricted use of registered
voter data—Penalties—Liabilities. (1) Any person who
uses registered voter data furnished under RCW 29A.08.720
for the purpose of mailing or delivering any advertisement or
offer for any property, establishment, organization, product,
or service or for the purpose of mailing or delivering any
solicitation for money, services, or anything of value is guilty
of a class C felony punishable by imprisonment in a state correctional facility for a period of not more than five years or a
fine of not more than ten thousand dollars or both such fine
and imprisonment, and is liable to each person provided such
advertisement or solicitation, without the person’s consent,
for the nuisance value of such person having to dispose of it,
which value is herein established at five dollars for each item
mailed or delivered to the person’s residence. However, a
person who mails or delivers any advertisement, offer, or
solicitation for a political purpose is not liable under this section unless the person is liable under subsection (2) of this
section. For purposes of this subsection, two or more
attached papers or sheets or two or more papers that are
enclosed in the same envelope or container or are folded
together are one item. Merely having a mailbox or other
receptacle for mail on or near the person’s residence is not an
indication that the person consented to receive the advertisement or solicitation. A class action may be brought to
recover damages under this section, and the court may award
a reasonable attorney’s fee to any party recovering damages
under this section.
(2) Each person furnished data under RCW 29A.08.720
shall take reasonable precautions designed to assure that the
data is not used for the purpose of mailing or delivering any
29A.08.740
(2010 Ed.)
29A.08.775
advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or
delivering any solicitation for money, services, or anything of
value. However, the data may be used for any political purpose. Where failure to exercise due care in carrying out this
responsibility results in the data being used for such purposes, then such person is jointly and severally liable for
damages under subsection (1) of this section along with any
other person liable under subsection (1) of this section for the
misuse of such data. [2005 c 246 § 19. Prior: 2003 c 111 §
249; 2003 c 53 § 176; 1999 c 298 § 2; 1992 c 7 § 32; 1974
ex.s. c 127 § 3; 1973 1st ex.s. c 111 § 4. Formerly RCW
29.04.120.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
29A.08.760 Computer file—Duplicate copy—
Restrictions and penalties. The secretary of state shall provide a duplicate copy of the master statewide computer file or
electronic data file of registered voters to the department of
information services for purposes of creating the jury source
list without cost. Restrictions as to the commercial use of the
information on the statewide computer tape or data file of
registered voters, and penalties for its misuse, shall be the
same as provided in RCW 29A.08.720 and 29A.08.740.
[2009 c 369 § 35; 2004 c 267 § 134; 2003 c 111 § 251; 1995
c 135 § 2. Prior: 1993 c 441 § 2; 1993 c 408 § 10; 1977 ex.s.
c 226 § 1; 1975-’76 2nd ex.s. c 46 § 3. Formerly RCW
29.04.160.]
29A.08.760
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Intent—1995 c 135: "The only intent of the legislature in this act is to
correct multiple amendments and delete obsolete provisions. It is not the
intent of the legislature to change the substance or effect of any presently
effective statute." [1995 c 135 § 1.]
Additional notes found at www.leg.wa.gov
29A.08.770 Records concerning accuracy and currency of voters lists. The secretary of state and each county
auditor shall maintain for at least two years and shall make
available for public inspection and copying all records concerning the implementation of programs and activities conducted for the purpose of insuring the accuracy and currency
of official lists of eligible voters. These records must include
lists of the names and addresses of all persons to whom
notices are sent and information concerning whether or not
each person has responded to the notices. These records must
contain lists of all persons removed from the list of eligible
voters and the reasons why the voters were removed. [2004
c 267 § 135; 2003 c 111 § 252. Prior: 1994 c 57 § 7. Formerly RCW 29.04.240.]
29A.08.770
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
29A.08.775 Use and maintenance of statewide list.
Only voters who appear on the official statewide voter registration list are eligible to participate in elections. Each
county shall maintain a copy of that county’s portion of the
state list. The county must ensure that data used for the production of poll lists and other lists and mailings done in the
administration of each election are the same as the official
29A.08.775
[Title 29A RCW—page 25]
29A.08.785
Title 29A RCW: Elections
statewide voter registration list. [2005 c 246 § 20; 2004 c 267
§ 136.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.08.785 Information services board, consultation. In developing the technical standards of data formats
for transferring voter registration data, the secretary shall
consult with the information services board. The board shall
review and make recommendations regarding proposed technical standards prior to implementation. [2004 c 267 § 140.]
29A.08.785
Effective dates—2004 c 267: See note following RCW 29A.08.010.
CHALLENGES
29A.08.810 Basis for challenging a voter’s registration—Who may bring a challenge—Challenger duties.
(1) Registration of a person as a voter is presumptive evidence of his or her right to vote. A challenge to the person’s
right to vote must be based on personal knowledge of one of
the following:
(a) The challenged voter has been convicted of a felony
and the voter’s civil rights have not been restored;
(b) The challenged voter has been judicially declared
ineligible to vote due to mental incompetency;
(c) The challenged voter does not live at the residential
address provided, in which case the challenger must either:
(i) Provide the challenged voter’s actual residence on the
challenge form; or
(ii) Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the
address provided and to attempt to contact the challenged
voter to learn the challenged voter’s actual residence, including that the challenger personally:
(A) Sent a letter with return service requested to the challenged voter’s residential address provided, and to the challenged voter’s mailing address, if provided;
(B) Visited the residential address provided and contacted persons at the address to determine whether the voter
resides at the address and, if not, obtained and submitted with
the challenge form a signed affidavit subject to the penalties
of perjury from a person who owns or manages property,
resides, or is employed at the address provided, that to his or
her personal knowledge the challenged voter does not reside
at the address as provided on the voter registration;
(C) Searched local telephone directories, including
online directories, to determine whether the voter maintains a
telephone listing at any address in the county;
(D) Searched county auditor property records to determine whether the challenged voter owns any property in the
county; and
(E) Searched the statewide voter registration database to
determine if the voter is registered at any other address in the
state;
(d) The challenged voter will not be eighteen years of
age by the next election; or
(e) The challenged voter is not a citizen of the United
States.
(2) A person’s right to vote may be challenged: By
another registered voter or the county prosecuting attorney at
29A.08.810
[Title 29A RCW—page 26]
any time, or by the poll site judge or inspector if the challenge
is filed on election day regarding a voter who presents himself or herself to vote at the poll site.
(3) The challenger must file a signed affidavit subject to
the penalties of perjury swearing that, to his or her personal
knowledge and belief, having exercised due diligence to personally verify the evidence presented, the challenged voter
either is not qualified to vote or does not reside at the address
given on his or her voter registration record based on one of
the reasons allowed in subsection (1) of this section. The
challenger must provide the factual basis for the challenge,
including any information required by subsection (1)(c) of
this section, in the signed affidavit. The challenge may not be
based on unsupported allegations or allegations by anonymous third parties. All documents pertaining to the challenge
are public records.
(4) Challenges based on a felony conviction under RCW
29A.08.520 must be heard according to RCW 29A.08.520
and rules adopted by the secretary of state. [2006 c 320 § 4;
2003 c 111 § 253. Prior: 2001 c 41 § 9; 1987 c 288 § 1; 1983
1st ex.s. c 30 § 2. Formerly RCW 29.10.125.]
Right to vote
loss of: State Constitution Art. 6 § 3, RCW 11.88.010, 11.88.090.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
29A.08.820 Times for filing challenges—Hearings—
Treatment of challenged ballots. (1) Challenges initiated
by a registered voter against a voter who registered to vote
less than sixty days before the election, or who changed residence less than sixty days before the election without transferring his or her registration, must be filed not later than ten
days before any primary or election, general or special, or
within ten days of the voter being added to the voter registration database, whichever is later, at the office of the appropriate county auditor. Challenges initiated by a registered voter
against any other voter must be filed not later than forty-five
days before the election. Challenges initiated by the office of
the county prosecuting attorney must be filed in the same
manner as challenges initiated by a registered voter.
(2)(a) If the challenge is filed within forty-five days
before an election at which the challenged voter is eligible to
vote, a notation of the challenge must be made immediately
in the poll book or voter registration system, and the county
canvassing board presides over the hearing.
(b) If the challenge is filed before the challenged voter’s
ballot is received, the ballot must be treated as a challenged
ballot. A challenged ballot received at a polling place must
be placed in a sealed envelope separate from other voted ballots.
(c) If the challenge is filed after the challenged voter’s
ballot is received, the challenge cannot affect the current
election.
(3) If the challenge is filed at least forty-five days before
an election at which the challenged voter is eligible to vote,
the county auditor presides over the hearing. [2006 c 320 § 5;
2003 c 111 § 254; 1987 c 288 § 2; 1983 1st ex.s. c 30 § 3.
Formerly RCW 29.10.127.]
29A.08.820
Right to vote
loss of: State Constitution Art. 6 § 3, RCW 11.88.010, 11.88.090.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
(2010 Ed.)
Voting Systems
29A.08.835 County auditor to publish voter challenges on the internet—Ongoing notification requirements. The county auditor shall, within seventy-two hours
of receipt, publish on the auditor’s internet web site the entire
content of any voter challenge filed under chapter 29A.08
RCW. Immediately after publishing any voter challenge, the
county auditor shall notify any person who requests to
receive such notifications on an ongoing basis. [2006 c 320 §
1.]
29A.08.835
29A.12.005
must be dismissed and the pending challenged ballot must be
accepted as valid. Challenged ballots must be resolved
before certification of the election. The decision of the
county auditor or canvassing board is final subject only to
judicial review by the superior court under chapter 34.05
RCW. [2006 c 320 § 6; 2003 c 111 § 256. Prior: 1987 c 288
§ 4; 1983 1st ex.s. c 30 § 5; 1971 ex.s. c 202 § 34; 1967 c 225
§ 3; 1965 ex.s. c 156 § 3. Formerly RCW 29.10.140.]
29A.08.850 Challenge of registration—Forms, availability. The secretary of state must provide forms for voter
registration challenges, and the county auditor must make
such forms available. A challenge is not required to be submitted on the provided voter challenge form, but may be prepared using an official electronic voter challenge form template provided by the auditor or secretary of state that has
been printed and signed by the challenger for submission.
[2006 c 320 § 7; 2003 c 111 § 257; 1991 c 81 § 27; 1971 ex.s.
c 202 § 35; 1965 ex.s. c 156 § 4. Formerly RCW 29.10.150.]
29A.08.850
29A.08.840 County auditor duties—Dismissal of
challenges—Notification—Hearings—Counting or cancellation of ballots. (1) If the challenge is not in proper form
or the factual basis for the challenge does not meet the legal
grounds for a challenge, the county auditor may dismiss the
challenge and notify the challenger of the reasons for the dismissal. A challenge is not in proper form if it is incomplete
on its face or does not substantially comply with the form
issued by the secretary of state.
(2) If the challenge is in proper form and the factual basis
meets the legal grounds for a challenge, the county auditor
must notify the challenged voter and provide a copy of the
affidavit. The county auditor shall also provide to any person, upon request, a copy of all materials provided to the
challenged voter. If the challenge is to the residential address
provided by the voter, the challenged voter must be provided
notice of the exceptions allowed in RCW 29A.08.112 and
29A.04.151, and Article VI, section 4 of the state Constitution. A challenged voter may transfer or reregister until the
day before the election. The county auditor must schedule a
hearing and notify the challenger and the challenged voter of
the time and place for the hearing.
(3) All notice must be by certified mail to the address
provided in the voter registration record, and any other
addresses at which the challenged voter is alleged to reside or
the county auditor reasonably expects the voter to receive
notice. The challenger and challenged voter may either
appear in person or submit testimony by affidavit.
(4) The challenger has the burden to prove by clear and
convincing evidence that the challenged voter’s registration
is improper. The challenged voter must be provided a reasonable opportunity to respond. If the challenge is to the residential address provided by the voter, the challenged voter
may provide evidence that he or she resides at the location
described in his or her voter’s registration records, or meets
one of the exceptions allowed in RCW 29A.08.112 or
29A.04.151, or Article VI, section 4 of the state Constitution.
If either the challenger or challenged voter fails to appear at
the hearing, the challenge must be resolved based on the
available facts.
(5) If the challenge is based on an allegation under RCW
29A.08.810(1) (a), (b), (d), or (e) and the canvassing board
sustains the challenge, the challenged ballot shall not be
counted. If the challenge is based on an allegation under
RCW 29A.08.810(1)(c) and the canvassing board sustains
the challenge, the board shall permit the voter to correct his or
her voter registration and any races and ballot measures on
the challenged ballot that the voter would have been qualified
to vote for had the registration been correct shall be counted.
(6) If the challenger fails to prove by clear and convincing evidence that the registration is improper, the challenge
29A.08.840
(2010 Ed.)
Additional notes found at www.leg.wa.gov
Chapter 29A.12
Chapter 29A.12 RCW
VOTING SYSTEMS
Sections
29A.12.005
29A.12.010
29A.12.020
29A.12.030
29A.12.040
29A.12.050
29A.12.060
29A.12.070
29A.12.080
29A.12.085
29A.12.090
29A.12.101
29A.12.110
29A.12.120
29A.12.130
29A.12.140
29A.12.150
29A.12.160
29A.12.170
"Voting system."
Authority for use.
Inspection and test by secretary of state—Report.
Submitting system or component for examination.
Independent evaluation.
Approval required—Modification.
Maintenance and operation.
Acceptance test.
Requirements for approval.
Paper record.
Single district and precinct.
Requirements of tallying systems for approval.
Record of ballot format—Devices sealed.
Election officials—Instruction, compensation, requirements.
Tallying systems—Programming tests.
Operating procedures.
Recording requirements.
Blind or visually impaired voter accessibility.
Consultation with information services board.
29A.12.005 "Voting system." As used in this chapter,
"voting system" means:
(1) The total combination of mechanical, electromechanical, or electronic equipment including, but not limited to, the
software, firmware, and documentation required to program,
control, and support the equipment, that is used:
(a) To define ballots;
(b) To cast and count votes;
(c) To report or display election results from the voting
system;
(d) To maintain and produce any audit trail information;
and
(2) The practices and associated documentation used:
(a) To identify system components and versions of such
components;
(b) To test the system during its development and maintenance;
(c) To maintain records of system errors and defects;
29A.12.005
[Title 29A RCW—page 27]
29A.12.010
Title 29A RCW: Elections
(d) To determine specific system changes to be made to
a system after the initial qualification of the system; and
(e) To make available any materials to the voter such as
notices, instructions, forms, or paper ballots. [2004 c 267 §
601.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.12.010 Authority for use. At any primary or election in any county, votes may be cast, registered, recorded, or
counted by means of voting systems that have been approved
under RCW 29A.12.020. [2003 c 111 § 301. Prior: 1990 c
59 § 17; 1967 ex.s. c 109 § 12; 1965 c 9 § 29.33.020; prior:
(i) 1913 c 58 § 1, part; RRS § 5300, part. (ii) 1913 c 58 § 18;
RRS § 5318. Formerly RCW 29.33.020.]
29A.12.010
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
111 § 304. Prior: 1990 c 59 § 20; 1982 c 40 § 3. Formerly
RCW 29.33.061.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.12.050 Approval required—Modification. If
voting systems or devices or vote tallying systems are to be
used for conducting a primary or election, only those that
have the approval of the secretary of state or had been
approved under this chapter or the former chapter 29.34
RCW before March 22, 1982, may be used. Any modification, change, or improvement to any voting system or component of a system that does not impair its accuracy, efficiency,
or capacity or extend its function, may be made without reexamination or reapproval by the secretary of state under RCW
29A.12.020. [2003 c 111 § 305; 1990 c 59 § 21; 1982 c 40 §
4. Formerly RCW 29.33.081.]
29A.12.050
29A.12.020 Inspection and test by secretary of
state—Report. The secretary of state shall inspect, evaluate,
and publicly test all voting systems or components of voting
systems that are submitted for review under RCW
29A.12.030. The secretary of state shall determine whether
the voting systems conform with all of the requirements of
this title, the applicable rules adopted in accordance with this
title, and with generally accepted safety requirements. The
secretary of state shall transmit a copy of the report of any
examination under this section, within thirty days after completing the examination, to the county auditor of each county.
[2003 c 111 § 302. Prior: 1990 c 59 § 18; 1982 c 40 § 1. Formerly RCW 29.33.041.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.12.020
Additional notes found at www.leg.wa.gov
29A.12.060 Maintenance and operation. The county
auditor of a county in which voting systems are used is
responsible for the preparation, maintenance, and operation
of those systems and may employ and direct persons to perform some or all of these functions. [2003 c 111 § 306.
Prior: 1990 c 59 s 22; 1965 c 9 § 29.33.130; prior: 1955 c
323 § 2; prior: 1935 c 85 § 1, part; 1919 c 163 § 23, part;
1915 c 114 § 5, part; 1913 c 58 § 10, part; RRS § 5309, part.
Formerly RCW 29.33.130.]
29A.12.060
29A.12.070 Acceptance test. An agreement to purchase or lease a voting system or a component of a voting
system is subject to that system or component passing an
acceptance test sufficient to demonstrate that the equipment
is the same as that certified by the secretary of state and that
the equipment is operating correctly as delivered to the
county. [2003 c 111 § 307. Prior: 1998 c 58 § 1; 1990 c 59
§ 23. Formerly RCW 29.33.145.]
29A.12.070
29A.12.030 Submitting system or component for
examination. The manufacturer or distributor of a voting
system or component of a voting system may submit that system or component to the secretary of state for examination
under RCW 29A.12.020. [2003 c 111 § 303. Prior: 1990 c
59 § 19; 1982 c 40 § 2. Formerly RCW 29.33.051.]
29A.12.030
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.12.080 Requirements for approval. No voting
device shall be approved by the secretary of state unless it:
(1) Secures to the voter secrecy in the act of voting;
(2) Permits the voter to vote for any person for any office
and upon any measure that he or she has the right to vote for;
(3) Permits the voter to vote for all the candidates of one
party;
(4) Correctly registers all votes cast for any and all persons and for or against any and all measures;
(5) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting device or
vote tally system except when voting for president and vice
president of the United States; and
(6) Except for functions or capabilities unique to this
state, has been tested and certified by an independent testing
authority designated by the United States election assistance
29A.12.080
29A.12.040 Independent evaluation. (1) The secretary
of state may rely on the results of independent design, engineering, and performance evaluations in the examination
under RCW 29A.12.020 if the source and scope of these
independent evaluations are specified by rule.
(2) The secretary of state may contract with experts in
mechanical or electrical engineering or data processing to
assist in examining a voting system or component. The manufacturer or distributor who has submitted a voting system
for testing under RCW 29A.12.030 shall pay the secretary of
state a deposit to reimburse the cost of any contract for consultation under this section and for any other unrecoverable
costs associated with the examination of a voting system or
component by the manufacturer or distributor who submitted
the voting system or component for examination. [2003 c
29A.12.040
[Title 29A RCW—page 28]
(2010 Ed.)
Voting Systems
commission. [2006 c 207 § 2; 2003 c 111 § 308. Prior: 1990
c 59 § 26; 1982 c 40 § 6; 1977 ex.s. c 361 § 66; 1971 ex.s. c
6 § 1; 1967 ex.s. c 109 § 18. Formerly RCW 29.33.300,
29.34.080.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Voting devices, machines—Recording requirements: RCW 29A.12.150.
Additional notes found at www.leg.wa.gov
29A.12.085 Paper record. Beginning on January 1,
2006, all electronic voting devices must produce a paper
record of each vote that may be accepted or rejected by the
voter before finalizing his or her vote. This record may not
be removed from the polling place, and must be human readable without an interface and machine readable for counting
purposes. If the device is programmed to display the ballot in
multiple languages, the paper record produced must be
printed in the language used by the voter. Rejected records
must either be destroyed or marked in order to clearly identify the record as rejected. [2005 c 242 § 1.]
29A.12.130
29A.12.110 Record of ballot format—Devices sealed.
In preparing a voting device for a primary or election, a
record shall be made of the ballot format installed in each
device and the precinct or portion of a precinct for which that
device has been prepared. Except where provided by a rule
adopted under *RCW 29A.04.610, after being prepared for a
primary or election, each device shall be sealed with a
uniquely numbered seal and provided to the inspector of the
appropriate polling place. [2003 c 111 § 311; 1990 c 59 § 25.
Formerly RCW 29.33.330.]
29A.12.110
29A.12.085
Preservation: RCW 29A.44.045, 29A.60.095.
Unauthorized removal from polling place: RCW 29A.84.545.
29A.12.090 Single district and precinct. The ballot on
a single voting device shall not contain the names of candidates for the offices of United States representative, state senator, state representative, county council, or county commissioner in more than one district. In all general elections, primaries, and special elections, in each polling place the voting
devices containing ballots for candidates from each congressional, legislative, or county council or commissioner district
shall be grouped together and physically separated from
those devices containing ballots for other districts. Each
voter shall be directed by the precinct election officers to the
correct group of voting devices. [2003 c 111 § 309. Prior:
1990 c 59 § 27; 1989 c 155 § 1; 1987 c 295 § 8; 1983 c 143 §
1. Formerly RCW 29.33.310, 29.34.085.]
29A.12.090
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.12.101
29A.12.101 Requirements of tallying systems for
approval. The secretary of state shall not approve a vote tallying system unless it:
(1) Correctly counts votes on ballots on which the proper
number of votes have been marked for any office or issue;
(2) Ignores votes marked for any office or issue where
more than the allowable number of votes have been marked,
but correctly counts the properly voted portions of the ballot;
(3) Accumulates a count of the specific number of ballots tallied for each precinct, total votes by candidate for each
office, and total votes for and against each issue of the ballot
in that precinct;
(4) Produces precinct and cumulative totals in printed
form; and
(5) Except for functions or capabilities unique to this
state, has been tested and certified by an independent testing
authority designated by the United States election assistance
commission. [2006 c 207 § 3; 2004 c 271 § 109.]
(2010 Ed.)
*Reviser’s note: RCW 29A.04.610 was amended by 2004 c 267 § 702
and repealed by 2004 c 271 § 193. RCW 29A.04.610 was subsequently
repealed by 2006 c 206 § 9. Later enactment, see RCW 29A.04.611.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.12.120 Election officials—Instruction, compensation, requirements. (1) Before each state primary or general election at which voting systems are to be used, the
county auditor shall instruct all precinct election officers
appointed under RCW 29A.44.410, counting center personnel, and political party observers designated under RCW
29A.60.170 in the proper conduct of their duties.
(2) The county auditor may waive instructional requirements for precinct election officers, counting center personnel, and political party observers who have previously
received instruction and who have served for a sufficient
length of time to be fully qualified to perform their duties.
The county auditor shall keep a record of each person who
has received instruction and is qualified to serve at the subsequent primary or election.
(3) As compensation for the time spent in receiving
instruction, each precinct election officer who qualifies and
serves at the subsequent primary or election shall receive an
additional two hours compensation, to be paid at the same
time and in the same manner as compensation is paid for services on the day of the primary or election.
(4) Except for the appointment of a precinct election
officer to fill a vacancy under RCW 29A.44.440, no inspector
or judge may serve at any primary or election at which voting
systems are used unless he or she has received the required
instruction and is qualified to perform his or her duties in
connection with the voting devices. No person may work in
a counting center at a primary or election at which a vote tallying system is used unless that person has received the
required instruction and is qualified to perform his or her
duties in connection with the handling and tallying of ballots
for that primary or election. No person may serve as a political party observer unless that person has received the
required instruction and is familiar with the operation of the
counting center and the vote tallying system and the procedures to be employed to verify the accuracy of the programming for that vote tallying system. [2003 c 111 § 312. Prior:
1990 c 59 § 29; 1977 ex.s. c 361 § 69. Formerly RCW
29.33.340, 29.34.143.]
29A.12.120
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.12.130 Tallying systems—Programming tests.
At least three days before each state primary or general elec29A.12.130
[Title 29A RCW—page 29]
29A.12.140
Title 29A RCW: Elections
tion, the office of the secretary of state shall provide for the
conduct of tests of the programming for each vote tallying
system to be used at that primary or general election. The test
must verify that the system will correctly count the vote cast
for all candidates and on all measures appearing on the ballot
at that primary or general election. The test shall verify the
capability of the vote tallying system to perform all of the
functions that can reasonably be expected to occur during
conduct of that particular primary or election. If any error is
detected, the cause shall be determined and corrected, and an
errorless total shall be produced before the primary or election.
Such tests shall be observed by at least one representative from each major political party, if representatives have
been appointed by the respective major political parties and
are present at the test, and shall be open to candidates, the
press, and the public. The county auditor and any political
party observers shall certify that the test has been conducted
in accordance with this section. Copies of this certification
shall be retained by the secretary of state and the county auditor. All programming materials, test results, and test ballots
shall be securely sealed until the day of the primary or general election. [2003 c 111 § 313; 1998 c 58 § 2; 1990 c 59 §
32; 1977 ex.s. c 361 § 73. Formerly RCW 29.33.350,
29.34.163.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.12.140
29A.12.140 Operating procedures. The secretary of
state may publish recommended procedures for the operation
of the various vote tallying systems that have been approved.
These procedures allow the office of the secretary of state to
restrict or define the use of approved systems in elections.
[2003 c 111 § 314. Prior: 1998 c 58 § 3; 1990 c 59 § 34; 1977
ex.s. c 361 § 75; 1967 ex.s. c 109 § 32. Formerly RCW
29.33.360, 29.34.170.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.12.150
29A.12.150 Recording requirements. (1) No voting
device or machine may be used in a county with a population
of seventy thousand or more to conduct a primary or general
or special election in this state unless it correctly records on a
separate ballot the votes cast by each elector for any person
and for or against any measure and such separate ballots are
available for audit purposes after such a primary or election.
(2) The secretary of state shall not certify under this title
any voting device or machine for use in conducting a primary
or general or special election in this state unless the device or
machine correctly records on a separate ballot the votes cast
by each elector for any person and for or against any measure
and such separate ballots are available for audit purposes
after such a primary or election. [2003 c 111 § 315; 1998 c
245 § 26; 1991 c 363 § 30; 1990 c 184 § 1. Formerly RCW
29.04.200.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[Title 29A RCW—page 30]
29A.12.160 Blind or visually impaired voter accessibility. (1) At each polling location, at least one voting unit
certified by the secretary of state shall provide access to individuals who are blind or visually impaired.
(2) Compliance with this provision in regard to voting
technology and systems purchased prior to July 27, 2003,
shall be achieved at the time of procurement of an upgrade of
technology compatible with nonvisual voting methods or
replacement of existing voting equipment or systems.
(3) Compliance with subsection (2) of this section is contingent on available funds to implement this provision.
(4) For purposes of this section, the following definitions
apply:
(a) "Accessible" includes receiving, using, selecting, and
manipulating voter data and controls.
(b) "Nonvisual" includes synthesized speech, Braille,
and other output methods.
(c) "Blind and visually impaired" excludes persons who
are both deaf and blind.
(5) This section does not apply to voting by absentee ballot. [2004 c 267 § 701; 2004 c 266 § 3. Prior: 2003 c 110 §
1. Formerly RCW 29.33.305.]
29A.12.160
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Effective date—2004 c 266: See note following RCW 29A.04.575.
29A.12.170 Consultation with information services
board. In developing technical standards for voting technology and systems to be accessible for individuals with disabilities, the secretary shall consult with the information services
board. The board shall review and make recommendations
regarding proposed technical standards prior to implementation. [2004 c 267 § 321.]
29A.12.170
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Chapter 29A.16
Chapter 29A.16 RCW
PRECINCT AND POLLING PLACE
DETERMINATION AND ACCESSIBILITY
Sections
29A.16.010
29A.16.020
29A.16.030
29A.16.040
29A.16.050
29A.16.060
29A.16.110
29A.16.120
29A.16.130
29A.16.140
29A.16.150
29A.16.160
29A.16.170
Intent—Duties of county auditors.
Alternative polling places or procedures.
Costs for modifications—Alternatives—Election costs.
Precincts—Number of voters—Dividing, altering, or combining—Creating new precincts.
Precincts—Restrictions on precinct boundaries—Designated by number.
Combining or dividing precincts, election boards.
Polling place—May be located outside precinct.
Polling place—Use of county, municipality, or special district facilities.
Public buildings as polling places.
Inaccessible polling places—Auditors’ list.
Polling places—Accessibility required, exceptions.
Review by and recommendations of disabled voters.
County auditors—Notice of accessibility.
29A.16.010 Intent—Duties of county auditors. The
intent of this chapter is to require state and local election officials to designate and use polling places and disability access
voting locations in all elections and permanent registration
locations which are accessible to elderly and disabled persons. County auditors shall:
29A.16.010
(2010 Ed.)
Precinct and Polling Place Determination and Accessibility
(1) Make modifications such as installation of temporary
ramps or relocation of polling places within buildings, where
appropriate;
(2) Designate new, accessible polling places to replace
those that are inaccessible; and
(3) Continue to use polling places and voter registration
locations which are accessible to elderly and disabled persons. [2004 c 267 § 315; 2003 c 111 § 401; 1999 c 298 § 13;
1985 c 205 § 1; 1979 ex.s. c 64 § 1. Formerly RCW
29.57.010.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.16.020 Alternative polling places or procedures.
The secretary of state shall establish procedures to assure
that, in any primary or election, any disabled or elderly voter
assigned to an inaccessible polling place will, upon advance
request of that voter, either be permitted to vote at an alternative accessible polling place not overly inconvenient to that
voter or be provided with an alternative means of casting a
ballot on the day of the primary or election. The county auditor shall make any accommodations in voting procedures
necessary to allow the use of alternative polling places by
elderly or disabled voters under this section. [2003 c 111 §
402; 1999 c 298 § 15; 1985 c 205 § 5. Formerly RCW
29.57.090.]
29A.16.020
Additional notes found at www.leg.wa.gov
29A.16.030 Costs for modifications—Alternatives—
Election costs. (1) County auditors shall seek alternative
polling places or other low-cost alternatives including, but
not limited to, procedural changes and assistance from local
disabled groups, service organizations, and other private
sources before incurring costs for modifications under this
chapter.
(2) The cost of those modifications to buildings or other
facilities, including signs designating disabled accessible
parking and entrances, that are necessary to permit the use of
those facilities for polling places under this chapter or any
procedures established under RCW 29A.16.020 shall be
tr eated as election costs and p rorated under RCW
29A.04.410. [2003 c 111 § 403; 1999 c 298 § 20; 1985 c 205
§ 12. Formerly RCW 29.57.160.]
29A.16.030
Additional notes found at www.leg.wa.gov
29A.16.050
(2) The county legislative authority may establish by
ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The
limitation may be different for precincts based upon the
method of voting used for such precincts and the number may
be less than the number established by law, but in no case
may the number exceed that authorized by law.
(3) Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred
active registered voters. The number of poll-site ballot
counting devices at each polling place is at the discretion of
the auditor. The number of devices must be adequate to meet
the expected voter turnout.
(4) On petition of twenty-five or more voters resident
more than ten miles from any polling site, the county legislative authority shall establish a separate voting precinct therefor.
(5) The county auditor shall temporarily adjust precinct
boundaries when a city or town annexes unincorporated territory to the city or town, or whenever unincorporated territory
is incorporated as a city or town. The adjustment must be
made as soon as possible after the approval of the annexation
or incorporation. The temporary adjustment must be limited
to the minimum changes necessary to accommodate the addition of the territory to the city or town, or to establish the eligible voters within the boundaries of the new city or town,
and remains in effect only until precinct boundary modifications reflecting the annexation or incorporation are adopted
by the county legislative authority.
(6) In determining the number of active registered voters
for the purposes of this section, persons who are ongoing
absentee voters under RCW 29A.40.040 shall not be counted.
Nothing in this subsection may be construed as altering the
vote tallying requirements of RCW 29A.60.230. [2004 c 266
§ 10; 2003 c 111 § 404; 1999 c 158 § 3; 1994 c 57 § 3; 1986
c 167 § 2; 1980 c 107 § 3. Prior: 1977 ex.s. c 361 § 4; 1977
ex.s. c 128 § 1; 1975-’76 2nd ex.s. c 129 § 3; 1967 ex.s. c 109
§ 1; 1965 c 9 § 29.04.040; prior: (i) 1921 c 178 § 1, part;
1915 c 11 § 1, part; 1907 c 130 § 1, part; 1889 p 402 § 7, part;
Code 1881 § 3067, part; 1865 p 30 § 1, part; RRS § 5171,
part. (ii) 1907 c 130 § 2, part; 1889 p 408 § 21, part; RRS §
5278, part. (iii) Code 1881 § 2679; 1854 p 65 § 4, part; No
RRS. Formerly RCW 29.04.040.]
Effective date—2004 c 266: See note following RCW 29A.04.575.
"Precinct" defined: RCW 29A.04.121.
29A.16.040 Precincts—Number of voters—Dividing,
altering, or combining—Creating new precincts. The
county legislative authority of each county in the state hereafter formed shall, at their first session, divide their respective counties into election precincts and establish the boundaries of the precincts. The county auditor shall thereupon
designate the voting place for each such precinct or whether
the precinct is a vote by mail precinct.
(1) Precinct boundaries may be altered at any time as
long as sufficient time exists prior to a given election for the
necessary procedural steps to be honored. Except as permitted under subsection (5) of this section, no precinct boundaries may be changed during the period starting on the thirtieth day prior to the first day for candidates to file for the primary election and ending with the day of the general election.
29A.16.040
(2010 Ed.)
Additional notes found at www.leg.wa.gov
29A.16.050 Precincts—Restrictions on precinct
boundaries—Designated by number. (1) Every voting precinct must be wholly within a single congressional district, a
single legislative district, a single district of a county legislative authority, and, if applicable, a single city.
(2) Every voting precinct shall be composed, as nearly as
practicable, of contiguous and compact areas.
(3) Except as provided in this subsection, changes to the
boundaries of any precinct shall follow visible, physical features delineated on the most current maps provided by the
United States census bureau. A change need not follow such
visible, physical features if (a) it is necessitated by an annexation or incorporation and the proposed precinct boundary is
29A.16.050
[Title 29A RCW—page 31]
29A.16.060
Title 29A RCW: Elections
identical to an exterior boundary of the annexed or incorporated area which does not follow a visible, physical feature;
or (b) doing so would substantially impair election administration in the involved area.
(4) After a change to precinct boundaries is adopted by
the county legislative authority, if the change does not follow
visible physical features, the county auditor shall send to the
secretary of state an electronic or paper copy of the description, a map or maps of the changes, and a statement of the
applicable exception under subsection (3) of this section. For
boundary changes made pursuant to subsection (3)(b) of this
section, the auditor shall include a statement of the reasons
why following visible, physical features would have substantially impaired election administration.
(5) Every voting precinct within each county shall be
designated by number for the purpose of preparation of maps
and the tabulation of population for apportionment purposes.
These precincts may be identified with names or other numbers for other election purposes.
(6) After a change to precinct boundaries in a city or
town, the county auditor shall send one copy of the map or
maps delineating the new precinct boundaries within that city
or town to the city or town clerk.
(7) Precinct maps are public records and shall be available for inspection by the public during normal office hours
in the offices where they are kept. Copies shall be made
available to the public for a fee necessary to cover the cost of
reproduction. [2003 c 111 § 405; 1999 c 298 § 1; 1989 c 278
§ 1; 1977 ex.s. c 128 § 2; 1965 c 9 § 29.04.050. Prior: 1921
c 178 § 1, part; 1915 c 11 § 1, part; 1907 c 130 § 1, part; 1889
p 402 § 7, part; Code 1881 § 3067, part; 1865 p 30 § 1, part;
RRS § 5171, part. Formerly RCW 29.04.050.]
Additional notes found at www.leg.wa.gov
29A.16.060
29A.16.060 Combining or dividing precincts, election boards. At any special election or primary, the county
auditor may combine, unite, or divide precincts and may
combine or unite election boards for the purpose of holding
such election. At any general election, the county auditor
may combine or unite election boards for the purpose of holding such election, but shall report all election returns by individual precinct. [2003 c 111 § 406. Prior: 2001 c 241 § 22;
1986 c 167 § 3; 1977 ex.s. c 361 § 5; 1974 ex.s. c 127 § 1;
1965 c 9 § 29.04.055; prior: 1963 c 200 § 22; 1951 c 70 § 1.
Formerly RCW 29.04.055.]
Additional notes found at www.leg.wa.gov
29A.16.120 Polling place—Use of county, municipality, or special district facilities. The legislative authority of
each county, municipality, and special district shall, at the
request of the county auditor, make their facilities available
for use as polling places for primaries, special elections, and
state general elections held within that county. When, in the
judgment of the county auditor, a facility of a county, municipality, or special district would provide a location for a polling place that would best satisfy the requirements of this
chapter, he or she shall notify the legislative authority of that
county, municipality, or district of the number of facilities
needed for use as polling places. Payment for polling places
and any other conditions or obligations regarding these polling places shall be provided for by contract between the
county auditor and the county, municipality, or district.
[2003 c 111 § 408. Prior: 1985 c 205 § 14; 1965 c 9 §
29.48.007; prior: 1955 c 201 § 1. Formerly RCW
29.48.007.]
29A.16.120
Additional notes found at www.leg.wa.gov
29A.16.130 Public buildings as polling places. Each
state agency and entity of local government shall permit the
use of any of its buildings and the most suitable locations
therein as polling places or disability access voting locations
when required by a county auditor to provide accessible
places in each precinct. [2004 c 267 § 316; 2003 c 111 § 409.
Prior: 1979 ex.s. c 64 § 4. Formerly RCW 29.57.040.]
29A.16.130
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.16.140 Inaccessible polling places—Auditors’
list. No later than April 1st of each even-numbered year,
each county auditor shall submit to the secretary of state a list
showing the number of polling places in the county and specifying any that have been found inaccessible. The auditor
shall indicate the reasons for inaccessibility, and what efforts
have been made pursuant to this chapter to locate alternative
polling places or to make the existing facilities temporarily
accessible.
If a county auditor’s list shows, for two consecutive
reporting periods, that no polling places have been found
inaccessible, the auditor need not submit further reports
unless the secretary of state specifically reinstates the
requirement for that county. Notice of reinstatement must be
in writing and delivered at least sixty days before the reporting date. [2003 c 111 § 410. Prior: 1999 c 298 § 14; 1985 c
205 § 3. Formerly RCW 29.57.070.]
29A.16.140
Additional notes found at www.leg.wa.gov
29A.16.110
29A.16.110 Polling place—May be located outside
precinct. Polling places for the various voting precincts may
be located outside the boundaries of the respective precincts,
when the officers conducting the primary or election shall
deem it feasible. However, such polling places must be
located within a reasonable distance of their respective precincts. The purpose of this section is to furnish adequate voting facilities at readily accessible and identifiable locations,
and nothing in this section affects the number, method of
selection, or duties of precinct election officers. [2003 c 111
§ 407; 1965 c 9 § 29.48.005. Prior: 1951 c 123 § 1. Formerly RCW 29.48.005.]
[Title 29A RCW—page 32]
29A.16.150 Polling places—Accessibility required,
exceptions. Each polling place must be accessible unless:
(1) The county auditor has determined that it is inaccessible, that no alternative accessible polling place is available,
that no temporary modification of that polling place or any
alternative polling place is possible, and that the county auditor has complied with the procedures established under RCW
29A.16.020; or
(2) The secretary of state determines that a state of emergency exists that would otherwise interfere with the efficient
administration of the primary or election. [2003 c 111 § 411.
29A.16.150
(2010 Ed.)
Qualifications, Terms, and Requirements for Elective Offices
Prior: 1999 c 298 § 16; 1985 c 205 § 6. Formerly RCW
29.57.100.]
Additional notes found at www.leg.wa.gov
29A.16.160 Review by and recommendations of disabled voters. County auditors shall, as feasible, solicit and
use the assistance of disabled voters in reviewing sites and
recommending inexpensive remedies to improve accessibility. [2003 c 111 § 412. Prior: 1979 ex.s. c 64 § 5. Formerly
RCW 29.57.050.]
29A.16.160
29A.16.170 County auditors—Notice of accessibility.
Each county auditor shall include a notice of the accessibility
of polling places in the notice of election published under
*RCW 29A.52.310 and 29A.52.350. [2003 c 111 § 413.
Prior: 1999 c 298 § 19; 1985 c 205 § 11. Formerly RCW
29.57.150.]
29A.16.170
*Reviser’s note: RCW 29A.52.310 and 29A.52.350 were repealed by
2004 c 271 § 193. Later enactment, see RCW 29A.52.311 and 29A.52.351.
Additional notes found at www.leg.wa.gov
Chapter 29A.20 RCW
QUALIFICATIONS, TERMS, AND REQUIREMENTS
FOR ELECTIVE OFFICES
Chapter 29A.20
Sections
GENERAL
29A.20.010
29A.20.021
29A.20.030
29A.20.040
Preservation of declarations of candidacy.
Qualifications for filing, appearance on ballot.
Local officers, beginning of terms—Organization of district
boards of directors.
Local elected officials, commencement of term of office—
Purpose.
MINOR PARTY AND INDEPENDENT CANDIDATE NOMINATIONS
29A.20.111
29A.20.121
29A.20.131
29A.20.141
29A.20.151
29A.20.161
29A.20.171
29A.20.181
29A.20.191
29A.20.201
Definitions—"Convention" and "election jurisdiction."
Nomination by convention or write-in—Dates—Special filing period.
Convention—Notice.
Convention—Requirements for validity.
Nominating petition—Requirements.
Certificate of nomination—Requisites.
Multiple certificates of nomination.
Presidential electors—Selection at convention.
Certificate of nomination—Checking signatures—Appeal
of determination.
Declarations of candidacy required, exceptions—Payment
of fees.
GENERAL
29A.20.040
possess the qualifications specified by law for persons who
may be elected to the office.
(2) Excluding the office of precinct committee officer or
a temporary elected position such as a charter review board
member or freeholder, no person may file for more than one
office.
(3) The name of a candidate for an office shall not appear
on a ballot for that office unless, except as provided in RCW
*3.46.067 and 3.50.057, the candidate is, at the time the candidate’s declaration of candidacy is filed, properly registered
to vote in the geographic area represented by the office. For
the purposes of this section, each geographic area in which
registered voters may cast ballots for an office is represented
by that office. If a person elected to an office must be nominated from a district or similar division of the geographic area
represented by the office, the name of a candidate for the
office shall not appear on a primary ballot for that office
unless the candidate is, at the time the candidate’s declaration
of candidacy is filed, properly registered to vote in that district or division. The officer with whom declarations of candidacy must be filed under this title shall review each such
declaration filed regarding compliance with this subsection.
(4) The requirements of voter registration and residence
within the geographic area of a district do not apply to candidates for congressional office. Qualifications for the United
States congress are specified in the United States Constitution. [2004 c 271 § 153.]
*Reviser’s note: RCW 3.46.067 was repealed by 2008 c 227 § 12,
effective July 1, 2008.
29A.20.030 Local officers, beginning of terms—
Organization of district boards of directors. The term of
every city, town, and district officer elected to office on the
first Tuesday following the first Monday in November of the
odd-numbered years begins in accordance with RCW
29A.20.040. However, a person elected to less than a full
term shall assume office as soon as the election returns have
been certified and he or she is qualified in accordance with
RCW 29A.04.133.
Each board of directors of every district shall be organized at the first meeting held after one or more newly elected
directors take office. [2003 c 111 § 503; 1979 ex.s. c 126 §
14; 1965 c 123 § 6; 1965 c 9 § 29.13.050. Prior: 1963 c 200
§ 8; 1959 c 86 § 1; prior: 1951 c 257 § 6. (i) 1949 c 161 § 9;
Rem. Supp. 1949 § 5146-1. (ii) 1949 c 163 § 1; 1921 c 61 §
4; Rem. Supp. 1949 § 5146. Formerly RCW 29.13.050.]
29A.20.030
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
29A.20.010 Preservation of declarations of candidacy. The secretary of state and each county auditor shall
preserve all declarations of candidacy filed in their respective
offices for six months. All declarations of candidacy must be
open to public inspection. [2003 c 111 § 501; 1965 c 9 §
29.27.090. Prior: 1921 c 178 § 1, part; 1915 c 11 § 1, part;
1907 c 130 § 1, part; 1889 p 402 § 7, part; Code 1881 § 3067,
part; 1865 p 30 § 1, part; RRS § 5171, part. Formerly RCW
29.27.090.]
29A.20.010
29A.20.021 Qualifications for filing, appearance on
ballot. (1) A person filing a declaration of candidacy for an
office shall, at the time of filing, be a registered voter and
29A.20.021
(2010 Ed.)
29A.20.040 Local elected officials, commencement of
term of office—Purpose. (1) The legislature finds that certain laws are in conflict governing the assumption of office of
various local officials. The purpose of this section is to provide a common date for the assumption of office for all the
elected officials of counties, cities, towns, and special purpose districts other than school districts where the ownership
of property is not a prerequisite of voting. A person elected
to the office of school director begins his or her term of office
at the first official meeting of the board of directors after certification of the election results. It is also the purpose of this
section to remove these conflicts and delete old statutory lan29A.20.040
[Title 29A RCW—page 33]
29A.20.111
Title 29A RCW: Elections
guage concerning such elections which is no longer necessary.
(2) For elective offices of counties, cities, towns, and
special purpose districts other than school districts where the
ownership of property is not a prerequisite of voting, the term
of incumbents ends and the term of successors begins after
the successor is elected and qualified, and the term commences immediately after December 31st following the election, except as follows:
(a) Where the term of office varies from this standard
according to statute; and
(b) If the election results have not been certified prior to
January 1st after the election, in which event the time of commencement for the new term occurs when the successor
becomes qualified in accordance with RCW 29A.04.133.
(3) For elective offices governed by this section, the oath
of office must be taken as the last step of qualification as
defined in RCW 29A.04.133 but may be taken either:
(a) Up to ten days prior to the scheduled date of assuming office; or
(b) At the last regular meeting of the governing body of
the applicable county, city, town, or special district held
before the winner is to assume office. [2003 c 111 § 504;
1999 c 298 § 3; 1980 c 35 § 7; 1979 ex.s. c 126 § 1. Formerly
RCW 29.04.170.]
Additional notes found at www.leg.wa.gov
MINOR PARTY AND INDEPENDENT
CANDIDATE NOMINATIONS
29A.20.111 Definitions—"Convention" and "election jurisdiction." A "convention" for the purposes of this
chapter, is an organized assemblage of registered voters representing an independent candidate or candidates or a new or
minor political party, organization, or principle. As used in
this chapter, the term "election jurisdiction" shall mean the
state or any political subdivision or jurisdiction of the state
from which partisan officials are elected. This term shall
include county commissioner districts or council districts for
members of a county legislative authority, counties for
county officials who are nominated and elected on a countywide basis, legislative districts for members of the legislature, congressional districts for members of Congress, and
the state for president and vice president, members of the
United States senate, and state officials who are elected on a
statewide basis. [2004 c 271 § 188.]
29A.20.111
29A.20.121 Nomination by convention or write-in—
Dates—Special filing period. (1) Any nomination of a candidate for partisan public office by other than a major political party may be made only: (a) In a convention held not earlier than the first Saturday in May and not later than the second Saturday in May or during any of the seven days
immediately preceding the first day for filing declarations of
candidacy as fixed in accordance with RCW 29A.28.041; (b)
as provided by RCW 29A.60.021; or (c) as otherwise provided in this section. Minor political party and independent
candidates may appear only on the general election ballot.
(2) Nominations of candidates for president and vice
president of the United States other than by a major political
29A.20.121
[Title 29A RCW—page 34]
party may be made either at a convention conducted under
subsection (1) of this section, or at a similar convention taking place not earlier than the first Saturday in June and not
later than the fourth Saturday in July. Conventions held during this time period may not nominate candidates for any
public office other than president and vice president of the
United States, except as provided in subsection (3) of this
section.
(3) If a special filing period for a partisan office is
opened under RCW 29A.24.211, candidates of minor political parties and independent candidates may file for office
during that special filing period. The names of those candidates may not appear on the general election ballot unless
they are nominated by convention held no later than five days
after the close of the special filing period and a certificate of
nomination is filed with the filing officer no later than three
days after the convention. The requirements of RCW
29A.20.131 do not apply to such a convention.
(4) A minor political party may hold more than one convention but in no case shall any such party nominate more
than one candidate for any one partisan public office or position. For the purpose of nominating candidates for the offices
of president and vice president, United States senator, United
States representative, or a statewide office, a minor party or
independent candidate holding multiple conventions may add
together the number of signatures of different individuals
from each convention obtained in support of the candidate or
candidates in order to obtain the number required by RCW
29A.20.141. For all other offices for which nominations are
made, signatures of the requisite number of registered voters
must be obtained at a single convention. [2006 c 344 § 4;
2004 c 271 § 110.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.20.131
29A.20.131 Convention—Notice. Each minor party or
independent candidate must publish a notice in a newspaper
of general circulation within the county in which the party or
the candidate intends to hold a convention. The notice must
appear at least ten days before the convention is to be held,
and shall state the date, time, and place of the convention.
Additionally, it shall include the mailing address of the person or organization sponsoring the convention. [2004 c 271
§ 189.]
29A.20.141
29A.20.141 Convention—Requirements for validity.
(1) To be valid, a convention must be attended by at least one
hundred registered voters.
(2) In order to nominate candidates for the offices of
president and vice president of the United States, United
States senator, United States representative, or any statewide
office, a nominating convention shall obtain and submit to
the filing officer the signatures of at least one thousand registered voters of the state of Washington. In order to nominate
candidates for any other office, a nominating convention
shall obtain and submit to the filing officer the signatures of
one hundred persons who are registered to vote in the jurisdiction of the office for which the nominations are made.
[2004 c 271 § 111.]
(2010 Ed.)
Qualifications, Terms, and Requirements for Elective Offices
29A.20.151 Nominating petition—Requirements. A
nominating petition submitted under this chapter shall clearly
identify the name of the minor party or independent candidate convention as it appears on the certificate of nomination
as required by RCW 29A.20.161(3). The petition shall also
contain a statement that the person signing the petition is a
registered voter of the state of Washington and shall have a
space for the voter to sign his or her name and to print his or
her name and address. No person may sign more than one
nominating petition under this chapter for an office for an
election. [2004 c 271 § 112.]
29A.20.151
29A.20.161 Certificate of nomination—Requisites.
A certificate evidencing nominations made at a convention
must:
(1) Be in writing;
(2) Contain the name of each person nominated, his or
her residence, and the office for which he or she is named,
and if the nomination is for the offices of president and vice
president of the United States, a sworn statement from both
nominees giving their consent to the nomination;
(3) Identify the minor political party or the independent
candidate on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and
secretary;
(5) Be accompanied by a nominating petition or petitions
bearing the signatures and addresses of registered voters
equal in number to that required by RCW 29A.20.141;
(6) Contain proof of publication of the notice of calling
the convention; and
(7) Be submitted to the appropriate filing officer not later
than one week following the adjournment of the convention
at which the nominations were made. If the nominations are
made only for offices whose jurisdiction is entirely within
one county, the certificate and nominating petitions must be
filed with the county auditor. If a minor party or independent
candidate convention nominates any candidates for offices
whose jurisdiction encompasses more than one county, all
nominating petitions and the convention certificates must be
filed with the secretary of state. [2004 c 271 § 154.]
29A.20.161
29A.20.171 Multiple certificates of nomination. (1) If
two or more valid certificates of nomination are filed purporting to nominate different candidates for the same position
using the same party name, the filing officer must give effect
to both certificates. If conflicting claims to the party name
are not resolved either by mutual agreement or by a judicial
determination of the right to the name, the candidates must be
treated as independent candidates. Disputes over the right to
the name must not be permitted to delay the printing of either
ballots or a voters’ pamphlet. Other candidates nominated by
the same conventions may continue to use the partisan affiliation unless a court of competent jurisdiction directs otherwise.
(2) A person affected may petition the superior court of
the county in which the filing officer is located for a judicial
determination of the right to the name of a minor political
party, either before or after documents are filed with the filing officer. The court shall resolve the conflict between competing claims to the use of the same party name according to
the following principles: (a) The prior established public use
29A.20.171
(2010 Ed.)
29A.20.201
of the name during previous elections by a party composed of
or led by the same individuals or individuals in documented
succession; (b) prior established public use of the name earlier in the same election cycle; (c) the nomination of a more
complete slate of candidates for a number of offices or in a
number of different regions of the state; (d) documented affiliation with a national or statewide party organization with an
established use of the name; (e) the first date of filing of a certificate of nomination; and (f) such other indicia of an established right to use of the name as the court may deem relevant. If more than one filing officer is involved, and one of
them is the secretary of state, the petition must be filed in the
superior court for Thurston county. Upon resolving the conflict between competing claims, the court may also address
any ballot designation for the candidate who does not prevail.
[2004 c 271 § 155.]
29A.20.181
29A.20.181 Presidential electors—Selection at convention. A minor political party or independent candidate
convention nominating candidates for the offices of president
and vice president of the United States shall, not later than ten
days after the adjournment of the convention, submit a list of
presidential electors to the office of the secretary of state.
The list shall contain the names and the mailing addresses of
the persons selected and shall be verified by the presiding
officer of the convention. [2004 c 271 § 156.]
29A.20.191
29A.20.191 Certificate of nomination—Checking
signatures—Appeal of determination. Upon the receipt of
the certificate of nomination, the officer with whom it is filed
shall check the certificate and canvass the signatures on the
accompanying nominating petitions to determine if the
requirements of RCW 29A.20.141 have been met. Once the
determination has been made, the filing officer shall notify
the presiding officer of the convention and any other persons
requesting the notification, of his or her decision regarding
the sufficiency of the certificate or the nominating petitions.
Any appeal regarding the filing officer’s determination must
be filed with the superior court of the county in which the certificate or petitions were filed not later than five days from
the date the determination is made, and shall be heard and
finally disposed of by the court within five days of the filing.
Nominating petitions shall not be available for public inspection or copying. [2004 c 271 § 157.]
29A.20.201
29A.20.201 Declarations of candidacy required,
exceptions—Payment of fees. Not later than the Friday
immediately preceding the first day for candidates to file, the
secretary of state shall notify the county auditors of the names
and designations of all minor party and independent candidates who have filed valid convention certificates and nominating petitions with that office. Except for the offices of
president and vice president, persons nominated under this
chapter shall file declarations of candidacy as provided by
RCW 29A.24.031 and 29A.24.070. The name of a candidate
nominated at a convention shall not be printed upon the general election ballot unless he or she pays the fee required by
law to be paid by candidates for the same office to be nominated at a primary. [2004 c 271 § 113.]
[Title 29A RCW—page 35]
Chapter 29A.24
Chapter 29A.24
Title 29A RCW: Elections
Chapter 29A.24 RCW
FILING FOR OFFICE
Sections
GENERAL
29A.24.010
29A.24.020
29A.24.030
29A.24.031
29A.24.040
29A.24.050
29A.24.060
29A.24.070
29A.24.081
29A.24.091
29A.24.101
29A.24.111
29A.24.120
29A.24.131
29A.24.141
29A.24.151
29A.24.161
29A.24.171
29A.24.181
29A.24.191
29A.24.201
29A.24.210
29A.24.211
29A.24.220
Officials to designate position numbers, when—Effect.
Designation of short terms, full terms, and unexpired
terms—Filing declarations—Election to both short and
full terms.
Declaration of candidacy.
Declaration of candidacy.
Declaration of candidacy—Electronic filing.
Declaration of candidacy—Certain offices, when filed.
Candidates’ names—Nicknames.
Declaration of candidacy—Where filed—Copy to public
disclosure commission.
Declaration—Filing by mail.
Declaration—Fees and petitions.
Filing fee petition—Form.
Petitions—Rejection—Acceptance, canvass of signatures—Judicial review.
Date for withdrawal—Notice.
Withdrawal of candidacy.
Void in candidacy—Exception.
Notice of void in candidacy.
Filings to fill void in candidacy—How made.
Reopening of filing—Before eleventh Tuesday before primary.
Reopening of filing—Before eleventh Tuesday before general election.
Scheduled election lapses, when.
Lapse of election when no filing for single positions—
Effect.
Vacancy in partisan elective office—Special filing period.
Vacancy in partisan elective office—Special filing period.
Void in candidacy for water-sewer districts—Fewer than
one hundred residents.
WRITE-IN CANDIDATES
29A.24.311
29A.24.320
Write-in voting—Candidates, declaration.
Write-in candidates—Notice to auditors, ballot counters.
GENERAL
29A.24.010 Officials to designate position numbers,
when—Effect. Not less than thirty days before the first day
for filing declarations of candidacy under RCW 29A.24.050
for legislative, judicial, county, city, town, or district office,
where more than one position with the same name, district
number, or title will be voted upon at the succeeding election,
the filing officer shall designate the positions to be filled by
number.
The positions so designated shall be dealt with as separate offices for all election purposes. With the exception of
the office of justice of the supreme court, the position numbers shall be assigned, whenever possible, to reflect the position numbers that were used to designate the same positions
at the last full-term election for those offices. [2003 c 111 §
601. Prior: 1990 c 59 § 79; 1965 c 52 § 1. Formerly RCW
29.15.130, 29.18.015.]
29A.24.010
29A.24.020 Designation of short terms, full terms,
and unexpired terms—Filing declarations—Election to
both short and full terms. If at the same election there are
short terms or full terms and unexpired terms of office to be
filled, the filing officer shall distinguish them and designate
the short term, the full term, and the unexpired term, as such,
or by use of the words "short term," "unexpired two year
term," or "four year term," as the case may be.
29A.24.020
[Title 29A RCW—page 36]
In filing the declaration of candidacy in such cases the
candidate shall specify that the candidacy is for the short
term, the full term, or the unexpired term. When both a short
term and a full term for the same position are scheduled to be
voted upon, or when a short term is created after the close of
the filing period, a single declaration of candidacy accompanied by a single filing fee shall be construed as a filing for
both the short term and the full term and the name of such
candidate shall appear upon the ballot for the position sought
with the designation "short term and full term." The candidate elected to both such terms shall be sworn into and
assume office for the short term as soon as the election
returns have been certified and shall again be sworn into
office on the second Monday in January following the election to assume office for the full term. [2003 c 111 § 602.
Prior: 1990 c 59 § 92; 1975-’76 2nd ex.s. c 120 § 4; 1965 c 9
§ 29.21.140; prior: (i) 1927 c 155 § 1, part; 1925 ex.s. c 68 §
1, part; 1921 c 116 § 1, part; 1919 c 85 § 1, part; 1911 c 101
§ 1, part; 1909 c 82 § 11, part; 1907 c 209 § 38, part; RRS §
5212, part. (ii) 1933 c 85 § 1, part; RRS § 5213-1, part. Formerly RCW 29.15.140, 29.21.140.]
Term of person elected to fill vacancy: RCW 42.12.030.
Vacancies in public office, how filled: RCW 42.12.010.
Additional notes found at www.leg.wa.gov
29A.24.030
29A.24.030 Declaration of candidacy. A candidate who desires to
have his or her name printed on the ballot for election to an office other than
president of the United States, vice president of the United States, or an
office for which ownership of property is a prerequisite to voting shall complete and file a declaration of candidacy. The secretary of state shall adopt,
by rule, a declaration of candidacy form for the office of precinct committee
officer and a separate standard form for candidates for all other offices filing
under this chapter. Included on the standard form shall be:
(1) A place for the candidate to declare that he or she is a registered
voter within the jurisdiction of the office for which he or she is filing, and the
address at which he or she is registered;
(2) A place for the candidate to indicate the position for which he or she
is filing;
(3) For partisan offices only, a place for the candidate to indicate his or
her major or minor party preference, or independent status;
(4) A place for the candidate to indicate the amount of the filing fee
accompanying the declaration of candidacy or for the candidate to indicate
that he or she is filing a nominating petition in lieu of the filing fee under
*RCW 29A.24.090;
(5) A place for the candidate to sign the declaration of candidacy, stating that the information provided on the form is true and swearing or affirming that he or she will support the Constitution and laws of the United States
and the Constitution and laws of the state of Washington.
In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the information provided with the
filing is true, that he or she will support the Constitutions and laws of the
United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee established in *RCW 29A.24.090.
The secretary of state may require any other information on the form he
or she deems appropriate to facilitate the filing process. [2005 c 2 § 9 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 § 603;
2002 c 140 § 1; 1990 c 59 § 82. Formerly RCW 29.15.010.]
Reviser’s note: *(1) RCW 29A.24.090 was repealed by 2004 c 271 §
193. Later enactment, see RCW 29A.24.091.
(2) RCW 29A.24.030 was amended by 2005 c 2 § 9 (Initiative Measure
No. 872) without cognizance of its repeal by 2004 c 271 § 193. For rule of
construction, see RCW 1.12.025.
(3) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
(2010 Ed.)
Filing for Office
Implementation—2002 c 140: "The secretary of state may take the
necessary steps to ensure that this act is implemented on its effective date."
[2002 c 140 § 5.]
Captions not law—2002 c 140: "Section captions used in this act are
not part of the law." [2002 c 140 § 6.]
29A.24.030
29A.24.030 Declaration of candidacy. [2003 c 111 § 603; 2002 c
140 § 1; 1990 c 59 § 82. Formerly RCW 29.15.010.] Repealed by 2004 c
271 § 193.
Reviser’s note: (1) RCW 29A.24.030 was amended by 2005 c 2 § 9
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.24.031 Declaration of candidacy. A candidate
who desires to have his or her name printed on the ballot for
election to an office other than president of the United States,
vice president of the United States, or an office for which
ownership of property is a prerequisite to voting shall complete and file a declaration of candidacy. The secretary of
state shall adopt, by rule, a declaration of candidacy form for
the office of precinct committee officer and a separate standard form for candidates for all other offices filing under this
chapter. Included on the standard form shall be:
(1) A place for the candidate to declare that he or she is a
registered voter within the jurisdiction of the office for which
he or she is filing, and the address at which he or she is registered;
(2) A place for the candidate to indicate the position for
which he or she is filing;
(3) A place for the candidate to indicate a party designation, if applicable;
(4) A place for the candidate to indicate the amount of
the filing fee accompanying the declaration of candidacy or
for the candidate to indicate that he or she is filing a nominating petition in lieu of the filing fee under RCW 29A.24.091;
(5) A place for the candidate to sign the declaration of
candidacy, stating that the information provided on the form
is true and swearing or affirming that he or she will support
the Constitution and laws of the United States and the Constitution and laws of the state of Washington.
In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the
information provided with the filing is true, that he or she will
support the Constitutions and laws of the United States and
the state of Washington, and that he or she agrees to electronic payment of the filing fee established in RCW
29A.24.091.
The secretary of state may require any other information
on the form he or she deems appropriate to facilitate the filing
process. [2004 c 271 § 158.]
29A.24.031
29A.24.040 Declaration of candidacy—Electronic filing. A candidate may file his or her declaration of candidacy
for an office by electronic means on a system specifically
designed and authorized by a filing officer to accept filings.
(1) Filings that are received electronically must capture
all information specified in RCW 29A.24.031 (1) through
(4).
29A.24.040
(2010 Ed.)
29A.24.070
(2) Electronic filing may begin at 9:00 a.m. the first
Monday in June and continue through 4:00 p.m. the following Friday.
(3) In case of special filing periods established in this
chapter, electronic filings may be accepted beginning at 9:00
a.m. on the first day of the special filing period through 4:00
p.m. the last day of the special filing period. [2006 c 344 § 5;
2003 c 111 § 604. Prior: 2002 c 140 § 2. Formerly RCW
29.15.044.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Implementation—2002 c 140: "The secretary of state may take the
necessary steps to ensure that this act is implemented on its effective date."
[2002 c 140 § 5.]
Captions not law—2002 c 140: "Section captions used in this act are
not part of the law." [2002 c 140 § 6.]
29A.24.050 Declaration of candidacy—Certain
offices, when filed. Except where otherwise provided by this
title, declarations of candidacy for the following offices shall
be filed during regular business hours with the filing officer
no earlier than the first Monday in June and no later than the
following Friday in the year in which the office is scheduled
to be voted upon:
(1) Offices that are scheduled to be voted upon for full
terms or both full terms and short terms at, or in conjunction
with, a state general election; and
(2) Offices where a vacancy, other than a short term,
exists that has not been filled by election and for which an
election to fill the vacancy is required in conjunction with the
next state general election.
This section supersedes all other statutes that provide for
a different filing period for these offices. [2006 c 344 § 6;
2003 c 111 § 605. Prior: 1990 c 59 § 81; 1986 c 167 § 8;
1984 c 142 § 2. Formerly RCW 29.15.020, 29.18.025.]
29A.24.050
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Intent—1984 c 142: "It is the intention of the legislature that this act
shall provide an equitable qualifying procedure for candidates who, at the
time of filing, lack sufficient assets or income to pay the filing fees otherwise
required of candidates for public office." [1984 c 142 § 1.]
Additional notes found at www.leg.wa.gov
29A.24.060 Candidates’ names—Nicknames. When
filing for office, a candidate may indicate the manner in
which he or she desires his or her name to be printed on the
ballot. For filing purposes, a candidate may use a nickname
by which he or she is commonly known as his or her first
name, but the last name shall be the name under which he or
she is registered to vote.
No candidate may:
(1) Use a nickname that denotes present or past occupation, including military rank;
(2) Use a nickname that denotes the candidate’s position
on issues or political affiliation;
(3) Use a nickname designed intentionally to mislead
voters. [2003 c 111 § 606; 1990 c 59 § 83. Formerly RCW
29.15.090.]
29A.24.060
29A.24.070 Declaration of candidacy—Where
filed—Copy to public disclosure commission. Declara29A.24.070
[Title 29A RCW—page 37]
29A.24.081
Title 29A RCW: Elections
tions of candidacy shall be filed with the following filing
officers:
(1) The secretary of state for declarations of candidacy
for statewide offices, United States senate, and United States
house of representatives;
(2) The secretary of state for declarations of candidacy
for the state legislature, the court of appeals, and the superior
court when the candidate is seeking office in a district comprised of voters from two or more counties;
(3) The county auditor for all other offices. For any nonpartisan office, other than judicial offices and school director
in joint districts, where voters from a district comprising
more than one county vote upon the candidates, a declaration
of candidacy shall be filed with the county auditor of the
county in which a majority of the registered voters of the district reside. For school directors in joint school districts, the
declaration of candidacy shall be filed with the county auditor of the county designated by the superintendent of public
instruction as the county to which the joint school district is
considered as belonging under RCW 28A.323.040.
Each official with whom declarations of candidacy are
filed under this section, within one business day following
the closing of the applicable filing period, shall transmit to
the public disclosure commission the information required in
RCW 29A.24.031 (1) through (4) for each declaration of candidacy filed in his or her office during such filing period or a
list containing the name of each candidate who files such a
declaration in his or her office during such filing period
together with a precise identification of the position sought
by each such candidate and the date on which each such declaration was filed. Such official, within three days following
his or her receipt of any letter withdrawing a person’s name
as a candidate, shall also forward a copy of such withdrawal
letter to the public disclosure commission. [2009 c 106 § 1;
2006 c 263 § 614; 2005 c 221 § 1; 2003 c 111 § 607; 2002 c
140 § 4; 1998 c 22 § 1; 1990 c 59 § 84; 1977 ex.s. c 361 § 30;
1975-’76 2nd ex.s. c 112 § 1; 1965 c 9 § 29.18.040. Prior:
1907 c 209 § 7; RRS § 5184. Formerly RCW 29.15.030,
29.18.040.]
Findings—Purpose—Part headings not law—2006 c 263: See notes
following RCW 28A.150.230.
Implementation—Captions not law—2002 c 140: See notes following RCW 29A.24.040.
Public disclosure—Campaign finances, lobbying, records: Chapter 42.17
RCW.
Additional notes found at www.leg.wa.gov
29A.24.081 Declaration—Filing by mail. Any candidate may mail his or her declaration of candidacy for an
office to the filing officer. Such declarations of candidacy
shall be processed by the filing officer in the following manner:
(1) Any declaration received by the filing officer by mail
before the tenth business day immediately preceding the first
day for candidates to file for office shall be returned to the
candidate submitting it, together with a notification that the
declaration of candidacy was received too early to be processed. The candidate shall then be permitted to resubmit his
or her declaration of candidacy during the filing period.
(2) Any properly executed declaration of candidacy
received by mail on or after the tenth business day immedi29A.24.081
[Title 29A RCW—page 38]
ately preceding the first day for candidates to file for office
and before the close of business on the last day of the filing
period shall be included with filings made in person during
the filing period. In partisan and judicial elections the filing
officer shall determine by lot the order in which the names of
those candidates shall appear upon sample and absentee primary ballots.
(3) Any declaration of candidacy received by the filing
officer after the close of business on the last day for candidates to file for office shall be rejected and returned to the
candidate attempting to file it. [2004 c 271 § 159.]
29A.24.091 Declaration—Fees and petitions. A filing
fee of ten dollars shall accompany the declaration of candidacy for any office with a fixed annual salary of one thousand
dollars or less; a filing fee equal to one percent of the annual
salary of the office at the time of filing shall accompany the
declaration of candidacy for any office with a fixed annual
salary of more than one thousand dollars per annum. No filing fee need accompany a declaration of candidacy for precinct committee officer or any office for which compensation
is on a per diem or per meeting attended basis.
A candidate who lacks sufficient assets or income at the
time of filing to pay the filing fee required by this section
shall submit with his or her declaration of candidacy a filing
fee petition. The petition shall contain not less than a number
of signatures of registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the
candidate is filing.
When the candidacy is for:
(1) A statewide office, the United States senate, or the
United States house of representatives, the fee shall be paid to
the secretary of state;
(2) A legislative or judicial office that includes territory
from more than one county, the fee shall be paid to the secretary of state for equal division between the treasuries of the
counties comprising the district;
(3) A legislative or judicial office that includes territory
from only one county, the fee shall be paid to the county auditor;
(4) A city or town office, the fee shall be paid to the
county auditor who shall transmit it to the city or town clerk
for deposit in the city or town treasury. [2009 c 106 § 2; 2006
c 206 § 3; 2005 c 221 § 2; 2004 c 271 § 160.]
29A.24.091
29A.24.101 Filing fee petition—Form. (1) The filing
fee petition authorized by RCW 29A.24.091 must be printed
on sheets of uniform color and size, must include a place for
each individual to sign and print his or her name and the
address, city, and county at which he or she is registered to
vote, and must contain no more than twenty numbered lines.
(2) For candidates for nonpartisan office and candidates
of a major political party for partisan office, the filing fee
petition must be in substantially the following form:
29A.24.101
The warning prescribed by RCW 29A.72.140; followed
by:
We, the undersigned registered voters of (the state of
Washington or the political subdivision for which the nomi(2010 Ed.)
Filing for Office
nation is made) , hereby petition that the name of
(candidate’s name) be printed on the official primary ballot for the office of (insert name of office) .
(3) For independent candidates and candidates of a
minor political party for partisan office, the filing fee petition
must be in substantially the following form:
The warning prescribed by RCW 29A.72.140; followed
by:
We, the undersigned registered voters of (the state of
Washington or the political subdivision for which the nomination is made) , hereby petition that the name of
(candidate’s name) be printed on the official general election ballot for the office of (insert name of office) . [2006
c 206 § 4; 2004 c 271 § 114.]
29A.24.111 Petitions—Rejection—Acceptance, canvass of signatures—Judicial review. Filing fee petitions
may be rejected for the following reasons:
(1) The petition is not in the proper form;
(2) The petition clearly bears insufficient signatures;
(3) The petition is not accompanied by a declaration of
candidacy;
(4) The time within which the petition and the declaration of candidacy could have been filed has expired.
If the petition is accepted, the officer with whom it is
filed shall canvass the signatures contained on it and shall
reject the signatures of those persons who are not registered
voters and the signatures of those persons who are not registered to vote within the jurisdiction of the office for which the
filing fee petition is filed. He or she shall additionally reject
any signature that appears on the filing fee petitions of two or
more candidates for the same office and shall also reject, each
time it appears, the name of any person who signs the same
petition more than once.
If the officer with whom the petition is filed refuses to
accept the petition or refuses to certify the petition as bearing
sufficient valid signatures, the person filing the petition may
appeal that action to the superior court. The application for
judicial review shall take precedence over other cases and
matters and shall be speedily heard and determined. [2006 c
206 § 5; 2004 c 271 § 161.]
29A.24.111
29A.24.120 Date for withdrawal—Notice. Each person who files a declaration of candidacy for an elected office
of a city, town, or special district shall be given written notice
of the date by which a candidate may withdraw his or her candidacy under *RCW 29A.24.130. [2003 c 111 § 612. Prior:
1994 c 223 § 7. Formerly RCW 29.15.125.]
29A.24.120
*Reviser’s note: RCW 29A.24.130 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.24.131.
29A.24.131 Withdrawal of candidacy. A candidate
may withdraw his or her declaration of candidacy at any time
before the close of business on the Thursday following the
last day for candidates to file under RCW 29A.24.050 by filing, with the officer with whom the declaration of candidacy
was filed, a signed request that his or her name not be printed
on the ballot. There shall be no withdrawal period for declarations of candidacy filed during special filing periods held
29A.24.131
(2010 Ed.)
29A.24.171
under this title. The filing officer may permit the withdrawal
of a filing for the office of precinct committee officer at the
request of the candidate at any time if no absentee ballots
have been issued for that office and the ballots for that precinct have not been printed. The filing officer may permit the
withdrawal of a filing for any elected office of a city, town, or
special district at the request of the candidate at any time
before a primary if the primary ballots for that city, town, or
special district have not been ordered. No filing fee may be
refunded to any candidate who withdraws under this section.
Notice of the deadline for withdrawal of candidacy and that
the filing fee is not refundable shall be given to each candidate at the time he or she files. [2004 c 271 § 115.]
29A.24.141 Void in candidacy—Exception. A void in
candidacy for a nonpartisan office occurs when an election
for such office, except for the short term, has been scheduled
and no valid declaration of candidacy has been filed for the
position or all persons filing such valid declarations of candidacy have died or been disqualified. [2004 c 271 § 162.]
29A.24.141
29A.24.151 Notice of void in candidacy. The election
officer with whom declarations of candidacy are filed shall
give notice of a void in candidacy for a nonpartisan office, by
notifying press, radio, and television in the county and by
such other means as may now or hereafter be provided by
law. The notice shall state the office, and the time and place
for filing declarations of candidacy. [2004 c 271 § 163.]
29A.24.151
29A.24.161 Filings to fill void in candidacy—How
made. Filings to fill a void in candidacy for nonpartisan
office must be made in the same manner and with the same
official as required during the regular filing period for such
office, except that nominating signature petitions that may be
required of candidates filing for certain district offices during
the normal filing period may not be required of candidates filing during the special three-day filing period. [2004 c 271 §
164.]
29A.24.161
29A.24.171 Reopening of filing—Before eleventh
Tuesday before primary. Filings for a nonpartisan office
shall be reopened for a period of three normal business days,
such three-day period to be fixed by the election officer with
whom such declarations of candidacy are filed and notice
thereof given by notifying press, radio, and television in the
county and by such other means as may now or hereafter be
provided by law whenever before the eleventh Tuesday prior
to a primary:
(1) A void in candidacy occurs;
(2) A vacancy occurs in any nonpartisan office leaving
an unexpired term to be filled by an election for which filings
have not been held; or
(3) A nominee for judge of the superior court entitled to
a certificate of election pursuant to Article 4, section 29,
Amendment 41 of the state Constitution, dies or is disqualified.
Candidacies validly filed within said three-day period
shall appear on the ballot as if made during the earlier filing
period. [2006 c 344 § 7; 2004 c 271 § 165.]
29A.24.171
[Title 29A RCW—page 39]
29A.24.181
Title 29A RCW: Elections
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
successor is elected at the next election when such positions
are voted upon. [2004 c 271 § 190.]
29A.24.181 Reopening of filing—Before eleventh
Tuesday before general election. Filings for a nonpartisan
office (other than judge of the supreme court or superintendent of public instruction) shall be reopened for a period of
three normal business days, such three-day period to be fixed
by the election officer with whom such declarations of candidacy are filed and notice thereof given by notifying press,
radio, and television in the county and by such other means as
may now or hereafter be provided by law, when:
(1) A void in candidacy for such nonpartisan office
occurs on or after the eleventh Tuesday prior to a primary but
prior to the eleventh Tuesday before an election; or
(2) A nominee for judge of the superior court eligible
after a contested primary for a certificate of election by Article 4, section 29, Amendment 41 of the state Constitution,
dies or is disqualified within the ten-day period immediately
following the last day allotted for a candidate to withdraw; or
(3) A vacancy occurs in any nonpartisan office on or
after the eleventh Tuesday prior to a primary but prior to the
eleventh Tuesday before an election leaving an unexpired
term to be filled by an election for which filings have not
been held.
The candidate receiving a plurality of the votes cast for
that office in the general election shall be deemed elected.
[2006 c 344 § 8; 2004 c 271 § 166.]
29A.24.210 Vacancy in partisan elective office—Special filing period. Filings for a partisan elective office shall
be opened for a period of three normal business days whenever, on or after the first day of the regular filing period and
before the sixth Tuesday prior to an election, a vacancy
occurs in that office, leaving an unexpired term to be filled by
an election for which filings have not been held.
Any special three-day filing period shall be fixed by the
election officer with whom declarations of candidacy for that
office are filed. The election officer shall give notice of the
special three-day filing period by notifying the press, radio,
and television in the county or counties involved, and by any
other means as may be required by law.
Candidacies validly filed within the special three-day filing period shall appear on the primary or general election ballot as if filed during the regular filing period.
The procedures for filings for partisan offices where a
vacancy occurs under this section or a void in candidacy
occurs under *RCW 29A.24.140 must be substantially similar to the procedures for nonpartisan offices under *RCW
29A.24.150 through 29A.24.170. [2005 c 2 § 10 (Initiative
Measure No. 872, approved November 2, 2004); 2003 c 111
§ 621. Prior: 2001 c 46 § 3; 1981 c 180 § 2. Formerly RCW
29.15.230, 29.18.032.]
29A.24.181
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.24.191 Scheduled election lapses, when. A
scheduled election shall be lapsed, the office deemed stricken
from the ballot, no purported write-in votes counted, and no
candidate certified as elected, when:
(1) In an election for judge of the supreme court or superintendent of public instruction, a void in candidacy occurs on
or after the eleventh Tuesday prior to a primary, public filings
and the primary being an indispensable phase of the election
process for such offices;
(2) Except as otherwise specified in RCW 29A.24.181, a
nominee for judge of the superior court entitled to a certificate of election pursuant to Article 4, section 29, Amendment
41 of the state Constitution dies or is disqualified on or after
the eleventh Tuesday prior to a primary;
(3) In other elections for nonpartisan office a void in candidacy occurs or a vacancy occurs involving an unexpired
term to be filled on or after the eleventh Tuesday prior to an
election. [2006 c 344 § 9; 2004 c 271 § 167.]
29A.24.191
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.24.201 Lapse of election when no filing for single
positions—Effect. If after both the normal filing period and
special three-day filing period as provided by RCW
29A.24.171 and 29A.24.181 have passed, no candidate has
filed for any single city, town, or district position to be filled,
the election for such position shall be deemed lapsed, the
office deemed stricken from the ballot and no write-in votes
counted. In such instance, the incumbent occupying such
position shall remain in office and continue to serve until a
29A.24.201
[Title 29A RCW—page 40]
29A.24.210
Reviser’s note: *(1) RCW 29A.24.140, 29A.24.150, 29A.24.160, and
29A.24.170 were repealed by 2004 c 271 § 193. Later enactment, see RCW
29A.24.141, 29A.24.151, 29A.24.161, and 29A.24.171.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
Vacancy in partisan elective office, successor elected, when: RCW
42.12.040.
Vacancy in United States senate, special filing period in 1983: Chapter 1,
Laws of 1983 3rd ex. sess. (uncodified).
Additional notes found at www.leg.wa.gov
29A.24.211 Vacancy in partisan elective office—Special filing period. Filings for a partisan elective office shall
be opened for a period of three normal business days whenever, on or after the first day of the regular filing period and
before the eleventh Tuesday prior to a primary, a vacancy
occurs in that office, leaving an unexpired term to be filled by
an election for which filings have not been held.
Any such special three-day filing period shall be fixed by
the election officer with whom declarations of candidacy for
that office are filed. The election officer shall give notice of
the special three-day filing period by notifying the press,
radio, and television in the county or counties involved, and
by such other means as may be required by law.
Candidacies validly filed within the special three-day filing period shall appear on the ballot as if filed during the regular filing period. [2006 c 344 § 10; 2004 c 271 § 116.]
29A.24.211
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.24.220 Void in candidacy for water-sewer districts—Fewer than one hundred residents. A void in can29A.24.220
(2010 Ed.)
Vacancies
didacy in a water-sewer district with fewer than one hundred
residents may be filled in accordance with RCW 57.12.035.
[2007 c 383 § 2.]
WRITE-IN CANDIDATES
29A.24.311
29A.24.311 Write-in voting—Candidates, declaration. Any person who desires to be a write-in candidate and
have such votes counted at a primary or election may file a
declaration of candidacy with the officer designated in RCW
29A.24.070 not later than the day before the primary or election. Declarations of candidacy for write-in candidates must
be accompanied by a filing fee in the same manner as
required of other candidates filing for the office as provided
in RCW 29A.24.091.
Votes cast for write-in candidates who have filed such
declarations of candidacy and write-in votes for persons
appointed by major political parties pursuant to RCW
29A.28.021 need only specify the name of the candidate in
the appropriate location on the ballot in order to be counted.
Write-in votes cast for any other candidate, in order to be
counted, must designate the office sought and position number or political party, if the manner in which the write-in is
done does not make the office or position clear.
No person may file as a write-in candidate where:
(1) At a general election, the person attempting to file
either filed as a write-in candidate for the same office at the
preceding primary or the person’s name appeared on the ballot for the same office at the preceding primary;
(2) The person attempting to file as a write-in candidate
has already filed a valid write-in declaration for that primary
or election, unless one or the other of the two filings is for the
office of precinct committeeperson;
(3) The name of the person attempting to file already
appears on the ballot as a candidate for another office, unless
one of the two offices for which he or she is a candidate is
precinct committeeperson.
The declaration of candidacy shall be similar to that
required by RCW 29A.24.031. No write-in candidate filing
under this section may be included in any voter’s pamphlet
produced under chapter 29A.32 RCW unless that candidate
qualifies to have his or her name printed on the general election ballot. The legislative authority of any jurisdiction producing a local voter’s pamphlet under chapter 29A.32 RCW
may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets. [2004 c 271 § 117.]
29A.24.320
29A.24.320 Write-in candidates—Notice to auditors,
ballot counters. The secretary of state shall notify each
county auditor of any declarations filed with the secretary
under *RCW 29A.24.310 for offices appearing on the ballot
in that county. The county auditor shall ensure that those persons charged with counting the ballots for a primary or election are notified of all valid write-in candidates before the
tabulation of those ballots. [2003 c 111 § 623. Prior: 1988 c
181 § 2. Formerly RCW 29.04.190.]
*Reviser’s note: RCW 29A.24.310 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.24.311.
(2010 Ed.)
29A.28.021
Chapter 29A.28
Chapter 29A.28 RCW
VACANCIES
Sections
29A.28.011
29A.28.021
29A.28.030
29A.28.041
29A.28.050
29A.28.061
29A.28.071
Major party ticket.
Death or disqualification—Correcting ballots—Counting
votes already cast.
United States senate.
Congress—Special election.
Congress—Notices of special primary and election.
Congress—General, primary election laws to apply—Time
deadlines, modifications.
Precinct committee officer.
29A.28.011 Major party ticket. If a place on the ticket
of a major political party is vacant because no person has
filed for nomination as the candidate of that major political
party, after the last day allowed for candidates to withdraw as
provided by RCW 29A.24.131, and if the vacancy is for a
state or county office to be voted on solely by the electors of
a single county, the county central committee of the major
political party may select and certify a candidate to fill the
vacancy. If the vacancy is for any other office the state central committee of the major political party may select and certify a candidate to fill the vacancy. The certificate must set
forth the cause of the vacancy, the name of the person nominated, the office for which the person is nominated, and other
pertinent information required in an ordinary certificate of
nomination and be filed in the proper office no later than the
first Friday after the last day allowed for candidates to withdraw, together with the candidate’s fee applicable to that
office and a declaration of candidacy. [2004 c 271 § 191.]
29A.28.011
29A.28.021 Death or disqualification—Correcting
ballots—Counting votes already cast. A vacancy caused
by the death or disqualification of any candidate or nominee
of a major or minor political party may be filled at any time
up to and including the day prior to the election for that position. For state partisan offices in any political subdivision
voted on solely by electors of a single county, an individual
shall be appointed to fill such vacancy by the county central
committee in the case of a major political party or by the state
central committee or comparable governing body in the case
of a minor political party. For other partisan offices, including federal or statewide offices, an individual shall be
appointed to fill such vacancy by the state central committee
or comparable governing body of the appropriate political
party.
If the vacancy occurs no later than the eleventh Tuesday
prior to the state primary or general election concerned and
the ballots have been printed, it shall be mandatory that they
be corrected by the appropriate election officers. In making
such correction, it shall not be necessary to reprint complete
ballots if any other less expensive technique can be used and
the resulting correction is reasonably clear.
If the vacancy occurs after the eleventh Tuesday prior to
the state primary or general election and time does not exist
in which to correct ballots (including absentee ballots), either
in total or in part, then the votes cast or recorded for the person who has died or become disqualified shall be counted for
the person who has been named to fill such vacancy.
When the secretary of state is the person with whom the
appointment by the major or minor political party is filed, the
29A.28.021
[Title 29A RCW—page 41]
29A.28.030
Title 29A RCW: Elections
secretary shall, in certifying candidates or nominations to the
various county officers insert the name of the person
appointed to fill a vacancy.
If the secretary of state has already sent forth the certificate when the appointment to fill a vacancy is filed, the secretary shall forthwith certify to the county auditors of the
proper counties the name and place of residence of the person
appointed to fill a vacancy, the office for which the person is
a candidate or nominee, the party the person represents, and
all other pertinent facts pertaining to the vacancy. [2006 c
344 § 11; 2004 c 271 § 192.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.28.030 United States senate. When a vacancy
occurs in the representation of this state in the senate of the
United States, the governor shall make a temporary appointment to that office until the people fill the vacancy by election as provided in this chapter. [2003 c 111 § 703. Prior:
1985 c 45 § 3; 1965 c 9 § 29.68.070; prior: 1921 c 33 § 1;
RRS § 3798. Formerly RCW 29.68.070.]
29A.28.030
Legislative intent—1985 c 45: See note following RCW 29A.04.420.
Special procedures for primary for United States senate vacancy in 1983:
Chapter 1, Laws of 1983 3rd ex. sess. (uncodified).
Vacancies in public office, how caused: RCW 42.12.010.
29A.28.041 Congress—Special election. (1) Whenever a vacancy occurs in the United States house of representatives or the United States senate from this state, the governor shall order a special election to fill the vacancy. Minor
political party candidates and independent candidates may be
nominated through the convention procedures provided in
chapter 29A.20 RCW.
(2) Within ten days of such vacancy occurring, he or she
shall issue a writ of election fixing a date for the special
vacancy election not less than ninety days after the issuance
of the writ, fixing a date for the primary for nominating major
political party candidates for the special vacancy election not
less than thirty days before the day fixed for holding the special vacancy election, fixing the dates for the special filing
period, and designating the term or part of the term for which
the vacancy exists. If the vacancy is in the office of United
States representative, the writ of election shall specify the
congressional district that is vacant.
(3) If the vacancy occurs less than six months before a
state general election and before the second Friday following
the close of the filing period for that general election, the special primary, special vacancy election, and minor party and
independent candidate nominating conventions must be held
in concert with the state primary and state general election in
that year.
(4) If the vacancy occurs on or after the first day for filing under RCW 29A.24.050 and on or before the second Friday following the close of the filing period, a special filing
period of three normal business days shall be fixed by the
governor and notice thereof given to all media, including
press, radio, and television within the area in which the
vacancy election is to be held, to the end that, insofar as possible, all interested persons will be aware of such filing
period. The last day of the filing period shall not be later than
the sixth Tuesday before the primary at which major political
29A.28.041
[Title 29A RCW—page 42]
party candidates are to be nominated. The names of major
political party candidates who have filed valid declarations of
candidacy during this three-day period shall appear on the
approaching primary ballot. The requirements of RCW
29A.20.131 do not apply to a minor political party or independent candidate convention held under this subsection.
(5) If the vacancy occurs later than the second Friday following the close of the filing period, a special primary, special vacancy election, and the minor party and independent
candidate conventions to fill the position shall be held after
the next state general election but, in any event, no later than
the ninetieth day following the November election. [2006 c
344 § 12; 2004 c 271 § 118.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.28.050 Congress—Notices of special primary
and election. After calling a special primary and special
vacancy election to fill a vacancy in the United States house
of representatives or the United States senate from this state,
the governor shall immediately notify the secretary of state
who shall, in turn, immediately notify the county auditor of
each county wholly or partly within which the vacancy exists.
Each county auditor shall publish notices of the special
primary and the special vacancy election at least once in any
legal newspaper published in the county, as provided by
*RCW 29A.52.310 and 29A.52.350 respectively. [2003 c
111 § 705; 1985 c 45 § 5; 1973 2nd ex.s. c 36 § 5; 1965 c 9 §
29.68.100. Prior: 1909 ex.s. c 25 § 2, part; RRS § 3800, part.
Formerly RCW 29.68.100.]
29A.28.050
*Reviser’s note: RCW 29A.52.310 and 29A.52.350 were repealed by
2004 c 271 § 193. Later enactment, see RCW 29A.52.311 and 29A.52.351.
Legislative intent—1985 c 45: See note following RCW 29A.04.420.
29A.28.061 Congress—General, primary election
laws to apply—Time deadlines, modifications. The general election laws and laws relating to partisan primaries shall
apply to the special primaries and vacancy elections provided
for in chapter 29A.28 RCW to the extent that they are not
inconsistent with the provisions of these sections. Minor
political party and independent candidates may appear only
on the general election ballot. Statutory time deadlines relating to availability of absentee ballots, certification, canvassing, and related procedures that cannot be met in a timely
fashion may be modified for the purposes of a specific primary or vacancy election under this chapter by the secretary
of state through emergency rules adopted under RCW
29A.04.611. [2004 c 271 § 119.]
29A.28.061
29A.28.071 Precinct committee officer. If a vacancy
occurs in the office of precinct committee officer by reason of
death, resignation, or disqualification of the incumbent, or
because of failure to elect, the respective county chair of the
county central committee shall fill the vacancy by appointment. However, in a legislative district having a majority of
its precincts in a county with a population of one million or
more, the appointment may be made only upon the recommendation of the legislative district chair. The person so
appointed must have the same qualifications as candidates
when filing for election to the office for that precinct. When
a vacancy in the office of precinct committee officer exists
29A.28.071
(2010 Ed.)
Voters’ Pamphlets
because of failure to elect at a state primary, the vacancy may
not be filled until after the organization meeting of the county
central committee and the new county chair has been selected
as provided by RCW 29A.80.030. [2004 c 271 § 120.]
Chapter 29A.32
Chapter 29A.32 RCW
VOTERS’ PAMPHLETS
Sections
STATE VOTERS’ PAMPHLET
29A.32.010
29A.32.020
29A.32.031
29A.32.032
29A.32.036
29A.32.040
29A.32.050
29A.32.060
29A.32.070
29A.32.080
29A.32.090
29A.32.100
29A.32.110
29A.32.121
Printing and distribution.
Prohibition against deceptively similar campaign materials.
Contents.
Party preference.
Even year primary contents.
Explanatory statements.
Notice of constitutional amendments and state measures—
Explanatory statement.
Arguments.
Format, layout, contents.
Amendatory style.
Arguments—Rejection, dispute.
Arguments—Public inspection.
Photographs.
Candidates’ statements—Length.
LOCAL VOTERS’ PAMPHLET
29A.32.210
29A.32.220
29A.32.230
29A.32.241
29A.32.250
29A.32.260
29A.32.270
29A.32.280
Authorization—Contents—Format.
Notice of production—Local governments’ decision to participate.
Administrative rules.
Contents.
Candidates, when included.
Mailing.
Cost.
Arguments advocating approval or disapproval—Preparation by committees.
STATE VOTERS’ PAMPHLET
29A.32.010 Printing and distribution. The secretary
of state shall, whenever at least one statewide measure or
office is scheduled to appear on the general election ballot,
print and distribute a voters’ pamphlet.
The secretary of state shall distribute the voters’ pamphlet to each household in the state, to public libraries, and to
any other locations he or she deems appropriate. The secretary of state shall also produce taped or Braille transcripts of
the voters’ pamphlet, publicize their availability, and mail
without charge a copy to any person who requests one.
The secretary of state may make the material required to
be distributed by this chapter available to the public in electronic form. The secretary of state may provide the material
in electronic form to computer bulletin boards, print and
broadcast news media, community computer networks, and
similar services at the cost of reproduction or transmission of
the data. [2003 c 111 § 801. Prior: 1999 c 260 § 1. Formerly
RCW 29.81.210.]
29A.32.010
29A.32.020 Prohibition against deceptively similar
campaign materials. No person or entity may publish or
distribute any campaign material that is deceptively similar in
design or appearance to a voters’ pamphlet that was published by the secretary of state during the ten-year period
before the publication or distribution of the campaign material by the person or entity. The secretary of state shall take
reasonable measures to prevent or to stop violations of this
29A.32.020
(2010 Ed.)
29A.32.032
section. Such measures may include, among others, petitioning the superior court for a temporary restraining order or
other appropriate injunctive relief. In addition, the secretary
may request the superior court to impose a civil fine on a violator of this section. The court is authorized to levy on and
recover from each violator a civil fine not to exceed the
greater of: (1) Two dollars for each copy of the deceptive
material distributed, or (2) one thousand dollars. In addition,
the violator is liable for the state’s legal expenses and other
costs resulting from the violation. Any funds recovered
under this section must be transmitted to the state treasurer
for deposit in the general fund. [2003 c 111 § 802; 1984 c 41
§ 1. Formerly RCW 29.04.035.]
29A.32.031
29A.32.031 Contents. The voters’ pamphlet published
or distributed under RCW 29A.32.010 must contain:
(1) Information about each measure for an advisory vote
of the people and each ballot measure initiated by or referred
to the voters for their approval or rejection as required by
RCW 29A.32.070;
(2) In even-numbered years, statements, if submitted,
from candidates for the office of president and vice president
of the United States, United States senator, United States representative, governor, lieutenant governor, secretary of state,
state treasurer, state auditor, attorney general, commissioner
of public lands, superintendent of public instruction, insurance commissioner, state senator, state representative, justice
of the supreme court, judge of the court of appeals, or judge
of the superior court. Candidates may also submit campaign
contact information and a photograph not more than five
years old in a format that the secretary of state determines to
be suitable for reproduction in the voters’ pamphlet;
(3) In odd-numbered years, if any office voted upon
statewide appears on the ballot due to a vacancy, then statements and photographs for candidates for any vacant office
listed in subsection (2) of this section must appear;
(4) Contact information for the public disclosure commission established under *RCW 42.17.350;
(5) Contact information for major political parties;
(6) A brief statement explaining the deletion and addition of language for proposed measures under RCW
29A.32.080; and
(7) Any additional information pertaining to elections as
may be required by law or in the judgment of the secretary of
state is deemed informative to the voters. [2009 c 415 § 2;
2008 c 1 § 12 (Initiative Measure No. 960, approved November 6, 2007); 2004 c 271 § 121.]
*Reviser’s note: RCW 42.17.350 was recodified as RCW 42.17A.100
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
29A.32.032
29A.32.032 Party preference. The voters’ pamphlet
must also contain the political party preference or independent status where a candidate appearing on the ballot has
expressed such a preference on his or her declaration of candidacy. [2005 c 2 § 11 (Initiative Measure No. 872, approved
November 2, 2004).]
[Title 29A RCW—page 43]
29A.32.036
Title 29A RCW: Elections
Reviser’s note: The constitutionality of Initiative Measure No. 872 was
upheld in Washington State Grange v. Washington State Republican Party,
et al., 552 U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
29A.32.036 Even year primary contents. If the secretary of state prints and distributes a voters’ pamphlet for a primary in an even-numbered year, it must contain:
(1) A description of the office of precinct committee
officer and its duties;
(2) An explanation that, for partisan offices, only voters
who choose to affiliate with a major political party may vote
in that party’s primary election, and that voters must limit
their participation in a partisan primary to one political party;
and
(3) An explanation that minor political party candidates
and independent candidates will appear only on the general
election ballot. [2004 c 271 § 122.]
29A.32.036
29A.32.040 Explanatory statements. (1) Explanatory
statements prepared by the attorney general under RCW
29A.32.070 (3) and (4) must be written in clear and concise
language, avoiding legal and technical terms when possible,
and filed with the secretary of state no later than the tenth day
of August.
(2) When the explanatory statement for a measure initiated by petition is filed with the secretary of state, the secretary of state shall immediately provide the text of the explanatory statement to the person proposing the measure and any
others who have made written request for notification of the
exact language of the explanatory statement. When the
explanatory statement for a measure referred to the ballot by
the legislature is filed with the secretary of state, the secretary
of state shall immediately provide the text of the explanatory
statement to the presiding officer of the senate and the presiding officer of the house of representatives and any others who
have made written request for notification of the exact language of the explanatory statement.
(3) A person dissatisfied with the explanatory statement
may appeal to the superior court of Thurston County within
five days of the filing date. A copy of the petition and a
notice of the appeal must be served on the secretary of state
and the attorney general. The court shall examine the measure, the explanatory statement, and objections, and may hear
arguments. The court shall render its decision and certify to
and file with the secretary of state an explanatory statement it
determines will meet the requirements of this chapter.
The decision of the superior court is final, and its explanatory statement is the established explanatory statement. The
appeal must be heard without costs to either party. [2009 c
415 § 3; 2003 c 111 § 804. Prior: 1999 c 260 § 3. Formerly
RCW 29.81.230.]
29A.32.040
29A.32.050 Notice of constitutional amendments and
state measures—Explanatory statement. The attorney
general shall, by the tenth day of August preceding each general election, prepare the explanatory statements required
under RCW 29A.32.070 (3) and (4). Such statements shall
be prepared in clear and concise language and shall avoid the
use of legal and other technical terms insofar as possible.
29A.32.050
[Title 29A RCW—page 44]
Any person dissatisfied with the explanatory statement so
prepared may at any time within ten days from the filing
thereof in the office of the secretary of state appeal to the
superior court of Thurston county by petition setting forth the
proposed state measure, the explanatory statement prepared
by the attorney general, and his or her objection thereto and
praying for the amendment thereof. A copy of the petition
and a notice of such appeal shall be served on the secretary of
state and the attorney general. The court shall, upon filing of
the petition, examine the proposed state measure, the explanatory statement, and the objections thereto and may hear
argument thereon and shall, as soon as possible, render its
decision and certify to and file with the secretary of state such
explanatory statement as it determines will meet the requirement of RCW 29A.52.330, 29A.52.340, and this section.
The decision of the superior court shall be final and its
explanatory statement shall be the established explanatory
statement. Such appeal shall be heard without costs to either
party. [2009 c 415 § 4; 2003 c 111 § 805; 1967 c 96 § 3; 1965
c 9 § 29.27.076. Prior: 1961 c 176 § 3. Formerly RCW
29.27.076.]
29A.32.060
29A.32.060 Arguments. Committees shall write and
submit arguments advocating the approval or rejection of
each statewide ballot issue and rebuttals of those arguments.
The secretary of state, the presiding officer of the senate, and
the presiding officer of the house of representatives shall
appoint the initial two members of each committee. In making these committee appointments the secretary of state and
presiding officers of the senate and house of representatives
shall consider legislators, sponsors of initiatives and referendums, and other interested groups known to advocate or
oppose the ballot measure.
The initial two members may select up to four additional
members, and the committee shall elect a chairperson. The
remaining committee member or members may fill vacancies
through appointment.
After the committee submits its initial argument statements to the secretary of state, the secretary of state shall
transmit the statements to the opposite committee. The opposite committee may then prepare rebuttal arguments. Rebuttals may not interject new points.
The voters’ pamphlet may contain only argument statements prepared according to this section. Arguments may
contain graphs and charts supported by factual statistical data
and pictures or other illustrations. Cartoons or caricatures are
not permitted. [2003 c 111 § 806. Prior: 1999 c 260 § 4.
Formerly RCW 29.81.240.]
29A.32.070
29A.32.070 Format, layout, contents. The secretary of
state shall determine the format and layout of the voters’
pamphlet published under RCW 29A.32.010. The secretary
of state shall print the pamphlet in clear, readable type on a
size, quality, and weight of paper that in the judgment of the
secretary of state best serves the voters. The pamphlet must
contain a table of contents. Measures and arguments must be
printed in the order specified by RCW 29A.72.290.
The voters’ pamphlet must provide the following information for each statewide issue on the ballot except measures
(2010 Ed.)
Voters’ Pamphlets
for an advisory vote of the people whose requirements are
provided in subsection (11) of this section:
(1) The legal identification of the measure by serial designation or number;
(2) The official ballot title of the measure;
(3) A statement prepared by the attorney general explaining the law as it presently exists;
(4) A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;
(5) The fiscal impact statement prepared under RCW
29A.72.025;
(6) The total number of votes cast for and against the
measure in the senate and house of representatives, if the
measure has been passed by the legislature;
(7) An argument advocating the voters’ approval of the
measure together with any statement in rebuttal of the opposing argument;
(8) An argument advocating the voters’ rejection of the
measure together with any statement in rebuttal of the opposing argument;
(9) Each argument or rebuttal statement must be followed by the names of the committee members who submitted them, and may be followed by a telephone number that
citizens may call to obtain information on the ballot measure;
(10) The full text of *the measure;
(11) Two pages shall be provided in the general election
voters’ pamphlet for each measure for an advisory vote of the
people under RCW 43.135.041 and shall consist of the serial
number assigned by the secretary of state under RCW
29A.72.040, the short description formulated by the attorney
general under RCW 29A.72.283, the tax increase’s most
up-to-date ten-year cost projection, including a year-by-year
breakdown, by the office of financial management under
RCW 43.135.031, and the names of the legislators, and their
contact information, and how they voted on the increase upon
final passage so they can provide information to, and answer
questions from, the public. For the purposes of this subsection, "names of legislators, and their contact information"
includes each legislator’s position (senator or representative),
first name, last name, party affiliation (for example, Democrat or Republican), city or town they live in, office phone
number, and office e-mail address. [2009 c 415 § 5; prior:
2008 c 1 § 13 (Initiative Measure No. 960, approved November 6, 2007); 2003 c 111 § 807; prior: 2002 c 139 § 2; 1999
c 260 § 5. Formerly RCW 29.81.250.]
Reviser’s note: *(1) The word "each" was changed to "the" in 2008 c 1
§ 13 (Initiative Measure No. 960) without enclosing "each" in double parentheses and underlining "the."
(2) RCW 29A.32.070 was amended by 2008 c 1 § 13 (Initiative Measure No. 960) without enclosing by double parentheses all material proposed
for deletion and underlining all proposed new material, in amendatory sections. See RCW 29A.32.080.
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
29A.32.080 Amendatory style. Statewide ballot measures that amend existing law must be printed in the voters’
pamphlet so that language proposed for deletion is enclosed
by double parentheses and has a line through it. Proposed
new language must be underlined. A statement explaining
the deletion and addition of language must appear as follows:
29A.32.080
(2010 Ed.)
29A.32.090
"Any language in double parentheses with a line through it is
existing state law and will be taken out of the law if this measure is approved by voters. Any underlined language does
not appear in current state law but will be added to the law if
this measure is approved by voters." [2003 c 111 § 808.
Prior: 1999 c 260 § 6. Formerly RCW 29.81.260.]
29A.32.090 Arguments—Rejection, dispute. (1) If in
the opinion of the secretary of state any argument or statement offered for inclusion in the voters’ pamphlet in support
of or opposition to a measure or candidate contains obscene
matter or matter that is otherwise prohibited by law from distribution through the mail, the secretary may petition the
superior court of Thurston county for a judicial determination
that the argument or statement may be rejected for publication or edited to delete the matter. The court shall not enter
such an order unless it concludes that the matter is obscene or
otherwise prohibited for distribution through the mail.
(2) A candidate’s statement submitted for inclusion in
the voters’ pamphlet shall not contain false or misleading
statements about the candidate’s opponent. A false or misleading statement shall be considered "libel or defamation per
se" if the statement tends to expose the candidate to hatred,
contempt, ridicule, or obloquy, or to deprive him or her of the
benefit of public confidence or social intercourse, or to injure
him or her in his or her business or occupation. If a candidate
believes his or her opponent has libeled or defamed him or
her, the candidate may commence an action under subsection
(3) of this section.
(3)(a) A person who believes that he or she may be
defamed by an argument or statement offered for inclusion in
the voters’ pamphlet in support of or opposition to a measure
or candidate may petition the superior court of Thurston
county for a judicial determination that the argument or statement may be rejected for publication or edited to delete the
defamatory statement.
(b) The court shall not enter such an order unless it concludes that the statement is untrue and that the petitioner has
a very substantial likelihood of prevailing in a defamation
action.
(c) An action under this subsection (3) must be filed and
served no later than the tenth day after the deadline for the
submission of the argument or statement to the secretary of
state.
(d) If the secretary of state notifies a person named or
identified in an argument or statement of the contents of the
argument or statement within three days after the deadline for
submission to the secretary, then neither the state nor the secretary is liable for damages resulting from publication of the
argument or statement unless the secretary publishes the
argument or statement in violation of an order entered under
this section. Nothing in this section creates a duty on the part
of the secretary of state to identify, locate, or notify the person.
(4) Parties to a dispute under this section may agree to
resolve the dispute by rephrasing the argument or statement,
even if the deadline for submission to the secretary has
elapsed, unless the secretary determines that the process of
publication is too far advanced to permit the change. The
secretary shall promptly provide any such revision to any
committee entitled to submit a rebuttal argument. If that
29A.32.090
[Title 29A RCW—page 45]
29A.32.100
Title 29A RCW: Elections
committee has not yet submitted its rebuttal, its deadline to
submit a rebuttal is extended by five days. If it has submitted
a rebuttal, it may revise it to address the change within five
days of the filing of the revised argument with the secretary.
(5) In an action under this section the committee or candidate must be named as a defendant, and may be served with
process by certified mail directed to the address contained in
the secretary’s records for that party. The secretary of state
shall be a nominal party to an action brought under subsection (3) of this section, solely for the purpose of determining
the content of the voters’ pamphlet. The superior court shall
give such an action priority on its calendar. [2009 c 222 § 3;
2003 c 111 § 809. Prior: 1999 c 260 § 8. Formerly RCW
29.81.280.]
Intent—Findings—2009 c 222: See note following RCW 42.17A.335.
29A.32.100 Arguments—Public inspection. (1) An
argument or statement submitted to the secretary of state for
publication in the voters’ pamphlet is not available for public
inspection or copying until:
(a) In the case of candidate statements, (i) all statements
by all candidates who have filed for a particular office have
been received, except those who informed the secretary that
they will not submit statements, or (ii) the deadline for submission of statements has elapsed;
(b) In the case of arguments supporting or opposing a
measure, (i) the arguments on both sides have been received,
unless a committee was not appointed for one side, or (ii) the
deadline for submission of arguments has elapsed; and
(c) In the case of rebuttal arguments, (i) the rebuttals on
both sides have been received, unless a committee was not
appointed for one side, or (ii) the deadline for submission of
arguments has elapsed.
(2) Nothing in this section prohibits the secretary from
releasing information under *RCW 29A.32.090(2)(d). [2003
c 111 § 810. Prior: 1999 c 260 § 9. Formerly RCW
29.81.290.]
29A.32.100
*Reviser’s note: RCW 29A.32.090 was amended by 2009 c 222 § 3,
changing subsection (2)(d) to subsection (3)(d).
29A.32.110 Photographs. All photographs of candidates submitted for publication must conform to standards
established by the secretary of state by rule. No photograph
may reveal clothing or insignia suggesting the holding of a
public office. [2003 c 111 § 811. Prior: 1999 c 260 § 10.
Formerly RCW 29.81.300.]
29A.32.110
29A.32.121 Candidates’ statements—Length. (1)
The maximum number of words for statements submitted by
candidates is as follows: State representative, one hundred
words; state senator, judge of the superior court, judge of the
court of appeals, justice of the supreme court, and all state
offices voted upon throughout the state, except that of governor, two hundred words; president and vice president, United
States senator, United States representative, and governor,
three hundred words.
(2) Arguments written by committees under RCW
29A.32.060 may not exceed two hundred fifty words in
length.
29A.32.121
[Title 29A RCW—page 46]
(3) Rebuttal arguments written by committees may not
exceed seventy-five words in length.
(4) The secretary of state shall allocate space in the pamphlet based on the number of candidates or nominees for each
office. [2004 c 271 § 168.]
LOCAL VOTERS’ PAMPHLET
29A.32.210 Authorization—Contents—Format. At
least ninety days before any primary or general election, or at
least forty days before any special election held under RCW
*29A.04.320 or 29A.04.330, the legislative authority of any
county or first-class or code city may adopt an ordinance
authorizing the publication and distribution of a local voters’
pamphlet. The pamphlet shall provide information on all
measures within that jurisdiction and may, if specified in the
ordinance, include information on candidates within that
jurisdiction. If both a county and a first-class or code city
within that county authorize a local voters’ pamphlet for the
same election, the pamphlet shall be produced jointly by the
county and the first-class or code city. If no agreement can be
reached between the county and first-class or code city, the
county and first-class or code city may each produce a pamphlet. Any ordinance adopted authorizing a local voters’
pamphlet may be for a specific primary, special election, or
general election or for any future primaries or elections. The
format of any local voters’ pamphlet shall, whenever applicable, comply with the provisions of this chapter regarding the
publication of the state candidates’ and voters’ pamphlets.
[2003 c 111 § 813; 1984 c 106 § 3. Formerly RCW
29.81A.010.]
29A.32.210
*Reviser’s note: RCW 29A.04.320 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.321.
29A.32.220 Notice of production—Local governments’ decision to participate. (1) Not later than ninety
days before the publication and distribution of a local voters’
pamphlet by a county, the county auditor shall notify each
city, town, or special taxing district located wholly within
that county that a pamphlet will be produced.
(2) If a voters’ pamphlet is published by the county for a
primary or general election, the pamphlet shall be published
for the elective offices and ballot measures of the county and
for the elective offices and ballot measures of each unit of
local government located entirely within the county which
will appear on the ballot at that primary or election. However, the offices and measures of a first-class or code city
shall not be included in the pamphlet if the city publishes and
distributes its own voters’ pamphlet for the primary or election for its offices and measures. The offices and measures of
any other town or city are not required to appear in the
county’s pamphlet if the town or city is obligated by ordinance or charter to publish and distribute a voters’ pamphlet
for the primary or election for its offices and measures and it
does so.
If the required appearance in a county’s voters’ pamphlet
of the offices or measures of a unit of local government
would create undue financial hardship for the unit of government, the legislative authority of the unit may petition the
legislative authority of the county to waive this requirement.
The legislative authority of the county may provide such a
29A.32.220
(2010 Ed.)
Voters’ Pamphlets
waiver if it does so not later than sixty days before the publication of the pamphlet and it finds that the requirement would
create such hardship.
(3) If a city, town, or district is located within more than
one county, the respective county auditors may enter into an
interlocal agreement to permit the distribution of each
county’s local voters’ pamphlet into those parts of the city,
town, or district located outside of that county.
(4) If a first-class or code city authorizes the production
and distribution of a local voters’ pamphlet, the city clerk of
that city shall notify any special taxing district located wholly
within that city that a pamphlet will be produced. Notification shall be provided in the manner required or provided for
in subsection (1) of this section.
(5) A unit of local government located within a county
and the county may enter into an interlocal agreement for the
publication of a voters’ pamphlet for offices or measures not
required by subsection (2) of this section to appear in a
county’s pamphlet. [2003 c 111 § 814; 1994 c 191 § 1; 1984
c 106 § 4. Formerly RCW 29.81A.020.]
29A.32.230 Administrative rules. The county auditor
or, if applicable, the city clerk of a first-class or code city
shall, in consultation with the participating jurisdictions,
adopt and publish administrative rules necessary to facilitate
the provisions of any ordinance authorizing production of a
local voters’ pamphlet. Any amendment to such a rule shall
also be adopted and published. Copies of the rules shall identify the date they were adopted or last amended and shall be
made available to any person upon request. One copy of the
rules adopted by a county auditor and one copy of any
amended rules shall be submitted to the county legislative
authority. One copy of the rules adopted by a city clerk and
one copy of any amended rules shall be submitted to the city
legislative authority. These rules shall include but not be limited to the following:
(1) Deadlines for decisions by cities, towns, or special
taxing districts on being included in the pamphlet;
(2) Limits on the length and deadlines for submission of
arguments for and against each measure;
(3) The basis for rejection of any explanatory or candidates’ statement or argument deemed to be libelous or otherwise inappropriate. Any statements by a candidate shall be
limited to those about the candidate himself or herself;
(4) Limits on the length and deadlines for submission of
candidates’ statements;
(5) An appeal process in the case of the rejection of any
statement or argument. [2003 c 111 § 815. Prior: 1984 c 106
§ 5. Formerly RCW 29.81A.030.]
29A.32.230
29A.32.241 Contents. The local voters’ pamphlet shall
include but not be limited to the following:
(1) Appearing on the cover, the words "official local voters’ pamphlet," the name of the jurisdiction producing the
pamphlet, and the date of the election or primary;
(2) A list of jurisdictions that have measures or candidates in the pamphlet;
(3) Information on how a person may register to vote and
obtain an absentee ballot;
29A.32.241
(2010 Ed.)
29A.32.280
(4) The text of each measure accompanied by an explanatory statement prepared by the prosecuting attorney for any
county measure or by the attorney for the jurisdiction submitting the measure if other than a county measure. All explanatory statements for city, town, or district measures not
approved by the attorney for the jurisdiction submitting the
measure shall be reviewed and approved by the county prosecuting attorney or city attorney, when applicable, before
inclusion in the pamphlet;
(5) The arguments for and against each measure submitted by committees selected pursuant to RCW 29A.32.280;
and
(6) For partisan primary elections, information on how to
vote the applicable ballot format and an explanation that
minor political party candidates and independent candidates
will appear only on the general election ballot. [2004 c 271 §
123.]
29A.32.250 Candidates, when included. If the legislative authority of a county or first-class or code city provides
for the inclusion of candidates in the local voters’ pamphlet,
the pamphlet shall include the statements from candidates
and may also include those candidates’ photographs. [2003 c
111 § 817. Prior: 1984 c 106 § 7. Formerly RCW
29.81A.050.]
29A.32.250
29A.32.260 Mailing. As soon as practicable before the
primary, special election, or general election, the county
auditor, or if applicable, the city clerk of a first-class or code
city, as appropriate, shall mail the local voters’ pamphlet to
every residence in each jurisdiction that has included information in the pamphlet. The county auditor or city clerk, as
appropriate, may choose to mail the pamphlet to each registered voter in each jurisdiction that has included information
in the pamphlet, if in his or her judgment, a more economical
and effective distribution of the pamphlet would result. If the
county or city chooses to mail the pamphlet to each residence, no notice of election otherwise required by *RCW
29A.52.350 need be published. [2003 c 111 § 818. Prior:
1984 c 106 § 8. Formerly RCW 29.81A.060.]
29A.32.260
*Reviser’s note: RCW 29A.52.350 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.52.351.
29A.32.270 Cost. The cost of a local voters’ pamphlet
shall be considered an election cost to those local jurisdictions included in the pamphlet and shall be prorated in the
manner provided in RCW 29A.04.410. [2003 c 111 § 819.
Prior: 1984 c 106 § 9. Formerly RCW 29.81A.070.]
29A.32.270
29A.32.280 Arguments advocating approval or disapproval—Preparation by committees. For each measure
from a unit of local government that is included in a local voters’ pamphlet, the legislative authority of that jurisdiction
shall, not later than forty-five days before the publication of
the pamphlet, formally appoint a committee to prepare arguments advocating voters’ approval of the measure and shall
formally appoint a committee to prepare arguments advocating voters’ rejection of the measure. The authority shall
appoint persons known to favor the measure to serve on the
committee advocating approval and shall, whenever possible,
29A.32.280
[Title 29A RCW—page 47]
Chapter 29A.36
Title 29A RCW: Elections
appoint persons known to oppose the measure to serve on the
committee advocating rejection. Each committee shall have
not more than three members, however, a committee may
seek the advice of any person or persons. If the legislative
authority of a unit of local government fails to make such
appointments by the prescribed deadline, the county auditor
shall whenever possible make the appointments. [2003 c 111
§ 820. Prior: 1994 c 191 § 2; 1984 c 106 § 10. Formerly
RCW 29.81A.080.]
Chapter 29A.36 RCW
BALLOTS AND OTHER VOTING FORMS
Chapter 29A.36
Sections
29A.36.010
29A.36.011
29A.36.020
29A.36.030
29A.36.040
29A.36.050
29A.36.060
29A.36.071
29A.36.080
29A.36.090
29A.36.101
29A.36.104
29A.36.106
29A.36.111
29A.36.115
29A.36.121
29A.36.131
29A.36.151
29A.36.161
29A.36.170
29A.36.171
29A.36.180
29A.36.191
29A.36.201
29A.36.210
29A.36.220
29A.36.230
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.36.010
29A.36.010 Certifying primary candidates. [2003 c 111 § 901.
Prior: 1990 c 59 § 8; 1965 ex.s. c 103 § 4; 1965 c 9 § 29.27.020; prior: 1949
c 161 § 10, part; 1947 c 234 § 2, part; 1935 c 26 § 1, part; 1921 c 178 § 4,
part; 1907 c 209 § 8, part; Rem. Supp. 1949 § 5185, part. Formerly RCW
29.27.020.] Repealed by 2004 c 271 § 193.
Reviser’s note: (1) RCW 29A.36.010 was amended by 2005 c 2 § 12
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.36.011 Certifying primary candidates. On or
before the day following the last day for major political parties to fill vacancies in the ticket as provided by RCW
29A.28.011, the secretary of state shall certify to each county
auditor a list of the candidates who have filed declarations of
candidacy in his or her office for the primary. For each
office, the certificate shall include the name of each candidate, his or her address, and his or her party designation, if
any. Minor political party and independent candidates may
appear only on the general election ballot. [2004 c 271 §
124.]
29A.36.011
Certifying primary candidates.
Certifying primary candidates.
Constitutional measures—Ballot title—Formulation, ballot
display, certification.
Constitutional measures—Ballot title—Filing.
Constitutional, statewide questions—Notice of ballot title
and summary.
Statewide question—Ballot title—Formulation, ballot display.
Constitutional, statewide questions—Ballot title—Appeal.
Local measures—Ballot title—Formulation—Advertising.
Local measures—Ballot title—Notice.
Local measures—Ballot title—Appeal.
Names on primary ballot.
Partisan primary ballots—Formats.
Partisan primary ballots—Required statements.
Uniformity, arrangement, contents required—Contracts
with vendors.
Provisional and absentee ballots.
Order of offices and issues—Party indication.
Order of candidates on ballots.
Sample ballots.
Arrangement of instructions, measures, offices—Order of
candidates—Numbering of ballots.
Top two candidates qualified for general election—Exception.
Nonpartisan candidates qualified for general election.
Disqualified candidates in nonpartisan elections—Special
procedures for conduct of election.
Partisan candidates qualified for general election.
Names qualified to appear on election ballot.
Property tax levies—Ballot form.
Expense of printing and distributing ballot materials.
Regional transportation investment district and regional
transit authority single ballot.
No link between voter and ballot choice: RCW 29A.08.161.
29A.36.020 Constitutional measures—Ballot title—
Formulation, ballot display, certification. (1) When a proposed constitutional amendment is to be submitted to the
people of the state for statewide popular vote, the ballot title
consists of: (a) A statement of the subject of the amendment;
(b) a concise description of the amendment; and (c) a question in the form prescribed in this section. The statement of
the subject of a constitutional amendment must be sufficiently broad to reflect the nature of the amendment, sufficiently precise to give notice of the amendment’s subject
matter, and not exceed ten words. The concise description
must contain no more than thirty words, give a true and
impartial description of the amendment’s essential contents,
clearly identify the amendment to be voted on, and not, to the
extent reasonably possible, create prejudice either for or
against the amendment.
The ballot title for a proposed constitutional amendment
must be displayed on the ballot substantially as follows:
29A.36.020
29A.36.010
29A.36.010 Certifying primary candidates. On or before the day
following the last day allowed for candidates to withdraw under *RCW
29A.24.130, the secretary of state shall certify to each county auditor a list of
the candidates who have filed declarations of candidacy in his or her office
for the primary. For each office, the certificate shall include the name of
each candidate, his or her address, and his or her party preference or independent designation as shown on filed declarations. [2005 c 2 § 12 (Initiative
Measure No. 872, approved November 2, 2004); 2003 c 111 § 901. Prior:
1990 c 59 § 8; 1965 ex.s. c 103 § 4; 1965 c 9 § 29.27.020; prior: 1949 c 161
§ 10, part; 1947 c 234 § 2, part; 1935 c 26 § 1, part; 1921 c 178 § 4, part; 1907
c 209 § 8, part; Rem. Supp. 1949 § 5185, part. Formerly RCW 29.27.020.]
Reviser’s note: *(1) RCW 29A.24.130 was repealed by 2004 c 271 §
193. Later enactment, see RCW 29A.24.131.
(2) RCW 29A.36.010 was amended by 2005 c 2 § 12 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 § 193. For rule
of construction, see RCW 1.12.025.
(3) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
[Title 29A RCW—page 48]
"The legislature has proposed a constitutional
amendment on (statement of subject). This amendment would (concise description). Should this constitutional amendment be:
Approved
Rejected
............................
............................
"
(2) When a proposed new constitution is submitted to the
people of the state by a constitutional convention for statewide popular vote, the ballot title consists of: (a) A concise
description of the new constitution; and (b) a question in the
form prescribed in this section. The concise description must
contain no more than thirty words, give a true and impartial
description of the new constitution’s essential contents,
clearly identify the proposed constitution to be voted on, and
not, to the extent reasonably possible, create prejudice either
for or against the new constitution.
(2010 Ed.)
Ballots and Other Voting Forms
The ballot title for a proposed new constitution must be
displayed on the ballot substantially as follows:
"The constitutional convention approved a new proposed state constitution that (concise description).
Should this proposed constitution be:
Approved
Rejected
............................
............................
"
(3) The legislature may specify the statement of subject
or concise description, or both, in a constitutional amendment
that it submits to the people. If the legislature fails to specify
the statement of subject or concise description, or both, the
attorney general shall prepare the material that was not specified. The statement of subject and concise description as so
provided must be included as part of the ballot title unless
changed on appeal.
The attorney general shall specify the concise description for a proposed new constitution that is submitted to the
people by a constitutional convention, and the concise
description as so provided must be included as part of the ballot title unless changed on appeal.
(4) The secretary of state shall certify to the county auditors the ballot title for a proposed constitution, constitutional
amendment, or other statewide question at the same time and
in the same manner as the ballot titles to initiatives and referendums. [2003 c 111 § 902. Prior: 2000 c 197 § 7. Formerly
RCW 29.27.057.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.030 Constitutional measures—Ballot title—
Filing. The ballot title for a constitutional amendment or
proposed constitution must be filed with the secretary of state
in the same manner as the ballot title and summary for a state
initiative or referendum are filed. [2003 c 111 § 903. Prior:
2000 c 197 § 8. Formerly RCW 29.27.061.]
29A.36.030
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.040 Constitutional, statewide questions—
Notice of ballot title and summary. Upon the filing of a
ballot title under RCW 29A.36.020 or 29A.36.050, the secretary of state shall provide notice of the exact language of the
ballot title and summary to the chief clerk of the house of representatives, the secretary of the senate, and the prime sponsor of measure. [2003 c 111 § 904. Prior: 2000 c 197 § 9;
1993 c 256 § 11; 1965 c 9 § 29.27.065; prior: 1953 c 242 §
3. Formerly RCW 29.27.065.]
29A.36.040
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
Additional notes found at www.leg.wa.gov
29A.36.050 Statewide question—Ballot title—Formulation, ballot display. (1) If the legislature submits a
question to the people for a statewide popular vote that is not
governed by RCW 29A.72.050 or 29A.36.020, the ballot title
on the question consists of: (a) A description of the subject;
and (b) a question in the form prescribed in this section. The
statement of the subject of the question must be sufficiently
broad to reflect the subject of the question, sufficiently pre-
29A.36.071
cise to give notice of the question’s subject matter, and not
exceed ten words. The question must contain no more than
thirty words.
The ballot title for such a question must be displayed on
the ballot substantially as follows:
"The following question concerning (description of
subject) has been submitted to the voters: (Question
as submitted).
Yes
No
.................................
.................................
"
(2) The legislature may specify the statement of subject
for a question and shall specify the question that it submits to
the people. If the legislature fails to specify the statement of
subject, the attorney general shall prepare the statement of
subject. The statement of subject and question as so provided
must be included as part of the ballot title unless changed on
appeal. [2003 c 111 § 905. Prior: 2000 c 197 § 10. Formerly
RCW 29.27.0653.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.060 Constitutional, statewide questions—
Ballot title—Appeal. If any persons are dissatisfied with the
ballot title for a proposed constitution, constitutional amendment, or question submitted under RCW 29A.36.050, they
may at any time within ten days from the time of the filing of
the ballot title and summary, not including Saturdays, Sundays, or legal holidays, appeal to the superior court of Thurston county by petition setting forth the measure, the ballot
title objected to, their objections to it, and praying for amendment of the ballot title. The time of the filing of the ballot
title, as used in this section for establishing the time for
appeal, is the time the ballot title is first filed with the secretary of state.
A copy of the petition on appeal together with a notice
that an appeal has been taken must be served upon the secretary of state, the attorney general, the chief clerk of the house
of representatives, and the secretary of the senate. Upon the
filing of the petition on appeal, the court shall immediately,
or at the time to which a hearing may be adjourned by consent
of the appellants, examine the proposed measure, the ballot
title filed, and the objections to it and may hear arguments on
it, and shall as soon as possible render its decision and certify
to and file with the secretary of state a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title so certified will be the established ballot title. The appeal must be
heard without cost to either party. [2003 c 111 § 906. Prior:
2000 c 197 § 11. Formerly RCW 29.27.0655.]
29A.36.060
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.050
(2010 Ed.)
29A.36.071 Local measures—Ballot title—Formulation—Advertising. (1) Except as provided to the contrary in
RCW 82.14.036, 82.46.021, or 82.80.090, the ballot title of
any referendum filed on an enactment or portion of an enactment of a local government and any other question submitted
to the voters of a local government consists of three elements:
(a) An identification of the enacting legislative body and a
29A.36.071
[Title 29A RCW—page 49]
29A.36.080
Title 29A RCW: Elections
statement of the subject matter; (b) a concise description of
the measure; and (c) a question. The ballot title must conform with the requirements and be displayed substantially as
provided under RCW 29A.72.050, except that the concise
description must not exceed seventy-five words; however, a
concise description submitted on behalf of a proposed or
existing regional transportation investment district may
exceed seventy-five words. If the local governmental unit is
a city or a town, the concise statement shall be prepared by
the city or town attorney. If the local governmental unit is a
county, the concise statement shall be prepared by the prosecuting attorney of the county. If the unit is a unit of local government other than a city, town, or county, the concise statement shall be prepared by the prosecuting attorney of the
county within which the majority area of the unit is located.
(2) A referendum measure on the enactment of a unit of
local government shall be advertised in the manner provided
for nominees for elective office.
(3) Subsection (1) of this section does not apply if
another provision of law specifies the ballot title for a specific
type of ballot question or proposition. [2006 c 311 § 9; 2004
c 271 § 169.]
Findings—2006 c 311: See note following RCW 36.120.020.
29A.36.080 Local measures—Ballot title—Notice.
Upon the filing of a ballot title of a question to be submitted
to the people of a county or municipality, the county auditor
shall provide notice of the exact language of the ballot title to
the persons proposing the measure, the county or municipality, and to any other person requesting a copy of the ballot
title. [2003 c 111 § 908. Prior: 2000 c 197 § 13. Formerly
RCW 29.27.0665.]
29A.36.080
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.36.090 Local measures—Ballot title—Appeal. If
any persons are dissatisfied with the ballot title for a local
ballot measure that was formulated by the city attorney or
prosecuting attorney preparing the same, they may at any
time within ten days from the time of the filing of the ballot
title, not including Saturdays, Sundays, and legal holidays,
appeal to the superior court of the county where the question
is to appear on the ballot, by petition setting forth the measure, the ballot title objected to, their objections to it, and
praying for amendment of it. The time of the filing of the ballot title, as used in this section in determining the time for
appeal, is the time the ballot title is first filed with the county
auditor.
A copy of the petition on appeal together with a notice
that an appeal has been taken shall be served upon the county
auditor and the official preparing the ballot title. Upon the
filing of the petition on appeal, the court shall immediately,
or at the time to which a hearing may be adjourned by consent
of the appellants, examine the proposed measure, the ballot
title filed, and the objections to it and may hear arguments on
it, and shall as soon as possible render its decision and certify
to and file with the county auditor a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title or statement so certified will be the established ballot title. The
appeal must be heard without cost to either party. [2003 c
29A.36.090
[Title 29A RCW—page 50]
111 § 909. Prior: 2000 c 197 § 14; 1993 c 256 § 12; 1965 c
9 § 29.27.067; prior: 1953 c 242 § 4. Formerly RCW
29.27.067.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
Additional notes found at www.leg.wa.gov
29A.36.101 Names on primary ballot. Except for the
candidates for the positions of president and vice president,
for a partisan or nonpartisan office for which no primary is
required, or for independent or minor party candidates, the
names of all candidates who, under this title, filed a declaration of candidacy or were certified as a candidate to fill a
vacancy on a major party ticket will appear on the appropriate
ballot at the primary throughout the jurisdiction in which they
are to be nominated. [2004 c 271 § 125.]
29A.36.101
29A.36.104 Partisan primary ballots—Formats. Partisan primaries must be conducted using either:
(1) A consolidated ballot format that includes a checkoff box for each major political party. The consolidated ballot must include all partisan races, nonpartisan races, and ballot measures to be voted on at that primary; or
(2) A physically separate ballot format that includes both
party ballots and a nonpartisan ballot. A party ballot must be
specific to a particular major political party and include the
names of candidates for partisan offices who designated that
same major political party in their declarations of candidacy,
as well as all nonpartisan races and ballot measures to be
voted on at that primary. The nonpartisan ballot must include
only the nonpartisan races and ballot measures to be voted on
at that primary. [2007 c 38 § 2; 2004 c 271 § 126.]
29A.36.104
29A.36.106 Partisan primary ballots—Required
statements. (1) If the consolidated ballot format is used, the
major political party identification check-off box must appear
on the primary ballot before all offices and ballot measures.
Clear and concise instructions to the voter must be prominently displayed immediately before the list of major political parties, and must include:
(a) A statement that, for partisan offices, the voter may
only vote for candidates of one political party;
(b) A question asking the voter to indicate the major
political party with which the voter chooses to affiliate;
(c) A statement that, for a major political party candidate, only votes cast by voters who choose to affiliate with
that same major political party will be tabulated and reported;
(d) A statement that votes cast for a major political party
candidate by a voter who chooses to affiliate with a different
major political party will not be tabulated or reported;
(e) A statement that votes cast for a major political party
candidate by a voter who selects more than one major political party with which to affiliate will not be tabulated or
reported; and
(f) A statement that party affiliation will not affect votes
cast for candidates for nonpartisan offices, or for or against
ballot measures.
(2) If the physically separate ballot format is used, clear
and concise instructions to the voter must be prominently displayed, and must include:
29A.36.106
(2010 Ed.)
Ballots and Other Voting Forms
(a) A statement that, for partisan offices, the voter may
only vote for candidates of one political party;
(b) A statement explaining that only one ballot may be
voted;
(c) A statement explaining that if more than one party
ballot is voted, none of the partisan races will be tabulated or
reported; and
(d) A statement explaining that the nonpartisan ballot
only lists nonpartisan races and ballot measures and does not
list partisan races. [2007 c 38 § 3; 2004 c 271 § 127.]
29A.36.111 Uniformity, arrangement, contents
required—Contracts with vendors. (1) Every ballot for a
single combination of issues, offices, and candidates shall be
uniform within a precinct and shall identify the type of primary or election, the county, and the date of the primary or
election, and the ballot or voting device shall contain instructions on the proper method of recording a vote, including
write-in votes. Each position, together with the names of the
candidates for that office, shall be clearly separated from
other offices or positions in the same jurisdiction. The
offices in each jurisdiction shall be clearly separated from
each other. No paper ballot or ballot card may be marked by
or at the direction of an election official in any way that
would permit the identification of the person who voted that
ballot.
(2) An elections [election] official may not enter into or
extend any contract with a vendor if such contract may allow
the vendor to acquire an ownership interest in any data pertaining to any voter, any voter’s address, registration number,
or history, or any ballot. [2009 c 414 § 1; 2004 c 271 § 128.]
29A.36.111
29A.36.115 Provisional and absentee ballots. All provisional and absentee ballots must be visually distinguishable
from each other and must be either:
(1) Printed on colored paper; or
(2) Imprinted with a bar code for the purpose of identifying the ballot as a provisional or absentee ballot. The bar
code must not identify the voter.
Provisional and absentee ballots must be incapable of
being tabulated by poll-site counting devices. [2005 c 243 §
3.]
29A.36.115
29A.36.121 Order of offices and issues—Party indication. (1)(a) The positions or offices on a primary consolidated ballot shall be arranged in substantially the following
order: United States senator; United States representative;
governor; lieutenant governor; secretary of state; state treasurer; state auditor; attorney general; commissioner of public
lands; superintendent of public instruction; insurance commissioner; state senator; state representative; county officers;
justices of the supreme court; judges of the court of appeals;
judges of the superior court; and judges of the district court.
For all other jurisdictions on the primary consolidated ballot,
the offices in each jurisdiction shall be grouped together and
be in the order of the position numbers assigned to those
offices, if any.
(b)(i) The positions or offices on a primary party ballot
must be arranged in substantially the following order: United
States senator; United States representative; governor; lieu29A.36.121
(2010 Ed.)
29A.36.151
tenant governor; secretary of state; state treasurer; state auditor; attorney general; commissioner of public lands; insurance commissioner; state senator; state representative; and
partisan county officers. For all other jurisdictions on the primary party ballot, the offices in each jurisdiction must be
grouped together and be in the order of the position numbers
assigned to those offices, if any.
(ii) The positions or offices on a primary nonpartisan
ballot must be arranged in substantially the following order:
Superintendent of public instruction; justices of the supreme
court; judges of the court of appeals; judges of the superior
court; and judges of the district court. For all other jurisdictions on the primary nonpartisan ballot, the offices in each
jurisdiction must be grouped together and be in the order of
the position numbers assigned to those offices, if any.
(2) The order of the positions or offices on an election
ballot shall be substantially the same as on a primary consolidated ballot except that state ballot issues must be placed
before all offices. The offices of president and vice president
of the United States shall precede all other offices on a presidential election ballot. The positions on a ballot to be
assigned to ballot measures regarding local units of government shall be established by the secretary of state by rule.
(3) The political party or independent candidacy of each
candidate for partisan office shall be indicated next to the
name of the candidate on the primary and election ballot. A
candidate shall file a written notice with the filing officer
within three business days after the close of the filing period
designating the political party to be indicated next to the candidate’s name on the ballot if either: (a) The candidate has
been nominated by two or more minor political parties or
independent conventions; or (b) the candidate has both filed a
declaration of candidacy declaring an affiliation with a major
political party and been nominated by a minor political party
or independent convention. If no written notice is filed the
filing officer shall give effect to the party designation shown
upon the first document filed. A candidate may be deemed
nominated by a minor party or independent convention only
if all documentation required by chapter 29A.20 RCW has
been timely filed. [2004 c 271 § 129.]
29A.36.131 Order of candidates on ballots. After the
close of business on the last day for candidates to file for
office, the filing officer shall, from among those filings made
in person and by mail, determine by lot the order in which the
names of those candidates will appear on all primary, sample,
and absentee ballots. The determination shall be done publicly and may be witnessed by the media and by any candidate. If no primary is required for any nonpartisan office
under RCW 29A.52.011 or 29A.52.220, or if any independent or minor party candidate files a declaration of candidacy, the names shall appear on the general election ballot in
the order determined by lot. [2004 c 271 § 130.]
29A.36.131
29A.36.151 Sample ballots. Except in each county
with a population of one million or more, on or before the fifteenth day before a primary or election, the county auditor
shall prepare a sample ballot which shall be made readily
available to members of the public. The secretary of state
shall adopt rules governing the preparation of sample ballots
29A.36.151
[Title 29A RCW—page 51]
29A.36.161
Title 29A RCW: Elections
in counties with a population of one million or more. The
rules shall permit, among other alternatives, the preparation
of more than one sample ballot by a county with a population
of one million or more for a primary or election, each of
which lists a portion of the offices and issues to be voted on
in that county. The position of precinct committee officer
shall be shown on the sample ballot for the primary, but the
names of candidates for the individual positions need not be
shown. [2004 c 271 § 131.]
29A.36.161 Arrangement of instructions, measures,
offices—Order of candidates—Numbering of ballots. (1)
On the top of each ballot must be printed clear and concise
instructions directing the voter how to mark the ballot,
including write-in votes. On the top of each primary ballot
must be printed the instructions required by this chapter.
(2) The ballot must have a clear delineation between the
ballot instructions and the first ballot measure or office
through the use of white space, illustration, shading, color,
symbol, font size, or bold type. The secretary of state shall
establish standards for ballot design and layout consistent
with this section and RCW 29A.04.611.
(3) The questions of adopting constitutional amendments
or any other state measure authorized by law to be submitted
to the voters at that election must appear after the instructions
and before any offices.
(4) In a year that president and vice president appear on
the general election ballot, the names of candidates for president and vice president for each political party must be
grouped together with a single response position for a voter to
indicate his or her choice.
(5) On a general election ballot, the candidate or candidates of the major political party that received the highest
number of votes from the electors of this state for the office
of president of the United States at the last presidential election must appear first following the appropriate office heading. The candidate or candidates of the other major political
parties will follow according to the votes cast for their nominees for president at the last presidential election, and independent candidates and the candidate or candidates of all
other parties will follow in the order of their qualification
with the secretary of state.
(6) All paper ballots and ballot cards used at a polling
place must be sequentially numbered in such a way to permit
removal of such numbers without leaving any identifying
marks on the ballot. [2010 c 32 § 1; 2004 c 271 § 132.]
29A.36.161
29A.36.170
29A.36.170 Top two candidates qualified for general election—
Exception. (1) For any office for which a primary was held, only the names
of the top two candidates will appear on the general election ballot; the name
of the candidate who received the greatest number of votes will appear first
and the candidate who received the next greatest number of votes will appear
second. No candidate’s name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast
for that office at the preceding primary, if a primary was conducted. On the
ballot at the general election for an office for which no primary was held, the
names of the candidates shall be listed in the order determined under *RCW
29A.36.130.
(2) For the office of justice of the supreme court, judge of the court of
appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes
cast for that office or position, only the name of that candidate may be
printed for that position on the ballot at the general election. [2005 c 2 § 6
[Title 29A RCW—page 52]
(Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 §
917. Prior: 1992 c 181 § 2; 1990 c 59 § 95. Formerly RCW 29.30.085.]
Reviser’s note: *(1) RCW 29A.36.130 was repealed by 2004 c 271 §
193. Later enactment, see RCW 29A.36.131.
(2) RCW 29A.36.170 was amended by 2005 c 2 § 6 (Initiative Measure
No. 872) without cognizance of its repeal by 2004 c 271 § 193. For rule of
construction, see RCW 1.12.025.
(3) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.007.
Additional notes found at www.leg.wa.gov
29A.36.170
29A.36.170 Nonpartisan candidates qualified for general election.
[2003 c 111 § 917. Prior: 1992 c 181 § 2; 1990 c 59 § 95. Formerly RCW
29.30.085.] Repealed by 2004 c 271 § 193.
Reviser’s note: (1) RCW 29A.36.170 was amended by 2005 c 2 § 6
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.36.171 Nonpartisan candidates qualified for
general election. (1) Except as provided in RCW
29A.36.180 and in subsection (2) of this section, on the ballot
at the general election for a nonpartisan office for which a
primary was held, only the names of the candidate who
received the greatest number of votes and the candidate who
received the next greatest number of votes for that office shall
appear under the title of that office, and the names shall
appear in that order. If a primary was conducted, no candidate’s name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the
total votes cast for that office at the preceding primary. On
the ballot at the general election for any other nonpartisan
office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW
29A.36.131.
(2) On the ballot at the general election for the office of
justice of the supreme court, judge of the court of appeals,
judge of the superior court, judge of the district court, or state
superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that
office or position, only the name of that candidate may be
printed under the title of the office for that position. [2004 c
271 § 170.]
29A.36.171
29A.36.180 Disqualified candidates in nonpartisan
elections—Special procedures for conduct of election.
This section applies if a candidate for an elective office of a
city, town, or special purpose district would, under this chapter, otherwise qualify to have his or her name printed on the
general election ballot for the office, but the candidate has
been declared to be unqualified to hold the office by a court
of competent jurisdiction.
(1) In a case in which a primary is conducted for the
office:
(a) If ballots for the general election for the office have
not been ordered by the county auditor, the candidate who
received the third greatest number of votes for the office at
29A.36.180
(2010 Ed.)
Ballots and Other Voting Forms
the primary shall qualify as a candidate for general election
and that candidate’s name shall be printed on the ballot for
the office in lieu of the name of the disqualified candidate.
(b) If general election ballots for the office have been so
ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.
(2) In a case in which a primary is not conducted for the
office:
(a) If ballots for the general election for the office have
not been ordered by the county auditor, the name of the disqualified candidate shall not appear on the general election
ballot for the office.
(b) If general election ballots for the office have been so
ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.
(3) If the disqualified candidate is the only candidate to
have filed for the office during a regular or special filing
period for the office, a void in candidacy for the office exists.
[2003 c 111 § 918. Prior: 1992 c 181 § 1. Formerly RCW
29.30.086.]
Additional notes found at www.leg.wa.gov
29A.36.191 Partisan candidates qualified for general
election. The name of a candidate for a partisan office for
which a primary was conducted shall not be printed on the
ballot for that office at the subsequent general election unless,
at the preceding primary, the candidate receives a number of
votes equal to at least one percent of the total number of votes
cast for all candidates for that office and a plurality of the
votes cast by voters affiliated with that party for candidates
for that office affiliated with that party. [2004 c 271 § 133.]
29A.36.191
29A.36.201 Names qualified to appear on election
ballot. The names of the persons certified as nominees by the
secretary of state or the county canvassing board shall be
printed on the ballot at the ensuing election.
No name of any candidate whose nomination at a primary is required by law shall be placed upon the ballot at a
general or special election unless it appears upon the certificate of either (1) the secretary of state, or (2) the county canvassing board, or (3) a minor party convention or the state or
county central committee of a major political party to fill a
vacancy on its ticket under RCW 29A.28.021.
Excluding the office of precinct committee officer or a
temporary elected position such as a charter review board
member or freeholder, a candidate’s name shall not appear
more than once upon a ballot for a position regularly nominated or elected at the same election. [2004 c 271 § 171.]
29A.36.201
29A.36.210 Property tax levies—Ballot form. (1) The
ballot proposition authorizing a taxing district to impose the
regular property tax levies authorized in RCW 36.68.525,
36.69.145, 67.38.130, 84.52.069, or 84.52.135 must contain
in substance the following:
29A.36.210
"Will the . . . . . . (insert the name of the taxing district)
be authorized to impose regular property tax levies of . . . . . .
(insert the maximum rate) or less per thousand dollars of
assessed valuation for each of . . . . . . (insert the maximum
number of years allowable) consecutive years?
(2010 Ed.)
29A.36.230
Yes . . . . . . . . . . . .
No . . . . . . . . . . . . "
Each voter may indicate either "Yes" or "No" on his or
her ballot in accordance with the procedures established
under this title.
(2) The ballot proposition authorizing a taxing district to
impose a permanent regular tax levy under RCW 84.52.069
must contain in substance the following:
"Will the . . . . . (insert the name of the taxing district) be
authorized to impose a PERMANENT regular property levy
of . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation?
Yes . . . . . . . . . . . .
No . . . . . . . . . . . . " [2010 c 106 § 301; 2004 c 80 § 2;
2003 c 111 § 921. Prior: 1999 c 224 § 2; 1984 c 131 § 3.
Formerly RCW 29.30.111.]
Effective date—2010 c 106: See note following RCW 35.102.145.
Effective date—2004 c 80: See note following RCW 84.52.135.
Purpose—1984 c 131 §§ 3-9: "The purpose of sections 3 through 6 of
this act is to clarify requirements necessary for voters to authorize certain
local governments to impose regular property tax levies for a series of years.
Sections 3 through 9 of this act only clarify the existing law to avoid credence being given to an erroneous opinion that has been rendered by the
attorney general. As cogently expressed in Attorney General Opinion, Number 14, Addendum, opinions rendered by the attorney general are advisory
only and are merely a "prediction of the outcome if the matter were to be litigated." Nevertheless, confusion has arisen from this erroneous opinion."
[1984 c 131 § 2.]
Additional notes found at www.leg.wa.gov
29A.36.220 Expense of printing and distributing ballot materials. The cost of printing ballots, ballot cards, and
instructions and the delivery of this material to the precinct
election officers shall be an election cost that shall be borne
as determined under RCW 29A.04.410 and 29A.04.420, as
appropriate. [2003 c 111 § 922. Prior: 1990 c 59 § 16; 1965
c 9 § 29.30.130; prior: 1889 p 400 § 1; RRS § 5269. Formerly RCW 29.30.130.]
29A.36.220
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.36.230 Regional transportation investment district and regional transit authority single ballot. The election on the single ballot proposition described in RCW
36.120.070 and 81.112.030(10) must be conducted by the
auditor of each component county in accordance with the
general election laws of the state, except as provided in this
section. Notice of the election must be published in one or
more newspapers of general circulation in each component
county in the manner provided in the general election laws.
The single joint ballot proposition required under RCW
36.120.070 and 81.112.030(10) must be in substantially the
following form:
29A.36.230
"REGIONAL TRANSPORTATION INVESTMENT
DISTRICT (RTID) AND REGIONAL TRANSIT
AUTHORITY (RTA) PROPOSITION #1
REGIONAL ROADS AND TRANSIT SYSTEM
To reduce transportation congestion, increase road
capacity, promote safety, facilitate mobility, provide
for an integrated regional transportation system, and
[Title 29A RCW—page 53]
Chapter 29A.40
Title 29A RCW: Elections
improve the health, welfare, and safety of the citizens of Washington, shall a regional transit authority (RTA) implement a regional rail and transit system to link [insert geographic references] as
described in [insert plan name], financed by [insert
taxes] imposed by RTA, all as provided in Resolution No. [insert number]; and shall a regional transportation investment district (RTID) be formed and
authorized to implement and invest in improving the
regional transportation system by replacing vulnerable bridges, improving safety, and increasing capacity on state and local roads to further link major education, employment, and retail centers described in
[insert plan name] financed by [insert taxes]
imposed by RTID, all as provided in Resolution No.
[insert number]; further provided that the RTA taxes
shall be imposed only within the boundaries of the
RTA, and the RTID taxes shall be imposed only
within the boundaries of the RTID?
Yes . . . . . . . . . . . . . . . . . . . . . . . .
No . . . . . . . . . . . . . . . . . . . . . . . . "
[2007 c 509 § 4.]
Findings— Intent—Constituti onal c hallenges— Expedited
appeals—Severability—Effective date—2007 c 509: See notes following
RCW 36.120.070.
Chapter 29A.40
Chapter 29A.40 RCW
ABSENTEE VOTING
Sections
29A.40.010
29A.40.020
29A.40.030
29A.40.040
29A.40.050
29A.40.061
29A.40.061
29A.40.070
29A.40.080
29A.40.091
29A.40.100
29A.40.110
29A.40.120
29A.40.130
29A.40.140
29A.40.150
When permitted.
Request for single ballot.
Request on behalf of family member.
Ongoing status—Request—Termination.
Special ballots.
Issuance of ballot and other materials (as amended by 2009
c 369).
Issuance of ballot and other materials (as amended by 2009
c 415).
Date ballots available, mailed.
Delivery of ballot, qualifications for.
Envelopes and instructions.
Observers.
Processing incoming ballots.
Report of count.
Record of requests—Public access.
Challenges.
Overseas, service voters.
29A.40.010 When permitted. Any registered voter of
the state or any overseas voter or service voter may vote by
absentee ballot in any general election, special election, or
primary in the manner provided in this chapter. Overseas
voters and service voters are authorized to cast the same ballots, including those for special elections, as a registered
voter of the state would receive under this chapter. [2009 c
369 § 36; 2003 c 111 § 1001. Prior: 2001 c 241 § 1; 1991 c
81 § 29; 1987 c 346 § 9; 1986 c 167 § 14; 1985 c 273 § 1;
1984 c 27 § 1; 1977 ex.s. c 361 § 76; 1974 ex.s. c 35 § 1; 1971
ex.s. c 202 § 37; 1965 c 9 § 29.36.010; prior: 1963 ex.s. c 23
§ 1; 1955 c 167 § 2; prior: (i) 1950 ex.s. c 8 § 1; 1943 c 72 §
1; 1933 ex.s. c 41 § 1; 1923 c 58 § 1; 1921 c 143 § 1; 1917 c
159 § 1; 1915 c 189 § 1; Rem. Supp. 1943 § 5280. (ii) 1933
ex.s. c 41 § 2, part; 1923 c 58 § 2, part; 1921 c 143 § 2, part;
29A.40.010
[Title 29A RCW—page 54]
1917 c 159 § 2, part; 1915 c 189 § 2, part; RRS § 5281, part.
Formerly RCW 29.36.210, 29.36.010.]
Legislative intent—1987 c 346: "By this act the legislature intends to
combine and unify the laws and procedures governing absentee voting.
These amendments are intended: (1) To clarify and incorporate into a single
chapter of the Revised Code of Washington the preexisting statutes under
which electors of this state qualify for absentee ballots under state law, federal law, or a combination of both state and federal law, and (2) to insure uniformity in the application, issuance, receipt, and canvassing of these absentee ballots. Nothing in this act is intended to impose any new requirement on
the ability of the registered voters or electors of this state to qualify for,
receive, or cast absentee ballots in any primary or election." [1987 c 346 §
1.]
Additional notes found at www.leg.wa.gov
29A.40.020 Request for single ballot. (1) Except as
otherwise provided by law, a registered voter, overseas voter,
or service voter desiring to cast an absentee ballot at a single
election or primary must request the absentee ballot from his
or her county auditor no earlier than ninety days nor later than
the day before the election or primary at which the person
seeks to vote. Except as otherwise provided by law, the
request may be made orally in person, by telephone, electronically, or in writing. An application or request for an absentee ballot made under the authority of a federal statute or regulation will be considered and given the same effect as a
request for an absentee ballot under this chapter.
(2) A voter requesting an absentee ballot for a primary
may also request an absentee ballot for the following general
election. A request by an overseas voter or service voter for
an absentee ballot for a primary election will be considered as
a request for an absentee ballot for the following general election.
(3) In requesting an absentee ballot, the voter shall state
the address to which the absentee ballot should be sent. A
request for an absentee ballot from an overseas voter or service voter must include the address of the last residence in the
state of Washington and either a written application or the
oath on the return envelope must include a declaration of the
other qualifications of the applicant as an elector of this state.
A request for an absentee ballot from any other voter must
state the address at which that voter is currently registered to
vote in the state of Washington or the county auditor shall
verify that information from the voter registration records of
the county.
(4) A request for an absentee ballot from a registered
voter who is within this state must be made directly to the
auditor of the county in which the voter is registered. An
absentee ballot request from a registered voter who is temporarily outside this state or from an overseas voter or service
voter may be made either to the appropriate county auditor or
to the secretary of state, who shall promptly forward the
request to the appropriate county auditor.
(5) No person, organization, or association may distribute absentee ballot applications within this state that contain
a return address other than that of the appropriate county
auditor. [2009 c 369 § 37; 2003 c 111 § 1002; 2001 c 241 §
2. Formerly RCW 29.36.220.]
29A.40.020
29A.40.030 Request on behalf of family member. A
member of a registered voter’s family may request an absentee ballot on behalf of and for use by the voter. As a means
29A.40.030
(2010 Ed.)
Absentee Voting
29A.40.061
of ensuring that a person who requests an absentee ballot is
requesting the ballot for only that person or a member of the
person’s immediate family, an auditor may require a person
who requests an absentee ballot to identify the date of birth of
the voter for whom the ballot is requested and deny a request
that is not accompanied by this information. [2003 c 111 §
1003. Prior: 2001 c 241 § 3. Formerly RCW 29.36.230.]
(4) A voter who requests a special absentee ballot under
this section may also request an absentee ballot under RCW
29A.40.020(4). If the regular absentee ballot is properly
voted and returned, the special absentee ballot is void, and the
county auditor shall reject it in whole when special absentee
ballots are canvassed. [2003 c 111 § 1005; 2001 c 241 § 5;
1991 c 81 § 35; 1987 c 346 § 21. Formerly RCW 29.36.250,
29.36.170.]
29A.40.040 Ongoing status—Request—Termination. Any registered voter may apply, in writing, for status as
an ongoing absentee voter. Each qualified applicant shall
automatically receive an absentee ballot for each ensuing
election or primary for which the voter is entitled to vote and
need not submit a separate request for each election. Ballots
received from ongoing absentee voters shall be validated,
processed, and tabulated in the same manner as other absentee ballots.
Status as an ongoing absentee voter shall be terminated
upon any of the following events:
(1) The written request of the voter;
(2) The death or disqualification of the voter;
(3) The cancellation of the voter’s registration record;
(4) The return of an ongoing absentee ballot as undeliverable; or
(5) Upon placing a voter on inactive status under RCW
29A.08.620. [2003 c 111 § 1004. Prior: 2001 c 241 § 4;
1999 c 298 § 12; 1993 c 418 § 1; 1991 c 81 § 30; 1987 c 346
§ 10; 1986 c 22 § 1; 1985 c 273 § 2. Formerly RCW
29.36.240, 29.36.013.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.40.040
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Additional notes found at www.leg.wa.gov
29A.40.050 Special ballots. (1) As provided in this section, county auditors shall provide special absentee ballots to
be used for state primary or state general elections. An auditor shall provide a special absentee ballot only to a registered
voter who completes an application stating that she or he will
be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular
absentee ballots.
The application for a special absentee ballot may not be
filed earlier than ninety days before the applicable state primary or general election. The special absentee ballot will list
the offices and measures, if known, scheduled to appear on
the state primary or general election ballot. The voter may
use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure.
(2) With any special absentee ballot issued under this
section, the county auditor shall include a listing of any candidates who have filed before the time of the application for
offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.
(3) Write-in votes on special absentee ballots must be
counted in the same manner provided by law for the counting
of other write-in votes. The county auditor shall process and
canvass the special absentee ballots provided under this section in the same manner as other absentee ballots under this
chapter and chapter 29A.60 RCW.
29A.40.050
(2010 Ed.)
Additional notes found at www.leg.wa.gov
29A.40.061
29A.40.061 Issuance of ballot and other materials (as amended by
2009 c 369). (1) The county auditor shall issue an absentee ballot for the primary or election for which it was requested, or for the next occurring primary
or election when ongoing absentee status has been requested if the information contained in a request for an absentee ballot or ongoing absentee status
received by the county auditor is complete and correct and the applicant is
qualified to vote under federal or state law. Otherwise, the county auditor
shall notify the applicant of the reason or reasons why the request cannot be
accepted. Whenever two or more candidates have filed for the position of
precinct committee officer for the same party in the same precinct, the contest for that position must be presented to absentee voters from that precinct
by either including the contest on the regular absentee ballot or a separate
absentee ballot. The ballot must provide space designated for writing in the
name of additional candidates.
(2) A registered voter may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost, or not received by the voter. The voter may obtain
the ballot by telephone request, by mail, electronically, or in person. The
county auditor shall keep a record of each replacement ballot provided under
this subsection.
(3) A copy of the state voters’ pamphlet must be sent to ((registered
voters temporarily outside the state, out-of-state voters,)) overseas voters((,))
and service voters along with the absentee ballot if such a pamphlet has been
prepared for the primary or election and is available to the county auditor at
the time of mailing. The county auditor shall mail all absentee ballots and
related material to overseas and service voters ((outside the territorial limits
of the United States and the District of Columbia)) under 39 U.S.C. 3406.
[2009 c 369 § 38; 2004 c 271 § 134.]
29A.40.061
29A.40.061 Issuance of ballot and other materials (as amended by
2009 c 415). (1) The county auditor shall issue an absentee ballot for the primary or election for which it was requested, or for the next occurring primary
or election when ongoing absentee status has been requested if the information contained in a request for an absentee ballot or ongoing absentee status
received by the county auditor is complete and correct and the applicant is
qualified to vote under federal or state law. Otherwise, the county auditor
shall notify the applicant of the reason or reasons why the request cannot be
accepted. Whenever two or more candidates have filed for the position of
precinct committee officer for the same party in the same precinct, the contest for that position must be presented to absentee voters from that precinct
by either including the contest on the regular absentee ballot or a separate
absentee ballot. The ballot must provide space designated for writing in the
name of additional candidates.
(2) A registered voter may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost, or not received by the voter. The voter may obtain
the ballot by telephone request, by mail, electronically, or in person. The
county auditor shall keep a record of each replacement ballot provided under
this subsection.
(3) ((A copy of the state voters’ pamphlet must be sent to registered
voters temporarily outside the state, out-of-state voters, overseas voters, and
service voters along with the absentee ballot if such a pamphlet has been prepared for the primary or election and is available to the county auditor at the
time of mailing.)) The county auditor shall mail all absentee ballots and
related material to voters outside the territorial limits of the United States and
the District of Columbia under 39 U.S.C. 3406. If candidate and ballot measure information is available on the web site of the county auditor or secretary of state, the county auditor shall provide the appropriate web site information with the ballot materials. [2009 c 415 § 6; 2004 c 271 § 134.]
Reviser’s note: RCW 29A.40.061 was amended twice during the 2009
legislative session, each without reference to the other. For rule of construc[Title 29A RCW—page 55]
29A.40.070
Title 29A RCW: Elections
tion concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
29A.40.070 Date ballots available, mailed. (1) Except
where a recount or litigation under RCW 29A.68.011 is
pending, the county auditor shall have sufficient absentee
ballots available for absentee voters of that county, other than
overseas voters and service voters, at least twenty days before
any primary, general election, or special election. The county
auditor must mail absentee ballots to each voter for whom the
county auditor has received a request nineteen days before
the primary or election at least eighteen days before the primary or election. For a request for an absentee ballot
received after the nineteenth day before the primary or election, the county auditor shall make every effort to mail ballots
within one business day, and shall mail the ballots within two
business days.
(2) At least thirty days before any primary, general election, or special election, the county auditor shall mail ballots
to all overseas and service voters. A request for a ballot made
by an overseas or service voter after that day must be processed immediately.
(3) Each county auditor shall certify to the office of the
secretary of state the dates the ballots prescribed in subsection (1) of this section were available and mailed.
(4) If absentee ballots will not be available or mailed as
prescribed in subsection (1) of this section, the county auditor
shall immediately certify to the office of the secretary of state
when absentee ballots will be available and mailed. Copies
of this certification must be provided to the county canvassing board, the press, jurisdictions with issues on the ballot in
the election, and any candidates.
(5) If absentee ballots were not available or mailed as
prescribed in subsection (1) of this section, for a reason other
than a recount or litigation, the county auditor, in consultation with the certification and training program of the office
of the secretary of state, shall submit a report to the office of
the secretary of state outlining why the deadline was missed
and what corrective actions will be taken in future elections
to ensure that absentee ballots are available and mailed as
prescribed in subsection (1) of this section.
(6) Failure to have absentee ballots available and mailed
as prescribed in subsection (1) of this section does not by
itself provide a basis for an election contest or other legal
challenge to the results of a primary, general election, or special election. [2006 c 344 § 13; 2004 c 266 § 13. Prior: 2003
c 162 § 2; 2003 c 111 § 1007; prior: 1987 c 54 § 1; 1977 ex.s.
c 361 § 56; 1965 ex.s. c 103 § 5; 1965 c 9 § 29.30.075; prior:
1949 c 161 § 10, part; 1947 c 234 § 2, part; 1935 c 26 § 1,
part; 1921 c 178 § 4, part; 1907 c 209 § 8, part; Rem. Supp.
1949 § 5185, part. Formerly RCW 29.36.270, 29.30.075.]
29A.40.070
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Policy—2003 c 162: "It is the policy of the state of Washington that
individuals voting absentee and mail ballots receive their ballots in a timely
and consistent manner before each election. Since many voters in Washington state have come to rely upon absentee and mail voting, mailing the ballots in a timely manner is critical in order to maximize participation by every
eligible voter." [2003 c 162 § 1.]
Additional notes found at www.leg.wa.gov
[Title 29A RCW—page 56]
29A.40.080 Delivery of ballot, qualifications for. The
delivery of an absentee ballot for any primary or election
shall be subject to the following qualifications:
(1) Only the registered voter personally, or a member of
the registered voter’s immediate family may pick up an
absentee ballot for the voter at the office of the issuing officer
unless the voter is a resident of a health care facility, as
defined by RCW 70.37.020(3), on election day and applies
by messenger for an absentee ballot. In this latter case, the
messenger may pick up the voter’s absentee ballot.
(2) Except as noted in subsection (1) of this section, the
issuing officer shall mail or deliver the absentee ballot
directly to each applicant. [2003 c 111 § 1008. Prior: 2001
c 241 § 7; 1984 c 27 § 2; 1965 c 9 § 29.36.035; prior: 1963
ex.s. c 23 § 4. Formerly RCW 29.36.280, 29.36.035.]
29A.40.080
29A.40.091 Envelopes and instructions. The county
auditor shall send each voter a ballot, a security envelope in
which to seal the ballot after voting, a larger envelope in
which to return the security envelope, and instructions on
how to mark the ballot and how to return it to the county auditor. The instructions that accompany a ballot for a partisan
primary must include instructions for voting the applicable
ballot style, as provided in chapter 29A.36 RCW. The
voter’s name and address must be printed on the larger return
envelope, which must also contain a declaration by the voter
reciting his or her qualifications and stating that he or she has
not voted in any other jurisdiction at this election, together
with a summary of the penalties for any violation of any of
the provisions of this chapter. The declaration must clearly
inform the voter that it is illegal to vote if he or she is not a
United States citizen; it is illegal to vote if he or she has been
convicted of a felony and has not had his or her voting rights
restored; and, except as otherwise provided by law, it is illegal to cast a ballot or sign a return envelope on behalf of
another voter. The return envelope must provide space for
the voter to indicate the date on which the ballot was voted
and for the voter to sign the oath. It must also contain a space
so that the voter may include a telephone number. A summary of the applicable penalty provisions of this chapter must
be printed on the return envelope immediately adjacent to the
space for the voter’s signature. The signature of the voter on
the return envelope must affirm and attest to the statements
regarding the qualifications of that voter and to the validity of
the ballot. The return envelope may provide secrecy for the
voter’s signature and optional telephone number. For overseas and service voters, the signed declaration on the return
envelope constitutes the equivalent of a voter registration for
the election or primary for which the ballot has been issued.
The voter must be instructed to either return the ballot to the
county auditor by whom it was issued or attach sufficient
first-class postage, if applicable, and mail the ballot to the
appropriate county auditor no later than the day of the election or primary for which the ballot was issued.
If the county auditor chooses to forward ballots, he or
she must include with the ballot a clear explanation of the
qualifications necessary to vote in that election and must also
advise a voter with questions about his or her eligibility to
contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed
directly on the ballot itself. If the information is not included,
29A.40.091
(2010 Ed.)
Absentee Voting
the envelope must clearly indicate that the ballot is not to be
forwarded and that return postage is guaranteed. [2010 c 125
§ 1; 2009 c 369 § 39; 2005 c 246 § 21; 2004 c 271 § 135.]
Effective date—2005 c 246: See note following RCW 10.64.140.
29A.40.100 Observers. County auditors must request
that observers be appointed by the major political parties to
be present during the processing of absentee ballots. The
absence of the observers will not prevent the processing of
absentee ballots if the county auditor has requested their presence. [2003 c 111 § 1010. Prior: 2001 c 241 § 9. Formerly
RCW 29.36.300.]
29A.40.100
29A.40.110 Processing incoming ballots. (1) The
opening and subsequent processing of return envelopes for
any primary or election may begin upon receipt. The tabulation of absentee ballots must not commence until after 8:00
p.m. on the day of the primary or election.
(2) All received absentee return envelopes must be
placed in secure locations from the time of delivery to the
county auditor until their subsequent opening. After opening
the return envelopes, the county canvassing board shall place
all of the ballots in secure storage until after 8:00 p.m. of the
day of the primary or election. Absentee ballots that are to be
tabulated on an electronic vote tallying system may be taken
from the inner envelopes and all the normal procedural steps
may be performed to prepare these ballots for tabulation.
(3) Before opening a returned absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature on the return envelope that contains the security envelope and absentee ballot.
All personnel assigned to verify signatures must receive
training on statewide standards for signature verification.
Personnel shall verify that the voter’s signature on the return
envelope is the same as the signature of that voter in the registration files of the county. Verification may be conducted
by an automated verification system approved by the secretary of state. For any absentee ballot, a variation between the
signature of the voter on the return envelope and the signature
of that voter in the registration files due to the substitution of
initials or the use of common nicknames is permitted so long
as the surname and handwriting are clearly the same.
(4) For registered voters casting absentee ballots, the
date on the return envelope to which the voter has attested
determines the validity, as to the time of voting for that
absentee ballot if the postmark is missing or is illegible. For
overseas voters and service voters, the date on the return
envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot. [2009 c
369 § 40. Prior: 2006 c 207 § 4; 2006 c 206 § 6; 2005 c 243
§ 5; 2003 c 111 § 1011; prior: 2001 c 241 § 10; 1991 c 81 §
32; 1987 c 346 § 14; 1977 ex.s. c 361 § 78; 1973 c 140 § 1;
1965 c 9 § 29.36.060; prior: 1963 ex.s. c 23 § 5; 1955 c 167
§ 7; 1955 c 50 § 2; prior: 1933 ex.s. c 41 § 5, part; 1921 c 143
§ 6, part; 1917 c 159 § 4, part; 1915 c 189 § 4, part; RRS §
5285, part. Formerly RCW 29.36.310, 29.36.060.]
29A.40.110
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
County canvassing board, meeting to process absentee ballots, canvass
returns: RCW 29A.60.160.
Unsigned absentee or provisional ballots: RCW 29A.60.165.
(2010 Ed.)
29A.40.150
Additional notes found at www.leg.wa.gov
29A.40.120 Report of count. The absentee ballots
must be reported at a minimum on a congressional and legislative district basis. Absentee ballots may be counted by congressional or legislative district or by individual precinct,
except as required under RCW 29A.60.230(2).
These returns must be added to the total of the votes cast
at the polling places. [2003 c 111 § 1012. Prior: 2001 c 241
§ 11; 1990 c 262 § 2; 1987 c 346 § 15; 1974 ex.s. c 73 § 2;
1965 c 9 § 29.36.070; prior: 1955 c 50 § 3; prior: 1933 ex.s.
c 41 § 5, part; 1921 c 143 § 6, part; 1917 c 159 § 4, part; 1915
c 189 § 4, part; RRS § 5285, part. Formerly RCW 29.36.320,
29.36.070.]
29A.40.120
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.40.130 Record of requests—Public access. Each
county auditor shall maintain in his or her office, open for
public inspection, a record of the requests he or she has
received for absentee ballots under this chapter.
The information from the requests shall be recorded and
lists of this information shall be available no later than
twenty-four hours after their receipt.
This information about absentee voters shall be available
according to the date of the requests and by legislative district. It shall include the name of each applicant, the address
and precinct in which the voter maintains a voting residence,
the date on which an absentee ballot was issued to this voter,
if applicable, the type of absentee ballot, and the address to
which the ballot was or is to be mailed, if applicable.
The auditor shall make copies of these records available
to the public for the actual cost of production or copying.
[2003 c 111 § 1013. Prior: 1991 c 81 § 33; 1987 c 346 § 17;
1973 1st ex.s. c 61 § 1. Formerly RCW 29.36.340,
29.36.097.]
29A.40.130
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Additional notes found at www.leg.wa.gov
29A.40.140 Challenges. The qualifications of any
absentee voter may be challenged before the voted ballot is
received. The board has the authority to determine the legality of any absentee ballot challenged under this section.
Challenged ballots must be handled in accordance with chapter 29A.08 RCW. [2006 c 320 § 8; 2003 c 111 § 1014. Prior:
2001 c 241 § 13; 1987 c 346 § 18; 1965 c 9 § 29.36.100;
prior: 1917 c 159 § 5; 1915 c 189 § 5; RRS § 5286. Formerly
RCW 29.36.350, 29.36.100.]
29A.40.140
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
29A.40.150 Overseas, service voters. The information
on the envelopes or instructions for overseas voters and service voters must explain that:
(1) Return postage is free if the ballot is mailed through
the United States postal service, United States armed forces
postal service, or the postal service of a United States foreign
embassy;
(2) The date of the signature is considered the date of
mailing;
29A.40.150
[Title 29A RCW—page 57]
Chapter 29A.44
Title 29A RCW: Elections
(3) The envelope must be signed by election day;
(4) The signed declaration on the envelope is the equivalent of voter registration;
(5) A voter may fax a voted ballot and the accompanying
envelope if the voter agrees to waive secrecy. The ballot will
be counted if the original documents are received before certification of the election; and
(6) A voter may obtain a ballot via electronic mail, which
the voter may print out, vote, and return by mail. In order to
facilitate the electronic acquisition of ballots by overseas and
service voters, the ballot instructions shall include the web
site of the office of the secretary of state. [2009 c 415 § 12;
2006 c 206 § 7; 2005 c 245 § 1; 2003 c 111 § 1015; 1993 c
417 § 7; 1987 c 346 § 19; 1983 1st ex.s. c 71 § 8. Formerly
RCW 29.36.360, 29.36.150.]
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Chapter 29A.44
Chapter 29A.44 RCW
POLLING PLACE ELECTIONS AND
POLL WORKERS
Sections
29A.44.045
29A.44.050
29A.44.060
29A.44.070
29A.44.080
29A.44.090
Interference with voter prohibited.
List of who has and who has not voted.
Taking papers into voting booth.
Official ballots—Vote only once—Incorrectly marked ballots.
Electronic voting devices—Paper records.
Ballot pick up, delivery, and transportation.
Voting booths.
Opening and closing polls.
Polls open continuously—Announcement of closing.
Double voting prohibited.
PROCEDURES
29A.44.110
29A.44.120
29A.44.130
29A.44.140
29A.44.150
29A.44.160
29A.44.170
29A.44.180
29A.44.190
29A.44.201
29A.44.205
29A.44.207
29A.44.210
29A.44.221
29A.44.225
29A.44.231
29A.44.240
29A.44.250
29A.44.260
29A.44.265
29A.44.270
29A.44.280
29A.44.290
Delivery of supplies.
Delivery of precinct lists to polls.
Additional supplies for paper ballots.
Voting and registration instructions and information.
Time for arrival of officers.
Inspection of voting equipment.
Flag.
Opening the polls.
Voting devices—Periodic examination.
Issuing ballot to voter—Challenge.
Identification required.
Provisional ballots.
Signature required—Procedure if voter unable to sign
name.
Casting vote.
Voter using electronic voting device.
Record of participation.
Disabled voters.
Tabulation of paper ballots before close of polls.
Voters in polling place at closing time.
Provisional ballot after polls close.
Unused ballots.
Duties of election officers after unused ballots secure.
Return of precinct lists after election—Public records.
POLL-SITE BALLOT COUNTING DEVICES
29A.44.310
29A.44.320
29A.44.330
29A.44.340
29A.44.350
Initialization.
Delivery and sealing.
Memory packs.
Incorrectly marked ballots.
Failure of device.
POLL WORKERS
29A.44.410
29A.44.420
29A.44.460
29A.44.470
29A.44.480
29A.44.490
29A.44.500
29A.44.510
29A.44.520
29A.44.530
Nomination.
Vacancies—How filled—Inspector’s authority.
One set of precinct election officers, exceptions—Counting
board—Receiving board.
Duties—Generally.
Application to other primaries or elections.
Inspector as chair—Authority.
Oaths of officers required.
Oath of inspectors, form.
Oath of judges, form.
Oath of clerks, form.
Compensation.
GENERAL PROVISIONS
29A.44.010 Interference with voter prohibited. No
person may interfere with a voter in any way within the polling place. This does not prevent the voter from receiving
assistance in preparing his or her ballot as provided in RCW
29A.44.240. [2003 c 111 § 1101. Prior: 1990 c 59 § 39;
1965 c 9 § 29.51.010; prior: 1907 c 130 § 2, part; 1889 p 408
§ 21, part; RRS § 5278, part. Formerly RCW 29.51.010.]
29A.44.010
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.020 List of who has and who has not voted.
At any election, general or special, or at any primary, any
political party or committee may designate a person other
than a precinct election officer, for each polling place to
check a list of registered voters of the precinct to determine
who has and who has not voted. The lists must be furnished
by the party or committee concerned. [2003 c 111 § 1102;
1977 ex.s. c 361 § 83; 1965 c 9 § 29.51.125. Prior: 1963
ex.s. c 24 § 1. Formerly RCW 29.51.125.]
29A.44.020
GENERAL PROVISIONS
29A.44.010
29A.44.020
29A.44.030
29A.44.040
29A.44.430
29A.44.440
29A.44.450
Appointment of judges and inspector.
Appointment of clerks—Party representation—Hour to
report.
[Title 29A RCW—page 58]
"Major political party" defined: RCW 29A.04.086.
Poll books—As public records—Copies to representatives of major political
parties: RCW 29A.08.720.
Additional notes found at www.leg.wa.gov
29A.44.030 Taking papers into voting booth. Any
voter may take into the voting booth or voting device any
printed or written material to assist in casting his or her vote.
The voter shall not use this material to electioneer and shall
remove the material when he or she leaves the polls or the
disability access voting location. [2004 c 267 § 317; 2003 c
111 § 1103. Prior: 1990 c 59 § 47; 1965 c 9 § 29.51.180;
prior: 1905 c 39 § 1, part; 1889 p 405 § 15, part; RRS § 5272,
part. Formerly RCW 29.51.180.]
29A.44.030
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.040 Official ballots—Vote only once—Incorrectly marked ballots. No ballots may be used in any polling place or disability access voting location other than those
prepared by the county auditor. No voter is entitled to vote
more than once at a primary or a general or special election,
except that if a voter incorrectly marks a ballot, he or she may
return it and be issued a new ballot. The precinct election
officers shall void the incorrectly marked ballot and return it
to the county auditor. [2004 c 267 § 318; 2003 c 111 § 1104.
Prior: 1990 c 59 § 48; 1965 c 9 § 29.51.190; prior: (i) 1889
p 410 § 25; RRS § 5290. (ii) 1935 c 26 § 3, part; 1921 c 177
§ 1, part; 1919 c 163 § 15, part; 1917 c 71 § 2, part; 1909 c 82
29A.44.040
(2010 Ed.)
Polling Place Elections and Poll Workers
§ 4, part; 1907 c 209 § 12, part; RRS § 5189, part. (iii) 1895
c 156 § 7, part; 1889 p 409 § 22, part; Code 1881 § 3079, part;
1865 p 34 § 4, part; RRS § 5279, part. (iv) 1915 c 114 § 7,
part; 1913 c 58 § 13, part; RRS § 5313, part. (v) 1905 c 39 §
1, part; 1889 p 405 § 15, part; RRS § 5272, part. Formerly
RCW 29.51.190.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.045
29A.44.045 Electronic voting devices—Paper
records. Paper records produced by electronic voting
devices are subject to all the requirements of this chapter and
chapter 29A.60 RCW for ballot handling, preservation, reconciliation, transit to the counting center, and storage. The
paper records must be preserved in the same manner and for
the same period of time as ballots. [2005 c 242 § 2.]
Preservation: RCW 29A.60.095.
Required: RCW 29A.12.085.
Unauthorized removal of paper record from polling place: RCW
29A.84.545.
29A.44.050
29A.44.050 Ballot pick up, delivery, and transportation. (1) At the direction of the county auditor, a team or
teams composed of a representative of at least two major
political parties shall stop at designated polling places and
pick up the sealed containers of voted, untallied ballots for
delivery to the counting center. There may be more than one
delivery from each polling place. Two precinct election officials, representing two major political parties, shall seal the
voted ballots in containers furnished by the county auditor
and properly identified with his or her address with uniquely
prenumbered seals.
(2) At the counting center or the collection stations
where the sealed ballot containers are delivered by the designated representatives of the major political parties, the county
auditor or a designated representative of the county auditor
shall receive the sealed ballot containers, record the time,
date, precinct name or number, and seal number of each ballot container. [2003 c 111 § 1105. Prior: 1999 c 158 § 10;
1990 c 59 § 31; 1977 ex.s. c 361 § 72. Formerly RCW
29.54.037, 29.34.157.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.44.060
29A.44.060 Voting booths. The county auditor shall
provide in each polling place a sufficient number of voting
booths or voting devices along with any supplies necessary to
enable the voter to mark or register his or her choices on the
ballot and within which the voters may cast their votes in
secrecy. [2003 c 111 § 1106. Prior: 1999 c 158 § 4; 1994 c
57 § 51; 1990 c 59 § 35; 1965 c 9 § 29.48.010; prior: 1907 c
130 § 2, part; 1889 p 408 § 21, part; RRS § 5278, part. Formerly RCW 29.48.010.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
29A.44.110
29A.44.070 Opening and closing polls. At all primaries and elections, general or special, in all counties the polls
must be kept open from seven o’clock a.m. to eight o’clock
p.m. All qualified electors who are at the polling place at
eight o’clock p.m., shall be allowed to cast their votes. [2003
c 111 § 1107. Prior: 1973 c 78 § 1; 1965 ex.s. c 101 § 13;
1965 c 9 § 29.13.080; prior: (i) 1921 c 61 § 7; RRS § 5149.
(ii) 1921 c 170 § 5; RRS § 5154. (iii) 1921 c 178 § 7; 1907 c
235 § 1; 1889 p 413 § 35; RRS § 5319. (iv) 1919 c 163 § 16,
part; 1907 c 209 § 17, part; RRS § 5194, part. Formerly
RCW 29.13.080.]
29A.44.070
District elections, hours, see particular districts.
Employer’s duty to provide time to vote: RCW 49.28.120.
29A.44.080 Polls open continuously—Announcement of closing. The polls for a precinct shall remain open
con tin uo us ly u n til the tim e sp ecified u nd er R CW
29A.44.070. At that time, the precinct election officers shall
announce that the polls for that precinct are closed. [2003 c
111 § 1108. Prior: 1990 c 59 § 50; 1965 c 9 § 29.51.240;
prior: 1919 c 163 § 16, part; 1907 c 209 § 17, part; RRS §
5194, part. Formerly RCW 29.51.240.]
29A.44.080
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.090 Double voting prohibited. A registered
voter shall not be allowed to vote in the precinct in which he
or she is registered at any election or primary for which that
voter has cast an absentee ballot. A registered voter who has
requested an absentee ballot for a primary or special or general election but chooses to vote at the voter’s precinct polling place in that primary or election shall cast a provisional
ballot. The canvassing board shall not count the ballot if it
finds that the voter has also voted by absentee ballot in that
primary or election. [2003 c 111 § 1109; 1987 c 346 § 13;
1965 c 9 § 29.36.050. Prior: 1955 c 167 § 6; prior: 1933
ex.s. c 41 § 4; 1921 c 143 § 5; RRS § 5284. Formerly RCW
29.51.185, 29.36.050.]
29A.44.090
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
PROCEDURES
29A.44.110 Delivery of supplies. No later than the day
before a primary or election, the county auditor shall provide
to the inspector or one of the judges of each precinct or to one
of the inspectors of a polling place where more than one precinct will be voting, all of the ballots, precinct lists of registered voters, and other supplies necessary for conducting the
election or primary. [2003 c 111 § 1110. Prior: 1990 c 59 §
36; 1977 ex.s. c 361 § 81; 1971 ex.s. c 202 § 40; 1965 c 9 §
29.48.030; prior: (i) 1921 c 178 § 8; Code 1881 § 3078; 1865
p 34 § 3; RRS § 5322. (ii) 1919 c 163 § 20, part; 1895 c 156
§ 9, part; 1889 p 411 § 28, part; RRS § 5293, part. (iii) 1907
c 209 § 20; RRS § 5196. (iv) 1913 c 138 § 29, part; RRS §
5425, part. (v) 1915 c 124 § 1; 1895 c 156 § 5; 1893 c 91 §
1; 1889 p 407 § 18; RRS § 5275. (vi) 1921 c 68 § 1, part;
RRS § 5320, part. (vii) 1895 c 156 § 6, part; 1889 p 407 § 20;
RRS § 5277, part. (viii) 1895 c 156 § 2, part; Code 1881 §
3074; 1865 p 32 § 8; RRS § 5164, part. (ix) 1905 c 39 § 1,
part; 1889 p 405 § 15, part; RRS § 5272, part. (x) 1935 c 20
29A.44.110
[Title 29A RCW—page 59]
29A.44.120
Title 29A RCW: Elections
§ 5, part; 1921 c 178 § 6, part; 1915 c 114 § 2, part; 1913 c 58
§ 7, part; RRS § 5306, part. (xi) 1854 p 67 § 16; No RRS.
(xii) 1854 p 67 § 17, part; No RRS. (xiii) 1915 c 114 § 7,
part; 1913 c 58 § 13, part; RRS § 5313, part. (xiv) 1915 c 14
§ 6, part; 1913 c 58 § 11, part; RRS § 5311, part. (xv) 1933 c
1 § 10, part; RRS § 5114-10, part. (xvi) Code 1881 § 3093,
part; RRS § 5338, part. (xvii) 1903 c 85 § 1, part; RRS §
3339, part. Formerly RCW 29.48.030.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.44.120 Delivery of precinct lists to polls. Upon
closing of the registration files preceding an election, the
county auditor shall deliver the precinct lists of registered
voters to the inspector or one of the judges of each precinct or
group of precincts located at the polling place before the polls
open. [2003 c 111 § 1111. Prior: 1994 c 57 § 19; 1971 ex.s.
c 202 § 21; 1965 c 9 § 29.07.170; prior: 1957 c 251 § 8; prior:
1933 c 1 § 10, part; RRS § 5114-10, part; prior: 1919 c 163
§ 11, part; 1915 c 16 § 13, part; 1905 c 171 § 4, part; 1889 p
417 § 13, part; RRS § 5131, part. Formerly RCW 29.07.170.]
29A.44.120
Additional notes found at www.leg.wa.gov
29A.44.130 Additional supplies for paper ballots. In
precincts where votes are cast on paper ballots, the following
supplies, in addition to those specified in RCW 29A.44.110,
must be provided:
(1) Two tally books in which the names of the candidates
will be listed in the order in which they appear on the sample
ballots and in each case have the proper party designation at
the head thereof;
(2) Two certificates or two sample ballots prepared as
blanks, for recording of the unofficial results by the precinct
election officers. [2003 c 111 § 1112; 1977 ex.s. c 361 § 82.
Formerly RCW 29.48.035.]
29A.44.130
Additional notes found at www.leg.wa.gov
29A.44.140 Voting and registration instructions and
information. (1) Each county auditor shall provide voting
and registration instructions, printed in large type, to be conspicuously displayed at each polling place and permanent
registration facility.
(2) The county auditor shall make information available
for deaf persons throughout the state by telecommunications.
[2003 c 111 § 1113. Prior: 1999 c 298 § 17; 1985 c 205 § 9.
Formerly RCW 29.57.130.]
voting. If the voting equipment is capable of direct tabulation
of each voter’s choices, the precinct election officers shall
verify that no votes have been registered for any issue or
office to be voted on at that primary or election. Any ballot
box shall be carefully examined by the judges of election to
determine that it is empty. The ballot box shall then be sealed
or locked. The ballot box shall not be opened before the certification of the primary or election except in the manner and
for the purposes provided under this title. [2003 c 111 §
1115. Prior: 1990 c 59 § 37; 1965 c 9 § 29.48.070; prior:
1854 p 67 § 17, part; No RRS. Formerly RCW 29.48.070.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.170 Flag. At all primaries and elections the flag
of the United States shall be conspicuously displayed in front
of each polling place. [2003 c 111 § 1116. Prior: 1965 c 9 §
29.48.090; prior: 1921 c 68 § 1, part; RRS § 5320, part. Formerly RCW 29.48.090.]
29A.44.170
29A.44.180 Opening the polls. The precinct election
officers, immediately before they start to issue ballots or permit a voter to vote, shall announce at the place of voting that
the polls for that precinct are open. [2003 c 111 § 1117.
Prior: 1990 c 59 § 38; 1965 c 9 § 29.48.100; prior: Code
1881 § 3077; 1865 p 34 § 2; RRS § 5321. Formerly RCW
29.48.100.]
29A.44.180
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.190 Voting devices—Periodic examination.
The precinct election officers shall periodically examine the
voting devices to determine if they have been tampered with.
[2003 c 111 § 1118. Prior: 1990 c 59 § 45; 1965 c 9 §
29.51.150; prior: 1915 c 114 § 7, part; 1913 c 58 § 13, part;
RRS § 5313, part. Formerly RCW 29.51.150.]
29A.44.190
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.140
Additional notes found at www.leg.wa.gov
29A.44.150 Time for arrival of officers. The precinct
election officers for each precinct shall meet at the designated
polling place at the time set by the county auditor. [2003 c
111 § 1114. Prior: 1977 ex.s. c 361 § 80; 1965 c 9 §
29.48.020; prior: 1957 c 195 § 6; prior: 1913 c 58 § 12, part;
RRS § 5312, part. Formerly RCW 29.48.020.]
29A.44.150
Additional notes found at www.leg.wa.gov
29A.44.160 Inspection of voting equipment. Before
opening the polls for a precinct, the voting equipment shall be
inspected to determine if it has been properly prepared for
29A.44.160
[Title 29A RCW—page 60]
29A.44.201 Issuing ballot to voter—Challenge. A
voter desiring to vote shall give his or her name to the precinct election officer who has the precinct list of registered
voters. This officer shall announce the name to the precinct
election officer who has the copy of the inspector’s poll book
for that precinct. If the right of this voter to participate in the
primary or election is not challenged, the voter must be
issued a ballot or permitted to enter a voting booth or to operate a voting device. For a partisan primary in a jurisdiction
using the physically separate ballot format, the voter must be
issued a nonpartisan ballot and each party ballot. The number of the ballot or the voter must be recorded by the precinct
election officers. If the right of the voter to participate is
challenged, RCW 29A.08.810 and 29A.08.820 apply to that
voter. [2004 c 271 § 136.]
29A.44.201
29A.44.205 Identification required. Any person desiring to vote at any primary or election is required to provide
identification to the election officer before signing the poll
book. The identification required in this section can be satisfied by providing a valid photo identification, such as a
driver’s license or state identification card, student identifica29A.44.205
(2010 Ed.)
Polling Place Elections and Poll Workers
tion card, or tribal identification card, a voter’s voter identification issued by a county elections officer, or a copy of a current utility bill, bank statement, paycheck, or government
check or other government document. Any individual who
desires to vote in person but cannot provide identification as
required by this section shall be issued a provisional ballot.
The secretary of state may adopt rules to carry out this
section. [2005 c 243 § 7.]
29A.44.207 Provisional ballots. Provisional ballots
must be issued, along with a provisional ballot outer envelope
and a security envelope, to voters as appropriate under RCW
29A.04.008. The provisional ballot outer envelope must
include a place for the voter’s name; registered address, both
present and former if applicable; date of birth; reason for the
provisional ballot; the precinct number and the precinct polling location at which the voter has voted; and a space for the
county auditor to list the disposition of the provisional ballot.
The provisional ballot outer envelope must also contain a
declaration as required for absentee ballot outer envelopes
under RCW 29A.40.091; a place for the voter to sign the
oath; and a summary of the applicable penalty provisions of
this chapter. The voter shall vote the provisional ballot in
secrecy and, when done, place the provisional ballot in the
security envelope, then place the security envelope into the
outer envelope, and return it to the precinct election official.
The election official shall ensure that the required information is completed on the outer envelope, have the voter sign it
in the appropriate space, and place the envelope in a secure
container. The official shall then give the voter written information advising the voter how to ascertain whether the vote
was counted and, if applicable, the reason why the vote was
not counted. [2005 c 243 § 6.]
29A.44.207
29A.44.210 Signature required—Procedure if voter
unable to sign name. Any person desiring to vote at any primary or election is required to sign his or her name on the
appropriate precinct list of registered voters. If the voter registered using a mark, or can no longer sign his or her name,
the election officers shall require the voter to be identified by
another registered voter.
The precinct election officers shall then record the
voter’s name. [2003 c 111 § 1120; 1990 c 59 § 41; 1971 ex.s.
c 202 § 41; 1967 ex.s. c 109 § 9; 1965 ex.s. c 156 § 5; 1965 c
9 § 29.51.060. Prior: 1933 c 1 § 24; RRS § 5114-24. Formerly RCW 29.51.060.]
29A.44.210
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Forms, secretary of state to design—Availability to public: RCW
29A.08.850.
Poll books—As public records—Copies furnished, uses restricted: RCW
29A.08.720.
29A.44.221 Casting vote. On signing the precinct list
of registered voters or being issued a ballot, the voter shall,
without leaving the polling place or disability access location,
proceed to one of the voting booths or voting devices to cast
his or her vote. When county election procedures so provide,
the election officers may tear off and retain the numbered
stub from the ballot before delivering it to the voter. If an
election officer has not already done so, when the voter has
29A.44.221
(2010 Ed.)
29A.44.250
finished, he or she shall either (1) remove the numbered stub
from the ballot, place the ballot in the ballot box, and return
the number to the election officers, or (2) deliver the entire
ballot to the election officers, who shall remove the numbered stub from the ballot and place the ballot in the ballot
box. For a partisan primary in a jurisdiction using the physically separate ballot format, the voter shall also return
unvoted party ballots to the precinct election officers, who
shall void the unvoted party ballots and return them to the
county auditor. If poll-site ballot counting devices are used,
the voter shall put the ballot in the device. [2004 c 271 §
137.]
29A.44.225 Voter using electronic voting device. A
voter voting on an electronic voting device may not leave the
device during the voting process, except to request assistance
from the precinct election officers, until the voting process is
completed. [2005 c 242 § 4.]
29A.44.225
29A.44.231 Record of participation. As each voter
casts his or her vote, the precinct election officers shall insert
in the poll books or precinct list of registered voters opposite
that voter’s name, a notation to credit the voter with having
participated in that primary or election. No record may be
made of a voter’s party affiliation in a partisan primary. The
precinct election officers shall record the voter’s name so that
a separate record is kept. [2004 c 271 § 138.]
29A.44.231
No link between voter and ballot choice: RCW 29A.08.161.
29A.44.240 Disabled voters. (1) Voting shall be secret
except to the extent necessary to assist sensory or physically
disabled voters.
(2) If any voter declares in the presence of the election
officers that because of sensory or physical disability he or
she is unable to register or record his or her vote, he or she
may designate a person of his or her choice or two election
officers from opposite political parties to enter the voting
machine booth with him or her and record his or her vote as
he or she directs.
(3) A person violating this section is guilty of a misdemeanor. [2003 c 111 § 1123; 2003 c 53 § 180; 1981 c 34 § 1;
1965 ex.s. c 101 § 17; 1965 c 9 § 29.51.200. Prior: (i) 1915
c 114 § 7, part; 1913 c 58 § 13, part; RRS § 5313, part. (ii)
1947 c 35 § 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947
§ 5298, part. Former law: 1901 c 135 § 6; 1889 p 410 § 26.
Formerly RCW 29.51.200.]
29A.44.240
Reviser’s note: This section was amended by 2003 c 53 § 180 and by
2003 c 111 § 1123, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Voters with disabilities, accessibility of polling places: Chapter 29A.16
RCW.
29A.44.250 Tabulation of paper ballots before close
of polls. (1) Paper ballots may be tabulated at the precinct
polling place before the closing of the polls. The tabulation
of ballots, paper or otherwise, shall be open to the public, but
no persons except those employed and authorized by the
29A.44.250
[Title 29A RCW—page 61]
29A.44.260
Title 29A RCW: Elections
county auditor may touch a ballot card or ballot container or
operate vote tallying equipment.
(2) The results of the tabulation of paper ballots at the
polls shall be delivered to the county auditor as soon as the
tabulation is complete. [2003 c 111 § 1124; 1990 c 59 § 54.
Formerly RCW 29.54.018.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Divulging ballot count: RCW 29A.84.730.
29A.44.260 Voters in polling place at closing time. If
at the time of closing the polls, there are any voters in the
polling place who have not voted, they shall be allowed to
vote after the polls have been closed. [2003 c 111 § 1125.
Prior: 1990 c 59 § 51; 1965 c 9 § 29.51.250; prior: 1919 c
163 § 16, part; 1907 c 209 § 17, part; RRS § 5194, part. Formerly RCW 29.51.250.]
29A.44.260
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.265 Provisional ballot after polls close. (1)
An individual who votes in an election for federal office as a
result of a federal or state court order or any other order
extending the time for closing the polls, may vote in that election only by casting a provisional ballot. As to court orders
extending the time for closing the polls, this section does not
apply to any voters who were present in the polling place at
the statutory closing time and as a result are permitted to vote
under RCW 29A.44.070. This section does not, by itself,
authorize any court to order that any individual be permitted
to vote or to extend the time for closing the polls, but this section is intended to comply with 42 U.S.C. Sec. 15482(c) with
regard to federal elections.
(2) Any ballot cast under subsection (1) of this section
must be separated and held apart from other provisional ballots cast by those not affected by the order. [2004 c 267 §
501.]
29A.44.265
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.44.270 Unused ballots. At each precinct immediately after the last qualified voter has cast his or her vote, the
precinct election officers shall render unusable and secure in
a container all unused ballots for that precinct and return
them to the county auditor. [2003 c 111 § 1126; 1990 c 59 §
52; 1977 ex.s. c 361 § 84; 1965 ex.s. c 101 § 6; 1965 c 9 §
29.54.010. Prior: 1893 c 91 § 2; RRS § 5332. Formerly
RCW 29.54.010.]
29A.44.270
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
devices. [2003 c 111 § 1127; 1990 c 59 § 53. Formerly RCW
29.54.015.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.290 Return of precinct lists after election—
Public records. The precinct list of registered voters for
each precinct or group of precincts delivered to the precinct
election officers for use on the day of an election held in that
precinct shall be returned by them to the county auditor upon
the completion of the count of the votes cast in the precinct at
that election. While in possession of the county auditor they
shall be open to public inspection under such reasonable rules
and regulations as may be prescribed therefor. [2003 c 111 §
1128. Prior: 1994 c 57 § 20; 1971 ex.s. c 202 § 22; 1965 c 9
§ 29.07.180; prior: 1933 c 1 § 8, part; RRS § 5114-8, part;
prior: 1919 c 163 § 7, part; 1915 c 16 § 7, part; 1905 c 171 §
3, part; 1901 c 135 § 3, part; 1893 c 45 § 2, part; 1889 p 415
§ 7, part; RRS § 5125, part. Formerly RCW 29.07.180.]
29A.44.290
Additional notes found at www.leg.wa.gov
POLL-SITE BALLOT COUNTING DEVICES
29A.44.310 Initialization. In precincts where poll-site
ballot counting devices are used the election officers, before
initializing the device for voting, shall proceed as follows:
(1) They shall see that the device is placed where it can
be conveniently attended by the election officers and conveniently operated by the voters;
(2) They shall see whether the number or other designating mark on the device’s seal agrees with the control number
provided by the elections department. If they do not agree
they shall at once notify the elections department and delay
initializing the device. The polls may be opened pending
reexamination of the device;
(3) If the numbers do agree, they shall proceed to initialize the device and see whether the public counter registers
"000." If the counter is found to register a number other than
"000," one of the judges shall at once set the counter at "000"
and confirm that the ballot box is empty;
(4) Before processing any ballots through a poll-site ballot counting device a zero report must be produced. The
inspector and at least one of the judges shall carefully verify
that zero ballots have been run through the poll-site ballot
counting device and that all vote totals for each office are
zero. If the totals are not zero, the inspector shall either reset
the device to zero or contact the elections department to reset
the device and allow voting to continue using the auxiliary or
emergency device. [2003 c 111 § 1129. Prior: 1999 c 158 §
6; 1965 c 9 § 29.48.080; prior: 1957 c 195 § 7; prior: 1913 c
58 § 12, part; RRS § 5312, part. Formerly RCW 29.48.080.]
29A.44.310
29A.44.320 Delivery and sealing. Whenever poll-site
ballot counting devices are used, the devices may either be
included with the supplies required in RCW 29A.44.110 or
they may be delivered to the polling place separately. All
poll-site ballot counting devices must be sealed with a unique
numbered seal at the time of final preparation and logic and
accuracy testing. A log must be made of all seal numbers and
device numbers used. [2003 c 111 § 1130. Prior: 1999 c 158
§ 5. Formerly RCW 29.48.045.]
29A.44.320
29A.44.280 Duties of election officers after unused
ballots secure. Immediately after the unused ballots are
secure, the precinct election officers shall count the number
of voted ballots and make a record of any discrepancy
between this number and the number of voters who signed
the poll book for that precinct or polling place, complete the
certifications in the poll book, prepare the ballots for transfer
to the counting center if necessary, and seal the voting
29A.44.280
[Title 29A RCW—page 62]
(2010 Ed.)
Polling Place Elections and Poll Workers
29A.44.330 Memory packs. The programmed memory
pack for each poll-site ballot counting device must be sealed
into the device during final preparation and logic and accuracy testing. Except in the case of a device breakdown, the
memory pack must remain sealed in the device until after the
polls have closed and all reports and telephonic or electronic
transfer of results are completed. After all reporting is complete the precinct election officers responsible for transferring the sealed voted ballots under RCW 29A.60.110 shall
ensure that the memory pack is returned to the elections
department. If the entire poll-site ballot counting device is
returned, the memory pack must remain sealed in the device.
If the poll-site ballot counting device is to remain at the polling place, the precinct election officer shall break the seal on
the device and remove the memory pack and seal and return
it along with the irregularly voted ballots and special ballots
to the elections department on election day. [2003 c 111 §
1131. Prior: 1999 c 158 § 11. Formerly RCW 29.54.093.]
29A.44.330
Results from poll-site ballot counting devices: RCW 29A.60.060.
29A.44.340 Incorrectly marked ballots. Each pollsite ballot counting device must be programmed to return all
blank ballots and overvoted ballots to the voter for private
reexamination. The election officer shall take whatever steps
are necessary to ensure that the secrecy of the ballot is maintained. The precinct election officer shall provide information and instruction on how to properly mark the ballot. The
voter may remark the original ballot, may request a new ballot under RCW 29A.44.040, or may choose to complete a
special ballot envelope and return the ballot as a special ballot. [2003 c 111 § 1132. Prior: 1999 c 158 § 7. Formerly
RCW 29.51.115.]
29A.44.340
29A.44.350 Failure of device. If a poll-site ballot
counting device fails to operate at any time during polling
hours or disability access voting hours, voting must continue,
and the ballots must be deposited for later tabulation in a
secure ballot compartment separate from the tabulated ballots. [2004 c 267 § 320; 2003 c 111 § 1133. Prior: 1999 c
158 § 8. Formerly RCW 29.51.155.]
29A.44.350
Effective dates—2004 c 267: See note following RCW 29A.08.010.
POLL WORKERS
29A.44.410 Appointment of judges and inspector.
(1) At least ten days prior to any primary or election, general
or special, the county auditor shall appoint one inspector and
two judges of election for each precinct (or each combination
of precincts temporarily consolidated as a single precinct for
that primary or election), other than those precincts designated as v ote-by -m a il pr e cin cts p urs uant to RCW
29A.48.010. Except as provided in subsection (3) of this section, the persons appointed shall be among those whose
names are contained on the lists furnished under RCW
29A.44.430 by the chairpersons of the county central committees of the political parties entitled to representation
thereon. Such precinct election officers, whenever possible,
should be residents of the precinct in which they serve.
(2) The county auditor may delete from the lists of
names submitted to the auditor by the chairpersons of the
29A.44.410
(2010 Ed.)
29A.44.420
county central committees under RCW 29A.44.430: (a) The
names of those persons who indicate to the auditor that they
cannot or do not wish to serve as precinct election officers for
the primary or election or who otherwise cannot so serve; and
(b) the names of those persons who lack the ability to conduct
properly the duties of an inspector or judge of election after
training in that proper conduct has been made available to
them by the auditor. The lists which are submitted to the
auditor in a timely manner under RCW 29A.44.430, less the
deletions authorized by this subsection, constitute the official
nomination lists for inspectors and judges of election.
(3) If the number of persons whose names are on the official nomination list for a political party is not sufficient to satisfy the requirements of subsection (4) of this section as it
applies to that political party or is otherwise insufficient to
provide the number of precinct election officials required
from that political party, the auditor shall notify the chair of
the party’s county central committee regarding the deficiency. The chair may, within five business days of being
notified by the auditor, add to the party’s nomination list the
names of additional persons belonging to that political party
who are qualified to serve on the election boards. To the
extent that, following this procedure, the number of persons
whose names appear on the official nomination lists of the
political parties is insufficient to provide the number of election inspectors and judges required for a primary or election,
the auditor may appoint a properly trained person whose
name does not appear on such a list as an inspector or judge
of election for a precinct.
(4) The county auditor shall designate the inspector and
one judge in each precinct from that political party which
polled the highest number of votes in the county for its candidate for president at the last preceding presidential election
and one judge from that political party polling the next highest number of votes in the county for its candidate for president at the same election. The provisions of this subsection
apply only if the number of names on the official nomination
list for inspectors and judges of election for a political party
is sufficient to satisfy the requirements imposed by this subsection.
(5) Except as provided in RCW 29A.44.440 for the filling of vacancies, this shall be the exclusive method for the
appointment of inspectors and judges to serve as precinct
election officers at any primary or election, general or special, and shall supersede the provisions of any and all other
statutes, whether general or special in nature, having different
requirements. [2003 c 111 § 1134; 1991 c 106 § 1; 1983 1st
ex.s. c 71 § 7; 1965 ex.s. c 101 § 1; 1965 c 9 § 29.45.010.
Prior: (i) 1935 c 165 § 2, part; RRS § 5147-1, part. (ii) Code
1881 § 3068, part; 1865 p 30 § 2, part; RRS § 5158, part. (iii)
1907 c 209 § 15, part; RRS § 5192, part. (iv) 1895 c 156 § 6,
part; 1889 p 407 § 20, part; RRS § 5277, part. (v) 1947 c 182
§ 1, part; Rem. Supp. 1947 § 5166-10, part; prior: 1945 c 164
§ 3, part; 1941 c 180 § 1, part; 1935 c 5 § 1, part; 1933 ex.s. c
29 § 1, part; prior: 1933 c 79 § 1, part; 1927 c 279 § 2, part;
1923 c 53 § 3, part; 1921 c 61 § 5, part; Rem. Supp. 1945 §
5147, part. Formerly RCW 29.45.010.]
29A.44.420 Appointment of clerks—Party representation—Hour to report. At the same time the officer having
jurisdiction of the election appoints the inspector and two
29A.44.420
[Title 29A RCW—page 63]
29A.44.430
Title 29A RCW: Elections
judges as provided in RCW 29A.44.410, he or she may
appoint one or more persons to act as clerks if in his or her
judgment such additional persons are necessary, except that
in precincts in which voting machines are used, the judges of
election shall perform the duties required to be performed by
clerks.
Each clerk appointed shall represent a major political
party. The political party representation of a single set of precinct election officers shall, whenever possible, be equal but,
in any event, no single political party shall be represented by
more than a majority of one at each polling place.
The election officer having jurisdiction of the election
may designate at what hour the clerks shall report for duty.
The hour may vary among the precincts according to the
judgment of the appointing officer. [2003 c 111 § 1135; 1965
ex.s. c 101 § 2; 1965 c 9 § 29.45.020. Prior: 1955 c 168 § 4;
prior: (i) 1915 c 114 § 4, part; 1913 c 58 § 9, part; RRS §
5308, part. (ii) 1895 c 156 § 1, part; Code 1881 § 3069, part;
1865 p 31 § 3, part; RRS § 5159, part. Formerly RCW
29.45.020.]
29A.44.430
29A.44.430 Nomination. The precinct committee
officer of each major political party shall certify to the
officer’s county chair a list of those persons belonging to the
officer’s political party qualified to act upon the election
board in the officer’s precinct.
By the first day of June each year, the chair of the county
central committee of each major political party shall certify
to the officer having jurisdiction of the election a list of those
persons belonging to the county chair’s political party in each
precinct who are qualified to act on the election board
therein.
The county chair shall compile this list from the names
certified by the various precinct committee officers unless no
names or not a sufficient number of names have been certified from a precinct, in which event the county chair may
include therein the names of qualified members of the county
chair’s party selected by the county chair. The county chair
shall also have the authority to substitute names of persons
recommended by the precinct committee officers if in the
judgment of the county chair such persons are not qualified to
serve as precinct election officers. [2003 c 111 § 1136; 1991
c 106 § 2; 1987 c 295 § 16; 1965 ex.s. c 101 § 3; 1965 c 9 §
29.45.030. Prior: (i) 1907 c 209 § 15, part; RRS § 5192, part.
(ii) 1935 c 165 § 2, part; RRS § 5147-1, part. Formerly
RCW 29.45.030.]
29A.44.440
29A.44.440 Vacancies—How filled—Inspector’s
authority. If no election officers have been appointed for a
precinct, or if at the hour for opening the polls none of those
appointed is present at the polling place therein, the voters
present may appoint the election board for that precinct. One
of the judges may perform the duties of clerk of election. The
inspector shall have the power to fill any vacancy that may
occur in the board of judges, or by absence or refusal to serve
of either of the clerks after the polls shall have been opened.
[2003 c 111 § 1137. Prior: 1965 c 9 § 29.45.040; prior: (i)
Code 1881 § 3075, part; 1865 p 32 § 9, part; RRS § 5165,
part. (ii) Code 1881 § 3068, part; 1865 p 30 § 2, part; RRS §
[Title 29A RCW—page 64]
5158, part. (iii) 1907 c 209 § 15, part; RRS § 5192, part. Formerly RCW 29.45.040.]
29A.44.450 One set of precinct election officers,
exceptions—Counting board—Receiving board. There
shall be but one set of election officers at any one time in each
precinct except as provided in this section.
In every precinct using paper ballots having two hundred
or more registered voters there shall be appointed, and in
every precinct having less than two hundred registered voters
there may be appointed, at a state primary or state general
election, two or more sets of precinct election officers as provided in RCW *29A.04.215 and 29A.44.410. The officer in
charge of the election may appoint one or more counting
boards at his or her discretion, when he or she decides that
because of a long or complicated ballot or because of the
number of expected voters, there is need of additional counting board or boards to improve the speed and accuracy of the
count.
In making such appointments, one or more sets of precinct election officers shall be designated as the counting
board or boards, the first of which shall consist of an inspector, two judges, and a clerk and the second set, if activated,
shall consist of two judges and two clerks. The duties of the
counting board or boards shall be the count of ballots cast and
the return of the election records and supplies to the officer
having jurisdiction of the election.
One set of precinct election officers shall be designated
as the receiving board which shall have all other powers and
duties imposed by law for such elections. Nothing in this section prevents the county auditor from appointing relief or
replacement precinct election officers at any time during
election day. Relief or replacement precinct election officers
must be of the same political party as the officer they are
relieving or replacing. [2003 c 111 § 1138; 1994 c 223 § 91;
1973 c 102 § 2; 1965 ex.s. c 101 § 4; 1965 c 9 § 29.45.050.
Prior: 1955 c 148 § 2; prior: (i) 1923 c 53 § 4, part; 1921 c
61 § 6, part; RRS § 5148, part. (ii) 1921 c 170 § 4, part; RRS
§ 5153, part. Formerly RCW 29.45.050.]
29A.44.450
*Reviser’s note: RCW 29A.04.215 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.216.
29A.44.460 Duties—Generally. The inspector and
judges of election in each precinct shall conduct the elections
therein and receive, deposit, and count the ballots cast thereat
and make returns to the proper canvassing board or officer
except that when two or more sets of precinct election officers are appointed as provided in RCW 29A.44.450, the ballots shall be counted by the counting board or boards as provided in RCW 29A.44.250, 29A.44.280, and 29A.84.730.
[2003 c 111 § 1139. Prior: 1990 c 59 § 74; 1973 c 102 § 3;
1965 ex.s. c 101 § 5; 1965 c 9 § 29.45.060; prior: 1955 c 148
§ 3; prior: (i) 1923 c 53 § 4, part; 1921 c 61 § 6, part; RRS §
5148, part. (ii) 1921 c 170 § 4, part; RRS § 5153, part. Formerly RCW 29.45.060.]
29A.44.460
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.44.470 Application to other primaries or elections. All of the provisions of RCW 29A.44.450 and
29A.44.460 relating to counting boards may be applied on an
29A.44.470
(2010 Ed.)
Disability Access Voting
29A.46.020
optional basis to any other primary or election, regular or special, at the discretion of the officer in charge of the election.
[2003 c 111 § 1140. Prior: 1973 c 102 § 5. Formerly RCW
29.45.065.]
any bet or wager on the result of this election." [2003 c 111
§ 1144. Prior: 1965 c 9 § 29.45.100; prior: Code 1881 §
3072; 1865 p 31 § 6; RRS § 5162. Formerly RCW
29.45.100.]
29A.44.480 Inspector as chair—Authority. The
inspector shall be the chair of the board and after its organization administer all necessary oaths that may be required in
the progress of the election. [2003 c 111 § 1141; 1965 c 9 §
29.45.070. Prior: Code 1881 § 3075, part; 1865 p 32 § 9,
part; RRS § 5165, part. Formerly RCW 29.45.070.]
29A.44.520 Oath of clerks, form. The following shall
be the form of the oath to be taken by the clerks:
"We, and each of us, A B, do swear (or affirm) that we
will impartially and truly write down the name of each elector
who votes at the ensuing election, and also the name of the
county and precinct wherein the elector resides; that we will
carefully and truly write down the number of votes given for
each candidate at the election as often as his name is read to
us by the inspector and in all things truly and faithfully perform our duty respecting the same to the best of our judgment
and abilities, and that we are not directly nor indirectly interested in any bet or wager on the result of this election." [2003
c 111 § 1145. Prior: 1965 c 9 § 29.45.110; prior: Code 1881
§ 3073; 1865 p 32 § 7; RRS § 5163. Formerly RCW
29.45.110.]
29A.44.480
29A.44.490 Oaths of officers required. The inspector,
judges, and clerks of election, before entering upon the duties
of their offices, shall take and subscribe the prescribed oath
or affirmation which shall be administered to them by any
person authorized to administer oaths and verified under the
hand of the person by whom such oath or affirmation is
administered. If no such person is present, the inspector shall
administer the same to the judges and clerks, and one of the
judges shall administer the oath to the inspector.
The county auditor shall furnish two copies of the proper
form of oath to each precinct election officer, one copy
thereof, after execution, to be placed and transmitted with the
election returns. [2003 c 111 § 1142. Prior: 1965 c 9 §
29.45.080; prior: (i) Code 1881 § 3070; 1865 p 31 § 4; RRS
§ 5160. (ii) 1895 c 156 § 2, part; Code 1881 § 3074, part;
1865 p 32 § 8, part; RRS § 5164, part. Formerly RCW
29.45.080.]
29A.44.490
29A.44.500 Oath of inspectors, form. The following
shall be the form of the oath or affirmation to be taken by
each inspector:
"I, A B, do swear (or affirm) that I will duly attend to the
ensuing election, during the continuance thereof, as an
inspector, and that I will not receive any ballot or vote from
any person other than such as I firmly believe to be entitled to
vote at such election, without requiring such evidence of the
right to vote as is directed by law; nor will I vexatiously delay
the vote of, or refuse to receive, a ballot from any person
whom I believe to be entitled to vote; but that I will in all
things truly, impartially, and faithfully perform my duty
therein to the best of my judgment and abilities; and that I am
not, directly nor indirectly, interested in any bet or wager on
the result of this election." [2003 c 111 § 1143. Prior: 1965
c 9 § 29.45.090; prior: Code 1881 § 3071; 1865 p 31 § 5;
RRS § 5161. Formerly RCW 29.45.090.]
29A.44.500
29A.44.510 Oath of judges, form. The following shall
be the oath or affirmation of each judge:
"We, A B, do swear (or affirm) that we will as judges
duly attend the ensuing election, during the continuance
thereof, and faithfully assist the inspector in carrying on the
same; that we will not give our consent to the receipt of any
vote or ballot from any person, other than one whom we
firmly believe to be entitled to vote at such election; and that
we will make a true and perfect return of the said election and
will in all things truly, impartially, and faithfully perform our
duty respecting the same to the best of our judgment and abilities; and that we are not directly nor indirectly interested in
29A.44.510
(2010 Ed.)
29A.44.520
29A.44.530 Compensation. The fees of officers of
election shall be as follows:
To the judges and clerks of an election not less than the
minimum hourly wage per hour as provided under RCW
49.46.020, the exact amount to be fixed by the respective
boards of county commissioners for each county. To inspectors, the rate paid to judges and clerks plus an additional two
hours’ compensation. The precinct election officer picking
up the election supplies and returning the election returns to
the county auditor shall be entitled to additional compensation, the exact amount to be determined by the respective
boards of county commissioners for each county. [2003 c
111 § 1146; 1971 ex.s. c 124 § 2; 1965 c 9 § 29.45.120. Prior:
1961 c 43 § 1; 1951 c 67 § 1; 1945 c 186 § 1; 1919 c 163 §
13; 1895 c 20 § 1; Code 1881 § 3151; 1866 p 8 § 9; 1865 p 52
§ 12; Rem. Supp. 1945 § 5166. See also 1907 c 209 § 15;
RRS § 5192. Formerly RCW 29.45.120.]
29A.44.530
Additional notes found at www.leg.wa.gov
Chapter 29A.46
Chapter 29A.46 RCW
DISABILITY ACCESS VOTING
Sections
29A.46.010
29A.46.020
29A.46.030
29A.46.110
29A.46.120
29A.46.130
29A.46.260
"Disability access voting location."
"Disability access voting period."
"In-person disability access voting."
When allowed—Multiple voting prevention.
Locations and hours.
Compliance with federal and state requirements.
Vote by mail impacts on voters with disabilities—Mitigation—Advisory committee, plan.
29A.46.010 "Disability access voting location." "Disability access voting location" means a location designated
by the county auditor for the conduct of in-person disability
access voting. [2004 c 267 § 301.]
29A.46.010
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.46.020 "Disability access voting period." "Disability access voting period" means the period of time start29A.46.020
[Title 29A RCW—page 65]
29A.46.030
Title 29A RCW: Elections
ing twenty days before an election until the day of the election. [2006 c 207 § 5; 2004 c 267 § 302.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.46.030 "In-person disability access voting." "Inperson disability access voting" means a procedure in which
a voter may come in person to a disability access location and
cast a ballot during the disability access voting period. [2004
c 267 § 303.]
29A.46.030
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.46.110 When allowed—Multiple voting prevention. In-person disability access voting must be available
starting twenty days before the day of a primary or election
and ending the day of the election. During this period, the
county auditor must make available a voting system certified
by the secretary of state for disability access. The auditor
shall maintain a system or systems to prevent multiple voting.
[2006 c 207 § 6; 2004 c 267 § 304.]
29A.46.110
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.46.120 Locations and hours. The county auditor
has sole discretion for determining locations within the
county and operating hours for disability access voting locations. [2004 c 267 § 305.]
(b) The locations of polling places, drop-off facilities,
voting centers, and other election-related functions necessary
to maximize accessibility to persons with disabilities;
(c) Outreach to voters with disabilities on the availability
of disability accommodation, including in-person disability
access voting;
(d) Transportation of voting devices to locations convenient for voters with disabilities in order to ensure reasonable
access for voters with disabilities; and
(e) Implementation of the provisions of the help America
vote act related to persons with disabilities.
Counties must update the plan at least annually. The
election review staff of the secretary of state shall review and
evaluate the plan in conformance with the review procedure
identified in RCW 29A.04.570.
(3) Counties may form a joint advisory committee to
develop the plan identified in subsection (2) of this section if
no more than one of the participating counties has a population greater than seventy thousand. [2010 c 215 § 5; 2006 c
207 § 7.]
Findings—2010 c 215: See note following RCW 50.40.071.
29A.46.120
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.46.130 Compliance with federal and state
requirements. In-person disability access voting must be
conducted using disability access voting devices at locations
that are acceptable and comply with federal and state access
requirements. [2004 c 267 § 306.]
29A.46.130
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.46.260 Vote by mail impacts on voters with disabilities—Mitigation—Advisory committee, plan. (1) The
legislature finds that the elimination of polling places resulting from the transition to vote by mail creates barriers that
restrict the ability of many voters with disabilities from
achieving the independence and privacy in voting provided
by the accessible voting devices required under the help
America vote act. Counties adopting a vote by mail system
must take appropriate steps to mitigate these impacts and to
address the obligation to provide voters with disabilities an
equal opportunity to vote independently and privately, to the
extent that this can be achieved without incurring undue
administrative and financial burden.
(2) Each county shall establish and maintain an advisory
committee that includes persons with diverse disabilities and
persons with expertise in providing accommodations for persons with disabilities. The committee shall assist election
officials in developing a plan to identify and implement
changes to improve the accessibility of elections for voters
with disabilities. The plan shall include recommendations for
the following:
(a) The number of polling places that will be maintained
in order to ensure that people with disabilities have reasonable access to accessible voting devices, and a written explanation for how the determination was made;
29A.46.260
[Title 29A RCW—page 66]
Chapter 29A.48
Chapter 29A.48 RCW
VOTING BY MAIL
Sections
29A.48.010
29A.48.020
29A.48.030
29A.48.040
29A.48.050
29A.48.060
Mail ballot counties and precincts.
Special elections.
Odd-year primaries.
Depositing ballots—Replacement ballots.
Return of voted ballot.
Ballot contents—Counting.
29A.48.010 Mail ballot counties and precincts. (1)
With express authorization from the county legislative
authority, the county auditor may conduct all primary, special, and general elections entirely by mail ballot. The county
legislative authority must give the county auditor at least
ninety days’ notice before the first election to be conducted
entirely by mail ballot. If the county legislative authority and
the county auditor decide to return to a polling place election
environment, the county legislative authority must give the
county auditor at least one hundred eighty days’ notice before
the first election to be conducted using polling places.
Authorization under this subsection must apply to all primary, special, and general elections conducted by the county
auditor.
(2) The county auditor may designate any precinct having fewer than two hundred active registered voters at the
time of closing of voter registration as provided in *RCW
29A.08.140 as a mail ballot precinct. Authorization from the
county legislative authority is not required to designate a precinct as a mail ballot precinct under this subsection. In determining the number of registered voters in a precinct for the
purposes of this section, persons who are ongoing absentee
voters under RCW 29A.40.040 shall not be counted. Nothing
in this section may be construed as altering the vote tallying
requirements of RCW 29A.60.230.
(3) The county auditor shall notify each registered voter
by mail that for all future primaries and elections the voting
will be by mail ballot only. The auditor shall mail each active
voter a ballot at least eighteen days before a primary, general
29A.48.010
(2010 Ed.)
Voting by Mail
election, or special election. The requirements regarding certification, reporting, and the mailing of overseas and military
ballots in RCW 29A.40.070 apply to elections conducted by
mail ballot.
(4) If the county legislative authority and county auditor
determine under subsection (1) of this section, or if the
county auditor determines under subsection (2) of this section, to return to a polling place election environment, the
auditor shall notify each registered voter, by mail, of this and
shall provide the address of the polling place to be used.
[2009 c 103 § 1; 2005 c 241 § 1; 2004 c 266 § 14. Prior: 2003
c 162 § 3; 2003 c 111 § 1201; prior: 2001 c 241 § 15; prior:
1994 c 269 § 1; 1994 c 57 § 48; 1993 c 417 § 1; 1983 1st ex.s.
c 71 § 1; 1974 ex.s. c 35 § 2; 1967 ex.s. c 109 § 6. Formerly
RCW 29.38.010, 29.36.120.]
*Reviser’s note: RCW 29A.08.140 was amended by 2009 c 369 § 15,
deleting references to "closing of voter registration."
29A.48.060
(3) For a ballot measure or nonpartisan office of a
county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town
involved.
The county auditor shall notify an election jurisdiction
for which a primary is to be held that the primary will be conducted by mail ballot.
A primary in an odd-numbered year may not be conducted by mail ballot in a precinct with two hundred or more
active registered voters if a partisan office or state office or
state ballot measure is to be voted upon at that primary in the
precinct.
To the extent they are not inconsistent with other provisions of law, the laws governing the conduct of mail ballot
special elections apply to nonpartisan primaries conducted by
mail ballot. [2003 c 111 § 1203. Prior: 2001 c 241 § 17.
Formerly RCW 29.38.030.]
Effective date—2004 c 266: See note following RCW 29A.04.575.
Policy—2003 c 162: See note following RCW 29A.40.070.
Additional notes found at www.leg.wa.gov
29A.48.020 Special elections. At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district
requesting the election pursuant to RCW *29A.04.320 or
29A.04.330 may also request that the special election be conducted by mail ballot. The county auditor may honor the
request or may determine that the election is not to be conducted by mail ballot. The decision of the county auditor in
this regard is final.
For all special elections not being held in conjunction
with a state primary or state general election where voting is
conducted by mail ballot, the county auditor shall, not less
than eighteen days before the date of such election, mail to
each registered voter a mail ballot. The auditor shall handle
inactive voters in the same manner as inactive voters in mail
ballot precincts. The requirements regarding certification,
reporting, and the mailing of overseas and military ballots in
**RCW 29.36.270 apply to mail ballot elections. [2004 c
266 § 15. Prior: 2003 c 162 § 4; 2003 c 111 § 1202; prior:
2001 c 241 § 16; 1994 c 57 § 49; 1993 c 417 § 2. Formerly
RCW 29.38.020, 29.36.121.]
29A.48.020
Reviser’s note: *(1) RCW 29A.04.320 was repealed by 2004 c 271 §
193. Later enactment, see RCW 29A.04.321.
**(2) RCW 29.36.270 was recodified as RCW 29A.40.070 by 2003 c
111 § 2401.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Policy—2003 c 162: See note following RCW 29A.40.070.
Additional notes found at www.leg.wa.gov
29A.48.030 Odd-year primaries. In an odd-numbered
year, the county auditor may conduct a primary or a special
election by mail ballot concurrently with the primary:
(1) For an office or ballot measure of a special purpose
district that is entirely within the county;
(2) For an office or ballot measure of a special purpose
district that lies in the county and one or more other counties
if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this
manner district-wide; and
29A.48.030
(2010 Ed.)
29A.48.040 Depositing ballots—Replacement ballots. (1) If a county auditor conducts an election by mail, the
county auditor shall designate one or more places for the
deposit of ballots not returned by mail. The places designated under this section shall be open on the date of the election for a period of thirteen hours, beginning at 7:00 a.m. and
ending at 8:00 p.m.
(2) A registered voter may obtain a replacement ballot as
provided in this subsection. A voter may request a replacement mail ballot in person, by mail, by telephone, or by other
electronic transmission for himself or herself and for any
member of his or her immediate family. The request must be
received by the auditor before 8:00 p.m. on election day. The
county auditor shall keep a record of each replacement ballot
issued, including the date of the request. Replacement mail
ballots may be counted in the final tabulation of ballots only
if the original ballot is not received by the county auditor and
the replacement ballot meets all requirements for tabulation
necessary for the tabulation of regular mail ballots. [2003 c
111 § 1204; 2001 c 241 § 18; 1983 1st ex.s. c 71 § 3. Formerly RCW 29.38.040, 29.36.124.]
29A.48.040
29A.48.050 Return of voted ballot. The voter shall
return the ballot to the county auditor in the return identification envelope. If mailed, a ballot must be postmarked not
later than the date of the primary or election. Otherwise, the
ballot must be deposited at the office of the county auditor or
the designated place of deposit not later than 8:00 p.m. on the
date of the primary or election. All personnel assigned to verify signatures on the return envelope must receive training on
statewide standards for signature verification. [2006 c 206 §
8; 2003 c 111 § 1205. Prior: 2001 c 241 § 19; 1993 c 417 §
4; 1983 1st ex.s. c 71 § 4. Formerly RCW 29.38.050,
29.36.126.]
29A.48.050
29A.48.060 Ballot contents—Counting. All mail ballots authorized by RCW 29A.48.010, 29A.48.020, or
29A.48.030 must contain the same offices, names of nominees or candidates, and propositions to be voted upon, including precinct offices, as if the ballot had been voted in person
at the polling place. Except as otherwise provided by law,
mail ballots must be treated in the same manner as absentee
29A.48.060
[Title 29A RCW—page 67]
Chapter 29A.52
Title 29A RCW: Elections
ballots issued at the request of the voter. If electronic vote
tallying devices are used, political party observers must be
given the opportunity to be present, and a test of the equipment must be performed as required by RCW 29A.12.130
before tabulating ballots. Political party observers may select
at random ballots to be counted manually as provided by
RCW 29A.60.170. [2003 c 111 § 1206; 2001 c 241 § 20;
1993 c 417 § 5; 1990 c 59 § 76; 1983 1st ex.s. c 71 § 5; 1967
ex.s. c 109 § 7. Formerly RCW 29.38.060, 29.36.130.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Chapter 29A.52
Chapter 29A.52 RCW
PRIMARIES AND ELECTIONS
Sections
GENERAL
29A.52.010
29A.52.011
29A.52.106
Elections to fill unexpired term—No primary, when.
Elections to fill unexpired term—No primary, when.
Intent.
PARTISAN PRIMARIES
29A.52.111
29A.52.112
29A.52.116
29A.52.121
29A.52.130
29A.52.141
29A.52.151
29A.52.161
Application of chapter—Exceptions.
Top two candidates—Party or independent preference.
Application of chapter—Exceptions.
General election laws govern primaries.
Blanket primary authorized.
Instructions.
Ballot format—Procedures.
One vote.
NONPARTISAN PRIMARIES
29A.52.210
29A.52.220
29A.52.231
29A.52.240
Local primaries.
When no local primary permitted—Procedure—Expiration
of subsection.
Nonpartisan offices specified.
Special election to fill unexpired term.
NOTICES AND CERTIFICATES
29A.52.311
29A.52.321
29A.52.330
29A.52.340
29A.52.351
29A.52.360
29A.52.370
Notice of primary.
Certification of nominees.
Constitutional amendments and state measures—Notice
method.
Constitutional amendments and state measures—Notice contents.
Notice of election.
Ceremonial certificates of election to officers elected in single county or less.
Certificates of election to other officers.
No link between voter and ballot choice: RCW 29A.08.161.
GENERAL
29A.52.010
29A.52.010 Elections to fill unexpired term—No primary, when.
Whenever it shall be necessary to hold a special election in an odd-numbered
year to fill an unexpired term of any office which is scheduled to be voted
upon for a full term in an even-numbered year, no primary election shall be
held in the odd-numbered year if, after the last day allowed for candidates to
withdraw, no more than two candidates have filed a declaration of candidacy
for a single office to be filled.
In this event, the officer with whom the declarations of candidacy were
filed shall immediately notify all candidates concerned and the names of the
candidates that would have been printed upon the primary ballot, but for the
provisions of this section, shall be printed as candidates for the positions
sought upon the general election ballot. [2005 c 2 § 13 (Initiative Measure
No. 872, approved November 2, 2004); 2003 c 111 § 1301. Prior: 1973 c 4
§ 3. Formerly RCW 29.15.150, 29.13.075.]
Reviser’s note: (1) RCW 29A.52.010 was amended by 2005 c 2 § 13
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
[Title 29A RCW—page 68]
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
29A.52.010
29A.52.010 Elections to fill unexpired term—No primary, when.
[2003 c 111 § 1301. Prior: 1973 c 4 § 3. Formerly RCW 29.15.150,
29.13.075.] Repealed by 2004 c 271 § 193.
Reviser’s note: (1) RCW 29A.52.010 was amended by 2005 c 2 § 13
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.52.011 Elections to fill unexpired term—No primary, when. Whenever it shall be necessary to hold a special election in an odd-numbered year to fill an unexpired
term of any office which is scheduled to be voted upon for a
full term in an even-numbered year, no primary election shall
be held in the odd-numbered year if, after the last day allowed
for candidates to withdraw, either of the following circumstances exist:
(1) No more than one candidate of each qualified political party has filed a declaration of candidacy for the same
partisan office to be filled; or
(2) No more than two candidates have filed a declaration
of candidacy for a single nonpartisan office to be filled.
In either event, the officer with whom the declarations of
candidacy were filed shall immediately notify all candidates
concerned and the names of the candidates that would have
been printed upon the primary ballot, but for the provisions of
this section, shall be printed as nominees for the positions
sought upon the November general election ballot. [2006 c
344 § 14; 2004 c 271 § 172.]
29A.52.011
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
29A.52.106 Intent. It is the intent of the legislature to
create a primary for all partisan elected offices, except for
president and vice president, precinct committee officer, and
offices exempted from the primary under *RCW
29A.52.011, that:
(1) Allows each voter to participate;
(2) Preserves the privacy of each voter’s party affiliation;
(3) Rejects mandatory voter registration by political
party;
(4) Protects ballot access for all candidates, including
minor political party and independent candidates;
(5) Maintains a candidate’s right to self-identify with any
major political party; and
(6) Upholds a political party’s First Amendment right of
association. [2004 c 271 § 140.]
29A.52.106
*Reviser’s note: Offices exempted from partisan primaries are found
in RCW 29A.52.111.
PARTISAN PRIMARIES
29A.52.111 Application of chapter—Exceptions.
Candidates for the following offices shall be nominated at
partisan primaries held pursuant to the provisions of this
chapter:
29A.52.111
(2010 Ed.)
Primaries and Elections
(1) Congressional offices;
(2) All state offices except (a) judicial offices and (b) the
office of superintendent of public instruction;
(3) All county offices except (a) judicial offices and (b)
those offices where a county home rule charter provides otherwise. [2004 c 271 § 173.]
29A.52.112 Top two candidates—Party or independent preference. (1) A primary is a first stage in the public
process by which voters elect candidates to public office.
(2) Whenever candidates for a partisan office are to be
elected, the general election must be preceded by a primary
conducted under this chapter. Based upon votes cast at the
primary, the top two candidates will be certified as qualified
to appear on the general election ballot, unless only one candidate qualifies as provided in *RCW 29A.36.170.
(3) For partisan office, if a candidate has expressed a
party or independent preference on the declaration of candidacy, then that preference will be shown after the name of the
candidate on the primary and general election ballots by
appropriate abbreviation as set forth in rules of the secretary
of state. A candidate may express no party or independent
preference. Any party or independent preferences are shown
for the information of voters only and may in no way limit the
options available to voters. [2005 c 2 § 7 (Initiative Measure
No. 872, approved November 2, 2004).]
29A.52.151
*Reviser’s note: Offices exempted from partisan primaries are found
in RCW 29A.52.111.
29A.52.121 General election laws govern primaries.
So far as applicable, the provisions of this title relating to
conducting general elections govern the conduct of primaries. [2004 c 271 § 143.]
29A.52.121
29A.52.112
Reviser’s note: *(1) RCW 29A.36.170 was repealed by 2004 c 271 §
193 and was subsequently amended by 2005 c 2 § 6 (Initiative Measure No.
872). Later enactment, see RCW 29A.36.171.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—2005 c 2 (Initiative Measure No. 872): "This act may be
known and cited as the People’s Choice Initiative of 2004." [2005 c 2 § 1
(Initiative Measure No. 872, approved November 2, 2004).]
Intent—2005 c 2 (Initiative Measure No. 872): "The Washington
Constitution and laws protect each voter’s right to vote for any candidate for
any office. The Washington State Supreme Court has upheld the blanket primary as protecting compelling state interests "allowing each voter to keep
party identification, if any, secret; allowing the broadest possible participation in the primary election; and giving each voter a free choice among all
candidates in the primary." Heavey v. Chapman, 93 Wn.2d 700, 705, 611
P.2d 1256 (1980). The Ninth Circuit Court of Appeals has threatened this
system through a decision, that, if not overturned by the United States
Supreme Court, may require change. In the event of a final court judgment
invalidating the blanket primary, this People’s Choice Initiative will become
effective to implement a system that best protects the rights of voters to make
such choices, increases voter participation, and advances compelling interests of the state of Washington." [2005 c 2 § 2 (Initiative Measure No. 872,
approved November 2, 2004).]
Contingent effective date—2005 c 2 (Initiative Measure No. 872):
"This act takes effect only if the Ninth Circuit Court of Appeals’ decision in
Democratic Party of Washington State v. Reed, 343 F.3d 1198 (9th Cir.
2003) holding the blanket primary election system in Washington state
invalid becomes final and a Final Judgment is entered to that effect." [2005
c 2 § 18 (Initiative Measure No. 872, approved November 2, 2004).]
Reviser’s note: On February 28, 2004, the United States Supreme
Court refused to take the case on appeal; therefore the Ninth Circuit’s decision stands.
29A.52.116 Application of chapter—Exceptions.
Major political party candidates for all partisan elected
offices, except for president and vice president, precinct committee officer, and offices exempted from the primary under
*RCW 29A.52.011, must be nominated at primaries held
under this chapter. [2004 c 271 § 139.]
29A.52.116
(2010 Ed.)
29A.52.130 Blanket primary authorized. Except as
provided otherwise in chapter 29A.56 RCW, all properly registered voters may vote for their choice at any primary held
under this title, for any candidate for each office, regardless
of political affiliation and without a declaration of political
faith or adherence on the part of the voter. [2003 c 111 §
1304. Prior: 1990 c 59 § 88; 1965 c 9 § 29.18.200; prior:
1935 c 26 § 5, part; No RRS. Formerly RCW 29.18.200.]
29A.52.130
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.52.141 Instructions. Instructions for voting a consolidated ballot or a physically separate ballot, whichever is
applicable, must appear, at the very least, in:
(1) Any primary voters’ pamphlet prepared by the secretary of state or a local government if a partisan office will
appear on the ballot;
(2) Instructions that accompany any partisan primary
ballot;
(3) Any notice of a partisan primary published in compliance with RCW 29A.52.311;
(4) A sample ballot prepared by a county auditor under
RCW 29A.36.151 for a partisan primary;
(5) The web site of the office of the secretary of state and
any existing web site of a county auditor’s office; and
(6) Every polling place. [2004 c 271 § 141.]
29A.52.141
29A.52.151 Ballot format—Procedures. (1) Under a
consolidated ballot format:
(a) A voter’s affiliation with a major political party is
inferred from either selecting only that party in the check-off
box, or voting only for candidates of that political party in
partisan races;
(b) A vote cast for a major political party candidate will
only be tabulated and reported if cast by a voter who affiliated with that same major political party;
(c) A vote cast for a major political party candidate by a
voter who affiliated with a different major political party may
not be tabulated or reported;
(d) A vote cast for a major political party candidate by a
voter who affiliated with more than one major political party
may not be tabulated or reported; and
(e) A vote properly cast may not be affected by votes
improperly cast for other races.
(2) Under a physically separate ballot format:
(a) Only one party ballot and one nonpartisan ballot may
be voted;
(b) If more than one party ballot is voted, none of the ballots may be tabulated or reported;
(c) A voter’s affiliation with a major political party is
inferred from the act of voting the party ballot for that major
political party; and
29A.52.151
[Title 29A RCW—page 69]
29A.52.161
Title 29A RCW: Elections
(d) Every eligible registered voter may vote a nonpartisan ballot. [2007 c 38 § 4; 2004 c 271 § 142.]
29A.52.161 One vote. Nothing in this chapter may be
construed to mean that a voter may cast more than one vote
for candidates for a given office. [2004 c 271 § 144.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.52.161
NONPARTISAN PRIMARIES
29A.52.210 Local primaries. All city and town primaries shall be nonpartisan. Primaries for special purpose districts, except those districts that require ownership of property within the district as a prerequisite to voting, shall be
nonpartisan. City, town, and district primaries shall be held
as provided in *RCW 29A.04.310.
The purpose of this section is to establish the holding of
a primary, subject to the exemptions in RCW 29A.52.220, as
a uniform procedural requirement to the holding of city,
town, and district elections. These provisions supersede any
and all other statutes, whether general or special in nature,
having different election requirements. [2003 c 111 § 1305.
Prior: 1990 c 59 § 89; 1977 c 53 § 3; 1975-’76 2nd ex.s. c
120 § 1; 1965 c 123 § 7; 1965 c 9 § 29.21.010; prior: 1951 c
257 § 7; 1949 c 161 § 3; Rem. Supp. 1949 § 5179-1. Formerly RCW 29.21.010.]
29A.52.210
29A.52.231 Nonpartisan offices specified. The offices
of superintendent of public instruction, justice of the supreme
court, judge of the court of appeals, judge of the superior
court, and judge of the district court shall be nonpartisan and
the candidates therefor shall be nominated and elected as
such.
All city, town, and special purpose district elective
offices shall be nonpartisan and the candidates therefor shall
be nominated and elected as such. [2004 c 271 § 174.]
29A.52.231
29A.52.240 Special election to fill unexpired term.
Whenever it is necessary to hold a special election to fill an
unexpired term of an elective office of any city, town, or district, the special election must be held in concert with the next
general election that is to be held by the respective city, town,
or district concerned for the purpose of electing officers to
full terms. This section does not apply to any city of the first
class whose charter provision relating to elections to fill
unexpired terms are inconsistent with this section. [2003 c
111 § 1308; 1972 ex.s. c 61 § 7. Formerly RCW 29.21.410]
29A.52.240
Additional notes found at www.leg.wa.gov
*Reviser’s note: RCW 29A.04.310 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.311.
NOTICES AND CERTIFICATES
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.52.311 Notice of primary. Not more than ten nor
less than three days before the primary the county auditor
shall publish notice of such primary in one or more newspapers of general circulation within the county. The notice
must contain the proper party designations, the names and
addresses of all persons who have filed a declaration of candidacy to be voted upon at that primary, instructions for voting the applicable ballot, as provided in chapter 29A.36
RCW, the hours during which the polls will be open, and the
polling places for each precinct, giving the address of each
polling place. The names of all candidates for nonpartisan
offices must be published separately with designation of the
offices for which they are candidates but without party designation. This is the only notice required for the holding of any
primary. [2004 c 271 § 145.]
Additional notes found at www.leg.wa.gov
29A.52.220 When no local primary permitted—Procedure—Expiration of subsection. (1) No primary may be
held for any single position in any city, town, district, or district court, as required by RCW 29A.52.210, if, after the last
day allowed for candidates to withdraw, there are no more
than two candidates filed for the position. The county auditor
shall, as soon as possible, notify all the candidates so affected
that the office for which they filed will not appear on the primary ballot.
(2) No primary may be held for nonpartisan offices in
any first-class city if the city:
(a) Is a qualifying city that has been certified to participate in the pilot project authorized by RCW 29A.53.020; and
(b) Is conducting an election using the instant runoff voting method for the pilot project authorized by RCW
29A.53.020.
(c) This subsection (2) expires July 1, 2013.
(3) No primary may be held for the office of commissioner of a park and recreation district or for the office of
cemetery district commissioner.
(4) Names of candidates for offices that do not appear on
the primary ballot shall be printed upon the general election
ballot in the manner specified by RCW 29A.36.131. [2005 c
153 § 10; 2003 c 111 § 1306. Prior: 1998 c 19 § 1; 1996 c
324 § 1; 1990 c 59 § 90; 1975-’76 2nd ex.s. c 120 § 2; 1965 c
9 § 29.21.015; prior: 1955 c 101 § 2; 1955 c 4 § 1. Formerly
RCW 29.21.015.]
29A.52.220
Captions not law—Severability—2005 c 153: See RCW 29A.53.901
and 29A.53.902.
[Title 29A RCW—page 70]
29A.52.311
29A.52.321 Certification of nominees. No later than
the day following the certification of the returns of any primary, the secretary of state shall certify to the appropriate
county auditors the names of all persons nominated for
offices at a primary, or at an independent candidate or minor
party convention. [2004 c 271 § 146.]
29A.52.321
29A.52.330 Constitutional amendments and state
measures—Notice method. Subject to the availability of
funds appropriated specifically for that purpose, the secretary
of state shall publish notice of the proposed constitutional
amendments and other state measures that are to be submitted
to the people at a state general election up to four times during the four weeks immediately preceding that election in
every legal newspaper in the state. The secretary of state
shall supplement this publication with an equivalent amount
of radio and television advertisements. [2003 c 111 § 1311.
29A.52.330
(2010 Ed.)
Instant Runoff Voting Pilot Project
Prior: 1997 c 405 § 1; 1967 c 96 § 1; 1965 c 9 § 29.27.072;
prior: 1961 c 176 § 1. Formerly RCW 29.27.072.]
29A.52.340 Constitutional amendments and state
measures—Notice contents. The newspaper and broadcast
notice required by Article XXIII, section 1, of the state Constitution and RCW 29A.52.330 may set forth all or some of
the following information:
(1) A legal identification of the state measure to be voted
upon.
(2) The official ballot title of such state measure.
(3) A brief statement explaining the constitutional provision or state law as it presently exists.
(4) A brief statement explaining the effect of the state
measure should it be approved.
(5) The total number of votes cast for and against the
measure in both the state senate and house of representatives.
No individual candidate or incumbent public official
may be referred to or identified in these notices or advertisements. [2003 c 111 § 1312. Prior: 1997 c 405 § 2; 1967 c 96
§ 2; 1965 c 9 § 29.27.074; prior: 1961 c 176 § 2. Formerly
RCW 29.27.074.]
29A.52.340
29A.52.351 Notice of election. Except as provided in
RCW 29A.32.260, notice for any state, county, district, or
municipal election, whether special or general, must be given
by at least one publication not more than ten nor less than
three days before the election by the county auditor or the
officer conducting the election as the case may be, in one or
more newspapers of general circulation within the county.
The legal notice must contain the title of each office under the
proper party designation, the names and addresses of all
officers who have been nominated for an office to be voted
upon at that election, together with the ballot titles of all measures, the hours during which the polls will be open, and the
polling places for each precinct, giving the address of each
polling place. The names of all candidates for nonpartisan
offices must be published separately with designation of the
offices for which they are candidates but without party designation. This is the only notice required for a state, county,
district, or municipal general or special election and supersedes the provisions of any and all other statutes, whether
general or special in nature, having different requirements for
the giving of notice of any general or special elections. [2004
c 271 § 175.]
29A.52.351
29A.52.360 Ceremonial certificates of election to
officers elected in single county or less. Immediately after
the ascertainment of the result of an election for an office to
be filled by the voters of a single county, or of a precinct, or
of a constituency within a county for which the county auditor serves as supervisor of elections, the county auditor shall
notify the person elected, and issue to the person a ceremonial certificate of election. [2007 c 374 § 2; 2003 c 111 §
1314; 1965 c 9 § 29.27.100. Prior: 1961 c 130 § 8; prior:
Code 1881 § 3096, part; 1866 p 6 § 2, part; 1865 p 39 § 7,
part; RRS § 5343, part. Formerly RCW 29.27.100.]
29A.52.360
29A.52.370 Certificates of election to other officers.
Except as provided in the state Constitution, the governor
29A.52.370
(2010 Ed.)
29A.53.020
shall issue certificates of election to those elected as senator
or representative in the Congress of the United States and to
state offices. The secretary of state shall issue certificates of
election to those elected to the office of judge of the superior
court in judicial districts comprising more than one county
and to those elected to either branch of the state legislature in
legislative districts comprising more than one county. [2003
c 111 § 1315; 1965 c 9 § 29.27.110. Prior: (i) 1933 c 92 § 1;
RRS § 5343-1. (ii) Code 1881 § 3100, part; No RRS. Formerly RCW 29.27.110.]
Judges of their own election and qualification—Quorum: State Constitution
Art. 2 § 8.
Returns of elections, canvass, etc.: State Constitution Art. 3 § 4.
Chapter 29A.53 RCW
INSTANT RUNOFF VOTING PILOT PROJECT
Chapter 29A.53
Sections
29A.53.010
29A.53.020
29A.53.030
29A.53.040
29A.53.050
29A.53.060
29A.53.070
29A.53.080
29A.53.090
29A.53.900
29A.53.901
29A.53.902
Finding—Intent.
Participant qualifications, procedures, report.
Definitions.
Application of election laws.
Tabulation of ballots—Counting stages.
Voting conditions and limitations.
Local option authorized.
Ballot specifications and directions to voters.
Changes in voting devices and counting methods.
Expiration date.
Captions not law—2005 c 153.
Severability—2005 c 153.
29A.53.010 Finding—Intent. (Expires July 1, 2013.)
(1) The legislature finds that it is in the public interest to
examine the use of a voting system that requires all victorious
candidates to be elected with a majority vote rather than a
plurality of effective votes, and that allows voters to designate secondary and other preferences for potential tabulation
if their first choice candidate does not receive a majority of
the votes cast. The legislature recognizes that the system
known as instant runoff voting achieves these purposes.
(2) The legislature wishes to examine whether voter
interest and participation in elections will increase when
instant runoff voting, a voting method that promotes additional voter choices and a more meaningful recognition of all
voter selections, is used to elect nonpartisan candidates. The
legislature declares that it is in the interest of participatory
democracy for voters to be given the opportunity to vote for
their first choice candidate while still making effective secondary choices among the remaining candidates.
(3) The legislature therefore intends to authorize a limited pilot project to study the effects of using instant runoff
voting as a local option for nonpartisan offices in any qualifying city. [2005 c 153 § 1.]
29A.53.010
29A.53.020 Participant qualifications, procedures,
report. (Expires July 1, 2013.) The legislature intends to
establish an instant runoff voting pilot project to be completed by willing state and local election administrators in
full partnership and cooperation.
If the county auditor of a county containing any city that
has demonstrated support for instant runoff voting, as provided by subsection (1)(c) of this section, provides written
notification of pilot project participation to the secretary of
29A.53.020
[Title 29A RCW—page 71]
29A.53.030
Title 29A RCW: Elections
state by January 1, 2007, the secretary of state shall conduct a
pilot project to examine the use of instant runoff voting as a
local option for nonpartisan offices in any qualifying city in
that county. Following the timely receipt by the secretary of
state of the written notification, the pilot project must begin
by August 1, 2008, and conclude no later than July 1, 2013.
(1) For the purposes of this chapter, a qualifying city
must:
(a) Be classified as a first-class city as defined by chapter
35.22 RCW;
(b) Have a population greater than one hundred forty
thousand and less than two hundred thousand as of July 24,
2005, as determined by the office of financial management;
and
(c) Have demonstrated support for instant runoff voting
by approving a city charter amendment authorizing the city
council to use instant runoff voting for the election of city
officers.
(2)(a) Following the timely receipt by the secretary of
state of a notification of participation from a county auditor,
and in accordance with the provisions of this section, the secretary of state shall certify at least one city in that county to
qualify and participate in the pilot project. Only a qualifying
city or cities certified for participation by the secretary of
state may participate in the pilot project.
(b) The county auditor of a county containing a qualifying and certified city who has submitted a timely notification
of participation shall participate in the pilot project.
(3) Elections conducted under the instant runoff voting
method for the pilot project must comply with this chapter
and may be held only on the dates specified by RCW
29A.04.330(1).
(4) For the purpose of implementing this chapter, the
secretary of state shall develop and adopt:
(a) Rules governing the conduct of instant runoff voting
elections; and
(b) A pilot project timeline. The secretary of state may
consult with appropriate local officials to develop this timeline. The timeline is subject to review and modification by
the secretary of state, as necessary.
(5) All election equipment and related processes shall be
certified by the secretary of state before an election may be
conducted under the instant runoff voting method.
(6) The secretary of state shall submit a report of findings to the appropriate committees of the legislature by July
1, 2013, that includes, but is not limited to:
(a) An assessment of all elections conducted using the
instant runoff voting method;
(b) Recommendations for statutory, rule, and local voting procedural modifications that would be required prior to
implementing instant runoff voting as a permanent alternative election method for special and general elections;
(c) An inventory of available election equipment necessary for conducting elections under the instant runoff method,
including costs associated with the equipment; and
(d) Any recommendations from any city legislative body
or county auditor participating in this pilot project. [2005 c
153 § 2.]
[Title 29A RCW—page 72]
29A.53.030 Definitions. (Expires July 1, 2013.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Candidates who remain" means all candidates who
have not been eliminated at a previous stage.
(2) "Choice" means an indication on a ballot of a voter’s
ranking of candidates for any single office according to the
voter’s preference.
(3) "Continuing ballot" means a ballot that is not
exhausted.
(4) "Exhausted ballot" means a ballot on which all indicated choices have become votes for the candidates so designated or when the ballot contains only choices for eliminated
candidates.
(5) "Instant runoff voting" means a system of voting in
which voters may designate as many as three candidates for
the same office in order of preference by indicating a first
choice, a second choice, and a third choice.
(6) "Last place candidate" means a candidate who has
received the fewest votes among the candidates who remain
at any stage. Two or more candidates simultaneously
become last place candidates when their combined votes are
equal to or fewer than all votes for the candidate with the
third highest vote total.
(7) "Next choice" means the highest ranked choice for a
remaining candidate that has not become a vote at a previous
stage.
(8) "Remaining candidate" means a candidate who has
not been eliminated.
(9) "Stage" or "stage in the counting" means a step in the
counting process during which votes for all remaining candidates are tabulated for the purpose of determining whether a
candidate has achieved a majority of the votes cast for a particular office, and, absent a majority, which candidate or candidates must be eliminated.
(10) "Vote" means a ballot choice that is counted toward
election of a candidate. Except as provided by RCW
29A.53.050 and 29A.53.060, all first choices are votes.
Lower ranked choices are potential votes that may, in accordance with the requirements of this chapter, be credited to
and become votes for a candidate. [2005 c 153 § 3.]
29A.53.030
29A.53.040 Application of election laws. (Expires
July 1, 2013.) To the extent they are not inconsistent with
this chapter, the laws governing elections apply to the pilot
project on instant runoff voting authorized by this chapter.
The authority of a city meeting the criteria of RCW
29A.53.020 and 29A.53.070 to participate in an election conducted under the instant runoff voting method expires on July
1, 2013. [2005 c 153 § 4.]
29A.53.040
29A.53.050 Tabulation of ballots—Counting stages.
(Expires July 1, 2013.) The following provisions, subject to
the conditions of RCW 29A.53.060, govern how votes for
candidates for each office shall be tabulated under the instant
runoff voting method:
(1) All first choice votes cast for the office shall be tabulated in the first counting stage. If, following this first counting stage, a candidate receives a majority of the votes cast for
the office, that candidate is deemed elected to the office and
counting ends;
29A.53.050
(2010 Ed.)
Instant Runoff Voting Pilot Project
(2) If no candidate receives a majority of the votes cast
for the office during the first counting stage, the second
counting stage begins by eliminating the last place candidate
for that office. On ballots that indicate a first choice preference for the eliminated candidate, the second choice preferences are counted as votes for the candidates so designated.
If, following this second counting stage, a candidate receives
a majority of the votes cast for the office, that candidate is
deemed elected to the office and counting ends;
(3) If, following the second counting stage, no candidate
receives a majority of the votes cast for the office, the third
counting stage begins by eliminating the last place candidate
for that office. On ballots that indicate a first choice preference for the eliminated candidate, the next choice preferences
are counted as votes for the candidates so designated. If, following this third counting stage, a candidate receives a
majority of votes cast for the office, that candidate is deemed
elected to the office and counting ends;
(4) If, following the third counting stage, no candidate
receives a majority of the votes cast for the office, the counting process provided by subsection (3) of this section continues in succession until either a candidate receives a majority
of the votes cast for the office or all but one candidate has
been eliminated. In accordance with the provisions of this
subsection, a candidate who receives either a majority of the
votes cast for the office or who is the sole remaining candidate shall be deemed elected to the office; and
(5) If at any stage in the counting process there are two
or more last place candidates for the office, these candidates
must be eliminated simultaneously. On ballots that indicate a
first choice preference for the eliminated candidates, the next
choice preferences shall be counted as votes for the candidates so designated. [2005 c 153 § 5.]
29A.53.060
29A.53.060 Voting conditions and limitations.
(Expires July 1, 2013.) (1)(a) Once a ballot is exhausted, it
is disregarded and not subject to additional tabulation procedures.
(b) A ballot assigning the same ranking to more than one
candidate for an office is exhausted when the duplicate ranking is reached. No vote may be recorded for any candidates
designated with the same ranking on the same ballot.
(2) The county auditor may not count more than three
choices for any one office from a ballot.
(3) If the total number of votes for all write-in candidates
in each race during any counting stage is fewer than the last
place candidate among the candidates appearing on the ballot, all write-in candidates must be eliminated for that counting stage and subsequent counting stages.
(4) If, following the conclusion of the counting stages,
the tabulated ballots do not contain a sufficient number of
effective second and lower choices for a candidate to receive
a majority of the votes cast for any office, the candidate who
either has the highest number of votes credited to him or her
for that office, or who is the sole remaining candidate shall be
deemed elected to the office.
(5) No votes may be counted for a candidate who has
been eliminated. [2005 c 153 § 6.]
(2010 Ed.)
29A.53.090
29A.53.070 Local option authorized. (Expires July 1,
2013.) (1) In accordance with the provisions of RCW
29A.53.020, the legislative body of a qualifying city may, for
a specific election or elections, adopt instant runoff voting as
the method for electing candidates for all nonpartisan city
offices.
(2)(a) After adoption of instant runoff voting by the legislative body of a qualifying city for a specific election or
elections as provided for by subsection (1) of this section, the
city shall, before conducting an election using the instant runoff voting method, notify the county auditor and the secretary
of state of its intent to hold such an election.
(b) If the county auditor notifies the city that existing
election equipment of the county is insufficient for conducting an election under the instant runoff voting method, the
city and the auditor shall negotiate an agreement for the purchase of any new equipment specifically required for this
election method. Nothing in this subsection precludes the
auditor from canvassing the returns of an instant runoff voting election by hand.
(3) The date of any election conducted under the instant
runoff voting method must be consistent with the timeline
required by RCW 29A.53.020. [2005 c 153 § 7.]
29A.53.070
29A.53.080 Ballot specifications and directions to
voters. (Expires July 1, 2013.) Ballots for elections conducted under the instant runoff voting method should be clear
and easily understood. Sample ballots illustrating voting procedures must be posted in or near voting booths and included
within instruction packets for absentee ballots. Directions
provided to voters must conform substantially to the following specifications:
29A.53.080
"You may choose a maximum of three candidates for each office in order of preference. Indicate
your first choice designation by marking the number
"1" beside a candidate’s name (or by marking in the
column labeled "First Choice"). Indicate your second choice designation by marking the number "2"
beside a candidate’s name (or by marking in the column labeled "Second Choice"). Indicate your third
choice designation by marking the number "3"
beside a candidate’s name (or by marking in the column labeled "Third Choice"). You are not required
to choose more than one candidate for each office.
Designating two or more candidates in order of preference will not affect your first choice designation.
Do not mark the same designation number beside
more than one candidate or put more than one mark
in each column for the office on which you are voting. Do not skip designation numbers."
[2005 c 153 § 8.]
29A.53.090 Changes in voting devices and counting
methods. (Expires July 1, 2013.) Participating state and
local election officials may provide for voting directions and
the design, processing, and tabulation of instant runoff voting
ballots used in the pilot project authorized by RCW
29A.53.020. State and local actions must be consistent with
the provisions of this chapter.
29A.53.090
[Title 29A RCW—page 73]
29A.53.900
Title 29A RCW: Elections
Election officials should provide voters with a ballot that
has a distinctive design, format, or layout for offices to which
instant runoff voting applies. Ballot sections for contests that
have fewer than three candidates for the same office, however, may differ from ballot sections for which the instant
runoff voting method applies. [2005 c 153 § 9.]
29A.53.900 Expiration date. This chapter expires July
1, 2013. [2005 c 153 § 13.]
29A.56.470
29A.56.480
29A.56.490
29A.56.500
29A.56.510
29A.56.520
29A.56.530
29A.56.540
PRESIDENTIAL PRIMARY
29A.53.900
29A.53.901 Captions not law—2005 c 153. Captions
used in this act are not part of the law. [2005 c 153 § 16.]
29A.53.901
29A.53.902 Severability—2005 c 153. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2005 c 153 § 17.]
29A.53.902
Chapter 29A.56 RCW
SPECIAL CIRCUMSTANCES ELECTIONS
Chapter 29A.56
Sections
PRESIDENTIAL PRIMARY
29A.56.010
29A.56.020
29A.56.030
29A.56.040
29A.56.050
29A.56.060
Intent.
Date.
Ballot—Names included.
Procedures—Ballot form and arrangement.
Allocation of delegates—Party declarations.
Costs.
RECALL
29A.56.110 Initiating proceedings—Statement—Contents—Verification—Definitions.
29A.56.120 Petition—Where filed.
29A.56.130 Ballot synopsis.
29A.56.140 Determination by superior court—Correction of ballot synopsis.
29A.56.150 Filing supporting signatures—Time limitations.
29A.56.160 Petition—Form.
29A.56.170 Petition—Size.
29A.56.180 Number of signatures required.
29A.56.190 Canvassing signatures—Time of—Notice.
29A.56.200 Verification and canvass of signatures—Procedure—Statistical sampling.
29A.56.210 Fixing date for recall election—Notice.
29A.56.220 Response to petition charges.
29A.56.230 Destruction of insufficient recall petition.
29A.56.240 Fraudulent names—Record of.
29A.56.250 Conduct of election—Contents of ballot.
29A.56.260 Ascertaining the result—When recall effective.
29A.56.270 Enforcement provisions—Mandamus—Appellate review.
PRESIDENTIAL ELECTORS
29A.56.300 States’ agreement—Presidential election—National popular
vote.
29A.56.310 Date of election—Number.
29A.56.320 Nomination—Pledge by electors—What names on ballots—
How counted.
29A.56.330 Counting and canvassing the returns.
29A.56.340 Meeting—Time—Procedure—Voting for nominee of other
party, penalty.
29A.56.350 Compensation.
29A.56.360 Slate of presidential electors.
CONSTITUTIONAL AMENDMENT CONVENTIONS
29A.56.410
29A.56.420
29A.56.430
29A.56.440
29A.56.450
29A.56.460
Governor’s proclamation calling convention—When.
Governor’s proclamation calling convention—Publication.
Election of convention delegates—Date.
Time and place for convention.
Delegates—Number and qualifications.
Delegates—Declarations of candidacy.
[Title 29A RCW—page 74]
Election of delegates—Administration.
Election of delegates—Ballots.
Election of delegates—Ascertaining result.
Meeting—Organization.
Quorum—Proceedings—Record.
Certification and transmittal of result.
Expenses—How paid—Delegates receive filing fee.
Federal statutes controlling.
29A.56.010 Intent. The people of the state of Washington declare that:
(1) The current presidential nominating caucus system in
Washington state is unnecessarily restrictive of voter participation in that it discriminates against the elderly, the infirm,
women, the disabled, evening workers, and others who are
unable to attend caucuses and therefore unable to fully participate in this most important quadrennial event that occurs in
our democratic system of government.
(2) It is the intent of this chapter to make the presidential
selection process more open and representative of the will of
the people of our state.
(3) A presidential primary will afford the maximum
opportunity for voter access at regular polling places during
the daytime and evening hours convenient to the most people.
(4) This state’s participation in the selection of presidential candidates shall be in accordance with the will of the people as expressed in a presidential preference primary.
(5) It is the intent of this chapter, to the maximum extent
practicable, to continue to reserve to the political parties the
right to conduct their delegate selection as prescribed by
party rules insofar as it reflects the will of the people as
expressed in a presidential primary election conducted every
four years in the manner described by this chapter. [2003 c
111 § 1401; 1989 c 4 § 1 (Initiative Measure No. 99). Formerly RCW 29.19.010.]
29A.56.010
29A.56.020 Date. (1) On the fourth Tuesday in May of
each year in which a president of the United States is to be
nominated and elected, a presidential primary shall be held at
which voters may vote for the nominee of a major political
party for the office of president. The secretary of state may
propose an alternative date for the primary no later than the
first day of August of the year before the year in which a president is to be nominated and elected.
(2) No later than the first day of September of the year
before the year in which a presidential nominee is selected,
the state committee of any major political party that will use
the primary results for candidates of that party may propose
an alternative date for that primary.
(3) If an alternative date is proposed under subsection (1)
or (2) of this section, a committee consisting of the chair and
the vice-chair of the state committee of each major political
party, the secretary of state, the majority leader and minority
leader of the senate, and the speaker and the minority leader
of the house of representatives shall meet and, if affirmed by
a two-thirds vote of the members of the committee, the date
of the primary shall be changed. The committee shall meet
and decide on the proposed alternate date not later than the
first day of October of the year before the year in which a
presidential nominee is selected. The secretary of state shall
convene and preside over the meeting of the committee. A
29A.56.020
(2010 Ed.)
Special Circumstances Elections
committee member other than a legislator may appoint, in
writing, a designee to serve on his or her behalf. A legislator
who is a member of the committee may appoint, in writing,
another legislator to serve on his or her behalf.
(4) If an alternate date is approved under this section, the
secretary of state shall adopt rules under RCW 29A.04.620 to
adjust the deadlines in RCW 29A.56.030 and related provisions of this chapter to correspond with the date that has been
approved. [2003 c 111 § 1402; (2003 3rd sp.s. c 1 § 2 expired
January 1, 2005); (2003 3rd sp.s. c 1 § 1 expired July 1,
2004). Prior: 1995 1st sp.s. c 20 § 1; 1989 c 4 § 2 (Initiative
Measure No. 99). Formerly RCW 29.19.020.]
Effective date—2003 3rd sp.s. c 1 § 2: "Section 2 of this act takes
effect July 1, 2004." [2003 3rd sp.s. c 1 § 5.]
Expiration date—2003 3rd sp.s. c 1 § 2: "Section 2 of this act expires
January 1, 2005." [2003 3rd sp.s. c 1 § 6.]
Expiration date—2003 3rd sp.s. c 1 § 1: "Section 1 of this act expires
July 1, 2004." [2003 3rd sp.s. c 1 § 4.]
Effective date—2003 3rd sp.s. c 1 § 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes
effect immediately [December 9, 2003]." [2003 3rd sp.s. c 1 § 3.]
Additional notes found at www.leg.wa.gov
29A.56.060
29A.56.040 Procedures—Ballot form and arrangement. (1) Except where necessary to accommodate the
national or state rules of a major political party or where this
chapter specifically provides otherwise, the presidential primary must be conducted in substantially the same manner as
a state partisan primary under this title.
(2) Except as provided under this chapter or by rule of
the secretary of state adopted under RCW 29A.04.620, the
arrangement and form of presidential primary ballots must be
consistent with RCW 29A.52.151. Only the candidates who
have qualified under RCW 29A.56.030 may appear on the
ballots.
(3) Each party’s ballot or portion of the ballot must list
alphabetically the names of all candidates for the office of
president. The ballot must clearly indicate the political party
of each candidate. Each ballot must include a blank space to
allow the voter to write in the name of any other candidate.
(4) A presidential primary ballot with votes for more
than one candidate is void, and notice to this effect, stated in
clear, simple language and printed in large type, must appear
on the face of each presidential primary ballot or on or about
each voting device. [2007 c 385 § 1; 2003 c 111 § 1404.
Prior: 1995 1st sp.s. c 20 § 2. Formerly RCW 29.19.045.]
29A.56.040
Additional notes found at www.leg.wa.gov
29A.56.030
29A.56.030 Ballot—Names included. The name of
any candidate for a major political party nomination for president of the United States shall be printed on the presidential
preference primary ballot of a major political party only:
(1) By direction of the secretary of state, who in the secretary’s sole discretion has determined that the candidate’s
candidacy is generally advocated or is recognized in national
news media; or
(2) If members of the political party of the candidate
have presented a petition for nomination of the candidate that
has attached to the petition a sheet or sheets containing the
signatures of at least one thousand registered voters who
declare themselves in the petition as being affiliated with the
same political party as the presidential candidate. The petition shall be filed with the secretary of state not later than
sixty days before the presidential preference primary. The
signature sheets shall also contain the residence address and
name or number of the precinct of each registered voter
whose signature appears thereon and shall be certified in the
manner prescribed in RCW 29A.72.230 and 29A.72.240.
The secretary of state shall place the name of the candidate on the ballot unless the candidate, at least fifty-two days
before the presidential preference primary, executes and files
with the secretary of state an affidavit stating without qualification that he or she is not now and will not become a candidate for the office of president of the United States at the
forthcoming presidential election. The secretary of state shall
certify the names of all candidates who will appear on the
presidential preference primary ballot to the respective
county auditors on or before the fourth Tuesday in April of
each presidential election year. [2006 c 344 § 15; 2003 c 111
§ 1403. Prior: 1989 c 4 § 3 (Initiative Measure No. 99). Formerly RCW 29.19.030.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
(2010 Ed.)
29A.56.050 Allocation of delegates—Party declarations. (1) A major political party may, under national or state
party rules, base the allocation of delegates from this state to
the national nominating convention of that party in whole or
in part on the participation in precinct caucuses and conventions conducted under the rules of that party.
(2) If requested by a major political party, the secretary
of state shall adopt rules under RCW 29A.04.620 to provide
for any declaration required by that party.
(3) Voters who subscribe to a specific political party declaration under this section must be given ballots that are
readily distinguishable from those given to other voters.
Votes cast by persons making these declarations must be tabulated and reported separately from other votes cast at the primary and may be used by a major political party in its allocation of delegates under the rules of that party.
(4) For a political party that requires a specific voter declaration under this section, the secretary of state shall prescribe rules for providing, to the state and county committees
of that political party, a copy of the declarations or a list of the
voters who participated in the presidential nominating process of that party. [2003 c 111 § 1405. Prior: 1995 1st sp.s.
c 20 § 3. Formerly RCW 29.19.055.]
29A.56.050
Additional notes found at www.leg.wa.gov
29A.56.060 Costs. Subject to available funds specifically appropriated for this purpose, whenever a presidential
primary is held as provided by this chapter, the state of Washington shall assume all costs of holding the primary if it is
held alone. If any other election or elections are held at the
same time, the state is liable only for a prorated share of the
costs. The county auditor shall determine the costs, including
the state’s prorated share, if applicable, in the same manner as
provided under RCW 29A.04.410 and shall file a certified
claim with the secretary of state. The secretary of state shall
29A.56.060
[Title 29A RCW—page 75]
29A.56.110
Title 29A RCW: Elections
include in his or her biennial budget requests sufficient funds
to carry out this section. Reimbursements for primary costs
must be from appropriations specifically provided by law for
that purpose. [2003 c 111 § 1406. Prior: 1995 1st sp.s. c 20
§ 5; 1989 c 4 § 8 (Initiative Measure No. 99). Formerly RCW
29.19.080]
Additional notes found at www.leg.wa.gov
RECALL
29A.56.110 Initiating proceedings—Statement—
Contents—Verification—Definitions. Whenever any legal
voter of the state or of any political subdivision thereof, either
individually or on behalf of an organization, desires to
demand the recall and discharge of any elective public officer
of the state or of such political subdivision, as the case may
be, under the provisions of sections 33 and 34 of Article 1 of
the Constitution, the voter shall prepare a typewritten charge,
reciting that such officer, naming him or her and giving the
title of the office, has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has
violated the oath of office, or has been guilty of any two or
more of the acts specified in the Constitution as grounds for
recall. The charge shall state the act or acts complained of in
concise language, give a detailed description including the
approximate date, location, and nature of each act complained of, be signed by the person or persons making the
charge, give their respective post office addresses, and be
verified under oath that the person or persons believe the
charge or charges to be true and have knowledge of the
alleged facts upon which the stated grounds for recall are
based.
For the purposes of this chapter:
(1) "Misfeasance" or "malfeasance" in office means any
wrongful conduct that affects, interrupts, or interferes with
the performance of official duty;
(a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and
(b) Additionally, "malfeasance" in office means the
commission of an unlawful act;
(2) "Violation of the oath of office" means the neglect or
knowing failure by an elective public officer to perform faithfully a duty imposed by law. [2003 c 111 § 1407; 1984 c 170
§ 1; 1975-’76 2nd ex.s. c 47 § 1; 1965 c 9 § 29.82.010. Prior:
1913 c 146 § 1; RRS § 5350. Former part of section: 1913 c
146 § 2; RRS § 5351, now codified in RCW 29.82.015. Formerly RCW 29.82.010.]
29A.56.110
Additional notes found at www.leg.wa.gov
29A.56.120 Petition—Where filed. Any person making a charge shall file it with the elections officer whose duty
it is to receive and file a declaration of candidacy for the
office concerning the incumbent of which the recall is to be
demanded. The officer with whom the charge is filed shall
promptly (1) serve a copy of the charge upon the officer
whose recall is demanded, and (2) certify and transmit the
charge to the preparer of the ballot synopsis provided in
RCW 29A.56.130. The manner of service shall be the same
as for the commencement of a civil action in superior court.
[2003 c 111 § 1408. Prior: 1984 c 170 § 2; 1975-’76 2nd
29A.56.120
[Title 29A RCW—page 76]
ex.s. c 47 § 2; 1965 c 9 § 29.82.015; prior: 1913 c 146 § 2;
RRS § 5351. Formerly RCW 29.82.010, part. Formerly
RCW 29.82.015.]
Additional notes found at www.leg.wa.gov
29A.56.130
29A.56.130 Ballot synopsis. (1) Within fifteen days
after receiving a charge, the officer specified below shall formulate a ballot synopsis of the charge of not more than two
hundred words.
(a) Except as provided in (b) of this subsection, if the
recall is demanded of an elected public officer whose political jurisdiction encompasses an area in more than one county,
the attorney general shall be the preparer, except if the recall
is demanded of the attorney general, the chief justice of the
supreme court shall be the preparer.
(b) If the recall is demanded of an elected public officer
whose political jurisdiction lies wholly in one county, or if
the recall is demanded of an elected public officer of a district
whose jurisdiction encompasses more than one county but
whose declaration of candidacy is filed with a county auditor
in one of the counties, the prosecuting attorney of that county
shall be the preparer, except that if the prosecuting attorney is
the officer whose recall is demanded, the attorney general
shall be the preparer.
(2) The synopsis shall set forth the name of the person
charged, the title of the office, and a concise statement of the
elements of the charge. Upon completion of the ballot synopsis, the preparer shall certify and transmit the exact language
of the ballot synopsis to the persons filing the charge and the
officer subject to recall. The preparer shall additionally certify and transmit the charges and the ballot synopsis to the
superior court of the county in which the officer subject to
recall resides and shall petition the superior court to approve
the synopsis and to determine the sufficiency of the charges.
[2003 c 111 § 1409; 1984 c 170 § 3. Formerly RCW
29.82.021.]
29A.56.140
29A.56.140 Determination by superior court—Correction of ballot synopsis. Within fifteen days after receiving the petition, the superior court shall have conducted a
hearing on and shall have determined, without cost to any
party, (1) whether or not the acts stated in the charge satisfy
the criteria for which a recall petition may be filed, and (2)
the adequacy of the ballot synopsis. The clerk of the superior
court shall notify the person subject to recall and the person
demanding recall of the hearing date. Both persons may
appear with counsel. The court may hear arguments as to the
sufficiency of the charges and the adequacy of the ballot synopsis. The court shall not consider the truth of the charges,
but only their sufficiency. An appeal of a sufficiency decision shall be filed in the supreme court as specified by RCW
29A.56.270. The superior court shall correct any ballot synopsis it deems inadequate. Any decision regarding the ballot
synopsis by the superior court is final. The court shall certify
and transmit the ballot synopsis to the officer subject to
recall, the person demanding the recall, and either the secretary of state or the county auditor, as appropriate. [2003 c
111 § 1410. Prior: 1984 c 170 § 4. Formerly RCW
29.82.023.]
(2010 Ed.)
Special Circumstances Elections
29A.56.150 Filing supporting signatures—Time limitations. (1) The sponsors of a recall demanded of any public
officer shall stop circulation of and file all petitions with the
appropriate elections officer not less than six months before
the next general election in which the officer whose recall is
demanded is subject to reelection.
(2) The sponsors of a recall demanded of an officer
elected to a statewide position shall have a maximum of two
hundred seventy days, and the sponsors of a recall demanded
of any other officer shall have a maximum of one hundred
eighty days, in which to obtain and file supporting signatures
after the issuance of a ballot synopsis by the superior court. If
the decision of the superior court regarding the sufficiency of
the charges is not appealed, the one hundred eighty or two
hundred seventy day period for the circulation of signatures
begins on the sixteenth day following the decision of the
superior court. If the decision of the superior court regarding
the sufficiency of the charges is appealed, the one hundred
eighty or two hundred seventy day period for the circulation
of signatures begins on the day following the issuance of the
decision by the supreme court. [2003 c 111 § 1411; 1984 c
170 § 5; 1971 ex.s. c 205 § 2. Formerly RCW 29.82.025.]
29A.56.150
Additional notes found at www.leg.wa.gov
29A.56.160 Petition—Form. Recall petitions must be
printed on single sheets of paper of good writing quality
(including but not limited to newsprint) not less than eleven
inches in width and not less than fourteen inches in length.
No petition may be circulated or signed prior to the first day
of the one hundred eighty or two hundred seventy day period
established by RCW 29A.56.150 for that recall petition. The
petitions must be substantially in the following form:
29A.56.160
The warning prescribed by RCW 29A.72.140; followed
by:
Petition for the recall of (here insert the name of the
office and of the person whose recall is petitioned for) to the
Honorable (here insert the name and title of the officer with
whom the charge is filed).
We, the undersigned citizens and legal voters of (the
state of Washington or the political subdivision in which the
recall is to be held), respectfully direct that a special election
be called to determine whether or not (here insert the name of
the person charged and the office which he or she holds) be
recalled and discharged from his or her office, for and on
account of (his or her having committed the act or acts of
malfeasance or misfeasance while in office, or having violated his or her oath of office, as the case may be), in the following particulars: (here insert the synopsis of the charge);
and each of us for himself or herself says: I have personally
signed this petition; I am a legal voter of the State of Washington in the precinct and city (or town) and county written
after my name, and my residence address is correctly stated,
and to my knowledge, have signed this petition only once.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2003 c 111 §
1412; 1984 c 170 § 6; 1971 ex.s. c 205 § 4; 1965 c 9 §
29.82.030. Prior: 1913 c 146 § 4; RRS § 5353. Formerly
RCW 29.82.030.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
29A.56.200
29A.56.170 Petition—Size. Each recall petition at the
time of circulating, signing, and filing with the officer with
whom it is to be filed, must consist of not more than five
sheets with numbered lines for not more than twenty signatures on each sheet, with the prescribed warning, title, and
form of petition on each sheet, and a full, true, and correct
copy of the original statement of the charges against the
officer referred to therein, printed on sheets of paper of like
size and quality as the petition, firmly fastened together.
[2003 c 111 § 1413; 1965 c 9 § 29.82.040. Prior: 1913 c 146
§ 6; RRS § 5355. Formerly RCW 29.82.040.]
29A.56.170
29A.56.180 Number of signatures required. When
the person, committee, or organization demanding the recall
of a public officer has secured sufficient signatures upon the
recall petition the person, committee, or organization may
submit the same to the officer with whom the charge was
filed for filing in his or her office. The number of signatures
required shall be as follows:
(1) In the case of a state officer, an officer of a city of the
first class, a member of a school board in a city of the first
class, or a county officer of a county with a population of
forty thousand or more—signatures of legal voters equal to
twenty-five percent of the total number of votes cast for all
candidates for the office to which the officer whose recall is
demanded was elected at the preceding election.
(2) In the case of an officer of any political subdivision,
city, town, township, precinct, or school district other than
those mentioned in subsection (1) of this section, and in the
case of a state senator or representative—signatures of legal
voters equal to thirty-five percent of the total number of votes
cast for all candidates for the office to which the officer
whose recall is demanded was elected at the preceding election. [2003 c 111 § 1414. Prior: 1991 c 363 § 36; 1965 c 9
§ 29.82.060; prior: 1913 c 146 § 8, part; RRS § 5357, part.
Formerly RCW 29.82.060.]
29A.56.180
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Recall of elective officers—Percentages required: State Constitution Art. 1
§ 34 (Amendment 8).
29A.56.190 Canvassing signatures—Time of—
Notice. Upon the filing of a recall petition, the officer with
whom the charge was filed shall stamp on each petition the
date of filing, and shall notify the persons filing them and the
officer whose recall is demanded of the date when the petitions will be canvassed, which date must be not less than five
or more than ten days from the date of its filing. [2003 c 111
§ 1415; 1965 c 9 § 29.82.080. Prior: 1913 c 146 § 9, part;
RRS § 5358, part. Formerly RCW 29.82.080.]
29A.56.190
29A.56.200 Verification and canvass of signatures—
Procedure—Statistical sampling. (1) Upon the filing of a
recall petition, the elections officer shall proceed to verify
and canvass the names of legal voters on the petition.
(2) The verification and canvass of signatures on the
petition may be observed by persons representing the advocates and opponents of the proposed recall so long as they
make no record of the names, addresses, or other information
on the petitions or related records during the verification process except upon the order of the superior court. The elec29A.56.200
[Title 29A RCW—page 77]
29A.56.210
Title 29A RCW: Elections
tions officer may limit the number of observers to not fewer
than two on each side, if in his or her opinion a greater number would cause undue delay or disruption of the verification
process. Any such limitation shall apply equally to both
sides. If the elections officer finds the same name signed to
more than one petition, he or she shall reject all but the first
such valid signature.
(3) Where the recall of a statewide elected official is
sought, the secretary of state may use any statistical sampling
techniques for verification and canvassing which have been
adopted by rule for canvassing initiative petitions under
RCW 29A.72.230. No petition will be rejected on the basis
of any statistical method employed. No petition will be
accepted on the basis of any statistical method employed if
such method indicates that the petition contains less than the
number of signatures of legal voters required by Article I,
section 33 (Amendment 8) of the state Constitution. [2003 c
111 § 1416. Prior: 1984 c 170 § 7; 1977 ex.s. c 361 § 107;
1965 c 9 § 29.82.090; prior: 1913 c 146 § 9, part; RRS §
5358, part. Formerly RCW 29.82.090.]
Additional notes found at www.leg.wa.gov
29A.56.210 Fixing date for recall election—Notice.
If, at the conclusion of the verification and canvass, it is
found that a petition for recall bears the required number of
signatures of certified legal voters, the officer with whom the
petition is filed shall promptly certify the petitions as sufficient and fix a date for the special election to determine
whether or not the officer charged shall be recalled and discharged from office. The special election shall be held not
less than forty-five nor more than sixty days from the certification and, whenever possible, on one of the dates provided
in RCW 29A.04.330, but no recall election may be held
between the date of the primary and the date of the general
election in any calendar year. Notice shall be given in the
manner as required by law for special elections in the state or
in the political subdivision, as the case may be. [2003 c 111
§ 1417. Prior: 1984 c 170 § 8; 1977 ex.s. c 361 § 108; 1971
ex.s. c 205 § 5; 1965 c 9 § 29.82.100; prior: 1913 c 146 § 9,
part; RRS § 5358, part. Formerly RCW 29.82.100.]
29A.56.210
Additional notes found at www.leg.wa.gov
29A.56.220 Response to petition charges. When a
date for a special recall election is set the certifying officer
shall serve a notice of the date of the election to the officer
whose recall is demanded and the person demanding recall.
The manner of service shall be the same as for the commencement of a civil action in superior court. After having
been served a notice of the date of the election and the ballot
synopsis, the officer whose recall is demanded may submit to
the certifying officer a response, not to exceed two hundred
fifty words in length, to the charge contained in the ballot
synopsis. Such response shall be submitted by the seventh
consecutive day after service of the notice. The certifying
officer shall promptly send a copy of the response to the person who filed the petition. [2003 c 111 § 1418. Prior: 1984
c 170 § 9; 1980 c 42 § 1. Formerly RCW 29.82.105.]
29A.56.220
29A.56.230 Destruction of insufficient recall petition.
If it is found that the recall petition does not contain the req29A.56.230
[Title 29A RCW—page 78]
uisite number of signatures of certified legal voters, the
officer shall so notify the persons filing the petition, and at
the expiration of thirty days from the conclusion of the count
the officer shall destroy the petitions unless prevented therefrom by the injunction or mandate of a court. [2003 c 111 §
1419; 1965 c 9 § 29.82.110. Prior: 1913 c 146 § 9, part; RRS
§ 5358, part. Formerly RCW 29.82.110.]
29A.56.240 Fraudulent names—Record of. The
officer making the canvass of a recall petition shall keep a
record of all names appearing on it that are not certified to be
legal voters of the state or of the political subdivision, as the
case may be, and of all names appearing more than once, and
shall report the same to the prosecuting attorneys of the
respective counties where the names appear to have been
signed, to the end that prosecutions may be had for the violation of this chapter. [2003 c 111 § 1420; 1965 c 9 §
29.82.120. Prior: 1913 c 146 § 10; RRS § 5359. Formerly
RCW 29.82.120.]
29A.56.240
29A.56.250 Conduct of election—Contents of ballot.
The special election for the recall of an officer shall be conducted in the same manner as a special election for that jurisdiction. The county auditor shall conduct the recall election.
The ballots at any recall election shall contain a full, true, and
correct copy of the ballot synopsis of the charge and the
officer’s response to the charge if one has been filed. [2003 c
111 § 1421. Prior: 1990 c 59 § 71; 1980 c 42 § 2; 1965 c 9 §
29.82.130; prior: 1913 c 146 § 11; RRS § 5360. See also
RCW 29.48.040. Formerly RCW 29.82.130.]
29A.56.250
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.56.260 Ascertaining the result—When recall
effective. The votes on a recall election must be counted,
canvassed, and the results certified in the manner provided by
law for counting, canvassing, and certifying the results of an
election for the office from which the officer is being
recalled. However, if the officer whose recall is demanded is
the officer to whom, under the law, returns of elections are
made, the returns must be made to the officer with whom the
charge is filed, and who called the special election. In the
case of an election for the recall of a state officer, the county
canvassing boards of the various counties shall canvass and
return the result of the election to the officer calling the special election. If a majority of all votes cast at the recall election is for the recall of the officer charged, the officer is thereupon recalled and discharged from the office, and the office
thereupon is vacant. [2003 c 111 § 1422; 1977 ex.s. c 361 §
109; 1965 c 9 § 29.82.140. Prior: 1913 c 146 § 12; RRS §
5361. Formerly RCW 29.82.140.]
29A.56.260
Canvassing the returns: Chapter 29A.60 RCW.
Additional notes found at www.leg.wa.gov
29A.56.270 Enforcement provisions—Mandamus—
Appellate review. The superior court of the county in which
the officer subject to recall resides has original jurisdiction to
compel the performance of any act required of any public
officer or to prevent the performance by any such officer of
any act in relation to the recall not in compliance with law.
29A.56.270
(2010 Ed.)
Special Circumstances Elections
The supreme court has like original jurisdiction in relation to state officers and revisory jurisdiction over the decisions of the superior courts. Any proceeding to compel or
prevent the performance of any such act shall be begun
within ten days from the time the cause of complaint arises,
and shall be considered an emergency matter of public concern and take precedence over other cases, and be speedily
heard and determined. Appellate review of a decision of any
superior court shall be begun and perfected within fifteen
days after its decision in a recall election case and shall be
considered an emergency matter of public concern by the
supreme court, and heard and determined within thirty days
after the decision of the superior court. [2003 c 111 § 1423.
Prior: 1988 c 202 § 30; 1984 c 170 § 10; 1965 c 9 §
29.82.160; prior: 1913 c 146 § 14; RRS § 5363. Formerly
RCW 29.82.160.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 16.2, 18.22.
Additional notes found at www.leg.wa.gov
PRESIDENTIAL ELECTORS
29A.56.300 States’ agreement—Presidential election—National popular vote. The agreement among the
states to elect the president by national popular vote is hereby
entered into and enacted into law with all jurisdictions legally
joining therein, in the form substantially as follows:
29A.56.300
ARTICLE I - Membership
Any state of the United States and the District of Columbia may become a member of this agreement by enacting this
agreement.
ARTICLE II - Right of the People in Member States to Vote
for President and Vice President
Each member state shall conduct a statewide popular
election for president and vice president of the United States.
ARTICLE III - Manner of Appointing Presidential Electors
in Member States
Prior to the time set by law for the meeting and voting by
the presidential electors, the chief election official of each
member state shall determine the number of votes for each
presidential slate in each state of the United States and in the
District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to
produce a "national popular vote total" for each presidential
slate.
The chief election official of each member state shall
designate the presidential slate with the largest national popular vote total as the "national popular vote winner."
The presidential elector certifying official of each member state shall certify the appointment in that official’s own
state of the elector slate nominated in that state in association
with the national popular vote winner.
At least six days before the day fixed by law for the
meeting and voting by the presidential electors, each member
state shall make a final determination of the number of popular votes cast in the state for each presidential slate and shall
communicate an official statement of such determination
(2010 Ed.)
29A.56.300
within twenty-four hours to the chief election official of each
other member state.
The chief election official of each member state shall
treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made
by the day established by federal law for making a state’s
final determination conclusive as to the counting of electoral
votes by congress.
In event of a tie for the national popular vote winner, the
presidential elector certifying official of each member state
shall certify the appointment of the elector slate nominated in
association with the presidential slate receiving the largest
number of popular votes within that official’s own state.
If, for any reason, the number of presidential electors
nominated in a member state in association with the national
popular vote winner is less than or greater than that state’s
number of electoral votes, the presidential candidate on the
presidential slate that has been designated as the national
popular vote winner shall have the power to nominate the
presidential electors for that state and that state’s presidential
elector certifying official shall certify the appointment of
such nominees.
The chief election official of each member state shall
immediately release to the public all vote counts or statements of votes as they are determined or obtained.
This article shall govern the appointment of presidential
electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.
ARTICLE IV - Other Provisions
This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have
enacted this agreement in substantially the same form and the
enactments by such states have taken effect in each state.
Any member state may withdraw from this agreement,
except that a withdrawal occurring six months or less before
the end of a president’s term shall not become effective until
a president or vice president shall have been qualified to
serve the next term.
The chief executive of each member state shall promptly
notify the chief executive of all other states of when this
agreement has been enacted and has taken effect in that official’s state, when the state has withdrawn from this agreement, and when this agreement takes effect generally.
This agreement shall terminate if the electoral college is
abolished.
If any provision of this agreement is held invalid, the
remaining provisions shall not be affected.
ARTICLE V - Definitions
For purposes of this agreement:
"Chief executive" shall mean the governor of a state of
the United States or the mayor of the District of Columbia;
"Elector slate" shall mean a slate of candidates who have
been nominated in a state for the position of presidential elector in association with a presidential slate;
"Chief election official" shall mean the state official or
body that is authorized to certify the total number of popular
votes for each presidential slate;
[Title 29A RCW—page 79]
29A.56.310
Title 29A RCW: Elections
"Presidential elector" shall mean an elector for president
and vice president of the United States;
"Presidential elector certifying official" shall mean the
state official or body that is authorized to certify the appointment of the state’s presidential electors;
"Presidential slate" shall mean a slate of two persons, the
first of whom has been nominated as a candidate for president
of the United States and the second of whom has been nominated as a candidate for vice president of the United States, or
any legal successors to such persons, regardless of whether
both names appear on the ballot presented to the voter in a
particular state;
"State" shall mean a state of the United States and the
District of Columbia; and
"Statewide popular election" shall mean a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis. [2009 c 264 § 2.]
Intent—2009 c 264: "It is the intent of the legislature to enter into the
agreement among the states to elect the president by national popular vote.
This agreement is a contract between the member states. As a contract, this
agreement is governed by the legal principles applicable to contracts. As
with a contract, in order for this agreement to have the force of law in a jurisdiction that wishes to enter into the agreement, it must be accepted in precisely the same terms that constitute the offer. Any material variance
between the offer and acceptance precludes the formation of a contract.
Therefore, the agreement among the states to elect the president by national
popular vote must be enacted by Washington under identical terms as contained in the agreement and as enacted by Hawaii, Illinois, Maryland, and
New Jersey, subject to only nonmaterial changes." [2009 c 264 § 1.]
29A.56.310 Date of election—Number. On the Tuesday after the first Monday of November in the year in which
a president of the United States is to be elected, there shall be
elected as many electors of president and vice president of the
United States as there are senators and representatives in
Congress allotted to this state. [2003 c 111 § 1424; 1965 c 9
§ 29.71.010. Prior: 1891 c 148 § 1; RRS § 5138. Formerly
RCW 29.71.010.]
29A.56.310
29A.56.320 Nomination—Pledge by electors—What
names on ballots—How counted. In the year in which a
presidential election is held, each major political party and
each minor political party or independent candidate convention held under chapter 29A.20 RCW that nominates candidates for president and vice president of the United States
shall nominate presidential electors for this state. The party
or convention shall file with the secretary of state a certificate
signed by the presiding officer of the convention at which the
presidential electors were chosen, listing the names and
addresses of the presidential electors. Each presidential elector shall execute and file with the secretary of state a pledge
that, as an elector, he or she will vote for the candidates nominated by that party. The names of presidential electors shall
not appear on the ballots. The votes cast for candidates for
president and vice president of each political party shall be
counted for the candidates for presidential electors of that
political party; however, if the interstate compact entitled the
"agreement among the states to elect the president by national
popular vote," as set forth in RCW 29A.56.300, governs the
appointment of the presidential electors for a presidential
election as provided in clause 9 of Article III of that compact,
then the final appointment of presidential electors for that
presidential election shall be in accordance with that com-
pact. [2009 c 264 § 3; 2003 c 111 § 1425. Prior: 1990 c 59
§ 69; 1977 ex.s. c 238 § 1; 1965 c 9 § 29.71.020; prior: 1935
c 20 § 1; RRS § 5138-1. Formerly RCW 29.71.020.]
Intent—2009 c 264: See note following RCW 29A.56.300.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.56.330 Counting and canvassing the returns.
The votes for candidates for president and vice president
must be canvassed under chapter 29A.60 RCW. The secretary of state shall prepare three lists of names of electors
elected and affix the seal of the state. The lists must be signed
by the governor and secretary of state and by the latter delivered to the college of electors at the hour of their meeting.
[2003 c 111 § 1426; 1965 c 9 § 29.71.030. Prior: 1935 c 20
§ 2; RRS § 5139; prior: 1891 c 148 § 2. Formerly RCW
29.71.030.]
29A.56.330
29A.56.340 Meeting—Time—Procedure—Voting
for nominee of other party, penalty. The electors of the
president and vice president shall convene at the seat of government on the day fixed by federal statute, at the hour of
twelve o’clock noon of that day. If there is any vacancy in the
office of an elector occasioned by death, refusal to act,
neglect to attend, or otherwise, the electors present shall
immediately proceed to fill it by voice vote, and plurality of
votes. When all of the electors have appeared and the vacancies have been filled they shall constitute the college of electors of the state of Washington, and shall proceed to perform
the duties required of them by the Constitution and laws of
the United States. Any elector who votes for a person or persons not nominated by the party of which he or she is an elector is subject to a civil penalty of up to one thousand dollars.
[2003 c 111 § 1427; 1977 ex.s. c 238 § 2; 1965 c 9 §
29.71.040. Prior: 1909 c 22 § 1; 1891 c 148 § 3; RRS § 5140.
Formerly RCW 29.71.040.]
29A.56.340
29A.56.320
[Title 29A RCW—page 80]
29A.56.350 Compensation. Every presidential elector
who attends at the time and place appointed, and gives his or
her vote for president and vice president, is entitled to receive
from this state, five dollars for each day’s attendance at the
meeting of the college of electors, and ten cents per mile for
travel by the usually traveled route in going to and returning
from the place where the electors meet. [2003 c 111 § 1428;
1965 c 9 § 29.71.050. Prior: 1891 c 148 § 4; RRS § 5141.
Formerly RCW 29.71.050.]
29A.56.350
29A.56.360 Slate of presidential electors. In a year in
which the president and vice president of the United States
are to be elected, the secretary of state shall include in the certification prepared under *RCW 29A.52.320 the names of all
candidates for president and vice president who, at least fifty
days before the general election, have certified a slate of electors to the secretary of state under RCW 29A.56.320 and
have been nominated either (1) by a major political party, as
certified by the appropriate authority under party rules, or (2)
by a minor party or as independent candidates under chapter
29A.20 RCW. Major or minor political parties or independent presidential candidates may substitute a different candidate for vice president for the one whose name appears on the
29A.56.360
(2010 Ed.)
Special Circumstances Elections
party’s certification or nominating petition at any time before
forty-five days before the general election, by certifying the
change to the secretary of state. Substitutions must not be
permitted to delay the printing of either ballots or a voters’
pamphlet. Substitutions are valid only if submitted under
oath and signed by the same individual who originally certified the nomination, or his or her documented successor, and
only if the substitute candidate consents in writing. [2003 c
111 § 1429. Prior: 2001 c 30 § 1. Formerly RCW
29.27.140.]
*Reviser’s note: RCW 29A.52.320 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.52.321.
CONSTITUTIONAL AMENDMENT CONVENTIONS
29A.56.410 Governor’s proclamation calling convention—When. Within thirty days after the state is officially
notified that the Congress of the United States has submitted
to the several states a proposed amendment to the Constitution of the United States to be ratified or rejected by a convention, the governor shall issue a proclamation fixing the
time and place for holding the convention and fixing the time
for holding an election to elect delegates to the convention.
[2003 c 111 § 1430; 1965 c 9 § 29.74.010. Prior: 1933 c 181
§ 1, part; RRS § 5249-1, part. Formerly RCW 29.74.010.]
29A.56.410
29A.56.420 Governor’s proclamation calling convention—Publication. The proclamation shall be published
once each week for two successive weeks in one newspaper
published and of general circulation in each of the congressional districts of the state. The first publication of the proclamation shall be within thirty days of the receipt of official
notice by the state of the submission of the amendment.
[2003 c 111 § 1431. Prior: 1965 c 9 § 29.74.020; prior: 1933
c 181 § 1, part; RRS § 5249-1, part. Formerly RCW
29.74.020.]
29A.56.420
29A.56.430 Election of convention delegates—Date.
The date for holding the election of delegates must be not less
than one month nor more than six weeks before the date of
holding the convention. If a general election is to be held not
more than six months nor less than three months from the
date of official notice of submission to the state of the proposed amendment, the governor must fix the date of the general election as the date for the election of delegates to the
convention. [2003 c 111 § 1432; 1965 c 9 § 29.74.030. Prior:
(i) 1933 c 181 § 1, part; RRS § 5249-1, part. (ii) 1933 c 181
§ 9; RRS § 5249-9. Formerly RCW 29.74.030.]
29A.56.430
29A.56.440 Time and place for convention. The convention shall be held not less than five nor more than eight
months from the date of the first publication of the proclamation provided for in RCW 29A.56.420. It shall be held in the
chambers of the state house of representatives unless the governor shall select some other place at the state capitol. [2003
c 111 § 1433. Prior: 1965 c 9 § 29.74.040; prior: 1933 c 181
§ 1, part; RRS § 5249-1, part. Formerly RCW 29.74.040.]
29A.56.440
29A.56.450 Delegates—Number and qualifications.
Each state representative district shall be entitled to as many
29A.56.450
(2010 Ed.)
29A.56.490
delegates in the convention as it has members in the house of
representatives of the state legislature. No person shall be
qualified to act as a delegate in said convention who does not
possess the qualifications required of representatives in the
state legislature from the same district. [2003 c 111 § 1434.
Prior: 1965 c 9 § 29.74.050; prior: 1933 c 181 § 2; RRS §
5249-2. Formerly RCW 29.74.050.]
Qualifications of legislators: State Constitution Art. 2 § 7.
Subversive activities, disqualification from holding public office: RCW
9.81.040.
29A.56.460 Delegates—Declarations of candidacy.
Anyone desiring to file as a candidate for election as a delegate to the convention shall, not less than thirty nor more than
sixty days before the date fixed for holding the election, file a
declaration of candidacy with the secretary of state. Filing
must be made on a form to be prescribed by the secretary of
state and include a sworn statement of the candidate as being
either for or against the amendment that will be submitted to
a vote of the convention and that the candidate will, if elected
as a delegate, vote in accordance with the declaration. The
form must be so worded that the candidate must give a plain
unequivocal statement of his or her views as either for or
against the proposal upon which he or she will, if elected, be
called upon to vote. No candidate may in any such filing
make any statement or declaration as to party politics or political faith or beliefs. The fee for filing as a candidate is ten
dollars and must be transmitted to the secretary of state with
the filing papers and be by the secretary of state transmitted
to the state treasurer for the use of the general fund. [2003 c
111 § 1435; 1965 c 9 § 29.74.060. Prior: 1933 c 181 § 3;
RRS § 5249-3. Formerly RCW 29.74.060.]
29A.56.460
29A.56.470 Election of delegates—Administration.
The election of delegates to the convention must as far as
practicable, be administered, except as otherwise provided in
this chapter, in the same manner as a general election under
the election laws of this state. [2003 c 111 § 1436; 1965 c 9
§ 29.74.070. Prior: 1933 c 181 § 4, part; RRS § 5249-4, part.
Formerly RCW 29.74.070.]
29A.56.470
29A.56.480 Election of delegates—Ballots. The issue
shall be identified as, "Delegates to a convention for ratification or rejection of a proposed amendment to the United
States Constitution, relating . . . . . . . . . . . (stating briefly the
substance of amendment proposed for adoption or rejection)." The names of all candidates who have filed in a district shall be printed on the ballots for that district in two separate groups under the headings, "For the amendment" and
"Against the amendment." The names of the candidates in
each group shall be printed in alphabetical order. [2003 c 111
§ 1437. Prior: 1990 c 59 § 70; 1965 c 9 § 29.74.080; prior:
1933 c 181 § 4, part; RRS § 5249-4, part. Formerly RCW
29.74.080.]
29A.56.480
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Ballots: Chapter 29A.36 RCW.
29A.56.490 Election of delegates—Ascertaining
result. The election officials shall count and determine the
29A.56.490
[Title 29A RCW—page 81]
29A.56.500
Title 29A RCW: Elections
number of votes cast for each individual; and shall also count
and determine the aggregate number of votes cast for all candidates whose names appear under each of the respective
headings. Where more than the required number have been
voted for, the ballot must be rejected. The figures determined
by the various counts must be entered in the poll books of the
respective precincts. The vote must be canvassed in each
county by the county canvassing board, and certificate of
results must within fifteen days after the election be transmitted to the secretary of state. Upon receiving the certificate,
the secretary of state may require returns or poll books from
any county precinct to be forwarded for the secretary’s examination.
Where a district embraces precincts of more than one
county, the secretary of state shall combine the votes from all
the precincts included in each district. The delegates elected
in each district will be the number of candidates corresponding to the number of state representatives from the district,
who receive the highest number of votes in the group (either
"for" or "against") that received an aggregate number of votes
for all candidates in the group greater than the aggregate
number of votes for all the candidates in the other group. The
secretary of state shall issue certificates of election to the delegates so elected. [2003 c 111 § 1438; 1965 c 9 § 29.74.100.
Prior: 1933 c 181 § 6; RRS § 5249-6. Formerly RCW
29.74.100.]
29A.56.500 Meeting—Organization. The convention
shall meet at the time and place fixed in the governor’s proclamation. The secretary of state shall call it to order, who
shall then call the roll of the delegates and preside over the
convention until its president is elected. The chief justice of
the supreme court shall administer the oath of office to the
delegates. As far as practicable, the convention shall proceed
under the rules adopted by the last preceding session of the
state senate. The convention shall elect a president and a secretary and shall thereafter and thereupon proceed with a publicly recorded voice vote upon the proposition submitted by
the Congress of the United States. [2003 c 111 § 1439; 1965
c 9 § 29.74.110. Prior: 1933 c 181 § 7, part; RRS § 5249-7,
part. Formerly RCW 29.74.110.]
29A.56.500
29A.56.510 Quorum—Proceedings—Record. Twothirds of the elected members of said convention shall constitute a quorum to do business, and a majority of those elected
shall be sufficient to adopt or reject any proposition coming
before the convention. If such majority votes in favor of the
ratification of the amendment submitted to the convention,
the said amendment shall be deemed ratified by the state of
Washington; and if a majority votes in favor of rejecting or
not ratifying the amendment, the same shall be deemed
rejected by the state of Washington. [2003 c 111 § 1440.
Prior: 1965 c 9 § 29.74.120; prior: 1933 c 181 § 8, part; RRS
§ 5249-8, part. Formerly RCW 29.74.120.]
29A.56.510
29A.56.520 Certification and transmittal of result.
The vote of each member shall be recorded in the journal of
the convention, which shall be preserved by the secretary of
state as a public document. The action of the convention
shall be enrolled, signed by its president and secretary and
29A.56.520
[Title 29A RCW—page 82]
filed with the secretary of state and it shall be the duty of the
secretary of state to properly certify the action of the convention to the Congress of the United States as provided by general law. [2003 c 111 § 1441; 1965 c 9 § 29.74.130. Prior:
(i) 1933 c 181 § 7, part; RRS § 5249-7, part. (ii) 1933 c 181
§ 8, part; RRS § 5249-8, part. Formerly RCW 29.74.130.]
29A.56.530 Expenses—How paid—Delegates receive
filing fee. The delegates attending the convention shall be
paid the amount of their filing fee, upon vouchers approved
by the president and secretary of the convention and state
warrants issued thereon and payable from the general fund of
the state treasury. The delegates shall receive no other compensation or mileage. All other necessary expenses of the
convention shall be payable from the general fund of the state
upon vouchers approved by the president and secretary of the
convention. [2003 c 111 § 1442. Prior: 1965 c 9 §
29.74.140; prior: 1933 c 181 § 10; RRS § 5249-10. Formerly
RCW 29.74.140.]
29A.56.530
29A.56.540 Federal statutes controlling. If a congressional measure, which submits to the several states an amendment to the Constitution of the United States for ratification
or rejection, provides for or requires a different method of
calling and holding conventions to ratify or reject said
amendment, the requirements of said congressional measure
shall be followed so far as they conflict with the provisions of
this chapter. [2003 c 111 § 1443. Prior: 1965 c 9 §
29.74.150; prior: 1933 c 181 § 11; RRS § 5249-11. Formerly
RCW 29.74.150.]
29A.56.540
Chapter 29A.60
Chapter 29A.60 RCW
CANVASSING
Sections
29A.60.010
29A.60.021
29A.60.030
29A.60.040
29A.60.050
29A.60.060
29A.60.070
29A.60.080
29A.60.090
29A.60.095
29A.60.100
29A.60.110
29A.60.120
29A.60.125
29A.60.130
29A.60.140
29A.60.150
29A.60.160
29A.60.165
29A.60.170
29A.60.180
29A.60.185
29A.60.190
29A.60.195
29A.60.200
29A.60.210
29A.60.221
29A.60.230
29A.60.235
29A.60.240
Conduct of elections—Canvass.
Write-in voting—Declaration of candidacy—Counting of
vote.
Tabulation continuous.
Rejection of ballots or parts—Write-in votes.
Questions on validity of ballot—Rejection—Preservation
and return.
Poll-site ballot counting devices—Results.
Returns, precinct and cumulative—Delivery.
Sealing of voting devices—Exceptions.
Voting systems—Maintenance of documents.
Electronic voting devices—Record maintenance.
Votes by stickers, printed labels, rejected.
Ballot containers, sealing, opening.
Counting ballots—Official returns.
Damaged ballots.
Certificate not withheld for informality in returns.
Canvassing board—Membership—Authority—Delegation
of authority—Rule making.
Procedure when member a candidate.
Absentee ballots.
Unsigned absentee or provisional ballots.
Counting center, direction and observation of proceedings—
Manual count of certain precincts.
Credit for voting—Retention of ballots.
Audit of results.
Certification of election results—Unofficial returns.
Provisional ballots—Disposition.
Canvassing board—Canvassing procedure—Penalty.
Recanvass—Generally.
Tie in primary or final election.
Abstract by election officer—Transmittal to secretary of
state.
Certification reports.
Secretary of state—Primary returns—State offices, etc.
(2010 Ed.)
Canvassing
29A.60.250
29A.60.260
Secretary of state—Final returns—Scope.
Canvass on statewide measures.
29A.60.010 Conduct of elections—Canvass. All elections, whether special or general, held under RCW
*29A.04.320 and 29A.04.330 must be conducted by the
county auditor as ex officio county supervisor of elections
and, except as provided in RCW 29A.60.240, the returns canvassed by the county canvassing board. [2003 c 111 § 1501;
1965 c 123 § 4; 1965 c 9 § 29.13.040. Prior: 1963 c 200 § 6;
1955 c 55 § 3; 1951 c 257 § 4; 1951 c 101 § 4; 1949 c 161 §
5; Rem. Supp. 1949 § 5153-1. Formerly RCW 29.13.040.]
29A.60.010
*Reviser’s note: RCW 29A.04.320 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.04.321.
29A.60.021 Write-in voting—Declaration of candidacy—Counting of vote. (1) For any office at any election
or primary, any voter may write in on the ballot the name of
any person for an office who has filed as a write-in candidate
for the office in the manner provided by RCW 29A.24.311
and such vote shall be counted the same as if the name had
been printed on the ballot and marked by the voter. No writein vote made for any person who has not filed a declaration of
candidacy pursuant to RCW 29A.24.311 is valid if that person filed for the same office, either as a regular candidate or
a write-in candidate, at the preceding primary. Any abbreviation used to designate office or position will be accepted if
the canvassing board can determine, to its satisfaction, the
voter’s intent.
(2) The number of write-in votes cast for each office
must be recorded and reported with the canvass for the election.
(3) A write-in vote for an individual candidate for an
office whose name appears on the ballot for that same office
is a valid vote for that candidate as long as the candidate’s
name is clearly discernible, even if other requirements of
RCW 29A.24.311 are not satisfied and even if the voter also
marked a vote for that candidate such as to register an overvote. These votes need not be tabulated unless: (a) The difference between the number of votes cast for the candidate
apparently qualified to appear on the general election ballot
or elected and the candidate receiving the next highest number of votes is less than the sum of the total number of writein votes cast for the office plus the overvotes and undervotes
recorded by the vote tabulating system; or (b) a manual
recount is conducted for that office.
(4) Write-in votes cast for an individual candidate for an
office whose name does not appear on the ballot need not be
tallied unless the total number of write-in votes and undervotes recorded by the vote tabulation system for the office is
greater than the number of votes cast for the candidate apparently qualified to appear on the general election ballot or
elected.
(5) In the case of write-in votes for a statewide office or
any office whose jurisdiction encompasses more than one
county, write-in votes for an individual candidate must be tallied when the county auditor is notified by either the secretary
of state or another county auditor in the multicounty jurisdiction that it appears that the write-in votes must be tabulated
under the terms of this section. In all other cases, the county
auditor determines when write-in votes must be tabulated.
29A.60.021
(2010 Ed.)
29A.60.050
Any abstract of votes must be modified to reflect the tabulation and certified by the canvassing board. Tabulation of
write-in votes may be performed simultaneously with a
recount. [2005 c 243 § 12; 2004 c 271 § 147.]
29A.60.030 Tabulation continuous. Except as provided by rule under *RCW 29A.04.610, on the day of the primary or election, the tabulation of ballots at the polling place
or at the counting center shall proceed without interruption or
adjournment until all of the ballots cast at the polls at that primary or election have been tabulated. [2004 c 266 § 16; 2003
c 111 § 1503. Prior: 1990 c 59 § 58. Formerly RCW
29.54.042.]
29A.60.030
*Reviser’s note: RCW 29A.04.610 was amended by 2004 c 267 § 702
and repealed by 2004 c 271 § 193. RCW 29A.04.610 was subsequently
repealed by 2006 c 206 § 9. Later enactment, see RCW 29A.04.611.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.60.040 Rejection of ballots or parts—Write-in
votes. A ballot is invalid and no votes on that ballot may be
counted if it is found folded together with another ballot.
Those parts of a ballot are invalid and no votes may be
counted for those issues or offices where more votes are cast
for the office or issue than are permitted by law; write-in
votes do not contain all of the information required under
RCW 29A.60.021; or that issue or office is not marked with
sufficient definiteness to determine the voter’s choice or
intention. No write-in vote may be rejected due to a variation
in the form of the name if the election board or the canvassing
board can determine the issue for or against which or the person and the office for which the voter intended to vote. [2009
c 414 § 2; 2003 c 111 § 1504. Prior: 1999 c 158 § 13; 1999
c 157 § 4; 1990 c 59 § 56; 1977 ex.s. c 361 § 88; 1973 1st
ex.s. c 121 § 2; 1965 ex.s. c 101 § 11; 1965 c 9 § 29.54.050;
prior: (i) Code 1881 § 3091; 1865 p 38 § 2; RRS § 5336. (ii)
1895 c 156 § 10; 1889 p 411 § 29; RRS § 5294. (iii) 1905 c
39 § 1, part; 1889 p 405 § 15, part; RRS § 5272, part. (iv)
1895 c 156 § 11, part; 1886 p 128 § 1, part; Code 1881 §
3079, part; 1865 p 34 § 4, part; RRS § 5323, part. Formerly
RCW 29.54.050.]
29A.60.040
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.60.050 Questions on validity of ballot—Rejection—Preservation and return. Whenever the precinct
election officers or the counting center personnel have a
question about the validity of a ballot or the votes for an
office or issue that they are unable to resolve, they shall prepare and sign a concise record of the facts in question or dispute. These ballots shall be delivered to the canvassing board
for processing. A ballot is not considered rejected until the
canvassing board has rejected the ballot individually, or the
ballot was included in a batch or on a report of ballots that
was rejected in its entirety by the canvassing board. All ballots shall be preserved in the same manner as valid ballots for
that primary or election. [2005 c 243 § 13; 2003 c 111 §
1505. Prior: 1990 c 59 § 57; 1977 ex.s. c 361 § 89; 1965 c 9
29A.60.050
[Title 29A RCW—page 83]
29A.60.060
Title 29A RCW: Elections
§ 29.54.060; prior: Code 1881 § 3080, part; 1865 p 34 § 5,
part; RRS § 5324, part. Formerly RCW 29.54.060.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.60.060 Poll-site ballot counting devices—
Results. After the close of the polls, counties employing
poll-site ballot counting devices may telephonically or electronically transmit the accumulated tally for each device to a
central reporting location. Before making a telephonic or
electronic transmission the precinct election officer must create a printed record of the results of the election for that poll
site. During the canvassing period the results transmitted
telephonically or electronically must be considered unofficial
until a complete reconciliation of the results has been performed. This reconciliation may be accomplished by a direct
loading of the results from the memory pack into the central
accumulator, or a comparison of the report produced at the
poll site on election night with the results received by the central accumulating device. [2003 c 111 § 1506. Prior: 1999 c
158 § 12. Formerly RCW 29.54.097.]
29A.60.060
Memory pack from poll-site counting device: RCW 29A.44.330.
29A.60.070 Returns, precinct and cumulative—
Delivery. The county auditor shall produce cumulative and
precinct returns for each primary and election and deliver
them to the canvassing board for verification and certification. The precinct and cumulative returns of any primary or
election are public records under chapter 42.56 RCW.
Cumulative returns for state offices, judicial offices, the
United States senate, and congress must be electronically
transmitted to the secretary of state immediately. [2005 c 274
§ 249; 2005 c 243 § 14; 2003 c 111 § 1507. Prior: 1990 c 59
§ 60. Formerly RCW 29.54.105.]
29A.60.070
Reviser’s note: This section was amended by 2005 c 243 § 14 and by
2005 c 274 § 249, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.60.080 Sealing of voting devices—Exceptions.
Except for reopening to make a recanvass, the registering
mechanism of each mechanical voting device used in any primary or election shall remain sealed until ten days after the
completion of the canvass of that primary or election in that
county. Except where provided by a rule adopted under
*RCW 29A.04.610, voting devices used in a primary or election shall remain sealed until ten days after the completion of
the canvass of that primary or election in that county. [2004
c 266 § 17; 2003 c 111 § 1508. Prior: 1990 c 59 § 24; 1965
c 9 § 29.33.230; prior: 1917 c 7 § 1, part; 1913 c 58 § 15,
part; RRS § 5315, part. Formerly RCW 29.54.121,
29.33.230.]
29A.60.080
*Reviser’s note: RCW 29A.04.610 was amended by 2004 c 267 § 702
and repealed by 2004 c 271 § 193. RCW 29A.04.610 was subsequently
repealed by 2006 c 206 § 9. Later enactment, see RCW 29A.04.611.
Effective date—2004 c 266: See note following RCW 29A.04.575.
[Title 29A RCW—page 84]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.60.090 Voting systems—Maintenance of documents. In counties using voting systems, the county auditor
shall maintain the following documents for at least sixty days
after the primary or election:
(1) Sample ballot formats together with a record of the
format or formats assigned to each precinct;
(2) All programming material related to the control of
the vote tallying system for that primary or election; and
(3) All test materials used to verify the accuracy of the
tabulating equipment as required by RCW 29A.12.130.
[2003 c 111 § 1509. Prior: 1990 c 59 § 61; 1977 ex.s. c 361
§ 94. Formerly RCW 29.54.170.]
29A.60.090
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.60.095 Electronic voting devices—Record maintenance. (1) The electronic record produced and counted by
electronic voting devices is the official record of each vote
for election purposes. The paper record produced under
RCW 29A.12.085 must be stored and maintained for use only
in the following circumstances:
(a) In the event of a manual recount;
(b) By order of the county canvassing board;
(c) By order of a court of competent jurisdiction; or
(d) For use in the random audit of results described in
RCW 29A.60.185.
(2) When such paper record is used in any of the circumstances listed in subsection (1) of this section, it shall be the
official record of the election. [2005 c 242 § 3.]
29A.60.095
Preservation: RCW 29A.44.045.
Required: RCW 29A.12.085.
Unauthorized removal of paper record from polling place: RCW
29A.84.545.
29A.60.100 Votes by stickers, printed labels,
rejected. Votes cast by stickers or printed labels are not valid
for any purpose and shall be rejected. Votes cast by sticker or
label shall not affect the validity of other offices or issues on
the voter’s ballot. [2003 c 111 § 1510. Prior: 1990 c 59 § 46;
1965 ex.s. c 101 § 16. Formerly RCW 29.51.175.]
29A.60.100
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.60.110 Ballot containers, sealing, opening.
Immediately after their tabulation, all ballots counted at a ballot counting center must be sealed in containers that identify
the primary or election and be retained for at least sixty days
or according to federal law, whichever is longer. All ballots
tallied by poll-site ballot counting devices must be returned
to the elections department in sealed ballot containers on
election day. Counties composed entirely of islands or portions of counties composed of islands shall collect the ballots
within twenty-four hours of the close of the polls.
Ballots tabulated in poll-site ballot counting devices
must be sealed by two of the election precinct officers at the
polling place, and a log of the seal and the names of the people sealing the container must be completed. One copy of
29A.60.110
(2010 Ed.)
Canvassing
this log must be retained by the inspector, one copy must be
placed in the ballot transfer case, and one copy must be transported with the ballots to the elections department, where the
seal number must be verified by the county auditor or a designated representative. Ballots may be transported by one
election employee if the container is sealed at the poll and
then verified when returned to the elections department.
Auditors using poll-site ballot counting devices may conduct
early pickup of counted ballots on election day.
In the presence of major party observers who are available, ballots may be removed from the sealed containers at
the elections department and consolidated into one sealed
container for storage purposes. The containers may only be
opened by the canvassing board as part of the canvass, or to
conduct recounts, or under RCW 29A.60.170(3), or by order
of the superior court in a contest or election dispute. If the
canvassing board opens a ballot container, it shall make a full
record of the additional tabulation or examination made of
the ballots. This record must be added to any other record of
the canvassing process in that county. [2003 c 111 § 1511;
1999 c 158 § 14; 1990 c 59 § 59. Formerly RCW 29.54.075.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
29A.60.120 Counting ballots—Official returns. (1)
The ballots picked up from the precincts during the polling
hours may be counted only at the counting center before the
polls have closed. Election returns from the count of these
ballots must be held in secrecy until the polls have been
closed.
(2) Upon breaking the seals and opening the ballot containers from the precincts, all voted ballots must be manually
inspected for damage, write-in votes, and incorrect or incomplete marks. If it is found that any ballot is damaged so that
it cannot properly be counted by the vote tallying system, a
true duplicate copy must be made of the damaged ballot in
the presence of witnesses and substituted for the damaged
ballot. All damaged ballots must be kept by the county auditor until sixty days after the primary or election or according
to federal law, whichever is longer.
(3) The returns produced by the vote tallying system, to
which have been added the counts of questioned ballots,
write-in votes, and absentee votes, constitute the official
returns of the primary or election in that county. [2003 c 111
§ 1512; 1999 c 158 § 15; 1990 c 59 § 33; 1977 ex.s. c 361 §
74. Formerly RCW 29.54.085, 29.34.167.]
29A.60.120
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.60.125 Damaged ballots. If inspection of the ballot reveals a physically damaged ballot or ballot that may be
otherwise unreadable or uncountable by the tabulating system, the county auditor may refer the ballot to the county canvassing board or duplicate the ballot if so authorized by the
county canvassing board. The voter’s original ballot may not
be altered. A ballot may be duplicated only if the intent of the
voter’s marks on the ballot is clear and the electronic voting
equipment might not otherwise properly tally the ballot to
reflect the intent of the voter. Ballots must be duplicated by
teams of two or more people working together. When dupli29A.60.125
(2010 Ed.)
29A.60.140
cating ballots, the county auditor shall take the following
steps to create and maintain an audit trail of the action taken:
(1) Each original ballot and duplicate ballot must be
assigned the same unique control number, with the number
being marked upon the face of each ballot, to ensure that each
duplicate ballot may be tied back to the original ballot;
(2) A log must be kept of the ballots duplicated, which
must at least include:
(a) The control number of each original ballot and the
corresponding duplicate ballot;
(b) The initials of at least two people who participated in
the duplication of each ballot; and
(c) The total number of ballots duplicated.
Original and duplicate ballots must be sealed in secure
storage at all times, except during duplication, inspection by
the canvassing board, or tabulation. [2005 c 243 § 10.]
29A.60.130 Certificate not withheld for informality
in returns. No certificate shall be withheld on account of
any defect or informality in the returns of any election, if it
can with reasonable certainty be ascertained from such return
what office is intended, and who is entitled to such certificate,
nor shall any commission be withheld by the governor on
account of any defect or informality of any return made to the
office of the secretary of state. [2003 c 111 § 1513. Prior:
1965 c 9 § 29.27.120; prior: Code 1881 § 3102; 1865 p 41 §
13; RRS § 5347. Formerly RCW 29.27.120.]
29A.60.130
29A.60.140 Canvassing board—Membership—
Authority—Delegation of authority—Rule making. (1)
Members of the county canvassing board are the county auditor, who is the chair, the county prosecuting attorney, and the
chair of the county legislative body. If a member of the board
is not available to carry out the duties of the board, then the
auditor may designate a deputy auditor, the prosecutor may
designate a deputy prosecuting attorney, and the chair of the
county legislative body may designate another member of the
county legislative body or, in a county with a population over
one million, an employee of the legislative body who reports
directly to the chair. An "employee of the legislative body"
means an individual who serves in any of the following positions: Chief of staff; legal counsel; clerk of the council; policy staff director; and any successor positions to these positions should these original positions be changed. Any such
designation may be made on an election-by-election basis or
may be on a permanent basis until revoked by the designating
authority. Any such designation must be in writing, and if for
a specific election, must be filed with the county auditor not
later than the day before the first day duties are to be undertaken by the canvassing board. If the designation is permanent until revoked by the designating authority, then the designation must be on file in the county auditor’s office no later
than the day before the first day the designee is to undertake
the duties of the canvassing board. Members of the county
canvassing board designated by the county auditor, county
prosecuting attorney, or chair of the county legislative body
shall complete training as provided in RCW 29A.04.540 and
shall take an oath of office similar to that taken by county
auditors and deputy auditors in the performance of their
duties.
29A.60.140
[Title 29A RCW—page 85]
29A.60.150
Title 29A RCW: Elections
(2) The county canvassing board may adopt rules that
delegate in writing to the county auditor or the county auditor’s staff the performance of any task assigned by law to the
canvassing board.
(3) The county canvassing board may not delegate the
responsibility of certifying the returns of a primary or election, of determining the validity of challenged ballots, or of
determining the validity of provisional ballots referred to the
board by the county auditor.
(4) The county canvassing board shall adopt administrative rules to facilitate and govern the canvassing process in
that jurisdiction.
(5) Meetings of the county canvassing board are public
meetings under chapter 42.30 RCW. All rules adopted by the
county canvassing board must be adopted in a public meeting
under chapter 42.30 RCW, and once adopted must be available to the public to review and copy under chapter 42.56
RCW. [2008 c 308 § 1; 2005 c 274 § 250; 2003 c 111 §
1514.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
29A.60.150 Procedure when member a candidate.
The members of the county canvassing board may not
include individuals who are candidates for an office to be
voted upon at the primary or election. If no individual is
available to serve on the canvassing board who is not a candidate at the primary or election the individual who is a candidate must not make decisions regarding the determination
of a voter’s intent with respect to a vote cast for that specific
office; the decision must be made by the other two members
of the board. If the two disagree, the vote must not be
counted unless the number of those votes could affect the
result of the primary or election, in which case the secretary
of state or a designee shall make the decision on those votes.
This section does not restrict participation in decisions as to
the acceptance or rejection of entire ballots, unless the office
in question is the only one for which the voter cast a vote.
[2003 c 111 § 1515; 1995 c 139 § 3; 1965 c 9 § 29.62.030.
Prior: 1957 c 195 § 16; prior: (i) Code 1881 § 3098; 1865 p
39 § 8; RRS § 5345. (ii) 1919 c 163 § 21, part; Code 1881 §
3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part; RRS §
5340, part. Formerly RCW 29.62.030.]
29A.60.150
29A.60.160 Absentee ballots. (Expires July 1, 2013.)
(1) Except for an election conducted under the instant runoff
voting method for the pilot project authorized by RCW
29A.53.020, the county auditor, as delegated by the county
canvassing board, shall process absentee ballots and canvass
the votes cast at that primary or election on a daily basis in
counties with a population of seventy-five thousand or more,
or at least every third day for counties with a population of
less than seventy-five thousand, if the county auditor is in
possession of more than five hundred ballots that have yet to
be canvassed.
(2) Saturdays, Sundays, and legal holidays are not
counted for purposes of this section.
(3) In order to protect the secrecy of a ballot, the county
auditor may use discretion to decide when to process absentee ballots and canvass the votes.
29A.60.160
[Title 29A RCW—page 86]
(4) Tabulation results must be made available to the public immediately upon completion of the canvass. [2007 c 373
§ 1. Prior: 2005 c 243 § 15; 2005 c 153 § 11; 2003 c 111 §
1516; 1999 c 259 § 4; 1995 c 139 § 2; 1987 c 54 § 2; 1965 c
9 § 29.62.020; prior: 1957 c 195 § 15; prior: 1919 c 163 §
21, part; Code 1881 § 3095, part; 1868 p 20 § 1, part; 1865 p
39 § 6, part; RRS § 5340, part. Formerly RCW 29.62.020.]
Expiration date—2007 c 373 § 1: "Section 1 of this act expires July 1,
2013." [2007 c 373 § 4.]
Expiration date—2005 c 153 §§ 11 and 12: "Sections 11 and 12 of
this act expire July 1, 2013." [2005 c 153 § 14.]
Captions not law—Severability—2005 c 153: See RCW 29A.53.901
and 29A.53.902.
Absentee ballots, canvassing: RCW 29A.40.110.
29A.60.160 Absentee ballots. (Effective July 1, 2013.)
(1) The county auditor, as delegated by the county canvassing
board, shall process absentee ballots and canvass the votes
cast at that primary or election on a daily basis in counties
with a population of seventy-five thousand or more, or at
least every third day for counties with a population of less
than seventy-five thousand, if the county auditor is in possession of more than five hundred ballots that have yet to be canvassed.
(2) Saturdays, Sundays, and legal holidays are not
counted for purposes of this section.
(3) In order to protect the secrecy of a ballot, the county
auditor may use discretion to decide when to process absentee ballots and canvass the votes.
(4) Tabulation results must be made available to the public immediately upon completion of the canvass. [2007 c 373
§ 2; 2005 c 243 § 15; 2003 c 111 § 1516; 1999 c 259 § 4; 1995
c 139 § 2; 1987 c 54 § 2; 1965 c 9 § 29.62.020. Prior: 1957
c 195 § 15; prior: 1919 c 163 § 21, part; Code 1881 § 3095,
part; 1868 p 20 § 1, part; 1865 p 39 § 6, part; RRS § 5340,
part. Formerly RCW 29.62.020.]
29A.60.160
Effective date—2007 c 373 § 2: "Section 2 of this act takes effect July
1, 2013." [2007 c 373 § 5.]
Absentee ballots, canvassing: RCW 29A.40.110.
29A.60.165 Unsigned absentee or provisional ballots.
(1) If the voter neglects to sign the outside envelope of an
absentee or provisional ballot, the auditor shall notify the
voter by first-class mail and advise the voter of the correct
procedures for completing the unsigned affidavit. If the
absentee ballot is received within three business days of the
final meeting of the canvassing board, or the voter has been
notified by first-class mail and has not responded at least
three business days before the final meeting of the canvassing
board, then the auditor shall attempt to notify the voter by
telephone, using the voter registration record information. In
order for the ballot to be counted, the voter must either:
(a) Appear in person and sign the envelope no later than
the day before the certification of the primary or election; or
(b) Sign a copy of the envelope provided by the auditor,
and return it to the auditor no later than the day before the certification of the primary or election.
(2)(a) If the handwriting of the signature on an absentee
or provisional ballot envelope is not the same as the handwriting of the signature on the registration file, the auditor
shall notify the voter by first-class mail, enclosing a copy of
29A.60.165
(2010 Ed.)
Canvassing
29A.60.180
the envelope affidavit, and advise the voter of the correct procedures for updating his or her signature on the voter registration file. If the absentee or provisional ballot is received
within three business days of the final meeting of the canvassing board, or the voter has been notified by first-class
mail and has not responded at least three business days before
the final meeting of the canvassing board, then the auditor
shall attempt to notify the voter by telephone, using the voter
registration record information. In order for the ballot to be
counted, the voter must either:
(i) Appear in person and sign a new registration form no
later than the day before the certification of the primary or
election; or
(ii) Sign a copy of the affidavit provided by the auditor
and return it to the auditor no later than the day before the certification of the primary or election. The voter may enclose
with the affidavit a photocopy of a valid government or tribal
issued identification document that includes the voter’s current signature. If the signature on the copy of the affidavit
does not match the signature on file or the signature on the
copy of the identification document, the voter must appear in
person and sign a new registration form no later than the day
before the certification of the primary or election in order for
the ballot to be counted.
(b) If the signature on an absentee or provisional ballot
envelope is not the same as the signature on the registration
file because the name is different, the ballot may be counted
as long as the handwriting is clearly the same. The auditor
shall send the voter a change-of-name form under RCW
29A.08.440 and direct the voter to complete the form.
(c) If the signature on an absentee or provisional ballot
envelope is not the same as the signature on the registration
file because the voter used initials or a common nickname,
the ballot may be counted as long as the surname and handwriting are clearly the same.
(3) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.
(4) A record must be kept of all ballots with missing and
mismatched signatures. The record must contain the date on
which the voter was contacted or the notice was mailed, as
well as the date on which the voter signed the envelope, a
copy of the envelope, a new registration form, or a change-ofname form. That record is a public record under chapter
42.56 RCW and may be disclosed to interested parties on
written request. [2006 c 209 § 4; 2006 c 208 § 1; 2005 c 243
§ 8.]
employed and authorized by the county auditor may touch
any ballot or ballot container or operate a vote tallying system.
(2) In counties in which ballots are not counted at the
polling place, the official political party observers, upon
mutual agreement, may request that a precinct be selected at
random on receipt of the ballots from the polling place and
that a manual count be made of the number of ballots and of
the votes cast on any office or issue. The ballots for that precinct must then be counted by the vote tallying system, and
this result will be compared to the results of the manual
count. This may be done as many as three times during the
tabulation of ballots on the day of the primary or election.
(3) In counties using poll-site ballot counting devices,
the political party observers, upon mutual agreement, may
choose as many as three precincts and request that a manual
count be made of the number of ballots and the votes cast on
any office or issue. The results of this count will be compared to the count of the precinct made by the poll-site ballot
counting device. These selections must be made no later than
thirty minutes after the close of the polls. The manual count
must be completed within forty-eight hours after the close of
the polls. The process must take place at a location designated by the county auditor for that purpose. The political
party observers must receive timely notice of the time and
location, and have the right to be present. However, the process must proceed as scheduled if the observers are unable to
attend.
(4) In counties voting entirely by mail, a random check
of the ballot counting equipment may be conducted upon
mutual agreement of the political party observers or at the
discretion of the county auditor. The random check procedures must be adopted by the county canvassing board prior
to the processing of ballots. The random check process shall
involve a comparison of a manual count to the machine count
and may involve up to either three precincts or six batches
depending on the ballot counting procedures in place in the
county. The random check will be limited to one office or
issue on the ballots in the precincts or batches that are
selected for the check. The selection of the precincts or
batches to be checked must be selected according to procedures established by the county canvassing board and the
check must be completed no later than forty-eight hours after
election day. [2007 c 373 § 3; 2003 c 111 § 1517; 1999 c 158
§ 9; 1990 c 59 § 30; 1977 ex.s. c 361 § 71. Formerly RCW
29.54.025, 29.34.153.]
Reviser’s note: This section was amended by 2006 c 208 § 1 and by
2006 c 209 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—2006 c 209: See RCW 42.56.903.
29A.60.170 Counting center, direction and observation of proceedings—Manual count of certain precincts.
(1) The counting center in a county using voting systems is
under the direction of the county auditor and must be
observed by one representative from each major political
party, if representatives have been appointed by the respective major political parties and these representatives are
present while the counting center is operating. The proceedings must be open to the public, but no persons except those
29A.60.170
(2010 Ed.)
Additional notes found at www.leg.wa.gov
29A.60.180 Credit for voting—Retention of ballots.
Each registered voter casting an absentee ballot will be credited with voting on his or her voter registration record.
Absentee ballots must be retained for the same length of time
and in the same manner as ballots cast at the precinct polling
places. [2003 c 111 § 1518. Prior: 2001 c 241 § 12; 1988 c
181 § 3; 1987 c 346 § 16; 1983 c 136 § 1; 1965 c 9 §
29.36.075; prior: 1961 c 78 § 1. Formerly RCW 29.36.330,
29.36.075.]
29A.60.180
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
[Title 29A RCW—page 87]
29A.60.185
Title 29A RCW: Elections
29A.60.185 Audit of results. Prior to certification of
the election as required by RCW 29A.60.190, the county
auditor shall conduct an audit of results of votes cast on the
direct recording electronic voting devices used in the county.
This audit must be conducted by randomly selecting by lot up
to four percent of the direct recording electronic voting
devices or one direct recording electronic voting device,
whichever is greater, and, for each device, comparing the
results recorded electronically with the results recorded on
paper. For purposes of this audit, the results recorded on
paper must be tabulated as follows: On one-fourth of the
devices selected for audit, the paper records must be tabulated manually; on the remaining devices, the paper records
may be tabulated by a mechanical device determined by the
secretary of state to be capable of accurately reading the votes
cast and printed thereon and qualified for use in the state
under applicable state and federal laws. Three races or
issues, randomly selected by lot, must be audited on each
device. This audit procedure must be subject to observation
by political party representatives if representatives have been
appointed and are present at the time of the audit. [2005 c
242 § 5.]
29A.60.185
29A.60.190 Certification of election results—Unofficial returns. (Expires July 1, 2013.) (1) Except as provided
by subsection (3) of this section, fifteen days after a primary
or special election and twenty-one days after a general election, the county canvassing board shall complete the canvass
and certify the results. Each absentee ballot that was returned
before the closing of the polls, and each absentee ballot bearing a postmark on or before the date of the primary or election
and received on or before the date on which the primary or
election is certified, must be included in the canvass report.
(2) At the request of a caucus of the state legislature, the
county auditor shall transmit copies of all unofficial returns
of state and legislative primaries or elections prepared by or
for the county canvassing board to either the secretary of the
senate or the chief clerk of the house of representatives.
(3) On or before the thirtieth day after an election conducted under the instant runoff voting method for the pilot
project authorized by RCW 29A.53.020, the canvassing
board shall complete the canvass and certify the results.
[2006 c 344 § 16. Prior: 2005 c 243 § 16; 2005 c 153 § 12;
2004 c 266 § 18; 2003 c 111 § 1519.]
29A.60.190
or election and received on or before the date on which the
primary or election is certified, must be included in the canvass report.
(2) At the request of a caucus of the state legislature, the
county auditor shall transmit copies of all unofficial returns
of state and legislative primaries or elections prepared by or
for the county canvassing board to either the secretary of the
senate or the chief clerk of the house of representatives.
[2006 c 344 § 17; 2005 c 243 § 16; 2004 c 266 § 18; 2003 c
111 § 1519.]
Effective date—2006 c 344 § 17: "Section 17 of this act takes effect
July 1, 2013." [2006 c 344 § 43.]
Effective date—2004 c 266: See note following RCW 29A.04.575.
29A.60.195 Provisional ballots—Disposition. Before
certification of the primary or election, the county auditor
must examine and investigate all received provisional ballots
to determine whether the ballot can be counted. The auditor
shall provide the disposition of the provisional ballot and, if
the ballot was not counted, the reason why it was not counted,
on a free access system such as a toll-free telephone number,
web site, mail, or other means. The auditor must notify the
voter in accordance with RCW 29A.60.165 when the envelope is unsigned or when the signatures do not match. [2005
c 243 § 9.]
29A.60.195
Expiration date—2006 c 344 § 16: "Section 16 of this act expires July
1, 2013." [2006 c 344 § 42.]
29A.60.200 Canvassing board—Canvassing procedure—Penalty. Before canvassing the returns of a primary
or election, the chair of the county legislative authority or the
chair’s designee shall administer an oath to the county auditor or the auditor’s designee attesting to the authenticity of
the information presented to the canvassing board. This oath
must be signed by the county auditor or designee and filed
with the returns of the primary or election.
The county canvassing board shall proceed to verify the
results from the precincts and the absentee ballots. The board
shall execute a certificate of the results of the primary or election signed by all members of the board or their designees.
Failure to certify the returns, if they can be ascertained with
reasonable certainty, is a crime under RCW 29A.84.720.
[2003 c 111 § 1520; 1990 c 59 § 63; 1965 c 9 § 29.62.040.
Prior: 1957 c 195 § 17; prior: (i) 1919 c 163 § 21, part; Code
1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part;
RRS § 5340, part. (ii) 1893 c 112 § 2; RRS § 5342. (iii) 1903
c 85 § 1, part; Code 1881 § 3094, part; 1865 p 38 § 4, part;
RRS § 5339, part. Formerly RCW 29.62.040.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Expiration date—2005 c 153 §§ 11 and 12: See note following RCW
29A.60.160.
Captions not law—Severability—2005 c 153: See RCW 29A.53.901
and 29A.53.902.
Effective date—2004 c 266: See note following RCW 29A.04.575.
29A.60.190 Certification of election results—Unofficial returns. (Effective July 1, 2013.) (1) Fifteen days after
a primary or special election and twenty-one days after a general election, the county canvassing board shall complete the
canvass and certify the results. Each absentee ballot that was
returned before the closing of the polls, and each absentee
ballot bearing a postmark on or before the date of the primary
29A.60.190
[Title 29A RCW—page 88]
29A.60.200
29A.60.210 Recanvass—Generally. Whenever the
canvassing board finds during the initial counting process, or
during any subsequent recount thereof, that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, or that election staff has made an error
regarding the treatment or disposition of a ballot, the board
may recanvass the ballots or voting devices in any precincts
of the county. The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify or
recertify the results of the primary, election, or subsequent
recount and correct any error and document the correction of
any error that it finds. [2005 c 243 § 17; 2003 c 111 § 1521;
29A.60.210
(2010 Ed.)
Canvassing
1990 c 59 § 64; 1965 c 9 § 29.62.050. Prior: 1951 c 193 § 1;
1917 c 7 § 1, part; 1913 c 58 § 15, part; RRS § 5315, part.
Formerly RCW 29.62.050.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Voting systems: Chapter 29A.12 RCW.
29A.60.221 Tie in primary or final election. (1) If the
requisite number of any federal, state, county, city, or district
offices have not been nominated in a primary by reason of
two or more persons having an equal and requisite number of
votes for being placed on the general election ballot, the official empowered by state law to certify candidates for the general election ballot shall give notice to the several persons so
having the equal and requisite number of votes to attend at
the appropriate office at the time designated by that official,
who shall then and there proceed publicly to decide by lot
which of those persons will be declared nominated and
placed on the general election ballot.
(2) If the requisite number of any federal, state, county,
city, district, or precinct officers have not been elected by reason of two or more persons having an equal and highest number of votes for one and the same office, the official empowered by state law to issue the original certificate of election
shall give notice to the several persons so having the highest
and equal number of votes to attend at the appropriate office
at the time to be appointed by that official, who shall then and
there proceed publicly to decide by lot which of those persons
will be declared duly elected, and the official shall make out
and deliver to the person thus duly declared elected a certificate of election. [2004 c 271 § 176.]
29A.60.221
Tie vote for executive branch officer: State Constitution Art. III § 4.
29A.60.230 Abstract by election officer—Transmittal to secretary of state. (1) Immediately after the official
results of a state primary or general election in a county are
ascertained, the county auditor or other election officer shall
make an abstract of the number of registered voters in each
precinct and of all the votes cast in the county at such state
primary or general election for and against state measures and
for each candidate for federal, state, and legislative office or
for any other office which the secretary of state is required by
law to canvass. The cumulative report of the election and a
copy of the certificate of the election must be transmitted to
the secretary of state immediately, through electronic means
and mailed with the abstract of votes no later than the next
business day following the certification by the county canvassing board.
(2) After each general election, the county auditor or
other election officer shall provide to the secretary of state a
report of the number of absentee ballots cast in each precinct
for and against state measures and for each candidate for federal, state, and legislative office or for any other office which
the secretary of state is required by law to canvass. The
report may be included in the abstract required by this section
or may be transmitted to the secretary of state separately, but
in no event later than March 31st of the year following the
election. Absentee ballot results may be incorporated into
votes cast at the polls for each precinct or may be reported
separately on a precinct-by-precinct basis.
29A.60.230
(2010 Ed.)
29A.60.240
(3) If absentee ballot results are not incorporated into
votes cast at the polls, the county auditor or other election
official may aggregate results from more than one precinct if
the auditor, pursuant to rules adopted by the secretary of
state, finds that reporting a single precinct’s absentee ballot
results would jeopardize the secrecy of a person’s ballot. To
the extent practicable, precincts for which absentee results
are aggregated must be contiguous. [2003 c 111 § 1523;
2001 c 225 § 2; 1999 c 298 § 21; 1990 c 262 § 1; 1977 ex.s. c
361 § 96; 1965 c 9 § 29.62.090. Prior: (i) 1895 c 156 § 12;
Code 1881 § 3101; 1865 p 40 § 12; RRS § 5346. (ii) Code
1881 § 3103; 1865 p 41 § 14; RRS § 5348. Formerly RCW
29.62.090.]
Additional notes found at www.leg.wa.gov
29A.60.235 Certification reports. (1) The county
auditor shall prepare, make publicly available at the auditor’s
office or on the auditor’s web site, and submit at the time of
certification an election reconciliation report that discloses
the following information:
(a) The number of registered voters;
(b) The number of ballots counted;
(c) The number of provisional ballots issued;
(d) The number of provisional ballots counted;
(e) The number of provisional ballots rejected;
(f) The number of absentee ballots issued;
(g) The number of absentee ballots counted;
(h) The number of absentee ballots rejected;
(i) The number of federal write-in ballots counted;
(j) The number of overseas and service ballots issued;
(k) The number of overseas and service ballots counted;
and
(l) The number of overseas and service ballots rejected.
(2) The county auditor shall prepare and make publicly
available at the auditor’s office or on the auditor’s web site
within thirty days of certification a final election reconciliation report that discloses the following information:
(a) The number of registered voters;
(b) The total number of voters credited with voting;
(c) The number of poll voters credited with voting;
(d) The number of provisional voters credited with voting;
(e) The number of absentee voters credited with voting;
(f) The number of federal write-in voters credited with
voting;
(g) The number of overseas and service voters credited
with voting;
(h) The total number of voters credited with voting even
though their ballots were postmarked after election day and
were not counted; and
(i) Any other information the auditor deems necessary to
reconcile the number of ballots counted with the number of
voters credited with voting.
(3) The county auditor may also prepare such reports for
jurisdictions located, in whole or in part, in the county. [2009
c 369 § 41; 2005 c 243 § 11.]
29A.60.235
29A.60.240 Secretary of state—Primary returns—
State offices, etc. The secretary of state shall, as soon as possible but in any event not later than the third Tuesday follow29A.60.240
[Title 29A RCW—page 89]
29A.60.250
Title 29A RCW: Elections
ing the primary, canvass and certify the returns of all primary
elections as to candidates for state offices, United States senators and representatives in Congress, and all other candidates whose district extends beyond the limits of a single
county. [2003 c 111 § 1524; 1977 ex.s. c 361 § 97; 1965 c 9
§ 29.62.100. Prior: 1961 c 130 § 11; prior: 1907 c 209 § 24,
part; RRS § 5201, part. Formerly RCW 29.62.100.]
Additional notes found at www.leg.wa.gov
29A.60.250 Secretary of state—Final returns—
Scope. As soon as the returns have been received from all the
counties of the state, but not later than the thirtieth day after
the election, the secretary of state shall canvass and certify
the returns of the general election as to candidates for state
offices, the United States senate, congress, and all other candidates whose districts extend beyond the limits of a single
county. The secretary of state shall transmit a copy of the
certification to the governor, president of the senate, and
speaker of the house of representatives. [2005 c 243 § 18;
2003 c 111 § 1525; 1965 c 9 § 29.62.120. Prior: Code 1881
§ 3100, part; No RRS. Formerly RCW 29.62.120.]
29A.60.250
29A.60.260 Canvass on statewide measures. The
votes on proposed amendments to the state Constitution, recommendations for the calling of constitutional conventions
and other questions submitted to the people must be counted,
canvassed, and returned by each county canvassing board in
the manner provided by law for counting, canvassing, and
returning votes for candidates for state offices. The secretary
of state shall, in the presence of the governor, within thirty
days after the election, canvass the votes upon each question
and certify to the governor the result. The governor shall
forthwith issue a proclamation giving the whole number of
votes cast in the state for and against such measure and
declaring the result. If the vote cast upon an initiative or referendum measure is equal to less than one-third of the total
vote cast at the election, the governor shall proclaim the measure to have failed. [2003 c 111 § 1526; 1965 c 9 §
29.62.130. Prior: (i) 1913 c 138 § 30; RRS § 5426. (ii) 1917
c 23 § 1; RRS § 5341. Formerly RCW 29.62.130.]
29A.60.260
Chapter 29A.64
Chapter 29A.64 RCW
RECOUNTS
Sections
29A.64.011
29A.64.021
29A.64.030
29A.64.041
29A.64.050
29A.64.061
29A.64.070
29A.64.081
29A.64.090
29A.64.100
Application—Requirements—Application of chapter.
Mandatory.
Deposit of fees—Notice—Public proceeding.
Procedure—Observers—Request to stop.
Partial recount requiring complete recount.
Amended abstracts.
Limitation.
Expenses—Charges.
Statewide measures—When mandatory—Cost at state
expense.
Statewide measures—Funds for additional expenses.
29A.64.011 Application—Requirements—Application of chapter. An officer of a political party or any person
for whom votes were cast in a primary who was not declared
nominated may file a written application for a recount of the
votes or a portion of the votes cast at that primary for all persons for whom votes were cast for nomination to that office.
29A.64.011
[Title 29A RCW—page 90]
An officer of a political party or any person for whom
votes were cast at any election may file a written application
for a recount of the votes or a portion of the votes cast at that
election for all candidates for election to that office.
Any group of five or more registered voters may file a
written application for a recount of the votes or a portion of
the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.
An application for a recount of the votes cast for an
office or on a ballot measure must be filed with the officer
with whom filings are made for the jurisdiction.
An application for a recount must specify whether the
recount will be done manually or by the vote tally system. A
recount done by the vote tally system must use programming
that recounts and reports only the office or ballot measure in
question. The county shall also provide for a test of the logic
and accuracy of that program.
An application for a recount must be filed within three
business days after the county canvassing board or secretary
of state has declared the official results of the primary or election for the office or issue for which the recount is requested.
This chapter applies to the recounting of votes cast by
paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system. [2004 c 271 § 177.]
29A.64.021 Mandatory. (1) If the official canvass of
all of the returns for any office at any primary or election
reveals that the difference in the number of votes cast for a
candidate apparently nominated or elected to any office and
the number of votes cast for the closest apparently defeated
opponent is less than two thousand votes and also less than
one-half of one percent of the total number of votes cast for
both candidates, the county canvassing board shall conduct a
recount of all votes cast on that position.
(a) Whenever such a difference occurs in the number of
votes cast for candidates for a position the declaration of candidacy for which was filed with the secretary of state, the secretary of state shall, within three business days of the day that
the returns of the primary or election are first certified by the
canvassing boards of those counties, direct those boards to
recount all votes cast on the position.
(b)(i) For statewide elections, if the difference in the
number of votes cast for the apparent winner and the closest
apparently defeated opponent is less than one thousand votes
and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be
recounted manually or as provided in subsection (3) of this
section.
(ii) For elections not included in (b)(i) of this subsection,
if the difference in the number of votes cast for the apparent
winner and the closest apparently defeated opponent is less
than one hundred fifty votes and also less than one-fourth of
one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in
subsection (3) of this section.
(2) A mandatory recount shall be conducted in the manner provided by RCW 29A.64.030, 29A.64.041, and
29A.64.061. No cost of a mandatory recount may be charged
to any candidate.
29A.64.021
(2010 Ed.)
Recounts
(3) The apparent winner and closest apparently defeated
opponent for an office for which a manual recount is required
under subsection (1)(b) of this section may select an alternative method of conducting the recount. To select such an
alternative, the two candidates shall agree to the alternative in
a signed, written statement filed with the election official for
the office. The recount shall be conducted using the alternative method if: It is suited to the balloting system that was
used for casting the votes for the office; it involves the use of
a vote tallying system that is approved for use in this state by
the secretary of state; and the vote tallying system is readily
available in each county required to conduct the recount. If
more than one balloting system was used in casting votes for
the office, an alternative to a manual recount may be selected
for each system. [2005 c 243 § 19; 2004 c 271 § 178.]
29A.64.030 Deposit of fees—Notice—Public proceeding. An application for a recount shall state the office
for which a recount is requested and whether the request is
for all or only a portion of the votes cast in that jurisdiction of
that office. The person filing an application for a manual
recount shall, at the same time, deposit with the county canvassing board or secretary of state, in cash or by certified
check, a sum equal to twenty-five cents for each ballot cast in
the jurisdiction or portion of the jurisdiction for which the
recount is requested as security for the payment of any costs
of conducting the recount. If the application is for a machine
recount, the deposit must be equal to fifteen cents for each
ballot. These charges shall be determined by the county canvassing board or boards under RCW 29A.64.081.
The county canvassing board shall determine the date,
time, and place or places at which the recount will be conducted. Not less than two days before the date of the recount,
the county auditor shall mail a notice of the time and place of
the recount to the applicant or affected parties and, if the
recount involves an office, to any person for whom votes
were cast for that office. The county auditor shall also notify
the affected parties by either telephone, fax, e-mail, or other
electronic means at the time of mailing. At least three
attempts must be made over a two-day period to notify the
affected parties or until the affected parties have received the
notification. Each attempt to notify affected parties must
request a return response indicating that the notice has been
received. Each person entitled to receive notice of the
recount may attend, witness the recount, and be accompanied
by counsel.
Proceedings of the canvassing board are public under
chapter 42.30 RCW. Subject to reasonable and equitable
guidelines adopted by the canvassing board, all interested
persons may attend and witness a recount. [2005 c 243 § 20;
2003 c 111 § 1603. Prior: 2001 c 225 § 5; 1991 c 81 § 36;
1987 c 54 § 5; 1977 ex.s. c 361 § 99; 1965 c 9 § 29.64.020;
prior: 1961 c 50 § 2; 1955 c 215 § 2. Formerly RCW
29.64.020.]
29A.64.030
Additional notes found at www.leg.wa.gov
29A.64.041 Procedure—Observers—Request to
stop. (1) At the time and place established for a recount, the
canvassing board or its duly authorized representatives, in the
presence of all witnesses who may be in attendance, shall
29A.64.041
(2010 Ed.)
29A.64.061
open the sealed containers containing the ballots to be
recounted, and shall recount the votes for the offices or issues
for which the recount has been ordered. Ballots shall be handled only by the members of the canvassing board or their
duly authorized representatives.
Witnesses shall be permitted to observe the ballots and
the process of tabulating the votes, but they shall not be permitted to handle the ballots. The canvassing board shall not
permit the tabulation of votes for any nomination, election, or
issue other than the ones for which a recount was applied for
or required.
(2) At any time before the ballots from all of the precincts listed in the application for the recount have been
recounted, the applicant may file with the board a written
request to stop the recount.
(3) The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted. The
observers may not make a record of the names, addresses, or
other information on the ballots, poll books, or applications
for absentee ballots unless authorized by the superior court.
The secretary of state or county auditor may limit the number
of observers to not less than two on each side if, in his or her
opinion, a greater number would cause undue delay or disruption of the recount process. [2004 c 271 § 179.]
29A.64.050 Partial recount requiring complete
recount. When a partial recount of votes cast for an office or
issue changes the result of the election, the canvassing board
or the secretary of state, if the office or issue is being
recounted at his or her direction, shall order a complete
recount of all ballots cast for the office or issue for the jurisdiction in question.
This recount will be conducted in a manner consistent
with *RCW 29A.64.020. [2003 c 111 § 1605. Prior: 2001 c
225 § 7. Formerly RCW 29.64.035.]
29A.64.050
*Reviser’s note: RCW 29A.64.020 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.64.021.
29A.64.061 Amended abstracts. Upon completion of
the canvass of a recount, the canvassing board shall prepare
and certify an amended abstract showing the votes cast in
each precinct for which the recount was conducted. Copies
of the amended abstracts must be transmitted to the same
officers who received the abstract on which the recount was
based.
If the nomination, election, or issue for which the
recount was conducted was submitted only to the voters of a
county, the canvassing board shall file the amended abstract
with the original results of that election or primary.
If the nomination, election, or issue for which a recount
was conducted was submitted to the voters of more than one
county, the secretary of state shall canvass the amended
abstracts and shall file an amended abstract with the original
results of that election. The secretary of state may require
that the amended abstracts be certified by each canvassing
board on a uniform date. An amended abstract certified
under this section supersedes any prior abstract of the results
for the same offices or issues at the same primary or election.
[2005 c 243 § 21; 2004 c 271 § 180.]
29A.64.061
[Title 29A RCW—page 91]
29A.64.070
Title 29A RCW: Elections
29A.64.070 Limitation. After the original count, canvass, and certification of results, the votes cast in any single
precinct may not be recounted and the results recertified more
than twice. [2003 c 111 § 1607. Prior: 2001 c 225 § 9; 1991
c 90 § 3. Formerly RCW 29.64.051.]
29A.68.070
29A.68.080
Finding, purpose—1991 c 90: "The legislature finds that it is in the
public interest to determine the winner of close contests for elective offices
as expeditiously and as accurately as possible. It is the purpose of this act to
provide procedures which promote the prompt and accurate recounting of
votes for elective offices and which provide closure to the recount process."
[1991 c 90 § 1.]
29A.68.120
29A.64.070
29A.64.081 Expenses—Charges. The canvassing
board shall determine the expenses for conducting a recount
of votes.
The cost of the recount shall be deducted from the
amount deposited by the applicant for the recount at the time
of filing the request for the recount, and the balance shall be
returned to the applicant. If the costs of the recount exceed
the deposit, the applicant shall pay the difference. No
charges may be deducted by the canvassing board from the
deposit for a recount if the recount changes the result of the
nomination or election for which the recount was ordered.
[2004 c 271 § 181.]
29A.64.081
29A.64.090 Statewide measures—When mandatory—Cost at state expense. When the official canvass of
returns of any election reveals that the difference in the number of votes cast for the approval of a statewide measure and
the number of votes cast for the rejection of such measure is
less than two thousand votes and also less than one-half of
one percent of the total number of votes cast on such measure, the secretary of state shall direct that a recount of all
votes cast on such measure be made on such measure, in the
manner provided by *RCW 29A.64.040 and 29A.64.060, and
the cost of such recount will be at state expense. [2003 c 111
§ 1609. Prior: 2001 c 225 § 11; 1973 c 82 § 1. Formerly
RCW 29.64.080.]
29A.64.090
*Reviser’s note: RCW 29A.64.040 and 29A.64.060 were repealed by
2004 c 271 § 193. Later enactment, see RCW 29A.64.041 and 29A.64.061.
29A.64.100 Statewide measures—Funds for additional expenses. Each county auditor shall file with the secretary of state a statement listing only the additional expenses
incurred whenever a mandatory recount of the votes cast on a
state measure is made as provided in RCW 29A.64.090. The
secretary of state shall include in his or her biennial budget
request a provision for sufficient funds to carry out the provisions of this section. Payments hereunder shall be from
appropriations specifically provided for such purpose by law.
[2003 c 111 § 1610; 1977 ex.s. c 144 § 5; 1973 c 82 § 2. Formerly RCW 29.64.090.]
29A.64.100
29A.68.090
29A.68.100
29A.68.110
Misconduct of board—Irregularity material to result.
Misconduct of board—Number of votes affected—Enough
to change result.
Illegal votes—Allegation of.
Illegal votes—List required for testimony.
Illegal votes—Number of votes affected—Enough to change
result.
Election set aside—Appeal period.
29A.68.011 Prevention and correction of election
frauds and errors. Any justice of the supreme court, judge
of the court of appeals, or judge of the superior court in the
proper county shall, by order, require any person charged
with error, wrongful act, or neglect to forthwith correct the
error, desist from the wrongful act, or perform the duty and to
do as the court orders or to show cause forthwith why the
error should not be corrected, the wrongful act desisted from,
or the duty or order not performed, whenever it is made to
appear to such justice or judge by affidavit of an elector that:
(1) An error or omission has occurred or is about to occur
in printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and
(3) of this section has been committed or is about to be committed in printing the ballots; or
(3) The name of any person has been or is about to be
wrongfully placed upon the ballots; or
(4) A wrongful act other than as provided for in subsections (1) and (3) of this section has been performed or is about
to be performed by any election officer; or
(5) Any neglect of duty on the part of an election officer
other than as provided for in subsections (1) and (3) of this
section has occurred or is about to occur; or
(6) An error or omission has occurred or is about to occur
in the official certification of the election.
An affidavit of an elector under subsections (1) and (3)
of this section when relating to a primary election must be
filed with the appropriate court no later than the second Friday following the closing of the filing period for nominations
for such office and shall be heard and finally disposed of by
the court not later than five days after the filing thereof. An
affidavit of an elector under subsections (1) and (3) of this
section when relating to a general election must be filed with
the appropriate court no later than three days following the
official certification of the primary election returns and shall
be heard and finally disposed of by the court not later than
five days after the filing thereof. An affidavit of an elector
under subsection (6) of this section shall be filed with the
appropriate court no later than ten days following the official
certification of the election as provided in RCW 29A.60.190,
29A.60.240, or 29A.60.250 or, in the case of a recount, ten
days after the official certification of the amended abstract as
provided in RCW 29A.64.061. [2007 c 374 § 3; 2005 c 243
§ 22; 2004 c 271 § 182.]
29A.68.011
29A.68.020 Commencement by registered voter—
Causes for. Any of the following causes may be asserted by
a registered voter to challenge the right to assume office of a
candidate declared elected to that office:
(1) For misconduct on the part of any member of any
precinct election board involved therein;
(2) Because the person whose right is being contested
was not at the time the person was declared elected eligible to
that office;
29A.68.020
Chapter 29A.68
Chapter 29A.68 RCW
CONTESTING AN ELECTION
Sections
29A.68.011
29A.68.020
29A.68.030
29A.68.040
29A.68.050
29A.68.060
Prevention and correction of election frauds and errors.
Commencement by registered voter—Causes for.
Affidavit of error or omission—Contents—Witnesses.
Hearing date—Issuance of citation—Service.
Witnesses to attend—Hearing of contest—Judgment.
Costs, how awarded.
[Title 29A RCW—page 92]
(2010 Ed.)
Contesting an Election
(3) Because the person whose right is being contested
was previous to the election convicted of a felony by a court
of competent jurisdiction, the conviction not having been
reversed nor the person’s civil rights restored after the conviction;
(4) Because the person whose right is being contested
gave a bribe or reward to a voter or to an inspector or judge of
election for the purpose of procuring the election, or offered
to do so;
(5) On account of illegal votes.
(a) Illegal votes include but are not limited to the following:
(i) More than one vote cast by a single voter;
(ii) A vote cast by a person disqualified under Article VI,
section 3 of the state Constitution.
(b) Illegal votes do not include votes cast by improperly
registered voters who were not properly challenged under
RCW 29A.08.810 and 29A.08.820.
All election contests must proceed under RCW
29A.68.011. [2007 c 374 § 4; 2003 c 111 § 1702; 1983 1st
ex.s. c 30 § 6; 1977 ex.s. c 361 § 101; 1965 c 9 § 29.65.010.
Prior: 1959 c 329 § 26; prior: (i) Code 1881 § 3105; 1865 p
42 § 1; RRS § 5366. (ii) Code 1881 § 3109; 1865 p 43 § 5;
RRS § 5370. Formerly RCW 29.65.010.]
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter
9.96 RCW.
Additional notes found at www.leg.wa.gov
29A.68.030 Affidavit of error or omission—Contents—Witnesses. An affidavit of an elector filed pursuant
to RCW 29A.68.011(6) must set forth specifically:
(1) The name of the contestant and that he or she is a registered voter in the county, district or precinct, as the case
may be, in which the office is to be exercised;
(2) The name of the person whose right is being contested;
(3) The office;
(4) The particular causes of the contest.
No statement of contest may be dismissed for want of
form if the particular causes of contest are alleged with sufficient certainty. The person charged with the error or omission must be given the opportunity to call any witness,
including the candidate. [2007 c 374 § 5; 2003 c 111 § 1703;
1977 ex.s. c 361 § 102; 1965 c 9 § 29.65.020. Prior: (i) Code
1881 § 3110; 1865 p 43 § 6; RRS § 5371. (ii) Code 1881 §
3112; 1865 p 44 § 8; RRS § 5373. Formerly RCW
29.65.020.]
29A.68.030
Additional notes found at www.leg.wa.gov
29A.68.040 Hearing date—Issuance of citation—
Service. Upon such affidavit being filed, the clerk shall
inform the judge of the appropriate court, who may give
notice, and order a session of the court to be held at the usual
place of holding the court, on some day to be named by the
judge, not less than ten nor more than twenty days from the
date of the notice, to hear and determine such contested election. If no session is called for the purpose, the contest must
be determined at the first regular session of court after the
statement is filed.
29A.68.040
(2010 Ed.)
29A.68.070
The clerk of the court shall also at the time issue a citation for the person charged with the error or omission, to
appear at the time and place specified in the notice. The citation must be delivered to the sheriff and be served upon the
party in person; or if the person cannot be found, by leaving a
copy thereof at the house where the person last resided.
[2003 c 111 § 1704; 1977 ex.s. c 361 § 103; 1965 c 9 §
29.65.040. Prior: (i) Code 1881 § 3113; 1865 p 44 § 9; RRS
§ 5374. (ii) Code 1881 § 3114; 1865 p 45 § 10; RRS § 5375.
Formerly RCW 29.65.040.]
Additional notes found at www.leg.wa.gov
29A.68.050 Witnesses to attend—Hearing of contest—Judgment. The clerk shall issue subpoenas for witnesses in such contested election at the request of either
party, which shall be served by the sheriff or constable, as
other subpoenas, and the superior court shall have full power
to issue attachments to compel the attendance of witnesses
who shall have been duly subpoenaed to attend if they fail to
do so.
The court shall meet at the time and place designated to
determine such contested election by the rules of law and evidence governing the determination of questions of law and
fact, so far as the same may be applicable, and may dismiss
the proceedings if the statement of the cause or causes of contest is insufficient, or for want of prosecution. After hearing
the proofs and allegations of the parties, the court shall pronounce judgment in the premises, either confirming or annulling and setting aside such election, according to the law and
right of the case.
If in any such case it shall appear that another person
than the one returned has the highest number of legal votes,
said court shall declare such person duly elected. [2003 c 111
§ 1705. Prior: 1965 c 9 § 29.65.050; prior: (i) Code 1881 §
3115; 1865 p 45 § 11; RRS § 5376. (ii) Code 1881 § 3116;
1865 p 45 § 12; RRS § 5377. (iii) Code 1881 § 3117; 1865 p
45 § 13; RRS § 5378. FORMER PARTS OF SECTION: (i)
Code 1881 § 3119; 1865 p 45 § 15; RRS § 5379, now codified in RCW 29.65.055. (ii) Code 1881 § 3120; 1865 p 45 §
16; RRS § 5380, now codified in RCW 29.65.055. Formerly
RCW 29.65.050.]
29A.68.050
29A.68.060 Costs, how awarded. If the proceedings
are dismissed for insufficiency, want of prosecution, or the
election is by the court confirmed, judgment shall be rendered against the party contesting such election for costs, in
favor of the party charged with error or omission.
If such election is annulled and set aside, judgment for
costs shall be rendered against the party charged with the
error or omission and in favor of the party alleging the same.
[2003 c 111 § 1706. Prior: 1977 ex.s. c 361 § 104; 1965 c 9
§ 29.65.055; prior: (i) Code 1881 § 3119; 1865 p 45 § 15;
RRS § 5379; formerly RCW 29.65.050, part. (ii) Code 1881
§ 3120; 1865 p 45 § 16; RRS § 5380, formerly RCW
29.65.050, part. Formerly RCW 29.65.055.]
29A.68.060
Additional notes found at www.leg.wa.gov
29A.68.070 Misconduct of board—Irregularity
material to result. No irregularity or improper conduct in
the proceedings of any election board or any member of the
29A.68.070
[Title 29A RCW—page 93]
29A.68.080
Title 29A RCW: Elections
board amounts to such malconduct as to annul or set aside
any election unless the irregularity or improper conduct was
such as to procure the person whose right to the office may be
contested, to be declared duly elected although the person did
not receive the highest number of legal votes. [2003 c 111 §
1707; 1965 c 9 § 29.65.060. Prior: Code 1881 § 3106; 1865
p 43 § 2; RRS § 5367. Formerly RCW 29.65.060.]
29A.68.080
29A.68.080 Misconduct of board—Number of votes
affected—Enough to change result. When any election for
an office exercised in and for a county is contested on
account of any malconduct on the part of any election board,
or any member thereof, the election shall not be annulled and
set aside upon any proof thereof, unless the rejection of the
vote of such precinct or precincts will change the result as to
such office in the remaining vote of the county. [2003 c 111
§ 1708. Prior: 1965 c 9 § 29.65.070; prior: Code 1881 §
3107; 1865 p 43 § 3; RRS § 5368. Formerly RCW
29.65.070.]
29A.68.090
29A.68.090 Illegal votes—Allegation of. When the
reception of illegal votes is alleged as a cause of contest, it is
sufficient to state generally that illegal votes were cast, that,
if given to the person whose election is contested in the specified precinct or precincts, will, if taken from that person,
reduce the number of the person’s legal votes below the number of legal votes given to some other person for the same
office. [2003 c 111 § 1709; 1965 c 9 § 29.65.080. Prior:
Code 1881 § 3111, part; 1865 p 44 § 7, part; RRS § 5372,
part. Formerly RCW 29.65.080.]
29A.68.100 Illegal votes—List required for testimony. No testimony may be received as to any illegal votes
unless the party contesting the election delivers to the opposite party, at least three days before trial, a written list of the
number of illegal votes and by whom given, that the contesting party intends to prove at the trial. No testimony may be
received as to any illegal votes, except as to such as are specified in the list. [2003 c 111 § 1710; 1965 c 9 § 29.65.090.
Prior: Code 1881 § 3111, part; 1865 p 44 § 7, part; RRS §
5372, part. Formerly RCW 29.65.090.]
29A.68.100
29A.68.110
2 9A .6 8 . 11 0 I ll eg a l v o t e s —Nu m be r of vo t e s
affected—Enough to change result. No election may be set
aside on account of illegal votes, unless it appears that an
amount of illegal votes has been given to the person whose
right is being contested, that, if taken from that person, would
reduce the number of the person’s legal votes below the number of votes given to some other person for the same office,
after deducting therefrom the illegal votes that may be shown
to have been given to the other person. [2003 c 111 § 1711;
1965 c 9 § 29.65.100. Prior: Code 1881 § 3108; 1865 p 43 §
4; RRS § 5369. Formerly RCW 29.65.100.]
29A.68.120
29A.68.120 Election set aside—Appeal period. If an
election is set aside by the judgment of the superior court and
if no appeal is taken therefrom within ten days, the election of
the person challenged shall be thereby rendered void. [2007
c 374 § 6; 2003 c 111 § 1712; 1965 c 9 § 29.65.120. Prior:
[Title 29A RCW—page 94]
Code 1881 § 3123, part; 1865 p 46 § 19, part; RRS § 5382,
part. Formerly RCW 29.65.120.]
Chapter 29A.72 RCW
STATE INITIATIVE AND REFERENDUM
Chapter 29A.72
Sections
29A.72.010
29A.72.020
29A.72.025
29A.72.030
29A.72.040
29A.72.050
29A.72.060
29A.72.070
29A.72.080
29A.72.090
29A.72.100
29A.72.110
29A.72.120
29A.72.130
29A.72.140
29A.72.150
29A.72.160
29A.72.170
29A.72.180
29A.72.190
29A.72.200
29A.72.210
29A.72.230
29A.72.240
29A.72.250
29A.72.260
29A.72.270
29A.72.280
29A.72.283
29A.72.285
29A.72.290
Filing proposed measures with secretary of state.
Review of proposed initiatives—Certificate required.
Fiscal impact statements.
Time for filing various types.
Numbering—Transmittal to attorney general.
Ballot title—Formulation, ballot display.
Ballot title and summary by attorney general.
Ballot title and summary—Notice.
Ballot title and summary—Appeal to superior court.
Ballot title and summary—Mailed to proponents and other
persons—Appearance on petitions.
Petitions—Paper—Size—Contents.
Petitions to legislature—Form.
Petitions to people—Form.
Referendum petitions—Form.
Warning statement—Further requirements.
Petitions—Signatures—Number necessary.
Petitions—Time for filing.
Petitions—Acceptance or rejection by secretary of state.
Petitions—Review of refusal to file.
Petitions—Appellate review.
Petitions—Destruction on final refusal.
Petitions—Consolidation into volumes.
Petitions—Verification and canvass of signatures, observers—Statistical sampling—Initiatives to legislature, certification of.
Count of signatures—Review.
Initiatives and referenda to voters—Certificates of sufficiency.
Rejected initiative to legislature treated as referendum bill.
Substitute for rejected initiative treated as referendum bill.
Substitute for rejected initiative—Concise description.
Advisory vote on tax legislation—Short description.
Advisory vote on tax legislation—Short description filing
and transmittal.
Printing ballot titles and short descriptions on ballots—Order
and form.
29A.72.010 Filing proposed measures with secretary
of state. If any legal voter of the state, either individually or
on behalf of an organization, desires to petition the legislature
to enact a proposed measure, or submit a proposed initiative
measure to the people, or order that a referendum of all or
part of any act, bill, or law, passed by the legislature be submitted to the people, he or she shall file with the secretary of
state a legible copy of the measure proposed, or the act or part
of such act on which a referendum is desired, accompanied
by an affidavit that the sponsor is a legal voter and a filing fee
prescribed under RCW 43.07.120. [2003 c 111 § 1802; 1982
c 116 § 1; 1965 c 9 § 29.79.010. Prior: 1913 c 138 § 1, part;
RRS § 5397, part. Formerly RCW 29.79.010.]
29A.72.010
29A.72.020 Review of proposed initiatives—Certificate required. Upon receipt of a proposed initiative measure, and before giving it a serial number, the secretary of
state shall submit a copy thereof to the office of the code
reviser and give notice to the sponsor of such transmittal.
Upon receipt of the measure, the assistant code reviser to
whom it has been assigned may confer with the sponsor and
shall within seven working days from its receipt, review the
proposal and recommend to the sponsor such revision or
alteration of the measure as may be deemed necessary and
appropriate. The recommendations of the code reviser’s
29A.72.020
(2010 Ed.)
State Initiative and Referendum
office are advisory only, and the sponsor may accept or reject
them in whole or in part. The code reviser shall issue a certificate of review certifying that he or she has reviewed the
measure and that any recommendations have been communicated to the sponsor. The certificate must be issued whether
or not the sponsor accepts such recommendations. Within
fifteen working days after notification of submittal of the proposed measure to the code reviser’s office, the sponsor, if he
or she desires to proceed with sponsorship, shall file the measure together with the certificate of review with the secretary
of state for assignment of a serial number, and the secretary
of state shall then submit to the code reviser’s office a certified copy of the measure filed. Upon submission of the proposal to the secretary of state for assignment of a serial number, the secretary of state shall refuse to make such assignment unless the proposal is accompanied by a certificate of
review. [2003 c 111 § 1803; 1982 c 116 § 2; 1973 c 122 § 2.
Formerly RCW 29.79.015.]
Legislative finding—1973 c 122: "The legislature finds that the initiative process reserving to the people the power to propose bills, laws and to
enact or reject the same at the polls, independent of the legislature, is finding
increased popularity with citizens of our state. The exercise of this power
concomitant with the power of the legislature requires coordination to avoid
the duplication and confusion of laws. This legislation is enacted especially
to facilitate the operation of the initiative process." [1973 c 122 § 1.]
29A.72.025 Fiscal impact statements. The office of
financial management, in consultation with the secretary of
state, the attorney general, and any other appropriate state or
local agency, shall prepare a fiscal impact statement for each
of the following state ballot measures: (1) An initiative to the
people that is certified to the ballot; (2) an initiative to the legislature that will appear on the ballot; (3) an alternative measure appearing on the ballot that the legislature proposes to an
initiative to the legislature; (4) a referendum bill referred to
voters by the legislature; and (5) a referendum measure
appearing on the ballot. Fiscal impact statements must be
written in clear and concise language, avoid legal and technical terms when possible, and be filed with the secretary of
state no later than the tenth day of August. Fiscal impact
statements may include easily understood graphics.
A fiscal impact statement must describe any projected
increase or decrease in revenues, costs, expenditures, or
indebtedness that the state or local governments will experience if the ballot measure were approved by state voters.
Where appropriate, a fiscal impact statement may include
both estimated dollar amounts and a description placing the
estimated dollar amounts into context. A fiscal impact statement must include both a summary of not to exceed one hundred words and a more detailed statement that includes the
assumptions that were made to develop the fiscal impacts.
Fiscal impact statements must be available online from
the secretary of state’s web site and included in the state voters’ pamphlet. Additional information may be posted on the
web site of the office of financial management. [2009 c 415
§ 7; 2004 c 266 § 4. Prior: 2002 c 139 § 1. Formerly RCW
29.79.075.]
29A.72.025
Effective date—2004 c 266: See note following RCW 29A.04.575.
29A.72.030 Time for filing various types. Initiative
measures proposed to be submitted to the people must be
filed with the secretary of state within ten months prior to the
29A.72.030
(2010 Ed.)
29A.72.050
election at which they are to be submitted, and the signature
petitions must be filed with the secretary of state not less than
four months before the next general statewide election.
Initiative measures proposed to be submitted to the legislature must be filed with the secretary of state within ten
months prior to the next regular session of the legislature at
which they are to be submitted, and the signature petitions
must be filed with the secretary of state not less than ten days
before such regular session of the legislature.
A referendum measure petition ordering that any act or
part of an act passed by the legislature be referred to the people must be filed with the secretary of state within ninety days
after the final adjournment of the legislative session at which
the act was passed. It may be submitted at the next general
statewide election or at a special election ordered by the legislature.
A proposed initiative or referendum measure may be
filed no earlier than the opening of the secretary of state’s
office for business pursuant to RCW 42.04.060 on the first
day filings are permitted, and any initiative or referendum
petition must be filed not later than the close of business on
the last business day in the specified period for submission of
signatures. If a filing deadline falls on a Saturday, the office
of the secretary of state must be open for the transaction of
business under this section from 8:00 a.m. to 5:00 p.m. on
that Saturday. [2003 c 111 § 1804; 1987 c 161 § 1; 1965 c 9
§ 29.79.020. Prior: (i) 1913 c 138 § 1, part; RRS § 5397,
part. (ii) 1913 c 138 § 6, part; RRS § 5402, part. (iii) 1913 c
138 § 5, part; RRS § 5401, part. (iv) 1913 c 138 § 7, part;
RRS § 5403, part. Formerly RCW 29.79.020.]
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
Petitions—Time for filing: RCW 29A.72.160.
29A.72.040 Numbering—Transmittal to attorney
general. The secretary of state shall give a serial number to
each initiative, referendum bill, referendum measure, or measure for an advisory vote of the people, using a separate series
for initiatives to the legislature, initiatives to the people, referendum bills, referendum measures, and measures for an
advisory vote of the people, and forthwith transmit one copy
of the measure proposed bearing its serial number to the
attorney general. Thereafter a measure shall be known and
designated on all petitions, ballots, and proceedings as "Initiative Measure No. . . . .," "Referendum Bill No. . . . .," "Referendum Measure No. . . . .," or "Advisory Vote No. . . . .."
[2008 c 1 § 7 (Initiative Measure No. 960, approved November 6, 2007); 2003 c 111 § 1805; 1982 c 116 § 3; 1965 c 9 §
29.79.030. Prior: 1913 c 138 § 1, part; RRS § 5397, part.
Formerly RCW 29.79.030.]
29A.72.040
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
29A.72.050 Ballot title—Formulation, ballot display.
(1) The ballot title for an initiative to the people, an initiative
to the legislature, a referendum bill, or a referendum measure
consists of: (a) A statement of the subject of the measure; (b)
a concise description of the measure; and (c) a question in the
form prescribed in this section for the ballot measure in question. The statement of the subject of a measure must be suf29A.72.050
[Title 29A RCW—page 95]
29A.72.060
Title 29A RCW: Elections
ficiently broad to reflect the subject of the measure, sufficiently precise to give notice of the measure’s subject matter,
and not exceed ten words. The concise description must contain no more than thirty words, be a true and impartial
description of the measure’s essential contents, clearly identify the proposition to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the
measure.
(2) For an initiative to the people, or for an initiative to
the legislature for which the legislature has not proposed an
alternative, the ballot title must be displayed on the ballot
substantially as follows:
"Initiative Measure No. . . . concerns (statement of
subject). This measure would (concise description).
Should this measure be enacted into law?
Yes
No
.................................
.................................
"
(3) For an initiative to the legislature for which the legislature has proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:
Approved
Rejected
............................
............................
"
(6) The legislature may specify the statement of subject
or concise description, or both, in a referendum bill that it
refers to the people. The legislature may specify the concise
description for an alternative it submits for an initiative to the
legislature. If the legislature fails to specify these matters, the
attorney general shall prepare the material that was not specified. The statement of subject and concise description as so
provided must be included as part of the ballot title unless
changed on appeal.
The attorney general shall specify the statement of subject and concise description for an initiative to the people, an
initiative to the legislature, and a referendum measure. The
statement of subject and concise description as so provided
must be included as part of the ballot title unless changed on
appeal. [2003 c 111 § 1806. Prior: 2000 c 197 § 1. Formerly
RCW 29.79.035.]
Part headings not law—2000 c 197: "Part headings used in this act are
not part of the law." [2000 c 197 § 17.]
29A.72.060 Ballot title and summary by attorney
general. Within five days after the receipt of an initiative or
referendum the attorney general shall formulate the ballot
title, or portion of the ballot title that the legislature has not
provided, required by RCW 29A.72.050 and a summary of
the measure, not to exceed seventy-five words, and transmit
the serial number for the measure, complete ballot title, and
summary to the secretary of state. Saturdays, Sundays, and
legal holidays are not counted in calculating the time limits in
this section. [2003 c 111 § 1807. Prior: 2000 c 197 § 2; 1993
c 256 § 9; 1982 c 116 § 4; 1973 1st ex.s. c 118 § 2; 1965 c 9
§ 29.79.040; prior: 1953 c 242 § 2; 1913 c 138 § 2; RRS §
5398. Formerly RCW 29.79.040.]
29A.72.060
"Initiative Measure Nos. . . . and . . .B concern
(statement of subject).
Initiative Measure No. . . . would (concise description).
As an alternative, the legislature has proposed Initiative Measure No. . . .B, which would (concise
description).
1. Should either of these measures be enacted into
law?
Yes
No
.................................
.................................
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
2. Regardless of whether you voted yes or no above,
if one of these measures is enacted, which one
should it be?
Measure No.
or
Measure No.
Ballot titles to other state and local measures: RCW 29A.36.020 through
29A.36.090.
Additional notes found at www.leg.wa.gov
..........................
..........................
"
(4) For a referendum bill submitted to the people by the
legislature, the ballot issue must be displayed on the ballot
substantially as follows:
"The legislature has passed . . . . Bill No. . . . concerning (statement of subject). This bill would (concise description). Should this bill be:
Approved
Rejected
29A.72.070 Ballot title and summary—Notice. Upon
the filing of the ballot title and summary for a state initiative
or referendum measure in the office of secretary of state, the
secretary of state shall notify by telephone and by mail, and,
if requested, by other electronic means, the person proposing
the measure, the prime sponsor of a referendum bill or alternative to an initiative to the legislature, the chief clerk of the
house of representatives, the secretary of the senate, and any
other individuals who have made written request for such
notification of the exact language of the ballot title and summary. [2003 c 111 § 1808. Prior: 2000 c 197 § 3; 1982 c 116
§ 5; 1973 1st ex.s. c 118 § 3; 1965 c 9 § 29.79.050; prior:
1913 c 138 § 3, part; RRS § 5399, part. Formerly RCW
29.79.050.]
29A.72.070
............................
............................
"
(5) For a referendum measure by state voters on a bill the
legislature has passed, the ballot issue must be displayed on
the ballot substantially as follows:
"The legislature passed . . . Bill No. . . . concerning
(statement of subject) and voters have filed a sufficient referendum petition on this bill. This bill
would (concise description). Should this bill be:
[Title 29A RCW—page 96]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.72.080 Ballot title and summary—Appeal to
superior court. Any persons, including the attorney general
or either or both houses of the legislature, dissatisfied with
29A.72.080
(2010 Ed.)
State Initiative and Referendum
the ballot title or summary for a state initiative or referendum
may, within five days from the filing of the ballot title in the
office of the secretary of state appeal to the superior court of
Thurston county by petition setting forth the measure, the
ballot title or summary, and their objections to the ballot title
or summary and requesting amendment of the ballot title or
summary by the court. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits contained
in this section.
A copy of the petition on appeal together with a notice
that an appeal has been taken shall be served upon the secretary of state, upon the attorney general, and upon the person
proposing the measure if the appeal is initiated by someone
other than that person. Upon the filing of the petition on
appeal or at the time to which the hearing may be adjourned
by consent of the appellant, the court shall accord first priority to examining the proposed measure, the ballot title or
summary, and the objections to that ballot title or summary,
may hear arguments, and shall, within five days, render its
decision and file with the secretary of state a certified copy of
such ballot title or summary as it determines will meet the
requirements of RCW 29A.72.060. The decision of the superior court shall be final. Such appeal shall be heard without
costs to either party. [2003 c 111 § 1809. Prior: 2000 c 197
§ 4; 1982 c 116 § 6; 1965 c 9 § 29.79.060; prior: 1913 c 138
§ 3, part; RRS § 5399, part. Formerly RCW 29.79.060.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.72.090
29A.72.090 Ballot title and summary—Mailed to
proponents and other persons—Appearance on petitions.
When the ballot title and summary are finally established, the
secretary of state shall file the instrument establishing it with
the proposed measure and transmit a copy thereof by mail to
the person proposing the measure, the chief clerk of the house
of representatives, the secretary of the senate, and to any
other individuals who have made written request for such
notification. Thereafter such ballot title shall be the title of
the measure in all petitions, ballots, and other proceedings in
relation thereto. The summary shall appear on all petitions
directly following the ballot title. [2003 c 111 § 1810. Prior:
2000 c 197 § 5; 1982 c 116 § 7; 1965 c 9 § 29.79.070; prior:
1913 c 138 § 4, part; RRS § 5400, part. Formerly RCW
29.79.070.]
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.72.100
29A.72.100 Petitions—Paper—Size—Contents. The
person proposing the measure shall print blank petitions upon
single sheets of paper of good writing quality (including but
not limited to newsprint) not less than eleven inches in width
and not less than fourteen inches in length. Each petition at
the time of circulating, signing, and filing with the secretary
of state must consist of not more than one sheet with numbered lines for not more than twenty signatures, with the prescribed warning and title, be in the form required by RCW
29A.72.110, 29A.72.120, or 29A.72.130, and have a readable, full, true, and correct copy of the proposed measure
printed on the reverse side of the petition. [2003 c 111 §
1811; 1982 c 116 § 8; 1973 1st ex.s. c 118 § 4; 1965 c 9 §
(2010 Ed.)
29A.72.120
29.79.080. Prior: (i) 1913 c 138 § 4, part; RRS § 5400, part.
(ii) 1913 c 138 § 9; RRS § 5405. Formerly RCW 29.79.080.]
29A.72.110 Petitions to legislature—Form. Petitions
for proposing measures for submission to the legislature at its
next regular session must be substantially in the following
form:
29A.72.110
The warning prescribed by RCW 29A.72.140; followed
by:
INITIATIVE PETITION FOR SUBMISSION
TO THE LEGISLATURE
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
We, the undersigned citizens and legal voters of the State
of Washington, respectfully direct that this petition and the
proposed measure known as Initiative Measure No. . . . . and
entitled (here set forth the established ballot title of the measure), a full, true, and correct copy of which is printed on the
reverse side of this petition, be transmitted to the legislature
of the State of Washington at its next ensuing regular session,
and we respectfully petition the legislature to enact said proposed measure into law; and each of us for himself or herself
says: I have personally signed this petition; I am a legal voter
of the State of Washington in the city (or town) and county
written after my name, my residence address is correctly
stated, and I have knowingly signed this petition only once.
The following declaration must be printed on the reverse
side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law
that I circulated this sheet of the foregoing petition, and that,
to the best of my knowledge, every person who signed this
sheet of the foregoing petition knowingly and without any
compensation or promise of compensation willingly signed
his or her true name and that the information provided therewith is true and correct. I further acknowledge that under
chapter 29A.84 RCW, forgery of signatures on this petition
constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable
by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting
harassment against a petition signature gatherer. This penalty
does not preclude the victim from seeking any other remedy
otherwise available under law.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2005 c 239 §
1; 2003 c 111 § 1812; 1982 c 116 § 9; 1965 c 9 § 29.79.090.
Prior: 1913 c 138 § 5, part; RRS § 5401, part. Formerly
RCW 29.79.090.]
Effective date—2005 c 239: "This act takes effect January 1, 2006."
[2005 c 239 § 4.]
29A.72.120 Petitions to people—Form. Petitions for
proposing measures for submission to the people for their
approval or rejection at the next ensuing general election
must be substantially in the following form:
29A.72.120
[Title 29A RCW—page 97]
29A.72.130
Title 29A RCW: Elections
The warning prescribed by RCW 29A.72.140; followed
by:
INITIATIVE PETITION FOR SUBMISSION
TO THE PEOPLE
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
We, the undersigned citizens and legal voters of the State
of Washington, respectfully direct that the proposed measure
known as Initiative Measure No. . . . ., entitled (here insert
the established ballot title of the measure), a full, true and
correct copy of which is printed on the reverse side of this
petition, be submitted to the legal voters of the State of Washington for their approval or rejection at the general election to
be held on the . . . . . day of November, (year); and each of us
for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington, in the city
(or town) and county written after my name, my residence
address is correctly stated, and I have knowingly signed this
petition only once.
The following declaration must be printed on the reverse
side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law
that I circulated this sheet of the foregoing petition, and that,
to the best of my knowledge, every person who signed this
sheet of the foregoing petition knowingly and without any
compensation or promise of compensation willingly signed
his or her true name and that the information provided therewith is true and correct. I further acknowledge that under
chapter 29A.84 RCW, forgery of signatures on this petition
constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable
by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting
harassment against a petition signature gatherer. This penalty
does not preclude the victim from seeking any other remedy
otherwise available under law.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2005 c 239 §
2; 2003 c 111 § 1813; 1982 c 116 § 10; 1965 c 9 § 29.79.100.
Prior: 1913 c 138 § 6, part; RRS § 5402, part. Formerly
RCW 29.79.100.]
Effective date—2005 c 239: See note following RCW 29A.72.110.
29A.72.130 Referendum petitions—Form. Petitions
ordering that acts or parts of acts passed by the legislature be
referred to the people at the next ensuing general election, or
special election ordered by the legislature, must be substantially in the following form:
Measure No. . . . . ., filed to revoke a (or part or parts of a) bill
that (concise statement required by RCW 29A.36.071) and
that was passed by the . . . . . . legislature of the State of
Washington at the last regular (special) session of said legislature, shall be referred to the people of the state for their
approval or rejection at the regular (special) election to be
held on the . . . . day of November, (year); and each of us for
himself or herself says: I have personally signed this petition;
I am a legal voter of the State of Washington, in the city (or
town) and county written after my name, my residence
address is correctly stated, and I have knowingly signed this
petition only once.
The following declaration must be printed on the reverse
side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law
that I circulated this sheet of the foregoing petition, and that,
to the best of my knowledge, every person who signed this
sheet of the foregoing petition knowingly and without any
compensation or promise of compensation willingly signed
his or her true name and that the information provided therewith is true and correct. I further acknowledge that under
chapter 29A.84 RCW, forgery of signatures on this petition
constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable
by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting
harassment against a petition signature gatherer. This penalty
does not preclude the victim from seeking any other remedy
otherwise available under law.
The petition must include a place for each petitioner to
sign and print his or her name, and the address, city, and
county at which he or she is registered to vote. [2005 c 239 §
3; 2003 c 111 § 1814; 1993 c 256 § 10; 1982 c 116 § 11; 1965
c 9 § 29.79.110. Prior: 1913 c 138 § 7, part; RRS § 5403,
part. Formerly RCW 29.79.110.]
Effective date—2005 c 239: See note following RCW 29A.72.110.
Additional notes found at www.leg.wa.gov
29A.72.140 Warning statement—Further requirements. The word "warning" and the following warning statement regarding signing petitions must appear on petitions as
prescribed by this title and must be printed on each petition
sheet such that they occupy not less than four square inches
of the front of the petition sheet.
29A.72.140
WARNING
29A.72.130
The warning prescribed by RCW 29A.72.140; followed
by:
PETITION FOR REFERENDUM
To the Honorable . . . . . ., Secretary of State of the State of
Washington:
We, the undersigned citizens and legal voters of the State
of Washington, respectfully order and direct that Referendum
[Title 29A RCW—page 98]
Every person who signs this petition with any other than
his or her true name, knowingly signs more than one of these
petitions, signs this petition when he or she is not a legal
voter, or makes any false statement on this petition may be
punished by fine or imprisonment or both.
[2003 c 111 § 1815; 1993 c 256 § 5. Formerly RCW
29.79.115.]
Additional notes found at www.leg.wa.gov
29A.72.150 Petitions—Signatures—Number necessary. When the person proposing any initiative measure has
29A.72.150
(2010 Ed.)
State Initiative and Referendum
obtained signatures of legal voters equal to or exceeding
eight percent of the votes cast for the office of governor at the
last regular gubernatorial election prior to the submission of
the signatures for verification, or when the person or organization demanding any referendum of an act or part of an act
of the legislature has obtained a number of signatures of legal
voters equal to or exceeding four percent of the votes cast for
the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification,
the petition containing the signatures may be submitted to the
secretary of state for filing. [2003 c 111 § 1816; 1982 c 116
§ 12; 1965 c 9 § 29.79.120. Prior: 1913 c 138 § 11, part;
RRS § 5407, part. See also State Constitution Art. 2 § 1A
(Amendment 30), (L. 1955, p. 1860, S.J.R. No. 4). Formerly
RCW 29.79.120.]
29A.72.160 Petitions—Time for filing. The time for
submitting initiative or referendum petitions to the secretary
of state for filing is as follows:
(1) A referendum petition ordering and directing that the
whole or some part or parts of an act passed by the legislature
be referred to the people for their approval or rejection at the
next ensuing general election or a special election ordered by
the legislature, must be submitted not more than ninety days
after the final adjournment of the session of the legislature
which passed the act;
(2) An initiative petition proposing a measure to be submitted to the people for their approval or rejection at the next
ensuing general election, must be submitted not less than four
months before the date of such election;
(3) An initiative petition proposing a measure to be submitted to the legislature at its next ensuing regular session
must be submitted not less than ten days before the commencement of the session. [2003 c 111 § 1817. Prior: 1965
c 9 § 29.79.140; prior: 1913 c 138 § 12, part; RRS § 5408,
part. Formerly RCW 29.79.140.]
29A.72.160
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
29A.72.210
petition when submitted for filing, the persons submitting it
for filing may, within ten days after the refusal, apply to the
superior court of Thurston county for an order requiring the
secretary of state to bring the petitions before the court, and
for a writ of mandate to compel the secretary of state to file it.
The application takes precedence over other cases and matters and must be speedily heard and determined.
If the court issues the citation, and determines that the
petition is legal in form and apparently contains the requisite
number of signatures and was submitted for filing within the
time prescribed in the Constitution, it shall issue its mandate
requiring the secretary of state to file it as of the date of submission for filing.
The decision of the superior court granting a writ of
mandate is final. [2003 c 111 § 1819; 1965 c 9 § 29.79.160.
Prior: 1913 c 138 § 13, part; RRS § 5409, part. Formerly
RCW 29.79.160.]
Initiative, referendum, time for filing: State Constitution Art. 2 § 1 (a) and
(d) (Amendment 7).
29A.72.190
29A.72.190 Petitions—Appellate review. The decision of the superior court refusing to grant a writ of mandate
may be reviewed by the supreme court within five days after
the decision of the superior court. The review must be considered an emergency matter of public concern, and be heard
and determined with all convenient speed. If the supreme
court decides that the petitions are legal in form and apparently contain the requisite number of signatures of legal voters, and were filed within the time prescribed in the Constitution, it shall issue its mandate directing the secretary of state
to file the petition as of the date of submission. [2003 c 111
§ 1820; 1988 c 202 § 28; 1965 c 9 § 29.79.170. Prior: 1913
c 138 § 13, part; RRS § 5409, part. Formerly RCW
29.79.170.]
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Additional notes found at www.leg.wa.gov
Measures, petitions, time for filing various types: RCW 29A.72.030.
29A.72.200
29A.72.170 Petitions—Acceptance or rejection by
secretary of state. The secretary of state may refuse to file
any initiative or referendum petition being submitted upon
any of the following grounds:
(1) That the petition does not contain the information
required by RCW 29A.72.110, 29A.72.120, or 29A.72.130.
(2) That the petition clearly bears insufficient signatures.
(3) That the time within which the petition may be filed
has expired.
In case of such refusal, the secretary of state shall
endorse on the petition the word "submitted" and the date,
and retain the petition pending appeal.
If none of the grounds for refusal exists, the secretary of
state must accept and file the petition. [2003 c 111 § 1818;
1982 c 116 § 13; 1965 c 9 § 29.79.150. Prior: (i) 1913 c 138
§ 11, part; RRS § 5407, part. (ii) 1913 c 138 § 12, part; RRS
§ 5408, part. Formerly RCW 29.79.150.]
29A.72.170
29A.72.180 Petitions—Review of refusal to file. If the
secretary of state refuses to file an initiative or referendum
29A.72.180
(2010 Ed.)
29A.72.200 Petitions—Destruction on final refusal.
If no appeal is taken from the refusal of the secretary of state
to file a petition within the time prescribed, or if an appeal is
taken and the secretary of state is not required to file the petition by the mandate of either the superior or the supreme
court, the secretary of state shall destroy it. [2003 c 111 §
1821. Prior: 1965 c 9 § 29.79.180; prior: 1913 c 138 § 13,
part; RRS § 5409, part. Formerly RCW 29.79.180.]
29A.72.210
29A.72.210 Petitions—Consolidation into volumes.
If the secretary of state accepts and files an initiative or referendum petition upon its being submitted for filing or if he or
she is required to file it by the court, he or she shall, in the
presence of the person submitting such petition for filing if he
or she desires to be present, arrange and assemble the sheets
containing the signatures into such volumes as will be most
convenient for verification and canvassing and shall consecutively number the volumes and stamp the date of filing on
each volume. [2003 c 111 § 1822. Prior: 1982 c 116 § 14;
1965 c 9 § 29.79.190; prior: 1913 c 138 § 14; RRS § 5410.
Formerly RCW 29.79.190.]
[Title 29A RCW—page 99]
29A.72.230
Title 29A RCW: Elections
29A.72.230 Petitions—Verification and canvass of
signatures, observers—Statistical sampling—Initiatives
to legislature, certification of. Upon the filing of an initiative or referendum petition, the secretary of state shall proceed to verify and canvass the names of the legal voters on
the petition. The verification and canvass of signatures on
the petition may be observed by persons representing the
advocates and opponents of the proposed measure so long as
they make no record of the names, addresses, or other information on the petitions or related records during the verification process except upon the order of the superior court of
Thurston county. The secretary of state may limit the number
of observers to not less than two on each side, if in his or her
opinion, a greater number would cause undue delay or disruption of the verification process. Any such limitation shall
apply equally to both sides. The secretary of state may use
any statistical sampling techniques for this verification and
canvass which have been adopted by rule as provided by
chapter 34.05 RCW. No petition will be rejected on the basis
of any statistical method employed, and no petition will be
accepted on the basis of any statistical method employed if
such method indicates that the petition contains fewer than
the requisite number of signatures of legal voters. If the secretary of state finds the same name signed to more than one
petition, he or she shall reject all but the first such valid signature. For an initiative to the legislature, the secretary of
state shall transmit a certified copy of the proposed measure
to the legislature at the opening of its session and, as soon as
the signatures on the petition have been verified and canvassed, the secretary of state shall send to the legislature a
certificate of the facts relating to the filing, verification, and
canvass of the petition. [2003 c 111 § 1823. Prior: 1993 c
368 § 1; 1982 c 116 § 15; 1977 ex.s. c 361 § 105; 1969 ex.s.
c 107 § 1; 1965 c 9 § 29.79.200; prior: 1933 c 144 § 1; 1913
c 138 § 15; RRS § 5411. Formerly RCW 29.79.200.]
29A.72.230
Additional notes found at www.leg.wa.gov
29A.72.240 Count of signatures—Review. Any citizen dissatisfied with the determination of the secretary of
state that an initiative or referendum petition contains or does
not contain the requisite number of signatures of legal voters
may, within five days after such determination, apply to the
superior court of Thurston county for a citation requiring the
secretary of state to submit the petition to said court for
examination, and for a writ of mandate compelling the certification of the measure and petition, or for an injunction to
prevent the certification thereof to the legislature, as the case
may be. Such application and all proceedings had thereunder
shall take precedence over other cases and shall be speedily
heard and determined.
The decision of the superior court granting or refusing to
grant the writ of mandate or injunction may be reviewed by
the supreme court within five days after the decision of the
superior court, and if the supreme court decides that a writ of
mandate or injunction, as the case may be, should issue, it
shall issue the writ directed to the secretary of state; otherwise, it shall dismiss the proceedings. The clerk of the
supreme court shall forthwith notify the secretary of state of
the decision of the supreme court. [2003 c 111 § 1824. Prior:
1988 c 202 § 29; 1965 c 9 § 29.79.210; prior: 1913 c 138 §
17; RRS § 5413. Formerly RCW 29.79.210.]
29A.72.240
[Title 29A RCW—page 100]
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Additional notes found at www.leg.wa.gov
29A.72.250
29A.72.250 Initiatives and referenda to voters—Certificates of
sufficiency. If a referendum or initiative petition for submission of a measure to the people is found sufficient, the secretary of state shall at the time
and in the manner that he or she certifies to the county auditors of the various
counties the names of candidates for state and district officers certify to each
county auditor the serial numbers and ballot titles of the several initiative and
referendum measures to be voted upon at the next ensuing general election
or special election ordered by the legislature. [2003 c 111 § 1825; 1965 c 9
§ 29.79.230. Prior: 1913 c 138 § 19; RRS § 5415. Formerly RCW
29.79.230.]
29A.72.250
29A.72.250 Initiatives and referenda to voters—Certificates of
sufficiency—Serial numbers and short descriptions for advisory vote
measures. If a referendum or initiative petition for submission of a measure
to the people is found sufficient, the secretary of state shall at the time and in
the manner that he or she certifies *for the county auditors of the various
counties the names of candidates for state and district officers certify to each
county auditor the serial numbers and ballot titles of the several initiative and
referendum measures and serial numbers and short descriptions of measures
submitted for an advisory vote of the people to be voted upon at the next
ensuing general election or special election ordered by the legislature. [2008
c 1 § 10 (Initiative Measure No. 960, approved November 6, 2007); 2003 c
111 § 1825; 1965 c 9 § 29.79.230. Prior: 1913 c 138 § 19; RRS § 5415. Formerly RCW 29.79.230.]
Reviser’s note: *(1) The word "to" was changed to "for" by 2008 c 1 §
10 (Initiative Measure No. 960) without enclosing "to" in double parentheses
and underlining "for."
(2) RCW 29A.72.250 was amended by 2008 c 1 § 10 (Initiative Measure No. 960) without enclosing by double parentheses all material proposed
for deletion and underlining all proposed new material, in amendatory sections. See RCW 29A.32.080.
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
29A.72.260
29A.72.260 Rejected initiative to legislature treated
as referendum bill. Whenever any measure proposed by initiative petition for submission to the legislature is rejected by
the legislature or the legislature takes no action thereon
before the end of the regular session at which it is submitted,
the secretary of state shall certify the serial number and ballot
title thereof to the county auditors for printing on the ballots
at the next ensuing general election in like manner as initiative measures for submission to the people are certified.
[2003 c 111 § 1826. Prior: 1965 c 9 § 29.79.270; prior: 1913
c 138 § 21; RRS § 5417. Formerly RCW 29.79.270.]
29A.72.270
29A.72.270 Substitute for rejected initiative treated
as referendum bill. If the legislature, having rejected a measure submitted to it by initiative petition, proposes a different
measure dealing with the same subject, the secretary of state
shall give that measure the same number as that borne by the
initiative measure followed by the letter "B." Such measure
so designated as "Alternative Measure No. . . . . B," together
with the ballot title thereof, when ascertained, shall be certified by the secretary of state to the county auditors for printing on the ballots for submission to the voters for their
approval or rejection in like manner as initiative measures for
submission to the people are certified. [2003 c 111 § 1827.
Prior: 1965 c 9 § 29.79.280; prior: 1913 c 138 § 22, part;
RRS § 5418, part. Formerly RCW 29.79.280.]
(2010 Ed.)
Redistricting
29A.72.280 Substitute for rejected initiative—Concise description. For a measure designated as "Alternative
Measure No. . . . . B," the secretary of state shall obtain from
the measure adopting the alternative, or otherwise the attorney general, a concise description of the alternative measure
that differs from the concise description of the original initiative and indicates as clearly as possible the essential differences between the two measures. [2003 c 111 § 1828. Prior:
2000 c 197 § 6; 1965 c 9 § 29.79.290; prior: 1913 c 138 § 22,
part; RRS § 5418, part. Formerly RCW 29.79.290.]
29A.72.280
Part headings not law—2000 c 197: See note following RCW
29A.72.050.
29A.72.283 Advisory vote on tax legislation—Short
description. Within five days of receipt of a measure for an
advisory vote of the people from the secretary of state under
RCW 29A.72.040 the attorney general shall formulate a short
description not exceeding thirty-three words and not subject
to appeal, of each tax increase and shall transmit a certified
copy of such short description meeting the requirements of
this section to the secretary of state. The description must be
formulated and displayed on the ballot substantially as follows:
29A.72.283
"The legislature imposed, without a vote of the people, (identification of tax and description of increase), costing (most
up-to-date ten-year cost projection, expressed in dollars and
rounded to the nearest million) in its first ten years, for government spending. This tax increase should be:
Repealed . . . . [ ]
Maintained . . . [ ]"
Saturdays, Sundays, and legal holidays are not counted in
calculating the time limits in this section. The words "This
tax increase should be: Repealed . . . [ ] Maintained . . . [ ]"
are not counted in the thirty-three word limit for a short
description under this section. [2008 c 1 § 8 (Initiative Measure No. 960, approved November 6, 2007).]
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
29A.72.285 Advisory vote on tax legislation—Short
description filing and transmittal. When the short description is finally established under RCW 29A.72.283, the secretary of state shall file the instrument establishing it with the
proposed measure and transmit a copy thereof by mail to the
chief clerk of the house of representatives, the secretary of
the senate, and to any other individuals who have made written request for such notification. Thereafter such short
description shall be the description of the measure in all ballots and other proceedings in relation thereto. [2008 c 1 § 9
(Initiative Measure No. 960, approved November 6, 2007).]
29A.72.285
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
29A.72.290 Printing ballot titles and short descriptions on ballots—Order and form. The county auditor of
each county shall print on the official ballots for the election
at which initiative and referendum measures and measures
29A.72.290
(2010 Ed.)
29A.76.010
for an advisory vote of the people are to be submitted to the
people for their approval or rejection, the serial numbers and
ballot titles certified by the secretary of state and the serial
numbers and short descriptions of measures for an advisory
vote of the people. They must appear under separate headings in the order of the serial numbers as follows:
(1) Measures proposed for submission to the people by
initiative petition will be under the heading, "Proposed by
Initiative Petition";
(2) Bills passed by the legislature and ordered referred to
the people by referendum petition will be under the heading,
"Passed by the Legislature and Ordered Referred by Petition";
(3) Bills passed and referred to the people by the legislature will be under the heading, "Proposed to the People by the
Legislature";
(4) Measures proposed to the legislature and rejected or
not acted upon will be under the heading, "Proposed to the
Legislature and Referred to the People";
(5) Measures proposed to the legislature and alternative
measures passed by the legislature in lieu thereof will be
under the heading, "Initiated by Petition and Alternative by
Legislature";
(6) Measures for an advisory vote of the people under
RCW 29A.72.040 will be under the heading, "Advisory Vote
of the People." [2008 c 1 § 11 (Initiative Measure No. 960,
approved November 6, 2007); 2003 c 111 § 1829; 1965 c 9 §
29.79.300. Prior: 1913 c 138 § 23; RRS § 5419. Formerly
RCW 29.79.300.]
Findings—Intent—Construction—Severability—Subheadings and
part headings not law—Short title—Effective date—2008 c 1 (Initiative
Measure No. 960): See notes following RCW 43.135.031.
Chapter 29A.76
Chapter 29A.76 RCW
REDISTRICTING
Sections
29A.76.010 Counties, municipal corporations, and special purpose districts.
29A.76.020 Boundary information.
29A.76.030 Precinct boundary change—Registration transfer.
29A.76.040 Maps and census correspondence lists—Apportionment—
Duties of secretary of state.
29A.76.010 Counties, municipal corporations, and
special purpose districts. (1) It is the responsibility of each
county, municipal corporation, and special purpose district
with a governing body comprised of internal director, council, or commissioner districts not based on statutorily
required land ownership criteria to periodically redistrict its
governmental unit, based on population information from the
most recent federal decennial census.
(2) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the
commission established in RCW 44.05.030 shall forward the
census information to each municipal corporation, county,
and district charged with redistricting under this section.
(3) No later than eight months after its receipt of federal
decennial census data, the governing body of the municipal
corporation, county, or district shall prepare a plan for redistricting its internal or director districts.
29A.76.010
[Title 29A RCW—page 101]
29A.76.020
Title 29A RCW: Elections
(4) The plan shall be consistent with the following criteria:
(a) Each internal director, council, or commissioner district shall be as nearly equal in population as possible to each
and every other such district comprising the municipal corporation, county, or special purpose district.
(b) Each district shall be as compact as possible.
(c) Each district shall consist of geographically contiguous area.
(d) Population data may not be used for purposes of
favoring or disfavoring any racial group or political party.
(e) To the extent feasible and if not inconsistent with the
basic enabling legislation for the municipal corporation,
county, or district, the district boundaries shall coincide with
existing recognized natural boundaries and shall, to the extent
possible, preserve existing communities of related and
mutual interest.
(5) During the adoption of its plan, the municipal corporation, county, or district shall ensure that full and reasonable
public notice of its actions is provided. The municipal corporation, county, or district shall hold at least one public hearing
on the redistricting plan at least one week before adoption of
the plan.
(6)(a) Any registered voter residing in an area affected
by the redistricting plan may request review of the adopted
local plan by the superior court of the county in which he or
she resides, within forty-five days of the plan’s adoption.
Any request for review must specify the reason or reasons
alleged why the local plan is not consistent with the applicable redistricting criteria. The municipal corporation, county,
or district may be joined as respondent. The superior court
shall thereupon review the challenged plan for compliance
with the applicable redistricting criteria set out in subsection
(4) of this section.
(b) If the superior court finds the plan to be consistent
with the requirements of this section, the plan shall take
effect immediately.
(c) If the superior court determines the plan does not
meet the requirements of this section, in whole or in part, it
shall remand the plan for further or corrective action within a
specified and reasonable time period.
(d) If the superior court finds that any request for review
is frivolous or has been filed solely for purposes of harassment or delay, it may impose appropriate sanctions on the
party requesting review, including payment of attorneys’ fees
and costs to the respondent municipal corporation, county, or
district. [2003 c 111 § 1901. Prior: 1984 c 13 § 4; 1983 c 16
§ 15; 1982 c 2 § 27. Formerly RCW 29.70.100.]
Additional notes found at www.leg.wa.gov
29A.76.020 Boundary information. (1) The legislative authority of each county and each city, town, and special
purpose district which lies entirely within the county shall
provide the county auditor accurate information describing
its geographical boundaries and the boundaries of its director,
council, or commissioner districts and shall ensure that the
information provided to the auditor is kept current.
(2) A city, town, or special purpose district that lies in
more than one county shall provide the secretary of state
accurate information describing its geographical boundaries
and the boundaries of its director, council, or commissioner
districts and shall ensure that the information provided to the
secretary is kept current. The secretary of state shall
promptly transmit to each county in which a city, town, or
special purpose district is located information regarding the
boundaries of that jurisdiction which is provided to the secretary. [2003 c 111 § 1902. Prior: 1991 c 178 § 2. Formerly
RCW 29.15.026, 29.04.220.]
29A.76.030 Precinct boundary change—Registration
transfer. If the boundaries of any city, township, or rural
precinct are changed in the manner provided by law, the
county auditor shall transfer the registration cards of every
registered voter whose place of residence is affected thereby
to the files of the proper precinct, noting thereon the name or
number of the new precinct, or change the addresses, the precinct names or numbers, and the special district designations
for those registered voters on the voter registration lists of the
county. It shall not be necessary for any registered voter
whose residence has been changed from one precinct to
another, by a change of boundary, to apply to the registration
officer for a transfer of registration. The county auditor shall
mail to each registrant in the new precinct a notice that his or
her precinct has been changed from . . . . . . to . . . . . ., and
that thereafter the registrant will be entitled to vote in the new
precinct, giving the name or number. [2003 c 111 § 1903;
1971 ex.s. c 202 § 27; 1965 c 9 § 29.10.060. Prior: 1933 c 1
§ 17; RRS § 5114-17. Formerly RCW 29.10.060.]
29A.76.030
29A.76.040 Maps and census correspondence lists—
Apportionment—Duties of secretary of state. (1) With
regard to functions relating to census, apportionment, and the
establishment of legislative and congressional districts, the
secretary of state shall:
(a) Coordinate and monitor precinct mapping functions
of the county auditors and county engineers;
(b) Maintain official state base maps and correspondence
lists and maintain an index of all such maps and lists;
(c) Furnish to the United States bureau of the census as
needed for the decennial census of population, current, accurate, and easily readable versions of maps of all counties, cities, towns, and other areas of this state, which indicate current precinct boundaries together with copies of the census
correspondence lists.
(2) The secretary of state shall serve as the state liaison
with the United States bureau of census on matters relating to
the preparation of maps and the tabulation of population for
apportionment purposes. [2003 c 111 § 1904; 1989 c 278 §
2; 1977 ex.s. c 128 § 4; 1975-’76 2nd ex.s. c 129 § 2. Formerly RCW 29.04.140.]
29A.76.040
29A.76.020
[Title 29A RCW—page 102]
Additional notes found at www.leg.wa.gov
Chapter 29A.76A
Chapter 29A.76A RCW
CONGRESSIONAL DISTRICTS
AND APPORTIONMENT
Reviser’s note: The following material represents the congressional
portion of the redistricting plan filed with the legislature by the Washington
State Redistricting Commission on January 2, 2002. For state legislative districts, see chapter 44.07D RCW.
(2010 Ed.)
Congressional Districts and Apportionment
WASHINGTON STATE
REDISTRICTING COMMISSION
REDISTRICTING PLAN
A PLAN Relating to the portion of the plan for the redistricting of congressional districts.
BE IT APPROVED BY THE REDISTRICTING COMMISSION OF THE STATE OF WASHINGTON:
Sec. 1. It is the intent of the commission to redistrict the
congressional districts of the state of Washington in accordance with the Constitution and laws of the United States and
the state of Washington.
Sec. 2. The definitions set forth in RCW 44.05.020
apply throughout this plan, unless the context requires otherwise.
Sec. 3. In every case the population of the congressional
districts described by this plan has been ascertained on the
basis of the total number of persons found inhabiting such
areas as of April 1, 2000, in accordance with the 2000 federal
decennial census data submitted pursuant to P.L. 94-171.
Sec. 4. (a) Any area not specifically included within the
boundaries of any of the districts as described in this plan and
that is completely surrounded by a particular district, shall be
a part of that district. Any such area not completely surrounded by a particular district shall be a part of the district
having the smallest number of inhabitants and having territory contiguous to such area.
(b) Any area described in this plan as specifically
embraced in two or more noninclusive districts shall be a part
of the adjacent district having the smallest number of inhabitants and shall not be a part of the other district or districts.
(c) Any area specifically mentioned as embraced within
a district but separated from such district by one or more
other districts, shall be assigned as though it had not been
included in any district specifically described.
(d) The 2000 United States federal decennial census data
submitted pursuant to P.L. 94-171 shall be used for determining the number of inhabitants under this plan.
Sec. 5. For purposes of this plan, districts shall be
described in terms of:
(1) Official United States census bureau tracts, block
groups, or blocks established by the United States bureau of
the census in the 2000 federal decennial census;
(2) Counties, municipalities, or other political subdivisions as they existed on January 1, 2000;
(3) Any natural or artificial boundaries or monuments
including but not limited to rivers, streams, or lakes as they
existed on January 1, 2000;
(4) Roads, streets, or highways as they existed on January 1, 2000.
Sec. 6. Pursuant to the most recent certificate of entitlement from the Clerk of the U.S. House of Representatives as
required by 2 U.S.C. section 2a, the territory of the state shall
(2010 Ed.)
Chapter 29A.76A
be divided into nine congressional districts. The congressional districts described by this plan shall be those recorded
electronically as "JOINTSUB-C 01", maintained in computer
files designated as FINAL-CONG-2001, which are public
records of the commission. As soon as practicable after
approval and submission of this plan to the legislature, the
commission shall publish "JOINTSUB-C 01".
Sec. 7. This commission intends that this plan supersede
the district boundaries established by chapter 29.69B RCW.
Sec. 8. If any provision of this plan or its application to
any person or circumstance is held invalid, the remainder of
the plan or its application to other persons or circumstances is
not affected.
District 1: King County (Part) - Tracts: 4.01, 201.00,
202.00, 203.00, 204.02, 207.00, 208.00, 209.00, 215.00,
216.00, 217.00, 218.02, 218.03, 218.04, 219.03, 219.04,
219.05, 219.06, 220.01, 220.03, 220.05, 220.06, 221.01,
221.02, 222.01, 222.02, 222.03, 223.00, 224.00, 225.00,
226.03, 226.04, 226.05, 226.06, 227.02, 228.02, 323.07,
323.09, 323.11, 323.19, 323.20, 323.21, 323.22, 323.23,
323.24, 323.25, King County (Part) - Block Groups Tract
3.00; Block Group 3, Tract 4.02; Block Group 1, Tract
204.01; Block Group 2, Tract 204.01; Block Group 4, Tract
206.00; Block Group 4, Tract 210.00; Block Group 3, Tract
210.00; Block Group 4, Tract 227.01; Block Group 1, Tract
227.03; Block Group 2, Tract 228.03; Block Group 1, Tract
323.12; Block Group 1, Tract 323.12; Block Group 3, King
County (Part) - Blocks: Tract 3.00; Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2018, Block 2019, Block
2020, Block 2021, Tract 4.02; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 5000, Block
5001, Block 5002, Block 5003, Block 5004, Block 5005,
Block 5006, Block 5007, Tract 5.00; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1999,
Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 3005, Block 3006, Block
3007, Block 3011, Tract 6.00; Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1014, Block 1019, Block 1020, Block 1021,
Tract 14.00; Block 5999, Tract 204.01; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1015,
Block 1016, Block 3009, Block 3010, Block 3011, Tract
205.00; Block 6000, Tract 206.00; Block 1003, Block 1004,
Block 3001, Block 3002, Block 3003, Block 3007, Block
3008, Tract 210.00; Block 2003, Block 2004, Block 2009,
Block 5002, Block 5003, Block 5004, Block 5005, Block
5010, Block 5011, Block 5012, Block 5013, Block 5014,
Block 5015, Tract 214.00; Block 1000, Block 1001, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 3000, Tract 227.01; Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2999, Tract 227.03; Block
[Title 29A RCW—page 103]
Chapter 29A.76A
Title 29A RCW: Elections
1000, Block 1001, Block 1002, Block 1008, Block 1011,
Tract 228.03; Block 2000, Block 2001, Block 2002, Block
2006, Block 2007, Block 2008, Tract 242.00; Block 2999,
Tract 323.12; Block 2006, Block 2007, Block 2008, Block
5001, Block 5002, Tract 323.13; Block 3008, Block 3009,
Block 3010, Block 3011, Block 3015, Block 3016, Block
3017, Block 3018, Block 3019, Kitsap County (Part) - Tracts:
901.01, 901.02, 902.00, 903.00, 904.00, 905.00, 906.01,
906.02, 907.00, 908.00, 909.00, 910.00, 911.00, 912.01,
912.03, 912.04, 913.01, 913.02, Kitsap County (Part) - Block
Groups Tract 914.00; Block Group 1, Tract 915.00; Block
Group 2, Tract 916.00; Block Group 2, Tract 917.00; Block
Group 1, Tract 920.00; Block Group 1, Kitsap County (Part)
- Blocks: Tract 809.00; Block 2011, Tract 914.00; Block
2009, Block 2010, Block 2011, Block 2999, Tract 915.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1018, Block 1019, Block 1020, Block 1022, Block
1023, Block 1024, Block 1025, Tract 916.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Tract 917.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2008, Block 2999, Tract 918.00; Block 1000, Block 1001,
Block 1998, Tract 920.00; Block 2029, Block 2030, Block
2031, Block 2032, Block 2033, Block 2034, Block 2035,
Block 2036, Block 2037, Block 2038, Block 2039, Block
2040, Block 2041, Block 2043, Block 2044, Block 2047,
Block 2048, Block 2052, Block 2124, Block 2125, Block
2126, Block 2997, Snohomish County (Part) - Tracts:
416.07, 416.08, 417.02, 418.04, 418.07, 419.05, 420.01,
420.03, 420.04, 420.05, 420.06, 501.01, 501.02, 502.00,
503.00, 504.01, 504.02, 505.00, 506.00, 507.00, 508.00,
509.00, 510.00, 511.00, 512.00, 513.00, 514.00, 515.00,
516.01, 516.02, 517.01, 517.02, 518.01, 518.02, 519.05,
519.09, 519.11, 519.12, 519.13, 519.14, 519.15, 519.16,
519.17, 519.18, 519.19, 519.20, 520.03, 520.04, 520.05,
520.06, 520.07, 521.07, 521.08, 521.10, 521.11, 521.12, Snohomish County (Part) - Block Groups Tract 416.01; Block
Group 3, Tract 416.06; Block Group 2, Tract 416.06; Block
Group 3, Tract 416.06; Block Group 4, Tract 417.01; Block
Group 2, Tract 418.06; Block Group 1, Tract 418.06; Block
Group 3, Tract 418.08; Block Group 2, Tract 418.08; Block
Group 3, Tract 419.01; Block Group 2, Tract 419.01; Block
Group 3, Tract 521.13; Block Group 3, Tract 522.04; Block
Group 2, Tract 522.04; Block Group 3, Tract 522.05; Block
Group 1, Tract 522.05; Block Group 4, Snohomish County
(Part) -Blocks: Tract 416.01; Block 1000, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2016, Block 2017, Block 2019, Block 4008, Block
4009, Tract 416.05; Block 1000, Block 1001, Block 1002,
Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1011, Block 1012, Block 2000, Block 2001,
Block 2002, Block 2004, Block 2005, Block 2006, Block
2007, Block 2008, Block 3000, Block 3001, Block 3002,
Block 3003, Block 3004, Block 3009, Block 3010, Block
3011, Block 3012, Block 3013, Tract 416.06; Block 1000,
Block 1002, Tract 417.01; Block 1003, Block 1004, Block
[Title 29A RCW—page 104]
1006, Block 1007, Block 1008, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block
3013, Tract 418.05; Block 1014, Tract 418.06; Block 2005,
Block 2006, Block 2007, Tract 418.08; Block 1005, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Tract 419.01; Block 1001, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1016, Block 1017, Block 1018, Block 1019,
Tract 419.03; Block 2007, Tract 521.05; Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2994, Block 2995, Block
2996, Block 2998, Tract 521.13; Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block
2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2021, Block 2999, Tract 522.04; Block
1013, Block 1014, Block 1015, Block 1016, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block
1023, Block 1024, Block 1025, Block 1026, Tract 522.05;
Block 2003, Block 2004, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Tract 538.01; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 2011, Block 2997.
District 2: Island County, King County (Part) - Blocks:
Tract 328.00; Block 2072, Block 2073, Block 2074, Block
2075, Block 2076, Block 2077, Block 2078, Block 2079,
Block 2080, Block 2081, Block 2082, Block 2083, Block
2084, Block 2085, Block 2996, Block 3000, Block 3001,
Block 3002, Block 3003, Block 3004, Block 3005, Block
3006, Block 3007, Block 3008, Block 3009, Block 3010,
Block 3011, Block 3012, Block 3013, Block 3014, Block
3015, Block 3016, Block 3017, Block 3018, Block 3019,
Block 3020, Block 3021, Block 3022, Block 3023, Block
3024, Block 3025, Block 3026, Block 3027, Block 3028,
Block 3029, Block 3030, Block 3031, Block 3032, Block
3033, Block 3034, Block 3035, Block 3036, Block 3037,
Block 3038, Block 3039, Block 3040, Block 3041, Block
3042, Block 3043, Block 3044, Block 3045, Block 3046,
Block 3047, Block 3048, Block 3049, Block 3050, Block
3051, Block 3052, Block 3053, Block 3054, Block 3055,
Block 3056, Block 3057, Block 3058, Block 3059, Block
3060, Block 3061, Block 3062, Block 3063, Block 3064,
Block 3065, Block 3066, Block 3067, Block 3068, Block
3069, Block 3070, Block 3071, Block 3072, Block 3073,
Block 3074, Block 3075, Block 3076, Block 3077, Block
3078, Block 3079, Block 3080, Block 3081, Block 3082,
Block 3083, Block 3084, Block 3085, Block 3086, Block
3087, Block 3088, Block 3089, Block 3090, Block 3091,
Block 3154, Block 3155, Block 3156, Block 3157, Block
3158, Block 3159, Block 3160, Block 3212, Block 3213,
Block 3214, Block 3215, Block 3216, Block 3217, Block
3218, Block 3219, Block 3220, Block 3221, Block 3222,
Block 3223, Block 3224, Block 3225, Block 3226, Block
3227, Block 3228, Block 3229, Block 3230, Block 3231,
(2010 Ed.)
Congressional Districts and Apportionment
Block 3232, Block 3233, Block 3234, Block 3235, Block
3236, Block 3237, Block 3238, Block 3239, Block 3240,
Block 3241, Block 3242, Block 3243, Block 3244, Block
3245, Block 3246, Block 3247, Block 3248, Block 3249,
Block 3250, Block 3251, Block 3252, Block 3253, Block
3254, Block 3255, Block 3256, Block 3257, Block 3258,
Block 3259, Block 3260, Block 3261, Block 3262, Block
3263, Block 3264, Block 3265, Block 3266, Block 3267,
Block 3268, Block 3269, Block 3270, Block 3271, Block
3272, Block 3273, Block 3274, Block 3275, Block 3276,
Block 3277, Block 3278, Block 3279, Block 3280, Block
3281, Block 3282, Block 3283, Block 3284, Block 3285,
Block 3286, Block 3287, Block 3288, Block 3289, Block
3290, Block 3291, Block 3292, Block 3293, Block 3294,
Block 3295, Block 3296, Block 3297, Block 3298, Block
3299, Block 3300, Block 3301, Block 3302, Block 3303,
Block 3304, Block 3305, Block 3306, Block 3307, Block
3308, Block 3309, Block 3310, Block 3311, Block 3312,
Block 3313, Block 3314, Block 3315, Block 3316, Block
3317, Block 3318, Block 3319, Block 3320, Block 3321,
Block 3322, Block 3323, Block 3324, Block 3325, Block
3326, Block 3327, Block 3328, Block 3329, Block 3330,
Block 3331, Block 3332, Block 3333, Block 3334, Block
3335, Block 3336, Block 3337, Block 3338, Block 3339,
Block 3340, Block 3341, Block 3342, Block 3343, Block
3344, Block 3345, Block 3346, Block 3347, Block 3348,
Block 3349, Block 3350, Block 3351, Block 3352, Block
3353, Block 3354, Block 3355, Block 3356, Block 3357,
Block 3358, Block 3359, Block 3360, Block 3361, Block
3362, Block 3363, Block 3364, Block 3365, Block 3366,
Block 3367, Block 3368, Block 3369, Block 3370, Block
3371, Block 3372, Block 3373, Block 3375, Block 3376,
Block 3377, Block 3378, Block 3380, Block 3381, Block
3382, Block 3383, Block 3384, Block 3385, Block 3386,
Block 3387, Block 3388, Block 3991, Block 3992, Block
3993, Block 3994, Block 3997, Block 3998, Block 3999, San
Juan County, Skagit County, Snohomish County (Part) Tracts: 401.00, 402.00, 403.00, 404.00, 405.00, 406.00,
407.00, 408.00, 409.00, 410.00, 411.00, 412.01, 412.02,
413.01, 413.02, 414.00, 415.00, 419.04, 521.04, 522.03,
522.06, 522.07, 523.01, 523.02, 524.01, 524.02, 525.02,
525.03, 525.04, 526.03, 526.04, 526.05, 526.06, 526.07,
527.01, 527.03, 527.04, 527.05, 528.03, 528.04, 528.05,
528.06, 529.01, 529.03, 529.04, 530.01, 530.02, 531.01,
531.02, 532.01, 532.02, 533.01, 533.02, 534.00, 535.03,
535.04, 535.05, 535.06, 536.01, 536.02, 537.00, 538.02,
538.03, Snohomish County (Part) -Block Groups Tract
418.05; Block Group 2, Tract 418.05; Block Group 3, Tract
418.05; Block Group 4, Tract 418.06; Block Group 4, Tract
418.06; Block Group 5, Tract 418.06; Block Group 6, Tract
419.03; Block Group 1, Tract 419.03; Block Group 3, Tract
521.05; Block Group 1, Tract 522.05; Block Group 3, Tract
522.05; Block Group 5, Tract 522.05; Block Group 6, Tract
538.01; Block Group 1, Tract 538.01; Block Group 3, Tract
538.01; Block Group 4, Snohomish County (Part) - Blocks:
Tract 416.01; Block 1001, Block 2006, Block 2011, Block
2012, Block 2013, Block 2014, Block 2015, Block 2018,
Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Block 2025, Block 2026, Block 4000, Block 4001,
Block 4002, Block 4003, Block 4004, Block 4005, Block
4006, Block 4007, Tract 416.05; Block 1003, Block 1004,
(2010 Ed.)
Chapter 29A.76A
Block 1010, Block 2003, Block 3005, Block 3006, Block
3007, Block 3008, Tract 416.06; Block 1001, Tract 417.01;
Block 1000, Block 1001, Block 1002, Block 1005, Block
3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Tract 418.05; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1015,
Tract 418.06; Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Tract 418.08; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1017, Tract 419.01; Block 1000, Block 1002,
Block 1014, Block 1015, Tract 419.03; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2008, Block 2009, Tract 521.05; Block
2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2997, Block 2999, Tract 521.13; Block 1000, Block
1999, Block 2020, Tract 522.04; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1017, Tract 522.05; Block
2000, Block 2001, Block 2002, Block 2005, Tract 538.01;
Block 2012, Block 2013, Block 2014, Block 2015, Block
2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Block 2024, Block
2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block
2034, Block 2035, Block 2036, Block 2998, Block 2999,
Whatcom County.
District 3: Clark County, Cowlitz County, Lewis
County, Pacific County, Skamania County (Part) - Tracts:
9501.00, 9502.00, 9503.00, Skamania County (Part) Blocks: Tract 9504.00; Block 1039, Block 1040, Block
1041, Block 1042, Block 1043, Block 1044, Block 1045,
Block 1047, Block 1048, Block 1049, Block 1050, Block
1998, Tract 9505.00; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 1024, Block
1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block
1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block
1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1048, Block 1049, Block 1050, Block 1051, Block
1052, Block 1053, Block 1055, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2010, Block 2011, Block 2012, Block 2013,
Block 2014, Block 2015, Block 2016, Block 2017, Block
2018, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block
2032, Block 2033, Block 2034, Block 2999, Thurston County
(Part) - Tracts: 101.00, 104.00, 105.00, 106.00, 107.00,
108.00, 109.00, 110.00, 111.00, 117.00, 118.10, 118.20,
[Title 29A RCW—page 105]
Chapter 29A.76A
Title 29A RCW: Elections
119.00, 120.00, 126.00, 127.00, Thurston County (Part) Block Groups Tract 103.00; Block Group 1, Tract 103.00;
Block Group 2, Tract 116.20; Block Group 3, Tract 124.20;
Block Group 3, Tract 125.00; Block Group 5, Thurston
County (Part) - Blocks: Tract 102.00; Block 1022, Block
1023, Block 1024, Block 1997, Block 2027, Block 2028,
Block 2029, Block 2030, Block 2031, Block 2032, Block
2033, Block 2034, Block 2035, Block 2036, Block 2037,
Block 2038, Block 2039, Block 2040, Block 2041, Block
2042, Block 2043, Block 2044, Block 2045, Block 2046,
Block 2047, Block 2048, Block 2049, Block 2050, Block
2051, Block 2052, Block 3031, Block 3032, Block 3033,
Block 3036, Block 3037, Block 3038, Tract 103.00; Block
3003, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3009, Block 3010, Block 3011, Block
3012, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3019, Block 3020, Block 3021, Block 3022, Block
3023, Block 3024, Block 3025, Block 3026, Block 3027,
Block 3028, Block 4000, Block 4001, Block 4002, Block
4003, Block 4004, Block 4005, Block 4015, Block 4016,
Block 4017, Block 4018, Block 4024, Block 4025, Block
4026, Block 4027, Block 4028, Block 4029, Block 4030,
Block 4031, Block 4032, Block 4033, Block 4034, Block
4035, Block 4036, Block 4037, Block 4038, Tract 112.00;
Block 1012, Block 1013, Block 1014, Block 1015, Block
1016, Block 1017, Block 1018, Block 1019, Block 1020,
Block 1021, Block 1022, Block 1023, Block 2017, Block
2018, Tract 113.00; Block 1001, Block 1002, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block
1997, Block 1998, Block 1999, Tract 116.20; Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block
1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1030, Block 4015, Block
4029, Block 4030, Block 4031, Block 4032, Block 4033,
Tract 122.10; Block 3017, Tract 124.20; Block 2010, Block
2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block
2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Tract 125.00; Block 1021, Block 1022, Block
1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block
1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block
1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1048, Block 1049, Block 1999, Block 2011, Block
2012, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block
2023, Block 2024, Block 2025, Block 3023, Block 3024,
Block 3026, Block 3027, Block 3028, Block 3029, Block
3030, Block 3031, Block 3032, Block 3033, Block 3034,
Block 3035, Block 3036, Block 3037, Block 3038, Block
3039, Block 3040, Block 3041, Block 3042, Block 3043,
Block 3044, Block 3045, Block 3050, Block 3060, Block
3061, Block 3062, Block 3063, Block 3064, Block 3065,
Block 3066, Block 3067, Block 3068, Block 3069, Block
3070, Block 3071, Block 3072, Block 3073, Block 3074,
Block 3995, Block 4000, Block 4001, Block 4002, Block
4003, Block 4004, Block 4005, Block 4006, Block 4007,
Block 4008, Block 4009, Block 4010, Block 4011, Block
[Title 29A RCW—page 106]
4012, Block 4013, Block 4014, Block 4015, Block 4016,
Block 4017, Block 4021, Block 4022, Block 4023, Block
4024, Block 4025, Block 4026, Block 4027, Block 4028,
Block 4029, Block 4030, Block 4031, Block 4032, Block
4033, Block 4034, Block 4035, Block 4036, Block 4037,
Block 4038, Block 4039, Block 4040, Block 4041, Block
4042, Block 4043, Block 4044, Block 4045, Block 4046,
Block 4047, Block 4048, Block 4049, Block 4050, Block
4051, Block 4052, Block 4053, Block 4054, Block 4055,
Block 4056, Block 4057, Block 4058, Block 4059, Block
4060, Block 4061, Block 4062, Block 4063, Block 4064,
Block 4065, Block 4066, Block 4067, Block 4068, Block
4069, Block 4070, Block 4071, Block 4072, Block 4073,
Block 4074, Block 4075, Block 4076, Block 4077, Block
4078, Block 4079, Block 4080, Block 4081, Block 4082,
Block 4083, Block 4084, Block 4085, Block 4086, Block
4087, Block 4088, Block 4089, Block 4090, Block 4091,
Block 4092, Block 4093, Block 4094, Block 4095, Block
4096, Block 4097, Block 4098, Block 4099, Block 4100,
Block 4101, Block 4102, Block 4103, Block 4104, Block
4105, Block 4106, Block 4107, Block 4108, Block 4109,
Block 4110, Block 4111, Block 4112, Block 4113, Block
4114, Block 4115, Block 4116, Block 4117, Block 4118,
Block 4119, Block 4120, Block 4121, Block 4122, Block
4123, Block 4124, Block 4125, Block 4126, Block 4127,
Block 4128, Block 4129, Block 4130, Block 4131, Block
4132, Block 4133, Block 4134, Block 4135, Block 4136,
Block 4137, Block 4138, Block 4139, Block 4140, Block
4141, Block 4142, Block 4143, Block 4144, Block 4145,
Block 4146, Block 4147, Block 4148, Block 4149, Block
4150, Block 4151, Block 4152, Block 4153, Block 4154,
Block 4155, Block 4156, Block 4157, Block 4158, Block
4159, Block 4160, Block 4161, Block 4162, Block 4163,
Block 4164, Block 4165, Block 4166, Block 4167, Block
4168, Block 4169, Block 4170, Block 4171, Block 4172,
Block 4173, Block 4174, Block 4175, Block 4176, Block
4177, Block 4178, Block 4179, Block 4180, Block 4181,
Block 4182, Block 4183, Block 4184, Block 4996, Block
4997, Block 4998, Block 4999, Wahkiakum County.
District 4: Adams County (Part) - Tracts: 9504.00,
Adams County (Part) - Block Groups Tract 9503.00; Block
Group 3, Tract 9503.00; Block Group 4, Tract 9503.00;
Block Group 5, Tract 9505.00; Block Group 2, Adams
County (Part) - Blocks: Tract 9503.00; Block 1018, Block
1019, Block 1020, Block 1024, Block 1025, Block 1026,
Block 1027, Block 1070, Block 1071, Block 2006, Block
2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 2013, Block 2014, Block 2021, Block
2022, Block 2023, Block 6002, Block 6003, Block 6004,
Block 6005, Block 6006, Block 6007, Block 6008, Block
6009, Block 6010, Block 6011, Block 6012, Block 6013,
Block 6014, Block 6015, Block 6016, Tract 9505.00; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block
1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block
(2010 Ed.)
Congressional Districts and Apportionment
1036, Block 1037, Block 1038, Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block
1045, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Benton County, Chelan County, Douglas
County, Franklin County, Grant County, Kittitas County,
Klickitat County, Skamania County (Part) -Block Groups
Tract 9504.00; Block Group 2, Skamania County (Part) Blocks: Tract 9504.00; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Block 1021, Block 1022, Block 1023, Block 1024,
Block 1025, Block 1026, Block 1027, Block 1028, Block
1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block
1038, Block 1046, Block 1051, Block 1995, Block 1996,
Block 1997, Block 1999, Tract 9505.00; Block 1054, Block
1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block
2000, Block 2001, Block 2002, Block 2019, Block 2020,
Block 2021, Block 2022, Block 2023, Yakima County.
District 5: Adams County (Part) - Tracts: 9501.00,
9502.00, Adams County (Part) - Blocks: Tract 9503.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1014, Block 1015, Block 1016, Block 1017,
Block 1021, Block 1022, Block 1023, Block 1028, Block
1029, Block 1030, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 1037, Block
1038, Block 1039, Block 1040, Block 1041, Block 1042,
Block 1043, Block 1044, Block 1045, Block 1046, Block
1047, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Block 1053, Block 1054, Block 1055, Block
1056, Block 1057, Block 1058, Block 1059, Block 1060,
Block 1061, Block 1062, Block 1063, Block 1064, Block
1065, Block 1066, Block 1067, Block 1068, Block 1069,
Block 1072, Block 1073, Block 1074, Block 1075, Block
1076, Block 1077, Block 1078, Block 1079, Block 1080,
Block 1081, Block 1082, Block 1083, Block 1084, Block
1085, Block 1086, Block 1087, Block 1088, Block 1089,
Block 1090, Block 1091, Block 1092, Block 1093, Block
1094, Block 1095, Block 1096, Block 1097, Block 1098,
Block 1099, Block 1100, Block 1101, Block 1102, Block
1103, Block 1104, Block 1105, Block 1106, Block 1107,
Block 1108, Block 1109, Block 1110, Block 1111, Block
1112, Block 1113, Block 1114, Block 1115, Block 1116,
Block 1117, Block 1118, Block 1119, Block 1120, Block
1121, Block 1122, Block 2000, Block 2001, Block 2002,
Block 2003, Block 2004, Block 2005, Block 2015, Block
2016, Block 2017, Block 2018, Block 2019, Block 2020,
Block 6000, Block 6001, Tract 9505.00; Block 1046, Block
1047, Asotin County, Columbia County, Ferry County,
Garfield County, Lincoln County, Okanogan County, Pend
Oreille County, Spokane County, Stevens County, Walla
Walla County, Whitman County.
District 6: Clallam County, Grays Harbor County, Jefferson County, Kitsap County (Part) - Tracts: 801.01,
801.02, 802.00, 803.00, 804.00, 805.00, 806.00, 807.00,
(2010 Ed.)
Chapter 29A.76A
808.00, 810.00, 811.00, 812.00, 814.00, 919.00, 921.00,
922.00, 923.00, 924.00, 925.00, 926.00, 927.00, 928.01,
928.02, 928.03, 929.01, 929.02, Kitsap County (Part) - Block
Groups Tract 809.00; Block Group 1, Tract 917.00; Block
Group 3, Tract 918.00; Block Group 2, Kitsap County (Part)
- Blocks: Tract 809.00; Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block
2012, Block 2013, Block 2014, Block 2015, Block 2016,
Block 2017, Block 2018, Block 2019, Block 2020, Block
2021, Block 2022, Block 2023, Block 2024, Block 2025,
Block 2026, Block 2027, Block 2028, Block 2029, Block
2030, Block 2031, Block 2032, Block 2033, Block 2034,
Block 2035, Block 2036, Block 2037, Block 2038, Block
2039, Block 2040, Block 2041, Block 2042, Block 2043,
Block 2044, Block 2045, Block 2046, Block 2047, Block
2048, Block 2049, Block 2050, Block 2051, Block 2052,
Block 2053, Block 2054, Block 2999, Tract 914.00; Block
2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block
2997, Block 2998, Tract 915.00; Block 1021, Tract 916.00;
Block 1007, Block 1008, Block 1009, Block 1010, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Block 1021, Block 1022, Block 1023, Tract 917.00;
Block 2006, Block 2007, Block 2009, Block 2010, Block
2011, Block 2012, Block 2013, Block 2014, Tract 918.00;
Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block
1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1022, Block 1023, Block
1024, Block 1025, Block 1026, Block 1027, Block 1028,
Block 1999, Tract 920.00; Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2005, Block 2006,
Block 2007, Block 2008, Block 2009, Block 2010, Block
2011, Block 2012, Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block
2020, Block 2021, Block 2022, Block 2023, Block 2024,
Block 2025, Block 2026, Block 2027, Block 2028, Block
2042, Block 2045, Block 2046, Block 2049, Block 2050,
Block 2051, Block 2053, Block 2054, Block 2055, Block
2056, Block 2057, Block 2058, Block 2059, Block 2060,
Block 2061, Block 2062, Block 2063, Block 2064, Block
2065, Block 2066, Block 2067, Block 2068, Block 2069,
Block 2070, Block 2071, Block 2072, Block 2073, Block
2074, Block 2075, Block 2076, Block 2077, Block 2078,
Block 2079, Block 2080, Block 2081, Block 2082, Block
2083, Block 2084, Block 2085, Block 2086, Block 2087,
Block 2088, Block 2089, Block 2090, Block 2091, Block
2092, Block 2093, Block 2094, Block 2095, Block 2096,
Block 2097, Block 2098, Block 2099, Block 2100, Block
2101, Block 2102, Block 2103, Block 2104, Block 2105,
Block 2106, Block 2107, Block 2108, Block 2109, Block
2110, Block 2111, Block 2112, Block 2113, Block 2114,
Block 2115, Block 2116, Block 2117, Block 2118, Block
2119, Block 2120, Block 2121, Block 2122, Block 2123,
Block 2127, Block 2128, Block 2129, Block 2130, Block
2131, Block 2132, Block 2994, Block 2995, Block 2996,
Block 2998, Block 2999, Mason County, Pierce County
(Part) - Tracts: 603.00, 604.00, 605.00, 607.00, 608.00,
[Title 29A RCW—page 107]
Chapter 29A.76A
Title 29A RCW: Elections
609.03, 609.04, 609.05, 609.06, 610.01, 610.02, 611.00,
612.00, 613.00, 614.00, 615.00, 616.01, 617.00, 618.00,
619.00, 620.00, 622.00, 623.00, 624.00, 625.00, 626.00,
628.01, 628.02, 629.00, 630.00, 631.00, 632.00, 634.00,
635.01, 635.02, 715.04, 716.01, 717.03, 717.04, 717.05,
717.06, 717.07, 718.03, 718.04, 718.05, 723.05, 723.06,
723.07, 723.09, 723.10, 723.11, 724.05, 724.06, 724.07,
724.08, 724.09, 724.10, 725.03, 725.04, 725.05, 725.06,
725.07, 726.01, 726.02, Pierce County (Part) - Block Groups
Tract 606.00; Block Group 2, Tract 606.00; Block Group 3,
Tract 606.00; Block Group 4, Tract 606.00; Block Group 5,
Tract 606.00; Block Group 6, Tract 621.00; Block Group 2,
Tract 621.00; Block Group 3, Tract 633.00; Block Group 3,
Tract 633.00; Block Group 4, Tract 633.00; Block Group 5,
Tract 715.05; Block Group 1, Tract 716.02; Block Group 1,
Tract 719.01; Block Group 1, Tract 719.01; Block Group 2,
Tract 719.01; Block Group 3, Tract 719.02; Block Group 3,
Tract 721.05; Block Group 2, Tract 721.06; Block Group 1,
Tract 721.06; Block Group 2, Tract 723.08; Block Group 1,
Tract 723.08; Block Group 2, Tract 723.08; Block Group 4,
Tract 726.03; Block Group 1, Tract 726.03; Block Group 2,
Pierce County (Part) -Blocks: Tract 606.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block
1023, Block 1024, Block 1025, Block 1026, Block 1027,
Block 1028, Block 1029, Block 1999, Tract 616.02; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block
1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1033, Block 1044, Block 1045, Block 1046, Block
1047, Block 1048, Block 1049, Block 1050, Block 1051,
Block 1052, Block 1053, Block 1054, Block 1067, Block
1068, Block 1072, Block 1073, Block 1074, Block 1075,
Block 1079, Block 1080, Block 1081, Block 1082, Block
1083, Tract 621.00; Block 1000, Block 1001, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block
1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block
1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1998, Block 1999, Tract
633.00; Block 1000, Block 1001, Block 1002, Block 1003,
Block 1004, Block 1005, Block 1006, Block 1007, Block
1008, Block 1009, Block 1010, Block 1011, Block 1012,
Block 1013, Block 1014, Block 1015, Block 1016, Block
1017, Block 1018, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1023, Block 1024, Block 1025, Block
1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block
2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block
2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 2027, Tract 710.00; Block 2005, Block 2006, Block
[Title 29A RCW—page 108]
3007, Block 3018, Block 6009, Block 6010, Tract 711.00;
Block 2017, Block 2018, Tract 713.05; Block 1004, Block
1005, Block 1006, Tract 715.03; Block 1000, Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1009, Block 1010,
Block 1011, Block 1012, Block 1013, Block 1014, Block
1015, Block 1016, Block 1017, Block 1018, Block 1019,
Block 1020, Block 1021, Block 1023, Block 1024, Block
1025, Block 1026, Block 1027, Block 1031, Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Block
4005, Block 4006, Block 4007, Block 4008, Block 4009,
Block 4010, Block 4011, Block 4012, Block 4999, Tract
715.05; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Tract
716.02; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block
2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Block 2025, Block
2026, Block 2027, Block 2028, Block 2029, Block 2030,
Block 2031, Block 2032, Block 2033, Block 2034, Block
2037, Tract 718.06; Block 1000, Block 1001, Block 1004,
Block 1005, Block 1006, Block 1008, Block 2000, Block
2001, Tract 719.01; Block 4000, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block
4007, Block 4010, Tract 719.02; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Block 2025, Block 2026, Block 2998, Block 4000,
Tract 721.05; Block 1000, Block 1001, Block 1002, Block
1003, Block 1004, Block 3000, Block 3001, Block 4000,
Block 4001, Block 4002, Block 4003, Block 4004, Tract
723.08; Block 3000, Block 3001, Block 3002, Block 3003,
Block 3004, Block 3005, Block 3006, Block 3008, Block
3009, Block 3010, Block 3011, Block 3012, Block 3013,
Block 3014, Block 3995, Block 3996, Block 3997, Block
3998, Block 3999, Tract 729.01; Block 1001.
District 7: King County (Part) - Tracts: 1.00, 2.00, 7.00,
8.00, 9.00, 10.00, 11.00, 12.00, 13.00, 15.00, 16.00, 17.00,
18.00, 19.00, 20.00, 21.00, 22.00, 24.00, 25.00, 26.00, 27.00,
28.00, 29.00, 30.00, 31.00, 32.00, 33.00, 34.00, 35.00, 36.00,
38.00, 39.00, 40.00, 41.00, 42.00, 43.00, 44.00, 45.00, 46.00,
47.00, 48.00, 49.00, 50.00, 51.00, 52.00, 53.01, 53.02, 54.00,
56.00, 57.00, 58.01, 58.02, 59.00, 60.00, 61.00, 62.00, 63.00,
64.00, 65.00, 66.00, 67.00, 68.00, 69.00, 70.00, 71.00, 72.00,
73.00, 74.00, 75.00, 76.00, 77.00, 78.00, 79.00, 80.01, 80.02,
81.00, 82.00, 83.00, 84.00, 85.00, 86.00, 87.00, 88.00, 89.00,
90.00, 91.00, 92.00, 93.00, 94.00, 95.00, 96.00, 97.01, 97.02,
98.00, 99.00, 100.00, 101.00, 102.00, 103.00, 104.00,
105.00, 106.00, 107.00, 108.00, 109.00, 110.00, 111.01,
111.02, 112.00, 113.00, 114.00, 115.00, 116.00, 117.00,
118.00, 119.00, 120.00, 121.00, 211.00, 213.00, 260.01,
263.00, 264.00, 265.00, 266.00, 267.00, 268.01, 268.02,
269.00, 270.00, 271.00, 272.00, 274.00, 275.00, 277.01,
277.02, King County (Part) - Block Groups Tract 3.00; Block
Group 1, Tract 4.02; Block Group 3, Tract 4.02; Block Group
(2010 Ed.)
Congressional Districts and Apportionment
4, Tract 6.00; Block Group 2, Tract 6.00; Block Group 3,
Tract 6.00; Block Group 4, Tract 6.00; Block Group 5, Tract
6.00; Block Group 6, Tract 14.00; Block Group 1, Tract
14.00; Block Group 2, Tract 14.00; Block Group 3, Tract
14.00; Block Group 4, Tract 14.00; Block Group 6, Tract
205.00; Block Group 1, Tract 205.00; Block Group 2, Tract
205.00; Block Group 3, Tract 205.00; Block Group 4, Tract
205.00; Block Group 5, Tract 205.00; Block Group 7, Tract
206.00; Block Group 2, Tract 210.00; Block Group 1, Tract
214.00; Block Group 2, Tract 260.02; Block Group 3, Tract
261.00; Block Group 1, Tract 261.00; Block Group 2, Tract
261.00; Block Group 3, Tract 261.00; Block Group 5, Tract
261.00; Block Group 6, Tract 273.00; Block Group 1, Tract
273.00; Block Group 3, Tract 273.00; Block Group 4, Tract
273.00; Block Group 5, Tract 276.00; Block Group 1, Tract
276.00; Block Group 2, King County (Part) -Blocks: Tract
3.00; Block 2000, Block 2001, Block 2015, Block 2016,
Block 2017, Tract 4.02; Block 2005, Block 2006, Block
2007, Block 2008, Block 2009, Block 2010, Block 2011,
Block 2012, Block 5008, Block 5009, Block 5010, Block
5011, Block 5012, Tract 5.00; Block 1014, Block 1015,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 3000, Block 3001,
Block 3002, Block 3003, Block 3004, Block 3008, Block
3009, Block 3010, Block 3012, Block 3013, Block 3014,
Block 3015, Tract 6.00; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1015, Block 1016, Block 1017, Block 1018, Tract
14.00; Block 5000, Block 5001, Block 5002, Block 5003,
Block 5004, Block 5005, Block 5006, Block 5007, Block
5008, Block 5009, Tract 204.01; Block 1014, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block
3005, Block 3006, Block 3007, Block 3008, Block 3012,
Block 3013, Block 3014, Tract 205.00; Block 6001, Block
6002, Block 6003, Block 6004, Block 6005, Block 6006,
Tract 206.00; Block 1000, Block 1001, Block 1002, Block
1005, Block 1006, Block 3000, Block 3004, Block 3005,
Block 3006, Tract 210.00; Block 2000, Block 2001, Block
2002, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2010, Block 2011, Block 5000, Block 5001, Block
5006, Block 5007, Block 5008, Block 5009, Block 5016,
Block 5017, Block 5018, Tract 214.00; Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1019, Block 1020, Block 1021,
Block 1022, Block 1998, Block 1999, Block 3001, Block
3002, Block 3003, Block 3004, Block 3005, Block 3006,
Block 3007, Block 3008, Block 3009, Block 3010, Block
3011, Block 3012, Block 3013, Tract 253.00; Block 5002,
Block 5003, Block 5004, Block 5005, Block 5006, Block
5997, Block 5998, Block 5999, Tract 260.02; Block 1001,
Block 1002, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Block 1008, Block 1026, Block 1027,
Block 2010, Block 2011, Block 4000, Block 4001, Block
4002, Block 4003, Block 4004, Block 4005, Block 4006,
Block 4007, Block 4008, Block 4009, Block 4010, Block
4011, Block 4021, Block 4022, Block 4023, Block 4024,
Block 4025, Block 4026, Block 4027, Block 4028, Block
4029, Block 4030, Block 5000, Block 5001, Block 5002,
Block 5003, Block 5012, Block 5018, Block 5019, Block
5022, Tract 261.00; Block 4000, Block 4001, Block 4002,
(2010 Ed.)
Chapter 29A.76A
Block 4003, Block 4004, Block 4005, Block 4006, Block
4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4015, Block
4016, Block 4017, Block 4018, Block 4019, Tract 273.00;
Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2010, Block 2011, Tract 276.00; Block 4000, Block
4001, Block 4999.
District 8: King County (Part) - Tracts: 228.01, 229.01,
229.02, 230.00, 231.00, 232.01, 232.02, 233.00, 234.01,
234.02, 235.00, 236.01, 236.03, 236.04, 237.00, 238.01,
238.02, 239.00, 240.00, 241.00, 243.00, 244.00, 245.00,
246.01, 246.02, 247.01, 247.02, 248.00, 249.01, 249.02,
249.03, 250.01, 250.03, 250.04, 251.01, 251.02, 252.00,
254.00, 255.00, 293.06, 293.07, 294.05, 294.06, 294.08,
295.02, 295.04, 296.01, 311.00, 312.02, 312.04, 312.06,
313.01, 313.02, 314.00, 315.01, 315.02, 316.01, 316.02,
316.03, 317.02, 317.03, 317.04, 318.00, 319.03, 319.04,
319.06, 319.07, 319.08, 319.09, 320.02, 320.03, 320.05,
320.06, 320.07, 320.08, 320.09, 321.02, 321.03, 321.04,
322.03, 322.07, 322.08, 322.09, 322.10, 322.11, 322.12,
323.14, 323.15, 323.16, 323.17, 323.18, 324.01, 324.02,
325.00, 326.01, 326.02, 327.02, 327.03, 327.04, King County
(Part) - Block Groups Tract 228.03; Block Group 3, Tract
242.00; Block Group 1, Tract 242.00; Block Group 3, Tract
242.00; Block Group 4, Tract 253.00; Block Group 1, Tract
256.00; Block Group 1, Tract 256.00; Block Group 2, Tract
256.00; Block Group 4, Tract 256.00; Block Group 5, Tract
293.03; Block Group 4, Tract 293.04; Block Group 2, Tract
293.04; Block Group 4, Tract 294.03; Block Group 2, Tract
294.03; Block Group 3, Tract 294.07; Block Group 3, Tract
295.03; Block Group 4, Tract 295.03; Block Group 5, Tract
296.02; Block Group 2, Tract 306.00; Block Group 1, Tract
308.02; Block Group 1, Tract 312.05; Block Group 1, Tract
312.05; Block Group 3, Tract 312.05; Block Group 4, Tract
323.12; Block Group 4, Tract 323.13; Block Group 1, Tract
323.13; Block Group 2, Tract 328.00; Block Group 1, King
County (Part) - Blocks: Tract 227.01; Block 2009, Block
2010, Block 2011, Block 2012, Block 2013, Block 2014,
Block 2015, Block 2016, Block 2017, Block 2018, Block
2019, Block 2020, Block 2021, Block 2998, Tract 227.03;
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1009, Block 1010, Block 1012, Block 1013,
Block 1014, Block 1015, Tract 228.03; Block 2003, Block
2004, Block 2005, Tract 242.00; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2997, Block 2998,
Tract 253.00; Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block
2012, Block 3000, Block 3001, Block 3998, Block 3999,
Tract 256.00; Block 3000, Block 3001, Block 3002, Block
3003, Block 3004, Block 3005, Block 3006, Block 3007,
Block 3008, Block 3009, Block 3010, Block 3011, Block
3012, Block 3013, Block 3014, Block 3017, Block 3018,
Block 3019, Block 3020, Tract 257.02; Block 2006, Block
2010, Tract 293.04; Block 1000, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block
[Title 29A RCW—page 109]
Chapter 29A.76A
Title 29A RCW: Elections
1012, Block 3004, Block 3005, Block 3006, Block 3008,
Tract 294.07; Block 1000, Block 1001, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Tract 295.03; Block 3000, Block
3005, Block 3006, Block 3007, Tract 296.02; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Tract 297.00; Block 2000, Block 2014, Block
2015, Block 2016, Block 2017, Block 2022, Block 2023,
Block 2024, Block 5000, Tract 306.00; Block 2000, Block
2001, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Block 2009, Block
2025, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Tract
307.00; Block 2009, Tract 308.01; Block 1000, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block
2023, Block 2024, Block 2025, Tract 308.02; Block 2000,
Block 2006, Block 2007, Block 2008, Block 2009, Block
2010, Block 2011, Block 2012, Block 2013, Block 2014,
Tract 310.00; Block 1000, Block 1001, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1022, Block 1024, Block 1025, Block
1026, Block 1027, Block 1028, Block 1029, Block 1030,
Block 1031, Block 1032, Block 1033, Block 1034, Block
1035, Block 1036, Block 1037, Block 1038, Tract 312.05;
Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Tract 323.12; Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2009, Block 5000,
Block 5003, Block 5004, Block 5005, Block 5006, Block
5007, Block 5008, Block 5009, Block 5010, Block 5011,
Block 5012, Block 5013, Block 5014, Block 5015, Block
5016, Block 5017, Block 5018, Block 5019, Block 5020,
Block 5021, Block 5022, Tract 323.13; Block 3000, Block
3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3012, Block 3013, Block
3014, Block 3020, Block 3021, Block 3022, Block 3023,
Block 3024, Block 3025, Block 3026, Block 3027, Block
3028, Block 3029, Block 3999, Tract 328.00; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2011, Block 2012, Block 2013, Block
2014, Block 2015, Block 2016, Block 2017, Block 2018,
Block 2019, Block 2020, Block 2021, Block 2022, Block
2023, Block 2024, Block 2025, Block 2026, Block 2027,
Block 2028, Block 2029, Block 2030, Block 2031, Block
2032, Block 2033, Block 2034, Block 2035, Block 2036,
Block 2037, Block 2038, Block 2039, Block 2040, Block
2041, Block 2042, Block 2043, Block 2044, Block 2045,
Block 2046, Block 2047, Block 2048, Block 2049, Block
2050, Block 2051, Block 2052, Block 2053, Block 2054,
Block 2055, Block 2056, Block 2057, Block 2058, Block
2059, Block 2060, Block 2061, Block 2062, Block 2063,
Block 2064, Block 2065, Block 2066, Block 2067, Block
2068, Block 2069, Block 2070, Block 2071, Block 2086,
Block 2087, Block 2088, Block 2089, Block 2090, Block
2091, Block 2092, Block 2093, Block 2094, Block 2095,
Block 2096, Block 2097, Block 2098, Block 2099, Block
2100, Block 2101, Block 2102, Block 2103, Block 2104,
[Title 29A RCW—page 110]
Block 2105, Block 2106, Block 2107, Block 2108, Block
2109, Block 2110, Block 2111, Block 2112, Block 2113,
Block 2997, Block 2998, Block 2999, Block 3092, Block
3093, Block 3094, Block 3095, Block 3096, Block 3097,
Block 3098, Block 3099, Block 3100, Block 3101, Block
3102, Block 3103, Block 3104, Block 3105, Block 3106,
Block 3107, Block 3108, Block 3109, Block 3110, Block
3111, Block 3112, Block 3113, Block 3114, Block 3115,
Block 3116, Block 3117, Block 3118, Block 3119, Block
3120, Block 3121, Block 3122, Block 3123, Block 3124,
Block 3125, Block 3126, Block 3127, Block 3128, Block
3129, Block 3130, Block 3131, Block 3132, Block 3133,
Block 3134, Block 3135, Block 3136, Block 3137, Block
3138, Block 3139, Block 3140, Block 3141, Block 3142,
Block 3143, Block 3144, Block 3145, Block 3146, Block
3147, Block 3148, Block 3149, Block 3150, Block 3151,
Block 3152, Block 3153, Block 3161, Block 3162, Block
3163, Block 3164, Block 3165, Block 3166, Block 3167,
Block 3168, Block 3169, Block 3170, Block 3171, Block
3172, Block 3173, Block 3174, Block 3175, Block 3176,
Block 3177, Block 3178, Block 3179, Block 3180, Block
3181, Block 3182, Block 3183, Block 3184, Block 3185,
Block 3186, Block 3187, Block 3188, Block 3189, Block
3190, Block 3191, Block 3192, Block 3193, Block 3194,
Block 3195, Block 3196, Block 3197, Block 3198, Block
3199, Block 3200, Block 3201, Block 3202, Block 3203,
Block 3204, Block 3205, Block 3206, Block 3207, Block
3208, Block 3209, Block 3210, Block 3211, Block 3374,
Block 3379, Block 3990, Block 3995, Block 3996, Pierce
County (Part) - Tracts: 701.00, 702.03, 702.04, 702.05,
702.06, 702.07, 703.07, 703.08, 703.09, 703.10, 703.11,
704.02, 731.07, 731.09, 731.10, 731.11, 731.12, 731.13,
731.16, 731.17, 731.18, 731.19, 732.00, Pierce County (Part)
-Block Groups Tract 703.03; Block Group 3, Tract 703.03;
Block Group 4, Tract 703.03; Block Group 5, Tract 703.03;
Block Group 6, Tract 703.06; Block Group 2, Tract 703.06;
Block Group 3, Tract 704.01; Block Group 2, Tract 712.08;
Block Group 2, Tract 712.08; Block Group 3, Tract 713.04;
Block Group 1, Tract 713.08; Block Group 3, Tract 731.08;
Block Group 2, Pierce County (Part) -Blocks: Tract 703.03;
Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1015, Block 1016, Block 1017, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2022, Block 2023,
Tract 703.06; Block 1000, Block 1001, Block 1002, Block
1003, Block 1004, Block 1005, Block 1006, Block 1007,
Block 1008, Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block
1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1026, Block 1027, Block 1028, Block 1029, Block
1030, Block 1031, Block 1032, Block 1033, Block 1034,
Block 1035, Block 1037, Tract 704.01; Block 1000, Block
1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 1006, Block 1007, Block 1008, Block 1009, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block
(2010 Ed.)
Congressional Districts and Apportionment
1020, Tract 712.07; Block 2000, Block 2001, Tract 712.08;
Block 1000, Block 1003, Block 1004, Block 1005, Block
1006, Block 1007, Tract 712.10; Block 2008, Block 2009,
Block 3015, Block 3016, Block 3017, Block 3018, Block
3019, Block 3021, Block 3022, Block 3023, Block 3024,
Block 3025, Block 3026, Tract 713.04; Block 2024, Block
2025, Block 2026, Block 2027, Block 2028, Block 3010,
Block 3011, Block 3012, Block 3013, Tract 713.08; Block
1000, Block 1001, Block 1002, Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2018, Tract 714.06; Block
3010, Block 3011, Block 3012, Block 3017, Tract 714.07;
Block 1000, Block 1014, Block 1015, Block 1016, Tract
730.06; Block 1000, Block 1001, Block 1002, Block 1049,
Block 1050, Block 1051, Block 1052, Block 1053, Block
1054, Block 1055, Block 1056, Block 1999, Tract 731.08;
Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1012, Block
1013, Block 1014.
District 9: King County (Part) - Tracts: 257.01, 258.01,
258.03, 258.04, 262.00, 278.00, 279.00, 280.00, 281.00,
282.00, 283.00, 284.02, 284.03, 285.00, 286.00, 287.00,
288.01, 288.02, 289.01, 289.02, 290.01, 290.03, 290.04,
291.00, 292.01, 292.03, 292.04, 293.05, 298.01, 298.02,
299.01, 299.02, 300.02, 300.03, 300.04, 301.00, 302.01,
302.02, 303.03, 303.04, 303.05, 303.06, 303.08, 303.09,
303.10, 303.11, 303.12, 304.01, 304.03, 304.04, 305.01,
305.03, 305.04, 309.01, 309.02, King County (Part) -Block
Groups Tract 253.00; Block Group 4, Tract 253.00; Block
Group 6, Tract 257.02; Block Group 1, Tract 257.02; Block
Group 3, Tract 257.02; Block Group 4, Tract 257.02; Block
Group 5, Tract 276.00; Block Group 3, Tract 293.03; Block
Group 1, Tract 293.03; Block Group 2, Tract 293.03; Block
Group 3, Tract 294.03; Block Group 1, Tract 294.07; Block
Group 2, Tract 295.03; Block Group 1, Tract 295.03; Block
Group 2, Tract 297.00; Block Group 1, Tract 297.00; Block
Group 3, Tract 297.00; Block Group 4, Tract 306.00; Block
Group 3, Tract 306.00; Block Group 4, Tract 307.00; Block
Group 1, Tract 307.00; Block Group 3, Tract 307.00; Block
Group 4, Tract 308.01; Block Group 3, Tract 308.01; Block
Group 4, Tract 308.02; Block Group 3, King County (Part) Blocks: Tract 253.00; Block 2013, Block 2014, Block 2015,
Block 2016, Block 2017, Block 2018, Block 2019, Block
2020, Block 2021, Block 2022, Block 2023, Block 3002,
Block 3003, Block 3004, Block 3005, Block 3006, Block
3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block
3016, Block 3017, Block 3018, Block 3019, Block 3020,
Block 3021, Block 3022, Block 3023, Block 3024, Block
3025, Block 3026, Block 3027, Block 3028, Block 3029,
Block 3030, Block 3031, Block 3032, Block 3033, Block
3034, Block 3035, Block 3036, Block 3037, Block 3038,
Block 3039, Block 3040, Block 3041, Block 3042, Block
3043, Block 3044, Block 3045, Block 3046, Block 3047,
(2010 Ed.)
Chapter 29A.76A
Block 3048, Block 3049, Block 3050, Block 3051, Block
3052, Block 3053, Block 3054, Block 3055, Block 3056,
Block 3057, Block 3058, Block 3059, Block 3060, Block
3061, Block 3062, Block 3063, Block 5000, Block 5001,
Block 5007, Block 5008, Block 5009, Block 5010, Block
5011, Block 5012, Block 5013, Block 5014, Block 5015,
Block 5016, Block 5017, Block 5018, Block 5019, Block
5020, Block 5021, Block 5022, Block 5023, Block 5024,
Block 5025, Block 5026, Block 5027, Block 5028, Block
5029, Block 5030, Block 5031, Block 5032, Block 5033,
Block 5034, Block 5035, Block 5036, Block 5037, Tract
256.00; Block 3015, Block 3016, Tract 257.02; Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2007, Block 2008, Block 2009, Tract 260.02;
Block 1000, Block 1009, Block 1010, Block 1011, Block
1012, Block 1013, Block 1014, Block 1015, Block 1016,
Block 1017, Block 1018, Block 1019, Block 1020, Block
1021, Block 1022, Block 1023, Block 1024, Block 1025,
Block 1028, Block 1029, Block 1030, Block 1031, Block
1032, Block 1033, Block 1034, Block 1035, Block 1036,
Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block
2024, Block 4012, Block 4013, Block 4014, Block 4015,
Block 4016, Block 4017, Block 4018, Block 4019, Block
4020, Block 5004, Block 5005, Block 5006, Block 5007,
Block 5008, Block 5009, Block 5010, Block 5011, Block
5013, Block 5014, Block 5015, Block 5016, Block 5017,
Block 5020, Block 5021, Tract 261.00; Block 4020, Block
4021, Tract 273.00; Block 2009, Tract 276.00; Block 4002,
Block 4003, Block 4004, Block 4005, Tract 293.04; Block
1001, Block 1002, Block 1003, Block 1004, Block 1005,
Block 3000, Block 3001, Block 3002, Block 3003, Block
3007, Tract 294.07; Block 1002, Tract 295.03; Block 3001,
Block 3002, Block 3003, Block 3004, Tract 296.02; Block
1011, Block 1012, Block 1013, Block 1014, Block 1015,
Tract 297.00; Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block
2013, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2025, Block 2026, Block 2027, Block 2028, Block
5001, Tract 306.00; Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Block
2017, Block 2018, Block 2019, Block 2020, Block 2021,
Block 2022, Block 2023, Block 2024, Tract 307.00; Block
2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block
2010, Block 2011, Block 2012, Block 2013, Tract 308.01;
Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Tract 308.02; Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Tract
310.00; Block 1018, Block 1019, Block 1020, Block 1021,
Block 1023, Block 1039, Tract 312.05; Block 2009, Pierce
County (Part) - Tracts: 601.02, 601.03, 601.04, 602.00,
705.00, 706.00, 707.01, 707.03, 707.04, 708.00, 709.00,
[Title 29A RCW—page 111]
Chapter 29A.76A
Title 29A RCW: Elections
712.05, 712.06, 712.09, 713.06, 713.07, 714.03, 714.08,
714.09, 714.10, 714.11, 715.06, 720.00, 721.07, 721.08,
721.09, 721.11, 721.12, 727.00, 728.00, 729.03, 729.04,
730.01, 730.05, 731.14, 731.15, 733.01, 733.02, 734.01,
734.03, 734.04, Pierce County (Part) -Block Groups Tract
710.00; Block Group 1, Tract 710.00; Block Group 4, Tract
710.00; Block Group 5, Tract 711.00; Block Group 1, Tract
712.07; Block Group 1, Tract 712.10; Block Group 1, Tract
713.05; Block Group 2, Tract 714.06; Block Group 1, Tract
714.06; Block Group 2, Tract 714.07; Block Group 2, Tract
714.07; Block Group 3, Tract 715.03; Block Group 2, Tract
715.03; Block Group 3, Tract 715.05; Block Group 3, Tract
715.05; Block Group 4, Tract 719.02; Block Group 1, Tract
719.02; Block Group 5, Tract 721.05; Block Group 5, Tract
721.06; Block Group 3, Tract 721.06; Block Group 4, Tract
721.06; Block Group 5, Tract 726.03; Block Group 3, Tract
730.06; Block Group 2, Pierce County (Part) -Blocks: Tract
606.00; Block 1998, Tract 616.02; Block 1032, Block 1034,
Block 1035, Block 1036, Block 1037, Block 1038, Block
1039, Block 1040, Block 1041, Block 1042, Block 1043,
Block 1055, Block 1056, Block 1057, Block 1058, Block
1059, Block 1060, Block 1061, Block 1062, Block 1063,
Block 1064, Block 1065, Block 1066, Block 1069, Block
1070, Block 1071, Block 1076, Block 1077, Block 1078,
Tract 621.00; Block 1002, Tract 633.00; Block 1032, Block
2000, Block 2028, Block 2029, Tract 703.03; Block 1013,
Block 1014, Block 1018, Block 2018, Block 2019, Block
2020, Block 2021, Tract 703.06; Block 1036, Tract 704.01;
Block 1010, Tract 710.00; Block 2000, Block 2001, Block
2002, Block 2003, Block 2004, Block 2007, Block 2008,
Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Block 3005, Block 3006, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block
3014, Block 3015, Block 3016, Block 3017, Block 6000,
Block 6001, Block 6002, Block 6003, Block 6004, Block
6005, Block 6006, Block 6007, Block 6008, Block 6011,
Block 6012, Block 6013, Block 6014, Block 6015, Tract
711.00; Block 2000, Block 2001, Block 2002, Block 2003,
Block 2004, Block 2005, Block 2006, Block 2007, Block
2008, Block 2009, Block 2010, Block 2011, Block 2012,
Block 2013, Block 2014, Block 2015, Block 2016, Tract
712.07; Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Tract 712.08; Block
1001, Block 1002, Tract 712.10; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2010, Block 2011, Block 3000,
Block 3001, Block 3002, Block 3003, Block 3004, Block
3005, Block 3006, Block 3007, Block 3008, Block 3009,
Block 3010, Block 3011, Block 3012, Block 3013, Block
3014, Block 3020, Tract 713.04; Block 2000, Block 2001,
Block 2002, Block 2003, Block 2004, Block 2005, Block
2006, Block 2007, Block 2008, Block 2009, Block 2010,
Block 2011, Block 2012, Block 2013, Block 2014, Block
2015, Block 2016, Block 2017, Block 2018, Block 2019,
Block 2020, Block 2021, Block 2022, Block 2023, Block
3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block
3009, Tract 713.05; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1007, Block 1008, Block 1009, Block
1010, Block 1011, Block 1012, Block 1013, Block 1014,
Block 1015, Block 1016, Block 1017, Block 1018, Block
[Title 29A RCW—page 112]
1019, Block 1020, Block 1021, Block 1022, Block 1023,
Block 1024, Block 1025, Block 1026, Block 1027, Block
1028, Block 1029, Block 1030, Tract 713.08; Block 1019,
Block 2015, Block 2016, Block 2017, Tract 714.06; Block
3000, Block 3001, Block 3002, Block 3003, Block 3004,
Block 3005, Block 3006, Block 3007, Block 3008, Block
3009, Block 3013, Block 3014, Block 3015, Block 3016,
Block 3018, Block 3019, Block 3020, Block 3021, Block
3022, Block 3023, Tract 714.07; Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1009, Block 1010, Block 1011,
Block 1012, Block 1013, Block 1017, Tract 715.03; Block
1022, Block 1028, Block 1029, Block 1030, Block 4013,
Block 4014, Block 4015, Block 4016, Block 4017, Block
4018, Block 4019, Block 4020, Block 4021, Block 4022,
Block 4023, Block 4024, Block 4025, Block 4026, Block
4998, Tract 715.05; Block 2008, Block 2009, Block 2010,
Block 2011, Tract 716.02; Block 2035, Block 2036, Tract
718.06; Block 1002, Block 1003, Block 1007, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1022, Block
1023, Block 2002, Block 2003, Block 2004, Block 2005,
Block 2006, Block 2007, Block 2008, Tract 719.01; Block
4008, Block 4009, Block 4011, Block 4012, Block 4013,
Block 4014, Block 4015, Block 4016, Block 4017, Block
4018, Tract 719.02; Block 2999, Block 4001, Block 4002,
Block 4003, Block 4004, Block 4005, Block 4006, Block
4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4999, Tract 721.05; Block
1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 3002, Block 3003, Block
4005, Block 4006, Block 4007, Block 4008, Block 4009,
Block 4010, Block 4011, Block 4012, Block 4013, Block
4014, Block 4015, Block 4016, Block 4017, Block 4018,
Block 4019, Block 4998, Block 4999, Tract 723.08; Block
3007, Block 3994, Tract 729.01; Block 1000, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1999, Tract 730.06; Block 1003, Block 1004,
Block 1005, Block 1006, Block 1007, Block 1008, Block
1009, Block 1010, Block 1011, Block 1012, Block 1013,
Block 1014, Block 1015, Block 1016, Block 1017, Block
1018, Block 1019, Block 1020, Block 1021, Block 1022,
Block 1023, Block 1024, Block 1025, Block 1026, Block
1027, Block 1028, Block 1029, Block 1030, Block 1031,
Block 1032, Block 1033, Block 1034, Block 1035, Block
1036, Block 1037, Block 1038, Block 1039, Block 1040,
Block 1041, Block 1042, Block 1043, Block 1044, Block
1045, Block 1046, Block 1047, Block 1048, Block 1057,
Block 1058, Block 1059, Block 1060, Block 1061, Block
1062, Block 1063, Block 1064, Block 1065, Block 1066,
Block 1067, Block 1068, Block 1069, Block 1070, Block
1071, Block 1072, Block 1073, Block 1074, Block 1075,
Block 1076, Block 1077, Block 1078, Block 1079, Block
1080, Block 1081, Block 1082, Block 1083, Block 1084,
Block 1085, Block 1086, Block 1087, Block 1088, Block
1089, Block 1090, Block 1091, Block 1092, Block 1093,
Block 1094, Block 1095, Block 1096, Block 1097, Block
1098, Block 1099, Block 1100, Block 1101, Block 1102,
Block 1103, Block 1104, Block 1105, Block 1106, Block
1107, Block 1108, Block 1109, Block 1110, Block 1111,
(2010 Ed.)
Political Parties
Block 1112, Block 1113, Block 1114, Block 1115, Block
1116, Block 1117, Block 1118, Block 1119, Block 1120,
Block 1993, Block 1994, Block 1995, Block 1996, Block
1997, Block 1998, Tract 731.08; Block 1015, Thurston
County (Part) - Tracts: 114.10, 114.20, 115.00, 116.10,
121.00, 122.20, 123.10, 123.20, 123.30, 124.10, Thurston
County (Part) - Block Groups Tract 112.00; Block Group 3,
Tract 113.00; Block Group 2, Tract 113.00; Block Group 3,
Tract 113.00; Block Group 4, Tract 116.20; Block Group 2,
Tract 122.10; Block Group 1, Tract 122.10; Block Group 2,
Tract 122.10; Block Group 4, Tract 122.10; Block Group 5,
Tract 124.20; Block Group 1, Tract 125.00; Block Group 6,
Thurston County (Part) - Blocks: Tract 102.00; Block 1000,
Block 1001, Block 1002, Block 1003, Block 1004, Block
1005, Block 1006, Block 1007, Block 1008, Block 1009,
Block 1010, Block 1011, Block 1012, Block 1013, Block
1014, Block 1015, Block 1016, Block 1017, Block 1018,
Block 1019, Block 1020, Block 1021, Block 1025, Block
1026, Block 1027, Block 1028, Block 1998, Block 1999,
Block 2000, Block 2001, Block 2002, Block 2003, Block
2004, Block 2005, Block 2006, Block 2007, Block 2008,
Block 2009, Block 2010, Block 2011, Block 2012, Block
2013, Block 2014, Block 2015, Block 2016, Block 2017,
Block 2018, Block 2019, Block 2020, Block 2021, Block
2022, Block 2023, Block 2024, Block 2025, Block 2026,
Block 3000, Block 3001, Block 3002, Block 3003, Block
3004, Block 3005, Block 3006, Block 3007, Block 3008,
Block 3009, Block 3010, Block 3011, Block 3012, Block
3013, Block 3014, Block 3015, Block 3016, Block 3017,
Block 3018, Block 3019, Block 3020, Block 3021, Block
3022, Block 3023, Block 3024, Block 3025, Block 3026,
Block 3027, Block 3028, Block 3029, Block 3030, Block
3034, Block 3035, Tract 103.00; Block 3000, Block 3001,
Block 3002, Block 3017, Block 3018, Block 4006, Block
4007, Block 4008, Block 4009, Block 4010, Block 4011,
Block 4012, Block 4013, Block 4014, Block 4019, Block
4020, Block 4021, Block 4022, Block 4023, Tract 112.00;
Block 1000, Block 1001, Block 1002, Block 1003, Block
1004, Block 1005, Block 1006, Block 1007, Block 1008,
Block 1009, Block 1010, Block 1011, Block 1024, Block
1025, Block 1026, Block 1027, Block 1028, Block 1029,
Block 1030, Block 1031, Block 1032, Block 1033, Block
1034, Block 1035, Block 1036, Block 1037, Block 1038,
Block 1039, Block 1040, Block 1041, Block 1042, Block
1043, Block 1044, Block 1045, Block 1046, Block 1047,
Block 1999, Block 2000, Block 2001, Block 2002, Block
2003, Block 2004, Block 2005, Block 2006, Block 2007,
Block 2008, Block 2009, Block 2010, Block 2011, Block
2012, Block 2013, Block 2014, Block 2015, Block 2016,
Tract 113.00; Block 1000, Block 1003, Block 1004, Block
1005, Tract 116.20; Block 1000, Block 1001, Block 1002,
Block 1003, Block 1004, Block 1005, Block 1006, Block
1007, Block 1008, Block 1031, Block 1032, Block 1033,
Block 1034, Block 1035, Block 1036, Block 4000, Block
4001, Block 4002, Block 4003, Block 4004, Block 4005,
Block 4006, Block 4007, Block 4008, Block 4009, Block
4010, Block 4011, Block 4012, Block 4013, Block 4014,
Block 4016, Block 4017, Block 4018, Block 4019, Block
4020, Block 4021, Block 4022, Block 4023, Block 4024,
Block 4025, Block 4026, Block 4027, Block 4028, Block
4999, Tract 122.10; Block 3000, Block 3001, Block 3002,
(2010 Ed.)
29A.80.010
Block 3003, Block 3004, Block 3005, Block 3006, Block
3007, Block 3008, Block 3009, Block 3010, Block 3011,
Block 3012, Block 3013, Block 3014, Block 3015, Block
3016, Block 3018, Block 3019, Block 3020, Block 3021,
Block 3022, Block 3023, Block 3024, Tract 124.20; Block
2000, Block 2001, Block 2002, Block 2003, Block 2004,
Block 2005, Block 2006, Block 2007, Block 2008, Block
2009, Block 2026, Block 2027, Block 2028, Block 2029,
Block 2030, Block 2031, Block 2032, Block 2033, Block
2034, Block 2035, Block 2036, Block 2037, Block 2038,
Block 2039, Tract 125.00; Block 1000, Block 1001, Block
1002, Block 1003, Block 1004, Block 1005, Block 1006,
Block 1007, Block 1008, Block 1009, Block 1010, Block
1011, Block 1012, Block 1013, Block 1014, Block 1015,
Block 1016, Block 1017, Block 1018, Block 1019, Block
1020, Block 1023, Block 1024, Block 1050, Block 2000,
Block 2001, Block 2002, Block 2003, Block 2004, Block
2005, Block 2006, Block 2007, Block 2008, Block 2009,
Block 2010, Block 2013, Block 2014, Block 3000, Block
3001, Block 3002, Block 3003, Block 3004, Block 3005,
Block 3006, Block 3007, Block 3008, Block 3009, Block
3010, Block 3011, Block 3012, Block 3013, Block 3014,
Block 3015, Block 3016, Block 3017, Block 3018, Block
3019, Block 3020, Block 3021, Block 3022, Block 3025,
Block 3046, Block 3047, Block 3048, Block 3049, Block
3051, Block 3052, Block 3053, Block 3054, Block 3055,
Block 3056, Block 3057, Block 3058, Block 3059, Block
3996, Block 3997, Block 3998, Block 3999, Block 4018,
Block 4019, Block 4020, Block 4185, Block 4186, Block
4187.
Chapter 29A.80
Chapter 29A.80 RCW
POLITICAL PARTIES
Sections
29A.80.010
29A.80.011
29A.80.020
29A.80.030
29A.80.041
29A.80.051
29A.80.061
Rule-making authority.
Authority—Generally.
State committee.
County central committee—Organization meetings.
Precinct committee officer, eligibility.
Precinct committee officer—Election—Term.
Legislative district chair—Election—Term—Removal.
No link between voter and ballot choice: RCW 29A.08.161.
Party affiliation not required: RCW 29A.08.166.
29A.80.010
29A.80.010 Rule-making authority. Each political party organization may adopt rules governing its own organization and the nonstatutory
functions of that organization. [2005 c 2 § 14 (Initiative Measure No. 872,
approved November 2, 2004); 2003 c 111 § 2001; 1977 ex.s. c 329 § 16;
1965 c 9 § 29.42.010. Prior: 1961 c 130 § 2; prior: 1943 c 178 § 1, part;
1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925 ex.s. c 158 § 1, part; 1909 c
82 § 6, part; 1907 c 209 § 22, part; Rem. Supp. 1943 § 5198, part. Formerly
RCW 29.42.010.]
Reviser’s note: (1) RCW 29A.80.010 was amended by 2005 c 2 § 14
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
Short title—Intent—Contingent effective date—2005 c 2 (Initiative
Measure No. 872): See notes following RCW 29A.52.112.
29A.80.010
29A.80.010 Authority—Generally. [2003 c 111 § 2001; 1977 ex.s.
c 329 § 16; 1965 c 9 § 29.42.010. Prior: 1961 c 130 § 2; prior: 1943 c 178
[Title 29A RCW—page 113]
29A.80.011
Title 29A RCW: Elections
§ 1, part; 1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925 ex.s. c 158 § 1, part;
1909 c 82 § 6, part; 1907 c 209 § 22, part; Rem. Supp. 1943 § 5198, part.
Formerly RCW 29.42.010.] Repealed by 2004 c 271 § 193.
Reviser’s note: (1) RCW 29A.80.010 was amended by 2005 c 2 § 14
(Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271
§ 193. For rule of construction, see RCW 1.12.025.
(2) The constitutionality of Initiative Measure No. 872 was upheld in
Washington State Grange v. Washington State Republican Party, et al., 552
U.S. . . . (2008).
29A.80.011 Authority—Generally. (1) Each political
party organization may:
(a) Make its own rules and regulations; and
(b) Perform all functions inherent in such an organization.
(2) Only major political parties may designate candidates to appear on the state primary ballot as provided in
RCW 29A.28.011. [2004 c 271 § 183.]
29A.80.011
29A.80.020 State committee. The state committee of
each major political party consists of one committeeman and
one committeewoman from each county elected by the
county central committee at its organization meeting. It must
have a chair and vice-chair of opposite sexes. This committee shall meet during January of each odd-numbered year for
the purpose of organization at a time and place designated by
a notice mailed at least one week before the date of the meeting to all the newly elected state committeemen and committeewomen by the authorized officers of the retiring committee. At its organizational meeting it shall elect its chair and
vice-chair, and such officers as its bylaws may provide, and
adopt bylaws, rules, and regulations. It may:
(1) Call conventions at such time and place and under
such circumstances and for such purposes as the call to convention designates. The manner, number, and procedure for
selection of state convention delegates is subject to the committee’s rules and regulations duly adopted;
(2) Provide for the election of delegates to national conventions;
(3) Fill vacancies on the ticket for any federal or state
office to be voted on by the electors of more than one county;
(4) Provide for the nomination of presidential electors;
and
(5) Perform all functions inherent in such an organization.
Notwithstanding any provision of this chapter, the committee may not adopt rules governing the conduct of the
actual proceedings at a party state convention. [2003 c 111 §
2002; 1987 c 295 § 11; 1972 ex.s. c 45 § 1; 1965 c 9 §
29.42.020. Prior: 1961 c 130 § 3; prior: 1943 c 178 § 1, part;
1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925 ex.s. c 158 § 1,
part; 1909 c 82 § 6, part; 1907 c 209 § 22, part; Rem. Supp.
1943 § 5198, part. Formerly RCW 29.42.020.]
29A.80.020
29A.80.030 County central committee—Organization meetings. The county central committee of each major
political party consists of the precinct committee officers of
the party from the several voting precincts of the county. Following each state general election held in even-numbered
years, this committee shall meet for the purpose of organization at an easily accessible location within the county, subsequent to the certification of precinct committee officers by
29A.80.030
[Title 29A RCW—page 114]
the county auditor and no later than the second Saturday of
the following January. The authorized officers of the retiring
committee shall cause notice of the time and place of the
meeting to be mailed to each precinct committee officer at
least seventy-two hours before the date of the meeting.
At its organization meeting, the county central committee shall elect a chair and vice-chair of opposite sexes. [2003
c 111 § 2003; 1987 c 295 § 12; 1973 c 85 § 1; 1973 c 4 § 5;
1965 c 9 § 29.42.030. Prior: 1961 c 130 § 4; prior: 1943 c
178 § 1, part; 1939 c 48 § 1, part; 1927 c 200 § 1, part; 1925
ex.s. c 158 § 1, part; 1909 c 82 § 6, part; 1907 c 209 § 22, part;
Rem. Supp. 1943 § 5198, part. Formerly RCW 29.42.030.]
Precinct election officers, appointment: RCW 29A.44.410 and 29A.44.430.
29A.80.041 Precinct committee officer, eligibility.
Any member of a major political party who is a registered
voter in the precinct may file his or her declaration of candidacy as prescribed under RCW 29A.24.031 with the county
auditor for the office of precinct committee officer of his or
her party in that precinct. When elected at the primary, the
precinct committee officer shall serve so long as the committee officer remains an eligible voter in that precinct. [2009 c
106 § 3; 2004 c 271 § 148.]
29A.80.041
29A.80.051 Precinct committee officer—Election—
Term. The statutory requirements for filing as a candidate at
the primaries apply to candidates for precinct committee
officer. The office must be voted upon at the primaries, and
the names of all candidates must appear under the proper
party and office designations on the ballot for the primary for
each even-numbered year, and the one receiving the highest
number of votes will be declared elected. However, to be
declared elected, a candidate must receive at least ten percent
of the number of votes cast for the candidate of the candidate’s party receiving the greatest number of votes in the precinct. The term of office of precinct committee officer is two
years, commencing the first day of December following the
primary. [2004 c 271 § 149.]
29A.80.051
29A.80.061 Legislative district chair—Election—
Term—Removal. Within forty-five days after the statewide
general election in even-numbered years, the county chair of
each major political party shall call separate meetings of all
elected precinct committee officers in each legislative district
for the purpose of electing a legislative district chair in such
district. The district chair shall hold office until the next legislative district reorganizational meeting two years later, or
until a successor is elected.
The legislative district chair may be removed only by the
majority vote of the elected precinct committee officers in the
chair’s district. [2004 c 271 § 150.]
29A.80.061
Chapter 29A.84
Chapter 29A.84 RCW
CRIMES AND PENALTIES
Sections
GENERAL PROVISIONS
29A.84.010
29A.84.020
29A.84.030
29A.84.040
Voting, registration irregularities.
Violations by officers.
Penalty.
Political advertising, removing or defacing.
(2010 Ed.)
Crimes and Penalties
29A.84.050
Tampering with registration form, absentee or provisional
ballots.
29A.84.110
29A.84.120
29A.84.130
29A.84.140
29A.84.150
Officials’ violations.
Disenfranchisement or discrimination.
Voter violations.
Unqualified registration.
Misuse, alteration of registration database.
REGISTRATION
PETITIONS AND SIGNATURES
29A.84.210
29A.84.220
29A.84.230
29A.84.240
29A.84.250
29A.84.261
29A.84.270
29A.84.280
Violations by officers.
Violations—Corrupt practices.
Violations by signers.
Violations by signers, officers—Penalty.
Violations—Corrupt practices.
Petitions—Improperly signing.
Duplication of names—Conspiracy—Criminal and civil liability.
Paid petition solicitors—Finding.
FILING FOR OFFICE, DECLARATIONS, AND NOMINATIONS
29A.84.311
29A.84.320
Candidacy declarations, nominating petitions.
Duplicate, nonexistent, untrue names—Penalty.
BALLOTS
29A.84.410
29A.84.420
Unlawful appropriation, printing, or distribution.
Unauthorized examination of ballots, election materials—
Revealing information.
29A.84.510
Acts prohibited in vicinity of polling place—Prohibited practices as to ballots.
Electioneering by election officers forbidden.
Electioneering by disability access voting election officer.
Refusing to leave voting booth.
Ballots—Removing from polling place.
Paper record from electronic voting device—Removing from
polling place.
Tampering with materials.
Voting machines, devices—Tampering with—Extra keys.
POLLING PLACE
29A.84.520
29A.84.525
29A.84.530
29A.84.540
29A.84.545
29A.84.550
29A.84.560
VOTING
29A.84.610
29A.84.620
29A.84.630
29A.84.640
29A.84.650
29A.84.655
29A.84.660
29A.84.670
29A.84.670
29A.84.680
Deceptive, incorrect vote recording.
Hindering or bribing voter.
Influencing voter to withhold vote.
Solicitation of bribe by voter.
Repeaters.
Repeaters—Unqualified persons—Officers conniving with.
Unqualified persons voting.
Unlawful acts by voters—Penalty (as amended by 2003 c
53).
Unlawful acts by voters (as amended by 2003 c 111).
Absentee ballots.
CANVASSING AND CERTIFYING
29A.84.711
29A.84.720
29A.84.730
29A.84.740
Documents regarding nomination, election, candidacy—
Frauds and falsehoods.
Officers—Violations generally.
Divulging ballot count.
Returns and posted copy of results—Tampering with.
shall refer the issue to the county prosecuting attorney to
determine if further action is warranted.
(3) When a complaint providing information concerning
fraudulent voter registration, vote tampering, or irregularities
in voting is presented to the office of the prosecuting attorney, that office shall file charges in all cases where warranted. [2003 c 111 § 2101; 2001 c 41 § 12. Formerly RCW
29.85.245.]
29A.84.020 Violations by officers. Every officer who
willfully violates RCW 29A.56.110 through 29A.56.270, for
the violation of which no penalty is prescribed in this title or
who willfully fails to comply with the provisions of this chapter is guilty of a gross misdemeanor. [2003 c 111 § 2102;
1965 c 9 § 29.82.210. Prior: 1953 c 113 § 1; prior: 1913 c
146 § 16, part; RRS § 5365, part. Formerly RCW 29.82.210.]
29A.84.020
29A.84.030 Penalty. A person who willfully violates
any provision of this title regarding the conduct of mail ballot
primaries or elections is guilty of a class C felony punishable
under RCW 9A.20.021. [2003 c 111 § 2103; 2001 c 241 §
21. Formerly RCW 29.38.070.]
29A.84.030
29A.84.040 Political advertising, removing or defacing. A person who removes or defaces lawfully placed political advertising including yard signs or billboards without
authorization is guilty of a misdemeanor punishable to the
same extent as a misdemeanor that is punishable under RCW
9A.20.021. The defacement or removal of each item constitutes a separate violation. [2003 c 111 § 2104. Prior: 1991 c
81 § 19; 1984 c 216 § 5. Formerly RCW 29.85.275.]
29A.84.040
Political advertising
generally: RCW 42.17.510 through 42.17.540.
rates for candidates: RCW 65.16.095.
Additional notes found at www.leg.wa.gov
29A.84.050 Tampering with registration form,
absentee or provisional ballots. A person who knowingly
destroys, alters, defaces, conceals, or discards a completed
voter registration form or signed absentee or provisional ballot signature affidavit is guilty of a gross misdemeanor. This
section does not apply to (1) the voter who completed the
voter registration form, or (2) a county auditor or registration
assistant who acts as authorized by voter registration law.
[2005 c 243 § 23.]
29A.84.050
No link between voter and ballot choices: RCW 29A.08.161.
Party affiliation not required: RCW 29A.08.166.
GENERAL PROVISIONS
29A.84.010 Voting, registration irregularities. (1) A
county auditor who suspects a person of fraudulent voter registration, vote tampering, or irregularities in voting shall
transmit his or her suspicions and observations without delay
to the canvassing board.
(2) The county auditor shall make a good faith effort to
contact the person in question without delay. If the county
auditor is unable to contact the person, or if, after contacting
the person, the auditor still suspects fraudulent voter registration, vote tampering, or irregularities in voting, the auditor
29A.84.010
(2010 Ed.)
29A.84.110
REGISTRATION
29A.84.110 Officials’ violations. If any county auditor
or registration assistant:
(1) Willfully neglects or refuses to perform any duty
required by law in connection with the registration of voters;
or
(2) Willfully neglects or refuses to perform such duty in
the manner required by voter registration law; or
(3) Enters or causes or permits to be entered on the voter
registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such
records the name of any person not entitled to be thereon; or
29A.84.110
[Title 29A RCW—page 115]
29A.84.120
Title 29A RCW: Elections
(4) Destroys, mutilates, conceals, changes, or alters any
registration record in connection therewith except as authorized by voter registration law,
he or she is guilty of a gross misdemeanor punishable to the
same extent as a gross misdemeanor that is punishable under
RCW 9A.20.021. [2003 c 111 § 2105. Prior: 1994 c 57 § 24;
1991 c 81 § 11; 1965 c 9 § 29.85.190; prior: 1933 c 1 § 26;
RRS § 5114-26; prior: 1889 p 418 § 15; RRS § 5133. Formerly RCW 29.07.400, 29.85.190.]
Additional notes found at www.leg.wa.gov
29A.84.120 Disenfranchisement or discrimination.
An election officer or a person who intentionally disenfranchises an eligible citizen or discriminates against a person eligible to vote by denying voter registration is guilty of a misdemeanor punishable under RCW 9A.20.021. [2003 c 111 §
2106. Prior: 2001 c 41 § 2. Formerly RCW 29.07.405.]
29A.84.120
29A.84.130 Voter violations. Any person who:
(1) Knowingly provides false information on an application for voter registration under any provision of this title;
(2) Knowingly makes or attests to a false declaration as
to his or her qualifications as a voter;
(3) Knowingly causes or permits himself or herself to be
registered using the name of another person;
(4) Knowingly causes himself or herself to be registered
under two or more different names;
(5) Knowingly causes himself or herself to be registered
in two or more counties;
(6) Offers to pay another person to assist in registering
voters, where payment is based on a fixed amount of money
per voter registration;
(7) Accepts payment for assisting in registering voters,
where payment is based on a fixed amount of money per
voter registration; or
(8) Knowingly causes any person to be registered or
causes any registration to be transferred or canceled except as
authorized under this title,
is guilty of a class C felony punishable under RCW
9A.20.021. [2003 c 111 § 2107. Prior: 1994 c 57 § 25; 1991
c 81 § 12; 1990 c 143 § 12; 1977 ex.s. c 361 § 110; 1965 c 9
§ 29.85.200; prior: 1933 c 1 § 27; RRS § 5114-27; prior:
1893 c 45 § 5; 1889 p 418 § 16; RRS § 5136. Formerly RCW
29.07.410, 29.85.200.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
PETITIONS AND SIGNATURES
29A.84.210 Violations by officers. Every officer who
willfully violates any of the provisions of chapter 29A.72
RCW or RCW 29A.32.010 through *29A.32.120, for the violation of which no penalty is herein prescribed, or who willfully fails to comply with the provisions of chapter 29A.72
RCW or RCW 29A.32.010 through *29A.32.120, is guilty of
a gross misdemeanor punishable to the same extent as a gross
misdemeanor that is punishable under RCW 9A.20.021.
[2003 c 111 § 2109; 1993 c 256 § 3; 1965 c 9 § 29.79.480.
Prior: 1913 c 138 § 32, part; RRS § 5428, part. Formerly
RCW 29.79.480.]
29A.84.210
*Reviser’s note: RCW 29A.32.120 was repealed by 2004 c 271 § 193.
Later enactment, see RCW 29A.32.121.
Additional notes found at www.leg.wa.gov
29A.84.130
Additional notes found at www.leg.wa.gov
29A.84.140 Unqualified registration. A person who
knows that he or she does not possess the legal qualifications
of a voter and who registers to vote is guilty of a class C felony. [2005 c 246 § 22; 2003 c 111 § 2108. Prior: 2001 c 41
§ 13. Formerly RCW 29.85.249.]
29A.84.140
Effective date—2005 c 246: See note following RCW 10.64.140.
29A.84.150 Misuse, alteration of registration database. Any state or local election officer, or a designee, who
has access to any county or statewide voter registration database who knowingly uses or alters information in the database inconsistent with the performance of his or her duties is
guilty of a class C felony, punishable under RCW 9A.20.021.
[2004 c 267 § 138.]
29A.84.150
[Title 29A RCW—page 116]
29A.84.220 Violations—Corrupt practices. Every
person is guilty of a gross misdemeanor, who:
(1) For any consideration, compensation, gratuity,
reward, or thing of value or promise thereof, signs or declines
to sign any recall petition; or
(2) Advertises in any newspaper, magazine or other periodical publication, or in any book, pamphlet, circular, or letter, or by means of any sign, signboard, bill, poster, handbill,
or card, or in any manner whatsoever, that he or she will
either for or without compensation or consideration circulate,
solicit, procure, or obtain signatures upon, or influence or
induce or attempt to influence or induce persons to sign or not
to sign any recall petition or vote for or against any recall; or
(3) For pay or any consideration, compensation, gratuity,
reward, or thing of value or promise thereof, circulates, or
solicits, procures, or obtains or attempts to procure or obtain
signatures upon any recall petition; or
(4) Pays or offers or promises to pay, or gives or offers or
promises to give any consideration, compensation, gratuity,
reward, or thing of value to any person to induce him or her
to sign or not to sign, or to circulate or solicit, procure, or
attempt to procure or obtain signatures upon any recall petition, or to vote for or against any recall; or
(5) By any other corrupt means or practice or by threats
or intimidation interferes with or attempts to interfere with
the right of any legal voter to sign or not to sign any recall
petition or to vote for or against any recall; or
(6) Receives, accepts, handles, distributes, pays out, or
gives away, directly or indirectly, any money, consideration,
compensation, gratuity, reward, or thing of value contributed
by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of
whose stockholders are nonresidents of the state of Washington, for any service, work, or assistance of any kind done or
rendered for the purpose of aiding in procuring signatures
upon any recall petition or the adoption or rejection of any
recall. [2003 c 111 § 2110; 1984 c 170 § 12; 1965 c 9 §
29.82.220. Prior: 1953 c 113 § 2; prior: 1913 c 146 § 16,
part; RRS § 5365, part. Formerly RCW 29.82.220.]
29A.84.220
Misconduct in signing a petition: RCW 9.44.080.
(2010 Ed.)
Crimes and Penalties
29A.84.230 Violations by signers. (1) Every person
who signs an initiative or referendum petition with any other
than his or her true name is guilty of a class C felony punishable under RCW 9A.20.021.
(2) Every person who knowingly signs more than one
petition for the same initiative or referendum measure or who
signs an initiative or referendum petition knowing that he or
she is not a legal voter or who makes a false statement as to
his or her residence on any initiative or referendum petition,
is guilty of a gross misdemeanor. [2003 c 111 § 2111; 2003
c 53 § 182; 1993 c 256 § 2; 1965 c 9 § 29.79.440. Prior: 1913
c 138 § 31; RRS § 5427. Formerly RCW 29.79.440,
29.79.450, 29.79.460, 29.79.470.]
29A.84.230
Reviser’s note: This section was amended by 2003 c 53 § 182 and by
2003 c 111 § 2111, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Misconduct in signing a petition: RCW 9.44.080.
Only registered voters may vote—Exception: RCW 29A.04.210.
Registration, information from voter as to qualifications: RCW 29A.08.210.
Residence
contingencies affecting: State Constitution Art. 6 § 4.
defined: RCW 29A.04.151.
Additional notes found at www.leg.wa.gov
29A.84.240 Violations by signers, officers—Penalty.
(1) Every person who signs a recall petition with any other
than his or her true name is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(2) Every person who knowingly (a) signs more than one
petition for the same recall, (b) signs a recall petition when he
or she is not a legal voter, or (c) makes a false statement as to
residence on any recall petition is guilty of a gross misdemeanor.
(3) Every registration officer who makes any false report
or certificate on any recall petition is guilty of a gross misdemeanor. [2004 c 266 § 19. Prior: 2003 c 111 § 2112; 2003
c 53 § 183; 1984 c 170 § 11; 1965 c 9 § 29.82.170; prior:
1913 c 146 § 15; RRS § 5364. Formerly RCW 29.82.170,
29.82.180, 29.82.190, 29.82.200.]
29A.84.240
Effective date—2004 c 266: See note following RCW 29A.04.575.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Misconduct in signing a petition: RCW 9.44.080.
29A.84.250 Violations—Corrupt practices. Every
person is guilty of a gross misdemeanor who:
(1) For any consideration or gratuity or promise thereof,
signs or declines to sign any initiative or referendum petition;
or
(2) Provides or receives consideration for soliciting or
procuring signatures on an initiative or referendum petition if
any part of the consideration is based upon the number of signatures solicited or procured, or offers to provide or agrees to
receive such consideration any of which is based on the number of signatures solicited or procured; or
(3) Gives or offers any consideration or gratuity to any
person to induce him or her to sign or not to sign or to vote for
or against any initiative or referendum measure; or
29A.84.250
(2010 Ed.)
29A.84.270
(4) Interferes with or attempts to interfere with the right
of any voter to sign or not to sign an initiative or referendum
petition or with the right to vote for or against an initiative or
referendum measure by threats, intimidation, or any other
corrupt means or practice; or
(5) Receives, handles, distributes, pays out, or gives
away, directly or indirectly, money or any other thing of
value contributed by or received from any person, firm, association, or corporation whose residence or principal office is,
or the majority of whose members or stockholders have their
residence outside, the state of Washington, for any service
rendered for the purpose of aiding in procuring signatures
upon any initiative or referendum petition or for the purpose
of aiding in the adoption or rejection of any initiative or referendum measure. This subsection does not apply to or prohibit any activity that is properly reported in accordance with
the applicable provisions of *chapter 42.17 RCW.
A gross misdemeanor under this section is punishable to
the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2113; 1993 c 256 § 4;
1975-’76 2nd ex.s. c 112 § 2; 1965 c 9 § 29.79.490. Prior:
1913 c 138 § 32, part; RRS § 5428, part. Formerly RCW
29.79.490]
*Reviser’s note: Provisions in chapter 42.17 RCW relating to campaign finance are recodified in chapter 42.17A RCW by 2010 c 204, effective January 1, 2012.
Misconduct in signing a petition: RCW 9.44.080.
Additional notes found at www.leg.wa.gov
29A.84.261 Petitions—Improperly signing. The following apply to persons signing nominating petitions prescribed by *RCW 29A.24.101:
(1) A person who signs a petition with any other than his
or her name shall be guilty of a misdemeanor.
(2) A person shall be guilty of a misdemeanor if the person knowingly: Signs more than one petition for any single
candidacy of any single candidate; signs the petition when he
or she is not a legal voter; or makes a false statement as to his
or her residence. [2004 c 271 § 184.]
29A.84.261
*Reviser’s note: RCW 29A.24.101 was amended by 2006 c 206 § 4,
renaming "nominating petition" as "filing fee petition."
29A.84.270 Duplication of names—Conspiracy—
Criminal and civil liability. Any person who with intent to
mislead or confuse the electors conspires with another person
who has a surname similar to an incumbent seeking reelection to the same office, or to an opponent for the same office
whose political reputation has been well established, by persuading such other person to file for such office with no
intention of being elected, but to defeat the incumbent or the
well known opponent, is guilty of a class B felony punishable
according to chapter 9A.20 RCW. In addition, all conspirators are subject to a suit for civil damages, the amount of
which may not exceed the salary that the injured person
would have received had he or she been elected or reelected.
[2004 c 266 § 20. Prior: 2003 c 111 § 2115; 2003 c 53 § 178;
1965 c 9 § 29.18.080; prior: 1943 c 198 § 6; Rem. Supp.
1943 § 5213-15. Formerly RCW 29.15.110, 29.18.080.]
29A.84.270
Effective date—2004 c 266: See note following RCW 29A.04.575.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[Title 29A RCW—page 117]
29A.84.280
Title 29A RCW: Elections
29A.84.280 Paid petition solicitors—Finding. The
legislature finds that paying a worker, whose task it is to
secure the signatures of voters on initiative or referendum
petitions, on the basis of the number of signatures the worker
secures on the petitions encourages the introduction of fraud
in the signature gathering process. Such a form of payment
may act as an incentive for the worker to encourage a person
to sign a petition which the person is not qualified to sign or
to sign a petition for a ballot measure even if the person has
already signed a petition for the measure. Such payments
also threaten the integrity of the initiative and referendum
process by providing an incentive for misrepresenting the
nature or effect of a ballot measure in securing petition signatures for the measure. [2003 c 111 § 2116. Prior: 1993 c 256
§ 1. Formerly RCW 29.79.500.]
29A.84.280
Additional notes found at www.leg.wa.gov
FILING FOR OFFICE, DECLARATIONS, AND NOMINATIONS
29A.84.311 Candidacy declarations, nominating
petitions. Every person who:
(1) Knowingly provides false information on his or her
declaration of candidacy or petition of nomination; or
(2) Conceals or fraudulently defaces or destroys a certificate that has been filed with an elections officer under chapter 29A.20 RCW or a declaration of candidacy or petition of
nomination that has been filed with an elections officer, or
any part of such a certificate, declaration, or petition, is guilty
of a class C felony punishable under RCW 9A.20.021. [2004
c 271 § 185.]
29A.84.311
29A.84.320 Duplicate, nonexistent, untrue names—
Penalty. A person is guilty of a class B felony punishable
according to chapter 9A.20 RCW who files a declaration of
candidacy for any public office of:
(1) A nonexistent or fictitious person; or
(2) The name of any person not his or her true name; or
(3) A name similar to that of an incumbent seeking
reelection to the same office with intent to confuse and mislead the electors by taking advantage of the public reputation
of the incumbent; or
(4) A surname similar to one who has already filed for
the same office, and whose political reputation is widely
known, with intent to confuse and mislead the electors by
capitalizing on the public reputation of the candidate who had
previously filed. [2003 c 111 § 2118; 2003 c 53 § 177; 1965
c 9 § 29.18.070. Prior: (i) 1943 c 198 § 2; Rem. Supp. 1943
§ 5213-11. (ii) 1943 c 198 § 3; Rem. Supp. 1943 § 5213-12.
Formerly RCW 29.15.100, 29.18.070.]
29A.84.320
officer authorized by the laws of this state to procure the
printing of any official ballot or who is engaged in printing
official ballots is guilty of a gross misdemeanor if the person
knowingly:
(1) Appropriates any official ballot to himself or herself;
or
(2) Gives or delivers any official ballot to or permits any
official ballot to be taken by any person other than the officer
authorized by law to receive it; or
(3) Prints or causes to be printed any official ballot: (a)
In any other form than that prescribed by law or as directed
by the officer authorized to procure the printing thereof; or
(b) with any other names thereon or with the names spelled
otherwise than as directed by such officer, or the names or
printing thereon arranged in any other way than that authorized and directed by law.
A gross misdemeanor under this section is punishable to
the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2119. Prior: 1991 c
81 § 3; 1965 c 9 § 29.85.040; prior: 1893 c 115 § 1; RRS §
5395. Formerly RCW 29.85.040.]
Additional notes found at www.leg.wa.gov
29A.84.420 Unauthorized examination of ballots,
election materials—Revealing information. (1) It is a
gross misdemeanor for a person to examine, or assist another
to examine, any voter record, ballot, or any other state or
local government official election material if the person,
without lawful authority, conducts the examination:
(a) For the purpose of identifying the name of a voter and
how the voter voted; or
(b) For the purpose of determining how a voter, whose
name is known to the person, voted; or
(c) For the purpose of identifying the name of the voter
who voted in a manner known to the person.
(2) Any person who reveals to another information
which the person ascertained in violation of subsection (1) of
this section is guilty of a gross misdemeanor.
(3) A gross misdemeanor under this section is punishable
to the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2120. Prior: 1991 c
81 § 2; 1965 c 9 § 29.85.020; prior: 1911 c 89 § 1, part; Code
1881 § 906; 1873 p 205 § 105; 1854 p 93 § 96; RRS § 5387.
Formerly RCW 29.85.020.]
29A.84.420
Additional notes found at www.leg.wa.gov
POLLING PLACE
29A.84.510 Acts prohibited in vicinity of polling
place—Prohibited practices as to ballots. (1) On the day of
any primary or general or special election, no person may,
within a polling place, or in any public area within three hundred feet of any entrance to such polling place:
(a) Suggest or persuade or attempt to suggest or persuade
any voter to vote for or against any candidate or ballot measure;
(b) Circulate cards or handbills of any kind;
(c) Solicit signatures to any kind of petition; or
29A.84.510
Reviser’s note: This section was amended by 2003 c 53 § 177 and by
2003 c 111 § 2118, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
BALLOTS
29A.84.410 Unlawful appropriation, printing, or distribution. Any person who is retained or employed by any
29A.84.410
[Title 29A RCW—page 118]
(2010 Ed.)
Crimes and Penalties
(d) Engage in any practice which interferes with the freedom of voters to exercise their franchise or disrupts the
administration of the polling place.
(2) No person may obstruct the doors or entries to a
building in which a polling place is located or prevent free
access to and from any polling place. Any sheriff, deputy
sheriff, or municipal law enforcement officer shall prevent
such obstruction, and may arrest any person creating such
obstruction.
(3) No person may:
(a) Except as provided in RCW 29A.44.050, remove any
ballot from the polling place before the closing of the polls;
or
(b) Solicit any voter to show his or her ballot.
(4) No person other than an inspector or judge of election
may receive from any voter a voted ballot or deliver a blank
ballot to such elector.
(5) Any violation of this section is a gross misdemeanor,
punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021, and the person convicted
may be ordered to pay the costs of prosecution. [2003 c 111
§ 2121. Prior: 1991 c 81 § 20; 1990 c 59 § 75; 1984 c 35 §
1; 1983 1st ex.s. c 33 § 1; 1965 c 9 § 29.51.020; prior: (i)
1947 c 35 § 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947
§ 5298, part. (ii) 1895 c 156 § 7, part; 1889 p 409 § 22, part;
Code 1881 § 3079, part; 1865 p 34 § 4, part; RRS § 5279,
part. Formerly RCW 29.51.020]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Additional notes found at www.leg.wa.gov
29A.84.520
29A.84.520 Electioneering by election officers forbidden. Any election officer who does any electioneering on
primary or election day, is guilty of a misdemeanor, and upon
conviction must be fined in any sum not exceeding one hundred dollars and pay the costs of prosecution. [2003 c 111 §
2122; 1965 c 9 § 29.51.030. Prior: 1947 c 35 § 1, part; 1889
p 412 § 33, part; Rem. Supp. 1947 § 5298, part. Formerly
RCW 29.51.030.]
29A.84.525
29A.84.525 Electioneering by disability access voting
election officer. A disability access voting election officer
who does any electioneering during the voting period is
guilty of a misdemeanor, and upon conviction must be fined
a sum not exceeding one hundred dollars and pay the costs of
prosecution. [2004 c 267 § 309.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
29A.84.530
29A.84.530 Refusing to leave voting booth. Deliberately impeding other voters from casting their votes by refusing to leave a voting booth or voting device is a misdemeanor
and is subject to the penalties provided in chapter 9A.20
RCW. The precinct election officers may provide assistance
in the manner provided by RCW 29A.44.240 to any voter
who requests it. [2003 c 111 § 2123. Prior: 1990 c 59 § 49.
Formerly RCW 29.51.221.]
29A.84.620
29A.84.540 Ballots—Removing from polling place.
Any person who, without lawful authority, removes a ballot
from a polling place is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [2003 c 111 § 2124. Prior:
1991 c 81 § 1; 1965 c 9 § 29.85.010; prior: 1893 c 115 § 2;
RRS § 5396. Formerly RCW 29.85.010.]
29A.84.540
Additional notes found at www.leg.wa.gov
29A.84.545 Paper record from electronic voting
device—Removing from polling place. Anyone who, without authorization, removes from a polling place a paper
record produced by an electronic voting device is guilty of a
class C felony punishable under RCW 9A.20.021. [2005 c
242 § 6.]
29A.84.545
Paper records: RCW 29A.12.085, 29A.44.045, 29A.60.095.
29A.84.550 Tampering with materials. Any person
who willfully defaces, removes, or destroys any of the supplies or materials that the person knows are intended both for
use in a polling place and for enabling a voter to prepare his
or her ballot is guilty of a class C felony punishable under
RCW 9A.20.021. [2003 c 111 § 2125; 1991 c 81 § 9; 1965 c
9 § 29.85.110. Prior: 1889 p 412 § 31; RRS § 5296.
FORMER PART OF SECTION: 1935 c 108 § 3, part; RRS
§ 5339-3, part, now codified, as reenacted, in RCW
29.85.230. Formerly RCW 29.85.110.]
29A.84.550
Additional notes found at www.leg.wa.gov
29A.84.560 Voting machines, devices—Tampering
with—Extra keys. Any person who tampers with or damages or attempts to damage any voting machine or device to
be used or being used in a primary or special or general election, or who prevents or attempts to prevent the correct operation of such machine or device, or any unauthorized person
who makes or has in his or her possession a key to a voting
machine or device to be used or being used in a primary or
special or general election, is guilty of a class C felony punishable under RCW 9A.20.021. [2003 c 111 § 2126; 1991 c
81 § 18; 1965 c 9 § 29.85.260. Prior: 1913 c 58 § 16; RRS §
5316. Formerly RCW 29.85.260.]
29A.84.560
Additional notes found at www.leg.wa.gov
VOTING
29A.84.610 Deceptive, incorrect vote recording. A
person is guilty of a gross misdemeanor who knowingly:
(1) Deceives any voter in recording his or her vote by
providing incorrect or misleading recording information or
by providing faulty election equipment or records; or
(2) Records the vote of any voter in a manner other than
as designated by the voter.
Such a gross misdemeanor is punishable to the same
extent as a gross misdemeanor that is punishable under RCW
9A.20.021. [2003 c 111 § 2127. Prior: 1991 c 81 § 4. Formerly RCW 29.85.051.]
29A.84.610
Additional notes found at www.leg.wa.gov
29A.84.620 Hindering or bribing voter. Any person
who uses menace, force, threat, or any unlawful means
29A.84.620
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
(2010 Ed.)
[Title 29A RCW—page 119]
29A.84.630
Title 29A RCW: Elections
towards any voter to hinder or deter such a voter from voting,
or directly or indirectly offers any bribe, reward, or any thing
of value to a voter in exchange for the voter’s vote for or
against any person or ballot measure, or authorizes any person to do so, is guilty of a class C felony punishable under
RCW 9A.20.021. [2003 c 111 § 2128. Prior: 1991 c 81 § 5;
1965 c 9 § 29.85.060; prior: (i) 1911 c 89 § 1, part; Code
1881 § 904; 1873 p 204 § 103; 1854 p 93 § 94; RRS § 5386.
(ii) 1911 c 89 § 1, part; 1901 c 142 § 1; Code 1881 § 909;
1873 p 205 § 106; 1865 p 50 § 1; 1854 p 93 § 97; RRS §
5388. Formerly RCW 29.85.060.]
Employer’s duty to provide time to vote: RCW 49.28.120.
Additional notes found at www.leg.wa.gov
Code 1881 § 911; 1873 p 205 § 108; RRS § 5385. Formerly
RCW 29.85.220.]
Additional notes found at www.leg.wa.gov
29A.84.660 Unqualified persons voting. Any person
who knows that he or she does not possess the legal qualifications of a voter and who votes at any primary or special or
general election authorized by law to be held in this state for
any office whatever is guilty of a class C felony punishable
under RCW 9A.20.021. [2003 c 111 § 2133; 1991 c 81 § 17;
1965 c 9 § 29.85.240. Prior: 1911 c 89 § 1, part; Code 1881
§ 905; 1873 p 204 § 104; 1865 p 51 § 4; 1854 p 93 § 95; RRS
§ 5384. Formerly RCW 29.85.240.]
29A.84.660
Additional notes found at www.leg.wa.gov
29A.84.630 Influencing voter to withhold vote. Any
person who in any way, directly or indirectly, by menace or
unlawful means, attempts to influence any person in refusing
to give his or her vote in any primary or special or general
election is guilty of a gross misdemeanor punishable to the
same extent as a gross misdemeanor that is punishable under
RCW 9A.20.021. [2003 c 111 § 2129. Prior: 1991 c 81 § 6;
1965 c 9 § 29.85.070; prior: Code 1881 § 3140; RRS § 5389.
Formerly RCW 29.85.070.]
29A.84.630
Employer’s duty to provide time to vote: RCW 49.28.120.
Additional notes found at www.leg.wa.gov
29A.84.640 Solicitation of bribe by voter. Any person
who solicits, requests, or demands, directly or indirectly, any
reward or thing of value or the promise thereof in exchange
for his or her vote or in exchange for the vote of any other
person for or against any candidate or for or against any ballot measure to be voted upon at a primary or special or general election is guilty of a gross misdemeanor punishable to
the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021. [2003 c 111 § 2130. Prior: 1991 c
81 § 7; 1965 c 9 § 29.85.090; prior: 1907 c 209 § 32; RRS §
5207. Formerly RCW 29.85.090.]
29A.84.640
Additional notes found at www.leg.wa.gov
29A.84.650 Repeaters. (1) Any person who intentionally votes or attempts to vote in this state more than once at
any election, or who intentionally votes or attempts to vote in
both this state and another state at any election, is guilty of a
class C felony.
(2) Any person who recklessly or negligently violates
this section commits a class 1 civil infraction as provided in
RCW 7.80.120. [2005 c 243 § 24; 2003 c 111 § 2131. Prior:
1991 c 81 § 13; 1965 c 9 § 29.85.210; prior: 1911 c 89 § 1,
part; Code 1881 § 903; 1873 p 204 § 102; 1865 p 51 § 5; 1854
p 93 § 93; RRS § 5383. Formerly RCW 29.85.210.]
29A.84.650
29A.84.670
29A.84.670 Unlawful acts by voters—Penalty (as amended by 2003
c 53). (1) It ((shall be)) is unlawful for a voter to:
(((1))) (a) Show his or her ballot after it is marked to any person in such
a way as to reveal the contents thereof or the name of any candidate for
whom he or she has marked his or her vote;
(((2))) (b) Receive a ballot from any person other than the election
officer having charge of the ballots;
(((3))) (c) Vote or offer to vote any ballot except one that he or she has
received from the election officer having charge of the ballots;
(((4))) (d) Place any mark upon his or her ballot by which it may afterward be identified as the one voted by him or her;
(((5))) (e) Fail to return to the election officers any ballot he or she
received from an election officer.
(2) A violation of ((any provision of)) this section ((shall be)) is a misdemeanor, punishable by a fine not exceeding one hundred dollars, plus costs
of prosecution. [2003 c 53 § 181; 1965 c 9 § 29.51.230. Prior: 1947 c 35 §
1, part; 1889 p 412 § 33, part; Rem. Supp. 1947 § 5298, part. Formerly RCW
29.51.230.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
29A.84.670
29A.84.670 Unlawful acts by voters (as amended by 2003 c 111). It
((shall be)) is unlawful for a voter to:
(1) ((Show his ballot after it is marked to any person in such a way as
to reveal the contents thereof or the name of any candidate for whom he has
marked his vote;
(2))) Receive a ballot from any person other than the election officer
having charge of the ballots;
(((3))) (2) Vote or offer to vote any ballot except one ((that he has))
received from the election officer having charge of the ballots;
(((4) Place any mark upon his ballot by which it may afterward be identified as the one voted by him;
(5))) (3) Fail to return to the election officers any ballot ((he)) received
from an election officer.
A violation of any provision of this section ((shall be)) is a misdemeanor, punishable by a fine not exceeding one hundred dollars, plus costs
of prosecution. [2003 c 111 § 2134; 1965 c 9 § 29.51.230. Prior: 1947 c 35
§ 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947 § 5298, part. Formerly
RCW 29.51.230.]
Reviser’s note: RCW 29.51.230 (recodified as RCW 29A.84.670) was
amended twice during the 2003 legislative session, each without reference to
the other. For rule of construction concerning sections amended more than
once during the same legislative session, see RCW 1.12.025.
Additional notes found at www.leg.wa.gov
29A.84.680 Absentee ballots. (1) A person who willfully violates any provision of chapter 29A.40 RCW regarding the assertion or declaration of qualifications to receive or
cast an absentee ballot or unlawfully casts a vote by absentee
ballot is guilty of a class C felony punishable under RCW
9A.20.021.
(2) Except as provided in this chapter, a person who willfully violates any other provision of chapter 29A.40 RCW is
guilty of a misdemeanor. [2003 c 111 § 2136; 2003 c 53 §
29A.84.680
29A.84.655 Repeaters—Unqualified persons—Officers conniving with. Any precinct election officer who
knowingly permits any voter to cast a second vote at any primary or general or special election, or knowingly permits any
person not a qualified voter to vote at any primary or general
or special election, is guilty of a class C felony punishable
under RCW 9A.20.021. [2003 c 111 § 2132. Prior: 1991 c
81 § 14; 1965 c 9 § 29.85.220; prior: 1911 c 89 § 1, part;
29A.84.655
[Title 29A RCW—page 120]
(2010 Ed.)
Nuclear Waste Site—Election for Disapproval
179; 2001 c 241 § 14; 1994 c 269 § 2; 1991 c 81 § 34; 1987 c
346 § 20; 1983 1st ex.s. c 71 § 9. Formerly RCW 29.36.370,
29.36.160.]
Reviser’s note: This section was amended by 2003 c 53 § 179 and by
2003 c 111 § 2136, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Legislative intent—Effective date—1987 c 346: See notes following
RCW 29A.40.010.
Tampering with registration form, absentee or provisional ballots: RCW
29A.84.050.
able to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021, for any person to remove or
deface the posted copy of the result of votes cast at their precinct or to delay delivery of or change the copy of primary or
special or general election returns to be delivered to the
proper election officer. [2003 c 111 § 2140. Prior: 1991 c 81
§ 16; 1965 c 9 § 29.85.230; prior: 1935 c 108 § 3; RRS §
5339-3. Formerly RCW 29.85.230, 29.85.110, part.]
Additional notes found at www.leg.wa.gov
Chapter 29A.88
Additional notes found at www.leg.wa.gov
CANVASSING AND CERTIFYING
29A.84.711 Documents regarding nomination, election, candidacy—Frauds and falsehoods. Every person
who:
(1) Knowingly and falsely issues a certificate of nomination or election; or
(2) Knowingly provides false information on a certificate which must be filed with an elections officer under chapter 29A.20 RCW, is guilty of a class C felony punishable
under RCW 9A.20.021. [2004 c 271 § 186.]
29A.84.711
29A.84.720 Officers—Violations generally. Every
person charged with the performance of any duty under the
provisions of any law of this state relating to elections,
including primaries, or the provisions of any charter or ordinance of any city or town of this state relating to elections
who willfully neglects or refuses to perform such duty, or
who, in the performance of such duty, or in his or her official
capacity, knowingly or fraudulently violates any of the provisions of law relating to such duty, is guilty of a class C felony
punishable under RCW 9A.20.021 and shall forfeit his or her
office. [2003 c 111 § 2138. Prior: 1991 c 81 § 10; 1965 c 9
§ 29.85.170; prior: (i) 1889 p 412 § 32; RRS § 5297. (ii)
1911 c 89 § 1, part; Code 1881 § 912; 1877 p 205 § 2; RRS §
5392. Formerly RCW 29.85.170.]
29A.84.720
Additional notes found at www.leg.wa.gov
29A.84.730 Divulging ballot count. (1) In any location
in which ballots are counted, no person authorized by law to
be present while votes are being counted may divulge any
results of the count of the ballots at any time prior to the closing of the polls for that primary or special or general election.
(2) A violation of this section is a gross misdemeanor
punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021. [2003 c 111 § 2139.
Prior: 1991 c 81 § 15; 1990 c 59 § 55; 1977 ex.s. c 361 § 85;
1965 c 9 § 29.54.035; prior: 1955 c 148 § 6. Formerly RCW
29.85.225, 29.54.035.]
29A.84.730
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Divulging returns in voting device precincts: RCW 29A.60.120.
29A.88.040
Chapter 29A.88 RCW
NUCLEAR WASTE SITE—
ELECTION FOR DISAPPROVAL
Sections
29A.88.010 Findings.
29A.88.020 High-level repository—Selection of site in state—Special
election for disapproval.
29A.88.030 Costs of election.
29A.88.040 Special election—Notification of auditors—Application of
election laws.
29A.88.050 Ballot title.
29A.88.060 Effect of vote.
29A.88.010 Findings. (1) The legislature and the people find that the federal Nuclear Waste Policy Act provides
that within sixty days of the president’s recommendation of a
site for a high-level nuclear waste repository, a state may disapprove the selection of such site in that state.
(2) The legislature and the people desire, if the governor
and legislature do not issue a notice of disapproval within
twenty-one days of the president’s recommendation, that the
people of this state have the opportunity to vote upon disapproval. [2003 c 111 § 2201. Prior: 1986 ex.s. c 1 § 3. Formerly RCW 29.91.010.]
29A.88.010
29A.88.020 High-level repository—Selection of site
in state—Special election for disapproval. (1) Within
seven days after any recommendation by the president of the
United States of a site in the state of Washington to be a highlevel nuclear waste repository under 42 U.S.C. Sec. 10136,
the governor shall set the date for a special statewide election
to vote on disapproval of the selection of such site. The special election shall be no more than fifty days after the date of
the recommendation of the president of the United States.
(2) If either the governor or the legislature submits a
notice of disapproval to the United States Congress within
twenty-one days of the date of the recommendation by the
president of the United States, then the governor is authorized
to cancel the special election pursuant to subsection (1) of
this section. [2003 c 111 § 2202; 1986 ex.s. c 1 § 4. Formerly
RCW 29.91.020.]
29A.88.020
29A.88.030 Costs of election. The state of Washington
shall assume the costs of any special election called under
RCW 29A.88.020 in the same manner as provided in RCW
29A.04.420 and 29A.04.430. [2003 c 111 § 2203. Prior:
1986 ex.s. c 1 § 5. Formerly RCW 29.91.030.]
29A.88.030
Additional notes found at www.leg.wa.gov
29A.88.040 Special election—Notification of auditors—Application of election laws. The secretary of state
shall promptly notify the county auditors of the date of the
29A.88.040
29A.84.740 Returns and posted copy of results—
Tampering with. It shall be a gross misdemeanor, punish29A.84.740
(2010 Ed.)
[Title 29A RCW—page 121]
29A.88.050
Title 29A RCW: Elections
special election and certify to them the text of the ballot title
for this special election. The general election laws shall
apply to the election required by RCW 29A.88.020 to the
extent that they are not inconsistent with this chapter. Statutory deadlines relating to certification, canvassing, and the
voters’ pamphlet may be modified for the election held pursuant to RCW 29A.88.020 by the secretary of state through
emergency rules adopted under *RCW 29A.04.610. [2003 c
111 § 2204. Prior: 1986 ex.s. c 1 § 6. Formerly RCW
29.91.040.]
*Reviser’s note: RCW 29A.04.610 was amended by 2004 c 267 § 702
and repealed by 2004 c 271 § 193. RCW 29A.04.610 was subsequently
repealed by 2006 c 206 § 9. Later enactment, see RCW 29A.04.611.
29A.88.050 Ballot title. The ballot title for the special
election called under RCW 29A.88.020 shall be "Shall the
Governor be required to notify Congress of Washington’s
disapproval of the President’s recommendation of [name of
site] as a national high-level nuclear waste repository?"
[2003 c 111 § 2205. Prior: 1986 ex.s. c 1 § 7. Formerly
RCW 29.91.050.]
29A.88.050
29A.88.060 Effect of vote. If the governor or the legislature fails to prepare and submit a notice of disapproval to
the United States Congress within fifty-five days of the president’s recommendation and a majority of the voters in the
special election held pursuant to RCW 29A.88.020 favored
such notice of disapproval, then the vote of the people shall
be binding on the governor. The governor shall prepare and
submit the notice of disapproval to the United States Congress pursuant to 42 U.S.C. Sec. 10136. [2003 c 111 § 2206;
1986 ex.s. c 1 § 8. Formerly RCW 29.91.060.]
29A.88.060
[Title 29A RCW—page 122]
(2010 Ed.)
Title 30
BANKS AND TRUST COMPANIES
Title 30
Chapters
30.04
30.08
30.12
30.16
30.20
30.22
30.24
30.32
30.36
30.38
30.42
30.43
30.44
30.46
30.49
30.53
30.56
30.60
30.98
Chapter 30.04
General provisions.
Organization and powers.
Officers, employees, and stockholders.
Checks.
Deposits.
Financial institution individual account
deposit act.
Investment of trust funds.
Dealings with federal loan agencies.
Capital notes or debentures.
Interstate banking.
Alien banks.
Satellite facilities.
Insolvency and liquidation.
Supervisory direction—Conservatorship.
Merger, consolidation, and conversion.
Merging trust companies.
Bank stabilization act.
Community credit needs.
Construction.
Business corporations and cooperative associations: Title 23B RCW.
Charitable trusts: Chapter 11.100 RCW.
Consumer loan act: Chapter 31.04 RCW.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Credit unions: Chapter 31.12 RCW.
Department of financial institutions: Chapter 43.320 RCW.
Depositaries
city: Chapter 35.38 RCW.
county: Chapter 36.48 RCW.
of state funds: Chapter 43.85 RCW.
Indemnification of corporation directors, officers, trustees authorized, insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580, 23B.08.600,
and 23B.17.030.
Investment of county funds not required for immediate expenditures, service
fee: RCW 36.29.020.
Investment of funds of school district—Service fee: RCW 28A.320.320.
Life insurance payable to trustee named as beneficiary in policy or will:
RCW 48.18.450, 48.18.452.
Sections
30.04.010
30.04.020
30.04.025
30.04.030
30.04.045
30.04.050
30.04.060
30.04.070
30.04.075
30.04.111
30.04.112
30.04.120
30.04.125
30.04.127
30.04.129
30.04.130
30.04.140
30.04.180
30.04.210
30.04.212
30.04.214
30.04.215
30.04.217
30.04.220
30.04.225
30.04.230
30.04.232
30.04.238
30.04.240
30.04.260
30.04.280
30.04.285
30.04.295
30.04.300
30.04.330
30.04.375
Master license system exemption: RCW 19.02.800.
30.04.380
Mortgages: Title 61 RCW.
30.04.390
Negotiable instruments: Title 62A RCW.
Powers of appointment: Chapter 11.95 RCW.
Probate—Bank exempted from executors, administrators, and special
administrator’s bond: RCW 11.28.185, 11.32.020.
Public charitable trusts: Chapter 11.110 RCW.
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
30.04.395
30.04.400
30.04.405
30.04.410
30.04.450
Real property and conveyances: Title 64 RCW.
30.04.455
30.04.460
Retail installment sales of goods and services: Chapter 63.14 RCW.
30.04.465
Safe deposit companies: Chapter 22.28 RCW.
30.04.470
Washington principal and income act of 2002: Chapter 11.104A RCW.
(2010 Ed.)
Chapter 30.04 RCW
GENERAL PROVISIONS
Definitions.
Use of words indicating bank or trust company—Penalty.
Financial institutions—Loan charges—Out-of-state national
banks.
Rules—Administration and interpretation of title.
Director—Powers under chapter 19.144 RCW.
Duty to comply—Violations—Penalty.
Examinations directed—Cooperative agreements and actions.
Cost of examination.
Examination reports and information—Confidentiality—Disclosure—Penalty.
Limit on loans and extensions of credit to one person—Exceptions—Definitions—Rules.
"Loans or obligations" and "liabilities" limited for purposes of
RCW 30.04.111.
Loans on own stock prohibited—Shares of other corporations.
Investment in corporations—Authorized businesses.
Formation, incorporation, or investment in corporations or
other entities authorized—Approval—Exception.
Investment in obligations issued or guaranteed by multilateral
development bank.
Defaulted debts, judgments to be charged off—Valuation of
assets.
Pledge of securities or assets prohibited—Exceptions.
Dividends.
Real estate holdings.
Real property and improvements thereon.
Qualifying community investments.
Engaging in other business activities.
Additional powers—Powers and authorities of savings bank—
Restrictions.
Corporations existing under former laws.
Contributions and gifts.
Authority of corporation or association to acquire stock of
bank, trust company, or national banking association.
Additional authority of out-of-state holding company to
acquire stock or assets of bank, trust company, or national
banking association.
Purchase of own capital stock authorized.
Trust business to be kept separate—Authorized deposit of
securities.
Legal services, advertising of—Penalty.
Compliance enjoined—Banking, trust business, branches.
Director’s approval of a branch—Satisfactory financial condition—Affiliated commercial locations.
Agency agreements—Written notice to director.
Foreign branch banks.
Saturday closing authorized.
Investment in stock, participation certificates, and other evidences of participation.
Investment in paid-in capital stock and surplus of banks or corporations engaged in international or foreign banking.
Acquisition of stock of banks organized under laws of foreign
country, etc.
Continuing authority for investments.
Bank acquisition or control—Definitions.
Bank acquisition or control—Notice or application—Registration statement—Violations—Penalties.
Bank acquisition or control—Disapproval by director—
Change of officers.
Notice of charges—Reasons for issuance—Contents—Hearing—Cease and desist order.
Temporary cease and desist order—Reasons for issuance.
Temporary cease and desist order—Injunction to set aside,
limit, or suspend temporary order.
Violations or unsafe or unsound practices—Injunction to
enforce temporary order.
Order to refrain from violations or practices—Administrative
hearing or judicial review.
[Title 30 RCW—page 1]
30.04.010
30.04.475
30.04.500
30.04.505
30.04.510
30.04.515
30.04.550
30.04.555
30.04.560
30.04.565
30.04.570
30.04.575
30.04.600
30.04.605
30.04.610
30.04.650
30.04.901
Title 30 RCW: Banks and Trust Companies
Order to refrain from violations or practices—Jurisdiction of
courts in enforcement or issuance of orders, injunctions, or
judicial review.
Fairness in lending act—Short title.
Fairness in lending act—Definitions.
Fairness in lending act—Unlawful practices.
Fairness in lending act—Sound underwriting practices not precluded.
Reorganization as subsidiary of bank holding company—
Authority.
Reorganization as subsidiary of bank holding company—Procedure.
Reorganization as subsidiary of bank holding company—Dissenter’s rights—Conditions.
Reorganization as subsidiary of bank holding company—Valuation of shares of dissenting shareholders.
Reorganization as subsidiary of bank holding company—
Approval of director—Certificate of reorganization—
Exchange of shares.
Public hearing prior to approval of reorganization—Request.
Shareholders—Actions authorized without meetings—Written consent.
Directors, committees—Actions authorized without meetings—Written consent.
Directors, committees—Meetings authorized by conference
telephone or similar communications equipment.
Automated teller machines and night depositories security.
Severability—2003 c 24.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Depositaries of state funds: Chapter 43.85 RCW.
Employee benefit plans—Payment as discharge: RCW 49.64.030.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Interest and usury in general: Chapter 19.52 RCW.
Issuance of money, liability of stockholders: State Constitution Art. 12 § 11.
30.04.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this title.
(1) "Adequately capitalized," "critically undercapitalized," "significantly undercapitalized," "undercapitalized,"
and "well-capitalized," respectively, have meanings consistent with the definitions these same terms have under the
prompt corrective action provisions of the federal deposit
insurance act, 12 U.S.C. Sec. 1831o, and applicable enabling
rules of the federal deposit insurance corporation.
(2) "Bank," unless a different meaning appears from the
context, means any corporation organized under the laws of
this state engaged in banking, other than a trust company,
savings association, or a mutual savings bank.
(3) "Bank holding company" means a bank holding company under authority of the federal bank holding company
act.
(4) "Banking" includes the soliciting, receiving or
accepting of money or its equivalent on deposit as a regular
business.
(5) "Branch" means any established office of deposit,
domestic or otherwise, maintained by any bank or trust company other than its head office. "Branch" does not mean a
machine permitting customers to leave funds in storage or
communicate with bank employees who are not located at the
site of the machine, unless employees of the bank at the site
of the machine take deposits on a regular basis. An office or
facility of an entity other than the bank shall not be deemed to
be established by the bank, regardless of any affiliation,
accommodation arrangement, or other relationship between
the other entity and the bank.
(6) "Department" means the Washington state department of financial institutions.
30.04.010
[Title 30 RCW—page 2]
(7) "Director" means the director of the department.
(8) "Financial holding company" means a financial services holding company under authority of the federal bank
holding company act.
(9) "Foreign bank" and "foreign banker" includes:
(a) Every corporation not organized under the laws of the
territory or state of Washington doing a banking business,
except a national bank;
(b) Every unincorporated company, partnership or association of two or more individuals organized under the laws
of another state or country, doing a banking business;
(c) Every other unincorporated company, partnership or
association of two or more individuals, doing a banking business, if the members thereof owning a majority interest
therein or entitled to more than one-half of the net assets
thereof are not residents of this state; or
(d) Every nonresident of this state doing a banking business in his or her own name and right only.
(10) "Holding company" means a bank holding company
or financial holding company of a bank organized under
chapter 30.08 RCW or converted to a state bank under chapter 30.49 RCW, or a holding company of a trust company
authorized to do business under this title.
(11) "Person" includes a firm, association, partnership,
or corporation, or the plural thereof, whether resident, nonresident, citizen or not.
(12) The term "trust business" shall include the business
of doing any or all of the things specified in RCW 30.08.150
(2), (3), (4), (5), (6), (7), (8), (9), (10) and (11).
(13) "Trust company," unless a different meaning
appears from the context, means any corporation, other than
a bank, savings bank or savings association, organized and
chartered as a trust company under this title for the purpose of
engaging in trust business. [2010 c 88 § 3; 1997 c 101 § 3;
1996 c 2 § 2; 1994 c 92 § 7; 1959 c 106 § 1; 1955 c 33 §
30.04.010. Prior: 1933 c 42 § 2; 1917 c 80 § 14; RRS §
3221.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
30.04.020 Use of words indicating bank or trust company—Penalty. (1) The name of every bank shall contain
the word "bank" and the name of every trust company shall
contain the word "trust," or the word "bank." Except as provided in RCW 33.08.030 or as otherwise authorized by this
section or approved by the director, only a national bank, federal savings bank, a bank or trust company authorized by this
title, savings bank under Title 32 RCW, bank holding company or financial holding company, a holding company
authorized by this title or Title 32 RCW, or a foreign or alien
corporation or other legal person authorized by this title to do
so, shall:
(a) Use as a part of his [or her] or its name or other business designation, as a prominent syllable within a word comprising all or a portion of its name or other business designation, or in any manner as if connected with his [or her] or its
business or place of business any of the following words or
the plural thereof, to wit: "bank," "banking," "banker," "bancorporation," "bancorp," or "trust," or any foreign language
30.04.020
(2010 Ed.)
General Provisions
designations thereof, including, by way of example, "banco"
or "banque."
(b) Use any sign, logo, or marketing message, in any
media, or use any letterhead, billhead, note, receipt, certificate, blank, form, or any written, printed, electronic or internet-based instrument or material representation whatsoever,
directly or indirectly indicating that the business of such person is that of a bank or trust company.
(2) A foreign corporation or other foreign domiciled
legal person, whose name contains the words "bank,"
"banker," "banking," "bancorporation," "bancorp," or "trust,"
or the foreign language equivalent thereof, or whose articles
of incorporation empower it to engage in banking or to
engage in a trust business, may not engage in banking or in a
trust business in this state unless the corporation or other
legal person (a) is expressly authorized to do so under this
title, under federal law, or by the director, and (b) complies
with all applicable requirements of Washington state law
regarding foreign corporations and other foreign legal persons. If an activity would not constitute "transacting business" within the meaning of RCW 23B.15.010(1) or chapter
23B.18 RCW, then the activity shall not constitute banking or
engaging in a trust business. Nothing in this subsection shall
prevent operations by an alien bank in compliance with chapter 30.42 RCW.
(3) This section shall not prevent a lender approved by
the United States secretary of housing and urban development for participation in any mortgage insurance program
under the National Housing Act from using the words "mortgage banker" or "mortgage banking" in the conduct of its
business, but only if both words are used together in either of
the forms which appear in quotations in this sentence.
(4) Any individual or legal person, or director, officer[,]
or manager of such legal person, who knowingly violates any
provision of this section shall be guilty of a gross misdemeanor. [2010 c 88 § 4; 1994 c 256 § 32; 1986 c 284 § 15;
1983 c 42 § 2; 1981 c 88 § 1; 1955 c 33 § 30.04.020. Prior:
1925 ex.s. c 114 § 1; 1917 c 80 § 18; RRS § 3225.]
Effective date—2010 c 88: See RCW 32.50.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.04.025
30.04.025 Financial institutions—Loan charges—
Out-of-state national banks. Notwithstanding any restrictions, limitations, requirements, or other provisions of law, a
financial institution, as defined in RCW 30.22.040(12), may
charge, take, receive, or reserve interest, discount or other
points, finance charges, or other similar charges on any loan
or other extension of credit, at a rate or amount that is equal
to, or less than, the maximum rate or amount of interest, discount or other points, finance charges, or other similar
charges that national banks located in any other state or states
may charge, take, receive, or reserve, under 12 U.S.C. Sec.
85, on loans or other extensions of credit to residents of this
state. However, this section does not authorize any subsidiary of a bank, of a trust company, of a mutual savings bank,
of a savings and loan association, or of a credit union to
charge, take, receive, or reserve interest, discount or other
points, finance charges, or other similar charges on any loan
or other extension of credit, unless the subsidiary is itself a
(2010 Ed.)
30.04.050
bank, trust company, mutual savings bank, savings and loan
association, or credit union. [2003 c 24 § 3.]
30.04.030 Rules—Administration and interpretation
of title. (1) The director shall have power to adopt uniform
rules in accordance with the administrative procedure act,
chapter 34.05 RCW, to govern examinations and reports of
banks, trust companies, and holding companies and the form
in which they shall report their assets, liabilities, and
reserves, charge off bad debts and otherwise keep their
records and accounts, and otherwise to govern the administration of this title. The director shall mail a copy of the rules
to each bank and trust company at its principal place of business.
(2) The director shall have the power, and broad administrative discretion, to administer and interpret the provisions
of this title to facilitate the delivery of financial services to
the citizens of the state of Washington by the banks, trust
companies[,] and holding companies subject to this title.
[2010 c 88 § 5; 1994 c 92 § 8; 1986 c 279 § 1; 1955 c 33 §
30.04.030. Prior: 1917 c 80 § 58, part; RRS § 3265, part.]
30.04.030
Effective date—2010 c 88: See RCW 32.50.900.
30.04.045 Director—Powers under chapter 19.144
RCW. The director or the director’s designee may take such
action as provided for in this title to enforce, investigate, or
examine persons covered by chapter 19.144 RCW. [2008 c
108 § 15.]
30.04.045
Findings—2008 c 108: See RCW 19.144.005.
30.04.050 Duty to comply—Violations—Penalty. (1)
Each bank and trust company, and their directors, officers,
employees, and agents, shall comply with:
(a) This title and chapter 11.100 RCW as applicable to
each of them;
(b) The rules adopted by the department with respect to
banks and trust companies;
(c) Any lawful direction or order of the director;
(d) Any lawful supervisory agreement with the director;
and
(e) The applicable statutes, rules[,] and regulations
administered by the board of governors of the federal reserve
system, the federal deposit insurance corporation, or their
successor agencies, with respect to banks or trust companies.
(2) Each holding company, and its directors, officers,
employees, and agents, shall comply with:
(a) The provisions of this title that are applicable to each
of them;
(b) The rules adopted by the department with respect to
holding companies;
(c) Any lawful direction or order of the director;
(d) Any lawful supervisory agreement with the director;
and
(e) The applicable statutes, rules, and regulations administered by the board of governors of the federal reserve system, or its successor agency, with respect to holding companies, the violation of which would result in an unsafe and
unsound practice or material violation of law with respect to
the subsidiary bank or trust company of the holding company.
30.04.050
[Title 30 RCW—page 3]
30.04.060
Title 30 RCW: Banks and Trust Companies
(3) The violation of any supervisory agreement, direction, order, statute, rule[,] or regulation referenced in this section, in addition to any other penalty provided in this title,
shall, at the option of the director, subject the offender to a
penalty of up to ten thousand dollars for each offense, payable upon issuance of any order or directive of the director,
which may be recovered by the attorney general in a civil
action in the name of the department. [2010 c 88 § 6; 1955 c
33 § 30.04.050. Prior: 1917 c 80 § 58, part; RRS § 3265,
part.]
Effective date—2010 c 88: See RCW 32.50.900.
30.04.060
30.04.060 Examinations directed—Cooperative
agreements and actions. (1) The director, assistant director,
program manager, or an examiner shall visit each bank and
each trust company at least once every eighteen months, and
oftener if necessary, or as otherwise required by the rules and
interpretations of applicable federal banking examination
authorities, for the purpose of making a full investigation into
the condition of such corporation, and for that purpose they
are hereby empowered to administer oaths and to examine
under oath any director, officer, employee, or agent of such
corporation.
(2) The director may make such other full or partial
examinations as deemed necessary and may examine any
bank holding company that owns any portion of a bank or
trust company chartered by the state of Washington and
obtain reports of condition for any bank holding company
that owns any portion of a bank or trust company chartered
by the state of Washington.
(3) The director may visit and examine into the affairs of
any nonpublicly held corporation in which the bank, trust
company, or bank holding company has an investment or any
publicly held corporation the capital stock of which is controlled by the bank, trust company, or bank holding company;
may appraise and revalue such corporations’ investments and
securities; and shall have full access to all the books, records,
papers, securities, correspondence, bank accounts, and other
papers of such corporations for such purposes.
(4) The director may, in his or her discretion, accept in
lieu of the examinations required in this section the examinations conducted at the direction of the federal reserve board
or the federal deposit insurance corporation.
(5) Any willful false swearing in any examination is perjury in the second degree.
(6) The director may enter into cooperative and reciprocal agreements with the bank regulatory authorities of the
United States, any state, the District of Columbia, or any trust
territory of the United States for the periodic examination of
domestic bank holding companies owning banking institutions in other states, the District of Columbia, or trust territories, and subsidiaries of such domestic bank holding companies, or of out-of-state bank holding companies owning a
bank or trust company the principal operations of which are
conducted in this state. The director may accept reports of
examination and other records from such authorities in lieu of
conducting his or her own examinations. The director may
enter into joint actions with other regulatory bodies having
concurrent jurisdiction or may enter into such actions inde[Title 30 RCW—page 4]
pendently to carry out his or her responsibilities under this
title and assure compliance with the laws of this state.
(7) Copies from the records, books, and accounts of a
bank, trust company, or holding company shall be competent
evidence in all cases, equal with originals thereof, if there is
annexed to such copies an affidavit taken before a notary
public or clerk of a court under seal, stating that the affiant is
the officer of the bank, trust company, or holding company
having charge of the original records, and that the copy is true
and correct and is full so far as the same relates to the subject
matter therein mentioned. [2010 c 88 § 7; 1994 c 92 § 9;
1989 c 180 § 1; 1985 c 305 § 3; 1983 c 157 § 3; 1982 c 196 §
6; 1955 c 33 § 30.04.060. Prior: 1937 c 48 § 1; 1919 c 209 §
5; 1917 c 80 § 7; RRS § 3214.]
Effective date—2010 c 88: See RCW 32.50.900.
Director of financial institutions: Chapter 43.320 RCW.
Additional notes found at www.leg.wa.gov
30.04.070 Cost of examination. The director shall collect from each bank, savings bank, trust company, savings
association, holding company under Title 30 RCW, holding
company under Title 32 RCW, business development company under chapter 31.24 RCW, agricultural lender under
chapter 31.35 RCW, and small business lender under chapter
31.40 RCW, for each examination of its condition the estimated actual cost of such examination. [2010 c 88 § 8; 1994
c 92 § 10; 1955 c 33 § 30.04.070. Prior: 1929 c 73 § 1; 1923
c 172 § 16; 1921 c 73 § 1; 1917 c 80 § 8; RRS § 3215.]
30.04.070
Effective date—2010 c 88: See RCW 32.50.900.
30.04.075 Examination reports and information—
Confidentiality—Disclosure—Penalty. (1) All examination reports and all information obtained by the director and
the director’s staff in conducting examinations of banks, trust
companies, or alien banks, and information obtained by the
director and the director’s staff from other state or federal
bank regulatory authorities with whom the director has
entered into agreements pursuant to *RCW 30.04.060(2), and
information obtained by the director and the director’s staff
relating to examination and supervision of bank holding companies owning a bank in this state or subsidiaries of such
holding companies, is confidential and privileged information and shall not be made public or otherwise disclosed to
any person, firm, corporation, agency, association, governmental body, or other entity.
(2) Subsection (1) of this section notwithstanding, the
director may furnish all or any part of examination reports,
work papers, supervisory agreements or directives, orders, or
other information obtained in the conduct of an examination
or investigation prepared by the director’s office to:
(a) Federal agencies empowered to examine state banks,
trust companies, or alien banks;
(b) Bank regulatory authorities with whom the director
has entered into agreements pursuant to *RCW 30.04.060(2),
and other bank regulatory authorities who are the primary
regulatory authority or insurer of accounts for a bank holding
company owning a bank, trust company, or national banking
association the principal operations of which are conducted
in this state or a subsidiary of such holding company; provided that the director shall first find that the reports of exam30.04.075
(2010 Ed.)
General Provisions
ination to be furnished shall receive protection from disclosure comparable to that accorded by this section;
(c) Officials empowered to investigate criminal charges
subject to legal process, valid search warrant, or subpoena. If
the director furnishes any examination report to officials
empowered to investigate criminal charges, the director may
only furnish that part of the report which is necessary and
pertinent to the investigation, and the director may do this
only after notifying the affected bank, trust company, or alien
bank and any customer of the bank, trust company, or alien
bank who is named in that part of the examination or report
ordered to be furnished unless the officials requesting the
report first obtain a waiver of the notice requirement from a
court of competent jurisdiction for good cause;
(d) The examined bank, trust company, or alien bank, or
holding company thereof;
(e) The attorney general in his or her role as legal advisor
to the director;
(f) Liquidating agents of a distressed bank, trust company, or alien bank;
(g) A person or organization officially connected with
the bank as officer, director, attorney, auditor, or independent
attorney or independent auditor;
(h) The Washington public deposit protection commission as provided by RCW 39.58.105;
(i) Organizations insuring or guaranteeing the shares of,
or deposits in, the bank or trust company; or
(j) Other persons as the director may determine necessary to protect the public interest and confidence.
(3) All examination reports, work papers, supervisory
agreements or directives, orders, and other information
obtained in the conduct of an examination or investigation
furnished under subsections (2) and (4) of this section shall
remain the property of the department of financial institutions, and be confidential and no person, agency, or authority
to whom reports are furnished or any officer, director, or
employee thereof shall disclose or make public any of the
reports or any information contained therein except in published statistical material that does not disclose the affairs of
any individual or corporation: PROVIDED, That nothing
herein shall prevent the use in a criminal prosecution of
reports furnished under subsection (2) of this section.
(4) The examination report made by the department of
financial institutions is designed for use in the supervision of
the bank, trust company, or alien bank. The report shall
remain the property of the director and will be furnished to
the bank, trust company, or alien bank solely for its confidential use. Under no circumstances shall the bank, trust company, or alien bank or any of its directors, officers, or
employees disclose or make public in any manner the report
or any portion thereof, to any person or organization not connected with the bank as officer, director, employee, attorney,
auditor, or candidate for executive office with the bank. The
bank may also, after execution of an agreement not to disclose information in the report, disclose the report or relevant
portions thereof to a party proposing to acquire or merge with
the bank.
(5) Examination reports and information obtained by the
director and the director’s staff in conducting examinations,
or obtained from other state and federal bank regulatory
authorities with whom the director has entered into agree(2010 Ed.)
30.04.111
ments pursuant to *RCW 30.04.060(2), or relating to examination and supervision of bank holding companies owning a
bank, trust company, or national banking association the
principal operations of which are conducted in this state or a
subsidiary of such holding company, or information obtained
as a result of applications or investigations pursuant to RCW
30.04.230, shall not be subject to public disclosure under
chapter 42.56 RCW.
(6) In any civil action in which the reports are sought to
be discovered or used as evidence, any party may, upon
notice to the director, petition the court for an in camera
review of the report. The court may permit discovery and
introduction of only those portions of the report which are
relevant and otherwise unobtainable by the requesting party.
This subsection shall not apply to an action brought or
defended by the director.
(7) This section shall not apply to investigation reports
prepared by the director and the director’s staff concerning an
application for a new bank or trust company or an application
for a branch of a bank, trust company, or alien bank: PROVIDED, That the director may adopt rules making confidential portions of the reports if in the director’s opinion the public disclosure of the portions of the report would impair the
ability to obtain the information which the director considers
necessary to fully evaluate the application.
(8) Notwithstanding any other provision of this section
or other applicable law, a bank, trust company, alien bank, or
holding company is not in violation of this section on account
of its compliance with required reporting to the federal securities and exchange commission, including the disclosure of
any order of the director.
(9) Every person who violates any provision of this section shall be guilty of a gross misdemeanor. [2010 c 88 § 9;
2005 c 274 § 251; 1994 c 92 § 11; 1989 c 180 § 2; 1986 c 279
§ 2; 1977 ex.s. c 245 § 1.]
*Reviser’s note: RCW 30.04.060 was amended by 2010 c 88 § 7,
changing subsection (2) to subsection (6).
Effective date—2010 c 88: See RCW 32.50.900.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Examination reports and information from financial institutions exempt:
RCW 42.56.400.
Additional notes found at www.leg.wa.gov
30.04.111 Limit on loans and extensions of credit to
one person—Exceptions—Definitions—Rules. (1) The
total loans and extensions of credit by a bank or trust company to a person outstanding at any one time shall not exceed
twenty percent of the capital and surplus of such bank or trust
company. The following loans and extensions of credit shall
not be subject to this limitation:
(a) Loans or extensions of credit arising from the discount of commercial or business paper evidencing an obligation to the person negotiating it with recourse;
(b) Loans or extensions of credit secured by bonds,
notes, certificates of indebtedness, or treasury bills of the
United States or by other such obligations wholly guaranteed
as to principal and interest by the United States;
(c) Loans or extensions of credit to or secured by unconditional takeout commitments or guarantees of any department, agency, bureau, board, commission, or establishment
30.04.111
[Title 30 RCW—page 5]
30.04.112
Title 30 RCW: Banks and Trust Companies
of the United States or any corporation wholly owned
directly or indirectly by the United States;
(d) Loans or extensions of credit fully secured by a segregated deposit account or accounts in the lending bank;
(e) Loans or extensions of credit secured by collateral
having a readily ascertained market value of at least one hundred fifteen percent of the outstanding amount of the loan or
extension of credit;
(f) Loans or extensions of credit secured by bills of lading, warehouse receipts, or similar documents transferring or
securing title to readily marketable staples shall be subject to
a limitation of thirty-five percent of capital and surplus in
addition to the general limitations, if the market value of the
staples securing each additional loan or extension of credit at
all times equals or exceeds one hundred fifteen percent of the
outstanding amount of the loan or extension of credit. The
staples shall be fully covered by insurance whenever it is customary to insure the staples;
(g) The purchase of bankers’ acceptances of the kind
described in section 13 of the federal reserve act and issued
by other banks shall not be subject to any limitation based on
capital and surplus;
(h) The unpaid purchase price of a sale of bank property,
if secured by such property.
(2) For the purposes of this section, "capital" shall
include the amount of common stock outstanding and unimpaired, the amount of preferred stock outstanding and unimpaired, and capital notes or debentures issued pursuant to
chapter 30.36 RCW.
(3) For the purposes of this section, "surplus" shall
include capital surplus, reflecting the amounts paid in excess
of the par or stated value of capital stock, or amounts contributed to the bank other than for capital stock, and undivided
profits.
(4) For the purposes of this section, "person" includes an
individual, sole proprietor, partnership, joint venture, association, trust, estate, business trust, corporation, sovereign government or agency, instrumentality, or political subdivision
thereof, or any similar entity or organization.
(5) The director may prescribe rules to administer and
carry out the purposes of this section, including without limitation rules to define or further define terms used in this section and to establish limits or requirements other than those
specified in this section for particular classes or categories of
loans or extensions of credit, and to determine when a loan
putatively made to a person shall, for purposes of this section,
be attributed to another person. In adopting the rules, the
director shall be guided by rulings of the comptroller of the
currency, or successor federal banking regulator, that govern
lending limits applicable to national banks. In lieu of the
adoption by the department of a rule applicable to specific
types of transactions, a bank, unless otherwise approved by
the director, shall conform to all applicable rulings of the
comptroller of the currency, or successor federal banking regulator, which (a) relate to national banks, (b) govern such
specific types of transactions, and (c) are consistent with this
section and the department’s adopted rules. [2010 c 88 § 10;
1995 c 344 § 1; 1994 c 92 § 12; 1986 c 279 § 3.]
Effective date—2010 c 88: See RCW 32.50.900.
[Title 30 RCW—page 6]
30.04.112 "Loans or obligations" and "liabilities"
limited for purposes of RCW 30.04.111. Sales of federal
reserve funds with a maturity of one business day or under a
continuing contract are not "loans or obligations" or "liabilities" for the purposes of the loan limits established by RCW
30.04.111. However, sales of federal reserve funds with a
maturity of more than one business day are subject to those
limits.
For the purposes of this section, "sale of federal reserve
funds" means any transaction among depository institutions
involving the disposal of immediately available funds resulting from credits to deposit balances at federal reserve banks
or from credits to new or existing deposit balances due from
a correspondent depository institution. [1989 c 220 § 1; 1983
c 157 § 2.]
30.04.112
Additional notes found at www.leg.wa.gov
30.04.120 Loans on own stock prohibited—Shares of
other corporations. The shares of stock of every bank and
trust company shall be deemed personal property. No such
corporation shall hereafter make any loan or discount on the
security of its own capital stock, nor be the purchaser or
holder of any such shares, unless such security or purchase
shall be necessary to prevent loss upon a debt previously contracted in good faith; in which case the stocks so purchased or
acquired shall be sold at public or private sale, or otherwise
disposed of, within six months from the time of its purchase
or acquisition. Except as hereinafter provided or otherwise
permitted by law, nothing herein contained shall authorize
the purchase by any such bank or trust company for its own
account of any shares of stock of any corporation, except a
federal reserve bank of which such corporation shall become
a member, and then only to the extent required by such federal reserve bank: PROVIDED, That any bank or trust company may purchase, acquire and hold shares of stock in any
other corporation which shares have been previously pledged
as security to any loan or discount made in good faith and
such purchase shall be necessary to prevent loss upon a debt
previously contracted in good faith and stock so purchased or
acquired shall be sold at public or private sale or otherwise
disposed of within two years from the time of its purchase or
acquisition. Any time limit imposed in this section may be
extended by the director upon cause shown. Banks and trust
companies are authorized to make loans on the security of the
capital stock of a bank or trust company other than the lending corporation. [1994 c 92 § 13; 1986 c 279 § 4; 1973 1st
ex.s. c 104 § 1; 1955 c 33 § 30.04.120. Prior: 1943 c 187 § 1;
1933 c 42 § 9; 1929 c 73 § 5; 1917 c 80 § 36; Rem. Supp.
1943 § 3243.]
30.04.120
30.04.125 Investment in corporations—Authorized
businesses. Unless otherwise prohibited by law, any state
bank or trust company may invest in the capital stock of corporations organized to conduct the following businesses:
(1) A safe deposit business: PROVIDED, That the
amount of investment does not exceed fifteen percent of its
capital stock and surplus, without the approval of the director;
(2) A corporation holding the premises of the bank or its
branches: PROVIDED, That without the approval of the
director, the investment of such stock shall not exceed,
30.04.125
(2010 Ed.)
General Provisions
together with all loans made to the corporation by the bank, a
sum equal to the amount permitted to be invested in the premises by RCW 30.04.210;
(3) Stock in a small business investment company
licensed and regulated by the United States as authorized by
the small business act, Public Law 85-536, 72 Statutes at
Large 384, in an amount not to exceed five percent of its capital and surplus without the approval of the director;
(4) Capital stock of a banking service corporation or corporations. The total amount that a bank may invest in the
shares of such corporation may not exceed ten percent of its
capital and surplus without the approval of the director. A
bank service corporation may not engage in any activity other
than those permitted by the bank service corporation act, 12
U.S.C. Sec. 1861, et seq., as subsequently amended and in
effect on December 31, 1993. The performance of any service, and any records maintained by any such corporation for
a bank, shall be subject to regulation and examination by the
director and appropriate federal agencies to the same extent
as if the services or records were being performed or maintained by the bank on its own premises;
(5) Capital stock of a federal reserve bank to the extent
required by such federal reserve bank;
(6) A corporation engaging in business activities that
have been determined by the board of governors of the federal reserve system or by the United States congress to be
closely related to the business of banking, as of December 31,
1993;
(7) A governmentally sponsored corporation engaged in
secondary marketing of loans and the stock of which must be
owned in order to participate in its marketing activities;
(8) A corporation in which all of the voting stock is
owned by the bank and that engages exclusively in nondeposit-taking activities that are authorized to be engaged in by
the bank or trust company;
(9) A bank or trust company may purchase for its own
account shares of stock of a bank or a holding company that
owns or controls a bank if the stock of the bank or company
is owned exclusively, except to the extent directly qualifying
shares are required by law, by depository institutions and the
bank or company and all subsidiaries thereof are engaged
exclusively in providing services for other depository institutions and their officers, directors, and employees. In no event
may the total amount of such stock held by a bank or trust
company in any bank or bank holding company exceed at any
time ten percent of its capital stock and paid-in and unimpaired surplus, and in no event may the purchase of such
stock result in a bank or trust company acquiring more than
twenty-five percent of any class of voting securities of such
bank or company. Such a bank or bank holding company
shall be called a "banker’s bank." [1994 c 256 § 33; 1994 c
92 § 14; 1986 c 279 § 5.]
Reviser’s note: This section was amended by 1994 c 92 § 14 and by
1994 c 256 § 33, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.04.127 Formation, incorporation, or investment
in corporations or other entities authorized—Approval—
Exception. (1) A bank or trust company, alone or in con30.04.127
(2010 Ed.)
30.04.140
junction with other entities, may form, incorporate, or invest
in corporations or other entities, whether or not such other
corporation or entity is related to the bank or trust company’s
business. The aggregate amount of funds invested, or used in
the formation of corporations or other entities under this section shall not exceed ten percent of the assets or fifty percent
of the net worth, whichever is less, of the bank or trust company. For purposes of this subsection, "net worth" means the
aggregate of capital, surplus, undivided profits, and all capital
notes and debentures which are subordinate to the interest of
depositors.
(2) A bank or trust company may engage in an activity
permitted under this section only with the prior authorization
of the director and subject to such requirements, restrictions,
or other conditions as the director may adopt by rule, order,
directive, standard, policy, memorandum[,] or other written
communication with regard to the activity. In approving or
denying a proposed activity, the director shall consider the
financial and management strength of the institution, the convenience and needs of the public, and whether the proposed
activity should be conducted through a subsidiary or affiliate
of the bank. The director may not authorize under this section and no bank or trust company may act as an insurance or
travel agent unless otherwise authorized by state statute.
[2010 c 88 § 11; 1994 c 92 § 15; 1987 c 498 § 1.]
Effective date—2010 c 88: See RCW 32.50.900.
30.04.129 Investment in obligations issued or guaranteed by multilateral development bank. Any bank or
trust company may invest in obligations issued or guaranteed
by any multilateral development bank in which the United
States government formally participates. Such investment in
any one multilateral development bank shall not exceed five
percent of the bank’s or trust company’s paid-in capital and
surplus. [1985 c 301 § 2.]
30.04.129
30.04.130 Defaulted debts, judgments to be charged
off—Valuation of assets. Based on examinations directed
pursuant to RCW 30.04.060 or other appropriate information,
all assets or portion thereof that the director may have
required a bank or trust company to charge off shall be
charged off. No bank or trust company shall enter or at any
time carry on its books any of its assets or liabilities at a valuation contrary to generally accepted accounting principles.
[1994 c 256 § 34; 1994 c 92 § 16; 1986 c 279 § 6; 1955 c 33
§ 30.04.130. Prior: 1937 c 61 § 1; 1919 c 209 § 15; 1917 c 80
§ 47; RRS § 3254.]
30.04.130
Reviser’s note: This section was amended by 1994 c 92 § 16 and by
1994 c 256 § 34, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.04.140 Pledge of securities or assets prohibited—
Exceptions. No bank or trust company shall pledge or
hypothecate any of its securities or assets to any depositor,
except that it may qualify as depositary for United States
deposits, or other public funds, or funds held in trust and
deposited by any public officer by virtue of his office, or as a
depository for the money of estates under the statutes of the
United States pertaining to bankruptcy or funds deposited by
30.04.140
[Title 30 RCW—page 7]
30.04.180
Title 30 RCW: Banks and Trust Companies
a trustee or receiver in bankruptcy appointed by any court of
the United States or any referee thereof, or funds held by the
United States or the state of Washington, or any officer
thereof in trust, or for funds of corporations owned or controlled by the United States, and may give such security for
such deposits as are required by law or by the officer making
the same; and it may give security to its trust department for
deposits with itself which represent trust funds invested in
savings accounts or which represent fiduciary funds awaiting
investment or distribution. [1986 c 279 § 7; 1983 c 157 § 6;
1967 c 133 § 2; 1955 c 33 § 30.04.140. Prior: 1933 c 42 § 24,
part; 1917 c 80 § 54, part; RRS § 3261, part.]
Additional notes found at www.leg.wa.gov
30.04.180 Dividends. No bank or trust company shall
declare or pay any dividend to an amount greater than its
retained earnings, without approval from the director. The
director shall in his or her discretion have the power to
require any bank or trust company to suspend the payment of
any and all dividends until all requirements that may have
been made by the director shall have been complied with; and
upon such notice to suspend dividends no bank or trust company shall thereafter declare or pay any dividends until such
notice has been rescinded in writing. A dividend is payable in
cash, property, or capital stock, but the restrictions on the
payment of a dividend (other than restrictions imposed by the
director pursuant to his or her authority to require the suspension of the payment of any or all dividends) do not apply to a
dividend payable by the bank or trust company solely in its
own capital stock. For purposes of this section, "retained
earnings" shall be determined by generally accepted accounting principles. [1994 c 256 § 35; 1994 c 92 § 17; 1986 c 279
§ 8; 1981 c 89 § 1; 1969 c 136 § 2; 1955 c 33 § 30.04.180.
Prior: 1933 c 42 § 7; 1931 c 11 § 1; 1917 c 80 § 33; RRS §
3240.]
30.04.180
Reviser’s note: This section was amended by 1994 c 92 § 17 and by
1994 c 256 § 35, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
30.04.210 Real estate holdings. A bank or trust company may purchase, hold, and convey real estate for the following purposes:
(1) Such as shall be necessary for the convenient transaction of its business, including with its banking offices other
space in the same building to rent as a source of income:
PROVIDED, That any bank or trust company shall not invest
for such purposes more than the greater of: (a) Fifty percent
of its capital, surplus, and undivided profits; or (b) one hundred twenty-five percent of its capital stock without the
approval of the director.
(2) Such as shall be purchased or conveyed to it in satisfaction, or on account of, debts previously contracted in the
course of its business.
(3) Such as it shall purchase at sale under judgments,
decrees, liens, or mortgage foreclosures, from debts owed to
it.
(4) Such as a trust company receives in trust or acquires
pursuant to the terms or authority of any trust.
30.04.210
[Title 30 RCW—page 8]
(5) Such as it may take title to or for the purpose of
investing in real estate conditional sales contracts.
(6) Such as shall be purchased, held, or conveyed in
accordance with RCW 30.04.212 granting banks the power to
invest directly or indirectly in unimproved or improved real
estate. [1994 c 256 § 36; 1994 c 92 § 18; 1986 c 279 § 9;
1985 c 329 § 4; 1979 c 142 § 1; 1973 1st ex.s. c 104 § 2; 1955
c 33 § 30.04.210. Prior: 1947 c 149 § 1; 1917 c 80 § 37; Rem.
Supp. 1947 § 3244.]
Reviser’s note: This section was amended by 1994 c 92 § 18 and by
1994 c 256 § 36, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Legislative intent—1985 c 329: See note following RCW 30.60.010.
Adoption of rules: RCW 30.60.030.
Additional notes found at www.leg.wa.gov
30.04.212 Real property and improvements thereon.
(1) In addition to the powers granted under RCW 30.04.210
and subject to the limitations and restrictions contained in
this section and in RCW 30.60.010 and 30.60.020, a bank:
(a) May acquire any interest in unimproved or improved
real property;
(b) May construct, alter, and manage improvements of
any description on real estate in which it holds a substantial
equity interest.
(2) The powers granted under subsection (1) of this section do not include, and a bank may not:
(a) Manage any real property in which the bank does not
own a substantial equity interest;
(b) Engage in activities of selling, leasing, or otherwise
dealing in real property as an agent or broker; or
(c) Acquire any equity interest in any one to four-family
dwelling that is used as a principal residence by the owner of
the dwelling; however, this shall not prohibit a bank from
making loans secured by such dwelling where all or part of
the bank’s anticipated compensation results from the appreciation and sale of such dwelling.
(3) The aggregate amount of funds invested under this
section shall not exceed two percent of a bank’s capital, surplus, and undivided profits. Such percentage amount shall be
increased based upon the most recent community reinvestment rating assigned to a bank by the director in accordance
with RCW 30.60.010, as follows:
(a) Excellent performance: Increase to 10%
(b) Good performance: Increase to 8%
(c) Satisfactory performance:Increase to 6%
(d) Inadequate performance:Increase to 3%
(e) Poor performance: No increase
(4) For purposes of this section only, each bank will be
deemed to have been assigned a community reinvestment rating of "1" for the period beginning with January 1, 1986, and
ending December 31, 1986. Thereafter, each bank will be
assigned an annual rating in accordance with RCW
30.60.010, which rating shall remain in effect for the next
succeeding year and until the director has conducted a new
investigation and assigned a new rating for the next succeeding year, the process repeating on an annual basis.
(5) No bank may at any time be required to dispose of
any investment made in accordance with this section due to
30.04.212
(2010 Ed.)
General Provisions
the fact that the bank is not then authorized to acquire such
investment, if such investment was lawfully acquired by the
bank at the time of acquisition.
(6) The director shall limit the amount that may be
invested in a single project or investment and may adopt any
rule necessary to the safe and sound exercise of powers
granted by this section. [1994 c 92 § 19; 1985 c 329 § 5.]
Legislative intent—1985 c 329: See note following RCW 30.60.010.
Adoption of rules: RCW 30.60.030.
Additional notes found at www.leg.wa.gov
30.04.214 Qualifying community investments. (1) An
amount equal to ten percent of the aggregate amount invested
in real estate in accordance with RCW 30.04.212 shall be
placed in qualifying community investments as defined in
subsection (2) of this section.
(2) "Qualifying community investment" means any
direct or indirect investment or extension of credit made by a
bank in projects or programs designed to develop or redevelop areas in which persons with low or moderate incomes
reside, designed to meet the credit needs of such low or moderate-income areas, or that primarily benefits low and moderate-income residents of such areas. The term includes, but is
not limited to, any of the following within the state of Washington:
(a) Investments in governmentally insured, guaranteed,
subsidized, or otherwise sponsored programs for housing,
small farms, or businesses that address the needs of the low
and moderate-income areas.
(b) Investments in residential mortgage loans, home
improvements loans, housing rehabilitation loans, and small
business or small farm loans originated in low and moderateincome areas, or the purchase of such loans originated in low
and moderate-income areas.
(c) Investments for the preservation or revitalization of
urban or rural communities in low and moderate-income
areas.
The term does not include personal installment loans,
loans made to purchase, or loans secured by an automobile.
(3) A qualifying community investment made by an
entity that wholly owns a bank, is wholly owned by a bank, or
is wholly owned by an entity that wholly owns the bank is
deemed to have been made by a bank to satisfy the requirements of subsection (1) of this section. [1985 c 329 § 6.]
30.04.214
Legislative intent—1985 c 329: See note following RCW 30.60.010.
Adoption of rules: RCW 30.60.030.
Additional notes found at www.leg.wa.gov
30.04.215 Engaging in other business activities. (1)
Notwithstanding any other provisions of law, in addition to
all powers enumerated by this title, and those necessarily
implied therefrom, a bank or trust company may engage in
other business activities that have been determined by the
board of governors of the federal reserve system or by the
United States Congress to be closely related to the business of
banking, as of July 27, 2003.
(2) A bank or trust company that desires to perform an
activity that is not expressly authorized by subsection (1) of
this section shall first apply to the director for authorization to
conduct such activity. Within thirty days of the receipt of this
30.04.215
(2010 Ed.)
30.04.215
application, the director shall determine whether the activity
is closely related to the business of banking, whether the public convenience and advantage will be promoted, whether the
activity is apt to create an unsafe and unsound practice by the
bank or trust company and whether the applicant is capable of
performing such an activity. If the director finds the activity
to be closely related to the business of banking and the bank
or trust company is otherwise qualified, he or she shall immediately inform the applicant that the activity is authorized. If
the director determines that such activity is not closely
related to the business of banking or that the bank or trust
company is not otherwise qualified, he or she shall promptly
inform the applicant in writing. The applicant shall have the
right to appeal from an unfavorable determination in accordance with the procedures of the Administrative Procedure
Act, chapter 34.05 RCW. In determining whether a particular activity is closely related to the business of banking, the
director shall be guided by the rulings of the board of governors of the federal reserve system and the comptroller of the
currency in making determinations in connection with the
powers exercisable by bank holding companies, and the
activities performed by other commercial banks or their holding companies.
(3) Notwithstanding any restrictions, limitations, and
requirements of law, in addition to all powers, express or
implied, that a bank or trust company has under the laws of
this state, a bank or trust company shall have each and every
power and authority conferred as of July 28, 1985, or as of
any subsequent date not later than July 27, 2003, upon any
federally chartered bank doing business in this state. A bank
or trust company may exercise the powers and authorities
conferred on a federally chartered bank after July 27, 2003,
only if the director finds that the exercise of such powers and
authorities:
(a) Serves the convenience and advantage of depositors,
borrowers, or the general public; and
(b) Maintains the fairness of competition and parity
between state-chartered banks or trust companies and federally chartered banks.
(4) As used in this section, "powers and authorities"
include without limitation powers and authorities in corporate governance and operational matters.
(5) The restrictions, limitations, and requirements applicable to specific powers or authorities of federally chartered
banks shall apply to banks or trust companies exercising
those powers or authorities permitted under this subsection
but only insofar as the restrictions, limitations, and requirements relate to exercising the powers or authorities granted
banks or trust companies solely under this subsection.
(6) The director may require a bank or trust company to
provide notice to the director prior to implementation of a
plan to develop, improve, or continue holding real estate,
including capitalized and operating leases, acquired through
any means in full or partial satisfaction of a debt previously
contracted, under circumstances which a national bank would
be required to provide notice to the comptroller of the currency prior to implementation of such a plan. The director
may adopt rules or issue orders, directives, standards, policies, memoranda, or other official communications to specify
guidance with regard to the exercise of the powers and
authorities to expend such funds as are needed to enable a
[Title 30 RCW—page 9]
30.04.217
Title 30 RCW: Banks and Trust Companies
bank or trust company to recover its total investment to the
fullest extent authorized for a national bank under the
national bank act, 12 U.S.C. Sec. 29.
(7) Any activity which may be performed by a bank or
trust company, except the taking of deposits, may be performed by (a) a corporation or (b) another entity approved by
the director, which in either case is owned in whole or in part
by the bank or trust company. [2010 c 88 § 12; 2003 c 24 §
2. Prior: 1995 c 344 § 2; 1995 c 134 § 2; prior: 1994 c 256
§ 37; 1994 c 92 § 20; 1986 c 279 § 10; 1983 c 157 § 8; 1969
c 136 § 7.]
incorporation do not comply with the requirements of this
title: PROVIDED,
(1) That any such bank, which was by the director lawfully permitted to operate, although its capital stock was not
fully paid in, shall pay in the balance of its capital stock at
such times and in such amounts as the director may require;
(2) That, except with written permission of the director,
any bank or trust company which shall amend its articles of
incorporation must in such event comply with all the requirements of this title. [1994 c 92 § 21; 1955 c 33 § 30.04.220.
Prior: 1937 c 31 § 1; 1917 c 80 § 78; RRS § 3285.]
Effective date—2010 c 88: See RCW 32.50.900.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
30.04.217 Additional powers—Powers and authorities of savings bank—Restrictions. (1) Notwithstanding
any other provisions of law, in addition to all powers, express
or implied, that a bank or trust company has under the laws of
this state, a bank or trust company shall have the powers and
authorities conferred upon a savings bank under Title 32
RCW, only if:
(a) The bank or trust company notifies the director at
least thirty days prior to the exercise of such power or authority by the bank or trust company, unless the director waives
or modifies this requirement for notice as to the exercise of a
power, authority, or category of powers or authorities by the
bank or trust company;
(b) The director finds that the exercise of such powers
and authorities by the bank or by the trust company serves the
convenience and advantage of depositors, borrowers, or the
general public; and
(c) The director finds that the exercise of such powers
and authorities by the bank or by the trust company maintains
the fairness of competition and parity between banks or trust
companies and mutual savings banks.
(2) As used in this section, "powers and authorities"
include without limitation powers and authorities in corporate governance and operational matters.
(3) The restrictions, limitations, and requirements applicable to specific powers or authorities of mutual savings
banks shall apply to banks or trust companies exercising
those powers or authorities permitted under this section but
only insofar as the restrictions, limitations, and requirements
relate to exercising the powers or authorities granted banks or
trust companies solely under this section. [2010 c 88 § 13;
2003 c 24 § 1.]
30.04.217
Effective date—2010 c 88: See RCW 32.50.900.
30.04.220 Corporations existing under former laws.
Every corporation, which on March 10, 1917, was actually
and publicly engaged in banking or trust business in this state
in full compliance with the laws hereof, which were in force
immediately prior to March 10, 1917, may, if it otherwise
complies with the provisions of this title, continue its said
business, subject to the terms and regulations hereof and
without amending its articles of incorporation, although its
name and the amount of its capital stock, the number or
length of terms of its directors or the form of its articles of
30.04.220
[Title 30 RCW—page 10]
30.04.225 Contributions and gifts. In the absence of
an express prohibition in its articles of incorporation, the
making of contributions or gifts for the public welfare, or for
charitable, scientific, or educational purposes by a state bank
or trust company is within its powers and shall be deemed to
inure to the benefit of the bank. [1986 c 279 § 11.]
30.04.225
30.04.230 Authority of corporation or association to
acquire stock of bank, trust company, or national banking association. (1) A corporation or association organized
under the laws of this state or licensed to transact business in
the state may acquire any or all shares of stock of any bank,
trust company, or national banking association. Nothing in
this section shall be construed to prohibit the merger, consolidation, or reorganization of a bank or trust company in
accordance with this title.
(2) Unless the terms of this section or RCW 30.04.232
are complied with, an out-of-state bank holding company
shall not acquire more than five percent of the shares of the
voting stock or all or substantially all of the assets of a bank,
trust company, or national banking association the principal
operations of which are conducted within this state.
(3) As used in this section a "bank holding company"
means a company that is a bank holding company as defined
by the Bank Holding Company Act of 1956, as amended (12
U.S.C. Sec. 1841 et seq.). An "out-of-state bank holding
company" is a bank holding company that principally conducts its operations outside this state, as measured by total
deposits held or controlled by its bank subsidiaries on the
date on which it became a holding company. A "domestic
bank holding company" is a bank holding company that principally conducts its operations within this state, as measured
by total deposits held or controlled by its bank subsidiaries on
the date on which it became a bank holding company.
(4) Any such acquisition referred to under subsection (2)
of this section by an out-of-state bank holding company
requires the express written approval of the director.
Approval shall not be granted unless and until the following
conditions are met:
(a) An out-of-state bank holding company desiring to
make an acquisition referred to under subsection (2) of this
section and the bank, trust company, national banking association, or domestic bank holding company parent thereof, if
any, proposed to be acquired shall file an application in writing with the director. The director shall by rule establish the
fee schedule to be collected from the applicant in connection
with the application. The fee shall not exceed the cost of processing the application. The application shall contain such
30.04.230
(2010 Ed.)
General Provisions
information as the director may prescribe by rule as necessary
or appropriate for the purpose of making a determination
under this section. The application and supporting information and all examination reports and information obtained by
the director and the director’s staff in conducting its investigation shall be confidential and privileged and not subject to
public disclosure under chapter 42.56 RCW. The application
and information may be disclosed to federal bank regulatory
agencies and to officials empowered to investigate criminal
charges, subject to legal process, valid search warrant, or subpoena. In any civil action in which such application or information is sought to be discovered or used as evidence, any
party may, upon notice to the director and other parties, petition for an in camera review. The court may permit discovery
and introduction of only those portions that are relevant and
otherwise unobtainable by the requesting party. The application and information shall be discoverable in any judicial
action challenging the approval of an acquisition by the
director as arbitrary and capricious or unlawful.
(b) The director shall find that:
(i) The bank, trust company, or national banking association that is proposed to be acquired or the domestic bank
holding company controlling such bank, trust company, or
national banking association is in such a liquidity or financial
condition as to be in danger of closing, failing, or insolvency.
In making any such determination the director shall be
guided by the criteria developed by the federal regulatory
agencies with respect to emergency acquisitions under the
provisions of 12 U.S.C. Sec. 1828(c);
(ii) There is no state bank, trust company, or national
banking association doing business in the state of Washington or domestic bank holding company with sufficient
resources willing to acquire the entire bank, trust company,
or national banking association on at least as favorable terms
as the out-of-state bank holding company is willing to
acquire it;
(iii) The applicant out-of-state bank holding company
has provided all information and documents requested by the
director in relation to the application; and
(iv) The applicant out-of-state bank holding company
has demonstrated an acceptable record of meeting the credit
needs of its entire community, including low and moderate
income neighborhoods, consistent with the safe and sound
operation of such institution.
(c) The director shall consider:
(i) The financial institution structure of this state; and
(ii) The convenience and needs of the public of this state.
(5) Nothing in this section may be construed to prohibit,
limit, restrict, or subject to further regulation the ownership
by a bank of the stock of a bank service corporation or a
banker’s bank. [2005 c 274 § 252; 1994 c 92 § 22; 1987 c
420 § 2. Prior: 1985 c 310 § 2; 1985 c 305 § 4; 1983 c 157 §
9; 1982 c 196 § 7; 1981 c 89 § 2; 1973 1st ex.s. c 92 § 1; 1961
c 69 § 1; 1955 c 33 § 30.04.230; prior: 1933 c 42 § 10; RRS
§ 3243-1.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Additional notes found at www.leg.wa.gov
30.04.232 Additional authority of out-of-state holding company to acquire stock or assets of bank, trust com30.04.232
(2010 Ed.)
30.04.240
pany, or national banking association. (1) In addition to an
acquisition pursuant to RCW 30.04.230, an out-of-state bank
holding company may acquire more than five percent of the
voting stock or all or substantially all of the assets of a bank,
trust company, or national banking association, the principal
operations of which are conducted within this state, if the
bank, trust company, or national banking association or its
predecessor, the voting stock of which is to be acquired, shall
have been conducting business for a period of not less than
five years.
(2) The director, consistent with 12 U.S.C. Sec.
1842(d)(2)(D), may approve an acquisition if the standard on
which the approval is based does not discriminate against
out-of-state banks, out-of-state bank holding companies, or
subsidiaries of those banks or holding companies.
(3) As used in this section, the terms "bank holding company," "domestic bank holding company," and "out-of-state
bank holding company" shall have the meanings provided in
RCW 30.04.230. [1996 c 2 § 3; 1994 c 92 § 23; 1985 c 310
§ 1.]
Additional notes found at www.leg.wa.gov
30.04.238 Purchase of own capital stock authorized.
(1) Notwithstanding any other provision of this title, a bank,
with the prior approval of the director, may purchase shares
of its own capital stock.
(2) When a bank purchases such shares, its capital
accounts shall be reduced appropriately. The shares shall be
held as authorized but unissued shares. [1994 c 92 § 24; 1986
c 279 § 12; 1985 c 305 § 1.]
30.04.238
30.04.240 Trust business to be kept separate—
Authorized deposit of securities. (1) Every corporation
doing a trust business shall maintain in its office a trust
department in which it shall keep books and accounts of its
trust business, separate and apart from its other business.
Such books and accounts shall specify the cash, securities
and other properties, real and personal, held in each trust, and
such securities and properties shall be at all times segregated
from all other securities and properties except as otherwise
provided in this section.
(2) Any person connected with a bank or trust company
who shall, contrary to this section or any other provision of
law, commingle any funds or securities of any kind held by
such corporation in trust, for safekeeping or as agent for
another, with the funds or assets of the corporation is guilty of
a class B felony punishable according to chapter 9A.20
RCW.
(3) Notwithstanding any other provisions of law, any
fiduciary holding securities in its fiduciary capacity or any
state bank, national bank, or trust company holding securities
as fiduciary or as custodian for a fiduciary is authorized to
deposit or arrange for the deposit of such securities: (a) In a
clearing corporation (as defined in Article 8 of the Uniform
Commercial Code, chapter 62A.8 RCW); (b) within another
state bank, national bank, or trust company having trust
power whether located inside or outside of this state; or (c)
within itself. When such securities are so deposited, certificates representing securities of the same class of the same
issuer may be merged and held in bulk in the name of the
30.04.240
[Title 30 RCW—page 11]
30.04.260
Title 30 RCW: Banks and Trust Companies
nominee of such clearing corporation or state bank, national
bank, or trust company holding the securities as the depository, with any other such securities deposited in such clearing
corporation or depository by any person, regardless of the
ownership of such securities, and certificates of small denomination may be merged into one or more certificates of larger
denomination. The records of such fiduciary and the records
of such state bank, national bank, or trust company as a fiduciary or as custodian for a fiduciary shall at all times show the
name of the party for whose account the securities are so
deposited. Ownership of, and other interests in, such securities may be transferred by bookkeeping entries on the books
of such clearing corporation, state bank, national bank, or
trust company without physical delivery or alteration of certificates representing such securities. A state bank, national
bank, or trust company so depositing securities pursuant to
this section shall be subject to such rules and regulations as,
in the case of state chartered banks and trust companies, the
director and, in the case of national banking associations, the
comptroller of the currency may from time to time issue. A
state bank, national bank, or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify
in writing to the fiduciary the securities so deposited by such
state bank, national bank, or trust company in such clearing
corporation or state bank, national bank, or trust company
acting as such depository for the account of such fiduciary. A
fiduciary shall, on demand by any party to a judicial proceeding for the settlement of such fiduciary’s account or on
demand by the attorney for such party, certify in writing to
such party the securities deposited by such fiduciary in such
clearing corporation or state bank, national bank, or trust
company acting as such depository for its account as such
fiduciary.
This subsection shall apply to any fiduciary holding
securities in its fiduciary capacity, and to any state bank,
national bank, or trust company holding securities as a custodian, managing agent, or custodian for a fiduciary, acting on
March 14, 1973 or who thereafter may act regardless of the
date of the agreement, instrument, or court order by which it
is appointed and regardless of whether or not such fiduciary,
custodian, managing agent, or custodian for a fiduciary owns
capital stock of such clearing corporation. [2003 c 53 § 184;
1994 c 92 § 25; 1979 c 45 § 1; 1973 c 99 § 1; 1955 c 33 §
30.04.240. Prior: 1919 c 209 § 16; 1917 c 80 § 49; RRS §
3256.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.04.260 Legal services, advertising of—Penalty.
(1) No trust company or other corporation which advertises
that it will furnish legal advice, construct or prepare wills, or
do other legal work for its customers, shall be permitted to act
as executor, administrator, or guardian; and any trust company or other corporation whose officers or agents shall
solicit legal business shall be ineligible for a period of one
year thereafter to be appointed executor, administrator or
guardian in any of the courts of this state.
(2) Any trust company or other corporation which advertises that it will furnish legal advice, construct or prepare
wills, or do other legal work for its customers, and any
officer, agent, or employee of any trust company or corpora30.04.260
[Title 30 RCW—page 12]
tion who shall solicit legal business is guilty of a gross misdemeanor. [2003 c 53 § 185; 1974 ex.s. c 117 § 43; 1955 c 33
§ 30.04.260. Prior: 1929 c 72 § 4, part; 1923 c 115 § 6, part;
1921 c 94 § 1, part; 1917 c 80 § 24, part; RRS § 3231, part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
30.04.280 Compliance enjoined—Banking, trust
business, branches. No person shall engage in banking
except in compliance with and subject to the provisions of
this title, unless it is a national bank or except insofar as it
may be authorized so to do by the laws of this state relating to
mutual savings banks or savings and loan associations. A corporation shall not engage in a trust business except in compliance with and subject to the provisions of this title. A bank
shall not engage in a trust business except as authorized under
this title. A bank or trust company shall not establish any
branch except in accordance with the provisions of this title.
Except as authorized by federal law or by another law of this
state, a trust company incorporated under the laws of another
state, a national trust company or national bank the main
office of which is located in such other state, or a federal savings bank the home office of which is located in such other
state, shall not be permitted to engage in a trust business in
this state on more favorable terms and conditions than the
terms and conditions on which trust companies incorporated
under this chapter and mutual savings banks engaged in trust
business under RCW 32.08.140, 32.08.142, 32.08.210, and
32.08.215 are permitted to engage in trust business in such
other state. [1998 c 45 § 1; 1996 c 2 § 4; 1955 c 33 §
30.04.280. Prior: 1933 c 42 § 3, part; 1919 c 209 § 7, part;
1917 c 80 § 15, part; RRS § 3222, part.]
30.04.280
Additional notes found at www.leg.wa.gov
30.04.285 Director’s approval of a branch—Satisfactory financial condition—Affiliated commercial locations. (1) The director’s approval of a branch within the
United States or any territory of the United States or in any
foreign country shall be conditioned on a finding by the
director that the bank has a satisfactory record of compliance
with applicable laws and has a satisfactory financial condition. A bank chartered under this title may exercise any powers and authorities at any branch outside Washington that are
permissible for a bank operating in that state where the
branch is located, except to the extent those activities are
expressly prohibited by the laws of this state or by any rule or
order of the director applicable to the state bank. However,
the director may waive any limitation in writing with respect
to powers and authorities that the director determines do not
threaten the safety or soundness of the state bank.
(2) An out-of-state bank may acquire, establish, or maintain a branch in Washington within one mile of an affiliate
commercial location only to the same extent permitted for a
Washington bank under applicable state and federal law. For
purposes of this subsection, "bank" means any national bank,
state bank, and district bank, as defined in 12 U.S.C. Sec.
1813(a); "out-of-state bank" means a bank whose home state
is a state other than Washington; and "Washington bank"
means a bank whose home state is Washington. "Home
30.04.285
(2010 Ed.)
General Provisions
state" has the same meaning as defined in RCW 30.38.005.
[2007 c 167 § 1; 1996 c 2 § 6.]
Additional notes found at www.leg.wa.gov
30.04.295 Agency agreements—Written notice to
director. On or before the date on which a bank enters into
any agency agreement authorizing another entity, as agent of
the bank, to receive deposits or renew time deposits, the bank
shall give written notice to the director of the existence of that
agency arrangement. The notice is not effective until it has
been delivered to the office of the director. [1996 c 2 § 7.]
30.04.405
credit banks and the stock or other evidences of participation
of federal land banks in amounts consistent with safe and
sound practice in conducting the business of the trust company or bank. [1982 c 86 § 1.]
30.04.295
Additional notes found at www.leg.wa.gov
30.04.300 Foreign branch banks. A branch of any foreign bank or banker actually and publicly engaged in banking
in this state on March 10, 1917, in full compliance with the
laws hereof, which were in force immediately prior to March
10, 1917, and which branch has a capital not less in amount
than that required for the organization of a state bank as provided in this title at the time and place when and where such
branch was established, may continue its said business, subject to all of the regulations and supervision provided for
banks. The amount upon which it pays taxes shall be prima
facie evidence of the amount and existence of such capital.
No such bank or banker shall set forth on its or his stationery
or in any manner advertise in this state a greater capital, surplus and undivided profits than are actually maintained at
such branch. Every foreign corporation, bank and banker, and
every officer, agent and employee thereof who violates any
provision of this section or which violates the terms of the
resolution filed as required by *RCW 30.04.290 shall for
each violation forfeit and pay to the state of Washington the
sum of one thousand dollars. A civil action for the recovery
of any such sum may be brought by the attorney general in
the name of the state. [1955 c 33 § 30.04.300. Prior: 1917 c
80 § 41; RRS § 3248.]
30.04.300
*Reviser’s note: RCW 30.04.290 was repealed by 1994 c 256 § 124,
without cognizance of its amendment by 1994 c 92 § 27. It has been decodified for publication purposes pursuant to RCW 1.12.025. RCW 30.04.290
was subsequently repealed by 1997 c 101 § 7.
30.04.330 Saturday closing authorized. Any bank,
which term for the purpose of this section shall include but
not be limited to any state bank, national bank or association,
mutual savings bank, savings and loan association, trust company, federal reserve bank, federal home loan bank, and federal savings and loan association, federal credit union, and
state credit union doing business in this state, may remain
closed on Saturdays and any Saturday on which a bank
remains closed shall be, with respect to such bank, a holiday
and not a business day. Any act, authorized, required or permitted to be performed at or by or with respect to any bank,
as herein defined, on a Saturday, may be performed on the
next succeeding business day, and no liability or loss of rights
of any kind shall result from such closing. [1955 c 33 §
30.04.330. Prior: 1947 c 221 § 1; Rem. Supp. 1947 § 3292a.]
30.04.330
30.04.375 Investment in stock, participation certificates, and other evidences of participation. Any bank or
trust company may invest in the stock or participation certificates of production credit associations, federal intermediate
30.04.375
(2010 Ed.)
30.04.380 Investment in paid-in capital stock and
surplus of banks or corporations engaged in international
or foreign banking. Any bank or trust company may invest
an amount not exceeding ten per centum of its paid-in capital
stock and surplus in the stock of one or more banks or corporations chartered under the laws of the United States, or of
any state thereof, and principally engaged in international or
foreign banking, or banking in a dependency or insular possession of the United States, either directly or through the
agency, ownership or control of local institutions in foreign
countries, or in such dependencies or insular possessions.
[1986 c 279 § 13; 1973 1st ex.s. c 104 § 9.]
30.04.380
30.04.390 Acquisition of stock of banks organized
under laws of foreign country, etc. Any bank or trust company may acquire and hold, directly or indirectly, stock or
other evidence of indebtedness or ownership in one or more
banks organized under the law of a foreign country or a
dependency or insular possession of the United States. [1986
c 279 § 14; 1973 1st ex.s. c 104 § 10.]
30.04.390
30.04.395 Continuing authority for investments. Any
investment by a bank other than a loan, if legal and authorized when made, may continue to be held by the bank notwithstanding a change in circumstances or change in the law.
[1986 c 279 § 16.]
30.04.395
30.04.400 Bank acquisition or control—Definitions.
As used in RCW 30.04.400 through 30.04.410, the following
words shall have the following meanings:
(1) "Control" means directly or indirectly alone or in
concert with others to own, control, or hold the power to vote
twenty-five percent or more of the outstanding stock or voting power of the "controlled" entity;
(2) "Acquiring party" means the person acquiring control
of a bank through the purchase of stock; and
(3) "Person" means any individual, corporation, partnership, association, business trust, or other organization. [1977
ex.s. c 246 § 1.]
30.04.400
30.04.405 Bank acquisition or control—Notice or
application—Registration statement—Violations—Penalties. (1) It is unlawful for any person to acquire control of
a bank until thirty days after filing with the director a copy of
the notice of change of control required to be filed with the
federal deposit insurance corporation or a completed application. The notice or application shall be under oath and contain
substantially all of the following information plus any additional information that the director may prescribe as necessary or appropriate in the particular instance for the protection of bank depositors, borrowers, or shareholders and the
public interest:
(a) The identity, banking and business experience of
each person by whom or on whose behalf acquisition is to be
made;
30.04.405
[Title 30 RCW—page 13]
30.04.410
Title 30 RCW: Banks and Trust Companies
(b) The financial and managerial resources and future
prospects of each person involved in the acquisition;
(c) The terms and conditions of any proposed acquisition
and the manner in which the acquisition is to be made;
(d) The source and amount of the funds or other consideration used or to be used in making the acquisition, and a
description of the transaction and the names of the parties if
any part of these funds or other consideration has been or is
to be borrowed or otherwise obtained for the purpose of making the acquisition;
(e) Any plan or proposal which any person making the
acquisition may have to liquidate the bank, to sell its assets,
to merge it with any other bank, or to make any other major
change in its business or corporate structure for management;
(f) The identification of any person employed, retained,
or to be compensated by the acquiring party, or by any person
on its behalf, who makes solicitations or recommendations to
shareholders for the purpose of assisting in the acquisition
and a brief description of the terms of the employment,
retainer, or arrangement for compensation; and
(g) Copies of all invitations for tenders or advertisements
making a tender offer to shareholders for the purchase of their
stock to be used in connection with the proposed acquisition.
(2) Notwithstanding any other provision of this section,
a bank or domestic bank holding company as defined in
RCW 30.04.230 need only notify the director of an intent to
acquire control and the date of the proposed acquisition of
control at least thirty days before the date of the acquisition of
control.
(3) When a person, other than an individual or corporation, is required to file an application under this section, the
director may require that the information required by subsection (1)(a), (b), and (f) of this section be given with respect to
each person, as defined in RCW 30.04.400(3), who has an
interest in or controls a person filing an application under this
subsection.
(4) When a corporation is required to file an application
under this section, the director may require that information
required by subsection (1)(a), (b), and (f) of this section be
given for the corporation, each officer and director of the corporation, and each person who is directly or indirectly the
beneficial owner of twenty-five percent or more of the outstanding voting securities of the corporation.
(5) If any tender offer, request, or invitation for tenders
or other agreements to acquire control is proposed to be made
by means of a registration statement under the Securities Act
of 1933 (48 Stat. 74, 15 U.S.C., Sec. 77(a)), as amended, or in
circumstances requiring the disclosure of similar information
under the Securities Exchange Act of 1934 (48 Stat. 881, 15
U.S.C., Sec. 78(a)), as amended, the registration statement or
application may be filed with the director in lieu of the
requirements of this section.
(6) Any acquiring party shall also deliver a copy of any
notice or application required by this section to the bank proposed to be acquired within two days after the notice or application is filed with the director.
(7) Any acquisition of control in violation of this section
shall be ineffective and void.
(8) Any person who willfully or intentionally violates
this section or any rule adopted pursuant thereto is guilty of a
gross misdemeanor pursuant to chapter 9A.20 RCW. Each
[Title 30 RCW—page 14]
day’s violation shall be considered a separate violation, and
any person shall upon conviction be fined not more than one
thousand dollars for each day the violation continues. [1994
c 92 § 29; 1986 c 279 § 15; 1985 c 305 § 5; 1977 ex.s. c 246
§ 2.]
30.04.410 Bank acquisition or control—Disapproval
by director—Change of officers. (1) The director may disapprove the acquisition of a bank or trust company within
thirty days after the filing of a complete application pursuant
to RCW 30.04.405 or an extended period not exceeding an
additional fifteen days if:
(a) The poor financial condition of any acquiring party
might jeopardize the financial stability of the bank or might
prejudice the interests of the bank depositors, borrowers, or
shareholders;
(b) The plan or proposal of the acquiring party to liquidate the bank, to sell its assets, to merge it with any person, or
to make any other major change in its business or corporate
structure or management is not fair and reasonable to the
bank’s depositors, borrowers, or stockholders or is not in the
public interest;
(c) The banking and business experience and integrity of
any acquiring party who would control the operation of the
bank indicates that approval would not be in the interest of
the bank’s depositors, borrowers, or shareholders;
(d) The information provided by the application is insufficient for the director to make a determination or there has
been insufficient time to verify the information provided and
conduct an examination of the qualification of the acquiring
party; or
(e) The acquisition would not be in the public interest.
(2) An acquisition may be made prior to expiration of the
disapproval period if the director issues written notice of
intent not to disapprove the action.
(3) The director shall set forth the basis for disapproval
of any proposed acquisition in writing and shall provide a
copy of such findings and order to the applicants and to the
bank involved. Such findings and order shall not be disclosed to any other party and shall not be subject to public
disclosure under chapter 42.56 RCW unless the findings
and/or order are appealed pursuant to chapter 34.05 RCW.
(4) Whenever such a change in control occurs, each party
to the transaction shall report promptly to the director any
changes or replacement of its chief executive officer, or of
any director, that occurs in the next twelve-month period,
including in its report a statement of the past and present
business and professional affiliations of the new chief executive officer or directors. [2005 c 274 § 253; 1994 c 92 § 30;
1989 c 180 § 3; 1977 ex.s. c 246 § 3.]
30.04.410
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
30.04.450 Notice of charges—Reasons for issuance—
Contents—Hearing—Cease and desist order. (1) The
director may issue and serve a notice of charges upon a bank
or trust company when in the opinion of the director:
(a) It has engaged in an unsafe and unsound practice
related to the conduct of business of the bank or trust company;
(b) It has violated any provision of RCW 30.04.050; or
30.04.450
(2010 Ed.)
General Provisions
(c) It is planning, attempting, or currently conducting
any act prohibited in (a) or (b) of this subsection.
(2) The director may issue and serve a notice of charges
upon a holding company when, in the opinion of the director:
(a) The holding company has committed a violation of
RCW 30.04.050(2);
(b) The conduct of the holding company has resulted in
an unsafe and unsound practice at the bank or trust company
or a violation of any provision of RCW 30.04.050 by the
bank or trust company; or
(c) The holding company is planning, attempting, or currently conducting any act prohibited in (a) or (b) of this subsection.
(3) The notice shall contain a statement of the facts constituting the alleged violation or violations or the practice or
practices and shall fix a time and place at which a hearing will
be held to determine whether an order to cease and desist
should issue against the bank, trust company, or holding
company. The hearing shall be set not earlier than ten days or
later than thirty days after service of the notice unless a later
date is set by the director at the request of the bank, trust company, or holding company.
(4) Unless the bank, trust company, or holding company
shall appear at the hearing by a duly authorized representative
it shall be deemed to have consented to the issuance of the
cease and desist order. In the event of this consent or if upon
the record made at the hearing the director finds that any violation or practice specified in the notice of charges has been
established, the director may issue and serve upon the bank,
trust company, or holding company an order to cease and
desist from the violation or practice. The order may require
the bank, trust company, or holding company, and its directors, officers, employees, and agents to cease and desist from
the violation or practice and may require the bank, trust company, or holding company to take affirmative action to correct the conditions resulting from the violation or practice.
(5) A cease and desist order shall become effective at the
expiration of ten days after the service of the order upon the
bank or trust company concerned except that a cease and
desist order issued upon consent shall become effective at the
time specified in the order and shall remain effective as provided therein unless it is stayed, modified, terminated, or set
aside by action of the director or a reviewing court. [2010 c
88 § 15; 1994 c 92 § 31; 1977 ex.s. c 178 § 1.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
30.04.455 Temporary cease and desist order—Reasons for issuance. (1) The director may also issue a temporary order requiring a bank or trust company, or its holding
company, or both, to cease and desist from any action or
omission, as specified in RCW 30.04.450, or its continuation,
which the director has determined:
(a) Constitutes an unsafe and unsound practice or a material violation of RCW 30.04.050 affecting the bank or trust
company;
(b) Has resulted in the bank or trust company being less
than adequately capitalized; or
(c) Is likely to cause insolvency or substantial dissipation
of assets or earnings of the bank or trust company, or to oth30.04.455
(2010 Ed.)
30.04.470
erwise seriously prejudice the interests of its depositors or
trust beneficiaries.
(2) The order is effective upon service on the bank, trust
company, or holding company, and remains in effect unless
set aside, limited, or suspended by the superior court in proceedings under RCW 30.04.460 pending the completion of
the administrative proceedings under the notice and until
such time as the director dismisses the charges specified in
the notice or until the effective date of a cease and desist
order issued against the bank, trust company, or holding company under RCW 30.04.450. [2010 c 88 § 16; 1994 c 92 § 32;
1977 ex.s. c 178 § 2.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
30.04.460 Temporary cease and desist order—
Injunction to set aside, limit, or suspend temporary order.
(1) Within ten days after a bank, trust company, or holding
company has been served with a temporary cease and desist
order, the bank, trust company, or holding company may
apply to the superior court in the county of its principal place
of business for an injunction setting aside, limiting, or suspending the order pending the completion of the administrative proceedings pursuant to the notice served under RCW
30.04.455.
(2) The superior court shall have jurisdiction to issue the
injunction. [2010 c 88 § 17; 1977 ex.s. c 178 § 3.]
30.04.460
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
30.04.465 Violations or unsafe or unsound practices—Injunction to enforce temporary order. In the case
of a violation or threatened violation of a temporary cease
and desist order issued under RCW 30.04.455, the director
may apply to the superior court of the county of the principal
place of business of the bank or trust company for an injunction to enforce the order, and the court shall issue an injunction if it determines that there has been a violation or threatened violation. [1994 c 92 § 33; 1977 ex.s. c 178 § 4.]
30.04.465
Additional notes found at www.leg.wa.gov
30.04.470 Order to refrain from violations or practices—Administrative hearing or judicial review. (1) Any
administrative hearing provided in RCW 30.04.450 or
30.12.042 must be conducted in accordance with chapter
34.05 RCW and held at the place designated by the director,
and may be conducted by the department. The hearing shall
be private unless the director determines that a public hearing
is necessary to protect the public interest after fully considering the views of the party afforded the hearing.
(2) Within sixty days after the hearing, the director shall
render a decision which shall include findings of fact upon
which the decision is based and shall issue and serve upon
each party to the proceeding an order or orders consistent
with RCW 30.04.450 or 30.12.042, as the case may be.
(3) Unless a petition for review is timely filed in the
superior court of the county of the principal place of business
of the affected bank or trust company under subsection (5) of
this section and until the record in the proceeding has been
filed as therein provided, the director may at any time mod30.04.470
[Title 30 RCW—page 15]
30.04.475
Title 30 RCW: Banks and Trust Companies
ify, terminate, or set aside any order upon such notice and in
such manner as he or she shall deem proper. Upon filing the
record, the director may modify, terminate, or set aside any
order only with permission of the court.
(4) The judicial review provided in this section is exclusive for orders issued under RCW 30.04.450 and 30.12.042.
(5) Any party to the proceeding or any person required
by an order issued under RCW 30.04.450, 30.04.455,
30.04.465, or 30.12.042 to refrain from any of the violations
or practices stated therein may obtain a review of any order
served under subsection (1) of this section other than one
issued upon consent by filing in the superior court of the
county of the principal place of business of the affected bank
or trust company within ten days after the date of service of
the order a written petition praying that the order of the director be modified, terminated, or set aside. A copy of the petition shall be immediately served upon the director and the
director shall then file in the court the record of the proceeding. The court shall have jurisdiction upon the filing of the
petition, which jurisdiction shall become exclusive upon the
filing of the record to affirm, modify, terminate, or set aside
in whole or in part the order of the director except that the
director may modify, terminate, or set aside an order with the
permission of the court. The judgment and decree of the
court shall be final, except that it shall be subject to appellate
review under the rules of court.
(6) The commencement of proceedings for judicial
review under subsection (5) of this section shall not operate
as a stay of any order issued by the director unless specifically ordered by the court.
(7) Service of any notice or order required to be served
under RCW 30.04.450, 30.04.455, 30.12.040 or 30.12.042
shall be accomplished in the same manner as required for the
service of process in civil actions in superior courts of this
state. [2010 c 88 § 18; 1994 c 92 § 34; 1977 ex.s. c 178 § 8.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
30.04.475 Order to refrain from violations or practices—Jurisdiction of courts in enforcement or issuance
of orders, injunctions, or judicial review. (1) The director
may apply to the superior court of the county of the principal
place of business of the bank or trust company affected for
the enforcement of any effective and outstanding order issued
under RCW 30.04.450, 30.04.455, 30.04.465, or 30.12.042,
and the court shall have jurisdiction to order compliance
therewith.
(2) No court shall have jurisdiction to affect by injunction or otherwise the issuance or enforcement of any order or
to review, modify, suspend, terminate, or set aside any order
except as provided in RCW 30.04.460, 30.04.465, and
30.04.470. [2010 c 88 § 19; 1994 c 92 § 35; 1977 ex.s. c 178
§ 9.]
30.04.475
Effective date—2010 c 88: See RCW 32.50.900.
30.04.505 Fairness in lending act—Definitions. As
used in RCW 30.04.505 through 30.04.515:
(1) "Financial institution" means any bank or trust company, mutual savings bank, credit union, mortgage company,
or savings and loan association which operates or has a place
of business in this state whether regulated by the state or federal government.
(2) "Particular type of loan" refers to a class of loans
which is substantially similar with respect to the following:
(a) FHA, VA, or conventional as defined in *RCW
19.106.030(2);
(b) Uniform or nonuniform payment;
(c) Uniform or nonuniform rate of interest;
(d) Purpose; and
(e) The location of the real estate offered as security for
the loan as being inside or outside of that financial institution’s lending area.
(3) "Varying the terms of a loan" includes, but is not limited to the following practices:
(a) Requiring a greater down payment than is usual for
the particular type of a loan involved;
(b) Requiring a shorter period of amortization than is
usual for the particular type of loan involved;
(c) Charging a higher interest rate than is usual for the
particular type of loan involved;
(d) A deliberate underappraisal of the value of the property offered as security. [1977 ex.s. c 301 § 11.]
30.04.505
*Reviser’s note: RCW 19.106.030 expired on January 1, 1981. See
1977 ex.s. c 301 § 9.
30.04.510 Fairness in lending act—Unlawful practices. Subject to RCW 30.04.515, it shall be unlawful for any
financial institution, in processing any application for a loan
to be secured by a single-family residence to:
(1) Deny or vary the terms of a loan on the basis that a
specific parcel of real estate offered as security is located in a
specific geographical area, unless building, remodeling, or
continued habitation in such specific geographical area is
prohibited or restricted by any local, state, or federal law or
rules or regulations promulgated thereunder.
(2) Utilize lending standards that have no economic
basis. [1977 ex.s. c 301 § 12.]
30.04.510
30.04.515 Fairness in lending act—Sound underwriting practices not precluded. Nothing contained in RCW
30.04.505 through 30.04.510 shall preclude a financial institution from considering sound underwriting practices in processing any application for a loan to any person. Such practices shall include the following:
(1) The willingness and the financial ability of the borrower to repay the loan.
(2) The market value of any real estate and of any other
item of property proposed as security for any loan.
(3) Diversification of the financial institution’s investment portfolio. [1977 ex.s. c 301 § 13.]
30.04.515
Additional notes found at www.leg.wa.gov
30.04.550 Reorganization as subsidiary of bank holding company—Authority. A state banking corporation
may, with the approval of the director and the affirmative
vote of the shareholders of such corporation owning at least
two-thirds of each class of shares entitled to vote under the
30.04.550
30.04.500 Fairness in lending act—Short title. RCW
30.04.505 through 30.04.515 shall be known and may be
cited as the "fairness in lending act". [1977 ex.s. c 301 § 10.]
30.04.500
Unfair practices of financial institutions: RCW 49.60.175.
[Title 30 RCW—page 16]
(2010 Ed.)
General Provisions
terms of such shares, be reorganized to become a subsidiary
of a bank holding company or a company that will, upon consummation of such reorganization, become a bank holding
company, as defined in the federal bank holding company act
of 1956, as amended. [1994 c 92 § 36; 1986 c 279 § 40; 1982
c 196 § 1.]
Additional notes found at www.leg.wa.gov
30.04.555 Reorganization as subsidiary of bank holding company—Procedure. A reorganization authorized
under RCW 30.04.550 shall be carried out in the following
manner:
(1) A plan of reorganization specifying the manner in
which the reorganization shall be carried out must be
approved by a majority of the entire board of directors of the
banking corporation. The plan shall specify the name of the
acquiring corporation, the amount of cash, securities of the
bank holding company, other consideration, or any combination thereof to be paid to the shareholders of the reorganizing
corporation in exchange for their shares of the stock of the
corporation. The plan shall also specify the exchange date or
the manner in which such exchange date shall be determined,
the manner in which the exchange shall be carried out, and
such other matters, not inconsistent with this chapter, as shall
be determined by the board of directors of the corporation.
(2) The plan of reorganization shall be submitted to the
shareholders of the reorganizing corporation at a meeting to
be held on the call of the directors. Notice of the meeting of
shareholders at which the plan shall be considered shall be
given by prepaid first-class mail at least twenty days before
the date of the meeting, to each stockholder of record of the
banking corporation. The notice shall state that dissenting
shareholders will be entitled to payment of the value of only
those shares which are voted against approval of the plan.
[1994 c 256 § 38; 1986 c 279 § 41; 1982 c 196 § 2.]
30.04.555
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
30.04.560 Reorganization as subsidiary of bank holding company—Dissenter’s rights—Conditions. If the
shareholders approve the reorganization by a two-thirds vote
of each class of shares entitled to vote under the terms of such
shares, and if it is thereafter approved by the director and consummated, any shareholder of the banking corporation who
has voted shares against such reorganization at such meeting
or has given notice in writing at or prior to such meeting to
the banking corporation that he or she dissents from the plan
of reorganization and has not voted in favor of the reorganization, shall be entitled to receive the value of the shares
determined as provided in RCW 30.04.565. Such dissenter’s
rights must be exercised by making written demand which
shall be delivered to the corporation at any time within thirty
days after the date of shareholder approval, accompanied by
the surrender of the appropriate stock certificates. [1994 c 92
§ 37; 1986 c 279 § 42; 1982 c 196 § 3.]
30.04.560
Additional notes found at www.leg.wa.gov
30.04.565 Reorganization as subsidiary of bank holding company—Valuation of shares of dissenting shareholders. The value of the shares of a dissenting shareholder
30.04.565
(2010 Ed.)
30.04.575
who has properly perfected dissenter’s rights shall be ascertained as of the day prior to the date of the shareholder action
approving such reorganization by three appraisers, one to be
selected by the owners of two-thirds of the dissenting shares,
one by the board of directors of the acquiring bank holding
company, and the third by the two so chosen. The valuation
agreed upon by any two appraisers shall govern. The dissenting shareholders shall bear, on a pro rata basis based on the
number of dissenting shares owned, the cost of their appraisal
and one-half of the cost of the third appraisal, and the acquiring bank holding company shall bear the cost of its appraisal
and one-half of the cost of the third appraisal. If the appraisal
is not completed within ninety days after the effective date of
the reorganization, the director shall cause an appraisal to be
made which shall be final and binding upon all parties. The
cost of such appraisal shall be borne equally by the dissenting
shareholders and the acquiring bank holding company. The
dissenting shareholders shall share their half of the cost on a
pro rata basis based on the number of dissenting shares
owned. [1994 c 256 § 39; 1994 c 92 § 38; 1982 c 196 § 4.]
Reviser’s note: This section was amended by 1994 c 92 § 38 and by
1994 c 256 § 39, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
30.04.570 Reorganization as subsidiary of bank holding company—Approval of director—Certificate of reorganization—Exchange of shares. The reorganization and
exchange authorized by RCW 30.04.550 through 30.04.570
shall become effective as follows:
(1) If the board of directors and shareholders of the state
banking corporation and the board of directors of the acquiring corporation approve the plan of reorganization, then both
corporations shall apply for the approval of the director, providing such information as the director by rule may prescribe.
(2) If the director approves the reorganization, the director shall issue a certificate of reorganization to the state banking corporation.
(3) Upon the issuance of a certificate of reorganization
by the director, or on such later date as shall be provided for
in the plan of reorganization, the shares of the state banking
corporation shall be deemed to be exchanged in accordance
with the plan of reorganization, subject to the rights of dissenters under RCW 30.04.560 and 30.04.565. [1994 c 92 §
39; 1982 c 196 § 5.]
30.04.570
Additional notes found at www.leg.wa.gov
30.04.575 Public hearing prior to approval of reorganization—Request. Prior to the approval of the reorganization, the director, upon request of the board of directors of the
bank, or not less than ten percent of its shareholders, shall
hold a public hearing at which bank shareholders and other
interested parties may appear. Notice of the public hearing
shall be sent to each shareholder by prepaid first-class mail.
The approval of the reorganization by the director shall
be conditioned on a finding that the terms of the reorganization are fair to the shareholders and other interested parties.
[1994 c 256 § 40; 1994 c 92 § 40; 1986 c 279 § 44.]
30.04.575
[Title 30 RCW—page 17]
30.04.600
Title 30 RCW: Banks and Trust Companies
Reviser’s note: This section was amended by 1994 c 92 § 40 and by
1994 c 256 § 40, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.04.600 Shareholders—Actions authorized without meetings—Written consent. Any action required by
this title to be taken at a meeting of the shareholders of a corporation, or any action that may be taken at a meeting of the
shareholders, may be taken without a meeting if a consent in
writing, setting forth the action so taken, is signed by all of
the shareholders entitled to vote with respect to the subject
matter thereof.
The consent shall have the same force and effect as a
unanimous vote of shareholders and may be stated as such in
any articles or documents filed under this title. [1986 c 279 §
46.]
30.08.020
30.08.025
30.08.030
30.08.040
30.04.600
30.04.605 Directors, committees—Actions authorized without meetings—Written consent. Unless otherwise provided by the articles of incorporation or bylaws, any
action required by this title to be taken at a meeting of the
directors of a bank or trust company, or any action which may
be taken at any meeting of the directors or of a committee,
may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the
directors, or all of the members of the committee, as the case
may be. Such consent shall have the same effect as a unanimous vote. [1986 c 279 § 47.]
30.04.605
30.04.610 Directors, committees—Meetings authorized by conference telephone or similar communications
equipment. Except as may be otherwise restricted by the
articles of incorporation or bylaws, members of the board of
directors or any committee designated by the board of directors may participate in a meeting of the board or committee
by means of a conference telephone or similar communications equipment by means of which all persons participating
in the meeting can hear each other at the same time. Participation by such means shall constitute presence, in person, at
a meeting. [1986 c 279 § 48.]
30.08.050
30.08.055
30.08.060
30.08.070
30.08.080
30.08.081
30.08.082
30.08.083
30.08.084
30.08.086
30.08.087
30.08.088
30.08.090
30.08.092
30.08.095
30.08.140
30.08.150
30.08.155
30.08.160
30.08.170
30.08.180
30.08.190
Notice of intention to organize—Proposed articles of incorporation—Contents.
Limited liability company—Organization or conversion—
Approval of director—Conditions—Application of chapter
25.15 RCW—Definitions.
Investigation.
Notice to file articles—Articles approved or refused—Hearing.
Approved articles to be filed and recorded—Organization
complete.
Amending articles—Filing with director—Contents.
Certificate of authority—Issuance—Contents.
Failure to commence business—Effect—Extension of time.
Extension of existence—Application—Investigation—Certificate—Appeal—Winding up for failure to continue existence.
Shares—Certificates not required.
Authority to issue preferred or special classes of stock.
Authority to divide classes into series—Rights and preferences—Filing of statement.
Rights of holders of preferred or special classes of stock—
Preference in dividends and liquidation.
Determination of capital impairment when capital consists of
preferred stock.
Authorized but unissued shares of capital stock—Issuance—
Consideration.
Authorized but unissued shares of capital stock—When shares
become part of capital stock.
Amendment of articles—Procedure.
Increase or decrease of capital stock authorized.
Schedule of fees to be established.
Corporate powers of banks.
Corporate powers of trust companies.
Powers and authorities of trust companies—Federally chartered trust companies—Findings of director.
Report of bond liability—Collateral.
Securities may be held in name of nominee.
Reports of resources and liabilities.
Time of filing—Availability—Penalty.
30.04.610
30.04.650 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to automated teller machines and night depositories regulated under
this title. [1993 c 324 § 10.]
30.04.650
Additional notes found at www.leg.wa.gov
30.04.901 Severability—2003 c 24. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2003 c 24 § 10.]
30.04.901
Chapter 30.08
Chapter 30.08 RCW
ORGANIZATION AND POWERS
Sections
30.08.010
Incorporators—Paid-in capital stock, surplus, and undivided
profits—Requirements.
[Title 30 RCW—page 18]
30.08.010 Incorporators—Paid-in capital stock, surplus, and undivided profits—Requirements. When authorized by the director, as hereinafter provided, one or more
natural persons, citizens of the United States, may incorporate a bank or trust company in the manner herein prescribed.
No bank or trust company shall incorporate for less amount
nor commence business unless it has a paid-in capital stock,
surplus and undivided profits in the amount as may be determined by the director after consideration of the proposed
location, management, and the population and economic
characteristics for the area, the nature of the proposed activities and operation of the bank or trust company, and other
factors deemed pertinent by the director. Each bank and trust
company shall before commencing business have subscribed
and paid into it in the same manner as is required for capital
stock, an amount equal to at least ten percent of the capital
stock above required, that shall be carried in the undivided
profit account and may be used to defray organization and
operating expenses of the company. Any sum not so used
shall be transferred to the surplus fund of the company before
any dividend shall be declared to the stockholders. [1994 c
256 § 41; 1994 c 92 § 42; 1986 c 279 § 17; 1973 1st ex.s. c
104 § 3; 1969 c 136 § 3; 1955 c 33 § 30.08.010. Prior: 1947
c 131 § 1; 1929 c 72 § 4; 1923 c 115 § 2; 1917 c 80 § 19; Rem.
Supp. 1947 § 3226.]
30.08.010
Reviser’s note: This section was amended by 1994 c 92 § 42 and by
1994 c 256 § 41, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
(2010 Ed.)
Organization and Powers
30.08.020 Notice of intention to organize—Proposed
articles of incorporation—Contents. Persons desiring to
incorporate a bank or trust company shall file with the director a notice of their intention to organize a bank or trust company in such form and containing such information as the
director shall prescribe by rule, together with proposed articles of incorporation, which shall be submitted for examination to the director at his or her office.
The proposed articles of incorporation shall state:
(1) The name of such bank or trust company.
(2) The city, village or locality and county where the
head office of such corporation is to be located.
(3) The nature of its business, whether that of a commercial bank, or a trust company.
(4) The amount of its capital stock, which shall be
divided into shares of a par or no par value as may be provided in the articles of incorporation.
(5) The names and places of residence and mailing
addresses of the persons who as directors are to manage the
corporation until the first annual meeting of its stockholders.
(6) If there is to be preferred or special classes of stock,
a statement of preferences, voting rights, if any, limitations
and relative rights in respect of the shares of each class; or a
statement that the shares of each class shall have the
attributes as shall be determined by the bank’s board of directors from time to time with the approval of the director.
(7) Any provision granting the shareholders the preemptive right to acquire additional shares of the bank and any
provision granting shareholders the right to cumulate their
votes.
(8) Any provision, not inconsistent with law, which the
incorporators elect to set forth in the articles of incorporation
for the regulation of the affairs of the corporation, including
any provision restricting the transfer of shares, any provision
which under this title is required or permitted to be set forth
in the bylaws, and any provision permitted by RCW
23B.17.030.
(9) Any provision the incorporators elect to so set forth,
not inconsistent with law or the purposes for which the bank
is organized, or any provision limiting any of the powers
granted in this title.
It shall not be necessary to set forth in the articles of
incorporation any of the corporate powers granted in this
title. The articles of incorporation shall be signed by all of the
incorporators. [1999 c 14 § 11; 1995 c 134 § 3. Prior: 1994
c 256 § 42; 1994 c 92 § 43; 1986 c 279 § 18; 1981 c 73 § 1;
1973 1st ex.s. c 104 § 4; 1959 c 118 § 1; 1957 c 248 § 1; 1955
c 33 § 30.08.020; prior: (i) 1923 c 115 § 3; 1917 c 80 § 20;
RRS § 3227. (ii) 1929 c 174 § 1; 1923 c 115 § 4; 1917 c 80 §
21; RRS § 3228.]
30.08.020
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
30.08.025 Limited liability company—Organization
or conversion—Approval of director—Conditions—
Application of chapter 25.15 RCW—Definitions. (1) Notwithstanding any other provision of this title, if the conditions
of this section are met, a bank, or a holding company of a
bank, may be organized as, or convert to, a limited liability
company under the Washington limited liability company
act, chapter 25.15 RCW. As used in this section, "bank"
30.08.025
(2010 Ed.)
30.08.025
includes an applicant to become a bank or holding company
of a bank, and "holding company" means a holding company
of a bank.
(2)(a) Before a bank or holding company may organize
as, or convert to, a limited liability company, the bank or
holding company must obtain approval of the director.
(b)(i) To obtain approval under this section from the
director, the bank or holding company must file a request for
approval with the director at least ninety days before the day
on which the bank or holding company becomes a limited liability company.
(ii) If the director does not disapprove the request for
approval within ninety days from the day on which the director receives the request, the request is considered approved.
(iii) When taking action on a request for approval filed
under this section, the director may:
(A) Approve the request;
(B) Approve the request subject to terms and conditions
the director considers necessary; or
(C) Disapprove the request.
(3) To approve a request for approval, the director must
find that the bank or holding company:
(a) Will operate in a safe and sound manner; and
(b) Has the following characteristics:
(i) The certificate of formation and limited liability company require or set forth that the duration of the limited liability company is perpetual;
(ii) The bank or holding company is not otherwise subject to automatic termination, dissolution, or suspension upon
the happening of some event other than the passage of time;
(iii) The exclusive authority to manage the bank or holding company is vested in a board of managers or directors
that:
(A) Is elected or appointed by the owners;
(B) Is not required to have owners of the bank or holding
company included on the board;
(C) Possesses adequate independence and authority to
supervise the operation of the bank or holding company; and
(D) Operates with substantially the same rights, powers,
privileges, duties, and responsibilities as the board of directors of a corporation;
(iv) Neither state law, nor the bank’s or holding company’s operating agreement, bylaws, or other organizational
documents provide that an owner of the bank or holding company is liable for the debts, liabilities, and obligations of the
bank or holding company in excess of the amount of the
owner’s investment;
(v) Neither state law, nor the bank’s or holding company’s operating agreement, bylaws, or other organizational
documents require the consent of any other owner of the bank
or holding company in order for any owner to transfer an
ownership interest in the bank or holding company, including
voting rights;
(vi) The bank or holding company is able to obtain new
investment funding if needed to maintain adequate capital;
(vii) The bank or holding company is able to comply
with all legal and regulatory requirements for a federally
insured depository bank, or holding company of a federally
insured depository bank, under applicable federal and state
law; and
[Title 30 RCW—page 19]
30.08.030
Title 30 RCW: Banks and Trust Companies
(viii) A bank or holding company that is organized as a
limited liability company shall maintain the characteristics
listed in this subsection (3)(b) during such time as it is authorized to conduct business under this title as a limited liability
company.
(4)(a) All rights, privileges, powers, duties, and obligations of a bank or holding company, that is organized as a
limited liability company, and its members and managers are
governed by the Washington limited liability company act,
chapter 25.15 RCW, except:
(i) To the extent chapter 25.15 RCW is in conflict with
federal law or regulation respecting the organization of a federally insured depository institution as a limited liability
company, such federal law or regulation supersedes the conflicting provisions contained in chapter 25.15 RCW in relation to a bank or holding company organized as a limited liability company pursuant to this section; and
(ii) Without limitation, the following are inapplicable to
a bank or holding company organized as a limited liability
company:
(A) Permitting automatic dissolution or suspension of a
limited liability company as set forth in RCW 25.15.270(1),
pursuant to a statement of limited duration which, though
impermissible under subsection (3)(b)(i) of this section, has
been provided for in a certificate of formation;
(B) Permitting automatic dissolution or suspension of a
limited liability company, pursuant to the limited liability
company agreement, as set forth in RCW 25.15.270(2);
(C) Permitting dissolution of the limited liability company agreement based upon agreement of all the members, as
set forth in RCW 25.l5.270(3);
(D) Permitting dissociation of all the members of the
limited liability company, as set forth in RCW 25.l5.270(4);
and
(E) Permitting automatic dissolution or suspension of a
limited liability company, pursuant to operation of law, as
otherwise set forth in chapter 25.15 RCW.
(b) Notwithstanding (a) of this subsection:
(i) For purposes of transferring a member’s interests in
the bank or holding company, a member’s interest in the bank
or holding company is treated like a share of stock in a corporation; and
(ii) If a member’s interest in the bank or holding company is transferred voluntarily or involuntarily to another person, the person who receives the member’s interest obtains
the member’s entire rights associated with the member’s
interest in the bank or holding company including, all economic rights and all voting rights.
(c) A bank or holding company may not by agreement or
otherwise change the application of (a) of this subsection to
the bank or holding company.
(5)(a) Notwithstanding any provision of chapter 25.15
RCW or this section to the contrary, all voting members
remain liable and responsible as fiduciaries of a bank or holding company organized as a limited liability company,
regardless of resignation, dissociation, or disqualification, to
the same extent that directors of a bank or holding company
organized as a corporation would be or remain liable or
responsible to the department and applicable federal banking
regulators; and
[Title 30 RCW—page 20]
(b) If death, incapacity, or disqualification of all members of the limited liability company would result in a complete dissociation of all members, then the bank or holding
company, or both, as applicable is deemed nonetheless to
remain in existence for purposes of the department or an
applicable federal regulator, or both, having standing under
RCW 30.44.270 or applicable federal law, or both, to exercise the powers and authorities of a receiver for the bank or
holding company.
(6) For the purposes of this section, and unless the context clearly requires otherwise, for the purpose of applying
chapter 25.15 RCW to a bank or holding company organized
as a limited liability company:
(a) "Articles of incorporation" includes a limited liability
company’s certificate of formation, as that term is used in
RCW 25.15.005(1) and 25.15.070, and a limited liability
compa ny agree m ent as t h at te rm i s use d in RC W
25.15.005(5);
(b) "Board of directors" includes one or more persons
who have, with respect to a bank or holding company
described in subsection (1) of this section, authority that is
substantially similar to that of a board of directors of a corporation;
(c) "Bylaws" includes a limited liability company agreement as that term is defined in RCW 25.15.005(5);
(d) "Corporation" includes a limited liability company
organized under chapter 25.15 RCW;
(e) "Director" includes any of the following of a limited
liability company:
(i) A manager;
(ii) A director; or
(iii) Other person who has, with respect to the bank or
holding company described in subsection (1) of this section,
authority substantially similar to that of a director of a corporation;
(f) "Dividend" includes distributions made by a limited
liability company under RCW 25.15.215;
(g) "Incorporator" includes the person or persons executing the certificate of formation as provided in RCW
25.15.085(1);
(h) "Officer" includes any of the following of a bank or
holding company:
(i) An officer; or
(ii) Other person who has, with respect to the bank or
holding company, authority substantially similar to that of an
officer of a corporation;
(i) "Security," "shares," or "stock" of a corporation
includes a membership interest in a limited liability company
and any certificate or other evidence of an ownership interest
in a limited liability company; and
(j) "Stockholder" or "shareholder" includes an owner of
an equity interest in a bank or holding company, including a
member as defined in RCW 25.15.005(8) and 25.15.115.
[2006 c 48 § 2.]
30.08.030 Investigation. When the notice of intention
to organize and proposed articles of incorporation complying
with the foregoing requirements have been received by the
director, together with the fees required by law, the director
shall ascertain from the best source of information at his or
her command and by such investigation as he or she may
30.08.030
(2010 Ed.)
Organization and Powers
deem necessary, whether the character, responsibility and
general fitness of the persons named in such articles are such
as to command confidence and warrant belief that the business of the proposed bank or trust company will be honestly
and efficiently conducted in accordance with the intent and
purpose of this title, whether the resources in the neighborhood of such place and in the surrounding country afford a
reasonable promise of adequate support for the proposed
bank and whether the proposed bank or trust company is
being formed for other than the legitimate objects covered by
this title. [1994 c 92 § 44; 1973 1st ex.s. c 104 § 5; 1955 c 33
§ 30.08.030. Prior: 1929 c 72 § 3, part; 1923 c 115 § 5, part;
1917 c 80 § 22, part; RRS § 3229, part.]
30.08.040 Notice to file articles—Articles approved
or refused—Hearing. After the director is satisfied of the
above facts, and, within six months of the date the notice of
intention to organize has been received in his or her office,
the director shall notify the incorporators to file executed articles of incorporation with the director in triplicate. Unless the
director otherwise consents in writing, such articles shall be
in the same form and shall contain the same information as
the proposed articles and shall be filed with the director
within ten days of such notice. Within thirty days after the
receipt of such articles of incorporation, the director shall
endorse upon each of the triplicates thereof, over his or her
official signature, the word "approved," or the word
"refused," with the date of such endorsement. In case of
refusal the director shall forthwith return one of the triplicates, so endorsed, together with a statement explaining the
reason for refusal to the person from whom the articles were
received, which refusal shall be conclusive, unless the incorporators, within ten days of the issuance of such notice of
refusal, shall request a hearing pursuant to the Administrative
Procedure Act, chapter 34.05 RCW, as now or hereafter
amended. [1995 c 134 § 4. Prior: 1994 c 256 § 43; 1994 c 92
§ 45; 1981 c 302 § 15; 1973 1st ex.s. c 104 § 6; 1955 c 33 §
30.08.040; prior: 1929 c 72 § 3, part; 1923 c 115 § 5, part;
1917 c 80 § 22, part; RRS § 3229, part.]
30.08.040
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
30.08.050 Approved articles to be filed and
recorded—Organization complete. In case of approval the
director shall forthwith give notice thereof to the proposed
incorporators and file one of the triplicate articles of incorporation in his or her own office, and shall transmit another triplicate to the secretary of state, and the last to the incorporators. Upon receipt from the proposed incorporators of the
same fees as are required for filing and recording other articles of incorporation the secretary of state shall file such articles and record the same. Upon the filing of articles of incorporation approved as aforesaid by the director, with the secretary of state, all persons named therein and their successors
shall become and be a corporation, which shall have the powers and be subject to the duties and obligations prescribed by
this title, and whose existence shall continue from the date of
the filing of such articles until terminated pursuant to law; but
such corporation shall not transact any business except as is
necessarily preliminary to its organization until it has
30.08.050
(2010 Ed.)
30.08.060
received a certificate of authority as provided herein. [1994 c
92 § 46; 1986 c 279 § 19; 1981 c 302 § 16; 1957 c 248 § 2;
1955 c 33 § 30.08.050. Prior: 1929 c 72 § 3, part; 1923 c 115
§ 5, part; 1917 c 80 § 22, part; RRS § 3229, part.]
Additional notes found at www.leg.wa.gov
30.08.055 Amending articles—Filing with director—
Contents. A bank or trust company amending its articles of
incorporation shall deliver articles of amendment to the
director for filing as required for articles of incorporation.
The articles of amendment shall set forth:
(1) The name of the bank or trust company;
(2) The text of each amendment adopted;
(3) The date of each amendment’s adoption;
(4) If the amendment was adopted by the incorporators
or board of directors without shareholder action, a statement
to that effect and that shareholder action was not required;
and
(5) If shareholder action was required, a statement that
the amendment was duly approved by the shareholders in
accordance with the provisions of RCW 30.08.090. [1994 c
256 § 53.]
30.08.055
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.060 Certificate of authority—Issuance—Contents. Before any bank or trust company shall be authorized
to do business, and within ninety days after approval of the
articles of incorporation or such other time as the director
may allow, it shall furnish proof satisfactory to the director
that such corporation has a paid-in capital in the amount
determined by the director, that the requisite surplus or
reserve fund has been accumulated or paid in cash, and that it
has in good faith complied with all the requirements of law
and fulfilled all the conditions precedent to commencing
business imposed by this title. If so satisfied, and within thirty
days after receipt of such proof, the director shall issue under
his or her hand and official seal, in triplicate, a certificate of
authority for such corporation. The certificate shall state that
the corporation therein named has complied with the requirements of law, that it is authorized to transact the business of a
bank or trust company, or both, as the case may be: PROVIDED, HOWEVER, That the director may make his or her
issuance of the certificate to a bank or trust company authorized to accept deposits, conditional upon the granting of
deposit insurance by the federal deposit insurance corporation, and in such event, shall set out such condition in a written notice which shall be delivered to the corporation.
One of the triplicate certificates shall be transmitted by
the director to the corporation and one of the other two shall
be filed by the director in the office of the secretary of state
and shall be attached to the articles of incorporation: PROVIDED, HOWEVER, That if the issuance of the certificate is
made conditional upon the granting of deposit insurance by
the federal deposit insurance corporation, the director shall
not transmit or file the certificate until such condition is satisfied. [1994 c 92 § 47; 1986 c 279 § 20; 1981 c 302 § 17; 1973
1st ex.s. c 104 § 7; 1955 c 33 § 30.08.060. Prior: 1929 c 72 §
3, part; 1923 c 115 § 5, part; 1917 c 80 § 22, part; RRS §
3229, part.]
30.08.060
Additional notes found at www.leg.wa.gov
[Title 30 RCW—page 21]
30.08.070
Title 30 RCW: Banks and Trust Companies
30.08.070 Failure to commence business—Effect—
Extension of time. Every corporation heretofore or hereafter
authorized by the laws of this state to do business as a bank or
trust company, which corporation shall have failed to organize and commence business within six months after certificate of authority to commence business has been issued by
the director, shall forfeit its rights and privileges as such corporation, which fact the director shall certify to the secretary
of state, and such certificate of forfeiture shall be filed and
recorded in the office of the secretary of state in the same
manner as the certificate of authority: PROVIDED, That the
director may, upon showing of cause satisfactory to him or
her, issue an order under his or her hand and seal extending
for not more than three months the time within which such
organization may be effected and business commenced, such
order to be transmitted to the office of the secretary of state
and filed and recorded therein. [1994 c 92 § 48; 1986 c 279
§ 21; 1981 c 302 § 18; 1955 c 33 § 30.08.070. Prior: 1931 c
9 § 1; RRS § 3229-1; 1915 c 175 § 41; RRS § 3370.]
30.08.070
Additional notes found at www.leg.wa.gov
30.08.080 Extension of existence—Application—
Investigation—Certificate—Appeal—Winding up for
failure to continue existence. At any time not less than one
year prior to the expiration of the time of the existence of any
bank or trust company, it may by written application to the
director, signed and verified by a majority of its directors and
approved in writing by the owners of not less than two-thirds
of its capital stock, apply to the director for leave to file
amended articles of incorporation, extending its time of existence. Prior to acting upon such application, the director shall
make such investigation of the applicant as he or she deems
necessary. If the director determines that the applicant is in
sound condition, that it is conducting its business in a safe
manner and in compliance with law and that no reason exists
why it should not be permitted to continue, he or she shall
issue to the applicant a certificate authorizing it to file
amended articles of incorporation extending the time of its
existence until such time as it be dissolved by the act of its
shareholders owning not less than two-thirds of its stock, or
until its certificate of authority becomes revoked or forfeited
by reason of violation of law, or until its affairs be taken over
by the director for legal cause and finally wound up by him or
her. Otherwise the director shall notify the applicant that he
or she refuses to grant such certificate. The applicant may
appeal from such refusal in the same manner as in the case of
a refusal to grant an original certificate of authority. Otherwise the determination of the director shall be conclusive.
Upon receiving a certificate, as hereinabove provided,
the applicant may file amended articles of incorporation,
extending the time of its existence for the term authorized, to
which shall be attached a copy of the certificate of the director. Such articles shall be filed in the same manner and upon
payment of the same fees as for original articles of incorporation.
Should any bank or trust company fail to continue its
existence in the manner herein provided and be not previously dissolved, the director shall at the end of its original
term of existence immediately take possession thereof and
wind up the same in the same manner as in the case of insolvency. [1999 c 14 § 12; 1994 c 92 § 49; 1961 c 280 § 1; 1955
30.08.080
[Title 30 RCW—page 22]
c 33 § 30.08.080. Prior: 1943 c 148 § 1; 1917 c 80 § 27; Rem.
Supp. 1943 § 3234.]
Additional notes found at www.leg.wa.gov
30.08.081 Shares—Certificates not required. (1)
Shares of a bank or trust company may, but need not be, represented by certificates. Unless this title expressly provides
otherwise, the rights and obligations of shareholders are identical whether or not their shares are represented by certificates. At a minimum, each share certificate must state the
information required to be stated and must be signed as provided in RCW 23B.06.250 and/or 23B.06.270 for corporations.
(2) Unless the articles of incorporation or bylaws provide
otherwise, the board of directors of a bank or trust company
may authorize the issue of some or all of the shares of any or
all of its classes or series without certificates. The authorization does not affect shares already represented by certificates
until they are surrendered to the bank or trust company.
(3) Within a reasonable time after the issue or transfer of
shares without certificates, the bank or trust company shall
send the shareholder a written statement of the information
required to be stated on certificates under subsection (1) of
this section. [1994 c 256 § 52.]
30.08.081
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.082 Authority to issue preferred or special
classes of stock. (1) Notwithstanding any other provisions of
law and if so authorized by its articles of incorporation or
amendments thereto made in the manner provided in the case
of a capital increase, any bank or trust company may, pursuant to action taken by its board of directors from time to time
with the approval of the director, issue shares of preferred or
special classes of stock with the attributes and in such
amounts and with such par value, if any, as shall be determined by the board of directors from time to time with the
approval of the director. No increase of preferred stock shall
be valid until the amount thereof shall have been subscribed
and actually paid in.
(2) If provided in its articles of incorporation, a bank or
trust company may issue shares of preferred or special classes
having any one or several of the following provisions:
(a) Subjecting the shares to the right of the bank or trust
company to repurchase or retire any such shares at the price
fixed by the articles of incorporation for the repurchase or
retirement thereof;
(b) Entitling the holders thereof to cumulative, noncumulative, or partially cumulative dividends;
(c) Having preference over any other class or classes of
shares as to the payment of dividends;
(d) Having preference in the assets of the bank or trust
company over any other class or classes of shares upon the
voluntary or involuntary liquidation of the bank or trust company;
(e) Having voting or nonvoting rights; and
(f) Being convertible into shares of any other class or
into shares of any series of the same or any other class, except
a class having prior or superior rights and preferences as to
dividends or distribution of assets upon liquidation. [1994 c
256 § 44; 1994 c 92 § 50; 1986 c 279 § 22; 1981 c 89 § 4.]
30.08.082
(2010 Ed.)
Organization and Powers
Reviser’s note: This section was amended by 1994 c 92 § 50 and by
1994 c 256 § 44, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
30.08.083 Authority to divide classes into series—
Rights and preferences—Filing of statement. (1) If the
articles of incorporation shall expressly vest authority in the
board of directors, then, to the extent that the articles of incorporation shall not have established series, and fixed and
determined the variations in the relative rights and preferences as between series, the board of directors have authority
to divide any or all of the classes into series and, within the
limitation set forth in this section and in the articles of incorporation, fix and determine the relative rights and preferences
of the shares of any series so established.
(2) In order for the board of directors to establish a
series, where authority to do so is contained in the articles of
incorporation, the board of directors shall adopt a resolution
setting forth the designation of the series and fixing and
determining the relative rights and preferences thereof, or so
much thereof as is not fixed and determined by the articles of
incorporation.
(3) Prior to the issue of any shares of a series established
by resolution adopted by the board of directors, the corporation shall file and execute in the manner provided in this section a statement setting forth:
(a) The name of the bank;
(b) A copy of the resolution establishing and designating
the series, and fixing and determining the relative rights and
preferences thereof;
(c) The date of adoption of such resolution; and
(d) That the resolution was duly adopted by the board of
directors.
(4) The statement shall be executed in triplicate by the
bank by one of its officers and shall be delivered to the director. If the director finds that the statement conforms to law,
the director shall, when all fees have been paid as provided in
this title:
(a) Endorse on each of the triplicate originals the word
"Filed," and the effective date of the filing thereof;
(b) File two of the originals; and
(c) Return the other original to the bank or its representative.
(5) Upon the filing of the statement by the director with
the secretary of state, the resolution establishing and designating the series and fixing and determining the relative
rights and preferences thereof shall become effective and
shall constitute an amendment of the articles of incorporation. [1994 c 92 § 51; 1986 c 279 § 23.]
30.08.083
30.08.084 Rights of holders of preferred or special
classes of stock—Preference in dividends and liquidation.
Notwithstanding any other provisions of law, whether relating to restriction upon the payment of dividends upon capital
stock or otherwise, the holders of shares of preferred or special classes of stock shall be entitled to receive such dividends on the purchase price received by the bank or trust
company for such stock as may be provided by the articles of
30.08.084
(2010 Ed.)
30.08.090
incorporation or by the board of directors of the bank or trust
company with the approval of the director.
No dividends shall be declared or paid on common stock
until cumulative dividends, if any, on the shares of preferred
or special classes of stock shall have been paid in full; and, if
the director takes possession of a bank or trust company for
purposes of liquidation, no payments shall be made to the
holders of the common stock until the holders of the shares of
preferred or special classes of stock shall have been paid in
full such amount as may be provided under the terms of said
shares plus all accumulated dividends, if any. [1994 c 92 §
52; 1986 c 279 § 24; 1981 c 89 § 5.]
Additional notes found at www.leg.wa.gov
30.08.086 Determination of capital impairment when
capital consists of preferred stock. If any part of the capital
of a bank and trust company consists of preferred stock, the
determination of whether or not the capital of such bank is
impaired and the amount of such impairment shall be based
on the value of its stock as established at the time it was
issued, or its par value, if any, even though the amount which
the holders of such preferred stock shall be entitled to receive
in the event of retirement or liquidation shall be in excess of
the originally established value or the par value of such preferred stock. [1986 c 279 § 25; 1981 c 89 § 6.]
30.08.086
Additional notes found at www.leg.wa.gov
30.08.087 Authorized but unissued shares of capital
stock—Issuance—Consideration. Any bank or trust company may provide in its articles of incorporation or amendments thereto for authorized but unissued shares of its capital
stock. The shares may be issued for such consideration as
shall be established by the board from time to time and all
consideration received therefor shall be allocated to the capital stock or surplus of the corporation. [1994 c 256 § 45;
1986 c 279 § 26; 1979 c 106 § 1; 1965 c 140 § 1.]
30.08.087
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.088 Authorized but unissued shares of capital
stock—When shares become part of capital stock. The
authorized but unissued shares shall not become a part of the
capital stock until they have been issued and paid for. [1994
c 256 § 46; 1994 c 92 § 53; 1986 c 279 § 27; 1979 c 106 § 2;
1965 c 140 § 2.]
30.08.088
Reviser’s note: This section was amended by 1994 c 92 § 53 and by
1994 c 256 § 46, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.090 Amendment of articles—Procedure.
Unless the articles of incorporation provide otherwise, the
board of directors of a bank or trust company may, by majority vote, amend the bank or trust company’s articles of incorporation without shareholder action as follows:
(1) If the bank or trust company has only one class of
shares outstanding, to provide, change, or eliminate any provision with respect to the par value of any class of shares;
(2) To delete the name and address of the initial directors;
30.08.090
[Title 30 RCW—page 23]
30.08.092
Title 30 RCW: Banks and Trust Companies
(3) If the bank or trust company has only one class of
shares outstanding, solely to change the number of authorized
shares to effectuate a split of, or stock dividend in, the bank
or trust company’s own shares, or solely to do so and to
change the number of authorized shares in proportion thereto;
(4) To change the bank or trust company’s name; or
(5) To make any other change expressly permitted by
this title to be made without shareholder action.
Other amendments to a bank or trust company’s articles
of incorporation, in a manner not inconsistent with the provisions of this title, require the affirmative vote of the stockholders representing two-thirds of each class of shares entitled to vote under the terms of the shares at a regular meeting,
or special meeting duly called for that purpose in the manner
prescribed by the bank or trust company’s bylaws. No
amendment shall be made whereby a bank becomes a trust
company unless such bank first receives permission from the
director. [1994 c 256 § 47; 1994 c 92 § 54; 1987 c 420 § 3;
1986 c 279 § 28; 1965 c 140 § 3; 1955 c 33 § 30.08.090.
Prior: 1923 c 115 § 7; 1917 c 80 § 26; RRS § 3233.]
Reviser’s note: This section was amended by 1994 c 92 § 54 and by
1994 c 256 § 47, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.092 Increase or decrease of capital stock authorized. A bank or trust company may increase or decrease its
capital stock by amendment to its articles of incorporation.
No issuance of capital stock shall be valid, until the amount
thereof shall have been actually paid in. No reduction of the
capital stock shall be made to an amount less than is required
for capital by the director. [1994 c 256 § 48; 1994 c 92 § 55;
1987 c 420 § 4.]
30.08.092
Reviser’s note: This section was amended by 1994 c 92 § 55 and by
1994 c 256 § 48, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.08.095 Schedule of fees to be established. The
director shall collect fees for the following services:
For filing application for certificate of authority and
attendant investigation as outlined in the law;
For filing application for certificate conferring trust
powers upon a state or national bank;
For filing articles of incorporation, or amendments
thereof, or other certificates required to be filed in his or her
office;
For filing merger agreement and attendant investigation;
For filing application to relocate main office or branch
and attendant investigation;
For issuing each certificate of authority;
For furnishing copies of papers filed in his or her office,
per page.
The director shall establish the amount of the fee for
each of the above transactions, and for other services rendered.
Every bank or trust company shall also pay to the secretary of state for filing any instrument with him or her the
same fees as are required of general corporations for filing
30.08.095
[Title 30 RCW—page 24]
corresponding instruments, and also the same license fees as
are required of general corporations. [1995 c 134 § 5. Prior:
1994 c 256 § 49; 1994 c 92 § 56; 1981 c 302 § 19; 1973 1st
ex.s. c 104 § 8; 1969 c 136 § 4; 1955 c 33 § 30.08.095; prior:
1929 c 72 § 1; 1923 c 115 § 1; 1917 c 80 § 12; RRS § 3219.
Formerly RCW 30.04.080.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Indemnification of directors, officers, employees, etc. by corporation authorized: RCW 23B.08.320, 23B.08.500 through 23B.08.580,
23B.08.600, and 23B.17.030.
Additional notes found at www.leg.wa.gov
30.08.140 Corporate powers of banks. Upon the issuance of a certificate of authority to a bank, the persons named
in the articles of incorporation and their successors shall
thereupon become a corporation and shall have power:
(1) To adopt and use a corporate seal.
(2) To have perpetual succession.
(3) To make contracts.
(4) To sue and be sued, the same as a natural person.
(5) To elect directors who, subject to the provisions of
the corporation’s bylaws, shall have power to appoint such
officers as may be necessary or convenient, to define their
powers and duties and to dismiss them at pleasure, and who
shall also have general supervision and control of the affairs
of such corporation.
(6) To make and alter bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for the
administration and regulation of its affairs.
(7) To invest and reinvest its funds in marketable obligations evidencing the indebtedness of any person, copartnership, association, or corporation in the form of bonds, notes,
or debentures commonly known as investment securities
except as may by regulation be limited by the director.
(8) To discount and negotiate promissory notes, drafts,
bills of exchange and other evidences of debt, to receive
deposits of money and commercial paper, to lend money
secured or unsecured, to issue all forms of letters of credit, to
buy and sell bullion, coins and bills of exchange.
(9) To take and receive as bailee for hire upon terms and
conditions to be prescribed by the corporation, for safekeeping and storage, jewelry, plate, money, specie, bullion,
stocks, bonds, mortgages, securities and valuable paper of
any kind and other valuable personal property, and to rent
vaults, safes, boxes and other receptacles for safekeeping and
storage of personal property.
(10) If the bank be located in a city of not more than five
thousand inhabitants, to act as insurance agent. A bank exercising this power may continue to act as an insurance agent
notwithstanding a change of the population of the city in
which it is located.
(11) To accept drafts or bills of exchange drawn upon it
having not more than six months sight to run, which grow out
of transactions involving the importation or exportation of
goods; or which grow out of transactions involving the
domestic shipment of goods, providing shipping documents
conveying or securing title are attached at the time of acceptance; or which are secured at the time of acceptance by a
warehouse receipt or other such document conveying or
securing title to readily marketable staples. No bank shall
accept, either in a foreign or a domestic transaction, for any
30.08.140
(2010 Ed.)
Organization and Powers
one person, company, firm or corporation, to an amount
equal at any one time in the aggregate to more than ten percent of its paid up and unimpaired capital stock and surplus
unless the bank is secured by attached documents or by some
other actual security growing out of the same transaction as
the acceptance; and no bank shall accept such bills to an
amount equal at any time in the aggregate to more than onehalf of its paid up and unimpaired capital stock and surplus:
PROVIDED, HOWEVER, That the director, under such general regulations applicable to all banks irrespective of the
amount of capital or surplus, as the director may prescribe
may authorize any bank to accept such bills to an amount not
exceeding at any time in the aggregate one hundred percent
of its paid up and unimpaired capital stock and surplus:
PROVIDED, FURTHER, That the aggregate of acceptances
growing out of domestic transactions shall in no event exceed
fifty percent of such capital stock and surplus.
(12) To accept drafts or bills of exchange drawn upon it,
having not more than three months sight to run, drawn under
regulations to be prescribed by the director by banks or bankers in foreign countries or dependencies or insular possessions of the United States for the purpose of furnishing dollar
exchange as required by the usages of trade in the respective
countries, dependencies or insular possessions. Such drafts or
bills may be acquired by banks in such amounts and subject
to such regulations, restrictions and limitations as may be
provided by the director: PROVIDED, HOWEVER, That no
bank shall accept such drafts or bills of exchange referred to
in this subdivision for any one bank to an amount exceeding
in the aggregate ten percent of the paid up and unimpaired
capital and surplus of the accepting bank unless the draft or
bill of exchange is accompanied by documents conveying or
securing title or by some other adequate security, and that no
such drafts or bills of exchange shall be accepted by any bank
in an amount exceeding at any time the aggregate of one-half
of its paid up and unimpaired capital and surplus: PROVIDED FURTHER, That compliance by any bank which is a
member of the federal reserve system of the United States
with the rules, regulations and limitations adopted by the federal reserve board thereof with respect to the acceptance of
drafts or bills of exchange by members of such federal
reserve system shall be a sufficient compliance with the
requirements of this subdivision or paragraph relating to
rules, regulations and limitations prescribed by the director.
(13) To have and exercise all powers necessary or convenient to effect its purposes.
(14) To serve as custodian of an individual retirement
account and pension and profit sharing plans qualified under
internal revenue code section 401(a), the assets of which are
invested in deposits of the bank or trust company or are
invested, pursuant to directions from the customer owning
the account, in securities traded on a national securities market: PROVIDED, That the bank or trust company shall
accept no investment responsibilities over the account unless
it is granted trust powers by the director.
(15) To be a limited partner in a limited partnership that
engages in only such activities as are authorized for the bank.
(16) To exercise any other power or authority permissible under applicable state or federal law conducted by out-ofstate state banks with branches in Washington to the same
extent if, in the opinion of the director, those powers and
(2010 Ed.)
30.08.150
authorities affect the operations of banking in Washington or
affect the delivery of financial services in Washington. [1996
c 2 § 5; 1994 c 92 § 58; 1986 c 279 § 29; 1957 c 248 § 3; 1955
c 33 § 30.08.140. Prior: 1931 c 127 § 1; 1919 c 209 § 8; 1917
c 80 § 23; RRS § 3230.]
Additional notes found at www.leg.wa.gov
30.08.150 Corporate powers of trust companies.
Upon the issuance of a certificate of authority to a trust company, the persons named in the articles of incorporation and
their successors shall thereupon become a corporation and
shall have power:
(1) To execute all the powers and possess all the privileges conferred on banks.
(2) To act as fiscal or transfer agent of the United States
or of any state, municipality, body politic or corporation and
in such capacity to receive and disburse money.
(3) To transfer, register and countersign certificates of
stock, bonds or other evidences of indebtedness and to act as
attorney-in-fact or agent of any corporation, foreign or
domestic, for any purpose, statutory or otherwise.
(4) To act as trustee under any mortgage, or bonds,
issued by any municipality, body politic, or corporation, foreign or domestic, or by any individual, firm, association or
partnership, and to accept and execute any municipal or corporate trust.
(5) To receive and manage any sinking fund of any corporation upon such terms as may be agreed upon between
such corporation and those dealing with it.
(6) To collect coupons on or interest upon all manner of
securities, when authorized so to do, by the parties depositing
the same.
(7) To accept trusts from and execute trusts for married
persons in respect to their separate property and to be their
agent in the management of such property and to transact any
business in relation thereto.
(8) To act as receiver or trustee of the estate of any person, or to be appointed to any trust by any court, to act as
assignee under any assignment for the benefit of creditors of
any debtor, whether made pursuant to statute or otherwise,
and to be the depositary of any moneys paid into court.
(9) To be appointed and to accept the appointment of
executor of, or trustee under, the last will and testament, or
administrator with or without the will annexed, of the estate
of any deceased person and to be appointed and to act as
guardian of the estate of lunatics, idiots, persons of unsound
mind, minors and habitual drunkards: PROVIDED, HOWEVER, That the power hereby granted to trust companies to
act as guardian or administrator, with or without the will
annexed, shall not be construed to deprive parties of the prior
right to have issued to them letters of guardianship, or of
administration, as such right now exists under the law of this
state.
(10) To execute any trust or power of whatever nature or
description that may be conferred upon or entrusted or committed to it by any person or by any court or municipality,
foreign or domestic corporation and any other trust or power
conferred upon or entrusted or committed to it by grant,
assignment, transfer, devise, bequest or by any other authority and to receive, take, use, manage, hold and dispose of,
30.08.150
[Title 30 RCW—page 25]
30.08.155
Title 30 RCW: Banks and Trust Companies
according to the terms of such trusts or powers any property
or estate, real or personal, which may be the subject of any
such trust or power.
(11) Generally to execute trusts of every description not
inconsistent with law.
(12) To purchase, invest in and sell promissory notes,
bills of exchange, bonds, debentures and mortgages and
when moneys are borrowed or received for investment, the
bonds or obligations of the company may be given therefor,
but no trust company hereafter organized shall issue such
bonds: PROVIDED, That no trust company which receives
money for investment and issues the bonds of the company
therefor shall engage in the business of banking or receiving
of either savings or commercial deposits: AND PROVIDED,
That it shall not issue any bond covering a period of more
than ten years between the date of its issuance and its maturity date: AND PROVIDED FURTHER, That if for any
cause, the holder of any such bond upon which one or more
annual rate installments have been paid, shall fail to pay the
subsequent annual rate installments provided in said bond
such holder shall, on or before the maturity date of said bond,
be paid not less than the full sum which he has paid in on
account of said bond. [1973 1st ex.s. c 154 § 48; 1955 c 33 §
30.08.150. Prior: 1929 c 72 § 4, part; 1923 c 115 § 6, part;
1921 c 94 § 1, part; 1917 c 80 § 24, part; RRS § 3231, part.]
Additional notes found at www.leg.wa.gov
30.08.155 Powers and authorities of trust companies—Federally chartered trust companies—Findings of
director. Notwithstanding any restrictions, limitations, and
requirements of law, in addition to all powers, express or
implied, that a trust company has under the laws of this state,
a trust company shall have the powers and authorities conferred as of June 11, 1998, upon a federally chartered trust
company doing business in this state. A trust company may
exercise the powers and authorities conferred on a federally
chartered trust company after this date only if the director
finds that the exercise of such powers and authorities:
(1) Serves the convenience and advantage of trustors;
and
(2) Maintains the fairness of competition and parity
between state-chartered trust companies and federally chartered trust companies.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance and operational matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of federally chartered
trust companies shall apply to trust companies exercising
those powers or authorities permitted under this section but
only insofar as the restrictions, limitations, and requirements
relate to exercising the powers or authorities granted trust
companies solely under this section. [1998 c 45 § 2.]
30.08.155
30.08.160 Report of bond liability—Collateral. Any
trust company receiving moneys for investment, and for
which it shall give its bonds as in RCW 30.08.150(12) provided, shall within ten days after any regular report is called
for from banks or trust companies by the director, make a
statement of its total liability, on all bonds issued and then in
30.08.160
[Title 30 RCW—page 26]
force, certified by its board of directors, and shall at the same
time deposit with the state treasurer, for the benefit of the
holders of such bonds or obligations, sufficient securities or
money so that it will have on deposit with said state treasurer
a sufficient amount of said securities, which may be
exchanged for other securities as necessity may require, or
money to, at any time, pay all of said liability. In the event of
its failure to make such deposits, it shall cease doing such
business: PROVIDED, That whenever money shall have
been deposited with the treasurer, it may be withdrawn at any
time upon a like amount of securities being deposited in its
stead: AND PROVIDED FURTHER, That the securities
deposited shall consist of such securities as are by this title
permitted for the investment of trust funds. [1994 c 92 § 59;
1955 c 33 § 30.08.160. Prior: 1917 c 80 § 25; RRS § 3232.]
30.08.170 Securities may be held in name of nominee.
Any trust company incorporated under the laws of this state
and any national banking association authorized to act in a
fiduciary capacity in this state, when acting in a fiduciary
capacity, either alone or jointly with an individual or individuals, may, with the consent of such individual fiduciary or
fiduciaries, who are hereby authorized to give such consent,
cause any stocks, securities, or other property now held or
hereafter acquired to be registered and held in the name of a
nominee or nominees of such corporate or association fiduciary without mention of the fiduciary relationship. Any such
fiduciary shall be liable for any loss occasioned by the acts of
any of its nominees with respect to such stocks, securities or
other property so registered. [1955 c 33 § 30.08.170. Prior:
1947 c 146 § 1; Rem. Supp. 1947 § 3292b.]
30.08.170
30.08.180 Reports of resources and liabilities. Every
bank and trust company shall make at least three regular
reports each year to the director, as of the dates which he or
she shall designate, according to form prescribed by him or
her, verified by the president, manager or cashier and attested
by at least two directors, which shall exhibit under appropriate heads the resources and liabilities of such corporation.
The dates designated by the director shall be the dates designated by the comptroller of the currency of the United States
for reports of national banking associations.
Every such corporation shall also make such special
reports as the director shall call for. [1995 c 344 § 3; 1994 c
92 § 60; 1955 c 33 § 30.08.180. Prior: 1919 c 209 § 4; 1917
c 80 § 5; RRS § 3212.]
30.08.180
30.08.190 Time of filing—Availability—Penalty. (1)
Every regular report shall be filed with the director within
thirty days from the date of issuance of the notice. Every special report shall be filed with the director within such time as
shall be specified by him or her in the notice therefor.
(2) The director shall provide a copy of any regular
report free of charge to any person that submits a written
request for the report.
(3) Every bank and trust company which fails to file any
report, required to be filed under subsection (1) of this section
and within the time specified, shall be subject to a penalty of
fifty dollars per day for each day’s delay. A civil action for
the recovery of any such penalty may be brought by the attor30.08.190
(2010 Ed.)
Officers, Employees, and Stockholders
ney general in the name of the state. [1995 c 344 § 4; 1995 c
134 § 6. Prior: 1994 c 256 § 51; 1994 c 92 § 61; 1977 c 38 §
1; 1955 c 33 § 30.08.190; prior: 1917 c 80 § 6; RRS § 3213.]
Reviser’s note: This section was amended by 1995 c 134 § 6 and by
1995 c 344 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Chapter 30.12 RCW
OFFICERS, EMPLOYEES, AND STOCKHOLDERS
Chapter 30.12
Sections
30.12.010
30.12.020
30.12.025
30.12.030
30.12.040
30.12.0401
30.12.042
30.12.044
30.12.045
30.12.046
30.12.047
30.12.060
30.12.070
30.12.090
30.12.100
30.12.110
30.12.115
30.12.120
30.12.130
30.12.180
30.12.190
30.12.205
30.12.220
30.12.230
30.12.240
Directors—Election—Meetings—Oath—Vacancies.
Meetings, where held—Corporate records.
Rights of shareholder to examine and make extracts of
records—Penalty—Financial statements.
Fidelity bonds—Casualty insurance.
Removal of a board director, officer, or employee—Prohibiting participation in bank, trust company, or holding company affairs—Grounds—Notice.
Written notice of charges under RCW 30.12.042.
Removal of a director, officer, or employee or prohibiting participation in bank, trust company, or holding company
affairs—Notice contents—Hearing—Order of removal or
prohibition.
Removal of one or more directors of a bank, trust company, or
holding company—Effect upon quorum—Procedure.
Removal of delinquent officer or employee or prohibiting participation in bank or trust company affairs—Administrative
hearing—Judicial review.
Removal of delinquent officer or employee or prohibiting participation in bank or trust company affairs—Jurisdiction of
courts in enforcement or issuance of orders, injunctions or
judicial review.
Removal of a director, officer, or employee of a bank, trust
company, or holding company—Violation of final order—
Penalty.
Loans to officers or employees.
Unsafe loans and discounts to directors or officers.
False entries, statements, etc.—Penalty.
Destroying or secreting records—Penalty.
Commission, etc., for procuring loan—Penalty.
Transactions in which director or officer has an interest.
Loans to officers or employees from trust funds—Penalty.
Trust company as legal representative—Oath by officer.
Levy of assessments.
General penalty—Effect of conviction.
Stock purchase options—Incentive bonus contracts, stock purchase or bonus plans, and profit sharing plans.
Preemptive rights of shareholders to acquire unissued shares—
Articles of incorporation may limit or permit—Later acquisition.
Immunity of shareholders of bank insured by the federal
deposit insurance corporation.
Violations—Director liability.
30.12.010 Directors—Election—Meetings—Oath—
Vacancies. Every bank and trust company shall be managed
by not less than five directors, who need not be residents of
this state. Directors shall be elected by the stockholders and
hold office for such term as is specified in the articles of
incorporation, not exceeding three years, and until their successors are elected and have qualified. In the first instance the
directors shall be those named in the articles of incorporation
and afterwards, those elected at the annual meeting of the
stockholders to be held at least once each year on a day to be
specified by the bank’s or trust company’s bylaws. Shareholders may not cumulate their votes unless the articles of
incorporation specifically so provide. If for any cause no
election is held at that time, it may be held at an adjourned
meeting or at a subsequent meeting called for that purpose in
30.12.010
(2010 Ed.)
30.12.025
the manner prescribed by the corporation’s bylaws. The
directors shall meet at least once each quarter and whenever
required by the director. A majority of the then serving board
of directors shall constitute a quorum for the transaction of
business. At all stockholders’ meetings, each share shall be
entitled to one vote, unless the articles of incorporation provide otherwise. Any stockholder may vote in person or by
written proxy.
Each director, so far as the duty devolves upon him or
her, shall diligently and honestly administer the affairs of
such corporation and shall not knowingly violate or willingly
permit to be violated any provision of law applicable to such
corporation. Vacancies in the board of directors shall be filled
by the board. [1994 c 256 § 54; 1994 c 92 § 62; 1987 c 420 §
1; 1986 c 279 § 30; 1982 c 196 § 8; 1981 c 89 § 3; 1975 c 35
§ 1; 1969 c 136 § 8; 1957 c 190 § 1; 1955 c 33 § 30.12.010.
Prior: 1947 c 129 § 1; 1917 c 80 § 30; Rem. Supp. 1947 §
3237.]
Reviser’s note: This section was amended by 1994 c 92 § 62 and by
1994 c 256 § 54, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
30.12.020 Meetings, where held—Corporate records.
All meetings of the stockholders of any bank or trust company, except organization meetings and meetings held with
the consent of all stockholders, must be held in the county in
which the head office or any branch of the corporation is
located. Meetings of the directors of any bank or trust company may be held either within or without this state. Every
such corporation shall keep records in which shall be
recorded the names and residences of the stockholders
thereof, the number of shares held by each, and also the transfers of stock, showing the time when made, the number of
shares and by whom transferred. In all actions, suits and proceedings, said records shall be prima facie proof of the facts
shown therein. All of the corporate books, including the certificate book, stockholders’ ledger and minute book or a copy
thereof shall be kept at the corporation’s principal place of
business. Any books, record, and minutes may be in written
form or any other form capable of being converted to written
form within a reasonable time. [1994 c 256 § 55; 1986 c 279
§ 31; 1969 c 136 § 9; 1955 c 33 § 30.12.020. Prior: 1927 c
179 § 1; 1917 c 80 § 31; RRS § 3238.]
30.12.020
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.12.025 Rights of shareholder to examine and
make extracts of records—Penalty—Financial statements. Any person who has been a shareholder of record at
least six months immediately preceding his or her demand or
who is the holder of record of at least five percent of all the
outstanding shares of a bank or trust company, upon written
demand stating the purpose thereof, has the right to examine,
in person, or by agent or attorney, at any reasonable time or
times, for any proper purpose, the bank or trust company’s
minutes of the proceedings of its shareholders, its shareholder
records, and its existing publicly available records. The person is entitled to make extracts therefrom, except that the person is not entitled to view or make extracts of any portion of
30.12.025
[Title 30 RCW—page 27]
30.12.030
Title 30 RCW: Banks and Trust Companies
minutes that refer or relate to information which is confidential.
Any officer or agent who, or a bank or trust company
that, refuses to allow any such shareholder or his or her agent
or attorney, to examine and make extracts from its minutes of
the proceedings of its shareholders, record of shareholders, or
existing publicly available books and records, for any proper
purpose, shall be liable to the shareholder for actual damages
or other remedy afforded the shareholder by law.
It is a defense to any action for penalties under this section that the person suing therefor has, within two years: (1)
Sold or offered for sale any list of shareholders for shares of
such bank or trust company or any other bank or trust company; (2) aided or abetted any person in procuring any list of
shareholders for any such purpose; (3) improperly used any
information secured through any prior examination of existing publicly available books and records, or minutes, or
record of shareholders of such bank or trust company or any
other bank or trust company; or (4) not acted in good faith or
for a proper purpose in making his or her demand.
Nothing in this section impairs the power of any court of
competent jurisdiction, upon proof by a shareholder of proper
purpose, irrespective of the period of time during which the
shareholder has been a shareholder of record, and irrespective
of the number of shares held by him or her, to compel the production for examination by the shareholder of the existing
publicly available books and records, minutes, and record of
shareholders of a bank or trust company.
Upon the written request of any shareholder of a bank or
trust company, the bank or trust company shall mail to the
shareholder its most recent financial statements showing in
reasonable detail its assets and liabilities and the results of its
operations. As used in this section, "shareholder" includes the
holder of voting trust certificates for shares. [1986 c 279 §
32.]
30.12.030 Fidelity bonds—Casualty insurance. (1)
Except as otherwise permitted by the director under specified
terms and conditions, the board of directors of each bank and
trust company shall direct and require good and sufficient
surety company fidelity bonds issued by a company authorized to engage in the insurance business in the state of Washington on all active officers and employees, whether or not
they draw salary or compensation, which bonds shall provide
for indemnity to such bank or trust company, on account of
any losses sustained by it as the result of any dishonest, fraudulent or criminal act or omission committed or omitted by
them acting independently or in collusion or combination
with any person or persons. Such bonds may be individual,
schedule or blanket form, and the premiums therefor shall be
paid by the bank or trust company.
(2) The said directors shall also direct and require suitable insurance protection to the bank or trust company
against burglary, robbery, theft and other similar insurance
hazards to which the bank or trust company may be exposed
in the operations of its business on the premises or elsewhere.
The said directors shall be responsible for prescribing at
least once in each year the amount or penal sum of such
bonds or policies and the sureties or underwriters thereon,
after giving due consideration to all known elements and factors constituting such risk or hazard. Such action shall be
30.12.030
[Title 30 RCW—page 28]
recorded in the minutes of the board of directors. [1994 c 92
§ 63; 1986 c 279 § 33; 1955 c 33 § 30.12.030. Prior: 1947 c
132 § 1; 1927 c 224 § 1; 1917 c 80 § 32; Rem. Supp. 1947 §
3239.]
30.12.040 Removal of a board director, officer, or
employee—Prohibiting participation in bank, trust company, or holding company affairs—Grounds—Notice. (1)
The director may issue and serve a board director, officer, or
employee of a bank or trust company with written notice of
intent to remove the person from office or employment or to
prohibit the person from participating in the conduct of the
affairs of the bank or trust company or any other depository
institution, trust company, bank holding company, thrift
holding company, or financial holding company doing business in this state whenever, in the opinion of the director:
(a) Reasonable cause exists to believe the person has
committed a material violation of law, an unsafe and unsound
practice, or a violation or practice involving a breach of fiduciary duty, personal dishonesty, recklessness, or incompetence; and
(b) The bank, trust company, or holding company has
suffered or is likely to suffer substantial financial loss or
other damage; or
(c) The interests of depositors or trust beneficiaries could
be seriously prejudiced by reason of the violation or practice.
(2) The director may issue and serve a board director,
officer, or employee of a holding company with written
notice of intent to remove the person from office or employment or to prohibit the person from participating in the conduct of the affairs of the holding company, its subsidiary
bank or trust company, or any other depository institution,
trust company, bank holding company, thrift holding company, or financial holding company doing business in this
state whenever, in the opinion of the director:
(a) Reasonable cause exists to believe the person has
committed a material violation of law, an unsafe and unsound
practice, or a violation or practice involving a breach of fiduciary duty, personal dishonesty, recklessness, or incompetence; and
(b) The subsidiary bank or trust company has suffered or
is likely to suffer substantial financial loss or other damage;
or
(c) The interests of depositors or trust beneficiaries of the
subsidiary bank or trust company could be seriously prejudiced by reason of the violation or practice. [2010 c 88 § 20;
1994 c 92 § 64; 1977 ex.s. c 178 § 5; 1955 c 33 § 30.12.040.
Prior: 1933 c 42 § 1; 1917 c 80 § 10; RRS § 3217.]
30.12.040
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
30.12.0401 Written notice of charges under RCW
30.12.042. The director may serve written notice of charges
under RCW 30.12.040 to suspend a person from further participation in any manner in the conduct of the affairs of a
bank, trust company, or holding company, if the director
determines that such an action is necessary for the protection
of the bank or trust company, or the interests of the depositors
or trust beneficiaries of the bank or trust company. Any suspension notice issued by the director is effective upon ser30.12.0401
(2010 Ed.)
Officers, Employees, and Stockholders
vice, and unless the superior court of the county of its principal place of business issues a stay of the order, remains in
effect and enforceable until:
(1) The director dismisses the charges contained in the
notice served to the person; or
(2) The effective date of a final order for removal of the
person under RCW 30.12.040. [2010 c 88 § 21.]
Effective date—2010 c 88: See RCW 32.50.900.
30.12.042 Removal of a director, officer, or employee
or prohibiting participation in bank, trust company, or
holding company affairs—Notice contents—Hearing—
Order of removal or prohibition. (1) A notice of an intention to remove a director, officer, or employee from office or
to prohibit his or her participation in the conduct of the affairs
of a bank, trust company, or holding company shall contain a
statement of the facts which constitute grounds therefor and
shall fix a time and place at which a hearing will be held. The
hearing shall be set not earlier than ten days or later than
thirty days after the date of service of the notice unless an earlier or later date is set by the director at the request of the
director, officer, or employee for good cause shown or of the
attorney general of the state.
(2) Unless the director, officer, or employee appears at
the hearing personally or by a duly authorized representative,
the person shall be deemed to have consented to the issuance
of an order of removal or prohibition or both. In the event of
such consent or if upon the record made at the hearing the
director finds that any of the grounds specified in the notice
have been established, the director may issue such orders of
removal from office or prohibition from participation in the
conduct of the affairs of the bank, trust company, or holding
company as the director may consider appropriate.
(3) Any order shall become effective at the expiration of
ten days after service upon the bank, trust company, or holding company and the director, officer, or employee concerned
except that an order issued upon consent shall become effective at the time specified in the order.
(4) An order shall remain effective except to the extent it
is stayed, modified, terminated, or set aside by the director or
a reviewing court. [2010 c 88 § 22; 1994 c 92 § 65; 1977
ex.s. c 178 § 6.]
30.12.042
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
30.12.044 Removal of one or more directors of a
bank, trust company, or holding company—Effect upon
quorum—Procedure. If at any time because of the removal
of one or more directors under this chapter there shall be on
the board of directors of a bank, trust company, or holding
company less than a quorum of directors, all powers and
functions vested in or exercisable by the board shall vest in
and be exercisable by the director or directors remaining until
such time as there is a quorum on the board of directors. If all
of the directors of a bank, trust company, or holding company
are removed under this chapter, the director shall appoint persons to serve temporarily as directors until such time as their
respective successors take office. [2010 c 88 § 23; 1994 c 92
§ 66; 1977 ex.s. c 178 § 7.]
30.12.044
Effective date—2010 c 88: See RCW 32.50.900.
(2010 Ed.)
30.12.060
Additional notes found at www.leg.wa.gov
30.12.045 Removal of delinquent officer or employee
or prohibiting participation in bank or trust company
affairs—Administrative hearing—Judicial review. See
RCW 30.04.470.
30.12.045
30.12.046 Removal of delinquent officer or employee
or prohibiting participation in bank or trust company
affairs—Jurisdiction of courts in enforcement or issuance
of orders, injunctions or judicial review. See RCW
30.04.475.
30.12.046
30.12.047 Removal of a director, officer, or employee
of a bank, trust company, or holding company—Violation
of final order—Penalty. Any present or former director,
officer, or employee of a bank, trust company, or holding
company, or any other person against whom there is outstanding an effective final order served upon the person and
who participates in any manner in the conduct of the affairs
of the bank, trust company, or holding company involved; or
who directly or indirectly solicits or procures, transfers or
attempts to transfer, or votes or attempts to vote any proxies,
consents, or authorizations with respect to any voting rights
in the bank, trust company, or holding company; or who,
without the prior approval of the director, votes for a director
or serves or acts as a director, officer, employee, or agent of
any bank, trust company, or holding company shall upon
conviction for a violation of any order, be guilty of a gross
misdemeanor punishable as prescribed under chapter 9A.20
RCW, as now or hereafter amended. [2010 c 88 § 24; 1994 c
92 § 67; 1977 ex.s. c 178 § 10.]
30.12.047
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
30.12.060 Loans to officers or employees. (1) Any
bank or trust company shall be permitted to make loans to
any employee of such corporation, or to purchase, discount or
acquire, as security or otherwise, the obligation or debt of any
employee to any other person, to the same extent as if the
employee were in no way connected with the corporation.
Any bank or trust company shall be permitted to make loans
to any officer of such corporation, or to purchase, discount or
acquire, as security or otherwise, the obligation or debt of any
officer to any other person: PROVIDED, That the total value
of the loans made and obligation acquired for any one officer
shall not exceed such amount as shall be prescribed by the
director pursuant to regulations adopted in accordance with
the Administrative Procedure Act, chapter 34.05 RCW, as
now or hereafter amended: AND PROVIDED FURTHER,
That no such loan shall be made, or obligation acquired, in
excess of five percent of a bank’s capital and unimpaired surplus or twenty-five thousand dollars, whichever is larger,
unless a resolution authorizing the same shall be adopted by
a vote of a majority of the board of directors of such corporation prior to the making of such loan or discount, and such
vote and resolution shall be entered in the corporate minutes.
In no event shall the loan or obligation acquired exceed five
hundred thousand dollars in the aggregate without prior
approval by a majority of the corporation’s board of direc30.12.060
[Title 30 RCW—page 29]
30.12.070
Title 30 RCW: Banks and Trust Companies
tors. No loan in excess of five percent of a bank’s capital and
unimpaired surplus or twenty-five thousand dollars, whichever is larger, shall be made by any bank or trust company to
any director of such corporation nor shall the note or obligation in excess of five percent of a bank’s capital and unimpaired surplus or twenty-five thousand dollars, whichever is
larger, of such director be discounted by any such corporation, or by any officer or employee thereof in its behalf,
unless a resolution authorizing the same shall be adopted by
a vote of a majority of the entire board of directors of such
corporation exclusive of the vote of such interested director,
and such vote and resolution shall be entered in the corporate
minutes. In no event may the loan or obligation acquired
exceed five hundred thousand dollars in the aggregate without prior approval by a majority of the corporation’s board of
directors.
Each bank or trust company shall at such times and in
such form as may be required by the director, report to the
director all outstanding loans to directors of such bank or
trust company.
The amount of any endorsement or agreement of suretyship or guaranty of any such director to the corporation shall
be construed to be a loan within the provisions of this section.
Any modification of the terms of an existing obligation
(excepting only such modifications as merely extend or
renew the indebtedness) shall be construed to be a loan within
the meaning of this section.
(2) "Unimpaired surplus," as used in this section, consists of the sum of the following amounts:
(a) Fifty percent of the reserve for possible loan losses;
(b) Subordinated notes and debentures;
(c) Surplus;
(d) Undivided profits; and
(e) Reserve for contingencies and other capital reserves,
excluding accrued dividends on preferred stock. [1994 c 92
§ 69; 1985 c 305 § 6; 1969 c 136 § 5; 1959 c 165 § 1; 1955 c
33 § 30.12.060. Prior: 1947 c 147 § 1, part; 1933 c 42 § 22,
part; 1917 c 80 § 52, part; Rem. Supp. 1947 § 3259, part.]
30.12.070 Unsafe loans and discounts to directors or
officers. The director may at any time, if in his or her judgment excessive, unsafe, or improvident loans are being made
or are likely to be made by a bank or trust company to any of
its directors or officers or the directors or officers of its holding company, or to any corporation, copartnership or association of which such director is a stockholder, member, coowner, or in which such director is financially interested, or
like discounts of the notes or obligations of any such director,
corporation, copartnership or association are being made or
are likely to be made, require such bank or trust company to
submit to him or her for approval all proposed loans to, or
discounts of the note or obligation of, any such director,
officer, corporation, copartnership or association, and thereafter such proposed loans and discounts shall be reported
upon such forms and with such information concerning the
desirability and safety of such loans or discounts and of the
responsibility and financial condition of the person, corporation, copartnership or association to whom such loan is to be
made or whose note or obligation is to be discounted and of
the amount and value of any collateral that may be offered as
security therefor, as the director may require, and no such
loan or discount shall be made without his or her written
approval thereon. [2010 c 88 § 25; 1994 c 92 § 70; 1955 c 33
§ 30.12.070. Prior: 1947 c 147 § 1, part; 1933 c 42 § 22, part;
1917 c 80 § 52, part; Rem. Supp. 1947 § 3259, part.]
Effective date—2010 c 88: See RCW 32.50.900.
30.12.090 False entries, statements, etc.—Penalty.
Every person who shall knowingly subscribe to or make or
cause to be made any false statement or false entry in the
books of any bank, trust company, or holding company, or
shall knowingly subscribe to or exhibit any false or fictitious
paper or security, instrument or paper, with the intent to
deceive any person authorized to examine into the affairs of
any bank[,] trust company, or holding company, or shall
make, state, or publish any false statement of the amount of
the assets or liabilities of any bank, trust company, or holding
company, is guilty of a class B felony punishable according
to chapter 9A.20 RCW. [2010 c 88 § 26; 2003 c 53 § 186;
1955 c 33 § 30.12.090. Prior: 1917 c 80 § 56; RRS § 3263.]
30.12.090
Effective date—2010 c 88: See RCW 32.50.900.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.12.100 Destroying or secreting records—Penalty.
Every officer, director, or employee or agent of any bank,
trust company, or holding company who, for the purpose of
concealing any fact or suppressing any evidence against himself or herself, or against any other person, abstracts,
removes, mutilates, destroys or secretes any paper, book or
record of any bank, trust company, or holding company, or of
the director, or of anyone connected with his or her office, is
guilty of a class B felony punishable according to chapter
9A.20 RCW. [2010 c 88 § 27; 2003 c 53 § 187; 1994 c 92 §
71; 1955 c 33 § 30.12.100. Prior: 1917 c 80 § 56; RRS §
3264.]
30.12.100
Effective date—2010 c 88: See RCW 32.50.900.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.12.070
[Title 30 RCW—page 30]
30.12.110 Commission, etc., for procuring loan—
Penalty. No officer, director, agent, employee or stockholder of any bank or trust company shall, directly or indirectly, receive a bonus, commission, compensation, remuneration, gift, speculative interest or gratuity of any kind from
any person, firm or corporation other than the bank or as
allowed by RCW 30.12.115 for granting, procuring or
endeavoring to procure, for any person, firm or corporation,
any loan by or out of the funds of such bank or trust company
or the purchase or sale of any securities or property for or on
account of such bank or trust company or for granting or procuring permission for any person, firm or corporation to overdraw any account with such bank or trust company. Any person violating this section shall be guilty of a gross misdemeanor. [1986 c 279 § 35; 1955 c 33 § 30.12.110. Prior:
1919 c 209 § 20; RRS § 3290.]
30.12.110
30.12.115 Transactions in which director or officer
has an interest. (1) If a transaction is fair to a corporation at
the time it is authorized, approved, or ratified, the fact that a
director or an officer had a direct or indirect interest in the
30.12.115
(2010 Ed.)
Officers, Employees, and Stockholders
transaction is not grounds for either invalidating the transaction or imposing liability on the director or officer.
(2) In any proceeding seeking to invalidate a transaction
with the corporation in which a director or an officer had a
direct or indirect interest in a transaction with the corporation, the person asserting the validity of the transaction has
the burden of proving fairness unless:
(a) The material facts of the transaction and the director’s or officer’s interest was disclosed or known to the board
of directors, or a committee of the board, and the board or
committee authorized, approved, or ratified the transaction;
or
(b) The material facts of the transaction and the director’s or officer’s interest was disclosed or known to the shareholders entitled to vote, and they authorized, approved, or ratified the transaction.
(3) For purposes of this section, a director or an officer of
a corporation has an indirect interest in a transaction with the
corporation if:
(a) Another entity in which the director or officer has a
material financial interest, or in which such person is a general partner, is a party to the transaction; or
(b) Another entity of which the director or officer is a
director, officer, or trustee is a party to the transaction, and
the transaction is or should be considered by the board of
directors of the corporation.
(4) For purposes of subsection (3)(a) of this section, a
transaction is authorized, approved, or ratified only if it
receives the affirmative vote of a majority of the directors on
the board of directors or on the committee who have no direct
or indirect interest in the transaction. If a majority of the
directors who have no direct or indirect interest in the transaction vote to authorize, approve, or ratify the transaction, a
quorum is present for the purpose of taking action under this
section. The presence of, or a vote cast by, a director with a
direct or indirect interest in the transaction does not affect the
validity of any action taken under subsection (3)(a) of this
section if the transaction is otherwise authorized, approved,
or ratified as provided in that subsection.
(5) For purposes of subsection (3)(b) of this section, a
transaction is authorized, approved, or ratified only if it
receives the vote of a majority of shares entitled to be counted
under this subsection. All outstanding shares entitled to vote
under this title or the articles of incorporation are entitled to
be counted under this subsection except shares owned by or
voted under the control of a director or an officer who has a
direct or indirect interest in the transaction. Shares owned by
or voted under the control of an entity described in subsection
(3)(a) of this section shall not be counted to determine
whether shareholders have authorized, approved, or ratified a
transaction for purposes of subsection (3)(b) of this section.
The vote of the shares owned by or voted under the control of
a director or an officer who has a direct or indirect interest in
the transaction and shares owned by or voted under the control of an entity described in subsection (3)(a) of this section,
however, shall be counted in determining whether the transaction is approved under other sections of this title and for
purposes of determining a quorum. [1986 c 279 § 36.]
30.12.120 Loans to officers or employees from trust
funds—Penalty. No corporation doing a trust business shall
30.12.120
(2010 Ed.)
30.12.190
make any loan to any officer, or employee from its trust
funds, nor shall it permit any officer, or employee to become
indebted to it in any way out of its trust funds. Every officer,
director, or employee of any such corporation, who knowingly violates this section, or who aids or abets any other person in any such violation, is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 188;
1955 c 33 § 30.12.120. Prior: 1917 c 80 § 53; RRS § 3260.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.12.130 Trust company as legal representative—
Oath by officer. When any trust company shall be appointed
executor, administrator, or trustee of any estate or guardian of
the estate of any infant or other incompetent, it shall be lawful
for any duly authorized officer of such corporation to take
and subscribe for such corporation any and all oaths or affirmations required of such an appointee. [1955 c 33 §
30.12.130. Prior: 1917 c 80 § 50; RRS § 3257.]
30.12.130
30.12.180 Levy of assessments. Whenever the director
shall notify the board of directors of a bank or trust company
to levy an assessment upon the stock of such corporation and
the holders of two-thirds of the stock shall consent thereto,
such board shall, within ten days from the issuance of such
notice, adopt a resolution for the levy of such assessment, and
shall immediately upon the adoption of such resolution serve
notice upon each stockholder, personally or by mail, at his or
her last known address, to pay such assessment; and that if
the same be not paid within twenty days from the date of the
issuance of such notice, his or her stock will be subject to sale
and all amounts previously paid thereon shall be subject to
forfeiture. If any stockholder fail within said twenty days to
pay the assessment as provided in this section, it shall be the
duty of the board of directors to cause a sufficient amount of
the capital stock of such stockholder to be sold to make good
the deficiency. The sale shall be held at such time and place
as shall be designated by the board of directors and shall be
either public or private, as the board shall deem best. At any
time after the expiration of sixty days from the expiration of
said twenty-day period the director may require any stock
upon which the assessment remains unpaid to be canceled
and deducted from the capital of the corporation. If such cancellation shall reduce the capital of the corporation below the
minimum required by this title or its articles of incorporation
the capital shall, within thirty days thereafter be increased to
the required amount by original subscription, in default of
which the director may take possession of such corporation in
the manner provided by law in case of insolvency. [1994 c 92
§ 72; 1955 c 33 § 30.12.180. Prior: 1923 c 115 § 8; 1917 c 80
§ 34; RRS § 3241.]
30.12.180
30.12.190 General penalty—Effect of conviction. (1)
Every person who shall knowingly violate, or knowingly aid
or abet the violation of any provision of RCW 30.04.010,
30.04.030, 30.04.050, 30.04.060, 30.04.070, 30.04.075,
30.04.111, 30.04.120, 30.04.130, 30.04.180, 30.04.210,
30.04.220, 30.04.280, 30.04.300, 30.08.010, 30.08.020,
30.08.030, 30.08.040, 30.08.050, 30.08.060, 30.08.080,
30.08.090, 30.08.095, 30.08.140, 30.08.150, 30.08.160,
30.12.190
[Title 30 RCW—page 31]
30.12.205
Title 30 RCW: Banks and Trust Companies
30.08.180, 30.08.190, 30.12.010, 30.12.020, 30.12.030,
30.12.060, 30.12.070, 30.12.130, 30.12.180, 30.12.190,
30.16.010, 30.20.060, 30.44.010, 30.44.020, 30.44.030,
30.44.040, 30.44.050, 30.44.060, 30.44.070, 30.44.080,
30.44.090, 30.44.100, 30.44.130, 30.44.140, 30.44.150,
30.44.160, 30.44.170, 30.44.240, 30.44.250, 43.320.060,
43.320.070, 43.320.080, and 43.320.100, and any director,
officer, or employee of a bank, trust company, or holding
company who fails to perform any act which it is therein
made his or her duty to perform, shall be guilty of a misdemeanor.
(2) A director, officer, or employee of a bank, trust company, or holding company who has been convicted for the
violation of the banking laws of this or any other state or of
the United States shall not be permitted to engage in or
become or remain a board director, officer, or employee of
any bank, trust company, or holding company organized and
existing under the laws of this state, or of any other depository institution, trust company, bank holding company, thrift
holding company, or financial holding company doing business in this state. [2010 c 88 § 28; 1989 c 220 § 2; 1983 c 3
§ 47; 1955 c 33 § 30.12.190. Prior: 1919 c 209 § 18; 1917 c
80 § 80; RRS § 3287.]
Effective date—2010 c 88: See RCW 32.50.900.
30.12.205 Stock purchase options—Incentive bonus
contracts, stock purchase or bonus plans, and profit sharing plans. Subject to any restrictions in its articles of incorporation and in accordance with and subject to the provisions
of RCW 30.08.088, the board of directors of a bank or trust
company may grant options entitling the holders thereof to
purchase from the corporation shares of any class of its stock.
The instrument evidencing the option shall state the terms
upon which, the time within which, and the price at which
such shares may be purchased from the corporation upon the
exercise of such option. If any such options are granted by
contract, or are to be granted pursuant to a plan, to officers or
employees of the bank or trust company, then the contract or
the plan shall require the approval, within twelve months of
its approval by the board of directors, of the holders of a
majority of its voting capital stock. Subsequent amendments
to any such contract or plan which do not change the price or
duration of any option, the maximum number of shares which
may be subject to options, or the class of employees eligible
for options may be made by the board of directors without
further shareholder approval.
Subject to any restrictions in its articles of incorporation,
the board of directors of a bank or trust company shall have
the authority to enter into any plans or contracts providing for
compensation for its officers and employees, including, but
not being limited to, incentive bonus contracts, stock purchase or bonus plans and profit sharing plans. [1986 c 279 §
37.]
30.12.205
30.12.220 Preemptive rights of shareholders to
acquire unissued shares—Articles of incorporation may
limit or permit—Later acquisition. The articles of incorporation of any bank or trust company organized under this
title may limit or permit the preemptive rights of a shareholder to acquire unissued shares of the corporation and may
30.12.220
[Title 30 RCW—page 32]
thereafter by amendment limit, deny, or grant to shareholders
of any class of stock the preemptive right to acquire additional shares of the corporation whether then or thereafter
authorized. [1979 c 106 § 8.]
30.12.230 Immunity of shareholders of bank insured
by the federal deposit insurance corporation. The shareholders of a banking corporation organized under the laws of
this state and the deposits of which are insured by the federal
deposit insurance corporation shall not be liable for any debts
or obligations of the bank. [1986 c 279 § 50.]
30.12.230
30.12.240 Violations—Director liability. If the directors of any bank, trust company, or holding company shall
knowingly violate, or knowingly permit any of the officers,
agents, or employees of the bank or trust company to violate
any of the provisions of this title or any lawful regulation or
directive of the director, and if the directors are aware that
such facts and circumstances constitute such violations, then
each director who participated in or assented to the violation
is personally and individually liable for all damages which
the state or any insurer of the deposits of the bank or trust
company, or any trust beneficiary of the trust company, sustains due to the violation. [2010 c 88 § 29; 1994 c 92 § 73;
1989 c 180 § 7.]
30.12.240
Effective date—2010 c 88: See RCW 32.50.900.
Chapter 30.16
Chapter 30.16 RCW
CHECKS
Sections
30.16.010
Certification—Effect—Penalty.
Negotiable instruments: Title 62A RCW.
30.16.010 Certification—Effect—Penalty. No director, officer, agent or employee of any bank or trust company
shall certify a check unless the amount thereof actually stands
to the credit of the drawer on the books of such corporation
and when certified must be charged to the account of the
drawer. Every violation of this provision shall be a gross misdemeanor. Any such check so certified by a duly authorized
person shall be a good and valid obligation of the bank or
trust company in the hands of an innocent holder. [1955 c 33
§ 30.16.010. Prior: 1917 c 80 § 44; RRS § 3251.]
30.16.010
Chapter 30.20
Chapter 30.20 RCW
DEPOSITS
Sections
30.20.005
30.20.025
30.20.060
30.20.090
Deposits by individuals governed by chapter 30.22 RCW.
Receipt for deposits—Contents.
Deposits and accounts—Regulations—Passbooks or
records—Deposit contract.
Adverse claim to a deposit to be accompanied by court order
or bond—Exceptions.
Payment to slayers or abusers: RCW 11.84.110.
Receiving deposits after insolvency prohibited: State Constitution Art. 12 §
12.
30.20.005 Deposits by individuals governed by chapter 30.22 RCW. Deposits made by individuals in a national
30.20.005
(2010 Ed.)
Financial Institution Individual Account Deposit Act
bank, state bank, trust company, or other banking institution
subject to the supervision of the director are governed by
chapter 30.22 RCW. [1994 c 92 § 74; 1981 c 192 § 23.]
Additional notes found at www.leg.wa.gov
30.20.025 Receipt for deposits—Contents. Each person making a deposit in a bank or trust company shall be
given a receipt that shall show or in conjunction with the
deposit slip can be used to trace the name of the bank or trust
company, the name of the account, the account number, the
date, and the amount deposited. If specifically requested by
the depositor when making the deposit, the receipt must
expressly show the name of the bank or trust company, the
date, the amount deposited, plus either the name of the
account or the account number or both the name of the
account and the account number. [1985 c 305 § 2. Formerly
RCW 30.04.085.]
30.20.025
30.20.060 Deposits and accounts—Regulations—
Passbooks or records—Deposit contract. A bank or trust
company shall repay all deposits to the depositor or his or her
lawful representative when required at such time or times and
with such interest as the regulations of the corporation shall
prescribe. These regulations shall be prescribed by the directors of the bank or trust company and may contain provisions
with respect to the terms and conditions upon which any
account or deposit will be maintained by the bank or trust
company. These regulations and any amendments shall be
available to depositors on request, and shall be posted in a
conspicuous place in the principal office and each branch in
this state or, if the regulations and any amendments are not so
posted, a description of changes in the regulations after an
account is opened shall be mailed to depositors pursuant to 12
U.S.C. Sec. 4305(c) or otherwise. All these rules and regulations and all amendments shall be binding upon all depositors. At the option of the bank, a passbook shall be issued to
each savings account depositor, or a record maintained in lieu
of a passbook. A deposit contract may be adopted by the bank
or trust company in lieu of or in addition to account rules and
regulations and shall be enforceable and amendable in the
same manner as account rules and regulations or as provided
in the deposit contract. A copy of the contract shall be provided to the depositor. [1996 c 2 § 8; 1986 c 279 § 38; 1961
c 280 § 3; 1959 c 106 § 5; 1955 c 33 § 30.20.060. Prior: 1945
c 69 § 1; 1935 c 93 § 1; 1917 c 80 § 38; Rem. Supp. 1945 §
3244a.]
30.20.060
Additional notes found at www.leg.wa.gov
30.20.090 Adverse claim to a deposit to be accompanied by court order or bond—Exceptions. Notice to any
national bank, state bank, trust company, mutual savings
bank or bank under the supervision of the director, doing
business in this state of an adverse claim to a deposit standing
on its books to the credit of any person may be disregarded
without liability by said bank or trust company unless said
adverse claimant shall also either procure a restraining order,
injunction or other appropriate process against said bank or
trust company from a court of competent jurisdiction in a
cause therein instituted by him or her wherein the person to
whose credit the deposit stands is made a party and served
30.20.090
(2010 Ed.)
30.22.010
with summons or shall execute to said bank or trust company,
in form and with sureties acceptable to it, a bond, in an
amount which is double either the amount of said deposit or
said adverse claim, whichever is the lesser, indemnifying said
bank or trust company from any and all liability, loss, damage, costs and expenses, for and on account of the payment of
such adverse claim or the dishonor of the check or other order
of the person to whose credit the deposit stands on the books
of said bank or trust company: PROVIDED, That where the
person to whose credit the deposit stands is a fiduciary for
such adverse claimant, and the facts constituting such relationship, and also the facts showing reasonable cause of
belief on the part of said claimant that the said fiduciary is
about to misappropriate said deposit, are made to appear by
the affidavit of such claimant, the bank or trust company shall
without liability refuse to deliver such property for a period
of not more than five business days from the date that the
bank received the adverse claimant’s affidavit, without liability for the sufficiency or truth of the facts alleged in the affidavit, after which time the claim shall be treated as any other
claim under this section.
This section shall not apply to accounts subject to chapter 30.22 RCW. [1994 c 92 § 75; 1981 c 192 § 25; 1979 c 143
§ 1; 1961 c 280 § 4.]
Additional notes found at www.leg.wa.gov
Chapter 30.22 RCW
FINANCIAL INSTITUTION INDIVIDUAL ACCOUNT
DEPOSIT ACT
Chapter 30.22
Sections
30.22.010
30.22.020
30.22.030
30.22.040
30.22.041
30.22.050
30.22.060
30.22.070
30.22.080
30.22.090
30.22.100
30.22.110
30.22.120
30.22.130
30.22.140
30.22.150
30.22.160
30.22.170
30.22.180
30.22.190
30.22.200
30.22.210
30.22.220
30.22.230
30.22.240
30.22.245
30.22.250
30.22.900
30.22.901
30.22.902
Short title.
Purposes.
Construction.
Definitions.
Definitions.
Types of accounts which financial institution may establish.
Requirements of contract of deposit.
Accounts of minors and incompetents.
Accounts of married persons.
Ownership of funds during lifetime of depositor.
Ownership of funds after death of a depositor.
Controversies between owners.
Right to rely on form of account—Discharge of financial institutions.
Rights as between individuals preserved.
Payment of funds to a depositor.
Payment to minors and incompetents.
Payment to trust and P.O.D. account beneficiaries.
Payment to agents of depositors.
Payment to personal representatives.
Payment to heirs and creditors of a deceased depositor.
Payment to foreign personal representative—Release of financial institution.
Authority to withhold payment—Vulnerable adults.
Adverse claim bond.
Authority to charge a customer for furnishing items or copies
of items.
Records—Disclosure—Requests by law enforcement—Fees.
Records—Admission as evidence—Certificate.
No duty to request information.
Effective date—1981 c 192.
Severability—1995 c 186.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
30.22.010 Short title. This chapter shall be known and
may be cited as the financial institution individual account
deposit act. [1981 c 192 § 1.]
30.22.010
[Title 30 RCW—page 33]
30.22.020
Title 30 RCW: Banks and Trust Companies
30.22.020 Purposes. The purposes of this chapter are:
(1) To provide a consistent law applicable to all financial
institutions authorized to accept deposits from individuals
with respect to payments by the institutions to individuals
claiming rights to the deposited funds; and
(2) To qualify and simplify the law concerning the
respective ownership interests of individuals to funds held on
deposit by financial institutions, both as to the relationship
between the individual depositors and beneficiaries of an
account, and to the financial institution-depositor-beneficiary
relationships; and
(3) To simplify and make consistent the law pertaining to
payments by financial institutions of deposited funds both
before and after the death of a depositor or depositors, including provisions for the validity and effect of certain nontestamentary transfers of deposits upon the death of one or more
depositors. [1981 c 192 § 2.]
30.22.020
30.22.030 Construction. When construing sections and
provisions of this chapter, the sections and provisions shall:
(1) Be liberally construed and applied to promote the
purposes of the chapter; and
(2) Be considered part of a general act which is intended
as unified coverage of the subject matter, and no part of the
chapter shall be deemed impliedly repealed by subsequent
legislation if such construction can be reasonably avoided;
and
(3) Not be held invalid because of the invalidity of other
sections or provisions of the chapter as long as the section or
provision in question can be given effect without regard to
the invalid section or provision, and to this end the sections
and provisions of this chapter are declared to be severable;
and
(4) Not be construed by reference to section or subsection headings as used in the chapter since these do not constitute any part of the law; and
(5) Not be deemed to alter the community or separate
property nature of any funds held on deposit by a financial
institution or any individual’s community or separate property rights thereto, and a depositor’s community and/or separate property rights to funds on deposit shall not be affected
by the form of the account; and
(6) Not be construed as authorizing or extending the
authority of any financial institution to accept deposits or to
permit a financial institution to accept deposits from such
persons or entities or upon such terms as would contravene
any other applicable federal or state law. [1981 c 192 § 3.]
30.22.030
30.22.040 Definitions. Unless the context of this chapter otherwise requires, the terms contained in this section
have the meanings indicated.
(1) "Account" means a contract of deposit between a
depositor or depositors and a financial institution; the term
includes a checking account, savings account, certificate of
deposit, savings certificate, share account, savings bond, and
other like arrangements.
(2) "Actual knowledge" means written notice to a manager of a branch of a financial institution, or an officer of the
financial institution in the course of his employment at the
branch, pertaining to funds held on deposit in an account
maintained by the branch received within a period of time
30.22.040
[Title 30 RCW—page 34]
which affords the financial institution a reasonable opportunity to act upon the knowledge.
(3) "Individual" means a human being; "person" includes
an individual, corporation, partnership, limited partnership,
joint venture, trust, or other entity recognized by law to have
separate legal powers.
(4) "Agent" means a person designated by a depositor or
depositors in a contract of deposit or other document to have
the authority to deposit and to make payments from an
account in the name of the depositor or depositors.
(5) "Agency account" means an account to which funds
may be deposited and from which payments may be made by
an agent designated by a depositor. In the event there is more
than one depositor named on an account, each depositor may
designate the same or a different agent for the purpose of
depositing to or making payments of funds from a depositor’s
account.
(6) "Single account" means an account in the name of
one depositor only.
(7) "Joint account without right of survivorship" means
an account in the name of two or more depositors and which
contains no provision that the funds of a deceased depositor
become the property of the surviving depositor or depositors.
(8) "Joint account with right of survivorship" means an
account in the name of two or more depositors and which
provides that the funds of a deceased depositor become the
property of one or more of the surviving depositors.
(9) "Trust and P.O.D. accounts" means accounts payable
on request to a depositor during the depositor’s lifetime, and
upon the depositor’s death to one or more designated beneficiaries, or which are payable to two or more depositors during their lifetimes, and upon the death of all depositors to one
or more designated beneficiaries. The term "trust account"
does not include deposits by trustees or other fiduciaries
where the trust or fiduciary relationship is established other
than by a contract of deposit with a financial institution.
(10) "Trust or P.O.D. account beneficiary" means a person or persons, other than a codepositor, who has or have
been designated by a depositor or depositors to receive the
depositor’s funds remaining in an account upon the death of
a depositor or all depositors.
(11) "Depositor", when utilized in determining the rights
of individuals to funds in an account, means an individual
who owns the funds. When utilized in determining the rights
of a financial institution to make or withhold payment, and/or
to take any other action with regard to funds held under a contract of deposit, "depositor" means the individual or individuals who have the current right to payment of funds held
under the contract of deposit without regard to the actual
rights of ownership thereof by these individuals. A trust or
P.O.D. account beneficiary becomes a depositor only when
the account becomes payable to the beneficiary by reason of
having survived the depositor or depositors named on the
account, depending upon the provisions of the contract of
deposit.
(12) "Financial institution" means a bank, trust company,
mutual savings bank, savings and loan association, or credit
union authorized to do business and accept deposits in this
state under state or federal law.
(13) "Depositor’s funds" or "funds of a depositor" means
the amount of all deposits belonging to or made for the bene(2010 Ed.)
Financial Institution Individual Account Deposit Act
fit of a depositor, less all withdrawals of the funds by the
depositor or by others for the depositor’s benefit, plus the
depositor’s prorated share of any interest or dividends
included in the current balance of the account and any proceeds of deposit life insurance added to the account by reason
of the death of a depositor.
(14) "Payment(s)" of sums on deposit includes withdrawal, payment by check or other directive of a depositor or
his agent, any pledge of sums on deposit by a depositor or his
agent, any set-off or reduction or other disposition of all or
part of an account balance, and any payments to any person
under RCW 30.22.120, 30.22.140, 30.22.150, 30.22.160,
30.22.170, 30.22.180, 30.22.190, 30.22.200, and 30.22.220.
(15) "Proof of death" means a certified or authenticated
copy of a death certificate, or photostatic copy thereof, purporting to be issued by an official or agency of the jurisdiction where the death purportedly occurred, or a certified or
authenticated copy of a record or report of a governmental
agency, domestic or foreign, that a person is dead. In either
case, the proofs constitute prima facie proof of the fact, place,
date, and time of death, and identity of the decedent and the
status of the dates, circumstances, and places disclosed by the
record or report.
(16) "Request" means a request for withdrawal, or a
check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal
or payment on advance notice, for purposes of this chapter
the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as
a request for withdrawal.
(17) "Withdrawal" means payment to a person pursuant
to check or other directive of a depositor. [1981 c 192 § 4.]
Powers of attorney or agent in probate and trust banking transactions:
RCW 11.94.030.
30.22.041 Definitions. The definitions in this section
apply throughout this section and RCW 30.22.240 and
30.22.245.
(1) "Customer" means any person, partnership, limited
partnership, corporation, trust, or other legal entity that is
transacting or has transacted business with a financial institution, that is using or has used the services of an institution, or
for which a financial institution has acted or is acting as a
fiduciary.
(2) "Financial institution" means state and national banks
and trust companies, state and federal savings banks, state
and federal savings and loan associations, and state and federal credit unions.
(3) "Law enforcement officer" means an employee of a
public law enforcement agency organized under the authority
of a county, city, or town and designated to obtain deposit
account information by the chief law enforcement officer of
that agency. [1995 c 186 § 1.]
30.22.041
30.22.050 Types of accounts which financial institution may establish. The types of accounts in which funds
may be deposited with a financial institution include, but are
not limited to, the following:
(1) A single account;
30.22.050
(2010 Ed.)
30.22.090
(2) A joint account without right of survivorship;
(3) A joint account with right of survivorship;
(4) An agency account;
(5) A trust or P.O.D. account; and
(6) Any compatible combination of the foregoing.
In each case, the type of account shall be determined by
the terms of the contract of deposit between the depositor and
the financial institution. The financial institution shall
describe to a potential depositor the various types of accounts
available. [1981 c 192 § 5.]
30.22.060 Requirements of contract of deposit. The
contract of deposit shall be in writing and signed by all individuals who have a current right to payment of funds from an
account. The designation of an agent, or trust or P.O.D.
account beneficiary by a depositor of a joint account without
right of survivorship, or the designation of an agent by a
depositor of a joint account with right of survivorship or by a
depositor of a trust or P.O.D. account does not require the signature of a codepositor. A financial institution may insert
such additional terms and conditions in a contract of deposit
as it deems appropriate. [1981 c 192 § 6.]
30.22.060
30.22.070 Accounts of minors and incompetents. A
minor or incompetent may enter into a valid and enforceable
contract of deposit with the financial institution and any
account in the name of a minor or incompetent shall, in the
absence of clear and convincing evidence of a different intention at the time it is created, be held for the exclusive right
and benefit of the minor or incompetent free from the control
of all other persons. [1981 c 192 § 7.]
30.22.070
30.22.080 Accounts of married persons. A financial
institution may enter into a contract of deposit without regard
to whether the depositor is married and without regard as to
whether the funds on deposit are the community or separate
property of the depositor. [1981 c 192 § 8.]
30.22.080
30.22.090 Ownership of funds during lifetime of
depositor. Subject to community property rights, during the
lifetime of a depositor, or the joint lifetimes of depositors:
(1) Funds on deposit in a single account belong to the
depositor.
(2) Funds on deposit in a joint account without right of
survivorship and in a joint account with right of survivorship
belong to the depositors in proportion to the net funds owned
by each depositor on deposit in the account, unless the contract of deposit provides otherwise or there is clear and convincing evidence of a contrary intent at the time the account
was created.
(3) Funds on deposit in a trust or P.O.D. account belong
to the depositor and not to the trust or P.O.D. account beneficiary or beneficiaries; if two or more depositors are named on
the trust or P.O.D. account, their rights of ownership to the
funds on deposit in the account are governed by subsection
(2) of this section.
(4) Ownership of funds on deposit in an agency account
shall be determined in accordance with subsections (1), (2),
and (3) of this section depending upon whether the principal
is a depositor on a single account, joint account, joint account
30.22.090
[Title 30 RCW—page 35]
30.22.100
Title 30 RCW: Banks and Trust Companies
with right of survivorship, or trust or P.O.D. account. [1981
c 192 § 9.]
30.22.100
30.22.100 Ownership of funds after death of a depositor. Subject to community property rights and subject to the
terms and provisions of any community property agreement,
upon the death of a depositor:
(1) Funds which remain on deposit in a single account
belong to the depositor’s estate.
(2) Funds belonging to a deceased depositor which
remain on deposit in a joint account without right of survivorship belong to the depositor’s estate, unless the depositor has
also designated a trust or P.O.D. account beneficiary of the
depositor’s interest in the account.
(3) Funds belonging to a deceased depositor which
remain on deposit in a joint account with right of survivorship
belong to the surviving depositors unless there is clear and
convincing evidence of a contrary intent at the time the
account was created. If there is more than one individual having right of survivorship, the funds belong equally to the surviving depositors unless the contract of deposit otherwise
provides. If there is more than one surviving depositor, the
rights of survivorship shall continue between the surviving
depositors.
(4) Funds remaining on deposit in a trust or P.O.D.
account belong to the trust or P.O.D. account beneficiary designated by the deceased depositor unless the account has also
been designated as a joint account with right of survivorship,
in which event the funds remaining on deposit in the account
do not belong to the trust or P.O.D. account beneficiary until
the death of the last surviving depositor and the rights of the
surviving depositors shall be determined by subsection (3) of
this section. If the deceased depositor has designated more
than one trust or P.O.D. account beneficiary, and more than
one of the beneficiaries survive the depositor, the funds
belong equally to the surviving beneficiaries unless the
depositor has specifically designated a different method of
distribution in the contract of deposit; if two or more beneficiaries survive, there is no right of survivorship as between
them unless the terms of the account or deposit agreement
expressly provide for rights of survivorship between the beneficiaries.
(5) Upon the death of a depositor of an agency account,
the agency shall terminate and any funds remaining on
deposit belonging to the deceased depositor shall become the
property of the depositor’s estate or such other persons who
may be entitled thereto, depending upon whether the account
was a single account, joint account, joint account with right
of survivorship, or a trust or P.O.D. account.
Any transfers to surviving depositors or to trust or
P.O.D. account beneficiaries pursuant to the terms of this section are declared to be effective by reason of the provisions of
the account contracts involved and this chapter and are not to
be considered as testamentary dispositions. The rights of survivorship and of trust and P.O.D. account beneficiaries arise
from the express terms of the contract of deposit and cannot,
under any circumstances, be changed by the will of a depositor. [1981 c 192 § 10.]
[Title 30 RCW—page 36]
30.22.110 Controversies between owners. RCW
30.22.090 and 30.22.100 are intended to establish ownership
of funds on deposit in the accounts stated, as between depositors and/or trust or P.O.D. account beneficiaries, and the provisions thereof are relevant only as to controversies between
such persons and their creditors, and other successors, and
have no bearing on the power of any person to receive payment of funds maintained in the accounts or the right of a
financial institution to make payments to any person as provided by the terms of the contract of deposit. [1981 c 192 §
11.]
30.22.110
30.22.120 Right to rely on form of account—Discharge of financial institutions. In making payments of
funds deposited in an account, a financial institution may rely
conclusively and entirely upon the form of the account and
the terms of the contract of deposit at the time the payments
are made. A financial institution is not required to inquire as
to either the source or the ownership of any funds received
for deposit to an account, or to the proposed application of
any payments made from an account. Unless a financial institution has actual knowledge of the existence of dispute
between depositors, beneficiaries, or other persons claiming
an interest in funds deposited in an account, all payments
made by a financial institution from an account at the request
of any depositor to the account and/or the agent of any depositor to the account in accordance with this section and RCW
30.22.140, 30.22.150, 30.22.160, 30.22.170, 30.22.180,
30.22.190, 30.22.200, and 30.22.220 shall constitute a complete release and discharge of the financial institution from
all claims for the amounts so paid regardless of whether or
not the payment is consistent with the actual ownership of the
funds deposited in an account by a depositor and/or the actual
ownership of the funds as between depositors and/or the beneficiaries of P.O.D. and trust accounts, and/or their heirs, successors, personal representatives, and assigns. [1981 c 192 §
12.]
30.22.120
30.22.130 Rights as between individuals preserved.
The protection accorded to financial institutions under RCW
30.22.120, 30.22.140, 30.22.150, 30.22.160, 30.22.170,
30.22.180, 30.22.190, 30.22.200, 30.22.210, and 30.22.220
shall have no bearing on the actual rights of ownership to
deposited funds by a depositor, and/or between depositors,
and/or by and between beneficiaries of trust and P.O.D.
accounts, and their heirs, successors, personal representatives, and assigns. [1981 c 192 § 13.]
30.22.130
30.22.140 Payment of funds to a depositor. Payments
of funds on deposit in a single account may be made by a
financial institution to or for the depositor regardless of
whether the depositor is, in fact, the actual owner of the
funds. Payments of funds on deposit in an account having
two or more depositors may be made by a financial institution
to or for any one or more of the depositors named on the
account without regard to the actual ownership of the funds
by or between the depositors, and without regard to whether
any other depositor or depositors so named are deceased or
incompetent at the time the payments are made. [1981 c 192
§ 14.]
30.22.140
(2010 Ed.)
Financial Institution Individual Account Deposit Act
30.22.150 Payment to minors and incompetents.
Financial institutions may make payments of funds on
deposit in an account established by a depositor who is a
minor or incompetent without regard to whether it has actual
knowledge of the minority or incompetency of the depositor
unless the branch of the financial institution at which the
account is maintained has received written notice to withhold
payment to the minor or incompetent by the guardian of his
estate and had a reasonable opportunity to act upon the
notice. [1981 c 192 § 15.]
30.22.150
30.22.160 Payment to trust and P.O.D. account beneficiaries. Financial institutions may pay any funds remaining on deposit in an account to a trust or P.O.D. account beneficiary or beneficiaries when the financial institution has
received proofs of death of all depositors to the account who
pursuant to the terms of the contract of deposit were required
to predecease the beneficiary. If there is more than one trust
or P.O.D. account beneficiary, financial institutions shall not,
unless the contract of deposit otherwise provides, pay to any
one such beneficiary more than that amount which is
obtained by dividing the total of the funds on deposit in the
account by the number of trust or P.O.D. account beneficiaries. [1981 c 192 § 16.]
30.22.200
(3) When the decedent was a beneficiary of a P.O.D. or
trust account and the financial institution has received proofs
of death of the beneficiary and all depositors to the account
who, pursuant to the terms of the contract of deposit, were
required to predecease the beneficiary; or
(4) When consent to the payment has been given in writing by all depositors and beneficiaries of the account; or
(5) When so ordered or directed by a superior court of
the state or other court having jurisdiction over the matter.
[1981 c 192 § 18.]
30.22.160
30.22.170 Payment to agents of depositors. Any funds
on deposit in an account may be paid by a financial institution
to or upon the order of any agent of any depositor. The contract of deposit or other document creating such agency may
provide, in accordance with chapter 11.94 RCW, that any
such agent’s powers to receive payments and make withdrawals from an account continues in spite of, or arises by
virtue of, the incompetency of a depositor, in which event the
agent’s powers to make payments and withdrawals from an
account on behalf of a depositor is not affected by the incompetency of a depositor. Except as provided in this section, the
authority of an agent to receive payments or make withdrawals from an account terminates with the death or incompetency of the agent’s principal: PROVIDED, That a financial
institution is not liable for any payment or withdrawal made
to or by an agent for a deceased or incompetent depositor
unless the financial institution making the payment or permitting the withdrawal had actual knowledge of the incompetency or death at the time payment was made. [1981 c 192 §
17.]
30.22.170
30.22.180 Payment to personal representatives.
Financial institutions may pay any funds remaining on
deposit in an account which belongs to a deceased depositor
to the personal representative of the depositor’s estate under
any of the following circumstances:
(1) When the decedent was the depositor on a single
account; or
(2) When the decedent was a depositor on a joint account
without right of survivorship or the only surviving depositor
on a joint account with right of survivorship, and has not designated a trust or P.O.D. account beneficiary of the decedent’s interest, and the financial institution has received the
proofs of death necessary to establish the deaths of the other
depositors named on the account; or
30.22.180
(2010 Ed.)
30.22.190
30.22.190 Payment to heirs and creditors of a
deceased depositor. In each case, where it is provided in
RCW 30.22.180 that a financial institution may make payment of funds deposited in an account to the personal representative of the estate of a deceased depositor or beneficiary,
the financial institution may make payment of the funds to
the following persons under the circumstances provided:
(1) In those instances where the deceased depositor left a
surviving spouse, and the deceased depositor and the surviving spouse shall have executed a community property agreement which by its terms would include funds of the deceased
depositor remaining in the account, a financial institution
may make payment of all funds in the name of the deceased
spouse to the surviving spouse upon receipt of a certified
copy of the community property agreement as recorded in the
office of a county auditor of the state and an affidavit of the
surviving spouse that the community property agreement was
validly executed and in full force and effect upon the death of
the depositor.
(2) In those instances where the balance of the funds in
the name of a deceased depositor does not exceed two thousand five hundred dollars, payment of the decedent’s funds
remaining in the account may be made to the surviving
spouse, next of kin, funeral director, or other creditor who
may appear to be entitled thereto upon receipt of proof of
death and an affidavit to the effect that no personal representative has been appointed for the deceased depositor’s estate.
As a condition to the payment, a financial institution may
require such waivers, indemnity, receipts, and acquittance
and additional proofs as it may consider proper.
(3) In those instances where the person entitled presents
an affidavit which meets the requirements of chapter 11.62
RCW.
A person receiving a payment from a financial institution
pursuant to subsections (2) and (3) of this section is answerable and accountable therefor to any personal representative
of the deceased depositor’s estate wherever and whenever
appointed. [1989 c 220 § 3; 1981 c 192 § 19.]
30.22.200
30.22.200 Payment to foreign personal representative—Release of financial institution. In each case where it
is provided in this chapter that payment may be made to the
personal representative of the estate of a deceased depositor
or trust or P.O.D. account beneficiary, financial institutions
may make payment of the funds on deposit in a deceased
depositor’s or beneficiary’s account to the personal representative of the decedent’s estate appointed under the laws of
any other state or territory or country after:
[Title 30 RCW—page 37]
30.22.210
Title 30 RCW: Banks and Trust Companies
(1) At least sixty days have elapsed since the date of the
deceased depositor’s death; and
(2) Upon receipt of the following:
(a) Proof of death of the deceased depositor or beneficiary;
(b) Proof of the appointment and continuing authority of
the personal representative requesting payment;
(c) The personal representative’s, or its agent’s, affidavit
to the effect that to the best of his or her knowledge no personal representative has been or will be appointed under the
laws of this state; and
(d) Receipt of either an estate tax release from the department of revenue or the personal representative’s, or its
agent’s, affidavit that the estate is not subject to Washington
estate tax. However, if a personal representative of the
deceased depositor’s or beneficiary’s estate is appointed and
qualified as such under the laws of this state, and delivers
proof of the appointment and qualification to the office or
branch of the financial institution in which the deposit is
maintained prior to the transmissions of the sums on deposit
to the foreign personal representative, then the funds shall be
paid to the personal representative of the deceased depositor’s or beneficiary’s estate who has been appointed and qualified in this state.
(3) The financial institution paying, delivering, transferring, or issuing funds on deposit in a deceased depositor’s or
beneficiary’s account in accordance with the provisions of
this section is discharged and released to the same extent as if
such person has dealt with a personal representative of the
decedent, unless at the time of such payment, delivery, transfer, or issuance such institution had actual knowledge of the
falsity of any statement or affidavit required to be provided
under this section. Such institution is not required to see to
the application of funds, or to inquire into the truth of any
matter specified in any statement or affidavit required to be
provided under this section. [1988 c 29 § 9; 1981 c 192 § 20.]
30.22.210 Authority to withhold payment—Vulnerable adults. (1) Nothing contained in this chapter shall be
deemed to require any financial institution to make any payment from an account to a depositor, or any trust or P.O.D.
account beneficiary, or any other person claiming an interest
in any funds deposited in the account, if the financial institution has actual knowledge of the existence of a dispute
between the depositors, beneficiaries, or other persons concerning their respective rights of ownerships to the funds
contained in, or proposed to be withdrawn, or previously
withdrawn from the account, or in the event the financial
institution is otherwise uncertain as to who is entitled to the
funds pursuant to the contract of deposit. In any such case,
the financial institution may, without liability, notify, in writing, all depositors, beneficiaries, or other persons claiming an
interest in the account of either its uncertainty as to who is
entitled to the distributions or the existence of any dispute,
and may also, without liability, refuse to disburse any funds
contained in the account to any depositor, and/or trust or
P.O.D. account beneficiary thereof, and/or other persons
claiming an interest therein, until such time as either:
(a) All such depositors and/or beneficiaries have consented, in writing, to the requested payment; or
(b) The payment is authorized or directed by a court of
proper jurisdiction.
(2) If a financial institution reasonably believes that
financial exploitation of a vulnerable adult, as defined in
RCW 74.34.020, may have occurred, may have been
attempted, or is being attempted, the financial institution may
refuse a transaction as permitted under RCW 74.34.215.
[2010 c 133 § 1; 1981 c 192 § 21.]
30.22.220 Adverse claim bond. Notwithstanding
RCW 30.22.210, a financial institution may, without liability,
pay or permit withdrawal of any funds on deposit in an
account to a depositor and/or agent of a depositor and/or trust
or P.O.D. account beneficiary, and/or other person claiming
an interest therein, even when the financial institution has
actual knowledge of the existence of the dispute, if the
adverse claimant shall execute to the financial institution, in
form and with security acceptable to it, a bond in an amount
which is double either the amount of the deposit or the
adverse claim, whichever is the lesser, indemnifying the
financial institution from any and all liability, loss, damage,
costs, and expenses, for and on account of the payment of the
adverse claim or the dishonor of the check or other order of
the person in whose name the deposit stands on the books of
the financial institution: PROVIDED, That where the person
in whose name the deposit stands is a fiduciary for the
adverse claimant, and the facts constituting such relationship,
and also the facts showing reasonable cause of belief on the
part of the claimant that the fiduciary is about to misappropriate the deposit, are made to appear by the affidavit of the
claimant, the financial institution shall, without liability,
refuse to deliver the property for a period of not more than
five business days from the date that the financial institution
receives the adverse claimant’s affidavit, without liability for
the sufficiency or truth of the facts alleged in the affidavit,
after which time the claim shall be treated as any other claim
under this section. [1981 c 192 § 22.]
30.22.220
30.22.210
[Title 30 RCW—page 38]
30.22.230 Authority to charge a customer for furnishing items or copies of items. A financial institution may
charge a customer for furnishing items or copies of items as
defined in RCW 62A.4-104, in excess of the number of free
items or copies of items provided for in RCW 62A.4-406(b),
fifty cents per copy furnished plus fees for retrieval at a rate
not to exceed the rate assessed when complying with summons issued by the Internal Revenue Service. [1993 c 229 §
118.]
30.22.230
Additional notes found at www.leg.wa.gov
30.22.240 Records—Disclosure—Requests by law
enforcement—Fees. (1) If a financial institution discloses
information in good faith concerning its customer or customers in accordance with this section, it shall not be liable to its
customers or others for such disclosure or its consequences.
Good faith will be presumed if the financial institution follows the procedures set forth in this section.
(2) A request for financial records made by a law
enforcement officer shall be submitted to the financial institution in writing stating that the officer is conducting a criminal investigation of actual or attempted withdrawals from an
30.22.240
(2010 Ed.)
Investment of Trust Funds
account at the institution and that the officer reasonably
believes a statutory notice of dishonor has been given pursuant to RCW 62A.3-515, fifteen days have elapsed, and the
item remains unpaid. The request shall include the name and
number of the account and be accompanied by a copy of:
(a) The front and back of at least one unpaid check or
draft drawn on the account that has been presented for payment no fewer than two times or has been drawn on a closed
account; and
(b) A statement of the dates or time period relevant to the
investigation.
(3) To the extent permitted by federal law, under subsection (2) of this section a financial institution shall within a
reasonable time disclose to a requesting law enforcement
officer so much of the following information as has been
requested concerning the account upon which the dishonored
check or draft was drawn, to the extent the records can be
located:
(a) The date the account was opened; the details and
amount of the opening deposit to the account; and if closed,
the reason the account was closed, the date the account was
closed, and balance at date of closing;
(b) A copy of the statements of the account for the relevant period including dates under investigation and the preceding and following thirty days and the closing statement, if
the account was closed;
(c) A copy of the front and back of the signature card;
and
(d) If the account was closed by the financial institution,
the name of the person notified of its closing and a copy of
the notice of the account’s closing and whether such notice
was returned undelivered.
(4) Financial institutions may charge requesting parties a
reasonable fee for the actual costs of providing services under
this chapter. These fees may not exceed rates charged to federal agencies for similar requests. In the event an investigation results in conviction, the court may order the defendant
to pay costs incurred by law enforcement under chapter 186,
Laws of 1995. [1995 c 186 § 2.]
30.22.245 Records—Admission as evidence—Certificate. Records obtained pursuant to this chapter shall be
admitted as evidence in all courts of this state, under Washington rule of evidence 902, when accompanied by a certificate substantially in the following form:
30.22.245
30.24.080
_____________________
Date
_____________________
Signature
Place of Signing
Type or Print Name/
Title/Telephone No.
[1995 c 186 § 3.]
30.22.250
30.22.250 No duty to request information. RCW
9.38.015 does not create a duty for financial institutions to
request the information set forth in RCW 9.38.015(1). [1995
c 186 § 5.]
30.22.900
30.22.900 Effective date—1981 c 192. This act shall
take effect on July 1, 1982. [1981 c 192 § 34.]
30.22.901
30.22.901 Severability—1995 c 186. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1995 c 186 § 7.]
30.22.902
30.22.902 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 76.]
Chapter 30.24
Chapter 30.24 RCW
INVESTMENT OF TRUST FUNDS
CERTIFICATE
Sections
1. The accompanying documents are true and correct copies of the records of [name of financial institution]. The records were made in the regular course
of business of the financial institution at or near the
time of the acts, events, or conditions which they
reflect.
2. They are produced in response to a request made
under RCW 30.22.240.
3. The undersigned is authorized to execute this certificate. I CERTIFY, under penalty of perjury under
the laws of the State of Washington, that the foregoing statements are true and correct.
30.24.080
(2010 Ed.)
Securities in default ineligible.
Fiduciary bonds, premium as lawful expense: RCW 48.28.020.
Investment of trust funds generally: Chapter 11.100 RCW.
Release of powers of appointment: Chapter 11.95 RCW.
30.24.080
30.24.080 Securities in default ineligible. Nothing in
this chapter shall be construed as authorizing any fiduciary to
invest funds held in trust, in any bonds, mortgages, notes or
other securities, during any default in payment of either principal or interest thereof. [1955 c 33 § 30.24.080. Prior: 1947
c 100 § 8; 1941 c 41 § 16; Rem. Supp. 1947 § 3255-16.]
[Title 30 RCW—page 39]
Chapter 30.32
Chapter 30.32
Title 30 RCW: Banks and Trust Companies
Chapter 30.32 RCW
DEALINGS WITH FEDERAL LOAN AGENCIES
Sections
30.32.010
30.32.020
30.32.030
30.32.040
Membership in federal reserve system—Investment in stock of
Federal Deposit Insurance Corporation.
Investment in federal home loan bank stock or bonds.
May borrow from home loan bank.
Federal home loan bank as depositary.
30.32.010 Membership in federal reserve system—
Investment in stock of Federal Deposit Insurance Corporation. Any bank, trust company or mutual savings bank
may become a member of the federal reserve system of the
United States and to that end may comply with all laws of the
United States and all rules, regulations and requirements promulgated pursuant thereto, including the investment of its
funds in the stock of a federal reserve bank; and any bank,
trust company or mutual savings bank, whether a member of
the federal reserve system or not, may invest its funds in the
stock of the Federal Deposit Insurance Corporation created
by the act of congress approved June 16, 1933, and may participate in the insurance of bank deposits and obligate itself
for the cost of such participation by assessments or otherwise
in accordance with the laws of the United States. [1955 c 33
§ 30.32.010. Prior: 1933 ex.s. c 9 § 1; RRS § 3235-1.]
30.32.010
30.32.020 Investment in federal home loan bank
stock or bonds. Any savings and loan association, building
and loan association, bank, trust company, savings bank, or
mutual savings bank may become a member of and invest its
funds in the bonds and/or the capital stock of a federal home
loan bank, and vote such stock in the manner prescribed by its
board of directors. [1955 c 33 § 30.32.020. Prior: 1933 c 105
§ 1; RRS § 3294-1.]
30.32.020
30.32.030 May borrow from home loan bank. Any
such bank, trust company, insurance company, or association, may borrow from any home loan bank and as security
for borrowing may pledge therewith the notes, mortgages,
trust deeds which it holds as shall be required by federal law,
and under such rules and regulations as shall be adopted by a
federal home loan bank. [1955 c 33 § 30.32.030. Prior: 1933
c 105 § 2; RRS § 3294-2.]
30.32.030
30.32.040 Federal home loan bank as depositary.
Any such bank, trust company, insurance company or association, may designate a federal home loan bank as a depositary
for its funds. [1955 c 33 § 30.32.040. Prior: 1933 c 105 § 3;
RRS § 3294-3.]
30.32.040
30.36.010 Definitions. Capital notes or debentures,
where used in this chapter, shall mean notes or other obligations issued by a bank, trust company or mutual savings bank,
for money obtained and used as additional capital or to
replace impaired capital stock: PROVIDED, Such notes or
other obligations are subordinate to the rights of depositors
and other creditors.
The term "capital" where used in this chapter shall mean
capital stock and/or capital notes. [1955 c 33 § 30.36.010.
Prior: 1935 c 42 § 1; RRS § 3295-1.]
30.36.010
30.36.020 Issuance and sale—Status—Conversion
rights. With the approval of the director, any bank, trust
company or mutual savings bank may at any time, through
action of its board of directors or trustees, issue and sell its
capital notes or debentures. Such capital notes or debentures
shall be subordinate to the claims of depositors and other
creditors. The holders of capital notes or debentures issued by
a bank or trust company shall have such conversion rights as
may be provided in the articles of incorporation with the
approval of the director. [1994 c 92 § 76; 1979 c 106 § 5;
1955 c 33 § 30.36.020. Prior: 1935 c 42 § 2; RRS 3295-2.]
30.36.020
30.36.030 Stock at less than par—Impairment.
Where any bank, trust company or mutual savings bank has
issued and has outstanding capital notes or debentures, it may
carry its capital stock on its books at a sum less than par, and
it shall not be considered impaired so long as the amount of
such capital notes or debentures equals or exceeds the impairment as found by the director. [1994 c 92 § 77; 1955 c 33 §
30.36.030. Prior: 1935 c 42 § 3; RRS § 3295-3.]
30.36.030
30.36.040 Impairment to be corrected before retirement of notes or debentures. Before such capital notes or
debentures are retired or paid by the bank, trust company or
mutual savings bank, any existing impairment of its capital
stock must be overcome or corrected to the satisfaction of the
director. [1994 c 92 § 78; 1955 c 33 § 30.36.040. Prior: 1935
c 42 § 4; RRS § 3295-4.]
30.36.040
30.36.050 Not subject to assessments—Liability of
holders. Such capital notes or debentures shall in no case be
subject to any assessment. The holders of such capital notes
or debentures shall not be held individually responsible, as
such holders, for any debts, contracts or engagements of such
institution, and as such holders, shall not be held liable for
assessments to restore impairments in the capital of such
institution. [1955 c 33 § 30.36.050. Prior: 1935 c 42 § 5;
RRS § 3295-5.]
30.36.050
Chapter 30.38
Chapter 30.36
Chapter 30.36 RCW
CAPITAL NOTES OR DEBENTURES
Sections
30.36.010
30.36.020
30.36.030
30.36.040
30.36.050
Definitions.
Issuance and sale—Status—Conversion rights.
Stock at less than par—Impairment.
Impairment to be corrected before retirement of notes or
debentures.
Not subject to assessments—Liability of holders.
[Title 30 RCW—page 40]
Chapter 30.38 RCW
INTERSTATE BANKING
Sections
30.38.005
30.38.010
30.38.015
30.38.020
Definitions.
Out-of-state bank may engage in banking in this state—Conditions—Director’s approval of interstate combination.
Out-of-state bank without a branch in this state—Options—
Director’s approval required—State reciprocity.
Out-of-state bank with host branches—Relocation of head
office—Reincorporation—Application— Director’s
approval required.
(2010 Ed.)
Interstate Banking
30.38.030
30.38.040
30.38.050
30.38.060
30.38.070
30.38.080
30.38.900
Out-of-state bank may maintain and operate branches—Powers and authorities.
Examinations of any branch of an out-of-state state bank—
Reporting requirements for any branch of an out-of-state
bank—Supervisory agreements—Joint examinations or
enforcement actions—Assessments.
Branch of out-of-state state bank—Violations—Unsafe and
unsound operations—Enforcement actions—Notice to home
state regulator.
Rules.
Out-of-state state bank becomes resulting bank—Branches in
this state—RCW 30.49.125(5) does not apply—When established and maintained—Notice to director.
Application of Washington laws—Declaration of invalidity.
Severability—1996 c 2.
30.38.005 Definitions. As used in this chapter, unless a
different meaning is required by the context, the following
words and phrases have the following meanings:
(1) "Bank" means any national bank, state bank, and district bank, as those terms are defined in 12 U.S.C. Sec.
1813(a), and any savings association, as defined in 12 U.S.C.
Sec. 1813(b).
(2) "Bank holding company" has the meaning set forth in
12 U.S.C. Sec. 1841(a)(1), and also means a savings and loan
holding company, as defined in 12 U.S.C. Sec. 1467a.
(3) "Bank supervisory agency" means:
(a) Any agency of another state with primary responsibility for chartering and supervising banks; and
(b) The office of the comptroller of the currency, the federal deposit insurance corporation, the board of governors of
the federal reserve system, and any successor to these agencies.
(4) "Control" shall be construed consistently with the
provisions of 12 U.S.C. Sec. 1841(a)(2).
(5) "Home state" means with respect to a:
(a) State bank, the state by which the bank is chartered;
or
(b) Federally chartered bank, the state in which the main
office of the bank is located under federal law.
(6) "Home state regulator" means, with respect to an outof-state state bank, the bank supervisory agency of the state
in which the bank is chartered.
(7) "Host state" means a state, other than the home state
of a bank, in which the bank maintains, or seeks to establish
and maintain a branch.
(8) "Interstate combination" means the:
(a) Merger or consolidation of banks with different home
states, and the conversion of branches of any bank involved
in the merger or consolidation into branches of the resulting
bank; or
(b) Purchase of all or substantially all of the assets,
including all or substantially all of the branches, of a bank
whose home state is different from the home state of the
acquiring bank.
(9) "Out-of-state bank" means a bank whose home state
is a state other than Washington.
(10) "Out-of-state state bank" means a bank chartered
under the laws of any state other than Washington.
(11) "Resulting bank" means a bank that has resulted
from an interstate combination under this chapter.
(12) "State" means any state of the United States, the
District of Columbia, any territory of the United States,
Puerto Rico, Guam, American Samoa, the Trust Territory of
30.38.005
(2010 Ed.)
30.38.015
the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
(13) "Washington bank" means a bank whose home state
is Washington.
(14) "Washington state bank" means a bank organized
under Washington banking law.
(15) "Branch" means an office of a bank through which
it receives deposits, other than its principal office. Any of the
functions or services authorized to be engaged in by a bank
may be carried out in an authorized branch office.
(16) "De novo branch" means a branch of a bank located
in a host state which:
(a) Is originally established by the bank as a branch; and
(b) Does not become a branch of the bank as a result of:
(i) The acquisition of another bank or a branch of another
bank; or
(ii) A merger, consolidation, or conversion involving
any such bank or branch. [2005 c 348 § 1; 1996 c 2 § 10.]
Effective date—2005 c 348: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 2005]." [2005 c 348 § 7.]
30.38.010 Out-of-state bank may engage in banking
in this state—Conditions—Director’s approval of interstate combination. (1) An out-of-state bank may engage in
banking in this state without violating RCW 30.04.280 only
if the conditions and filing requirements of this chapter are
met and the bank was lawfully engaged in banking in this
state on June 6, 1996, or the bank’s in-state banking activities:
(a) Resulted from an interstate combination pursuant to
RCW 30.49.125 or 32.32.500;
(b) Resulted from a relocation of a head office of a state
bank pursuant to 12 U.S.C. Sec. 30 and RCW 30.04.215(3);
(c) Resulted from a relocation of a main office of a
national bank pursuant to 12 U.S.C. Sec. 30;
(d) Resulted from the establishment of a branch of a savings bank in compliance with *RCW 32.04.030(2); or
(e) Resulted from interstate branching under RCW
30.38.015.
Nothing in this section affects the authorities of alien banks
as defined by RCW 30.42.020 to engage in banking within
this state.
(2) The director, consistent with 12 U.S.C. Sec.
1831u(b)(2)(D), may approve an interstate combination if the
standard on which the approval is based does not discriminate against out-of-state banks, out-of-state bank holding
companies, or subsidiaries of those banks or holding companies. [2005 c 348 § 2; 1996 c 2 § 11.]
30.38.010
*Reviser’s note: RCW 32.04.030 was amended by 2005 c 348 § 4,
changing subsection (2) to subsection (6).
Effective date—2005 c 348: See note following RCW 30.38.005.
30.38.015 Out-of-state bank without a branch in this
state—Options—Director’s approval required—State
reciprocity. (1) An out-of-state bank that does not have a
branch in Washington may, under this chapter, establish and
maintain:
(a) A de novo branch in this state; or
30.38.015
[Title 30 RCW—page 41]
30.38.020
Title 30 RCW: Banks and Trust Companies
(b) A branch in this state through the acquisition of a
branch.
(2) An out-of-state bank desiring to establish and maintain a de novo branch or to acquire a branch in this state shall
provide written application of the proposed transaction to the
director, accompanied by the fee prescribed by the director,
not later than three days after the date of filing with the
responsible federal bank supervisory agency for approval to
establish or acquire the branch.
(3) The director may not approve an application under
subsection (2) of this section unless it is found that:
(a) In the case of a de novo branch, the laws of the home
state of the out-of-state bank permit Washington banks to
establish and maintain de novo branches in that state under
substantially the same, or at least as favorable, terms and conditions as set forth in this chapter; or
(b) In the case of a branch established through the acquisition of a branch, the laws of the home state of the out-ofstate bank permit Washington banks to establish and maintain branches in that state through the acquisition of branches
under terms and conditions that are substantially the same, or
at least as favorable, as set forth in this chapter. [2005 c 348
§ 3.]
Effective date—2005 c 348: See note following RCW 30.38.005.
30.38.020 Out-of-state bank with host branches—
Relocation of head office—Reincorporation—Application— Director’s approval required. An out-of-state bank
with host branches in this state may relocate its head office in
Washington and reincorporate as a Washington state bank if
the director finds that the bank meets the standards as to capital structures, operations, business experience, and character
of officers and directors, and the bank follows the procedures
specified in this section.
The bank shall file with the director on a form prescribed
by the director, an application to relocate its head office to
Washington. Within six months upon acceptance of a complete application, the director shall notify the bank to file, in
triplicate, an executed and acknowledged certificate of reincorporation signed by a majority of the entire board of directors that at least two-thirds of each class of voting stock of the
bank entitled to vote thereon has approved the: (1) Head
office relocation; (2) change to a Washington state bank; and
(3) new articles of incorporation.
Within thirty days after receipt of the certificate and articles, the director shall endorse upon each of the triplicate
copies, over the director’s official signature, the word
"approved" or the word "refused," with the date of the
endorsement. In case of refusal the director shall immediately
return one of the triplicates, so endorsed, together with a
statement explaining the reason for refusal to the bank from
whom the certificate and articles were received. The refusal
shall be conclusive, unless the bank, within ten days of the
issuance of the notice of refusal, requests a hearing under
chapter 34.05 RCW. [1996 c 2 § 12.]
30.38.020
30.38.030 Out-of-state bank may maintain and operate branches—Powers and authorities. (1) If authorized to
engage in banking in this state under RCW 30.38.010, an outof-state bank may maintain and operate the branches in
30.38.030
[Title 30 RCW—page 42]
Washington of a Washington bank with which the out-ofstate bank or its predecessors engaged in an interstate combination.
(2) The out-of-state bank may establish or acquire and
operate additional branches in Washington to the same extent
that any Washington bank may establish or acquire and operate a branch in Washington under applicable federal and state
law.
(3) The out-of-state state bank may, at such branches,
unless otherwise limited by the bank’s home state law, exercise any powers and authorities that are authorized under the
laws of this state for Washington state banks.
(4) The out-of-state state bank may, at these branches,
exercise additional powers and authorities that are authorized
under the laws of its home state, only if the director determines in writing that the exercise of the additional powers
and authorities in this state will not threaten the safety and
soundness of banks in this state and serves the convenience
and needs of Washington consumers. Washington state banks
also may exercise the powers and authorities under RCW
30.08.140(16) or 32.08.140(15). [1996 c 2 § 13.]
30.38.040 Examinations of any branch of an out-ofstate state bank—Reporting requirements for any branch
of an out-of-state bank—Supervisory agreements—Joint
examinations or enforcement actions—Assessments. (1)
The director may make examinations of any branch in this
state of an out-of-state state bank as the director deems necessary to determine whether the branch is being operated in
compliance with the laws of this state or is conducting its
activities in accordance with safe and sound banking practices. The provisions applicable to examinations and sharing
of information of Washington state banks shall apply to these
examinations.
(2) The director may prescribe requirements for reports
regarding any branches of an out-of-state bank that operates a
branch in Washington pursuant to this chapter. The required
reports shall be provided by the bank or by the bank supervisory agency having primary responsibility for the bank. Any
reporting requirements prescribed by the director under this
subsection shall be consistent with the reporting requirements
applicable to Washington state banks and appropriate for the
purpose of enabling the director to carry out his or her
responsibilities under this chapter.
(3) The director may enter into supervisory agreements
with any bank supervisory agency that has concurrent jurisdiction over a Washington state bank or an out-of-state state
bank operating a branch in this state pursuant to this chapter
to engage the services of that agency’s examiners at a reasonable rate of compensation, or to provide the services of the
director’s examiners to that agency at a reasonable rate of
compensation. These contracts are exempt from the requirements of chapter 39.29 RCW. The director also may enter
into supervisory agreements with other appropriate bank
supervisory agencies and the bank to prescribe the applicable
laws governing powers and authorities, including but not limited to corporate governance and operational matters, of
Washington branches of an out-of-state bank chartered by
another state or out-of-state branches of a Washington state
bank. The supervisory agreement may resolve conflict of
laws among home and host states and specify the manner in
30.38.040
(2010 Ed.)
Alien Banks
which the examination, supervision, and application processes shall be coordinated among the home and host states.
(4) The director may enter into joint examinations or
joint enforcement actions with other bank supervisory agencies having concurrent jurisdiction over any branch in Washington of an out-of-state state bank or any branch of a Washington state bank in any host state. The director also may at
any time take action independently if the director deems it
necessary or appropriate to carry out his or her responsibilities under this chapter or to ensure compliance with the laws
of this state. However, in the case of an out-of-state state
bank, the director shall recognize the exclusive authority of
the home state regulator over corporate governance and operational matters and the primary responsibility of the home
state regulator with respect to safety and soundness matters,
unless otherwise specified in the supervisory agreement executed pursuant to this section.
(5) Each out-of-state state bank that maintains one or
more branches in this state may be assessed and, if assessed,
shall pay supervisory and examination fees in accordance
with the laws of this state and rules of the director. The director is authorized to enter into agreements to share fees with
other bank supervisory agencies or any organization affiliated with or representing one or more bank supervisory agencies. [1996 c 2 § 14.]
30.38.050 Branch of out-of-state state bank—Violations—Unsafe and unsound operations—Enforcement
actions—Notice to home state regulator. If the director
determines that a branch maintained by an out-of-state state
bank in this state is being operated in violation of the laws of
this state, or that the branch is being operated in an unsafe and
unsound manner, the director has the authority to take all
enforcement actions he or she would be empowered to take if
the branch were a Washington state bank. However, the
director shall promptly give notice to the home state regulator
of each enforcement action taken against an out-of-state state
bank and, to the extent practicable, shall consult and cooperate with the home state regulator in pursuing and resolving
the enforcement action. [1996 c 2 § 15.]
30.38.050
30.38.060 Rules. The director may adopt those rules
necessary to implement chapter 2, Laws of 1996. [1996 c 2 §
16.]
30.38.060
30.38.070 Out-of-state state bank becomes resulting
bank—Branches in this state—RCW 30.49.125(5) does
not apply—When established and maintained—Notice to
director. (1) Any out-of-state state bank that will be the
resulting bank pursuant to an interstate combination involving any bank with branches in Washington, if RCW
30.49.125(5) does not apply, shall notify the director of the
proposed combination not later than three days after the date
of filing of an application for the combination with the
responsible federal bank supervisory agency, and shall submit a copy of the application to the director and pay applicable application fees, if any, required by the director. In lieu of
notice from the out-of-state state bank the director may
accept notice from the bank’s home state regulator. The
director has the authority to waive any procedures required
30.38.070
(2010 Ed.)
Chapter 30.42
by Washington merger laws if the director finds that the provision is in conflict with the applicable federal law or in conflict with the applicable law of the state of the resulting bank.
(2) An out-of-state state bank that has established and
maintains a branch in this state pursuant to this chapter shall
give at least thirty days’ prior written notice or, in the case of
an emergency transaction, shorter notice as is consistent with
the applicable state or federal law, to the director of any transaction that would cause a change of control with respect to
the bank or any bank holding company that controls the bank,
with the result that an application would be required to be
filed pursuant to the federal change in bank control act of
1978, as amended, 12 U.S.C. Sec. 1817(j), or the federal bank
holding company act of 1956, as amended, 12 U.S.C. Sec.
1841 et seq., or any successor statutes. In lieu of notice from
the out-of-state state bank the director may accept notice
from the bank’s home state regulator. [1996 c 2 § 17.]
30.38.080 Application of Washington laws—Declaration of invalidity. (1) The laws of Washington applicable
to Washington state banks regarding community reinvestment, consumer protection, fair lending, and the establishment of intrastate branches apply to any branch in Washington of an out-of-state national bank or out-of-state state bank
to the same extent as Washington laws apply to a Washington
state bank. In lieu of taking action directly against an out-ofstate state bank to enforce compliance with these Washington
laws on host state branches, the director may refer action to
the home state regulator, but the director retains enforcement
powers to ensure that compliance is satisfactory to the director.
(2) Any host state branch of a Washington state bank
shall comply with all applicable host state laws concerning
community reinvestment, consumer protection, fair lending,
and the establishment of intrastate branches.
(3) In the event that the responsible federal chartering
authority, pursuant to applicable federal law, or in the event a
court of competent jurisdiction declares that any Washington
state law is invalid with respect to an out-of-state or national
bank, that Washington state law is also invalid with respect to
Washington state banks and to host branches of out-of-state
state banks to that same extent. The director may, from time
to time, publish by rule Washington state laws that have been
found invalidated pursuant to federal law and procedures.
This subsection does not impair, in any manner, the authority
of the state attorney general to enforce antitrust laws applicable to banks, bank holding companies, or affiliates of those
banks or bank holding companies. [1996 c 2 § 18.]
30.38.080
30.38.900 Severability—1996 c 2. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1996 c 2 § 32.]
30.38.900
Chapter 30.42 RCW
ALIEN BANKS
Chapter 30.42
Sections
30.42.010
Purpose.
[Title 30 RCW—page 43]
30.42.010
30.42.020
30.42.030
30.42.040
30.42.050
30.42.060
30.42.070
30.42.080
30.42.090
30.42.100
30.42.105
30.42.115
30.42.120
30.42.130
30.42.140
30.42.145
30.42.150
30.42.155
30.42.160
30.42.170
30.42.180
30.42.190
30.42.200
30.42.210
30.42.220
30.42.230
30.42.240
30.42.250
30.42.260
30.42.270
30.42.280
30.42.290
30.42.300
30.42.310
30.42.320
30.42.330
30.42.340
30.42.900
Title 30 RCW: Banks and Trust Companies
Definitions.
Authorization and compliance with chapter required.
More than one office prohibited.
Acquisition or serving on board of directors or trustees of other
financial institutions prohibited.
Conditions to be met before opening office in state.
Allocated paid-in capital—Requirements.
Separate assets—Books and records—Priority as to assets.
Approval of application—Criteria—Reciprocity.
Notice of approval—Filing—Time period for commencing
business.
Power to make loans and to guarantee obligations.
Solicitation and acceptance of deposits.
Requirements for accepting deposits or transacting business.
Taking possession by director—Reasons—Disposition of
deposits—Claims—Priorities.
Investigations—Examinations.
Examination reports and information—Confidential—Privileged—Penalty.
Loans subject to usury laws.
Powers and activities.
Powers as to real estate.
Advertising, status of federal insurance on deposits to be
included—Gifts for new deposits.
Approved agencies—Powers and activities.
Bonding requirements for officers and employees.
Books and accounts—English language.
Bureaus—Application procedure.
Bureaus—Approval—Certificate of authority—Time limit for
commencing business.
Bureaus—Number—Powers.
Bureaus—Examinations.
Temporary facilities at trade fairs, etc.
Reports.
Taxation.
Directors, officers, and employees—Duties, responsibilities
and restrictions—Removal.
Compliance—Violations—Penalties.
Suspension or revocation of certificate to operate—Grounds.
Change of location.
Rules.
Fees.
Alien banks or branches in business on or before effective
date.
Severability—1973 1st ex.s. c 53.
30.42.010 Purpose. The purpose of this chapter is to
establish a legal and regulatory framework for operation by
alien banks in the state of Washington that will:
(1) Create a financial climate which will benefit the
economy of the state of Washington;
(2) Provide a well regulated and supervised financial
system to assist the movement of foreign capital into Washington state for the support and diversification of the local
industrial base;
(3) Assist the development of the economy of the state of
Washington without disrupting business relationships of state
and federal financial institutions. [1973 1st ex.s. c 53 § 1.]
30.42.010
30.42.020 Definitions. For the purposes of this chapter,
the following terms shall be defined as follows:
(1) "Alien bank" means a bank organized under the laws
of a foreign country and having its principal place of business
in that country, the majority of the beneficial ownership and
control of which is vested in citizens of countries other than
the United States of America.
(2) "Office" means a branch or agency of an alien bank
carrying on business in this state pursuant to this chapter.
(3) "Branch" means an office of an alien bank that is
exercising the powers authorized by RCW 30.42.105,
30.42.115, and 30.42.155.
(4) "Agency" means an office of an alien bank that is
exercising the powers authorized by RCW 30.42.180.
30.42.020
[Title 30 RCW—page 44]
(5) "Bureau" means an alien bank’s operation in this
state exercising the powers authorized by RCW 30.42.230.
[1994 c 92 § 80; 1983 c 3 § 48; 1973 1st ex.s. c 53 § 2.]
30.42.030
30.42.030 Authorization and compliance with chapter required. An alien bank shall not establish and operate
an office or bureau in this state unless it is authorized to do so
by the director and unless it first complies with all of the provisions of this chapter and then only to the extent expressly
permitted by this chapter. [1994 c 92 § 81; 1973 1st ex.s. c 53
§ 3.]
30.42.040
30.42.040 More than one office prohibited. An alien
bank shall not be permitted to have more than one office in
this state. [1973 1st ex.s. c 53 § 4.]
30.42.050
30.42.050 Acquisition or serving on board of directors or trustees of other financial institutions prohibited.
An alien bank shall not take over or acquire an existing federal or state-chartered bank, trust company, mutual savings
bank, savings and loan association, or credit union or any
branch of any such bank, trust company, mutual savings
bank, savings and loan association, or credit union in this
state; nor shall any designee, officer, agent or employee of an
alien bank serve on the board of directors of any federal or
state bank, trust company, savings and loan association, or
credit union, or the board of trustees of a mutual savings
bank. [1973 1st ex.s. c 53 § 5.]
30.42.060
30.42.060 Conditions to be met before opening office
in state. An alien bank shall not hereafter open an office in
this state until it has met the following conditions:
(1) It has filed with the director an application in such
form and containing such information as shall be prescribed
by the director.
(2) It has designated the director by a duly executed
instrument in writing, its agent, upon whom process in any
action or proceeding arising out of a transaction with the
Washington office may be served. Such service shall have the
same force and effect as if the alien bank were a Washington
corporation and had been lawfully served with process within
the state. The director shall forward by mail, postage prepaid,
a copy of every process served upon him or her under the provisions of this subdivision, addressed to the manager or agent
of such bank at its office in this state.
(3) It has allocated and assigned to its office within this
state paid-in capital of not less than two hundred thousand
dollars or such larger amounts as the director in his or her discretion may require.
(4) It has filed with the director a letter from its chief
executive officer guaranteeing that the alien bank’s entire
capital and surplus is and shall be available for all liabilities
and obligations of its office doing business in this state.
(5) It has paid the fees required by law and established by
the director pursuant to RCW 30.08.095.
(6) It has received from the director his or her certificate
authorizing the transaction of business in conformity with
this chapter. [1994 c 92 § 82; 1973 1st ex.s. c 53 § 6.]
(2010 Ed.)
Alien Banks
30.42.070 Allocated paid-in capital—Requirements.
The capital allocated as required in RCW 30.42.060(3) shall
be maintained within this state at all times in cash or in director approved interest bearing bonds, notes, debentures, or
other obligations: (1) Of the United States or of any agency
or instrumentality thereof, or guaranteed by the United
States; or (2) of this state, or of a city, county, town, or other
municipal corporation, or instrumentality of this state or
guaranteed by this state, or such other assets as the director
may approve. Such capital shall be deposited with a bank
qualified to do business in and having its principal place of
business within this state, or in a national bank qualified to
engage in banking in this state. Such bank shall issue a written receipt addressed and delivered to the director reciting
that such deposit is being held for the sole benefit of the
United States domiciled creditors of such alien bank’s Washington office and that the same is subject to his or her order
without offset for the payment of such creditors. For the purposes of this section, the term "creditor" shall not include any
other offices, branches, subsidiaries, or affiliates of such alien
bank. Subject to the approval of the director, reasonable
arrangements may be made for substitution of securities. So
long as it shall continue business in this state in conformance
with this chapter and shall remain solvent, such alien bank
shall be permitted to collect all interest and/or income from
the assets constituting such allocated capital.
Should any securities so depreciate in market value
and/ or quality as to reduce the deposit below the amount
required, additional money or securities shall be deposited
promptly in amounts sufficient to meet such requirements.
The director may make an investigation of the market value
and of the quality of any security deposited at the time such
security is presented for deposit or at any time thereafter. The
director may make such charge as may be reasonable and
proper for such investigation. [1994 c 92 § 83; 1982 c 95 § 1;
1979 c 106 § 6; 1973 1st ex.s. c 53 § 7.]
30.42.070
Additional notes found at www.leg.wa.gov
30.42.080 Separate assets—Books and records—Priority as to assets. Every alien bank maintaining an office in
this state shall keep the assets of its Washington office
entirely separate and apart from the assets of its other operations as though the Washington office was conducted as a
separate and distinct entity. Every such alien bank shall keep
separate books of account and records for its Washington
office and shall observe with respect to such office the applicable requirements of this chapter and the applicable rules
and regulations of the director. The United States domiciled
creditors of such alien bank’s Washington office shall be
entitled to priority with respect to the assets of its Washington
office before such assets may be used or applied for the benefit of its other creditors or transferred to its general business.
[1994 c 92 § 84; 1973 1st ex.s. c 53 § 8.]
30.42.080
30.42.090 Approval of application—Criteria—Reciprocity. The director may give or withhold his or her
approval of an application by an alien bank to establish an
office in this state at his or her discretion. The director’s decision shall be based on the information submitted to his or her
office in the application required by RCW 30.42.060 and
such additional investigation as the director deems necessary
30.42.090
(2010 Ed.)
30.42.115
or appropriate. Prior to granting approval to said application,
the director shall have ascertained to his or her satisfaction
that all of the following are true:
(1) The proposed location offers a reasonable promise of
adequate support for the proposed office;
(2) The proposed office is not being formed for other
than legitimate objects;
(3) The proposed officers of the proposed office have
sufficient banking experience and ability to afford reasonable
promise of successful operation;
(4) The reputation and financial standing of the alien
bank is such as to command the confidence and warrant
belief that the business of the proposed office will be conducted honestly and efficiently in accordance with the intent
and purpose of this chapter, as set forth in RCW 30.42.010;
(5) The principal purpose of establishing such office
shall be within the intent of this chapter.
The director shall not grant an application for an office
of an alien bank unless the law of the foreign country under
which laws the alien bank is organized permits a bank with its
principal place of business in this state to establish in that foreign country a branch, agency or similar operation. [1994 c
92 § 85; 1973 1st ex.s. c 53 § 9.]
30.42.100 Notice of approval—Filing—Time period
for commencing business. If the director approves the
application, he or she shall notify the alien bank of his or her
approval and shall file certified copies of its charter, certificate or other authorization to do business with the secretary
of state. Upon such filing, the director shall issue a certificate
of authority stating that the alien bank is authorized to conduct business through a branch or agency in this state at the
place designated in accordance with this chapter. Each such
certificate shall be conspicuously displayed at all times in the
place of business specified therein.
The office of the alien bank must commence business
within six months after the issuance of the director’s certificate: PROVIDED, That the director for good cause shown
may extend such period for an additional time not to exceed
three months. [1994 c 92 § 86; 1985 c 305 § 7; 1973 1st ex.s.
c 53 § 10.]
30.42.100
30.42.105 Power to make loans and to guarantee
obligations. An approved branch of an alien bank shall have
the same power to make loans and guarantee obligations as a
state bank chartered pursuant to Title 30 RCW: PROVIDED,
HOWEVER, That the base for computing the applicable loan
limitation shall be the entire capital and surplus of the alien
bank. The director may adopt rules limiting the amount of
loans to full-time employees of the branch. [1994 c 92 § 87;
1982 c 95 § 4.]
30.42.105
Additional notes found at www.leg.wa.gov
30.42.115 Solicitation and acceptance of deposits. (1)
Any branch of an alien bank that received approval of its
branch application pursuant to RCW 30.42.090, or that had
filed its branch application pursuant to RCW 30.42.060, on or
before July 27, 1978, and any approved branch of an alien
bank that has designated Washington as its home state pursuant to section 5 of the International Banking Act of 1978,
30.42.115
[Title 30 RCW—page 45]
30.42.120
Title 30 RCW: Banks and Trust Companies
shall have the same power to solicit and accept deposits as a
state bank chartered pursuant to Title 30 RCW, except that
acceptance of initial deposits of less than one hundred thousand dollars shall be limited to deposits of the following:
(a) Any business entity, including any corporation, partnership, association, or trust, that engages in commercial
activity for profit: PROVIDED, That there shall be excluded
from this category any such business entity that is organized
under the laws of any state or the United States, is majorityowned by United States citizens or residents, and has total
assets, including assets of majority owned subsidiaries, of
less than one million five hundred thousand dollars as of the
date of the initial deposit;
(b) Any governmental unit, including the United States
government, any state government, any foreign government
and any political subdivision or agency of the foregoing;
(c) Any international organization which is composed of
two or more nations;
(d) Any draft, check, or similar instrument for the transmission of funds issued by the branch;
(e) Any depositor who is not a citizen of the United
States and who is not a resident of the United States at the
time of the initial deposit;
(f) Any depositor who established a deposit account on
or before July 1, 1982, and who has continuously maintained
the deposit account since that date: PROVIDED, That this
subparagraph (f) of this subsection shall be effective only
until July 1, 1985;
(g) Any other person: PROVIDED, That the amount of
deposits under this subparagraph (g) of this subsection may
not exceed four percent of the average of the branch’s deposits for the last thirty days of the most recent calendar quarter,
excluding deposits in the branch of other offices, branches,
agencies, or wholly owned subsidiaries of the alien bank.
(2) As used in subsection (1) of this section, "initial
deposit" means the first deposit transaction between a depositor and the branch. Different deposit accounts that are held
by a depositor in the same right and capacity may be added
together for purposes of determining the dollar amount of
that depositor’s initial deposit.
(3) Approved branches of alien banks, other than those
described in subsection (1) of this section, may solicit and
accept deposits only from foreign governments and their
agencies and instrumentalities, persons, or entities conducting business principally at their offices or establishments
abroad, and such other deposits that:
(a) Are to be transmitted abroad;
(b) Consist of collateral or funds to be used for payment
of obligations to the branch;
(c) Consist of the proceeds of collections abroad that are
to be used to pay for exported or imported goods or for other
costs of exporting or importing or that are to be periodically
transferred to the depositor’s account at another financial
institution;
(d) Consist of the proceeds of extensions of credit by the
branch; or
(e) Represent compensation to the branch for extensions
of credit or services to the customer.
(4) A branch may accept deposits, subject to the limitations set forth in subsections (1) and (3) of this section, only
upon the same terms and conditions (including nature and
[Title 30 RCW—page 46]
extent of such deposits, withdrawal, and the payment of interest thereon) that banks organized under the laws of this state
which are members of the Federal Reserve System may
accept such deposits. Any branch that is not subject to reserve
requirements under regulations of the Federal Reserve Board
shall maintain deposit reserves in this state, pursuant to rules
adopted by the director, to the same extent they must be
maintained by banks organized under the laws of this state
which are members of the Federal Reserve System. [1994 c
92 § 88; 1985 c 305 § 8; 1982 c 95 § 6.]
Additional notes found at www.leg.wa.gov
30.42.120 Requirements for accepting deposits or
transacting business. A branch shall not commence to
transact in this state the business of accepting deposits or
transact such business thereafter unless it has met the following requirements:
(1) It has obtained federal deposit insurance corporation
insurance covering its eligible deposit liabilities within this
state, or in lieu thereof, made arrangements satisfactory to the
director for maintenance within this state of additional capital
equal to not less than five percent of its deposit liabilities,
computed on the basis of the average daily net deposit balances covering semimonthly periods as prescribed by the
director. Such additional capital shall be deposited in the
manner provided in RCW 30.42.070.
(2) It holds in this state currency, bonds, notes, debentures, drafts, bills of exchange, or other evidences of indebtedness or other obligations payable in the United States or in
United States funds or, with the approval of the director, in
funds freely convertible into United States funds or such
other assets as are approved by the director, in an amount not
less than one hundred percent of the aggregate amount of liabilities of such alien bank payable at or through its office in
this state. When calculating the value of the assets so held,
credit shall be given for the amounts deposited pursuant to
RCW 30.42.060(3) and 30.42.120(1), but there shall be
excluded all amounts due from the head office and any other
branch, agency, or other office or wholly-owned subsidiary
of the bank, except those amounts due from such offices or
subsidiaries located within the United States and payable in
United States dollars.
(3) If deposits are not insured by the federal deposit
insurance corporation, then that fact shall be disclosed to all
depositors pursuant to rules of the director.
(4) If the branch conducts an international banking facility, the deposits of which are exempt from reserve requirements of the federal reserve banking system, the liabilities of
that facility shall be excluded from the deposit and other liabilities of the branch for the purposes of subsection (1) of this
section. [1994 c 92 § 89; 1982 c 95 § 2; 1975 1st ex.s. c 285
§ 2; 1973 1st ex.s. c 53 § 12.]
30.42.120
Additional notes found at www.leg.wa.gov
30.42.130 Taking possession by director—Reasons—
Disposition of deposits—Claims—Priorities. The director
may take possession of the office of an alien bank for the reasons stated and in the manner provided in chapter 30.44
RCW. Upon the director taking such possession of a branch,
no deposit liabilities of which are insured by the federal
30.42.130
(2010 Ed.)
Alien Banks
deposit insurance corporation, the amounts deposited pursuant to RCW 30.42.120(1) shall thereupon become the property of the director, free and clear of any and all liens and
other claims, and shall be held by the director in trust for the
United States domiciled depositors of the office in this state
of such alien bank. Upon obtaining the approval of the superior court of Thurston county, the director shall reduce such
deposited capital to cash and as soon as practicable distribute
it to such depositors.
If sufficient cash is available, such distribution shall be
in equal amounts to each such depositor: PROVIDED, That
no such depositor receives more than the amount of his or her
deposit or an amount equal to the maximum amount insured
by the federal deposit insurance corporation, whichever is
less. If sufficient cash is not available, such distribution shall
be on a pro rata basis to each such depositor: PROVIDED,
That no such depositor receives more than the maximum
amount insured by the federal deposit insurance corporation.
If any cash remains after such distribution, it shall be distributed pro rata to those depositors whose deposits have not
been paid in full: PROVIDED, That no depositor receives
more than the amount of his deposit. For purposes of this section, the term "depositor" shall not include any other offices,
subsidiaries or affiliates of such alien bank.
The term "deposit" as used in this section shall mean the
unpaid balance of money or its equivalent received or held by
the branch in the usual course of its business and for which it
has given or is obligated to give credit, either conditionally or
unconditionally to a demand, time or savings account, or
which is evidenced by its certificate of deposit, or a check or
draft drawn against a deposit account and certified by the
branch, or a letter of credit or traveler’s checks on which the
branch is primarily liable.
Claims of depositors and creditors shall be made and disposed of in the manner provided in chapter 30.44 RCW in the
event of insolvency or inability of the bank to pay its creditors in this state. The capital deposit of the bank shall be
available for claims of depositors and creditors. The claims of
depositors and creditors shall be paid from the capital deposit
in the following order or priority:
(1) Claims of depositors not paid from the amounts
deposited pursuant to RCW 30.42.120(1);
(2) Claims of Washington domiciled creditors;
(3) Other creditors domiciled in the United States; and
(4) Creditors domiciled in foreign countries.
The director shall proceed in accordance with and have
all the powers granted by chapter 30.44 RCW. [1994 c 92 §
90; 1973 1st ex.s. c 53 § 13.]
30.42.140 Investigations—Examinations. The director, without previous notice, shall visit the office of an alien
bank doing business in this state pursuant to this chapter at
least once every eighteen months, and more often if necessary, for the purpose of making a full investigation into the
condition of such office, and for that purpose they are hereby
empowered to administer oaths and to examine under oath
any director or member of its governing body, officer,
employee, or agent of such alien bank or office. The director
shall make such other full or partial examination as he or she
deems necessary. The director shall collect, from each alien
bank for each examination of the conditions of its office in
30.42.140
(2010 Ed.)
30.42.155
this state, the estimated actual cost of such examination.
[2001 c 176 § 1; 1994 c 92 § 91; 1982 c 95 § 3; 1973 1st ex.s.
c 53 § 14.]
Additional notes found at www.leg.wa.gov
30.42.145 Examination reports and information—
Confidential—Privileged—Penalty. See RCW 30.04.075.
30.42.145
30.42.150 Loans subject to usury laws. Loans made
by an office shall be subject to the laws of the state of Washington relating to usury. [1973 1st ex.s. c 53 § 15.]
30.42.150
30.42.155 Powers and activities. (1) In addition to the
taking of deposits and making of loans as provided in this
chapter, a branch of an alien bank shall have the power only
to carry out these other activities:
(a) Borrow funds from banks and other financial institutions;
(b) Make investments to the same extent as a state bank
chartered pursuant to Title 30 RCW;
(c) Buy and sell foreign exchange;
(d) Receive checks, bills, drafts, acceptances, notes,
bonds, coupons, and other securities for collection abroad
and collect such instruments in the United States for customers abroad;
(e) Hold securities in safekeeping for, or buy and sell
securities upon the order and for the risk of, customers
abroad;
(f) Act as paying agent for securities issued by foreign
governments or other organizations organized under foreign
law and not qualified under the laws of the United States, or
of any state or the District of Columbia, to do business in the
United States;
(g) In order to prevent loss on debts previously contracted a branch may acquire shares in a corporation: PROVIDED, That the shares are disposed of as soon as practical
but in no event later than two years from the date of acquisition;
(h) Issue letters of credit and create acceptances;
(i) Act as paying agent or trustee in connection with revenue bonds issued pursuant to chapter 39.84 RCW, in which
the user is: (i) A corporation organized under the laws of a
country other than the United States, or a subsidiary or affiliate owned or controlled by such a corporation; or (ii) a corporation, partnership, or other business organization, the majority of the beneficial ownership of which is owned by persons
who are citizens of a country other than the United States and
who are not residents of the United States, and any subsidiary
or affiliate owned or controlled by such an organization; or in
which the bank purchases twenty-five percent or more of the
bond issue. For the purposes of chapter 39.84 RCW, such an
alien bank shall be deemed to possess trust powers.
(2) In addition to the powers and activities expressly
authorized by this section, a branch shall have the power to
carry on such additional activities which are necessarily incidental to the activities expressly authorized by this section.
[1982 c 95 § 5.]
30.42.155
Additional notes found at www.leg.wa.gov
[Title 30 RCW—page 47]
30.42.160
Title 30 RCW: Banks and Trust Companies
30.42.160 Powers as to real estate. An alien bank may
purchase, hold and convey real estate for the following purposes and no other:
(1) Such as shall be necessary for the convenient transaction of its business, including with its banking offices other
apartments in the same building to rent as a source of income:
PROVIDED, That not to exceed thirty percent of its capital
and surplus and undivided profits may be so invested without
the approval of the director.
(2) Such as shall be purchased or conveyed to it in satisfaction, or on account of, debts previously contracted in the
course of business.
(3) Such as it shall purchase at sale under judgments,
decrees, liens or mortgage foreclosures, against securities
held by it.
(4) Such as it may take title to or for the purpose of
investing in real estate conditional sales contracts.
(5) Such as shall be convenient for the residences of its
employees.
No real estate except that specified in subsections (1) and
(5) of this section may be carried as an asset on the corporation’s books for a longer period than five years from the date
title is acquired thereto, unless an extension of time be
granted by the director. [1994 c 92 § 92; 1975 1st ex.s. c 285
§ 3; 1973 1st ex.s. c 53 § 16.]
30.42.160
30.42.170 Advertising, status of federal insurance on
deposits to be included—Gifts for new deposits. (1) An
alien bank that advertises the services of its branch in the
state of Washington shall indicate on all advertising materials
whether or not deposits placed with its branch are insured by
the federal deposit insurance corporation.
(2) A branch shall not make gifts to a new deposit customer of a greater value than five dollars in total. The value
of the gifts shall be the cost to the branch of acquiring said
gift. [1973 1st ex.s. c 53 § 17.]
30.42.170
30.42.180 Approved agencies—Powers and activities. An approved agency of an alien bank may engage in the
business of making loans and guaranteeing obligations for
the financing of the international movement of goods and services and for all operational needs including working capital
and short-term operating needs and for the acquisition of
fixed assets. Other than such activities, such agency may
engage only in the following activities:
(1) Borrow funds from banks and other financial institutions;
(2) Buy and sell foreign exchange;
(3) Receive checks, bills, drafts, acceptances, notes,
bonds, coupons, and other securities for collection abroad
and collect such instruments in the United States for customers abroad;
(4) Hold securities in safekeeping for, or buy and sell
securities upon the order and for the risk of, customers
abroad;
(5) Act as paying agent for securities issued by foreign
governments or other organizations organized under foreign
law and not qualified under the laws of the United States, or
any state or the District of Columbia to do business in the
United States;
30.42.180
[Title 30 RCW—page 48]
(6) In order to prevent loss on debts previously contracted, an agency may acquire shares in a corporation: PROVIDED, That the shares are disposed of as soon as practical,
but in no event later than two years from the date of acquisition;
(7) Issue letters of credit and create acceptances;
(8) In addition to the powers and activities expressly
authorized by this section, an agency shall have the power to
carry on such additional activities which are necessarily incidental to the activities expressly authorized by this section.
[1973 1st ex.s. c 53 § 18.]
30.42.190 Bonding requirements for officers and
employees. All officers and employees of an office shall be
subject to the same bonding requirements as are officers and
employees of banks incorporated under the laws of this state.
[1973 1st ex.s. c 53 § 19.]
30.42.190
30.42.200 Books and accounts—English language.
The books and accounts of an office and a bureau shall be
kept in words and figures of the English language. [1973 1st
ex.s. c 53 § 20.]
30.42.200
30.42.210 Bureaus—Application procedure. (1)
Application procedure. An alien bank shall not establish and
operate a bureau in this state unless it is authorized to do so
and unless it has met the following conditions:
(a) It has filed with the director an application in such
form and containing such information as shall be prescribed
by the director;
(b) It has paid the fee required by law and established by
the director pursuant to RCW 30.08.095;
(c) It has received from the director a certificate authorizing the applicant bank to establish and operate a bureau in
conformity herewith.
(2) Upon receipt of the bank’s application, and the conducting of such examination or investigation as the director
deems necessary and appropriate and being satisfied that the
opening of such bureau will be consistent with the purposes
of this chapter, the director may grant approval for the bureau
and issue a certificate authorizing the alien bank to establish
and operate a bureau in the state of Washington. [1994 c 92
§ 93; 1973 1st ex.s. c 53 § 21.]
30.42.210
30.42.220 Bureaus—Approval—Certificate of
authority—Time limit for commencing business. If the
director approves the application, he or she shall notify the
alien bank of his or her approval and shall file certified copies
of its charter, certificate, or other authorization to do business
with the secretary of state and with the recording officer of
the county in which the bureau is to be located. Upon such filing, the director shall issue a certificate of authority stating
that the alien bank is authorized to operate a bureau in this
state at the place designated in accordance with this chapter.
No such certificate shall be transferable or assignable. Such
certificate shall be conspicuously displayed at all times in the
place of business specified therein.
A bureau of an alien bank must commence business
within six months after the issuance of the director’s certificate: PROVIDED, That the director for good cause shown
30.42.220
(2010 Ed.)
Alien Banks
may extend such period for an additional time not to exceed
three months. [1994 c 92 § 94; 1973 1st ex.s. c 53 § 22.]
30.42.230 Bureaus—Number—Powers. An alien
bank may have as many bureaus in this state as the director
will authorize. A bureau in this state may provide information
about services offered by the alien bank, its subsidiaries and
affiliates and may gather and provide business and economic
information. A bureau may not take deposits, make loans or
transact other commercial or banking business in this state.
[1994 c 92 § 95; 1973 1st ex.s. c 53 § 23.]
30.42.230
30.42.240 Bureaus—Examinations. The director is
empowered to examine the bureau operations of an alien
bank whenever he or she deems it necessary. The director
shall collect from such alien bank the estimated actual cost of
such examination. [1994 c 92 § 96; 1973 1st ex.s. c 53 § 24.]
30.42.240
30.42.250 Temporary facilities at trade fairs, etc. An
alien bank may operate temporary facilities at trade fairs or
other commercial events of short duration without first
obtaining the approval of the director: PROVIDED, That the
activities of such temporary facility are limited solely to the
dissemination of information: AND PROVIDED FURTHER, If an alien bank engages in such activity, it shall
notify the director in writing prior to opening of the nature
and location of such facility. The director is empowered to
investigate the operation of such temporary facility if he or
she deems it necessary, and to collect from the alien bank the
estimated actual cost thereof. [1994 c 92 § 97; 1973 1st ex.s.
c 53 § 25.]
30.42.250
30.42.260 Reports. (1) An office of an alien bank shall
file the following reports with the director within such times
and in such form as the director shall prescribe by rule:
(a) A statement of condition of the office;
(b) A capital position report of the office;
(c) A consolidated statement of condition of an alien
bank.
(2) An office of an alien bank shall publish such reports
as the director by rule may prescribe.
(3) An alien bank operating a bureau in this state shall
file a copy of the alien bank’s annual financial report with the
director as soon as possible following the end of each fiscal
year and shall file such other material as the director may prescribe by rule. [1994 c 92 § 98; 1973 1st ex.s. c 53 § 26.]
30.42.260
30.42.270 Taxation. An office of an alien bank shall be
taxed on the same basis as are banks incorporated under the
laws of this state. [1973 1st ex.s. c 53 § 27.]
30.42.270
30.42.280 Directors, officers, and employees—
Duties, responsibilities and restrictions—Removal. The
directors or other governing body of an alien bank and the
officers and employees of its office in this state shall be subject to all of the duties, responsibilities and restrictions to
which the directors, officers and employees of a bank organized under the laws of this state are subject insofar as such
duties, responsibilities and restrictions are not inconsistent
with the intent of this chapter. An officer or employee of the
30.42.280
(2010 Ed.)
30.42.310
office of an alien bank doing business in this state pursuant to
this chapter may be removed for the reasons stated and in the
manner provided in RCW 30.12.040, as now or hereafter
amended. [1973 1st ex.s. c 53 § 28.]
30.42.290 Compliance—Violations—Penalties. (1)
The director shall have the responsibility for assuring compliance with the provisions of this chapter. An alien bank that
conducts business in this state in violation of any provisions
of this chapter is guilty of a misdemeanor and in addition
thereto shall be liable in the sum of one hundred dollars per
day that each such offense continues, such sum to be recovered by the attorney general in a civil action in the name of
the state.
(2) Every person who shall knowingly subscribe to or
make or cause to be made any false entry in the books of any
alien bank office or bureau doing business in this state pursuant to this chapter or shall knowingly subscribe to or exhibit
any false or fictitious paper or security, instrument or paper,
with the intent to deceive any person authorized to examine
into the affairs of any such office or bureau or shall make,
state or publish any false statement of the amount of the
assets or liabilities of any such office or bureau is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
(3) Every director or member of the governing body,
officer, employee or agent of such alien bank operating an
office or bureau in this state who conceals or destroys any
fact or otherwise suppresses any evidence relating to a violation of this chapter is guilty of a class B felony punishable
according to chapter 9A.20 RCW.
(4) Any person who transacts business in this state on
behalf of an alien bank which is subject to the provisions of
this chapter, but which is not authorized to transact such business pursuant to this chapter is guilty of a misdemeanor and
in addition thereto shall be liable in the sum of one hundred
dollars per day for each day that such offense continues, such
sum to be recovered by the attorney general in a civil action
in the name of the state. [2003 c 53 § 189; 1994 c 92 § 99;
1973 1st ex.s. c 53 § 29.]
30.42.290
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.42.300 Suspension or revocation of certificate to
operate—Grounds. If the director finds that any alien bank
to which he or she has issued a certificate to operate an office
or bureau in this state pursuant to this chapter has violated
any law or rule, or has conducted its affairs in an unauthorized manner, or has been unresponsive to the director’s lawful orders or directions, or is in an unsound or unsafe condition, or cannot with safety and expediency continue business,
or if he or she finds that the alien bank’s country is unjustifiably refusing to allow banks qualified to do business in and
having their principal office within this state to operate
offices or similar operations in such country, the director may
suspend or revoke the certificate of such alien bank and
notify it of such suspension or revocation. [1994 c 92 § 100;
1973 1st ex.s. c 53 § 30.]
30.42.300
30.42.310 Change of location. An alien bank licensed
to maintain an office or bureau in this state pursuant to this
30.42.310
[Title 30 RCW—page 49]
30.42.320
Title 30 RCW: Banks and Trust Companies
chapter may apply to the director for leave to change the location of its office or bureau. Such applications shall be accompanied by an investigation fee as established in accordance
with RCW 30.42.330. Leave for a change of location shall be
granted if the director finds that the proposed new location
offers reasonable promise of adequate support for the office.
[1994 c 92 § 101; 1973 1st ex.s. c 53 § 31.]
30.42.320
30.42.320 Rules. The director shall have power to
adopt uniform rules to govern examination and reports of
alien bank offices and bureaus doing business in this state
pursuant to this chapter and the form in which they shall
report their assets, liabilities, and reserves, charge off bad
debts and otherwise keep their records and accounts and otherwise to govern the administration of this chapter. [1994 c
92 § 102; 1973 1st ex.s. c 53 § 32.]
30.42.330
30.42.330 Fees. The director shall collect in advance
from an alien bank for filing its application for an office or a
bureau and the attendant investigation, and for such other
applications, approvals or certificates provided herein, such
fee as shall be established by rule adopted pursuant to the
administrative procedure act, chapter 34.05 RCW, as now or
hereafter amended. The alien bank shall also pay to the secretary of state and the county recording officer for filing instruments as required by this chapter the same fees as are charged
general corporations for the filing of similar instruments and
also the same license fees as are required of foreign corporations doing business in this state. [1994 c 92 § 103; 1973 1st
ex.s. c 53 § 33.]
30.42.340
30.42.340 Alien banks or branches in business on or
before effective date. (1) Any branch of an alien bank that is
conducting business in this state on July 16, 1973 pursuant to
RCW 30.04.300 shall not be subject to the provisions of this
chapter, and shall continue to conduct its business pursuant to
RCW 30.04.300.
(2) Except as provided in subsection (1) of this section,
any alien bank that is conducting business in this state on July
16, 1973 shall be subject to the provisions of this chapter:
PROVIDED, That any such alien bank which has operated an
agency or similar operation in this state for at least the five
years immediately preceding such effective date shall not be
denied a certificate to operate an agency. [1973 1st ex.s. c 53
§ 34.]
30.42.900
30.42.900 Severability—1973 1st ex.s. c 53. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
this 1973 amendatory act, or the application of the provisions
to other persons or circumstances shall not be affected. [1973
1st ex.s. c 53 § 38.]
Chapter 30.43
Chapter 30.43 RCW
SATELLITE FACILITIES
Sections
30.43.005
Finding—Definition of "off-premises electronic facilities."
[Title 30 RCW—page 50]
30.43.005 Finding—Definition of "off-premises electronic facilities." The legislature finds that the establishment and operation of off-premises electronic facilities,
inside and outside the state of Washington, and the participation by financial institutions in arrangements for the sharing
of such facilities, facilitates the delivery of financial services
to the citizens of the state of Washington. The term "off-premises electronic facilities" includes, without limitation, automated teller machines, cash-dispensing machines, point-ofsale terminals, and merchant-operated terminals. [1994 c 256
§ 57.]
30.43.005
Findings—Construction—1994 c 256: See RCW 43.320.007.
Chapter 30.44
Chapter 30.44 RCW
INSOLVENCY AND LIQUIDATION
Sections
30.44.010
30.44.020
30.44.030
30.44.040
30.44.050
30.44.060
30.44.070
30.44.080
30.44.090
30.44.100
30.44.110
30.44.120
30.44.130
30.44.140
30.44.150
30.44.160
30.44.170
30.44.180
30.44.190
30.44.200
30.44.210
30.44.220
30.44.230
30.44.240
30.44.250
30.44.260
30.44.270
30.44.280
Notice to correct unsafe conditions—Possession may be taken
under specified circumstances.
Director may order levy of assessment.
Director’s right to take possession may be contested.
Notice of taking possession.
Powers and duties of director.
Notice to creditors—Claims.
Inventory—List of claims.
Objections to approved claims.
Dividends.
Receiver prohibited except in emergency.
Preferences prohibited—Penalty.
Receiving deposits when insolvent—Penalty.
Expense of liquidation.
Liquidation after claims are paid.
Unclaimed dividends—Disposition.
Voluntary closing—Possession of the director—Notice.
Voluntary liquidation—Notice to creditors.
Unclaimed dividends on voluntary liquidation.
Disposition of unclaimed personal property.
Duty of director—Notice to owner.
Final notice after two years—Sale.
Disposition of proceeds—Escheat.
Procedure as to papers, documents, etc.
Transfer of assets and liabilities to another bank or trust company.
Reopening.
Destruction of records after liquidation.
Federal deposit insurance corporation as receiver or liquidator—Appointment—Powers and duties.
Payment or acquisition of deposit liabilities by federal deposit
insurance corporation—Not hindered by judicial review—
Liability.
30.44.010 Notice to correct unsafe conditions—Possession may be taken under specified circumstances. (1)
Under the circumstances set forth in subsection (2) of this
section, the director may give to a bank or trust company a
notice to correct an unsafe condition of the bank or trust company; and if such bank or trust company fails to comply with
the terms of such notice within thirty days from the date of its
issuance or within such further time as the director may
allow, then the director may take possession of such bank or
trust company as in the case of insolvency.
(2) The director is authorized to give notice and take possession of a bank or trust company, as described in subsection
(1) of this section, under the following circumstances:
(a) The obligations to its creditors, depositors, members,
trust beneficiaries, if applicable, and others exceed its assets;
(b) It has willfully violated a supervisory directive, cease
and desist order, or other authorized directive or order of the
director;
30.44.010
(2010 Ed.)
Insolvency and Liquidation
(c) It has concealed its books, papers, records, or assets,
or refused to submit its books, records, or affairs to any
examiner of the department or the federal deposit insurance
corporation;
(d) It is likely to be unable to pay its obligations or meet
its depositors’ demands in the normal course of business;
(e) It ceases to have deposit insurance acceptable to the
director;
(f) It fails to submit a capital restoration plan acceptable
to the department within a time previously called for or materially fails to implement a capital restoration plan that was
previously submitted and accepted by the department; or
(g) It is critically undercapitalized or otherwise has substantially insufficient capital. [2010 c 88 § 30; 1994 c 92 §
107; 1955 c 33 § 30.44.010. Prior: 1917 c 80 § 59; 1915 c 98
§ 1; RRS § 3266.]
30.44.060
without cause. [2010 c 88 § 32; 1994 c 92 § 109; 1955 c 33
§ 30.44.030. Prior: 1917 c 80 § 68; RRS § 3275.]
Effective date—2010 c 88: See RCW 32.50.900.
30.44.040
30.44.040 Notice of taking possession. Upon taking
possession of any bank or trust company, the director shall
forthwith give written notice thereof to all persons having
possession of any assets of such corporation. No person
knowing of the taking of such possession by the director shall
have a lien or charge for any payment thereafter advanced or
clearance thereafter made or liability thereafter incurred
against any of the assets of such corporation. [1994 c 92 §
110; 1955 c 33 § 30.44.040. Prior: 1917 c 80 § 61; 1915 c 98
§ 2; RRS § 3268.]
30.44.050
Effective date—2010 c 88: See RCW 32.50.900.
30.44.020 Director may order levy of assessment. (1)
Whenever it shall in any manner appear to the director that
any offense or delinquency referred to in RCW 30.44.010 has
resulted in a bank or trust company being critically undercapitalized with no reasonably foreseeable prospect of recovery,
or that it has suspended payment of its obligations or is insolvent, the director may notify such bank or trust company to
levy an assessment on its stock or otherwise to make good
such impairment or offense or other delinquency within such
time and in such manner as the director may specify, or if the
director deems necessary, the director may take possession
thereof without notice.
(2) The board of directors of any such bank or trust company, with the consent of the holders of record of two-thirds
of the capital stock expressed either in writing or by vote at a
stockholders’ meeting called for that purpose, shall have
power and authority to levy such assessment upon the stockholders pro rata and to forfeit the stock upon which any such
assessment is not paid, in the manner prescribed in RCW
30.12.180. [2010 c 88 § 31; 1994 c 92 § 108; 1955 c 33 §
30.44.020. Prior: 1923 c 115 § 9; 1917 c 80 § 60; RRS §
3267.]
30.44.020
Effective date—2010 c 88: See RCW 32.50.900.
Levy of assessments: RCW 30.12.180.
30.44.050 Powers and duties of director. Upon taking
possession of any bank or trust company, the director shall
proceed to collect the assets thereof and to preserve, administer and liquidate the business and assets of such corporation.
With the approval of the superior court of the county in which
such corporation is located, he or she may sell, compound or
compromise bad or doubtful debts, and upon such terms as
the court shall direct borrow, mortgage, pledge or sell all or
any part of the real estate and personal property of such corporation. He or she shall deliver to each purchaser or lender
an appropriate deed, mortgage, agreement of pledge or other
instrument of title or security. If real estate is situated outside
of said county, a certified copy of the orders authorizing and
confirming the sale or mortgage thereof shall be filed for
record in the office of the auditor of the county in which such
property is situated. He or she may appoint special assistants
and other necessary agents to assist in the administration and
liquidation of such corporation, a certificate of such appointment to be filed with the clerk of the county in which such
corporation is located. He or she shall require each special
assistant to give a surety company bond, conditioned as he or
she shall provide, the premium of which shall be paid out of
the assets of such corporation. He or she may also employ an
attorney for legal assistance in such administration and liquidation. [1994 c 92 § 111; 1955 c 33 § 30.44.050. Prior: 1933
c 42 § 25; 1917 c 80 § 62; 1915 c 98 § 3; RRS § 3269.]
30.44.060
30.44.030 Director’s right to take possession may be
contested. Within ten days after the director takes possession thereof, a bank or trust company may serve a notice upon
the director to appear before the superior court of the county
wherein such corporation is located and at a time to be fixed
by the court, which shall not be less than five nor more than
fifteen days from the date of the service of such notice, to
show cause why the director’s action taking possession of the
bank or trust company should not be affirmed. Upon the
return day of such notice, or such further day as the matter
may be continued to, the court shall summarily hear said
cause and shall dismiss the same, if it be found that possession was taken by the director in good faith and for cause, but
if it find that no cause existed for the taking possession of
such bank or trust company, it shall require the director to
restore such bank or trust company to possession of its assets
and enjoin the director from further interference therewith
30.44.030
(2010 Ed.)
30.44.060 Notice to creditors—Claims. The director
shall publish once a week for four consecutive weeks in a
newspaper which he or she shall select, a notice requiring all
persons having claims against such corporation to make
proof thereof at the place therein specified not later than
ninety days from the date of the first publication of said
notice, which date shall be therein stated. He or she shall mail
similar notices to all persons whose names appear as creditors upon the books of the corporation. He or she may
approve or reject any claims, but shall serve notice of rejection upon the claimant by mail or personally. An affidavit of
service of such notice shall be prima facie evidence thereof.
No action shall be brought on any claim after three months
from the date of service of notice of rejection.
Claims of depositors may be presented after the expiration of the time fixed in the notice, and, if approved, shall be
entitled to their proportion of prior dividends, if there be
[Title 30 RCW—page 51]
30.44.070
Title 30 RCW: Banks and Trust Companies
funds sufficient therefor, and shall share in the distribution of
the remaining assets.
After the expiration of the time fixed in the notice the
director shall have no power to accept any claim except the
claim of a depositor, and all claims except the claims of
depositors shall be barred. [1994 c 92 § 112; 1955 c 33 §
30.44.060. Prior: 1923 c 115 § 10; 1917 c 80 § 63; 1915 c 98
§ 4; RRS § 3270.]
30.44.070 Inventory—List of claims. Upon taking
possession of such corporation, the director shall make an
inventory of the assets in duplicate and file one in his or her
office and one in the office of the county clerk. Upon the
expiration of the time fixed for the presentation of claims, he
or she shall make a duplicate list of claims presented, segregating those approved and those rejected, to be filed as aforesaid. He or she shall also make and file a supplemental list of
claims at least fifteen days before the declaration of any dividend, and in any event at least every six months. [1994 c 92
§ 113; 1955 c 33 § 30.44.070. Prior: 1917 c 80 § 65; 1915 c
98 § 6; RRS § 3272.]
30.44.070
30.44.080 Objections to approved claims. Objection
may be made by any interested person to any claim approved
by the director, which objection shall be determined by the
court upon such notice to the claimant and objector as the
court shall prescribe. [1994 c 92 § 114; 1955 c 33 §
30.44.080. Prior: 1917 c 80 § 67; 1915 c 98 § 8; RRS §
3274.]
30.44.080
company, made (a) in contemplation of insolvency or after it
shall have become insolvent, (b) within ninety days before
the date the director takes possession of such bank or trust
company under RCW 30.44.010, 30.44.020, 30.44.100 or
30.44.160, or the federal deposit insurance corporation is
appointed as receiver or liquidator of such bank under RCW
30.44.270, and (c) with a view to the preference of one creditor over another or to prevent the equal distribution of its
property and assets among its creditors, shall be void.
(2) Every director, officer, or employee of a bank or trust
company making any such transfer of assets is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
[2010 c 88 § 34; 2003 c 53 § 190; 1955 c 33 § 30.44.110.
Prior: 1917 c 80 § 55; RRS § 3262.]
Effective date—2010 c 88: See RCW 32.50.900.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
30.44.120 Receiving deposits when insolvent—Penalty. An officer, director or employee of any bank or trust
company who shall fraudulently receive for it any deposit,
knowing that such bank or trust company is insolvent, is
guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 191; 1955 c 33 § 30.44.120. Prior:
1933 c 42 § 26; 1917 c 80 § 81; RRS § 3288.]
30.44.120
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Receiving deposits after insolvency prohibited: State Constitution Art. 12 §
12.
30.44.130 Expense of liquidation. All expenses
incurred by the director in taking possession, administering
and winding up any such corporation, including the expenses
of assistants and reasonable fees for any attorney who may be
employed in connection therewith, and the reasonable compensation of any special assistant placed in charge of such
corporation shall be a first charge upon the assets thereof.
Such charges shall be fixed by the director, subject to the
approval of the court. [1994 c 92 § 117; 1955 c 33 §
30.44.130. Prior: 1917 c 80 § 64; 1915 c 98 § 5; RRS §
3271.]
30.44.130
30.44.090 Dividends. At any time after the expiration
of the date fixed for the presentation of claims, the director,
subject to the approval of the court, may declare one or more
dividends out of the funds remaining in his or her hands after
the payment of expenses. [1994 c 92 § 115; 1955 c 33 §
30.44.090. Prior: 1917 c 80 § 66; 1915 c 98 § 7; RRS §
3273.]
30.44.090
30.44.100 Receiver prohibited except in emergency.
No receiver shall be appointed by any court for any bank or
trust company, nor shall any assignment of any bank or trust
company for the benefit of creditors be valid, excepting only
that a court otherwise having jurisdiction may in case of
imminent necessity appoint a temporary receiver to take possession of and preserve the assets of such corporation. Immediately upon any such appointment, the clerk of such court
shall notify the director in writing of such appointment and
the director shall forthwith take possession of such bank or,
trust company, as in case of insolvency, and the temporary
receiver shall upon demand of the director surrender up to
him or her such possession and all assets which shall have
come into the possession of such receiver. The director shall
in due course pay such receiver out of the assets of such corporation such amount as the court shall allow. [2010 c 88 §
33; 1994 c 92 § 116; 1955 c 33 § 30.44.100. Prior: 1917 c 80
§ 69; 1915 c 98 § 9; RRS § 3276.]
30.44.100
Effective date—2010 c 88: See RCW 32.50.900.
30.44.110 Preferences prohibited—Penalty. (1)
Every transfer of its property or assets by any bank or trust
30.44.110
[Title 30 RCW—page 52]
30.44.140 Liquidation after claims are paid. When
all proper claims of depositors and creditors (not including
stockholders) have been paid, as well as all expenses of
administration and liquidation and proper provision has been
made for unclaimed or unpaid deposits and dividends, and
assets still remain in his or her hands, the director shall call a
meeting of the stockholders of such corporation, giving thirty
days’ notice thereof, by one publication in a newspaper published in the county where such corporation is located. At
such meeting, each share shall entitle the holder thereof to a
vote in person or by proxy. A vote by ballot shall be taken to
determine whether the director shall wind up the affairs of
such corporation or the stockholders appoint an agent to do
so. The director, if so required, shall wind up such corporation and distribute its assets to those entitled thereto. If the
appointment of an agent is determined upon, the stockholders
shall forthwith select such agent by ballot. Such agent shall
file a bond to the state of Washington in such amount and so
conditioned as the director shall require. Thereupon the direc30.44.140
(2010 Ed.)
Insolvency and Liquidation
tor shall transfer to such agent the assets of such corporation
then remaining in his or her hands, and be relieved from further responsibility in reference to such corporation. Such
agent shall convert the assets of such corporation into cash
and distribute the same to the parties thereunto entitled, subject to the supervision of the court. In case of his or her death,
removal or refusal to act, the stockholders may select a successor with like powers. [1994 c 92 § 118; 1955 c 33 §
30.44.140. Prior: 1917 c 80 § 70; RRS § 3277.]
30.44.150 Unclaimed dividends—Disposition. Any
dividends to depositors or other creditors of such bank or
trust company remaining uncalled for and unpaid in the
hands of the director for six months after order of final distribution, shall be deposited in a bank or trust company to his or
her credit, in trust for the benefit of the persons entitled
thereto and subject to the supervision of the court shall be
paid by him or her to them upon receipt of satisfactory evidence of their right thereto.
All moneys so deposited remaining unclaimed for five
years after deposit shall escheat to the state for the benefit of
the permanent school fund and shall be paid by the director
into the state treasury. It shall not be necessary to have the
escheat adjudged in a suit or action. [1994 c 92 § 119; 1955
c 33 § 30.44.150. Prior: 1923 c 115 § 11; 1917 c 80 § 71;
RRS § 3278.]
30.44.150
30.44.160 Voluntary closing—Possession of the
director—Notice. (1) Subject to the consent of the director,
a bank or trust company may voluntarily stipulate and consent to an order taking possession and thereby place itself
under the control of the director to be liquidated and be made
subject to receivership as provided in this chapter.
(2) Upon issuance of such order taking possession, the
bank or trust company shall post a notice on its door as follows: "This bank (trust company) is in the possession of the
Director of the Washington State Department of Financial
Institutions."
(3) The posting of such notice or the taking possession of
any bank or trust company by the director shall be sufficient
to place all of its assets and property of every nature in his or
her possession and bar all attachment proceedings. [2010 c
88 § 35; 1994 c 92 § 120; 1955 c 33 § 30.44.160. Prior: 1917
c 80 § 72; RRS § 3279.]
30.44.160
Effective date—2010 c 88: See RCW 32.50.900.
30.44.170 Voluntary liquidation—Notice to creditors. Any bank or trust company may, upon receipt of written permission from the director, go into voluntary liquidation by a vote of its stockholders owning two-thirds of its
capital stock. When such liquidation is authorized, the directors of such corporation shall publish in a newspaper published in the place where such corporation is located, once a
week for four consecutive weeks, a notice requiring creditors
of such corporation to present their claims against it for payment. [1994 c 92 § 121; 1955 c 33 § 30.44.170. Prior: 1917
c 80 § 74; RRS § 3281.]
30.44.170
30.44.180 Unclaimed dividends on voluntary liquidation. Whenever any bank or trust company shall voluntarily
30.44.180
(2010 Ed.)
30.44.200
liquidate, any dividends to depositors or other creditors of
such bank or trust company remaining uncalled for and
unpaid at the conclusion of the liquidation shall be transmitted to the director and shall be deposited by him or her in a
bank or trust company to his or her credit in trust for the benefit of the persons entitled thereto, and shall be paid by him or
her to them upon receipt of satisfactory evidence of their right
thereto.
All moneys so deposited remaining unclaimed for five
years after deposit shall escheat to the state for the benefit of
the permanent school fund and shall be paid by the director
into the state treasury. It shall not be necessary to have the
escheat adjudged in a suit or action. [1994 c 92 § 122; 1955
c 33 § 30.44.180. Prior: 1947 c 148 § 1; Rem. Supp. 1947 §
3281-1.]
30.44.190
30.44.190 Disposition of unclaimed personal property. Whenever any bank or trust company shall be liquidated, voluntarily or involuntarily, and shall retain in its possession at the conclusion of the liquidation, uncalled for and
unclaimed personal property left with it for safekeeping, such
property shall, in the presence of at least one witness, be
inventoried by the liquidating agent and sealed in separate
packages, each package plainly marked with the name and
last known address of the person in whose name the property
stands on the books of the bank or trust company. If the property is in safe deposit boxes, such boxes shall be opened by
the liquidating agent in the presence of at least one witness,
and the property inventoried, sealed in packages and marked
as above required. All the packages shall be transmitted to the
director, together with certificates signed by the liquidating
agent and witness or witnesses, listing separately the property
standing in the name of any one person on the books of the
bank or trust company, together with the date of inventory,
and name and last known address of the person in whose
name the property stands. [1994 c 92 § 123; 1955 c 33 §
30.44.190. Prior: 1947 c 148 § 2; Rem. Supp. 1947 §
3281-2.]
30.44.200
30.44.200 Duty of director—Notice to owner. Upon
receiving possession of the packages, the director shall cause
them to be opened in the presence of at least one witness, the
property reinventoried, and the packages resealed, and held
for safekeeping. The liquidated bank, its directors, officers,
and shareholders, and the liquidating agent shall thereupon be
relieved of responsibility and liability for the property so
delivered to and received by the director. The director shall
send immediately to each person in whose name the property
stood on the books of the liquidated bank or trust company, at
his or her last known address, in a securely closed, postpaid
and registered letter, a notice that the property listed will be
held in his or her name for a period of not less than two years.
At any time after the mailing of such notice, and before the
expiration of two years, such person may require the delivery
of the property so held, by properly identifying himself or
herself and offering evidence of his or her right thereto, to the
satisfaction of the director. [1994 c 92 § 124; 1955 c 33 §
30.44.200. Prior: 1947 c 148 § 3; Rem. Supp. 1947 § 32813.]
[Title 30 RCW—page 53]
30.44.210
Title 30 RCW: Banks and Trust Companies
30.44.210 Final notice after two years—Sale. After
the expiration of two years from the time of mailing the
notice, the director shall mail in a securely closed postpaid
registered letter, addressed to the person at his or her last
known address, a final notice stating that two years have
elapsed since the sending of the notice referred to in RCW
30.44.200, and that the director will sell all the property or
articles of value set out in the notice, at a specified time and
place, not less than thirty days after the time of mailing the
final notice. Unless the person shall, on or before the day
mentioned, claim the property, identify himself or herself and
offer evidence of his or her right thereto, to the satisfaction of
the director, the director may sell all the property or articles
of value listed in the notice, at public auction, at the time and
place stated in the final notice: PROVIDED, That a notice of
the time and place of sale has been published once within ten
days prior to the sale in a newspaper of general circulation in
the county where the sale is held. Any such property held by
the director, the owner of which is not known, may be sold at
public auction after it has been held by the director for two
years, provided, that a notice of the time and place of sale has
been published once within ten days prior to the sale in a
newspaper of general circulation in the county where the sale
is held. [1994 c 92 § 125; 1985 c 469 § 15; 1955 c 33 §
30.44.210. Prior: 1947 c 148 § 4; Rem. Supp. 1947 § 32814.]
30.44.210
30.44.220 Disposition of proceeds—Escheat. The
proceeds of such sale shall be deposited by the director in a
bank or trust company to his or her credit, in trust for the benefit of the person entitled thereto, and shall be paid by him or
her to such person upon receipt of satisfactory evidence of his
or her right thereto.
All moneys so deposited remaining unclaimed for five
years after deposit shall escheat to the state for the benefit of
the permanent school fund and shall be paid by the director
into the state treasury. It shall not be necessary to have the
escheat adjudged in a suit or action. [1994 c 92 § 126; 1955
c 33 § 30.44.220. Prior: 1947 c 148 § 5; Rem. Supp. 1947 §
3281-5.]
30.44.220
30.44.230 Procedure as to papers, documents, etc.
Whenever the personal property held by a liquidated bank or
trust company shall consist either wholly or in part, of documents, letters, or other papers of a private nature, such documents, letters, or papers shall not be sold, but shall be retained
by the director for a period of five years, and, unless sooner
claimed by the owner, may be thereafter destroyed in the
presence of the director and at least one other witness. [1994
c 92 § 127; 1955 c 33 § 30.44.230. Prior: 1947 c 148 § 6;
Rem. Supp. 1947 § 3281-6.]
ever or upon its being no longer engaged in the business of a
bank or trust company, the director shall terminate its certificate of authority, which shall not thereafter be revived or
renewed. When the certificate of authority of any such corporation shall have been revoked, it shall forthwith collect and
distribute its remaining assets, and when that is done the
director shall certify the fact to the secretary of state, whereupon the corporation shall cease to exist and the secretary of
state shall note that fact upon his or her records. [1994 c 92 §
128; 1955 c 33 § 30.44.240. Prior: 1953 c 236 § 1; 1923 c
115 § 12; 1919 c 209 § 17; 1917 c 80 § 75; RRS § 3282.]
30.44.250
30.44.250 Reopening. Whenever the director has taken
possession of a bank or trust company for any cause, he or
she may wind up such corporation and cancel its certificate of
authority, unless enjoined from so doing, as herein provided.
Or if at any time within ninety days after taking possession,
he or she shall determine that all impairment and delinquencies have been made good, and that it is safe and expedient
for such corporation to reopen, he or she may permit such
corporation to reopen upon such terms and conditions as he
or she shall prescribe. Before being permitted to reopen,
every such corporation shall pay all of the expenses of the
director, as herein elsewhere defined. [1994 c 92 § 129; 1955
c 33 § 30.44.250. Prior: 1917 c 80 § 73; RRS § 3280.]
30.44.260
30.44.260 Destruction of records after liquidation.
Where any files, records, documents, books of account or
other papers have been taken over and are in the possession
of the director in connection with the liquidation of any insolvent banks or trust companies under the laws of this state, the
director may, in his or her discretion at any time after the
expiration of one year from the declaration of the final dividend, or from the date when such liquidation has been
entirely completed, destroy any of the files, records, documents, books of account or other papers which may appear to
the director to be obsolete or unnecessary for future reference
as part of the liquidation and files of his or her office. [1994
c 92 § 130; 1955 c 33 § 30.44.260. Prior: 1925 ex.s. c 55 § 1;
RRS § 3277-1.]
30.44.230
30.44.240 Transfer of assets and liabilities to another
bank or trust company. A bank or trust company may for
the purpose of voluntary liquidation transfer its assets and liabilities to another bank or trust company, by a vote, or with
the written consent of the stockholders of record owning twothirds of its capital stock, but only with the written consent of
the director and upon such terms and conditions as he or she
may prescribe. Upon any such transfer being made, or upon
the liquidation of any such corporation for any cause what30.44.240
[Title 30 RCW—page 54]
30.44.270
30.44.270 Federal deposit insurance corporation as
receiver or liquidator—Appointment—Powers and
duties. (1) The federal deposit insurance corporation is
hereby authorized and empowered to be and act without bond
as receiver or liquidator of any bank or trust company the
deposits in which are to any extent insured by that corporation and of which the director shall have taken possession
pursuant to RCW 30.44.010, 30.44.020, or 30.44.160.
(2) In the event of such closing, the director may appoint
the federal deposit insurance corporation as receiver or liquidator of such bank or trust company.
(3) If the corporation accepts such appointment, it shall
have and possess all the powers and privileges provided by
the laws of this state with respect to a liquidator of a bank or
trust company, its depositors and other creditors, and be subject to all the duties of such liquidator, except insofar as such
powers, privileges, or duties are in conflict with the provisions of the federal deposit insurance act, as now or hereafter
(2010 Ed.)
Supervisory Direction—Conservatorship
amended. [2010 c 88 § 36; 1994 c 92 § 131; 1973 1st ex.s. c
54 § 1.]
Effective date—2010 c 88: See RCW 32.50.900.
30.44.280 Payment or acquisition of deposit liabilities by federal deposit insurance corporation—Not hindered by judicial review—Liability. The pendency of any
proceedings for judicial review of the director’s actions in
taking possession and control of a bank or trust company and
its assets for the purpose of liquidation shall not operate to
defer, delay, impede, or prevent the payment or acquisition
by the federal deposit insurance corporation of the deposit
liabilities of the bank or trust company which are insured by
the corporation. During the pendency of any proceedings for
judicial review, the director shall make available to the federal deposit insurance corporation such facilities in or of the
bank or trust company and such books, records, and other relevant data of the bank or trust company as may be necessary
or appropriate to enable the corporation to pay out or to
acquire the insured deposit liabilities of the bank or trust
company. The federal deposit insurance corporation and its
directors, officers, agents, and employees, and the director
and his or her agents and employees shall be free from liability to the bank or trust company, its directors, stockholders,
and creditors for or on account of any action taken in connection herewith. [1994 c 92 § 132; 1973 1st ex.s. c 54 § 2.]
30.44.280
Chapter 30.46 RCW
SUPERVISORY DIRECTION—CONSERVATORSHIP
Chapter 30.46
Sections
30.46.010
30.46.020
30.46.030
30.46.040
30.46.050
30.46.060
30.46.070
30.46.080
30.46.090
30.46.100
Definitions.
Grounds for determining need for supervisory direction—
Abatement of determination—Supervisory direction, procedure—Conservator.
Supervisory direction—Appointment of representative to
supervise—Restrictions on operations.
Conservator—Appointment—Grounds—Powers, duties, and
functions.
Costs as charge against bank’s assets.
Request for review of action—Stay of action—Orders subject
to review.
Suits against bank or conservator, where brought—Suits by
conservator.
Duration of conservator’s term—Rehabilitated banks—Management.
Authority of director.
Rules.
30.46.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Unsafe condition" shall mean and include, but not
be limited to, any one or more of the following circumstances:
(a) If a bank or trust company is less than well capitalized;
(b) If a bank or trust company violates the applicable
provisions of Title 30 RCW or any other law or regulation
applicable to banks or trust companies;
(c) If a bank or trust company conducts a fraudulent or
questionable practice in the conduct of its business that
endangers a bank’s or trust company’s reputation or threatens
its solvency;
30.46.010
(2010 Ed.)
30.46.030
(d) If a bank or trust company conducts its business in an
unsafe or unauthorized manner;
(e) If a bank or trust company violates any conditions of
its charter or any agreement entered with the director; or
(f) If a bank or trust company fails to carry out any
authorized order or direction of the examiner or the director.
(2) "Exceeded its powers" shall mean and include, but
not be limited to the following circumstances:
(a) If a bank or trust company has refused to permit
examination of its books, papers, accounts, records, or affairs
by the director, assistant director, or duly commissioned
examiners; or
(b) If a bank or trust company has neglected or refused to
observe an order of the director to make good, within the time
prescribed, any impairment of its capital.
(3) "Consent" includes and means a written agreement
by the bank or trust company to either supervisory direction
or conservatorship under this chapter. [2010 c 88 § 37; 1994
c 92 § 133; 1975 1st ex.s. c 87 § 1.]
Effective date—2010 c 88: See RCW 32.50.900.
30.46.020
30.46.020 Grounds for determining need for supervisory direction—Abatement of determination—Supervisory direction, procedure—Conservator. If upon examination or at any other time it appears to the director that any
bank is in an unsafe condition and its condition is such as to
render the continuance of its business hazardous to the public
or to its depositors and creditors, or if such bank appears to
have exceeded its powers or has failed to comply with the
law, or if such bank gives its consent, then the director shall
upon his or her determination (1) notify the bank of his or her
determination, and (2) furnish to the bank a written list of the
director requirements to abate his or her determination, and
(3) if the director makes further determination to directly
supervise, he or she shall notify the bank that it is under the
supervisory direction of the director and that the director is
invoking the provisions of this chapter. If placed under supervisory direction the bank shall comply with the lawful
requirements of the director within such time as provided in
the notice of the director, subject however, to the provisions
of this chapter. If the bank fails to comply within such time
the director may appoint a conservator as hereafter provided.
[1994 c 92 § 134; 1975 1st ex.s. c 87 § 2.]
30.46.030
30.46.030 Supervisory direction—Appointment of
representative to supervise—Restrictions on operations.
During the period of supervisory direction the director may
appoint a representative to supervise such bank and may provide that the bank may not do any of the following during the
period of supervisory direction, without the prior approval of
the director or the appointed representative.
(1) Dispose of, convey or encumber any of the assets;
(2) Withdraw any of its bank accounts;
(3) Lend any of its funds;
(4) Invest any of its funds;
(5) Transfer any of its property; or
(6) Incur any debt, obligation, or liability. [1994 c 92 §
135; 1975 1st ex.s. c 87 § 3.]
[Title 30 RCW—page 55]
30.46.040
Title 30 RCW: Banks and Trust Companies
30.46.040 Conservator—Appointment—Grounds—
Powers, duties, and functions. After the period of supervisory direction specified by the director for compliance, if he
or she determines that such bank has failed to comply with
the lawful requirements imposed, upon due notice and hearing or by consent of the bank, the director may appoint a conservator, who shall immediately take charge of such bank and
all of its property, books, records, and effects. The conservator shall conduct the business of the bank and take such steps
toward the removal of the causes and conditions which have
necessitated such order, as the director may direct. During the
pendency of the conservatorship the conservator shall make
such reports to the director from time to time as may be
required by the director, and shall be empowered to take all
necessary measures to preserve, protect, and recover any
assets or property of such bank, including claims or causes of
actions belonging to or which may be asserted by such bank,
and to deal with the same in his or her own name as conservator, and shall be empowered to file, prosecute, and defend
any suit and suits which have been filed or which may thereafter be filed by or against such bank which are deemed by
the conservator to be necessary to protect all of the interested
parties for a property affected thereby. The director, or any
newly appointed assistant, may be appointed to serve as conservator. If the director, however, is satisfied that such bank
is not in condition to continue business in the interest of its
depositors or creditors under the conservator as above provided, the director may proceed with appropriate remedies
provided by other provisions of this title. [1994 c 92 § 136;
1975 1st ex.s. c 87 § 4.]
30.46.040
30.46.050 Costs as charge against bank’s assets. All
costs incident to supervisory direction and the conservatorship shall be fixed and determined by the director and shall be
a charge against the assets of the bank to be allowed and paid
as the director may determine. [1994 c 92 § 137; 1975 1st
ex.s. c 87 § 5.]
Thurston county and not elsewhere. The conservator
appointed hereunder for such bank may file suit in any superior court or other court of competent jurisdiction against any
person for the purpose of preserving, protecting, or recovering any asset or property of such bank including claims or
causes of action belonging to or which may be asserted by
such bank. [1994 c 92 § 139; 1975 1st ex.s. c 87 § 7.]
30.46.080 Duration of conservator’s term—Rehabilitated banks—Management. The conservator shall serve
for such time as is necessary to accomplish the purposes of
the conservatorship as intended by this chapter. If rehabilitated, the rehabilitated bank shall be returned to management
or new managements under such conditions as are reasonable
and necessary to prevent recurrence of the condition which
occasioned the conservatorship. [1975 1st ex.s. c 87 § 8.]
30.46.080
30.46.090 Authority of director. If the director determines to act under authority of this chapter, the sequence of
his or her acts and proceedings shall be as set forth in this
chapter. However, it is the purpose and substance of this
chapter to authorize administrative discretion—to allow the
director administrative discretion in the event of unsound
banking operations—and in furtherance of that purpose the
director is hereby authorized to proceed with regulation
either under this chapter or under any other applicable provisions of law or under this chapter in connection with other
law, either as such law is now existing or is hereinafter
enacted, and it is so provided. [1994 c 92 § 140; 1975 1st
ex.s. c 87 § 9.]
30.46.090
30.46.050
30.46.100 Rules. The director is empowered to adopt
and promulgate such reasonable rules as may be necessary
for the implementation of this chapter and its purposes.
[1994 c 92 § 141; 1975 1st ex.s. c 87 § 10.]
30.46.100
Chapter 30.49 RCW
MERGER, CONSOLIDATION, AND CONVERSION
Chapter 30.49
30.46.060 Request for review of action—Stay of
action—Orders subject to review. During the period of the
supervisory direction and during the period of conservatorship, the bank may request the director to review an action
taken or proposed to be taken by the representative or conservator; specifying wherein the action complained of is
believed not to be in the best interest of the bank, and such
request shall stay the action specified pending review of such
action by the director. Any order entered by the director
appointing a representative and providing that the bank shall
not do certain acts as provided in RCW 30.46.030 and
30.46.040, any order entered by the director appointing a
conservator, and any order by the director following the
review of an action of the representative or conservator as
herein above provided shall be subject to review in accordance with the administrative procedure act of the state of
Washington. [1994 c 92 § 138; 1975 1st ex.s. c 87 § 6.]
30.46.060
30.46.070 Suits against bank or conservator, where
brought—Suits by conservator. Any suit filed against a
bank or its conservator, after the entrance of an order by the
director placing such bank in conservatorship and while such
order is in effect, shall be brought in the superior court of
Sections
30.49.010
30.49.020
30.49.030
30.49.040
30.49.050
30.49.060
30.49.070
30.49.080
30.49.090
30.49.100
30.49.110
30.49.120
30.49.125
30.46.070
[Title 30 RCW—page 56]
30.49.130
Definitions.
State bank to resulting national bank—Laws applicable—Vote
required—Termination of franchise.
State or national bank to resulting state bank—Law applicable
to nationals.
Merger to resulting state bank—Exception—Agreement, contents, approval, amendment.
Merger to resulting state bank—Stockholders’ vote—Notice
of meeting—Waiver of notice.
Merger to resulting state bank—Effective date—Termination
of charters—Certificate of merger.
Conversion of national to state bank—Requirements—Procedure.
Resulting bank as same business and corporate entity—Use of
name of merging, converting bank.
Rights of dissenting shareholder—Appraisal—Amount due as
debt.
Provision for successors to fiduciary positions.
Assets, business—Time for conformance with state law.
Resulting state bank—Valuation of certain assets limited.
Resulting bank has branches inside and outside of state—
Application—Definitions—Combination or purchase and
assumption requires director’s approval—Deposit concentration limits.
Severability—1955 c 33.
Reorganization as subsidiary of bank holding company: RCW 30.04.550
through 30.04.570.
(2010 Ed.)
Merger, Consolidation, and Conversion
30.49.010 Definitions. As used in this chapter:
"Merging bank" means a party to a merger;
"Converting bank" means a bank converting from a state
to a national bank, or the reverse;
"Merger" includes consolidation;
"Resulting bank" means the bank resulting from a
merger or conversion.
Wherever reference is made to a vote of stockholders or
a vote of classes of stockholders it shall mean only a vote of
those entitled to vote under the terms of such shares. [1986 c
279 § 43; 1955 c 33 § 30.49.010. Prior: 1953 c 234 § 1.]
30.49.010
30.49.020 State bank to resulting national bank—
Laws applicable—Vote required—Termination of franchise. This section is applicable where there is to be a resulting national bank.
Nothing in the law of this state shall restrict the right of a
state bank to merge with or convert into a resulting national
bank. The action to be taken by such merging or converting
state bank and its rights and liabilities and those of its shareholders shall be the same as those prescribed at the time of the
action for national banks merging with or converting into a
resulting state bank by the law of the United States, and not
by the law of this state, except that a vote of the holders of
two-thirds of each class of voting stock of a state bank shall
be required for the merger or conversion, and that on conversion by a state into a national bank the rights of dissenting
stockholders shall be those specified in RCW 30.49.090.
Upon the completion of the merger or conversion, the
franchise of any merging or converting state bank shall automatically terminate. [1955 c 33 § 30.49.020. Prior: 1953 c
234 § 2.]
30.49.020
30.49.030 State or national bank to resulting state
bank—Law applicable to nationals. This section is applicable where there is to be a resulting state bank.
Upon approval by the director, state or national banks
may be merged to result in a state bank, or a national bank
may convert into a state bank as hereafter prescribed, except
that the action by a national bank shall be taken in the manner
prescribed by and shall be subject to limitations and requirements imposed by the law of the United States which shall
also govern the rights of its dissenting shareholders. [1994 c
92 § 142; 1955 c 33 § 30.49.030. Prior: 1953 c 234 § 3.]
30.49.030
30.49.040 Merger to resulting state bank—Exception—Agreement, contents, approval, amendment. This
section is applicable where there is to be a resulting state
bank, except in the case of reorganization and exchange as
authorized by this title.
(1) The board of directors of each merging state bank
shall, by a majority of the entire board, approve a merger
agreement which shall contain:
(a) The name of each merging state or national bank and
location of each office;
(b) With respect to the resulting state bank, (i) the name
and location of the principal and other offices; (ii) the name
and mailing address of each director to serve until the next
annual meeting of the stockholders; (iii) the name and mailing address of each officer; (iv) the amount of capital, the
30.49.040
(2010 Ed.)
30.49.050
number of shares and the par value, if any, of each share; and
(v) the amendments to its charters and bylaws;
(c) Provisions governing the exchange of shares of the
merging state or national banks for such consideration as has
been agreed to in the merger agreement;
(d) A statement that the agreement is subject to approval
by the director and the stockholders of each merging state or
national bank;
(e) Provisions governing the manner of disposing of the
shares of the resulting state bank if such shares are to be
issued in the transaction and are not taken by dissenting
shareholders of merging state or national banks;
(f) Such other provisions as the director requires to discharge his or her duties with respect to the merger;
(2) After approval by the board of directors of each
merging state bank, the merger agreement shall be submitted
to the director for approval, together with certified copies of
the authorizing resolutions of each board of directors showing approval by a majority of the entire board and evidence of
proper action by the board of directors of any merging
national bank;
(3) Within sixty days after receipt by the director of the
papers specified in subsection (2) of this section, the director
shall approve or disapprove of the merger agreement, and if
no action is taken, the agreement shall be deemed approved.
The director shall approve the agreement if it appears that:
(a) The resulting state bank meets the requirements of
state law as to the formation of a new state bank;
(b) The agreement provides an adequate capital structure
including surplus in relation to the deposit liabilities of the
resulting state bank and its other activities which are to continue or are to be undertaken;
(c) The agreement is fair;
(d) The merger is not contrary to the public interest.
If the director disapproves an agreement, he or she shall
state his or her objections and give an opportunity to the
merging state or national banks to amend the merger agreement to obviate such objections. [1994 c 92 § 143; 1986 c
279 § 49; 1982 c 196 § 9; 1955 c 33 § 30.49.040. Prior: 1953
c 234 § 4.]
Reorganization as subsidiary of bank holding company: RCW 30.04.550
through 30.04.570.
Additional notes found at www.leg.wa.gov
30.49.050 Merger to resulting state bank—Stockholders’ vote—Notice of meeting—Waiver of notice. To
be effective, a merger which is to result in a state bank must
be approved by the stockholders of each merging state bank
by a vote of two-thirds of the outstanding voting stock of
each class at a meeting called to consider such action, which
vote shall constitute the adoption of the charter and bylaws of
the resulting state bank, including the amendments in the
merger agreement.
Unless waived in writing, notice of the meeting of stockholders shall be given by publication in a newspaper of general circulation in the place where the principal office of each
merging state bank is located, at least once each week for four
successive weeks, and by mail, at least fifteen days before the
date of the meeting, to each stockholder of record of each
merging state bank at his address on the books of his bank; no
notice of publication need be given if written waivers are
30.49.050
[Title 30 RCW—page 57]
30.49.060
Title 30 RCW: Banks and Trust Companies
received from the holders of two-thirds of the outstanding
shares of each class of stock. The notice shall state that dissenting stockholders will be entitled to payment of the value
of only those shares which are voted against approval of the
plan. [1955 c 33 § 30.49.050. Prior: 1953 c 234 § 5.]
30.49.060 Merger to resulting state bank—Effective
date—Termination of charters—Certificate of merger. A
merger which is to result in a state bank shall, unless a later
date is specified in the agreement, become effective after the
filing with and upon the approval of the director of the executed agreement together with copies of the resolutions of the
stockholders of each merging state or national bank approving it, certified by the bank’s president or a vice president and
a secretary. The charters of the merging banks, other than the
resulting bank, shall thereupon automatically terminate.
The director shall thereupon issue to the resulting state
bank a certificate of merger specifying the name of each
merging state or national bank and the name of the resulting
state bank. Such certificate shall be conclusive evidence of
the merger and of the correctness of all proceedings therefor
in all courts and places, and may be recorded in any office for
the recording of deeds to evidence the new name in which the
property of the merging state or national bank is held. [1994
c 92 § 144; 1955 c 33 § 30.49.060. Prior: 1953 c 234 § 6.]
Any reference to a merging or converting state or
national bank in any writing, whether executed or taking
effect before or after the merger or conversion, shall be
deemed a reference to the resulting state or national bank if
not inconsistent with the other provisions of such writing.
[1955 c 33 § 30.49.080. Prior: 1953 c 234 § 8.]
30.49.060
30.49.070 Conversion of national to state bank—
Requirements—Procedure. Except as provided in RCW
30.49.100, a national bank located in this state which follows
the procedure prescribed by the laws of the United States to
convert into a state bank shall be granted a state charter by the
director if he or she finds that the bank meets the standards as
to location of offices, capital structures, and business experience and character of officers and directors for the incorporation of a state bank.
The national bank may apply for such charter by filing
with the director a certificate signed by its president and cashier and by a majority of the entire board of directors, setting
forth the corporate action taken in compliance with the provisions of the laws of the United States governing the conversion of a national to a state bank, and the articles of incorporation, approved by the stockholders, for the government of
the bank as a state bank. [1994 c 92 § 145; 1955 c 33 §
30.49.070. Prior: 1953 c 234 § 7.]
30.49.070
30.49.080 Resulting bank as same business and corporate entity—Use of name of merging, converting bank.
A resulting state or national bank shall be the same business
and corporate entity as each merging state or national bank or
as the converting state or national bank with all property,
rights, powers and duties of each merging state or national
bank or the converting state or national bank, except as
affected by the state law in the case of a resulting state bank
or the federal law in the case of a resulting national bank, and
by the charter and bylaws of the resulting state or national
bank.
A resulting state or national bank shall have the right to
use the name of any merging state or national bank or of the
converting bank whenever it can do any act under such name
more conveniently.
30.49.080
[Title 30 RCW—page 58]
30.49.090 Rights of dissenting shareholder—
Appraisal—Amount due as debt. The owner of shares of a
state bank which were voted against a merger to result in a
state bank, or against the conversion of a state bank into a
national bank, shall be entitled to receive their value in cash,
if and when the merger or conversion becomes effective,
upon written demand made to the resulting state or national
bank at any time within thirty days after the effective date of
the merger or conversion, accompanied by the surrender of
the stock certificates. The value of such shares shall be determined, as of the date of the shareholders’ meeting approving
the merger or conversion, by three appraisers, one to be
selected by the owners of two-thirds of the dissenting shares,
one by the board of directors of the resulting state or national
bank, and the third by the two so chosen. The valuation
agreed upon by any two appraisers shall govern. If the
appraisal is not completed within ninety days after the merger
or conversion becomes effective, the director shall cause an
appraisal to be made.
The dissenting shareholders shall bear, on a pro rata
basis based on the number of dissenting shares owned, the
cost of their appraisal and one-half of the cost of a third
appraisal, and the resulting bank shall bear the cost of its
appraisal and one-half of the cost of the third appraisal. If the
director causes an appraisal to be made, the cost of that
appraisal shall be borne equally by the dissenting shareholders and the resulting bank, with the dissenting shareholders
sharing their half of the cost on a pro rata basis based on the
number of dissenting shares owned.
The resulting state or national bank may fix an amount
which it considers to be not more than the fair market value
of the shares of a merging or the converting bank at the time
of the stockholders’ meeting approving the merger or conversion, which it will pay dissenting shareholders of the bank
entitled to payment in cash. The amount due under such
accepted offer or under the appraisal shall constitute a debt of
the resulting state or national bank. [1994 c 256 § 58; 1994 c
92 § 146; 1955 c 33 § 30.49.090. Prior: 1953 c 234 § 9.]
30.49.090
Reviser’s note: This section was amended by 1994 c 92 § 146 and by
1994 c 256 § 58, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.49.100 Provision for successors to fiduciary positions. Where a resulting state bank is not to exercise trust
powers, the director shall not approve a merger or conversion
until satisfied that adequate provision has been made for successors to fiduciary positions held by the merging state or
national banks or the converting state or national bank. [1994
c 92 § 147; 1955 c 33 § 30.49.100. Prior: 1953 c 234 § 10.]
30.49.100
30.49.110 Assets, business—Time for conformance
with state law. If a merging or converting state or national
30.49.110
(2010 Ed.)
Merging Trust Companies
bank has assets which do not conform to the requirements of
state law for the resulting state bank or carries on business
activities which are not permitted for the resulting state bank,
the director may permit a reasonable time to conform with
state law. [1994 c 92 § 148; 1955 c 33 § 30.49.110. Prior:
1953 c 234 § 11.]
30.49.120 Resulting state bank—Valuation of certain
assets limited. Without approval by the director no asset
shall be carried on the books of the resulting state bank at a
valuation higher than that on the books of the merging or converting state or national bank at the time of its last examination by a state examiner or national bank examiner before the
effective date of the merger or conversion. [1994 c 92 § 149;
1955 c 33 § 30.49.120. Prior: 1953 c 234 § 12.]
30.49.120
30.49.125 Resulting bank has branches inside and
outside of state—Application—Definitions—Combination or purchase and assumption requires director’s
approval—Deposit concentration limits. (1) This section
is applicable where the resulting bank would have branches
inside and outside the state of Washington.
(2) As used in this section, unless a different meaning is
required by the context, the following words and phrases
have the following meanings:
(a) "Combination" means a merger or consolidation, or
purchase or sale of all or substantially all of the assets, including all or substantially all of the branches.
(b) "Out-of-state bank" means a bank, as defined in 12
U.S.C. Sec. 1813(a), which is chartered under the laws of any
state other than this state, or a national bank, the main office
of which is located in any state other than this state.
(c) "State" means any state of the United States, the District of Columbia, any territory of the United States, Puerto
Rico, Guam, American Samoa, the Trust Territory of the
Pacific Islands, the Virgin Islands, and the Northern Mariana
Islands.
(3) A bank chartered under this title may engage in a
combination or purchase and assumption of one or more
branches of an out-of-state bank with an out-of-state bank
with the prior approval of the director if the combination or
purchase and assumption would result in a bank chartered
under this title. Upon notice to the director a bank chartered
under this title and an out-of-state bank may engage in a combination if the combination would result in an out-of-state
bank. However, that combination shall comply with applicable Washington law as determined by the director, including
but not limited to applicable state merger laws, and the conditions and requirements of this section.
(4) Applications for the director’s approval under subsection (3) of this section shall be on a form prescribed by the
director and conditioned upon payment of the fee prescribed
pursuant to RCW 30.08.095. If the director finds that (a) the
proposed combination will not be detrimental to the safety
and soundness of the applicant or the resulting bank, (b) any
new officers and directors of the resulting bank are qualified
by character, experience, and financial responsibility to direct
and manage the resulting bank, and (c) the proposed merger
is consistent with the convenience and needs of the communities to be served by the resulting bank in this state and is
30.49.125
(2010 Ed.)
Chapter 30.53
otherwise in the public interest, the director shall approve the
interstate combination and the operation of branches outside
of Washington by the applicant bank. This transaction may
be consummated only after the applicant has received evidence of the director’s written approval.
(5) Any out-of-state bank that will be the resulting bank
pursuant to an interstate combination involving a bank chartered under this title shall notify the director of the proposed
combination not later than three days after the date of filing
of an application for the combination with the responsible
federal bank supervisory agency, and shall submit a copy of
that application to the director and pay applicable filing fees,
if any, required by the director. In lieu of notice from the proposed resulting bank the director may accept notice from the
bank’s supervisory agency having primary responsibility for
the bank. The director shall have the authority to waive any
procedures required by Washington merger laws if the director finds that the procedures are in conflict with applicable
federal law or in conflict with the applicable law of the state
of the resulting bank.
(6) Subject to RCW 30.38.010(2), the deposit concentration limits stated in 12 U.S.C. Sec. 1831u(b)(2)(B) shall
apply to the combination of an out-of-state bank and a nonaffiliated out-of-state bank or bank organized under this title or
under the national bank act if the combination is an interstate
merg er transaction as def ined b y *12 U.S.C. Sec.
1831u(f)(6).
(7) A combination resulting in the acquisition, by an outof-state bank that does not have branches in this state, of a
bank organized under this title or the national bank act, shall
not be permitted under this chapter unless the bank to be
acquired, or its predecessors, have been in continuous operation, on the date of the combination, for a period of at least
five years. [1996 c 2 § 9.]
*Reviser’s note: This reference appears incorrect, see 12 U.S.C. Sec.
1831u(g)(6).
Additional notes found at www.leg.wa.gov
30.49.130 Severability—1955 c 33. If any provision of
this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of the chapter which can be
given effect without the invalid provision or application, and
to this end the provisions of the chapter are declared to be
severable. The invalidity of any provision as to a national
bank or as to the stockholders of a national bank shall not
affect its validity as to a state bank or as to the stockholders
of a state bank. [1955 c 33 § 30.49.130. Prior: 1953 c 234 §
13.]
30.49.130
Chapter 30.53
Chapter 30.53 RCW
MERGING TRUST COMPANIES
Sections
30.53.010
30.53.020
30.53.030
30.53.040
30.53.050
30.53.060
Definitions.
Approval by director—Required.
Contents of merger agreement—Approval by each board of
directors—Requirements for director’s approval.
Approval by stockholders—Voting—Notice.
Effective date of merger—Certificate of merger.
Resulting trust company—Property, rights, powers, and
duties.
[Title 30 RCW—page 59]
30.53.010
30.53.070
30.53.080
Title 30 RCW: Banks and Trust Companies
Dissenting shareholders—May receive value in cash—
Appraisal.
Valuation of assets—Books of merging trust company.
30.53.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
through this chapter.
(1) "Merging trust company" means a party to a merger.
(2) "Merger" includes consolidation.
(3) "Resulting trust company" means the trust company
resulting from a merger.
(4) "Vote of stockholders" or "vote of classes of stockholders" means only a vote of those entitled to vote under the
terms of such shares. [1994 c 256 § 59.]
30.53.010
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.020 Approval by director—Required. Upon
approval by the director, trust companies may be merged to
result in a trust company. [1994 c 256 § 60.]
30.53.020
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.030 Contents of merger agreement—Approval
by each board of directors—Requirements for director’s
approval. (1) The board of directors of each merging trust
company shall, by a majority of the entire board, approve a
merger agreement that must contain:
(a) The name of each merging trust company and location of each office;
(b) With respect to the resulting trust company, (i) the
name and location of the principal and other offices; (ii) the
name and mailing address of each director to serve until the
next annual meeting of the stockholders; (iii) the name and
mailing address of each officer; (iv) the amount of capital, the
number of shares and the par value, if any, of each share; and
(v) the amendments to its charters and bylaws;
(c) Provisions governing the exchange of shares of the
merging trust companies for such consideration as has been
agreed to in the merger agreement;
(d) A statement that the agreement is subject to approval
by the director and the stockholders of each merging trust
company;
(e) Provisions governing the manner of disposing of the
shares of the resulting trust company if the shares are to be
issued in the transaction and are not taken by dissenting
shareholders of merging trust companies; and
(f) Any other provisions the director requires to discharge his or her duties with respect to the merger;
(2) After approval by the board of directors of each
merging trust company, the merger agreement shall be submitted to the director for approval, together with certified
copies of the authorizing resolutions of each board of directors showing approval by a majority of the entire board.
Within sixty days after receipt by the director of the merger
agreement and resolutions, the director shall approve or disapprove of the merger agreement, and if no action is taken,
the agreement is deemed approved. The director shall
approve the agreement if it appears that the:
(a) Resulting trust company meets the requirements of
state law as to the formation of a new trust company;
(b) Agreement provides an adequate capital structure
including surplus in relation to the deposit liabilities, if any,
30.53.030
[Title 30 RCW—page 60]
of the resulting trust company and its other activities which
are to continue or are to be undertaken;
(c) Agreement is fair; and
(d) Merger is not contrary to the public interest.
If the director disapproves an agreement, he or she shall
state his or her objections and give an opportunity to the
merging trust company to amend the merger agreement to
obviate such objections. [1994 c 256 § 61.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.040 Approval by stockholders—Voting—
Notice. (1) To be effective, a merger that is to result in a trust
company must be approved by the stockholders of each
merging trust company by a vote of two-thirds of the outstanding voting stock of each class at a meeting called to consider such action. This vote shall constitute the adoption of
the charter and bylaws of the resulting trust company, including the amendments in the merger agreement.
(2) Unless waived in writing, notice of the meeting of
stockholders shall be given by publication in a newspaper of
general circulation in the place where the principal office of
each merging trust company is located, at least once each
week for four successive weeks, and by mail, at least fifteen
days before the date of the meeting, to each stockholder of
record of each merging trust company at the address on the
books of the stockholder’s trust company. No notice of publication need be given if written waivers are received from
the holders of two-thirds of the outstanding shares of each
class of stock. The notice shall state that dissenting stockholders will be entitled to payment of the value of only those
shares which are voted against approval of the plan. [1994 c
256 § 62.]
30.53.040
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.050 Effective date of merger—Certificate of
merger. (1) A merger that is to result in a trust company
shall, unless a later date is specified in the agreement, become
effective after the filing with and upon the approval of the
director of the executed agreement together with copies of the
resolutions of the stockholders of each merging trust company approving it, certified by the trust company’s president
or a vice president and a secretary. The charters of the merging trust companies, other than the resulting trust company,
shall immediately after that automatically terminate.
(2) The director shall immediately after that issue to the
resulting trust company a certificate of merger specifying the
name of each merging trust company and the name of the
resulting trust company. The certificate shall be conclusive
evidence of the merger and of the correctness of all proceedings regarding the merger in all courts and places, and may be
recorded in any office for the recording of deeds to evidence
the new name in which the property of the merging trust companies is held. [1994 c 256 § 63.]
30.53.050
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.060 Resulting trust company—Property,
rights, powers, and duties. (1) A resulting trust company
shall be the same business and corporate entity as each merging trust company with all property, rights, powers, and
duties of each merging trust company, except as affected by
30.53.060
(2010 Ed.)
Bank Stabilization Act
state law and by the charter and bylaws of the resulting trust
company. A resulting trust company shall have the right to
use the name of any merging trust company whenever it can
do any act under such name more conveniently.
(2) Any reference to a merging trust company in any
writing, whether executed or taking effect before or after the
merger, is a reference to the resulting trust company if not
inconsistent with the other provisions of that writing. [1994
c 256 § 64.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
30.53.070
30.53.070 Dissenting shareholders—May receive
value in cash—Appraisal. (1) The owner of shares of a trust
company that were voted against a merger to result in a trust
company shall be entitled to receive their value in cash, if and
when the merger becomes effective, upon written demand
made to the resulting trust company at any time within thirty
days after the effective date of the merger, accompanied by
the surrender of the stock certificates. The value of the shares
shall be determined, as of the date of the stockholders’ meeting approving the merger, by three appraisers, one to be
selected by the owners of two-thirds of the dissenting shares,
one by the board of directors of the resulting trust company,
and the third by the two so chosen. The valuation agreed upon
by any two appraisers shall govern. If the appraisal is not
completed within ninety days after the merger becomes
effective, the director shall cause an appraisal to be made.
(2) The dissenting shareholders shall bear, on a pro rata
basis based on number of dissenting shares owned, the cost of
their appraisal and one-half of the cost of a third appraisal,
and the resulting trust company shall bear the cost of its
appraisal and one-half of the cost of the third appraisal. If the
director causes an appraisal to be made, the cost of that
appraisal shall be borne equally by the dissenting shareholders and the resulting trust company, with the dissenting shareholders sharing their half of the cost on a pro rata basis based
on number of dissenting shares owned.
(3) The resulting trust company may fix an amount
which it considers to be not more than the fair market value
of the shares of a merging trust company at the time of the
stockholders’ meeting approving the merger, that it will pay
dissenting shareholders of the trust company entitled to payment in cash. The amount due under an accepted offer or
under the appraisal shall constitute a debt of the resulting
trust company. [1998 c 45 § 3; 1994 c 256 § 65.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Chapter 30.56
30.56.040
Chapter 30.56 RCW
BANK STABILIZATION ACT
Sections
30.56.010
30.56.020
30.56.030
30.56.040
30.56.050
30.56.060
30.56.070
30.56.080
30.56.090
30.56.100
"Bank" and "directors" defined.
Postponement of payments on deposits—Order—Posting.
Business during postponement.
Deposits received during postponement.
Plan for reorganization—Conditions.
Approval of plan—Unsecured claims.
No dividends until reductions paid.
Failure to pay in excess of plan, effect.
New bank may be authorized.
Chapter designated "bank stabilization act."
30.56.010 "Bank" and "directors" defined. In this
chapter the word "bank" includes savings banks, mutual savings banks, and trust companies, and "directors" shall include
trustees. [1955 c 33 § 30.56.010. Prior: 1933 c 49 § 2; RRS
§ 3293-2.]
30.56.010
30.56.020 Postponement of payments on deposits—
Order—Posting. The director is hereby empowered, upon
the written application of the directors of a bank, if in his or
her judgment the circumstances warrant it, to authorize a
bank to postpone, for a period of ninety days and for such further period or periods as he or she may deem expedient, the
payment of such proportions or amounts of the demands of its
depositors from time to time as he or she may deem necessary. The period or periods of postponement and the proportions or amounts of the demands to be deferred shall be determined by him or her according to the ability of the bank to
pay withdrawals. By the regulations prescribed for deferred
payments, the director may classify accounts and limit payments to depositors of the several classes differently. The
director’s orders, regulations and directions shall be in writing and be filed in his or her office, and copies thereof shall
be delivered to the bank and be forthwith posted in a conspicuous place in the banking room. [1994 c 92 § 150; 1955 c 33
§ 30.56.020. Prior: 1933 c 49 § 2; RRS § 3293-2.]
30.56.020
30.56.030 Business during postponement. During
postponement of payments the bank shall remain open for
business and be in charge of its officers, but shall not make
any loans, investments or expenditures except such as the
director will approve as necessary to conserve its assets and
pay the cost of operation. The bank’s failure during a period
of postponement to repay deposits existing at the commencement of the period, shall not authorize or require the director
to take charge of or liquidate the bank, nor constitute ground
for the appointment of a receiver. [1994 c 92 § 151; 1955 c
33 § 30.56.030. Prior: 1933 c 49 § 3; RRS § 3293-3.]
30.56.030
30.56.040 Deposits received during postponement.
Deposits received during a period of postponement and for
sixty days thereafter shall be kept separate from other assets
of the bank, shall not draw interest, shall not be loaned or
invested except by depositing with reserve banks or investing
in liquid securities approved by the director, and shall be
withdrawable upon demand. If during a postponement of
payments, or at the expiration thereof, the director shall take
charge of the bank for liquidation, deposits made during the
period of postponement shall be deemed trust funds and be
30.56.040
30.53.080
30.53.080 Valuation of assets—Books of merging
trust company. Without approval by the director, no asset
shall be carried on the books of the resulting trust company at
a valuation higher than that on the books of the merging trust
company at the time of its last examination by a state trust
examiner before the effective date of the merger or conversion. [1994 c 256 § 66.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
(2010 Ed.)
[Title 30 RCW—page 61]
30.56.050
Title 30 RCW: Banks and Trust Companies
repaid to the depositors forthwith. [1994 c 92 § 152; 1955 c
33 § 30.56.040. Prior: 1933 c 49 § 4; RRS § 3293-4.]
30.56.050 Plan for reorganization—Conditions. At
the request of the directors of a bank, the director may propose a plan for its reorganization, if in his or her judgment it
would be for the best interests of the bank’s creditors and of
the community which the bank serves. The plan may contemplate such temporary ratable reductions of the demands of
depositors and other creditors as would leave its reserve adequate and its capital and surplus unimpaired after the charging off of bad and doubtful debts; and also may contemplate
a postponement of payments as in a case falling within RCW
30.56.020. The plan shall be fully described in a writing, the
original of which shall be filed in the office of the director
and several copies of which shall be furnished the bank,
where one or more copies shall be kept available for inspection by stockholders, depositors and other creditors. [1994 c
92 § 153; 1955 c 33 § 30.56.050. Prior: 1933 c 49 § 5; RRS
§ 3293-5.]
30.56.050
30.56.060 Approval of plan—Unsecured claims. If,
within ninety days after the filing of the plan, creditors having unsecured demands against the bank aggregating not less
than three-fourths of the amount of the unsecured demands of
all its creditors, approved the plan, the director shall have
power to declare the plan to be in effect. Thereupon the unsecured demands of creditors shall be ratably reduced according to the plan and appropriate debits shall be made in the
books. The right of a secured creditor to enforce his or her
security shall not be affected by the operation of the plan, but
the amount of any deficiency to which he or she may be entitled shall be reduced as unsecured demands were reduced. If
the plan contemplates a temporary postponement of payments, RCW 30.56.020, 30.56.030 and 30.56.040 shall be
applicable, and the bank shall comply therewith and conduct
its affairs accordingly. [1994 c 92 § 154; 1955 c 33 §
30.56.060. Prior: 1933 c 49 § 6; RRS § 3293-6.]
tions as he or she shall prescribe, may approve the incorporation of a new bank and permit it to take over the assets and
business and assume the liabilities of the existing bank.
[1994 c 92 § 156; 1955 c 33 § 30.56.090. Prior: 1933 c 49 §
9; RRS § 3293-9.]
30.56.100 Chapter designated "bank stabilization
act." This chapter shall be known as the bank stabilization
act. [1955 c 33 § 30.56.100. Prior: 1933 c 49 § 1; RRS §
3293-1.]
30.56.100
Chapter 30.60
Chapter 30.60 RCW
COMMUNITY CREDIT NEEDS
Sections
30.60.010
30.60.020
30.60.030
30.60.900
30.60.901
Examinations—Investigation and assessment of performance
record in meeting community credit needs.
Approval and disapproval of applications—Consideration of
performance record in meeting community credit needs.
Adoption of rules.
Severability—1985 c 329.
Effective date—1985 c 329.
30.56.060
30.56.070 No dividends until reductions paid. A bank
for which such a plan has been put into effect shall not
declare or pay a dividend or distribute any of its assets among
stockholders until there shall have been set aside for and
credited ratably to the creditors whose demands were reduced
an amount equal to the aggregate of the reductions. [1955 c
33 § 30.56.070. Prior: 1933 c 49 § 7; RRS 3293-7.]
30.56.070
30.56.080 Failure to pay in excess of plan, effect. The
failure of a bank operating under such a plan to pay to a creditor at any time a sum greater than the plan then requires,
shall not constitute a default nor authorize or require the
director to take charge of or liquidate the bank nor entitle the
creditor to maintain an action against the bank. [1994 c 92 §
155; 1955 c 33 § 30.56.080. Prior: 1933 c 49 § 8; RRS 32938.]
30.56.080
30.56.090 New bank may be authorized. If the net
assets of a bank operating under such a plan are sufficient to
provide the capital and surplus of a newly organized bank in
the same place, the director, under such reasonable condi30.56.090
[Title 30 RCW—page 62]
30.60.010 Examinations—Investigation and assessment of performance record in meeting community credit
needs. (1) In conducting an examination of a bank chartered
under Title 30 RCW, the director shall investigate and assess
the record of performance of the bank in meeting the credit
needs of the bank’s entire community, including low and
moderate-income neighborhoods. The director shall accept,
in lieu of an investigation or part of an investigation required
by this section, any report or document that the bank is
required to prepare or file with one or more federal agencies
by the act of Congress entitled the "Community Reinvestment Act of 1977" and the regulations promulgated in accordance with that act, to the extent such reports or documents
assist the director in making an assessment based upon the
factors outlined in subsection (2) of this section.
(2) In making an investigation required under subsection
(1) of this section, the director shall consider, independent of
any federal determination, the following factors in assessing
the bank’s record of performance:
(a) Activities conducted by the institution to ascertain
credit needs of its community, including the extent of the
institution’s efforts to communicate with members of its
community regarding the credit services being provided by
the institution;
(b) The extent of the institution’s marketing and special
credit related programs to make members of the community
aware of the credit services offered by the institution;
(c) The extent of participation by the institution’s board
of directors in formulating the institution’s policies and
reviewing its performance with respect to the purposes of the
Community Reinvestment Act of 1977;
(d) Any practices intended to discourage applications for
types of credit set forth in the institution’s community reinvestment act statement(s);
(e) The geographic distribution of the institution’s credit
extensions, credit applications, and credit denials;
(f) Evidence of prohibited discriminatory or other illegal
credit practices;
30.60.010
(2010 Ed.)
Construction
(g) The institution’s record of opening and closing
offices and providing services at offices;
(h) The institution’s participation, including investments, in local community and microenterprise development
projects;
(i) The institution’s origination of residential mortgage
loans, housing rehabilitation loans, home improvement loans,
and small business or small farm loans within its community,
or the purchase of such loans originated in its community;
(j) The institution’s participation in governmentally
insured, guaranteed, or subsidized loan programs for housing, small businesses, or small farms;
(k) The institution’s ability to meet various community
credit needs based on its financial condition, size, legal
impediments, local economic condition, and other factors;
(l) The institution’s contribution of cash or in-kind support to local or statewide organizations that provide counseling, training, financing, or other services to small businesses;
and
(m) Other factors that, in the judgment of the director,
reasonably bear upon the extent to which an institution is
helping to meet the credit needs of its entire community.
(3) The director shall include as part of the examination
report, a summary of the results of the assessment required
under subsection (1) of this section and shall assign annually
to each bank a numerical community reinvestment rating
based on a one through five scoring system. Such numerical
scores shall represent performance assessments as follows:
(a) Excellent performance:
(b) Good performance:
(c) Satisfactory performance:
(d) Inadequate performance:
(e) Poor performance:
1
2
3
4
5
[2009 c 486 § 3; 2008 c 240 § 1; 1994 c 92 § 157; 1985 c 329
§ 2.]
Intent—2009 c 486: See note following RCW 39.29.006.
Conflict with federal requirements—2009 c 486: See note following
RCW 28B.30.530.
Legislative intent—1985 c 329: "The legislature believes that commercial banks and savings banks doing business in Washington state have a
responsibility to meet the credit needs of the businesses and communities of
Washington state, consistent with safe and sound business practices and the
free exercise of management discretion.
This act is intended to provide the supervisor of banking and the supervisor of savings and loan associations with the information necessary to
enable the supervisors to better determine whether commercial banks, savings banks, and savings and loan associations are meeting the convenience
and needs of the public.
This act is further intended to condition the approval of any application
by a commercial bank, savings bank, or savings and loan association for a
new branch or satellite facility, for an acquisition, merger, conversion, or
purchase of assets of another institution not required for solvency reasons, or
for the exercise of any new power upon proof that the applicant is satisfactorily meeting the convenience and needs of its community or communities."
[1985 c 329 § 1.] "This act" consists of the enactment of RCW 30.04.212,
30.04.214, 30.60.010, 30.60.020, 30.60.030, 30.60.900, 30.60.901,
32.40.010, 32.40.020, and 32.40.030 and this section and the 1985 c 329
amendment to RCW 30.04.210.
30.98.040
satellite facility; for a purchase of assets, a merger, an acquisition or a conversion not required for solvency reasons; or
for authority to engage in a business activity, the director
shall consider, among other factors, the record of performance of the applicant in helping to meet the credit needs of
the applicant’s entire community, including low and moderate-income neighborhoods. Assessment of an applicant’s
record of performance may be the basis for denying an application. [1994 c 92 § 158; 1985 c 329 § 3.]
30.60.030 Adoption of rules. The director shall adopt
all rules necessary to implement sections 2 through 6, chapter
329, Laws of 1985 by January 1, 1986. [1994 c 92 § 159;
1985 c 329 § 7.]
30.60.030
30.60.900 Severability—1985 c 329. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 329 § 11.]
30.60.900
30.60.901 Effective date—1985 c 329. This act shall
take effect on January 1, 1986, but the director may immediately take such steps as are necessary to ensure that this act is
implemented on its effective date. [1994 c 92 § 160; 1985 c
329 § 13.]
30.60.901
Chapter 30.98
Chapter 30.98 RCW
CONSTRUCTION
Sections
30.98.010
30.98.020
30.98.030
30.98.040
30.98.050
30.98.060
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Prior investments or transactions not affected.
Repeals and saving.
Emergency—1955 c 33.
30.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1955 c 33 §
30.98.010.]
30.98.010
30.98.020 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1955 c 33 § 30.98.020.]
30.98.020
30.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1955 c 33 § 30.98.030.]
30.98.030
30.98.040 Prior investments or transactions not
affected. Nothing in this title shall be construed to affect the
legality of investments, made prior to March 10, 1917, or of
transactions had before March 10, 1917, pursuant to any provisions of law in force when such investment were made or
30.98.040
30.60.020 Approval and disapproval of applications—Consideration of performance record in meeting
community credit needs. Whenever the director must
approve or disapprove of an application for a new branch or
30.60.020
(2010 Ed.)
[Title 30 RCW—page 63]
30.98.050
Title 30 RCW: Banks and Trust Companies
transactions had. (Adopted from 1917 c 80 § 77.) [1955 c 33
§ 30.98.040.]
30.98.050 Repeals and saving.
30.98.050.
30.98.050
See 1955 c 33 §
30.98.060 Emergency—1955 c 33. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1955 c 33 § 30.98.060.]
30.98.060
[Title 30 RCW—page 64]
(2010 Ed.)
Title 31
Chapters
31.04
31.12
31.13
31.20
31.24
31.35
31.40
31.45
Title 31
MISCELLANEOUS LOAN AGENCIES
31.04.155
Consumer loan act.
Washington state credit union act.
Corporate credit unions.
Development credit corporations.
Industrial development corporations.
Agricultural lenders—Loan guaranty program.
Federally guaranteed small business loans.
Check cashers and sellers.
31.04.165
31.04.168
31.04.175
31.04.185
31.04.202
31.04.205
Bills of lading: Article 62A.7 RCW.
31.04.208
31.04.211
31.04.221
Cooperative associations: Chapter 23.86 RCW.
Corporations and associations
nonprofit: Title 24 RCW.
profit: Title 23B RCW.
31.04.224
31.04.227
31.04.231
31.04.234
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Department of financial institutions: Chapter 43.320 RCW.
31.04.237
31.04.241
False representations concerning credit: RCW 9.38.010.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Forgery: RCW 9A.60.020.
31.04.244
31.04.247
31.04.251
Interest and usury in general: Chapter 19.52 RCW.
Joint tenancies with right of survivorship: Chapter 64.28 RCW.
31.04.254
Mortgages and trust receipts: Title 61 RCW.
Negotiable instruments: Article 62A.3 RCW.
Nonadmitted foreign corporations, powers relative to secured interests:
Chapter 23B.18 RCW.
Pawnbrokers: Chapter 19.60 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
31.04.257
31.04.261
31.04.264
31.04.267
31.04.271
Safe deposit companies: Chapter 22.28 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
Chapter 31.04
Chapter 31.04 RCW
CONSUMER LOAN ACT
(Formerly: Industrial loan companies)
31.04.274
31.04.277
31.04.281
31.04.284
31.04.290
31.04.293
31.04.297
Sections
31.04.015
31.04.025
31.04.025
31.04.027
31.04.035
31.04.045
31.04.055
31.04.065
31.04.075
31.04.085
31.04.093
31.04.102
31.04.105
31.04.115
31.04.125
31.04.135
31.04.145
(2010 Ed.)
Definitions.
Application of chapter (as amended by 2009 c 120).
Application of chapter (as amended by 2009 c 311).
Violations of chapter.
License required.
License—Application—Background checks—Fee—Surety
bond.
License—Director’s duties.
License—Information contained—Requirement to post.
Licensee—Place of business.
Licensee—Assessment—Bond—Time of payment.
Licensing—Applications—Regulation of licensees—Director’s duties—Fines—Orders.
Loans secured, or not secured, by lien on real property—Licensee’s obligations—Disclosure of fees and costs to borrower—Time limits.
Licensee—Powers—Restrictions.
Open-end loan—Requirements—Restrictions—Options.
Loan restrictions—Interest calculations.
Advertisements or promotions.
Investigations and examinations—Director’s duties and powers—Production of information—Costs.
Licensee—Recordkeeping—Director’s access—Report
requirement—Failure to report.
Director—Broad administrative discretion—Rule making—
Actions in superior court.
Director—Powers under chapter 19.144 RCW.
Violations—No penalty prescribed—Gross misdemeanor—
Good faith exception.
Repealed sections of law—Rules adopted under.
Application of administrative procedure act.
Enforcement of chapter—Director’s discretion—Hearing—
Sanctions.
Application of consumer protection act.
Application of chapter—2009 c 120.
Mortgage loan originator—License required—Unique identifier required.
Mortgage loan originators—Licensing exemptions.
Mortgage loan origination—Independent contractors.
Individual loan processor—Licensing exemptions.
Mortgage loan originator license—Application form and content.
Use of nationwide mortgage licensing system and registry.
Mortgage loan originator application—Required submission
and use of personal information.
Mortgage loan originator application—Required information—Fees.
Issuance of mortgage loan originator license—Necessary findings.
Mortgage loan originator license—Renewal—Surrender—
Rules.
Mortgage loan originator licensing process—Rules—Interim
procedures.
Mortgage loan originator interim license.
Mortgage loan originator—Education requirements.
Mortgage loan originator—Testing requirements.
Mortgage loan originator—Continuing education requirements.
Mortgage loan originators—System information may be challenged.
Information provided to nationwide mortgage licensing system and registry—Confidentiality—Restrictions on sharing.
Consumer loan companies—When reports of condition are
required.
Reports of violation—2009 c 120.
Mortgage loan originator—Unique identifier—Display.
Residential mortgage loan servicer—Requirements—Written
detailed information.
Residential mortgage loan modification services—Written fee
agreement—Limitation on fees—Rules.
Third-party residential mortgage loan modification services
providers—Duties—Restrictions.
REVERSE MORTGAGE LENDING
31.04.500
31.04.501
31.04.505
31.04.510
31.04.515
31.04.520
31.04.525
31.04.530
31.04.535
31.04.540
31.04.900
31.04.901
31.04.902
31.04.903
31.04.904
Short title.
Implementation.
Definitions.
Requirements of licensee—Minimum capital—Exceptions.
Loan requirements—Compliance—Rules.
Right to rescind transaction.
Preapproval required from department of financial institutions—Application of section—Rules.
Required notice to prospective borrower about counseling—
Form—Contents—Annual disclosure statements—Property
appraisals.
Lender default—Treble damages—Civil remedies.
Loan advances—Eligibility and benefits under means-tested
programs—Subject to federal law.
Severability—1991 c 208.
Short title.
Effective dates, implementation—1991 c 208.
Effective date—2009 c 120.
Effective date—2010 c 35.
Department of financial institutions: Chapter 43.320 RCW.
[Title 31 RCW—page 1]
31.04.015
Title 31 RCW: Miscellaneous Loan Agencies
Master license system exemption: RCW 19.02.800.
31.04.015 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires a different meaning.
(1) "Add-on method" means the method of precomputing interest payable on a loan whereby the interest to be
earned is added to the principal balance and the total plus any
charges allowed under this chapter is stated as the loan
amount, without further provision for the payment of interest
except for failure to pay according to loan terms. The director may adopt by rule a more detailed explanation of the
meaning and use of this method.
(2) "Applicant" means a person applying for a license
under this chapter.
(3) "Borrower" means any person who consults with or
retains a licensee or person subject to this chapter in an effort
to obtain or seek information about obtaining a loan, regardless of whether that person actually obtains such a loan.
(4) "Depository institution" has the same meaning as in
section 3 of the federal deposit insurance act on July 26,
2009, and includes credit unions.
(5) "Director" means the director of financial institutions.
(6) "Federal banking agencies" means the board of governors of the federal reserve system, comptroller of the currency, director of the office of thrift supervision, national
credit union administration, and federal deposit insurance
corporation.
(7) "Individual servicing a mortgage loan" means a person on behalf of a lender or servicer licensed by this state,
who collects or receives payments including payments of
principal, interest, escrow amounts, and other amounts due,
on existing obligations due and owing to the licensed lender
or servicer for a residential mortgage loan when the borrower
is in default, or in reasonably foreseeable likelihood of
default, working with the borrower and the licensed lender or
servicer, collects data and makes decisions necessary to modify either temporarily or permanently certain terms of those
obligations, or otherwise finalizing collection through the
foreclosure process.
(8) "Insurance" means life insurance, disability insurance, property insurance, involuntary unemployment insurance, and such other insurance as may be authorized by the
insurance commissioner.
(9) "License" means a single license issued under the
authority of this chapter with respect to a single place of business.
(10) "Licensee" means a person to whom one or more
licenses have been issued.
(11) "Loan" means a sum of money lent at interest or for
a fee or other charge and includes both open-end and
closed-end loan transactions.
(12) "Loan processor" means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed, or exempt from licensing, under chapter 19.146
RCW.
(13) "Making a loan" means advancing, offering to
advance, or making a commitment to advance funds to a borrower for a loan.
31.04.015
[Title 31 RCW—page 2]
(14) "Mortgage broker" means the same as defined in
RCW 19.146.010, except that for purposes of this chapter, a
licensee or person subject to this chapter cannot receive compensation as both a consumer loan licensee making the loan
and as a consumer loan licensee acting as the mortgage broker in the same loan transaction.
(15)(a) "Mortgage loan originator" means an individual
who for compensation or gain (i) takes a residential mortgage
loan application, or (ii) offers or negotiates terms of a residential mortgage loan. "Mortgage loan originator" does not
include any individual who performs purely administrative or
clerical tasks; and does not include a person or entity solely
involved in extensions of credit relating to timeshare plans, as
that term is defined in section 101(53D) of Title 11, United
States Code. For the purposes of this definition, administrative or clerical tasks means the receipt, collection, and distribution of information common for the processing of a loan in
the mortgage industry and communication with a consumer
to obtain information necessary for the processing of a residential mortgage loan.
(b) "Mortgage loan originator" also includes an individual who for compensation or gain performs residential mortgage loan modification services or holds himself or herself
out as being able to perform residential mortgage loan modification services.
(c) "Mortgage loan originator" does not include a person
or entity that only performs real estate brokerage activities
and is licensed or registered in accordance with applicable
state law, unless the person or entity is compensated by a
lender, a mortgage broker, or other mortgage loan originator
or by any agent of such a lender, mortgage broker, or other
mortgage loan originator. For the purposes of chapter 120,
Laws of 2009, the term "real estate brokerage activity" means
any activity that involves offering or providing real estate
brokerage services to the public, including:
(i) Acting as a real estate agent or real estate broker for a
buyer, seller, lessor, or lessee of real property;
(ii) Bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property;
(iii) Negotiating, on behalf of any party, any portion of a
contract relating to the sale, purchase, lease, rental, or
exchange of real property, other than in connection with providing financing with respect to such a transaction;
(iv) Engaging in any activity for which a person engaged
in the activity is required to be registered or licensed as a real
estate agent or real estate broker under any applicable law;
and
(v) Offering to engage in any activity, or act in any
capacity, described in (c)(i) through (iv) of this subsection.
(d) This subsection does not apply to an individual servicing a mortgage loan before July 1, 2011.
(e) This subsection does not apply to employees of a
housing counseling agency approved by the United States
department of housing and urban development unless the
employees of a housing counseling agency are required under
federal law to be individually licensed as mortgage loan originators.
(16) "Nationwide mortgage licensing system and registry" means a mortgage licensing system developed and maintained by the conference of state bank supervisors and the
(2010 Ed.)
Consumer Loan Act
American association of residential mortgage regulators for
the licensing and registration of mortgage loan originators.
(17) "Officer" means an official appointed by the company for the purpose of making business decisions or corporate decisions.
(18) "Person" includes individuals, partnerships, associations, limited liability companies, limited liability partnerships, trusts, corporations, and all other legal entities.
(19) "Principal" means any person who controls, directly
or indirectly through one or more intermediaries, alone or in
concert with others, a ten percent or greater interest in a partnership; company; association or corporation; or a limited
liability company, and the owner of a sole proprietorship.
(20) "Registered mortgage loan originator" means any
individual who meets the definition of mortgage loan originator and is an employee of a depository institution; a subsidiary that is owned and controlled by a depository institution
and regulated by a federal banking agency; or an institution
regulated by the farm credit administration and is registered
with, and maintains a unique identifier through, the nationwide mortgage licensing system and registry.
(21) "Residential mortgage loan" means any loan primarily for personal, family, or household use that is secured by
a mortgage, deed of trust, or other equivalent consensual
security interest on a dwelling, as defined in section 103(v) of
the truth in lending act, or residential real estate upon which
is constructed or intended to be constructed a dwelling.
(22) "Residential mortgage loan modification" means a
change in one or more of a residential mortgage loan’s terms
or conditions. Changes to a residential mortgage loan’s terms
or conditions include but are not limited to forbearances;
repayment plans; changes in interest rates, loan terms, or loan
types; capitalizations of arrearages; or principal reductions.
(23) "Residential mortgage loan modification services"
includes negotiating, attempting to negotiate, arranging,
attempting to arrange, or otherwise offering to perform a residential mortgage loan modification. "Residential mortgage
loan modification services" also includes the collection of
data for submission to an entity performing mortgage loan
modification services. "Residential mortgage loan modification services" do not include actions by individuals servicing
a mortgage loan before July 1, 2011.
(24) "S.A.F.E. act" means the secure and fair enforcement for mortgage licensing act of 2008, Title V of the housing and economic recovery act of 2008 ("HERA"), P.L. 110289, effective July 30, 2008.
(25) "Senior officer" means an officer of a licensee at the
vice president level or above.
(26) "Service or servicing a loan" means on behalf of the
lender or investor of a residential mortgage loan: (a) Collecting or receiving payments on existing obligations due and
owing to the lender or investor, including payments of principal, interest, escrow amounts, and other amounts due; (b) collecting fees due to the servicer; (c) working with the borrower
and the licensed lender or servicer to collect data and make
decisions necessary to modify certain terms of those obligations either temporarily or permanently; (d) otherwise finalizing collection through the foreclosure process; or (e) servicing a reverse mortgage loan.
(27) "Service or servicing a reverse mortgage loan"
means, pursuant to an agreement with the owner of a reverse
(2010 Ed.)
31.04.025
mortgage loan: Calculating, collecting, or receiving payments of interest or other amounts due; administering
advances to the borrower; and providing account statements
to the borrower or lender.
(28) "Simple interest method" means the method of computing interest payable on a loan by applying the annual percentage interest rate or its periodic equivalent to the unpaid
balances of the principal of the loan outstanding for the time
outstanding with each payment applied first to any unpaid
penalties, fees, or charges, then to accumulated interest, and
the remainder of the payment applied to the unpaid balance of
the principal until paid in full. In using such method, interest
shall not be payable in advance nor compounded, except that
on a loan secured by real estate, a licensee may collect at the
time of the loan closing up to but not exceeding forty-five
days of prepaid interest. The prohibition on compounding
interest does not apply to reverse mortgage loans made in
accordance with the Washington state reverse mortgage act.
The director may adopt by rule a more detailed explanation of
the meaning and use of this method.
(29) "Third-party residential mortgage loan modification
services" means residential mortgage loan modification services offered or performed by any person other than the
owner or servicer of the loan.
(30) "Third-party service provider" means any person
other than the licensee or a mortgage broker who provides
goods or services to the licensee or borrower in connection
with the preparation of the borrower’s loan and includes, but
is not limited to, credit reporting agencies, real estate brokers
or salespersons, title insurance companies and agents,
appraisers, structural and pest inspectors, or escrow companies.
(31) "Unique identifier" means a number or other identifier assigned by protocols established by the nationwide
mortgage licensing system and registry. [2010 c 35 § 1.
Prior: 2009 c 149 § 12; 2009 c 120 § 2; 2001 c 81 § 1; 1994
c 92 § 161; 1991 c 208 § 2.]
Findings—Declarations—2009 c 120: "The legislature finds and
declares that accessibility to credit is vital to the citizens of this state. The
legislature declares that it is essential for the protection of citizens of this
state and the stability of the state’s economy that standards for licensing and
regulation of the business practices of lenders be imposed. The legislature
further finds that the activities of lenders and mortgage loan originators and
the origination or offering of financing for residential real property have a
direct, valuable, and immediate impact upon this state’s consumers, this
state’s economy, the neighborhoods and communities of this state, and the
housing and real estate industry. The legislature therefore declares that this
act is necessary to encourage responsible lending in all credit transactions, to
protect borrowers, and to preserve access to credit in the residential real
estate lending market." [2009 c 120 § 1.]
31.04.025
31.04.025 Application of chapter (as amended by 2009 c 120).
((Each loan made to a resident of this state by a licensee is subject to the
authority and restrictions of this chapter, unless such loan is made under the
authority of chapter 63.14 RCW. This chapter shall not apply to any person
doing business under and as permitted by any law of this state or of the
United States relating to banks, savings banks, trust companies, savings and
loan or building and loan associations, or credit unions, nor to any pawnbroking business lawfully transacted under and as permitted by any law of
this state regulating pawnbrokers, nor to any loan of credit made pursuant to
a credit card plan.))
(1) This chapter does not apply to the following:
(a) Any person doing business under, and as permitted by, any law of
this state or of the United States relating to banks, savings banks, trust companies, savings and loan or building and loan associations, or credit unions;
(b) Entities making loans under chapter 19.60 RCW (pawnbroking);
[Title 31 RCW—page 3]
31.04.025
Title 31 RCW: Miscellaneous Loan Agencies
(c) Entities making loans under chapter 63.14 RCW (retail installment
sales of goods and services);
(d) Entities making loans under chapter 31.45 RCW (check cashers and
sellers);
(e) Any person making loans primarily for business, commercial, or
agricultural purposes, or making loans made to government or government
agencies or instrumentalities, or to organizations as defined in the federal
truth in lending act;
(f) Entities making loans under chapter 43.185 RCW (housing trust
fund);
(g) Entities making loans under programs of the United States department of agriculture, department of housing and urban development, or other
federal government program that provides funding or access to funding for
single-family housing developments or grants to low-income individuals for
the purchase or repair of single-family housing; and
(h) Entities making loans which are not residential mortgage loans
under a credit card plan.
(2) The director may, at his or her discretion, waive applicability of the
consumer loan company licensing provisions of this chapter to other persons,
not including individuals subject to the S.A.F.E. act, making loans when the
director determines it necessary to facilitate commerce and protect consumers. The director may adopt rules interpreting this section. [2009 c 120 § 3;
2008 c 78 § 1; 2001 c 81 § 2; 1991 c 208 § 4.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.025
31.04.025 Application of chapter (as amended by 2009 c 311). (1)
Each loan made to a resident of this state by a licensee is subject to the
authority and restrictions of this chapter, unless such loan is made under the
authority of chapter 63.14 RCW.
(2) This chapter shall not apply to any person doing business under and
as permitted by any law of this state or of the United States relating to banks,
savings banks, trust companies, savings and loan or building and loan associations, or credit unions, nor to any pawnbroking business lawfully transacted under and as permitted by any law of this state regulating pawnbrokers,
nor to any loan of credit made pursuant to a credit card plan.
(3) This chapter does not apply to nonprofit housing organizations
making loans, or loans made, under housing programs that are funded in
whole or in part by federal or state programs if the primary purpose of the
programs is to assist low-income borrowers with purchasing or repairing
housing or the development of housing for low-income Washington state
residents. [2009 c 311 § 1; 2008 c 78 § 1; 2001 c 81 § 2; 1991 c 208 § 4.]
Reviser’s note: RCW 31.04.025 was amended twice during the 2009
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Severability—2008 c 78: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2008 c 78 § 5.]
31.04.027 Violations of chapter. It is a violation of this
chapter for a licensee, its officers, directors, employees, or
independent contractors, or any other person subject to this
chapter to:
(1) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead any borrower, to defraud or
mislead any lender, or to defraud or mislead any person;
(2) Directly or indirectly engage in any unfair or deceptive practice toward any person;
(3) Directly or indirectly obtain property by fraud or misrepresentation;
(4) Solicit or enter into a contract with a borrower that
provides in substance that the consumer loan company may
earn a fee or commission through the consumer loan company’s best efforts to obtain a loan even though no loan is
actually obtained for the borrower;
(5) Solicit, advertise, or enter into a contract for specific
interest rates, points, or other financing terms unless the
31.04.027
[Title 31 RCW—page 4]
terms are actually available at the time of soliciting, advertising, or contracting;
(6) Fail to make disclosures to loan applicants as
required by RCW 31.04.102 and any other applicable state or
federal law;
(7) Make, in any manner, any false or deceptive statement or representation with regard to the rates, points, or
other financing terms or conditions for a residential mortgage
loan or engage in bait and switch advertising;
(8) Negligently make any false statement or knowingly
and willfully make any omission of material fact in connection with any reports filed with the department by a licensee
or in connection with any investigation conducted by the
department;
(9) Make any payment, directly or indirectly, to any
appraiser of a property, for the purposes of influencing the
independent judgment of the appraiser with respect to the
value of the property; or
(10) Advertise any rate of interest without conspicuously
disclosing the annual percentage rate implied by that rate of
interest or otherwise fail to comply with any requirement of
the truth in lending act, 15 U.S.C. Sec. 1601 and regulation Z,
12 C.F.R. Sec. 226, the real estate settlement procedures act,
12 U.S.C. Sec. 2601 and regulation X, 24 C.F.R. Sec. 3500,
or the equal credit opportunity act, 15 U.S.C. Sec. 1691 and
regulation B, Sec. 202.9, 202.11, and 202.12, or any other
applicable federal statute, as now or hereafter amended, in
any advertising of residential mortgage loans or any other
consumer loan company activity. [2001 c 81 § 3.]
31.04.035 License required. No person may engage in
the business of making secured or unsecured loans of money,
credit, or things in action, or servicing residential mortgage
loans, without first obtaining and maintaining a license in
accordance with this chapter, except those exempt under
RCW 31.04.025. [2010 c 35 § 2; 2009 c 120 § 4; 2008 c 78
§ 2; 1991 c 208 § 3.]
31.04.035
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
Severability—2008 c 78: See note following RCW 31.04.025.
31.04.045 License—Application—Background
checks—Fee—Surety bond. (1) Application for a license
under this chapter must be made to the nationwide mortgage
licensing system and registry or in the form prescribed by the
director. The application must contain at least the following
information:
(a) The name and the business addresses of the applicant;
(b) If the applicant is a partnership or association, the
name of every member;
(c) If the applicant is a corporation, the name, residence
address, and telephone number of each officer and director;
(d) The street address, county, and municipality from
which business is to be conducted; and
(e) Such other information as the director may require by
rule.
(2) As part of or in connection with an application for
any license under this section, or periodically upon license
renewal, each officer, director, and owner applicant shall furnish information concerning his or her identity, including fingerprints for submission to the Washington state patrol, the
31.04.045
(2010 Ed.)
Consumer Loan Act
federal bureau of investigation, the nationwide mortgage
licensing system and registry, or any governmental agency or
entity authorized to receive this information for a state and
national criminal history background check; personal history;
experience; business record; purposes; and other pertinent
facts, as the director may reasonably require. As part of or in
connection with an application for a license under this chapter, or periodically upon license renewal, the director is
authorized to receive criminal history record information that
includes nonconviction data as defined in RCW 10.97.030.
The department may only disseminate nonconviction data
obtained under this section to criminal justice agencies. This
section does not apply to financial institutions regulated
under chapters 31.12 and 31.13 RCW and Titles 30, 32, and
33 RCW.
(3) In order to reduce the points of contact which the federal bureau of investigation may have to maintain, the director may use the nationwide mortgage licensing system and
registry as a channeling agent for requesting information
from and distributing information to the department of justice
or any governmental agency.
(4) In order to reduce the points of contact which the
director may have to maintain, the director may use the
nationwide mortgage licensing system and registry as a channeling agent for requesting and distributing information to
and from any source so directed by the director.
(5) At the time of filing an application for a license under
this chapter, each applicant shall pay to the director or
through the nationwide mortgage licensing system and registry an investigation fee and the license fee in an amount
determined by rule of the director to be sufficient to cover the
director’s costs in administering this chapter.
(6) Each applicant shall file and maintain a surety bond,
approved by the director, executed by the applicant as obligor
and by a surety company authorized to do a surety business in
this state as surety, whose liability as such surety shall not
exceed in the aggregate the penal sum of the bond. The penal
sum of the bond shall be a minimum of thirty thousand dollars and based on the annual dollar amount of loans originated or residential mortgage loans serviced. The bond shall
run to the state of Washington as obligee for the use and benefit of the state and of any person or persons who may have a
cause of action against the obligor under this chapter. The
bond shall be conditioned that the obligor as licensee will
faithfully conform to and abide by this chapter and all the
rules adopted under this chapter. The bond will pay to the
state and any person or persons having a cause of action
against the obligor all moneys that may become due and
owing to the state and those persons under and by virtue of
this chapter. In lieu of a surety bond, if the applicant is a
Washington business corporation, the applicant may maintain unimpaired capital, surplus, and long-term subordinated
debt in an amount that at any time its outstanding promissory
notes or other evidences of debt (other than long-term subordinated debt) in an aggregate sum do not exceed three times
the aggregate amount of its unimpaired capital, surplus, and
long-term subordinated debt. The director may define qualifying "long-term subordinated debt" for purposes of this section. [2010 c 35 § 3; 2009 c 120 § 5; 2001 c 81 § 4; 1994 c
92 § 162; 1991 c 208 § 5.]
(2010 Ed.)
31.04.075
Effective date—2009 c 120 § 5: "In order to facilitate an orderly transition to licensing and minimize disruption in the mortgage marketplace, section 5 of this act takes effect January 1, 2010." [2009 c 120 § 32.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.055 License—Director’s duties. (1) The director shall issue and deliver a license to the applicant to make
loans in accordance with this chapter at the location specified
in the application if, after investigation, the director finds
that:
(a) The applicant has paid all required fees;
(b) The applicant has submitted a complete application
in compliance with RCW 31.04.045;
(c) Neither the applicant nor its officers or principals
have had a license issued under this section or any other section, in this state or another state, revoked or suspended
within the last five years of the date of filing of the application;
(d) Neither the applicant nor any of its officers or principals have been convicted of a gross misdemeanor involving
dishonesty or financial misconduct or a felony or a violation
of the banking laws of this state or of the United States within
seven years of the filing of an application;
(e) The financial responsibility, experience, character,
and general fitness of the applicant are such as to command
the confidence of the community and to warrant a belief that
the business will be operated honestly, fairly, and efficiently
within the purposes of this chapter; and
(f) Neither the applicant nor any of its principals have
provided unlicensed residential mortgage loan modification
services in this state in the five years prior to the filing of the
present application.
(2) If the director does not find the conditions of subsection (1) of this section have been met, the director shall not
issue the license. The director shall notify the applicant of the
denial and return to the applicant the bond posted and the sum
paid by the applicant as a license fee, retaining the investigation fee to cover the costs of investigating the application.
The director shall approve or deny every application for
license under this chapter within ninety days from the filing
of a complete application with the fees and the approved
bond. [2010 c 35 § 4; 2001 c 81 § 5; 1994 c 92 § 163; 1991 c
208 § 6.]
31.04.055
31.04.065 License—Information contained—
Requirement to post. The license shall state the address at
which the business is to be conducted and shall state fully the
name of the licensee, and if the licensee is a copartnership or
association, the names of its members, and if a corporation,
the date and place of its incorporation. The licensee shall conspicuously post the license in the place of business of the licensee. The license is not transferable or assignable. [1991 c
208 § 7.]
31.04.065
31.04.075 Licensee—Place of business. The licensee
may not maintain more than one place of business under the
same license, but the director may issue more than one
license to the same licensee upon application by the licensee
in a form and manner established by the director.
31.04.075
[Title 31 RCW—page 5]
31.04.085
Title 31 RCW: Miscellaneous Loan Agencies
Whenever a licensee wishes to change the place of business to a street address other than that designated in the
license, the licensee shall give written notice to the director as
required by rule, pay the license fee, and obtain the director’s
approval. [2001 c 81 § 6; 1994 c 92 § 164; 1991 c 208 § 8.]
31.04.085 Licensee—Assessment—Bond—Time of
payment. (1) A licensee shall, for each license held by any
person, on or before the first day of each March, pay to the
director an annual assessment as determined by rule by the
director. The licensee shall be responsible for payment of the
annual assessment for the previous calendar year if the licensee had a license for any time during the preceding calendar year, regardless of whether they surrendered their license
during the calendar year or whether their license was suspended or revoked. At the same time the licensee shall file
with the director the required bond or otherwise demonstrate
compliance with RCW 31.04.045.
(2) The director may establish a different yearly assessment fee for persons servicing residential mortgage loans.
[2010 c 35 § 5; 2001 c 81 § 7; 1994 c 92 § 165; 1991 c 208 §
9.]
31.04.085
31.04.093 Licensing—Applications—Regulation of
licensees—Director’s duties—Fines—Orders. (1) The
director shall enforce all laws and rules relating to the licensing and regulation of licensees and persons subject to this
chapter.
(2) The director may deny applications for licenses for:
(a) Failure of the applicant to demonstrate within its
application for a license that it meets the requirements for
licensing in RCW 31.04.045 and 31.04.055;
(b) Violation of an order issued by the director under this
chapter or another chapter administered by the director,
including but not limited to cease and desist orders and temporary cease and desist orders;
(c) Revocation or suspension of a license to conduct
lending or residential mortgage loan servicing, or to provide
settlement services associated with lending or residential
mortgage loan servicing, by this state, another state, or by the
federal government within five years of the date of submittal
of a complete application for a license; or
(d) Filing an incomplete application when that incomplete application has been filed with the department for sixty
or more days, provided that the director has given notice to
the licensee that the application is incomplete, informed the
applicant why the application is incomplete, and allowed at
least twenty days for the applicant to complete the application.
(3) The director may suspend or revoke a license issued
under this chapter if the director finds that:
(a) The licensee has failed to pay any fee due the state of
Washington, has failed to maintain in effect the bond or permitted substitute required under this chapter, or has failed to
comply with any specific order or demand of the director
lawfully made and directed to the licensee in accordance with
this chapter;
(b) The licensee, either knowingly or without the exercise of due care, has violated any provision of this chapter or
any rule adopted under this chapter; or
31.04.093
[Title 31 RCW—page 6]
(c) A fact or condition exists that, if it had existed at the
time of the original application for the license, clearly would
have allowed the director to deny the application for the original license. The director may revoke or suspend only the
particular license with respect to which grounds for revocation or suspension may occur or exist unless the director finds
that the grounds for revocation or suspension are of general
application to all offices or to more than one office operated
by the licensee, in which case, the director may revoke or suspend all of the licenses issued to the licensee.
(4) The director may impose fines of up to one hundred
dollars per day upon the licensee, its employee or loan originator, or other person subject to this chapter for:
(a) Any violation of this chapter; or
(b) Failure to comply with any order or subpoena issued
by the director under this chapter.
(5) The director may issue an order directing the licensee, its employee or loan originator, or other person subject
to this chapter to:
(a) Cease and desist from conducting business in a manner that is injurious to the public or violates any provision of
this chapter;
(b) Take such affirmative action as is necessary to comply with this chapter; or
(c) Make restitution to a borrower or other person who is
damaged as a result of a violation of this chapter.
(6) The director may issue an order removing from office
or prohibiting from participation in the affairs of any licensee, or both, any officer, principal, employee or loan originator, or any person subject to this chapter for:
(a) False statements or omission of material information
from an application for a license that, if known, would have
allowed the director to deny the original application for a
license;
(b) Conviction of a gross misdemeanor involving dishonesty or financial misconduct or a felony;
(c) Suspension or revocation of a license to engage in
lending or residential mortgage loan servicing, or perform a
settlement service related to lending or residential mortgage
loan servicing, in this state or another state;
(d) Failure to comply with any order or subpoena issued
under this chapter; or
(e) A violation of RCW 31.04.027.
(7) Whenever the director determines that the public is
likely to be substantially injured by delay in issuing a cease
and desist order, the director may immediately issue a temporary cease and desist order. The order may direct the licensee
to discontinue any violation of this chapter, to take such affirmative action as is necessary to comply with this chapter, and
may include a summary suspension of the licensee’s license
and may order the licensee to immediately cease the conduct
of business under this chapter. The order shall become effective at the time specified in the order. Every temporary cease
and desist order shall include a provision that a hearing will
be held upon request to determine whether the order will
become permanent. Such hearing shall be held within fourteen days of receipt of a request for a hearing unless otherwise specified in chapter 34.05 RCW.
(8) A licensee may surrender a license by delivering to
the director written notice of surrender, but the surrender
does not affect the licensee’s civil or criminal liability, if any,
(2010 Ed.)
Consumer Loan Act
for acts committed before the surrender, including any
administrative action initiated by the director to suspend or
revoke a license, impose fines, compel the payment of restitution to borrowers or other persons, or exercise any other
authority under this chapter.
(9) The revocation, suspension, or surrender of a license
does not impair or affect the obligation of a preexisting lawful contract between the licensee and a borrower.
(10) Every license issued under this chapter remains in
force and effect until it has been surrendered, revoked, or suspended in accordance with this chapter. However, the director may on his or her own initiative reinstate suspended
licenses or issue new licenses to a licensee whose license or
licenses have been revoked if the director finds that the licensee meets all the requirements of this chapter. [2010 c 35
§ 6; 2001 c 81 § 8; 1994 c 92 § 166; 1991 c 208 § 10.]
31.04.102 Loans secured, or not secured, by lien on
real property—Licensee’s obligations—Disclosure of fees
and costs to borrower—Time limits. (1) For all loans made
by a licensee that are not secured by a lien on real property,
the licensee must make disclosures in compliance with the
truth in lending act, 15 U.S.C. Sec. 1601 and regulation Z, 12
C.F.R. Part 226, and all other applicable federal laws and regulations.
(2) For all loans made by a licensee that are secured by a
lien on real property, the licensee shall provide to each borrower within three business days following receipt of a loan
application a written disclosure containing an itemized estimation and explanation of all fees and costs that the borrower
is required to pay in connection with obtaining a loan from
the licensee. A good faith estimate of a fee or cost shall be
provided if the exact amount of the fee or cost is not available
when the disclosure is provided. Disclosure in a form which
complies with the requirements of the truth in lending act, 15
U.S.C. Sec. 1601 and regulation Z, 12 C.F.R. Part 226, the
real estate settlement procedures act and regulation X, 24
C.F.R. Sec. 3500, and all other applicable federal laws and
regulations, as now or hereafter amended, shall be deemed to
constitute compliance with this disclosure requirement. Each
licensee shall comply with all other applicable federal and
state laws and regulations.
(3) In addition, for all loans made by the licensee that are
secured by a lien on real property, the licensee must provide
to the borrower an estimate of the annual percentage rate on
the loan and a disclosure of whether or not the loan contains
a prepayment penalty within three days of receipt of a loan
application. The annual percentage rate must be calculated in
compliance with the truth in lending act, 15 U.S.C. Sec. 1601
and regulation Z, 12 C.F.R. Part 226. If a licensee provides
the borrower with a disclosure in compliance with the
requirements of the truth in lending act within three business
days of receipt of a loan application, then the licensee has
complied with this subsection. If the director determines that
the federal government has required a disclosure that substantially meets the objectives of this subsection, then the
director may make a determination by rule that compliance
with this federal disclosure requirement constitutes compliance with this subsection.
(4) In addition for all consumer loans made by the licensee that are secured by a lien on real property, the licensee
31.04.102
(2010 Ed.)
31.04.115
must provide the borrower with the one-page disclosure summary required in RCW 19.144.020. [2009 c 120 § 6; 2002 c
346 § 1; 2001 c 81 § 9.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.105 Licensee—Powers—Restrictions. Every
licensee may:
(1) Lend money at a rate that does not exceed twentyfive percent per annum as determined by the simple interest
method of calculating interest owed;
(2) In connection with the making of a loan, charge the
borrower a nonrefundable, prepaid, loan origination fee not
to exceed four percent of the first twenty thousand dollars and
two percent thereafter of the principal amount of the loan
advanced to or for the direct benefit of the borrower, which
fee may be included in the principal balance of the loan;
(3) Agree with the borrower for the payment of fees to
third parties other than the licensee who provide goods or services to the licensee in connection with the preparation of the
borrower’s loan, including, but not limited to, credit reporting
agencies, title companies, appraisers, structural and pest
inspectors, and escrow companies, when such fees are actually paid by the licensee to a third party for such services or
purposes and may include such fees in the amount of the loan.
However, no charge may be collected unless a loan is made,
except for reasonable fees properly incurred in connection
with the appraisal of property by a qualified, independent,
professional, third-party appraiser selected by the borrower
and approved by the lender or in the absence of borrower
selection, selected by the lender;
(4) In connection with the making of a loan secured by
real estate, when the borrower actually obtains a loan, agree
with the borrower to pay a fee to a mortgage broker that is not
owned by the licensee or under common ownership with the
licensee and that performed services in connection with the
origination of the loan. A licensee may not receive compensation as a mortgage broker in connection with any loan made
by the licensee;
(5) Charge and collect a penalty of not more than ten percent of any installment payment delinquent ten days or more;
(6) Collect from the debtor reasonable attorneys’ fees,
actual expenses, and costs incurred in connection with the
collection of a delinquent debt, a repossession, or a foreclosure when a debt is referred for collection to an attorney who
is not a salaried employee of the licensee;
(7) Make open-end loans as provided in this chapter;
(8) Charge and collect a fee for dishonored checks in an
amount approved by the director; and
(9) In accordance with Title 48 RCW, sell insurance covering real and personal property, covering the life or disability or both of the borrower, and covering the involuntary
unemployment of the borrower. [2009 c 120 § 7; 2001 c 81 §
10; 1998 c 28 § 1; 1994 c 92 § 167; 1993 c 190 § 1; 1991 c
208 § 11.]
31.04.105
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.115 Open-end loan—Requirements—Restrictions—Options. (1) As used in this section, "open-end loan"
means an agreement between a licensee and a borrower that
31.04.115
[Title 31 RCW—page 7]
31.04.125
Title 31 RCW: Miscellaneous Loan Agencies
expressly states that the loan is made in accordance with this
chapter and that provides that:
(a) A licensee may permit the borrower to obtain
advances of money from the licensee from time to time, or
the licensee may advance money on behalf of the borrower
from time to time as directed by the borrower;
(b) The amount of each advance and permitted charges
and costs are debited to the borrower’s account, and payments and other credits are credited to the same account;
(c) The charges are computed on the unpaid principal
balance, or balances, of the account from time to time; and
(d) The borrower has the privilege of paying the account
in full at any time without prepayment penalty or, if the
account is not in default, in monthly installments of fixed or
determinable amounts as provided in the agreement.
(2)(a) Interest charges on an open-end loan shall not
exceed twenty-five percent per annum computed in each billing cycle by any of the following methods:
(i) By converting the annual rate to a daily rate, and multiplying the daily rate by the daily unpaid principal balance of
the account, in which case each daily rate is determined by
dividing the annual rate by three hundred sixty-five;
(ii) By multiplying a monthly rate by the average daily
unpaid principal balance of the account in the billing cycle, in
which case the monthly rate is one-twelfth of the annual rate,
and the average daily unpaid principal balance is the sum of
the amount unpaid each day during the cycle divided by the
number of days in the cycle; or
(iii) By converting the annual rate to a daily rate, and
multiplying the daily rate by the average daily unpaid principal balance of the account in the billing cycle, in which case
the daily rate is determined by dividing the annual rate by
three hundred sixty-five, and the average daily unpaid principal balance is the sum of the amount unpaid each day during
the cycle divided by the number of days in the cycle.
For all of the methods of computation specified in this
subsection (2)(a), the billing cycle shall be monthly, and the
unpaid principal balance on any day shall be determined by
adding to the balance unpaid, as of the beginning of that day,
all advances and other permissible amounts charged to the
borrower, and deducting all payments and other credits made
or received that day. A billing cycle is considered monthly if
the closing date of the cycle is on the same date each month,
or does not vary by more than four days from that date.
(b) Reverse mortgage loans made in accordance with the
Washington state reverse mortgage act are not subject to the
interest charge computation restrictions or billing cycle
requirements in this section.
(3) In addition to the charges permitted under subsection
(2) of this section, the licensee may contract for and receive
an annual fee, payable each year in advance, for the privilege
of opening and maintaining an open-end loan account.
Except as prohibited or limited by this section, the licensee
may also contract for and receive on an open-end loan any
additional charge permitted by this chapter on other loans,
subject to the conditions and restrictions otherwise pertaining
to those charges.
(4)(a) If credit life or credit disability insurance is provided, the additional charge for credit life insurance or credit
disability insurance shall be calculated in each billing cycle
by applying the current monthly premium rate for the insur[Title 31 RCW—page 8]
ance, at the rate approved by the insurance commissioner to
the entire outstanding balances in the borrower’s open-end
loan account, or so much thereof as the insurance covers
using any of the methods specified in subsection (2)(a) of this
section for the calculation of interest charges; and
(b) The licensee shall not cancel credit life or disability
insurance written in connection with an open-end loan
because of delinquency of the borrower in the making of the
required minimum payments on the loan, unless one or more
of the payments is past due for a period of ninety days or
more; and the licensee shall advance to the insurer the
amounts required to keep the insurance in force during that
period, which amounts may be debited to the borrower’s
account.
(5) A security interest in real or personal property may
be taken to secure an open-end loan. Any such security interest may be retained until the open-end account is terminated.
The security interest shall be promptly released if (a) there
has been no outstanding balance in the account for twelve
months and the borrower either does not have or surrenders
the unilateral right to create a new outstanding balance; or (b)
the account is terminated at the borrower’s request and paid
in full.
(6) The licensee may from time to time increase the rate
of interest being charged on the unpaid principal balance of
the borrower’s open-end loans if the licensee mails or delivers written notice of the change to the borrower at least thirty
days before the effective date of the increase unless the
increase has been earlier agreed to by the borrower. However, the borrower may choose to terminate the open-end
account and the licensee shall allow the borrower to repay the
unpaid balance incurred before the effective date of the rate
increase upon the existing open-end loan account terms and
interest rate unless the borrower incurs additional debt on or
after the effective date of the rate increase or otherwise agrees
to the new rate.
(7) The licensee shall deliver a copy of the open-end loan
agreement to the borrower at the time the open-end account is
created. The agreement must contain the name and address
of the licensee and of the principal borrower, and must contain such specific disclosures as may be required by rule of
the director. In adopting the rules the director shall consider
Regulation Z promulgated by the board of governors of the
federal reserve system under the federal consumer credit protection act.
(8) Except in the case of an account that the licensee
deems to be uncollectible, or with respect to which delinquency collection procedures have been instituted, the licensee shall deliver to the borrower at the end of each billing
cycle in which there is an outstanding balance of more than
one dollar in the account, or with respect to which interest is
imposed, a periodic statement in the form required by the
director. In specifying such form the director shall consider
Regulation Z promulgated by the board of governors of the
federal reserve system under the federal consumer credit protection act. [2009 c 149 § 13; 1994 c 92 § 168; 1993 c 405 §
1; 1991 c 208 § 12.]
31.04.125 Loan restrictions—Interest calculations.
(1) No licensee may make a loan using any method of calculating interest other than the simple interest method; except
31.04.125
(2010 Ed.)
Consumer Loan Act
that the add-on method of calculating interest may be used for
a loan not secured by real property or personal property used
as a residence when the repayment period does not exceed
three years and fifteen days after the loan origination date.
(2) No licensee may make a loan using the add-on
method to calculate interest that does not provide for a refund
to the borrower or a credit to the borrower’s account of any
unearned interest when the loan is repaid before the original
maturity date in full by cash, by a new loan, by refinancing,
or otherwise before the final due date. The refund must be
calculated using the actuarial method, unless a sum equal to
two or more installments has been prepaid and the account is
not in arrears and continues to be paid ahead, in which case
the interest on the account must be recalculated by the simple
interest method with the refund of unearned interest made as
if the loan had been made using the simple interest method.
When computing an actuarial refund, the lender may round
the annual rate used to the nearest quarter of one percent.
In computing a required refund of unearned interest, a
prepayment made on or before the fifteenth day after the
scheduled payment date is deemed to have been made on the
payment date preceding the prepayment. In the case of prepayment before the first installment due date, the company
may retain an amount not to exceed one-thirtieth of the first
month’s interest charge for each day between the origination
date of the loan and the actual date of prepayment.
(3) No licensee may provide credit life or disability
insurance in an amount greater than that required to pay off
the total balance owing on the date of the borrower’s death
net of refunds in the case of credit life insurance, or all minimum payments that become due on the loan during the covered period of disability in the case of credit disability insurance. The lender may not require any such insurance.
(4) Except in the case of loans by mail, where the borrower has sufficient time to review papers before returning
them, no licensee may prepare loan papers in advance of the
loan closing without having reviewed with the borrower the
terms and conditions of the loan to include the type and
amount of insurance, if any, requested by the borrower.
[2007 c 208 § 1; 1995 c 9 § 1; 1991 c 208 § 13.]
31.04.135 Advertisements or promotions. No licensee may advertise, print, display, publish, distribute, or
broadcast or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast, in any manner
whatsoever, any statement or representation with regard to
the rates, terms, or conditions for the lending of money that is
false, misleading, or deceptive. [1991 c 208 § 14.]
31.04.135
31.04.145 Investigations and examinations—Director’s duties and powers—Production of information—
Costs. (1) For the purpose of discovering violations of this
chapter or securing information lawfully required under this
chapter, the director may at any time, either personally or by
designees, investigate or examine the loans and business and,
wherever located, the books, accounts, records, papers, documents, files, and other information used in the business of
every licensee and of every person who is engaged in the
business making or assisting in the making of loans at interest
rates authorized by this chapter, whether the person acts or
31.04.145
(2010 Ed.)
31.04.145
claims to act as principal or agent, or under or without the
authority of this chapter. For these purposes, the director or
designated representatives shall have free access to the
offices and places of business, books, accounts, papers, documents, other information, records, files, safes, and vaults of
all such persons. The director or persons designated by the
director may require the attendance of and examine under
oath all persons whose testimony may be required about the
loans or the business or the subject matter of any investigation, examination, or hearing and may require such person to
produce books, accounts, papers, records, files, and any other
information the director or designated persons deem relevant
to the inquiry. The director may require the production of
original books, accounts, papers, records, files, and other
information; may require that such original books, accounts,
papers, records, files, and other information be copied; or
may make copies himself or herself or by designee of such
original books, accounts, papers, records, files, or other information. If a licensee or person does not attend and testify, or
does not produce the requested books, accounts, papers,
records, files, or other information, then the director or designated persons may issue a subpoena or subpoena duces tecum
requiring attendance or compelling production of the books,
accounts, papers, records, files, or other information.
(2) The director shall make such periodic examinations
of the affairs, business, office, and records of each licensee as
determined by rule.
(3) Every licensee examined or investigated by the director or the director’s designee shall pay to the director the cost
of the examination or investigation of each licensed place of
business as determined by rule by the director.
(4) In order to carry out the purposes of this section, the
director may:
(a) Retain attorneys, accountants, or other professionals
and specialists as examiners, auditors, or investigators to conduct or assist in the conduct of examinations or investigations;
(b) Enter into agreements or relationships with other
government officials or regulatory associations in order to
improve efficiencies and reduce regulatory burden by sharing
resources, standardized or uniform methods or procedures,
and documents, records, information, or evidence obtained
under this section;
(c) Use, hire, contract, or employ public or privately
available analytical systems, methods, or software to examine or investigate the licensee, individual, or person subject to
chapter 120, Laws of 2009;
(d) Accept and rely on examination or investigation
reports made by other government officials, within or without
this state;
(e) Accept audit reports made by an independent certified public accountant for the licensee, individual, or person
subject to chapter 120, Laws of 2009 in the course of that part
of the examination covering the same general subject matter
as the audit and may incorporate the audit report in the report
of the examination, report of investigation, or other writing of
the director; or
(f) Assess the licensee, individual, or person subject to
chapter 120, Laws of 2009 the cost of the services in (a) of
this subsection. [2009 c 120 § 8; 2001 c 81 § 11; 1995 c 9 §
2; 1994 c 92 § 169; 1991 c 208 § 15.]
[Title 31 RCW—page 9]
31.04.155
Title 31 RCW: Miscellaneous Loan Agencies
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.155 Licensee—Recordkeeping—Director’s
access—Report requirement—Failure to report. The licensee shall keep and use in the business such books,
accounts, records, papers, documents, files, and other information as will enable the director to determine whether the
licensee is complying with this chapter and with the rules
adopted by the director under this chapter. The director shall
have free access to such books, accounts, records, papers,
documents, files, and other information wherever located.
Every licensee shall preserve the books, accounts, records,
papers, documents, files, and other information relevant to a
loan for at least twenty-five months after making the final
entry on any loan. No licensee or person subject to examination or investigation under this chapter shall withhold,
abstract, remove, mutilate, destroy, or secrete any books,
accounts, records, papers, documents, files, or other information.
Each licensee shall, on or before the first day of March of
each year, file a report with the director giving such relevant
information as the director may reasonably require concerning the business and operations of each licensed place of
business conducted during the preceding calendar year. The
report must be made under oath and must be in the form prescribed by the director, who shall make and publish annually
an analysis and recapitulation of the reports. Every licensee
that fails to file a report that is required to be filed by this
chapter within the time required under this chapter is subject
to a penalty of fifty dollars per day for each day’s delay. The
attorney general may bring a civil action in the name of the
state for recovery of any such penalty. [2001 c 81 § 12; 1994
c 92 § 170; 1991 c 208 § 16.]
31.04.155
bond in any court proceedings. [2010 c 35 § 7; 2009 c 120 §
30; 2001 c 81 § 13; 1994 c 92 § 171; 1991 c 208 § 17.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.168 Director—Powers under chapter 19.144
RCW. The director or the director’s designee may take such
action as provided for in this chapter to enforce, investigate,
or examine persons covered by chapter 19.144 RCW. [2008
c 108 § 16.]
31.04.168
Findings—2008 c 108: See RCW 19.144.005.
31.04.175 Violations—No penalty prescribed—
Gross misdemeanor—Good faith exception. (1) A person
who violates, or knowingly aids or abets in the violation of
any provision of this chapter, for which no penalty has been
prescribed, and a person who fails to perform any act that it is
his or her duty to perform under this chapter and for which
failure no penalty has been prescribed, is guilty of a gross
misdemeanor.
(2) No provision imposing civil penalties or criminal liability under this chapter or rule adopted under this chapter
applies to an act taken or omission made in good faith in conformity with a written notice, interpretation, or examination
report of the director or his or her agent. [2001 c 81 § 14;
1994 c 92 § 172; 1991 c 208 § 18.]
31.04.175
31.04.185 Repealed sections of law—Rules adopted
under. All rules adopted under or to implement the provisions of law repealed by sections 23 and 24, chapter 208,
Laws of 1991 remain in effect until amended or repealed by
the director. [1994 c 92 § 173; 1991 c 208 § 19.]
31.04.185
31.04.202 Application of administrative procedure
act. The proceedings for denying license applications, issuing cease and desist orders, suspending or revoking licenses,
and imposing civil penalties or other remedies under this
chapter, and any review or appeal of such action, shall be
governed by the provisions of the administrative procedure
act, chapter 34.05 RCW. [2001 c 81 § 15.]
31.04.202
31.04.165 Director—Broad administrative discretion—Rule making—Actions in superior court. (1) The
director has the power, and broad administrative discretion,
to administer and interpret this chapter to facilitate the delivery of financial services to the citizens of this state by consumer loan companies, residential mortgage loan servicers,
and mortgage loan originators subject to this chapter. The
director shall adopt all rules necessary to administer this
chapter and to ensure complete and full disclosure by licensees of lending transactions governed by this chapter.
(2) If it appears to the director that a licensee is conducting business in an injurious manner or is violating any provision of this chapter, the director may order or direct the discontinuance of any such injurious or illegal practice.
(3) For purposes of this section, "conducting business in
an injurious manner" means conducting business in a manner
that violates any provision of this chapter, or that creates the
reasonable likelihood of a violation of any provision of this
chapter.
(4) The director or designated persons, with or without
prior administrative action, may bring an action in superior
court to enjoin the acts or practices that constitute violations
of this chapter and to enforce compliance with this chapter or
any rule or order made under this chapter. Upon proper
showing, injunctive relief or a temporary restraining order
shall be granted. The director shall not be required to post a
31.04.165
[Title 31 RCW—page 10]
31.04.205 Enforcement of chapter—Director’s discretion—Hearing—Sanctions. The director or designated
persons may, at his or her discretion, take such action as provided for in this chapter to enforce this chapter. If the person
subject to such action does not appear in person or by counsel
at the time and place designated for any administrative hearing that may be held on the action, then the person shall be
deemed to consent to the action. If the person subject to the
action consents, or if after hearing the director finds by a preponderance of the evidence that any grounds for sanctions
under this chapter exist, then the director may impose any
sanction authorized by this chapter. [2001 c 81 § 16.]
31.04.205
31.04.208 Application of consumer protection act.
The legislature finds that the practices governed by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86
RCW. Any violation of this chapter is not reasonable in relation to the development and preservation of business and is
31.04.208
(2010 Ed.)
Consumer Loan Act
an unfair and deceptive act or practice and unfair method of
competition in the conduct of trade or commerce in violation
of RCW 19.86.020. Remedies provided by chapter 19.86
RCW are cumulative and not exclusive. [2001 c 81 § 17.]
31.04.211 Application of chapter—2009 c 120. The
authority of this chapter remains in effect, whether such a licensee, individual, or person subject to chapter 120, Laws of
2009 acts or claims to act under any licensing or registration
law of this state, or claims to act without such an authority.
[2009 c 120 § 9.]
31.04.211
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.221 Mortgage loan originator—License
required—Unique identifier required. An individual
defined as a mortgage loan originator shall not engage in the
business of a mortgage loan originator without first obtaining
and maintaining annually a license under chapter 120, Laws
of 2009. Each licensed mortgage loan originator must register with and maintain a valid unique identifier issued by the
nationwide mortgage licensing system and registry. [2009 c
120 § 10.]
31.04.221
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.224 Mortgage loan originators—Licensing
exemptions. The following are exempt from licensing as
mortgage loan originators under this chapter:
(1) Registered mortgage loan originators, or any individual required to be registered;
(2) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary
matter to the attorney’s representation of the client, unless the
attorney is compensated by a lender, a mortgage broker, or
other mortgage loan originator or by any agent of a lender,
mortgage broker, or other mortgage loan originator; or
(3) Any individual who offers or negotiates terms of a
residential mortgage loan with or on behalf of an immediate
family member. [2009 c 120 § 11.]
31.04.224
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.227 Mortgage loan origination—Independent
contractors. An independent contractor may not engage in
residential mortgage loan origination activities as a loan processor unless the independent contractor obtains and maintains a license under this chapter. Each independent contractor loan processor licensed as a mortgage loan originator
must have and maintain a valid unique identifier issued by the
nationwide mortgage licensing system and registry. [2009 c
120 § 12.]
31.04.227
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.231 Individual loan processor—Licensing
exemptions. An individual engaging solely in loan processor
activities, who does not represent to the public, through
advertising or other means of communicating or providing
information including the use of business cards, stationery,
brochures, signs, rate lists, or other promotional items, that
31.04.231
(2010 Ed.)
31.04.241
such an individual can or will perform any of the activities of
a mortgage loan originator is not required to obtain and maintain a mortgage loan originator license under this chapter.
[2009 c 120 § 13.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.234 Mortgage loan originator license—Application form and content. Applicants for a mortgage loan
originator license shall apply on a form as prescribed by the
director. Each form must contain content as set forth by rule,
regulation, instruction, or procedure of the director and may
be changed or updated as necessary by the director in order to
carry out the purposes of this chapter, but must not be inconsistent with that required by the nationwide mortgage licensing system and registry. [2009 c 120 § 14.]
31.04.234
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.237 Use of nationwide mortgage licensing system and registry. In order to fulfill the purposes of chapter
120, Laws of 2009, the director is authorized to establish relationships or contracts with the nationwide mortgage licensing
system and registry or other entities designated by the nationwide mortgage licensing system and registry to collect and
maintain records and process transaction fees or other fees
related to licensees or other persons subject to this chapter.
[2009 c 120 § 15.]
31.04.237
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.241 Mortgage loan originator application—
Required submission and use of personal information.
(1) As part of or in connection with an application for any
license under this section, or periodically upon license
renewal, the mortgage loan originator applicant shall furnish
information concerning his or her identity, including fingerprints for submission to the Washington state patrol, the federal bureau of investigation, the nationwide mortgage licensing system and registry, or any governmental agency or entity
authorized to receive this information for a state and national
criminal history background check; personal history; experience; business record; purposes; and other pertinent facts, as
the director may reasonably require. As part of or in connection with an application for a license under this chapter, or
periodically upon license renewal, the director is authorized
to receive criminal history record information that includes
nonconviction data as defined in RCW 10.97.030. The
department may only disseminate nonconviction data
obtained under this section to criminal justice agencies. This
section does not apply to financial institutions regulated
under chapters 31.12 and 31.13 RCW and Titles 30, 32, and
33 RCW.
(2) As part of or in connection with an application for
any license under this section, the mortgage loan originator
applicant shall furnish information pertaining to personal history and experience in a form prescribed by the nationwide
mortgage licensing system and registry, including (a) the submission of authorization for the nationwide mortgage licensing system and registry and the director to obtain an independent credit report obtained from a consumer reporting agency
31.04.241
[Title 31 RCW—page 11]
31.04.244
Title 31 RCW: Miscellaneous Loan Agencies
described in section 603(p) of the federal fair credit reporting
act, and (b) information related to any administrative, civil, or
criminal findings by any governmental jurisdiction.
(3) In order to reduce the points of contact which the federal bureau of investigation may have to maintain, the director may use the nationwide mortgage licensing system and
registry as a channeling agent for requesting information
from and distributing information to the department of justice
or any governmental agency.
(4) In order to reduce the points of contact which the
director may have to maintain, the director may use the
nationwide mortgage licensing system and registry as a channeling agent for requesting and distributing information to
and from any source so directed by the director. [2009 c 120
§ 16.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.244 Mortgage loan originator application—
Required information—Fees. (1) The application for a
mortgage loan originator license must contain at least the following information:
(a) The name, address, date of birth, and social security
number of the mortgage loan originator applicant, and any
other names, dates of birth, or social security numbers previously used by the mortgage loan originator applicant, unless
waived by the director; and
(b) Other information regarding the mortgage loan originator applicant’s background, experience, character, and
general fitness as the director may require by rule, or as
deemed necessary by the nationwide mortgage licensing system and registry.
(2) At the time of filing an application for a license or a
license renewal under this chapter, each mortgage loan originator applicant shall pay to the director through the nationwide mortgage licensing system and registry the application
or renewal fee of up to one hundred fifty dollars. The director
shall deposit the moneys in the financial services regulation
fund. [2009 c 120 § 17.]
31.04.244
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.247 Issuance of mortgage loan originator
license—Necessary findings. (1) The director shall issue
and deliver a mortgage loan originator license if, after investigation, the director makes at a minimum the following findings:
(a) The applicant has paid the required license fees;
(b) The applicant has met the requirements of this chapter;
(c) The applicant has never had a mortgage loan originator license revoked in any governmental jurisdiction, except
that, for the purposes of this subsection, a subsequent formal
vacation of such revocation is not a revocation;
(d) The applicant has not been convicted of, or pled
guilty or nolo contendere to, a felony in a domestic, foreign,
or military court (i) during the seven-year period preceding
the date of the application for licensing and registration; or
(ii) at any time preceding the date of application, if the felony
involved an act of fraud, dishonesty, breach of trust, or
money laundering;
31.04.247
[Title 31 RCW—page 12]
(e) The applicant has demonstrated financial responsibility, character, and general fitness such as to command the
confidence of the community and to warrant a determination
that the mortgage loan originator will operate honestly, fairly,
and efficiently within the purposes of chapter 120, Laws of
2009. For the purposes of this section, an applicant has not
demonstrated financial responsibility when the applicant
shows disregard in the management of his or her financial
condition. A determination that an individual has shown disregard in the management of his or her financial condition
may include, but is not limited to, an assessment of: Current
outstanding judgments, except judgments solely as a result of
medical expenses; current outstanding tax liens or other government liens and filings; foreclosures within the last three
years; or a pattern of seriously delinquent accounts within the
past three years;
(f) The applicant has completed the prelicensing education requirement as required by this chapter;
(g) The applicant has passed a written test that meets the
test requirement as required by this chapter;
(h) The consumer loan licensee that the applicant works
for has met the surety bond requirement as required by this
chapter;
(i) The applicant has not been found to be in violation of
this chapter or rules adopted under this chapter;
(j) The mortgage loan originator licensee has completed,
during the calendar year preceding a licensee’s annual license
renewal date, continuing education as required by this chapter.
(2) If the director finds the conditions of this section
have not been met, the director shall not issue the mortgage
loan originator license. The director shall notify the applicant
of the denial and return to the mortgage loan originator applicant any remaining portion of the license fee that exceeds the
department’s actual cost to investigate the license. [2009 c
120 § 18.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.251 Mortgage loan originator license—
Renewal—Surrender—Rules. (1) A mortgage loan originator license issued under this section expires annually. The
director shall establish rules regarding the mortgage loan
originator license renewal process created under this chapter.
At a minimum a mortgage loan originator may not renew a
license under this chapter unless the mortgage loan originator
continues to meet the minimum standards for a license, and
has satisfied the annual continuing education requirements.
(2) A mortgage loan originator licensee may surrender a
license by delivering to the director through the nationwide
mortgage licensing system and registry written notice of surrender, but the surrender does not affect the mortgage loan
originator licensee’s civil or criminal liability or any administrative actions arising from acts or omissions occurring
before such a surrender. [2009 c 120 § 19.]
31.04.251
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.254 Mortgage loan originator licensing process—Rules—Interim procedures. For the purposes of
implementing an orderly and efficient mortgage loan origina31.04.254
(2010 Ed.)
Consumer Loan Act
31.04.267
31.04.257 Mortgage loan originator interim license.
To prevent undue delay in the issuance of a mortgage loan
originator license and to facilitate the business of a mortgage
loan originator, an interim license with a fixed date of expiration may be issued when the director determines that the
mortgage loan originator has substantially fulfilled the
requirements for mortgage loan originator licensing. The
director may adopt rules describing the information required
before an interim license can be granted. [2009 c 120 § 21.]
(a) An individual may retake a test three consecutive
times with each consecutive taking occurring at least thirty
days after the preceding test.
(b) After failing three consecutive tests, an individual
must wait at least six months before taking the test again.
(c) A licensed mortgage loan originator who fails to
maintain a valid license for a period of five years or longer
must retake the test, not taking into account any time during
which that individual is a registered mortgage loan originator.
(3) This section does not prohibit a test provider
approved by the nationwide mortgage licensing system and
registry from providing a test at the location of the employer
of the mortgage loan originator applicant or any subsidiary or
affiliate of the employer of the applicant, or any entity with
which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator. [2009 c 120
§ 23.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
tor licensing process, the director may establish licensing
rules and interim procedures for licensing and acceptance of
applications. For previously registered or licensed individuals the director may establish expedited review and licensing
procedures. [2009 c 120 § 20.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.257
31.04.267 Mortgage loan originator—Continuing
education requirements. (1) A licensed mortgage loan originator must complete a minimum of eight hours of continuing
education approved by the nationwide mortgage licensing
system and registry which must include at least three hours of
federal law and regulations; two hours of ethics, which must
include instruction on fraud, consumer protection, and fair
lending issues; and two hours of training related to lending
standards for the nontraditional mortgage product marketplace. Additionally, the director may require at least one
hour of continuing education on Washington law provided by
and administered through an approved provider.
(2) The nationwide mortgage licensing system and registry must review and approve continuing education courses.
Review and approval of a continuing education course must
include review and approval of the course provider.
(3) A licensed mortgage loan originator may only
receive credit for a continuing education course in the year in
which the course is taken, and may not take the same
approved course in the same or successive years to meet the
annual requirements for continuing education.
(4) A licensed mortgage loan originator who is an
instructor of an approved continuing education course may
receive credit for the licensed mortgage loan originator’s own
annual continuing education requirement at the rate of two
hours credit for every one hour taught.
(5) A person having successfully completed the education requirements approved by the nationwide mortgage
licensing system and registry for any state must have their
credits accepted as credit towards completion of continuing
education requirements in this state.
(6) This section does not preclude any education course,
as approved by the nationwide mortgage licensing system
and registry, that is provided by the employer of the mortgage
loan originator or an entity which is affiliated with the mortgage loan originator by an agency contract, or any subsidiary
or affiliate of such employer or entity. Continuing education
may be offered either in a classroom, online, or by any other
means approved by the nationwide mortgage licensing system and registry. [2009 c 120 § 24.]
31.04.267
31.04.261
31.04.261 Mortgage loan originator—Education
requirements. (1) Each mortgage loan originator applicant
shall complete at least twenty hours of prelicensing education
approved by the nationwide mortgage licensing system and
registry. The prelicensing education shall include at least
three hours of federal law and regulations; three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; two hours of training related
to lending standards for the nontraditional mortgage product
marketplace; and at least two hours of training specifically
related to Washington law.
(2) A mortgage loan originator applicant having successfully completed the prelicensing education requirements
approved by the nationwide mortgage licensing system and
registry for any state shall be accepted as credit towards completion of prelicensing education requirements in this state.
(3) This chapter does not preclude any prelicensing education course, as approved by the nationwide mortgage
licensing system and registry, that is provided by the
employer of the mortgage loan originator applicant or an
entity which is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such an employer or
entity. Prelicensing education may be offered either in a
classroom, online, or by any other means approved by the
nationwide mortgage licensing system and registry. [2009 c
120 § 22.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.264
31.04.264 Mortgage loan originator—Testing
requirements. (1) To obtain a mortgage loan originator
license, an individual must pass a test developed by the
nationwide mortgage licensing system and registry and
administered by a test provider approved by the nationwide
mortgage licensing system and registry based upon reasonable standards.
(2) An individual is not considered to have passed a test
unless the individual achieves a test score of not less than
seventy-five percent correct answers to questions.
(2010 Ed.)
[Title 31 RCW—page 13]
31.04.271
Title 31 RCW: Miscellaneous Loan Agencies
31.04.271 Mortgage loan originators—System information may be challenged. The director shall establish a
process whereby mortgage loan originators may challenge
information entered into the nationwide mortgage licensing
system and registry by the director. [2009 c 120 § 25.]
31.04.277 Consumer loan companies—When reports
of condition are required. Each consumer loan company
licensee who makes, services, or brokers a loan secured by
real property shall submit to the nationwide mortgage licensing system and registry reports of condition, which must be in
the form and must contain the information as the nationwide
mortgage licensing system and registry may require. [2010 c
35 § 8; 2009 c 120 § 27.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.274 Information provided to nationwide mortgage licensing system and registry—Confidentiality—
Restrictions on sharing. (1) Except as otherwise provided
in section 1512 of the S.A.F.E. act, the requirements under
any federal law or chapter 42.56 RCW regarding the privacy
or confidentiality of any information or material provided to
the nationwide mortgage licensing system and registry, and
any privilege arising under federal or state law, including the
rules of any federal or state court, with respect to that information or material, continues to apply to the information or
material after the information or material has been disclosed
to the nationwide mortgage licensing system and registry.
Information and material may be shared with all state and
federal regulatory officials with mortgage industry oversight
authority without the loss of privilege or the loss of confidentiality protections provided by federal law or state law.
(2) For the purposes under subsection (1) of this section,
the director is authorized to enter agreements or sharing
arrangements with other governmental agencies, the conference of state bank supervisors, the American association of
residential mortgage regulators, or other associations representing governmental agencies as established by rule, regulation, or order of the director.
(3) Information or material that is subject to a privilege
or confidentiality under subsection (1) of this section is not
subject to:
(a) Disclosure under any federal or state law governing
the disclosure to the public of information held by an officer
or an agency of the federal government or the respective
state; or
(b) Subpoena or discovery, or admission into evidence,
in any private civil action or administrative process unless,
with respect to any privilege held by the nationwide mortgage licensing system and registry with respect to that information or material, the person to whom the information or
material pertains waives, in whole or in part, in the discretion
of that person, that privilege.
(4) Chapter 42.56 RCW relating to the disclosure of confidential supervisory information or any information or material described in subsection (1) of this section that is inconsistent with subsection (1) of this section is superseded by the
requirements of this section.
(5) This section does not apply to the information or
material relating to the employment history of, and publicly
adjudicated disciplinary and enforcement actions against,
mortgage loan originators that is included in the nationwide
mortgage licensing system and registry for access by the public. [2009 c 120 § 26.]
31.04.281 Reports of violation—2009 c 120. The
director is authorized to regularly report violations of chapter
120, Laws of 2009, as well as enforcement actions and other
relevant information, to the nationwide mortgage licensing
system and registry. [2009 c 120 § 28.]
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.271
31.04.274
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
[Title 31 RCW—page 14]
31.04.277
31.04.281
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.284 Mortgage loan originator—Unique identifier—Display. The unique identifier of any mortgage loan
originator must be clearly shown on all residential mortgage
loan application forms, solicitations, or advertisements,
including business cards or web sites, and any other documents as established by rule, regulation, or order of the director. This section does not apply to consumer loan company
licensees. [2009 c 120 § 29.]
31.04.284
Findings—Declaration—2009 c 120: See note following RCW
31.04.015.
31.04.290 Residential mortgage loan servicer—
Requirements—Written detailed information. (1) A residential mortgage loan servicer must comply with the following requirements:
(a) The requirements of chapter 19.148 RCW;
(b) Any fee that is assessed by a servicer must be
assessed within forty-five days of the date on which the fee
was incurred and must be explained clearly and conspicuously in a statement mailed to the borrower at the borrower’s
last known address no more than thirty days after assessing
the fee;
(c) All amounts received by a servicer on a residential
mortgage loan at the address where the borrower has been
instructed to make payments must be accepted and credited,
or treated as credited, within one business day of the date
received, provided that the borrower has provided sufficient
information to credit the account. If a servicer uses the
scheduled method of accounting, any regularly scheduled
payment made prior to the scheduled due date must be credited no later than the due date. If any payment is received and
not credited, or treated as credited, the borrower must be notified of the disposition of the payment within ten business
days by mail at the borrower’s last known address. The notification must identify the reason the payment was not credited or treated as credited to the account, as well as any
actions the borrower must take to make the residential mortgage loan current;
(d) Any servicer that exercises the authority to collect
escrow amounts on a residential mortgage loan held for the
borrower for payment of insurance, taxes, and other charges
with respect to the property shall collect and make all such
31.04.290
(2010 Ed.)
Consumer Loan Act
payments from the escrow account and ensure that no late
penalties are assessed or other negative consequences result
for the borrower;
(e) The servicer shall make reasonable attempts to comply with a borrower’s request for information about the residential mortgage loan account and to respond to any dispute
initiated by the borrower about the loan account. The servicer:
(i) Must maintain written or electronic records of each
written request for information regarding a dispute or error
involving the borrower’s account until the residential mortgage loan is paid in full, sold, or otherwise satisfied;
(ii) Must provide a written statement to the borrower
within fifteen business days of receipt of a written request
from the borrower. The borrower’s request must include the
name and account number, if any, of the borrower, a statement that the account is or may be in error, and sufficient
detail regarding the information sought by the borrower to
permit the servicer to comply. At a minimum, the servicer’s
response to the borrower’s request must include the following information:
(A) Whether the account is current or, if the account is
not current, an explanation of the default and the date the
account went into default;
(B) The current balance due on the residential mortgage
loan, including the principal due, the amount of funds, if any,
held in a suspense account, the amount of the escrow balance
known to the servicer, if any, and whether there are any
escrow deficiencies or shortages known to the servicer;
(C) The identity, address, and other relevant information
about the current holder, owner, or assignee of the residential
mortgage loan; and
(D) The telephone number and mailing address of a servicer representative with the information and authority to
answer questions and resolve disputes; and
(iii) May charge a fee for preparing and furnishing the
statement in (e)(ii) of this subsection not exceeding thirty
dollars per statement; and
(f) Promptly correct any errors and refund any fees
assessed to the borrower resulting from the servicer’s error.
(2) In addition to the statement in subsection (1)(e)(ii) of
this section, a borrower may request more detailed information from a servicer, and the servicer must provide the information within fifteen business days of receipt of a written
request from the borrower. The request must include the
name and account number, if any, of the borrower, a statement that the account is or may be in error, and provide sufficient detail to the servicer regarding information sought by
the borrower. If requested by the borrower this statement
must include:
(a) A copy of the original note, or if unavailable, an affidavit of lost note; and
(b) A statement that identifies and itemizes all fees and
charges assessed under the loan transaction and provides a
full payment history identifying in a clear and conspicuous
manner all of the debits, credits, application of and disbursement of all payments received from or for the benefit of the
borrower, and other activity on the residential mortgage loan
including escrow account activity and suspense account
activity, if any. The period of the account history shall cover
at a minimum the two-year period prior to the date of the
(2010 Ed.)
31.04.297
receipt of the request for information. If the servicer has not
serviced the residential mortgage loan for the entire two-year
time period the servicer shall provide the information going
back to the date on which the servicer began servicing the
home loan, and identify the previous servicer, if known. If
the servicer claims that any delinquent or outstanding sums
are owed on the home loan prior to the two-year period or the
period during which the servicer has serviced the residential
mortgage loan, the servicer shall provide an account history
beginning with the month that the servicer claims any outstanding sums are owed on the residential mortgage loan up
to the date of the request for the information. The borrower
may request annually one statement free of charge. [2010 c
35 § 9.]
31.04.293 Residential mortgage loan modification
services—Written fee agreement—Limitation on fees—
Rules. (1) In addition to any other requirements under federal or state law, an advance fee may not be collected for residential mortgage loan modification services unless a written
disclosure summary of all material terms, in the format
adopted by the department under subsection (2) of this section, has been provided to the borrower.
(2) The department shall adopt by rule a model written
fee agreement, and any other rules necessary to implement
this section. This may include, but is not limited to, usual and
customary fees for residential mortgage loan modification
services. [2010 c 35 § 10.]
31.04.293
31.04.297 Third-party residential mortgage loan
modification services providers—Duties—Restrictions.
(1) In addition to complying with all requirements for loan
originators under this chapter, third-party residential mortgage loan modification services providers must:
(a) Provide a written fee disclosure summary as
described in RCW 31.04.293 before accepting any advance
fee;
(b) Not receive an advance fee greater than seven hundred fifty dollars;
(c) Not charge total fees in excess of usual and customary charges, or total fees that are not reasonable in light of the
service provided; and
(d) Immediately inform the borrower in writing if the
owner of the loan requires additional information from the
borrower, or if it becomes apparent that a residential mortgage loan modification is not possible.
(2) As a condition for providing a loan modification or
loan modification services, third-party residential mortgage
loan modification services providers and individuals servicing a residential mortgage loan must not require or encourage
a borrower to:
(a) Sign a waiver of his or her legal defenses, counterclaims, and other legal rights against the servicer for future
acts;
(b) Sign a waiver of his or her right to contest a future
foreclosure;
(c) Waive his or her right to receive notice before the
owner or servicer of the loan initiates foreclosure proceedings;
31.04.297
[Title 31 RCW—page 15]
31.04.500
Title 31 RCW: Miscellaneous Loan Agencies
(d) Agree to pay charges not enumerated in any agreement between the borrower and the lender, servicer, or owner
of the loan; or
(e) Cease communication with the lender, investor, or
loan servicer.
(3) Failure to comply with subsection (1) of this section
is a violation of RCW 19.144.080. [2010 c 35 § 11.]
REVERSE MORTGAGE LENDING
31.04.500 Short title. RCW 31.04.501 through
31.04.540 may be known and cited as the Washington state
reverse mortgage act. [2009 c 149 § 10.]
31.04.500
31.04.501 Implementation. The director of the department of financial institutions may take the necessary steps to
ensure that chapter 149, Laws of 2009 is implemented on its
effective date. [2009 c 149 § 9.]
31.04.501
31.04.505 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "FHA-approved reverse mortgage" means a "home
equity conversion mortgage" or other reverse mortgage product guaranteed or insured by the federal department of housing and urban development.
(2) "Owner-occupied residence" is the borrower’s residence and includes a life estate property the legal title for
which is held in the name of the borrower in a reverse mortgage transaction or in the name of a trust, provided the occupant of the property is the beneficiary of that trust.
(3) "Proprietary reverse mortgage loan" is any reverse
mortgage loan product that is not a home equity conversion
mortgage loan or other federally guaranteed or insured loan.
(4) "Reverse mortgage broker or lender" means a licensee under the Washington state consumer loan act, chapter
31.04 RCW, or a person exempt from licensing pursuant to
federal law.
(5) "Reverse mortgage loan" means a nonrecourse consumer credit obligation in which:
(a) A mortgage, deed of trust, or equivalent consensual
security interest securing one or more advances is created in
the borrower’s dwelling;
(b) Any principal, interest, or shared appreciation or
equity is due and payable, other than in the case of default,
only after:
(i) The consumer dies;
(ii) The dwelling is transferred; or
(iii) The consumer ceases to occupy the dwelling as a
dwelling; and
(c) The broker or lender is licensed under Washington
state law or exempt from licensing under federal law. [2009
c 149 § 1.]
31.04.505
31.04.510 Requirements of licensee—Minimum capital—Exceptions. (1) For purposes of RCW 31.04.501
through 31.04.540, in addition to any other requirements, licensees must comply with the following requirements before
offering proprietary reverse mortgage loans:
31.04.510
[Title 31 RCW—page 16]
(a) Maintain an irrevocable standby letter of credit
approved by the director from a financial institution approved
by the director in favor of the licensee in an amount necessary
to fund all reverse mortgage loan requirements anticipated
over the next twelve months for loans then on the licensee’s
books and those expected to be made over the next twelve
months or three million dollars, whichever is greater. The
initial term of the letter of credit must be at least two years.
(b) The financial institution that provides the letter of
credit as required in (a) of this subsection may not be affiliated with the licensee.
(c) A licensee with a rating of either 4A1 or 5A1 from
Dun & Bradstreet credit services for three consecutive years
is exempt from the requirements set forth in (a) of this subsection.
(2) The licensee shall maintain a minimum capital of ten
million dollars.
(3) A licensee may rely on the capital of its parent to satisfy the requirement of subsection (2) of this section. However, for any year in which a licensee seeks to so rely, it shall
provide to the director a certified financial statement of the
parent showing a net worth of at least one hundred million
dollars as of the close of its most recent fiscal year and a binding written commitment from the parent to the licensee to
make a minimum of ten million dollars available to the licensee as a capital contribution in connection with its reverse
mortgage lending program.
(4) Subsections (2) and (3) of this section do not apply to
a licensee that:
(a) Only originates proprietary reverse mortgage loans
the proceeds of which are fully disbursed at the loan closing;
or
(b) Only originates proprietary reverse mortgage loans
that are sold into the secondary market to an investor with
either a 4A1 or 5A1 rating from Dun & Bradstreet credit services. A licensee that makes such a sale shall obtain a written
commitment to purchase the loans from the investor prior to
closing and shall arrange for the delivery of the loans to the
investor within ten days of the loan closing. [2009 c 149 § 2.]
31.04.515 Loan requirements—Compliance—Rules.
The department of financial institutions has specific authority
to develop rules regarding the interpretation and implementation of this section. A proprietary reverse mortgage loan
must comply with all of the following requirements:
(1) For the purposes of this section prepayment, in whole
or in part, or the refinancing of a reverse mortgage loan, is
permitted without penalty at any time during the term of the
reverse mortgage loan. For the purposes of this section, penalty does not include any fees, payments, or other charges,
not including interest, that would have otherwise been due
upon the reverse mortgage being due and payable. However,
when a reverse mortgage lender has paid or waived all of the
usual fees or costs associated with a reverse mortgage loan, a
prepayment penalty may be imposed, provided the penalty
does not exceed the total amount of the usual fees or costs
that were initially absorbed or waived by the reverse mortgage lender. A mortgagee may not impose a prepayment
penalty under this subsection if the prepayment is caused by
the occurrence of the death of the borrowers. A borrower
31.04.515
(2010 Ed.)
Consumer Loan Act
must be provided prior written notice of any permissible prepayment penalty under this section;
(2) A reverse mortgage loan may provide for a fixed or
adjustable interest rate or combination thereof, including
compound interest, and may also provide for interest that is
contingent on the value of the property upon execution of the
loan or at maturity, or on changes in value between closing
and maturity;
(3) The lender shall pay a late charge to the borrower for
any late advance. If the lender does not mail or electronically
transfer a scheduled monthly advance to the borrower on the
first business day of the month, or within five business days
of the date the lender receives the request, or such other regularly scheduled contractual date, the late charge is ten percent of the entire amount that should have been paid to the
borrower for that month or as a result of that request. For
each additional day that the lender fails to make the advance,
the lender shall pay interest on the late advance at the interest
rate stated in the loan documents. If the loan documents provide for an adjustable interest rate, the rate in effect when the
late charge first accrues is used. Any late charge is paid from
the lender’s funds and may not be added to the unpaid principal balance. Additionally, the lender forfeits the right to
interest and a monthly servicing fee for any months in which
the advance has not been timely made. This section does not
affect the department of financial institution’s ability to
impose other sanctions to protect consumers of reverse mortgage loans;
(4) The reverse mortgage loan may become due and payable upon the occurrence of any one of the following events:
(a) The home securing the loan is sold or title to the
home is otherwise transferred;
(b) All borrowers cease occupying the home as a principal residence, except as provided in subsection (5) of this section; or
(c) A defaulting event occurs which is specified in the
loan documents;
(5) Repayment of the reverse mortgage loan is subject to
the following additional conditions:
(a) Temporary absences from the home not exceeding
one hundred eighty consecutive days do not cause the mortgage to become due and payable;
(b) Extended absences from the home exceeding one
hundred eighty consecutive days, but less than one year, do
not cause the mortgage to become due and payable if the borrower has taken prior action that secures and protects the
home in a manner satisfactory to the lender, as specified in
the loan documents;
(c) The lender’s right to collect reverse mortgage loan
proceeds is subject to the applicable statute of limitations for
written loan contracts. Notwithstanding any other provision
of law, the statute of limitations shall commence on the date
that the reverse mortgage loan becomes due and payable as
provided in the loan agreement; and
(d) Using conspicuous, bold sixteen-point or larger type,
the lender shall disclose in the loan agreement any interest
rate or other fees to be charged during the period that commences on the date that the reverse mortgage loan becomes
due and payable, and that ends when repayment in full is
made;
(2010 Ed.)
31.04.515
(6) The first page of any deed of trust securing a reverse
mortgage loan must contain the following statement in sixteen-point boldface type: "This deed of trust secures a
reverse mortgage loan;"
(7) A lender or any other party that participates in the
origination of a reverse mortgage loan shall not require an
applicant for a reverse mortgage to purchase an annuity,
insurance, or another product as a condition of obtaining a
reverse mortgage loan. A reverse mortgage lender or a broker arranging a reverse mortgage loan shall not:
(a) Offer an annuity to the borrower prior to the closing
of the reverse mortgage or before the expiration of the right
of the borrower to rescind the reverse mortgage agreement;
(b) Refer the borrower to anyone for the purchase of an
annuity prior to the closing of the reverse mortgage or before
the expiration of the right of the borrower to rescind the
reverse mortgage agreement; or
(c) Provide marketing information or annuity sales leads
to anyone regarding the prospective borrower or borrower, or
receive any compensation for such an annuity sale or referral;
(8)(a) A lender or any other party that participates in the
origination of a reverse mortgage loan shall maintain safeguards, acceptable to the department of financial institutions,
to ensure that individuals offering reverse mortgage loans do
not provide reverse mortgage borrowers with any other financial or insurance products and that individuals participating
in the origination of a reverse mortgage loan have no ability
or incentive to provide the borrower with any other financial
or insurance product;
(b) The borrower shall not be required, directly or indirectly, as a condition of obtaining a reverse mortgage under
this section, to purchase any other financial or insurance
products;
(9) Prior to accepting a final and complete application
for a reverse mortgage loan or assessing any fees, a lender
shall refer the prospective borrower to an independent housing counseling agency approved by the federal department of
housing and urban development for counseling. The counseling must meet the standards and requirements established by
the federal department of housing and urban development for
reverse mortgage counseling. The lender shall provide the
borrower with a list of at least five independent housing
counseling agencies approved by the federal department of
housing and urban development, including at least two agencies that can provide counseling by telephone. Telephone
counseling is only available at the borrower’s request;
(10) A lender shall not accept a final and complete application for a reverse mortgage loan from a prospective applicant or assess any fees upon a prospective applicant without
first receiving a certification from the applicant or the applicant’s authorized representative that the applicant has
received counseling from an agency as described in subsection (9) of this section. The certification must be signed by
the borrower and the agency counselor, and must include the
date of the counseling and the names, addresses, and telephone numbers of both the counselor and the borrower. Electronic facsimile copy of the housing counseling certification
satisfies the requirements of this subsection. The lender shall
maintain the certification in an accurate, reproducible, and
accessible format for the term of the reverse mortgage;
[Title 31 RCW—page 17]
31.04.520
Title 31 RCW: Miscellaneous Loan Agencies
(11) A reverse mortgage loan may not be made for a
Washington state resident unless that resident is a minimum
of sixty years of age as of the date of execution of the loan;
and
(12) Except for the initial disbursement of moneys to the
closing agent, advances by the lender to the borrower must be
issued directly to the borrower, or his or her legal representative, and not to an intermediary or third party. [2009 c 149 §
3.]
31.04.520 Right to rescind transaction. The borrower
in a proprietary reverse mortgage transaction has the same
right to rescind the transaction as provided in the truth in
lending act, Regulation Z, 12 C.F.R. Sec. 226. [2009 c 149 §
4.]
31.04.520
31.04.525 Preapproval required from department of
financial institutions—Application of section—Rules. (1)
This section does not apply to a home equity conversion
mortgage or other federally administered reverse mortgage
product. A proprietary reverse mortgage loan product may
not be offered without preapproval by the department of
financial institutions.
(2) The director may make rules regarding the preapproval process, and may require any documentation, information, standards, or data deemed necessary by the director.
The director may disapprove any proprietary reverse mortgage loan products that contain or incorporate by reference
any inconsistent, ambiguous, or misleading provisions or
terms, or exceptions and conditions which unreasonably or
deceptively affect the reverse mortgage contract. Additional
grounds for disapproval may include, without limitation, the
existence in the proprietary product of any benefits provided
to the borrower that are contrary to public policy. [2009 c
149 § 5.]
31.04.525
31.04.530 Required notice to prospective borrower
about counseling—Form—Contents—Annual disclosure
statements—Property appraisals. (1) A proprietary
reverse mortgage loan application may not be taken by a
lender unless the loan applicant has received from the lender
the following plain language statement in conspicuous bold
sixteen-point type or larger, advising the prospective borrower about counseling prior to obtaining the reverse mortgage loan within three business days of receipt of the completed loan application:
31.04.530
"Important notice to reverse mortgage loan applicant
A reverse mortgage is a complex financial transaction that provides a means of using the equity you have
built up in your home, or the value of your home, as a way
to access home equity.
If you decide to obtain a reverse mortgage loan, you
will sign binding legal documents that will have important legal, tax, and financial implications for you and
your estate.
It is very important for you to understand the terms
of the reverse mortgage and its effect. Before entering
into this transaction, you are required by law to consult
with an independent loan counselor. A list of approved
counselors will be provided to you by the lender or bro[Title 31 RCW—page 18]
ker. You may also want to discuss your decision with
family members or others on whom you rely for financial
advice."
(2) As part of the disclosure required under this section,
the lender or servicer shall provide an annual, or more frequent, disclosure statement to the borrower, providing details
of the loan advances, balance, other terms, and the name and
telephone number of the lender’s employee or agent who has
been specifically designated to respond to inquiries concerning reverse mortgage loans.
(3) In addition to any other loan documentation or disclosure, prior to execution of the loan and at the end of the
loan term, the lender may either obtain an independent
appraisal of the property value or use the current year’s tax
assessment valuation of the property. Copies of these
appraisals must be timely provided to the borrower within
five days of the borrower’s written request, provided the borrower has paid for the appraisal. [2009 c 149 § 6.]
31.04.535
31.04.535 Lender default—Treble damages—Civil
remedies. (1) In addition to any other remedies, if a lender
defaults on any of the reverse mortgage loan terms and fails
to cure an actual default after notice as specified in the loan
documents, the borrower, or the borrower’s estate, is entitled
to treble damages.
(2) An arrangement, transfer, or lien subject to this chapter is not invalidated solely because of the failure of a lender
to comply with any provision of this chapter. However, this
section does not preclude the application of any other existing civil remedies provided by law.
(3) A violation of federal legal requirements for an FHAapproved reverse mortgage as defined in RCW 31.04.505(1)
constitutes a violation of this chapter. [2009 c 149 § 7.]
31.04.540
31.04.540 Loan advances—Eligibility and benefits
under means-tested programs—Subject to federal law.
(1) To the extent that implementation of this section does not
conflict with federal law resulting in the loss of federal funding, proprietary reverse mortgage loan advances made to a
borrower must be treated as proceeds from a loan and not as
income for the purpose of determining eligibility and benefits
under means-tested programs of aid to individuals.
(2) Undisbursed reverse mortgage funds must be treated
as equity in the borrower’s home and not as proceeds from a
loan, resources, or assets for the purpose of determining eligibility and benefits under means-tested programs of aid to
individuals.
(3) This section applies to any law or program relating to
payments, allowances, benefits, or services provided on a
means-tested basis by this state including, but not limited to,
optional state supplements to the federal supplemental security income program, low-income energy assistance, property
tax relief, disability lifeline benefits, and medical assistance
only to the extent this section does not conflict with Title 19
of the federal social security act. [2010 1st sp.s. c 8 § 15;
2009 c 149 § 8.]
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8:
See notes following RCW 74.04.225.
(2010 Ed.)
Washington State Credit Union Act
31.04.900 Severability—1991 c 208. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 208 § 20.]
31.04.900
31.04.901 Short title. This chapter shall be known as
the consumer loan act. [1991 c 208 § 21.]
31.04.901
31.12.365
31.12.367
31.12.372
31.04.902
31.04.903 Effective date—2009 c 120. In order to
facilitate an orderly transition to licensing and minimize disruption in the mortgage marketplace, sections 10 through 14,
16 through 19, 21 through 25, and 27 through 29 of this act
take effect July 1, 2010. [2009 c 120 § 31.]
Directors and members of committees—Compensation—
Reimbursement—Loans.
Risk—Bond coverage—Notice to director.
Director may suspend any person, reason—Notice—Injunctions.
MEMBERSHIP
31.12.382
31.12.384
31.12.386
31.12.388
31.04.902 Effective dates, implementation—1991 c
208. (1) Sections 1 through 23 of this act shall take effect
January 1, 1992, but the director shall take such steps and
adopt such rules as are necessary to implement this act by that
date.
(2) Section 24 of this act shall take effect January 1,
1993. [1994 c 92 § 174; 1991 c 208 § 25.]
Chapter 31.12
Limitation on membership.
Membership.
Voting rights—Methods—Proxy—Under eighteen years of
age.
Expulsion of member—Challenge—Share and deposit
accounts.
POWERS OF CREDIT UNIONS
31.12.402
31.12.404
31.12.408
31.12.413
Powers.
Additional powers—Powers conferred on federal credit
union—Authority of director.
Insurance required after December 31, 1998—Federal share
insurance program or an equivalent share insurance program—Director’s findings.
Low-income credit unions—Director’s approval required—
Powers—Rules.
31.04.903
MEMBERS’ ACCOUNTS
31.12.416
31.12.418
Shares and deposits governed by chapter 30.22 RCW—Limitation on shares and deposits—Notice of withdrawal—Lien
rights.
Dividends.
LOANS TO MEMBERS
31.04.904 Effective date—2010 c 35. This act takes
effect July 1, 2010. [2010 c 35 § 22.]
31.04.904
31.12.426
31.12.428
Loans to members—Secured or unsecured loans.
Limit on loan amount.
INVESTMENTS
Chapter 31.12 RCW
WASHINGTON STATE CREDIT UNION ACT
Chapter 31.12
Sections
Findings—Intent—1997 c 397.
Definitions.
31.12.015
31.12.025
31.12.035
31.12.055
Declaration of policy.
Use of words in name.
Application for permission to organize—Approval.
Manner of organizing—Articles of incorporation—Submission to director.
Bylaws—Submission to director.
Approval, denial of proposed credit union—Appeal.
Filing upon approval—Fee—Notice to director—Authority to
commence business.
CREDIT UNION ORGANIZATION
CORPORATE GOVERNANCE
31.12.105
31.12.115
31.12.185
31.12.195
31.12.225
31.12.235
31.12.246
31.12.251
31.12.255
31.12.265
31.12.267
31.12.269
31.12.285
31.12.326
31.12.335
31.12.345
(2010 Ed.)
Investment of funds.
Investment in real property or leasehold interests for own
use—Future expansion.
MERGERS, CONVERSIONS, AND VOLUNTARY LIQUIDATIONS
31.12.003
31.12.005
31.12.065
31.12.075
31.12.085
31.12.436
31.12.438
Amendment to articles of incorporation—Approval of director—Procedure.
Amendment to bylaws—Approval of director required—Procedure.
Annual membership meetings.
Special membership meetings.
Board of directors—Election of directors—Terms—Vacancies—Meetings.
Directors—Qualifications—Operating officers and employees
may serve.
Removal of directors—Interim directors.
Removal of directors—No quorum.
Board of directors—Powers and duties.
Officers.
Directors and officers—Fiduciary duty—Information relied
on.
Directors and committee members—Limitations on personal
liability—Exceptions.
Suspension of members of board or supervisory committee by
board—For cause.
Supervisory committee—Membership—Terms—Vacancies—Operating officers and employees may not serve.
Supervisory committee—Duties.
Suspension of members of a committee or members of the
board by supervisory committee—For cause.
31.12.461
31.12.464
31.12.467
31.12.471
31.12.474
Mergers.
Merger or conversion of state into federal, out-of-state, or foreign credit union, or other type of financial institution.
Merger or conversion of federal, out-of-state, or foreign to
state credit union.
Authority of out-of-state or foreign credit union to operate in
this state—Conditions.
Liquidation—Disposition of unclaimed funds.
EXAMINATION AND SUPERVISION
31.12.516
31.12.518
31.12.545
31.12.565
31.12.567
31.12.569
31.12.571
31.12.575
31.12.585
31.12.595
31.12.625
31.12.630
31.12.633
31.12.637
31.12.641
31.12.644
31.12.647
31.12.651
31.12.654
31.12.657
31.12.661
31.12.664
31.12.667
Powers of director.
Powers of director under chapter 19.144 RCW.
Examinations and investigations—Reports—Access to
records—Oaths—Subpoenas.
Examination reports and specified other information confidential—Exceptions—Penalty.
Reports—Financial and statistical data—As required by director.
Generally accepted accounting principles.
Notice of intent to establish branch—Another state or foreign
jurisdiction.
Removal or prohibition orders—Director’s authority—Notice.
Prohibited acts—Notice—Cease and desist order.
Temporary cease and desist order—Notice—Principal place
of business—Superior court.
Administrative hearing—Procedures.
Authority of director to call special meeting of board.
Authority of director to attend meetings of the board.
Intervention by director—Conditions.
Supervision by director—Notice—Compliance—Costs.
Supervision by director—Certain acts prohibited.
Supervision by director—Credit union request for review.
Conservator—Authorized actions—Costs.
Actions by conservator—Review.
Lawsuits during period of conservatorship.
Conservator serves until purposes are accomplished.
Liquidation—Suspension or revocation of articles—Placement in involuntary liquidation—Appointment of liquidating agent—Notice—Procedure—Effect.
Order directing involuntary liquidation—Procedure.
[Title 31 RCW—page 19]
31.12.003
31.12.671
31.12.674
31.12.677
31.12.681
31.12.684
31.12.687
31.12.691
31.12.694
31.12.697
31.12.701
31.12.704
31.12.707
31.12.711
31.12.714
31.12.717
31.12.721
31.12.724
31.12.726
31.12.728
Title 31 RCW: Miscellaneous Loan Agencies
Receivership—Appointment of receiver by director—
Notice—Act without bond.
Receiver may be required to show cause—Principal place of
business—Superior court.
Powers and duties of receiver.
Claims against credit union in receivership—Notice.
Receiver shall inventory assets—File lists of assets and
claims—Objections to approved claims.
Expenses incurred by receiver.
Liquidation dividends—Approval of court.
Remaining assets—Distribution.
Unclaimed liquidation dividends.
Personal property—Receiver’s duties.
Proceeds of sale—Deposit or payment by receiver.
Completion of receivership—Merger, purchase, or liquidation—Secretary of state.
Director may terminate receivership—Expenses.
Receivership files.
Pendency of proceedings for review of appointment of
receiver—Liabilities of credit union—Availability of relevant data.
Appointment by court of temporary receiver—Notice to director.
Actions that are void—Felonious conduct—Penalties.
Conservator or receiver may terminate or adopt executory contracts—Timing—Binding terms—Liability.
Applicability of general receivership law.
MISCELLANEOUS
31.12.850
31.12.853
31.12.860
31.12.890
31.12.891
31.12.902
31.12.906
31.12.907
31.12.908
31.12.909
31.12.910
Prohibited acts—Criminal penalties.
Prohibited acts—Civil penalties—Rules.
Taxation of credit unions.
Satellite facilities.
Automated teller machines and night depositories security.
Short title.
Effective date—1997 c 397.
Severability—1997 c 397.
Severability—2001 c 83.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Effective date—2010 c 87.
Credit unions as public depositories: RCW 39.58.240.
Fairness in lending act: RCW 30.04.500 through 30.04.515.
Master license system exemption: RCW 19.02.800.
31.12.003 Findings—Intent—1997 c 397. The legislature finds that credit unions provide many valuable services
to the consumers of this state and will be better prepared to
continue providing these services if the Washington state
credit union act is modernized, clarified, and reorganized.
Furthermore, the legislature finds that credit unions and
credit union members will benefit by enacting provisions
clearly specifying the director of financial institutions’
authority to enforce statutory provisions.
Revisions to this chapter reflect the legislature’s intent to
modernize, clarify, and reorganize the existing act, and specify the director’s enforcement authority. By enacting the revisions to this chapter, it is not the intent of the legislature to
affect the scope of credit unions’ field of membership or tax
status, or impact federal parity provisions. [1997 c 397 § 1.]
31.12.003
31.12.005 Definitions. Unless the context clearly
requires otherwise, as used in this chapter:
(1) "Board" means the board of directors of a credit
union.
(2) "Board officer" means an officer of the board elected
under RCW 31.12.265(1).
(3) "Branch" of a credit union, out-of-state credit union,
or foreign credit union means any facility that meets all of the
following criteria:
(a) The facility is a staffed physical facility;
31.12.005
[Title 31 RCW—page 20]
(b) The facility is owned or leased in whole or part by the
credit union or its credit union service organization; and
(c) Deposits and withdrawals may be made, or shares
purchased, through staff at the facility.
(4) "Capital" means a credit union’s reserves, undivided
earnings, and allowance for loan and lease losses, and other
items that may be included under RCW 31.12.413 or by rule
or order of the director.
(5) "Credit union" means a credit union organized and
operating under this chapter.
(6) "Credit union service organization" means an organization that a credit union has invested in pursuant to RCW
31.12.436(8), or a credit union service organization invested
in by an out-of-state, federal, or foreign credit union.
(7) "Department" means the department of financial
institutions.
(8) "Director" means the director of financial institutions.
(9) "Federal credit union" means a credit union organized and operating under the laws of the United States.
(10) "Financial institution" means any commercial bank,
trust company, savings bank, or savings and loan association,
whether state or federally chartered, and any credit union,
out-of-state credit union, or federal credit union.
(11) "Foreign credit union" means a credit union organized and operating under the laws of another country or
other foreign jurisdiction.
(12) "Insolvency" means:
(a) If, under United States generally accepted accounting
principles, the recorded value of the credit union’s assets are
less than its obligations to its share account holders, depositors, creditors, and others; or
(b) If it is likely that the credit union will be unable to
pay its obligations or meet its share account holders’ and
depositors’ demands in the normal course of business.
(13) "Loan" means any loan, overdraft line of credit,
extension of credit, or lease, in whole or in part.
(14) "Material violation of law" means:
(a) If the credit union or person has violated a material
provision of:
(i) Law;
(ii) Any cease and desist order issued by the director;
(iii) Any condition imposed in writing by the director in
connection with the approval of any application or other
request of the credit union; or
(iv) Any supervisory agreement, or any other written
agreement entered into with the director;
(b) If the credit union or person has concealed any of the
credit union’s books, papers, records, or assets, or refused to
submit the credit union’s books, papers, records, or affairs for
inspection to any examiner of the state or, as appropriate, to
any examiner of the national credit union administration; or
(c) If a member of a credit union board of directors or
supervisory committee, or an officer of a credit union, has
breached his or her fiduciary duty to the credit union.
(15) "Membership share" means an initial share that a
credit union may require a person to purchase in order to
establish and maintain membership in a credit union.
(16) "Net worth" means a credit union’s capital, less the
allowance for loan and lease losses.
(2010 Ed.)
Washington State Credit Union Act
(17) "Operating officer" means an employee of a credit
u n i o n d es i g n a t e d a s a n o f f ic e r p u r s u a n t t o R C W
31.12.265(2).
(18) "Organization" means a corporation, partnership,
association, limited liability company, trust, or other organization or entity.
(19) "Out-of-state credit union" means a credit union
organized and operating under the laws of another state or
United States territory or possession.
(20) "Person" means an organization or a natural person
including, but not limited to, a sole proprietorship.
(21) "Principally" or "primarily" means more than onehalf.
(22) "Senior operating officer" includes:
(a) An operating officer who is a vice president or above;
and
(b) Any employee who has policy-making authority.
(23) "Significantly undercapitalized" means a net worth
to total assets ratio of less than four percent.
(24) "Small credit union" means a credit union with up to
ten million dollars in total assets.
(25) "Unsafe or unsound condition" means, but is not
limited to:
(a) If the credit union is insolvent;
(b) If the credit union has incurred or is likely to incur
losses that will deplete all or substantially all of its net worth;
(c) If the credit union is in imminent danger of losing its
share and deposit insurance or guarantee; or
(d) If the credit union is significantly undercapitalized.
(26) "Unsafe or unsound practice" means any action, or
lack of action, which is contrary to generally accepted standards of prudent operation, the likely consequences of which,
if continued, would be abnormal risk of loss or danger to a
credit union, its members, or an organization insuring or
guaranteeing its shares and deposits. [2010 c 87 § 1; 2001 c
83 § 1; 1997 c 397 § 2. Prior: 1994 c 256 § 68; 1994 c 92 §
175; 1984 c 31 § 2.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
CREDIT UNION ORGANIZATION
31.12.015 Declaration of policy. A credit union is a
cooperative society organized under this chapter as a nonprofit corporation for the purposes of promoting thrift among
its members and creating a source of credit for them at fair
and reasonable rates of interest.
The director is the state’s credit union regulatory authority whose purpose is to protect members’ financial interests,
the integrity of credit unions as cooperative institutions, and
the interests of the general public, and to ensure that credit
unions remain viable and competitive in this state. [1997 c
397 § 3. Prior: 1994 c 256 § 69; 1994 c 92 § 176; 1984 c 31
§ 3.]
31.12.015
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.025 Use of words in name. (1) A credit union
shall include the words "credit union" in its name.
(2) No person may conduct business or engage in any
other activity under a name or title containing the words
31.12.025
(2010 Ed.)
31.12.065
"credit union", or represent itself as a credit union, unless it
is:
(a) A credit union, out-of-state credit union, or a foreign
credit union;
(b) An organization whose membership or ownership is
limited to credit unions, out-of-state credit unions, federal
credit unions, or their trade organizations;
(c) A person that is primarily in the business of managing one or more credit unions, out-of-state credit unions, or
federal credit unions; or
(d) A credit union service organization. [1997 c 397 § 4;
1994 c 256 § 70; 1984 c 31 § 4.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.035 Application for permission to organize—
Approval. Seven or more natural persons who reside in this
state may apply to the director for permission to organize a
credit union. The application must include copies of the proposed articles of incorporation and bylaws, and such other
information as may be required by the director. The director
shall approve or deny a complete application within sixty
days of receipt. [1997 c 397 § 5; 1994 c 92 § 177; 1984 c 31
§ 5.]
31.12.035
31.12.055 Manner of organizing—Articles of incorporation—Submission to director. (1) Persons applying
for the organization of a credit union shall execute articles of
incorporation stating:
(a) The initial name and location of the credit union;
(b) That the duration of the credit union is perpetual;
(c) That the purpose of the credit union is to engage in
the business of a credit union and any other lawful activities
permitted to a credit union by applicable law;
(d) The number of its directors, which must not be less
than five or greater than fifteen, and the names of the persons
who are to serve as the initial directors;
(e) The names of the incorporators;
(f) The initial par value, if any, of the shares of the credit
union;
(g) The extent, if any, to which personal liability of
directors is limited;
(h) The extent, if any, to which directors, supervisory
committee members, officers, employees, and others will be
indemnified by the credit union; and
(i) Any other provision which is not inconsistent with
this chapter.
(2) Applicants shall submit the articles of incorporation
in triplicate to the director. [1997 c 397 § 6. Prior: 1994 c
256 § 71; 1994 c 92 § 179; 1984 c 31 § 7.]
31.12.055
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.065 Bylaws—Submission to director. (1) Persons applying for the organization of a credit union shall
adopt bylaws that prescribe the manner in which the business
of the credit union shall be conducted. The bylaws shall
include:
(a) The name of the credit union;
(b) The field of membership of the credit union;
(c) Reasonable qualifications for membership in the
credit union, including, but not limited to, the minimum num31.12.065
[Title 31 RCW—page 21]
31.12.075
Title 31 RCW: Miscellaneous Loan Agencies
ber of shares, and the payment of a membership fee, if any,
required for membership, and the procedures for expelling a
member;
(d) The number of directors and supervisory committee
members, and the length of terms they serve and the permissible term length of any interim director or supervisory committee member;
(e) Any qualification for eligibility to serve on the credit
union’s board or supervisory committee;
(f) The number of credit union employees that may serve
on the board, if any;
(g) The frequency of regular meetings of the board and
the supervisory committee, and the manner in which members of the board or supervisory committee will be notified of
meetings;
(h) The timing of the annual membership meeting;
(i) The manner in which members may call a special
membership meeting;
(j) The manner in which members will be notified of
membership meetings;
(k) The number of members constituting a quorum at a
membership meeting;
(l) Provisions, if any, for the indemnification of directors, supervisory committee members, officers, employees,
and others by the credit union, if not included in the articles
of incorporation; and
(m) Any other provision which is not inconsistent with
this chapter.
(2) Applicants shall submit the bylaws in duplicate to the
director. [2001 c 83 § 2; 1997 c 397 § 7. Prior: 1994 c 256 §
72; 1994 c 92 § 180; 1984 c 31 § 8.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.075 Approval, denial of proposed credit
union—Appeal. (1) When the proposed articles of incorporation and bylaws complying with the requirements of RCW
31.12.055 and 31.12.065 have been filed with the director,
the director shall:
(a) Determine whether the articles of incorporation and
bylaws are consistent with this chapter; and
(b) Determine the feasibility of the credit union, taking
into account surrounding facts and circumstances influencing
the successful operation of the credit union.
(2) If the director is satisfied with the determinations
made under subsection (1)(a) and (b) of this section, the
director shall endorse each of the articles of incorporation
"approved", indicate the date the approval was granted, and
return two sets of articles and one set of bylaws to the applicants.
(3) If the director is not satisfied with the determinations
made under subsection (1)(a) and (b) of this section, the
director shall endorse each of the articles of incorporation
"denied," indicate the date of, and reasons for, the denial, and
return two copies of the articles of incorporation with one
copy of the bylaws to the person from whom they were
received. The director shall at the time of returning the copies
of the articles of incorporation and bylaws, also provide
notice to the applicant of the applicant’s right to appeal the
denial under chapter 34.05 RCW. The denial is conclusive
31.12.075
[Title 31 RCW—page 22]
unless the applicant requests a hearing under chapter 34.05
RCW. [1997 c 397 § 8; 1994 c 92 § 181; 1984 c 31 § 9.]
31.12.085 Filing upon approval—Fee—Notice to
director—Authority to commence business. (1) Upon
approval under RCW 31.12.075(2), the director shall deliver
a copy of the articles of incorporation to the secretary of state
for filing. Upon receipt of the approved articles of incorporation provided by the applicants, and the secretary of state filing fee paid by the department, the secretary of state shall file
the articles of incorporation.
(2) Upon filing of the approved articles of incorporation
by the secretary of state, the persons named in the articles of
incorporation and their successors may conduct business as a
credit union, having the powers, duties, and obligations set
forth in this chapter. A credit union may not conduct business until the articles have been filed by the secretary of state.
(3) A credit union shall organize and begin conducting
business within six months of the date that its articles of
incorporation are filed by the secretary of state or its charter
is void. However, the director may grant extensions of the
six-month period. [2010 c 87 § 2; 2001 c 83 § 3; 1997 c 397
§ 9; 1994 c 92 § 182; 1993 c 269 § 12; 1984 c 31 § 10.]
31.12.085
Additional notes found at www.leg.wa.gov
CORPORATE GOVERNANCE
31.12.105 Amendment to articles of incorporation—
Approval of director—Procedure. A credit union’s articles
of incorporation may be amended by the board with the
approval of the director. Complete applications for amendments to the articles must be approved or denied by the director within sixty days of receipt. Amendments to a credit
union’s articles of incorporation must conform with RCW
31.12.055.
Upon approval, the director shall promptly deliver the
articles’ amendments, including any necessary filing fees
paid by the applicant, to the secretary of state for filing. The
articles’ amendments are effective upon filing of the amendments by the secretary of state. [2001 c 83 § 4; 1997 c 397 §
10; 1994 c 92 § 184; 1984 c 31 § 12.]
31.12.105
31.12.115 Amendment to bylaws—Approval of
director required—Procedure. (1) A credit union’s field of
membership bylaws may be amended by the board with
approval of the director. Complete applications to amend a
credit union’s field of membership bylaws must be approved
or denied by the director within sixty days of receipt.
(2) A credit union’s other bylaws may be amended by
the board.
(3) Any amendments to a credit union’s bylaws must
conform with RCW 31.12.065. [2001 c 83 § 5; 1997 c 397 §
11. Prior: 1994 c 256 § 73; 1994 c 92 § 185; 1984 c 31 § 13.]
31.12.115
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.185 Annual membership meetings. (1) A credit
union’s annual membership meeting shall be held at such
time and place as the bylaws prescribe, and shall be conducted according to the rules of procedure approved by the
board.
31.12.185
(2010 Ed.)
Washington State Credit Union Act
(2) Notice of the annual membership meetings of a credit
union shall be given as provided in the bylaws of the credit
union. [1997 c 397 § 12; 1987 c 338 § 2; 1984 c 31 § 20.]
31.12.195 Special membership meetings. (1) A special membership meeting of a credit union may be called by a
majority of the board, a majority vote of the supervisory committee, or upon written application of at least ten percent or
two thousand of the members of a credit union, whichever is
less.
(2) A request for a special membership meeting of a
credit union shall be in writing and shall state specifically the
purpose or purposes for which the meeting is called. At this
meeting, only those agenda items detailed in the written
request may be considered. If the special membership meeting is being called for the removal of one or more directors,
the request shall state the name of the director or directors
whose removal is sought.
(3) Upon receipt of a request for a special membership
meeting, the secretary of the credit union shall designate the
time and place at which the special membership meeting will
be held. The designated place of the meeting must be a reasonable location within the county in which the principal
place of business of the credit union is located, unless provided otherwise by the bylaws. The designated time of the
membership meeting must be no sooner than twenty, and no
later than thirty days after the request is received by the secretary.
The secretary shall give notice of the meeting within ten
days of receipt of the request or within such other reasonable
time period as may be provided by the bylaws. The notice
must include the purpose or purposes for which the meeting
is called, as provided in the bylaws. If the special membership meeting is being called for the removal of one or more
directors, the notice must state the name of the director or
directors whose removal is sought.
(4) Except as provided in this subsection, the chairperson
of the board shall preside over special membership meetings.
If the purpose of the special meeting includes the proposed
removal of the chairperson, the next highest ranking board
officer whose removal is not sought shall preside over the
special meeting. If the removal of all board officers is sought,
the chairperson of the supervisory committee shall preside
over the special meeting.
(5) Special membership meetings shall be conducted
according to the rules of procedure approved by the board.
[1997 c 397 § 13. Prior: 1994 c 256 § 77; 1994 c 92 § 188;
1987 c 338 § 3; 1984 c 31 § 21.]
31.12.195
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.225 Board of directors—Election of directors—Terms—Vacancies—Meetings. (1) The business
and affairs of a credit union shall be managed by a board of
not less than five and not greater than fifteen directors.
(2) The directors must be elected at the credit union’s
annual membership meeting. They shall hold their offices
until their successors are qualified and elected or appointed.
(3) Directors shall be elected to terms of between one
and three years, as provided in the bylaws. If the terms are
longer than one year, the directors must be divided into
31.12.225
(2010 Ed.)
31.12.251
classes, and an equal number of directors, as nearly as possible, must be elected each year.
(4) Any vacancy on the board must be filled by an
interim director appointed by the board, unless the interim
director would serve a term of fewer than ninety days.
Interim directors appointed to fill vacancies created by
expansion of the board will serve until the next annual meeting of members. Other interim directors will serve out the
unexpired term of the former director, unless provided otherwise in the credit union’s bylaws.
(5) The board will have regular meetings not less frequently than once each month. [2001 c 83 § 6; 1997 c 397 §
14; 1984 c 31 § 24.]
31.12.235 Directors—Qualifications—Operating
officers and employees may serve. (1) A director must be a
natural person and a member of the credit union. If a director
ceases to be a member of the credit union, the director shall
no longer serve as a director.
(2)(a) If a director is absent from four of the regular
board meetings in any twelve-month period in a term without
being reasonably excused by the board, the director shall no
longer serve as a director for the period remaining in the term.
(b) The board secretary shall promptly notify the director
that he or she shall no longer serve as a director. Failure to
provide notice does not affect the termination of the director’s service under (a) of this subsection.
(3) A director must meet any qualification requirements
set forth in the credit union’s bylaws. If a director fails to
meet these requirements, the director shall no longer serve as
a director.
(4) The operating officers and employees of the credit
union may serve as directors of the credit union, but only as
permitted by the credit union’s bylaws. In no event may the
operating officers and employees of the credit union constitute a majority of the board. [2001 c 83 § 7; 1997 c 397 § 15;
1994 c 256 § 78; 1984 c 31 § 25.]
31.12.235
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.246 Removal of directors—Interim directors.
The members of a credit union may remove a director of the
credit union at a special membership meeting held in accordance with RCW 31.12.195 and called for that purpose. If the
members remove a director, the members may at the same
special membership meeting elect an interim director to complete the remainder of the former director’s term of office or
authorize the board to appoint an interim director as provided
in RCW 31.12.225. [1997 c 397 § 16; 1984 c 31 § 26.]
31.12.246
31.12.251 Removal of directors—No quorum. If at
any time because of the removal of one or more credit union
directors under this chapter, the board of directors of a credit
union has less than a quorum of directors, all powers and
functions vested in or exercisable by the board vest in and are
exercisable by the director or directors remaining until such a
time as there is a quorum on the board of directors. If all of
the directors of a credit union are removed under this chapter,
the director of the department of financial institutions shall
appoint persons to serve temporarily as directors of the credit
31.12.251
[Title 31 RCW—page 23]
31.12.255
Title 31 RCW: Miscellaneous Loan Agencies
union until such a time as their respective successors take
office. [2010 c 87 § 19.]
31.12.255 Board of directors—Powers and duties.
The business and affairs of a credit union shall be managed
by the board of the credit union. The duties of the board
include, but are not limited to, the duties enumerated in this
section. The duties listed in subsection (1) of this section may
not be delegated by the credit union’s board of directors. The
duties listed in subsection (2) of this section may be delegated
to a committee, officer, or employee, with appropriate reporting to the board.
(1) The board shall:
(a) Set the par value of shares, if any, of the credit union;
(b) Set the minimum number of shares, if any, required
for membership;
(c) Establish the loan policies under which loans may be
approved;
(d) Establish the conditions under which a member may
be expelled for cause;
(e) Fill vacancies on all committees except the supervisory committee;
(f) Approve an annual operating budget for the credit
union;
(g) Designate those persons or positions authorized to
execute or certify documents or records on behalf of the
credit union;
(h) Review the supervisory committee’s annual report;
and
(i) Perform such other duties as the members may direct.
(2) In addition, unless delegated, the board shall:
(a) Act upon applications for membership in the credit
union;
(b) Determine the maximum amount of shares and
deposits that a member may hold in the credit union;
(c) Declare dividends on shares and set the rate of interest on deposits;
(d) Set the fees, if any, to be charged by the credit union
to its members for the right to be a member of the credit union
and for services rendered by the credit union;
(e) Determine the amount which may be loaned to a
member together with the terms and conditions of loans;
(f) Establish policies under which the credit union may
borrow and invest; and
(g) Approve the charge-off of credit union losses. [2001
c 83 § 8; 1997 c 397 § 17; 1994 c 256 § 79; 1984 c 31 § 27.]
31.12.255
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.265 Officers. (1) The board at its first meeting
after the annual membership meeting shall elect board officers from among its members, as provided in the credit
union’s bylaws. The board will elect as many board officers
as it deems necessary for transacting the business of the board
of the credit union. The board officers shall hold office until
their successors are qualified and elected, unless sooner
removed as provided in this chapter. All board officers must
be elected members of the board. However, the office of
board treasurer and board secretary may be held by the same
person and need not be elected members of the board.
31.12.265
[Title 31 RCW—page 24]
(2) The board may designate as many operating officers
as it deems necessary for conducting the business of the
credit union, including, but not limited to, a principal operating officer. Individuals serving as operating officers may also
serve as board officers in accordance with subsection (1) of
this section and subject to RCW 31.12.235(4). [1997 c 397 §
18; 1994 c 256 § 80; 1987 c 338 § 4; 1984 c 31 § 28.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.267 Directors and officers—Fiduciary duty—
Information relied on. (1) Directors, board officers, supervisory committee members, and senior operating officers
owe a fiduciary duty to the credit union, and must discharge
the duties of their respective positions:
(a) In good faith;
(b) With the care an ordinarily prudent person in a like
position would exercise under similar circumstances; and
(c) In a manner the director or officer reasonably
believes to be in the best interests of the credit union.
(2) In discharging the duties of a director, a director is
entitled to rely on information, opinions, reports, or statements, including financial statements and other financial
data, if prepared or presented by:
(a) One or more officers or employees of the credit union
whom the director reasonably believes to be reliable and
competent in the matters presented;
(b) Legal counsel, public accountants, or other persons
as to matters the director reasonably believes are within the
person’s professional or expert competence; or
(c) A committee of the board of directors of which the
director is not a member if the director reasonably believes
the committee merits confidence.
(3) A director is not acting in good faith if the director
has knowledge concerning the matter in question that makes
reliance otherwise permitted by subsection (2) of this section
unwarranted.
(4) A director is not liable for any action taken as a director, or any failure to take any action, if the director performed
the duties of the director’s office in compliance with this section. [2010 c 87 § 3; 2001 c 83 § 9; 1997 c 397 § 19.]
31.12.267
31.12.269 Directors and committee members—Limitations on personal liability—Exceptions. (1) Directors
and committee members at a credit union or federal credit
union have no personal liability for harm caused by acts or
omissions performed on behalf of the credit union if: The
director or committee member was acting within the scope of
his or her duties at the time of the act or omission; the harm
was not caused by an act in violation of RCW 31.12.267; the
harm was not caused by willful or criminal misconduct, gross
negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of the individual harmed;
and the harm was not caused by the director or committee
member’s operation of a motor vehicle, vessel, aircraft, or
other vehicle for which the state requires the operator or the
owner of the vehicle, craft, or vessel to either possess an
operator’s license or maintain insurance.
(2) This section does not affect a director’s or committee
member’s liability to the credit union or to a governmental
31.12.269
(2010 Ed.)
Washington State Credit Union Act
31.12.365
entity for harm to the credit union or governmental entity
caused by the director or committee member.
(3) This section does not affect the vicarious liability of
the credit union with respect to harm caused to any person,
including harm caused by the negligence of a director or
committee member.
(4) This section does not affect the liability of employees
of the credit union for acts or omissions done within the
scope of their employment. [2001 c 120 § 1.]
(5) No operating officer or employee of a credit union
may serve on the credit union’s supervisory committee. No
more than one director may be a member of the supervisory
committee at the same time, unless provided otherwise by the
credit union’s bylaws. No member of the supervisory committee may serve on the credit committee or investment committee of the credit union while serving on the supervisory
committee. [2001 c 83 § 10; 1997 c 397 § 22; 1984 c 31 §
34.]
31.12.285 Suspension of members of board or supervisory committee by board—For cause. The board may
suspend for cause a member of the board or a member of the
supervisory committee until a membership meeting is held.
The membership meeting must be held within thirty days
after the suspension. The members attending the meeting
shall vote whether to remove a suspended party. For purposes
of this section, "cause" includes demonstrated financial irresponsibility, a breach of fiduciary duty to the credit union, or
activities which, in the judgment of the board, threaten the
safety and soundness of the credit union. [1997 c 397 § 21;
1984 c 31 § 30.]
31.12.335 Supervisory committee—Duties. (1) The
supervisory committee of a credit union shall:
(a) Meet at least quarterly;
(b) Keep fully informed as to the financial condition of
the credit union and the decisions of the credit union’s board;
(c) Perform or arrange for a complete annual audit of the
credit union and a verification of its members’ accounts; and
(d) Report its findings and recommendations to the board
and make an annual report to members at each annual membership meeting.
(2) At least one supervisory committee member may
attend each regular board meeting. [2001 c 83 § 11; 1997 c
397 § 23. Prior: 1994 c 256 § 82; 1994 c 92 § 192; 1984 c 31
§ 35.]
31.12.285
31.12.326 Supervisory committee—Membership—
Terms—Vacancies—Operating officers and employees
may not serve. (1) A supervisory committee of at least three
members must be elected at the annual membership meeting
of the credit union. Members of the supervisory committee
shall serve a term of three years, unless sooner removed
under this chapter or until their successors are qualified and
elected or appointed. The members of the supervisory committee shall be divided into classes so that as equal a number
as is possible is elected each year.
(2)(a) If a supervisory committee member is absent from
more than one-third of the committee meetings in any
twelve-month period in a term without being reasonably
excused by the committee, the member shall no longer serve
as a member of the committee for the period remaining in the
term.
(b) The supervisory committee shall promptly notify the
member that he or she shall no longer serve as a committee
member. Failure to provide notice does not affect the termination of the member’s service under (a) of this subsection.
(3) A supervisory committee member must be a natural
person and a member of the credit union. If a member of the
supervisory committee ceases to be a member of the credit
union, the member shall no longer serve as a committee
member. The chairperson of the supervisory committee may
not serve as a board officer.
(4) Any vacancy on the committee must be filled by an
interim member appointed by the committee, unless the
interim member would serve a term of fewer than ninety
days. Interim members appointed to fill vacancies created by
expansion of the committee will serve until the next annual
meeting of members. Other interim members may serve out
the unexpired term of the former member, unless provided
otherwise by the credit union’s bylaws. However, if all positions on the committee are vacant at the same time, the board
may appoint interim members to serve until the next annual
membership meeting.
31.12.326
(2010 Ed.)
31.12.335
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.345 Suspension of members of a committee or
members of the board by supervisory committee—For
cause. (1) The supervisory committee may, by unanimous
vote, for cause, suspend a member of the board, until a membership meeting is held. The membership meeting must be
held within thirty days after the suspension. The members
attending that meeting shall vote whether to remove the suspended party or parties. The supervisory committee may, by
unanimous vote, for cause, suspend members of other committees until a membership meeting is held. The meeting
must be held within thirty days after the suspension. The
members attending that meeting shall vote whether to remove
the suspended party or parties.
(2) For purposes of this section, "cause" includes demonstrated financial irresponsibility, a breach of fiduciary duty to
the credit union, or activities which, in the judgment of the
supervisory committee, threaten the safety and soundness of
the credit union. [1997 c 397 § 24; 1984 c 31 § 36.]
31.12.345
31.12.365 Directors and members of committees—
Compensation—Reimbursement—Loans. (1) Directors
and members of committees shall not receive compensation
for their service as directors and committee members. However, this subsection does not prohibit directors or committee
members from receiving:
(a) Gifts of minimal value; and
(b) Insurance coverage or incidental services, available
to employees generally.
(2) Directors and members of committees may receive
reimbursement for reasonable expenses incurred on behalf of
themselves and their spouses in the performance of the directors’ and committee members’ duties.
(3) Loans to directors and supervisory and credit committee members may not be made under more favorable
31.12.365
[Title 31 RCW—page 25]
31.12.367
Title 31 RCW: Miscellaneous Loan Agencies
terms and conditions than those made to members generally.
[2001 c 83 § 12; 1997 c 397 § 25; 1984 c 31 § 38.]
31.12.367 Risk—Bond coverage—Notice to director.
(1) Each credit union must be adequately insured against risk.
In addition, each director, officer, committee member, and
employee of a credit union must be adequately bonded.
(2) When a credit union receives notice that its fidelity
bond coverage will be suspended or terminated, the credit
union shall notify the director in writing not less than thirtyfive days prior to the effective date of the notice of suspension or termination. [2001 c 83 § 13; 1997 c 397 § 26; 1994
c 92 § 191; 1984 c 31 § 32. Formerly RCW 31.12.306.]
31.12.367
31.12.372 Director may suspend any person, reason—Notice—Injunctions. (1) The director may issue and
serve an order suspending a person from further participation
in any manner in the conduct of the affairs of a credit union if
the director determines that such an action is necessary for
the protection of the credit union or the interests of the credit
union members. Any suspension order issued by the director
is effective upon service and, unless the superior court of the
county in which the primary place of business of the credit
union is located issues a stay of the order, remains in effect
and enforceable until completion of the administrative proceedings under RCW 31.12.575.
(2) With the suspension order, the director shall serve a
notice of intent to remove or prohibit under RCW 31.12.575.
(3) Within ten days after the person has been served with
the suspension order, the person may apply to the superior
court of the county in which the primary place of business of
the credit union is located for an injunction setting aside, limiting, or suspending the order pending the completion of the
administrative proceedings under the notice issued under
subsection (2) of this section.
(4) In the case of a violation or threatened violation of a
suspension order, the director may apply to the superior court
of the county in which the primary place of business of the
credit union is located for an injunction to enforce the order,
and the court shall issue an injunction if it determines that
there has been a violation or threatened violation.
(5) For the purposes of this section, the principal place of
business of a foreign or out-of-state credit union is Thurston
county. [2010 c 87 § 17.]
31.12.372
MEMBERSHIP
31.12.382 Limitation on membership. (1) Membership in a credit union shall be limited to groups having a common bond of occupation or association, or to groups within a
well-defined neighborhood, community, or rural district. The
director may adopt rules: (a) Reasonably defining "common
bond"; and (b) setting forth standards for the approval of
charters.
(2) The director may approve the inclusion within the
field of membership of a credit union a group having a separate common bond if the director determines that the group is
not of sufficient size or resources to support a viable credit
union of its own. [1994 c 92 § 178; 1984 c 31 § 6. Formerly
RCW 31.12.045.]
31.12.382
[Title 31 RCW—page 26]
31.12.384 Membership. (1) A credit union may admit
to membership those persons qualified for membership as set
forth in its bylaws.
(2) An organization whose membership, ownership, or
employees are comprised principally of persons who are eligible for membership in the credit union may become a member of the credit union. [1997 c 397 § 27; 1984 c 31 § 16. Formerly RCW 31.12.145.]
31.12.384
31.12.386 Voting rights—Methods—Proxy—Under
eighteen years of age. (1) No member may have more than
one vote regardless of the number of shares held by the member. An organization having membership in a credit union
may cast one vote through its agent duly authorized in writing.
(2) Members may vote, as prescribed in the credit
union’s bylaws, by mail ballot, absentee ballot, or other
method. However, no member may vote by proxy.
(3) A member who is not at least eighteen years of age is
not eligible to vote as a member unless otherwise provided in
the credit union’s bylaws. [1997 c 397 § 28; 1994 c 256 § 76;
1984 c 31 § 17. Formerly RCW 31.12.155.]
31.12.386
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.388 Expulsion of member—Challenge—Share
and deposit accounts. (1) Members expelled from the credit
union will be notified of the expulsion and the reasons upon
which it is based. The credit union will, upon request of the
expelled member, allow the member to challenge the expulsion and seek reinstatement as a member.
(2) The amounts in an expelled member’s share and
deposit accounts must be promptly paid to the person following expulsion, and after deducting amounts due from the
member(s) to the credit union, including, but not limited to,
any applicable penalties for early withdrawal. Expulsion will
not operate to relieve the person from outstanding liabilities
owed to the credit union. [1997 c 397 § 29; 1984 c 31 § 31.
Formerly RCW 31.12.295.]
31.12.388
POWERS OF CREDIT UNIONS
31.12.402 Powers. A credit union may:
(1) Issue shares to and receive deposits from its members
in accordance with RCW 31.12.416;
(2) Make loans to its members in accordance with RCW
31.12.426 and 31.12.428;
(3) Pay dividends and interest to its members in accordance with RCW 31.12.418;
(4) Impose reasonable charges for the services it provides to its members;
(5) Impose financing charges and reasonable late
charges in the event of default on loans, subject to applicable
law, and recover reasonable costs and expenses, including,
but not limited to, collection costs, and reasonable attorneys’
fees incurred both before and after judgment, incurred in the
collection of sums due, if provided for in the note or agreement signed by the borrower;
(6) Acquire, lease, hold, assign, pledge, sell, or otherwise
dispose of interests in personal property and in real property
in accordance with RCW 31.12.438;
31.12.402
(2010 Ed.)
Washington State Credit Union Act
(7) Deposit and invest funds in accordance with RCW
31.12.436;
(8) Borrow money, up to a maximum of fifty percent of
its total shares, deposits, and net worth;
(9) Discount or sell any of its assets, or purchase any or
all of the assets of another credit union, out-of-state credit
union, or federal credit union. However, a credit union may
not discount or sell all, or substantially all, of its assets without the approval of the director;
(10) Accept deposits of deferred compensation of its
members;
(11) Act as fiscal agent for and receive payments on
shares and deposits from the federal government or this state,
and any agency or political subdivision thereof;
(12) Engage in activities and programs as requested by
the federal government, this state, and any agency or political
subdivision thereof, when the activities or programs are not
inconsistent with this chapter;
(13) Hold membership in credit unions, out-of-state
credit unions, or federal credit unions and in organizations
controlled by or fostering the interests of credit unions,
including, but not limited to, a central liquidity facility organized under state or federal law;
(14) Pay additional dividends and interest to members,
or an interest rate refund to borrowers;
(15) Enter into lease agreements, lease contracts, and
lease-purchase agreements with members;
(16) Act as insurance agent or broker for the sale to
members of:
(a) Group life, accident, health, and credit life and disability insurance; and
(b) Other insurance that other types of Washington statechartered financial institutions are permitted to sell, on the
same terms and conditions that these institutions are permitted to sell such insurance;
(17) Impose a reasonable service charge for the administration and processing of accounts that remain dormant for a
period of time specified by the credit union;
(18) Establish and operate on-premises or off-premises
electronic facilities;
(19) Enter into formal or informal agreements with
another credit union for the purpose of fostering the development of the other credit union;
(20) Work with community leaders to develop and prioritize efforts to improve the areas where their members reside
by making investments in the community through contributions to organizations that primarily serve either a charitable,
social, welfare, or educational purpose, or are exempt from
taxation pursuant to section 501(c)(3) of the internal revenue
code;
(21) Limit the personal liability of its directors in accordance with provisions of its articles of incorporation that conform with RCW 23B.08.320;
(22) Indemnify its directors, supervisory committee
members, officers, employees, and others in accordance with
provisions of its articles of incorporation or bylaws that conform with RCW 23B.08.500 through 23B.08.600; and
(23) Exercise such incidental powers as are necessary or
convenient to enable it to conduct the business of a credit
union. [2001 c 83 § 14; 1997 c 397 § 30. Prior: 1994 c 256
(2010 Ed.)
31.12.408
§ 74; 1994 c 92 § 186; 1990 c 33 § 564; 1984 c 31 § 14. Formerly RCW 31.12.125.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
31.12.404 Additional powers—Powers conferred on
federal credit union—Authority of director. (1) Notwithstanding any other provision of law, and in addition to all
powers and authorities, express or implied, that a credit union
has under the laws of this state, a credit union has the powers
and authorities that a federal credit union had on December
31, 1993, or a subsequent date not later than July 22, 2001.
(2) Notwithstanding any other provision of law, and in
addition to the powers and authorities, express or implied,
that a credit union has under subsection (1) of this section, a
credit union has the powers and authorities that a federal
credit union has, and an out-of-state credit union operating a
branch in Washington has, subsequent to July 22, 2001, if the
director finds that the exercise of the power and authority
serves the convenience and advantage of members of credit
unions, and maintains the fairness of competition and parity
between credit unions and federal or out-of-state credit
unions. However, a credit union:
(a) Must still comply with RCW 31.12.408; and
(b) Is not granted the field of membership powers or
authorities of any out-of-state credit union operating a branch
in Washington.
(3) The restrictions, limitations, and requirements applicable to specific powers or authorities of federal or out-ofstate credit unions apply to credit unions exercising those
powers or authorities permitted under this section but only
insofar as the restrictions, limitations, and requirements relate
to the specific exercise of the powers or authorities granted
credit unions solely under this section.
(4) As used in this section, "powers and authorities"
include, but are not limited to, powers and authorities in corporate governance matters. [2001 c 83 § 15; 1997 c 397 § 31.
Prior: 1994 c 256 § 75; 1994 c 92 § 187; 1987 c 338 § 1; 1984
c 31 § 15. Formerly RCW 31.12.136.]
31.12.404
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.408 Insurance required after December 31,
1998—Federal share insurance program or an equivalent
share insurance program—Director’s findings. (1) After
December 31, 1998, credit unions must be insured under the
federal share insurance program or an equivalent share insurance program as defined in this section. For the purposes of
this section an equivalent share insurance program is a program that: (a) Holds reserves proportionately equal to the
federal share insurance program; (b) maintains adequate
reserves and access to additional sources of funds through
replenishment features, reinsurance, or other sources of
funds; and (c) has share insurance contracts that reflect a
national geographic diversity.
(2) Before any credit union may insure its share deposits
with a share insurance program other than the federal share
insurance program, the director must make a finding that the
alternative share insurance program meets the standards set
forth in this section, following a public hearing and a report
31.12.408
[Title 31 RCW—page 27]
31.12.413
Title 31 RCW: Miscellaneous Loan Agencies
on the basis for such finding to the appropriate standing committees of the legislature. All such findings shall be made
before December 1st of any year and shall not take effect
until the end of the regular legislative session of the following
year.
(3) Any alternative share insurance program approved
under this section shall be reviewed annually by the director
to determine whether the program currently meets the standards in this section. The director shall prepare a written
report of his or her findings including supporting analysis and
forward the report to the appropriate standing committees of
the legislature. If the director finds that the alternative share
insurance program does not currently meet the standards of
this section the director shall notify all credit unions that
insure their shares under the alternative share insurance program, and shall include notice of a public hearing for the purpose of receiving comment on the director’s finding. Following the hearing the director may either rescind his or her finding or reaffirm the finding that the alternative share insurance
program does not meet the standards in this section. If the
finding is reaffirmed, the director shall order all credit unions
whose shares are insured with the alternative share insurance
program to file, immediately, an application with the national
credit union administration to convert to the federal share
insurance program. [1996 c 5 § 6; (1998 c 122 § 6 expired
July 1, 2001). Formerly RCW 31.12.039.]
Findings—Intent—1996 c 5: "The legislature finds that since its creation in 1975 the Washington credit union share guaranty association has
provided security to member share accounts and other valuable services to
members.
The legislature further finds that although during that period thirty
member credit unions have been required to liquidate or merge with other
members with the assistance of the association, no depositor has experienced
any loss.
The legislature further finds that the changing financial services environment, and ever-increasing competitive pressures have caused the association to review its operation and capacity with the result that the membership
has recommended an orderly dissolution, and now seeks the adoption of
standards and procedures by the legislature that will direct and ensure an
orderly transition to federal share insurance.
Therefore, it is the intent of the legislature to effectuate a fair and
orderly transition of association members to federal share insurance, and
provide the highest available level of safety for share accounts in keeping
with depositors’ expectations." [1996 c 5 § 1.]
Additional notes found at www.leg.wa.gov
31.12.413 Low-income credit unions—Director’s
approval required—Powers—Rules. (1) A credit union
may apply in writing to the director for designation as a lowincome credit union. The criteria for approval of this designation are as follows:
(a) At least fifty percent of a substantial and well-defined
segment of the credit union’s members or potential primary
members earn no more than eighty percent of the state or
national median income, whichever is higher;
(b) The credit union must submit an acceptable written
plan on marketing to and serving the well-defined segment;
(c) The credit union must agree to submit annual reports
to the director on its service to the well-defined segment; and
(d) The credit union must submit other information and
satisfy other criteria as may be required by the director.
(2)(a) Among other powers and authorities, a lowincome credit union may:
(i) Issue secondary capital accounts approved in advance
by the director upon application of the credit union; and
(ii) Accept shares and deposits from nonmembers.
(b) A secondary capital account is:
(i) Over one hundred thousand dollars, or a higher
amount as established by the director;
(ii) Nontransactional;
(iii) Owned by a nonnatural person; and
(iv) Subordinate to other creditors.
(3) The director may adopt rules for the organization and
operation of low-income credit unions including, but not limited to, rules concerning secondary capital accounts and
requiring disclosures to the purchasers of the accounts. [2001
c 83 § 16.]
MEMBERS’ ACCOUNTS
31.12.416 Shares and deposits governed by chapter
30.22 RCW—Limitation on shares and deposits—Notice
of withdrawal—Lien rights. (1) Shares held and deposits
made in a credit union by a natural person are governed by
chapter 30.22 RCW.
(2) A credit union may require ninety days notice of a
member’s intention to withdraw shares or deposits. The
notice requirement may be extended with the written consent
of the director.
(3) A credit union will have a lien on all shares and
deposits, including, but not limited to, dividends, interest,
and any other earnings and accumulations thereon, of any
share account holder or depositor, to the extent of any obligation owed to the credit union by the share account holder or
depositor. [1997 c 397 § 32. Prior: 1994 c 256 § 83; 1994 c
92 § 194; 1984 c 31 § 40. Formerly RCW 31.12.385.]
31.12.416
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.418 Dividends. Dividends may be declared from
the credit union’s earnings which remain after the deduction
of expenses, interest on deposits, and the amounts required
for reserves, or the dividends may be declared in whole or in
part from the undivided earnings that remain from preceding
periods. [1997 c 397 § 33; 1984 c 31 § 50. Formerly RCW
31.12.485.]
31.12.418
31.12.413
[Title 31 RCW—page 28]
LOANS TO MEMBERS
31.12.426 Loans to members—Secured or unsecured
loans. (1) A credit union may make secured and unsecured
loans to its members under policies established by the board,
subject to the loans to one borrower limits provided for in
RCW 31.12.428. Each loan must be evidenced by records
adequate to support enforcement or collection of the loan and
any review of the loan by the director. Loans must be in compliance with rules adopted by the director.
(2) A credit union may obligate itself to purchase loans
in accordance with RCW 31.12.436(1), if the credit union’s
underwriting policies would have permitted it to originate the
loans. [2001 c 83 § 17; 1997 c 397 § 34. Prior: 1994 c 256 §
84; 1994 c 92 § 195; 1987 c 338 § 6; 1984 c 31 § 42. Formerly
RCW 31.12.406.]
31.12.426
Findings—Construction—1994 c 256: See RCW 43.320.007.
(2010 Ed.)
Washington State Credit Union Act
31.12.428 Limit on loan amount. (1) No loan may be
made to any borrower if the loan would cause the borrower to
be indebted to the credit union on all types of loans in an
aggregated amount exceeding ten thousand dollars or twentyfive percent of the capital of the credit union, whichever is
greater, without the approval of the director.
(2) The director by rule may establish separate limits on
business loans to one borrower. [2001 c 83 § 18; 1997 c 397
§ 35; 1994 c 256 § 92. Formerly RCW 31.12.317.]
31.12.428
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
INVESTMENTS
31.12.436 Investment of funds. A credit union may
invest its funds in any of the following, as long as they are
deemed prudent by the board:
(1) Loans held by credit unions, out-of-state credit
unions, or federal credit unions; loans to members held by
other lenders; and loans to nonmembers held by other lenders, with the approval of the director;
(2) Bonds, securities, or other investments that are fully
guaranteed as to principal and interest by the United States
government, and general obligations of this state and its political subdivisions;
(3) Obligations issued by corporations designated under
31 U.S.C. Sec. 9101, or obligations, participations or other
instruments issued and guaranteed by the federal national
mortgage association, federal home loan mortgage corporation, government national mortgage association, or other
government-sponsored enterprise;
(4) Participations or obligations which have been subjected by one or more government agencies to a trust or trusts
for which an executive department, agency, or instrumentality of the United States has been named to act as trustee;
(5) Share or deposit accounts of other financial institutions, the accounts of which are federally insured or insured
or guaranteed by another insurer or guarantor approved by
the director. The shares and deposits made by a credit union
under this subsection may exceed the insurance or guarantee
limits established by the organization insuring or guaranteeing the institution into which the shares or deposits are made;
(6) Common trust or mutual funds whose investment
portfolios consist of securities issued or guaranteed by the
federal government or an agency of the government;
(7) Up to five percent of the capital of the credit union, in
debt or equity issued by an organization owned by the Washington credit union league;
(8) Shares, stocks, loans, or other obligations of organizations whose primary purpose is to strengthen, advance, or
provide services to the credit union industry or credit union
members. A credit union may in the aggregate invest an
amount not to exceed one percent of its assets in organizations under this subsection. In addition, a credit union may in
the aggregate lend an amount not to exceed one percent of its
assets to organizations under this subsection. These limits do
not apply to investments in, and loans to, an organization:
(a) That is wholly owned by one or more credit unions or
federal or out-of-state credit unions; and
(b) Whose activities are limited exclusively to those
authorized by this chapter for a credit union;
31.12.436
(2010 Ed.)
31.12.461
(9) Loans to credit unions, out-of-state credit unions, or
federal credit unions. The aggregate of loans issued under
this subsection is limited to twenty-five percent of the total
shares and deposits of the lending credit union;
(10) Key person insurance policies, the proceeds of
which inure exclusively to the benefit of the credit union; or
(11) Other investments approved by the director upon
written application. [2001 c 83 § 19; 1997 c 397 § 36. Prior:
1994 c 256 § 86; 1994 c 92 § 197; 1987 c 338 § 7; 1984 c 31
§ 44. Formerly RCW 31.12.425.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.438 Investment in real property or leasehold
interests for own use—Future expansion. (1) A credit
union may invest in real property or leasehold interests primarily for its own use in conducting business, including, but
not limited to, structures and fixtures attached to real property, subject to the following limitations:
(a) The credit union’s net worth equals at least five percent of the total of its share and deposit accounts;
(b) The board approves the investment; and
(c) The aggregate of all such investments does not
exceed seven and one-half percent of the total of its share and
deposit accounts.
(2) If the real property or leasehold interest is acquired
for future expansion, the credit union must satisfy the use
requirement in subsection (1) of this section within three
years after the credit union makes the investment.
(3) The director may, upon written application, waive
any of the limitations listed in subsection (1) or (2) of this
section. [2001 c 83 § 20; 1997 c 397 § 37. Prior: 1994 c 256
§ 87; 1994 c 92 § 198; 1984 c 31 § 45. Formerly RCW
31.12.435.]
31.12.438
Findings—Construction—1994 c 256: See RCW 43.320.007.
MERGERS, CONVERSIONS, AND
VOLUNTARY LIQUIDATIONS
31.12.461 Mergers. (1) For purposes of this section,
the merging credit union is the credit union whose charter
ceases to exist upon merger with the continuing credit union.
The continuing credit union is the credit union whose charter
continues upon merger with the merging credit union.
(2) A credit union may be merged with another credit
union with the approval of the director and in accordance
with requirements the director may prescribe. The merger
must be approved by a two-thirds majority vote of the board
of each credit union and a two-thirds majority vote of those
members of the merging credit union voting on the merger at
a membership meeting. The requirement of approval by the
members of the merging credit union may be waived by the
director if the merging credit union is in imminent danger of
insolvency.
(3) The property, rights, and interests of the merging
credit union transfer to and vest in the continuing credit union
without deed, endorsement, or instrument of transfer,
although instruments of transfer may be used if their use is
deemed appropriate. The debts and obligations of the merging credit union that are known or reasonably should be
known are assumed by the continuing credit union. The con31.12.461
[Title 31 RCW—page 29]
31.12.464
Title 31 RCW: Miscellaneous Loan Agencies
tinuing credit union shall cause to be published notice of
merger once a week for three consecutive weeks in a newspaper of general circulation in the county in which the principal
place of business of the merging credit union is located. The
notice of merger must also inform creditors of the merging
credit union how to make a claim on the continuing credit
union, and that if a claim is not made upon the continuing
credit union within thirty days of the last date of publication,
creditors’ claims that are not known by the continuing credit
union may be barred. Except for claims filed as requested by
the notice, or debts or obligations that are known or reasonably should be known by the continuing credit union, the
debts and obligations of the merging credit union are discharged. Upon merger, the charter of the merging credit
union ceases to exist.
(4) Mergers are effective after the thirty-day notice
period to creditors and all regulatory waiting periods have
expired, and upon filing of the credit union’s articles of
merger by the secretary of state, or a later date stated in the
articles, which in no event may be later than ninety days after
the articles are filed. [2001 c 83 § 21; 1997 c 397 § 40. Prior:
1994 c 256 § 91; 1994 c 92 § 220; 1987 c 338 § 8; 1984 c 31
§ 71. Formerly RCW 31.12.695.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.464 Merger or conversion of state into federal,
out-of-state, or foreign credit union, or other type of
financial institution. (1) A credit union may merge or convert into a federal credit union as authorized by the federal
credit union act. The merger or conversion must be approved
by a two-thirds majority vote of those credit union members
voting at a membership meeting.
(2) If the merger or conversion is approved by the members, a copy of the resolution certified by the secretary must
be filed with the director within ten days of approval. The
board may effect the merger or conversion upon terms agreed
by the board and the federal regulator.
(3) A certified copy of the federal credit union charter or
authorization issued by the federal regulator must be filed
with the director and thereupon the credit union ceases to
exist except for the purpose of winding up its affairs and
prosecuting or defending any litigation by or against the
credit union. For all other purposes, the credit union is
merged or converted into a federal credit union and the credit
union may execute, acknowledge, and deliver to the successor federal credit union the instruments of transfer, conveyance, and assignment that are necessary or desirable to complete the merger or conversion, and the property, tangible or
intangible, and all rights, titles, and interests that are agreed
to by the board and the federal regulator.
(4) Mergers and conversions are effective after all applicable regulatory waiting periods have expired and upon filing
of the credit union’s articles of merger or articles of conversion, as appropriate, by the secretary of state, or a later date
stated in the articles, which in no event may be later than
ninety days after the articles are filed.
(5) Procedures, similar to those contained in subsections
(1) through (4) of this section, prescribed by the director must
be followed when a credit union merges or converts into an
out-of-state or foreign credit union, or other type of financial
31.12.464
[Title 31 RCW—page 30]
institution. [2001 c 83 § 22; 1997 c 397 § 41; 1994 c 92 §
221; 1984 c 31 § 72. Formerly RCW 31.12.705.]
31.12.467 Merger or conversion of federal, out-ofstate, or foreign to state credit union. (1) A federal credit
union located and conducting business in this state may
merge or convert into a credit union organized and operating
under this chapter.
(2) In the case of a conversion, the board of the federal
credit union shall file with the director proposed articles of
incorporation and bylaws, as provided by this chapter for
organizing a new credit union. If the conversion is approved
by the director, the federal credit union becomes a credit
union under the laws of this state.
(3) The assets and liabilities of the federal credit union
will vest in and become the property of the successor credit
union subject to all existing liabilities against the federal
credit union. Members of the federal credit union may
become members of the successor credit union.
(4) Mergers and conversions are effective after all applicable regulatory waiting periods have expired and upon filing
of the federal credit union’s articles of merger or articles of
conversion, as appropriate, by the secretary of state, or a later
date stated in the articles, which in no event may be later than
ninety days after the articles are filed.
(5) Procedures, similar to those contained in subsections
(1) through (4) of this section, prescribed by the director must
be followed when an out-of-state or foreign credit union
wishes to merge or convert into a credit union organized and
operating under this chapter. [2001 c 83 § 23; 1997 c 397 §
42; 1994 c 92 § 222; 1984 c 31 § 73. Formerly RCW
31.12.715.]
31.12.467
31.12.471 Authority of out-of-state or foreign credit
union to operate in this state—Conditions. (1) An out-ofstate or foreign credit union may not operate a branch in
Washington unless:
(a) The director has approved its application in accordance with this section;
(b) A credit union organized and operating under this
chapter is permitted to do business in the state or foreign
jurisdiction in which the credit union is organized;
(c) The interest rate charged by the credit union on loans
made to members residing in this state does not exceed the
maximum interest rate permitted in the state or jurisdiction in
which the credit union is organized, or exceed the maximum
interest rate that a credit union organized and operating under
this chapter is permitted to charge on similar loans, whichever is lower;
(d) The credit union has secured surety bond and fidelity
bond coverages satisfactory to the director;
(e) The credit union’s share and deposit accounts are
insured under the federal share insurance program or an
equivalent share insurance program in compliance with RCW
31.12.408;
(f) The credit union submits to the director an annual
examination report of its most recently completed fiscal year;
(g) The credit union has not had its authority to do business in another state or foreign jurisdiction suspended or
revoked;
31.12.471
(2010 Ed.)
Washington State Credit Union Act
(h) The credit union complies with:
(i) The provisions concerning field of membership in this
chapter and rules adopted by the director; and
(ii) Such other provisions of this chapter and rules
adopted by the director, as determined by the director; and
(i) In addition, if the credit union is a foreign credit
union:
(i) A treaty or agreement between the United States and
the jurisdiction where the credit union is organized requires
the director to permit the credit union to operate a branch in
Washington; and
(ii) The director determines that the credit union has substantially the same characteristics as a credit union organized
and operating under this chapter.
(2) The director shall deny an application filed under this
section or, upon notice and an opportunity for hearing, suspend or revoke the approval of an application, if the director
finds that the standards of organization, operation, and regulation of the applicant do not reasonably conform with the
standards under this chapter. In considering the standards of
organization, operation, and regulation of the applicant, the
director may consider the laws of the state or foreign jurisdiction in which the applicant is organized. A decision under this
subsection may be appealed under chapter 34.05 RCW.
(3) In implementing this section, the director may cooperate with credit union regulators in other states or jurisdictions and may share with the regulators the information
received in the administration of this chapter.
(4) The director may enter into supervisory agreements
with out-of-state and foreign credit unions and their regulators to prescribe the applicable laws governing the powers
and authorities of Washington branches of the out-of-state or
foreign credit unions. The director may also enter into supervisory agreements with the credit union regulators in other
states or foreign jurisdictions to prescribe the applicable laws
governing the powers and authorities of out-of-state or foreign branches and other facilities of credit unions.
The agreements may address, but are not limited to, corporate governance and operational matters. The agreements
may resolve any conflict of laws, and specify the manner in
which the examination, supervision, and application processes must be coordinated with the regulators.
The director may adopt rules for the periodic examination and investigation of the affairs of an out-of-state or foreign credit union operating a branch in this state. [2001 c 83
§ 24; 1997 c 397 § 43. Prior: 1994 c 256 § 88; 1994 c 92 §
205; 1984 c 31 § 54. Formerly RCW 31.12.526.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
31.12.474 Liquidation—Disposition of unclaimed
funds. (1) At a special meeting called for the purpose of liquidation, and upon the recommendation of at least two-thirds
of the total members of the board of a credit union, the members of a credit union may elect to liquidate the credit union
by a two-thirds majority vote of those members voting.
(2) Upon a vote to liquidate under subsection (1) of this
section, a three-person liquidating committee must be elected
to liquidate the assets of the credit union. The committee
shall act in accordance with any requirements of the director
and may be reasonably compensated by the board of the
31.12.474
(2010 Ed.)
31.12.516
credit union. Each share account holder and depositor at the
credit union is entitled to his, her, or its proportionate part of
the assets in liquidation after all shares, deposits, and debts
have been paid. The proportionate allocation shall be based
on account balances as of a date determined by the board. For
the purposes of liquidation, shares and deposits are equivalent. The assets of the liquidating credit union are not subject
to contingent liabilities. Upon distribution of the assets, the
credit union ceases to exist except for the purpose of discharging existing liabilities and obligations.
(3) Funds representing unclaimed dividends in liquidation and remaining in the hands of the liquidating committee
for six months after the date of the final dividend must be
deposited, together with all the books and papers of the credit
union, with the director. The director may, one year after
receipt, destroy such records, books, and papers as, in the
director’s judgment, are obsolete or unnecessary for future
reference. The funds may be deposited in one or more financial institutions to the credit of the director, in trust for the
members of the credit union entitled to the funds. The director may pay a portion of the funds to a person upon receipt of
satisfactory evidence that the person is entitled to the funds.
In case of doubt or conflicting claims, the director may
require an order of the superior court of the county in which
the principal place of business of the credit union was
located, authorizing and directing the payment of the funds.
The director may apply the interest earned by the funds
toward defraying the expenses incurred in the holding and
paying of the funds. Five years after the receipt of the funds,
the funds still remaining with the director must be remitted to
the state as unclaimed property. [2001 c 83 § 25; 1997 c 397
§ 44; 1994 c 92 § 223; 1984 c 31 § 74. Formerly RCW
31.12.725.]
Uniform unclaimed property act: Chapter 63.29 RCW.
EXAMINATION AND SUPERVISION
31.12.516 Powers of director. (1) The powers of
supervision and examination of credit unions and other persons subject to this chapter and chapter 31.13 RCW are
vested in the director. The director shall require each credit
union to conduct business in compliance with this chapter
and may require each credit union to conduct business in
compliance with other state and federal laws that apply to
credit unions. The director has the power to commence and
prosecute actions and proceedings, to enjoin violations, and
to collect sums, including fines, due the state of Washington
from a credit union.
(2) The director may adopt such rules as are reasonable
or necessary to carry out the purposes of this chapter and
chapter 31.13 RCW. Chapter 34.05 RCW will, whenever
applicable, govern the rights, remedies, and procedures
respecting the administration of this chapter.
(3) The director may by rule provide appropriate relief
for small credit unions from requirements under this chapter
or rules of the director. However, small credit unions must
still comply with RCW 31.12.408.
(4) The director shall have the power and broad administrative discretion to administer and interpret the provisions of
this chapter and chapter 31.13 RCW, to facilitate the delivery
of financial services to the members of a credit union.
31.12.516
[Title 31 RCW—page 31]
31.12.518
Title 31 RCW: Miscellaneous Loan Agencies
(5) Nonfederally insured credit unions, nonfederally
insured out-of-state credit unions, and nonfederally insured
foreign credit unions operating in this state as permitted by
RCW 31.12.408 and 31.12.471, as applicable, must comply
with safety and soundness requirements established by the
director.
(6) The director may charge fees to credit unions and
other persons subject to examination and investigation under
this chapter and chapter 31.13 RCW, and to other parties
where the division contracts out its services, in order to cover
the costs of the operation of the division of credit unions, and
to establish a reasonable reserve for the division. The director may waive all or a portion of the fees. [2010 c 87 § 4;
2001 c 83 § 26; 1997 c 397 § 45; 1994 c 92 § 204; 1984 c 31
§ 53.]
31.12.518 Powers of director under chapter 19.144
RCW. The director or the director’s designee may take such
action as provided for in this chapter to enforce, investigate,
or examine persons covered by chapter 19.144 RCW. [2008
c 108 § 17.]
31.12.518
Findings—2008 c 108: See RCW 19.144.005.
31.12.545 Examinations and investigations—
Reports—Access to records—Oaths—Subpoenas. (1)
The director shall make an examination and investigation
into the affairs of each credit union at least once every eighteen months, unless the director determines with respect to a
credit union, that a less frequent examination schedule will
satisfactorily protect the financial stability of the credit union
and will satisfactorily assure compliance with the provisions
of this chapter.
(2) In regard to credit unions, and out-of-state and foreign credit unions permitted to operate a branch in Washington pursuant to RCW 31.12.471, the director:
(a) Shall have full access to the credit union’s books and
records and files, including but not limited to computer files;
(b) May appraise and revalue the credit union’s investments; and
(c) May require the credit union to charge off or set up a
special reserve for loans and investments.
(3) The director may make an examination and investigation into the affairs of:
(a) An out-of-state or foreign credit union permitted to
operate a branch in Washington pursuant to RCW 31.12.471;
(b) A nonpublicly held organization, or its subsidiary, in
which a credit union has a material investment;
(c) A publicly held organization the capital stock or
equity of which is controlled by a credit union;
(d) A credit union service organization, or any tier subsidiary of a credit union service organization, in which a
credit union has an interest;
(e) An organization that is not a credit union, out-of-state
credit union, federal credit union, or foreign credit union, and
that has a majority interest in a credit union service organization in which a credit union has an interest;
(f) A sole proprietorship or organization primarily in the
business of managing one or more credit unions;
(g) A person providing electronic data processing services to a credit union; and
31.12.545
[Title 31 RCW—page 32]
(h) A corporation or other business entity that provides
alternative share insurance in accordance with RCW
31.12.408.
The director shall have full access to the books, records,
personnel, and files, including but not limited to computer
files, of persons described in this subsection.
(4) In connection with examinations and investigations,
the director may:
(a) Administer oaths and examine under oath any person
concerning the affairs of any credit union or of any person
described in subsection (3) of this section; and
(b) Issue subpoenas to and require the attendance and
testimony of any person at any place within this state, and
require witnesses to produce any books and records and files,
including but not limited to computer files, that are material
to an examination or investigation.
(5) The director may accept in lieu of an examination
under this section:
(a) The report of an examiner authorized to examine a
credit union or an out-of-state, federal, or foreign credit
union, or other financial institution; or
(b) The report of an accountant, satisfactory to the director, who has made and submitted a report of the condition of
the affairs of a credit union or an out-of-state, federal, or foreign credit union, or other financial institution. The director
may accept all or part of such a report in lieu of all or part of
an examination. The accepted report or accepted part of the
report has the same force and effect as an examination under
this section. [2010 c 87 § 5; 2001 c 83 § 27; 1997 c 397 § 46;
1994 c 92 § 207; 1984 c 31 § 56.]
31.12.565 Examination reports and specified other
information confidential—Exceptions—Penalty. (1) The
following are confidential and privileged and not subject to
public disclosure under chapter 42.56 RCW:
(a) Examination reports and information obtained by the
director in conducting examinations and investigations under
this chapter and chapter 31.13 RCW;
(b) Examination reports and related information from
other financial institution regulators obtained by the director;
(c) Reports or parts of reports accepted in lieu of an
examination under RCW 31.12.545; and
(d) Business plans and other proprietary information
obtained by the director in connection with a credit union’s
application or notice to the director.
(2) Notwithstanding subsection (1) of this section, the
director may furnish examination reports[,] work papers,
final orders, or other information obtained in the conduct of
an examination or investigation prepared by the director to:
(a) Federal agencies empowered to examine credit
unions or other financial institutions;
(b) Officials empowered to investigate criminal charges.
The director may furnish only that part of the report which is
necessary and pertinent to the investigation, and only after
notifying the affected credit union and members of the credit
union who are named in that part of the examination report,
or other person examined, that the report is being furnished to
the officials, unless the officials requesting the report obtain
a waiver of the notice requirement for good cause from a
court of competent jurisdiction;
31.12.565
(2010 Ed.)
Washington State Credit Union Act
(c) The examined credit union or other person examined,
solely for its confidential use;
(d) The attorney general in his or her role as legal advisor
to the director;
(e) Prospective merger partners or conservators, receivers, or liquidating agents of a distressed credit union;
(f) Credit union regulators in other states or foreign jurisdictions regarding an out-of-state or foreign credit union conducting business in this state under this chapter, or regarding
a credit union conducting business in the other state or jurisdiction;
(g) A person officially connected with the credit union or
other person examined, as officer, director, supervisory committee member, attorney, auditor, accountant, independent
attorney, independent auditor, or independent accountant;
(h) Organizations that have bonded the credit union to
the extent that information is relevant to the renewal of the
bond coverage or to a claim under the bond coverage;
(i) Organizations insuring or guaranteeing the shares of,
or deposits in, the credit union; or
(j) Other persons as the director may determine necessary to protect the public interest and confidence.
(3) Examination reports, work papers, temporary and
final orders, consent orders, and other information obtained
in the conduct of an examination or investigation furnished
under subsection (2) of this section remain the property of the
director and no person to whom reports are furnished or any
officer, director, or employee thereof may disclose or make
public the reports or information contained in the reports
except in published statistical information that does not disclose the affairs of a person, except that nothing prevents the
use in a criminal prosecution of reports furnished under subsection (2)(b) of this section.
(4) In a civil action in which the reports or information
are sought to be discovered or used as evidence, a party may,
upon notice to the director, petition the court for an in-camera
review of the reports or information. The court may permit
discovery and introduction of only those portions of the
report or information which are relevant and otherwise unobtainable by the requesting party. This subsection does not
apply to an action brought or defended by the director.
(5) This section does not apply to investigation reports
prepared by the director concerning an application for a new
credit union or a notice of intent to establish a branch of a
credit union, except that the director may adopt rules making
portions of the reports confidential, if in the director’s opinion the public disclosure of that portion of the report would
impair the ability to obtain information the director considers
necessary to fully evaluate the application.
(6) Any person who knowingly violates a provision of
this section is guilty of a gross misdemeanor. [2010 c 87 § 6;
2005 c 274 § 254; 2001 c 83 § 28; 1997 c 397 § 48. Prior:
1994 c 256 § 90; 1994 c 92 § 209; 1984 c 31 § 58.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Examination reports and information from financial institutions exempt:
RCW 42.56.400.
31.12.567 Reports—Financial and statistical data—
As required by director. A credit union shall file with the
31.12.567
(2010 Ed.)
31.12.585
director any financial and statistical report that it is required
to file with the national credit union administration. Each
report must be certified by the principal operating officer of
the credit union. In addition, a credit union shall file reports
as may be required by the director. [2001 c 83 § 29; 1997 c
397 § 49.]
31.12.569 Generally accepted accounting principles.
Credit unions will comply with the provisions of United
States generally accepted accounting principles as required
by federal law or rule of the director. In adopting rules to
implement this section, the director shall consider, among
other relevant factors, whether to transition small credit
unions to generally accepted accounting principles over a
period of time. [2010 c 87 § 7; 2001 c 83 § 30; 1997 c 397 §
50.]
31.12.569
Additional notes found at www.leg.wa.gov
31.12.571 Notice of intent to establish branch—
Another state or foreign jurisdiction. A credit union desiring to establish a branch in another state or a foreign jurisdiction shall submit to the director a notice of intent to establish
the branch at least thirty days before conducting business at
the branch. [2001 c 83 § 31; 1997 c 397 § 51; 1994 c 92 §
190; 1984 c 31 § 23. Formerly RCW 31.12.215.]
31.12.571
31.12.575 Removal or prohibition orders—Director’s authority—Notice. The director may issue and serve a
credit union director, supervisory committee member,
officer, or employee with written notice of intent to remove
the person from office or employment or to prohibit the person from participating in the conduct of the affairs of the
credit union or any credit union doing business in Washington state in accordance with RCW 31.12.625 whenever, in
the opinion of the director:
(1)(a) The person has committed a material violation of
law or an unsafe or unsound practice; or
(b) The person has committed a violation or practice
involving personal dishonesty, recklessness, or incompetence; and
(2)(a) The credit union has suffered or is likely to suffer
substantial financial loss or other damage; or
(b) The interests of the credit union’s share account holders and depositors could be seriously prejudiced by reason of
the violation or practice. [2010 c 87 § 8; 2001 c 83 § 32; 1997
c 397 § 52; 1994 c 92 § 210; 1984 c 31 § 59.]
31.12.575
31.12.585 Prohibited acts—Notice—Cease and desist
order. The director may issue and serve any entity regulated
by this chapter with a written notice of charges and intent to
issue a cease and desist order if, in the opinion of the director,
the regulated entity has committed or is about to commit:
(1) A material violation of law; or
(2) An unsafe or unsound practice.
Upon taking effect, the order may require the regulated
entity and its directors, supervisory committee members,
officers, employees, and agents to cease and desist from the
violation or practice and may require them to take affirmative
action to correct the conditions resulting from the violation or
31.12.585
[Title 31 RCW—page 33]
31.12.595
Title 31 RCW: Miscellaneous Loan Agencies
practice. [2010 c 87 § 9; 2001 c 83 § 33; 1997 c 397 § 53;
1994 c 92 § 211; 1984 c 31 § 60.]
31.12.595 Temporary cease and desist order—
Notice—Principal place of business—Superior court. (1)
If the director determines that the violation or practice specified in RCW 31.12.585 is likely to cause an unsafe or
unsound condition at the credit union, the director may issue
and serve a temporary cease and desist order. The order may
require the credit union and its directors, supervisory committee members, officers, employees, and agents to cease and
desist from the violation or practice and may require them to
take affirmative action to correct the conditions resulting
from the violation or practice.
(2) With the temporary order, the director shall serve a
notice of charges and intent to issue a cease and desist order
under RCW 31.12.585 in the matter.
(3) The temporary order becomes effective upon service
on the credit union and remains effective until completion of
the administrative proceedings under the notice issued under
subsection (2) of this section.
(4) Within ten days after a credit union has been served
with a temporary order, the credit union may apply to the
superior court in the county of its principal place of business
for an injunction setting aside, limiting, or suspending the
order pending the completion of the administrative proceedings under the notice issued under subsection (2) of this section.
(5) In the case of a violation or threatened violation of a
temporary order, the director may apply to the superior court
of the county of the principal place of business of the credit
union for an injunction to enforce the order, and the court
shall issue an injunction if it determines that there has been a
violation or threatened violation.
(6) For the purposes of this section, the principal place of
business of a foreign or out-of-state credit union is Thurston
county. [2010 c 87 § 10; 2001 c 83 § 34; 1997 c 397 § 54;
1994 c 92 § 212; 1984 c 31 § 61.]
31.12.595
31.12.625 Administrative hearing—Procedures. An
administrative hearing on the notice provided for in RCW
31.12.575 and 31.12.585 must be conducted in accordance
with chapter 34.05 RCW, and may be conducted by the director or the director’s designee. To the extent the requirements
of this chapter are inconsistent with chapter 34.05 RCW, this
chapter will govern. The hearing may be held at such place
as is designated by the director. The hearing shall be private
unless the director determines that a public hearing is necessary to protect the public interest after fully considering the
views of the party afforded the hearing. [2010 c 87 § 11;
2001 c 83 § 35; 1997 c 397 § 56; 1994 c 92 § 214; 1984 c 31
§ 64.]
31.12.625
31.12.630 Authority of director to call special meeting of board. The director may request a special meeting of
the board of a credit union if the director believes that a special meeting is necessary for the welfare of the credit union or
the purposes of this chapter. The director’s request for a special board meeting must be made in writing to the secretary of
the board and the request must be handled in the same man31.12.630
[Title 31 RCW—page 34]
ner as a call for a special meeting under RCW 31.12.195. The
director may require the attendance of all of the directors at
the special board meeting, and an absence unexcused by the
director constitutes a violation of this chapter. [1997 c 397 §
58; 1994 c 92 § 216; 1984 c 31 § 67. Formerly RCW
31.12.655.]
31.12.633 Authority of director to attend meetings of
the board. The director may attend a meeting of the board of
a credit union if the director believes that attendance at the
meeting is necessary for the welfare of the credit union, or the
purposes of this chapter, or if the board has requested the
director’s attendance. The director shall provide reasonable
notice to the board before attending a meeting. [1997 c 397 §
59; 1994 c 92 § 217; 1984 c 31 § 68. Formerly RCW
31.12.665.]
31.12.633
31.12.637 Intervention by director—Conditions. The
director may place a credit union under supervisory direction
in accordance with RCW 31.12.641 through 31.12.647,
appoint a conservator for a credit union in accordance with
RCW 31.12.651 through 31.12.661, appoint a liquidating
agent for a credit union in accordance with RCW 31.12.664
and 31.12.667, or appoint a receiver for a credit union in
accordance with RCW 31.12.671 through 31.12.724, if the
credit union:
(1) Consents to the action;
(2) Has failed to comply with the requirements of the
director while the credit union is under supervisory direction;
(3) Has committed or is about to commit a material violation of law or an unsafe or unsound practice, and such violation or practice has caused or is likely to cause an unsafe or
unsound condition at the credit union; or
(4) Is in an unsafe or unsound condition. [1997 c 397 §
60.]
31.12.637
31.12.641 Supervision by director—Notice—Compliance—Costs. (1) As authorized by RCW 31.12.637, the
director may determine to place a credit union under supervisory direction. Upon such a determination, the director shall
notify the credit union in writing of:
(a) The director’s determination; and
(b) Any requirements that must be satisfied before the
director shall terminate the supervisory direction.
(2) The credit union must comply with the requirements
of the director as provided in the notice. If the credit union
fails to comply with the requirements, the director may
appoint a conservator, liquidating agent, or receiver for the
credit union, in accordance with this chapter. The director
may appoint a representative to supervise the credit union
during the period of supervisory direction.
(3) All costs incident to supervisory direction will be a
charge against the assets of the credit union to be allowed and
paid as the director may determine. [1997 c 397 § 61.]
31.12.641
31.12.644 Supervision by director—Certain acts prohibited. During the period of supervisory direction, the
director may prohibit the credit union from engaging in any
of the following acts without prior approval:
31.12.644
(2010 Ed.)
Washington State Credit Union Act
(1) Disposing of, conveying, or encumbering any of its
assets;
(2) Withdrawing any of its accounts at other financial
institutions;
(3) Lending any of its funds;
(4) Investing any of its funds;
(5) Transferring any of its property; or
(6) Incurring any debt, obligation, or liability. [1997 c
397 § 62.]
31.12.647 Supervision by director—Credit union
request for review. During the period of supervisory direction, the credit union may request the director to review an
action taken or proposed to be taken by the representative,
specifying how the action is not in the best interests of the
credit union. The request stays the action, pending the director’s review of the request. [1997 c 397 § 63.]
31.12.647
31.12.667
the director to review an action taken or proposed to be taken
by the conservator, specifying how the action is not in the
best interest of the credit union. The request stays the action,
pending the director’s review of the request. [1997 c 397 §
65.]
31.12.657 Lawsuits during period of conservatorship. Any suit filed against a credit union or its conservator,
during the period of conservatorship, must be brought in the
superior court of Thurston county. A conservator for a credit
union may file suit in any superior court or other court of
competent jurisdiction against any person for the purpose of
preserving, protecting, or recovering any asset or property of
the credit union, including, but not limited to, any claims or
causes of action belonging to or asserted by the credit union.
[1997 c 397 § 66.]
31.12.657
31.12.661 Conservator serves until purposes are
accomplished. The conservator shall serve until the purposes of the conservatorship have been accomplished. If
rehabilitated, the credit union must be returned to management or new management under such conditions as the director may determine. [1997 c 397 § 67.]
31.12.661
31.12.651 Conservator—Authorized actions—Costs.
(1) As authorized by RCW 31.12.637, the director may, upon
due notice and hearing conducted by the director or the director’s designee, appoint a conservator for a credit union. The
director may appoint himself or herself or another qualified
party as conservator of the credit union. The conservator
shall immediately take charge of the credit union and all of its
property, books, records, and effects.
(2) The conservator shall conduct the business of the
credit union and take such steps toward the removal of the
causes and conditions that have necessitated the appointment
of a conservator, as the director may direct. The conservator
is authorized to, without limitation:
(a) Take all necessary measures to preserve, protect, and
recover any assets or property of the credit union, including
any claim or cause of action belonging to or which may be
asserted by the credit union, and administer the same in his or
her own name as conservator; and
(b) File, prosecute, and defend any suit that has been
filed or may be filed by or against the credit union that is
deemed by the conservator to be necessary to protect all of
the interested parties or a property affected thereby.
The conservator shall make such reports to the director
from time to time as may be required by the director.
(3) All costs incident to conservatorship will be a charge
against the assets of the credit union to be allowed and paid as
the director may determine.
(4) If at any time the director determines that the credit
union is not in condition to continue business under the conservator in the interest of its share account holders, depositors, or creditors, and grounds exist under RCW 31.12.637,
the director may proceed with appointment of a liquidating
agent or receiver in accordance with this chapter.
(5) The director, the department and its employees, and
third parties acting as conservators are not subject to liability
for actions under this section, and no departmental funds may
be required to be expended on behalf of the credit union, or
its creditors, employees, members, or any other party or
entity. [2010 c 87 § 12; 1997 c 397 § 64.]
31.12.651
31.12.654 Actions by conservator—Review. During
the period of conservatorship, the credit union may request
31.12.654
(2010 Ed.)
31.12.664 Liquidation—Suspension or revocation of
articles—Placement in involuntary liquidation—
Appointment of liquidating agent—Notice—Procedure—
Effect. (1) As authorized by RCW 31.12.637, the director
may appoint a liquidating agent for a credit union. Before
appointing a liquidating agent, the director shall issue and
serve notice on the credit union an order directing the credit
union to show cause why its articles of incorporation should
not be suspended or revoked, in accordance with chapter
34.05 RCW.
(2) If the credit union fails to adequately show cause, the
director shall serve the credit union with an order directing
the suspension or revocation of the articles of incorporation,
placing the credit union in involuntary liquidation, appointing a liquidating agent under this section and RCW
31.12.667, and providing a statement of the findings on
which the order is based.
(3) The suspension or revocation must be immediate and
complete. Once the articles of incorporation are suspended or
revoked, the credit union shall cease conducting business.
The credit union may not accept any payment to share or
deposit accounts, may not grant or pay out any new or previously approved loans, may not invest any of its assets, and
may not declare or pay out any previously declared dividends. The liquidating agent of a credit union whose articles
have been suspended or revoked may accept payments on
loans previously paid out and may accept income from
investments already made. [1997 c 397 § 68; 1994 c 92 §
218; 1984 c 31 § 69. Formerly RCW 31.12.675.]
31.12.664
31.12.667 Order directing involuntary liquidation—
Procedure. (1) On receipt of the order placing the credit
union in involuntary liquidation, the officers and directors of
the credit union shall deliver to the liquidating agent possession and control of all books, records, assets, and property of
the credit union.
31.12.667
[Title 31 RCW—page 35]
31.12.671
Title 31 RCW: Miscellaneous Loan Agencies
(2) The liquidating agent shall proceed to convert the
assets to cash, collect all debts due to the credit union and
wind up its affairs in accordance with any instructions and
procedures issued by the director. If a liquidating agent
agrees to absorb and serve the membership of the credit
union, the director may approve a pooling of assets and liabilities rather than a distribution of assets.
(3) Each share account holder and depositor at the credit
union is entitled to a proportionate allocation of the assets in
liquidation after all shares, deposits, and debts have been
paid.
The proportionate allocation shall be based on account
balances as of a date determined by the board. For the purposes of liquidation, shares and deposits are equivalent.
(4) The liquidating agent shall cause a notice of liquidation to be published once a week for three consecutive weeks
in a newspaper of general circulation in the county in which
the principal place of business of the credit union is located.
The notice of liquidation must inform creditors of the credit
union on how to make a claim upon the liquidating agent, and
that if a claim is not made upon the liquidating agent within
thirty days of the last date of publication, the creditor’s claim
is barred. The liquidating agent shall provide personal notice
of liquidation to the creditors of record, informing them that
if they fail to make a claim upon the liquidating agent within
thirty days of the service of the notice, the creditor’s claim is
barred. If a creditor fails to make a claim upon the liquidating
agent within the times required to be specified in the notices
of liquidation, the creditor’s claim is barred. All contingent
liabilities of the credit union are discharged upon the director’s order to liquidate the credit union. The liquidating agent
shall, upon completion, certify to the director that the distribution or pooling of assets of the credit union is complete.
[1997 c 397 § 69; 1994 c 92 § 219; 1984 c 31 § 70. Formerly
RCW 31.12.685.]
31.12.671 Receivership—Appointment of receiver by
director—Notice—Act without bond. (1) As authorized by
RCW 31.12.637, the director may without prior notice
appoint a receiver to take possession of a credit union. The
director may appoint the national credit union administration
or other qualified party as receiver. Upon appointment, the
receiver is authorized to act without bond. Upon acceptance
of the appointment, the receiver shall have and possess all the
powers and privileges provided by the laws of this state with
respect to the receivership of a credit union, and be subject to
all the duties of and restrictions applicable to such a receiver,
except insofar as such powers, privileges, duties, or restrictions are in conflict with any applicable provision of the federal credit union act.
Upon taking possession of the credit union, the receiver
shall give written notice to the directors of the credit union
and to all persons having possession of any assets of the
credit union. No person with knowledge of the taking of possession by the receiver shall have a lien or charge for any payment advanced, clearance made, or liability incurred against
any of the assets of the credit union, after the receiver takes
possession, unless approved by the receiver.
(2) The director, the department and its employees, and
any third-party receiver acting on behalf of the department
are not subject to liability for actions taken pursuant to
31.12.671
[Title 31 RCW—page 36]
appointment of a receiver under this section. Funds of the
department may not be required to be expended on behalf of
the credit union or its members, directors, officers, employees, or any other person. [2010 c 87 § 13; 1997 c 397 § 70.]
31.12.674 Receiver may be required to show cause—
Principal place of business—Superior court. Within ten
days after the receiver takes possession of a credit union’s
assets, the credit union may serve notice upon the receiver to
appear before the superior court of the county in which the
principal place of business of the credit union is located and
at a time to be fixed by the court, which may not be less than
five or more than fifteen days from the date of the service of
the notice, to show cause why the credit union should not be
restored to the possession of its assets. For the purposes of
this section, the principal place of business of a foreign or
out-of-state credit union is Thurston county.
The court shall summarily hear and dismiss the complaint if it finds that the receiver was appointed for cause.
However, if the court finds that no cause existed for appointment of the receiver, the court shall require the receiver to
restore the credit union to possession of its assets and enjoin
the director from further appointment of a receiver for the
credit union without cause. [2010 c 87 § 14; 1997 c 397 §
71.]
31.12.674
31.12.677 Powers and duties of receiver. Upon taking
possession of a credit union, the receiver shall proceed to collect the assets of the credit union and preserve, administer,
and liquidate its business and assets.
With the approval of the Thurston county superior court
or the superior court of the county in which the principal
place of business of the credit union is located, the receiver
may sell, compound, or compromise bad or doubtful debts,
and upon such terms as the court may direct, borrow, mortgage, pledge, or sell all or any part of the real and personal
property of the credit union. The receiver may deliver to each
purchaser or lender an appropriate deed, mortgage, agreement of pledge, or other instrument of title or security. The
receiver may employ an attorney or other assistants to assist
in carrying out the receivership, subject to such surety bond
as the director may require. The premium for any such bond
must be paid out of the assets of the credit union.
In carrying out the receivership, the receiver may without limitation arrange for the merger or consolidation of the
credit union in receivership with another credit union, out-ofstate credit union, or federal credit union, or may arrange for
the purchase of the credit union’s assets and the assumption
of its liabilities by such a credit union, in whole or in part, or
may arrange for such a transaction with another type of financial institution as may be otherwise permitted by law. The
receiver shall give preference to transactions with a credit
union or a federal credit union that has its principal place of
business in this state. [1997 c 397 § 72.]
31.12.677
31.12.681 Claims against credit union in receivership—Notice. The receiver shall publish once a week for
four consecutive weeks in a newspaper of general circulation
in the county where the credit union’s principal place of business is located, a notice requiring all persons having claims
31.12.681
(2010 Ed.)
Washington State Credit Union Act
against the credit union to file proof of claim not later than
ninety days from the date of the first publication of the notice.
The receiver shall mail similar notices to all persons whose
names appear as creditors upon the books of the credit union.
The assets of the credit union are not subject to contingent
claims.
After the expiration of the time fixed in the notice, the
receiver has no power to accept any claim except the claim of
a depositor or share account holder, and all other claims are
barred. Claims of depositors or share account holders may be
presented after the expiration of the time fixed in the notice
and may be approved by the receiver. If such a claim is
approved, the depositor or share account holder is entitled to
its proportion of prior liquidation dividends, if sufficient
funds are available for it, and will share in the distribution of
the remaining assets.
The receiver may approve or reject any claim, but shall
serve notice of rejection upon the claimant by mail or personally. An affidavit of service of the notice of rejection will
serve as prima facie evidence that notice was given. No
action may be brought on any claim after three months from
the date of service of the notice of rejection. [1997 c 397 §
73.]
31.12.684 Receiver shall inventory assets—File lists
of assets and claims—Objections to approved claims.
Upon taking possession of the credit union, the receiver shall
make an inventory of the assets and file the list in the office
of the county clerk. Upon the expiration of the time fixed for
the presentation of claims, the receiver shall make a list of
claims presented, segregating those approved and those
rejected, to be filed in the office of the county clerk. The
receiver shall also make and file with the office of the county
clerk a supplemental list of claims at least fifteen days before
the declaration of any liquidation dividend, and in any event
at least every six months.
Objection may be made by any interested person to any
claim approved by the receiver. Objections to claims
approved by the receiver will be resolved by the court after
providing notice to both the claimant and objector, as the
court may prescribe. [1997 c 397 § 74.]
31.12.684
31.12.687 Expenses incurred by receiver. All
expenses incurred by the receiver in relation to the receivership of a credit union, including, but not limited to, reasonable attorneys’ fees, become a first charge upon the assets of
the credit union. The charges shall be fixed and determined
by the receiver, subject to the approval of the court. [1997 c
397 § 75.]
31.12.687
31.12.691 Liquidation dividends—Approval of
court. At any time after the expiration of the date fixed for
the presentation of claims, the receiver, subject to the
approval of the court, may declare one or more liquidation
dividends out of the funds remaining after the payment of
expenses. [1997 c 397 § 76.]
31.12.691
31.12.694 Remaining assets—Distribution. When all
expenses of the receivership have been paid, as well as all
proper claims of share account holders, depositors, and other
31.12.694
(2010 Ed.)
31.12.701
creditors, and proper provision has been made for unclaimed
or unpaid debts and liquidation dividends, and assets of the
credit union still remain, the receiver shall wind up the affairs
of the credit union and distribute its assets to those entitled to
them. Each share account holder and depositor at the credit
union is entitled to a proportionate share of the assets remaining. The proportionate allocation shall be based on account
balances as of a date determined by the board. For the purposes of liquidation, shares and deposits are equivalent.
[1997 c 397 § 77.]
31.12.697
31.12.697 Unclaimed liquidation dividends. Any liquidation dividends to share account holders, depositors, or
other creditors of the credit union remaining uncalled for and
unpaid in the hands of the receiver for six months after the
order of final distribution, must be deposited in a financial
institution to each share account holder’s, depositor’s, or
creditor’s credit. The funds must be held in trust for the benefit of the persons entitled to the funds and, subject to the
supervision of the court, must be paid by the receiver to them
upon presentation of satisfactory evidence of their right to the
funds. [1997 c 397 § 78.]
31.12.701
31.12.701 Personal property—Receiver’s duties. (1)
The receiver shall inventory, package, and seal uncalled for
and unclaimed personal property left with the credit union,
including, but not limited to, property held in safe deposit
boxes, and arrange for the packages to be held in safekeeping.
The credit union, its directors and officers, and the receiver,
shall be relieved of responsibility and liability for the property held in safekeeping. The receiver shall promptly send to
each person in whose name the property stood on the books
of the credit union, at the person’s last known address, a registered letter notifying the person that the property will be
held in the person’s name for a period of not less than two
years.
(2) After the expiration of two years from the date of
mailing the notice, the receiver shall promptly send to each
person in whose name the property stood on the books of the
credit union, at the person’s last known address, a registered
letter providing notice of sale. The letter must indicate that
the receiver will sell the property set out in the notice, at a
public auction at a specified time and place, not less than
thirty days after the date of mailing the letter. The receiver
may sell the property unless the person, prior to the sale, presents satisfactory evidence of the person’s right to the property. A notice of the time and place of the sale must be published once within ten days prior to the sale in a newspaper of
general circulation in the county where the sale is to be held.
(3) Any property, for which the address of the owner or
owners is not known, may be sold at public auction after it
has been held by the receiver for two years. A notice of the
time and place of the sale must be published once within ten
days prior to the sale in a newspaper of general circulation in
the county where the sale is to be held.
(4) Whenever the personal property left with the credit
union consists either wholly or in part, of documents, letters,
or other papers of a private nature, the documents, letters, or
papers may not be sold, but must be retained by the receiver
[Title 31 RCW—page 37]
31.12.704
Title 31 RCW: Miscellaneous Loan Agencies
and may be destroyed after a period of five years. [1997 c
397 § 79.]
creditors, for or on account of any action taken in connection
with the receivership. [1997 c 397 § 84.]
31.12.704 Proceeds of sale—Deposit or payment by
receiver. The proceeds of the sale less any amounts for costs
and charges incurred in safekeeping and sale must be deposited by the receiver in a financial institution, in trust for the
benefit of the person entitled to the property. The sale proceeds must be paid by the receiver to the person upon presentation of satisfactory evidence of the person’s right to the
funds. [1997 c 397 § 80.]
31.12.721 Appointment by court of temporary
receiver—Notice to director. No receiver may be appointed
by any court for any credit union, except that a court otherwise having jurisdiction may in case of imminent necessity
appoint a temporary receiver to take possession of and preserve the assets of the credit union. Immediately upon
appointment, the clerk of the court shall notify the director in
writing of the appointment and the director shall appoint a
receiver to take possession of the credit union and the temporary receiver shall upon demand surrender possession of the
assets of the credit union to the receiver. The receiver may in
due course pay the temporary receiver out of the assets of the
credit union, subject to the approval of the court. [1997 c 397
§ 85.]
31.12.704
31.12.707 Completion of receivership—Merger, purchase, or liquidation—Secretary of state. Upon the completion of a receivership through merger, purchase of assets
and assumption of liabilities, or liquidation, the director shall
terminate the credit union’s authority to conduct business and
certify that fact to the secretary of state. Upon certification,
the credit union shall cease to exist and the secretary of state
shall note that fact upon his or her records. [1997 c 397 § 81.]
31.12.707
31.12.711 Director may terminate receivership—
Expenses. If at any time after a receiver is appointed, the
director determines that all material deficiencies at the credit
union have been corrected, and that the credit union is in a
safe and sound condition to resume conducting business, the
director may terminate the receivership and permit the credit
union to reopen upon such terms and conditions as the director may prescribe. Before being permitted to reopen, the
credit union must pay all of the expenses of the receiver.
[1997 c 397 § 82.]
31.12.711
31.12.714 Receivership files. The receiver or director,
as appropriate, may at any time after the expiration of one
year from the order of final distribution, or from the date
when the receivership has been completed, destroy any of the
remaining files, records, documents, books of account, or
other papers of the credit union that appear to be obsolete or
unnecessary for future reference as part of the receivership
files. [1997 c 397 § 83.]
31.12.714
31.12.717 Pendency of proceedings for review of
appointment of receiver—Liabilities of credit union—
Availability of relevant data. The pendency of any proceedings for judicial review of the appointment of a receiver
may not operate to prevent the payment or acquisition of the
share and deposit liabilities of the credit union by the national
credit union administration or other insurer or guarantor of
the share and deposit liabilities of the credit union. During the
pendency of the proceedings, the receiver shall make credit
union facilities, books, records, and other relevant credit
union data available to the insurer or guarantor as may be
necessary or appropriate to enable the insurer or guarantor to
pay out or to acquire the insured or guaranteed share and
deposit liabilities of the credit union. The national credit
union administration and any other insurer or guarantor of the
credit union’s share and deposit liabilities, together with their
directors, officers, agents, and employees, and the director
and receiver and their agents and employees, will be free
from liability to the credit union, its directors, members, and
31.12.717
[Title 31 RCW—page 38]
31.12.721
31.12.724 Actions that are void—Felonious conduct—Penalties. (1) Every transfer of a credit union’s property or assets, and every assignment by a credit union for the
benefit of creditors, made in contemplation of insolvency, or
after it has become insolvent, to intentionally prefer one creditor over another, or to intentionally prevent the equal distribution of its property and assets among its creditors, is void.
(2) Every credit union director, officer, or employee
making any transfer described in subsection (1) of this section is guilty of a class B felony punishable according to
chapter 9A.20 RCW.
(3) An officer, director, or employee of a credit union
who fraudulently receives any share or deposit on behalf of
the credit union, knowing that the credit union is insolvent, is
guilty of a class B felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 192; 1997 c 397 § 86.]
31.12.724
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
31.12.726 Conservator or receiver may terminate or
adopt executory contracts—Timing—Binding terms—
Liability. After the taking of possession of the property and
business of a credit union, through conservatorship or receivership, the conservator or receiver may terminate or adopt
any executory contract to which the credit union may be a
party, including leases of real or personal property. The termination or adoption shall be made within six months after
obtaining knowledge of the existence of the contract or lease.
Any provision in the contract or lease which provides for
damages or cancellation fees upon termination shall not be
binding on the conservator, receiver, or credit union. The
director, conservator, or receiver, and credit union are not liable for damages. [2010 c 87 § 18.]
31.12.726
31.12.728 Applicability of general receivership law.
Except in cases in which a receiver is appointed by a court on
a temporary basis under RCW 31.12.721, the provisions of
Title 7 RCW generally applicable to receivers and receiverships do not apply to receivers elected or appointed under this
chapter. [2004 c 165 § 42.]
31.12.728
Purpose—Captions not law—2004 c 165: See notes following RCW
7.60.005.
(2010 Ed.)
Washington State Credit Union Act
MISCELLANEOUS
31.12.850 Prohibited acts—Criminal penalties.
(1)(a) It is unlawful for a director, supervisory committee
member, officer, employee, or agent of a credit union to
knowingly violate or consent to a violation of this chapter.
(b) It is unlawful for any person to knowingly make or
disseminate a false report or other misrepresentation about
the financial condition of any credit union.
(c) Unless otherwise provided by law, a violation of this
subsection is a misdemeanor under chapter 9A.20 RCW.
(2)(a) It is unlawful for a person to perform any of the
following acts:
(i) To knowingly subscribe to, make, or cause to be made
a false statement or entry in the books of a credit union;
(ii) To knowingly make a false statement or entry in a
report required to be made to the director; or
(iii) To knowingly exhibit a false or fictitious paper,
instrument, or security to a person authorized to examine a
credit union.
(b) A violation of this subsection is a class C felony
under chapter 9A.20 RCW. [2010 c 87 § 15; 2003 c 53 § 193;
1997 c 397 § 87; 1994 c 92 § 215; 1984 c 31 § 65. Formerly
RCW 31.12.635.]
31.12.850
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
31.12.853 Prohibited acts—Civil penalties—Rules.
(1) The department is authorized to assess civil fines to the
credit union for violation of any of the following:
(a) Any material provision of this chapter or related
rules;
(b) Any final or temporary order, including a cease and
desist, suspension, removal, or prohibition order;
(c) Any supervisory agreement;
(d) Any condition imposed in writing in connection with
the grant of any application or other request; or
(e) Any other written agreement entered into with the
director.
(2) At the option of the director, a violation of this section subjects the violator to a fine of up to ten thousand dollars per violation. A continuing violation shall be considered
a single violation for this purpose. The fine is payable upon
issuance of any order or directive of the director, and may be
recovered by the attorney general in a civil action in the name
of the department.
(3) The department is authorized to adopt rules for the
implementation of this section. [2010 c 87 § 16.]
31.12.853
31.12.860 Taxation of credit unions. Neither a credit
union nor its members may be taxed upon its shares and
deposits as property. A credit union shall be taxable upon its
real property and tangible personal property, and every credit
union shall be termed a mutual institution for savings and neither it nor its property may be taxable under any law which
exempts savings banks or institutions for savings from taxation. For all purposes of taxation, the assets represented by
the regular reserve and other reserves, other than reserves for
expenses and losses of a credit union, shall be deemed its
only permanent capital, and in computing any tax, whether it
31.12.860
(2010 Ed.)
31.12.910
be property, income, or excise, appropriate adjustment shall
be made to give effect to the mutual nature of such credit
union. [1984 c 31 § 75. Formerly RCW 31.12.735.]
31.12.890
31.12.890 Satellite facilities. See chapter 30.43 RCW.
31.12.891
31.12.891 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to automated teller machines and night depositories regulated under
this title. [1993 c 324 § 11. Formerly RCW 31.12.740.]
Additional notes found at www.leg.wa.gov
31.12.902
31.12.902 Short title. This chapter may be known and
cited as the "Washington State Credit Union Act." [1984 c 31
§ 76.]
31.12.906
31.12.906 Effective date—1997 c 397. Except for sections 35 and 50 of this act, this act takes effect January 1,
1998. [1997 c 397 § 92.]
31.12.907
31.12.907 Severability—1997 c 397. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 397 § 93.]
31.12.908
31.12.908 Severability—2001 c 83. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2001 c 83 § 41.]
31.12.909
31.12.909 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 77.]
31.12.910
31.12.910 Effective date—2010 c 87. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 17, 2010]. [2010 c 87 § 21.]
[Title 31 RCW—page 39]
Chapter 31.13
Chapter 31.13
Title 31 RCW: Miscellaneous Loan Agencies
Chapter 31.13 RCW
CORPORATE CREDIT UNIONS
(Formerly: Central credit unions)
Sections
31.13.010
31.13.020
Definition of corporate credit union or corporate.
Authority to organize and operate—Powers and authorities—
Name—Federal or Kansas state corporate credit unions.
Master license system exemption: RCW 19.02.800.
31.13.010
31.13.010 Definition of corporate credit union or corporate. As used in this chapter, unless the context in which
it is used clearly indicates otherwise, the term "corporate
credit union" or "corporate" means a credit union organized
under this chapter. [2001 c 83 § 36; 1984 c 31 § 79; 1977
ex.s. c 207 § 5.]
Severability—2001 c 83: See RCW 31.12.908.
31.13.020
31.13.020 Authority to organize and operate—Powers and authorities—Name—Federal or Kansas state corporate credit unions. (1) Corporate credit unions may be
organized and operated under this chapter. A corporate credit
union has all the powers and authorities granted in, and is
subject to, all of the provisions of chapter 31.12 RCW which
are not inconsistent with this chapter. A corporate must use
the term "corporate" in its official name. The director may
adopt rules for the organization and operation of corporate
credit unions.
(2) Notwithstanding any other provision of law, and in
addition to all powers and authorities, express or implied, that
a corporate credit union has under the laws of this state, a corporate has the powers and authorities that a federal or Kansas
state corporate credit union had on July 22, 2001. However, a
corporate must still comply with RCW 31.12.408.
(3) Notwithstanding any other provision of law, and in
addition to the powers and authorities, express or implied,
that a corporate has under subsection (2) of this section, a corporate credit union has the powers and authorities that a federal or Kansas state corporate credit union has subsequent to
July 22, 2001, if the director finds that the exercise of the
power and authority serves the convenience and advantage of
members of credit unions, and maintains the fairness of competition and parity between corporate credit unions. However, a corporate must still comply with RCW 31.12.408.
(4) The restrictions, limitations, and requirements applicable to specific powers or authorities of federal or Kansas
state corporate credit unions apply to corporate credit unions
exercising those powers or authorities permitted under this
section but only insofar as the restrictions, limitations, and
requirements relate to the specific exercise of the powers or
authorities granted corporate credit unions solely under this
section.
(5) As used in this section, "powers and authorities"
include, but are not limited to, powers and authorities in corporate governance matters. [2001 c 83 § 37; 1977 ex.s. c 207
§ 1.]
Severability—2001 c 83: See RCW 31.12.908.
[Title 31 RCW—page 40]
Chapter 31.20 RCW
DEVELOPMENT CREDIT CORPORATIONS
Chapter 31.20
Sections
31.20.010
31.20.020
31.20.030
31.20.040
31.20.050
31.20.060
31.20.070
31.20.080
31.20.090
31.20.100
31.20.110
31.20.120
31.20.130
31.20.140
Creation under general corporation laws authorized.
Purposes specified.
Corporate powers.
Minimum capital stock.
Board of directors.
Members power to loan funds to corporation.
Members of corporation enumerated.
Members duty to loan funds to corporation—Maximum limits—Proration of calls.
Withdrawal from membership.
Surplus reserve required.
Funds to be deposited in designated depository.
Money deposits prohibited.
Publication of annual statement of assets and liabilities.
Participation in federal act authorized.
31.20.010 Creation under general corporation laws
authorized. Organizations to provide development credit
are authorized to be created under the general corporation
laws of the state, with all of the powers, privileges and immunities conferred on corporations by such laws. [1959 c 213 §
1.]
31.20.010
31.20.020 Purposes specified. The purposes of development credit corporations as authorized herein shall be: (1)
To promote, aid, and, through the united efforts of the institutions and corporations which shall from time to time become
members thereof, develop and advance the industrial and
business prosperity and welfare of the state of Washington;
(2) To encourage new industries; (3) To stimulate and help to
expand all kinds of business ventures which tend to promote
the growth of the state; (4) To act whenever and wherever
deemed by it advisable in conjunction with other organizations, the objects of which are the promotion of industrial,
agricultural or recreational developments within the state;
and (5) To furnish for approved and deserving applicants
ready and required money for the carrying on and development of every kind of business or industrial undertaking
whereby a medium of credit is established not otherwise
readily available therefor. [1959 c 213 § 2.]
31.20.020
31.20.030 Corporate powers. In furtherance of the
purposes set forth in RCW 31.20.020, and in addition to the
powers conferred by the general laws relating to corporations, this corporation shall, subject to the restrictions and
limitations set forth in this chapter, have the following powers:
(1) To borrow money on secured or unsecured notes
from any bank, trust company, savings bank, mutual savings
bank, savings and loan association, building and loan association, credit union, insurance company or union funds which
shall be members of this corporation and to pledge bonds,
notes and other securities as collateral therefor: PROVIDED,
In no case shall the amount so loaned by any member exceed
the limit as hereinafter defined;
(2) To lend money upon secured or unsecured applications: PROVIDED, It shall not be the purpose hereof to take
from other institutions within the state any such loans or commitments as may be desired by such institutions generally in
the ordinary course of their business;
31.20.030
(2010 Ed.)
Development Credit Corporations
(3) To establish and regulate the terms and conditions of
any such loans and charges for interest or service connected
therewith;
(4) To purchase, hold, lease and otherwise acquire and to
convey such real estate as may, from time to time, be
acquired by it in satisfaction of debts or may be acquired by
it in the foreclosure of mortgages thereon or upon judgments
for debts or in settlements to secure debts. [1959 c 213 § 3.]
31.20.040 Minimum capital stock. No development
credit corporation shall be organized with a capital stock of
less than twenty-five thousand dollars, which shall be paid
into the treasury of the corporation in cash before the corporation shall be authorized to transact any business other than
such as relates to its organization. [1959 c 213 § 4.]
31.20.040
31.20.050 Board of directors. All the corporate powers
of a development credit corporation shall be exercised by a
board of not less than nine directors who shall be residents of
this state. The number of directors and their term of office
shall be determined by the stockholders at the first meeting
held by the incorporators and at each annual meeting thereafter. In the first instance the directors shall be elected by the
stockholders to serve until the first annual meeting. At the
first annual meeting, and at each annual meeting thereafter,
one-third of the directors shall be elected by a vote of the
stockholders and the remaining two-thirds thereof shall be
elected by members of the corporation herein provided for,
each member having one vote. The removal of any director
from this state shall immediately vacate his office. If any
vacancy occurs in the board of directors through death, resignation or otherwise, the remaining directors may elect a person to fill the vacancy until the next annual meeting of the
corporation. The directors shall be annually sworn to the
proper discharge of their duties and they shall hold office
until others are elected or appointed and qualified in their
stead. [1959 c 213 § 5.]
31.20.050
31.20.060 Members power to loan funds to corporation. Any member, as set forth in RCW 31.20.070, shall have
power and authority to loan any of their funds to any development credit corporation of which they are a member, subject to the restrictions as set forth in RCW 31.20.080, notwithstanding any laws to the contrary pertaining to such
member. [1959 c 213 § 6.]
31.20.140
total amount on loan by any member at any one time shall not
exceed the following limit: (1) For banks, trust companies, or
insurance companies, three percent of capital and surplus; (2)
For mutual savings banks, savings and loan associations, or
credit unions, three percent of guaranty and reserve funds;
and (3) Comparable limits for other institutions. All loan limits shall be established at the thousand dollars amount nearest
to the amount computed on an actual basis. All calls when
made by this corporation shall be prorated among the members on the same proportion that the maximum lending commitment of each bears to the aggregate maximum lending
commitment of all members. [1959 c 213 § 8.]
31.20.090
31.20.090 Withdrawal from membership. Upon
notice given one year in advance a member of the corporation
may withdraw from membership in the corporation at the
expiration date of such notice and from said expiration date
shall be free from obligations hereunder except as to those
accrued prior to said expiration date. [1959 c 213 § 9.]
31.20.100
31.20.100 Surplus reserve required. A development
credit corporation shall set apart a surplus of not less than ten
percent of its net earnings in each and every year until such
surplus, with any unimpaired surplus paid in, shall amount to
one-half of the capital stock. The said surplus shall be kept to
secure against losses and contingencies, and whenever the
same becomes impaired it shall be reimbursed in the manner
provided for its accumulation. [1959 c 213 § 10.]
31.20.110
31.20.110 Funds to be deposited in designated depository. A development credit corporation shall not deposit
any of its funds in any institution unless such institution has
been designated as a depository by a vote of a majority of the
directors, exclusive of the vote of any director who is an
officer or director of the depository so designated. [1959 c
213 § 11.]
31.20.060
31.20.070 Members of corporation enumerated. The
members of a development credit corporation shall consist of
such banks, trust companies, savings banks, mutual savings
banks, savings and loan associations, building and loan associations, credit unions, insurance companies or union funds
as may make accepted applications to this corporation to lend
funds to it upon call and up to the limit herein provided.
[1959 c 213 § 7.]
31.20.070
31.20.080 Members duty to loan funds to corporation—Maximum limits—Proration of calls. Each member
of a development credit corporation shall lend funds to the
development credit corporation as and when called upon by it
to do so to the extent of the member’s commitment, but the
31.20.080
(2010 Ed.)
31.20.120
31.20.120 Money deposits prohibited. A development
credit corporation shall not receive money on deposit. [1959
c 213 § 12.]
31.20.130
31.20.130 Publication of annual statement of assets
and liabilities. A development credit corporation, on or
before February 15th of each year, shall publish in three consecutive issues of a newspaper of general circulation in the
area or areas where the corporation is located a statement of
assets and liabilities as of December 31st of the preceding
year. [1959 c 213 § 13.]
31.20.140
31.20.140 Participation in federal act authorized.
Any development credit corporation desiring to qualify and
participate in the federal Small Business Investment Act of
1958 and as hereafter amended may do so and to that end may
comply with all the laws of the United States and all the rules,
regulations and requirements promulgated pursuant thereto.
[1959 c 213 § 14.]
[Title 31 RCW—page 41]
Chapter 31.24
Title 31 RCW: Miscellaneous Loan Agencies
Chapter 31.24 RCW
INDUSTRIAL DEVELOPMENT CORPORATIONS
Chapter 31.24
Sections
31.24.005
31.24.010
31.24.020
31.24.023
31.24.025
31.24.030
31.24.066
31.24.070
31.24.073
31.24.075
31.24.080
31.24.090
31.24.100
31.24.110
31.24.120
31.24.130
31.24.140
31.24.150
31.24.160
31.24.170
31.24.190
31.24.200
31.24.205
31.24.210
31.24.215
31.24.220
31.24.225
31.24.230
31.24.235
31.24.900
31.24.901
Findings—Declarations—Intent.
Definitions.
Application—Contents—Articles of incorporation—Fees—
Initial capital—Approval.
Filing articles of incorporation—Receipt of certificate of
authority.
Fees—Director’s discretion.
Corporate powers.
Plan of assessment—Purpose—Requirements—Approval.
Powers of stockholders—Voting rights—Proxy voting—Plan
of assessment—Dividends—Rules.
Aggregate limit on loans and investments—Single borrower or
business.
Insider transactions.
Amendment of articles of incorporation—Director’s
approval—Filing.
Board of directors—Officers and agents—Powers—Election—Meetings.
Minimum capital, surplus, undivided profits, and net earnings.
No receipt of money on deposit.
Examinations by director of financial institutions—Reports—
Authority of director.
First meeting—Notice—Duties of incorporators.
Duration of business development company.
Dissolution—Method—Distribution of assets.
Credit of state not pledged.
Business development companies designated state development companies.
Formation of historic business development company for purpose of preservation of historic buildings, areas, or neighborhoods.
Insolvency and liquidation—Chapter 30.44 RCW.
Supervisory direction and conservatorship.
Mergers or consolidations—Application—Approval.
Conversion of development credit corporation—Application—Approval—Filing of articles—Certificate of authority.
Confidentiality and disclosure—Examinations.
Business as a limited liability company.
Simultaneous applications—Business development company
and nondepository lender of certain loans—Procedure—
Fees.
Rule making.
Severability—1963 c 162.
Short title.
Economic development finance authority: RCW 43.163.080.
31.24.005 Findings—Declarations—Intent. The legislature finds, declares, and intends that:
(1) There exists substantial and growing need in Washington state to enhance the availability of financial assistance
for small business and to improve the economy of the localities within this state;
(2) The department, which is charged with (a) the regulation of business development corporations, under this chapter, (b) the regulation of financial institutions and other financial entities as defined in this chapter, and (c) nondepository
lenders engaged in guaranteed small business and agricultural lending, under chapters 31.40 and 31.35 RCW, is
among those state agencies critical to meeting the needs
addressed in subsection (1) of this section; and
(3) It is necessary to assist the department in meeting the
needs addressed in subsection (1) of this section and to
improve its administration and regulation of this chapter and
chapters 31.35 and 31.40 RCW. [2006 c 87 § 1.]
31.24.005
31.24.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
31.24.010
[Title 31 RCW—page 42]
(1) "Applicant" means a person who files with the director an application for organization as, or conversion to doing
business as, a business development company under this
chapter, or who is making application for a material change
that requires approval of the director under this chapter.
(2) "Assessable stock" means any stock or class of stock,
or equity interest or class of equity interest, in a business
development company that:
(a) Has been authorized pursuant to the articles of incorporation of the business development company as approved
by the department;
(b) Has been created pursuant to an authorized plan of
assessment;
(c) Has been agreed to by a stockholder pursuant to the
stockholder’s subscription or similar agreement; and
(d) Has been disclosed as being subject to assessment on
the face of the stock certificates or certificates of equity interest.
(3) "Board of directors" means the board of directors of
a business development company created under this chapter.
(4) "Borrower" means a person, including a controlling
person of such person, who obtains a qualified loan from a
business development company.
(5) "Business" means a person, including a controlling
person of such person, who obtains a qualified loan or qualified investment, or both, from a business development company.
(6) "Business development company" means a company
created for the purpose of engaging in any activity authorized
by this chapter. A "business development company" created
under this chapter is either:
(a) A "general business development company," which
is a business development company that may engage in any
activity authorized by this chapter; or
(b) A "historic business development company," which
is a business development company organized to encourage
and stimulate the preservation of historic buildings or historic
commercial areas or neighborhoods, and may only engage in
activities consistent with the purposes of the limited charter
as set forth in RCW 31.24.190.
(7) "Business development project" means a project controlled by a business, in which a business development company may make a qualified investment, qualified loan, or
both.
(8) "Control," "controlled," or "controls," in relation to a
borrower or business, has the same meaning as "control of a
bank" has under Federal Reserve Regulation O, 12 C.F.R.
Sec. 215.2, as it existed on June 7, 2006, or such subsequent
date as may be provided by the department by rule, consistent
with the purposes of this chapter.
(9) "Controlling person" means a person, including an
executive officer or director as defined in Federal Reserve
Regulation O, 12 C.F.R. Sec. 215.2, as it existed on June 7,
2006, or such subsequent date as may be provided by the
department by rule, consistent with the purposes of this chapter, who controls a borrower or business.
(10) "Department" means the Washington state department of financial institutions, or its successor.
(11) "Director" means the director of the department of
financial institutions, unless used in the context of a member
(2010 Ed.)
Industrial Development Corporations
of the board of directors of a business development company
created under this chapter.
(12) "Financial institution" means any federally chartered or state-chartered bank or trust company, savings bank
or savings and loan association, or credit union.
(13) "Insider transaction" means a transaction between a
business development company and a person who is (a) an
affiliate of a business development company or (b) an executive officer, director, or principal shareholder, or a related
interest of, such a person. As used in this subsection, "affiliate," "executive officer," "director," "principal shareholder,"
and "related interest" have the same meaning, in relation to a
business development company, as such terms have in relation to a member bank pursuant to Federal Reserve Regulation O, 12 C.F.R. Sec. 215.2, as it existed on June 7, 2006, or
such subsequent date as may be provided by the department
by rule, consistent with the purposes of this chapter.
(14) "Other financial entity" means an insurance company authorized to do business in Washington state, or any
other company, limited liability company, partnership, limited partnership, or foundation, other than a financial institution, engaged as a primary activity in the business of lending
or investing funds, and which holds a charter or license from
an applicable federal or state regulatory authority to engage
in such activity.
(15) "Person" means a natural person, partnership, limited partnership, limited liability company, corporation, association, foundation, or other legal or commercial entity.
(16) "Plan of assessment" means a plan for assessment of
stockholders, or a class of stockholders, which is part of the
business plan of a business development company that has
been approved by the department, and which provides for the
periodic, equal assessment of all stockholders, or an affected
class of stockholders, according to their interest in the business development company, as provided for in RCW
31.24.066.
(17) "Qualified investment" means any equity investment, or debt investment other than a qualified loan, authorized by this chapter to be made by a business development
company to a business:
(a) The principal intent of which:
(i) In the case of a general business development company, is to promote or enhance small business or improvement of the economy of one or more localities within this
state, consistent with the general intent and purpose of a business development company, as set forth in RCW 31.24.005,
and with its approved business plan; or
(ii) In the case of a historic business development company, is to promote and/or enhance the special purpose and
intent of a historic business development company as set
forth in RCW 31.24.190, consistent with its approved business plan; and
(b) Which investment, at the time of its origination, has a
reasonable likelihood of being used for such purpose.
(18) "Qualified loan" means any loan authorized by this
chapter to be made by a business development company to a
borrower:
(a) The principal intent of which:
(i) In the case of a general business development company, is to promote or enhance small business or improvement of the economy of one or more localities within this
(2010 Ed.)
31.24.020
state, consistent with the general intent and purpose of this
chapter, and with its approved business plan; or
(ii) In the case of a historic business development company, is to promote or enhance the special purpose and intent
of a historic business development company as set forth in
RCW 31.24.190, consistent with its approved business plan;
and
(b) Which loan, at the time of its origination, has a reasonable likelihood of being used for such purpose.
(19) "Qualified loan participant" means a financial institution or other financial entity, as defined in this section, or
any other person engaged in the business of lending, who participates as a funder of a qualified participation loan.
(20) "Qualified participation loan" means a loan to a borrower or business, in relation to a business development
project, made, in whole or in part[,] by qualified loan participants, which has been facilitated, arranged, or partially
funded by a business development company.
(21) "Stock" means, in relation to a business development company, any stock or equity interest, of whatever
class, in a business development company.
(22) "Stockholder" means, in relation to a stockholder of
a business development company, any person authorized
either by Title 23B RCW to be a shareholder of a corporation
or by chapter 25.15 RCW and this chapter to hold an equity
interest in a limited liability company, and may include, without limitation, a financial institution or other financial entity.
[2006 c 87 § 2; 1963 c 162 § 1.]
31.24.020 Application—Contents—Articles of incorporation—Fees—Initial capital—Approval. (1) Five or
more persons, a majority of whom are residents of this state
and three of which are federally insured depository institutions, who desire to charter a business development company
under this chapter, may incorporate as a business development company by filing with the director an application for a
business development company charter, which application
contains the following:
(a) A cover letter requesting a charter as a business
development company under authority of this chapter, and
specifying the purpose of the requested charter;
(b) A business plan satisfactory to the director, including
a plan of assessment in the event that applicant seeks to
assess stockholders, or a class of stockholders, as provided
for in RCW 31.24.066;
(c) Proposed articles of incorporation, in form and substance consistent with the requirements of subsection (4) of
this section;
(d) Proposed bylaws, in form and substance consistent
with the requirements of this chapter;
(e) A filing fee and application review fee as established
by the director consistent with RCW 31.24.025; and
(f) All other relevant information as is necessary to satisfy the director that such proposed business development
company has a reasonable likelihood of (i) fulfilling the purposes of this chapter and (ii) operating in a safe and sound
manner.
(2) In addition to all other requirements of an application, the director shall not grant final approval of an application for organization as a business development company
under this chapter, and a business development company
31.24.020
[Title 31 RCW—page 43]
31.24.023
Title 31 RCW: Miscellaneous Loan Agencies
shall not commence business, until the applicant certifies to
the satisfaction of the director, that a minimum amount of initial capital has been subscribed for, which minimum amount
of capital is subject to the determination of the director, who
may consider (a) the intended purpose of initial capital and
(b) the suitability and sufficiency of the amount of initial capital in relation to the applicant’s proposed business plan.
(3) The articles of incorporation must be in writing,
signed by all the incorporators and their representatives and
acknowledged before an officer authorized to take acknowledgments.
(4) The articles of incorporation shall contain:
(a) The name of the business development company,
which must include the word "Development";
(b) A recital that the business development company is
organized under this chapter;
(c) The location of the principal office of the business
development company, but the company may have offices in
other places within the state as may be fixed by the board of
directors;
(d) The purposes for which the business development
company is founded, which, except for a historic business
development company as authorized by RCW 31.24.190, are:
(i) To promote, stimulate, develop, and advance the business prosperity and economic welfare of Washington and its
citizens;
(ii) To encourage and assist through financing, investments, or other business transactions, in the location of new
business and industry in this state and to rehabilitate and
assist existing business and industry;
(iii) To stimulate and assist in the expansion of business
activity which will tend to promote the business development
and maintain the economic stability of this state, provide
maximum opportunities for employment, encourage thrift,
and improve the standard of living of citizens of this state;
(iv) To cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural, and/or recreational developments in this state; and
(v) To provide financing for the promotion, development, and conduct of business activity in this state;
(e) The names and mailing addresses of the members of
the first board of directors, who, unless otherwise provided
by the articles of incorporation or the bylaws, shall hold
office for the first year of existence of the business development company or until their successors are elected and have
qualified;
(f) Any provision which the incorporators may choose to
insert for the regulation of the business and for the conduct of
the affairs of the business development company;
(g) Any provision creating, dividing, limiting, and regulating the powers of the business development company, the
directors, stockholders or any class of the stockholders,
including a designation of the officers, and provisions governing the issuance of stock certificates to replace lost or
destroyed certificates;
(h) The amount of authorized capital stock and the number of shares into which it is divided, the par value of each
share, and the amount of capital with which it will commence
business;
[Title 31 RCW—page 44]
(i) A statement indicating whether capital stock or any
class of capital stock shall be assessable stock as part of a
plan of assessment;
(j) The names and mailing addresses of the subscribers
of stock and the number of shares subscribed by each;
(k) Any other provision consistent with the laws of this
state for the regulation of the affairs of the business development company, and Title 23B RCW; and
(l) The signatures of each of the incorporators, who must
be the same persons making application for a business development company charter as identified in subsection (1) of
this section.
(5) The director has ninety days from submission of a
completed application to approve it and issue a certificate of
authority. If the director finds that the application is insufficient, the director may either disapprove the application or
respond by specifying in writing what changes and modifications, consistent with this chapter, will be necessary to
approve such application. [2006 c 87 § 3; 1974 ex.s. c 16 § 1;
1963 c 162 § 2.]
31.24.023 Filing articles of incorporation—Receipt
of certificate of authority. (1) The director shall present the
articles of incorporation, after approval by the director, to the
secretary of state for filing.
(2) An applicant is not authorized to commence and
maintain business as a business development company under
this chapter until having received a certificate of authority
from the department to conduct business as a business development company. [2006 c 87 § 4.]
31.24.023
31.24.025 Fees—Director’s discretion. The director
may, consistent with the requirements for banks under Title
30 RCW, collect from an applicant or business development
company, as applicable, application fees, application review
fees, periodic examination fees, and similar fees and charges,
as may be reasonable for the safe and sound regulation and
promotion of business development companies under this
chapter. [2006 c 87 § 5.]
31.24.025
31.24.030 Corporate powers. In furtherance of its purposes and in addition to the powers now or hereafter conferred on business corporations by Title 23B RCW and upon
limited liability companies by chapter 25.15 RCW, as applicable, a business development company has, subject to the
restrictions and limitations in this section, the following powers:
(1) To assess stockholders, or a class of stockholders, of
the business development company, if authorized by the articles of incorporation and approved by the department pursuant to a plan of assessment as provided for in RCW
31.24.066;
(2) To make qualified loans to borrowers in relation to
business development projects;
(3) To make qualified investments in businesses in relation to business development projects;
(4) To facilitate and arrange qualified participation loans
by qualified loan participants to borrowers in relation to business development projects;
31.24.030
(2010 Ed.)
Industrial Development Corporations
(5) To participate in the partial funding of qualified participation loans;
(6) To elect, appoint, and employ officers, agents, and
employees;
(7) To make contracts and incur liabilities for any of the
purposes of the business development company. However, a
business development company shall not incur any secondary
liability by way of guaranty or endorsement of the obligations of any person, firm, company, association, or trust, or in
any other manner;
(8) To the extent permitted by other applicable law, to
borrow money from the federal small business administration
and any other similar federal or state agency, for any of the
purposes of a business development company;
(9) To borrow money from a financial institution or other
financial entity;
(10) To issue bonds, debentures, notes, or other evidence
of indebtedness, whether secured or unsecured, and to secure
the same by mortgage, pledge, deed of trust, or other lien on
its property, franchises, rights, and privileges of every kind
and nature or any part or interest therein, without securing
stockholder approval;
(11) To purchase, receive, hold, lease, or otherwise
acquire, and to sell, convey, transfer, lease, or otherwise dispose of real and personal property, together with such rights
and privileges as may be incidental and appurtenant thereto
and the use thereof, including, but not restricted to, any real
or personal property acquired by the business development
company in the satisfaction of debts or enforcement of obligations;
(12) To acquire the good will, business, rights, real and
personal property, and other assets, or any part thereof, or
interest therein, of any persons, firms, corporations, limited
liability companies, partnerships, limited partnerships, associations, or trusts, and to assume, undertake, or pay the obligations, debts, and liabilities of any such person, firm, corporation, limited liability company, partnership, limited partnership, association, or trust;
(13) To acquire improved or unimproved real estate for
the purpose of constructing industrial plants or other business
establishments thereon or for the purpose of disposing of
such real estate to others for the construction of industrial
plants or other business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease, or otherwise dispose of industrial plants
or business establishments;
(14) To acquire, subscribe for, own, hold, sell, assign,
transfer, mortgage, pledge, or otherwise dispose of the stock,
shares, bonds, debentures, notes, or other securities and evidences of interest in, or indebtedness of, any person, firm,
limited liability company, partnership, limited partnership,
association, or trust, and while the owner or holder thereof to
exercise all the rights, powers, and privileges of ownership,
including the right to vote thereon;
(15) To mortgage, pledge, or otherwise encumber any
property, right or things of value, acquired pursuant to the
powers contained in subsections (11), (12), and (14) of this
section, as security for the payment of any part of the purchase price thereof;
(16) To cooperate with and avail itself of the facilities
and assistance programs of the United States department of
(2010 Ed.)
31.24.070
commerce, the United States department of the treasury, the
United States department of housing and urban development,
the *department of community, trade, and economic development, and any other similar state or federal governmental
agencies; and to cooperate with and assist, and otherwise
encourage organizations in the various communities of the
state in the promotion, assistance, and development of the
business prosperity and economic welfare of such communities or of this state or of any part thereof; and
(17) To do all acts and things necessary or convenient to
carry out the powers expressly granted in this chapter. [2006
c 87 § 6; 1991 c 72 § 49; 1985 c 466 § 42; 1983 c 3 § 51; 1963
c 162 § 3.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
31.24.066 Plan of assessment—Purpose—Requirements—Approval. (1) As part of a business plan approved
by the department, an applicant or business development
company may seek to maintain capital for purposes of making qualified investments and qualified loans by periodically
assessing its stockholders, or a class of stockholders, according to a plan of assessment and as agreed upon by affected
stockholders by subscription or similar agreement.
(2) A plan of assessment may provide for:
(a) Stockholders, or a class of stockholders, making,
when called upon, additional paid-in capital in exchange for
additional equity; and/or
(b) Stockholders, or a class of stockholders, making,
when called upon, loans or other debt financing to the business development company in exchange for an agreement of
repayment.
(3) A plan of assessment shall provide for equal treatment by the board of directors of all stockholders, or members of a class of stockholders, subject to assessment.
(4) In the case of the approval of a plan of assessment, or
the examination of the administration of an ongoing plan of
assessment, in which assessable stock is held by a financial
institution that is also regulated by the department, the
department may condition its approval of the implementation
or continued administration of a plan of assessment as to the
affected financial institution on whether the safety and
soundness of such financial institution is or may become
unimpaired, or on whether an assessment of such financial
institution has not or will not result, in a material adverse
affect on the classification of such financial institution, or its
lending or investment portfolio. The authority of the department pursuant to this subsection shall be in addition to all
other authority of the department under this chapter or any
other applicable law, and notwithstanding any other law to
the contrary. [2006 c 87 § 7.]
31.24.066
31.24.070 Powers of stockholders—Voting rights—
Proxy voting—Plan of assessment—Dividends—Rules.
(1) The stockholders of the business development company
have the following powers:
(a) To determine the number of and elect directors as
provided in RCW 31.24.090;
(b) To make, amend, and repeal bylaws;
31.24.070
[Title 31 RCW—page 45]
31.24.073
Title 31 RCW: Miscellaneous Loan Agencies
(c) To amend the articles of incorporation as provided in
RCW 31.24.080;
(d) To dissolve the company as provided in RCW
31.24.150;
(e) To do all things necessary or desirable to secure aid,
assistance, loans, and other financing from any financial
institutions, and from any agency established under federal
laws;
(f) To exercise such other powers consistent with this
chapter as may be conferred on the stockholders by the
bylaws.
(2) As to all matters requiring action by the stockholders
of the business development company, the stockholders shall
vote, and, except as otherwise provided, such matters shall
require the affirmative vote of a majority of the votes to
which the stockholders present or represented at the meeting
shall be entitled.
(3) Each stockholder shall have one vote, in person or by
proxy, for each share of capital stock held.
(4) The capital stock of stockholders of a business development company is nonassessable, unless authorized by the
department pursuant to a plan of assessment which has been
approved by the director as provided for in RCW 31.24.066.
(5) Except as permitted by a plan of assessment providing for a class of assessable stock pursuant to RCW
31.24.066 or as may otherwise be established by rule, all
stock is a single class of voting common stock.
(6) The director may, subject to examination authority,
determine that a policy of declaring dividends for stockholders by a particular business development company constitutes
an unsafe and unsound practice as to such business development company. If the practice is determined to be unsafe and
unsound, the director may instruct such a business development company to cease and desist the declaration and grant of
such dividends.
(7) The department may, at the option of the director,
adopt rules, consistent with principles of safety and soundness, that, while not prohibiting dividends to stockholders in
general, may limit the amount of such dividends and the time
and manner of declaring them. [2006 c 87 § 8; 1963 c 162 §
7.]
31.24.073 Aggregate limit on loans and investments—Single borrower or business. Unless part of an initial or amended business plan approved by the director, or as
may otherwise be provided by rule adopted pursuant to RCW
31.24.120(3), the aggregate limit of qualified loans, qualified
investment, and partial funding of qualified participation
loans by a business development company to a single borrower or business, in relation to a business development
project, shall not exceed twenty-five percent of the combined
capital, surplus, and undivided profits of the business development company. [2006 c 87 § 9.]
31.24.073
31.24.075 Insider transactions. (1) A business development company may not be a party to, nor engage in, an
insider transaction, unless such an insider transaction is
approved or ratified by its board of directors, exclusive of the
vote of any interested director.
31.24.075
[Title 31 RCW—page 46]
(2) Any insider transaction is subject to the examination
and enforcement authority of the department under this chapter. [2006 c 87 § 10.]
31.24.080
31.24.080 Amendment of articles of incorporation—
Director’s approval—Filing. (1) The articles of incorporation of a business development company may be amended by
the affirmative vote of two-thirds of the votes to which the
stockholders are entitled, subject to the written approval of
the director.
(2) Within thirty days after an amendment of the articles
of incorporation has been adopted and approved by the director, the articles of amendment shall be filed in the office of
the secretary of state by the director. An amendment shall not
take effect until it has been so filed. [2006 c 87 § 11; 1994 c
92 § 235; 1963 c 162 § 8.]
31.24.090
31.24.090 Board of directors—Officers and agents—
Powers—Election—Meetings. (1) The business and affairs
of a business development company shall be managed and
conducted by a board of directors, a president, a secretary, a
treasurer, and such other officers and such agents as the company by its bylaws shall authorize. A single authorized individual may jointly hold the offices of secretary and treasurer.
The president and the treasurer may not be the same person.
(2) The board of directors shall consist of such number,
not less than five nor more than nine, as shall be determined
in the first instance by the incorporators and thereafter annually by the stockholders of the business development company. The board of directors:
(a) May exercise all the powers of the business development company, except those conferred upon the stockholders
by law or by the bylaws of the business development company; and
(b) Shall choose and appoint all the agents and officers
of the business development company and fill all vacancies
except vacancies in the office of director which shall be filled
as provided in subsections (3) and (4) of this section.
(3) The board of directors shall be elected in the first
instance by the incorporators and thereafter at the annual
meeting, the day and month of which shall be established by
the bylaws, or, if no annual meeting shall be held in the year
of incorporation, then within ninety days after the approval of
the articles of incorporation at a special meeting as provided
in subsection (4) of this section.
(4) At each annual meeting, or at each special meeting
held as provided in subsection (3) of this section, the stockholders of a business development company shall elect all of
the board of directors. The directors shall hold office until
the next annual meeting of the business development company, or special meeting. The authority of the directors commences immediately after the election and continues until
their successors are elected and qualified, unless sooner
removed in accordance with the provisions of the bylaws.
Any vacancy in the office of a director shall be filled by the
remaining directors at a regular meeting or special meeting
called for that purpose. The director appointed to fill such
vacancy shall serve until the next annual meeting, resignation, or removal according to law.
(2010 Ed.)
Industrial Development Corporations
(5) Directors and officers shall not be responsible for
losses unless the same shall have been occasioned by the
gross negligence or willful misconduct of such directors and
officers.
(6) The board of directors shall conduct regular meetings
at least every quarter and may hold special meetings as called
for pursuant to the bylaws.
(7) Unless otherwise restricted by the articles of incorporation or bylaws, members of the board of directors of a business development company or any committee designated by
the board of directors may participate in a meeting of such
board or committee by means of a conference telephone or
similar communications equipment, in which all persons participating in the meeting can hear each other at the same time.
Participation by such means shall constitute presence, in person, at a meeting. [2006 c 87 § 12; 1974 ex.s. c 16 § 3; 1963
c 162 § 9.]
31.24.100 Minimum capital, surplus, undivided profits, and net earnings. (1) A business development company
shall maintain an amount of minimum capital, surplus, and
undivided profits that, based upon the determination of the
director, shall be deemed safe and sound for each business
development company. However, the minimum ratio of
paid-in capital to total assets, inclusive of all qualified loans
and qualified investments, shall be and remain no less than
eight percent.
(2) Subject to subsection (1) of this section, minimum
capital, surplus, undivided profits, and net earnings shall be
determined by the board of directors, subject to the exercise
of prudent business judgment. [2006 c 87 § 13; 1963 c 162 §
10.]
31.24.100
31.24.110 No receipt of money on deposit. A business
development company shall not receive money on deposit.
[2006 c 87 § 14; 1963 c 162 § 11.]
31.24.110
31.24.120 Examinations by director of financial institutions—Reports—Authority of director. (1) The director
shall exercise the same power and authority over business
development companies organized under this chapter as exercised over banks and trust companies under Title 30 RCW, to
the extent Title 30 RCW does not conflict with this chapter.
(2) A business development company shall be examined
at least once every twenty-four months by the director and
shall make reports of its condition not less than annually to
the director, and more frequently in the discretion of the
director. The business development company shall pay the
actual cost of the examinations.
(3) To assure the safety and soundness of business development companies and to fulfill the purposes of this chapter,
the director may, by examination, rule, and interpretation,
establish and enforce safety and soundness and examination
standards, for all operations and activities of and related to
business development companies. [2006 c 87 § 15; 1994 c 92
§ 236; 1963 c 162 § 12.]
31.24.120
31.24.190
incorporators, stating the time, place, and purpose of the
meeting, a copy of which notice shall be mailed, or delivered,
to each incorporator at least five days before the day
appointed for the meeting. The first meeting may be held
without such notice upon agreement in writing to that effect
signed by all the incorporators. A copy of the notice or unanimous agreement of the incorporators shall be recorded in the
minutes of the first meeting.
(2) At the first meeting, the incorporators shall, consistent with Title 23B RCW:
(a) Choose a temporary recording secretary;
(b) Adopt bylaws;
(c) Elect directors; and
(d) Engage in other business within the powers of the
business development company as the incorporators present
may see fit.
(3) Upon being sworn in at the first meeting, the temporary recording secretary shall make and attest a record of the
proceedings.
(4) At least five of the incorporators shall constitute a
quorum for the transaction of business at a first meeting.
[2006 c 87 § 16; 1963 c 162 § 13.]
31.24.140 Duration of business development company. Unless otherwise provided in the articles of incorporation, the period of duration of a business development company shall be perpetual, subject, however, to the right of the
stockholders to dissolve the business development company
as provided in RCW 31.24.150. [2006 c 87 § 17; 1963 c 162
§ 14.]
31.24.140
31.24.150 Dissolution—Method—Distribution of
assets. A business development company, upon the affirmative vote of two-thirds of the votes of the stockholders entitled to vote their shares, shall dissolve the business development company as provided by Title 23B RCW, to the extent
that Title 23B RCW is not in conflict with this chapter. Upon
dissolution of the business development company, none of
the business development company’s assets shall be distributed to the stockholders until all sums due the creditors
thereof have been paid in full. [2006 c 87 § 18; 1991 c 72 §
50; 1983 c 3 § 52; 1963 c 162 § 15.]
31.24.150
31.24.160 Credit of state not pledged. Under no circumstances shall the credit of the state of Washington be
pledged to any corporation organized under the provisions of
this chapter. [1963 c 162 § 16.]
31.24.160
31.24.170 Business development companies designated state development companies. Any business development company organized under this chapter shall be a state
development company, as authorized under Title V of the
small business investment act of 1958, Public Law 85-699,
15 U.S.C. Sec. 695, as amended, or any other similar federal
legislation. [2006 c 87 § 19; 1963 c 162 § 17.]
31.24.170
31.24.190 Formation of historic business development company for purpose of preservation of historic
buildings, areas, or neighborhoods. (1) In addition to the
purposes specified in RCW 31.24.020 a historic business
31.24.190
31.24.130 First meeting—Notice—Duties of incorporators. (1) The first meeting of a business development company shall be called by a notice signed by three or more of the
31.24.130
(2010 Ed.)
[Title 31 RCW—page 47]
31.24.200
Title 31 RCW: Miscellaneous Loan Agencies
development company may be formed for one or more of the
following purposes:
(a) To encourage and stimulate the preservation of historic buildings or historic commercial areas or neighborhoods
by returning them to economically productive uses which are
compatible with or enhance the historic character of such
buildings, commercial areas, or neighborhoods;
(b) To stimulate and assist in the development of business or other activities which have an impact upon the preservation of historic buildings, commercial areas, or neighborhoods;
(c) To cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of historical preservation activities; and
(d) To provide financing through loans, investments of
other business transactions for the promotion, development,
and conduct of all kinds of business activity that encourages
or relates to historic preservation.
(2) A historic business development company shall not
engage in the broad economic and business promotion activities permitted by a general business development company.
(3) A general business development company may, in
addition to all other activities permitted by this chapter,
engage in those activities specifically permitted of a historic
business development company organized under subsection
(1) of this section. [2006 c 87 § 20; 1973 1st ex.s. c 90 § 2.]
31.24.200
31.24.200 Insolvency and liquidation—Chapter
30.44 RCW. Chapter 30.44 RCW applies to the insolvency
and liquidation of a business development company organized under this chapter. [2006 c 87 § 21.]
31.24.205
31.24.205 Supervisory direction and conservatorship. The director has the same power and authority to exercise supervisory direction and conservatorship of, and to
issue cease and desist orders upon, a business development
company organized under this chapter, as the director has in
regard to a bank under Title 30 RCW. [2006 c 87 § 22.]
31.24.210
31.24.210 Mergers or consolidations—Application—
Approval. (1) Subject to written approval of the director,
one or more general business development companies may
merge into or consolidate with each other consistent with
chapter 30.49 RCW.
(2) Upon ninety days advance application to and written
approval of the director, a historic business development
company may convert its charter to that of a general business
development company. An application for conversion shall
contain a cover letter requesting conversion, the proposed
articles of amendments and bylaws amendments, a modified
business plan, and other relevant information in form and
substance similar to the requirements of a de novo application for a general business development company as provided
in RCW 31.24.020. In making a determination of whether to
approve or deny such a conversion, the director shall consider:
(a) The historic performance and safety and soundness of
the historic business development company;
[Title 31 RCW—page 48]
(b) Whether the conversion to a general business development company will have a likelihood of continuing to fulfill the purposes of this chapter;
(c) Whether the applicant will have a likelihood of
remaining safe and sound as a general business development
company and pursuant to its proposed modified business
plan; and
(d) Whether the proposed conversion would serve, or
otherwise not detract from, the needs and convenience of the
community served by the business development company.
[2006 c 87 § 23.]
31.24.215 Conversion of development credit corporation—Application—Approval—Filing of articles—
Certificate of authority. (1) Notwithstanding any other provision of this chapter, a development credit corporation created under chapter 31.20 RCW, or any other company incorporated under Title 23B RCW, may convert to a business
development company by filing an application with the
department and receiving written approval of the director
within ninety days of the date the application is received.
(2) In addition to all other requirements of a business
development company pursuant to this chapter, the director
shall not approve an application for conversion of a development credit corporation unless:
(a) A minimum of three stockholders of such corporation
are financial institutions;
(b) The majority of outstanding shares of common stock
of such corporation are held by financial institutions;
(c) The articles of incorporation of such a corporation are
amended to conform to the requirements of RCW 31.24.020;
(d) The bylaws of such a corporation are amended to
conform to the requirements of this chapter;
(e) The business plan of the corporation is consistent
with the requirements of this chapter and has been approved
by the director; and
(f) The corporation otherwise satisfies the director that
all other requirements of a business development company
under this chapter have been met. However, such a corporation is not required to have had a minimum of five incorporators at the time it originally was incorporated with the secretary of state, as provided for in RCW 31.24.020(1).
(3) Upon approval by the director of the corporation’s
application for conversion, the amended articles of incorporation, as approved by the director, shall be filed by the director with the secretary of state in the same manner provided
for the filing of initial articles of incorporation under RCW
31.24.023. Such corporation shall not commence operation
as a business development company until the director has
issued such corporation a certificate of authority to conduct
business as a business development company. [2006 c 87 §
24.]
31.24.215
31.24.220 Confidentiality and disclosure—Examinations. The existing privileges, immunities, and requirements
of confidentiality and disclosure with respect to examination
records and information obtained by the director in conducting examinations, which are applicable to banks, as set forth
in RCW 30.04.075, apply to examination records and information obtained by the director in conducting examinations
31.24.220
(2010 Ed.)
Agricultural Lenders—Loan Guaranty Program
of business development companies organized under this
chapter. [2006 c 87 § 25.]
31.35.020
31.24.235 Rule making. The director has broad administrative authority and discretion to adopt rules to carry out
the purposes of this chapter. [2006 c 87 § 31.]
31.24.235
31.24.225
31.24.225 Business as a limited liability company.
Notwithstanding any other provision of this chapter, a business development company organized under this chapter may
be chartered as a limited liability company, or may convert to
doing business as a limited liability company, to the same
extent and subject to the same terms and conditions as permitted for a bank organized under Title 30 RCW, including,
without limitation, requirements related to director approval,
operational matters, corporate governance, and restrictions
on complete dissociation. However:
(1) The rights of stockholders, as defined in this chapter,
supersede the provisions of Title 30 RCW to the contrary;
and
(2) The limited liability company agreement, or other
governing charter document of the limited liability company,
must contain the same or substantially similar recitals as
required in RCW 31.24.020 with respect to business purpose,
organizational authority, board of directors, management,
and limitations on liability of directors and officers. [2006 c
87 § 26.]
31.24.230
31.24.230 Simultaneous applications—Business
development company and nondepository lender of certain loans—Procedure—Fees. (1) An applicant may apply
simultaneously for both a business development company
charter, under this chapter, and for a license as a nondepository lender of federally guaranteed small business loans,
under chapter 31.40 RCW.
(2) An applicant may apply simultaneously for both a
business development company charter, under this chapter,
and for a license as a nondepository lender of guaranteed
agricultural loans, under chapter 31.35 RCW.
(3) Notwithstanding any provisions of this chapter or
chapter 31.35 or 31.40 RCW, applications presented to the
director as set forth in subsections (1) and (2) of this section
shall be considered and evaluated by the director as one
application, and an applicant:
(a) If granted a business development company charter
based on a joint application as provided in subsections (1)
and (2) of this section, shall pay fees and charges only as
required by this chapter and be subject to joint and simultaneous application review and periodic examination; and
(b) If denied a business development company charter
when having made a joint application as provided in subsections (1) and (2) of this section, shall pay fees and charges
only as required by this chapter.
(4) An existing business development company organized under this chapter may apply for either a license, under
chapter 31.35 RCW, or a license, under chapter 31.40 RCW,
or both; and, if granted, the business development company,
as a dual licensee, shall then pay fees and charges only as
required by this chapter and be subject to joint and simultaneous application review and periodic examination. [2006 c
87 § 27.]
(2010 Ed.)
31.24.900 Severability—1963 c 162. The provisions of
this chapter are severable, and if any of its provisions shall be
held unconstitutional by any court of competent jurisdiction,
the decision of such court shall not affect or impair any of the
remaining provisions. [1963 c 162 § 19.]
31.24.900
31.24.901 Short title. This chapter shall be known and
may be cited as the "business development company act."
[2006 c 87 § 32.]
31.24.901
Chapter 31.35
Chapter 31.35 RCW
AGRICULTURAL LENDERS—
LOAN GUARANTY PROGRAM
Sections
31.35.010
31.35.020
31.35.030
31.35.040
31.35.050
31.35.060
31.35.070
31.35.080
31.35.090
31.35.100
31.35.105
31.35.900
Findings—Intent.
Definitions.
Administration—Rules—Duties of director.
Participation by agricultural lender—Powers and privileges.
Costs of supervision—Fees.
Responsibility of agricultural lender—Recordkeeping—Loan
loss reserve.
Examination of agricultural lender.
Enforcement—Responsibility of director—Penalty.
Enforcement—Court order.
Notice—Investments not insured.
Application of RCW 31.24.230.
Severability—Administrative review—1990 c 134.
Department of financial institutions: Chapter 43.320 RCW.
31.35.010 Findings—Intent. The legislature finds and
declares that nondepository agricultural lenders can enhance
their access to working capital for the purpose of financing
agricultural borrowers by using the United States farmers
home administration loan guaranty program. The farmers
home administration loan guaranty program provides financing to agricultural borrowers needing working capital and
longer term financing for the purchase of real estate, agricultural production expenses, debt refinancing, equipment, and
the purchase of other fixed assets. Loans can be made to agricultural borrowers by nondepository lenders and guaranteed
by the farmers home administration only if the state provides
an ongoing opportunity for examination of such entities to
confirm good lending practices and solvency.
It is the intent of the legislature to empower the director
of financial institutions to examine nondepository agricultural lenders for the purpose of allowing such lenders to qualify for participation in the farmers home administration loan
guaranty program. [1994 c 92 § 251; 1990 c 134 § 1.]
31.35.010
31.35.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agricultural lender" means a Washington corporation incorporated under Title 23B or 24 RCW and qualified
as such under this chapter and the jurisdiction of the federal
government agency sponsoring the loan guaranty program.
(2) "Director" means the director of financial institutions.
31.35.020
[Title 31 RCW—page 49]
31.35.030
Title 31 RCW: Miscellaneous Loan Agencies
(3) "Loan guaranty program" means the farmers home
administration loan guaranty program, or any other government program for which the agricultural lender is eligible and
which has as its function the provision, facilitation, or financing of agricultural business operations. [1994 c 92 § 252;
1990 c 134 § 2.]
31.35.030 Administration—Rules—Duties of director. (1) The director shall administer this chapter. The director may issue orders and adopt rules that, in the opinion of the
director, are necessary to execute, enforce, and effectuate the
purposes of this chapter. Rules to enforce the provisions of
this chapter shall be adopted under the administrative procedure act, chapter 34.05 RCW.
(2) An application filed with the director under this chapter shall be in such form and contain such information as
required by the director by rule and be consistent with the
requirements of the loan guaranty program.
(3) After the director is satisfied that the applicant has
satisfied all the conditions necessary for approval, the director shall issue a license to the applicant authorizing it to be an
agricultural lender under this chapter.
(4) Any change of control of an agricultural lender shall
be subject to the approval of the director. Such approval shall
be subject to the same criteria as the criteria for approval of
the original license. For purposes of this subsection, "change
of control" means directly or indirectly, alone or in concert
with others, to own, control, or hold the power to vote ten
percent or more of the outstanding voting stock of an agricultural lender or the power to elect or control the election of a
majority of the board of directors of an agricultural lender.
(5) The director may deny, suspend, or revoke a license
if the agricultural lender violates any provision of this chapter
or any rules promulgated pursuant to this chapter. [1994 c 92
§ 253; 1990 c 134 § 3.]
31.35.030
31.35.040 Participation by agricultural lender—
Powers and privileges. (1) An agricultural lender may participate in a loan guaranty program. If an agricultural lender
participates in a loan guaranty program, the agricultural
lender shall comply with the requirements of that program.
(2) An agricultural lender may be incorporated under
either the Washington business corporation act, Title 23B
RCW, or the Washington nonprofit corporation act, Title 24
RCW. In addition to the powers and privileges provided to an
agricultural lender by this chapter, an agricultural lender has
all the powers and privileges conferred by its incorporating
statute that are not inconsistent with or limited by this chapter. [1990 c 134 § 4.]
31.35.040
31.35.050 Costs of supervision—Fees. (1) The director is authorized to charge a fee for the estimated direct and
indirect costs for examination and supervision by the director
of an agricultural lender or a subsidiary of an agricultural
lender. Excess examiner time shall be billed at a reasonable
rate established by rule.
(2) All such fees shall be deposited in the financial services regulation fund and administered consistent with the
provisions of RCW 43.320.110. [2001 c 177 § 7; 1994 c 92
§ 254; 1990 c 134 § 5.]
31.35.050
[Title 31 RCW—page 50]
Effective date—2001 c 177: See note following RCW 43.320.080.
31.35.060 Responsibility of agricultural lender—
Recordkeeping—Loan loss reserve. (1) An agricultural
lender shall keep books, accounts, and other records in such
form and manner as required by the director. These records
shall be kept at such place and shall be preserved for such
length of time as specified by the director by rule.
(2) Not more than ninety days after the close of each calendar year, or within a period specified by the director, an
agricultural lender shall file with the director a report containing the following:
(a) Financial statements, including the balance sheet, the
statement of income or loss, the statement of changes in capital accounts, and the statement of changes in financial position; and
(b) Other information that the director may require.
(3) Each agricultural lender shall provide for a loan loss
reserve sufficient to cover projected loan losses that are not
guaranteed by the United States government or any agency
thereof. [1994 c 92 § 255; 1990 c 134 § 6.]
31.35.060
31.35.070 Examination of agricultural lender. (1)
The director shall visit each agricultural lender at least every
twenty-four months for the purpose of assuring that the agricultural lender remains in compliance with and qualified for
the loan guaranty program.
(a) The director may accept timely audited financial
statements and other timely reports the director determines to
be relevant and accurate as part of a full and complete examination of the agricultural lender. The director shall make an
independent review of loans guaranteed by the loan guaranty
program.
(b) The agricultural lender shall be exempt from examination under this subsection if it terminates its activities
under the loan guaranty program and no loans guaranteed by
the loan guaranty program remain on the books. This exemption becomes effective upon notification to the director. The
director shall confirm termination of activities under the loan
guaranty program with the appropriate federal agency.
(c) All examination reports and all information obtained
by the director and the director’s staff in conducting examinations of an agricultural lender are confidential to the same
extent bank examinations are confidential under RCW
30.04.075.
(d) All examination reports may be shared with other
state or federal agencies consistent with chapter 30.04 RCW.
(2) A director, officer, or employee of an agricultural
lender or of a subsidiary of an agricultural lender being examined by the director or a person having custody of any of the
books, accounts, or records of the agricultural lender or of the
subsidiary shall facilitate the examination so far as it is in his
or her power to do so.
(3) If in the opinion of the director it is necessary in the
examination of an agricultural lender or of a subsidiary of an
agricultural lender, the director may retain any certified public accountant, attorney, appraiser, or other person to assist
the director. The agricultural lender being examined shall pay
the fees of a person retained by the director under this subsection. [1994 c 92 § 256; 1990 c 134 § 7.]
31.35.070
(2010 Ed.)
Federally Guaranteed Small Business Loans
31.35.080 Enforcement—Responsibility of director—Penalty. (1) The director shall adopt rules to enforce
the intent and purposes of this chapter. Such rules shall
include, but not be limited to, the following:
(a) Disclosure of conflicts of interest;
(b) Prohibition of false statements made to the director
on any form required by the director or during any examination; or
(c) Prevention of fraud and undue influence within an
agricultural lender.
(2) A violation of any provision of this chapter or any
rule of the director adopted under this chapter by an agent,
employee, officer, or director of the agricultural lender shall
be punishable by a fine, established by the director, not to
exceed one hundred dollars for each offense. Each day’s continuance of the violation shall be a separate and distinct
offense. All fines shall be credited to the financial services
regulation fund.
(3) The director may issue and serve upon an agricultural
lender a notice of charges if, in the opinion of the director, the
agricultural lender is violating or has violated the law, rule, or
any condition imposed in writing by the director or any written agreement made by the director.
(a) The notice shall contain a statement of the facts constituting the alleged violation or practice and shall fix a time
and place at which a hearing will be held to determine
whether an order to cease and desist should issue against the
agricultural lender. The hearing shall be set not earlier than
ten days nor later than thirty days after service of the notice
unless a later date is set by the director at the request of the
agricultural lender.
Unless the agricultural lender appears at the hearing by a
duly authorized representative, it shall be deemed to have
consented to the issuance of the cease and desist order. In the
event of consent or if, upon the record made at the hearing,
the director finds that any violation or practice specified in
the notice of charges has been established, the director may
issue and serve upon the agricultural lender an order to cease
and desist from the violation or practice. The order may
require the agricultural lender and its directors, officers,
employees, and agents to cease and desist from the violation
or practice and may require the agricultural lender to take
affirmative action to correct the conditions resulting from the
violation or practice.
(b) A cease and desist order shall become effective at the
expiration of ten days after the service of the order upon the
agricultural lender concerned, except that a cease and desist
order issued upon consent shall become effective at the time
specified in the order and shall remain effective as provided
in the order unless it is stayed, modified, terminated, or set
aside by action of the director or a reviewing court. [2001 c
177 § 8; 1994 c 92 § 257; 1990 c 134 § 8.]
31.35.080
Effective date—2001 c 177: See note following RCW 43.320.080.
31.35.090 Enforcement—Court order. If, in the opinion of the director, an agricultural lender violates or there is
reasonable cause to believe that an agricultural lender is
about to violate any provision of this chapter or any rule
adopted under this chapter, the director may bring an action
in the appropriate court to enjoin the violation or to enforce
compliance. Upon a proper showing, a restraining order, or
31.35.090
(2010 Ed.)
31.40.010
preliminary or permanent injunction, shall be granted, and a
receiver or a conservator may be appointed for the agricultural lender or the agricultural lender’s assets. [1994 c 92 §
258; 1990 c 134 § 9.]
31.35.100 Notice—Investments not insured. All agricultural lenders shall notify their members at the time of
membership and annually thereafter that their investment in
the agricultural lender, although regulated by the director, is
not insured, guaranteed, or protected by any federal or state
agency. [1994 c 92 § 259; 1990 c 134 § 10.]
31.35.100
31.35.105 Application of RCW 31.24.230. RCW
31.24.230 (2) through (4) supersede any contrary provision
of this chapter. [2006 c 87 § 28.]
31.35.105
31.35.900 Severability—Administrative review—
1990 c 134. If any provision of this act or its application to
any person or circumstance is held invalid or, if in the written
opinion of the farmers home administration, is contrary to the
intent and purposes of the loan guaranty program, the director
shall not enforce such provision, but the remainder of the act
or the application of the provision to other persons or circumstances shall not be affected. [1994 c 92 § 260; 1990 c 134 §
11.]
31.35.900
Chapter 31.40
Chapter 31.40 RCW
FEDERALLY GUARANTEED
SMALL BUSINESS LOANS
Sections
31.40.010
31.40.020
31.40.030
31.40.040
31.40.050
31.40.060
31.40.070
31.40.080
31.40.090
31.40.100
31.40.110
31.40.120
31.40.130
31.40.135
31.40.900
Intent.
Definitions.
Director—Powers and duties.
Licensee—Powers and duties.
License approval.
Prohibited loans—Exception.
Fees.
Records—Reports—Loan loss reserve.
Examination of licensees.
Application denial.
Rules—Penalties.
Injunction.
Penalty—License impairment.
Application of RCW 31.24.230.
Severability—1989 c 212.
31.40.010 Intent. The legislature finds and declares
that small and moderate-size companies can enhance their
access to working capital and to capital for acquiring and
equipping commercial and industrial facilities by using the
United States small business administration national small
business loan program known as the 7(a) loan guaranty program. The 7(a) loan guaranty program provides financing to
small firms needing working capital and longer term financing for equipment and other fixed assets. Such loans can be
made to small businesses by nondepository lenders and guaranteed by the small business administration only if the state
provides for the on-going regulation and examination of such
entities.
It is the intent of the legislature that the director of financial institutions [license], regulate, and subject to on-going
examination, nondepository lenders for the purpose of allowing such lenders to participate in the small business adminis31.40.010
[Title 31 RCW—page 51]
31.40.020
Title 31 RCW: Miscellaneous Loan Agencies
tration’s 7(a) loan guaranty program. [1994 c 92 § 261; 1989
c 212 § 1.]
31.40.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Licensee" means a Washington corporation licensed
under the terms of this chapter.
(2) "Director" means the director of financial institutions. [1994 c 92 § 262; 1989 c 212 § 2.]
31.40.020
31.40.030 Director—Powers and duties. (1) The
director shall administer this chapter. The director may issue
orders and adopt rules that, in the opinion of the director, are
necessary to execute, enforce, and effectuate the purposes of
this chapter. Rules to enforce the provisions of this chapter
shall be adopted under the administrative procedure act,
chapter 34.05 RCW.
(2) Whenever the director issues an order or a license
under this chapter, the director may impose conditions that
are necessary, in the opinion of the director, to carry out the
purposes of this chapter.
(3) An application filed with the director under this chapter shall be in such a form and contain such information as the
director may require.
(4) Any change of control of a licensee shall be subject
to the approval of the director. Such approval shall be subject
to the same criteria as the criteria for approval of the original
license. For purposes of this subsection, "change of control"
means directly or indirectly, alone or in concert with others,
to own, control, or hold the power to vote ten percent or more
of the outstanding voting stock of a licensee or the power to
elect or control the election of a majority of the board of
directors of the licensee. [1994 c 92 § 263; 1989 c 212 § 3.]
31.40.030
31.40.040 Licensee—Powers and duties. (1) A licensee may participate in the 7(a) loan guaranty program of
the small business administration pursuant to section 7(a) of
the federal small business investment act of 1958, 15 U.S.C.
Sec. 636(a), or any other government program for which the
licensee is eligible and which has as its function the provision
or facilitation of financing or management assistance to business firms. If a licensee participates in a program referred to
in this section, the licensee shall comply with the requirements of that program.
(2) A licensee may be incorporated under either the
Washington business corporation act or the Washington nonprofit corporation act. In addition to the powers and privileges provided to a licensee by this chapter, a licensee has all
the powers and privileges conferred by its incorporating statute which are not inconsistent with or limited by this chapter.
[1989 c 212 § 4.]
31.40.040
the director, the director shall approve an application for a
license if, and only if, the director determines that:
(1) The applicant is capitalized in an amount that is not
less than five hundred thousand dollars and that such sum is
adequate for the applicant to transact business as a nondepository 7(a) lender and that in evaluating the capital position of
the applicant the director may consider and include the net
worth of any corporate shareholder of the applicant corporation if the shareholder guarantees the liabilities of the applicant: PROVIDED, That such corporate shareholder be subject to the reporting requirements of RCW 31.40.080;
(2) Each director, officer, and controlling person of the
applicant is of good character and sound financial standing;
that the directors and officers of the applicant are competent
to perform their functions with respect to the applicant; and
that the directors and officers of the applicant are collectively
adequate to manage the business of the applicant as a nondepository 7(a) lender;
(3) The business plan of the applicant will be honestly
and efficiently conducted in accordance with the intent and
purposes of this chapter; and
(4) The proposed activity possesses a reasonable prospect for success. [1994 c 92 § 264; 1989 c 212 § 5.]
31.40.060 Prohibited loans—Exception. (1) Either by
itself or in concert with a director, officer, principal shareholder, or affiliate, or with another licensee, a licensee shall
not hold control of a business firm to which it has made a loan
under section 7(a) of the federal small business investment
act of 1958, 15 U.S.C. Sec. 636(a), except that, to the extent
necessary to protect the licensee’s interest as creditor of the
business firm, a licensee that provides financing assistance to
a business firm may acquire and hold control of that business
firm. Unless the director approves a longer period, a licensee
holding control of a business firm under this section shall
divest itself of the interest which constitutes holding control
as soon as practicable or within five years after acquiring that
interest, whichever is sooner.
(2) For the purposes of subsection (1) of this section,
"hold control" means alone or in concert with others:
(a) Ownership, directly or indirectly, of record or beneficially, of voting securities greater than:
(i) For a business firm with outstanding voting securities
held by fewer than fifty shareholders, forty percent of the outstanding voting securities;
(ii) For a business firm with outstanding voting securities
held by fifty or more shareholders, twenty-five percent of the
outstanding voting securities;
(b) Being able to elect or control the election of a majority of the board of directors. [1994 c 92 § 265; 1989 c 212 §
6.]
31.40.060
31.40.070 Fees. (1) The director is authorized to charge
a fee for the estimated direct and indirect costs of the following:
(a) An application for a license and the investigation
thereof;
(b) An application for approval to acquire control of a
licensee and the investigation thereof;
31.40.070
31.40.050 License approval. After a review of information regarding the directors, officers, and controlling persons of the applicant for a license, a review of the applicant’s
business plan, including at least three years of detailed financial projections and other relevant information, and a review
of such additional information as is considered relevant by
31.40.050
[Title 31 RCW—page 52]
(2010 Ed.)
Check Cashers and Sellers
(c) An application for approval for a licensee to merge
with another corporation, an application for approval for a
licensee to purchase all or substantially all of the business of
another person, or an application for approval for a licensee
to sell all or substantially all of its business or of the business
of any of its offices to another licensee and the investigation
thereof;
(d) An annual license;
(e) An examination by the director of a licensee or a subsidiary of a licensee. Excess examiner time shall be billed at
a reasonable rate established by rule.
(2) A fee for filing an application with the director shall
be paid at the time the application is filed with the director.
(3) All such fees shall be deposited in the financial services regulation fund and administered consistent with the
provisions of RCW 43.320.110. [2001 c 177 § 9; 1994 c 92
§ 266; 1989 c 212 § 7.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Additional notes found at www.leg.wa.gov
31.40.080
31.40.080 Records—Reports—Loan loss reserve. (1)
A licensee shall keep books, accounts, and other records in
such a form and manner as the director may require. These
records shall be kept at such a place and shall be preserved for
such a length of time as the director may specify.
(2) Not more than ninety days after the close of each calendar year or within a period specified by the director, a licensee shall file with the director a report containing the following:
(a) Financial statements, including the balance sheet, the
statement of income or loss, the statement of changes in capital accounts and the statement of changes in financial position; and
(b) Other information that the director may require.
(3) Each licensee shall provide for a loan loss reserve
sufficient to cover projected loan losses which are not guaranteed by the United States government or any agency
thereof. [1994 c 92 § 267; 1989 c 212 § 8.]
31.40.090 Examination of licensees. (1) The director
shall examine each licensee not less than once every twentyfour months.
(2) The director may with or without notice and at any
time during regular business hours examine a licensee or a
subsidiary of a licensee.
(3) A director, officer, or employee of a licensee or of a
subsidiary of a licensee being examined by the director or a
person having custody of any of the books, accounts, or
records of the licensee or of the subsidiary shall otherwise
facilitate the examination so far as it is in his or her power to
do so.
(4) If in the director’s opinion it is necessary in the examination of a licensee, or of a subsidiary of a licensee, the
director may retain any certified public accountant, attorney,
appraiser, or other person to assist the director. The licensee
being examined shall pay the fees of a person retained by the
director under this subsection. [2006 c 87 § 30; 1994 c 92 §
268; 1989 c 212 § 9.]
Chapter 31.45
31.40.100 Application denial. If the director denies an
application, the director shall provide the applicant with a
written statement explaining the basis for the denial. [1994 c
92 § 269; 1989 c 212 § 10.]
31.40.100
31.40.110 Rules—Penalties. (1) The director shall
adopt rules to enforce the intent and purposes of this chapter.
Such rules shall include, but need not be limited to, the following:
(a) Disclosure of conflicts of interest;
(b) Prohibition of false statements made to the director
on any form required by the director or during any examination requested by the director; or
(c) Prevention of fraud and undue influence by a licensee.
(2) A violation of any provision of this chapter or any
rule of the director adopted under this chapter by an agent,
employee, officer, or director of the licensee shall be punishable by a fine, established by the director, not to exceed one
hundred dollars for each offense. Each day’s continuance of
the violation shall be a separate and distinct offense. Each
such fine shall be credited to the financial services regulation
fund. [2001 c 177 § 10; 1994 c 92 § 270; 1989 c 212 § 11.]
31.40.110
Effective date—2001 c 177: See note following RCW 43.320.080.
31.40.120 Injunction. If, in the opinion of the director,
a person violates or there is reasonable cause to believe that a
person is about to violate any provision of this chapter or any
rule adopted under this chapter, the director may bring an
action in the appropriate court to enjoin the violation or to
enforce compliance. Upon a proper showing, a restraining
order, preliminary or permanent injunction, shall be granted,
and a receiver or a conservator may be appointed for the
defendant or the defendant’s assets. [1994 c 92 § 271; 1989
c 212 § 12.]
31.40.120
31.40.130 Penalty—License impairment. The director may deny, suspend, or revoke a license if the applicant or
holder violates any provision of this chapter or any rules promulgated pursuant to this chapter. [1994 c 92 § 272; 1989 c
212 § 13.]
31.40.130
31.40.090
(2010 Ed.)
31.40.135 Application of RCW 31.24.230. RCW
31.24.230 (1), (3), and (4) supersede any contrary provision
of this chapter. [2006 c 87 § 29.]
31.40.135
31.40.900 Severability—1989 c 212. If any provision
of this act or its application to any person or circumstance is
held invalid or, if in the written opinion of the small business
administration, is contrary to the intent and purposes of the
7(a) loan guaranty program, the director shall not enforce
such provision but the remainder of the act or the application
of the provision to other persons or circumstances shall not be
affected. [1994 c 92 § 273; 1989 c 212 § 16.]
31.40.900
Chapter 31.45
Chapter 31.45 RCW
CHECK CASHERS AND SELLERS
Sections
31.45.010
Definitions.
[Title 31 RCW—page 53]
31.45.010
31.45.020
31.45.030
31.45.040
31.45.050
31.45.060
31.45.070
31.45.073
31.45.077
31.45.079
31.45.080
31.45.082
31.45.084
31.45.085
31.45.086
31.45.088
31.45.090
31.45.093
31.45.095
31.45.100
31.45.105
31.45.110
31.45.120
31.45.130
31.45.140
31.45.150
31.45.160
31.45.180
31.45.190
31.45.200
31.45.210
31.45.900
31.45.901
Title 31 RCW: Miscellaneous Loan Agencies
Application of chapter.
License required—Small loan endorsement—Application—
Fee—Bond—Deposit in lieu of bond—Director’s duties.
Application for license or small loan endorsement—Financial responsibility—Director’s investigation.
Investigation or examination fee and annual assessment fee
required—Amounts determined by rule—Failure to pay—
Notice requirements of licensee.
Licensee—Schedule of fee and charges—Recordkeeping.
Licensee—Permissible transactions—Restrictions.
Making small loans—Endorsement required—Due date—
Termination date—Maximum amount—Installment
plans—Interest—Fees—Postdated check or draft as security.
Small loan endorsement—Application—Form—Information—Exemption from disclosure—Fees.
Making small loans—Agent for a licensee or exempt
entity—Federal preemption.
Trust funds—Deposit requirements—Rules.
Delinquent small loan—Restrictions on collection by licensee or third party—Definitions.
Small loan installment plan—Terms—Restrictions.
Loan application—Required statement—Rules.
Small loans—Right of rescission.
Small loans—Disclosure requirements—Advertising—Making loan.
Report requirements—Disclosure of information—Rules.
Information system—Access—Required information—
Fees—Rules.
Report by director—Contents.
Examination or investigation—Director’s authority—Costs.
Violations of chapter—Enforceability of transaction.
Violations or unsound financial practices—Statement of
charges—Hearing—Sanctions—Director’s authority.
Violations or unsound practices—Temporary cease and
desist order—Director’s authority.
Temporary cease and desist order—Licensee’s application
for injunction.
Violation of temporary cease and desist order—Director’s
application for injunction.
Licensee’s failure to perform obligations—Director’s duty.
Director’s possession of property and business—Appointment of receiver.
Violation—Misdemeanor.
Violation—Consumer protection act—Remedies.
Director—Broad administrative discretion.
Military borrowers—Licensee’s duty—Definition.
Effective date, implementation—1991 c 355.
Effective date—2009 c 510.
31.45.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Applicant" means a person that files an application
for a license under this chapter, including the applicant’s sole
proprietor, owners, directors, officers, partners, members,
and controlling persons.
(2) "Borrower" means a natural person who receives a
small loan.
(3) "Business day" means any day that the licensee is
open for business in at least one physical location.
(4) "Check" means the same as defined in RCW
62A.3-104(f) and, for purposes of conducting the business of
making small loans, includes other electronic forms of payment, including stored value cards, internet transfers, and
automated clearing house transactions.
(5) "Check casher" means an individual, partnership,
unincorporated association, or corporation that, for compensation, engages, in whole or in part, in the business of cashing
checks, drafts, money orders, or other commercial paper
serving the same purpose.
(6) "Check seller" means an individual, partnership,
unincorporated association, or corporation that, for compensation, engages, in whole or in part, in the business of or sell31.45.010
[Title 31 RCW—page 54]
ing checks, drafts, money orders, or other commercial paper
serving the same purpose.
(7) "Collateral" means the same as defined in chapter
62A.9A RCW.
(8) "Controlling person" means a person owning or controlling ten percent or more of the total outstanding shares of
the applicant or licensee, if the applicant or licensee is a corporation, and a member who owns ten percent or more of a
limited liability company or limited liability partnership.
(9) "Default" means the borrower’s failure to repay the
small loan in compliance with the terms contained in the
small loan agreement or note or failure to pay any installment
plan payment on an installment plan within ten days after the
date upon which the installment was scheduled to be paid.
(10) "Director" means the director of financial institutions.
(11) "Financial institution" means a commercial bank,
savings bank, savings and loan association, or credit union.
(12) "Installment plan" is a contract between a licensee
and borrower that provides that the loaned amount will be
repaid in substantially equal installments scheduled on or
after a borrower’s pay dates and no less than fourteen days
apart.
(13) "Licensee" means a check casher or seller licensed
by the director to engage in business in accordance with this
chapter. For purposes of the enforcement powers of this
chapter, including the power to issue cease and desist orders
under RCW 31.45.110, "licensee" also means a check casher
or seller who fails to obtain the license required by this chapter.
(14) "Loaned amount" means the outstanding principal
balance and any fees authorized under RCW 31.45.073 that
have not been paid by the borrower.
(15) "Origination date" means the date upon which the
borrower and the licensee initiate a small loan transaction.
(16) "Outstanding principal balance" of a small loan
means any of the principal amount that has not been paid by
the borrower.
(17) "Paid" means that moment in time when the licensee deposits the borrower’s check or accepts cash for the
full amount owing on a valid small loan. If the borrower’s
check is returned by the borrower’s bank for insufficient
funds, the licensee shall not consider the loan paid.
(18) "Person" means an individual, partnership, association, limited liability company, limited liability partnership,
trust, corporation, and any other legal entity.
(19) "Principal" means the loan proceeds advanced for
the benefit of the borrower in a small loan, excluding any fee
or interest charge.
(20) "Rescission" means annulling the loan contract and,
with respect to the small loan contract, returning the borrower
and the licensee to their financial condition prior to the origination date of the loan.
(21) "Small loan" means a loan of up to the maximum
amount and for a period of time up to the maximum term
specified in RCW 31.45.073.
(22) "Termination date" means the date upon which payment for the small loan transaction is due or paid to the licensee, whichever occurs first.
(23) "Total of payments" means the principal amount of
the small loan plus all fees or interest charged on the loan.
(2010 Ed.)
Check Cashers and Sellers
(24) "Trade secret" means the same as defined in RCW
19.108.010. [2009 c 510 § 2; 2003 c 86 § 1; 1995 c 18 § 1;
1994 c 92 § 274; 1993 c 143 § 1; 1991 c 355 § 1.]
Finding—Intent—Liberal construction—2009 c 510: "The legislature finds that some small loan borrowers are unable to pay the entire loaned
amount when it is due. Many of these borrowers take out multiple loans to
pay off the original borrowed sum.
It is the legislature’s intent to reduce or limit the number of borrowers
taking out multiple loans by providing for installment plans that give a borrower a better opportunity to pay off their original small loan without having
to resort to taking out a subsequent loan or loans.
This act shall be liberally construed to effectuate the legislature’s intent
to protect borrowers." [2009 c 510 § 1.]
31.45.020 Application of chapter. (1) This chapter
does not apply to:
(a) Any financial institution or trust company authorized
to do business in Washington;
(b) The cashing of checks, drafts, or money orders by
any person who cashes checks, drafts, or money orders as a
convenience, as a minor part of its customary business, and
not for profit;
(c) The issuance or sale of checks, drafts, or money
orders by any corporation, partnership, or association that has
a net worth of not less than three million dollars as shown by
audited financial statements; and
(d) The issuance or sale of checks, drafts, money orders,
or other commercial paper serving the same purpose by any
agent of a corporation, partnership, or association described
in (c) of this subsection.
(2) Upon application to the director, the director may
exempt a person from any or all provisions of this chapter
upon a finding by the director that although not otherwise
exempt under this section, the applicant is not primarily
engaged in the business of cashing or selling checks and a
total or partial exemption would not be detrimental to the
public. [2003 c 86 § 2; 1994 c 92 § 275; 1991 c 355 § 2.]
31.45.020
31.45.030 License required—Small loan endorsement—Application—Fee—Bond—Deposit in lieu of
bond—Director’s duties. (1) Except as provided in RCW
31.45.020, no check casher or seller may engage in business
without first obtaining a license from the director in accordance with this chapter. A license is required for each location where a licensee engages in the business of cashing or
selling checks or drafts.
(2) Each application for a license shall be in writing in a
form prescribed by the director and shall contain the following information:
(a) The legal name, residence, and business address of
the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director
thereof;
(b) The location where the initial registered office of the
applicant will be located in this state;
(c) The complete address of any other locations at which
the applicant proposes to engage in business as a check
casher or seller; and
(d) Such other data, financial statements, and pertinent
information as the director may require with respect to the
applicant, its directors, trustees, officers, members, or agents.
31.45.030
(2010 Ed.)
31.45.030
(3) Any information in the application regarding the personal residential address or telephone number of the applicant, and any trade secret as defined in RCW 19.108.010
including any financial statement that is a trade secret, is
exempt from the public records disclosure requirements of
chapter 42.56 RCW.
(4) The application shall be filed together with an investigation and supervision fee established by rule by the director. Such fees collected shall be deposited to the credit of the
financial services regulation fund in accordance with RCW
43.320.110.
(5)(a) Before granting a license to sell checks, drafts, or
money orders under this chapter, the director shall require
that the licensee file with the director a surety bond running
to the state of Washington, which bond shall be issued by a
surety insurer which meets the requirements of chapter 48.28
RCW, and be in a format acceptable to the director. The
director shall adopt rules to determine the penal sum of the
bond that shall be filed by each licensee. The bond shall be
conditioned upon the licensee paying all persons who purchase checks, drafts, or money orders from the licensee the
face value of any check, draft, or money order which is dishonored by the drawee bank, savings bank, or savings and
loan association due to insufficient funds or by reason of the
account having been closed. The bond shall only be liable for
the face value of the dishonored check, draft, or money order,
and shall not be liable for any interest or consequential damages.
(b) Before granting a small loan endorsement under this
chapter, the director shall require that the licensee file with
the director a surety bond, in a format acceptable to the director, issued by a surety insurer that meets the requirements of
chapter 48.28 RCW. The director shall adopt rules to determine the penal sum of the bond that shall be filed by each licensee. A licensee who wishes to engage in both check selling
and making small loans may combine the penal sums of the
bonding requirements and file one bond in a form acceptable
to the director. The bond shall run to the state of Washington
as obligee, and shall run to the benefit of the state and any
person or persons who suffer loss by reason of the licensee’s
violation of this chapter or any rules adopted under this chapter. The bond shall only be liable for damages suffered by
borrowers as a result of the licensee’s violation of this chapter
or rules adopted under this chapter, and shall not be liable for
any interest or consequential damages.
(c) The bond shall be continuous and may be canceled by
the surety upon the surety giving written notice to the director
and licensee of its intent to cancel the bond. The cancellation
is effective thirty days after the notice is received by the
director. Whether or not the bond is renewed, continued,
reinstated, reissued, or otherwise extended, replaced, or modified, including increases or decreases in the penal sum, it
shall be considered one continuous obligation, and the surety
upon the bond shall not be liable in an aggregate or cumulative amount exceeding the penal sum set forth on the face of
the bond. In no event shall the penal sum, or any portion
thereof, at two or more points in time be added together in
determining the surety’s liability. The bond shall not be liable for any liability of the licensee for tortious acts, whether
or not such liability is imposed by statute or common law, or
is imposed by contract. The bond shall not be a substitute or
[Title 31 RCW—page 55]
31.45.040
Title 31 RCW: Miscellaneous Loan Agencies
supplement to any liability or other insurance required by law
or by the contract. If the surety desires to make payment
without awaiting court action against it, the penal sum of the
bond shall be reduced to the extent of any payment made by
the surety in good faith under the bond.
(d) Any person who is a purchaser of a check, draft, or
money order from the licensee having a claim against the licensee for the dishonor of any check, draft, or money order by
the drawee bank, savings bank, or savings and loan association due to insufficient funds or by reason of the account having been closed, or who obtained a small loan from the licensee and was damaged by the licensee’s violation of this
chapter or rules adopted under this chapter, may bring suit
upon such bond or deposit in the superior court of the county
in which the check, draft, or money order was purchased, or
in the superior court of a county in which the licensee maintains a place of business. Jurisdiction shall be exclusively in
the superior court. Any such action must be brought not later
than one year after the dishonor of the check, draft, or money
order on which the claim is based. In the event valid claims
against a bond or deposit exceed the amount of the bond or
deposit, each claimant shall only be entitled to a pro rata
amount, based on the amount of the claim as it is valid against
the bond, or deposit, without regard to the date of filing of
any claim or action.
(e) In lieu of the surety bond required by this section, the
applicant for a check seller license may file with the director
a deposit consisting of cash or other security acceptable to the
director in an amount equal to the penal sum of the required
bond. In lieu of the surety bond required by this section, the
applicant for a small loan endorsement may file with the
director a deposit consisting of cash or other security acceptable to the director in an amount equal to the penal sum of the
required bond, or may demonstrate to the director net worth
in excess of three times the amount of the penal sum of the
required bond.
The director may adopt rules necessary for the proper
administration of the security or to establish reporting
requirements to ensure that the net worth requirements continue to be met. A deposit given instead of the bond required
by this section is not an asset of the licensee for the purpose
of complying with the liquid asset provisions of this chapter.
A deposit given instead of the bond required by this section is
a fund held in trust for the benefit of eligible claimants under
this section and is not an asset of the estate of any licensee
that seeks protection voluntarily or involuntarily under the
bankruptcy laws of the United States.
(f) Such security may be sold by the director at public
auction if it becomes necessary to satisfy the requirements of
this chapter. Notice of the sale shall be served upon the licensee who placed the security personally or by mail. If notice
is served by mail, service shall be addressed to the licensee at
its address as it appears in the records of the director. Bearer
bonds of the United States or the state of Washington without
a prevailing market price must be sold at public auction.
Such bonds having a prevailing market price may be sold at
private sale not lower than the prevailing market price. Upon
any sale, any surplus above amounts due shall be returned to
the licensee, and the licensee shall deposit with the director
additional security sufficient to meet the amount required by
the director. A deposit given instead of the bond required by
[Title 31 RCW—page 56]
this section shall not be deemed an asset of the licensee for
the purpose of complying with the liquid asset provisions of
this chapter. [2005 c 274 § 255; 2003 c 86 § 3; 2001 c 177 §
11; 1995 c 18 § 4; 1994 c 92 § 276; 1993 c 176 § 1; 1991 c
355 § 3.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—2001 c 177: See note following RCW 43.320.080.
Examination reports and information from financial institutions exempt:
RCW 42.56.400.
Additional notes found at www.leg.wa.gov
31.45.040 Application for license or small loan
endorsement—Financial responsibility—Director’s
investigation. (1) The director shall conduct an investigation
of every applicant to determine the financial responsibility,
experience, character, and general fitness of the applicant.
The director shall issue the applicant a license to engage in
the business of cashing or selling checks, or both, or a small
loan endorsement, if the director determines to his or her satisfaction that:
(a) The applicant has satisfied the requirements of RCW
31.45.030;
(b) The applicant is financially responsible and appears
to be able to conduct the business of cashing or selling checks
or making small loans in an honest, fair, and efficient manner
with the confidence and trust of the community; and
(c) The applicant has the required bonds, or has provided
an acceptable alternative form of financial security.
(2) The director may refuse to issue a license or small
loan endorsement if he or she finds that the applicant, or any
person who is a director, officer, partner, agent, sole proprietor, owner, or controlling person of the applicant, has been
convicted of a felony in any jurisdiction within seven years of
filing the present application or is associating or consorting
with any person who has been convicted of a felony in any
jurisdiction within seven years of filing the present application. The term "substantial stockholder" as used in this subsection, means a person owning or controlling ten percent or
more of the total outstanding shares of the applicant corporation.
(3) A license or small loan endorsement may not be
issued to an applicant:
(a) Whose license to conduct business under this chapter,
or any similar statute in any other jurisdiction, has been suspended or revoked within five years of the filing of the
present application;
(b) Who has been banned from the industry by an administrative order issued by the director or the director’s designee, for the period specified in the administrative order; or
(c) When any person who is a sole proprietor, owner,
director, officer, partner, agent, or controlling person of the
applicant has been banned from the industry in an administrative order issued by the director, for the period specified in
the administrative order.
(4) A license or small loan endorsement issued under this
chapter shall be conspicuously posted in the place of business
of the licensee. The license is not transferable or assignable.
(5) A license or small loan endorsement issued in accordance with this chapter remains in force and effect until surrendered, suspended, or revoked, or until the license expires
31.45.040
(2010 Ed.)
Check Cashers and Sellers
as a result of nonpayment of the annual assessment fee.
[2003 c 86 § 4; 1996 c 13 § 1; 1995 c 18 § 5; 1994 c 92 § 277;
1991 c 355 § 4.]
31.45.050 Investigation or examination fee and
annual assessment fee required—Amounts determined
by rule—Failure to pay—Notice requirements of licensee.
(1) Each applicant and licensee shall pay to the director an
investigation or examination fee as established in rule and an
annual assessment fee for the coming year in an amount
determined by rule as necessary to cover the operation of the
program. The annual assessment fee is due upon the annual
assessment fee due date as established in rule. Nonpayment
of the annual assessment fee may result in expiration of the
license as provided in subsection (2) of this section. In establishing the fees, the director shall differentiate between check
cashing and check selling and making small loans, and consider at least the volume of business, level of risk, and potential harm to the public related to each activity. The fees collected shall be deposited to the credit of the financial services
regulation fund in accordance with RCW 43.320.110.
(2) If a licensee does not pay its annual assessment fee by
the annual assessment fee due date as specified in rule, the
director or the director’s designee shall send the licensee a
notice of suspension and assess the licensee a late fee not to
exceed twenty-five percent of the annual assessment fee as
established in rule by the director. The licensee’s payment of
both the annual assessment fee and the late fee must arrive in
the department’s offices by 5:00 p.m. on the tenth day after
the annual assessment fee due date, unless the department is
not open for business on that date, in which case the licensee’s payment of both the annual assessment fee and the
late fee must arrive in the department’s offices by 5:00 p.m.
on the next occurring day that the department is open for
business. If the payment of both the annual assessment fee
and the late fee does not arrive prior to such time and date,
then the expiration of the licensee’s license is effective at
5:00 p.m. on the thirtieth day after the assessment fee due
date. The director or the director’s designee may reinstate the
license if, within twenty days after the effective date of expiration, the licensee:
(a) Pays both the annual assessment fee and the late fee;
and
(b) Attests under penalty of perjury that it did not engage
in conduct requiring a license under this chapter during the
period its license was expired, as confirmed by an investigation by the director or the director’s designee.
(3) If a licensee intends to do business at a new location,
to close an existing place of business, or to relocate an existing place of business, the licensee shall provide written notification of that intention to the director no less than thirty
days before the proposed establishing, closing, or moving of
a place of business. [2003 c 86 § 5; 2001 c 177 § 12; 1996 c
13 § 2; 1995 c 18 § 6; 1994 c 92 § 278; 1991 c 355 § 5.]
31.45.050
Effective date—2001 c 177: See note following RCW 43.320.080.
31.45.060 Licensee—Schedule of fee and charges—
Recordkeeping. (1) A schedule of the fees and the charges
for the cashing and selling of checks, drafts, money orders, or
other commercial paper serving the same purpose shall be
31.45.060
(2010 Ed.)
31.45.070
conspicuously and continuously posted in every location
licensed under this chapter. The licensee shall provide to its
customer a receipt for each transaction. The receipt must
include the name of the licensee, the type and amount of the
transaction, and the fee or fees charged for the transaction.
(2) Each licensee shall keep and maintain such business
books, accounts, and records as the director may require to
fulfill the purposes of this chapter. Every licensee shall preserve such books, accounts, and records as required in rule by
the director for at least two years from the completion of the
transaction. Records may be maintained on an electronic,
magnetic, optical, or other storage media. However, the licensee must maintain the necessary technology to permit
access to the records by the department for the period
required under this chapter.
(3) A check, draft, or money order sold by a licensee
shall be drawn on an account of a licensee maintained in a
federally insured financial institution authorized to do business in the state of Washington. [2003 c 86 § 6; 1994 c 92 §
279; 1991 c 355 § 6.]
31.45.070 Licensee—Permissible transactions—
Restrictions. (1) No licensee may engage in a loan business
or the negotiation of loans or the discounting of notes, bills of
exchange, checks, or other evidences of debt on the same premises where a check cashing or selling business is conducted,
unless the licensee:
(a) Is conducting the activities of pawnbroker as defined
in RCW 19.60.010;
(b) Is a properly licensed consumer loan company under
chapter 31.04 RCW;
(c) Is conducting other lending activity permitted in the
state of Washington; or
(d) Has a small loan endorsement.
(2) Except as otherwise permitted in this chapter, no licensee may at any time cash or advance any moneys on a postdated check or draft. However, a licensee may cash a check
payable on the first banking day following the date of cashing
if:
(a) The check is drawn by the United States, the state of
Washington, or any political subdivision of the state, or by
any department or agency of the state or its subdivisions; or
(b) The check is a payroll check drawn by an employer
to the order of its employee in payment for services performed by the employee.
(3) Except as otherwise permitted in this chapter, no licensee may agree to hold a check or draft for later deposit. A
licensee shall deposit all checks and drafts cashed by the licensee as soon as practicable.
(4) No licensee may issue or cause to be issued any
check, draft, or money order, or other commercial paper serving the same purpose, that is drawn upon the trust account of
a licensee without concurrently receiving the full principal
amount, in cash, or by check, draft, or money order from a
third party believed to be valid.
(5) No licensee may advertise, print, display, publish,
distribute, or broadcast or cause or permit to be advertised,
printed, displayed, published, distributed, or broadcast, any
statement or representation that is false, misleading, or
deceptive, or that omits material information, or that refers to
31.45.070
[Title 31 RCW—page 57]
31.45.073
Title 31 RCW: Miscellaneous Loan Agencies
the supervision of the licensee by the state of Washington or
any department or official of the state.
(6) Each licensee shall comply with all applicable federal
statutes governing currency transaction reporting. [2003 c 86
§ 7; 1995 c 18 § 7; 1994 c 92 § 280; 1991 c 355 § 7.]
31.45.073 Making small loans—Endorsement
required—Due date—Termination date—Maximum
amount—Installment plans—Interest—Fees—Postdated
check or draft as security. (1) No licensee may engage in
the business of making small loans without first obtaining a
small loan endorsement to its license from the director in
accordance with this chapter. An endorsement will be
required for each location where a licensee engages in the
business of making small loans, but a small loan endorsement
may authorize a licensee to make small loans at a location
different than the licensed locations where it cashes or sells
checks. A licensee may have more than one endorsement.
(2) A licensee must set the due date of a small loan on or
after the date of the borrower’s next pay date. If a borrower’s
next pay date is within seven days of taking out the loan, a licensee must set the due date of a small loan on or after the borrower’s second pay date after the date the small loan is made.
The termination date of a small loan may not exceed the origination date of that same small loan by more than forty-five
days, including weekends and holidays, unless the term of the
loan is extended by agreement of both the borrower and the
licensee and no additional fee or interest is charged. The
maximum principal amount of any small loan, or the outstanding principal balances of all small loans made by all licensees to a single borrower at any one time, may not exceed
seven hundred dollars or thirty percent of the gross monthly
income of the borrower, whichever is lower. A licensee is
prohibited from making a small loan to a borrower who is in
default on another small loan until after that loan is paid in
full or two years have passed from the origination date of the
small loan, whichever occurs first.
(3) A licensee is prohibited from making a small loan to
a borrower in an installment plan with any licensee until after
the plan is paid in full or two years have passed from the origination date of the installment plan, whichever occurs first.
(4) A borrower is prohibited from receiving more than
eight small loans from all licensees in any twelve-month
period. A licensee is prohibited from making a small loan to
a borrower if making that small loan would result in a borrower receiving more than eight small loans from all licensees in any twelve-month period.
(5) A licensee that has obtained the required small loan
endorsement may charge interest or fees for small loans not
to exceed in the aggregate fifteen percent of the first five hundred dollars of principal. If the principal exceeds five hundred dollars, a licensee may charge interest or fees not to
exceed in the aggregate ten percent of that portion of the principal in excess of five hundred dollars. If a licensee makes
more than one loan to a single borrower, and the aggregated
principal of all loans made to that borrower exceeds five hundred dollars at any one time, the licensee may charge interest
or fees not to exceed in the aggregate ten percent on that portion of the aggregated principal of all loans at any one time
that is in excess of five hundred dollars. The director may
determine by rule which fees, if any, are not subject to the
31.45.073
[Title 31 RCW—page 58]
interest or fee limitations described in this section. It is a violation of this chapter for any licensee to knowingly loan to a
single borrower at any one time, in a single loan or in the
aggregate, more than the maximum principal amount
described in this section.
(6) In connection with making a small loan, a licensee
may advance moneys on the security of a postdated check.
The licensee may not accept any other property, title to property, or other evidence of ownership of property as collateral
for a small loan. The licensee may accept only one postdated
check per loan as security for the loan. A licensee may permit a borrower to redeem a postdated check with a payment
of cash or the equivalent of cash. The licensee may disburse
the proceeds of a small loan in cash, in the form of a check, or
in the form of the electronic equivalent of cash or a check.
(7) No person may at any time cash or advance any moneys on a postdated check or draft in excess of the amount of
goods or services purchased without first obtaining a small
loan endorsement to a check casher or check seller license.
[2009 c 510 § 3; 2003 c 86 § 8; 1995 c 18 § 2.]
Finding—Intent—Liberal construction—2009 c 510: See note following RCW 31.45.010.
31.45.077 Small loan endorsement—Application—
Form—Information—Exemption from disclosure—Fees.
(1) Each application for a small loan endorsement to a check
casher or check seller license must be in writing and in a form
prescribed by the director and shall contain the following
information:
(a) The legal name, residence, and business address of
the applicant, and if the applicant is a partnership, corporation, or association, the name and address of every member,
partner, officer, and director thereof;
(b) The street and mailing address of each location where
the licensee will engage in the business of making small
loans;
(c) A surety bond, or other security allowed under RCW
31.45.030, in the amount required; and
(d) Any other pertinent information, including financial
statements, as the director may require with respect to the licensee and its directors, officers, trustees, members, or
employees.
(2) Any information in the application regarding the licensee’s personal residential address or telephone number,
and any trade secrets of the licensee as defined under RCW
19.108.010 including any financial statement that is a trade
secret, is exempt from the public records disclosure requirements of chapter 42.56 RCW.
(3) The application shall be filed together with an investigation and review fee established by rule by the director.
Fees collected shall be deposited to the credit of the financial
services regulation fund in accordance with RCW
43.320.110. [2005 c 274 § 256; 2003 c 86 § 9; 2001 c 177 §
13; 1995 c 18 § 3.]
31.45.077
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective date—2001 c 177: See note following RCW 43.320.080.
31.45.079 Making small loans—Agent for a licensee
or exempt entity—Federal preemption. A person may not
engage in the business of making small loans as an agent for
31.45.079
(2010 Ed.)
Check Cashers and Sellers
a licensee or exempt entity without first obtaining a small
loan endorsement to a check casher or check seller license
under this chapter. An agent of a licensee or exempt entity
engaged in the business of making small loans is subject to
this chapter. To the extent that federal law preempts the
applicability of any part of this chapter, all other parts of this
chapter remain in effect. [2003 c 86 § 10.]
31.45.080
31.45.080 Trust funds—Deposit requirements—
Rules. (1) All funds received by a licensee or its agents from
the sale of checks, drafts, money orders, or other commercial
paper serving the same purpose constitute trust funds owned
by and belonging to the person from whom they were
received or to the person who has paid the checks, drafts,
money orders, or other commercial paper serving the same
purpose.
(2) All such trust funds shall be deposited in a bank, savings bank, or savings and loan association located in Washington state in an account or accounts in the name of the licensee designated "trust account," or by some other appropriate name indicating that the funds are not the funds of the
licensee or of its officers, employees, or agents. Such funds
are not subject to attachment, levy of execution, or sequestration by order of a court except by a payee, assignee, or holder
in due course of a check, draft, or money order sold by a licensee or its agent. Funds in the trust account, together with
funds and checks on hand and in the hands of agents held for
the account of the licensee at all times shall be at least equal
to the aggregate liability of the licensee on account of checks,
drafts, money orders, or other commercial paper serving the
same purpose that are sold.
(3) The director shall adopt rules requiring the licensee
to periodically withdraw from the trust account the portion of
trust funds earned by the licensee from the sale of checks,
drafts, money orders, or other commercial paper serving the
same purpose. If a licensee has accepted, in payment for a
check, draft, money order, or commercial paper serving the
same purpose issued by the licensee, a check or draft that is
subsequently dishonored, the director shall prohibit the withdrawal of earned funds in an amount necessary to cover the
dishonored check or draft.
(4) If a licensee or its agent commingles trust funds with
its own funds, all assets belonging to the licensee or its agent
are impressed with a trust in favor of the persons specified in
subsection (1) of this section in an amount equal to the aggregate funds that should have been segregated. Such trust continues until an amount equal to the necessary aggregate funds
have been deposited in accordance with subsection (2) of this
section.
(5) Upon request of the director, a licensee shall furnish
to the director an authorization for examination of financial
records of any trust fund account established for compliance
with this section.
(6) The director may adopt any rules necessary for the
maintenance of trust accounts, including rules establishing
procedures for distribution of trust account funds if a license
is suspended, terminated, or not renewed. [1994 c 92 § 281;
1991 c 355 § 8.]
(2010 Ed.)
31.45.082
31.45.082 Delinquent small loan—Restrictions on
collection by licensee or third party—Definitions. (1) A
licensee shall comply with all applicable state and federal
laws when collecting a delinquent small loan. A licensee
may charge a one-time fee as determined in rule by the director to any borrower in default on any loan or loans where the
borrower’s check has been returned unpaid by the financial
institution upon which it was drawn. A licensee may take
civil action under Title 62A RCW to collect upon a check that
has been dishonored. If the licensee takes civil action, a licensee may charge the borrower the cost of collection as
allowed under RCW 62A.3-515, but may not collect attorneys’ fees or any other interest or damages as allowed under
RCW 62A.3-515. A licensee may not threaten criminal prosecution as a method of collecting a delinquent small loan or
threaten to take any legal action against the borrower which
the licensee may not legally take.
(2) Unless invited by the borrower, a licensee may not
visit a borrower’s residence or place of employment for the
purpose of collecting a delinquent small loan. A licensee
may not impersonate a law enforcement official, or make any
statements which might be construed as indicating an official
connection with any federal, state, county, or city law
enforcement agency, or any other governmental agency,
while engaged in collecting a small loan.
(3) A licensee may not communicate with a borrower in
such a manner as to harass, intimidate, abuse, or embarrass a
borrower, including but not limited to communication at an
unreasonable hour, with unreasonable frequency, by threats
of force or violence, or by use of offensive language. A communication shall be presumed to have been made for the purposes of harassment if it is initiated by the licensee for the
purposes of collection and:
(a) It is made with a borrower or spouse in any form,
manner, or place, more than three times in a single week;
(b) It is made with a borrower at his or her place of
employment more than one time in a single week or made to
a borrower after the licensee has been informed that the borrower’s employer prohibits such communications;
(c) It is made with the borrower or spouse at his or her
place of residence between the hours of 9:00 p.m. and 7:30
a.m.; or
(d) It is made to a party other than the borrower, the borrower’s attorney, the licensee’s attorney, or a consumer
reporting agency if otherwise permitted by law except for
purposes of acquiring location or contact information about
the borrower.
(4) A licensee is required to maintain a communication
log of all telephone and written communications with a borrower initiated by the licensee regarding any collection
efforts including date, time, and the nature of each communication.
(5) If a dishonored check is assigned to any third party
for collection, this section applies to the third party for the
collection of the dishonored check.
(6) For the purposes of this section, "communication"
includes any contact with a borrower, initiated by the licensee, in person, by telephone, or in writing (including emails, text messages, and other electronic writing) regarding
the collection of a delinquent small loan, but does not include
any of the following:
31.45.082
[Title 31 RCW—page 59]
31.45.084
Title 31 RCW: Miscellaneous Loan Agencies
(a) Communication while a borrower is physically
present in the licensee’s place of business;
(b) An unanswered telephone call in which no message
(other than a caller ID) is left, unless the telephone call violates subsection (3)(c) of this section; and
(c) An initial letter to the borrower that includes disclosures intended to comply with the federal fair debt collection
practices act.
(7) For the purposes of this section, (a) a communication
occurs at the time it is initiated by a licensee regardless of the
time it is received or accessed by the borrower, and (b) a call
to a number that the licensee reasonably believes is the borrower’s cell phone will not constitute a communication with
a borrower at the borrower’s place of employment.
(8) For the purposes of this section, "week" means a
series of seven consecutive days beginning on a Sunday.
[2009 c 13 § 1; 2003 c 86 § 11.]
31.45.084 Small loan installment plan—Terms—
Restrictions. (1) If a borrower notifies a licensee that the
borrower will be or is unable to repay a loan when it is due,
the licensee must inform the borrower that the borrower may
convert their small loan to an installment plan. The licensee
must convert the small loan to an installment plan at the borrower’s request. Each agreement for a loan installment plan
must be in writing and acknowledged by both the borrower
and the licensee. The licensee may not assess any other fee,
interest charge, or other charge on the borrower as a result of
converting the small loan into an installment plan. This
installment plan must provide for the payment of the total of
payments due on the small loan over a period not less than
ninety days for a loan amount of up to and including four
hundred dollars. For a loaned amount over four hundred dollars, the installment plan must be a period not less than one
hundred eighty days. The borrower may pay the total of
installments at any time. The licensee may not charge any
penalty, fee, or charge to the borrower for prepayment of the
loan installment plan by the borrower. Each licensee shall
conspicuously disclose to each borrower in the small loan
agreement or small loan note that the borrower has access to
such an installment plan. A licensee’s violation of such an
installment plan constitutes a violation of this chapter.
(2) The licensee must return any postdated checks that
the borrower has given to the licensee for the original small
loan at the initiation of the installment plan.
(3) A licensee may take postdated checks for installment
plan payments at the time the installment plan is originated.
If any check accepted as payment under the installment plan
is dishonored, the licensee may not charge the borrower any
fee for the dishonored check. If a borrower defaults on the
installment plan, the licensee may charge the borrower a onetime installment plan default fee of twenty-five dollars.
(4) If the licensee enters into an installment plan with the
borrower through an accredited third party, with certified
credit counselors, that is representing the borrower, the licensee’s failure to comply with the terms of that installment
plan constitutes a violation of this chapter. [2009 c 510 § 4;
2003 c 86 § 12.]
Effective date—2003 c 86 § 12: "Section 12 of this act takes effect
October 1, 2003." [2003 c 86 § 20.]
31.45.085 Loan application—Required statement—
Rules. (1)(a) In addition to other disclosures required by this
chapter, the application for a small loan must include a statement that is substantially similar to the following: "At the
time you repay this loan, you should have sufficient funds to
meet your other financial obligations. If you cannot pay
other bills because you are paying off this debt, you should go
into the installment plan offered in connection with this
loan."
(b) The statement in (a) of this subsection must be on the
front page of the loan application and must be in at least
twelve point type.
(2) The director may adopt rules to implement this section. [2009 c 510 § 5.]
31.45.085
Finding—Intent—Liberal construction—2009 c 510: See note following RCW 31.45.010.
31.45.084
Finding—Intent—Liberal construction—2009 c 510: See note following RCW 31.45.010.
[Title 31 RCW—page 60]
31.45.086 Small loans—Right of rescission. A borrower may rescind a loan, on or before the close of business
on the next day of business at the location where the loan was
originated, by returning the principal in cash or the original
check disbursed by the licensee to fund the small loan. The
licensee may not charge the borrower for rescinding the loan
and shall return to the borrower any postdated check taken as
security for the loan or any electronic equivalent. The licensee shall conspicuously disclose to the borrower this right
of rescission in writing in the small loan agreement or small
loan note. [2003 c 86 § 13.]
31.45.086
31.45.088 Small loans—Disclosure requirements—
Advertising—Making loan. (1) When advertising the availability of small loans, if a licensee includes in an advertisement the fee or interest rate charged by the licensee for a
small loan, then the licensee shall also disclose the annual
percentage rate resulting from this fee or interest rate.
(2) When advertising the availability of small loans,
compliance with all applicable state and federal laws and regulations, including the truth in lending act, 15 U.S.C. Sec.
1601 and Regulation Z, 12 C.F.R. Sec. [Part] 226 constitutes
compliance with subsection (1) of this section.
(3) When making a small loan, each licensee shall disclose to the borrower the terms of the small loan, including
the principal amount of the small loan, the total of payments
of the small loan, the fee or interest rate charged by the licensee on the small loan, and the annual percentage rate resulting from this fee or interest rate.
(4) When making a small loan, disclosure of the terms of
the small loan in compliance with all applicable state and federal laws and regulations, including the truth in lending act,
15 U.S.C. Sec. 1601 and Regulation Z, 12 C.F.R. Sec. [Part]
226 constitutes compliance with subsection (3) of this section. [2003 c 86 § 14.]
31.45.088
31.45.090 Report requirements—Disclosure of information—Rules. (1) Each licensee shall submit to the director, in a form approved by the director, a report containing
financial statements covering the calendar year or, if the licensee has an established fiscal year, then for such fiscal year,
31.45.090
(2010 Ed.)
Check Cashers and Sellers
within one hundred five days after the close of each calendar
or fiscal year. The licensee shall also file such additional relevant information as the director may require. Any information provided by a licensee in an annual report that constitutes
a trade secret under chapter 19.108 RCW is exempt from disclosure under chapter 42.56 RCW, unless aggregated with
information supplied by other licensees in such a manner that
the licensee’s individual information is not identifiable. Any
information provided by the licensee that allows identification of the licensee may only be used for purposes reasonably
related to the regulation of licensees to ensure compliance
with this chapter.
(2) A licensee whose license has been suspended or
revoked shall submit to the director, at the licensee’s
expense, within one hundred five days after the effective date
of such surrender or revocation, a closing audit report containing audited financial statements as of such effective date
for the twelve months ending with such effective date.
(3) The director shall adopt rules specifying the form and
content of such audit reports and may require additional
reporting as is necessary for the director to ensure compliance
with this chapter. [2005 c 274 § 257; 2003 c 86 § 15; 1994 c
92 § 282; 1991 c 355 § 9.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
31.45.093 Information system—Access—Required
information—Fees—Rules. (1) The director must, by contract with a vendor or service provider or otherwise, develop
and implement a system by means of which a licensee may
determine:
(a) Whether a consumer has an outstanding small loan;
(b) The number of small loans the consumer has outstanding;
(c) Whether the borrower is eligible for a loan under
RCW 31.45.073;
(d) Whether the borrower is in an installment plan; and
(e) Any other information necessary to comply with this
chapter.
(2) The director may specify the form and contents of the
system by rule. Any system must provide that the information entered into or stored by the system is:
(a) Accessible to and usable by licensees and the director
from any location in this state; and
(b) Secured against public disclosure, tampering, theft,
or unauthorized acquisition or use.
(3) If the system described in subsection (1) of this section is developed and implemented, a licensee making small
loans under this chapter must enter or update the required
information in subsection (1) of this section at the time that
the small loan transaction is conducted by the licensee.
(4) A licensee must continue to enter and update all
required information for any loans subject to this chapter that
are outstanding or have not yet expired after the date on
which the licensee no longer has the license or small loan
endorsement required by this chapter. Within ten business
days after ceasing to make loans subject to this chapter, the
licensee must submit a plan for continuing compliance with
this subsection to the director for approval. The director must
promptly approve or disapprove the plan and may require the
31.45.093
(2010 Ed.)
31.45.100
licensee to submit a new or modified plan that ensures compliance with this subsection.
(5) If the system described in subsection (1) of this section is developed and implemented, the director shall adopt
rules to set the fees licensees shall pay to the vendor or service provider for the operation and administration of the system and the administration of this chapter by the department.
(6) The director shall adopt rules establishing standards
for the retention, archiving, and deletion of information
entered into or stored by the system described in subsection
(1) of this section.
(7) The information in the system described in subsection (1) of this section is not subject to public inspection or
disclosure under chapter 42.56 RCW. [2009 c 510 § 6.]
Finding—Intent—Liberal construction—2009 c 510: See note following RCW 31.45.010.
31.45.095 Report by director—Contents. (1) The
director must collect and submit the following information in
a report to the financial services committees of the senate and
house of representatives:
(a) The number of borrowers entered into an installment
plan since January 1, 2010;
(b) How the number of borrowers in installment plans
compares to the number of borrowers in installment plans in
years previous to January 1, 2010;
(c) The number of borrowers who have defaulted since
January 1, 2010;
(d) If known on January 1, 2010, how the number of borrowers who have defaulted compares to the number of borrowers who defaulted in years previous to January 1, 2010;
and
(e) Any other information that the director believes is
relevant or useful.
(2) Failure to provide the director information required
by this section is a violation of this chapter. [2009 c 510 § 7.]
31.45.095
Finding—Intent—Liberal construction—2009 c 510: See note following RCW 31.45.010.
31.45.100 Examination or investigation—Director’s
authority—Costs. The director or the director’s designee
may at any time examine and investigate the business and
examine the books, accounts, records, and files, or other
information, wherever located, of any licensee or person who
the director has reason to believe is engaging in the business
governed by this chapter. For these purposes, the director or
the director’s designee may require the attendance of and
examine under oath all persons whose testimony may be
required about the business or the subject matter of the investigation. The director or the director’s designee may require
the production of original books, accounts, records, files, or
other information, or may make copies of such original
books, accounts, records, files, or other information. The
director or the director’s designee may issue a subpoena or
subpoena duces tecum requiring attendance and testimony, or
the production of the books, accounts, records, files, or other
information. The director shall collect from the licensee the
actual cost of the examination or investigation. [2003 c 86 §
16; 1994 c 92 § 283; 1991 c 355 § 10.]
31.45.100
[Title 31 RCW—page 61]
31.45.105
Title 31 RCW: Miscellaneous Loan Agencies
31.45.105 Violations of chapter—Enforceability of
transaction. (1) It is a violation of this chapter for any person subject to this chapter to:
(a) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead any borrower, to defraud or
mislead any lender, or to defraud or mislead any person;
(b) Directly or indirectly engage in any unfair or deceptive practice toward any person;
(c) Directly or indirectly obtain property by fraud or misrepresentation; and
(d) Make a small loan to any person physically located in
Washington through use of the internet, facsimile, telephone,
kiosk, or other means without first obtaining a small loan
endorsement.
(2) In addition to any other penalties, any transaction in
violation of subsection (1) of this section is uncollectible and
unenforceable. [2007 c 81 § 1.]
31.45.105
31.45.110 Violations or unsound financial practices—Statement of charges—Hearing—Sanctions—
Director’s authority. (1) The director may issue and serve
upon a licensee or applicant a statement of charges if, in the
opinion of the director, any licensee or applicant:
(a) Is engaging or has engaged in an unsafe or unsound
financial practice in conducting the business of a check seller
governed by this chapter;
(b) Is violating or has violated this chapter, including
rules, orders, or subpoenas, any rule adopted under chapter
86, Laws of 2003, any order issued under chapter 86, Laws of
2003, any subpoena issued under chapter 86, Laws of 2003,
or any condition imposed in writing by the director or the
director’s designee in connection with the granting of any
application or other request by the licensee or any written
agreement made with the director;
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection when the opinion that the threat exists is based
upon reasonable cause;
(d) Obtains a license by means of fraud, misrepresentation, concealment, or through mistake or inadvertence of the
director;
(e) Provides false statements or omissions of material
information on the application that, if known, would have
allowed the director to deny the application for the original
license;
(f) Fails to pay a fee required by the director or maintain
the required bond;
(g) Commits a crime against the laws of the state of
Washington or any other state or government involving
moral turpitude, financial misconduct, or dishonest dealings;
(h) Knowingly commits or is a party to any material
fraud, misrepresentation, concealment, conspiracy, collusion,
trick, scheme, or device whereby any other person relying
upon the word, representation, or conduct acts to his or her
injury or damage;
(i) Converts any money or its equivalent to his or her
own use or to the use of his or her principal or of any other
person;
(j) Fails, upon demand by the director or the director’s
designee, to disclose any information within his or her
knowledge to, or to produce any document, book, or record in
31.45.110
[Title 31 RCW—page 62]
his or her possession for inspection of, the director or the
director’s designee;
(k) Commits any act of fraudulent or dishonest dealing,
and a certified copy of the final holding of any court, tribunal,
agency, or administrative body of competent jurisdiction
regarding that act is conclusive evidence in any hearing under
this chapter; or
(l) Commits an act or engages in conduct that demonstrates incompetence or untrustworthiness, or is a source of
injury and loss to the public.
(2) The statement of charges shall be issued under chapter 34.05 RCW. The director or the director’s designee may
impose the following sanctions against any licensee or applicant, or any director, officer, sole proprietor, partner, controlling person, or employee of a licensee or applicant:
(a) Deny, revoke, suspend, or condition the license;
(b) Order the licensee to cease and desist from practices
in violation of this chapter or practices that constitute unsafe
and unsound financial practices in the sale of checks;
(c) Impose a fine not to exceed one hundred dollars per
day for each day’s violation of this chapter;
(d) Order restitution to borrowers or other parties damaged by the licensee’s violation of this chapter or take other
affirmative action as necessary to comply with this chapter;
and
(e) Remove from office or ban from participation in the
affairs of any licensee any director, officer, sole proprietor,
partner, controlling person, or employee of a licensee.
(3) The proceedings to impose the sanctions described in
subsection (2) of this section, including any hearing or appeal
of the statement of charges, are governed by chapter 34.05
RCW.
Unless the licensee personally appears at the hearing or
is represented by a duly authorized representative, the licensee is deemed to have consented to the statement of
charges and the sanctions imposed in the statement of
charges. [2003 c 86 § 17; 1994 c 92 § 284; 1991 c 355 § 11.]
31.45.120 Violations or unsound practices—Temporary cease and desist order—Director’s authority. Whenever the director determines that the acts specified in RCW
31.45.110 or their continuation is likely to cause insolvency
or substantial injury to the public, the director may also issue
a temporary cease and desist order requiring the licensee to
cease and desist from the violation or practice. The order
becomes effective upon service upon the licensee and
remains effective unless set aside, limited, or suspended by a
court under RCW 31.45.130 pending the completion of the
administrative proceedings under the notice and until such
time as the director dismisses the charges specified in the
notice or until the effective date of the cease and desist order
issued against the licensee under RCW 31.45.110. [2003 c
86 § 18; 1994 c 92 § 285; 1991 c 355 § 12.]
31.45.120
31.45.130 Temporary cease and desist order—Licensee’s application for injunction. Within ten days after a
licensee has been served with a temporary cease and desist
order, the licensee may apply to the superior court in the
county of its principal place of business for an injunction setting aside, limiting, or suspending the order pending the com31.45.130
(2010 Ed.)
Check Cashers and Sellers
31.45.901
pletion of the administrative proceedings pursuant to the
notice served under RCW 31.45.120. The superior court has
jurisdiction to issue the injunction. [1991 c 355 § 13.]
as set forth in RCW 19.86.020. Remedies available under
chapter 19.86 RCW shall not affect any other remedy the
injured party may have. [1991 c 355 § 19.]
31.45.140 Violation of temporary cease and desist
order—Director’s application for injunction. In the case
of a violation or threatened violation of a temporary cease
and desist order issued under RCW 31.45.120, the director
may apply to the superior court of the county of the principal
place of business of the licensee for an injunction. [1994 c 92
§ 286; 1991 c 355 § 14.]
31.45.200 Director—Broad administrative discretion. The director has the power, and broad administrative
discretion, to administer and interpret the provisions of this
chapter to ensure the protection of the public. [1994 c 92 §
291; 1991 c 355 § 20.]
31.45.140
31.45.150 Licensee’s failure to perform obligations—
Director’s duty. Whenever as a result of an examination or
report it appears to the director that:
(1) The capital of any licensee is impaired;
(2) Any licensee is conducting its business in such an
unsafe or unsound manner as to render its further operations
hazardous to the public;
(3) Any licensee has suspended payment of its trust obligations;
(4) Any licensee has refused to submit its books, papers,
and affairs to the inspection of the director or the director’s
examiner;
(5) Any officer of any licensee refuses to be examined
under oath regarding the business of the licensee;
(6) Any licensee neglects or refuses to comply with any
order of the director made pursuant to this chapter unless the
enforcement of such order is restrained in a proceeding
brought by such licensee;
the director may immediately take possession of the property
and business of the licensee and retain possession until the
licensee resumes business or its affairs are finally liquidated
as provided in RCW 31.45.160. The licensee may resume
business upon such terms as the director may prescribe.
[1994 c 92 § 287; 1991 c 355 § 15.]
31.45.150
31.45.160 Director’s possession of property and business—Appointment of receiver. Whenever the director has
taken possession of the property and business of a licensee,
the director may petition the superior court for the appointment of a receiver to liquidate the affairs of the licensee. During the time that the director retains possession of the property and business of a licensee, the director has the same powers and authority with reference to the licensee as is vested in
the director under chapter 31.04 RCW, and the licensee has
the same rights to hearings and judicial review as are granted
under chapter 31.04 RCW. [1997 c 101 § 4; 1994 c 92 § 288;
1991 c 355 § 16.]
31.45.160
31.45.200
31.45.210 Military borrowers—Licensee’s duty—
Definition. (1) A licensee shall:
(a) When collecting any delinquent small loan, not garnish any wages or salary paid for service in the armed forces;
(b) Defer for the duration of the posting all collection
activity against a military borrower who has been deployed to
a combat or combat support posting for the duration of the
posting;
(c) Not contact the military chain of command of a military borrower in an effort to collect a delinquent small loan;
(d) Honor the terms of any repayment agreement
between the licensee and any military borrower, including
any repayment agreement negotiated through military counselors or third party credit counselors; and
(e) Not make a loan from a specific location to a person
that the licensee knows is a military borrower when the military borrower’s commander has notified the licensee in writing that the specific location is designated off-limits to military personnel under their command.
(2) For purposes of this section, "military borrower"
means any active duty member of the armed forces of the
United States, or any member of the national guard or the
reserves of the armed forces of the United States who has
been called to active duty. [2005 c 256 § 1.]
31.45.210
31.45.900 Effective date, implementation—1991 c
355. This act shall take effect January 1, 1992. The director
shall take such steps as are necessary to ensure that this act is
implemented on its effective date. [1994 c 92 § 292; 1991 c
355 § 24.]
31.45.900
31.45.901 Effective date—2009 c 510. This act takes
effect January 1, 2010. [2009 c 510 § 10.]
31.45.901
31.45.180 Violation—Misdemeanor. Any person who
violates or participates in the violation of any provision of the
rules or orders of the director or of this chapter is guilty of a
misdemeanor. [1994 c 92 § 290; 1991 c 355 § 18.]
31.45.180
31.45.190 Violation—Consumer protection act—
Remedies. The legislature finds and declares that any violation of this chapter substantially affects the public interest
and is an unfair and deceptive act or practice and an unfair
method of competition in the conduct of trade or commerce
31.45.190
(2010 Ed.)
[Title 31 RCW—page 63]
Title 32
Chapters
32.04
32.08
32.12
32.16
32.20
32.24
32.28
32.30
32.32
32.34
32.35
32.40
32.50
32.98
Title 32
MUTUAL SAVINGS BANKS
32.04.250
General provisions.
Organization and powers.
Deposits—Earnings—Dividends—Interest.
Officers and employees.
Investments.
Insolvency and liquidation.
Satellite facilities.
Conversion of mutual savings bank to building
and loan or savings and loan association.
Conversion of mutual savings bank to capital
stock savings bank.
Merger, consolidation, conversion, etc.
Stock savings banks.
Community credit needs.
Supervisory direction by the director of financial institutions.
Construction.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Fairness in lending act: RCW 30.04.500 through 30.04.515.
Indemnification of directors, officers, employees, etc., by corporations
authorized, insurance: RCW 23B.08.320, 23B.08.500 through
23B.08.580, 23B.08.600, and 23B.17.030.
Master license system exemption: RCW 19.02.800.
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
Chapter 32.04
Chapter 32.04 RCW
GENERAL PROVISIONS
Sections
32.04.010
32.04.015
32.04.020
32.04.022
32.04.025
32.04.030
32.04.035
32.04.050
32.04.070
32.04.080
32.04.082
32.04.085
32.04.100
32.04.110
32.04.120
32.04.130
32.04.150
32.04.170
32.04.190
32.04.200
32.04.210
32.04.211
32.04.220
(2010 Ed.)
Scope of title.
Duty to comply—Violations—Penalty.
Definitions.
"Mortgage" includes deed of trust.
Powers as to horizontal property regimes or condominiums.
Branches—Director’s approval—State reciprocity—Definition.
Agency agreements—Written notice to director.
Reports.
Certified copies of records as evidence.
Employees’ pension, retirement, or health insurance benefits—Payment.
Pension, retirement, or health insurance benefits—Waiver by
bank of offsets attributable to social security.
Pension, retirement, or health insurance benefits—Supplementation.
Penalty for falsification.
Penalty for concealing or destroying evidence.
Specific penalties invoked.
General penalty.
Cost of examination.
Conversion to mutual savings bank of savings and loan association.
Bank stabilization act.
Capital notes or debentures.
Saturday closing authorized.
Examinations directed—Cooperative agreements and actions.
Examination reports and other information—Confidential—
Privileged—Penalty.
32.04.260
32.04.270
32.04.280
32.04.290
32.04.300
32.04.310
32.04.320
Notice of charges—Reasons for issuance—Grounds—Contents of notice—Hearing—Cease and desist orders.
Temporary cease and desist orders—Reasons for issuance.
Temporary cease and desist order—Injunction to set aside,
limit, or suspend temporary order.
Violation of temporary cease and desist order—Injunction to
enforce order.
Administrative hearing provided for in RCW 32.04.250 or
32.16.093—Procedure—Order—Judicial review.
Jurisdiction of courts as to cease and desist orders, orders to
remove trustee, officer, or employee, etc.
Automated teller machines and night depositories security.
Director—Powers under chapter 19.144 RCW.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Depositaries of state funds: Chapter 43.85 RCW.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Indemnification of directors, officers, employees, etc., by corporation authorized, insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580,
23B.08.600, and 23B.17.030.
Negotiable instruments: Title 62A RCW.
Powers of appointment: Chapter 11.95 RCW.
Safe deposit companies: Chapter 22.28 RCW.
32.04.010 Scope of title. This title shall not be construed as amending or repealing any other law of the state
authorizing the incorporation of banks or regulating the same,
but shall be deemed to be additional legislation for the sole
purpose of authorizing the incorporation and operation of
mutual savings banks and mutual savings banks converted
under chapter 32.32 RCW to stock form, as herein prescribed. Savings banks incorporated on the stock plan, other
than converted mutual savings banks, and other stock banks
having savings departments as authorized by RCW
30.20.060, or by any other law of the state heretofore or hereafter enacted, shall not be in any manner affected by the provisions of this title, or any amendment thereto. [1981 c 85 §
105; 1955 c 13 § 32.04.010. Prior: 1915 c 175 § 52; RRS §
3381.]
32.04.010
32.04.015 Duty to comply—Violations—Penalty. (1)
Each savings bank and its directors, officers, employees, and
agents, shall comply with:
(a) This title and chapter 11.100 RCW as applicable to
each of them;
(b) The rules adopted by the department with respect to
savings banks;
(c) Any lawful direction or order of the director;
(d) Any lawful supervisory agreement with the director;
and
(e) The applicable statutes, rules, and regulations administered by the board of governors of the federal reserve system, the federal office of thrift supervision, and the federal
deposit insurance corporation with respect to savings banks
and holding companies.
(2) Each holding company, and its directors, officers,
employees, and agents, shall comply with:
32.04.015
[Title 32 RCW—page 1]
32.04.020
Title 32 RCW: Mutual Savings Banks
(a) The provisions of this title that are applicable to each
of them;
(b) The rules of the department that are applicable with
respect to holding companies;
(c) Any lawful direction or order of the director;
(d) Any lawful supervisory agreement with the director;
and
(e) The applicable statutes, rules, and regulations administered by the board of governors of the federal reserve system or the federal office of thrift supervision, or applicable
successor agency, with respect to holding companies, the violation of which would result in an unsafe and unsound practice or material violation of law with respect to the subsidiary
savings bank of the holding company.
(3) The violation of any supervisory agreement, directive, order, statute, rule, or regulation referenced in this section, in addition to any other penalty provided in this title,
shall, at the option of the director, subject the offender to a
penalty of up to ten thousand dollars for each offense, payable upon issuance of any order or directive of the director,
which may be recovered by the attorney general in a civil
action in the name of the department. [2010 c 88 § 39.]
Effective date—2010 c 88: See RCW 32.50.900.
32.04.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this title.
(1) "Adequately capitalized," "critically undercapitalized," "significantly undercapitalized," "undercapitalized,"
and "well-capitalized," respectively, have meanings consistent with the definitions these same terms have under the
prompt corrective action provisions of the federal deposit
insurance act, 12 U.S.C. Sec. 1831o, or any successor federal
statute, and applicable enabling rules of the federal deposit
insurance corporation.
(2) "Bank holding company" means a bank holding company under authority of the federal bank holding company
act.
(3) "Branch" means an established office or facility other
than the principal office, at which employees of the savings
bank take deposits. "Branch" does not mean a machine permitting customers to leave funds in storage or communicate
with savings bank employees who are not located at the site
of that machine, unless employees of the savings bank at the
site of that machine take deposits on a regular basis. An
office of an entity other than the savings bank is not established by the savings bank, regardless of any affiliation,
accommodation arrangement, or other relationship between
the other entity and the savings bank.
(4) "Department" means the Washington state department of financial institutions.
(5)"Director" means the director of the department.
(6) "Financial holding company" means a financial services holding company under the authority of the federal
bank holding company act.
(7) "Holding company" means a bank holding company,
financial holding company, or thrift holding company of a
savings bank organized under chapter 32.08 RCW, converted
from a mutual savings bank to a stock savings bank under
chapter 32.32 RCW, or converted to a state savings bank
under chapter 32.34 RCW.
(8) "Mutual savings" when used as part of a name under
which business of any kind is or may be transacted by any
person, firm, or corporation, except such as were organized
and in actual operation on June 9, 1915, or as may be thereafter operated under the requirements of this title is hereby prohibited.
(9) "Savings bank" or "mutual savings bank" means savings banks organized under chapter 32.08 or 32.35 RCW or
converted under chapter 32.32 or 33.44 RCW.
(10) "Thrift holding company" means a thrift institution
holding company under authority of laws and rules administered by the federal office of thrift supervision, or its successor agency. [2010 c 88 § 38; 1999 c 14 § 13; 1997 c 101 § 5;
1996 c 2 § 20; 1994 c 92 § 293; 1985 c 56 § 1; 1981 c 85 §
106; 1955 c 13 § 32.04.020. Prior: 1915 c 175 § 49; RRS §
3378.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
32.04.022 "Mortgage" includes deed of trust. The
word "mortgage" as used in this title includes deed of trust.
[1969 c 55 § 13.]
32.04.022
32.04.020
[Title 32 RCW—page 2]
32.04.025 Powers as to horizontal property regimes
or condominiums. The words "real estate" and "real property" as used in this title shall include apartments or other
portions, however designated, of horizontal property
regimes, or a condominium interest in property, as may be
created under any laws now in existence or hereafter enacted.
A mutual savings bank may do any act necessary or appropriate in connection with its interest in or ownership of any portion of a horizontal property regime or condominium. [1963
c 176 § 10.]
32.04.025
Horizontal property regimes: Chapter 64.32 RCW.
32.04.030 Branches—Director’s approval—State
reciprocity—Definition. (1) A savings bank may not, without the written approval of the director, establish and operate
branches in any place.
(2) A savings bank headquartered in this state desiring to
establish a branch shall file a written application with the
director, who shall approve or disapprove the application.
(3) The director’s approval shall be conditioned on a
finding that the savings bank has a satisfactory record of
compliance with applicable laws and has a satisfactory financial condition. In making such findings, the director may rely
on an application in the form filed with the federal deposit
insurance corporation pursuant to 12 U.S.C. Sec. 1828(d). If
the application for a branch is not approved, the savings bank
shall have the right to appeal in the same manner and within
the same time as provided by RCW 32.08.050 and 32.08.060.
The savings bank when delivering the application to the
director shall transmit to the director a check in an amount
established by rule to cover the expense of the investigation.
A savings bank headquartered in this state shall not move its
headquarters or any branch more than two miles from its
existing location without prior approval of the director. On
or before the date on which it opens any office at which it will
32.04.030
(2010 Ed.)
General Provisions
transact business in any state, territory, province, or other
jurisdiction, a savings bank shall give written notice to the
director of the location of this office. No such notice shall
become effective until it has been delivered to the director.
(4) The board of trustees of a savings bank, after notice
to the director, may discontinue the operation of a branch.
The savings bank shall keep the director informed in the matter and shall notify the director of the date operation of the
branch is discontinued.
(5) A savings bank that is headquartered in this state and
is operating branches in another state, territory, province, or
other jurisdiction may provide copies of state examination
reports and reports of condition of the savings bank to the
regulator having oversight responsibility with regard to its
operations in that other jurisdiction, including the regulator of
savings associations in the event such a savings bank is transacting savings and loan business pursuant to RCW 32.08.142
in that other jurisdiction.
(6) No savings bank headquartered in another state may
establish, or acquire pursuant to RCW 32.32.500, and operate
branches as a savings bank in any place within the state
unless:
(a) The savings bank has filed with the director an agreement to comply with the requirements of RCW 30.38.040 for
periodic reports by the savings bank or by the appropriate
state superintendent or equivalent regulator of the savings
bank under the laws of the state in which the savings bank is
incorporated, unless the laws expressly require the provision
of all the reports to the director;
(b) The savings bank has filed with the director (i) a duly
executed instrument in writing, by its terms of indefinite
duration and irrevocable, appointing the director and his or
her successors its true and lawful attorney, upon whom all
process in any action or proceeding against it in a cause of
action arising out of business transacted by such savings bank
in this state, may be served with the same force and effect as
if it were a domestic corporation and had been lawfully
served with process within the state, and (ii) a written certificate of designation, which may be changed from time to time
by the filing of a new certificate of designation, specifying
the name and address of the officer, agent, or other person to
whom such process shall be forwarded by the director;
(c) The savings bank has supplied the director with such
information as he or she shall require by rule, not to exceed
the information on which the director may rely in approving
a branch application pursuant to this section by a savings
bank headquartered in this state; and
(d) The laws of the state in which the out-of-state savings
bank is chartered permit savings banks chartered under this
title to establish or acquire, and maintain branches in that
state, under terms and conditions that are substantially the
same as, or at least as favorable to, the terms and conditions
for the chartering of savings banks under this title.
(7) A savings bank headquartered in another state may
not establish and operate branches as a foreign savings association in any place within the state except upon compliance
with chapter 33.32 RCW.
(8) Notwithstanding any provision of this title to the contrary, an out-of-state depository institution may not branch in
the state of Washington, unless a Washington state bank,
bank holding company, savings bank, savings bank holding
(2010 Ed.)
32.04.070
company, savings and loan association, or savings and loan
holding company is permitted to branch in the state in which
that out-of-state depository institution is chartered or in
which its principal office is located, under terms and conditions that are substantially the same as, or at least as favorable
to entry as, the terms and conditions for branching of savings
banks under this title. As used in this subsection, "out-ofstate depository institution" means a bank or bank holding
company, or a converted mutual savings bank or the holding
company of a mutual savings bank, which is chartered in or
whose principal office is located in another state, or a savings
and loan association or the holding company of a savings and
loan association, which is chartered in another state. [2005 c
348 § 4; 1996 c 2 § 21. Prior: 1994 c 256 § 93; 1994 c 92 §
294; 1985 c 56 § 2; 1955 c 80 § 1; 1955 c 13 § 32.04.030;
prior: 1933 c 143 § 1; 1925 ex.s. c 86 § 10; 1915 c 175 § 15;
RRS § 3344.]
Effective date—2005 c 348: See note following RCW 30.38.005.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
32.04.035 Agency agreements—Written notice to
director. On or before the date on which a mutual savings
bank enters into any agency agreement authorizing another
entity, as agent of the mutual savings bank, to receive deposits or renew time deposits, the mutual savings bank shall give
written notice to the director of the existence of the agency
agreement. The notice is not effective until it has been delivered to the office of the director. [1996 c 2 § 22.]
32.04.035
Additional notes found at www.leg.wa.gov
32.04.050 Reports. A savings bank shall render to the
director, in such form as he or she shall prescribe, at least
three regular reports each year exhibiting its resources and
liabilities as of such dates as the director shall designate,
which shall be the dates designated by the comptroller of the
currency of the United States for reports of national banking
associations. Every such report, in a condensed form to be
prescribed by the director, shall be published once in a newspaper of general circulation, published in the place where the
bank is located. A savings bank shall also make such special
reports as the director shall call for. A regular report shall be
filed with the director within thirty days and proof of the publication thereof within forty days from the date of the issuance of the call for the report. A special report shall be filed
within such time as the director shall indicate in the call
therefor. A savings bank that fails to file within the prescribed time any report required by this section or proof of
the publication of any report required to be published shall be
subject to a penalty to the state of fifty dollars for each day’s
delay, recoverable by a civil action brought by the attorney
general in the name of the state. [1994 c 92 § 296; 1977 ex.s.
c 241 § 1; 1955 c 13 § 32.04.050. Prior: 1925 ex.s. c 86 § 13;
1915 c 175 § 39; RRS § 3368a.]
32.04.050
32.04.070 Certified copies of records as evidence.
Copies from the records, books, and accounts of a savings
bank and its holding company shall be competent evidence in
all cases, equal with originals thereof, if there is annexed to
such copies an affidavit taken before a notary public or clerk
32.04.070
[Title 32 RCW—page 3]
32.04.080
Title 32 RCW: Mutual Savings Banks
of a court under seal, stating that the affiant is the officer of
the savings bank or holding company having charge of the
original records, and that the copy is true and correct and is
full so far as the same relates to the subject matter therein
mentioned. [2010 c 88 § 40; 1955 c 13 § 32.04.070. Prior:
1915 c 175 § 47; RRS § 3376.]
Effective date—2010 c 88: See RCW 32.50.900.
32.04.080 Employees’ pension, retirement, or health
insurance benefits—Payment. A mutual savings bank may
provide for pensions or retirement benefits for its disabled or
superannuated employees or health insurance benefits for its
employees and may pay a part or all of the cost of providing
such pensions or benefits in accordance with a plan adopted
by its board of trustees or a board committee, none of whose
members is an officer of the bank. The board of trustees of a
savings bank or such a committee of the board may set aside
from current earnings reserves in such amounts as the board
or the committee shall deem wise to provide for the payment
of future pensions or benefits. [1999 c 14 § 14. Prior: 1994
c 256 § 95; 1994 c 92 § 297; 1955 c 80 § 2; 1955 c 13 §
32.04.080; prior: 1949 c 119 § 1; 1937 c 64 § 2; 1935 c 87 §
1; Rem. Supp. 1949 § 3366-1.]
or publishes any false statement of the amount of the assets or
liabilities of any such savings bank or its holding company is
guilty of a class B felony punishable according to chapter
9A.20 RCW. [2010 c 88 § 41; 2003 c 53 § 194; 1955 c 13 §
32.04.100. Prior: 1931 c 132 § 11; RRS § 3379b.]
Effective date—2010 c 88: See RCW 32.50.900.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
32.04.080
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.04.110 Penalty for concealing or destroying evidence. Every board trustee or director, officer, employee, or
agent of any savings bank or its holding company who for the
purpose of concealing any fact suppresses any evidence
against himself or herself, or against any other person, or who
abstracts, removes, mutilates, destroys, or secretes any paper,
book, or record of any savings bank or its holding company,
or of the director, or anyone connected with his or her office
is guilty of a class B felony punishable according to chapter
9A.20 RCW. [2010 c 88 § 42; 2003 c 53 § 195; 1994 c 92 §
299; 1955 c 13 § 32.04.110. Prior: 1931 c 132 § 12; RRS §
3379c.]
32.04.110
Effective date—2010 c 88: See RCW 32.50.900.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
32.04.120 Specific penalties invoked. The provisions
of RCW 9.24.050, 9.24.040 and 9.24.030 shall apply to the
corporations authorized under this title. [1955 c 13 §
32.04.120. Prior: 1915 c 175 § 50; RRS § 3379.]
32.04.120
32.04.082 Pension, retirement, or health insurance
benefits—Waiver by bank of offsets attributable to social
security. With respect to pension payments or retirement or
health insurance benefits payable by a mutual savings bank to
any employee heretofore or hereafter retired, such bank may
waive all or any part of any offsets thereto attributable to
social security benefits receivable by such employee. [1999
c 14 § 15; 1957 c 80 § 7.]
32.04.082
Additional notes found at www.leg.wa.gov
32.04.085 Pension, retirement, or health insurance
benefits—Supplementation. Any pension payment or
retirement or health insurance benefits payable by a mutual
savings bank to a former officer or employee, or to a person
or persons entitled thereto by virtue of service performed by
such officer or employee, in the discretion of a majority of all
the trustees of such bank, may be supplemented from time to
time. The board of trustees of a savings bank or a board committee, none of whose members is an officer of the bank, may
set aside from current earnings, reserves in such amounts as
the board or the committee shall deem appropriate to provide
for the payments of future supplemental payments. [1999 c
14 § 16. Prior: 1994 c 256 § 96; 1994 c 92 § 298; 1971 ex.s.
c 222 § 1.]
32.04.130 General penalty. Any person who does anything forbidden by chapter 32.04, 32.08, 32.12, 32.16 or
32.24 RCW of this title for which a penalty is not provided in
this title, or in some other law of the state, shall be guilty of a
gross misdemeanor and be punished accordingly. [1955 c 13
§ 32.04.130. Prior: 1915 c 175 § 51; RRS § 3380.]
32.04.130
32.04.085
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.04.150 Cost of examination. See RCW 30.04.070.
32.04.150
32.04.170 Conversion to mutual savings bank of savings and loan association. See chapter 33.44 RCW.
32.04.170
32.04.190 Bank stabilization act.
RCW.
32.04.190
See chapter 30.56
32.04.200 Capital notes or debentures.
30.36 RCW.
See chapter
32.04.210 Saturday closing authorized.
30.04.330.
See RCW
32.04.200
32.04.210
Additional notes found at www.leg.wa.gov
32.04.211 Examinations directed—Cooperative
agreements and actions. (1) The director, assistant director,
or an examiner shall visit each savings bank at least once
every eighteen months, and oftener if necessary, or as otherwise required by the rules and interpretations of applicable
federal banking examination authorities, for the purpose of
making a full investigation into the condition of such corporation, and for that purpose they are hereby empowered to
32.04.211
32.04.100 Penalty for falsification. Every person who
knowingly subscribes to or makes or causes to be made any
false statement or false entry in the books of any savings bank
or its holding company, or knowingly subscribes to or exhibits any false or fictitious security, document or paper, with the
intent to deceive any person authorized to examine into the
affairs of any savings bank or its holding company, or makes
32.04.100
[Title 32 RCW—page 4]
(2010 Ed.)
General Provisions
administer oaths and to examine under oath any director,
officer, employee, or agent of such corporation.
(2) The director may make such other full or partial
examinations as deemed necessary and may examine any
holding company that owns any portion of a savings bank
chartered by the state of Washington and obtain reports of
condition for any holding company that owns any portion of
a savings bank chartered by the state of Washington.
(3) The director may visit and examine into the affairs of
any nonpublicly held corporation in which the savings bank
or its holding company has an investment or any publicly
held corporation the capital stock of which is controlled by
the savings bank or its holding company; may appraise and
revalue such corporations’ investments and securities; and
shall have full access to all the books, records, papers, securities, correspondence, bank accounts, and other papers of such
corporations for such purposes.
(4) Any willful false swearing in any examination is perjury in the second degree.
(5) The director may enter into cooperative and reciprocal agreements with the bank regulatory authorities of the
United States, any state, the District of Columbia, or any trust
territory of the United States for the periodic examination of
domestic savings banks or holding companies owning banking institutions in other states, the District of Columbia, or
trust territories, and subsidiaries of such domestic savings
banks and holding companies, or of out-of-state holding companies owning a savings bank the principal operations of
which are conducted in this state.
(6) The director may, in his or her discretion, accept in
lieu of the examinations required in this section the examinations and reports conducted, as applicable, at the direction of
the board of governors of the federal reserve system, the federal office of thrift supervision, the federal deposit insurance
corporation, any successor federal thrift regulator or thrift
holding company regulator, or other authorities, domestic,
foreign, or alien.
(7) The director may enter into joint actions with other
regulatory bodies having concurrent jurisdiction or may enter
into such actions independently to carry out his or her responsibilities under this title and assure compliance with the laws
of this state. [2010 c 88 § 43; 1994 c 92 § 300; 1989 c 180 §
4.]
Effective date—2010 c 88: See RCW 32.50.900.
32.04.220
32.04.220 Examination reports and other information—Confidential—Privileged—Penalty. (1) All examination reports and all information obtained by the director
and the director’s staff in conducting examinations of savings
banks, and information obtained by the director and the director’s staff from other state or federal bank regulatory authorities with whom the director has entered into agreements pursuant to RCW 32.04.211, and information obtained by the
director and the director’s staff relating to examination and
supervision of holding companies owning a savings bank in
this state or subsidiaries of such holding companies, is confidential and privileged information and shall not be made public or otherwise disclosed to any person, firm, corporation,
agency, association, governmental body, or other entity.
(2010 Ed.)
32.04.220
(2) Subsection (1) of this section notwithstanding, the
director may furnish all or any part of examination reports,
work papers, final orders, or other information obtained in
the conduct of an examination or investigation prepared by
the director’s office to:
(a) Federal agencies empowered to examine savings
banks;
(b) Bank regulatory authorities with whom the director
has entered into agreements pursuant to RCW 32.04.211, and
other bank regulatory authorities who are the primary regulatory authority or insurer of accounts for a holding company
owning a savings bank the principal operations of which are
conducted in this state or a subsidiary of such holding company; provided that the director shall first find that the reports
of examination to be furnished shall receive protection from
disclosure comparable to that accorded by this section;
(c) Officials empowered to investigate criminal charges
subject to legal process, valid search warrant, or subpoena. If
the director furnishes any examination report to officials
empowered to investigate criminal charges, the director may
only furnish that part of the report which is necessary and
pertinent to the investigation, and the director may do this
only after notifying the affected savings bank and any customer of the savings bank who is named in that part of the
report of the order to furnish the part of the examination
report unless the officials requesting the report first obtain a
waiver of the notice requirement from a court of competent
jurisdiction for good cause;
(d) The examined savings bank or holding company
thereof;
(e) The attorney general in his or her role as legal advisor
to the director;
(f) Liquidating agents of a distressed savings bank;
(g) A person or organization officially connected with
the savings bank as officer, director, attorney, auditor, or
independent attorney or independent auditor;
(h) The Washington public deposit protection commission as provided by RCW 39.58.105;
(i) Organizations insuring or guaranteeing the shares of,
or deposits in, the savings bank; or
(j) Other persons as the director may determine necessary to protect the public interest and confidence.
(3) All examination reports, work papers, final orders,
and other information obtained in the conduct of an examination or investigation furnished under subsections (2) and (4)
of this section shall remain the property of the department of
financial institutions, and be confidential, and no person,
agency, or authority to whom reports are furnished or any
officer, director, or employee thereof shall disclose or make
public any of the reports or any information contained therein
except in published statistical material that does not disclose
the affairs of any individual or corporation: PROVIDED,
That nothing herein shall prevent the use in a criminal prosecution of reports furnished under subsection (2) of this section.
(4) The examination report made by the department of
financial institutions is designed for use in the supervision of
the savings bank, and the director may furnish a copy of the
report to the savings bank examined. The report shall remain
the property of the director and will be furnished to the savings bank solely for its confidential use. Under no circum[Title 32 RCW—page 5]
32.04.250
Title 32 RCW: Mutual Savings Banks
stances shall the savings bank or any of its trustees, officers,
or employees disclose or make public in any manner the
report or any portion thereof, to any person or organization
not connected with the savings bank as officer, director,
employee, attorney, auditor, or candidate for executive office
with the bank. The savings bank may also, after execution of
an agreement not to disclose information in the report, disclose the report or relevant portions thereof to a party proposing to acquire or merge with the savings bank.
(5) Examination reports and information obtained by the
director and the director’s staff in conducting examinations,
or from other state and federal bank regulatory authorities
with whom the director has entered into agreements pursuant
to RCW 32.04.211, or relating to examination and supervision of holding companies owning a savings bank the principal operations of which are conducted in this state or a subsidiary of such holding company, shall not be subject to public disclosure under chapter 42.56 RCW.
(6) In any civil action in which the reports are sought to
be discovered or used as evidence, any party may, upon
notice to the director, petition the court for an in camera
review of the report. The court may permit discovery and
introduction of only those portions of the report which are
relevant and otherwise unobtainable by the requesting party.
This subsection shall not apply to an action brought or
defended by the director.
(7) This section shall not apply to investigation reports
prepared by the director and the director’s staff concerning an
application for a new savings bank or an application for a
branch of a savings bank: PROVIDED, That the director
may adopt rules making confidential portions of the reports if
in the director’s opinion the public disclosure of the portions
of the report would impair the ability to obtain the information which the director considers necessary to fully evaluate
the application.
(8) Notwithstanding any other provision of this section
or other applicable law, a savings bank or holding company
shall not be in violation of any provision of this section on
account of its compliance with required reporting to the federal securities and exchange commission, including the disclosure of any order of the director.
(9) Every person who violates any provision of this section shall be guilty of a gross misdemeanor. [2010 c 88 § 44;
2005 c 274 § 258; 1994 c 92 § 301; 1989 c 180 § 5; 1977 ex.s.
c 245 § 2.]
Effective date—2010 c 88: See RCW 32.50.900.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Examination reports and information from financial institutions exempt:
RCW 42.56.400.
Additional notes found at www.leg.wa.gov
32.04.250 Notice of charges—Reasons for issuance—
Grounds—Contents of notice—Hearing—Cease and
desist orders. (1) The director may issue and serve a notice
of charges upon a savings bank when, in the opinion of the
director:
(a) It has engaged in an unsafe and unsound practice in
conducting or in relation to its business;
(b) It has violated any provision of RCW 32.04.015; or
32.04.250
[Title 32 RCW—page 6]
(c) It is planning, attempting, or currently conducting
any act prohibited in (a) or (b) of this subsection.
(2) The director may issue and serve a notice of charges
upon a holding company when, in the opinion of the director:
(a) The holding company has committed a violation of
RCW 32.04.015(2);
(b) The conduct of the holding company has resulted in
an unsafe and unsound practice at the savings bank or a violation of any provision of RCW 32.04.015 by the savings
bank; or
(c) The holding company is planning, attempting, or currently conducting any act prohibited in (a) or (b) of this subsection.
(3) The notice shall contain a statement of the facts constituting the alleged violation or violations or the practice or
practices and shall fix a time and place at which a hearing will
be held to determine whether an order to cease and desist
should issue against the savings bank or holding company.
The hearing shall be set not earlier than ten days or later than
thirty days after service of the notice, unless a later date is set
by the director at the request of the savings bank or holding
company.
(4) Unless the savings bank or holding company shall
appear at the hearing by a duly authorized representative, it
shall be deemed to have consented to the issuance of the
cease and desist order. In the event of this consent or if upon
the record made at the hearing the director finds that any violation or practice specified in the notice of charges has been
established, the director may issue and serve upon the savings
bank or holding company an order to cease and desist from
the violation or practice. The order may require the savings
bank or holding company, and its trustees, officers, employees, and agents, to cease and desist from the violation or practice and may require the savings bank or holding company to
take affirmative action to correct the conditions resulting
from the violation or practice.
(5) A cease and desist order shall become effective at the
expiration of ten days after the service of the order upon the
savings bank or holding company concerned, except that a
cease and desist order issued upon consent shall become
effective at the time specified in the order and shall remain
effective as provided therein, unless it is stayed, modified,
terminated, or set aside by action of the director or a reviewing court. [2010 c 88 § 45; 1994 c 92 § 302; 1979 c 46 § 1.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
32.04.260
32.04.260 Temporary cease and desist orders—Reasons for issuance. (1) The director may also issue a temporary order requiring a savings bank or its holding company,
or both, to cease and desist from any action or omission, as
specified in RCW 32.04.250, or its continuation, which the
director has determined:
(a) Constitutes an unsafe and unsound practice, or a
material violation of RCW 32.04.015 affecting the savings
bank;
(b) Has resulted in the savings bank being less than adequately capitalized; or
(2010 Ed.)
General Provisions
(c) Is likely to cause insolvency or substantial dissipation
of assets or earnings of the savings bank, or to otherwise seriously prejudice the interests of the savings bank’s depositors.
(2) The order is effective upon service on the savings
bank or holding company, and remains effective unless set
aside, limited, or suspended by the superior court in proceedings under RCW 32.04.270 pending the completion of the
administrative proceedings under the notice and until such
time as the director dismisses the charges specified in the
notice or until the effective date of a cease and desist order
issued against the savings bank or holding company under
RCW 32.04.250. [2010 c 88 § 46; 1994 c 92 § 303; 1979 c
46 § 2.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
32.04.270 Temporary cease and desist order—
Injunction to set aside, limit, or suspend temporary order.
(1) Within ten days after a savings bank or holding company
has been served with a temporary cease and desist order, the
savings bank or holding company may apply to the superior
court in the county of its principal place of business for an
injunction setting aside, limiting, or suspending the order
pending the completion of the administrative proceedings
pursuant to the notice served under RCW 32.04.250.
(2) The superior court shall have jurisdiction to issue the
injunction. [2010 c 88 § 47; 1979 c 46 § 3.]
32.04.270
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
32.04.280 Violation of temporary cease and desist
order—Injunction to enforce order. In the case of a violation or threatened violation of a temporary cease and desist
order issued under RCW 32.04.260, the director may apply to
the superior court of the county of the principal place of business of the mutual savings bank for an injunction to enforce
the order. The court shall issue an injunction if it determines
there has been a violation or threatened violation. [1994 c 92
§ 304; 1979 c 46 § 4.]
32.04.280
Additional notes found at www.leg.wa.gov
32.04.310
filed as provided therein, the director may at any time modify, terminate, or set aside any order upon such notice and in
such manner as he or she shall deem proper. Upon filing the
record, the director may modify, terminate, or set aside any
order only with permission of the court.
(4) The judicial review provided in this section shall be
exclusive for orders issued under RCW 32.04.250 and
32.16.093.
(5) Any party to the proceeding or any person required
by an order, temporary order, or injunction issued under
RCW 32.04.250, 32.04.260, 32.04.280, or 32.16.093 to
refrain from any of the violations or practices stated therein
may obtain a review of any order served under subsection (1)
of this section other than one issued upon consent by filing in
the superior court of the county of the principal place of business of the affected mutual savings bank within ten days after
the date of service of the order a written petition praying that
the order of the director be modified, terminated, or set aside.
A copy of the petition shall be immediately served upon the
director and the director shall then file in the court the record
of the proceeding. The court shall have jurisdiction upon the
filing of the petition, which jurisdiction shall become exclusive upon the filing of the record, to affirm, modify, terminate, or set aside in whole or in part the order of the director
except that the director may modify, terminate, or set aside an
order with the permission of the court. The judgment and
decree of the court shall be final, except that it shall be subject to appellate review under the rules of court.
(6) The commencement of proceedings for judicial
review under subsection (5) of this section shall not operate
as a stay of any order issued by the director unless specifically ordered by the court.
(7) Service of any notice or order required to be served
under RCW 32.04.250, 32.04.260, or 32.16.093, or under
RCW 32.16.090, as now or hereafter amended, shall be
accomplished in the same manner as required for the service
of process in civil actions in superior courts of this state.
[2010 c 88 § 48; 1994 c 92 § 305; 1979 c 46 § 5.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
32.04.300 Jurisdiction of courts as to cease and desist
orders, orders to remove trustee, officer, or employee, etc.
The director may apply to the superior court of the county of
the principal place of business of the mutual savings bank
affected for the enforcement of any effective and outstanding
order issued under RCW 32.04.250 or 32.16.093, and the
court shall have jurisdiction to order compliance therewith.
No court shall have jurisdiction to affect by injunction or
otherwise the issuance or enforcement of any such order, or
to review, modify, suspend, terminate, or set aside any such
order, except as provided in RCW 32.04.270, 32.04.280, and
32.04.290. [1994 c 92 § 306; 1979 c 46 § 6.]
32.04.300
32.04.290 Administrative hearing provided for in
RCW 32.04.250 or 32.16.093—Procedure—Order—Judicial review. (1) Any administrative hearing provided in
RCW 32.04.250 or 32.16.093 must be conducted in accordance with chapter 34.05 RCW and held at the place designated by the director, and may be conducted by the department. The hearing shall be private unless the director determines that a public hearing is necessary to protect the public
interest after fully considering the views of the party afforded
the hearing.
(2) Within sixty days after the hearing, the director shall
render a decision which shall include findings of fact upon
which the decision is based and shall issue and serve upon
each party to the proceeding an order or orders consistent
with RCW 32.04.250 or 32.16.093, as the case may be.
(3) Unless a petition for review is timely filed in the
superior court of the county of the principal place of business
of the affected mutual savings bank under subsection (5) of
this section, and until the record in the proceeding has been
32.04.290
(2010 Ed.)
Additional notes found at www.leg.wa.gov
32.04.310 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to automated teller machines and night depositories regulated under
this title. [1993 c 324 § 12.]
32.04.310
Additional notes found at www.leg.wa.gov
[Title 32 RCW—page 7]
32.04.320
Title 32 RCW: Mutual Savings Banks
32.04.320 Director—Powers under chapter 19.144
RCW. The director or the director’s designee may take such
action as provided for in this title to enforce, investigate, or
examine persons covered by chapter 19.144 RCW. [2008 c
108 § 18.]
32.04.320
Findings—2008 c 108: See RCW 19.144.005.
Chapter 32.08
Chapter 32.08 RCW
ORGANIZATION AND POWERS
Sections
32.08.010
32.08.020
32.08.025
32.08.030
32.08.040
32.08.050
32.08.060
32.08.061
32.08.070
32.08.080
32.08.090
32.08.100
32.08.110
32.08.115
32.08.116
32.08.120
32.08.130
32.08.140
32.08.142
32.08.145
32.08.146
32.08.148
32.08.150
32.08.153
32.08.155
32.08.1551
32.08.157
32.08.160
32.08.170
32.08.180
32.08.190
32.08.210
32.08.215
32.08.220
32.08.225
32.08.230
Authority to organize—Incorporators—Certificate.
Notice of intention.
Limited liability company—Organization or conversion—
Approval of director—Conditions—Application of chapter
25.15 RCW—Definitions.
Submission of certificate—Proof of service of notice.
Examination and action by director.
Appeal from adverse decision.
Procedure upon approval.
Extension of period of existence—Procedure.
Authorization certificate.
Conditions precedent to reception of deposits.
Expense fund—Agreement to contribute further—Security.
Guaranty fund.
Guaranty fund—Purpose.
Guaranty fund—Payment of interest and dividends—Legislative declaration.
Guaranty fund—Payment of interest and dividends—When
authorized.
Guaranty fund—Replenishment—Dividends.
Reimbursement fund.
Powers of bank.
Additional powers—Powers of federal mutual savings bank.
Safe deposit companies.
Additional powers—Powers and authorities granted to federal
mutual savings banks after July 27, 2003—Restrictions.
Operation of branch outside Washington—Powers and authorities.
Certificates of deposit.
Additional powers—Powers and authorities of national banks
on July 28, 1985, or a subsequent date not later than July 27,
2003.
Additional powers—Powers and authorities conferred upon
national banks after July 27, 2003—Restrictions.
Powers and authorities of national banks after July 27, 2003—
Director’s finding necessary.
Additional powers—Powers and authorities of banks.
Writing of fire insurance restricted.
Effect of failure to organize or commence business.
Extension of existence.
May borrow from home loan bank.
Power to act as trustee—Authorized trusts—Limitations—
Application to act as trustee, fee—Approval or refusal of
application—Right of appeal—Use of word "trust".
Power to act as trustee for common trust funds under multiple
trust agreements—Conditions.
Findings—Purpose.
Sale, purchase, etc., of interest rate exchange agreements,
loans, or interests therein.
Restrictions and requirements by director.
Federal bonds and notes as investment of collateral: Chapter 39.60 RCW.
32.08.010 Authority to organize—Incorporators—
Certificate. When authorized by the director, as hereinafter
provided, not less than nine nor more than thirty persons may
form a corporation to be known as a "mutual savings bank."
Such persons must be citizens of the United States; at least
four-fifths of them must be residents of this state, and at least
two-thirds of them must be residents of the county where the
bank is to be located and its business transacted. They shall
subscribe an incorporation certificate in triplicate which shall
specifically state:
32.08.010
[Title 32 RCW—page 8]
(1) The name by which the savings bank is to be known,
which name shall include the words "mutual savings bank";
(2) The place where the bank is to be located, and its
business transacted, naming the city or town and county;
(3) The name, occupation, residence, and post office
address of each incorporator;
(4) The sums which each incorporator will contribute in
cash to the initial guaranty fund, and to the expense fund
respectively, as provided in RCW 32.08.090 and 32.08.100;
(5) Any provision the incorporators elect to so set forth
which is permitted by RCW 23B.17.030;
(6) Any other provision the incorporators elect to so set
forth which is not inconsistent with this chapter;
(7) A declaration that each incorporator will accept the
responsibilities and faithfully discharge the duties of a trustee
of the savings bank, and is free from all the disqualifications
specified in RCW 32.16.010. [1994 c 256 § 97; 1994 c 92 §
307; 1955 c 13 § 32.08.010. Prior: 1915 c 175 § 1; 1905 c
129 § 2; RRS § 3313.]
Reviser’s note: This section was amended by 1994 c 92 § 307 and by
1994 c 256 § 97, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.08.020 Notice of intention. At the time of executing
the incorporation certificate, the proposed incorporators shall
sign a notice of intention to organize the mutual savings
bank, which shall specify their names, the name of the proposed corporation, and its location as set forth in the incorporation certificate. The original of such notice shall be filed in
the office of the director within sixty days after the date of its
execution, and a copy thereof shall be published at least once
a week for four successive weeks in a newspaper designated
by the director, the publication to be commenced within
thirty days after such designation. At least fifteen days before
the incorporation certificate is submitted to the director for
examination, as provided in RCW 32.08.030, a copy of such
notice shall be served upon each savings bank doing business
in the city or town named in the incorporation certificate, by
mailing such copy (postage prepaid) to such bank. [1994 c 92
§ 308; 1955 c 13 § 32.08.020. Prior: 1915 c 175 § 2; RRS §
3314.]
32.08.020
32.08.025 Limited liability company—Organization
or conversion—Approval of director—Conditions—
Application of chapter 25.15 RCW—Definitions. (1) Notwithstanding any other provision of this title, if the conditions
of this section are met, a savings bank, or a holding company
of a savings bank, may be organized as, or convert to, a limited liability company under the Washington limited liability
company act, chapter 25.15 RCW. As used in this section,
"savings bank" includes an applicant to become a savings
bank or holding company of a savings bank, and "holding
company" means a holding company of a savings bank.
(2)(a) Before a savings bank or holding company may
organize as, or convert to, a limited liability company, the
savings bank or holding company must obtain approval of the
director.
(b)(i) To obtain approval under this section from the
director, the savings bank or holding company must file a
32.08.025
(2010 Ed.)
Organization and Powers
request for approval with the director at least ninety days
before the day on which the savings bank or holding company becomes a limited liability company.
(ii) If the director does not disapprove the request for
approval within ninety days from the day on which the director receives the request, the request is considered approved.
(iii) When taking action on a request for approval filed
under this section, the director may:
(A) Approve the request;
(B) Approve the request subject to terms and conditions
the director considers necessary; or
(C) Disapprove the request.
(3) To approve a request for approval, the director must
find that the savings bank or holding company:
(a) Will operate in a safe and sound manner; and
(b) Has the following characteristics:
(i) The certificate of formation and limited liability company require or set forth that the duration of the limited liability company is perpetual;
(ii) The savings bank or holding company is not otherwise subject to automatic termination, dissolution, or suspension upon the happening of some event other than the passage
of time;
(iii) The exclusive authority to manage the savings bank
or holding company is vested in a board of managers or directors that:
(A) Is elected or appointed by the owners;
(B) Is not required to have owners of the savings bank or
holding company included on the board;
(C) Possesses adequate independence and authority to
supervise the operation of the savings bank or holding company; and
(D) Operates with substantially the same rights, powers,
privileges, duties, and responsibilities as the board of directors of a corporation;
(iv) Neither state law, nor the savings bank’s or holding
company’s operating agreement, bylaws, or other organizational documents provide that an owner of the savings bank
or holding company is liable for the debts, liabilities, and
obligations of the savings bank or holding company in excess
of the amount of the owner’s investment;
(v) Neither state law, nor the savings bank’s or holding
company’s operating agreement, bylaws, or other organizational documents require the consent of any other owner of
the savings bank or holding company in order for any owner
to transfer an ownership interest in the savings bank or holding company, including voting rights;
(vi) The savings bank or holding company is able to
obtain new investment funding if needed to maintain adequate capital;
(vii) The savings bank or holding company is able to
comply with all legal and regulatory requirements for a federally insured depository bank, or holding company of a federally insured depository bank, under applicable federal and
state law; and
(viii) A savings bank or holding company that is organized as a limited liability company shall maintain the characteristics listed in this subsection (3)(b) during such time as
it is authorized to conduct business under this title as a limited liability company.
(2010 Ed.)
32.08.025
(4)(a) All rights, privileges, powers, duties, and obligations of a savings bank or holding company, that is organized
as a limited liability company, and its members and managers
are governed by the Washington limited liability company
act, chapter 25.15 RCW, except:
(i) To the extent chapter 25.15 RCW is in conflict with
federal law or regulation respecting the organization of a federally insured depository institution as a limited liability
company, such federal law or regulation supersedes the conflicting provisions contained in chapter 25.15 RCW in relation to a savings bank or holding company organized as a
limited liability company pursuant to this section; and
(ii) Without limitation, the following are inapplicable to
a savings bank or holding company organized as a limited liability company:
(A) Permitting automatic dissolution or suspension of a
limited liability company as set forth in RCW 25.15.270(1),
pursuant to a statement of limited duration which, though
impermissible under subsection (3)(b)(i) of this section, has
been provided for in a certificate of formation;
(B) Permitting automatic dissolution or suspension of a
limited liability company, pursuant to the limited liability
company agreement, as set forth in RCW 25.15.270(2);
(C) Permitting dissolution of the limited liability company agreement based upon agreement of all the members, as
set forth in RCW 25.l5.270(3);
(D) Permitting dissociation of all the members of the
limited liability company, as set forth in RCW 25.l5.270(4);
and
(E) Permitting automatic dissolution or suspension of a
limited liability company, pursuant to operation of law, as
otherwise set forth in chapter 25.15 RCW.
(b) Notwithstanding (a) of this subsection:
(i) For purposes of transferring a member’s interests in
the savings bank or holding company, a member’s interest in
the savings bank or holding company is treated like a share of
stock in a corporation; and
(ii) If a member’s interest in the savings bank or holding
company is transferred voluntarily or involuntarily to another
person, the person who receives the member’s interest
obtains the member’s entire rights associated with the member’s interest in the savings bank or holding company including, all economic rights and all voting rights.
(c) A savings bank or holding company may not by
agreement or otherwise change the application of (a) of this
subsection to the savings bank or holding company.
(5)(a) Notwithstanding any provision of chapter 25.15
RCW or this section to the contrary, all voting members
remain liable and responsible as fiduciaries of a savings bank
or holding company organized as a limited liability company,
regardless of resignation, dissociation, or disqualification, to
the same extent that directors of a savings bank or holding
company organized as a corporation would be or remain liable or responsible to the department and applicable federal
banking regulators; and
(b) If death, incapacity, or disqualification of all members of the limited liability company would result in a complete dissociation of all members, then the savings bank or
holding company, or both, as applicable is deemed nonetheless to remain in existence for purposes of the department or
an applicable federal regulator, or both, having standing
[Title 32 RCW—page 9]
32.08.030
Title 32 RCW: Mutual Savings Banks
under RCW 32.24.090 or applicable federal law, or both, to
exercise the powers and authorities of a receiver for the savings bank or holding company.
(6) For the purposes of this section, and unless the context clearly requires otherwise, for the purpose of applying
chapter 25.15 RCW to a savings bank or holding company
organized as a limited liability company:
(a) "Articles of incorporation" includes a limited liability
company’s certificate of formation, as that term is used in
RCW 25.15.005(1) and 25.15.070, and a limited liability
company agree m ent as t h at ter m is us ed in R C W
25.15.005(5);
(b) "Board of directors" includes one or more persons
who have, with respect to a savings bank or holding company
described in subsection (1) of this section, authority that is
substantially similar to that of a board of directors of a corporation;
(c) "Bylaws" includes a limited liability company agreement as that term is defined in RCW 25.15.005(5);
(d) "Corporation" includes a limited liability company
organized under chapter 25.15 RCW;
(e) "Director" includes any of the following of a limited
liability company:
(i) A manager;
(ii) A director; or
(iii) Other person who has, with respect to the savings
bank or holding company described in subsection (1) of this
section, authority substantially similar to that of a director of
a corporation;
(f) "Dividend" includes distributions made by a limited
liability company under RCW 25.15.215;
(g) "Incorporator" includes the person or persons executing the certificate of formation as provided in RCW
25.15.085(1);
(h) "Officer" includes any of the following of a savings
bank or holding company:
(i) An officer; or
(ii) Other person who has, with respect to the savings
bank or holding company, authority substantially similar to
that of an officer of a corporation;
(i) "Security," "shares," or "stock" of a corporation
includes a membership interest in a limited liability company
and any certificate or other evidence of an ownership interest
in a limited liability company; and
(j) "Stockholder" or "shareholder" includes an owner of
an equity interest in a savings bank or holding company,
including a member as defined in RCW 25.15.005(8) and
25.15.115. [2006 c 48 § 3.]
32.08.030 Submission of certificate—Proof of service
of notice. After the lapse of at least twenty-eight days from
the date of the first due publication of the notice of intention
to incorporate, and within ten days after the date of the last
publication thereof, the incorporation certificate executed in
triplicate shall be submitted for examination to the director at
his or her office in Olympia, with affidavits showing due
publication and service of the notice of intention to organize
prescribed in RCW 32.08.020. [1994 c 92 § 309; 1955 c 13 §
32.08.030. Prior: 1915 c 175 § 3; RRS § 3315.]
32.08.030
[Title 32 RCW—page 10]
32.08.040 Examination and action by director. When
any such certificate has been filed for examination the director shall thereupon ascertain from the best source of information at his or her command, and by such investigation as he or
she may deem necessary, whether the character, responsibility, and general fitness of the person or persons named in
such certificate are such as to command confidence and warrant belief that the business of the proposed bank will be honestly and efficiently conducted in accordance with the intent
and purpose of this title, and whether the public convenience
and advantage will be promoted by allowing such proposed
bank to be incorporated and engage in business, and whether
greater convenience and access to a savings bank would be
afforded to any considerable number of depositors by opening a mutual savings bank in the place designated, whether
the population in the neighborhood of such place, and in the
surrounding country, affords a reasonable promise of adequate support for the proposed bank, and whether the contributions to the initial guaranty fund and expense fund have
been paid in cash. After the director has satisfied himself or
herself by such investigation whether it is expedient and
desirable to permit such proposed bank to be incorporated
and engage in business, he or she shall within sixty days after
the date of the filing of the certificate for examination indorse
upon each of the triplicates thereof over his or her official signature the word "approved" or the word "refused," with the
date of such indorsement. In case of refusal he or she shall
forthwith return one of the triplicates so indorsed to the proposed incorporators from whom the certificate was received.
[1994 c 92 § 310; 1955 c 13 § 32.08.040. Prior: 1915 c 175 §
4, part; RRS § 3316, part.]
32.08.040
32.08.050 Appeal from adverse decision. From the
director’s refusal to issue a certificate of authorization, the
applicants or a majority of them, may within thirty days from
the date of the filing of the certificate of refusal with the secretary of state, appeal to a board of appeal composed of the
governor or the governor’s designee, the attorney general and
the director by filing in the office of the director a notice that
they appeal to such board from his or her refusal. The procedure upon the appeal shall be such as the board may prescribe, and its determination shall be certified, filed, and
recorded in the same manner as the director’s, and shall be
final. [1994 c 92 § 311; 1979 ex.s. c 57 § 6; 1955 c 13 §
32.08.050. Prior: 1915 c 175 § 4, part; RRS § 3316, part.]
32.08.050
32.08.060 Procedure upon approval. In case of
approval, the director shall forthwith give notice thereof to
the proposed incorporators, and file one of the duplicate certificates in his or her own office, and shall transmit the other
to the secretary of state. Upon receipt from the proposed
incorporators of the same fees as are required for filing and
recording other incorporation certificates, the secretary of
state shall file the certificate and record the same. Upon the
filing of said incorporation certificate in duplicate approved
as aforesaid in the offices of the director and the secretary of
state, the persons named therein and their successors shall
thereupon become and be a corporation, which corporation
shall have the powers and be subject to the duties and obligations prescribed in this title and its corporate existence shall
be perpetual, unless sooner terminated pursuant to law, but
32.08.060
(2010 Ed.)
Organization and Powers
such corporation shall not receive deposits or engage in business until authorized so to do by the director as provided in
RCW 32.08.070. [1994 c 92 § 312; 1981 c 302 § 26; 1957 c
80 § 1; 1955 c 13 § 32.08.060. Prior: 1915 c 175 § 4, part;
RRS § 3316, part.]
Additional notes found at www.leg.wa.gov
32.08.061 Extension of period of existence—Procedure. A mutual savings bank may amend its incorporation
certificate to extend the period of its corporate existence for a
further definite time or perpetually by a resolution adopted by
a majority vote of its board of trustees. Duplicate copies of
the resolution, subscribed and acknowledged by the president
and secretary of such bank, shall be filed in the office of the
director within thirty days after its adoption. If the director
finds that the resolution conforms to law he or she shall,
within sixty days after the date of the filing thereof, endorse
upon each of the duplicates thereof, over his or her official
signature, his or her approval and forthwith give notice
thereof to the bank and shall file one of the certificates in his
or her own office and shall transmit the other to the secretary
of state. Upon receipt from the mutual savings bank of the
same fees as are required of general corporations for filing
corresponding instruments, the secretary of state shall file the
resolution and record the same. Upon the filing of said resolution in duplicate, approved as aforesaid in the offices of the
director and the secretary of state, the corporate existence of
said bank shall continue for the period set forth in said resolution unless sooner terminated pursuant to law. [1994 c 92 §
313; 1981 c 302 § 27; 1963 c 176 § 1; 1957 c 80 § 8.]
32.08.061
Additional notes found at www.leg.wa.gov
32.08.070 Authorization certificate. Before a mutual
savings bank shall be authorized to do any business the director shall be satisfied that the corporation has in good faith
complied with all the requirements of law and fulfilled all the
conditions precedent to commencing business imposed by
this title. If satisfied that the corporation has in good faith
complied with all the requirements of law, and fulfilled all
the conditions precedent to commencing business imposed
by this title, the director shall within six months after the date
upon which the proposed organization certificate was filed
with him or her for examination, but in no case after the expiration of that period, issue under his or her hand and official
seal in triplicate an authorization certificate to such corporation. Such authorization certificate shall state that the corporation therein named has complied with all the requirements
of law, that it is authorized to transact at the place designated
in its certificate of incorporation, the business of a mutual
savings bank. One of the triplicate authorization certificates
shall be transmitted by the director to the corporation therein
named, and the other two authorization certificates shall be
filed by the director in the same public offices where the certificate of incorporation is filed, and shall be attached to said
incorporation certificate. [1994 c 92 § 314; 1981 c 302 § 28;
1955 c 13 § 32.08.070. Prior: 1915 c 175 § 5; RRS § 3317.]
32.08.070
Additional notes found at www.leg.wa.gov
32.08.080 Conditions precedent to reception of
deposits. Before such corporation shall be authorized to
32.08.080
(2010 Ed.)
32.08.100
receive deposits or transact business other than the completion of its organization, the director shall be satisfied that:
(1) The incorporators have made the deposit of the initial
guaranty fund required by this title;
(2) The incorporators have made the deposit of the
expense fund required by RCW 32.08.090 and if the director
shall so require, have entered into the agreement or undertaking with him or her and have filed the same and the security
therefor as prescribed in said section;
(3) The corporation has transmitted to the director the
name, residence, and post office address of each officer of the
corporation;
(4) Its certificate of incorporation in triplicate has been
filed in the respective public offices designated in this title.
[1994 c 92 § 315; 1955 c 13 § 32.08.080. Prior: 1915 c 175 §
6; RRS § 3318.]
32.08.090
32.08.090 Expense fund—Agreement to contribute
further—Security. Before any mutual savings bank shall be
authorized to do business, its incorporators shall create an
expense fund from which the expense of organizing such
bank and its operating expenses may be paid, until such time
as its earnings are sufficient to pay its operating expenses in
addition to such dividends as may be declared and credited to
its depositors from its earnings. The incorporators shall
deposit to the credit of such savings bank in cash as an
expense fund the sum of five thousand dollars. They shall
also enter into such an agreement or undertaking with the
director as trustee for the depositors with the savings bank as
he or she may require to make such further contributions in
cash to the expense fund as may be necessary to pay its operating expenses until such time as it can pay them from its
earnings, in addition to such dividends as may be declared
and credited to its depositors. Such agreement or undertaking
shall fix the maximum liability assumed thereby which shall
be a reasonable amount approved by the director and the
same shall be secured to his or her satisfaction, which security in his or her discretion may be by a surety bond executed
by a domestic or foreign corporation authorized to transact
within this state the business of surety. The agreement or
undertaking and security shall be filed in the office of the
director. Such agreement or undertaking and such security
need not be made or furnished unless the director shall
require the same. The amounts contributed to the expense
fund of said savings bank by the incorporators or trustees
shall not constitute a liability of the savings bank except as
hereinafter provided. [1994 c 92 § 316; 1955 c 13 §
32.08.090. Prior: 1915 c 175 § 8; RRS § 3320.]
32.08.100
32.08.100 Guaranty fund. Before any mutual savings
bank shall be authorized to do business, its incorporators
shall create a guaranty fund for the protection of its depositors against loss on its investments, whether arising from
depreciation in the market value of its securities or otherwise:
(1) Such guaranty fund shall consist of payments in cash
made by the original incorporators and of all sums credited
thereto from the earnings of the savings bank as hereinafter
required.
[Title 32 RCW—page 11]
32.08.110
Title 32 RCW: Mutual Savings Banks
(2) The incorporators shall deposit to the credit of such
savings bank in cash as an initial guaranty fund at least five
thousand dollars.
(3) Prior to the liquidation of any such savings bank such
guaranty fund shall not be in any manner encroached upon,
except for losses and the repayment of contributions made by
incorporators or trustees as hereinafter provided, until such
fund together with undivided profits exceeds twenty-five percent of the amount due depositors.
(4) The amounts contributed to such guaranty fund by
the incorporators or trustees shall not constitute a liability of
the savings bank, except as hereinafter provided, and any loss
sustained by the savings bank in excess of that portion of the
guaranty fund created from earnings may be charged against
such contributions pro rata. [1955 c 13 § 32.08.100. Prior:
1915 c 175 § 7; RRS § 3319.]
32.08.110 Guaranty fund—Purpose. The contributions of the incorporators, or trustees of any such savings
bank under the provisions of RCW 32.08.100, and the sums
credited thereto from its net earnings under the provisions of
RCW 32.08.120, shall constitute a guaranty fund for the
security of its depositors, and shall be held to meet any contingency or loss in its business from depreciation of its securities or otherwise, and for no other purpose except as provided in RCW 32.08.130, and RCW 32.12.090(5). [1955 c
13 § 32.08.110. Prior: 1915 c 175 § 21; RRS § 3350.]
32.08.110
32.08.115 Guaranty fund—Payment of interest and
dividends—Legislative declaration. It is hereby recognized that the savings banks of the state of Washington are
affected adversely by the uncertainties and ambiguities in the
law relating to guaranty funds. It is the express purpose of the
legislature in enacting RCW 32.08.116 to clarify that the law
permits payment of interest and dividends from the guaranty
funds of savings banks and RCW 32.08.116 shall be liberally
construed to that end. [1982 c 5 § 1.]
32.08.115
32.08.116 Guaranty fund—Payment of interest and
dividends—When authorized. A savings bank not having
net earnings or undivided profits or other surplus may pay
interest and dividends from its guaranty fund upon prior written approval of the director, which approval shall not be withheld unless the director has determined that such payments
would place the savings bank in an unsafe and unsound condition. [1994 c 92 § 317; 1982 c 5 § 2.]
32.08.116
32.08.120 Guaranty fund—Replenishment—Dividends. (1) If at the close of any dividend period the guaranty
fund of a savings bank is less than ten percent of the amount
due to depositors, there shall be deducted from its net earnings and credited to its guaranty fund not less than five percent of its net earnings for such period.
(2) The balance of its net earnings for such dividend
period, plus any earnings from prior accounting periods not
previously disbursed and not reserved for losses or other contingencies or required to be maintained in the guaranty fund,
shall be available for dividends.
While the trustees of such savings bank are paying its
expenses or any portion thereof, the amounts to be credited to
32.08.120
[Title 32 RCW—page 12]
its guaranty fund shall be computed at the same percentage
upon the total dividends credited to its depositors instead of
upon its net earnings. If the guaranty fund accumulated from
earnings equals or exceeds ten percent of the amount due to
depositors, the minimum dividend shall be four percent, if the
net earnings for such period are sufficient therefor. [1955 c
13 § 32.08.120. Prior: 1941 c 15 § 4; 1929 c 123 § 3; 1927 c
184 § 6; 1915 c 175 § 24; Rem. Supp. 1941 § 3353.]
32.08.130 Reimbursement fund. When the portion of
the guaranty fund created from earnings amounts to not less
than five thousand dollars (including in the case of a savings
bank converted from a building and loan or savings and loan
association or society the amount of the initial guaranty
fund), the board of trustees, with the written consent of the
director, may establish a reimbursement fund from which to
repay contributors to the expense fund and the initial guaranty fund (excepting the initial guaranty fund in the case of a
bank converted from a building and loan or savings and loan
association or society), and may transfer to the reimbursement fund any unexpended balance of contributions to the
expense fund. At the close of each dividend period the trustees may place to the credit of the reimbursement fund not
more than one percent of the net earnings of the bank during
that period. Payments from the reimbursement fund may be
made from time to time in such amounts as the board of trustees shall determine, and shall be made first to the contributors
to the expense fund in proportion to their contributions
thereto until they shall have been repaid in full, and then shall
be made to the contributors to the guaranty fund in proportion
to their contributions thereto until they shall have been repaid
in full. In case of the liquidation of the savings bank before
the contributions to the expense fund and the initial guaranty
fund have been fully repaid as above contemplated, any portion of the contributions not needed for the payment of the
expenses of liquidation and the payment of depositors in full
shall be paid to the contributors to the expense fund in proportion to their contributions thereto until they have been
repaid in full, and then shall be paid to the contributors to the
guaranty fund in proportion to their contributions thereto
until they have been repaid in full. [1994 c 92 § 318; 1955 c
13 § 32.08.130. Prior: 1945 c 135 § 1; 1927 c 178 § 1; 1915
c 175 § 9; Rem. Supp. 1945 § 3321.]
32.08.130
32.08.140 Powers of bank. Every mutual savings bank
incorporated under this title shall have, subject to the restrictions and limitations contained in this title, the following
powers:
(1) To receive deposits of money, to invest the same in
the property and securities prescribed in this title, to declare
dividends in the manner prescribed in this title, and to exercise by its board of trustees or duly authorized officers or
agents, subject to law, all such incidental powers as shall be
necessary to carry on the business of a savings bank.
(2) To issue transferable certificates showing the
amounts contributed by any incorporator or trustee to the
guaranty fund of such bank, or for the purpose of paying its
expenses. Every such certificate shall show that it does not
constitute a liability of the savings bank, except as otherwise
provided in this title.
32.08.140
(2010 Ed.)
Organization and Powers
(3) To purchase, hold and convey real property as prescribed in RCW 32.20.280.
(4) To pay depositors as hereinafter provided, and when
requested, pay them by drafts upon deposits to the credit of
the savings bank in any city in the United States, and to
charge current rates of exchange for such drafts.
(5) To borrow money in pursuance of a resolution
adopted by a vote of a majority of its board of trustees duly
entered upon its minutes whereon shall be recorded by ayes
and noes the vote of each trustee, for the purpose of repaying
depositors, and to pledge or hypothecate securities as collateral for loans so obtained. Immediate written notice shall be
given to the director of all amounts so borrowed, and of all
assets so pledged or hypothecated.
(6) Subject to such regulations and restrictions as the
director finds to be necessary and proper, to borrow money in
pursuance of a resolution, policy, or other governing document adopted by its board of trustees, for purposes other than
that of repaying depositors and to pledge or hypothecate its
assets as collateral for any such loans, provided that no
amount shall at any time be borrowed by a savings bank pursuant to this subsection (6), if such amount, together with the
amount then remaining unpaid upon prior borrowings by
such savings bank pursuant to this subsection (6), exceeds
thirty percent of the assets of the savings bank.
The sale of securities or loans by a bank subject to an
agreement to repurchase the securities or loans shall not be
considered a borrowing. Borrowings from federal, state, or
municipal governments or agencies or instrumentalities
thereof shall not be subject to the limits of this subsection.
(7) To collect or protest promissory notes or bills of
exchange owned by such bank or held by it as collateral, and
remit the proceeds of the collections by drafts upon deposits
to the credit of the savings bank in any city in the United
States, and to charge the usual rates or fees for such collection
and remittance for such protest.
(8) To sell gold or silver received in payment of interest
or principal of obligations owned by the savings bank or from
depositors in the ordinary course of business.
(9) To act as insurance agent for the purpose of writing
fire insurance on property in which the bank has an insurable
interest, the property to be located in the city in which the
bank is situated and in the immediate contiguous suburbs,
notwithstanding anything in any other statute to the contrary.
(10) To let vaults, safes, boxes or other receptacles for
the safekeeping or storage of personal property, subject to
laws and regulations applicable to, and with the powers possessed by, safe deposit companies.
(11) To elect or appoint in such manner as it may determine all necessary or proper officers, agents, boards, and
committees, to fix their compensation, subject to the provisions of this title, and to define their powers and duties, and
to remove them at will.
(12) To make and amend bylaws consistent with law for
the management of its property and the conduct of its business.
(13) To wind up and liquidate its business in accordance
with this title.
(14) To adopt and use a common seal and to alter the
same at pleasure.
(2010 Ed.)
32.08.146
(15) To exercise any other power or authority permissible under applicable state or federal law exercised by other
savings banks or by savings and loan associations with
branches in Washington to the same extent as those savings
institutions if, in the opinion of the director, the exercise of
these powers and authorities by the other savings institutions
affects the operations of savings banks in Washington or
affects the delivery of financial services in Washington.
(16) To exercise the powers and authorities conferred by
RCW 30.04.215.
(17) To exercise the powers and authorities that may be
carried on by a subsidiary of the mutual savings bank that has
been determined to be a prudent investment pursuant to RCW
32.20.380.
(18) To do all other acts authorized by this title.
(19) To exercise the powers and authorities that may be
exercised by an insured state bank in compliance with 12
U.S.C. Sec. 1831a. [1999 c 14 § 17; 1996 c 2 § 23; 1994 c 92
§ 319; 1981 c 86 § 2; 1977 ex.s. c 104 § 1; 1963 c 176 § 2;
1957 c 80 § 2; 1955 c 13 § 32.08.140. Prior: 1927 c 184 § 1;
1925 ex.s. c 86 § 1; 1915 c 175 § 10; RRS § 3322.]
Additional notes found at www.leg.wa.gov
32.08.142
32.08.142 Additional powers—Powers of federal
mutual savings bank. Notwithstanding any restrictions,
limitations, and requirements of law, in addition to all powers, express or implied, that a mutual savings bank has under
the laws of this state, a mutual savings bank shall have the
powers and authorities that any federal mutual savings bank
had on July 28, 1985, or a subsequent date not later than July
27, 2003. As used in this section, "powers and authorities"
include without limitation powers and authorities in corporate governance matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of federal mutual savings
banks shall apply to mutual savings banks exercising those
powers or authorities permitted under this section but only
insofar as the restrictions, limitations, and requirements relate
to exercising the powers or authorities granted mutual savings banks solely under this section. [2003 c 24 § 7; 1999 c
14 § 18; 1996 c 2 § 24; 1994 c 256 § 98; 1985 c 56 § 3; 1981
c 86 § 10.]
Severability—2003 c 24: See RCW 30.04.901.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
32.08.145
32.08.145 Safe deposit companies. See chapter 22.28
RCW.
32.08.146
32.08.146 Additional powers—Powers and authorities granted to federal mutual savings banks after July 27,
2003—Restrictions. A mutual savings bank may exercise
the powers and authorities granted, after July 27, 2003, to
federal mutual savings banks or their successors under federal law, only if the director finds that the exercise of such
powers and authorities:
(1) Serves the convenience and advantage of depositors
and borrowers; and
[Title 32 RCW—page 13]
32.08.148
Title 32 RCW: Mutual Savings Banks
(2) Maintains the fairness of competition and parity
between state-chartered savings banks and federal savings
banks or their successors under federal law.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of federal mutual savings
banks or their successors under federal law shall apply to
mutual savings banks exercising those powers or authorities
permitted under this section but only insofar as the restrictions, limitations, and requirements relate to exercising the
powers or authorities granted mutual savings banks solely
under this section. [2003 c 24 § 8; 1999 c 14 § 19; 1996 c 2
§ 25; 1994 c 256 § 99.]
Severability—2003 c 24: See RCW 30.04.901.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
restrictions, limitations, and requirements relate to exercising
the powers or authorities granted mutual savings banks solely
under this section. The director may require such a savings
bank to provide notice prior to implementation of a plan to
develop, improve, or continue holding an individual parcel of
real estate, including capitalized and operating leases,
acquired through any means in full or partial satisfaction of a
debt previously contracted, under circumstances in which a
national bank would be required to provide notice to the
comptroller of the currency prior to implementation of such a
plan. The director may adopt rules, orders, directives, standards, policies, memoranda[,] or other communications to
specify guidance with regard to the exercise of the powers
and authorities to expend such funds as are needed to enable
such a savings bank to recover its total investment, to the fullest extent authorized for a national bank under the national
bank act, 12 U.S.C. Sec. 29. [2010 c 88 § 49; 2003 c 24 § 4.]
Effective date—2010 c 88: See RCW 32.50.900.
Severability—2003 c 24: See RCW 30.04.901.
32.08.148 Operation of branch outside Washington—Powers and authorities. In addition to all powers and
authorities, express or implied, that a mutual savings bank
has under the laws of this state, a mutual savings bank chartered under this title may exercise any powers and authorities
at any branch outside Washington that are permissible for a
savings bank operating in the jurisdiction where that branch
is located, or for a bank, savings association, or similar financial institution operating in the jurisdiction if the laws of the
jurisdiction do not provide for the operation of savings banks
in the jurisdiction, except to the extent that the exercise of
these powers and authorities is expressly prohibited or limited by the laws of this state or by any rule or order of the
director applicable to the mutual savings bank. However, the
director may waive any limitation in writing with respect to
powers and authorities that the director determines do not
threaten the safety or soundness of the mutual savings bank.
[1996 c 2 § 26.]
32.08.148
Additional notes found at www.leg.wa.gov
32.08.150 Certificates of deposit. A mutual savings
bank may issue savings certificates of deposit in such form
and upon such terms as the bank may determine. [1981 c 86
§ 3; 1979 c 51 § 1; 1975 c 15 § 1; 1969 c 55 § 1; 1959 c 41 §
1; 1959 c 14 § 1; 1957 c 80 § 3; 1955 c 13 § 32.08.150. Prior:
1915 c 175 § 13; RRS § 3342.]
32.08.150
Additional notes found at www.leg.wa.gov
32.08.153 Additional powers—Powers and authorities of national banks on July 28, 1985, or a subsequent
date not later than July 27, 2003. (1) Notwithstanding any
restrictions, limitations, and requirements of law, in addition
to all powers, express or implied, that a mutual savings bank
has under the laws of this state, a mutual savings bank shall
have each and every power and authority that any national
bank had on July 28, 1985, or on any subsequent date not
later than July 27, 2003.
(2) The restrictions, limitations, and requirements applicable to specific powers or authorities of national banks
apply to mutual savings banks exercising those powers or
authorities permitted under this section but only insofar as the
32.08.153
[Title 32 RCW—page 14]
32.08.155 Additional powers—Powers and authorities conferred upon national banks after July 27, 2003—
Restrictions. Notwithstanding any restrictions, limitations,
and requirements of law, in addition to all powers, express or
implied, that a mutual savings bank has under the laws of this
state, a mutual savings bank shall have the powers and
authorities conferred upon a national bank after July 27,
2003, only if the director finds that the exercise of such powers and authorities:
(1) Serves the convenience and advantage of depositors,
borrowers, or the general public; and
(2) Maintains the fairness of competition and parity
between mutual savings banks and national banks.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance and operational matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of national banks apply
to mutual savings banks exercising those powers or authorities permitted under this section but only insofar as the
restrictions, limitations, and requirements relate to exercising
the powers or authorities granted mutual savings banks solely
under this section. [2003 c 24 § 5.]
32.08.155
Severability—2003 c 24: See RCW 30.04.901.
32.08.1551 Powers and authorities of national banks
after July 27, 2003—Director’s finding necessary. [(1)] A
mutual savings bank may exercise the powers and authorities
granted, after July 27, 2003, to national banks or their successors under federal law, only if the director finds that the exercise of such powers and authorities:
(a) Serves the convenience and advantage of depositors
and borrowers; and
(b) Maintains the fairness of competition and parity
between state-chartered mutual savings banks and national
banks or their successors under federal law.
(2) The restrictions, limitations, and requirements applicable to specific powers or authorities of national banks or
their successors under federal law shall apply to mutual savings banks exercising those powers or authorities permitted
32.08.1551
(2010 Ed.)
Organization and Powers
under this section but only insofar as the restrictions, limitations, and requirements relate to exercising the powers or
authorities granted mutual savings banks solely under this
section.
(3) As used in this section, "powers and authorities"
include without limitation powers and authorities in corporate governance matters. [2010 c 88 § 50.]
Effective date—2010 c 88: See RCW 32.50.900.
32.08.157 Additional powers—Powers and authorities of banks. Notwithstanding any restrictions, limitations,
and requirements of law, in addition to all powers, express or
implied, that a mutual savings bank has under this title, a
mutual savings bank has the powers and authorities that a
bank has under Title 30 RCW. As used in this section, "powers and authorities" include without limitation powers and
authorities in corporate governance matters.
The restrictions, limitations, and requirements applicable to specific powers or authorities of banks apply to mutual
savings banks exercising those powers or authorities permitted under this section but only insofar as the restrictions, limitations, and requirements relate to exercising the powers or
authorities granted mutual savings banks solely under this
section. [2003 c 24 § 6.]
32.08.157
Severability—2003 c 24: See RCW 30.04.901.
32.08.160 Writing of fire insurance restricted. When
a savings bank is itself acting as an insurance agent, a trustee,
officer, or employee of the bank shall not act as an insurance
agent to write fire insurance on property in which the bank
has an insurable interest, and no part of a room used by a savings bank in the transaction of its business shall be occupied
or used by any person other than the bank in the writing of
fire insurance. [1955 c 13 § 32.08.160. Prior: 1925 ex.s. c 86
§ 7; RRS § 3342a.]
32.08.160
32.08.170 Effect of failure to organize or commence
business. See RCW 30.08.070.
32.08.170
32.08.180 Extension of existence.
30.08.080.
32.08.180
See RCW
32.08.190 May borrow from home loan bank.
RCW 30.32.030.
32.08.190
See
32.08.210 Power to act as trustee—Authorized
trusts—Limitations—Application to act as trustee, fee—
Approval or refusal of application—Right of appeal—
Use of word "trust". A mutual savings bank shall have the
power to act as trustee under:
(1) A trust established by an inter vivos trust agreement
or under the will of a deceased person.
(2) A trust established in connection with any collective
bargaining agreement or labor negotiation wherein the beneficiaries of the trust include the employees concerned under
the agreement or negotiation, or a trust established in connection with any pension, profit sharing, or retirement benefit
plan of any corporation, partnership, association, or individual, including but not limited to retirement plans established
pursuant to the provisions of the act of congress entitled
32.08.210
(2010 Ed.)
32.08.215
"Self-Employed Individuals Tax Retirement Act of 1962", as
now constituted or hereafter amended, or plans established
pursuant to the provisions of the act of congress entitled
"Employee Retirement Income Security Act of 1974", as now
constituted or hereafter amended.
A mutual savings bank may be appointed to and accept
the appointment of personal representative of the last will and
testament, or administrator with will annexed, of the estate of
any deceased person and to be appointed and to act as guardian of the estate of minors and incompetent and disabled persons.
The restrictions, limitations and requirements in Title 30
RCW shall apply to a mutual savings bank exercising the
powers granted under this section insofar as the restrictions,
limitations, and requirements relate to exercising the powers
granted under this section. The incidental trust powers to act
as agent in the management of trust property and the transaction of trust business in Title 30 RCW shall apply to a mutual
savings bank exercising the powers granted under this section
insofar as the incidental powers relate to exercising the powers granted under this section.
Before engaging in trust business, a mutual savings bank
shall apply to the director on such form as he or she shall
determine and pay the same fee as required for a state bank to
engage in trust business. In considering such application the
director shall ascertain from the best source of information at
his or her command and by such investigation as he or she
may deem necessary whether the management and personnel
of the mutual savings bank are such as to command confidence and warrant belief that the trust business will be adequately and efficiently conducted in accordance with law,
whether the resources in the neighborhood of such place and
in the surrounding country afford a reasonable promise of
adequate support for the proposed trust business and whether
the resources of the mutual savings bank are sufficient to support the conduct of such trust business, and that the mutual
savings bank has and maintains, in addition to its guaranty
fund, undivided profits against which the depositors have no
prior claim in an amount not less than would be required of a
state bank or trust company, which undivided profits shall be
eligible for investment in the same manner as the guaranty
fund of a mutual savings bank. Within sixty days after receipt
of such application, the director shall either approve or refuse
the same and forthwith return to the mutual savings bank a
copy of the application upon which his or her decision has
been endorsed. The director shall not be required to approve
or refuse an application until thirty days after any appropriate
approval has been obtained from a federal regulatory agency.
The applicant shall have the right to appeal from an unfavorable determination in accordance with the procedures of the
administrative procedure act, chapter 34.05 RCW, as now or
hereafter amended. A mutual savings bank shall not use the
word "trust" in its name, but may use the word "trust" in its
business or advertising. [1994 c 92 § 320; 1975 1st ex.s. c
265 § 1; 1969 c 55 § 12.]
32.08.215 Power to act as trustee for common trust
funds under multiple trust agreements—Conditions. No
mutual savings bank or wholly owned subsidiary thereof
shall act as trustee for common trust funds established for the
benefit of more than one beneficiary under more than one
32.08.215
[Title 32 RCW—page 15]
32.08.220
Title 32 RCW: Mutual Savings Banks
trust agreement, unless the savings bank or subsidiary trust
company shall first give written notice to the director, at least
sixty days prior to the creation of any such fund. [1994 c 92
§ 321; 1985 c 56 § 4.]
Chapter 32.12 RCW
DEPOSITS—EARNINGS—DIVIDENDS—INTEREST
Chapter 32.12
Sections
32.12.010
32.08.220
32.08.220 Findings—Purpose. The legislature finds
that [the] state of Washington needs investment of funds
from out of state and from investors in the state of Washington to keep money for real estate and other forms of financing
reasonably available for the needs of Washington citizens.
Many innovations have taken place in the last several years to
aid in the sale of loans or portions thereof to others including
the sale of mortgage passthrough certificates, mortgage
backed bonds, participation sales with varying rates, terms or
priorities to various participants and the like. As the marketing of such investments continues, further innovations can be
expected. It will benefit the state if mutual savings banks subject to the laws of this state have the broadest powers possible
commensurate with their safety and soundness to take part in
such activities. It is the purpose of RCW 32.08.225 and
32.08.230 to grant a broad power. [1981 c 86 § 11.]
Additional notes found at www.leg.wa.gov
32.08.225
32.08.225 Sale, purchase, etc., of interest rate
exchange agreements, loans, or interests therein. Any
mutual savings bank may through any device sell, purchase,
exchange, issue evidence of a sale or exchange of, or in any
manner deal in any form of sale or exchange of interest rate
exchange agreements, loans, or any interest therein including
but not being limited to mortgage passthrough issues, mortgage backed bond issues, and loan participations and may
purchase a subordinated portion thereof, issue letters of credit
to insure against losses on a portion thereof, agree to repurchase all or a portion thereof, guarantee all or a portion of the
payments thereof, and without any implied limitation by the
foregoing or otherwise, do any and all things necessary or
convenient to take part in or effectuate any such sales or
exchanges by a mutual savings bank itself or by a subsidiary
thereof. [1985 c 56 § 5; 1981 c 86 § 12.]
Additional notes found at www.leg.wa.gov
32.08.230
32.08.230 Restrictions and requirements by director.
Any mutual savings bank engaging in any activity contemplated in RCW 32.08.225, whereby it holds or purchases subordinated securities, issues letters of credit to secure a portion
of any sale or issue of loans sold or exchanged, or in any manner acts as a partial guarantor or insurer or repurchaser of any
loans sold or exchanged, shall do so only in accordance with
such reasonable restrictions and requirements as the director
shall require and shall report and carry such transactions on
its books and records in such manner as the director shall
require. In establishing any requirements and restrictions
hereunder, the director shall consider the effect the transaction and the reporting thereof will have on the safety and
soundness of the mutual savings bank engaging in it. [1994 c
92 § 322; 1981 c 86 § 13.]
Additional notes found at www.leg.wa.gov
[Title 32 RCW—page 16]
32.12.020
32.12.025
32.12.050
32.12.070
32.12.080
32.12.090
32.12.120
Deposits by individuals governed by chapter 30.22 RCW—
Other deposits which a savings bank may establish—Limitations.
Repayment of deposits and dividends.
Withdrawals by savings bank’s drafts in accordance with
depositor’s instructions authorized.
Accounting—Entry of assets, real estate, securities, etc.
Computation of earnings.
Misleading advertisement of surplus or guaranty fund.
Interest—Rate—Notice of changed rate.
Adverse claim to a deposit to be accompanied by court order
or bond—Exceptions.
Depositaries
city: Chapter 35.38 RCW.
county: Chapter 36.48 RCW.
of state funds: Chapter 43.85 RCW.
Receiving deposits after insolvency prohibited: State Constitution Art. 12 §
12; RCW 9.24.030.
Uniform unclaimed property act: Chapter 63.29 RCW.
32.12.010 Deposits by individuals governed by chapter 30.22 RCW—Other deposits which a savings bank
may establish—Limitations. Deposits made by individuals
in a mutual savings bank under this chapter are governed by
chapter 30.22 RCW. In addition, other deposits which a savings bank may establish include but are not limited to the following:
(1) Deposits in the name of, or on behalf of, a partnership
or other form of multiple ownership enterprise.
(2) Deposits in the name of a corporation, society, or
unincorporated association.
(3) Deposits maintained by a person, society, or corporation as administrator, executor, guardian, or trustee under a
will or trust agreement.
Every such bank may limit the aggregate amount which
an individual or any corporation or society may have to his or
her or its credit to such sum as such bank may deem expedient to receive; and may in its discretion refuse to receive a
deposit, or may at any time return all or any part of any
deposits or require the withdrawal of any dividends or interest. Any account in excess of one hundred thousand dollars
may only be accepted or held in accordance with such regulations as the director may establish. [1994 c 92 § 323; 1981
c 192 § 27; 1967 c 145 § 1; 1961 c 80 § 1; 1959 c 41 § 2; 1957
c 80 § 4; 1955 c 13 § 32.12.010. Prior: 1953 c 238 § 1; 1949
c 119 § 4; 1941 c 15 § 2; 1929 c 123 § 1; 1927 c 184 § 5; 1921
c 156 § 2; 1919 c 200 § 2; 1915 c 175 § 17; Rem. Supp. 1949
§ 3346.]
32.12.010
Additional notes found at www.leg.wa.gov
32.12.020 Repayment of deposits and dividends. The
sums deposited with any savings bank, together with any dividends or interest credited thereto, shall be repaid to the
depositors thereof respectively, or to their legal representatives, after demand in such manner, and at such times, and
under such regulations, as the board of trustees shall prescribe, subject to the provisions of this section and chapter
30.22 RCW. These regulations shall be available to depositors upon request, and shall be posted in a conspicuous place
in the principal office and each branch in this state or, if the
32.12.020
(2010 Ed.)
Deposits—Earnings—Dividends—Interest
regulations are not so posted, a description of changes in the
regulations after an account is opened shall be mailed to
depositors pursuant to 12 U.S.C. Sec. 4305(c) or otherwise.
All such rules and regulations, and all amendments thereto,
from time to time in effect, shall be binding upon all depositors.
(1) Such bank may at any time by a resolution of its
board of trustees require a notice of not more than six months
before repaying deposits, in which event no deposit shall be
due or payable until the required notice of intention to withdraw the same shall have been personally given by the depositor: PROVIDED, That such bank at its option may pay any
deposit or deposits before the expiration of such notice. But
no bank shall agree with its depositors or any of them in
advance to waive the requirement of notice as herein provided: PROVIDED, That the bank may create a special class
of depositors who shall be entitled to receive their deposits
upon demand.
(2) The savings bank may pay dividend or interest, or
repay a deposit or portion thereof, upon receipt of information in written, oral, visual, electronic, or other form satisfactory to such bank, that the recipient is entitled to receipt, and
may pay any check drawn upon it by a depositor. [1999 c 14
§ 20; 1996 c 2 § 27; 1994 c 92 § 324; 1985 c 56 § 6; 1983 c 3
§ 53; 1981 c 192 § 28; 1974 ex.s. c 117 § 40; 1969 c 55 § 2;
1967 c 145 § 2; 1963 c 176 § 3; 1961 c 80 § 2; 1959 c 41 § 3;
1955 c 13 § 32.12.020. Prior: 1945 c 228 § 6; 1921 c 156 §
3; 1915 c 175 § 18; Rem. Supp. 1945 § 3347.]
Additional notes found at www.leg.wa.gov
32.12.025 Withdrawals by savings bank’s drafts in
accordance with depositor’s instructions authorized.
Subject to the provisions of RCW 32.12.020(1), a savings
bank may, on instructions from a depositor, effect withdrawals from a savings account by the savings bank’s drafts payable to parties and on terms as so instructed; to the extent of
the subjection of accounts to such withdrawal instruction,
such accounts may be specifically classified under RCW
32.12.090(2) and ineligible to receive interest or eligible only
for limited interest. [1967 c 145 § 3.]
32.12.025
32.12.050 Accounting—Entry of assets, real estate,
securities, etc. (1) No savings bank shall by any system of
accounting, or any device of bookkeeping, directly or indirectly, enter any of its assets upon its books in the name of
any other individual, partnership, unincorporated association,
or corporation, or under any title or designation that is not in
accordance with the actual facts.
(2) The bonds, notes, mortgages, or other interest bearing obligations purchased or acquired by a savings bank,
shall not be entered on its books at more than the actual cost
thereof, and shall not thereafter be carried upon its books for
a longer period than until the next declaration of dividends, or
in any event for more than one year, at a valuation exceeding
their present cost as determined by amortization, that is, by
deducting from the cost of any such security purchased for a
sum in excess of the amount payable thereon at maturity and
charging to "profit and loss" a sufficient sum to bring it to par
at maturity, or adding to the cost of any such security purchased at less than the amount payable thereon at maturity
32.12.050
(2010 Ed.)
32.12.070
and crediting to "profit and loss" a sufficient sum to bring it
to par at maturity.
(3) No such bank shall enter, or at any time carry on its
books, the real estate and the building or buildings thereon
used by it as its place of business at a valuation exceeding
their actual cost to the bank.
(4) Every such bank shall conform its methods of keeping its books and records to such orders in respect thereof as
shall have been made and promulgated by the director. Any
officer, agent, or employee of any savings bank who refuses
or neglects to obey any such order shall be punished as hereinafter provided.
(5) Real estate acquired by a savings bank, other than
that acquired for use as a place of business, may be entered on
the books of the bank at the actual cost thereof but shall not
be carried beyond the current dividend period at an amount in
excess of the amount of the debt in protection of which such
real estate was acquired, plus the cost of any improvements
thereto.
An appraisal shall be made by a qualified person of
every such parcel of real estate within six months from the
date of conveyance. If the value at which such real estate is
carried on the books is in excess of the value found on
appraisal the book value shall, at the end of the dividend
period during which such appraisal was made, be reduced to
an amount not in excess of such appraised value.
(6) No such bank shall enter or carry on its books any
asset which has been disallowed by the director or the trustees of such bank, unless the director upon application by such
savings bank has fixed a valuation at which such asset may be
carried as permitted in subsection (7) of this section.
(7) Notwithstanding the provisions of this section, no
savings bank may maintain its books and records or enter and
carry on its books any asset or liability at any valuation contrary to any accounting rules promulgated or adopted by the
federal deposit insurance corporation or the director or contrary to generally accepted accounting principles. [1994 c
256 § 100; 1994 c 92 § 325; 1985 c 56 § 7; 1983 c 44 § 1;
1955 c 13 § 32.12.050. Prior: 1941 c 15 § 1; 1915 c 175 § 16;
Rem. Supp. 1941 § 3345.]
Reviser’s note: This section was amended by 1994 c 92 § 325 and by
1994 c 256 § 100, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.12.070 Computation of earnings. (1) Gross current
operating earnings. Every savings bank shall close its books,
for the purpose of computing its net earnings, at the end of
any period for which a dividend is to be paid, and in no event
less frequently than semiannually. To determine the amount
of gross earnings of a savings bank during any dividend
period the following items may be included:
(a) All earnings actually received during such period,
less interest accrued and uncollected included in the last previous calculation of earnings;
(b) Interest accrued and uncollected upon debts owing to
it secured by authorized collateral, upon which there has been
no default for more than one year, and upon corporate bonds,
or other interest bearing obligations owned by it upon which
there is no default;
32.12.070
[Title 32 RCW—page 17]
32.12.080
Title 32 RCW: Mutual Savings Banks
(c) The sums added to the cost of securities purchased
for less than par as a result of amortization;
(d) Any profits actually received during such period
from the sale of securities, real estate or other property owned
by it;
(e) Such other items as the director, in his or her discretion and upon his or her written consent, may permit to be
included.
(2) Net current earnings. To determine the amount of its
net earnings for each dividend period the following items
shall be deducted from gross earnings:
(a) All expenses paid or incurred, both ordinary and
extraordinary, in the transaction of its business, the collection
of its debts and the management of its affairs, less expenses
incurred and interest accrued upon its debts deducted at the
last previous calculation of net earnings for dividend purposes;
(b) Interest paid or accrued and unpaid upon debts owing
by it;
(c) The amounts deducted through amortization from the
cost of bonds or other interest bearing obligations purchased
above par in order to bring them to par at maturity;
(d) Contributions to any corporation or any community
chest fund or foundation organized and operated exclusively
for religious, charitable, scientific, literary or educational
purposes, no part of the net earnings of which inures to the
benefit of any private shareholder or individual and no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation. The
total contributions for any calendar year shall not exceed a
sum equal to one-half of one percent of the net earnings of
such savings bank for the preceding calendar year.
The balance thus obtained shall constitute the net earnings of the savings bank for such period.
(3) Earnings paid by a savings bank on deposits may be
referred to as "dividends" or as "interest". [1994 c 92 § 327;
1955 c 80 § 3; 1955 c 13 § 32.12.070. Prior: 1953 c 238 § 2;
1941 c 15 § 3; 1915 c 175 § 23; Rem. Supp. 1941 § 3352.]
32.12.080 Misleading advertisement of surplus or
guaranty fund. No savings bank shall put forth any sign or
notice or publish or circulate any advertisement or advertising literature upon which or in which it is stated that such savings bank has a surplus or guaranty fund other than as determined in the manner prescribed by law. [1955 c 13 §
32.12.080. Prior: 1929 c 123 § 5; 1915 c 175 § 27; RRS §
3356.]
32.12.080
32.12.090 Interest—Rate—Notice of changed rate.
(1) Every savings bank shall regulate the rate of interest upon
the amounts to the credit of depositors therewith, in such
manner that depositors shall receive as nearly as may be all
the earnings of the bank after transferring the amount
required by RCW 32.08.120 and such further amounts as its
trustees may deem it expedient and for the security of the
depositors to transfer to the guaranty fund, which to the
amount of ten percent of the amount due its depositors the
trustees shall gradually accumulate and hold. Such trustees
may also deduct from its net earnings, and carry as reserves
32.12.090
[Title 32 RCW—page 18]
for losses, or other contingencies, or as undivided profits,
such additional sums as they may deem wise.
(2) Every savings bank may classify its depositors
according to the local market, character, amount, regularity,
or duration of their dealings with the savings bank, and may
regulate the interest in such manner that each depositor shall
receive the same ratable portion of interest as all others of his
or her class.
(3) Unimpaired contributions to the initial guaranty fund
and to the expense fund, made by the incorporators or trustees of a savings bank, shall be entitled to have dividends
apportioned thereon, which may be credited and paid to such
incorporators or trustees.
Whenever the guaranty fund of any savings bank is sufficiently large to permit the return of such contributions, the
contributors may receive interest thereon not theretofore
credited or paid at the same rate paid to depositors.
(4) A savings bank may pay interest on deposits at such
rates as its board or a committee or officer designated by the
board shall from time to time determine.
(5) The trustees of any savings banks, other than a stock
savings bank, whose undivided profits and guaranty fund,
determined in the manner prescribed in RCW 32.12.070,
amount to more than twenty-five percent of the amount due
its depositors, shall at least once in three years divide equitably the accumulation beyond such twenty-five percent as an
extra dividend to depositors in excess of the regular dividend
authorized.
(6) A notice posted conspicuously in a savings bank of a
change in the rate of interest shall be equivalent to a personal
notice. [1999 c 14 § 21; 1994 c 256 § 101; 1983 c 44 § 2;
1977 ex.s. c 104 § 2; 1969 c 55 § 3; 1961 c 80 § 3; 1957 c 80
§ 5; 1955 c 13 § 32.12.090. Prior: 1953 c 238 § 3; 1921 c 156
§ 4; 1919 c 200 § 3; 1915 c 175 § 25; RRS § 3354.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
32.12.120 Adverse claim to a deposit to be accompanied by court order or bond—Exceptions. Notice to any
mutual savings bank doing business in this state of an adverse
claim to a deposit standing on its books to the credit of any
person shall not be effectual to cause said bank to recognize
said adverse claimant unless said adverse claimant shall also
either procure a restraining order, injunction or other appropriate process against said bank from a court of competent
jurisdiction in a cause therein instituted by him wherein the
person to whose credit the deposit stands is made a party and
served with summons or shall execute to said bank, in form
and with sureties acceptable to it, a bond, in an amount which
is double either the amount of said deposit or said adverse
claim, whichever is the lesser, indemnifying said bank from
any and all liability, loss, damage, costs and expenses, for and
on account of the payment of such adverse claim or the dishonor of the check or other order of the person to whose
credit the deposit stands on the books of said bank: PROVIDED, That this law shall not apply in any instance where
the person to whose credit the deposit stands is a fiduciary for
such adverse claimant, and the facts constituting such relationship as also the facts showing reasonable cause of belief
on the part of said claimant that the said fiduciary is about to
32.12.120
(2010 Ed.)
Officers and Employees
misappropriate said deposit, are made to appear by the affidavit of such claimant.
This section shall not apply to accounts subject to chapter 30.22 RCW. [1981 c 192 § 31; 1963 c 176 § 13. Cf. 1961
c 280 § 4; RCW 30.20.090.]
Additional notes found at www.leg.wa.gov
Chapter 32.16
Chapter 32.16 RCW
OFFICERS AND EMPLOYEES
Sections
32.16.010
32.16.012
32.16.020
32.16.030
32.16.040
32.16.050
32.16.060
32.16.070
32.16.080
32.16.090
32.16.0901
32.16.093
32.16.095
32.16.097
32.16.100
32.16.110
32.16.120
32.16.130
32.16.140
Board of trustees—Number—Qualifications.
Age requirements.
Oath of trustees—Declaration of incumbency—Not applicable
to directors of stock savings banks.
Vacancies, when to be filled.
Quorum—Meetings.
Compensation of trustees.
Change in number of trustees.
Restrictions on trustees.
Removal of trustees—Vacancies—Eligibility to reelection.
Removal of a board director, officer, or employee—Prohibition from participation in conduct of affairs—Grounds—
Notice.
Written notice of charges under RCW 32.16.090.
Notice of intention to remove or prohibit participation in conduct of affairs—Hearing—Order of removal and/or prohibition.
Removal of one or more trustees or directors—Lack of quorum—Temporary trustees.
Penalty for violation of order issued under RCW 32.16.093.
Examination by trustees’ committee—Report.
Officers.
Fidelity bonds.
Conversion of savings and loan association to mutual savings
bank—Director may serve as trustee.
Violations—Trustees’ or directors’ liability.
32.16.010 Board of trustees—Number—Qualifications. (1) There shall be a board of trustees who shall have
the entire management and control of the affairs of the savings bank. The persons named in the certificate of authorization shall be the first trustees. The board shall consist of not
less than nine nor more than thirty members.
(2) A person shall not be a trustee of a savings bank, if he
(a) Is not a resident of a state of the United States;
(b) Has been adjudicated a bankrupt or has taken the
benefit of any insolvency law, or has made a general assignment for the benefit of creditors;
(c) Has suffered a judgment recovered against him for a
sum of money to remain unsatisfied of record or unsecured
on appeal for a period of more than three months;
(d) Is a trustee, officer, clerk, or other employee of any
other savings bank.
(3) Nor shall a person be a trustee of a savings bank
solely by reason of his holding public office. [1985 c 56 § 8;
1955 c 13 § 32.16.010. Prior: 1915 c 175 § 28; RRS § 3357.]
32.16.010
32.16.012 Age requirements. The bylaws of a savings
bank may prescribe a maximum age beyond which no person
shall be eligible for election to the board of trustees and may
prescribe a mandatory retirement age of seventy-five years or
less for trustees subject to the following limitations:
(1) No person shall be eligible for initial election as a
trustee after December 31, 1969, who is seventy years of age
or more; and
32.16.012
(2010 Ed.)
32.16.040
(2) No person shall continue to serve as a trustee after
December 31, 1973, who is seventy-five years of age or more
and the office of any such trustee shall become vacant on the
last day of the month in which the trustee reaches his seventyfifth birthday or December 31, 1973, whichever is the latest.
If a savings bank does not adopt a bylaw prescribing a
mandatory retirement age for trustees prior to January 1,
1970, or does not maintain thereafter a bylaw prescribing a
mandatory retirement age, the office of a trustee of such savings bank shall become vacant on the last day of the month in
which such trustee reaches his seventieth birthday or on
December 31, 1969, whichever is the latest. [1969 c 55 § 14.]
32.16.020 Oath of trustees—Declaration of incumbency—Not applicable to directors of stock savings
banks. (1) Each trustee, whether named in the certificate of
authorization or elected to fill a vacancy, shall, when such
certificate of authorization has been issued, or when notified
of such election, take an oath that he or she will, so far as it
devolves on him or her, diligently and honestly administer
the affairs of the savings bank, and will not knowingly violate, or willingly permit to be violated, any of the provisions
of law applicable to such savings bank. Such oath shall be
subscribed by the trustee making it and certified by the
officer before whom it is taken, and shall be immediately
transmitted to the director and filed and preserved in his or
her office.
(2) Prior to the first day of March in each year, every
trustee of every savings bank shall subscribe a declaration to
the effect that he or she is, at the date thereof, a trustee of the
savings bank, and that he or she has not resigned, become
ineligible, or in any other manner vacated his or her office as
such trustee. Such declaration shall be acknowledged in like
manner as a deed to be entitled to record and shall be transmitted to the director and filed in his or her office prior to the
tenth day of March in each year.
(3) This section does not apply to the directors of stock
savings banks. [1994 c 256 § 102; 1994 c 92 § 328; 1955 c
13 § 32.16.020. Prior: 1915 c 175 § 29; RRS § 3358.]
32.16.020
Reviser’s note: This section was amended by 1994 c 92 § 328 and by
1994 c 256 § 102, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.16.030 Vacancies, when to be filled. A vacancy in
the board of trustees shall be filled by the board as soon as
practicable, at a regular meeting thereof. [1955 c 13 §
32.16.030. Prior: 1915 c 175 § 36; RRS § 3365.]
32.16.030
32.16.040 Quorum—Meetings. A quorum at any regular or special or adjourned meeting of the board of trustees
shall consist of not less than five of whom the chief executive
officer shall be one, except when he or she is prevented from
attending by sickness or other unavoidable detention, when
he or she may be represented in forming a quorum by such
other officer as the board may designate; but less than a quorum shall have power to adjourn from time to time until the
next regular meeting. However, a savings bank may adopt
procedures which provide that, in the event of a national
emergency, any trustee may act on behalf of the board to con32.16.040
[Title 32 RCW—page 19]
32.16.050
Title 32 RCW: Mutual Savings Banks
tinue the operations of the savings bank. For purposes of this
subsection, a national emergency is an emergency declared
by the president of the United States or the person performing
the president’s functions, or a war, or natural disaster.
Regular meetings of the board of trustees shall be held as
established from time to time by the board, not less than six
times during each year. [1999 c 14 § 22; 1985 c 56 § 9; 1969
c 55 § 4; 1955 c 13 § 32.16.040. Prior: 1915 c 175 § 31; RRS
§ 3360.]
Additional notes found at www.leg.wa.gov
32.16.050 Compensation of trustees. (1) A trustee of
a savings bank shall not directly or indirectly receive any pay
or emolument for services as trustee, except as provided in
this section.
(2) A trustee may receive, by affirmative vote of a majority of all the trustees, reasonable compensation for (a) attendance at meetings of the board of trustees; (b) service as an
officer of the savings bank, provided his or her duties as
officer require and receive his or her regular and faithful
attendance at the savings bank; (c) service in appraising real
property for the savings bank; and (d) service as a member of
a committee of the board of trustees: PROVIDED, That a
trustee receiving compensation for service as an officer pursuant to (b) shall not receive any additional compensation for
service under (a), (c), or (d).
(3) An attorney for a savings bank, although he or she is
a trustee thereof, may receive a reasonable compensation for
his or her professional services, including examinations and
certificates of title to real property on which mortgage loans
are made by the savings bank; or if the bank requires the borrowers to pay all expenses of searches, examinations, and
certificates of title, including the drawing, perfecting, and
recording of papers, such attorney may collect of the borrower and retain for his or her own use the usual fees for such
services, excepting any commissions as broker or on account
of placing or accepting such mortgage loans.
(4) All incentive compensation, bonus, or supplemental
compensation plans for officers and employees of a savings
bank shall be approved by a majority of nonofficer trustees of
the savings bank or approved by a committee of not less than
three trustees, none of whom shall be officers of the savings
bank. No such plan shall permit any officer or employee of a
savings bank who has or exercises final authority with regard
to any loan or investment to receive any commission on such
loan or investment.
(5) If an officer or attorney of a savings bank receives, on
any loan made by the bank, any commission which he or she
is not authorized by this section to retain for his or her own
use, he or she shall immediately pay the same over to the savings bank. [1999 c 14 § 23; 1985 c 56 § 10; 1957 c 80 § 6;
1955 c 13 § 32.16.050. Prior: 1915 c 175 § 32; RRS § 3361.]
32.16.050
Additional notes found at www.leg.wa.gov
32.16.060 Change in number of trustees. The board
of trustees of every savings bank may, by resolution incorporated in its bylaws, increase or reduce the number of trustees
named in the original charter or certificate of authorization.
(1) The number may be increased to a number designated in the resolution not exceeding thirty: PROVIDED,
32.16.060
[Title 32 RCW—page 20]
That reasons therefor are shown to the satisfaction of the
director and his or her written consent thereto is first
obtained.
(2) The number may be reduced to a number designated
in the resolution but not less than nine. The reduction shall be
effected by omissions to fill vacancies occurring in the board.
[1994 c 92 § 329; 1955 c 13 § 32.16.060. Prior: 1915 c 175 §
33; RRS § 3362.]
32.16.070 Restrictions on trustees. (1) A trustee of a
savings bank shall not, except to the extent permitted for a
director of a federal mutual savings bank:
(a) Have any interest, direct or indirect, in the gains or
profits of the savings bank, except to receive dividends (i)
upon the amounts contributed by him or her to the guaranty
fund and the expense fund of the savings bank as provided in
RCW 32.08.090 and 32.08.100, and (ii) upon any deposit he
or she may have in the bank, the same as any other depositor
and under the same regulations and conditions.
(b) Become a member of the board of directors of a bank,
trust company, or national banking association of which
board enough other trustees of the savings bank are members
to constitute with him a majority of the board of trustees.
(2) Neither a trustee nor an officer of a savings bank
shall, except to the extent permitted for a director or officer of
a federal mutual savings bank:
(a) For himself or herself or as agent or partner of
another, directly or indirectly use any of the funds or deposits
held by the savings bank, except to make such current and
necessary payments as are authorized by the board of trustees.
(b) Receive directly or indirectly and retain for his or her
own use any commission on or benefit from any loan made
by the savings bank, or any pay or emolument for services
rendered to any borrower from the savings bank in connection with such loan, except as authorized by RCW 32.16.050.
(c) Become an indorser, surety, or guarantor, or in any
manner an obligor, for any loan made by the savings bank.
(d) For himself or herself or as agent or partner of
another, directly or indirectly borrow any of the funds or
deposits held by the savings bank, or become the owner of
real property upon which the savings bank holds a mortgage.
A loan to or a purchase by a corporation in which he or she is
a stockholder to the amount of fifteen percent of the total outstanding stock, or in which he or she and other trustees of the
savings bank hold stock to the amount of twenty-five percent
of the total outstanding stock, shall be deemed a loan to or a
purchase by such trustee within the meaning of this section,
except when the loan to or purchase by such corporation
occurred without his or her knowledge or against his or her
protest. A deposit in a bank shall not be deemed a loan within
the meaning of this section. [1994 c 256 § 103; 1955 c 13 §
32.16.070. Prior: 1925 ex.s. c 86 § 12; 1915 c 175 § 34; RRS
§ 3363.]
32.16.070
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.16.080 Removal of trustees—Vacancies—Eligibility to reelection. (1) Whenever, in the judgment of threefourths of the trustees, the conduct and habits of a trustee of
any savings bank are of such character as to be injurious to
32.16.080
(2010 Ed.)
Officers and Employees
such bank, or he or she has been guilty of acts that are detrimental or hostile to the interests of the bank, he or she may be
removed from office, at any regular meeting of the trustees,
by the affirmative vote of three-fourths of the total number
thereof: PROVIDED, That a written copy of the charges
made against him or her has been served upon him or her personally at least two weeks before such meeting, that the vote
of such trustees by ayes and noes is entered in the record of
the minutes of such meeting, and that such removal receives
the written approval of the director which shall be attached to
the minutes of such meeting and form a part of the record.
(2) The office of a trustee of a savings bank shall immediately become vacant whenever he or she:
(a) Fails to comply with any of the provisions of RCW
32.16.020 relating to his or her official oath and declaration;
(b) Becomes disqualified for any of the reasons specified
in RCW 32.16.010(2);
(c) Has failed to attend the regular meetings of the board
of trustees, or to perform any of his or her duties as trustee,
for a period of six successive months, unless excused by the
board for such failure;
(d) Violates any of the provisions of RCW 32.16.070
imposing restrictions upon trustees and officers, except subsection (2)(c) thereof.
(3) A trustee who has forfeited or vacated his or her
office shall not be eligible to reelection, except when the forfeiture or vacancy occurred solely by reason of his or her:
(a) Failure to comply with the provisions of RCW
32.16.020, relating to his or her official oath and declaration;
or
(b) Neglect of his or her official duties as prescribed in
subsection (2)(c) of this section; or
(c) Disqualification through becoming a nonresident, or
becoming a trustee, officer, clerk or other employee of
another savings bank, or becoming a director of a bank, trust
company, or national banking association under the circumstances specified in RCW 32.16.070(1)(b) and such disqualification has been removed. [1994 c 92 § 330; 1955 c 13 §
32.16.080. Prior: 1915 c 175 § 35; RRS § 3364.]
32.16.093
(2) The director may issue and serve a board director,
officer, or employee of a holding company of a savings bank
with written notice of intent to remove the person from office
or employment or to prohibit the person from participating in
the conduct of the affairs of the holding company, its subsidiary bank, or any other depository institution, trust company,
bank holding company, thrift holding company, or financial
holding company doing business in this state whenever, in
the opinion of the director:
(a) Reasonable cause exists to believe the person has
committed a material violation of law, an unsafe and unsound
practice, or a violation or practice involving a breach of fiduciary duty, personal dishonesty, recklessness, or incompetence; and
(b) The subsidiary savings bank has suffered or is likely
to suffer substantial financial loss or other damage; or
(c) The interests of depositors or trust beneficiaries of the
subsidiary savings bank could be seriously prejudiced by reason of the violation or practice. [2010 c 88 § 51; 1994 c 92 §
331; 1979 c 46 § 7; 1955 c 13 § 32.16.090. Prior: 1931 c 132
§ 2; RRS § 3364a.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
32.16.0901 Written notice of charges under RCW
32.16.090. The director may serve written notice of charges
under RCW 32.16.090 to suspend a person from further participation in any manner in the conduct of the affairs of a savings bank or holding company, if the director determines that
such an action is necessary for the protection of the savings
bank or holding company, or the interests of the depositors.
Any suspension notice issued by the director is effective
upon service, and unless the superior court of the county of its
principal place of business issues a stay of the order, remains
in effect and enforceable until:
(1) The director dismisses the charges contained in the
notice served to the person; or
(2) The effective date of a final order for removal of the
person under RCW 32.16.093. [2010 c 88 § 52.]
32.16.0901
Effective date—2010 c 88: See RCW 32.50.900.
32.16.090 Removal of a board director, officer, or
employee—Prohibition from participation in conduct of
affairs—Grounds—Notice. The director may issue and
serve a board director, officer, or employee of a savings bank
with written notice of intent to remove the person from office
or employment or to prohibit the person from participating in
the conduct of the affairs of the savings bank or any other
depository institution, trust company, bank holding company,
thrift holding company, or financial holding company doing
business in this state whenever, in the opinion of the director:
(1)(a) Reasonable cause exists to believe the person has
committed a material violation of law, an unsafe and unsound
practice, or a violation or practice involving a breach of fiduciary duty, personal dishonesty, recklessness, or incompetence; and
(b) The bank, trust company, or holding company has
suffered or is likely to suffer substantial financial loss or
other damage; or
(c) The interests of depositors or trust beneficiaries could
be seriously prejudiced by reason of the violation or practice.
32.16.090
(2010 Ed.)
32.16.093 Notice of intention to remove or prohibit
participation in conduct of affairs—Hearing—Order of
removal and/or prohibition. (1) A notice of an intention to
remove a board trustee or director, officer, or employee from
office or to prohibit his or her participation in the conduct of
the affairs of a savings bank or holding company shall contain a statement of the facts which constitute grounds therefor
and shall fix a time and place at which a hearing will be held.
The hearing shall be set not earlier than ten days or later than
thirty days after the date of service of the notice unless an earlier or later date is set by the director at the request of the
board trustee or director, officer, or employee for good cause
shown or at the request of the attorney general of the state.
(2) Unless the board trustee or director, officer, or
employee appears at the hearing personally or by a duly
authorized representative, the person shall be deemed to have
consented to the issuance of an order of removal or prohibition or both. In the event of such consent or if upon the
record made at the hearing the director finds that any of the
32.16.093
[Title 32 RCW—page 21]
32.16.095
Title 32 RCW: Mutual Savings Banks
grounds specified in the notice have been established, the
director may issue such orders of removal from office or prohibition from participation in the conduct of the affairs of the
savings bank or holding company as the director may consider appropriate.
(3) Any order under this section shall become effective
at the expiration of ten days after service upon the savings
bank or holding company and the trustee, director, officer, or
employee concerned except that an order issued upon consent
shall become effective at the time specified in the order.
An order shall remain effective except to the extent it is
stayed, modified, terminated, or set aside by the director or a
reviewing court. [2010 c 88 § 53; 1994 c 92 § 332; 1979 c 46
§ 8.]
Effective date—2010 c 88: See RCW 32.50.900.
Administrative hearings, procedure, orders, and judicial review: RCW
32.04.290.
Jurisdiction of courts as to orders to remove trustee, officer, or employee:
RCW 32.04.300.
32.16.100
32.16.100 Examination by trustees’ committee—
Report. The trustees of every savings bank, by a committee
of not less than three of their number, shall at least annually
fully examine the records and affairs of such savings bank for
the purpose of determining its financial condition. The trustees may employ such assistants as they deem necessary in
making the examination. A report of each such examination
shall be presented to the board of trustees at a regular meeting
within thirty days after the completion of the same, and shall
be filed in the records of the savings bank. [1994 c 256 § 104;
1955 c 13 § 32.16.100. Prior: 1941 c 15 § 5; 1915 c 175 § 38;
Rem. Supp. 1941 § 3367.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.16.110
32.16.110 Officers. The board of trustees shall elect
from their number, or otherwise, a president and two vice
presidents and such other officers as they may deem fit.
[1955 c 13 § 32.16.110. Prior: 1915 c 175 § 30; RRS § 3359.]
Additional notes found at www.leg.wa.gov
32.16.120
32.16.095
32.16.095 Removal of one or more trustees or directors—Lack of quorum—Temporary trustees. If at any
time because of the removal of one or more trustees or directors under this chapter there shall be on the board of trustees
or board of directors of a savings bank less than a quorum of
trustees or directors, all powers and functions vested in, or
exercisable by the board shall vest in, and be exercisable by
the trustee or trustees or director or directors remaining, until
such time as there is a quorum on the board of trustees or
board of directors. If all of the trustees or directors of a savings bank are removed under this chapter, the director shall
appoint persons to serve temporarily as trustees or directors
until such time as their respective successors take office.
[2010 c 88 § 54; 1994 c 92 § 333; 1979 c 46 § 9.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
32.16.097
32.16.097 Penalty for violation of order issued under
RCW 32.16.093. Any present or former trustee, board director, officer, or employee of a savings bank or holding company or any other person against whom there is outstanding
an effective final order issued under RCW 32.16.093, which
order has been served upon the person, and who, in violation
of the order, (1) participates in any manner in the conduct of
the affairs of the savings bank or holding company involved;
or (2) directly or indirectly solicits or procures, transfers or
attempts to transfer, or votes or attempts to vote any proxies,
consents, or authorizations with respect to any voting rights
in the savings bank or holding company; or (3) without the
prior approval of the director, votes for a board trustee or
director or serves or acts as a trustee, director, officer,
employee, or agent of any savings bank or holding company,
shall be guilty of a gross misdemeanor, and, upon conviction,
shall be punishable as prescribed under chapter 9A.20 RCW.
[2010 c 88 § 55; 1994 c 92 § 334; 1979 c 46 § 10.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
[Title 32 RCW—page 22]
32.16.120 Fidelity bonds. The trustees of every savings bank shall have power to require from the officers,
clerks, and agents thereof such security for their fidelity and
the faithful performance of their duties as the trustees deem
necessary. Such security may be accepted from any company
authorized to furnish fidelity bonds and doing business under
the laws of this state, and the premiums therefor may be paid
as a necessary expense of the savings bank. [1955 c 13 §
32.16.120. Prior: 1915 c 175 § 37; RRS § 3366.]
32.16.130
32.16.130 Conversion of savings and loan association
to mutual savings bank—Director may serve as trustee.
In the event a savings and loan association is converted to a
mutual savings bank, any person, who at the time of such
conversion was a director of the savings and loan association,
may serve as a trustee of the mutual savings bank until he
reaches the age of seventy-five years or until one year following the date of conversion of such savings and loan association, whichever is later. The bylaws of any mutual savings
bank may modify this provision by requiring earlier retirement of any trustee affected hereby. [1971 ex.s. c 222 § 2.]
Additional notes found at www.leg.wa.gov
32.16.140
32.16.140 Violations—Trustees’ or directors’ liability. If the trustees or directors of any savings bank or holding
company shall knowingly violate, or knowingly permit any
of the officers, agents, or employees of the savings bank or
holding company to violate any of the provisions of this title
or any lawful regulation or directive of the director, and if the
trustees or directors are aware that such facts and circumstances constitute such violations, then each trustee or director who participated in or assented to the violation is personally and individually liable for all damages which the state or
any insurer of the deposits of the savings bank sustains due to
the violation. [2010 c 88 § 56; 1994 c 92 § 335; 1989 c 180
§ 9.]
Effective date—2010 c 88: See RCW 32.50.900.
(2010 Ed.)
Investments
Chapter 32.20
Chapter 32.20 RCW
INVESTMENTS
Sections
32.20.010
32.20.020
32.20.030
32.20.035
32.20.040
32.20.045
32.20.047
32.20.050
32.20.060
32.20.070
32.20.080
32.20.090
32.20.100
32.20.110
32.20.120
32.20.130
32.20.210
32.20.215
32.20.217
32.20.219
32.20.220
32.20.230
32.20.240
32.20.253
32.20.265
32.20.280
32.20.285
32.20.300
32.20.310
32.20.320
32.20.330
32.20.335
32.20.340
32.20.350
32.20.370
32.20.380
32.20.390
32.20.400
32.20.410
32.20.415
32.20.430
32.20.440
32.20.445
32.20.450
32.20.460
32.20.470
32.20.480
32.20.500
Definitions.
Power to invest funds—Restrictions.
Bonds or obligations of United States and Canada.
Investment trusts or companies.
Federally insured or secured loans, securities, etc.
Obligations of corporations created as federal agency or
instrumentality.
Stock of small business investment companies regulated by
United States.
Bonds of state of Washington and its agencies.
Bonds of other states.
Bonds and warrants of counties, municipalities, etc., of Washington.
Municipal bonds in adjoining state.
Housing and industrial development bonds and municipal
obligations in any state.
Revenue bonds of certain cities in any state.
District bonds secured by taxing power.
Local improvement district bonds.
Bonds of irrigation, diking, drainage districts.
Obligations of International Bank for Reconstruction and
Development.
Obligations issued or guaranteed by Inter-American Development Bank.
Obligations of Asian Development Bank.
Obligations issued or guaranteed by African Development
Bank or other multilateral development bank.
Bankers’ acceptances, bills of exchange, and commercial
paper.
Notes secured by investments.
Notes secured by pledge or assignment of account.
Loans secured by real estate, mobile homes, movable buildings.
Valuation of property to be mortgaged—Appraiser’s opinion.
Investments in real estate.
Investments through purchase of real estate—Improvements.
Home loan bank as depositary.
Deposit of securities.
Investment of funds.
Investments—Loans, preferred stock, or interest-bearing obligations—Restrictions.
Investments—Qualified thrift investments.
Stock or bonds of federal home loan bank.
Stock of federal reserve bank or Federal Deposit Insurance
Corporation.
Corporate bonds and other interest-bearing or discounted obligations.
Stocks, securities, of corporations not otherwise eligible for
investment.
Obligations of corporations or associations federally authorized to insure or market real estate mortgages—Loans, etc.,
eligible for insurance.
Loans for home or property repairs, alterations, appliances,
improvements, additions, furnishings, underground utilities,
education or nonbusiness family purposes.
Limitation of total investment in certain obligations.
Limitation on certain secured and unsecured loans.
Loans to banks or trust companies.
Purchase of United States securities from banks or trust companies.
Stock, other securities, and obligations of federally insured
institutions.
Low-cost housing—Legislative finding.
Low-cost housing—Factory built housing—Mobile homes.
Improvement of private land for public parks and recreation
areas.
Loans or investments to provide adequate housing and environmental improvements—Criteria—Restrictions.
Construction—1973 1st ex.s. c 31.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
32.20.010 Definitions. The words "mutual savings
bank" and "savings bank," whenever used in this chapter,
shall mean a mutual savings bank organized and existing
under the laws of the state of Washington.
32.20.010
(2010 Ed.)
32.20.040
The words "its funds," whenever used in this chapter,
shall mean and include moneys deposited with or borrowed
by a mutual savings bank, sums credited to the guaranty fund
of a mutual savings bank, and the income derived from such
deposits or fund, or both, and the principal balance of any
outstanding capital notes, and capital debentures. [1999 c 14
§ 24; 1977 ex.s. c 241 § 2; 1955 c 13 § 32.20.010. Prior: 1929
c 74 § 1; RRS § 3381-1.]
Additional notes found at www.leg.wa.gov
32.20.020 Power to invest funds—Restrictions. A
mutual savings bank shall have the power to invest its funds
in the manner set forth in chapter 32.08 RCW and in this
chapter and not otherwise. [1999 c 14 § 25; 1955 c 13 §
32.20.020. Prior: 1929 c 74 § 2; RRS § 3381-2.]
32.20.020
Additional notes found at www.leg.wa.gov
32.20.030 Bonds or obligations of United States and
Canada. A mutual savings bank may invest its funds in the
bonds or obligations of the United States or the Dominion of
Canada or those for which the faith of the United States or the
Dominion of Canada is pledged to provide for the payment of
the interest and principal, including bonds of the District of
Columbia: PROVIDED, That in the case of bonds of the
Dominion or those for which its faith is pledged the interest
and principal is payable in the United States or with exchange
to a city in the United States and in lawful money of the
United States or its equivalent. [1955 c 13 § 32.20.030. Prior:
1937 c 95 § 1; 1929 c 74 § 3; 1925 ex.s. c 86 § 2; 1921 c 156
§§ 11, 11a; RRS § 3381-3.]
32.20.030
32.20.035 Investment trusts or companies. Except as
may be limited by the director by rule, a mutual savings bank
may invest its funds in obligations of the United States, as
authorized by RCW 32.20.030, either directly or in the form
of securities of, or other interests in, an open-end or closedend management type investment company or investment
trust registered under the federal investment company act of
1940, as now or hereafter amended, if both of the following
conditions are met:
(1) The portfolio of the investment company or investment trust is limited to obligations of the United States and to
repurchase agreements fully collateralized by such obligations; and
(2) The investment company or investment trust takes
delivery of the collateral for any repurchase agreement either
directly or through an authorized custodian. [1994 c 92 §
336; 1989 c 97 § 2.]
32.20.035
32.20.040 Federally insured or secured loans, securities, etc. A mutual savings bank may invest its funds:
(1) In such loans and advances of credit and purchases of
obligations representing loans and advances of credit as are
eligible for insurance by the Federal Housing Administrator,
and may obtain such insurance.
(2) In such loans secured by mortgage on real property as
the Federal Housing Administrator insures or makes a commitment to insure, and may obtain such insurance.
(3) In such other loans or contracts or advances of credit
as are insured or guaranteed or which are covered by a repur32.20.040
[Title 32 RCW—page 23]
32.20.045
Title 32 RCW: Mutual Savings Banks
chase agreement in whole or in part by the United States or
through any corporation, administrator, agency or instrumentality which is or hereafter may be created by the United
States, and may obtain such insurance or guarantee.
(4) In capital stock, notes, bonds, debentures, or other
such obligations of any national mortgage association.
(5) In such loans as are secured by contracts of the
United States or any agency or department thereof assigned
under the "Assignment of Claims Act of 1940," approved
October 9, 1940, and acts amendatory thereof or supplementary thereto, and may participate with others in such loans.
(6) In notes or bonds secured by mortgages issued under
sections 500 to 505, inclusive, of Title III of the Servicemen’s
Readjustment Act of 1944 (Public Law 346, 78th congress),
and any amendments thereto, and the regulations, orders or
rulings promulgated thereunder.
No law of this state prescribing the nature, amount, or
form of security or requiring security or prescribing or limiting interest rates or prescribing or limiting the term, shall be
deemed to apply to loans, contracts, advances of credit or
purchases made pursuant to the foregoing subdivisions (1),
(2), (3), (4), (5), and (6). [1963 c 176 § 5; 1955 c 13 §
32.20.040. Prior: 1945 c 228 § 1; 1941 c 15 § 6; 1939 c 33 §
1; 1935 c 10 § 1; 1929 c 74 § 3a; Rem. Supp. 1945 § 33813a.]
32.20.045
32.20.045 Obligations of corporations created as federal agency or instrumentality. A mutual savings bank
may invest its funds in capital stock, notes, bonds, debentures, or other such obligations of any corporation which is or
hereafter may be created by the United States as a governmental agency or instrumentality: PROVIDED, That the
total amount a mutual savings bank may invest pursuant to
this section shall not exceed fifteen percent of the funds of
such savings bank: PROVIDED FURTHER, That the
amounts heretofore or hereafter invested by a mutual savings
bank pursuant to any law of this state other than this section,
even if such investment might also be authorized under this
section, shall not be limited by the provisions of this section
and amounts so invested pursuant to any such other law of
this state shall not be included in computing the maximum
amount which may be invested pursuant to this section.
[1967 c 145 § 4; 1957 c 80 § 10.]
32.20.047
32.20.047 Stock of small business investment companies regulated by United States. A savings bank may purchase and hold for its own investment account stock in small
business investment companies licensed and regulated by the
United States, as authorized by the Small Business Act, Public Law 85-536, 72 Statutes at Large 384, in an amount not to
exceed one percent of the guaranty fund of such mutual savings bank. [1959 c 185 § 2.]
32.20.050
32.20.050 Bonds of state of Washington and its agencies. A mutual savings bank may invest its funds in the bonds
or interest bearing obligations of this state, or any agency
thereof, issued pursuant to the authority of any law of this
state, whether such bonds or interest bearing obligations are
general or limited obligations of the state or such agency.
[Title 32 RCW—page 24]
[1955 c 13 § 32.20.050. Prior: 1953 c 238 § 4; 1929 c 74 § 9;
1921 c 156 § 11b; RRS § 3381-4.]
32.20.060 Bonds of other states. A mutual savings
bank may invest its funds in the bonds or obligations of any
other state of the United States upon which there is no
default. [1955 c 13 § 32.20.060. Prior: 1937 c 95 § 2; 1929
c 74 § 5; 1921 c 156 § 11c; RRS § 3381-5.]
32.20.060
32.20.070 Bonds and warrants of counties, municipalities, etc., of Washington. A mutual savings bank may
invest its funds in the valid warrants or bonds of any county,
city, town, school district, port district, water-sewer district,
or other municipal corporation in the state of Washington
issued pursuant to law and for the payment of which the faith
and credit of such county, municipality, or district is pledged
and taxes are leviable upon all taxable property within its limits.
A mutual savings bank may invest its funds in the water
revenue, sewer revenue, or electric revenue bonds of any city
or public utility district of this state for the payment of which
the entire revenue of the city’s or district’s water system,
sewer system, or electric system, less maintenance and operating costs, is irrevocably pledged. [1999 c 153 § 26; 1955 c
13 § 32.20.070. Prior: 1941 c 15 § 7; 1937 c 95 § 3; 1929 c
74 § 6; 1925 ex.s. c 86 § 3; 1921 c 156 § 11d; Rem. Supp.
1941 § 3381-6.]
32.20.070
Additional notes found at www.leg.wa.gov
32.20.080 Municipal bonds in adjoining state. A
mutual savings bank may invest its funds in the valid bonds
of any incorporated city having a population in excess of
three thousand inhabitants as shown by the last decennial federal census or of any county or school district situated in one
of the states of the United States which adjoins the state of
Washington: PROVIDED, That the indebtedness of such
city or school district, together with the indebtedness of any
other district or other municipal corporation or subdivision
(except a county) which is wholly or in part included within
the boundaries or limits of the city or school district, less its
water debt and sinking fund, does not exceed twelve percent,
or the indebtedness of the county less its sinking fund does
not exceed seven percent, of the valuation thereof for the purposes of taxation. [1955 c 13 § 32.20.080. Prior: 1937 c 95
§ 4; 1929 c 74 § 7; 1925 ex.s. c 86 § 4; 1921 c 156 § 11e; RRS
§ 3381-7.]
32.20.080
32.20.090 Housing and industrial development bonds
and municipal obligations in any state. A mutual savings
bank may invest in housing or industrial development bonds
or municipal obligations issued by a state, county, parish,
borough, city, or district situated in the United States, or by
any instrumentality thereof, provided such bonds or obligations at the time of purchase are prudent investments. [1985
c 56 § 11; 1955 c 13 § 32.20.090. Prior: 1937 c 95 § 5; 1929
c 74 § 8; 1921 c 156 § 11f; RRS § 3381-8.]
32.20.090
32.20.100 Revenue bonds of certain cities in any
state. A mutual savings bank may invest its funds in the
water revenue or electric revenue bonds of any incorporated
32.20.100
(2010 Ed.)
Investments
city situated in the United States: PROVIDED, That the city
has a population as shown by the last decennial federal census of at least forty-five thousand inhabitants, and the entire
revenue of the city’s water or electric system less maintenance and operating costs is irrevocably pledged to the payment of the interest and principal of the bonds. [1955 c 13 §
32.20.100. Prior: 1941 c 15 § 8; 1937 c 95 § 6; Rem. Supp.
1941 § 3381-8a.]
32.20.110 District bonds secured by taxing power. A
mutual savings bank may invest its funds in the bonds of any
port district, sanitary district, water-sewer district, tunnel district, bridge district, flood control district, park district, or
highway district in the United States which has a population
as shown by the last decennial federal census of not less than
one hundred fifty thousand inhabitants, and has taxable real
property with an assessed valuation in excess of two hundred
million dollars and has power to levy taxes on the taxable real
property therein for the payment of the bonds without limitation of rate or amount. [1999 c 153 § 27; 1955 c 13 §
32.20.110. Prior: 1937 c 95 § 7; RRS § 3381-8b.]
32.20.110
Additional notes found at www.leg.wa.gov
32.20.120 Local improvement district bonds. A
mutual savings bank may invest not to exceed fifteen percent
of its funds in the bonds or warrants of any local improvement district of any city or town of this state (except bonds or
warrants issued for an improvement consisting of grading
only), unless the total indebtedness of the district after the
completion of the improvement for which the bonds or warrants are issued, plus the amount of all other assessments of a
local or special nature against the land assessed or liable to be
assessed to pay the bonds, exceed fifty percent of the value of
the benefited property, exclusive of improvements, at the
time the bonds or warrants are purchased or taken by the
bank, according to the actual valuation last placed upon the
property for general taxation.
Before any such bonds or warrants are purchased or
taken as security the condition of the district’s affairs shall be
ascertained and the property of the district examined by at
least two members of the board of investment who shall
report in writing their findings and recommendations; and no
bonds or warrants shall be taken unless such report is favorable, nor unless the executive committee of the board of trustees after careful investigation is satisfied of the validity of the
bonds or warrants and of the validity and sufficiency of the
assessment or other means provided for payment thereof:
PROVIDED, That, excepting bonds issued by local improvement districts in cities of the first or second class, for
improvements ordered after June 7, 1927, no local improvement district bonds falling within the twenty-five percent in
amount of any issue last callable for payment, shall be
acquired or taken as security. [1955 c 13 § 32.20.120. Prior:
1953 c 238 § 5; 1929 c 74 § 9; 1921 c 156 § 11h; RRS § 33819.]
32.20.120
32.20.130 Bonds of irrigation, diking, drainage districts. A mutual savings bank may invest not to exceed five
percent of its funds in the bonds of any irrigation, diking,
drainage, diking improvement, or drainage improvement dis32.20.130
(2010 Ed.)
32.20.220
trict of this state, unless the total indebtedness of the district
after the completion of the improvement for which the bonds
are issued, plus the amount of all other assessments of a local
or special nature against the land assessed or liable to be
assessed to pay the bonds, exceeds forty percent of the value
of the benefited property, exclusive of improvements, at the
time the bonds are purchased or taken by the bank, according
to the actual valuation last placed upon the property for general taxation.
Before any such bonds are purchased or taken as security
the condition of the district’s affairs shall be ascertained and
the property of the district examined by at least two members
of the board of investment of the mutual savings bank, who
shall report in writing their findings and recommendations;
and no bonds shall be taken unless such report is favorable,
nor unless the executive committee of the board of trustees
after careful investigation is satisfied of the validity of the
bonds and of the sufficiency of the assessment or other means
provided for payment thereof: PROVIDED, That no mutual
savings bank shall invest a sum greater than three percent of
its funds, or, in any event, more than three hundred thousand
dollars, in the bonds of any one district described in this section. [1955 c 13 § 32.20.130. Prior: 1929 c 74 § 10; 1921 c
156 § 11h; RRS § 3381-10.]
32.20.210 Obligations of International Bank for
Reconstruction and Development. A mutual savings bank
may invest not to exceed five percent of its funds in interest
bearing obligations of the International Bank for Reconstruction and Development. [1955 c 13 § 32.20.210. Prior: 1949
c 119 § 3; Rem. Supp. 1949 § 3381-16b.]
32.20.210
32.20.215 Obligations issued or guaranteed by
Inter-American Development Bank. A mutual savings
bank may invest not to exceed five percent of its funds in
obligations issued or guaranteed by the Inter-American
Development Bank. [1963 c 176 § 14.]
32.20.215
32.20.217 Obligations of Asian Development Bank.
A mutual savings bank may invest not to exceed five percent
of its funds in obligations issued or guaranteed by the Asian
Development Bank. [1971 ex.s. c 222 § 7.]
32.20.217
Additional notes found at www.leg.wa.gov
32.20.219 Obligations issued or guaranteed by African Development Bank or other multilateral development
bank. A mutual savings bank may invest not to exceed five
percent of its funds in obligations issued or guaranteed by the
African Development Bank or in obligations issued or guaranteed by any multilateral development bank in which the
United States government formally participates. [1985 c 301
§ 1.]
32.20.219
32.20.220 Bankers’ acceptances, bills of exchange,
and commercial paper. A mutual savings bank may invest
not to exceed twenty percent of its funds in the following:
(1) Bankers’ acceptances, and bills of exchange made
eligible by law for rediscount with federal reserve banks, provided the same are accepted by a bank or trust company
which is a member of the federal reserve system and which
32.20.220
[Title 32 RCW—page 25]
32.20.230
Title 32 RCW: Mutual Savings Banks
has a capital and surplus of not less than two million dollars,
or commercial paper which is a prudent investment.
(2) Bills of exchange drawn by the seller on the purchaser of goods and accepted by such purchaser, of the kind
made eligible by law for rediscount with federal reserve
banks, provided the same are indorsed by a bank or trust company which is a member of the federal reserve system and
which has a capital and surplus of not less than two million
dollars.
The aggregate amount of the liability of any bank or trust
company to any mutual savings bank, whether as principal or
indorser, for acceptances held by such savings bank and
deposits made with it, shall not exceed twenty-five percent of
the paid up capital and surplus of such bank or trust company,
and not more than five percent of the funds of any mutual
savings bank shall be invested in the acceptances of or deposited with a bank or trust company of which a trustee of such
mutual savings bank is a director. [1985 c 56 § 12; 1955 c 13
§ 32.20.220. Prior: 1929 c 74 § 17; RRS § 3381-17.]
32.20.230 Notes secured by investments. A mutual
savings bank may invest its funds in promissory notes payable to the order of the savings bank, secured by the pledge or
assignment of investments lawfully purchasable by a savings
bank. No such loan shall exceed ninety percent of the cash
market value of such investments so pledged. Should any of
the investments so held in pledge depreciate in value after the
making of such loan, the savings bank shall require an immediate payment of such loan, or of a part thereof, or additional
security therefor, so that the amount loaned thereon shall at
no time exceed ninety percent of the market value of the
investments so pledged for such loan. [1969 c 55 § 5; 1963 c
176 § 6; 1955 c 13 § 32.20.230. Prior: 1945 c 228 § 2; 1929
c 74 § 18; Rem. Supp. 1945 § 3381-18.]
32.20.230
Interest and usury in general: Chapter 19.52 RCW.
32.20.240 Notes secured by pledge or assignment of
account. A mutual savings bank may invest its funds in
promissory notes made payable to the order of the savings
bank, secured by the pledge or assignment of the account of
the mutual savings bank as collateral security for the payment
thereof. No such loan shall exceed the balance due the holder
of such account. [1967 c 145 § 5; 1955 c 13 § 32.20.240.
Prior: 1945 c 228 § 3; 1929 c 74 § 19; 1921 c 156 § 11m;
Rem. Supp. 1945 § 3381-19.]
32.20.240
Interest and usury in general: Chapter 19.52 RCW.
32.20.253 Loans secured by real estate, mobile
homes, movable buildings. A mutual savings bank may
invest its funds in loans secured by real estate or on the security of mobile homes or other movable buildings or any interest or estate in any of the foregoing. Such loans may be on
such terms and conditions and subject to such limitations and
restrictions as the board of trustees shall from time to time
establish. [1981 c 86 § 14.]
32.20.253
investment of a mutual savings bank certifying according to
their best judgment the value of any property to be mortgaged
such value may be determined upon the signed opinion in
writing of an appraiser appointed by the board of trustees of
such bank. [1957 c 80 § 9.]
32.20.280 Investments in real estate. A mutual savings bank may invest its funds in real estate as follows:
(1) A tract of land whereon there is or may be erected a
building or buildings suitable for the convenient transaction
of the business of the savings bank, from portions of which
not required for its own use revenue may be derived: PROVIDED, That the cost of the land and building or buildings
for the transaction of the business of the savings bank shall in
no case exceed fifty percent of the guaranty fund, undivided
profits, reserves, and subordinated securities of the savings
bank, except with the approval of the director; and before the
purchase of such property is made, or the erection of a building or buildings is commenced, the estimate of the cost
thereof, and the cost of the completion of the building or
buildings, shall be submitted to and approved by the director.
"The cost of the land and building or buildings" means the
amounts paid or expended therefor less the reasonable depreciation thereof taken by the bank against such improvements
during the time they were held by the bank.
(2) Such lands as shall be conveyed to the savings bank
in satisfaction of debts previously contracted in the course of
its business.
(3) Such lands as the savings bank shall purchase at sales
under judgments, decrees, or mortgages held by it.
All real estate purchased by any such savings bank, or
taken by it in satisfaction of debts due it, under this section,
shall be conveyed to it directly by name, or in the name of a
corporation all of the stock of which is owned by the bank, or
in such other manner as the bank shall determine to be in the
best interest of the bank, and the conveyance shall be immediately recorded in the office of the proper recording officer
of the county in which such real estate is situated.
(4) Every parcel of real estate purchased or acquired by a
savings bank under subsections (2) and (3) of this section,
shall be sold by it within five years from the date on which it
was purchased or acquired, or in case it was acquired subject
to a right of redemption, within five years from the date on
which the right of redemption expires, unless:
(a) There is a building thereon occupied by the savings
bank and its offices,
(b) The director, on application of the board of trustees
of the savings bank, extends the time within which such sale
shall be made, or
(c) The property is held by the bank as an investment
under the provisions of RCW 32.20.285, as now or hereafter
amended. [1994 c 92 § 337; 1981 c 86 § 4; 1973 1st ex.s. c
31 § 6; 1969 c 55 § 7; 1955 c 13 § 32.20.280. Prior: 1929 c
74 § 22; 1921 c 156 § 110; 1915 c 175 § 12; RRS § 3381-22.]
32.20.280
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
32.20.285 Investments through purchase of real
estate—Improvements. Subject to such requirements,
restrictions, or other conditions as the director may adopt by
rule, order, directive, standard, policy, memorandum[,] or
32.20.285
32.20.265 Valuation of property to be mortgaged—
Appraiser’s opinion. When, under any provision of this
title, a written report is required of members of the board of
32.20.265
[Title 32 RCW—page 26]
(2010 Ed.)
Investments
other communication with regard to the investment, a savings
bank may invest its funds in such real estate, improved or
unimproved, and its fixtures and equipment, as the savings
bank shall purchase either alone or with others or through
ownership of interests in entities holding such real estate.
The savings bank may improve property which it owns, and
rent, lease, sell, and otherwise deal in such property, the same
as any other owner thereof. The total amount a savings bank
may invest pursuant to this section shall not exceed twenty
percent of its funds. No officer or board trustee or director of
the savings bank shall own or hold any interest in any property in which the savings bank owns an interest, and in the
event the bank owns an interest in property hereunder with or
as a part of another entity, no officer or board trustee or director of the savings bank shall own more than two and one-half
percent of the equity or stock of any entity involved, and all
of the officers and board trustees or directors of the savings
bank shall not own more than five percent of the equity or
stock of any entity involved. [2010 c 88 § 57; 1981 c 86 § 5;
1969 c 55 § 15.]
Effective date—2010 c 88: See RCW 32.50.900.
Additional notes found at www.leg.wa.gov
32.20.300 Home loan bank as depositary. See RCW
30.32.040.
32.20.300
32.20.310 Deposit of securities. A savings bank may
deposit securities owned by it, for safekeeping, with any duly
designated depositary for the bank’s funds. The written statement of the depositary that it holds for safekeeping specified
securities of a savings bank may be taken as evidence of the
facts therein shown by any public officer or any officer of the
bank or committee of its trustees whose duty it is to examine
the affairs and assets of the bank. [1955 c 13 § 32.20.310.
Prior: 1929 c 74 § 24; 1927 c 184 § 4; RRS § 3381-24.]
32.20.310
32.20.320 Investment of funds. The trustees of every
savings bank shall as soon as practicable invest the moneys
deposited with it in the securities prescribed in this title.
The purchase by a savings bank of a negotiable certificate of deposit or similar security issued by a bank need not
be considered a deposit if the certificate or security is eligible
for investment by a savings bank under any other provision of
this title. [1969 c 55 § 8; 1955 c 13 § 32.20.320. Prior: 1929
c 74 § 25; 1925 ex.s. c 86 § 11; 1915 c 175 § 20; RRS § 338125.]
32.20.320
32.20.380
thereof, or the District of Columbia, or the Dominion of Canada, or any province thereof, subject to the following conditions:
(1) Not more than two percent of the bank’s funds shall
be invested, pursuant to this section, in the aggregate of loans
to and preferred stock and obligations of any person, as
defined in *RCW 32.32.228(1)(c), and such person’s affiliates, as defined in RCW 32.32.025(1), incorporating the definition of control in RCW 32.32.025(8).
(2) Such loans or securities shall be prudent investments.
(3) Pursuant to this section, the total amount a savings
bank may invest shall not exceed fifty percent of its funds,
and not more than fifteen percent of the bank’s funds may be
invested in such loans to or securities of any industry. [1999
c 14 § 26; 1985 c 56 § 13; 1973 1st ex.s. c 31 § 7; 1971 ex.s.
c 222 § 6; 1955 c 80 § 6.]
*Reviser’s note: RCW 32.32.228 was amended by 2005 c 348 § 5,
changing subsection (1)(c) to subsection (1)(d).
Additional notes found at www.leg.wa.gov
32.20.335 Investments—Qualified thrift investments. A mutual savings bank may invest in loans or securities that are qualified thrift investments for a savings association subject to the limits specified in 12 U.S.C. Sec.
1467a(m). [1999 c 14 § 27.]
32.20.335
Additional notes found at www.leg.wa.gov
32.20.340 Stock or bonds of federal home loan bank.
See RCW 30.32.020.
32.20.340
32.20.350 Stock of federal reserve bank or Federal
Deposit Insurance Corporation. See RCW 30.32.010.
32.20.350
32.20.370 Corporate bonds and other interest-bearing or discounted obligations. A mutual savings bank may
invest its funds in bonds or other interest bearing or discounted obligations of corporations not otherwise eligible for
investment by the savings bank which are prudent investments for such bank in the opinion of its board of trustees or
of a committee thereof whose action is ratified by such board
at its regular meeting next following such investment. The
total amount a mutual savings bank may invest pursuant to
this section shall not exceed ten percent of its funds. [1977
ex.s. c 104 § 5; 1967 c 145 § 9; 1959 c 41 § 6.]
32.20.370
32.20.380 Stocks, securities, of corporations not otherwise eligible for investment. A mutual savings bank may
invest its funds in stocks or other securities of corporations
not otherwise eligible for investment by the savings bank
which are prudent investments for the bank in the opinion of
its board of trustees or of a committee thereof whose action is
ratified by the board at its regular meeting next following the
investment. The total amount a mutual savings bank may
invest pursuant to this section shall not exceed fifty percent of
the total of its guaranty fund, undivided profits, and unallocated reserves, or five percent of its deposits, whichever is
less. [1981 c 86 § 6; 1963 c 176 § 16.]
32.20.380
32.20.330 Investments—Loans, preferred stock, or
interest-bearing obligations—Restrictions. A mutual savings bank may invest in loans to sole proprietorships, partnerships, limited liability companies, corporations, or other entities, or in preferred stock or discounted or other interest bearing obligations issued, guaranteed, or assumed by limited
liability companies or corporations commonly accepted as
industrial corporations or engaged in communications, transportation, agriculture, furnishing utility professional services,
manufacturing, construction, mining, fishing, processing or
merchandising of goods, food, or information, banking, or
commercial or consumer financing, doing business or incorporated under the laws of the United States, or any state
32.20.330
(2010 Ed.)
Additional notes found at www.leg.wa.gov
[Title 32 RCW—page 27]
32.20.390
Title 32 RCW: Mutual Savings Banks
32.20.390 Obligations of corporations or associations
federally authorized to insure or market real estate mortgages—Loans, etc., eligible for insurance. A mutual savings bank may invest its funds:
(1) In capital stock, notes, bonds, debentures, participating certificates, and other obligations of any corporation or
association which is or hereafter may be created pursuant to
any law of the United States for the purpose of insuring or
marketing real estate mortgages: PROVIDED, That the
amount a mutual savings bank may invest in the capital stock
of any one such corporation shall not exceed five percent of
the funds of the mutual savings bank and the total amount it
may invest in capital stock pursuant to this subsection (1)
shall not exceed ten percent of the funds of the mutual savings bank.
(2) In such loans, advances of credit, participating certificates, and purchases of obligations representing loans and
advances of credit as are eligible for insurance by any corporation or association which is or hereafter may be created pursuant to any law of the United States for the purpose of insuring real estate mortgages. The bank may do all acts necessary
or appropriate to obtain such insurance. No law of this state
prescribing the nature, amount, or form of security, or prescribing or limiting the period for which loans or advances of
credit may be made shall apply to loans, advances of credit,
or purchases made pursuant to this subsection (2). [1963 c
176 § 17.]
32.20.390
32.20.400 Loans for home or property repairs, alterations, appliances, improvements, additions, furnishings,
underground utilities, education or nonbusiness family
purposes. A mutual savings bank may invest not to exceed
twenty percent of its funds pursuant to this section in loans
for home or property repairs, alterations, appliances,
improvements, or additions, home furnishings, for installation of underground utilities, for educational purposes, or for
nonbusiness family purposes: PROVIDED, That the application therefor shall state that the proceeds are to be used for
one of the above purposes. [1999 c 14 § 28; 1981 c 86 § 7;
1977 ex.s. c 104 § 6; 1969 c 55 § 9; 1967 c 145 § 10; 1963 c
176 § 18.]
32.20.400
Additional notes found at www.leg.wa.gov
32.20.415 Limitation on certain secured and unsecured loans. In addition to all other investments and loans
authorized for mutual savings banks in this state, a mutual
savings bank may invest not more than twenty percent of its
funds in secured or unsecured loans on such terms and conditions as the bank may determine. [1981 c 86 § 15.]
32.20.415
Additional notes found at www.leg.wa.gov
32.20.430 Loans to banks or trust companies. A
mutual savings bank may invest its funds in loans to banks or
trust companies which mature on the next business day following the day of making such loan. The loans may be evidenced by any writing or ledger entries deemed adequate by
the mutual savings bank and may be secured or unsecured.
The loans made hereunder are payable on the same basis as
are regular deposits in such banks, and therefore the transactions may be characterized for accounting and statement purposes and carried on the books of the mutual savings bank as
either a deposit with or a loan to the bank. [1971 ex.s. c 222
§ 3.]
32.20.430
Additional notes found at www.leg.wa.gov
32.20.440 Purchase of United States securities from
banks or trust companies. A mutual savings bank may
invest its funds in the purchase of United States government
securities from a bank or trust company, subject to the selling
bank’s or trust company’s agreement to repurchase such
securities on the business day next following their purchase
by the mutual savings bank. The securities may be purchased
at par, or at a premium or discount, as the mutual savings
bank may agree, and may be characterized for accounting and
statement purposes and carried on the books of the mutual
savings bank as such securities to the extent of their market
value, and as due from such banks or trust companies to the
extent that the repurchase price agreed to be paid exceeds
such market value. [1971 ex.s. c 222 § 4.]
32.20.440
Additional notes found at www.leg.wa.gov
32.20.445 Stock, other securities, and obligations of
federally insured institutions. A savings bank may invest
its funds in the stock and other securities and obligations of a
savings or banking institution or holding company thereof if
the deposits of the savings or banking institution are insured
by the federal deposit insurance corporation or any other federal instrumentalities established to carry on substantially the
same functions as such corporations. [1999 c 14 § 29; 1989 c
180 § 8.]
32.20.445
Additional notes found at www.leg.wa.gov
32.20.410 Limitation of total investment in certain
obligations. The aggregate total amount a mutual savings
bank may invest in the following shall not exceed the sum of
eighty-five percent of its funds and one hundred percent of its
borrowings as permitted under RCW 32.08.140, as now or
hereafter amended and RCW 32.08.190, as now or hereafter
amended:
(1) Mortgages upon real estate and participations
therein;
(2) Contracts for the sale of realty;
(3) Mortgages upon leasehold estates; and
(4) Notes secured by pledges or assignments of first
mortgages or real estate contracts.
The limitation of this section shall not apply to GNMA
certificates, mortgage backed bonds, mortgage passthrough
certificates or other similar securities purchased or held by
the bank. [1981 c 86 § 8; 1977 ex.s. c 104 § 7; 1969 c 55 §
10; 1963 c 176 § 19.]
32.20.410
[Title 32 RCW—page 28]
Additional notes found at www.leg.wa.gov
32.20.450 Low-cost housing—Legislative finding.
The legislature finds there is a shortage of adequate housing
in a suitable environment in many parts of this state for people of modest means, which shortage adversely affects the
public in general and the mutual savings banks of this state
and their depositors. The legislature further finds that the
making of loans or investments to alleviate this problem
which may provide a less than market rate of return and entail
a higher degree of risk than might otherwise be acceptable,
32.20.450
(2010 Ed.)
Insolvency and Liquidation
will benefit this state, the banks, and their depositors. [1973
1st ex.s. c 31 § 1.]
Additional notes found at www.leg.wa.gov
32.20.460 Low-cost housing—Factory built housing—Mobile homes. In addition to the portions of its funds
permitted to be invested in real estate loans under RCW
32.20.410, a mutual savings bank may invest not to exceed
fifteen percent of its funds in loans and investments as follows:
(1) Loans for the rehabilitation, remodeling, or expansion of existing housing.
(2) Loans in connection with, or participation in:
(a) Housing programs of any agency of federal, state, or
local government; and
(b) Housing programs of any nonprofit, union, community, public, or quasi-public corporation or entity.
Such housing must be made available to all without
regard to race, creed, sex, color, or national origin.
(3) Loans for purchasing or constructing factory built
housing, including but not limited to mobile homes. The bank
shall determine the amount, security, and repayment basis
which it considers prudent for the loans.
(4) In mobile home chattel paper which finances the
acquisition of inventory by a mobile home dealer if the inventory is to be held for sale in the ordinary course of business by
the mobile home dealer, the monetary obligation evidenced
by such chattel paper is the obligation of the mobile home
dealer and the amount thereof does not exceed the amount
allowed to be loaned on such mobile homes under subsection
(3) of this section. [1981 c 86 § 9; 1977 ex.s. c 104 § 9; 1973
1st ex.s. c 31 § 2.]
32.20.460
Additional notes found at www.leg.wa.gov
32.20.470 Improvement of private land for public
parks and recreation areas. Subject to the limits hereinafter set forth, a mutual savings bank may expend its funds for
the improvement for public use of privately owned land as
parks or recreation areas, including but not limited to "vest
pocket" parks, provided that the owner of such land will:
(1) Permit public use thereof for a period of at least eighteen months or for such longer period and subject to such
other requirements as the bank may impose; and
(2) At or before the end of public use, permit the removal
of all such improvements which in the bank’s judgment reasonably may be accomplished.
As used in this section, "public use" means use without
regard to race, creed, sex, color, or national origin. The
amount expended hereunder and under RCW
32.12.070(2)(d) in any calendar year shall not exceed onehalf of one percent of the net earnings of bank for the preceding year. [1973 1st ex.s. c 31 § 3.]
32.20.470
Additional notes found at www.leg.wa.gov
32.20.480 Loans or investments to provide adequate
housing and environmental improvements—Criteria—
Restrictions. Loans or investments made under *this 1973
amendatory act may provide a less than market rate of return
and entail a higher degree of risk than might otherwise be
acceptable to the general market, so long as the board of trust32.20.480
(2010 Ed.)
32.24.010
ees of the bank determines the loan or investment may be
beneficial to the community where made, without the need to
show a direct corporate benefit, and so long as any private
individual who benefits is not, and is not related to any person
who is, an officer, employee, or trustee of the bank. It is
hereby recognized that the mutual savings banks of the state
of Washington and their depositors are affected adversely by
the absence of adequate low-cost housing and environmental
developments and improvements within the communities
they serve and the state of Washington.
The amount a mutual savings bank may invest under
*this 1973 amendatory act during any twelve month period at
less than a market rate of return shall not exceed two percent
of the total principal amount of all real estate loans made by
the bank during the preceding twelve months. [1973 1st ex.s.
c 31 § 4.]
*Reviser’s note: "This 1973 amendatory act" consists of the enactment
of RCW 32.20.450, 32.20.460, 32.20.470, 32.20.480, 32.20.490, and
32.20.500 and the amendments to RCW 32.20.280 and 32.20.330 by 1973
1st ex.s. c 31.
Additional notes found at www.leg.wa.gov
32.20.500 Construction—1973 1st ex.s. c 31. The
powers granted by *this 1973 amendatory act are in addition
to and not in limitation of the powers conferred upon a
mutual savings bank by other provisions of law. [1973 1st
ex.s. c 31 § 8.]
32.20.500
*Reviser’s note: For "this 1973 amendatory act," see note following
RCW 32.20.480.
Chapter 32.24
Chapter 32.24 RCW
INSOLVENCY AND LIQUIDATION
Sections
32.24.010
32.24.020
32.24.030
32.24.040
32.24.050
32.24.060
32.24.070
32.24.073
32.24.080
32.24.090
32.24.100
Liquidation of solvent bank.
Procedure to liquidate and dissolve.
Transfer of assets and liabilities to another bank.
Notice to correct unsafe conditions—Possession may be taken
under specified circumstances.
Director may order levy of assessment—Liquidation of bank
in unsound condition or insolvent.
Possession by director—Bank may contest.
Receiver prohibited except in emergency.
Voluntary closing—Possession of the director—Notice.
Transfer of assets when insolvent—Penalty.
Federal deposit insurance corporation as receiver or liquidator—Appointment—Powers and duties.
Payment or acquisition of deposit liabilities by federal deposit
insurance corporation—Not hindered by judicial review—
Liability.
32.24.010 Liquidation of solvent bank. If the trustees
of any solvent mutual savings bank deem it necessary or
expedient to close the business of such bank, they may, by
affirmative vote of not less than two-thirds of the whole number of trustees, at a meeting called for that purpose, of which
one month’s notice has been given, either personally or by
mailing such notice to the post office address of each trustee,
declare by resolution their determination to close such business and pay the moneys due depositors and creditors and to
surrender the corporate franchise. Subject to the approval and
under the direction of the director, such savings bank may
adopt any lawful plan for closing up its affairs, as nearly as
may be in accordance with the original plan and objects.
32.24.010
[Title 32 RCW—page 29]
32.24.020
Title 32 RCW: Mutual Savings Banks
[1994 c 92 § 339; 1955 c 13 § 32.24.010. Prior: 1915 c 175 §
45; RRS § 3374.]
32.24.020 Procedure to liquidate and dissolve. When
the trustees, acting under the provisions of RCW 32.24.010,
have paid the sums due respectively to all creditors and
depositors, who, after such notice as the director shall prescribe, claim the money due and their deposits, the trustees
shall make a transcript or statement from the books in the
bank of the names of all depositors and creditors who have
not claimed or have not received the balance of the credit due
them, and of the sums due them, respectively, and shall file
such transcript with the director and pay over and transfer all
such unclaimed and unpaid deposits, credits, and moneys to
the director. The trustees shall then report their proceedings,
duly verified, to the superior court of the county wherein the
bank is located, and upon such report and the petition of the
trustees, and after notice to the attorney general and the director, and such other notice as the court may deem necessary,
the court shall adjudge the franchise surrendered and the
existence of the corporation terminated. Certified copies of
the judgment shall be filed in the offices of the secretary of
state and the director and shall be recorded in the office of the
secretary of state. [1994 c 92 § 340; 1981 c 302 § 29; 1955 c
13 § 32.24.020. Prior: 1931 c 132 § 4; 1915 c 175 § 46; RRS
§ 3375.]
32.24.020
Additional notes found at www.leg.wa.gov
32.24.030 Transfer of assets and liabilities to another
bank. An unconverted mutual savings bank may for the purpose of consolidation, acquisition, pooling of assets, merger,
or voluntary liquidation arrange for its assets and liabilities to
become assets and liabilities of another mutual savings bank,
by the affirmative vote or with the written consent of twothirds of the whole number of its trustees, but only with the
written consent of the director and upon such terms and conditions as he or she may prescribe.
Upon any such transfer being made, or upon the liquidation of any such mutual savings bank for any cause whatever,
or upon its being no longer engaged in the business of a
mutual savings bank, the director shall terminate its certificate of authority, which shall not thereafter be revived or
renewed. When the certificate of authority of any such corporation has been revoked, it shall forthwith collect and distribute its remaining assets, and when that is done, the director
shall certify the fact to the secretary of state, whereupon the
corporation shall cease to exist and the secretary of state shall
note the fact upon his or her records.
In case of the consolidation with or voluntary liquidation
of a mutual savings bank by another mutual savings bank, as
herein provided, any sums advanced by its incorporators, or
others, to create or maintain its guaranty fund or its expense
fund shall not be liabilities of such mutual savings bank
unless the mutual savings bank, so assuming its liabilities
shall specifically undertake to pay the same, or a stated portion thereof. [1994 c 92 § 341; 1985 c 56 § 14; 1955 c 13 §
32.24.030. Prior: 1931 c 132 § 5; RRS § 3375a.]
32.24.030
32.24.040 Notice to correct unsafe conditions—Possession may be taken under specified circumstances. (1)
32.24.040
[Title 32 RCW—page 30]
Under the circumstances set forth in subsection (2) of this
section, the director may give to a savings bank notice of
unsafe condition of the savings bank; and if the savings bank
fails to comply with the terms of such notice within thirty
days from the date of its issuance, or within such further time
as the director may allow, then the director may take possession of such savings bank as in the case of insolvency.
(2) The director is authorized to give notice and take possession of a savings bank, as described in subsection (1) of
this section, under the following circumstances:
(a) The obligations to its creditors, depositors, members,
trust beneficiaries, if applicable, and others exceed its assets;
(b) It has willfully violated a supervisory directive, cease
and desist order, or other authorized directive or order of the
director;
(c) It has concealed its books, papers, records, or assets,
or refused to submit its books, records, or affairs to any
examiner of the department;
(d) It is likely to be unable to pay its immediate obligations or meet its depositors’ immediate demands in the normal course of business;
(e) It ceases to have deposit insurance acceptable to the
director;
(f) It fails to submit a capital restoration plan acceptable
to the department within a time previously called for or materially fails to implement a capital restoration plan that was
previously submitted and accepted by the department; or
(g) It is critically undercapitalized or otherwise has substantially insufficient capital. [2010 c 88 § 58; 1994 c 92 §
342; 1955 c 13 § 32.24.040. Prior: 1931 c 132 § 6; RRS §
3375b.]
Effective date—2010 c 88: See RCW 32.50.900.
32.24.050 Director may order levy of assessment—
Liquidation of bank in unsound condition or insolvent.
(1) Whenever it appears to the director that any offense or
delinquency referred to in RCW 32.24.040 has resulted in a
savings bank being critically undercapitalized with no reasonably foreseeable prospect of recovery, or that it has suspended payment of its obligations, or is insolvent, the director may notify such savings bank to levy an assessment on its
stock, if any, or otherwise to make good such impairment or
offense or other delinquency within such time and in such
manner as the director may specify, or if the director deems
necessary, the director may take possession thereof without
notice.
(2) Upon taking possession of any savings bank, the
director shall forthwith proceed to liquidate the business,
affairs, and assets thereof and such liquidation shall be had in
accordance with the provisions of law governing the liquidation of insolvent banks and savings banks. [2010 c 88 § 59;
1994 c 92 § 343; 1955 c 13 § 32.24.050. Prior: 1931 c 132 §
7; RRS § 3375c.]
32.24.050
Effective date—2010 c 88: See RCW 32.50.900.
32.24.060 Possession by director—Bank may contest.
Within ten days after the director takes possession thereof, a
mutual savings bank may serve notice upon such director to
appear before the superior court in the county wherein such
corporation is located, at a time to be fixed by the court,
32.24.060
(2010 Ed.)
Insolvency and Liquidation
which shall not be less than five nor more than fifteen days
from the date of the service of such notice, to show cause why
the director’s action taking possession of the savings bank
should not be affirmed. Upon the return day of such notice,
or such further day as the matter may be continued to, the
court shall summarily hear the cause and shall dismiss the
same, if it finds that possession was taken by the director in
good faith and for cause, but if it finds that no cause existed
for taking possession of the savings bank, it shall require the
director to restore the savings bank to the possession of its
assets and enjoin the director from further interference therewith without cause. [2010 c 88 § 60; 1994 c 92 § 344; 1955
c 13 § 32.24.060. Prior: 1931 c 132 § 8; RRS § 3375d.]
Effective date—2010 c 88: See RCW 32.50.900.
32.24.070 Receiver prohibited except in emergency.
No receiver shall be appointed by any court for any savings
bank, nor shall any assignment of any such bank for the benefit of creditors be valid, excepting only that a court otherwise having jurisdiction may in case of imminent necessity
appoint a temporary receiver to take possession of and preserve the assets of the savings bank. Immediately upon any
such appointment, the clerk of the court shall notify the director in writing of such appointment and the director shall
immediately take possession of the savings bank, as in case
of insolvency, and the temporary receiver shall upon demand
of the director surrender up to him or her such possession and
all assets which have come into his or her possession. The
director shall in due course pay such receiver out of the assets
of the savings bank such amount as the court shall allow.
[2010 c 88 § 61; 1994 c 92 § 345; 1955 c 13 § 32.24.070.
Prior: 1931 c 132 § 9; RRS § 3375e.]
32.24.070
Effective date—2010 c 88: See RCW 32.50.900.
32.24.073 Voluntary closing—Possession of the
director—Notice. (1) Subject to the consent of the director,
a savings bank may voluntarily stipulate and consent to an
order taking possession and thereby place itself under the
control of the director to be liquidated and be made subject to
receivership as provided in this chapter.
(2) Upon issuance of such order taking possession, the
savings bank shall post a notice on its door as follows: "This
savings bank is in the possession of the Director of the Washington State Department of Financial Institutions."
(3) The posting of such notice or the taking possession of
any savings bank by the director shall be sufficient to place
all of its assets and property of every nature in the director’s
possession and bar all attachment proceedings. [2010 c 88 §
62.]
32.24.073
Effective date—2010 c 88: See RCW 32.50.900.
32.24.080 Transfer of assets when insolvent—Penalty. (1) Every transfer of its property or assets by any savings bank, made (a) after it has become insolvent, (b) within
ninety days before the date the director takes possession of
such savings bank under RCW 32.24.040, 32.24.050, or
32.24.073, or the federal deposit insurance corporation is
appointed as receiver or liquidator of such savings bank
under RCW 32.24.090, and (c) with the view to the preference of one creditor over another or to prevent equal distribu32.24.080
(2010 Ed.)
32.24.100
tion of its property and assets among its creditors, shall be
void.
(2) Every trustee or board director, officer, or employee
knowingly making any such transfer of assets is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
[2010 c 88 § 63; 2003 c 53 § 196; 1994 c 92 § 346; 1985 c 56
§ 15; 1955 c 13 § 32.24.080. Prior: 1931 c 132 § 10; RRS §
3379a.]
Effective date—2010 c 88: See RCW 32.50.900.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
32.24.090
32.24.090 Federal deposit insurance corporation as
receiver or liquidator—Appointment—Powers and
duties. (1) The federal deposit insurance corporation is
hereby authorized and empowered to be and act without bond
as receiver or liquidator of any savings bank the deposits in
which are to any extent insured by that corporation and which
the director shall have taken possession pursuant to RCW
32.24.040, 32.24.050, or 32.24.073.
(2) In the event of such closing, the director may appoint
the federal deposit insurance corporation as receiver or liquidator of such savings bank.
(3) If the corporation accepts such appointment, it shall
have and possess all the powers and privileges provided by
the laws of this state with respect to a liquidator of a mutual
savings bank, its depositors and other creditors, and be subject to all the duties of such liquidator, except insofar as such
powers, privileges, or duties are in conflict with the provisions of the federal deposit insurance act, as now or hereafter
amended. [2010 c 88 § 64; 1994 c 92 § 347; 1973 1st ex.s. c
54 § 3.]
Effective date—2010 c 88: See RCW 32.50.900.
32.24.100
32.24.100 Payment or acquisition of deposit liabilities by federal deposit insurance corporation—Not hindered by judicial review—Liability. The pendency of any
proceedings for judicial review of the director’s actions in
taking possession and control of a mutual savings bank and
its assets for the purpose of liquidation shall not operate to
defer, delay, impede, or prevent the payment or acquisition
by the federal deposit insurance corporation of the deposit
liabilities of the mutual savings bank which are insured by the
corporation. During the pendency of any proceedings for
judicial review, the director shall make available to the federal deposit insurance corporation such facilities in or of the
mutual savings bank and such books, records, and other relevant data of the mutual savings bank as may be necessary or
appropriate to enable the corporation to pay out or to acquire
the insured deposit liabilities of the mutual savings bank. The
federal deposit insurance corporation and its directors, officers, agents, and employees, the director, and his or her agents
and employees shall be free from liability to the mutual savings bank, its directors, stockholders, and creditors for or on
account of any action taken in connection herewith. [1994 c
92 § 348; 1973 1st ex.s. c 54 § 4.]
[Title 32 RCW—page 31]
Chapter 32.28
Chapter 32.28
Title 32 RCW: Mutual Savings Banks
Chapter 32.28 RCW
SATELLITE FACILITIES
(See chapter 30.43 RCW)
Chapter 32.30 RCW
CONVERSION OF MUTUAL SAVINGS BANK
TO BUILDING AND LOAN OR
SAVINGS AND LOAN ASSOCIATION
32.32.215
32.32.220
32.32.222
32.32.225
32.32.228
Chapter 32.30
(See chapter 33.46 RCW)
Chapter 32.32 RCW
CONVERSION OF MUTUAL SAVINGS BANK TO
CAPITAL STOCK SAVINGS BANK
32.32.230
32.32.235
32.32.240
32.32.245
32.32.250
Chapter 32.32
32.32.265
Sections
32.32.010
32.32.015
32.32.020
32.32.025
32.32.030
32.32.035
32.32.040
32.32.042
32.32.045
32.32.050
32.32.055
32.32.060
32.32.065
32.32.070
32.32.075
32.32.080
32.32.085
32.32.090
32.32.095
32.32.100
32.32.105
32.32.110
32.32.115
32.32.120
32.32.125
32.32.130
32.32.135
32.32.140
32.32.145
32.32.150
32.32.155
32.32.160
32.32.165
32.32.170
32.32.175
32.32.180
32.32.185
32.32.190
32.32.195
32.32.200
32.32.205
32.32.210
32.32.255
32.32.260
Chapter exclusive—Prohibition on conversion without
approval—Waiver of requirements.
Forms.
Request of noncompliance—Requirements.
Definitions.
Prohibition on approval of certain applications for conversion.
Requirements of plan of conversion.
Issuance of capital stock—Price.
Shares—Certificate not required.
Stock purchase subscription rights—Eligible account holders.
Stock purchase subscription rights received by officers, directors, and their associates—Subordination.
Supplemental share purchase subscription rights—Supplemental eligible account holder—Conditions.
Sale of shares not sold in subscription offering—Methods—
Conditions.
Limitation on subscription and purchase of shares by person
with associate or group—Amount.
Limitation on purchase of shares by officers, directors, and
their associates—Amount.
Prohibition on purchase of shares by officers, directors, and
their associates—Exception.
Uniform sales price of shares required—Application to specify
arrangements on sale of shares not sold in subscription offering.
Savings account holder to receive withdrawable savings
account(s)—Amount.
Liquidation account—Establishment and maintenance
required.
Establishment of eligibility record date required.
Capital stock—Voting rights.
Amendment and termination of plan of conversion.
Restriction on sale of shares of stock by directors and officers.
Conditions on shares of stock subject to restriction on sale.
Registration of securities—Marketing of securities—Listing
of shares on securities exchange or NASDAQ quotation system.
Reasonable expenses required.
Plan of conversion—Prohibited provisions.
Plan of conversion—Permissible provisions.
Purchase of certain shares of stock by directors, officers, and
employees permitted—Conditions.
Receipt of certain subscription rights by account holders permitted—Amount—Conditions.
Permissible sales of insignificant residue of shares.
Limitation on number of shares subscribed in subscription
offering permitted.
Minimum purchase requirement in exercise of subscription
rights permitted.
Stock option plan permitted—Reserved shares.
Issuance of securities in lieu of capital stock permitted—References to capital stock.
Approval of other equitable provisions.
Amount of qualifying deposit of eligible account holder or
supplemental eligible account holder.
Liquidation account—Establishment required—Amount—
Function.
Liquidation account—Maintenance required—Subaccounts.
Liquidation account—Distribution upon complete liquidation.
Liquidation account—Determination of subaccount balances.
Reduction of subaccount balance.
Converted savings bank prohibited from repurchasing its stock
without approval.
[Title 32 RCW—page 32]
32.32.270
32.32.275
32.32.280
32.32.285
32.32.290
32.32.295
32.32.300
32.32.305
32.32.310
32.32.315
32.32.320
32.32.325
32.32.330
32.32.335
32.32.340
32.32.345
32.32.350
32.32.355
32.32.360
32.32.365
32.32.370
32.32.375
32.32.380
32.32.385
32.32.390
32.32.395
32.32.400
32.32.405
32.32.410
32.32.415
32.32.420
32.32.425
32.32.430
32.32.435
32.32.440
32.32.445
32.32.450
32.32.455
32.32.460
32.32.465
32.32.470
32.32.475
32.32.480
32.32.485
32.32.490
32.32.495
Limitation on cash dividends.
Limitation on certain cash dividends within ten years of conversion.
Dividends on preferred stock.
Prohibitions on offer, sale, or purchase of securities.
Acquisition of control of a converted savings bank—State reciprocity—Definitions.
Nonapproval of conversion unless acquisition of control
within three years by certain companies prohibited.
Plan of conversion—Charter restrictions permitted.
Confidentiality of consideration to convert—Remedial measures for breach.
Public statement authorized.
Adoption of plan of conversion—Notice to and inspection by
account holders—Statement and letter—Press release authorized.
Statement, letter, and press release—Content permitted.
Statement, letter, and press release—Contents prohibited—
Inquiries.
Notices of filing of application—Requests for subscription
offering circular.
Filing of notice and affidavit of publication required.
Applications available for public inspection—Confidential
information.
Offers and sales of securities—Prohibitions.
Distribution of offering circulars authorized.
Preliminary offering circular for subscription offering—Estimated subscription price range required.
Review of price information by director.
Underwriting commissions.
Consideration of pricing information by director—Guidelines.
Submission of information by applicant.
Subscription offering—Distribution of order forms for the purchase of shares.
Order forms—Final offering circular and detailed instructions.
Subscription price.
Order form—Contents.
Order form—Additional provision authorized—Payment by
withdrawal.
Time period for completion of sale of all shares of capital
stock.
Copies of application for approval to be filed.
Nonacceptance and return of applications.
Continuity of corporate existence.
Form of application.
Representations upon filing of application.
Representations upon filing of application—Exception.
Application to furnish information.
Application—Additional information required.
Omission of certain information permitted—Conditions.
Offering circular—Certain manner of presentation of required
information prohibited.
Form and contents of filings.
Conformance required to order prohibiting the use of any filing.
Application—Certain named persons—Filing of written consent required.
Offering circular—Certain named persons—Filing of written
consent required.
Date of receipt—Date of filing.
Availability for conferences in advance of filing of application—Refusal of prefiling review.
Appeal from refusal to approve application.
Postconversion reports.
Definitions.
Certain agreement to transfer and transfers of ownership in
rights or securities prohibited.
Certain offers and announcements on securities prohibited.
Certain offers and acquisitions prohibited.
Nonapplicability of RCW 32.32.440 and 32.32.445.
Nonapplicability of RCW 32.32.445 and 32.32.450.
Nonapplicability of RCW 32.32.450.
Approval of certain applications prohibited.
Penalty for violations.
Name of converted savings bank.
Amendments to charter required in application—Articles of
incorporation—Filing of certificate required—Contents—
Issuance and filing of authorization certificate.
Amendments to articles of incorporation.
Directors—Election—Meetings—Quorum—Oath—Vacancies.
(2010 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
32.32.497
32.32.500
32.32.505
32.32.515
32.32.520
32.32.525
32.32.900
Conversions incident to acquisition by savings bank holding
company or merger or consolidation with savings bank holding company subsidiary—Application of RCW 32.32.110
and 32.32.115.
Merger, consolidation, conversion, etc.—Approval—Concentration limits.
Intent—References in the Revised Code of Washington.
Guaranty fund.
"Funds" defined.
Prohibition on certain securities and purchases—Exception.
Severability—1981 c 85.
32.32.010 Chapter exclusive—Prohibition on conversion without approval—Waiver of requirements. This
chapter shall exclusively govern the conversion of mutual
savings banks to capital stock savings banks. No mutual savings bank may convert to the capital stock form of organization without the prior written approval of the director pursuant to this chapter, except that the director may waive
requirements of this chapter in appropriate cases. [1994 c 92
§ 349; 1981 c 85 § 1.]
32.32.010
32.32.015 Forms. The director may prescribe under
this chapter such forms as the director deems appropriate for
use by a mutual savings bank seeking to convert to a capital
stock savings bank pursuant to this chapter. [1994 c 92 §
350; 1981 c 85 § 2.]
32.32.015
32.32.020 Request of noncompliance—Requirements. (1) If an applicant finds that compliance with any
provision of this chapter would be in conflict with applicable
federal law, the director shall grant or deny a request of noncompliance with the provision. The request may be incorporated in the application for conversion; otherwise, the applicant shall file the request in accordance with the requirements
of the director.
(2) In making any such request, the applicant shall:
(a) Specify the provision or provisions of this chapter
with respect to which the applicant desires waiver;
(b) Furnish an opinion of counsel demonstrating that
applicable federal law is in conflict with the specified provision or provisions of this chapter; and
(c) Demonstrate that the requested waiver would not
result in any effects that would be inequitable or detrimental
to the applicant, its account holders, or other financial institutions or would be contrary to the public interest. [1994 c 92
§ 351; 1981 c 85 § 3.]
32.32.020
32.32.025 Definitions. As used in this chapter, the following definitions apply, unless the context otherwise
requires:
(1) Except as provided in RCW 32.32.230, an "affiliate"
of, or a person "affiliated" with, a specified person, is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.
(2) The term "amount", when used in regard to securities, means the principal amount if relating to evidences of
indebtedness, the number of shares if relating to shares, and
the number of units if relating to any other kind of security.
(3) An "applicant" is a mutual savings bank which has
applied to convert pursuant to this chapter.
32.32.025
(2010 Ed.)
32.32.025
(4) The term "associate", when used to indicate a relationship with any person, means (a) any corporation or organization (other than the applicant or a majority-owned subsidiary of the applicant) of which the person is an officer or
partner or is, directly or indirectly, the beneficial owner of ten
percent or more of any class of equity securities, (b) any trust
or other estate in which the person has a substantial beneficial
interest or as to which the person serves as trustee or in a similar fiduciary capacity, and (c) any relative who would be a
"class A beneficiary" if the person were a decedent.
(5) The term "broker" means any person engaged in the
business of effecting transactions in securities for the account
of others.
(6) The term "capital stock" includes permanent stock,
guaranty stock, permanent reserve stock, any similar certificate evidencing nonwithdrawable capital, or preferred stock,
of a savings bank converted under this chapter or of a subsidiary institution or holding company.
(7) The term "charter" includes articles of incorporation,
articles of reincorporation, and certificates of incorporation,
as amended, effecting (either with or without filing with any
governmental agency) the organization or creation of an
incorporated person.
(8) Except as provided in RCW 32.32.230, the term
"control" (including the terms "controlling", "controlled by",
and "under common control with") means the possession,
direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether through
the ownership of voting securities, by contract, or otherwise.
(9) The term "dealer" means any person who engages
either for all or part of his or her time, directly or indirectly,
as agent, broker, or principal, in the business of offering, buying, selling, or otherwise dealing or trading in securities
issued by another person.
(10) The term "deposits" refers to the deposits of a savings bank that is converting under this chapter, and may refer
in addition to the deposits or share accounts of any other
financial institution that is converting to the stock form in
connection with a merger with and into a savings bank.
(11) The term "director" means any director of a corporation, any trustee of a mutual savings bank, or any person
performing similar functions with respect to any organization
whether incorporated or unincorporated.
(12) The term "eligibility record date" means the record
date for determining eligible account holders of a converting
mutual savings bank.
(13) The term "eligible account holder" means any person holding a qualifying deposit as determined in accordance
with RCW 32.32.180.
(14) The term "employee" does not include a director or
officer.
(15) The term "equity security" means any stock or similar security; or any security convertible, with or without consideration, into such a security, or carrying any warrant or
right to subscribe to or purchase such a security; or any such
warrant or right.
(16) The term "market maker" means a dealer who, with
respect to a particular security, (a) regularly publishes bona
fide, competitive bid and offer quotations in a recognized
interdealer quotation system; or (b) furnishes bona fide competitive bid and offer quotations on request; and (c) is ready,
[Title 32 RCW—page 33]
32.32.030
Title 32 RCW: Mutual Savings Banks
willing, and able to effect transaction in reasonable quantities
at his or her quoted prices with other brokers or dealers.
(17) The term "material", when used to qualify a requirement for the furnishing of information as to any subject, limits the information required to those matters as to which an
average prudent investor ought reasonably to be informed
before purchasing an equity security of the applicant.
(18) The term "mutual savings bank" means a mutual
savings bank organized and operating under Title 32 RCW.
(19) Except as provided in RCW 32.32.435, the term
"offer", "offer to sell", or "offer of sale" shall include every
attempt or offer to dispose of, or solicitation of an offer to
buy, a security or interest in a security, for value. These terms
shall not include preliminary negotiations or agreements
between an applicant and any underwriter or among underwriters who are or are to be in privity of contract with an
applicant.
(20) The term "officer", for purposes of the purchase of
stock in a conversion under this chapter or the sale of this
stock, means the chairman of the board, president, vice president, secretary, treasurer or principal financial officer,
comptroller or principal accounting officer, and any other
person performing similar functions with respect to any organization whether incorporated or unincorporated.
(21) Except as provided in RCW 32.32.435, the term
"person" means an individual, a corporation, a partnership, an
association, a joint-stock company, a trust, any unincorporated organization, or a government or political subdivision
thereof.
(22) The term "proxy" includes every form of authorization by which a person is or may be deemed to be designated
to act for a stockholder in the exercise of his or her voting
rights in the affairs of an institution. Such an authorization
may take the form of failure to dissent or object.
(23) The terms "purchase" and "buy" include every contract to purchase, buy, or otherwise acquire a security or
interest in a security for value.
(24) The terms "sale" and "sell" include every contract to
sell or otherwise dispose of a security or interest in a security
for value; but these terms do not include an exchange of securities in connection with a merger or acquisition approved by
the director.
(25) The term "savings account" means deposits established in a mutual savings bank and includes certificates of
deposit.
(26) Except as provided in RCW 32.32.435, the term
"security" includes any note, stock, treasury stock, bond,
debenture, transferable share, investment contract, votingtrust certificate, or in general, any instrument commonly
known as a "security"; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, or
warrant or right to subscribe to or purchase any of the foregoing.
(27) The term "series of preferred stock" refers to a subdivision, within a class of preferred stock, each share of
which has preferences, limitations, and relative rights identical with those of other shares of the same series.
(28) The term "subscription offering" refers to the offering of shares of capital stock, through nontransferable subscription rights issued to: (a) Eligible account holders as
required by RCW 32.32.045; (b) supplemental eligible
[Title 32 RCW—page 34]
account holders as required by RCW 32.32.055; (c) directors,
officers, and employees, as permitted by RCW 32.32.140;
and (d) eligible account holders and supplemental eligible
account holders as permitted by RCW 32.32.145.
(29) A "subsidiary" of a specified person is an affiliate
controlled by the person, directly or indirectly through one or
more intermediaries.
(30) The term "supplemental eligibility record date"
means the supplemental record date for determining supplemental eligible account holders of a converting savings bank
required by RCW 32.32.055. The date shall be the last day of
the calendar quarter preceding director approval of the application for conversion.
(31) The term "supplemental eligible account holder"
means any person holding a qualifying deposit, except officers, directors, and their associates, as of the supplemental eligibility record date.
(32) The term "underwriter" means any person who has
purchased from an applicant with a view to, or offers or sells
for an applicant in connection with, the distribution of any
security, or participates or has a direct or indirect participation in the direct or indirect underwriting of any such undertaking; but the term does not include a person whose interest
is limited to a commission from an underwriter or dealer not
in excess of the usual and customary distributors’ or sellers
commission. The term "principal underwriter" means an
underwriter in privity of contract with the applicant or other
issuer of securities as to which that person is the underwriter.
Terms defined in other chapters of this title, when used
in this chapter, shall have the meanings given in those definitions, to the extent those definitions are not inconsistent with
the definitions contained in this chapter unless the context
otherwise requires. [1995 c 134 § 7. Prior: 1994 c 256 § 105;
1994 c 92 § 352; 1985 c 56 § 16; 1981 c 85 § 4.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.030 Prohibition on approval of certain applications for conversion. No application for conversion may be
approved by the director if:
(1) The plan of conversion adopted by the applicant’s
board of directors is not in accordance with this chapter;
(2) The conversion would result in a reduction of the
applicant’s net worth below requirements established by the
director;
(3) The conversion may result in a taxable reorganization
of the applicant under the United States Internal Revenue
Code of 1954, as amended; or
(4) The converted savings bank does not meet the insurance requirements as established by the director. [1994 c 92
§ 353; 1981 c 85 § 5.]
32.32.030
32.32.035 Requirements of plan of conversion. The
plan of conversion shall contain all of the provisions set forth
in RCW 32.32.040 through 32.32.125. [1981 c 85 § 6.]
32.32.035
32.32.040 Issuance of capital stock—Price. A converted savings bank or a holding company organized pursuant to chapter 32.34 RCW shall issue and sell capital stock at
a total price equal to the estimated pro forma market value of
the stock issued in connection with the conversion, based on
32.32.040
(2010 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
an independent valuation, as provided in RCW 32.32.305. In
the conversion of a mutual savings bank or holding company,
either of which is in the process of merging with, being
acquired by, or consolidating with a stock savings bank, or a
savings bank holding company owned by stockholders, or a
subsidiary thereof, the following subsections apply:
(1) The price per share of the shares offered for subscription and issued in the conversion shall be not less than the
price reported for stock which is listed on a national or
regional stock exchange, or the bid price for stock which is
traded on the NASDAQ system, as of the day before any public offering or other completion of the sale of stock in the conversion: PROVIDED, That for stock not so listed and not
traded on the NASDAQ system, and any stock whose price
has been affected, as of the day specified above, by a violation of RCW 32.32.225, the price per share shall be determined by the director, upon the submission of such information as the director may request.
(2) The independent valuation as provided in RCW
32.32.305 shall determine the aggregate value of shares for
which subscription rights are granted pursuant to RCW
32.32.045, 32.32.050, and 32.32.055, rather than a price per
share or number of shares as provided in RCW 32.32.290,
32.32.325, and 32.32.330. This independent valuation may
be replaced by a demonstration, to the satisfaction of the
director, of the fairness of the price of the shares issued.
[1994 c 92 § 354; 1985 c 56 § 17; 1981 c 85 § 7.]
32.32.042 Shares—Certificate not required. (1)
Shares of a savings bank may, but need not be, represented by
certificates. Unless this title expressly provides otherwise, the
rights and obligations of shareholders are identical whether
or not their shares are represented by certificates. At a minimum, each share certificate must state the information
required to be stated and must be signed as provided in RCW
23B.06.250 and/or 23B.06.270 for corporations.
(2) Unless the articles of incorporation or bylaws provide
otherwise, the board of directors of a savings bank may
authorize the issue of some or all of the shares of any or all of
its classes or series without certificates. The authorization
does not affect shares already represented by certificates until
they are surrendered to the savings bank.
(3) Within a reasonable time after the issue or transfer of
shares without certificates, the savings bank shall send the
shareholder a written statement of the information required to
be stated on certificates under subsection (1) of this section.
[1994 c 256 § 114.]
32.32.042
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.045 Stock purchase subscription rights—Eligible account holders. Each eligible account holder shall
receive, without payment, nontransferable subscription rights
to purchase capital stock in an amount equal to the greatest of
two hundred shares, one-tenth of one percent of the total
offering of shares, or fifteen times the product (rounded down
to the next whole number) obtained by multiplying the total
number of shares of capital stock to be issued by a fraction of
which the numerator is the amount of the qualifying deposit
of the eligible account holder and the denominator is the total
amount of qualifying deposits of all eligible account holders
32.32.045
(2010 Ed.)
32.32.055
in the converting savings bank. If the allotment made in this
section results in an oversubscription, shares shall be allocated among subscribing eligible account holders so as to
permit each such account holder, to the extent possible, to
purchase a number of shares sufficient to make his total allocation equal to one hundred shares. Any shares not so allocated shall be allocated among the subscribing eligible
account holders on such equitable basis, related to the
amounts of their respective qualifying deposits, as may be
provided in the plan of conversion. [1981 c 85 § 8.]
32.32.050
32.32.050 Stock purchase subscription rights
received by officers, directors, and their associates—Subordination. Nontransferable subscription rights to purchase
capital stock received by officers and directors and their associates of the converting savings bank based on their increased
deposits in the converting savings bank in the one-year
period preceding the eligibility record date shall be subordinated to all other subscriptions involving the exercise of nontransferable subscription rights to purchase shares pursuant to
RCW 32.32.045. [1981 c 85 § 9.]
32.32.055
32.32.055 Supplemental share purchase subscription
rights—Supplemental eligible account holder—Conditions. In plans involving an eligibility record date that is
more than fifteen months prior to the date of the latest amendment to the application for conversion filed prior to the director approval, a supplemental eligibility record date shall be
determined whereby each supplemental eligible account
holder of the converting savings bank shall receive, without
payment, nontransferable subscription rights to purchase supplemental shares in an amount equal to the greatest of two
hundred shares, one-tenth of one percent of the total offering
of shares, or fifteen times the product (rounded down to the
next whole number) obtained by multiplying the total number
of shares of capital stock to be issued by a fraction of which
the numerator is the amount of the qualifying deposit of the
supplemental eligible account holder and the denominator is
the total amount of the qualifying deposits of all supplemental eligible account holders in the converting savings bank on
the supplemental eligibility record date.
(1) Subscription rights received pursuant to this section
shall be subordinated to all rights received by eligible
account holders to purchase shares pursuant to RCW
32.32.045 and 32.32.050.
(2) Any nontransferable subscription rights to purchase
shares received by an eligible account holder in accordance
with RCW 32.32.045 shall be applied in partial satisfaction
of the subscription rights to be distributed pursuant to this
section.
(3) In the event of an oversubscription for supplemental
shares pursuant to this section, shares shall be allocated
among the subscribing supplemental eligible account holders
as follows:
(a) Shares shall be allocated among subscribing supplemental eligible account holders so as to permit each such supplemental account holder, to the extent possible, to purchase
a number of shares sufficient to make the supplemental
account holder’s total allocation (including the number of
[Title 32 RCW—page 35]
32.32.060
Title 32 RCW: Mutual Savings Banks
shares, if any, allocated in accordance with RCW 32.32.045)
equal to one hundred shares.
(b) Any shares not allocated in accordance with subsection (3)(a) of this section shall be allocated among the subscribing supplemental eligible account holders on such equitable basis, related to the amounts of their respective qualifying deposits, as may be provided in the plan of conversion.
[1994 c 92 § 355; 1981 c 85 § 10.]
32.32.060 Sale of shares not sold in subscription
offering—Methods—Conditions. Any shares of the converting savings bank not sold in the subscription offering
shall either be sold in a public offering through an underwriter or directly by the converting savings bank in a direct
community marketing, subject to the applicant demonstrating
to the director the feasibility of the method of sale and to such
conditions as may be provided in the plan of conversion. The
conditions shall include, but not be limited to:
(1) A condition limiting purchases by each officer and
director or their associates in this phase of the offering to onetenth of one percent of the total offering of shares.
(2) A condition limiting purchases by any person and
that person’s associates in this phase of the offering to a number of shares or a percentage of the total offering so long as
the limitation does not exceed two percent of the shares to be
sold in the total offering.
(3) A condition that any direct community offering by
the converting savings bank shall give a preference to natural
persons residing in the counties in which the savings bank has
an office. The methods by which preference shall be given
shall be approved by the director. [1994 c 92 § 356; 1981 c
85 § 11.]
32.32.060
32.32.065 Limitation on subscription and purchase
of shares by person with associate or group—Amount.
The number of shares which any person together with any
associate or group of persons acting in concert may subscribe
for or purchase in the conversion shall not exceed five percent of the total offering of shares. For purposes of this section, the members of the converting savings bank’s board of
directors shall not be deemed to be associates or a group acting in concert solely as a result of their board membership.
[1981 c 85 § 12.]
32.32.065
32.32.070 Limitation on purchase of shares by officers, directors, and their associates—Amount. The number
of shares which officers and directors of the converting savings bank and their associates may purchase in the conversion shall not exceed twenty-five percent of the total offering
of shares. [1981 c 85 § 13.]
32.32.070
32.32.075 Prohibition on purchase of shares by officers, directors, and their associates—Exception. No officer
or director, or their associates, may purchase without the
prior written approval of the director the capital stock of the
converted savings bank except from a broker or a dealer registered with the Securities and Exchange Commission for a
period of three years following the conversion. This provision shall not apply to negotiated transactions involving more
32.32.075
[Title 32 RCW—page 36]
than one percent of the outstanding capital stock of the converted savings bank.
As used in this section, the term "negotiated transactions" means transactions in which the securities are offered
and the terms and arrangements relating to any sale of the
securities are arrived at through direct communications
between the seller or any person acting on the seller’s behalf
and the purchaser or the purchaser’s investment representative. The term "investment representative" means a professional investment adviser acting as agent for the purchaser
and independent of the seller and not acting on behalf of the
seller in connection with the transaction. [1994 c 92 § 357;
1981 c 85 § 14.]
32.32.080 Uniform sales price of shares required—
Application to specify arrangements on sale of shares not
sold in subscription offering. The sales price of the shares
of capital stock to be sold in the conversion shall be a uniform
price determined in accordance with RCW 32.32.290,
32.32.305, and 32.32.325. The applicant shall specify in its
conversion application the underwriting and/or other marketing arrangements to be made to assure the sale of all shares
not sold in the subscription offering. [1981 c 85 § 15.]
32.32.080
32.32.085 Savings account holder to receive withdrawable savings account(s)—Amount. Each savings
account holder of the converting savings bank shall receive,
without payment, a withdrawable savings account or
accounts in the converted savings bank equal in withdrawable amount to the withdrawal value of the account holder’s
savings account or accounts in the converting savings bank.
[1981 c 85 § 16.]
32.32.085
32.32.090 Liquidation account—Establishment and
maintenance required. A converting savings bank shall
establish and maintain a liquidation account for the benefit of
eligible account holders and supplemental eligible account
holders in the event of a subsequent complete liquidation of
the converted savings bank, in accordance with RCW
32.32.185 through 32.32.205. [1981 c 85 § 17.]
32.32.090
32.32.095 Establishment of eligibility record date
required. The applicant shall establish an eligibility record
date, which shall not be less than ninety days prior to the date
of adoption of the plan by the converting savings bank’s
board of directors. [1981 c 85 § 18.]
32.32.095
32.32.100 Capital stock—Voting rights. The holders
of the capital stock of the converted savings bank shall have
exclusive voting rights. [1981 c 85 § 19.]
32.32.100
32.32.105 Amendment and termination of plan of
conversion. The plan of conversion adopted by the applicant’s board of directors may be amended by the board of
directors with the concurrence of the director at any time
prior to final approval of the director and may be terminated
with the concurrence of the director at any time prior to issuance of the authorization certificate by the director. [1994 c
92 § 358; 1981 c 85 § 20.]
32.32.105
(2010 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
32.32.110 Restriction on sale of shares of stock by
directors and officers. All shares of capital stock purchased
by directors and officers on original issue in the conversion
either directly from the savings bank (by subscription or otherwise) or from an underwriter of the shares shall be subject
to the restriction that the shares shall not be sold for a period
of not less than three years following the date of purchase,
except in the event of death of the director or officer. [1981
c 85 § 21.]
32.32.110
32.32.115 Conditions on shares of stock subject to
restriction on sale. In connection with shares of capital
stock subject to restriction on sale for a period of time:
(1) Each certificate for the stock shall bear a legend giving appropriate notice of the restriction;
(2) Appropriate instructions shall be issued to the transfer agent for the capital stock with respect to applicable
restrictions on transfer of any such restricted stock; and
(3) Any shares issued as a stock dividend, stock split, or
otherwise with respect to any such restricted stock shall be
subject to the same restrictions as may apply to the restricted
stock. [1985 c 56 § 18; 1981 c 85 § 22.]
32.32.115
32.32.120 Registration of securities—Marketing of
securities—Listing of shares on securities exchange or
NASDAQ quotation system. A converted savings bank or
holding company formed under chapter 32.34 RCW shall:
(1) Promptly following its conversion register the securities issued in connection therewith pursuant to the Securities
and Exchange Act of 1934 and undertake not to deregister the
securities for a period of three years thereafter;
(2) Use its best efforts to encourage and assist a market
maker to establish and maintain a market for the securities
issued in connection with the conversion; and
(3) Use its best efforts to list those shares issued in connection with the conversion on a national or regional securities exchange or on the NASDAQ quotation system. [1985 c
56 § 19; 1981 c 85 § 23.]
32.32.120
32.32.125 Reasonable expenses required. The
expenses incurred in the conversion shall be reasonable.
[1981 c 85 § 24.]
32.32.125
32.32.130 Plan of conversion—Prohibited provisions. The plan of conversion shall contain no provision
which the director determines to be inequitable or detrimental
to the applicant, its savings account holders, or other savings
banks or to be contrary to the public interest. [1994 c 92 §
359; 1981 c 85 § 25.]
32.32.130
32.32.135 Plan of conversion—Permissible provisions. The plan of conversion may contain any of the provisions set forth in RCW 32.32.140 through 32.32.170. [1981
c 85 § 26.]
32.32.135
32.32.140 Purchase of certain shares of stock by
directors, officers, and employees permitted—Conditions. Directors, officers, and employees of the converting
savings bank, as part of the subscription offering, may be
entitled to purchase shares of capital stock, to the extent that
32.32.140
(2010 Ed.)
32.32.155
shares are available after satisfying the subscriptions of eligible account holders and supplemental eligible account holders, subject to the following conditions:
(1) The total number of shares which may be purchased
under this section shall not exceed twenty-five percent of the
total number of shares to be issued in the case of a converting
savings bank with total assets of less than fifty million dollars
or fifteen percent in the case of a converting savings bank
with total assets of five hundred million dollars or more; in
the case of a converting savings bank with total assets of fifty
million dollars or more but less than five hundred million dollars, the percentage shall be no more than a correspondingly
appropriate number of shares based on total asset size (for
example, twenty percent in the case of a converting savings
bank with total assets of approximately two hundred seventy
five million dollars); and
(2) The shares shall be allocated among directors, officers, and employees on an equitable basis such as by giving
weight to period of service, compensation, and position, subject to a reasonable limitation on the amount of shares which
may be purchased by any person or associate thereof, or
group of affiliated persons or group of persons otherwise acting in concert. [1981 c 85 § 27.]
32.32.145
32.32.145 Receipt of certain subscription rights by
account holders permitted—Amount—Conditions. Any
account holder receiving rights to purchase stock in the subscription offering may also receive, without payment, nontransferable subscription rights to purchase up to one percent
of the total offering of shares of capital stock, to the extent
that the shares are available after satisfying the subscription
under RCW 32.32.045 and 32.32.055, subject to such conditions as may be provided in the plan of conversion. In the
event of an oversubscription for the additional shares, the
shares available shall be allocated among the subscribing eligible account holders and supplemental eligible account
holders on such equitable basis, related to the amounts of
their respective subscriptions, as may be provided in the plan
of conversion. Where possible the subscriptions shall be allocated in such a manner that total purchases by eligible
account holders and supplemental eligible account holders
shall be rounded to the nearest one hundred shares. [1981 c
85 § 28.]
32.32.150
32.32.150 Permissible sales of insignificant residue of
shares. Any insignificant residue of shares not sold in the
subscription offering or in a public offering referred to in
RCW 32.32.060 may be sold in such other manner as provided in the plan with the director’s approval. [1994 c 92 §
360; 1985 c 56 § 20; 1981 c 85 § 29.]
32.32.155
32.32.155 Limitation on number of shares subscribed in subscription offering permitted. The number of
shares which any person, or group of persons affiliated with
each other or otherwise acting in concert, may subscribe for
in the subscription offering may be made subject to a limit of
not less than one percent of the total offering of shares. [1981
c 85 § 30.]
[Title 32 RCW—page 37]
32.32.160
Title 32 RCW: Mutual Savings Banks
32.32.160 Minimum purchase requirement in exercise of subscription rights permitted. Any person exercising subscription rights to purchase capital stock may be
required to purchase a minimum of up to twenty-five shares
to the extent the shares are available (but the aggregate price
for any minimum share purchase shall not exceed five hundred dollars). [1981 c 85 § 31.]
32.32.160
32.32.165 Stock option plan permitted—Reserved
shares. A stock option plan may be adopted by the board of
directors at the meeting at which the plan of conversion is
voted upon. The number of shares reserved for the stock
option plans should be limited to ten percent of the number of
shares sold in the conversion. [1981 c 85 § 32.]
32.32.165
account shall not operate to restrict the use or application of
any of the net worth accounts of the converted savings bank.
[1981 c 85 § 36.]
32.32.190 Liquidation account—Maintenance
required—Subaccounts. The liquidation account shall be
maintained by the converted savings bank for the benefit of
eligible account holders and supplemental eligible account
holders who maintain their savings accounts in the bank.
Each such eligible account holder shall, with respect to each
savings account, have a related inchoate interest in a portion
of the liquidation account balance ("subaccount"). [1981 c
85 § 37.]
32.32.190
32.32.195 Liquidation account—Distribution upon
complete liquidation. In the event of a complete liquidation
of the converted savings bank (and only in this event), each
eligible account holder and supplemental eligible account
holder shall be entitled to receive a liquidation distribution
from the liquidation account, in the amount of the then current adjusted subaccount balances for savings accounts then
held, before any liquidation distribution may be made with
respect to capital stock. No merger, consolidation, purchase
of bulk assets with assumption of savings accounts and other
liabilities, or similar transaction, in which the converted savings bank is not the survivor, is considered to be a complete
liquidation for this purpose. In these transactions, the liquidation account shall be assumed by the surviving institution.
[1981 c 85 § 38.]
32.32.195
32.32.170 Issuance of securities in lieu of capital
stock permitted—References to capital stock. The converted savings bank may issue and sell, in lieu of shares of its
capital stock, units of securities consisting of capital stock or
other equity securities, in which event any reference in this
chapter to capital stock shall apply to the units of equity securities unless the context otherwise requires. [1981 c 85 § 33.]
32.32.170
32.32.175 Approval of other equitable provisions.
The director may approve such other equitable provisions as
are necessary to avert imminent injury to the converting savings bank. [1994 c 92 § 361; 1981 c 85 § 34.]
32.32.175
32.32.180 Amount of qualifying deposit of eligible
account holder or supplemental eligible account holder.
(1) Unless otherwise provided in the plan of conversion, the
amount of the qualifying deposit of an eligible account holder
or supplemental eligible account holder shall be the total of
the deposit balances in the eligible account holder’s or supplemental eligible account holder’s savings accounts in the
converting savings bank as of the close of business on the eligibility record date or supplemental eligibility record date.
However, the plan of conversion may provide that any savings accounts with total deposit balances of less than fifty
dollars (or any lesser amount) shall not constitute a qualifying deposit.
(2) As used in this section, the term "savings account"
includes a predecessor or successor account of a given savings account which is held only in the same right and capacity
and on the same terms and conditions as the given savings
account. However, the plan of conversion may provide for
lesser requirements for consideration as a predecessor or successor account. [1981 c 85 § 35.]
32.32.180
32.32.200 Liquidation account—Determination of
subaccount balances. The initial subaccount balance for a
savings account held by an eligible account holder and/or
supplemental eligible account holder shall be determined by
multiplying the opening balance in the liquidation account by
a fraction of which the numerator is the amount of qualifying
deposits in the savings account on the eligibility record date
and/or the supplemental eligibility record date and the
denominator is the total amount of qualifying deposits of all
eligible account holders and supplemental eligible account
holders in the converting savings bank on these dates. For
savings accounts in existence at both dates, separate subaccounts shall be determined on the basis of the qualifying
deposits in these savings accounts on these record dates. The
initial subaccount balances shall not be increased, and it shall
be subject to downward adjustment as provided in RCW
32.32.205. [1981 c 85 § 39.]
32.32.200
32.32.205 Reduction of subaccount balance. If the
deposit balance in any savings account of an eligible account
holder or supplemental eligible account holder at the close of
business on any annual closing date subsequent to the respective record dates is less than the lesser of (1) the deposit balance in the savings account at the close of business on any
other annual closing date subsequent to the eligibility record
date or (2) the amount of qualifying deposit as of the eligibility record date or the supplemental eligibility record date, the
subaccount balance for the savings account shall be adjusted
by reducing the subaccount balance in an amount proportionate to the reduction in the deposit balance. In the event of
32.32.205
32.32.185 Liquidation account—Establishment
required—Amount—Function. Each converted savings
bank shall, at the time of conversion, establish a liquidation
account in an amount equal to the amount of net worth of the
converting savings bank as of the latest practicable date prior
to conversion. For the purposes of this section, the savings
bank shall use the net worth figure no later than that set forth
in its latest statement of financial condition contained in the
final offering circular. The function of the liquidation account
is to establish a priority on liquidation and, except as provided in RCW 32.32.215, the existence of the liquidation
32.32.185
[Title 32 RCW—page 38]
(2010 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
such a downward adjustment, the subaccount balance shall
not be subsequently increased, notwithstanding any increase
in the deposit balance of the related savings account. If any
such savings account is closed, the related subaccount balance shall be reduced to zero. [1981 c 85 § 40.]
32.32.210
32.32.210 Converted savings bank prohibited from
repurchasing its stock without approval. No converted
savings bank may repurchase any of its capital stock from
any person unless the repurchase is approved by the director
either in advance or at the time of repurchase. [1994 c 92 §
362; 1985 c 56 § 21; 1981 c 85 § 41.]
32.32.215
32.32.215 Limitation on cash dividends. Except as
provided in RCW 32.32.222, no converted savings bank may
declare or pay a cash dividend unless the declaration or payment of the dividend would be in accordance with the
requirements of RCW 30.04.180 and would not have the
effect of reducing the net worth of the converted savings bank
below (1) the amount required for the liquidation account or
(2) the amount required by the director. [1994 c 92 § 363;
1985 c 56 § 22; 1981 c 85 § 42.]
32.32.220
32.32.220 Limitation on certain cash dividends
within ten years of conversion. Except as provided in RCW
32.32.222, no converted savings bank may, without the prior
approval of the director, for a period of ten years after the
date of its conversion, declare or pay a cash dividend on its
capital stock in an amount in excess of one-half of the greater
of:
(1) The savings bank’s net income for the current fiscal
year; or
(2) The average of the savings bank’s net income for the
current fiscal year and not more than two of the immediately
preceding fiscal years.
For purposes of this chapter, "net income" shall be determined by generally accepted accounting principles. [1994 c
92 § 364; 1985 c 56 § 23; 1981 c 85 § 43.]
32.32.222
32.32.222 Dividends on preferred stock. A converted
mutual savings bank may pay dividends on preferred stock at
the rate or rates agreed in connection with the issuance of preferred stock if such issuance has been approved by the director. [1994 c 92 § 365; 1985 c 56 § 24.]
32.32.225
32.32.225 Prohibitions on offer, sale, or purchase of
securities. In the offer, sale, or purchase of securities issued
incident to its conversion, no savings bank, or any director,
officer, attorney, agent, or employee thereof, may (1) employ
any device, scheme, or artifice to defraud, or (2) obtain
money or property by means of any untrue statement of a
material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the
circumstances under which they were made, not misleading,
or (3) engage in any act, transaction, practice, or course of
business which operates or would operate as a fraud or deceit
upon a purchaser or seller. [1981 c 85 § 44.]
(2010 Ed.)
32.32.228
32.32.228 Acquisition of control of a converted savings bank—State reciprocity—Definitions. (1) As used in
this section, the following definitions apply:
(a) "Control" means directly or indirectly alone or in
concert with others to own, control, or hold the power to vote
twenty-five percent or more of the outstanding stock or voting power of the controlled entity;
(b) "Acquiring depository institution" means a bank or
bank holding company, or a converted mutual savings bank
or the holding company of a mutual savings bank, or a savings and loan association or the holding company of a savings
and loan association, which is chartered in or whose principal
office is located in another state, and which seeks to acquire
control of a Washington savings bank;
(c) "Acquiring party" means the person acquiring control
of a bank through the purchase of stock;
(d) "Person" means any individual, corporation, partnership, group acting in concert, association, business trust, or
other organization.
(2)(a) It is unlawful for any person to acquire control of
a converted savings bank until thirty days after filing with the
director a completed application. The application shall be
under oath or affirmation, and shall contain substantially all
of the following information plus any additional information
that the director may prescribe as necessary or appropriate in
the particular instance for the protection of bank depositors,
borrowers, or shareholders and the public interest:
(i) The identity and banking and business experience of
each person by whom or on whose behalf acquisition is to be
made;
(ii) The financial and managerial resources and future
prospects of each person involved in the acquisition;
(iii) The terms and conditions of any proposed acquisition and the manner in which the acquisition is to be made;
(iv) The source and amount of the funds or other consideration used or to be used in making the acquisition, and a
description of the transaction and the names of the parties if
any part of these funds or other consideration has been or is
to be borrowed or otherwise obtained for the purpose of making the acquisition;
(v) Any plan or proposal which any person making the
acquisition may have to liquidate the bank, to sell its assets,
to merge it with any other bank, or to make any other major
change in its business or corporate structure or management;
(vi) The identification of any person employed, retained,
or to be compensated by the acquiring party, or by any person
on its behalf, who makes solicitations or recommendations to
shareholders for the purpose of assisting in the acquisition
and a brief description of the terms of the employment,
retainer, or arrangement for compensation;
(vii) Copies of all invitations for tenders or advertisements making a tender offer to shareholders for the purchase
of their stock to be used in connection with the proposed
acquisition; and
(viii) Such additional information as shall be necessary
to satisfy the director, in the exercise of the director’s discretion, that each such person and associate meets the standards
of character, responsibility, and general fitness established
for incorporators of a savings bank under RCW 32.08.040.
(b)(i) Notwithstanding any other provision of this section, and subject to (b)(ii) of this subsection, an acquiring
32.32.228
[Title 32 RCW—page 39]
32.32.228
Title 32 RCW: Mutual Savings Banks
depository institution must apply to the director and notify
the savings bank to be acquired of an intent to acquire control
and the date of the proposed acquisition of control at least
thirty days before the date of the acquisition of control.
(ii) Except to the extent of any conflict with applicable
federal law, (b)(i) of this subsection does not apply to an
acquiring depository institution that is seeking to acquire
control of a Washington savings bank unless the home state
of the acquiring depository institution permits a Washington
converted mutual savings bank, or the Washington-chartered
holding company of a mutual savings bank, to acquire control
of a controlled entity that is chartered in or whose principal
office is located in that home state, unless under terms and
conditions that are substantially the same as, or at least as
favorable to entry as, those provided under (b)(i) of this subsection.
(c) When a person, other than an individual or corporation, is required to file an application under this section, the
director may require that the information required by (a)(i),
(ii), (vi), and (viii) of this subsection be given with respect to
each person, as defined in subsection (1)(d) of this section,
who has an interest in or controls a person filing an application under this subsection.
(d) When a corporation is required to file an application
under this section, the director may require that information
required by (a)(i), (ii), (vi), and (viii) of this subsection be
given for the corporation, each officer and director of the corporation, and each person who is directly or indirectly the
beneficial owner of twenty-five percent or more of the outstanding voting securities of the corporation.
(e) If any tender offer, request, or invitation for tenders
or other agreements to acquire control is proposed to be made
by means of a registration statement under the securities act
of 1933 (48 Stat. 74, 15 U.S.C. Sec. 77(a)) [15 U.S.C. Sec.
77a], as amended, or in circumstances requiring the disclosure of similar information under the securities exchange act
of 1934 (48 Stat. 881, 15 U.S.C. Sec. 78(a)) [15 U.S.C. Sec.
78a], as amended, the registration statement or application
may be filed with the director in lieu of the requirements of
this section.
(f) Any acquiring party shall also deliver a copy of any
notice or application required by this section to the savings
bank proposed to be acquired within two days after such
notice or application is filed with the director.
(g) Any acquisition of control in violation of this section
shall be ineffective and void.
(h) Any person who willfully or intentionally violates
this section or any rule adopted under this section is guilty of
a gross misdemeanor pursuant to chapter 9A.20 RCW. Each
day’s violation shall be considered a separate violation, and
any person shall upon conviction be fined not more than one
thousand dollars for each day the violation continues.
(3) The director may disapprove the acquisition of a savings bank within thirty days after the filing of a complete
application pursuant to subsections (1) and (2) of this section
or an extended period not exceeding an additional fifteen
days if:
(a) The poor financial condition of any acquiring party
might jeopardize the financial stability of the savings bank or
might prejudice the interest of depositors, borrowers, or
shareholders;
[Title 32 RCW—page 40]
(b) The plan or proposal of the acquiring party to liquidate the savings bank, to sell its assets, to merge it with any
person, or to make any other major change in its business or
corporate structure or management is not fair and reasonable
to its depositors, borrowers, or stockholders or is not in public
interest;
(c) The banking and business experience and integrity of
any acquiring party who would control the operation of the
savings bank indicates that approval would not be in the
interest of the savings bank’s depositors, borrowers, or shareholders;
(d) The information provided by the application is insufficient for the director to make a determination or there has
been insufficient time to verify the information provided and
conduct an examination of the qualification of the acquiring
party; or
(e) The acquisition would not be in the public interest.
An acquisition may be made prior to expiration of the
disapproval period if the director issues written notice of
intent not to disapprove the action.
The director shall set forth the basis for disapproval of
any proposed acquisition in writing and shall provide a copy
of such findings and order to the applicants and to the bank
involved. Such findings and order shall not be disclosed to
any other party and shall not be subject to public disclosure
under chapter 42.56 RCW unless the findings and/or order
are appealed pursuant to chapter 34.05 RCW.
Whenever such a change in control occurs, each party to
the transaction shall report promptly to the director any
changes or replacement of its chief executive officer or of any
director occurring in the next twelve-month period, including
in its report a statement of the past and current business and
professional affiliations of the new chief executive officer or
directors.
(4)(a) For a period of ten years following the acquisition
of control by any person, neither such acquiring party nor any
associate shall receive any loan or the use of any of the funds
of, nor purchase, lease, or otherwise receive any property
from, nor receive any consideration from the sale, lease, or
any other conveyance of property to, any savings bank in
which the acquiring party has control except as provided in
(b) of this subsection.
(b) Upon application by any acquiring party or associate
subject to (a) of this subsection, the director may approve a
transaction between a converted savings bank and such
acquiring party, person, or associate, upon finding that the
terms and conditions of the transaction are at least as advantageous to the savings bank as the savings bank would obtain
in a comparable transaction with an unaffiliated person.
(5) Except with the consent of the director, no converted
savings bank shall, for the purpose of enabling any person to
purchase any or all shares of its capital stock, pledge or otherwise transfer any of its assets as security for a loan to such
person or to any associate, or pay any dividend to any such
person or associate. Nothing in this section shall prohibit a
dividend of stock among shareholders in proportion to their
shareholdings. In the event any clause of this section is
declared to be unconstitutional or otherwise invalid, all
remaining dependent and independent clauses of this section
shall remain in full force and effect. [2005 c 348 § 5; 2005 c
274 § 259; 1994 c 92 § 366; 1989 c 180 § 6; 1985 c 56 § 25.]
(2010 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
Reviser’s note: This section was amended by 2005 c 274 § 259 and by
2005 c 348 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2005 c 348: See note following RCW 30.38.005.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
32.32.230
32.32.230 Nonapproval of conversion unless acquisition of control within three years by certain companies
prohibited. (1) No conversion may be approved by the
director unless the plan of conversion provides that the converted savings bank shall enter into an agreement with the
director, in form satisfactory to the director, which shall provide that for a period of three years following the conversion
any company significantly engaged in an unrelated business
activity, either directly or through an affiliate thereof, shall
not be permitted, regardless of the form of the transaction, to
acquire control of the converted savings bank. Any acquisition of a converted savings bank shall also comply with RCW
32.32.228.
(2) As used in this section:
(a) The term "affiliate" means any person or company
which controls, is controlled by, or is under common control
with, a specified company.
(b) A person or company shall be deemed to have "control" of:
(i) A savings bank if the person directly or indirectly or
acting in concert with one or more other persons, or through
one or more subsidiaries, owns, controls, or holds with power
to vote, or holds proxies representing, more than twenty-five
percent of the voting shares of the savings bank, or controls
in any manner the election of a majority of the directors of the
bank;
(ii) Any other company if the person directly or indirectly or acting in concert with one or more other persons, or
through one or more subsidiaries, owns, controls, or holds
with power to vote, or holds proxies representing, more than
twenty-five percent of the voting shares or rights of the other
company, or controls in any manner the election or appointment of a majority of the directors or trustees of the other
company, or is a general partner in or has contributed more
than twenty-five percent of the capital of the other company;
(iii) A trust if the person is a trustee thereof; or
(iv) A savings bank or any other company if the director
determines, after reasonable notice and opportunity for hearing, that the person directly or indirectly exercises a controlling influence over the management or policies of the savings
bank or other company.
(c) A company shall be deemed to be "significantly
engaged" in an unrelated business activity if its unrelated
business activities would represent, on either an actual or a
pro forma basis, more than fifteen percent of its consolidated
net worth at the close of this preceding fiscal year or of its
consolidated net earnings for such fiscal year.
(d) The term "unrelated business activity" means any
business activity not authorized for a savings bank or any
subsidiary thereof. [1994 c 92 § 367; 1985 c 56 § 26; 1981 c
85 § 45.]
(2010 Ed.)
32.32.250
32.32.235 Plan of conversion—Charter restrictions
permitted. To the extent permitted by applicable federal or
state law, a plan of conversion may provide for a provision in
the charter of the converted savings bank containing, in substance, the restriction set forth in RCW 32.32.230. There may
also be included a restriction providing that the charter provision may be amended only by a vote of up to seventy-five
percent of the votes eligible to be cast at a regular or special
meeting of shareholders of the converted savings bank. If the
converted savings bank elects to adopt the foregoing optional
charter provision, the director shall impose, as a condition to
approval of the conversion, a requirement that the converted
savings bank fully enforce the charter provision. [1994 c 92
§ 368; 1981 c 85 § 46.]
32.32.235
32.32.240 Confidentiality of consideration to convert—Remedial measures for breach. A savings bank
which is considering converting pursuant to this chapter and
its directors, officers, and employees shall keep this consideration in the strictest confidence and shall only discuss the
potential conversion as would be consistent with the need to
prepare information for filing an application for conversion.
Should this confidence be breached the director may require
remedial measures including:
(1) A public statement by the savings bank that its board
of directors is currently considering converting pursuant to
this chapter;
(2) Providing for an eligibility record date which shall be
as of such a date prior to the adoption of the plan by the converting savings bank’s board of directors as to assure the
equitability of the conversion;
(3) Limitation of the subscription rights of any person
violating or aiding the violation of this section to an amount
deemed appropriate by the director; and
(4) Any other actions the director may deem appropriate
and necessary to assure the fairness and equitability of the
conversion. [1994 c 92 § 369; 1981 c 85 § 47.]
32.32.240
32.32.245 Public statement authorized. If it should
become essential as a result of rumors prior to the adoption of
a plan of conversion by the applicant’s board of directors, a
public statement limited to that purpose may be made by the
applicant. [1981 c 85 § 48.]
32.32.245
32.32.250 Adoption of plan of conversion—Notice to
and inspection by account holders—Statement and letter—Press release authorized. Promptly after the adoption
of a plan of conversion by not less than two-thirds of its board
of directors, the savings bank shall:
(1) Notify its account holders of the action by publishing
a statement in a newspaper having general circulation in each
community in which an office of the savings bank is located
and/or by mailing a letter to each of its account holders; and
(2) Have copies of the adopted plan of conversion available for inspection by its account holders at each office of the
savings bank.
The savings bank may also issue a press release with
respect to the action. Copies of the proposed statement, letter,
and press release are not required to be filed with the director
but may be submitted to the director for comment. Copies of
the definitive statement, letter, and press release shall be filed
32.32.250
[Title 32 RCW—page 41]
32.32.255
Title 32 RCW: Mutual Savings Banks
with the director as part of the application for conversion.
[1994 c 92 § 370; 1981 c 85 § 49.]
32.32.255 Statement, letter, and press release—Content permitted. The statement, letter, and press release of
the applicant issued pursuant to RCW 32.32.250, unless otherwise authorized by the director, shall contain only (but need
not contain all of) the following:
(1) A statement that the board of directors has adopted a
plan to convert the savings bank from a mutual savings bank
to a capital stock savings bank;
(2) A statement that the plan of conversion is subject to
approval by the director and by the appropriate federal regulatory authority or authorities (naming such an authority or
authorities) before the plan can become effective and that
account holders of the applicant will have an opportunity to
file written comments including objections and materials
supporting the objections with the director;
(3) A statement that the plan of conversion is contingent
upon obtaining favorable tax rulings from the Internal Revenue Service or an appropriate tax opinion;
(4) A statement that there is no assurance that the
approval of the director or the approval of any appropriate
federal authority or authorities will be obtained, and also no
assurance that the favorable tax rulings or tax opinion will be
received;
(5) The proposed record date for determining the eligible
account holders entitled to receive nontransferable subscription rights to purchase capital stock of the applicant;
(6) A brief statement describing the circumstances that
would require supplemental eligible account holders to
receive nontransferable subscription rights to purchase capital stock of the applicant;
(7) A brief description of the plan of conversion;
(8) The par value and approximate number of shares of
capital stock to be issued and sold under the plan of conversion;
(9) A brief statement as to the extent to which directors,
officers, and employees will participate in the conversion;
(10) A statement that savings account holders will continue to hold accounts in the converted savings bank identical
as to dollar amount, rate of return, and general terms and that
their accounts will continue to be insured by the Federal
Deposit Insurance Corporation;
(11) A statement that borrowers’ loans will be unaffected
by conversion and that the amount, rate, maturity, security,
and other conditions will remain contractually fixed as they
existed prior to conversion;
(12) A statement that the normal business of the savings
bank in accepting savings and making loans will continue
without interruption; that the converted savings bank will
continue after conversion to conduct its present services to
savings account holders and borrowers under current policies
to be carried on in existing offices and by the present management and staff;
(13) A statement that the plan of conversion may be substantively amended or terminated by the board of directors
with the concurrence of the director; and
(14) A statement that questions of account holders may
be answered by telephoning or writing to the savings bank.
[1994 c 92 § 371; 1981 c 85 § 50.]
32.32.255
[Title 32 RCW—page 42]
32.32.260 Statement, letter, and press release—Contents prohibited—Inquiries. The statement, letter, and
press release of the applicant issued pursuant to RCW
32.32.250 shall not include financial statements or describe
the benefits of conversion or the value of the capital stock of
the savings bank upon conversion. In replying to inquiries,
the savings bank should limit its answers to the matters listed
in RCW 32.32.255. [1981 c 85 § 51.]
32.32.260
32.32.265 Notices of filing of application—Requests
for subscription offering circular. Upon determination that
an application for conversion is properly executed and is not
materially incomplete, the director shall advise the applicant,
in writing, to publish notices of the filing of the application.
Promptly after receipt of the advice, the applicant shall furnish a written notice of the filing to each eligible account
holder and also publish a notice of the filing in a newspaper
printed in the English language and having general circulation in each community in which an office of the applicant is
located, as follows:
32.32.265
NOTICE OF FILING OF AN APPLICATION
FOR APPROVAL TO CONVERT TO A
STOCK SAVINGS BANK
Notice is hereby given that, pursuant to chapter
32.32 of the Revised Code of Washington
.......................................
(fill in name of applicant)
has filed an application with the Director of Financial Institutions for approval to convert to the stock
form of organization. Copies of the application
have been delivered to (address) .
Written comments, including objections to the plan
of conversion and materials supporting the objections, from any account holder of the applicant or
aggrieved person, will be considered by the director
if filed within twenty business days after the date of
this notice. Failure to make written comments in
objection may preclude the pursuit of any administrative or judicial remedies. Three copies of the
comments should be sent to the aforementioned.
The proposed plan of conversion and any comments
thereon will be available for inspection by any
account holder of the applicant at (address) . A
copy of the plan may also be inspected at each office
of the applicant.
If a significant number of the applicant’s account holders
speak a language other than English and a newspaper in that
language is published in the area served by the applicant, an
appropriate translation of the notice shall also be published in
that newspaper. A notice sent by mail may be accompanied
by the statement that the converting institution will not mail a
subscription offering circular to an eligible account holder or
a supplemental eligible account holder unless the eligible
account holder or the supplemental eligible account holder,
prior to the commencement of the subscription offering,
requests the subscription offering circular by returning a
postcard. The issuer of stock in the conversion shall pay the
(2010 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
postage of this postcard and shall inform the eligible account
holder or supplemental eligible holder that the postage is
paid. [1994 c 92 § 372; 1985 c 56 § 27; 1981 c 85 § 52.]
32.32.270 Filing of notice and affidavit of publication
required. Promptly after publication of the notices prescribed in RCW 32.32.265, the applicant shall file with the
director the notice and affidavit of publication from each
newspaper publisher in the manner the director shall require.
[1994 c 92 § 373; 1981 c 85 § 53.]
32.32.270
32.32.275 Applications available for public inspection—Confidential information. Should the applicant
desire to submit any information it deems to be of a confidential nature regarding any item or a part of any exhibit
included in any application under this chapter, the information pertaining to the item or exhibit shall be separately
bound and labeled "confidential", and a statement shall be
submitted therewith briefly setting forth the grounds on
which the information should be treated as confidential.
Only general reference thereto need be made in that portion
of the application which the applicant deems not to be confidential. Applications under this chapter shall be made available for inspection by the public, except for portions which
are bound and labeled "confidential" and which the director
determines to withhold from public availability under chapter
42.56 RCW. The applicant shall be advised of any decision
by the director to make public information designated as
"confidential" by the applicant. Even though sections of the
application are considered "confidential" as far as public
inspection thereof is concerned, to the extent the director
deems necessary the director may comment on the confidential submissions in any public statement in connection with
the director’s decision on the application without prior notice
to the applicant. [2005 c 274 § 260; 1994 c 92 § 374; 1981 c
85 § 54.]
32.32.275
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
32.32.280 Offers and sales of securities—Prohibitions. No offer to sell securities of an applicant pursuant to a
plan of conversion may be made prior to approval by the
director of the application for conversion. No sale of these
securities in the subscription offering may be made except by
means of the final offering circular for the subscription offering. No sale of unsubscribed securities may be made except
by means of the final offering circular for the public offering
or direct community marketing. The offering of shares in the
direct community marketing may commence during the subscription offering upon the declaration of effectiveness by the
director of the offering circular proposed for the community
offering. This section shall not apply to preliminary negotiations or agreements between an applicant and any underwriter or among underwriters who are to be in privity of contract with the applicant. [1994 c 92 § 375; 1981 c 85 § 55.]
32.32.280
32.32.285 Distribution of offering circulars authorized. Any preliminary offering circular for the subscription
offering, the public offering, or the direct community marketing which has been filed with the director may be distributed
32.32.285
(2010 Ed.)
32.32.305
to eligible account holders or supplemental eligible account
holders and to others in connection with the offering after the
director has advised the applicant in writing that the application is properly executed and is not materially incomplete
under RCW 32.32.265. No final offering circular may be distributed until the offering circular has been declared effective
by the director. [1994 c 92 § 376; 1981 c 85 § 56.]
32.32.290 Preliminary offering circular for subscription offering—Estimated subscription price range
required. With respect to the capital stock of the applicant to
be sold under the plan of conversion, any preliminary offering circular for the subscription offering shall set forth the
estimated subscription price range. The maximum of the
price range should normally be no more than fifteen percent
above the average of the minimum and maximum of the price
range and the minimum should normally be no more than fifteen percent below this average. The maximum price used in
the price range should normally be no more than fifty dollars
per share and the minimum no less than five dollars per share.
[1994 c 256 § 106; 1981 c 85 § 57.]
32.32.290
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.295 Review of price information by director.
The director shall review the price information required
under RCW 32.32.290 in determining whether to give
approval to an application for conversion. No representations
may be made in any manner that the price information has
been approved by the director or that the shares of capital
stock sold pursuant to the plan of conversion have been
approved or disapproved by the director or that the director
has passed upon the accuracy or adequacy of any offering circular covering the shares. [1994 c 92 § 377; 1981 c 85 § 58.]
32.32.295
32.32.300 Underwriting commissions. Underwriting
commissions shall not exceed an amount or percentage per
share acceptable to the director. No underwriting commission
may be allowed or paid with respect to shares of capital stock
sold in the subscription offering; however, an underwriter
may be reimbursed for accountable expenses in connection
with the subscription offering where the public offering is so
small that reasonable underwriting commissions thereon
would not be sufficient to cover total accountable expenses.
The term "underwriting commissions" includes underwriting
discounts. [1994 c 92 § 378; 1981 c 85 § 59.]
32.32.300
32.32.305 Consideration of pricing information by
director—Guidelines. In considering the pricing information required under RCW 32.32.290, the director shall apply
the following guidelines:
(1) The materials shall be prepared by persons independent of the applicant, experienced and expert in the area of
corporate appraisal, and acceptable to the director;
(2) The materials shall contain data which are sufficient
to support the conclusions reached therein;
(3) The materials shall contain a complete and detailed
description of the appraisal methodology employed; and
(4) To the extent that the appraisal is based on a capitalization of the pro forma income of the converted savings
bank, the materials shall indicate the basis for determination
32.32.305
[Title 32 RCW—page 43]
32.32.310
Title 32 RCW: Mutual Savings Banks
of the income to be derived from the proceeds of the sale of
stock and demonstrate the appropriateness of the earnings
multiple used, including assumptions made as to future earnings growth. To the extent that the appraisal is based on comparison of the capital stock of the applicant with outstanding
capital stock of existing stock savings banks or stock savings
and loan associations, the materials shall demonstrate the
appropriate comparability of the form and substance of the
outstanding capital stock and the appropriate comparability
of the existing stock savings banks and stock savings and
loan associations in terms of such factors as size, market area,
competitive conditions, profit history, and expected future
earnings. [1994 c 92 § 379; 1981 c 85 § 60.]
32.32.310
32.32.310 Submission of information by applicant.
In addition to the information required in RCW 32.32.305,
the applicant shall submit information demonstrating to the
satisfaction of the director the independence and expertise of
any person preparing materials under RCW 32.32.305. However, a person will not be considered as lacking independence
for the reason that the person will participate in effecting a
sale of capital stock under the plan of conversion or will
receive a fee from the applicant for services rendered in connection with the appraisal. [1994 c 92 § 380; 1981 c 85 § 61.]
32.32.315
32.32.315 Subscription offering—Distribution of
order forms for the purchase of shares. Promptly after the
director has declared the offering circular for the subscription
offering effective, the applicant shall distribute order forms
for the purchase of shares of capital stock in the subscription
offering to all eligible account holders, supplemental eligible
account holders (if applicable), and other persons who may
subscribe for the shares under the plan of conversion. [1994
c 92 § 381; 1981 c 85 § 62.]
32.32.320
32.32.320 Order forms—Final offering circular and
detailed instructions. Each order form distributed pursuant
to RCW 32.32.315 shall be accompanied or preceded by the
final offering circular for the subscription offering and a set
of detailed instructions explaining how to properly complete
the order forms. [1981 c 85 § 63.]
32.32.325
32.32.325 Subscription price. The maximum subscription price stated on each order form distributed pursuant to
RCW 32.32.315 shall be the amount to be paid when the
order form is returned. The maximum subscription price and
the actual subscription price shall be within the subscription
price range stated in the director’s approval and the offering
circular. If either the maximum subscription price or the
actual subscription price is not within this subscription price
range, the applicant shall obtain an amendment to the director’s approval. If appropriate, the director shall condition the
giving of amended approval by requiring a resolicitation of
order forms. If the actual public offering price is less than the
maximum subscription price stated on the order form, the
actual subscription price shall be correspondingly reduced
and the difference shall be refunded to those who have paid
the maximum subscription price. [1994 c 92 § 382; 1981 c 85
§ 64.]
[Title 32 RCW—page 44]
32.32.330 Order form—Contents. Each order form
distributed pursuant to RCW 32.32.315 shall be prepared so
as to indicate to the person receiving it, in as simple, clear,
and intelligible a manner as possible, the actions which are
required or available to the person with respect to the form
and the capital stock offered for purchase thereby. Specifically, each order form shall:
(1) Indicate the maximum number of shares that may be
purchased pursuant to the subscription offering;
(2) Indicate the period of time within which the subscription rights must be exercised, which period of time shall not
be less than twenty days following the date of the mailing of
the order form;
(3) State the maximum subscription price per share of
capital stock;
(4) Indicate any requirements as to the minimum number
of shares of capital stock which may be purchased;
(5) Provide a specifically designated blank space or
spaces for indicating the number of shares of capital stock
which the eligible account holder or other person wishes to
purchase;
(6) Indicate that payment may be made by cash if delivered in person or by check or by withdrawal from an account
holder’s savings account. If payment is to be made by withdrawal, a box to check should be provided;
(7) Provide specifically designated blank spaces for dating and signing the order form;
(8) Contain an acknowledgment by the account holder or
other person signing the order form that the person has
received the final offering circular for the subscription offering prior to signing; and
(9) Indicate the consequences of failing to properly complete and return the order form, including a statement that the
subscription rights are nontransferable and will become void
at the end of the subscription period. The order form may,
and the set of instructions shall, indicate the place or places to
which the order forms are to be returned and when the applicant will consider order forms received, such as by date and
time of actual receipt in the applicant’s offices or by date and
time of postmark. [1981 c 85 § 65.]
32.32.330
32.32.335 Order form—Additional provision authorized—Payment by withdrawal. The order form distributed pursuant to RCW 32.32.315 may provide that it may not
be modified without the applicant’s consent after its receipt
by the applicant. If payment is to be made by withdrawal
from a savings account the applicant may, but need not, cause
the withdrawal to be made upon receipt of the order form. If
the withdrawal is made at any time prior to the closing date of
the public offering, the applicant shall pay interest to the
account holder on the account withdrawn as if the amount
had remained in the account from which it was withdrawn
until the closing date. [1981 c 85 § 66.]
32.32.335
32.32.340 Time period for completion of sale of all
shares of capital stock. The sale of all shares of capital
stock of the converting savings bank to be made under the
plan of conversion, including any sale in a public offering or
direct community marketing, shall be completed as promptly
as possible and within forty-five calendar days after the last
32.32.340
(2010 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
32.32.405
day of the subscription period, unless extended by the director. [1994 c 92 § 383; 1981 c 85 § 67.]
describing those portions of the filing as to which he or she
does not so represent. [1994 c 92 § 387; 1981 c 85 § 73.]
32.32.345 Copies of application for approval to be
filed. An applicant that desires to convert in accordance with
this chapter shall file copies of an application for approval in
the form and number prescribed by the director. [1994 c 92 §
384; 1981 c 85 § 68.]
32.32.375 Application to furnish information. Every
application shall furnish information in accordance with this
chapter and with the requirements and forms prescribed by
the director. [1994 c 92 § 388; 1981 c 85 § 74.]
32.32.345
32.32.375
32.32.380 Application—Additional information
required. In addition to the information expressly required
to be included in any application under this chapter, there
shall be added such further material information, if any, as
may be necessary to make the required statements, in the
light of the circumstances under which they are made, not
misleading. [1981 c 85 § 75.]
32.32.380
32.32.350 Nonacceptance and return of applications.
Any application for approval that is improperly executed, or
that does not contain copies of a plan of conversion, amendments to the charter of the applicant in the form of new articles of incorporation, and preliminary offering circulars for
the subscription offering and for the public offering or direct
community marketing shall not be accepted for filing and
shall be returned to the applicant. Any application for
approval containing a materially incomplete plan of conversion or offering circular may be returned by the director to the
applicant. [1994 c 92 § 385; 1981 c 85 § 69.]
32.32.350
32.32.355 Continuity of corporate existence. Upon
the filing of the articles of incorporation of a converted savings bank with the secretary of state in accordance with RCW
32.32.485, the corporate existence of the mutual savings bank
converting to a stock savings bank pursuant to this chapter
shall not terminate but the converted savings bank shall be
deemed to be a continuation of the entity of the mutual savings bank so converted having the same rights and obligations as it had prior to the conversion. [1981 c 85 § 70.]
32.32.355
32.32.360 Form of application. The form of the application shall comply with the requirements of the director.
[1994 c 92 § 386; 1981 c 85 § 71.]
32.32.360
32.32.365 Representations upon filing of application.
Except as provided in RCW 32.32.370, the filing of any
application or amendment thereto under this chapter shall
constitute a representation of the applicant by its duly authorized representative, the applicant’s principal executive
officer, the applicant’s principal financial officer, and the
applicant’s principal accounting officer, and each member of
the applicant’s board of directors (whether or not the director
has signed the application or any amendment thereto) severally that (1) he or she has read the application or amendment,
(2) in the opinion of each such person he or she has made
such examination and investigation as is necessary to enable
him or her to express an informed opinion that the application
or amendment complies to the best of his or her knowledge
and belief with the applicable requirements of this chapter,
and (3) each such person holds this informed opinion. [1981
c 85 § 72.]
32.32.365
32.32.370 Representations upon filing of application—Exception. The representations specified in RCW
32.32.365 shall not be deemed to have been made by any
director of the applicant who did not sign the application or
any amendment thereto, if, and only to the extent that, the
director files with the director within ten business days after
the filing of the application or amendment a statement
32.32.370
(2010 Ed.)
32.32.385 Omission of certain information permitted—Conditions. Information required need be given only
insofar as it is known or reasonably available to the applicant.
If any required information is unknown and not reasonably
available to the applicant, either because the obtaining
thereof would involve unreasonable effort or expense or
because it rests peculiarly within the knowledge of another
person not affiliated with the applicant, the information may
be omitted, subject to the following conditions:
(1) The applicant shall give such information on the subject as it possesses or can acquire without unreasonable effort
or expense, together with the sources thereof.
(2) The applicant shall include a statement either showing that unreasonable effort or expense would be involved or
indicating the absence of any affiliation with the person
within whose knowledge the information rests and stating the
result of a request made to the person for the information.
[1981 c 85 § 76.]
32.32.385
32.32.390 Offering circular—Certain manner of presentation of required information prohibited. The information required in an offering circular shall not be set forth in
such fashion as to obscure any of the required information or
any information necessary to keep the required information
from being incomplete or misleading. [1981 c 85 § 77.]
32.32.390
32.32.395 Form and contents of filings. The form and
contents of any filing made under this chapter need conform
only to the applicable requirements and forms prescribed by
the director then in effect, and contain the information,
including financial statements, required at the time the filing
is made, notwithstanding subsequent changes, except as otherwise provided in any such amendment or in RCW
32.32.400. [1994 c 92 § 389; 1981 c 85 § 78.]
32.32.395
32.32.400 Conformance required to order prohibiting the use of any filing. Whenever the director prohibits by
order or otherwise the use of any filing under this chapter, the
form and contents of any filing used thereafter shall conform
to the requirements of the order. [1994 c 92 § 390; 1981 c 85
§ 79.]
32.32.400
32.32.405 Application—Certain named persons—
Filing of written consent required. (1) If any accountant,
32.32.405
[Title 32 RCW—page 45]
32.32.410
Title 32 RCW: Mutual Savings Banks
attorney, investment banker, appraiser, or other persons
whose professions give authority to a statement made in any
application under this chapter is named as having prepared,
reviewed, passed upon, or certified any part thereof, or any
report or valuation for use in connection therewith, the written consent of the person shall be filed with the application. If
any portion of a report of an expert is quoted or summarized
as such in any filing under this chapter, the written consent of
the expert shall expressly state that the expert consents to this
quotation or summarization.
(2) All written consents filed pursuant to this section
shall be dated and signed manually. A list of the consents
shall be filed with the application. Where the consent of the
expert is contained in the expert’s report, a reference shall be
made in the list to the report containing the consent. [1981 c
85 § 80.]
32.32.410
32.32.410 Offering circular—Certain named persons—Filing of written consent required. If any person
who has not signed an application is named in the offering
circular as about to become a director, the written consent of
this person shall be filed with the director in the form the
director prescribes. [1994 c 92 § 391; 1981 c 85 § 81.]
32.32.415
32.32.415 Date of receipt—Date of filing. The date on
which any documents are actually received by the office of
the director of financial institutions shall be the date of filing
thereof. [1994 c 92 § 392; 1981 c 85 § 82.]
same manner as the director of financial institutions’, and
shall be final. [1994 c 92 § 394; 1981 c 85 § 84.]
32.32.430 Postconversion reports. The applicant shall
file such postconversion reports concerning its conversion as
the director may require. [1994 c 92 § 395; 1981 c 85 § 85.]
32.32.430
32.32.435 Definitions. For purposes of RCW
32.32.440 through 32.32.475, the following definitions shall
apply:
(1) The term "offer" includes every offer to buy or
acquire, solicitation of an offer to sell, tender offer for, or
request or invitation for tenders of, a security or interest in a
security for value.
(2) The term "person" means an individual, a group acting in concert, a corporation, a partnership, an association, a
joint stock company, a trust, and any unincorporated organization or similar company.
(3) Without limitation on the generality of its meaning,
the term "security" includes nontransferable subscription
rights issued to a plan of conversion. [1981 c 85 § 86.]
32.32.435
32.32.440 Certain agreement to transfer and transfers of ownership in rights or securities prohibited. Prior
to completion of a conversion, no person may transfer or
enter into any agreement or understanding to transfer the
legal or beneficial ownership of conversion subscription
rights, or the underlying securities, to the account of another.
[1981 c 85 § 87.]
32.32.440
32.32.420
32.32.420 Availability for conferences in advance of
filing of application—Refusal of prefiling review. (1) The
staff of the director shall be available for conferences with
prospective applicants or their representatives in advance of
filing an application to convert. These conferences may be
held for the purpose of discussing generally the problems
confronting an applicant in effecting conversion or to resolve
specific problems of an unusual nature.
(2) Prefiling review of an application may be refused by
the staff of the director if the review would delay the examination and processing of material which has already been
filed or would favor certain applicants at the expense of others. In any conference under this section, the staff of the
director shall not undertake to prepare material for filing but
shall limit itself to indicating the kind of information
required, leaving the actual drafting to the applicant and its
representatives. [1994 c 92 § 393; 1981 c 85 § 83.]
32.32.445 Certain offers and announcements on
securities prohibited. Prior to completion of a conversion,
no person may make any offer, or announcement of an offer
or intent to make an offer, for any security of a converting
savings bank issued or to be issued in connection with the
conversion. [1981 c 85 § 88.]
32.32.445
32.32.450 Certain offers and acquisitions prohibited.
No person for a period of three years following the date of the
conversion may directly or indirectly offer to acquire or
acquire the beneficial ownership of more than ten percent of
any class of an equity security of any savings bank converted
in accordance with this chapter without the prior written
approval of the director of financial institutions. [1994 c 92 §
396; 1981 c 85 § 89.]
32.32.450
32.32.455 Nonapplicability of RCW 32.32.440 and
32.32.445. RCW 32.32.440 and 32.32.445 shall not apply to
a transfer, agreement or understanding to transfer, offer, or
announcement of an offer or intent to make an offer which (1)
pertains only to securities to be purchased pursuant to RCW
32.32.060, 32.32.150, or 32.32.175; and (2) has prior written
approval of the director. [1994 c 92 § 397; 1981 c 85 § 90.]
32.32.455
32.32.425
32.32.425 Appeal from refusal to approve application. From the director of financial institutions’ refusal to
approve an application for conversion, the applicant may,
within thirty days from the date of the mailing by the director
of financial institutions of notice of refusal to approve, appeal
to a board of appeal composed of the governor or the governor’s designee, the attorney general, and the director of financial institutions by filing in the office of the director of financial institutions a notice that it appeals to this board from the
director of financial institutions’ refusal. The procedure upon
the appeal shall be such as the board may prescribe, and its
determination shall be certified, filed, and recorded in the
[Title 32 RCW—page 46]
32.32.460 Nonapplicability of RCW 32.32.445 and
32.32.450. RCW 32.32.445 and 32.32.450 shall not apply to
any offer with a view toward public resale made exclusively
to the savings bank or underwriters or selling group acting on
its behalf. [1981 c 85 § 91.]
32.32.460
(2010 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
32.32.465 Nonapplicability of RCW 32.32.450.
Unless made applicable by the director by prior advice in
writing, the prohibition contained in RCW 32.32.450 shall
not apply to any offer or announcement of an offer which if
consummated would result in acquisition by a person,
together with all other acquisitions by the person of the same
class of securities during the preceding twelve-month period,
of not more than one percent of the same class of securities.
[1994 c 92 § 398; 1981 c 85 § 92.]
32.32.465
32.32.470 Approval of certain applications prohibited. The director shall not approve an application involving
an offer for, an announcement thereof, or an acquisition of
any security of a converted savings bank submitted under
RCW 32.32.450 if the director finds that the offer frustrates
the purposes of this chapter, is manipulative or deceptive,
subverts the fairness of the conversion, is likely to result in
injury to the savings bank, is not consistent with savings
banking under Title 32 RCW, or is otherwise violative of law
or regulation. [1994 c 92 § 399; 1981 c 85 § 93.]
32.32.470
32.32.475 Penalty for violations. For willful violation
or assistance of such a violation of any provision of RCW
32.32.440 through 32.32.470, any person who (1) has any
connection with the management of a converting or converted savings bank, including any director, officer,
employee, attorney, or agent, or (2) controls more than ten
percent of the outstanding shares of any class of equity security or voting rights thereto of a converting or converted savings bank shall be subject to a civil penalty of not more than
five hundred dollars (which penalty shall be cumulative to
any other remedies) for each day that the violation continues,
which penalty the director may recover by suit or otherwise
for the director’s own use. The director in his or her discretion may, at any time before collection of the penalty
(whether before or after the bringing of any action or other
legal proceedings, the obtaining of any judgment or other
recovery, or the issuance or levy of any execution or other
legal process thereof), compromise or remit in whole or in
part the penalty. [1994 c 92 § 400; 1981 c 85 § 94.]
32.32.475
32.32.480 Name of converted savings bank. A savings bank shall not be forbidden or required to change its corporate name as a result of its conversion pursuant to this
chapter. [1994 c 256 § 107; 1981 c 85 § 95.]
32.32.480
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.485 Amendments to charter required in application—Articles of incorporation—Filing of certificate
required—Contents—Issuance and filing of authorization certificate. (1) An application for conversion under this
chapter shall include amendments to the charter of the converting savings bank. The charter of the converted savings
bank, as amended, shall be known after the conversion as the
articles of incorporation of the converted savings bank. The
articles of incorporation may limit or permit the preemptive
rights of a shareholder to acquire unissued shares of the converted savings bank and may thereafter by amendment limit,
deny, or grant to shareholders of any class of stock or of any
series of preferred stock the preemptive right to acquire addi32.32.485
(2010 Ed.)
32.32.485
tional shares of the converted savings bank whether then or
thereafter authorized. The articles of incorporation may
establish or may specify procedures, in accordance with
RCW 30.08.083, for the division of a class of preferred stock
into series. In addition to such provisions and the provisions
permitted pursuant to RCW 23B.17.030, the articles of incorporation shall contain such other provisions not inconsistent
with this chapter as the board of directors of the converting
savings bank may determine and as shall be approved by the
director of financial institutions.
(2) When all of the stock of a converting savings bank
has been subscribed for in accordance with the plan and any
amendments thereto, the board of trustees shall thereupon
issue the stock and shall cause to be filed with the director of
financial institutions, in triplicate, a certificate subscribed by
the persons who are to be directors of the converted savings
bank, stating:
(a) That all of the stock of the converted mutual savings
bank has been issued;
(b) That the attached articles of incorporation have been
executed by all of the persons who are to be directors of the
converted mutual savings bank;
(c) The place where the bank is to be located and its business transacted, naming the city or town and county, which
city or town shall be the same as that where the principal
place of business of the mutual savings bank has theretofore
been located;
(d) The name, occupation, residence, and post office
address of each signer of the certificate; and
(e) The amount of the assets of the mutual savings bank,
the amount of its liabilities, and the amount of its guaranty
fund and nondivided profits as of the first day of the current
calendar month.
(3) Upon the filing of the certificate in triplicate, the
director of financial institutions shall, within thirty days
thereafter, if satisfied that the corporation has complied with
all the provisions of this chapter, issue in triplicate an authorization certificate stating that the corporation has complied
with all the requirements of law, and that it has authority to
transact at the place designated in its articles of incorporation
the business of a converted mutual savings bank. One of the
director of financial institutions’ certificates of authorization
shall be attached to each of the articles of incorporation, and
one set of these shall be filed and retained by the director of
financial institutions, one set shall be filed in the office of the
secretary of state, and one set shall be transmitted to the bank
for its files. Upon the receipt from the corporation of the same
fees as are required for filing and recording other incorporation certificates or articles the secretary of state shall record
the same; whereupon the conversion of the mutual savings
bank shall be deemed complete, the requirements of RCW
32.08.010 relating to the incorporation certificate of an
unconverted mutual savings bank shall no longer apply, and
the signers of the articles of incorporation and their successors shall be a corporation having the powers and being subject to the duties and obligations prescribed by the laws of
this state applicable to converted mutual savings banks, and
the time of existence of the corporation shall be perpetual,
unless terminated pursuant to law. [1994 c 256 § 108; 1994 c
92 § 401; 1981 c 85 § 96.]
[Title 32 RCW—page 47]
32.32.490
Title 32 RCW: Mutual Savings Banks
Reviser’s note: This section was amended by 1994 c 92 § 401 and by
1994 c 256 § 108, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.490 Amendments to articles of incorporation.
(1) Amendments to the articles of incorporation of the converted savings bank shall be made only with the approvals of
the director, of two-thirds of the directors of the savings bank,
and of the holders of a majority of each class of the outstanding shares of capital stock or such greater percentage of these
shares as may be specified in the articles of the converted
savings bank.
(2) Unless the articles of incorporation provide otherwise, the board of directors of a savings bank may, by majority vote, amend the savings bank’s articles of incorporation as
provided in this section without shareholder action:
(a) If the savings bank has only one class of shares outstanding, to provide, change, or eliminate any provision with
respect to the par value of any class of shares;
(b) To delete the name and address of the initial directors;
(c) If the savings bank has only one class of shares outstanding, solely to change the number of authorized shares to
effectuate a split of, or stock dividend in, the savings bank’s
own shares, or solely to do so and to change the number of
authorized shares in proportion thereto;
(d) To change the savings bank’s name; or
(e) To make any other change expressly permitted by
this title to be made without shareholder action. [1994 c 256
§ 109; 1994 c 92 § 402; 1985 c 56 § 28; 1981 c 85 § 97.]
32.32.490
Reviser’s note: This section was amended by 1994 c 92 § 402 and by
1994 c 256 § 109, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
annually, the converted savings bank’s articles of incorporation or bylaws may provide that the directors be divided into
either two or three classes, each class to be as nearly equal in
number as possible, the term of office of directors of the first
class to expire at the first annual meeting of shareholders
after their election, that of the second class to expire at the
second annual meeting after their election, and that of the
third class, if any, to expire at the third annual meeting after
their election. At each annual meeting after such classification, the number of directors equal to the number of the class
whose term expires at the time of such meeting shall be
elected to hold office until the second succeeding annual
meeting, if there are two classes, or until the third succeeding
annual meeting, if there are three classes. A classification of
directors shall not be effective prior to the first annual meeting of shareholders.
(3) Each director, so far as the duty devolves upon him or
her, shall diligently and honestly administer the affairs of the
corporation and shall not knowingly violate or willingly permit to be violated any provision of law applicable to the corporation.
(4) A vacancy occurring in the board of directors may be
filled by the affirmative vote of a majority of the remaining
directors. A director elected to fill a vacancy shall be elected
for the unexpired term of the director’s predecessor in office.
A directorship to be filled by reason of an increase in the
number of directors may be filled by the board of directors
for a term of office continuing only until the next election of
directors by the shareholders. [1994 c 256 § 110; 1994 c 92
§ 403; 1985 c 56 § 29; 1983 c 44 § 3; 1981 c 85 § 98.]
Reviser’s note: This section was amended by 1994 c 92 § 403 and by
1994 c 256 § 110, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.497 Conversions incident to acquisition by savings bank holding company or merger or consolidation
with savings bank holding company subsidiary—Application of RCW 32.32.110 and 32.32.115. (1) In a conversion of an unconverted mutual savings bank that is in the process of acquisition by a savings bank holding company or in
the process of merger or consolidation with a subsidiary of a
savings bank holding company, the restrictions imposed by
RCW 32.32.110 on resale of stock apply to shares of the
holding company purchased on original issue by any director
or officer of the converting savings bank that is in the process
of acquisition, merger, or consolidation, and the restrictions
imposed by this chapter apply to the ownership of capital
stock in the holding company with the same force and effect
as they would apply to the ownership of capital stock of the
unconverted mutual savings bank if shares of this savings
bank were offered to depositors or the public pursuant to this
chapter.
(2) The tender of shares by directors and officers of a
converted savings bank in exchange for shares of another
converted savings bank, or for shares of a holding company,
do not constitute a sale for purposes of RCW 32.32.110.
However, the restrictions of RCW 32.32.110 and 32.32.115
apply to the resale of the shares they receive in such an
exchange with the same force and effect as to the shares of
32.32.497
32.32.495 Directors—Election—Meetings—Quorum—Oath—Vacancies. (1) Every converted savings bank
shall be managed by not less than five directors, except that a
bank having a capital of fifty thousand dollars or less may
have only three directors. Directors shall be elected by the
stockholders and hold office for one year and until their successors are elected and have qualified. In the first instance the
directors shall be those named in the articles of incorporation
and afterwards, those elected at the annual meeting of the
stockholders to be held at least once each year on a day to be
specified by the converted savings bank’s bylaws but not
later than May 15th of each year. If for any cause an election
is not held at that time, it may be held at an adjourned meeting
or at a subsequent meeting called for that purpose in the manner prescribed by the corporation’s bylaws. Each director
shall be a resident of a state of the United States. The directors shall meet at least nine times each year and whenever
required by the director. A majority of the board of directors
shall constitute a quorum for the transaction of business. At
all stockholders’ meetings, each share shall be entitled to one
vote, unless the articles of incorporation provide otherwise.
Any stockholder may vote in person or by written proxy.
(2) If the board of directors consists of nine or more
members, in lieu of electing the entire number of directors
32.32.495
[Title 32 RCW—page 48]
(2010 Ed.)
Conversion of Mutual Savings Bank to Capital Stock Savings Bank
the converted savings bank they purchased on original issue
for a period of three years following the date of such purchase
on original issue. [1985 c 56 § 30.]
32.32.500 Merger, consolidation, conversion, etc.—
Approval—Concentration limits. (1) A savings bank may
merge with, consolidate with, convert into, acquire a branch
or branches of, or sell its branch or branches to any depository institution as defined in 12 U.S.C. Sec. 461, any financial institution chartered or authorized to do business under
the laws of any state, territory, province, or other jurisdiction
of the United States or another nation, or any holding company or subsidiary of such an institution, subject to the
approval of (a) the director of financial institutions if the surviving institution is one chartered under Title 30, 31, 32, or
33 RCW, or (b) if the surviving institution is to be a bank,
savings bank, savings and loan association, or other depository institution that is federally chartered under the laws of
the United States, the federal regulatory authority having
jurisdiction over the transaction under the applicable laws, or
(c) if the surviving institution is to be a bank, savings bank,
savings and loan association, or other depository or financial
institution that is chartered under the laws of another state or
territory of the United States, the regulatory authority having
jurisdiction over that transaction under the applicable laws, or
(d) if the surviving institution is to be a bank, savings bank,
savings and loan association, or other depository or financial
institution that is chartered under the laws of a nation other
than the United States or of a state, territory, province, or
other jurisdiction of such nation, the director of financial
institutions, or (e) if the surviving institution is to be a bank
holding company or financial holding company, the Federal
Reserve Board or its successor under 12 U.S.C. Sec. 1842 (a)
and (d).
(2) In the case of a liquidation, acquisition, merger, consolidation, or conversion of a converted savings bank, chapter 32.34 RCW shall apply.
(3) The concentration limits applicable to these transactions, pursuant to 12 U.S.C. Sec. 1831u(b)(2)(C) with respect
to interstate transactions, shall be those imposed pursuant to
12 U.S.C. Sec. 1828(c)(5), as applied by the federal regulatory authority having jurisdiction over that transaction under
the applicable law, in lieu of the concentration limits of 12
U.S.C. Sec. 1831u(b)(2)(B). [2003 c 24 § 9; 1999 c 14 § 30;
1996 c 2 § 28. Prior: 1994 c 256 § 111; 1994 c 92 § 404;
1985 c 56 § 31; 1981 c 85 § 99.]
32.32.500
Severability—2003 c 24: See RCW 30.04.901.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
32.32.505 Intent—References in the Revised Code of
Washington. (1) It is the intention of the legislature to grant,
by this chapter, authority to permit conversions by mutual
savings banks to capital stock form, and the rights, powers,
restrictions, limitations, and requirements of Title 32 RCW
shall apply to a converted mutual savings bank except that, in
the event of conflict between the provisions of this chapter
and other provisions of Title 32 RCW, the other provisions
shall be construed in favor of the accomplishment of the purposes of this chapter.
32.32.505
(2010 Ed.)
32.32.900
(2) References in the Revised Code of Washington as of
the most recent effective date of any amendment, to mutual
savings banks shall refer also to stock savings banks. References in the Revised Code of Washington to the board of
trustees of a mutual savings bank shall refer also to the board
of directors of a stock savings bank. The provisions of Title
30 RCW shall not apply to a converted savings bank except
insofar as the provisions would apply to a mutual savings
bank. [1994 c 256 § 112; 1985 c 56 § 32; 1981 c 85 § 100.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.515
32.32.515 Guaranty fund. The guaranty fund of a
mutual savings bank converted under this chapter shall
become surplus of the converted savings bank, but shall not
be available after conversion for purposes other than those
purposes for which a guaranty fund may be used by a mutual
savings bank under Title 32 RCW. No contribution need be
made to the guaranty fund by the converted savings bank
after conversion. When any provision of any other chapter of
this title refers to the amount of the guaranty fund for the purpose of determining the extent of the authority of a savings
bank, and not for purposes of prescribing the use of funds in
or contributions to the guaranty fund, such provision shall be
deemed to refer to an amount including capital surplus and
paid-in capital of a stock savings bank. [1994 c 256 § 113;
1981 c 85 § 102.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.32.520
32.32.520 "Funds" defined. The "funds" of a converted savings bank, as the term is used in Title 32 RCW,
shall mean deposits, sums credited to the liquidation account,
capital stock, the principal balance of any outstanding capital
notes, capital debentures, borrowings, undivided profits and
income derived from the foregoing or the proceeds of the
foregoing as listed in this section. [1999 c 14 § 31; 1981 c 85
§ 103.]
Additional notes found at www.leg.wa.gov
32.32.525
32.32.525 Prohibition on certain securities and purchases—Exception. After July 26, 1981, no converted savings bank may make any loan or discount on the security of
its own capital stock, nor be the purchaser or holder of any
such shares, unless the security or purchase is necessary to
prevent loss upon a debt previously contracted in good faith,
in which case the stocks so purchased or acquired shall be
sold at public or private sale, or otherwise disposed of, within
six months from the time of its purchase or acquisition. The
prohibitions of this section do not apply to a purchase of
shares approved by the director pursuant to RCW 32.32.210.
[1994 c 92 § 405; 1983 c 44 § 4; 1981 c 85 § 104.]
32.32.900
32.32.900 Severability—1981 c 85. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 85 § 107.]
[Title 32 RCW—page 49]
Chapter 32.34
Title 32 RCW: Mutual Savings Banks
Chapter 32.34 RCW
MERGER, CONSOLIDATION, CONVERSION, ETC.
Chapter 32.34
(Formerly: Conversion between domestic and federal savings bank)
organized under the laws of this state. [1999 c 14 § 32; 1994
c 92 § 406; 1983 c 45 § 1.]
Additional notes found at www.leg.wa.gov
Sections
32.34.020 Conversion of federal savings bank,
national bank, or state commercial bank to domestic savings bank. (1) A federal savings bank, the home office of
which is located in this state, a national bank, the head office
of which is located in this state, or a state commercial bank
incorporated under chapter 30.08 RCW or resulting under
chapter 30.49 RCW may convert itself into a domestic savings bank under this title upon approval by the director. For
any such conversion, the federal savings bank, national bank,
or state commercial bank shall proceed as provided in this
chapter for the conversion of a domestic savings bank into a
federal savings bank, national bank, or resulting bank under
chapter 30.49 RCW. The conversion shall be effected by the
vote of a majority of the members or stockholders present, in
person or by proxy, at a regular or special meeting of the
members or stockholders called for such purpose.
(2) Upon consummation of the conversion, the successor
domestic savings bank shall succeed to all right, title, and
interest of the federal savings bank in and to its assets, and to
its liabilities to the creditors of such federal savings bank,
national bank, or a state bank. [1999 c 14 § 33; 1994 c 92 §
407; 1983 c 45 § 2.]
32.34.020
32.34.010
32.34.020
32.34.025
32.34.030
32.34.040
32.34.050
32.34.060
Conversion of domestic savings bank—Rights, powers, etc.,
of successor institution.
Conversion of federal savings bank, national bank, or state
commercial bank to domestic savings bank.
Conversion of stock savings bank to savings bank without capital stock.
Savings banks converted to stock form—Voluntary liquidation, transfer of assets, merger, consolidation, etc.—
Approval of directors and shareholders.
Savings bank holding companies—Savings bank subsidiaries.
Business trusts for the benefit of depositors.
Voluntary liquidation, conversion, acquisition, merger, and
consolidation—Right of dissenting shareholder to receive
value of shares—Determination.
32.34.010 Conversion of domestic savings bank—
Rights, powers, etc., of successor institution. (1) A domestic savings bank formed or converted under this title may
convert itself into a state or federal credit union or a federal
mutual or stock savings bank, national bank or, within the
meaning of chapter 30.49 RCW, a resulting state bank. The
conversion shall be effected, notwithstanding any restrictions, limitations, and requirements of law:
(a) In the case of the conversion of a mutual savings bank
without capital stock to a state or federal credit union or a federal mutual savings bank, by the vote of two-thirds of the
trustees at a regular or special meeting of the trustees called
for such purpose;
(b) In the case of the conversion of a stock savings bank
to a federal stock savings bank, national bank or, within the
meaning of chapter 30.49 RCW, a resulting state bank, by the
vote of a majority of the stockholders present, in person or by
proxy, at a regular or special meeting of the stockholders
called for such purpose;
(c) In the case of the conversion of a savings bank to a
federal credit union, federal savings bank, or national bank,
in compliance with the procedure, if any, prescribed by the
laws of the United States.
(2) Notice of the meeting, stating the purpose thereof,
shall be given the director at least thirty days prior to the
meeting. If the conversion is authorized by the trustees or
stockholders at the meeting, the trustees or stockholders are
authorized and shall effect such action, and the officers of the
savings bank shall execute all proper conveyances, documents, and other papers necessary or proper thereunto. If conversion is authorized, a copy of the minutes of the meeting
shall be filed forthwith with the director.
(3) Upon consummation of the conversion, the successor
credit union, federal savings bank, national bank, or resulting
state bank shall succeed to all right, title, and interest of the
mutual or stock bank, respectively, in and to its assets and to
its liabilities to the creditors of the savings bank. Upon the
conversion, after the execution and delivery of all instruments of transfer, conveyance, and assignment, the domestic
savings bank shall be deemed dissolved.
(4) Every federal savings bank, the home office of which
is located in this state, and the savings accounts therein, have
all the rights, powers, and privileges and are entitled to the
same immunities and exemptions as pertain to savings banks
32.34.010
[Title 32 RCW—page 50]
Additional notes found at www.leg.wa.gov
32.34.025 Conversion of stock savings bank to savings bank without capital stock. (1) The conversion of a
stock savings bank to a savings bank without capital stock
requires the affirmative vote or written consent of two-thirds
of the directors of the savings bank and requires the affirmative vote of two-thirds of the outstanding stock of the savings
bank. The conversion shall proceed as prescribed in chapter
32.32 RCW subject to the authority of the director under
RCW 32.32.010 and is complete upon the payment into the
guaranty fund of the resulting savings bank without capital
stock of any surplus remaining after satisfaction of all debts
and liabilities of the savings bank, including but not limited
to liabilities to dissenting shareholders under RCW
32.34.060.
(2) Any stock savings bank may provide in its articles of
incorporation for a higher percentage of affirmative shareholder votes to approve a conversion to a savings bank without capital stock. [1999 c 14 § 34.]
32.34.025
Additional notes found at www.leg.wa.gov
32.34.030 Savings banks converted to stock form—
Voluntary liquidation, transfer of assets, merger, consolidation, etc.—Approval of directors and shareholders. (1)
The voluntary liquidation of a mutual savings bank converted
to the stock form requires the affirmative vote or written consent of two-thirds of the directors of the converted savings
bank, requires the affirmative vote of two-thirds of the outstanding stock of the savings bank, shall proceed as prescribed in chapter 32.24 RCW, and shall be complete upon
the payment of any surplus remaining, after satisfaction of all
debts and liabilities of the savings bank, to shareholders in
accordance with their legal rights to such surplus.
32.34.030
(2010 Ed.)
Merger, Consolidation, Conversion, Etc.
(2) A savings bank which has converted to the stock
form may sell all its assets and transfer all its liabilities upon
the affirmative vote or with the written consent of two-thirds
of its directors, and upon the affirmative vote of the holders
of two-thirds of the outstanding voting shares in each class
entitled to vote.
(3) Any merger or consolidation involving a mutual savings bank converted to stock form requires approval by twothirds of the directors and by the holders of a majority of the
outstanding voting shares in each class except that a merger
or consolidation approved by two-thirds of the outstanding
voting shares in each class requires approval by only a majority of the directors of the converted savings bank, and except
as provided in subsection (4) of this section.
(4) A savings bank that has converted to the stock form
may engage in a consolidation or merger upon the affirmative
vote of two-thirds of its directors, if (a) the transaction is with
a wholly-owned subsidiary of the converted savings bank, or
(b)(i) the transaction is incident to the establishment of a
holding company pursuant to RCW 32.34.040 or 12 U.S.C.
Sec. 1467a, (ii) each shareholder will, immediately after the
effective date of such transaction, hold the same number of
shares of the holding company, with substantially the same
designations, preferences, limitations, and rights, as the
shares of the converted savings bank that the shareholder
held immediately before the effective date, and (iii) the number of authorized shares of the holding company will, immediately after the effective date, be the same as the number of
authorized shares of the converted savings bank immediately
before the effective date, or (c)(i) the total assets of the converted savings bank, immediately prior to the effective date
of the transaction, exceed two-thirds of the assets of the institution that would result from the transaction and (ii) the converted savings bank will survive the transaction without its
shareholders surrendering their shares of stock in the converted savings bank.
(5) Any converted savings bank may provide in its articles of incorporation for a higher percentage of affirmative
shareholder votes to approve any liquidation, sale of assets,
merger, or consolidation. [1994 c 256 § 115; 1985 c 56 § 33.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
32.34.040 Savings bank holding companies—Savings
bank subsidiaries. (1) No savings bank having capital stock
may establish a holding company to own all its stock without
the approval of the director. Upon tender of their shares of the
converted savings bank, the shareholders of the savings bank
shall receive all the shares of the holding company which are
outstanding at the time of this tender.
(2) Any company owning more than twenty-five percent
of the outstanding voting stock of a savings bank doing business under this Title 32 RCW shall, in addition to the restrictions of RCW 32.32.228, be subject to regulation as a savings
bank holding company. Any savings bank holding company
which is not subject to regulation by the federal reserve board
or the federal home loan bank board, and all holding company subsidiaries engaging in businesses which are not subject to regulation or licensing by the federal home loan bank
board, the director, the commissioner of insurance, or the
administrator authorized to regulate loan companies doing
32.34.040
(2010 Ed.)
32.34.060
business under Title 31 RCW, will be subject to such regulation of accounting practices and of the qualifications of directors and officers, and such inspection and visitation by the
director as the director shall deem appropriate, subject to the
limitations imposed on regulation, inspection, and visitation
of a savings bank under this title. In addition, any savings
bank holding company and all holding company subsidiaries
will be subject to visitation by the director as such shall deem
appropriate, subject to the limitations imposed on visitation
of a savings bank under this Title 32 RCW and under the
supremacy clause of the Constitution of the United States.
The savings bank subsidiary of this holding corporation may
engage in subsequent mergers, consolidations, acquisitions,
and conversions, only to the extent authorized by RCW
32.32.500, and only upon complying with the applicable
requirements in RCW 32.34.030 and this chapter.
(3) In the event a savings bank forms a subsidiary to
carry out any of the powers of savings banks under this title,
any institution with which this subsidiary merges shall continue to be subject to regulation, inspection, and visitation by
the director if the subsidiary is authorized to do business by
Title 33 RCW. [1994 c 92 § 408; 1985 c 56 § 34.]
32.34.050
32.34.050 Business trusts for the benefit of depositors. A savings bank not having capital stock may establish
a business trust for the benefit of its depositors, with the
approval of the director and subject to such rules as the director may adopt. The director may permit this business trust to
become a mutual holding company owning all shares of an
interim stock savings bank, the sole purpose of which shall be
to merge into the mutual savings bank that formed the business trust. The depositors in an unconverted savings bank
which has merged with the subsidiary of such a mutual holding company, in the event of a later conversion of this mutual
holding company to the stock form, shall retain all their rights
to their deposits in the savings bank, and shall also receive,
without payment, nontransferrable rights to subscribe for the
stock of the holding company, and rights to a liquidation
account maintained by the holding company in proportion to
their deposits in the savings bank, to the same extent that they
would receive these rights in a stock conversion of the savings bank as prescribed in chapter 32.32 RCW. [1994 c 92 §
409; 1985 c 56 § 35.]
32.34.060
32.34.060 Voluntary liquidation, conversion, acquisition, merger, and consolidation—Right of dissenting
shareholder to receive value of shares—Determination.
(1) Any holder of shares of a savings bank shall be entitled to
receive the value of these shares, as specified in subsection
(2) of this section, if (a) the savings bank is voluntarily liquidating, converting to a savings bank without capital stock,
being acquired, merging, or consolidating, (b) the shareholder voted, in person or by proxy, against the liquidation,
conversion, acquisition, merger, or consolidation, at a meeting of shareholders called for the purpose of voting on such
transaction, and (c) the shareholder delivers a written demand
for payment, with the stock certificates, to the savings bank
within thirty days after such meeting of shareholders. The
value of shares shall be paid in cash, within ten days after the
[Title 32 RCW—page 51]
Chapter 32.35
Title 32 RCW: Mutual Savings Banks
later of the effective date of the transaction or the completion
of the appraisal as specified in subsection (2) of this section.
(2) The value of such shares shall be determined as of the
close of business on the business day before the shareholders’
meeting at which the shareholder dissented, by three appraisers, one to be selected by the owners of two-thirds of the dissenting shares, one by the board of directors of the institution
that will survive the transaction, and the third by the two so
chosen. The valuation agreed upon by any two appraisers
shall govern. If such appraisal is not completed by the later of
the effective date of the transaction or the thirty-fifth day
after receipt of the written demand and stock certificates, the
director shall cause an appraisal to be made.
(3) The dissenting shareholders shall bear, on a pro rata
basis based on the number of dissenting shares owned, the
cost of their appraisal and one-half of the cost of a third
appraisal, and the surviving institution shall bear the cost of
its appraisal and one-half the cost of the third appraisal. If the
director causes an appraisal to be made, the cost of that
appraisal shall be borne equally by the dissenting shareholders and the surviving institution, with the dissenting shareholders sharing their half of the cost on a pro rata basis based
on the number of dissenting shares owned.
The institution that is to survive the transaction may fix
an amount which it considers to be not more than the fair
market value of the shares of a savings bank at the time of the
stockholder’s meeting approving the transaction, which it
will pay dissenting shareholders entitled to payment in cash.
The amount due under such accepted offer or under the
appraisal shall constitute a debt of the surviving institution.
[1999 c 14 § 35; 1994 c 256 § 116; 1985 c 56 § 36.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
Chapter 32.35
Chapter 32.35 RCW
STOCK SAVINGS BANKS
Sections
32.35.010
32.35.020
32.35.030
32.35.040
32.35.050
32.35.055
32.35.060
32.35.070
32.35.080
32.35.090
32.35.900
Incorporators—Paid-in capital stock, surplus, and undivided
profits—Requirements.
Notice of intention to organize—Proposed articles of incorporation—Contents.
Investigation.
Notice to file articles—Articles approved or refused—Hearing.
Approved articles to be filed and recorded—Organization
complete.
Amending articles—Filing with director—Contents.
Certificate of authority—Issuance—Contents.
Failure to commence business—Effect—Extension of time.
Extension of existence—Application—Investigation—Certificate—Appeal—Winding up for failure to continue existence.
Shares—Certificates not required.
Severability—1999 c 14.
32.35.010 Incorporators—Paid-in capital stock, surplus, and undivided profits—Requirements. When authorized by the director, one or more natural persons, citizens of
the United States, may incorporate a stock savings bank in
the manner prescribed under this chapter. No stock savings
bank may incorporate for less amount nor commence business unless it has a paid-in capital stock, surplus and undivided profits in the amount as may be determined by the
director after consideration of the proposed location, man32.35.010
[Title 32 RCW—page 52]
agement, and the population and economic characteristics for
the area, the nature of the proposed activities and operation of
the stock savings bank, and other factors deemed pertinent by
the director. Before commencing business, each stock savings bank shall have subscribed and paid into it in the same
manner as is required for capital stock, an amount equal to at
least ten percent of the capital stock required, that shall be
carried in the undivided profit account and may be used to
defray organization and operating expenses of the company.
Any sum not so used shall be transferred to the surplus fund
of the company before any dividend shall be declared to the
stockholders. [1999 c 14 § 1.]
32.35.020
32.35.020 Notice of intention to organize—Proposed
articles of incorporation—Contents. Persons desiring to
incorporate a stock savings bank shall file with the director a
notice of their intention to organize a stock savings bank in
such form and containing such information as the director
shall require, together with proposed articles of incorporation, which shall be submitted for examination to the director
at his or her office.
The proposed articles of incorporation shall state:
(1) The name of the stock savings bank;
(2) The city, village, or locality and county where the
head office of the corporation is to be located;
(3) The nature of its business, that of a stock savings
bank;
(4) The amount of its capital stock, which shall be
divided into shares of a par or no par value as may be provided in the articles of incorporation;
(5) The names and places of residence and mailing
addresses of the persons who as directors are to manage the
corporation until the first annual meeting of its stockholders;
(6) If there is to be preferred or special classes of stock,
a statement of preferences, voting rights, if any, limitations
and relative rights in respect of the shares of each class; or a
statement that the shares of each class shall have the
attributes as shall be determined by the stock savings bank’s
board of directors from time to time with the approval of the
director;
(7) Any provision granting the shareholders the preemptive right to acquire additional shares of the stock savings
bank and any provision granting shareholders the right to
cumulate their votes;
(8) Any provision, not inconsistent with law, which the
incorporators elect to set forth in the articles of incorporation
for the regulation of the affairs of the corporation, including
any provision restricting the transfer of shares, any provision
which under this title is required or permitted to be set forth
in the bylaws, and any provision permitted by RCW
23B.17.030;
(9) Any provision the incorporators elect to so set forth,
not inconsistent with law or the purposes for which the stock
savings bank is organized, or any provision limiting any of
the powers granted in this title.
It is not necessary to set forth in the articles of incorporation any of the corporate powers granted in this title. The articles of incorporation shall be signed by all of the incorporators. [1999 c 14 § 2.]
(2010 Ed.)
Stock Savings Banks
32.35.030 Investigation. When the notice of intention
to organize and proposed articles of incorporation complying
with RCW 32.35.020 have been received by the director,
together with the fees required by law, the director shall
ascertain from the best source of information at his or her
command and by such investigation as he or she may deem
necessary, whether the character, responsibility and general
fitness of the persons named in the articles are such as to
command confidence and warrant belief that the business of
the proposed stock savings bank will be honestly and efficiently conducted in accordance with the intent and purpose
of this title, whether the resources in the neighborhood of
such place and in the surrounding country afford a reasonable
promise of adequate support for the proposed stock savings
bank, and whether the proposed stock savings bank is being
formed for other than the legitimate objects covered by this
title. [1999 c 14 § 3.]
32.35.030
32.35.070
32.35.055 Amending articles—Filing with director—
Contents. A stock savings bank amending its articles of
incorporation shall deliver articles of amendment to the
director for filing as required for articles of incorporation.
The articles of amendment shall set forth:
(1) The name of the stock savings bank;
(2) The text of each amendment adopted;
(3) The date of each amendment’s adoption;
(4) If the amendment was adopted by the incorporators
or board of directors without shareholder action, a statement
to that effect and that shareholder action was not required;
and
(5) If shareholder action was required, a statement that
the amendment was duly approved by the shareholders in
accordance with the provisions of RCW 32.32.490. [1999 c
14 § 6.]
32.35.055
32.35.060 Certificate of authority—Issuance—Contents. Before any stock savings bank is authorized to do
business, and within ninety days after approval of the articles
of incorporation or such other time as the director may allow,
it shall furnish proof satisfactory to the director that such corporation has a paid-in capital in the amount determined by the
director, that the requisite surplus or reserve fund has been
accumulated or paid in cash, and that it has in good faith complied with all the requirements of law and fulfilled all the
conditions precedent to commencing business imposed by
this title. If so satisfied, and within thirty days after receipt of
such proof, the director shall issue under his or her hand and
official seal, in triplicate, a certificate of authority for such
corporation. The certificate shall state that the named corporation has complied with the requirements of law and that it is
authorized to transact the business of a stock savings bank.
However, the director may make his or her issuance of the
certificate to a stock savings bank authorized to accept deposits, conditional upon the granting of deposit insurance by the
federal deposit insurance corporation, and in such event, shall
set out such condition in a written notice which shall be delivered to the corporation.
One of the triplicate certificates shall be transmitted by
the director to the corporation and one of the other two shall
be filed by the director in the office of the secretary of state
and shall be attached to the articles of incorporation. However, if the issuance of the certificate is made conditional
upon the granting of deposit insurance by the federal deposit
insurance corporation, the director shall not transmit or file
the certificate until such condition is satisfied. [1999 c 14 §
7.]
32.35.060
32.35.040 Notice to file articles—Articles approved
or refused—Hearing. After the director is satisfied of the
*above facts, and, within six months of the date the notice of
intention to organize has been received in his or her office,
the director shall notify the incorporators to file executed articles of incorporation with the director in triplicate. Unless the
director otherwise consents in writing, such articles shall be
in the same form and shall contain the same information as
the proposed articles and shall be filed with the director
within ten days of such notice. Within thirty days after the
receipt of such articles of incorporation, the director shall
endorse upon each of the copies, over his or her official signature, the word "approved," or the word "refused," with the
date of such endorsement. In case of refusal the director shall
immediately return one of the copies, so endorsed, together
with a statement explaining the reason for refusal to the person from whom the articles were received, which refusal
shall be conclusive, unless the incorporators, within ten days
of the issuance of such notice of refusal, shall request a hearing pursuant to the administrative procedure act, chapter
34.05 RCW. [1999 c 14 § 4.]
32.35.040
*Reviser’s note: The term "above facts" apparently refers to the investigation required under RCW 32.35.030.
32.35.050 Approved articles to be filed and
recorded—Organization complete. In case of approval the
director shall immediately give notice to the proposed incorporators and file one of the copies of the articles of incorporation in his or her own office, and shall transmit another
copy to the secretary of state, and the last to the incorporators.
Upon receipt from the proposed incorporators of the fees as
are required for filing and recording other articles of incorporation, the secretary of state shall file and record the articles.
Upon the filing of articles of incorporation approved by the
director with the secretary of state, all persons named in the
articles and their successors shall become and be a corporation, which shall have the powers and be subject to the duties
and obligations prescribed by this title, and whose existence
shall continue from the date of the filing of such articles until
terminated pursuant to law; but such corporation shall not
transact any business except as is necessarily preliminary to
its organization until it has received a certificate of authority.
[1999 c 14 § 5.]
32.35.050
(2010 Ed.)
32.35.070 Failure to commence business—Effect—
Extension of time. Every corporation authorized by the laws
of this state to do business as a stock savings bank, which corporation shall have failed to organize and commence business within six months after certificate of authority to commence business has been issued by the director, shall forfeit
its rights and privileges as such corporation, which fact the
director shall certify to the secretary of state, and such certificate of forfeiture shall be filed and recorded in the office of
the secretary of state in the same manner as the certificate of
authority. However, the director may, upon showing of cause
satisfactory to him or her, issue an order under his or her hand
32.35.070
[Title 32 RCW—page 53]
32.35.080
Title 32 RCW: Mutual Savings Banks
and seal extending for not more than three months the time
within which such organization may be effected and business
commenced, such order to be transmitted to the office of the
secretary of state and filed and recorded. [1999 c 14 § 8.]
32.35.080 Extension of existence—Application—
Investigation—Certificate—Appeal—Winding up for
failure to continue existence. At any time not less than one
year prior to the expiration of the time of the existence of any
mutual savings bank or stock savings bank, it may by written
application to the director, signed and verified by a majority
of its directors and approved in writing by the owners of not
less than two-thirds of its capital stock, apply to the director
for leave to file amended articles of incorporation, extending
its time of existence. Prior to acting upon such application,
the director shall make such investigation of the applicant as
he or she deems necessary. If the director determines that the
applicant is in sound condition, that it is conducting its business in a safe manner and in compliance with law and that no
reason exists why it should not be permitted to continue, he or
she shall issue to the applicant a certificate authorizing it to
file amended articles of incorporation extending the time of
its existence until such time as it be dissolved by the act of its
shareholders owning not less than two-thirds of its stock, or
until its certificate of authority becomes revoked or forfeited
by reason of violation of law, or until its affairs be taken over
by the director for legal cause and finally wound up by him or
her. Otherwise the director shall notify the applicant that he
or she refuses to grant such certificate. The applicant may
appeal from such refusal in the same manner as in the case of
a refusal to grant an original certificate of authority. Otherwise the determination of the director shall be conclusive.
Upon receiving a certificate, as hereinabove provided,
the applicant may file amended articles of incorporation,
extending the time of its existence for the term authorized, to
which shall be attached a copy of the certificate of the director. Such articles shall be filed in the same manner and upon
payment of the same fees as for original articles of incorporation.
Should any mutual savings bank or stock savings bank
fail to continue its existence in the manner provided and be
not previously dissolved, the director shall at the end of its
original term of existence immediately take possession of the
corporation and wind up its affairs in the same manner as in
the case of insolvency. [1999 c 14 § 9.]
(3) Within a reasonable time after the issue or transfer of
shares without certificates, the stock savings bank shall send
the shareholder a written statement of the information
required to be stated on certificates under subsection (1) of
this section. [1999 c 14 § 10.]
32.35.080
32.35.090 Shares—Certificates not required. (1)
Shares of a stock savings bank may, but need not be, represented by certificates. Unless this title expressly provides otherwise, the rights and obligations of shareholders are identical whether or not their shares are represented by certificates.
At a minimum, each share certificate must state the information required to be stated and must be signed as provided in
RCW 23B.06.250 and/or 23B.06.270 for corporations.
(2) Unless the articles of incorporation or bylaws provide
otherwise, the board of directors of a stock savings bank may
authorize the issue of some or all of the shares of any or all of
its classes or series without certificates. The authorization
does not affect shares already represented by certificates until
they are surrendered to the stock savings bank.
32.35.090
[Title 32 RCW—page 54]
32.35.900 Severability—1999 c 14. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1999 c 14 § 38.]
32.35.900
Chapter 32.40
Chapter 32.40 RCW
COMMUNITY CREDIT NEEDS
Sections
32.40.010
32.40.020
32.40.030
32.40.900
32.40.901
Examinations—Investigation and assessment of performance
record in meeting community credit needs.
Approval and disapproval of applications—Consideration of
performance record in meeting community credit needs.
Adoption of rules.
Severability—1985 c 329.
Effective date—1985 c 329.
32.40.010 Examinations—Investigation and assessment of performance record in meeting community credit
needs. (1) In conducting an examination of a savings bank
chartered under Title 32 RCW, the director shall investigate
and assess the record of performance of the savings bank in
meeting the credit needs of the savings bank’s entire community, including low and moderate-income neighborhoods.
The director shall accept, in lieu of an investigation or part of
an investigation required by this section, any report or document that the savings bank is required to prepare or file with
one or more federal agencies by the act of Congress entitled
the "Community Reinvestment Act of 1977" and the regulations promulgated in accordance with that act, to the extent
such reports or documents assist the director in making an
assessment based upon the factors outlined in subsection (2)
of this section.
(2) In making an investigation required under subsection
(1) of this section, the director shall consider, independent of
any federal determination, the following factors in assessing
the savings bank’s record of performance:
(a) Activities conducted by the institution to ascertain
credit needs of its community, including the extent of the
institution’s efforts to communicate with members of its
community regarding the credit services being provided by
the institution;
(b) The extent of the institution’s marketing and special
credit related programs to make members of the community
aware of the credit services offered by the institution;
(c) The extent of participation by the institution’s board
of directors or board of trustees in formulating the institution’s policies and reviewing its performance with respect to
the purposes of the Community Reinvestment Act of 1977;
(d) Any practices intended to discourage applications for
types of credit set forth in the institution’s community reinvestment act statement(s);
(e) The geographic distribution of the institution’s credit
extensions, credit applications, and credit denials;
32.40.010
(2010 Ed.)
Supervisory Direction by the Director of Financial Institutions
(f) Evidence of prohibited discriminatory or other illegal
credit practices;
(g) The institution’s record of opening and closing
offices and providing services at offices;
(h) The institution’s participation, including investments, in local community development projects;
(i) The institution’s origination of residential mortgage
loans, housing rehabilitation loans, home improvement loans
and small business or small farm loans within its community,
or the purchase of such loans originated in its community;
(j) The institution’s participation in governmentally
insured, guaranteed, or subsidized loan programs for housing, small businesses, or small farms;
(k) The institution’s ability to meet various community
credit needs based on its financial condition, size, legal
impediments, local economic condition, and other factors;
(l) Other factors that, in the judgment of the director, reasonably bear upon the extent to which an institution is helping to meet the credit needs of its entire community.
(3) The director shall include as part of the examination
report, a summary of the results of the assessment required
under subsection (1) of this section and shall assign annually
to each savings bank a numerical community reinvestment
rating based on a one through five scoring system. Such
numerical scores shall represent performance assessments as
follows:
(a) Excellent performance:
(b) Good performance:
(c) Satisfactory performance:
(d) Inadequate performance:
(e) Poor performance:
1
2
3
4
5
[1994 c 92 § 410; 1985 c 329 § 8.]
Legislative intent—1985 c 329: See note following RCW 30.60.010.
32.40.020 Approval and disapproval of applications—Consideration of performance record in meeting
community credit needs. Whenever the director must
approve or disapprove of an application for a new branch or
satellite facility; for a purchase of assets, a merger, an acquisition or a conversion not required for solvency reasons; or
for authority to engage in a business activity, the director
shall consider, among other factors, the record of performance of the applicant in helping to meet the credit needs of
the applicant’s entire community, including low and moderate-income neighborhoods. Assessment of an applicant’s
record of performance may be the basis for denying an application. [1994 c 92 § 411; 1985 c 329 § 9.]
32.40.020
32.50.010
32.40.901 Effective date—1985 c 329.
30.60.901.
32.40.901
See RCW
Chapter 32.50 RCW
SUPERVISORY DIRECTION BY THE DIRECTOR
OF FINANCIAL INSTITUTIONS
Chapter 32.50
Sections
32.50.005
32.50.010
32.50.020
32.50.030
32.50.040
32.50.050
32.50.060
32.50.070
32.50.080
32.50.900
Definitions.
Determination of unsafe condition—Notice—List of director’s requirements—Conservator.
Director may appoint representative—Restrictions placed on
savings bank.
Failure of savings bank to comply—Appointment of conservator—Powers and duties of conservator.
Costs of supervisory direction and conservatorship.
Request for review of actions taken by representative or conservator.
Suit filed after savings bank in conservatorship.
Duration of conservatorship.
Authority of director to act—Administrative discretion.
Effective date—2010 c 88.
32.50.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Unsafe condition" means and includes, but is not
limited to, any one or more of the following circumstances:
(a) If a savings bank is less than well capitalized;
(b) If a savings bank or holding company violates the
provisions of Title 32 RCW or any other law or regulation
applicable to savings banks;
(c) If a savings bank conducts a fraudulent or questionable practice in the conduct of its business that endangers the
savings bank’s reputation or threatens its solvency;
(d) If a savings bank conducts its business in an unsafe or
unauthorized manner;
(e) If a savings bank violates any conditions of its charter
or any agreement entered with the director; or
(f) If a savings bank fails to carry out any authorized
order or direction of the examiner or the director.
(2) "Exceeded its powers" means and includes, but is not
limited to the following circumstances:
(a) If a savings bank has refused to permit examination
of its books, papers, accounts, records, or affairs by the director, assistant director, or duly commissioned examiners; or
(b) If a savings bank has neglected or refused to observe
an order of the director to make good, within the time prescribed, any impairment of its capital.
(3) "Consent" means and includes a written agreement
by the savings bank to either supervisory direction or conservatorship under this chapter. [2010 c 88 § 65.]
32.50.005
32.50.010 Determination of unsafe condition—
Notice—List of director’s requirements—Conservator.
If upon examination or at any other time it appears to the
director that any savings bank is in an unsafe condition and
its condition is such as to render the continuance thereof hazardous to the public or to its depositors or trust beneficiaries
and creditors, or if such savings bank appears to have
exceeded its powers or has failed to comply with the law, or
if such savings bank gives its consent, then the director shall
upon his or her determination (1) notify the savings bank of
his or her determination, (2) furnish to the savings bank a
32.50.010
Legislative intent—1985 c 329: See note following RCW 30.60.010.
32.40.030 Adoption of rules. The director shall adopt
all rules necessary to implement RCW 32.40.010 and
32.40.020 by January 1, 1986. [1994 c 92 § 412; 1985 c 329
§ 10.]
32.40.030
Legislative intent—1985 c 329: See note following RCW 30.60.010.
32.40.900 Severability—1985 c 329.
30.60.900.
32.40.900
(2010 Ed.)
See RCW
[Title 32 RCW—page 55]
32.50.020
Title 32 RCW: Mutual Savings Banks
written list of the director’s requirements to abate his or her
determination, and (3) if the director makes further determination to directly supervise, he or she shall notify the savings
bank that it is under the supervisory direction of the director
and that the director is invoking the provisions of this chapter. If placed under supervisory direction the savings bank
shall comply with the lawful requirements of the director
within such time as provided in the notice of the director, subject however, to the provisions of this chapter. If the savings
bank fails to comply within such time the director may
appoint a conservator as hereafter provided. [2010 c 88 §
66.]
32.50.020 Director may appoint representative—
Restrictions placed on savings bank. During the period of
supervisory direction the director may appoint a representative to supervise such savings bank and may provide that the
savings bank may not do any of the following during the
period of supervisory direction, without the prior approval of
the director or the appointed representative:
(1) Dispose of, convey, or encumber any of the assets;
(2) Withdraw any of its bank accounts;
(3) Lend any of its funds;
(4) Invest any of its funds;
(5) Transfer any of its property; or
(6) Incur any debt, obligation, or liability. [2010 c 88 §
67.]
32.50.020
32.50.030 Failure of savings bank to comply—
Appointment of conservator—Powers and duties of conservator. After the period of supervisory direction specified
by the director for compliance, if he or she determines that
such savings bank has failed to comply with the lawful
requirements imposed, upon due notice and hearing by the
department or by consent of the savings bank, the director
may appoint a conservator, who shall immediately take
charge of such savings bank and all of its property, books,
records, and effects. The conservator shall conduct the business of the savings bank and take such steps toward the
removal of the causes and conditions which have necessitated
such order, as the director may direct. During the pendency
of the conservatorship the conservator shall make such
reports to the director from time to time as may be required
by the director, and shall be empowered to take all necessary
measures to preserve, protect, and recover any assets or property of such savings bank, including claims or causes of
actions belonging to or which may be asserted by such bank,
and to deal with the same in his or her own name as conservator, and shall be empowered to file, prosecute, and defend
any suit and suits which have been filed or which may thereafter be filed by or against such savings bank which are
deemed by the conservator to be necessary to protect all of
the interested parties for a property affected thereby. The
director, or any newly appointed assistant, may be appointed
to serve as conservator. If the director, however, is satisfied
that such savings bank is not in condition to continue business in the interest of its depositors or creditors under the
conservator under this section, the director may proceed with
appropriate remedies provided by other provisions of this
title. [2010 c 88 § 68.]
32.50.030
[Title 32 RCW—page 56]
32.50.040
32.50.040 Costs of supervisory direction and conservatorship. All costs incident to supervisory direction and the
conservatorship shall be fixed and determined by the director
and shall be a charge against the assets of the savings bank to
be allowed and paid as the director may determine. [2010 c
88 § 69.]
32.50.050
32.50.050 Request for review of actions taken by representative or conservator. During the period of the supervisory direction and during the period of conservatorship, the
savings bank may request the director to review an action
taken or proposed to be taken by the representative or conservator; specifying wherein the action complained of is
believed not to be in the best interest of the savings bank, and
such request shall stay the action specified pending review of
such action by the director. Any order entered by the director
appointing a representative and providing that the savings
bank shall not do certain acts as provided in RCW 32.50.020
and 32.50.030, any order entered by the director appointing a
conservator, and any order by the director following the
review of an action of the representative or conservator under
this section shall be subject to review in accordance with the
administrative procedure act of the state of Washington.
[2010 c 88 § 70.]
32.50.060
32.50.060 Suit filed after savings bank in conservatorship. Any suit filed against a savings bank, or its conservator, after the entrance of an order by the director placing
such savings bank in conservatorship and while such order is
in effect, shall be brought in the superior court of the county
of its principal place of business and not elsewhere. The conservator appointed for such savings bank may file suit in the
superior court of the county of its principal place of business
or other court of competent jurisdiction against any person
for the purpose of preserving, protecting, or recovering any
asset or property of such savings bank, including claims or
causes of action belonging to or which may be asserted by
such savings bank. [2010 c 88 § 71.]
32.50.070
32.50.070 Duration of conservatorship. The conservator shall serve for such time as is necessary to accomplish
the purposes of the conservatorship as intended by this chapter. If rehabilitated, the rehabilitated savings bank shall be
returned to management or new managements under such
conditions as are reasonable and necessary to prevent recurrence of the condition which occasioned the conservatorship.
[2010 c 88 § 72.]
32.50.080
32.50.080 Authority of director to act—Administrative discretion. If the director determines to act under
authority of this chapter, the sequence of his or her acts and
proceedings shall be as set forth in this chapter. However, it
is the purpose and substance of this chapter to authorize
administrative discretion, to allow the director administrative
discretion in the event of unsound banking operations, and in
furtherance of that purpose the director is hereby authorized
to proceed with regulation either under this chapter or under
any other applicable provisions of law or under this chapter in
connection with other law, either as such law is now existing
(2010 Ed.)
Construction
32.98.060
or is hereinafter enacted, and it is so provided. [2010 c 88 §
73.]
32.50.900 Effective date—2010 c 88. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 17, 2010]. [2010 c 88 § 76.]
32.50.900
Chapter 32.98
Chapter 32.98 RCW
CONSTRUCTION
Sections
32.98.010
32.98.020
32.98.030
32.98.031
32.98.050
32.98.060
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Severability—1963 c 176.
Repeals and saving.
Emergency—1955 c 13.
32.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter and relating to
the same subject matter, shall be construed as restatements
and continuations, and not as new enactments. [1955 c 13 §
32.98.010.]
32.98.010
32.98.020 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1955 c 13 § 32.98.020.]
32.98.020
32.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application to
any person or circumstance is held invalid, the remainder of
the title, or the application of the provision to other persons or
circumstances is not affected. [1955 c 13 § 32.98.030.]
32.98.030
32.98.031 Severability—1963 c 176. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1963 c 176 § 20.]
32.98.031
32.98.050 Repeals and saving.
32.98.050.
32.98.050
See 1955 c 13 §
32.98.060 Emergency—1955 c 13. This act is necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1955 c 13 § 32.98.060.]
32.98.060
(2010 Ed.)
[Title 32 RCW—page 57]
Title 33
SAVINGS AND LOAN ASSOCIATIONS
Title 33
Chapters
33.04
33.08
33.12
33.16
33.20
33.24
33.28
33.32
33.36
33.40
33.43
33.44
33.46
33.48
33.54
Chapter 33.04
General provisions.
Organization—Articles—Bylaws.
Powers and restrictions.
Directors, officers, and employees.
Members—Savings.
Loans and investments.
Fees and taxes.
Foreign associations.
Prohibited acts—Penalties.
Insolvency, liquidation, merger.
Conversion to and from federal association.
Conversion to mutual savings bank.
Conversion of savings bank or commercial
bank to association.
Stock associations.
Satellite facilities.
Sections
33.04.002
33.04.005
33.04.011
33.04.020
33.04.022
33.04.025
33.04.030
33.04.042
33.04.044
33.04.046
33.04.048
33.04.052
Age of majority: Chapter 26.28 RCW.
Assignment for benefit of creditors: Chapter 7.08 RCW.
Bonds and notes of federal agencies as investment and collateral: Chapter
39.60 RCW.
Co-owners, simultaneous death: RCW 11.05A.040.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Corporation fees, in general: Chapter 23B.01 RCW.
Corporations: Titles 23B, 24 RCW.
Credit life insurance and credit accident and health insurance: Chapter
48.34 RCW.
Department of financial institutions: Chapter 43.320 RCW.
Fairness in lending act: RCW 30.04.500 through 30.04.515.
False representations: Chapter 9.38 RCW.
Home loan bank
as depositary: RCW 30.32.040.
may borrow from: RCW 30.32.030.
Indemnification of officers, directors, employees, etc., by corporation, insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580, 23B.08.600,
and 23B.17.030.
Interest and usury in general: Chapter 19.52 RCW.
Investment
in federal home loan bank stock or bonds authorized: RCW 30.32.020.
of county funds not required for immediate expenditures, service fee:
RCW 36.29.020.
of funds of school districts—Service fee: RCW 28A.320.320.
Married persons and domestic partners, rights, liabilities: Chapter 26.16
RCW.
Master license system exemption: RCW 19.02.800.
Mortgages: Title 61 RCW.
Powers of appointment: Chapter 11.95 RCW.
Real property and conveyances: Title 64 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Safe deposit companies: Chapter 22.28 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
(2010 Ed.)
Chapter 33.04 RCW
GENERAL PROVISIONS
33.04.054
33.04.060
33.04.090
33.04.110
33.04.120
Legislative declaration, intent—Purpose.
Definitions.
"Mortgage" includes deed of trust and real estate contract.
Director—Powers and duties.
Director—Powers under chapter 19.144 RCW.
Rules.
Compelling attendance of witnesses.
Cease and desist order—Notice of charges—Grounds—Hearing on—Issuance of order, when—Contents—Effective,
when.
Temporary cease and desist order—Issued, when—Effective,
when—Duration.
Temporary cease and desist order—Injunction against order
on application of association—Jurisdiction.
Temporary cease and desist order—Injunction to enforce—
Jurisdiction.
Cease and desist order—Administrative hearing—Procedure—Modification, termination, or setting aside of order—
Review of order, procedure—Manner of service of notice or
order.
Cease and desist order—Enforcement—Jurisdiction.
Appellate review.
Saturday closing authorized.
Examination reports and information—Confidential and privileged—Exceptions, limitations and procedure—Penalty.
Automated teller machines and night depositories security.
33.04.002 Legislative declaration, intent—Purpose.
The legislature finds that the statutory law relating to savings
and loan associations has not been generally updated or modernized since 1945; and, as a result, many changes to Title 33
RCW should now be made with respect to the powers and
duties of the director; to the provisions relating to the organization, management and conversion of savings and loan associations; and to the powers and restrictions placed upon savings and loan associations to make investments. While it is
the intent of the legislature to grant permissive investment
powers to state-chartered savings and loan associations, it
does not intend these associations to abandon the residential
financing market in Washington. It, therefore, finds that the
powers granted in chapter 3, Laws of 1982 are for the purpose
of updating and modernizing the law relating to savings and
loan associations, thereby creating a more secure and responsive financial environment in which the residential home
buyer will continue to obtain financing. [1994 c 92 § 413;
1982 c 3 § 1.]
33.04.002
Additional notes found at www.leg.wa.gov
33.04.005 Definitions. Unless the context requires otherwise, the definitions in this section apply throughout this
title.
(1) "Branch" means an established manned place of business or a manned mobile facility or other manned facility of
an association, other than the principal office, at which
deposits may be taken.
33.04.005
[Title 33 RCW—page 1]
33.04.011
Title 33 RCW: Savings and Loan Associations
(2) "Depositor" means a person who deposits money in
an association.
(3) "Domestic association" means a savings and loan
association which is incorporated under the laws of this state.
(4) "Federal association" means a savings and loan association which is incorporated under federal law.
(5) "Foreign association" means a savings and loan association organized under the laws of another state.
(6)(a) "Member," in a mutual association, means a
depositor or any other person who is a member of a class of
persons granted membership rights by the articles of incorporation or bylaws.
(b) "Member," in a stock association, means a stockholder or any other person who is a member of a class of persons granted membership rights by the articles of incorporation or bylaws.
(7) "Mutual association" means an association formed
without authority to issue stock.
(8) "Savings and loan association," "savings association"
or "association," unless otherwise restricted, means a domestic or foreign association and includes a stock or a mutual
association.
(9) "Stock association" means an association formed
with the authority to issue stock.
(10) "Department" means department of financial institutions.
(11) "Director" means director of financial institutions.
[1994 c 92 § 414; 1982 c 3 § 2.]
Additional notes found at www.leg.wa.gov
33.04.011 "Mortgage" includes deed of trust and real
estate contract. See RCW 33.24.005.
33.04.011
33.04.020 Director—Powers and duties. The director:
(1) Shall be charged with the administration and enforcement of this title and shall have and exercise all powers necessary or convenient thereunto;
(2) Shall issue to each association doing business hereunder, when it shall have paid its annual license fee and be
duly qualified otherwise, a certificate of authority authorizing
it to transact business;
(3) Shall require of each association an annual statement
and such other reports and statements as the director deems
desirable, on forms to be furnished by the director;
(4) Shall require each association to conduct its business
in compliance with the provisions of this title;
(5) Shall visit and examine into the affairs of every association, at least once in each biennium; may appraise and
revalue its investments and securities; and shall have full
access to all the books, records, papers, securities, correspondence, bank accounts, and other papers of such association
for such purposes. The director may accept in lieu of an
examination the report of the examining division of the federal home loan bank board, or the report of the savings and
loan department of another state, which has made and submitted a report of the condition of the affairs of the association, and if approved, the report shall have the same force and
effect as though the examination were made by the director or
one of his or her appointees;
33.04.020
[Title 33 RCW—page 2]
(6) May accept or exchange any information or reports
with the examining division of the federal home loan bank
board or other like agency which may insure the accounts in
an association or to which an association may belong or with
the savings and loan department of another state which has
authority to examine any association doing business in this
state;
(7) May visit and examine into the affairs of any nonpublicly-held corporation in which the association has a material
investment and any publicly-held corporation the capital
stock of which is controlled by the association; may appraise
and revalue its investments and securities; and shall have full
access to all the books, records, papers, securities, correspondence, bank accounts, and other papers of such corporation
for such purposes;
(8) May, in the director’s discretion, administer oaths to
and to examine any person under oath concerning the affairs
of any association or nonpublicly-held corporation in which
the association has a material investment and any publiclyheld corporation the capital stock of which is controlled by an
association and, in connection therewith, to issue subpoenas
and require the attendance and testimony of any person or
persons at any place within this state, and to require witnesses
to produce any books, papers, documents, or other things
under their control material to such examination; and
(9) Shall have power to commence and prosecute actions
and proceedings to enforce the provisions of this title, to
enjoin violations thereof, and to collect sums due to the state
of Washington from any association. [1994 c 92 § 416; 1982
c 3 § 4; 1979 c 113 § 1; 1973 c 130 § 22; 1945 c 235 § 95;
Rem. Supp. 1945 § 3717-214. Prior: 1933 c 183 §§ 79, 94,
95; 1919 c 169 § 12; 1913 c 110 § 19; 1890 p 56 § 19.]
Additional notes found at www.leg.wa.gov
33.04.022 Director—Powers under chapter 19.144
RCW. The director or the director’s designee may take such
action as provided for in this title to enforce, investigate, or
examine persons covered by chapter 19.144 RCW. [2008 c
108 § 19.]
33.04.022
Findings—2008 c 108: See RCW 19.144.005.
33.04.025 Rules. The director shall adopt uniform rules
in accordance with the administrative procedure act, chapter
34.05 RCW, to govern examinations and reports of associations and the form in which they shall report their assets, liabilities, and reserves, charge off bad debts and otherwise keep
their records and accounts, and otherwise to govern the
administration of this title. The director shall mail a copy of
the rules to each savings and loan association at its principal
place of business. The person doing the mailing shall make
and file his or her affidavit thereof in the office of the director. [1994 c 92 § 417; 1982 c 3 § 5; 1973 c 130 § 20.]
33.04.025
Additional notes found at www.leg.wa.gov
33.04.030 Compelling attendance of witnesses. In
event any person shall refuse to appear in compliance with
any subpoena issued by the director or shall refuse to testify
thereunder, the superior court of the state of Washington for
the county in which such witness was required by said subpoena to appear, upon application of the director, shall have
33.04.030
(2010 Ed.)
General Provisions
jurisdiction to compel such witness to attend and testify and
to punish for contempt any witness not complying with the
order of the court. [1994 c 92 § 418; 1945 c 235 § 96; Rem.
Supp. 1945 § 3717-215. Prior: 1933 c 183 §§ 94, 95; 1919 c
169 § 12; 1913 c 110 § 19.]
33.04.042 Cease and desist order—Notice of
charges—Grounds—Hearing on—Issuance of order,
when—Contents—Effective, when. (1) The director may
issue and serve upon an association a notice of charges if in
the opinion of the director the association:
(a) Is engaging or has engaged in an unsafe or unsound
practice in conducting the business of the association;
(b) Is violating or has violated a material provision of
any law, rule, or any condition imposed in writing by the
director in connection with the granting of any application or
other request by the association or any written agreement
made with the director; or
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection if the opinion that the threat exists is based upon
reasonable cause.
(2) The notice shall contain a statement of the facts constituting the alleged violation or violations or the practice or
practices and shall fix a time and place at which a hearing will
be held to determine whether an order to cease and desist
should issue against the association. The hearing shall be set
not earlier than ten days nor later than thirty days after service
of the notice unless a later date is set by the director at the
request of the association.
Unless the association appears at the hearing by a duly
authorized representative, it shall be deemed to have consented to the issuance of the cease and desist order. In the
event of this consent or if upon the record made at the hearing
the director finds that any violation or practice specified in
the notice of charges has been established, the director may
issue and serve upon the association an order to cease and
desist from the violation or practice. The order may require
the association and its directors, officers, employees, and
agents to cease and desist from the violation or practice and
may require the association to take affirmative action to correct the conditions resulting from the violation or practice.
(3) A cease and desist order shall become effective at the
expiration of ten days after the service of the order upon the
association concerned except that a cease and desist order
issued upon consent shall become effective at the time specified in the order and shall remain effective as provided
therein unless it is stayed, modified, terminated, or set aside
by action of the director or a reviewing court. [1994 c 92 §
419; 1982 c 3 § 7.]
33.04.042
Additional notes found at www.leg.wa.gov
33.04.044 Temporary cease and desist order—
Issued, when—Effective, when—Duration. Whenever the
director determines that the acts specified in RCW 33.04.042
or their continuation is likely to cause insolvency or substantial dissipation of assets or earnings of the association or to
otherwise seriously prejudice the interests of its depositors,
the director may also issue a temporary order requiring the
association to cease and desist from the violation or practice.
The order shall become effective upon service on the associ33.04.044
(2010 Ed.)
33.04.052
ation and shall remain effective unless set aside, limited, or
suspended by a court in proceedings under RCW 33.04.046
pending the completion of the administrative proceedings
under the notice and until such time as the director shall dismiss the charges specified in the notice or until the effective
date of a cease and desist order issued against the association
under RCW 33.04.042. [1994 c 92 § 420; 1982 c 3 § 8.]
Additional notes found at www.leg.wa.gov
33.04.046 Temporary cease and desist order—
Injunction against order on application of association—
Jurisdiction. Within ten days after an association has been
served with a temporary cease and desist order, the association may apply to the superior court in the county of its principal place of business for an injunction setting aside, limiting, or suspending the order pending the completion of the
administrative proceedings pursuant to the notice served
under RCW 33.04.044.
The superior court shall have jurisdiction to issue the
injunction. [1982 c 3 § 9.]
33.04.046
Additional notes found at www.leg.wa.gov
33.04.048 Temporary cease and desist order—
Injunction to enforce—Jurisdiction. In the case of a violation or threatened violation of a temporary cease and desist
order issued under RCW 33.04.044, the director may apply to
the superior court of the county of the principal place of business of the association for an injunction to enforce the order,
and the court shall issue an injunction if it determines that
there has been a violation or threatened violation. [1994 c 92
§ 421; 1982 c 3 § 10.]
33.04.048
Additional notes found at www.leg.wa.gov
33.04.052 Cease and desist order—Administrative
hearing—Procedure—Modification, termination, or setting aside of order—Review of order, procedure—Manner of service of notice or order. (1) Any administrative
hearing provided in RCW 33.04.042 may be held at such
place as is designated by the director and shall be conducted
in accordance with chapter 34.05 RCW. The hearing shall be
private unless the director determines that a public hearing is
necessary to protect the public interest after fully considering
the views of the party afforded the hearing.
Within sixty days after the hearing, the director shall render a decision which shall include findings of fact upon
which the decision is based and the director shall issue and
serve upon each party to the proceeding an order or orders
consistent with RCW 33.04.042.
Unless a petition for review is timely filed in the superior
court of the county of the principal place of business of the
affected association under subsection (2) of this section and
until the record in the proceeding has been filed as therein
provided, the director may at any time modify, terminate, or
set aside any order upon such notice and in such manner as
the director deems proper. Upon filing the record, the director
may modify, terminate, or set aside any order only with permission of the court.
The judicial review provided in this section for an order
shall be exclusive.
33.04.052
[Title 33 RCW—page 3]
33.04.054
Title 33 RCW: Savings and Loan Associations
(2) Any party to the proceeding or any person required
by an order issued under RCW 33.04.042, 33.04.044 or
33.04.048 to refrain from any of the violations or practices
stated therein may obtain a review of any order served under
subsection (1) of this section other than one issued upon consent by filing in the superior court of the county of the principal place of business of the affected association within ten
days after the date of service of the order a written petition
praying that the order of the director be modified, terminated,
or set aside. A copy of the petition shall be immediately
served upon the director and the director shall then file in the
court the record of the proceeding. The court shall have jurisdiction upon the filing of the petition, which jurisdiction shall
become exclusive upon the filing of the record to affirm,
modify, terminate, or set aside in whole or in part the order of
the director except that the director may modify, terminate, or
set aside an order with the permission of the court. The judgment and decree of the court shall be final, except that it is
subject to appellate review under the rules of court.
(3) The commencement of proceedings for judicial
review under subsection (2) of this section shall not operate
as a stay of any order issued by the director unless specifically ordered by the court.
(4) Service of any notice or order required to be served
under RCW 33.04.042 or 33.04.044 shall be accomplished in
the same manner as required for the service of process in civil
actions in superior courts of this state. [1994 c 92 § 422; 1982
c 3 § 11.]
Additional notes found at www.leg.wa.gov
33.04.054 Cease and desist order—Enforcement—
Jurisdiction. The director may apply to the superior court of
the county of the principal place of business of the association affected for the enforcement of any effective and outstanding order issued under RCW 33.04.042, 33.04.044, or
33.04.048, and the court shall have jurisdiction to order compliance therewith.
No court shall have jurisdiction to affect by injunction or
otherwise the issuance or enforcement of any order or to
review, modify, suspend, terminate, or set aside any order
except as provided in RCW 33.04.046 and 33.04.052. [1994
c 92 § 423; 1982 c 3 § 12.]
33.04.054
Additional notes found at www.leg.wa.gov
33.04.060 Appellate review. An association may petition the superior court of the state of Washington for Thurston county for the review of any decision, ruling, requirement or other action or determination of the director, by filing
its complaint, duly verified, with the clerk of the court and
serving a copy thereof upon the director. Upon the filing of
the complaint, the clerk of the court shall docket the same as
a cause pending therein.
The director may answer the complaint and the petitioner
reply thereto, and the cause shall be heard before the court as
in other civil actions. Both the petitioner and the director may
seek appellate review of the decision of the court to the
supreme court or the court of appeals of the state of Washington. [1994 c 92 § 424; 1988 c 202 § 32; 1971 c 81 § 84; 1945
c 235 § 115; Rem. Supp. 1945 § 3717-234. Prior: 1933 c 183
§ 95.]
33.04.060
[Title 33 RCW—page 4]
Additional notes found at www.leg.wa.gov
33.04.090 Saturday closing authorized.
30.04.330.
33.04.090
See RCW
33.04.110 Examination reports and information—
Confidential and privileged—Exceptions, limitations and
procedure—Penalty. (1) Except as otherwise provided in
this section, all examination reports and all information
obtained by the director and the director’s staff in conducting
examinations of associations are confidential and privileged
information and shall not be made public or otherwise disclosed to any person, firm, corporation, agency, association,
governmental body, or other entity.
(2) Subsection (1) of this section notwithstanding, the
director may furnish in whole or in part examination reports
prepared by the director’s office to federal agencies empowered to examine state associations, to savings and loan supervisory agencies of other states which have authority to examine associations doing business in this state, to the attorney
general in his or her role as legal advisor to the director, to the
examined association as provided in subsection (4) of this
section, and to officials empowered to investigate criminal
charges. If the director furnishes any examination report to
officials empowered to investigate criminal charges, the
director may only furnish that part of the report which is necessary and pertinent to the investigation, and the director may
do this only after notifying the affected savings and loan
association and any customer of the savings and loan association who is named in that part of the report of the order to
furnish the part of the examination report unless the officials
requesting the report first obtain a waiver of the notice
requirement from a court of competent jurisdiction for good
cause. The director may also furnish in whole or in part
examination reports concerning any association in danger of
insolvency to the directors or officers of a potential acquiring
party when, in the director’s opinion, it is necessary to do so
in order to protect the interests of members, depositors, or
borrowers of the examined association.
(3) All examination reports furnished under subsection
(2) of this section shall remain the property of the department
of financial institutions and, except as provided in subsection
(4) of this section, no person, agency, or authority to whom
reports are furnished or any officer, director, or employee
thereof shall disclose or make public any of the reports or any
information contained therein except in published statistical
material that does not disclose the affairs of any individual or
corporation: PROVIDED, That nothing herein shall prevent
the use in a criminal prosecution of reports furnished under
subsection (2) of this section.
(4) The examination report made by the department of
financial institutions is designed for use in the supervision of
the association, and the director may furnish a copy of the
report to the savings and loan association examined. The
report shall remain the property of the director and will be
furnished to the association solely for its confidential use.
Neither the association nor any of its directors, officers, or
employees may disclose or make public in any manner the
report or any portion thereof without permission of the board
of directors of the examined association. The permission
shall be entered in the minutes of the board.
33.04.110
(2010 Ed.)
Organization—Articles—Bylaws
(5) Examination reports and information obtained by the
director and the director’s staff in conducting examinations
shall not be subject to public disclosure under chapter 42.56
RCW.
(6) In any civil action in which the reports are sought to
be discovered or used as evidence, any party may, upon
notice to the director, petition the court for an in camera
review of the report. The court may permit discovery and
introduction of only those portions of the report which are
relevant and otherwise unobtainable by the requesting party.
This subsection shall not apply to an action brought or
defended by the director.
(7) This section shall not apply to investigation reports
prepared by the director and the director’s staff concerning an
application for a new association or an application for a
branch of an association. The director may adopt rules making confidential portions of such reports if in the director’s
opinion the public disclosure of the portions of the report
would impair the ability to obtain the information which the
director considers necessary to fully evaluate the application.
(8) Every person who intentionally violates any provision of this section is guilty of a gross misdemeanor. [2005 c
274 § 261; 1994 c 92 § 425; 1982 c 3 § 6; 1977 ex.s. c 245 §
3.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Examination reports and information from financial institutions exempt:
RCW 42.56.400.
Additional notes found at www.leg.wa.gov
33.04.120 Automated teller machines and night
depositories security. Chapter 19.174 RCW applies to automated teller machines and night depositories regulated under
this title. [1993 c 324 § 13.]
33.04.120
Additional notes found at www.leg.wa.gov
Chapter 33.08 RCW
ORGANIZATION—ARTICLES—BYLAWS
Chapter 33.08
Sections
33.08.010
33.08.020
33.08.030
33.08.040
33.08.050
33.08.055
33.08.060
33.08.070
33.08.080
33.08.090
33.08.100
33.08.110
Compliance required—Use of words in name or advertising—
Penalty—Saving.
Who may form association.
Domestic association as stock or mutual association—Articles
of incorporation.
Bylaws.
Articles and bylaws to director.
Certificate of incorporation—Application, contents—Filing
fee.
Investigation—Fee.
Approval or refusal—Appellate review.
Articles and bylaws filed—Certificate of incorporation
issued—Revocation of right to engage in business, when.
Amendment of articles.
Amendment of bylaws.
Branch association—Authorized—Procedure—Limitations—
Discontinuance of branch, procedure.
33.08.010 Compliance required—Use of words in
name or advertising—Penalty—Saving. No person, firm,
company, association, fiduciary, co-partnership, or corporation, either foreign or domestic, shall organize as, carry on or
conduct the business of an association except in conformity
with the terms and provisions of this title or unless incorporated as a savings and loan association under the laws of the
33.08.010
(2010 Ed.)
33.08.030
United States or use in name or advertising any of the following:
Any collocation employing either or both of the words
"building" or "loan" with one or more of the words "saving",
"savings", "thrift", or words of similar import except in conformity with this title;
Any collocation employing one or more of the words
"saving", "savings", "thrift" or words of similar import, with
one or more of the words "association", "institution", "society", "company", "corporation", or words of similar import,
or abbreviations thereof except in conformity with this title or
unless authorized to do business under the laws of this state
or of the United States relating to savings and loan associations, banks, or mutual savings banks; nor shall the word
"federal" be used as a part of such name unless the user is
incorporated as a savings and loan association under the laws
of the United States.
Neither shall the words "saving", or "savings", be used in
any name or advertising or to represent in any manner to indicate that the business is of the character or kind of business
carried on or transacted by an association or which is calculated to lead any person to believe that the business is that of
an association unless authorized to do business under the
laws of this state or of the United States relating to savings
and loan associations, banks, or mutual savings banks.
Every person who, and every director and officer of
every corporation which, to the knowledge of such director or
officer, violates any provision of this section, shall be guilty
of a gross misdemeanor. Such conduct shall also be deemed a
nuisance and subject to abatement in the manner prescribed
by law at the instance of the director of financial institutions
or any other public body or officer authorized to do so.
The provisions of this section shall have no application
to use of any word or collocation of words or to any representation or advertising which had been adopted and lawfully
used by any person, firm, company, association, fiduciary,
co-partnership or corporation lawfully engaged in business
on March 24, 1959. [1994 c 92 § 426; 1959 c 280 § 1; 1945
c 235 § 2; Rem. Supp. 1945 § 3717-121. Prior: 1933 c 183 §§
84, 100; 1919 c 169 § 1; 1913 c 110 §§ 2, 25; 1890 p 56 §§ 2,
22, 37.]
33.08.020 Who may form association. Any individuals desiring to transact a business of an association may, by
complying with this chapter, become a body corporate for
that purpose. [1982 c 3 § 13; 1945 c 235 § 3; Rem. Supp.
1945 § 3717-122. Prior: 1933 c 183 § 3; 1925 ex.s. c 144 §
1; 1913 c 110 § 1; 1903 c 116 § 1; 1890 p 56 § 1.]
33.08.020
Additional notes found at www.leg.wa.gov
33.08.030 Domestic association as stock or mutual
association—Articles of incorporation. A domestic association shall be incorporated either as a stock or a mutual association. The articles of incorporation shall specifically state:
(1) The name of the association, which shall include the
words:
(a) "Savings association";
(b) "Savings and loan association"; or
(c) "Savings bank";
33.08.030
[Title 33 RCW—page 5]
33.08.040
Title 33 RCW: Savings and Loan Associations
(2) The city or town and county in which it is to have its
principal place of business;
(3) The name, occupation, and place of residence of all
incorporators, the majority of whom shall be Washington residents;
(4) Its purposes;
(5) Its duration, which may be for a stated number of
years or perpetual;
(6) The amount of paid-in savings with which the association will commence business;
(7) The names, occupations, and addresses of the first
directors;
(8) Whether the association is organized as a stock or
mutual association and who has membership rights and the
relative rights of different classes of members of the association; and
(9) Any provision the incorporators elect to so set forth
which is permitted by RCW 23B.17.030.
The articles of incorporation may contain any other provisions consistent with the laws of this state and the provisions of this title pertaining to the association’s business or
the conduct of its affairs. [1994 c 256 § 117; 1983 c 42 § 1;
1982 c 3 § 14; 1949 c 20 § 1; 1945 c 235 § 4; Rem. Supp.
1949 § 3717-123. Prior: 1933 c 183 § 4; 1925 ex.s. c 144 §
1; 1919 c 169 § 5; 1913 c 110 §§ 1, 6; 1903 c 116 § 1; 1890 p
56 § 1.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
33.08.040 Bylaws. The incorporators shall prepare
bylaws for the government of the association, which shall
include:
(1) The offices of the association and the respective
duties assigned to them;
(2) Policies and procedures for the conduct of the business of the association;
(3) Any other matters deemed necessary or expedient.
Such bylaws must conform in all respects to the provisions of this title and the laws of this state. [1982 c 3 § 15;
1945 c 235 § 5; Rem. Supp. 1945 § 3717-124. Prior: 1933 c
183 § 5; 1919 c 169 § 1; 1913 c 110 § 2; 1890 p 56 § 3.]
33.08.040
Additional notes found at www.leg.wa.gov
33.08.050 Articles and bylaws to director. The incorporators shall deliver to the director triplicate originals of the
articles of incorporation and duplicate copies of its proposed
bylaws. [1994 c 92 § 427; 1982 c 3 § 16; 1981 c 302 § 30;
1945 c 235 § 6; Rem. Supp. 1945 § 3717-125. Prior: 1933 c
183 § 6; 1890 p 56 § 3.]
33.08.050
Additional notes found at www.leg.wa.gov
33.08.055 Certificate of incorporation—Application,
contents—Filing fee. When the incorporators of a domestic
association deliver the articles of incorporation and bylaws to
the director, the incorporators shall submit an application for
a certificate of incorporation, signed and verified by the
incorporators, together with the filing fee. The application
shall set forth:
(1) The names and addresses of the incorporators and
proposed directors and officers of the association;
33.08.055
[Title 33 RCW—page 6]
(2) A statement of the character, financial responsibility,
experience, and fitness of the directors and officers to engage
in the association business;
(3) Statements of estimated receipts, expenditures, earnings, and financial condition of the association for the first
two years or such longer period as the director may require;
(4) A showing that the association will have a reasonable
chance to succeed in the market area in which it proposes to
operate;
(5) A showing that the public convenience and advantage will be promoted by the formation of the proposed association; and
(6) Any other matters the director may require. [1994 c
92 § 428; 1982 c 3 § 17.]
Additional notes found at www.leg.wa.gov
33.08.060 Investigation—Fee. Upon receipt of the
articles of incorporation and bylaws, the director shall proceed to determine, from all sources of information and by
such investigation as he or she may deem necessary, whether:
(1) The proposed articles and bylaws comply with all
requirements of law;
(2) The incorporators and directors possess the qualifications required by this title;
(3) The incorporators have available for the operation of
the business at the specified location sufficient cash assets;
(4) The general fitness of the persons named in the articles of incorporation are such as to command confidence and
warrant belief that the business of the proposed association
will be honestly and efficiently conducted in accordance with
the intent and purposes of this title;
(5) The public convenience and advantage will be promoted by allowing such association to be incorporated and
engage in business in the market area indicated; and
(6) The population and industry of the market area afford
reasonable promise of adequate support for the proposed
association.
For the purpose of this investigation and determination,
the incorporators, when delivering the articles and bylaws to
the director, shall pay to the director an investigation fee, the
amount of which shall be established by rule of the director.
[1994 c 92 § 429; 1982 c 3 § 18; 1969 c 107 § 1; 1963 c 246
§ 1; 1945 c 235 § 7; Rem. Supp. 1945 § 3717-126. Prior:
1933 c 183 § 6; 1925 ex.s. c 144 § 2; 1919 c 169 § 2; 1913 c
110 § 3; 1890 p 56 § 3.]
33.08.060
Additional notes found at www.leg.wa.gov
33.08.070 Approval or refusal—Appellate review.
The director, not later than six months after receipt of the proposed articles and bylaws shall endorse upon each copy
thereof the word "approved" or "refused" and the date
thereof. In case of refusal, he or she shall forthwith return one
copy of the articles and bylaws to the incorporators, and the
refusal shall be final unless the incorporators, or a majority of
them, within thirty days after the refusal, appeal to the superior court of Thurston county. The appeal may be accomplished by the incorporators preparing a notice of appeal,
serving a copy of it upon the director, and filing the notice
with the clerk of the court, whereupon the clerk, under the
direction of the judge, shall give notice to the appellants and
33.08.070
(2010 Ed.)
Organization—Articles—Bylaws
to the director of a date for the hearing of the appeal. The
appeal shall be tried de novo by the court. At the hearing a
record shall be kept of the evidence adduced, and the decision
of the court shall be final unless appellate review is sought as
in other cases. [1994 c 92 § 430; 1988 c 202 § 33; 1971 c 81
§ 85; 1953 c 71 § 1; 1945 c 235 § 8; Rem. Supp. 1945 § 3717127. Prior: 1933 c 183 § 7; 1925 ex.s. c 144 § 2; 1919 c 169
§ 2; 1913 c 110 § 3; 1890 p 56 § 3.]
Additional notes found at www.leg.wa.gov
33.08.080
33.08.080 Articles and bylaws filed—Certificate of
incorporation issued—Revocation of right to engage in
business, when. If the director approves the incorporation of
the proposed association, the director shall forthwith return
two copies of the articles of incorporation and one copy of the
bylaws to the incorporators, retaining the others as a part of
the files of the director’s office. The incorporators, thereupon, shall file one set of the articles with the secretary of
state and retain the other set of the articles of incorporation
and the bylaws as a part of its minute records, paying to the
secretary of state such fees and charges as are required by
law. Upon receiving an original set of the approved articles of
incorporation, duly endorsed by the director as herein provided, together with the required fees, the secretary of state
shall issue the secretary of state’s certificate of incorporation
and deliver the same to the incorporators, whereupon the corporate existence of the association shall begin. Unless an
association whose articles of incorporation and bylaws have
been approved by the director shall engage in business within
two years from the date of such approval, its right to engage
in business shall be deemed revoked and of no effect. In the
director’s discretion, the two-year period in which the association must commence business may be extended for a reasonable period of time, which shall not exceed one additional
year. [1994 c 92 § 431; 1982 c 3 § 19; 1981 c 302 § 31; 1945
c 235 § 9; Rem. Supp. 1945 § 3717-128. Prior: 1933 c 183 §
8; 1925 ex.s. c 144 § 2; 1919 c 169 § 2; 1913 c 110 § 3; 1890
p 56 § 1.]
Additional notes found at www.leg.wa.gov
33.08.090
33.08.090 Amendment of articles. The members, at
any meeting called for the purpose, may amend the articles of
incorporation of the association by a majority vote of the
members present, in person or in proxy. The amended articles
shall be filed with the director and be subject to the same procedure of approval, refusal, appeal, and filing with the secretary of state as provided for the original articles of incorporation. Proposed amendments of the articles of incorporation
shall be submitted to the director at least thirty days prior to
the meeting of the members.
If the amendments include a change in the association’s
corporate name, the association shall give notice by mail to
each association doing business within this state at its principal place of business of the filing of the amended articles.
Persons interested in protesting an amendment changing the
association’s corporate name may contact the director in person or by writing prior to a date which shall be given in the
notice. [1994 c 92 § 432; 1982 c 3 § 20; 1981 c 302 § 32;
1979 c 113 § 2; 1945 c 235 § 10; Rem. Supp. 1945 § 3717(2010 Ed.)
33.08.110
129. Prior: 1933 c 183 §§ 9, 10; 1925 ex.s. c 144 § 1; 1913 c
110 § 1; 1903 c 116 § 1; 1890 p 56 §§ 16, 17.]
Additional notes found at www.leg.wa.gov
33.08.100
33.08.100 Amendment of bylaws. The bylaws adopted
by the incorporators and approved by the director shall be the
bylaws of the association. The members, at any meeting
called for the purpose, may amend the bylaws of the association on a majority vote of the members present, in person or
by proxy, or the directors at any regular or special meeting
called under the provisions of RCW 33.16.090 may amend
the bylaws of the association on a two-thirds majority vote of
the directors. Amendments of the bylaws shall become effective after being adopted by the board or the members. [1994
c 256 § 118; 1994 c 92 § 433; 1967 c 49 § 1; 1945 c 235 § 11;
Rem. Supp. 1945 § 3717-130. Prior: 1933 c 183 §§ 9, 10;
1890 p 56 § 3.]
Reviser’s note: This section was amended by 1994 c 92 § 433 and by
1994 c 256 § 118, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
33.08.110
33.08.110 Branch association—Authorized—Procedure—Limitations—Discontinuance of branch, procedure. An association with the written approval of the director, may establish and operate branches in any place within
the state.
An association desiring to establish a branch shall file a
written application therefor with the director, who shall
approve or disapprove the application within four months
after receipt.
The director’s approval shall be conditioned on a finding
that the resources in the market area of the proposed location
offer a reasonable promise of adequate support for the proposed branch and that the proposed branch is not being
formed for other than the legitimate purposes under this title.
A branch shall not be established or permitted if the contingent fund, loss reserves and guaranty stock are less than the
aggregate paid-in capital which would be required by law as
a prerequisite to the establishment and operation of an equal
number of branches in like locations by a commercial bank.
If the application for a branch is not approved, the association
shall have the right to appeal in the same manner and within
the same time as provided by RCW 33.08.070 as now or
hereafter amended. The association when delivering the
application to the director shall transmit to the director a
check in an amount established by rule to cover the expense
of the investigation. An association shall not move any office
more than two miles from its existing location without prior
approval of the director.
The board of directors of an association, after notice to
the director, may discontinue the operation of a branch. The
association shall keep the director informed in the matter and
shall notify the director of the date operation of the branch is
discontinued. [1994 c 92 § 434; 1982 c 3 § 21; 1974 ex.s. c
98 § 1; 1969 c 107 § 2; 1959 c 280 § 7.]
Additional notes found at www.leg.wa.gov
[Title 33 RCW—page 7]
Chapter 33.12
Chapter 33.12
Title 33 RCW: Savings and Loan Associations
Chapter 33.12 RCW
POWERS AND RESTRICTIONS
Sections
33.12.010
33.12.012
33.12.014
33.12.015
33.12.060
33.12.140
33.12.150
33.12.170
33.12.180
Powers in general.
Powers conferred upon federal savings and loan association as
of December 31, 1993.
Powers conferred upon federal savings and loan association—
Reserve or other requirements—Authority of director to
adopt by rule—Conditions.
Safe deposit companies.
Dealings with directors, officers, agents, employees prohibited—Exception.
Expense and contingent funds.
Contingent fund as reserve—Members’ rights to fund limited.
May borrow from home loan bank.
Trustee of retirement plan established under federal act entitled "Self-Employed Individuals Tax Retirement Act of
1962."
33.12.010 Powers in general. An association shall
have the same capacity to act as possessed by natural persons.
An association has authority to perform such acts as are necessary or proper to accomplish its purposes.
In addition to any other power an association may have,
an association has authority:
(1) To have and alter a corporate seal;
(2) To continue as an association for the time limited in
its articles of incorporation or, if no such time limit is specified, then perpetually;
(3) To sue or be sued in its corporate name;
(4) To acquire, hold, sell, dispose of, pledge, mortgage,
or encumber property, as its interests and purposes may
require;
(5) To conduct business in this state and elsewhere as
may be permitted by law and, to this end, to comply with any
law, regulation, or other requirements incident thereto;
(6) To acquire capital in the form of deposits, shares, or
other accounts for fixed, minimum or indefinite periods of
time as are authorized by its bylaws, and may issue such passbooks, statements, time certificates of deposit, or other evidence of accounts;
(7) To pay interest;
(8) To charge reasonable service fees for services provided as part of its business;
(9) To borrow money and to pledge, mortgage, or
hypothecate its properties and securities in connection therewith;
(10) To collect or protest promissory notes or bills of
exchange owned or held as collateral by the association;
(11) To let vaults, safes, boxes, or other receptacles for
the safekeeping or storage of personal property, subject to the
laws and regulations applicable to and with the powers possessed by safe deposit companies; and to act as escrow
holder;
(12) To act as fiscal agent for the United States of America; to purchase, own, vote, or sell stock in, or act as fiscal
agent for any federal home loan bank, the federal housing
administration, home owners’ loan corporation, or other state
or federal agency, organized under the authority of the United
States or of the state of Washington and authorized to loan to
or act as fiscal agent for associations or to insure savings
accounts or mortgages; and in the exercise of these powers, to
comply with any requirements of law or rules or orders pro33.12.010
[Title 33 RCW—page 8]
mulgated by such federal or state agency and to execute any
contracts and pay any charges in connection therewith;
(13) To procure insurance of its mortgages and of its
accounts from any state or federal corporation or agency
authorized to write such insurance and, in the exercise of
these powers, to comply with any requirements of law or
rules or orders promulgated and to execute any contracts and
pay any premiums required in connection therewith;
(14) To loan money and to sell any of its notes or other
evidences of indebtedness, together with the collateral securing the same;
(15) To make, adopt, and amend bylaws for the management of its property and the conduct of its business;
(16) To deposit moneys and securities in any other association or any bank or savings bank or other like depository;
(17) To dissolve and wind up its business;
(18) To collect or compromise debts due to it and, in so
doing, to apply to the indebtedness the accounts of the debtors, and to receive, as collateral or otherwise, other securities,
property or property rights of any kind or nature;
(19) To become a member of, deal with, or make reasonable payments or contribution to any organization to the
extent that such organization assists in furthering or facilitating the association’s purposes, powers or community responsibilities, and to comply with any reasonable conditions of
eligibility;
(20) To sell money orders, travelers checks and similar
instruments as agent for any organization empowered to sell
such instruments through agents within this state and to
receive money for transmission through a federal home loan
bank;
(21) To service loans and investments for others;
(22) To sell and to purchase mortgages or other loans,
including participating interests therein;
(23) To use abbreviations, words or symbols in connection with any document of any nature and on checks, proxies,
notices and other instruments which abbreviations, words, or
symbols shall have the same force and legal effect as though
the respective words and phrases for which they stand were
set forth in full for the purposes of all statutes of the state and
all other purposes;
(24) To conduct a trust business under rules adopted by
the director pursuant to chapter 34.05 RCW; and
(25) To exercise, by and through its board of directors
and duly authorized officers and agents, all such incidental
powers as may be necessary to carry on the business of the
association.
The powers granted in this section shall not be construed
as limiting or enlarging any grant of authority made elsewhere by this title. [1994 c 92 § 435; 1982 c 3 § 22; 1969 c
107 § 3; 1963 c 246 § 2; 1945 c 235 § 29; Rem. Supp. 1945 §
3717-148. Prior: 1939 c 98 §§ 6, 7; 1935 c 171 § 1; 1933 c
183 §§ 47, 48, 55, 59.]
Additional notes found at www.leg.wa.gov
33.12.012 Powers conferred upon federal savings
and loan association as of December 31, 1993. Notwithstanding any other provision of law, in addition to all powers
and authorities, express or implied, that an association has
under this title, an association may exercise any of the powers
33.12.012
(2010 Ed.)
Powers and Restrictions
or authorities conferred as of December 31, 1993, upon a federal savings and loan association doing business in this state.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance matters.
The restrictions, limitations and requirements applicable
to specific powers or authorities of federal savings and loan
associations shall apply to associations exercising those powers or authorities permitted under this section but only insofar
as the restrictions, limitations, and requirements relate to
exercising the powers or authorities granted associations
solely by this section. [1994 c 256 § 119; 1982 c 3 § 23; 1981
c 87 § 1.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
33.12.014 Powers conferred upon federal savings
and loan association—Reserve or other requirements—
Authority of director to adopt by rule—Conditions. Notwithstanding any other provision of law, in addition to all
powers and authorities, express or implied, that an association has under this title, the director may make reasonable
rules authorizing an association to exercise any of the powers
and authorities conferred at the time of the adoption of the
rules upon a federal savings and loan association doing business in this state, or may modify or reduce reserve or other
requirements if an association is insured by the federal savings and loan insurance corporation, if the director finds that
the exercise of the power or authorities:
(1) Serves the convenience and advantage of depositors
and borrowers; and
(2) Maintains the fairness of competition and parity
between state-chartered savings and loan associations and
federally-chartered savings and loan associations.
As used in this section, "powers and authorities" include
without limitation powers and authorities in corporate governance matters.
The restrictions, limitations and requirements applicable
to specific powers or authorities of federal savings and loan
associations shall apply to associations exercising those powers or authorities permitted under this section but only insofar
as the restrictions, limitations, and requirements relate to
exercising the powers or authorities granted associations
solely by this section. [1994 c 256 § 120; 1994 c 92 § 436;
1982 c 3 § 24; 1981 c 87 § 2.]
33.12.014
Reviser’s note: This section was amended by 1994 c 92 § 436 and by
1994 c 256 § 120, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
33.12.015 Safe deposit companies. See chapter 22.28
RCW.
33.12.015
33.12.150
tion. [1994 c 256 § 121; 1994 c 92 § 437; 1985 c 239 § 1;
1982 c 3 § 25; 1979 c 113 § 3; 1953 c 71 § 2; 1947 c 257 § 3;
1945 c 235 § 35; Rem. Supp. 1947 § 3717-154. Prior: 1939
c 98 § 10; 1933 c 183 §§ 51, 53.]
Reviser’s note: This section was amended by 1994 c 92 § 437 and by
1994 c 256 § 121, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
33.12.140 Expense and contingent funds. Before any
association is authorized to receive deposits or transact any
business, its incorporators shall create an expense fund, in
such amount as the director may determine, from which the
expense of organizing the association and its operating
expenses may be paid until such time as its earnings are sufficient to pay its operating expenses, and the incorporators
shall enter into an undertaking with the director to make such
further contributions to the expense fund as may be necessary
to pay its operating expenses until such time as it can pay
them from its earnings.
Before any mutual association is authorized to receive
deposits or transact any business, its incorporators shall create a contingent fund for the protection of its members
against investment losses, in an amount to be determined by
the director.
The contingent fund shall consist of payments in cash
made by the incorporators as provided in this section and of
all sums credited thereto from the earnings of the association
as hereinafter required.
Prior to the liquidation of any mutual association the
contingent fund shall not be encroached upon in any manner
except for losses and for the repayment of contributions made
by the incorporators.
No repayment of the contribution of incorporators to the
contingent fund shall be made until the net balance credited
to the contingent fund from earnings of the association, after
such repayment, equals five percent of the amount due members.
The incorporators may receive interest upon the amount
of their contributions to the contingent fund at the same rate
as is paid, from time to time, to savings members.
The amounts contributed to the contingent fund by the
incorporators shall not constitute a liability of the association
except as hereinafter provided, and any loss sustained by the
association in excess of that portion of the contingent fund
created from earnings may be charged against such contributions pro rata. [1994 c 92 § 438; 1982 c 3 § 26; 1945 c 235 §
13; Rem. Supp. 1945 § 3717-132. Prior: 1933 c 183 § 77;
1925 ex.s. c 144 § 7; 1919 c 169 § 8; 1913 c 110 §§ 13, 14;
1903 c 106 §§ 3, 5; 1890 p 56 §§ 6, 15, 31.]
33.12.140
Additional notes found at www.leg.wa.gov
33.12.150 Contingent fund as reserve—Members’
rights to fund limited. The contingent fund shall constitute
a reserve for the absorption of losses of a mutual association.
Members do not have, individually or collectively, any
right or claim to the contingent fund except upon dissolution
of the association. [1982 c 3 § 27; 1981 c 84 § 3; 1963 c 246
§ 4; 1961 c 222 § 2; 1945 c 235 § 51; Rem. Supp. 1945 §
33.12.150
33.12.060 Dealings with directors, officers, agents,
employees prohibited—Exception. An association shall
make no loan to or sell to or purchase any real property or
securities from any director, officer, agent, or employee of an
association except to the extent permitted to or from a director, officer, agent, or employee of a federal savings associa33.12.060
(2010 Ed.)
[Title 33 RCW—page 9]
33.12.170
Title 33 RCW: Savings and Loan Associations
3717-170. Prior: 1933 c 183 §§ 63, 67; 1925 ex.s. c 144 § 7;
1919 c 169 § 8; 1913 c 110 §§ 13, 14; 1903 c 116 § 5; 1890 p
56 § 31.]
33.12.170 May borrow from home loan bank.
RCW 30.32.030.
See
Home loan bank as depositary: RCW 30.32.040.
Investment in federal home loan bank stock or bonds authorized: RCW
30.32.020.
33.12.180 Trustee of retirement plan established
under federal act entitled "Self-Employed Individuals
Tax Retirement Act of 1962." A savings and loan association shall have the power to act as trustee under:
A retirement plan established pursuant to the provisions
of the act of congress entitled "Self-Employed Individuals
Tax Retirement Act of 1962" (76 Stat. 809, 26 U.S.C. Sec.
37), as now constituted or hereafter amended. If a retirement
plan, which in the judgment of the savings and loan association, constituted a qualified plan under the provisions of that
act at the time accepted by the savings and loan association,
is subsequently determined not to be a qualified plan or subsequently ceases to be a qualified plan in whole or in part, the
savings and loan association may, nevertheless, continue to
act as trustee of any deposits theretofore made under the plan
and to dispose of the same in accordance with the directions
of the trustor and the beneficiaries thereof. [1973 1st ex.s. c
93 § 1.]
33.12.180
Chapter 33.16 RCW
DIRECTORS, OFFICERS, AND EMPLOYEES
Chapter 33.16
Sections
33.16.010
33.16.020
33.16.030
33.16.040
33.16.050
33.16.060
33.16.080
33.16.090
33.16.120
33.16.130
33.16.150
33.16.170
Directors—Number—Vacancies.
Directors—Qualifications—Eligibility.
Directors—Prohibited acts.
Removal of director, officer or employee on objection of
director of financial institutions—Procedure.
Removal of director for cause—When—Procedure.
Fiduciary relationship of directors and officers.
Officers—Election—Service.
Board meetings—Notice—Quorum.
Statement of assets and liabilities—Reports.
Bonds of officers and employees.
Pensions, retirement plans and other benefits.
Federal home loan bank as depositary.
Indemnification of directors, officers, employees, etc., by corporation, insurance: RCW 23B.08.320, 23B.08.500 through 23B.08.580, 23B.08.600,
and 23B.17.030.
33.16.010 Directors—Number—Vacancies. The
business and affairs of every association shall be managed
and controlled by a board of not less than seven nor more than
fifteen directors, a majority of which shall not be officers or
employees of the association. The persons designated in the
articles of incorporation shall be the first directors.
Vacancies in the board of directors shall be filled by vote
of the members at the annual meetings or at a special meeting
called for the purpose. The board of directors may fill vacancies occurring on the board, such appointees to serve until the
next annual meeting of the members. [1947 c 257 § 1; 1945
c 235 § 14; Rem. Supp. 1947 § 3717-133. Prior: 1933 c 183
33.16.010
[Title 33 RCW—page 10]
33.16.020 Directors—Qualifications—Eligibility.
The board of directors shall be elected at the annual meeting,
unless the bylaws of the association otherwise provide.
A person shall not be a director of an association if the
person has been adjudicated bankrupt or has taken the benefit
of any assignment for the benefit of creditors or has suffered
a judgment recovered against him for a sum of money to
remain unsatisfied of record or unsuperseded on appeal for a
period of more than three months.
To be eligible to hold the position of director of an association, a person must have savings or stock or a combination
thereof in the sum or the aggregate sum of at least one thousand dollars. Such minimum amount shall not be reduced
either by withdrawal or by pledge for a loan or in any other
manner, so long as he remains a director of the association.
[1982 c 3 § 28; 1963 c 246 § 5; 1945 c 235 § 15; Rem. Supp.
1945 § 3717-134. Prior: 1933 c 183 §§ 12, 14; 1925 ex.s. c
144 § 3; 1919 c 169 § 3; 1913 c 110 § 4.]
33.16.020
Additional notes found at www.leg.wa.gov
33.12.170
§ 11; 1925 ex.s. c 144 § 3; 1919 c 169 § 3; 1913 c 110 § 4;
1890 p 56 § 32.]
Additional notes found at www.leg.wa.gov
33.16.030 Directors—Prohibited acts. A director of a
savings and loan association shall not, except to the extent
permitted for a director of a federal savings and loan association:
(1) Have any interest, direct or indirect, in the gains or
profits of the association, except to receive dividends, or
interest upon his or her contribution to the contingent fund or
upon his or her deposit accounts. However, nothing in this
subsection shall prevent an officer from receiving his or her
authorized compensation nor from participating in a benefit
program under RCW 33.16.150, nor prevent a director from
receiving an authorized director’s fee;
Receive and retain, directly or indirectly, for his or her
own use any commission on any loan, or purchase of real
property or securities, made by the association;
(2) Become an endorser, surety, or guarantor, or in any
manner an obligor, for any loan made by the association;
(3) For himself or herself or as agent, partner, stockholder, or officer of another, directly or indirectly, borrow
from the association, except as hereinafter provided. [1994 c
256 § 122; 1982 c 3 § 29; 1945 c 235 § 16; Rem. Supp. 1945
§ 3717-135. Prior: 1933 c 183 §§ 21, 62.]
33.16.030
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
33.16.040 Removal of director, officer or employee
on objection of director of financial institutions—Procedure. If the director shall notify the board of directors of any
association in writing, that he or she has information that any
director, officer, or employee of such association is dishonest, reckless, or incompetent or is failing to perform any duty
of his or her office, the board shall meet and consider such
matter forthwith and the director shall have notice of the time
and place of such meeting. If the board shall find the director’s objection to be well founded, such director, officer, or
employee shall be removed immediately. If the board does
not remove the director, officer, or employee against whom
33.16.040
(2010 Ed.)
Directors, Officers, and Employees
the objections have been filed, or if the board fails to meet,
consider or act upon the objections within twenty days after
receiving the same, the director may forthwith or within
twenty days thereafter, remove such individual by complying
with the administrative procedure act, chapter 34.05 RCW. If
the director feels that the public interest or safety of the association requires the immediate removal of such individual,
the director may petition the superior court for a temporary
injunction suspending the performance of the individual as a
director pending the administrative procedure hearing. [1994
c 92 § 439; 1982 c 3 § 30; 1973 c 130 § 21; 1945 c 235 § 17;
Rem. Supp. 1945 § 3717-136. Prior: 1933 c 183 § 18.]
Appointment of provisional officers and directors: RCW 33.40.150.
Additional notes found at www.leg.wa.gov
33.16.050 Removal of director for cause—When—
Procedure. If a director becomes ineligible or if the director’s conduct or habits are such as to reflect discredit upon the
association or if other good cause exists, the director may be
removed from office by an affirmative vote of two-thirds of
the members of the board of directors at any regular meeting
of the board or at any special meeting called for that purpose.
No such vote upon removal of a director shall be taken until
the director has been advised of the reasons therefor and has
had opportunity to submit to the board of directors a statement relative thereto, either oral or written. If the director
affected is present at the meeting, he shall leave the place
where the meeting is being held after his statement has been
submitted and prior to the vote upon the matter of his
removal. [1982 c 3 § 31; 1945 c 235 § 19; Rem. Supp. 1945
§ 3717-138. Prior: 1933 c 183 § 17; 1925 ex.s. c 144 § 3;
1919 c 169 § 3; 1913 c 110 § 4.]
33.16.050
Additional notes found at www.leg.wa.gov
33.16.060 Fiduciary relationship of directors and
officers. Directors and officers of an association shall be
deemed to stand in a fiduciary relation to the association and
shall discharge the duties of their respective positions in good
faith and with that diligence, care, and skill which ordinary,
prudent persons would exercise under similar circumstances
in like position. [1982 c 3 § 32; 1945 c 235 § 20; Rem. Supp.
1945 § 3717-139. Prior: 1933 c 183 § 15; 1925 ex.s. c 144 §
3; 1919 c 169 § 3; 1913 c 110 § 4.]
33.16.060
Additional notes found at www.leg.wa.gov
33.16.080 Officers—Election—Service. The board of
directors of the association shall elect the officers named in
the bylaws of the association, which officers shall serve at the
pleasure of the board. [1982 c 3 § 33; 1945 c 235 § 22; Rem.
Supp. 1945 § 3717-141. Prior: 1939 c 98 § 2; 1933 c 183 §§
19, 20.]
33.16.080
Additional notes found at www.leg.wa.gov
33.16.090 Board meetings—Notice—Quorum. The
board of directors of each association shall hold a regular
meeting at least once each quarter and whenever required by
the director, at a time to be designated by it. Special meetings
of the board of directors may be held upon notice to each
director sufficient to permit his or her attendance.
33.16.090
(2010 Ed.)
33.16.150
At any meeting of the board of directors, a majority of
the members shall constitute a quorum for the transaction of
business.
The president of the association or chairman of the board
or any three members of the board may call a meeting of the
board by giving notice to all of the directors. [1994 c 256 §
123; 1982 c 3 § 34; 1945 c 235 § 23; Rem. Supp. 1945 §
3717-142. Prior: 1933 c 183 § 19.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Additional notes found at www.leg.wa.gov
33.16.120 Statement of assets and liabilities—
Reports. The board of directors shall cause to be prepared,
from the books of the association, a statement of assets and of
liabilities, at the end of the association’s fiscal year.
The board shall also cause to be prepared, certified, and
filed with the director, upon blanks to be furnished by the
director, such reports and statements as the director, from
time to time, may require. [1994 c 92 § 440; 1982 c 3 § 35;
1973 c 130 § 23; 1945 c 235 § 27; Rem. Supp. 1945 § 3717146. Prior: 1933 c 183 § 79; 1919 c 169 §§ 11, 12; 1913 c
110 §§ 18, 19; 1890 p 56 §§ 18, 36.]
33.16.120
Additional notes found at www.leg.wa.gov
33.16.130 Bonds of officers and employees. The board
of directors of every association shall procure a bond or
bonds, covering all of its active officers, agents, and employees, whether or not they draw salary or compensation, with
duly qualified corporate surety authorized to do business in
the state of Washington, conditioned that the surety will
indemnify and save harmless the association against any and
all loss or losses arising through the larceny, theft, embezzlement, or other fraudulent or dishonest act or acts of any such
officer, agent, or employee. Such bond coverage may provide
for a deductible amount from any loss which otherwise
would be recoverable from the corporate surety. A deductible
amount may be applied separately to one or more bonding
agreements. The bond shall not provide for more than one
deductible amount from all losses caused by the same person
or caused by the same persons acting in collusion or combination in cases in which such losses result from dishonesty of
employees (as defined in the bond).
Such bond or bonds shall be in such amount, as to each
of said officers or employees, as the directors shall deem
advisable, and said bond or bonds shall be subject to the
approval of the director and shall be filed with him or her.
The board shall review such bond, or bonds, at its regular
meeting in January of each year, and by resolution determine
such bond coverage for the ensuing year. [1994 c 92 § 441;
1979 c 113 § 4; 1945 c 235 § 28; Rem. Supp. 1945 § 3717147. Prior: 1939 c 98 § 2; 1933 c 183 § 20; 1925 ex.s. c 144
§ 3; 1919 c 169 § 3; 1913 c 110 § 4; 1890 p 56 § 21.]
33.16.130
Additional notes found at www.leg.wa.gov
33.16.150 Pensions, retirement plans and other benefits. An association may provide for pensions, retirement
plans and other benefits for its officers and employees, and
may contribute to the cost thereof in accordance with the plan
adopted by its board of directors. Any officer or employee of
the association who is also a director or any director who has
33.16.150
[Title 33 RCW—page 11]
33.16.170
Title 33 RCW: Savings and Loan Associations
been an officer or employee is eligible for and may receive
such pension, retirement plan, or other benefit to the extent
that the officer or employee regularly participates or the
director while an officer or employee regularly participated
in the operation of the association. [1982 c 3 § 36; 1945 c 235
§ 38; Rem. Supp. 1945 § 3717-157.]
Additional notes found at www.leg.wa.gov
33.16.170 Federal home loan bank as depositary.
See RCW 30.32.040.
33.16.170
Chapter 33.20
Chapter 33.20 RCW
MEMBERS—SAVINGS
33.20.040
33.20.060
33.20.125
33.20.130
33.20.150
33.20.170
33.20.180
33.20.190
33.20.040 Minors as members. Subject to chapter
30.22 RCW, minors may become depositors or members of
an association and all contracts entered into between a minor
and an association, with respect to his membership or his
deposits therein, shall be valid and enforceable, and a minor
may not disaffirm, because of his minority, any such membership or agreement in connection therewith. [1982 c 3 §
38; 1981 c 192 § 30; 1945 c 235 § 41; Rem. Supp. 1945 §
3717-160. Prior: 1933 c 183 §§ 24, 40; 1919 c 169 § 5; 1913
c 110 § 6.]
33.20.040
Additional notes found at www.leg.wa.gov
33.20.060 State, political subdivisions, fiduciaries as
depositors. The state of Washington and the political subdivisions thereof, and trustees, administrators, executors,
guardians, and other fiduciaries, either individual or corporate, in their fiduciary capacity, may be depositors in associations. [1982 c 3 § 39; 1945 c 235 § 44; Rem. Supp. 1945 §
3717-163.]
33.20.060
Sections
33.20.005
33.20.010
Additional notes found at www.leg.wa.gov
Deposits by individuals governed by chapter 30.22 RCW.
Mutual association member’s interest in assets—Meetings—
Voting—Proxies.
Minors as members.
State, political subdivisions, fiduciaries as depositors.
Record of member deposits—As in lieu of passbook, statement, or certificate of deposit.
Dormant accounts.
Deposits with interest to be repaid on request—Postponement
of withdrawals—Procedure.
Withdrawals may be limited—Conditions.
Classification of depositors—Regulation of earnings according to class.
Withdrawal by association draft or negotiable or transferable
order or authorization—Interest eligibility.
33.20.005 Deposits by individuals governed by chapter 30.22 RCW. Deposits made by individuals in an association are governed by chapter 30.22 RCW. [1981 c 192 §
29.]
33.20.005
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
33.20.125 Record of member deposits—As in lieu of
passbook, statement, or certificate of deposit. An association shall maintain a record of all deposits received from its
members. The issuance of a passbook, statement, or certificate may be omitted for any account if a record thereof is
maintained in lieu of a passbook, statement, or certificate of
deposit, on which shall be entered deposits, withdrawals, and
interest credited. [1982 c 3 § 40.]
33.20.125
Additional notes found at www.leg.wa.gov
33.20.130 Dormant accounts. When any savings
member shall have neither paid in nor withdrawn any funds
from his or her savings account in the association for seven
consecutive years, and his or her whereabouts is unknown to
the association and he or she shall not respond to a letter from
the association inquiring as to his or her whereabouts, sent by
registered mail to his or her last known address, the association may transfer his or her account to a "Dormant Accounts"
fund. Any savings account in the "Dormant Accounts" fund
shall not participate in the earnings of the association except
by permissive action of the directors of the association. The
member, or his or her or its executor, administrator, successors or assigns, may claim the amount so transferred from his
or her account to the dormant accounts fund at any time after
such transfer. Should the association be placed in liquidation
while any savings account shall remain credited in the dormant accounts fund and before any valid claim shall have
been made thereto, as hereinabove provided, such savings
account so credited, upon order of the director and without
any other escheat proceedings, shall escheat to the state of
Washington. [1994 c 92 § 442; 1945 c 235 § 53; Rem. Supp.
1945 § 3717-172. Prior: 1933 c 183 § 38.]
33.20.130
33.20.010 Mutual association member’s interest in
assets—Meetings—Voting—Proxies. Each member having deposits in a mutual association shall have a proportionate proprietary interest in its assets or net earnings subordinate to the claims of its other creditors. At any meeting of the
members of a mutual association, each member shall be entitled to at least one vote. A mutual association, by its bylaws,
may provide that each member shall be entitled to one vote
for each one hundred dollars of the member’s deposit
account. At any meeting of the members, voting may be in
person or by proxy. Proxies shall be in writing and signed by
the member and, when filed with the secretary, shall continue
in force until revoked or superseded by subsequent proxies.
Written notice of the time and place of the holding of special
meetings (other than the regular annual meeting) shall be
mailed to each member at his last known address not more
than thirty days, nor less than ten days prior to the meeting.
The regular annual meeting of the mutual association shall be
announced by publication of a notice thereof in a newspaper
published in the city or town, or, if the association is not in a
city or town, in the county in which the association is located
at least ten days prior to the date of such meeting, or by ten
days’ written notice to the members mailed to the last known
address of each member. [1982 c 3 § 37; 1969 c 107 § 4;
1949 c 20 § 2; 1945 c 235 § 12; Rem. Supp. 1949 § 3717-131.
Prior: 1933 c 183 §§ 13, 39; 1919 c 169 § 4; 1913 c 110 § 5;
1903 c 116 § 6; 1890 p 56 § 39.]
33.20.010
[Title 33 RCW—page 12]
Escheats: Chapter 11.08 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
33.20.150 Deposits with interest to be repaid on
request—Postponement of withdrawals—Procedure.
33.20.150
(2010 Ed.)
Loans and Investments
The deposits paid into an association, together with any interest credited thereon, shall be repaid to the depositors thereof
respectively, or to their legal representatives, upon request.
If, in the judgment of the board, circumstances warrant
deferment of the payment of withdrawals from savings
accounts to a later date, thereafter withdrawals shall be paid
proportionately, on a percentage basis, to all depositors
requesting withdrawal until full withdrawal requests are paid
to all depositors. A board resolution of deferment shall not
affect the payments of withdrawals from federal tax and loan
accounts.
The board shall, however, have the right in its discretion,
where need is shown, to pay not exceeding one hundred dollars to any account holder in one month.
If, upon examination, the director finds that further postponement of withdrawals is unwarranted, the director may
order the association to resume full payment of withdrawals
and cancel all written withdrawal requests. Such order shall
be in writing.
The association’s failure, during a period of postponement, to pay withdrawal requests shall not authorize the
director to take charge of or liquidate the association. [1994
c 92 § 443; 1982 c 3 § 41; 1979 c 113 § 5; 1953 c 71 § 5; 1945
c 235 § 54; Rem. Supp. 1945 § 3717-173. Prior: 1939 c 98 §
5; 1933 c 183 §§ 29, 30, 31, 32, 33, 34, 37; 1919 c 169 § 10;
1913 c 110 § 16; 1890 p 56 § 27.]
Additional notes found at www.leg.wa.gov
33.20.170 Withdrawals may be limited—Conditions.
The director further is empowered, if in his or her judgment
the circumstances warrant it, to issue in writing a declaration
that an acute business depression, state of panic, or economic
emergency exists, in which event the directors of any association, state or federal, within the state may limit withdrawals
by resolution, subject to the following conditions; that
incoming funds shall be applied:
First, to the payment of operating expenses, indebtedness, taxes, insurance, and to the necessary charges for the
protection of the association and its investments;
Second, to the payment to members of emergency withdrawals not exceeding twenty-five dollars per month to any
member. The board of directors of any association, with the
prior written approval of the director, by resolution may
authorize the payment of emergency withdrawals not exceeding one hundred dollars per month to any member;
Third, to the payment of dividends on the savings of its
members;
Fourth, three-fourths of all remaining receipts of the
association, except interest payments, shall be applied to the
payment of withdrawals, until all withdrawal requests have
been paid.
All such withdrawal payments shall be made to members
having withdrawal requests on file in proportion to the
amount of such withdrawal requests. [1994 c 92 § 444; 1945
c 235 § 99; Rem. Supp. 1945 § 3717-218. Prior: 1939 c 98 §
5; 1933 c 183 §§ 29, 30, 31, 32, 33, 34; 1919 c 169 § 10; 1913
c 110 § 16; 1890 p 56 § 27.]
33.20.170
33.20.180 Classification of depositors—Regulation of
earnings according to class. An association may classify its
33.20.180
(2010 Ed.)
33.24.005
depositors according to the character, amount, frequency or
duration of their dealings with the association and may regulate the earnings in such manner that each depositor receives
the same rate of interest as all others of the depositor’s class.
[1982 c 3 § 42; 1969 c 107 § 9.]
Additional notes found at www.leg.wa.gov
33.20.190 Withdrawal by association draft or negotiable or transferable order or authorization—Interest
eligibility. An association may, on instruction from a depositor, effect withdrawals from the depositor’s account by the
association’s drafts payable to parties and on terms as so
instructed. An association may allow a depositor to effect
withdrawals or transfers from the depositor’s account upon
negotiable or transferable order or authorization to the association. To the extent of the subjection of accounts to such
withdrawal instructions or orders, such accounts may be specifically classified under RCW 33.20.180 and ineligible to
receive interest or eligible only for limited interest. [1982 c 3
§ 43; 1980 c 54 § 1; 1969 c 107 § 10.]
33.20.190
Additional notes found at www.leg.wa.gov
Chapter 33.24
Chapter 33.24 RCW
LOANS AND INVESTMENTS
Sections
33.24.005
33.24.007
33.24.010
33.24.015
33.24.020
33.24.025
33.24.030
33.24.040
33.24.050
33.24.060
33.24.065
33.24.070
33.24.080
33.24.090
33.24.100
33.24.115
33.24.160
33.24.200
33.24.210
33.24.220
33.24.270
33.24.295
33.24.345
33.24.350
33.24.360
33.24.370
33.24.375
"Mortgage" includes deed of trust and real estate contract.
"Real property" defined.
Loans to any one person—Limitation.
Loans generally—Limitation.
Obligations of United States or Canada.
Investment in investment trusts or companies.
Obligations of this state.
Obligations of other states.
Obligations of municipal corporations in this state.
Obligations of municipal corporations in any state.
Obligations issued or guaranteed by multilateral development
bank.
City or district light, water, and sewer revenue bonds.
Local improvement district bonds.
Obligations of federal and state agencies—Investment in other
associations.
Loans or other obligations secured by real property.
Forming, incorporating with, or investing in other entities—
Limitation.
Investment in office equipment and real property interests
used in doing business.
Personal liability on unlawful loans.
Revenue bonds of public utility districts.
Stock or bonds of federal home loan bank.
Stock in small business investment companies.
Loans for nonbusiness family purposes—Limitation.
Acquisition of control of association—Authorized.
Acquisition of control of association—Definitions.
Acquisition of control of association—Unlawful, when—
Application—Contents—Notice to other associations—Penalty.
Acquisition of control of association—Action or proceeding to
prevent—Grounds.
Acquisition of control of association—Application to foreign
association branches.
Federal bonds and notes as investment or collateral: Chapter 39.60 RCW.
Interest and usury in general: Chapter 19.52 RCW.
Mortgages: Title 61 RCW.
Real property and conveyances: Title 64 RCW.
33.24.005 "Mortgage" includes deed of trust and real
estate contract. The word "mortgage" as used in this title
33.24.005
[Title 33 RCW—page 13]
33.24.007
Title 33 RCW: Savings and Loan Associations
includes deed of trust and real estate contract. [1982 c 3 § 44;
1973 c 130 § 28.]
Additional notes found at www.leg.wa.gov
33.24.007 "Real property" defined. Unless the context clearly requires otherwise, "real property" means
improved or unimproved real estate and includes leasehold
interests in improved or unimproved real estate and includes
manufactured housing whether temporarily, semipermanently, or permanently attached to land and mobile homes
and manufactured homes whose title has been eliminated
under chapter 65.20 RCW. [1989 c 343 § 23; 1982 c 3 § 49.]
(2) The investment company or investment trust takes
delivery of the collateral for any repurchase agreement either
directly or through an authorized custodian. [1994 c 92 §
446; 1989 c 97 § 3.]
33.24.007
Additional notes found at www.leg.wa.gov
33.24.010 Loans to any one person—Limitation. An
association may invest its funds only as provided in this chapter.
It shall not invest more than two and a half percent of its
assets in any loan or obligation to any one person, except with
the written approval of the director. [1994 c 92 § 445; 1982
c 3 § 45; 1979 c 113 § 6; 1963 c 246 § 7; 1953 c 71 § 6; 1947
c 257 § 5; 1945 c 235 § 58; Rem. Supp. 1947 § 3717-177.
Prior: 1939 c 98 § 11; 1933 c 183 §§ 39, 52, 56, 58; 1925
ex.s. c 144 § 5; 1913 c 110 §§ 8, 9; 1903 c 116 § 2; 1890 p 56
§§ 4, 30.]
33.24.010
Additional notes found at www.leg.wa.gov
33.24.015 Loans generally—Limitation. An association may invest not more than twenty percent of its assets in
loans on such terms as it deems appropriate. [1982 c 3 § 51.]
33.24.015
Additional notes found at www.leg.wa.gov
33.24.020 Obligations of United States or Canada.
An association may invest its funds in loans upon or purchases of the bonds or obligations of or bonds or obligations
guaranteed by the United States of America, including bonds
of the District of Columbia, of the Dominion of Canada, or
those for which the faith of the United States or the Dominion
of Canada is pledged to provide for the payment of interest
and principal: PROVIDED, That, in the case of bonds of the
Dominion of Canada or those for which its faith is pledged,
the interest and principal shall be payable in the United States
or with exchange to a city in the United States and in lawful
money of the United States or its equivalent. [1947 c 257 §
6; 1945 c 235 § 59; Rem. Supp. 1947 § 3717-178. Prior:
1939 c 98 § 11; 1935 c 9 §§ 1, 2, 3; 1933 c 183 § 56.]
33.24.020
33.24.025 Investment in investment trusts or companies. Except as may be limited by the director by rule, an
association may invest its funds in obligations of the United
States, as authorized by RCW 33.24.020, either directly or in
the form of securities of, or other interests in, an open-end or
closed-end management type investment company or investment trust registered under the federal investment company
act of 1940, as now or hereafter amended, if both of the following conditions are met:
(1) The portfolio of the investment company or investment trust is limited to obligations of the United States and to
repurchase agreements fully collateralized by such obligations; and
33.24.025
[Title 33 RCW—page 14]
33.24.030 Obligations of this state. An association
may invest its funds in the bonds or interest bearing obligations of this state or any agency thereof. [1955 c 126 § 1;
1945 c 235 § 60; Rem. Supp. 1945 § 3717-179. Prior: 1939
c 98 § 11; 1933 c 183 § 56.]
33.24.030
33.24.040 Obligations of other states. An association
may invest its funds in the bonds or interest bearing obligations of any other state of the United States upon which there
is no existing default and upon which there has been no
default for more than ninety days within ten years immediately preceding the investment: PROVIDED, That such state
has not been in default for more than ninety days, within said
ten years, in the payment of any part of the principal or interest of any debt contracted by it or for which the faith of such
state was pledged. [1945 c 235 § 61; Rem. Supp. 1945 §
3717-180. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]
33.24.040
33.24.050 Obligations of municipal corporations in
this state. An association may invest its funds in the valid
warrants or bonds of any city, town, county, school district,
port district, or other municipal corporation in the state of
Washington which are issued pursuant to law and for the payment of which the faith and credit of such municipal corporations is pledged and taxes are leviable upon all taxable property within its limits. The aggregate of the investments of an
association in any issue of such warrants or bonds shall at no
time exceed five percent of the amount of its savings
accounts. [1945 c 235 § 62; Rem. Supp. 1945 § 3717-181.
Prior: 1939 c 98 § 11; 1933 c 183 § 56.]
33.24.050
33.24.060 Obligations of municipal corporations in
any state. An association may invest its funds in the valid
warrants or bonds of any city, county, school district, port
district, or other municipal corporation in the United States
having a population of not less than fifty thousand inhabitants
as determined by the last federal census, which municipal
corporation has not defaulted in the payment of interest or
principal upon any general obligation, including those for
which its credit was pledged, within ten years last past, and
for the payment of which the faith and credit of such municipal corporation is pledged and taxes are leviable upon all taxable property within its limits. No such investment shall be
made unless the warrants or bonds for purchase are rated not
less than BAA by Moody’s Investors’ Service, or have equivalent rating of another standard rating bureau, and the aggregate of the investments of an association in any issue of such
warrants or bonds shall at no time exceed five percent of the
amount of its savings accounts. [1945 c 235 § 63; Rem.
Supp. 1945 § 3717-182. Prior: 1939 c 98 § 11; 1933 c 183 §
56.]
33.24.060
33.24.065 Obligations issued or guaranteed by multilateral development bank. An association may invest in
obligations issued or guaranteed by any multilateral develop33.24.065
(2010 Ed.)
Loans and Investments
ment bank in which the United States government formally
participates. Such investment in any one multilateral development bank shall not exceed five percent of the association’s assets. [1985 c 301 § 3.]
33.24.070 City or district light, water, and sewer revenue bonds. An association may invest its funds in the revenue bonds of any city, town, district, or political subdivision
of this state for the payment of which revenue of the city,
town, district or political subdivision utility or revenue producing facility is irrevocably pledged.
It may invest its funds in the light, water, or sewer revenue bonds of any city or other municipal corporation in the
United States having a population of not less than fifty thousand inhabitants as determined by the last federal census,
which has not defaulted in the payment of interest or principal upon this or any like obligation, including those for which
its credit was pledged, within ten years last past, for the payment of which the entire revenue of the city’s or other municipal corporation’s light, water, or sewer system, less maintenance and operating costs, is irrevocably pledged.
The aggregate of the investments of an association in any
issue of such revenue bonds shall at no time exceed five percent of the amount of its savings accounts. [1955 c 126 § 2;
1945 c 235 § 64; Rem. Supp. 1945 § 3717-183. Prior: 1939
c 98 § 11; 1933 c 183 § 56.]
33.24.070
33.24.270
either federal or state law, which have an authorized office in
this state: PROVIDED, That the investment in any such
other savings and loan association shall not exceed the
amount which is insured by the Federal Savings and Loan
Insurance Corporation. [1959 c 280 § 3; 1953 c 71 § 8; 1945
c 235 § 66; Rem. Supp. 1945 § 3717-185. Prior: 1939 c 98 §
11; 1935 c 9 §§ 1, 2, 3; 1933 c 183 § 56.]
33.24.100 Loans or other obligations secured by real
property. An association may invest its funds in loans, mortgages, or other obligations secured by real property. [1982 c
3 § 46; 1979 c 113 § 7; 1969 c 107 § 5; 1949 c 20 § 6; 1945 c
235 § 67; Rem. Supp. 1949 § 3717-186. Prior: 1939 c 98 §
11; 1935 c 9 §§ 1, 2, 3; 1933 c 183 §§ 56, 58; 1925 ex.s. c 144
§ 5; 1913 c 110 §§ 8, 9; 1903 c 116 § 2; 1890 p 56 § 4.]
33.24.100
Additional notes found at www.leg.wa.gov
33.24.115 Forming, incorporating with, or investing
in other entities—Limitation. An association, alone or in
conjunction with other entities, may form, incorporate, or
invest in corporations or other entities, whether or not such
other corporation or entity is related to the association’s business. The aggregate amount of funds invested or used in the
formation of corporations or other entities under this section
shall not exceed ten percent of the assets of the association.
[1982 c 3 § 50.]
33.24.115
Additional notes found at www.leg.wa.gov
33.24.080 Local improvement district bonds. An
association may invest its funds in the bonds of any local
improvement district of any city of this state (except bonds
issued for an improvement consisting of grading only), the
ultimate payment of which is guaranteed by the municipality
under the provisions of guaranty laws of this state: PROVIDED, That one-half of the lots in the district are improved
with revenue producing houses or other improvements and
that local improvement district bonds falling within the
twenty-five percent, in amount of any issue, last callable for
payment shall neither be acquired nor taken as security. The
aggregate of the investments of an association in any issue of
such bonds shall at no time exceed three percent of the
amount of its savings accounts, and it may not have invested,
at any one time, more than one hundred thousand dollars in
the bonds of any such district. [1953 c 71 § 7; 1945 c 235 §
65; Rem. Supp. 1945 § 3717-184. Prior: 1939 c 98 § 11;
1933 c 183 § 56.]
33.24.080
33.24.090 Obligations of federal and state agencies—
Investment in other associations. An association may
invest its funds in stock or notes, bonds, debentures, or other
such obligations of any federal home loan bank, the Home
Owners’ Loan Corporation, any federal land bank, the Federal Savings and Loan Insurance Corporation, the Federal
Housing Administration, the Federal National Mortgage
Association, or any other instrumentality of the federal government, or any state or federal agency organized under the
laws of the United States or of the state of Washington authorized to loan to or act as a fiscal agency for, or insurer of, a
savings and loan association.
An association may become a member of and invest its
funds in other savings and loan associations organized under
33.24.160 Investment in office equipment and real
property interests used in doing business. An association
may invest its funds in the acquisition of furniture, fixtures
and office equipment convenient and necessary for the carrying on of its business.
An association may invest its funds in real property or
leasehold interests therein for use in the transaction of its
business. [1982 c 3 § 47; 1945 c 235 § 73; Rem. Supp. 1945
§ 3717-192. Prior: 1939 c 98 § 11; 1933 c 183 § 56.]
33.24.160
Additional notes found at www.leg.wa.gov
33.24.200 Personal liability on unlawful loans. Every
director, officer, agent, or employee of an association who
shall borrow or who shall knowingly permit any person to
borrow any of its funds in violation of the provisions of this
title shall be personally liable for any loss or damage which
the association may sustain in consequence thereof. [1945 c
235 § 94; Rem. Supp. 1945 § 3717-213.]
33.24.200
33.24.090
(2010 Ed.)
33.24.210 Revenue bonds of public utility districts.
See RCW 54.24.120.
33.24.210
33.24.220 Stock or bonds of federal home loan bank.
See RCW 30.32.020.
33.24.220
Home loan bank as depositary: RCW 30.32.040.
May borrow from home loan bank: RCW 30.32.030.
33.24.270 Stock in small business investment companies. A savings and loan association may purchase and hold
for its own investment accounts stock in small business
investment companies licensed and regulated by the United
States as authorized by the small business act, Public Law 8533.24.270
[Title 33 RCW—page 15]
33.24.295
Title 33 RCW: Savings and Loan Associations
536, as amended and now in force, in an amount not to
exceed one percent of its assets. [1973 c 130 § 30; 1969 c 107
§ 13.]
Additional notes found at www.leg.wa.gov
33.24.295 Loans for nonbusiness family purposes—
Limitation. An association may invest not to exceed twenty
percent of its assets in loans for any nonbusiness family purposes. [1982 c 3 § 48; 1979 c 113 § 12; 1973 c 130 § 27.]
33.24.295
Additional notes found at www.leg.wa.gov
33.24.345 Acquisition of control of association—
Authorized. A person or other entity, including an association, organized under the laws of this state or authorized to
transact business in this state, may acquire any or all of the
assets or shares of stock of any association authorized to
transact business under this title. [1982 c 3 § 52.]
33.24.345
Additional notes found at www.leg.wa.gov
33.24.350 Acquisition of control of association—Definitions. Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Subsidiary" of a person or other entity means any
person or other entity which is controlled by such person or
other entity.
(2) "Control" means directly or indirectly or acting in
concert with one or more other persons or entities, or through
one or more subsidiaries, owning, controlling, or holding
with the power to vote twenty-five percent or more of the voting rights of an association.
(3) "Acquiring party" means the person or other entity
acquiring control of a savings and loan association. [1982 c
3 § 53; 1973 c 130 § 1.]
33.24.350
Additional notes found at www.leg.wa.gov
33.24.360 Acquisition of control of association—
Unlawful, when—Application—Contents—Notice to
other associations—Penalty. (1) It is unlawful for any
acquiring party to acquire control of an association until
thirty days after the date of filing with the director an application containing substantially all of the following information
and any additional information that the director may prescribe as necessary or appropriate in the public interest or for
the protection of deposit account holders, borrowers or stockholders:
(a) The identity, character, and experience of each
acquiring party by whom or on whose behalf acquisition is to
be made;
(b) The financial and managerial resources and future
prospects of each acquiring party involved in the acquisition;
(c) The terms and conditions of any proposed acquisition
and the manner in which such acquisition is to be made;
(d) The source and amount of the funds or other consideration used or to be used in making the acquisition and, if
any part of these funds or other consideration has been or is
to be borrowed or otherwise obtained for the purpose of making the acquisition, a description of the transaction and the
names of the parties. However, where a source of funds is a
loan made in the lender’s ordinary course of business, if the
33.24.360
[Title 33 RCW—page 16]
person filing the statement so requests, the director shall not
disclose the name of the lender to the public;
(e) Any plans or proposals which any acquiring party
making the acquisition may have to liquidate the association
to sell its assets, to merge it with any company, or to make
any other major changes in its business or corporate structure
or management;
(f) The identification of any persons employed, retained
or to be compensated by the acquiring party, or by any person
on his or her behalf, who makes solicitations or recommendations to stockholders for the purpose of assisting in the acquisition, and brief description of the terms of such employment,
retainer, or arrangements for compensation;
(g) Copies of all invitations for tenders or advertisements
making a tender offer to stockholders for purchase of their
stock to be used in connection with the proposed acquisition.
(2) When an unincorporated company is required to file
the statements under subsection (1)(a), (b), and (f) of this section, the director may require that the information be given
with respect to each partner of a partnership or limited partnership, by each member of a syndicate or group, and by each
person who controls a partner or member. When an incorporated company is required to file the statements under subsection (1)(a), (b), and (f) of this section, the director may
require that the information be given for the corporation and
for each officer and director of the corporation and for each
person who is directly or indirectly the beneficial owner of
twenty-five percent or more of the outstanding voting securities of the corporation. If any tender offer, request or invitation for tenders or other agreement to acquire control is proposed to be made by means of a registration statement under
the federal securities act of 1933 (48 Stat. 74, 15 U.S.C. Sec.
77a), as amended, or in circumstances requiring the disclosure of similar information under the federal securities
exchange act of 1934 (48 Stat. 881; 15 U.S.C. Sec. 77b), as
amended, or in an application filed with the federal home
loan bank board requiring similar disclosure, such registration statement or application may be filed with the director in
lieu of the requirements of this section.
(3) The director shall give notice by mail to all associations doing business within the state of the filing of an application to acquire control of an association. The association
shall transmit a check to the director for two hundred dollars
when filing the application to cover the expense of notification. Persons interested in protesting the application may
contact the director in person or by writing prior to a date
which shall be given in the notice.
(4) Any person who willfully violates this section, or any
regulation or order thereunder, is guilty of a misdemeanor
and shall be fined not more than one thousand dollars for
each day during which the violation continues. [2003 c 53 §
197; 1994 c 92 § 447; 1982 c 3 § 54; 1979 c 113 § 13; 1973 c
130 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
33.24.370 Acquisition of control of association—
Action or proceeding to prevent—Grounds. The director
may within thirty days after the date of filing of the application under RCW 33.24.360, file an action or proceeding in
33.24.370
(2010 Ed.)
Fees and Taxes
superior court to prevent the pending acquisition of control if
the director finds any of the following:
(1) The acquisition would substantially lessen competition or would in any manner be in restraint of trade or would
result in a monopoly, or would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the savings and loan business in any part of the state of
Washington, unless the director also finds that the anticompetitive effects of the proposed acquisition are clearly outweighed in the public interest by the probable effect of the
acquisition in meeting the convenience and needs of the community to be served;
(2) The poor financial condition of any acquiring party
might jeopardize the financial stability of the association
being acquired or might prejudice the interests of the depositors, borrowers, or stockholders of the association or is not in
the public interest;
(3) The plan or proposal under which the acquiring party
intends to liquidate the association, to sell its assets, or to
merge it with any person or company, or to make any other
major change in its business or corporate structure or management, is not fair and reasonable to the association’s depositors, borrowers, or stockholders or is not in the public interest; or
(4) The competence, experience and integrity of any
acquiring party who would control the operation of the association indicates that approval would not be in the interest of
the association’s depositors, borrowers, or stockholders nor
in the public interest. [1994 c 92 § 448; 1982 c 3 § 55; 1973
c 130 § 3.]
Additional notes found at www.leg.wa.gov
33.24.375 Acquisition of control of association—
Application to foreign association branches. RCW
33.24.345, 33.24.350, 33.24.360, and 33.24.370 do not apply
to foreign associations doing business in this state, except
when an acquiring party intends to acquire only one or more
branches of a foreign association which are located in this
state. [1982 c 3 § 56.]
33.24.375
Additional notes found at www.leg.wa.gov
Chapter 33.28
Chapter 33.28 RCW
FEES AND TAXES
Sections
33.28.010
33.28.020
33.28.040
(2010 Ed.)
Corporations, fees in general: Chapter 23B.01 RCW.
Additional notes found at www.leg.wa.gov
33.28.020 Fee for examination and supervision costs.
The director shall collect from each association a fee, the
amount of which shall be set by rule, to cover the actual cost
of examinations and supervision. [1994 c 92 § 449; 1982 c 3
§ 57; 1974 ex.s. c 22 § 1; 1969 c 107 § 6; 1961 c 222 § 4;
1945 c 235 § 77; Rem. Supp. 1945 § 3717-196. Prior: 1933
c 183 § 82; 1919 c 169 § 11; 1913 c 110 § 18.]
33.28.020
Additional notes found at www.leg.wa.gov
33.28.040 Taxation of associations. The fees provided
for in this title shall be in lieu of all other corporation fees,
licenses, or excises for the privilege of doing business, except
for business and occupation taxes imposed pursuant to chapter 82.04 RCW, and except for license fees or taxes imposed
by a city or town under RCW 82.14A.010, notwithstanding
any other provisions of this section.
Neither an association nor its members shall be taxed
upon its deposit accounts as property, nor shall a domestic
association be taxed upon its real and tangible personal property at a rate greater than any federal association doing business in this state.
An association is an institution for deposits and neither it
nor its property shall be taxed under any law which shall
exempt banks or other savings institutions, state or federal,
from taxation.
For all purposes of taxation, the assets represented by the
contingent fund, guaranty fund, and other reserves (other
than reserves for expenses and specific losses) of an association shall be deemed its only permanent capital and, in computing any tax, whether property, income, or excise, appropriate adjustments shall be made to give effect to the nature
of such association. [1982 c 3 § 58; 1972 ex.s. c 134 § 4;
1970 ex.s. c 101 § 1; 1945 c 235 § 79; Rem. Supp. 1945 §
3717-198. Prior: 1933 c 183 § 86; 1913 c 110 § 17; 1890 p
56 §§ 35, 38.]
33.28.040
City or town license fees or taxes on financial institutions: Chapter 82.14A
RCW.
Additional notes found at www.leg.wa.gov
Chapter 33.32
Chapter 33.32 RCW
FOREIGN ASSOCIATIONS
Sections
Filing and copy fees.
Fee for examination and supervision costs.
Taxation of associations.
33.28.010 Filing and copy fees. The secretary of state
shall collect fees of twenty dollars in advance for filing articles of incorporation. The secretary of state shall establish by
rule, fees for amendments to articles of incorporation, other
certificates required to be filed in his or her office, and for
furnishing copies of papers filed in his or her office.
Every association shall also pay to the secretary of state,
for filing any instrument with him or her, the same fees as are
required of general corporations for filing similar papers.
[1993 c 269 § 13; 1981 c 302 § 33; 1945 c 235 § 76; Rem.
Supp. 1945 § 3717-195.]
33.28.010
33.32.020
33.32.020
33.32.030
33.32.050
33.32.060
33.32.070
33.32.080
Examinations and reports.
Subject to state regulations and laws.
Power of attorney for service of process.
Reciprocity.
Failure to comply with title as disqualifying act.
Nonadmitted foreign associations—Powers relative to secured
interests.
33.32.020 Examinations and reports. Unless prohibited by the laws of the state in which it is incorporated, a foreign association or like corporation authorized to do business
in this state which, by the laws of the state in which it is incorporated, is required to be examined or to make reports to
officers of such state, after each such examination or on the
making of each such report, shall furnish to the director a
copy of such examination or report, certified by the officer of
33.32.020
[Title 33 RCW—page 17]
33.32.030
Title 33 RCW: Savings and Loan Associations
the state making such examination or receiving the report.
[1994 c 92 § 450; 1982 c 3 § 59; 1945 c 235 § 81; Rem. Supp.
1945 § 3717-200. Prior: 1933 c 183 § 87; 1913 c 110 § 21;
1890 p 56 §§ 14, 37.]
Additional notes found at www.leg.wa.gov
Chapter 33.36
Sections
33.36.010
33.36.020
33.36.030
33.36.040
33.32.030
33.32.030 Subject to state regulations and laws.
Except as to those matters relating strictly to its internal management which are governed by provisions of the law of the
state of its incorporation inconsistent with this title, a foreign
association or like corporation authorized to transact business
in this state shall conduct its business in conformance with
the provisions of this title and all requirements of the director.
All agreements made by any foreign association or like
corporation doing business in this state with any resident of
this state shall be deemed and construed to be made within
this state. [1994 c 92 § 451; 1982 c 3 § 60; 1945 c 235 § 82;
Rem. Supp. 1945 § 3717-201. Prior: 1933 c 183 § 87; 1913
c 110 § 21; 1890 p 56 §§ 9, 14.]
Additional notes found at www.leg.wa.gov
33.32.050
33.32.050 Power of attorney for service of process.
No foreign savings and loan association or like corporation
shall do business in this state until it shall file with the director a written irrevocable power of attorney providing that service upon the director of any process issued against it by any
court in this state shall constitute valid service of such process upon it. Such service shall be had by serving upon the
director two copies of such summons or other process,
together with the sum of two dollars. The director, upon
receipt of any such summons or other process, shall forthwith
transmit, by registered mail, one copy thereof to the principal
office of such foreign association or corporation. [1994 c 92
§ 452; 1945 c 235 § 84; Rem. Supp. 1945 § 3717-203. Prior:
1933 c 183 § 87; 1890 p 56 §§ 9, 10, 12.]
33.32.060
33.32.060 Reciprocity. No foreign savings and loan
association shall be permitted to do business in this state on
more favorable terms and conditions than the associations
organized under the laws of this state are permitted to do
business in the state in which such foreign association or corporation is organized. [1945 c 235 § 85; Rem. Supp. 1945 §
3717-204. Prior: 1933 c 183 § 88; 1890 p 56 § 13.]
33.32.070
33.32.070 Failure to comply with title as disqualifying act. Any foreign savings and loan association or like corporation doing business in this state which fails to comply
with any provision of this title as required shall not thereafter
transact any business within this state. [1982 c 3 § 61; 1945
c 235 § 86; Rem. Supp. 1945 § 3717-205. Prior: 1933 c 183
§ 89; 1913 c 110 § 21; 1890 p 56 §§ 14, 20.]
Additional notes found at www.leg.wa.gov
Chapter 33.36 RCW
PROHIBITED ACTS—PENALTIES
33.36.050
33.36.060
Illegal loans or investments.
Purchase at discount of accounts or certificates.
Preference in case of insolvency.
Falsification of books—Exhibiting false document—Making
false statement of assets or liabilities.
False statement affecting financial standing.
Suppressing, secreting, or destroying evidence or records.
Assignment for benefit of creditors: Chapter 7.08 RCW.
False representations: Chapter 9.38 RCW.
33.36.010 Illegal loans or investments. Any director,
officer, agent, or employee of an association who, on behalf
of such association, shall knowingly and wilfully make or
participate in making or consent to any loan or investment
contrary to the provisions of this title shall be guilty of a gross
misdemeanor. [1945 c 235 § 87; Rem. Supp. 1945 § 3717206. Prior: 1933 c 183 §§ 53, 62, 102, 111; 1919 c 169 § 16;
1913 c 110 § 27.]
33.36.010
33.36.020 Purchase at discount of accounts or certificates. Any director, officer, agent, attorney, or employee of
an association who, directly or indirectly, shall purchase at a
discount any savings account in the association or any certificate or debenture of any segregation corporation holding
assets formerly held by the association shall be guilty of a
gross misdemeanor. [1945 c 235 § 88; Rem. Supp. 1945 §
3717-207. Prior: 1933 c 183 §§ 62, 101.]
33.36.020
33.36.030 Preference in case of insolvency. Every
transfer of its property and assets by any association in this
state, made in contemplation of insolvency, or after it
becomes insolvent, with a view to the preference of one creditor or member over another, or to prevent the proper distribution of its property and assets among its creditors and
members, shall be void.
Every director, officer, agent, or employee making such
transfer or assisting therein is guilty of a class C felony as
provided in chapter 9A.20 RCW. [1982 c 3 § 62; 1945 c 235
§ 89; Rem. Supp. 1945 § 3717-208.]
33.36.030
Additional notes found at www.leg.wa.gov
33.36.040 Falsification of books—Exhibiting false
document—Making false statement of assets or liabilities.
Every person who subscribes to or knowingly makes or
causes to be made any false statement or false entry in the
books of any association, or knowingly subscribes to or
exhibits any false or fictitious security, document, or paper,
with intent to deceive any person authorized to examine into
the affairs of any association, or knowingly makes or publishes any false statement of the amount of the assets or liabilities of the association, is guilty of a class C felony as provided in chapter 9A.20 RCW. [1982 c 3 § 63; 1945 c 235 §
90; Rem. Supp. 1945 § 3717-209. Prior: 1933 c 183 § 101;
1919 c 169 §§ 12, 18; 1913 c 110 § 19.]
33.36.040
Additional notes found at www.leg.wa.gov
33.32.080
33.32.080 Nonadmitted foreign associations—Powers relative to secured interests. See chapter 23B.18
RCW.
[Title 33 RCW—page 18]
33.36.050 False statement affecting financial standing. Any person who wilfully instigates, makes, circulates,
33.36.050
(2010 Ed.)
Insolvency, Liquidation, Merger
or transmits to another or others any statement which the person knows to be false concerning the financial condition or
affecting the financial standing of any association doing business in this state, or who wilfully counsels, aids, procures or
induces another to start, transmit, or circulate any such statement which the person knows to be false, is guilty of a gross
misdemeanor. [1982 c 3 § 64; 1945 c 235 § 92; Rem. Supp.
1945 § 3717-211. Prior: 1933 c 183 § 110.]
Additional notes found at www.leg.wa.gov
33.36.060 Suppressing, secreting, or destroying evidence or records. Any person who, for the purpose of concealing any material fact, suppresses any evidence or
abstract, removes, mutilates, destroys, or secretes any book,
paper or record of an association, or of the director, or of anyone connected with the association or the office of the director, is guilty of a class C felony as provided in chapter 9A.20
RCW. [1994 c 92 § 453; 1982 c 3 § 65; 1945 c 235 § 91;
Rem. Supp. 1945 § 3717-210. Prior: 1933 c 183 § 106; 1919
c 169 § 19.]
33.36.060
Additional notes found at www.leg.wa.gov
33.40.050
1945 c 235 § 102; Rem. Supp. 1949 § 3717-221. Prior: 1935
c 171 § 4; 1933 c 183 §§ 60, 78; 1919 c 169 § 17.]
33.40.020 Director may take possession of domestic
association on notice for delinquency. Whenever it appears
to the director that any domestic association is in an unsound
condition or is conducting its business in an unsafe manner or
is refusing to submit its books, papers, or concerns to lawful
inspection, or that any director or officer thereof refuses to
submit to examination on oath touching its concerns and
affairs or that it has failed to carry out any authorized order or
direction of the director, the director may give notice to the
association so offending or delinquent or whose director or
officer is thus offending or delinquent to correct such offense
or delinquency and, if such association or such director or
officer fails to correct the condition, offense, or delinquency
within a reasonable time, as determined by the director, the
director may take possession of the association. [1994 c 92 §
455; 1982 c 3 § 66; 1945 c 235 § 103; Rem. Supp. 1945 §
3717-222. Prior: 1933 c 183 §§ 68, 71.]
33.40.020
Additional notes found at www.leg.wa.gov
33.40.030 Possession without notice. Whenever it
shall appear to the director that any association is in an
unsound or unsafe condition to continue business or is insolvent, the director may take possession thereof without notice.
[1994 c 92 § 456; 1945 c 235 § 104; Rem. Supp. 1945 §
3717-223. Prior: 1933 c 183 §§ 68, 71.]
33.40.030
Chapter 33.40 RCW
INSOLVENCY, LIQUIDATION, MERGER
Chapter 33.40
Sections
33.40.010
33.40.020
33.40.030
33.40.040
33.40.050
33.40.060
33.40.070
33.40.075
33.40.080
33.40.110
33.40.120
33.40.130
33.40.150
Voluntary liquidation, merger, etc., authorized—Procedure.
Director may take possession of domestic association on
notice for delinquency.
Possession without notice.
Procedure on taking possession.
Involuntary liquidation—Procedure—Federal insurance corporation as liquidator.
Procedure to be as in receivership.
Liquidator’s powers.
Investment of liquidation funds—Use of income.
Disposition of records.
Voluntary liquidation—Disposition of unclaimed dividends
and records.
Removal of liquidator—Appellate review.
Payment of deposits accepted during economic emergency,
preference.
Appointment of provisional officers and directors.
33.40.010 Voluntary liquidation, merger, etc., authorized—Procedure. Any domestic association may determine to enter upon voluntary liquidation, to transfer its assets
and liabilities to another association, to merge with another
association, to segregate its assets into classes, to charge off
its losses in excess of its reserves.
Any such liquidation, transfer, merger, segregation, or
charge-off shall be effected by the vote of a majority in
amount of the members present, in person or by proxy, at any
regular or special meeting of the members called for such
purpose. Notice of such meeting, stating the purpose thereof,
shall be given the director at least thirty days prior to the
meeting and to the members pursuant to the provisions contained in RCW 33.20.010.
If such liquidation, transfer, merger, segregation, or
charge-off be authorized by the members at the meeting, the
directors of the association are authorized and shall effect
such action, and the officers of the association shall execute
all proper conveyances, documents, and other papers necessary or proper thereunto. [1994 c 92 § 454; 1949 c 20 § 9;
33.40.010
(2010 Ed.)
33.40.040 Procedure on taking possession. Upon the
director taking possession of any domestic association, the
director shall proceed to liquidate the association unless, in
the director’s discretion, the director shall determine to call a
meeting of the members to consider either a proportionate
charge-off against the deposit accounts to permit the association thereafter to continue in business, or whether the association should proceed to voluntary liquidation under the management of its board of directors. In such event, if the director
approves the decision of a majority in amount of the members
present and voting, the director shall order such action to be
taken.
During any period of voluntary liquidation, the director
may take possession of the association and its assets and
complete the liquidation whenever, in the director’s discretion, this seems advisable. [1994 c 92 § 457; 1982 c 3 § 67;
1945 c 235 § 105; Rem. Supp. 1945 § 3717-224. Prior: 1935
c 171 § 4; 1933 c 183 §§ 70, 72, 78; 1919 c 169 § 13; 1913 c
110 § 20.]
33.40.040
Additional notes found at www.leg.wa.gov
33.40.050 Involuntary liquidation—Procedure—
Federal insurance corporation as liquidator. Whenever
the director determines to liquidate the affairs of a domestic
association, the director shall cause the attorney general to
present to the superior court of the county in which the association has its principal place of business a written petition
setting forth the date of the taking of possession, the reasons
therefor, and other material facts concerning the affairs of the
association and, if the court determines that the association
should be liquidated, it shall appoint the director, or other
33.40.050
[Title 33 RCW—page 19]
33.40.060
Title 33 RCW: Savings and Loan Associations
responsible person as recommended by the director, as the
liquidator of the association and fix and require a bond to be
given by the liquidator conditioned for the faithful performance of the duties as such liquidator, but if the association
has the insurance protection provided by Title IV of the
National Housing Act, as now or hereafter amended, the
court upon the request of the director may tender to the federal savings and loan insurance corporation the appointment
as liquidator.
Upon the filing with and approval by the court of the
bond, the director or other person appointed shall enter upon
the duties as liquidator of the affairs of the association, and,
under the direction of the court, shall administer and liquidate
the assets thereof and apply the same to the payment of the
expenses of liquidation and the debts of the association, and
distribute the remainder to the deposit accounts proportionately.
If the court tenders the appointment as liquidator to the
federal savings and loan insurance corporation, and if the
insurance corporation accepts the appointment, it shall have
and possess all the powers and privileges provided by the
laws of this state with respect to a liquidator of an association,
its depositors and other creditors, and be subject to all the
duties of such liquidator, except insofar as such powers, privileges, or duties are in conflict with the provisions of Title IV
of the National Housing Act, as now or hereafter amended. In
any liquidation proceeding in which the insurance corporation is the liquidator, it may proceed to liquidate without
being subject to the control of the court and without bond.
[1994 c 92 § 458; 1982 c 3 § 68; 1973 c 130 § 29; 1945 c 235
§ 106; Rem. Supp. 1945 § 3717-225. Prior: 1935 c 171 § 4;
1933 c 183 §§ 70, 72, 73, 74, 76, 77, 78; 1919 c 169 § 13;
1913 c 110 § 20.]
Additional notes found at www.leg.wa.gov
33.40.060 Procedure to be as in receivership. In any
such liquidation proceeding, the court, except as otherwise in
this title expressly provided, shall have the powers and proceed as in receivership proceedings. [1945 c 235 § 107; Rem.
Supp. 1945 § 3717-226. Prior: 1935 c 171 § 4; 1933 c 183 §§
70, 72, 73, 75, 76, 77, 78; 1919 c 169 § 13; 1913 c 110 § 20.]
33.40.060
33.40.070 Liquidator’s powers. The liquidator, upon
the approval of the court, may sell, discount, or compromise
debts of the association and claims against its debtors. The
liquidator, with the approval of the court, may lease, operate,
repair, exchange, or sell, either for cash or upon terms, the
real and personal property of the association.
The liquidator, with the approval of the court, when
funds are available, may pay savings members whose balances amount to not more than five dollars, the full amount of
the balances.
Checks issued or payments held by the liquidator which
remain undelivered for six months following the final liquidation dividend shall be deposited with the director, after
which the liquidator shall be discharged by the court. During
ten years thereafter, the director shall deliver the checks or
payments, or the director’s own checks in lieu thereof, to the
payee, or his or her legal representative, upon receipt of satisfactory evidence of the payee’s right thereto. After the ten
33.40.070
[Title 33 RCW—page 20]
years, the director shall cancel all such checks or payments
remaining in the director’s possession and issue a check
against the account for the amount thereof, payable to the
state treasurer, and deliver it to the state treasurer. Such payment shall escheat to the state, without further legal proceedings. [1994 c 92 § 459; 1982 c 3 § 69; 1953 c 71 § 10; 1945
c 235 § 108; Rem. Supp. 1945 § 3717-227. Prior: 1935 c 171
§ 4; 1933 c 183 §§ 70, 73, 74, 78.]
Additional notes found at www.leg.wa.gov
33.40.075 Investment of liquidation funds—Use of
income. All funds received by the director from liquidations
may be invested by the director. The earnings from the moneys so held may be applied toward defraying the expenses
incurred in the liquidations. [1994 c 92 § 460; 1982 c 3 § 70;
1951 c 105 § 1.]
33.40.075
Additional notes found at www.leg.wa.gov
33.40.080 Disposition of records. Upon the termination of any liquidation proceeding, any files, records, documents, books of account, or other papers in the possession of
the liquidator shall be surrendered into the possession of the
director, who, in his or her discretion at any time after the
expiration of one year, may destroy any of such files, records,
documents, books of account or other papers which appear to
him or her to be obsolete or unnecessary for future reference.
[1994 c 92 § 461; 1945 c 235 § 109; Rem. Supp. 1945 §
3717-228.]
33.40.080
33.40.110 Voluntary liquidation—Disposition of
unclaimed dividends and records. In a voluntary liquidation of a domestic association, checks issued in the liquidation or funds representing liquidating dividends or otherwise
which remain undelivered for six months following the final
liquidating dividend, shall be deposited with the director,
together with any files, records, documents, books of
account, or other papers of the association. The director, at
any time after one year from delivery, may destroy any of
such files, records, documents, books of account, or other
papers which appear to the director to be obsolete or unnecessary for future reference. During ten years thereafter, the
director shall deliver such checks, or the director’s own
checks in lieu thereof, or portions of such funds to the payee,
or the payee’s legal representative, upon receipt of satisfactory evidence of the payee’s right thereto. After the ten years,
the director shall cancel all such checks remaining in the
director’s possession and issue a check payable to the state
treasurer for the amount thereof together with any other liquidating funds, and deliver them to the state treasurer. Such
payment shall escheat to the state without further legal proceedings. [1994 c 92 § 462; 1982 c 3 § 71; 1953 c 71 § 11;
1945 c 235 § 112; Rem. Supp. 1945 § 3717-231.]
33.40.110
Uniform unclaimed property act: Chapter 63.29 RCW.
Additional notes found at www.leg.wa.gov
33.40.120 Removal of liquidator—Appellate review.
The court, upon notice and hearing, may remove the liquidator for cause. Appellate review of the order of removal may
be sought as in other civil cases.
33.40.120
(2010 Ed.)
Conversion to and from Federal Association
During the pendency of any appeal, the director of financial institutions shall act as liquidator of the association, without giving any additional bond for the performance of the
duties as such liquidator.
If such order of removal shall be affirmed, the director of
financial institutions shall name another liquidator for the
association, which nominee, upon qualifying as required for
receivers generally, shall succeed to the position of liquidator
of the association. [1994 c 92 § 463; 1988 c 202 § 34; 1982
c 3 § 72; 1971 c 81 § 86; 1945 c 235 § 113; Rem. Supp. 1945
§ 3717-232.]
Rules of court: Appeal procedures superseded by RAP 2.1, 2.2, 18.22.
Additional notes found at www.leg.wa.gov
33.40.130 Payment of deposits accepted during economic emergency, preference. Savings deposits received
by an association, during a period or periods of postponement
of payment of withdrawals or of acute business depression,
panic or economic emergency under authorization or declaration of the director as hereinbefore provided, shall be repaid
to the depositors paying in such savings before any liquidation dividends shall be declared or paid if, during such period
or periods or at the expiration thereof, the director takes
charge of the association for liquidation, as provided in this
title. [1994 c 92 § 464; 1982 c 3 § 73; 1945 c 235 § 100; Rem.
Supp. 1945 § 3717-219.]
33.40.130
Additional notes found at www.leg.wa.gov
33.40.150 Appointment of provisional officers and
directors. (1) The director of financial institutions, after
exercising the authority granted in RCW 33.16.040, may
appoint provisional officers and directors, in whole or in part,
of an association.
(2) Notice of the appointment shall be served upon the
association, and the appointment shall take effect immediately and shall remain in effect until a successor is chosen in
accordance with the association’s bylaws. [1994 c 92 § 465;
1985 c 239 § 2.]
33.40.150
Chapter 33.43
Chapter 33.43 RCW
CONVERSION TO AND FROM
FEDERAL ASSOCIATION
Conversion of domestic association to federal association.
Federal association—Powers.
Conversion of federal association to domestic association.
33.43.010 Conversion of domestic association to federal association. Any domestic association may convert
itself into a federal mutual or stock savings and loan association. Any such conversion shall be effected by the vote of a
majority in amount of the members present, in person or by
proxy, at any regular or special meeting of the members
called for such purpose. Notice of such meeting, stating the
purpose thereof, shall be given the director at least thirty days
prior to the meeting and to the members pursuant to the provisions contained in RCW 33.20.010.
If such conversion be authorized by the members at the
meeting, the directors of the association are authorized and
33.43.010
(2010 Ed.)
shall effect such action, and the officers of the association
shall execute all proper conveyances, documents, and other
papers necessary or proper thereunto.
If conversion be authorized, a copy of the minutes of the
meeting shall be filed forthwith with the director.
Upon consummation of such conversion, the successor
federal savings and loan association shall succeed to all right,
title, and interest of the domestic association in and to its
assets, and to its liabilities to the creditors and members of the
association. Upon such conversion, after the execution and
delivery of all instruments of transfer, conveyance and
assignment, the domestic association shall be deemed dissolved. [1994 c 92 § 466; 1982 c 3 § 74; 1949 c 20 § 10; 1945
c 235 § 116; Rem. Supp. 1949 § 3717-235. Prior: 1933 ex.s.
c 15 §§ 1 through 6. Formerly RCW 33.44.100.]
Additional notes found at www.leg.wa.gov
33.43.020 Federal association—Powers. Every federal savings and loan association, the home office of which is
located in this state, and the savings accounts therein shall
have all the rights, powers and privileges and be entitled to
the same immunities and exemptions as pertain to savings
and loan associations organized under the laws of this state.
[1945 c 235 § 117; Rem. Supp. 1945 § 3717-236. Prior: 1939
c 98 § 9; 1933 c 183 § 50. Formerly RCW 33.44.110.]
33.43.020
33.43.030 Conversion of federal association to
domestic association. Any federal savings and loan association the home office of which is located in this state may
convert itself into a domestic savings and loan association of
this state. For any such conversion, such federal association
shall proceed as provided in this title for the conversion of a
domestic association into a federal association.
Upon consummation of such conversion, the successor
domestic association shall succeed to all right, title, and interest of the federal association in and to its assets, and to its liabilities to the creditors and members of such federal association. [1945 c 235 § 118; Rem. Supp. 1945 § 3717-237. Prior:
1939 c 98 § 1. Formerly RCW 33.44.120.]
33.43.030
Chapter 33.44 RCW
CONVERSION TO MUTUAL SAVINGS BANK
Chapter 33.44
Sections
Sections
33.43.010
33.43.020
33.43.030
33.44.020
33.44.020
33.44.080
33.44.090
33.44.125
33.44.130
Conversion to a savings bank or commercial bank—Procedure.
Depositor’s interest upon conversion.
Transfer of securities upon conversion.
Waiver of chapter requirements.
Rules implementing chapter—Standard.
33.44.020 Conversion to a savings bank or commercial bank—Procedure. Any association organized under
the laws of this state, or under the laws of the United States,
may, if it has obtained the approval, required by law or regulation, of any federal agencies, including the federal home
loan bank board and the federal savings and loan insurance
corporation, be converted into a savings bank or commercial
bank in the following manner:
(1) The board of directors of such association shall pass
a resolution declaring its intention to convert the association
33.44.020
[Title 33 RCW—page 21]
33.44.020
Title 33 RCW: Savings and Loan Associations
into a savings bank or commercial bank and shall apply to the
director of financial institutions for leave to submit to the
members of the association the question whether the association shall be converted into a savings bank or a commercial
bank. A duplicate of the application to the director of financial institutions shall be filed with the director of financial
institutions, except that no such filing shall be required in the
case of an association organized under the laws of the United
States. The application shall include a proposal which sets
forth the method by and extent to which membership or
stockholder interests, as the case may be, in the association
are to be converted into membership or stockholder interests,
as the case may be, in the savings bank or commercial bank,
and the proposal shall allow for any member or stockholder
to withdraw the value of his or her interest at any time within
sixty days of the completion of the conversion. The proposal
shall be subject to the approval of the director of financial
institutions and shall conform to all applicable regulations of
the federal home loan bank board, the federal savings and
loan insurance corporation, the federal deposit insurance corporation, or other federal regulatory agency.
(2) Thereupon the director of financial institutions shall
make the same investigation and determine the same questions as would be required by law to make and determine in
case of the submission to the director of financial institutions
of a certificate of incorporation of a proposed new savings
bank or commercial bank, and the director of financial institutions shall also determine whether by the proposed conversion the business needs and conveniences of the members of
the association would be served with facility and safety,
except that no such conference shall be pertinent to such
investigation or determination in the case of an association
organized under the laws of the United States. After the
director of financial institutions determines whether it is
expedient and desirable to permit the proposed conversion,
the director of financial institutions shall, within sixty days
after the filing of the application, endorse thereon over the
official signature of the director of financial institutions the
word "granted" or the word "refused", with the date of such
endorsement and shall immediately notify the secretary of
such association of his or her decision. If an application to
convert to a mutual savings bank is granted, the director of
financial institutions shall require the applicants to enter into
such an agreement or undertaking with the director of financial institutions as trustee for the depositors with the mutual
savings bank to make such contributions in cash to the
expense fund of the mutual savings bank as in the director of
financial institutions judgment will be necessary then and
from time to time thereafter to pay the operating expenses of
the mutual savings bank if its earnings should not be sufficient to pay the same in addition to the payment of such dividends as may be declared and credited to depositors from its
earnings.
If the application is denied by the director of financial
institutions, the association, acting by a two-thirds majority
of its board of directors, may, within thirty days after receiving the notice of the denial, appeal to the superior court in the
manner prescribed in chapter 34.05 RCW.
(3) If the application is granted by the director of financial institutions or by the court, as the case may be, the board
of directors of the association shall, within sixty days thereaf[Title 33 RCW—page 22]
ter, submit the question of the proposed conversion to the
members of the association at a special meeting called for
that purpose. Notice of the meeting shall state the time, place
and purpose of the meeting, and that the only question to be
voted upon will be, "shall the (naming the association) be
converted into a savings bank or commercial bank under the
laws of the state of Washington?" The vote on the question
shall be by ballot. Any member may vote by proxy or may
transmit the member’s ballot by mail if the bylaws provide a
method for so doing. If two-thirds or more in number of the
members voting on the question vote affirmatively, then the
board of directors shall have power, and it shall be its duty, to
proceed to convert such association into a savings bank or
commercial bank; otherwise, the proposed conversion shall
be abandoned and shall not be again submitted to the members within three years from the date of the meeting.
(4) If authority for the proposed conversion has been
approved by the members as required by this section, the
directors shall, within thirty days thereafter, subscribe and
acknowledge and file with the director of financial institutions in triplicate a certificate of reincorporation, stating:
(a) The name by which the converted corporation is to be
known.
(b) The place where the bank is to be located and its business transacted, naming the city or town and county, which
city or town shall be the same as that where the principal
place of business of the corporation has theretofore been
located.
(c) The name, occupation, residence and post office
address of each signer of the certificate.
(d) The amount of the assets of the corporation, the
amount of its liabilities and the amount of its contingent,
reserve, expense, and guaranty fund, as applicable, as of the
first day of the then calendar month.
(e) A declaration that each signer will accept the responsibilities and faithfully discharge the duties of a trustee or
director of the bank, and is free from all the disqualifications
specified in the laws applicable to savings banks or commercial banks.
(f) Such other items as the director of financial institutions may require.
(5) Upon the filing of the certificate in triplicate, the
director of financial institutions shall, within thirty days
thereafter, if satisfied that all the provisions of this chapter
have been complied with, issue in triplicate an authorization
certificate stating that the corporation has complied with all
the requirements of law, and that it has authority to transact at
the place designated in its certificate of incorporation the
business of a savings bank or commercial bank. One of the
director of financial institutions certificates of authorization
shall be attached to each of the certificates of reincorporation,
and one set of these shall be filed and retained by the director
of financial institutions, one set shall be filed in the office of
the secretary of state, and one set shall be transmitted to the
bank for its files. Upon the receipt from the corporation of the
same fees as are required for filing and recording other incorporation certificates or articles, the secretary of state shall file
the certificates and record the same; whereupon the conversion of the association shall be deemed complete, and the
signers of said reincorporation certificate and their successors
shall thereupon become and be a corporation having the pow(2010 Ed.)
Conversion of Savings Bank or Commercial Bank to Association
ers and being subject to the duties and obligations prescribed
by the laws of this state applicable to savings banks or commercial banks, as the case may be. The time of existence of
the corporation shall be perpetual unless provided otherwise
in the articles of incorporation of the association or unless
sooner terminated pursuant to law. [1997 c 101 § 6; 1994 c
92 § 467; 1982 c 3 § 75; 1981 c 302 § 34; 1979 ex.s. c 57 § 7;
1975 1st ex.s. c 111 § 1; 1927 c 177 § 1; 1917 c 154 § 1; RRS
§§ 3749 through 3754. Formerly RCW 33.44.020 through
33.44.070.]
Additional notes found at www.leg.wa.gov
33.44.080
33.44.080 Depositor’s interest upon conversion.
Upon the conversion of any association into a savings bank or
commercial bank, every person who was a depositor of the
association at the time of the conversion shall become and be
deemed to be a depositor of the bank in a sum equal to the
value of the deposit of the depositor as of the day on which
the conversion was consummated. [1982 c 3 § 76; 1927 c
177 § 2; 1917 c 154 § 2; RRS § 3755.]
Additional notes found at www.leg.wa.gov
33.44.090
33.44.090 Transfer of securities upon conversion. All
mortgages, notes and other securities of any association that
has been converted into a savings bank or commercial bank,
shall on request of the bank, be delivered to it by the director
of financial institutions or under the director’s direction by
any depositary having possession thereof. Every such bank
shall, as soon as practicable and within such time and by such
methods as the director may direct, cause its organization, its
securities and investments, the character of its business and
its methods of transacting the same to conform to the laws
applicable to savings banks or commercial banks, as applicable. [1994 c 92 § 468; 1982 c 3 § 77; 1927 c 177 § 3; 1917 c
154 § 3; RRS § 3756.]
Additional notes found at www.leg.wa.gov
33.44.125
33.44.125 Waiver of chapter requirements. If, in the
opinion of the director of financial institutions, it is necessary
for any of the requirements of this chapter to be waived in
order to permit an association which is in danger of failing to
convert its charter to that of a commercial bank or a savings
bank so that the association may be acquired by a commercial
bank or a savings bank or a bank holding company, then the
director may waive any such requirement. [1994 c 92 § 469;
1982 c 3 § 78.]
Additional notes found at www.leg.wa.gov
33.44.130
33.44.130 Rules implementing chapter—Standard.
The director of financial institutions shall adopt such rules
under the administrative procedure act, chapter 34.05 RCW,
as are necessary to implement this chapter in a manner which
protects the relative interests of members, depositors, borrowers, stockholders, and creditors. [1994 c 92 § 470; 1982
c 3 § 79.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
33.46.020
Chapter 33.46 RCW
CONVERSION OF SAVINGS BANK OR
COMMERCIAL BANK TO ASSOCIATION
Chapter 33.46
(Formerly: Conversion of mutual savings bank to building and loan or savings and loan association)
Sections
33.46.010
33.46.020
33.46.030
33.46.040
33.46.050
33.46.060
33.46.070
33.46.080
33.46.090
33.46.100
33.46.110
33.46.130
Definitions.
Conversion of bank to association—Procedure.
Cash contributions to expense fund if becoming domestic
mutual association.
Appeal from denial of application.
Certificate of reincorporation—Required—Filing—Contents.
Issuance of authorization certificate—Filing—Completion of
conversion—Effect.
Depositor’s interest upon conversion.
Transfer of securities—Conformance to state association laws,
when.
Assets, liabilities, etc., vested in association upon conversion.
Initial meeting of shareholders of domestic association—
Notice—Proxy voting.
Conversion to federal association—Procedure.
Rules implementing chapter—Standard.
33.46.010 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Association" means any association organized
under the laws of this state or the laws of the United States of
America;
(2) "Director" means a member of the board of directors
of an association, savings bank, or commercial bank, as
applicable;
(3) "Bank" means a savings bank or commercial bank
organized under the laws of this state; and
(4) "Trustee" means a member of the managing board of
a mutual savings bank. [1982 c 3 § 80; 1975 1st ex.s. c 83 §
1.]
33.46.010
Additional notes found at www.leg.wa.gov
33.46.020 Conversion of bank to association—Procedure. Any bank may be converted into an association in the
following manner:
(1) The trustees or directors of the bank shall pass, by at
least a two-thirds favorable vote of all trustees or directors, a
resolution declaring its intention to convert the bank into an
association, specifying in such resolution the type of association and whether the association is to be organized under the
laws of this state, or is to be organized under the laws of the
United States of America. If the association is to be a state
association the bank shall apply to the director of financial
institutions for authority to convert into an association. The
application shall include a proposal which sets forth the
method by and extent to which membership or stockholder
interests, as the case may be, in the bank are to be converted
into membership or shareholder interest, as the case may be,
in the association, and the proposal shall allow for any member or stockholder to withdraw the value of his or her interest
at any time within sixty days of the completion of the conversion. The proposal is subject to the approval of the director of
financial institutions and shall conform to all applicable regulations of the federal deposit insurance corporation, the federal home loan bank board, the federal savings and loan
insurance corporation, or other federal regulatory agency.
(2) The director of financial institutions shall, in the case
of an application to convert into a state association, make the
same investigation and determine the same questions as he or
33.46.020
[Title 33 RCW—page 23]
33.46.030
Title 33 RCW: Savings and Loan Associations
she would be required by law to make in determining the case
of submission to him or her of articles of incorporation of a
proposed new state association, and shall also determine
whether the proposed conversion would serve the needs and
conveniences of the depositors of the bank.
(3) The director of financial institutions shall grant or
deny the application within sixty days of its date of filing and
shall immediately notify the secretary of the bank of the decision. [1994 c 92 § 471; 1982 c 3 § 81; 1975 1st ex.s. c 83 § 2.]
Additional notes found at www.leg.wa.gov
33.46.030 Cash contributions to expense fund if
becoming domestic mutual association. If the application
to become a domestic mutual association is granted, the
director of financial institutions shall require the applicant to
enter into an agreement or undertaking with the director, as
trustee for the members of the association, to make such cash
contributions to an expense fund of the mutual association as
in the director’s judgment will be necessary then and from
time to time thereafter to pay the operating expenses of the
association if its earnings should not be sufficient to pay the
same in addition to the payment of such dividends as may be
declared and credited to members from its earnings. [1994 c
92 § 472; 1982 c 3 § 82; 1975 1st ex.s. c 83 § 3.]
33.46.030
Additional notes found at www.leg.wa.gov
33.46.040 Appeal from denial of application. If the
application is denied by the director of financial institutions,
the bank, acting by a two-thirds majority of its trustees or
directors, may, within thirty days after receiving notice of
such denial, appeal to the superior court of Thurston county
pursuant to the provisions of the administrative procedure
act, chapter 34.05 RCW. [1994 c 92 § 473; 1982 c 3 § 83;
1975 1st ex.s. c 83 § 4.]
33.46.040
Additional notes found at www.leg.wa.gov
3 3 . 4 6 . 0 5 0 C e r t i f i ca t e o f r e in c o r p o r a t i o n —
Required—Filing—Contents. If the application is granted
by the director of financial institutions, or by the court, the
trustees or directors of the bank shall, within thirty days
thereafter, subscribe, acknowledge, and file with the director
of financial institutions, in triplicate, a certificate of reincorporation stating:
(1) The name by which the association is to be known;
(2) The place where the association is to be located and
its business transacted, naming the city or town and the
county, which city or town shall be the same as that where the
principal place of business of the bank has theretofore been
located;
(3) The name, occupation, residence, and post office
address of each signer of the certificate;
(4) The amount of the assets of the association, the
amount of its liabilities, and the amount of its contingent,
expense, or guaranty fund, as applicable, as of the first day of
the calendar month during which the certificate is filed; and
(5) A declaration that each signer will accept the responsibilities and faithfully discharge the duties of a director of
the association, and is free from all the disqualifications specified in the laws applicable to savings and loan associations.
33.46.050
[Title 33 RCW—page 24]
[1994 c 92 § 474; 1982 c 3 § 84; 1981 c 302 § 35; 1975 1st
ex.s. c 83 § 5.]
Additional notes found at www.leg.wa.gov
33.46.060 Issuance of authorization certificate—Filing—Completion of conversion—Effect. Upon filing the
certificate in triplicate as provided in RCW 33.46.050, the
director of financial institutions shall, within thirty days
thereafter, if satisfied that all the provisions of this chapter
have been complied with, issue in triplicate an authorization
certificate stating that the association has complied with all of
the requirements of law, and that it has authority to transact,
at the place or places designated in its certificate, the business
of an association. The director of financial institutions shall
retain one set of the triplicate originals of the certificate of
reincorporation and of the certificate of authorization and
shall transmit the other two sets to the association, which
shall retain one set, and file one set with the secretary of state,
paying the required fees. Upon such filings being made, the
conversion of the bank to the association shall be deemed
complete and consummated, and the association shall thereupon be a corporation having the powers and being subject to
the duties and obligations prescribed by the laws of this state
applicable to state associations, and the time of existence of
such association shall be perpetual, unless sooner terminated.
[1994 c 92 § 475; 1982 c 3 § 85; 1981 c 302 § 36; 1975 1st
ex.s. c 83 § 6.]
33.46.060
Additional notes found at www.leg.wa.gov
33.46.070 Depositor’s interest upon conversion.
Upon the conversion of a bank into an association, every person who was a depositor of the bank at the time of the conversion shall become and be deemed to be a depositor of the
association in a sum equal to the value of the deposits of the
depositor in the bank as of the day on which the conversion
was consummated. [1982 c 3 § 86; 1975 1st ex.s. c 83 § 7.]
33.46.070
Additional notes found at www.leg.wa.gov
33.46.080 Transfer of securities—Conformance to
state association laws, when. All mortgages, notes, and
other securities of any bank that has been converted into an
association shall, on request of the association, be delivered
to it by the director of financial institutions or, under the
direction of the director, by any depository having possession
thereof. If the association is a state association it shall, as
soon as practicable and within such time and by such methods as the director may direct, cause its organization, its securities and investments, the character of its business, and its
methods of transacting the same to conform to the laws applicable to state associations. [1994 c 92 § 476; 1982 c 3 § 87;
1975 1st ex.s. c 83 § 8.]
33.46.080
Additional notes found at www.leg.wa.gov
33.46.090 Assets, liabilities, etc., vested in association
upon conversion. Upon a conversion being consummated
all assets, rights and properties of the bank shall vest in and
be the property of the association and all liabilities, debts, and
obligations of the bank shall be the liabilities, debts, and obligations of the association and any right can be enforced by or
against the association the same as it could have been
33.46.090
(2010 Ed.)
Stock Associations
enforced by or against the bank if the conversion had not
occurred. [1975 1st ex.s. c 83 § 9.]
33.46.100 Initial meeting of shareholders of domestic
association—Notice—Proxy voting. Within twelve months
following consummation of the conversion, the directors of a
domestic association shall call a meeting of the members for
the purpose of electing directors and conducting such other
business of the association as is appropriate. Notice of such
meeting shall be mailed not less than ten nor more than thirty
days in advance of the meeting to the last known address of
each member. The notice may also include a proxy form
authorizing any one or more persons, who may be directors
or officers of the association, selected by the directors, to vote
on behalf of any member executing such proxy. [1982 c 3 §
88; 1975 1st ex.s. c 83 § 10.]
33.46.100
Additional notes found at www.leg.wa.gov
33.46.110 Conversion to federal association—Procedure. If the bank specifies in the resolution that it intends to
become a federal association, it shall proceed to make all filings and do all things which are required by federal laws and
regulations to qualify as and become a federal association,
and when all such things have been accomplished and a charter has been issued by the appropriate federal agency, the
bank shall thereupon cease to be a bank organized under the
laws of this state. [1982 c 3 § 89; 1975 1st ex.s. c 83 § 11.]
33.46.110
Additional notes found at www.leg.wa.gov
33.46.130 Rules implementing chapter—Standard.
The director of financial institutions shall adopt such rules
under the administrative procedure act, chapter 34.05 RCW,
as are necessary to implement this chapter in a manner which
protects the relative interests of members, depositors, borrowers, stockholders, and creditors. [1994 c 92 § 477; 1982
c 3 § 90.]
33.46.130
Additional notes found at www.leg.wa.gov
Chapter 33.48
Chapter 33.48 RCW
STOCK ASSOCIATIONS
33.48.210
33.48.220
33.48.230
33.48.240
33.48.250
33.48.260
33.48.270
33.48.280
33.48.290
33.48.320
33.48.080
Permit authorizing sale of stock—Examination and investigation—Issuance or denial.
Recitation in permit to take subscriptions for stock.
Sales of stock—Imposition of conditions.
Organizing permit—Amendment, alteration, suspension, or
revocation by director—Grounds.
Purchase by association of stock issued by it—Conditions.
Reduction of stock—Conditions.
Reduction of stock—Disposition of surplus.
Paid-in or contributed surplus or surplus created by reduction
of stock—Application and uses.
RCW 33.48.150 through 33.48.280 inapplicable to foreign
associations.
Waiver of chapter requirements.
33.48.025 Applicability of chapter 23B.06 RCW.
Except to the extent provided otherwise in this title, stock
associations are subject to the provisions of chapter 23B.06
RCW. [1991 c 72 § 51; 1982 c 3 § 91; 1981 c 84 § 4.]
33.48.025
Additional notes found at www.leg.wa.gov
33.48.030 Minimum amount of permanent stock
required—Preferred or special classes of shares authorized. Stock associations shall have permanent stock which
may be issued with or without par value but with a statement
of value of nonpar stock in accordance with Title 23B RCW.
The minimum amount of such stock shall be twenty-five
thousand dollars in the case of associations outside of incorporated cities, or in cities of less than twenty-five thousand
population. Associations located in cities of greater population shall have as a minimum, fifty thousand dollars of such
stock. The board of such association is authorized and
directed to issue and maintain the stock in the following percentages: Three percent upon the first five million dollars;
two percent upon the next three million dollars, and one percent upon all additional withdrawable savings: PROVIDED,
That associations whose savings are insured by the Federal
Savings and Loan Insurance Corporation shall not be
required to maintain stock in excess of three hundred thousand dollars. A stock association may issue preferred or special classes of shares as provided in chapter 23B.06 RCW.
[1991 c 72 § 52; 1982 c 3 § 92; 1981 c 84 § 1; 1969 c 107 §
7; 1963 c 246 § 9; 1955 c 122 § 4.]
33.48.030
Additional notes found at www.leg.wa.gov
(Formerly: Guaranty stock state savings and loan associations)
Sections
33.48.025
33.48.030
33.48.040
33.48.080
33.48.090
33.48.100
33.48.110
33.48.120
33.48.130
33.48.140
33.48.150
33.48.160
33.48.170
33.48.180
33.48.190
33.48.200
(2010 Ed.)
33.48.040 Stock dividends, when. No dividends shall
be declared on stock until the association has met the net
worth and federal insurance requirements of the federal savings and loan insurance corporation. Subject to the provisions
of this chapter, stock shall be entitled to such rate of dividend,
if earned, as fixed by the board. Stock dividends may be
declared and issued by the board at any time, payable from
otherwise unallocated surplus and undivided profits. [1982 c
3 § 93; 1981 c 84 § 2; 1979 c 113 § 14; 1955 c 122 § 5.]
33.48.040
Applicability of chapter 23B.06 RCW.
Minimum amount of permanent stock required—Preferred or
special classes of shares authorized.
Stock dividends, when.
Member’s proprietary interest—Subordinate to claims of creditors.
Dividends only if interest paid on deposits.
Conversion procedure—Domestic stock to domestic mutual
association.
Conversion procedure—Mutual association to domestic stock
association—Rules implementing section—Standard.
Conversion procedure—Creation of permanent loss reserve—
Disposition of reserve upon liquidation.
Withdrawal of charter amendment or conversion application.
Legislative intent—Chapter to control over conflicting provisions.
Organizing permit—Required.
Organizing permit—Application.
Organizing permit—Conditions.
Permit authorizing sale of stock—Applicability.
Permit authorizing sale of guaranty stock—Required prior to
sale of issued or outstanding stock.
Permit authorizing sale of stock—Application—Contents.
Additional notes found at www.leg.wa.gov
33.48.080 Member’s proprietary interest—Subordinate to claims of creditors. Each member in a stock association shall have a proportionate proprietary interest in its
assets and net earnings subordinate to the claims of its creditors with priorities as established by this chapter. [1982 c 3 §
94; 1969 c 107 § 8; 1967 c 49 § 6; 1955 c 122 § 9.]
33.48.080
Additional notes found at www.leg.wa.gov
[Title 33 RCW—page 25]
33.48.090
Title 33 RCW: Savings and Loan Associations
33.48.090
33.48.090 Dividends only if interest paid on deposits.
No dividend shall be paid or credited upon shares of stock for
any period in which the association has not declared and paid
interest on deposits eligible to receive interest. [1982 c 3 §
95; 1955 c 122 § 10.]
Additional notes found at www.leg.wa.gov
33.48.100
33.48.100 Conversion procedure—Domestic stock to
domestic mutual association. A domestic stock association
may convert to a domestic mutual association under the provisions of applicable statutes and regulations of proper federal and state supervisory authorities. In the event of compliance with such statutes and regulations an appraisal of the
stock shall be made by the director, upon written request of
the directors of the association, and the appropriate value of
the stock may be given consideration in the proceedings to
convert by giving credit to such stock from surplus and other
reserves. [1994 c 92 § 478; 1982 c 3 § 96; 1955 c 122 § 11.]
Additional notes found at www.leg.wa.gov
33.48.110
33.48.110 Conversion procedure—Mutual association to domestic stock association—Rules implementing
section—Standard. Any mutual association, either domestic or federal, operating in the state of Washington may convert itself into a domestic stock association. The conversion
shall be effected by the vote of two-thirds of the members
present and voting in person or by proxy at any regular or
special meeting of the members called for such purpose.
Notice of such meeting, stating the purpose thereof, shall be
given to the director and to each member by mailing notice to
the member’s last known address at least thirty days prior to
the meeting.
At the meeting, the members may adopt a resolution
amending its articles of incorporation and bylaws to provide
for operation under this chapter as a stock association.
Upon adoption of the resolution, members shall be given
notice of the proposed change and shall be offered, for a
period of sixty days following the date of the meeting, the
right to subscribe for the proposed stock, pro rata to their
deposits in such mutual association, and such right shall be
transferable. In the event that the total stock required has not,
at the end of the sixty day period, been fully subscribed, the
unsubscribed portion shall be offered to any former subscribers for such stock.
When the stock has been fully subscribed and paid for,
certified copies of the documents relating to the conversion
shall be submitted to the director for his or her approval of the
conversion proceedings. Upon notification by the director
that the director approves the conversion, the directors shall
adopt a resolution declaring the association to be a stock
association and thereafter it shall be such.
The director shall adopt such rules under chapter 34.05
RCW, the administrative procedure act, as are necessary to
implement this section in a manner which protects the relative interests of members, depositors, borrowers, stockholders, and creditors. [1994 c 92 § 479; 1982 c 3 § 97; 1955 c
122 § 12.]
Additional notes found at www.leg.wa.gov
[Title 33 RCW—page 26]
33.48.120 Conversion procedure—Creation of permanent loss reserve—Disposition of reserve upon liquidation. The accumulated surplus and unallocated reserves of an
association at the time of conversion to a stock association
shall be designated as a permanent loss reserve against which
any losses incurred on assets may be charged. In case of liquidation the remaining sum in said permanent loss reserve
shall be distributed to the depositors in proportion to the withdrawable value of their deposit accounts at the time of liquidation. In liquidation, after payment of all liabilities and the
withdrawable value of all types and classes of deposit
accounts together with the remainder in the permanent loss
reserve heretofore mentioned, any excess shall be paid pro
rata to the stockholders. [1982 c 3 § 98; 1955 c 122 § 13.]
33.48.120
Additional notes found at www.leg.wa.gov
33.48.130 Withdrawal of charter amendment or conversion application. The directors of an association which
has voted to amend its charter or convert to another type of
institution, may withdraw the application at any time prior to
the issuance of the amended charter, by adopting a proper
resolution and forwarding a copy to the director. [1994 c 92
§ 480; 1955 c 122 § 14.]
33.48.130
33.48.140 Legislative intent—Chapter to control
over conflicting provisions. It is the intention of the legislature to grant, by this chapter, authority to create stock associations in this state, by either organization or conversion under
its provisions, and in the event of conflict between the provisions of this chapter and other provisions of Title 33 RCW,
such other provisions shall be construed in favor of the
accomplishment of the purposes of this chapter. [1982 c 3 §
99; 1955 c 122 § 15.]
33.48.140
Additional notes found at www.leg.wa.gov
33.48.150 Organizing permit—Required. No subscriptions or funds from proposed stockholders of any proposed association, prior to its incorporation and prior to a
decision by the director on its application for approval of its
articles of incorporation, may be solicited or taken until a verified application for an organizing permit has been filed and
a permit has been issued by the director authorizing such subscription or collection of funds and then, only in accordance
with the terms of such permit. [1994 c 92 § 481; 1973 c 130
§ 6.]
33.48.150
Additional notes found at www.leg.wa.gov
33.48.160 Organizing permit—Application. The
application for an organizing permit under RCW 33.48.150
shall be in writing, verified as provided by law for the verification of pleadings and shall be filed in the office of the director. Such application shall be signed by the proposed incorporators and shall include the following:
(1) The names and addresses of its proposed directors,
officers and incorporators, to the extent known;
(2) The proposed location of its office;
(3) A copy of any contract proposed to be used for the
solicitation of stock subscriptions and funds for its preincorporation expenses;
33.48.160
(2010 Ed.)
Stock Associations
(4) A copy of any advertisement, circular, or other written matter proposed to be used for soliciting stock subscriptions and funds for its preincorporation expenses;
(5) A statement of the total funds proposed to be solicited and collected prior to incorporation and an itemized estimate of the preincorporation expenses proposed to be paid;
(6) A list of the names and addresses and amounts of
each of the known proposed stockholders and contributors to
the fund for preincorporation expenses; and
(7) Such additional information as the director may
require. [1994 c 92 § 482; 1973 c 130 § 7.]
Additional notes found at www.leg.wa.gov
33.48.170 Organizing permit—Conditions. The
director may impose conditions in the director’s organizing
permit issued under RCW 33.48.150 concerning the deposit
in escrow of funds collected pursuant to said permit, the manner of expenditure of such funds and such other conditions as
he or she deems reasonable and necessary or advisable for the
protection of the public and the subscribers to such stock or
funds for preincorporation expenses. [1994 c 92 § 483; 1982
c 3 § 100; 1973 c 130 § 8.]
33.48.170
Additional notes found at www.leg.wa.gov
33.48.180 Permit authorizing sale of stock—Applicability. No association shall sell, take subscriptions for, or
issue any stock until the association applies for and secures
from the director a permit authorizing it to sell stock.
This section does not apply to an offering involving less
than five hundred thousand dollars nor to an offering made
under a registration statement filed under the federal securities act of 1933 (48 Stat. 74; 15 U.S.C. Sec. 77a). [1994 c 92
§ 484; 1982 c 3 § 101; 1973 c 130 § 5.]
33.48.180
Additional notes found at www.leg.wa.gov
33.48.190 Permit authorizing sale of guaranty
stock—Required prior to sale of issued or outstanding
stock. No issued and outstanding stock of an association
shall be sold or offered for sale to the public, nor shall subscriptions be solicited or taken for such sales until the association or the selling stockholders have applied for and secured
from the director a permit authorizing the sale of the guaranty
stock.
This section shall not apply to an offering involving less
than ten percent of the issued and outstanding guaranty stock
of an association and less than five hundred thousand dollars
nor to an offering made under a registration statement filed
under the Securities Act of 1933 (48 Stat. 74; 15 U.S.C. Sec.
77a). [1994 c 92 § 485; 1973 c 130 § 9.]
33.48.190
Additional notes found at www.leg.wa.gov
33.48.200 Permit authorizing sale of stock—Application—Contents. An application for a permit to sell stock
shall be in writing and shall be filed in the office of the director by the association.
The application shall include the following:
(1) Regarding the association:
(a) The names and addresses of its officers;
(b) The location of its office;
33.48.200
(2010 Ed.)
33.48.240
(c) An itemized account of its financial condition within
ninety days of the filing date; and
(d) A copy of all minutes of any proceedings of its directors, shareholders, or stockholders relating to or affecting the
issue of such stock;
(2) Regarding the offering:
(a) The names and addresses of the selling stockholders
and of the officers of any selling corporation and the partners
of any selling partnership;
(b) A copy of any contract concerning the sale of the
stock;
(c) A copy of a prospectus or advertisement or other
description of the stock prepared for distribution or publication in accordance with requirements prescribed by the director;
(d) A brief description of the method by which the stock
is to be offered for sale including the offering price and the
underwriting commissions and expense, if any; and
(3) Such additional information as the director may
require. [1994 c 92 § 486; 1982 c 3 § 102; 1973 c 130 § 10.]
Additional notes found at www.leg.wa.gov
33.48.210 Permit authorizing sale of stock—Examination and investigation—Issuance or denial. Upon the
filing of the application for a permit to sell stock, the director
shall examine the application and other papers and documents filed therewith and he or she may make a detailed
examination, audit, and investigation of the association and
its affairs. If the director finds that the proposed plan for the
issue and sale of such stock is fair, just and equitable, the
director shall issue to the applicant a permit authorizing it to
issue and dispose of its stock in such amounts and for such
considerations and upon such terms and conditions as the
director may provide in the permit. If the director does not so
find he or she shall deny the application and notify the applicant in writing of his or her decision. [1994 c 92 § 487; 1982
c 3 § 103; 1973 c 130 § 11.]
33.48.210
Additional notes found at www.leg.wa.gov
33.48.220 Recitation in permit to take subscriptions
for stock. Every permit to take subscriptions for stock shall
recite in bold face type that the issuance thereof is permissive
only and does not constitute a recommendation or endorsement of the stock permitted to be issued. [1982 c 3 § 104;
1973 c 130 § 12.]
33.48.220
Additional notes found at www.leg.wa.gov
33.48.230 Sales of stock—Imposition of conditions.
With respect to sales of stock by an association, the director
may impose conditions requiring the impoundment of the
proceeds from the sale of stock, limiting the expense in connection with the sale of such stock, and other conditions as he
or she deems reasonable and necessary or advisable to insure
the disposition of the proceeds from the sale of such stock in
the manner and for the purposes provided in the permit.
[1994 c 92 § 488; 1982 c 3 § 105; 1973 c 130 § 13.]
33.48.230
Additional notes found at www.leg.wa.gov
33.48.240 Organizing permit—Amendment, alteration, suspension, or revocation by director—Grounds.
33.48.240
[Title 33 RCW—page 27]
33.48.250
Title 33 RCW: Savings and Loan Associations
The director may amend, alter, suspend, or revoke any permit
issued under RCW 33.48.150 if there is a violation of the
terms and conditions of the permit or if the director determines that the subscription or proposed issue and sale is no
longer fair, just, and equitable. [1994 c 92 § 489; 1982 c 3 §
106; 1973 c 130 § 14.]
Additional notes found at www.leg.wa.gov
33.48.250
33.48.250 Purchase by association of stock issued by
it—Conditions. An association may purchase stock issued
by it in an amount not to exceed the amount of earned surplus
or undivided profits available for dividends on its stock if:
The stock so purchased is included for federal estate tax purposes in determining the gross estate of a decedent, and the
amount paid for such purchase is entitled to be treated under
section 303 of the Internal Revenue Code of 1954 (68A Stat.
3; 26 U.S.C. Sec. 1), or other applicable federal statute or the
corresponding provision of any future federal revenue law, as
a distribution in full payment in exchange for the stock so
purchased, or such purchase is with the prior consent of the
director, or such purchase is pursuant to a put option contained in a plan which has been approved by the director
establishing an employee stock ownership plan for the association and its employees pursuant to the provisions of the act
of congress entitled "Employee Retirement Income Security
Act of 1974", as now constituted or hereafter amended, or
Section 409 of the Internal Revenue Code of 1954, as now
constituted or hereafter amended. Stock so purchased until
sold shall be carried as treasury stock. Upon the purchase of
any stock issued by the association, an amount equal to the
purchase price shall be set aside from earned surplus or undivided profits available for dividends to a specific reserve
account established for this purpose. Upon sale of any of such
stock, the amount relating thereto in the specific reserve
account shall be returned to the surplus or undivided profits
account (as the case may be) and shall be available for dividends. Reacquired stock shall not be resold at less than its
reacquisition cost, without the specific approval of the director, and shall not be resold or reissued except in accordance
with RCW 33.48.220 through 33.48.240. [1994 c 92 § 490;
1985 c 239 § 3; 1982 c 3 § 107; 1973 c 130 § 15.]
33.48.280 Paid-in or contributed surplus or surplus
created by reduction of stock—Application and uses. An
association may, by action of its board of directors and with
the prior approval of the director, apply any part or all of any
paid-in or contributed surplus or any surplus created by
reduction of stock to the reduction or writing off of any deficit arising from losses or diminution in value of its assets, or
may transfer to or designate as a part of its federal insurance
account or any other reserve account irrevocably established
for the sole purpose of absorbing losses, any part or all of any
paid-in or contributed surplus or any surplus created by
reduction of stock. [1994 c 92 § 492; 1982 c 3 § 110; 1973 c
130 § 18.]
33.48.280
Additional notes found at www.leg.wa.gov
33.48.290 RCW 33.48.150 through 33.48.280 inapplicable to foreign associations. RCW 33.48.150 through
33.48.280 do not apply to foreign associations doing business
in this state pursuant to the provisions of chapter 33.32 RCW.
[1982 c 3 § 111; 1973 c 130 § 19.]
33.48.290
Additional notes found at www.leg.wa.gov
33.48.320 Waiver of chapter requirements. If, in the
opinion of the director, it is necessary for any of the requirements of this chapter to be waived in order to permit an association which is in danger of failing to convert its charter
from a mutual association to a stock association or from a
stock association to a mutual association so that the association may be acquired by an association or a savings and loan
holding company, then the director may waive any such
requirement. [1994 c 92 § 493; 1982 c 3 § 112.]
33.48.320
Additional notes found at www.leg.wa.gov
Chapter 33.54
Chapter 33.54 RCW
SATELLITE FACILITIES
(See chapter 30.43 RCW)
Additional notes found at www.leg.wa.gov
33.48.260
33.48.260 Reduction of stock—Conditions. With the
prior consent of the director, the stock of an association may
be reduced by resolution of the board of directors approved
by the vote or written consent of the holders of a majority in
amount of the outstanding stock of the association to such
amount as the director approves. [1994 c 92 § 491; 1982 c 3
§ 108; 1973 c 130 § 16.]
Additional notes found at www.leg.wa.gov
33.48.270
33.48.270 Reduction of stock—Disposition of surplus. Any surplus resulting from reduction of stock shall not
be available for dividends or other distribution to stockholders except upon liquidation. [1982 c 3 § 109; 1973 c 130 §
17.]
Additional notes found at www.leg.wa.gov
[Title 33 RCW—page 28]
(2010 Ed.)
Title 34
ADMINISTRATIVE LAW
Title 34
Chapters
34.05 Administrative Procedure Act.
34.08 Washington State Register Act of 1977.
34.12 Office of administrative hearings.
Nonbinding effect of unpublished rules and procedures: RCW 42.56.040.
Open Public Meetings Act: Chapter 42.30 RCW.
Regulatory Fairness Act: Chapter 19.85 RCW.
State departments, adoption of rules governing: RCW 43.17.060.
State economic policy: Chapter 43.21H RCW.
34.05.350
34.05.353
34.05.360
34.05.362
34.05.365
34.05.370
34.05.375
34.05.380
34.05.385
34.05.390
34.05.395
Emergency rules and amendments.
Expedited rule making.
Order adopting rule, contents.
Postadoption notice.
Incorporation by reference.
Rule-making file.
Substantial compliance with procedures.
Filing with code reviser—Written record—Effective dates.
Rules for rule making.
Style, format, and numbering—Agency compliance.
Format and style of amendatory and new sections—Failure to
comply.
PART IV
ADJUDICATIVE PROCEEDINGS
State publications in gender-neutral terms: RCW 43.01.160.
Chapter 34.05
Chapter 34.05 RCW
ADMINISTRATIVE PROCEDURE ACT
Sections
34.05.001
Legislative intent.
PART I
GENERAL PROVISIONS
34.05.010
34.05.020
34.05.030
34.05.040
34.05.050
34.05.060
34.05.070
34.05.080
34.05.090
34.05.100
34.05.110
34.05.120
Definitions.
Savings—Authority of agencies to comply with chapter—
Effect of subsequent legislation.
Exclusions from chapter or parts of chapter.
Operation of chapter if in conflict with federal law.
Waiver.
Informal settlements.
Conversion of proceedings.
Variation from time limits.
Forest practices board—Emergency rules.
Respectful language.
Violations of state law or agency rule by small businesses—
Notice requirements—Waiver of penalty for first-time
violations.
Extension of rights and responsibilities—State registered
domestic partnerships.
PART II
PUBLIC ACCESS TO AGENCY RULES
34.05.210
34.05.220
34.05.230
34.05.240
34.05.250
34.05.260
34.05.270
Code and register—Publication and distribution—Omissions,
removals, revisions—Judicial notice.
Rules for agency procedure—Indexes of opinions and statements.
Interpretive and policy statements.
Declaratory order by agency—Petition.
Model rules of procedure.
Electronic distribution.
Agency web sites for rule-making information.
PART III
RULE-MAKING PROCEDURES
34.05.310
34.05.312
34.05.313
34.05.314
34.05.315
34.05.320
34.05.322
34.05.325
34.05.328
34.05.330
34.05.335
34.05.340
34.05.345
(2010 Ed.)
Prenotice inquiry—Negotiated and pilot rules.
Rules coordinator.
Feasibility studies—Pilot projects.
Rules development agenda.
Rule-making docket.
Notice of proposed rule—Contents—Distribution by
agency—Institutions of higher education.
Scope of rule-making authority.
Public participation—Concise explanatory statement.
Significant legislative rules, other selected rules.
Petition for adoption, amendment, repeal—Agency action—
Appeal.
Withdrawal of proposal—Time and manner of adoption.
Variance between proposed and final rule.
Failure to give twenty days notice of intended action—Effect.
34.05.410
34.05.413
34.05.416
34.05.419
34.05.422
34.05.425
34.05.428
34.05.431
34.05.434
34.05.437
34.05.440
34.05.443
34.05.446
34.05.449
34.05.452
34.05.455
34.05.458
34.05.461
34.05.464
34.05.467
34.05.470
34.05.473
34.05.476
34.05.479
34.05.4791
34.05.482
34.05.485
34.05.488
34.05.491
34.05.494
Application of Part IV.
Commencement—When required.
Decision not to conduct an adjudication.
Agency action on applications for adjudication.
Rate changes, licenses.
Presiding officers—Disqualification, substitution.
Representation.
Conference—Procedure and participation.
Notice of hearing.
Pleadings, briefs, motions, service.
Default.
Intervention.
Subpoenas, discovery, and protective orders.
Procedure at hearing.
Rules of evidence—Cross-examination.
Ex parte communications.
Separation of functions.
Entry of orders.
Review of initial orders.
Stay.
Reconsideration.
Effectiveness of orders.
Agency record.
Emergency adjudicative proceedings.
Secure community transition facility—Proceeding concerning
public safety measures.
Brief adjudicative proceedings—Applicability.
Brief adjudicative proceedings—Procedure.
Brief proceedings—Administrative review—Applicability.
Brief proceedings—Administrative review—Procedures.
Agency record in brief proceedings.
PART V
JUDICIAL REVIEW AND CIVIL ENFORCEMENT
34.05.510
34.05.514
34.05.518
34.05.522
34.05.526
34.05.530
34.05.534
34.05.542
34.05.546
34.05.550
34.05.554
34.05.558
34.05.562
34.05.566
34.05.570
34.05.574
34.05.578
34.05.582
34.05.586
34.05.588
34.05.590
34.05.594
34.05.598
Relationship between this chapter and other judicial review
authority.
Petition for review—Where filed.
Direct review by court of appeals.
Refusal of review by court of appeals.
Appellate review by supreme court or court of appeals.
Standing.
Exhaustion of administrative remedies.
Time for filing petition for review.
Petition for review—Contents.
Stay and other temporary remedies.
Limitation on new issues.
Judicial review of facts confined to record.
New evidence taken by court or agency.
Agency record for review—Costs.
Judicial review.
Type of relief.
Petition by agency for enforcement.
Petition by others for enforcement.
Defenses, limitations on.
Enforcement of agency subpoena.
Incorporation of other judicial review provisions.
Review by higher court.
Frivolous petitions.
[Title 34 RCW—page 1]
34.05.001
Title 34 RCW: Administrative Law
PART VI
LEGISLATIVE REVIEW
34.05.610
34.05.620
34.05.630
34.05.640
34.05.650
34.05.655
34.05.660
34.05.665
34.05.671
34.05.675
34.05.681
Joint administrative rules review committee—Members—
Appointment—Terms—Vacancies.
Review of proposed rules—Notice.
Review of existing rules—Policy and interpretive statements,
etc.—Notice—Hearing.
Committee objections to agency intended action—Statement
in register and WAC—Suspension of rule.
Recommendations by committee to legislature.
Petition for review.
Review and objection procedures—No presumption established.
Submission of rule for review—State employees protected.
Reports—Advisory boards—Staff.
Inspection of properties—Oaths, subpoenas, witnesses, depositions.
Enforcement—Committee subpoena—Refusal to testify.
PART IX
TECHNICAL PROVISIONS
34.05.900
34.05.901
34.05.902
34.05.903
Captions and headings.
Severability—1988 c 288.
Effective date—Application—1988 c 288.
Severability—1998 c 280.
Nonbinding effect of unpublished rules and procedures: RCW 42.56.040.
Not applicable to the following proceedings and agreements: RCW
2.64.092, 41.56.452, 41.76.070, 47.64.310, 70.24.370, and 74.36.120.
34.05.001 Legislative intent. The legislature intends,
by enacting this 1988 Administrative Procedure Act, to clarify the existing law of administrative procedure, to achieve
greater consistency with other states and the federal government in administrative procedure, and to provide greater public and legislative access to administrative decision making.
The legislature intends that to the greatest extent possible and
unless this chapter clearly requires otherwise, current agency
practices and court decisions interpreting the Administrative
Procedure Act in effect before July 1, 1989, shall remain in
effect. The legislature also intends that the courts should
interpret provisions of this chapter consistently with decisions of other courts interpreting similar provisions of other
states, the federal government, and model acts. [1988 c 288
§ 18.]
34.05.001
PART I
GENERAL PROVISIONS
34.05.010 Definitions. The definitions set forth in this
section shall apply throughout this chapter, unless the context
clearly requires otherwise.
(1) "Adjudicative proceeding" means a proceeding
before an agency in which an opportunity for hearing before
that agency is required by statute or constitutional right
before or after the entry of an order by the agency. Adjudicative proceedings also include all cases of licensing and rate
making in which an application for a license or rate change is
denied except as limited by RCW 66.08.150, or a license is
revoked, suspended, or modified, or in which the granting of
an application is contested by a person having standing to
contest under the law.
(2) "Agency" means any state board, commission,
department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches,
the governor, or the attorney general except to the extent otherwise required by law and any local governmental entity that
34.05.010
[Title 34 RCW—page 2]
may request the appointment of an administrative law judge
under chapter 42.41 RCW.
(3) "Agency action" means licensing, the implementation or enforcement of a statute, the adoption or application
of an agency rule or order, the imposition of sanctions, or the
granting or withholding of benefits.
Agency action does not include an agency decision
regarding (a) contracting or procurement of goods, services,
public works, and the purchase, lease, or acquisition by any
other means, including eminent domain, of real estate, as well
as all activities necessarily related to those functions, or (b)
determinations as to the sufficiency of a showing of interest
filed in support of a representation petition, or mediation or
conciliation of labor disputes or arbitration of labor disputes
under a collective bargaining law or similar statute, or (c) any
sale, lease, contract, or other proprietary decision in the management of public lands or real property interests, or (d) the
granting of a license, franchise, or permission for the use of
trademarks, symbols, and similar property owned or controlled by the agency.
(4) "Agency head" means the individual or body of individuals in whom the ultimate legal authority of the agency is
vested by any provision of law. If the agency head is a body
of individuals, a majority of those individuals constitutes the
agency head.
(5) "Entry" of an order means the signing of the order by
all persons who are to sign the order, as an official act indicating that the order is to be effective.
(6) "Filing" of a document that is required to be filed
with an agency means delivery of the document to a place
designated by the agency by rule for receipt of official documents, or in the absence of such designation, at the office of
the agency head.
(7) "Institutions of higher education" are the University
of Washington, Washington State University, Central Washington University, Eastern Washington University, Western
Washington University, The Evergreen State College, the
various community colleges, and the governing boards of
each of the above, and the various colleges, divisions, departments, or offices authorized by the governing board of the
institution involved to act for the institution, all of which are
sometimes referred to in this chapter as "institutions."
(8) "Interpretive statement" means a written expression
of the opinion of an agency, entitled an interpretive statement
by the agency head or its designee, as to the meaning of a statute or other provision of law, of a court decision, or of an
agency order.
(9)(a) "License" means a franchise, permit, certification,
approval, registration, charter, or similar form of authorization required by law, but does not include (i) a license
required solely for revenue purposes, or (ii) a certification of
an exclusive bargaining representative, or similar status,
under a collective bargaining law or similar statute, or (iii) a
license, franchise, or permission for use of trademarks, symbols, and similar property owned or controlled by the agency.
(b) "Licensing" includes the agency process respecting
the issuance, denial, revocation, suspension, or modification
of a license.
(10) "Mail" or "send," for purposes of any notice relating
to rule making or policy or interpretive statements, means
regular mail or electronic distribution, as provided in RCW
(2010 Ed.)
Administrative Procedure Act
34.05.260. "Electronic distribution" or "electronically"
means distribution by electronic mail or facsimile mail.
(11)(a) "Order," without further qualification, means a
written statement of particular applicability that finally determines the legal rights, duties, privileges, immunities, or other
legal interests of a specific person or persons.
(b) "Order of adoption" means the official written statement by which an agency adopts, amends, or repeals a rule.
(12) "Party to agency proceedings," or "party" in a context so indicating, means:
(a) A person to whom the agency action is specifically
directed; or
(b) A person named as a party to the agency proceeding
or allowed to intervene or participate as a party in the agency
proceeding.
(13) "Party to judicial review or civil enforcement proceedings," or "party" in a context so indicating, means:
(a) A person who files a petition for a judicial review or
civil enforcement proceeding; or
(b) A person named as a party in a judicial review or civil
enforcement proceeding, or allowed to participate as a party
in a judicial review or civil enforcement proceeding.
(14) "Person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof,
or public or private organization or entity of any character,
and includes another agency.
(15) "Policy statement" means a written description of
the current approach of an agency, entitled a policy statement
by the agency head or its designee, to implementation of a
statute or other provision of law, of a court decision, or of an
agency order, including where appropriate the agency’s current practice, procedure, or method of action based upon that
approach.
(16) "Rule" means any agency order, directive, or regulation of general applicability (a) the violation of which subjects a person to a penalty or administrative sanction; (b)
which establishes, alters, or revokes any procedure, practice,
or requirement relating to agency hearings; (c) which establishes, alters, or revokes any qualification or requirement
relating to the enjoyment of benefits or privileges conferred
by law; (d) which establishes, alters, or revokes any qualifications or standards for the issuance, suspension, or revocation of licenses to pursue any commercial activity, trade, or
profession; or (e) which establishes, alters, or revokes any
mandatory standards for any product or material which must
be met before distribution or sale. The term includes the
amendment or repeal of a prior rule, but does not include (i)
statements concerning only the internal management of an
agency and not affecting private rights or procedures available to the public, (ii) declaratory rulings issued pursuant to
RCW 34.05.240, (iii) traffic restrictions for motor vehicles,
bicyclists, and pedestrians established by the secretary of
transportation or his designee where notice of such restrictions is given by official traffic control devices, or (iv) rules
of institutions of higher education involving standards of
admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships,
or fiscal processes.
(17) "Rules review committee" or "committee" means
the joint administrative rules review committee created pur(2010 Ed.)
34.05.030
suant to RCW 34.05.610 for the purpose of selectively
reviewing existing and proposed rules of state agencies.
(18) "Rule making" means the process for formulation
and adoption of a rule.
(19) "Service," except as otherwise provided in this
chapter, means posting in the United States mail, properly
addressed, postage prepaid, or personal service. Service by
mail is complete upon deposit in the United States mail.
Agencies may, by rule, authorize service by electronic telefacsimile transmission, where copies are mailed simultaneously, or by commercial parcel delivery company. [1997 c
126 § 2; 1992 c 44 § 10; 1989 c 175 § 1; 1988 c 288 § 101;
1982 c 10 § 5. Prior: 1981 c 324 § 2; 1981 c 183 § 1; 1967 c
237 § 1; 1959 c 234 § 1. Formerly RCW 34.04.010.]
Additional notes found at www.leg.wa.gov
34.05.020 Savings—Authority of agencies to comply
with chapter—Effect of subsequent legislation. Nothing
in this chapter may be held to diminish the constitutional
rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law.
Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to
agencies and persons. Every agency is granted all authority
necessary to comply with the requirements of this chapter
through the issuance of rules or otherwise. No subsequent
legislation shall be held to supersede or modify the provisions of this chapter or its applicability to any agency except
to the extent that such legislation shall do so expressly. [1988
c 288 § 102; 1967 c 237 § 24. Formerly RCW 34.04.940.]
34.05.020
34.05.030 Exclusions from chapter or parts of chapter. (1) This chapter shall not apply to:
(a) The state militia, or
(b) The board of clemency and pardons, or
(c) The department of corrections or the indeterminate
sentencing review board with respect to persons who are in
their custody or are subject to the jurisdiction of those agencies.
(2) The provisions of RCW 34.05.410 through 34.05.598
shall not apply:
(a) To adjudicative proceedings of the board of industrial
insurance appeals except as provided in RCW 7.68.110 and
51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW, to
the denial, suspension, or revocation of a driver’s license by
the department of licensing;
(c) To the department of labor and industries where
another statute expressly provides for review of adjudicative
proceedings of a department action, order, decision, or award
before the board of industrial insurance appeals;
(d) To actions of the Washington personnel resources
board or the director of personnel;
(e) To adjustments by the department of revenue of the
amount of the surcharge imposed under RCW 82.04.261; or
(f) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3) Unless a party makes an election for a formal hearing
pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410
34.05.030
[Title 34 RCW—page 3]
34.05.040
Title 34 RCW: Administrative Law
through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.
(4) The rule-making provisions of this chapter do not
apply to:
(a) Reimbursement unit values, fee schedules, arithmetic
conversion factors, and similar arithmetic factors used to
determine payment rates that apply to goods and services
purchased under contract for clients eligible under chapter
74.09 RCW; and
(b) Adjustments by the department of revenue of the
amount of the surcharge imposed under RCW 82.04.261.
(5) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the
Administrative Procedure Act, shall be subject to the entire
act. [2006 c 300 § 4; 2002 c 354 § 225; 1994 c 39 § 1; 1993
c 281 § 15; 1989 c 175 § 2; 1988 c 288 § 103; 1984 c 141 §
8; 1982 c 221 § 6; 1981 c 64 § 2; 1979 c 158 § 90; 1971 ex.s.
c 57 § 17; 1971 c 21 § 1; 1967 ex.s. c 71 § 1; 1967 c 237 § 7;
1963 c 237 § 1; 1959 c 234 § 15. Formerly RCW 34.04.150.]
Effective dates—Contingent effective date—2006 c 300: See note
following RCW 82.04.261.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Additional notes found at www.leg.wa.gov
34.05.040 Operation of chapter if in conflict with federal law. If any part of this chapter is found to be in conflict
with federal requirements which are a condition precedent to
the allocation of federal funds to the state, the conflicting part
of this chapter is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and
such findings or determination shall not affect the operation
of the remainder of this chapter in its application to the agencies concerned. [1988 c 288 § 104; 1959 c 234 § 19. Formerly RCW 34.04.930.]
34.05.040
34.05.050 Waiver. Except to the extent precluded by
another provision of law, a person may waive any right conferred upon that person by this chapter. [1988 c 288 § 105.]
34.05.050
34.05.060 Informal settlements. Except to the extent
precluded by another provision of law and subject to
approval by agency order, informal settlement of matters that
may make unnecessary more elaborate proceedings under
this chapter is strongly encouraged. Agencies may establish
by rule specific procedures for attempting and executing
informal settlement of matters. This section does not require
any party or other person to settle a matter. [1988 c 288 §
106.]
34.05.060
34.05.070 Conversion of proceedings. (1) If it
becomes apparent during the course of an adjudicative or
rule-making proceeding undertaken pursuant to this chapter
that another form of proceeding under this chapter is necessary, is in the public interest, or is more appropriate to resolve
issues affecting the participants, on his or her own motion or
on the motion of any party, the presiding officer or other official responsible for the original proceeding shall advise the
parties of necessary steps for conversion and, if within the
official’s power, commence the new proceeding. If the
34.05.070
[Title 34 RCW—page 4]
agency refuses to convert to another proceeding, that decision
is not subject to judicial review. Commencement of the new
proceeding shall be accomplished pursuant to the procedural
rules of the new proceeding, except that elements already
performed need not be repeated.
(2) If appropriate, a new proceeding may be commenced
independently of the original proceeding or may replace the
original proceeding.
(3) Conversion to a replacement proceeding shall not be
undertaken if the rights of any party will be substantially prejudiced.
(4) To the extent feasible the record of the original proceeding shall be included in the record of a replacement proceeding.
(5) The time of commencement of a replacement proceeding shall be considered to be the time of commencement
of the original proceeding. [1988 c 288 § 107.]
34.05.080 Variation from time limits. (1) An agency
may modify time limits established in this chapter only as set
forth in this section. An agency may not modify time limits
relating to rule-making procedures or the time limits for filing a petition for judicial review specified in RCW
34.05.542.
(2) The time limits set forth in this chapter may be modified by rule of the agency or by rule of the chief administrative law judge if:
(a) The agency has an agency head composed of a body
of individuals serving part time who do not regularly meet on
a schedule that would allow compliance with the time limits
of this chapter in the normal course of agency affairs;
(b) The agency does not have a permanent staff to comply with the time limits set forth in this chapter without substantial loss of efficiency and economy; and
(c) The rights of persons dealing with the agency are not
substantially impaired.
(3) The time limits set forth in this chapter may be modified by rule if the agency determines that the change is necessary to the performance of its statutory duties. Agency rule
may provide for emergency variation when required in a specific case.
(4) Time limits may be changed pursuant to RCW
34.05.040.
(5) Time limits may be waived pursuant to RCW
34.05.050.
(6) Any modification in the time limits set forth in this
chapter shall be to new time limits that are reasonable under
the specific circumstances.
(7) In an adjudicative proceeding, any agency whose
time limits vary from those set forth in this chapter shall provide reasonable and adequate notice of the pertinent time limits to persons affected. The notice may be given by the presiding or reviewing officer involved in the proceeding.
(8) Two years after July 1, 1989, the chief administrative
law judge shall cause a survey to be made of variations by
agencies from the time limits set forth in this chapter, and
shall submit a written report of the results of the survey to the
office of the governor. [1989 c 175 § 3; 1988 c 288 § 108.]
34.05.080
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Administrative Procedure Act
34.05.090 Forest practices board—Emergency rules.
Emergency rules adopted by the forest practices board pertaining to forest practices and the protection of aquatic
resources are subject to this chapter to the extent provided in
RCW 76.09.055. [1999 sp.s. c 4 § 202.]
34.05.090
Additional notes found at www.leg.wa.gov
34.05.100 Respectful language. (1) All agency orders
creating new rules, or amending existing rules, shall be formulated in accordance with the requirements of RCW
44.04.280 regarding the use of respectful language.
(2) No agency rule is invalid because it does not comply
with this section. [2004 c 175 § 2.]
34.05.100
34.05.110 Violations of state law or agency rule by
small businesses—Notice requirements—Waiver of penalty for first-time violations. (1) Agencies must provide to
a small business a copy of the state law or agency rule that a
small business is violating and a period of at least two business days to correct the violation before the agency may
impose any fines, civil penalties, or administrative sanctions
for a violation of a state law or agency rule by a small business. If no correction is possible or if an agency is acting in
response to a complaint made by a third party and the third
party would be disadvantaged by the application of this subsection, the requirements in this subsection do not apply.
(2) Except as provided in subsection (4) of this section,
agencies shall waive any fines, civil penalties, or administrative sanctions for first-time paperwork violations by a small
business.
(3) When an agency waives a fine, penalty, or sanction
under this section, when possible it shall require the small
business to correct the violation within a reasonable period of
time, in a manner specified by the agency. If correction is
impossible, no correction may be required and failure to correct is not grounds for reinstatement of fines, penalties, or
sanctions under subsection (5)(b) of this section.
(4) Exceptions to requirements of subsection (1) of this
section and the waiver requirement in subsection (2) of this
section may be made for any of the following reasons:
(a) The agency head determines that the effect of the violation or waiver presents a direct danger to the public health,
results in a loss of income or benefits to an employee, poses a
potentially significant threat to human health or the environment, or causes serious harm to the public interest;
(b) The violation involves a knowing or willful violation;
(c) The violation is of a requirement concerning the
assessment, collection, or administration of any tax, tax program, debt, revenue, receipt, a regulated entity’s financial filings, or insurance rate or form filing;
(d) The requirements of this section are in conflict with
federal law or program requirements, federal requirements
that are a prescribed condition to the allocation of federal
funds to the state, or the requirements for eligibility of
employers in this state for federal unemployment tax credits,
as determined by the agency head;
(e) The small business committing the violation previously violated a substantially similar requirement; or
(f) The owner or operator of the small business committing the violation owns or operates, or owned or operated a
34.05.110
(2010 Ed.)
34.05.120
different small business which previously violated a substantially similar requirement.
(5)(a) Nothing in this section prohibits an agency from
waiving fines, civil penalties, or administrative sanctions
incurred by a small business for a paperwork violation that is
not a first-time offense.
(b) Any fine, civil penalty, or administrative sanction
that is waived under this section may be reinstated and
imposed in addition to any additional fines, penalties, or
administrative sanctions associated with a subsequent violation for noncompliance with a substantially similar paperwork requirement, or failure to correct the previous violation
as required by the agency under subsection (3) of this section.
(6) Nothing in this section may be construed to diminish
the responsibility for any citizen or business to apply for and
obtain a permit, license, or authorizing document that is
required to engage in a regulated activity, or otherwise comply with state or federal law.
(7) Nothing in this section shall be construed to apply to
small businesses required to provide accurate and complete
information and documentation in relation to any claim for
payment of state or federal funds or who are licensed or certified to provide care and services to vulnerable adults or children.
(8) Nothing in this section affects the attorney general’s
authority to impose fines, civil penalties, or administrative
sanctions as otherwise authorized by law; nor shall this section affect the attorney general’s authority to enforce the consumer protection act, chapter 19.86 RCW.
(9) As used in this section:
(a) "Small business" means a business with two hundred
fifty or fewer employees or a gross revenue of less than seven
million dollars annually as reported on its most recent federal
income tax return or its most recent return filed with the
department of revenue.
(b) "Paperwork violation" means the violation of any
statutory or regulatory requirement that mandates the collection of information by an agency, or the collection, posting,
or retention of information by a small business. This includes
but is not limited to requirements in the Revised Code of
Washington, the Washington Administrative Code, the
Washington State Register, or any other agency directive.
(c) "First-time paperwork violation" means the first
instance of a particular or substantially similar paperwork
violation. [2010 c 194 § 1; 2009 c 358 § 1.]
34.05.120 Extension of rights and responsibilities—
State registered domestic partnerships. (1) Subject to the
availability of funds appropriated for this specific purpose,
except where inconsistent with federal law or regulations
applicable to federal benefit programs, agencies shall amend
their rules to reflect the intent of the legislature to ensure that
all privileges, immunities, rights, benefits, or responsibilities
granted or imposed by statute to an individual because that
individual is or was a spouse in a marital relationship are
granted or imposed on equivalent terms to an individual
because that individual is or was in a state registered domestic partnership.
(2) Except where inconsistent with federal law or regulations applicable to federal benefit programs, all agency orders
creating new rules, or amending existing rules, shall be for34.05.120
[Title 34 RCW—page 5]
34.05.210
Title 34 RCW: Administrative Law
mulated to reflect the intent stated in subsection (1) of this
section.
(3) No agency rule is invalid because it does not comply
with this section. [2009 c 521 § 2.]
PART II
PUBLIC ACCESS TO AGENCY RULES
34.05.210 Code and register—Publication and distribution—Omissions, removals, revisions—Judicial notice.
(1) The code reviser shall cause the Washington Administrative Code to be compiled, indexed by subject, and published.
All current, permanently effective rules of each agency shall
be published in the Washington Administrative Code. Compilations shall be supplemented or revised as often as necessary and at least annually in a form compatible with the main
compilation.
(2) Subject to the provisions of this chapter, the code
reviser shall prescribe a uniform numbering system, form,
and style for all proposed and adopted rules.
(3) The code reviser shall publish a register setting forth
the text of all rules filed during the appropriate register publication period.
(4) The code reviser may omit from the register or the
compilation, rules that would be unduly cumbersome, expensive, or otherwise inexpedient to publish, if such rules are
made available in printed or processed form on application to
the adopting agency, and if the register or compilation contains a notice stating the general subject matter of the rules so
omitted and stating how copies thereof may be obtained.
(5) The code reviser may edit and revise rules for publication, codification, and compilation, without changing the
meaning of any such rule.
(6) When a rule, in whole or in part, is declared invalid
and unconstitutional by a court of final appeal, the adopting
agency shall give notice to that effect in the register. With the
consent of the attorney general, the code reviser may remove
obsolete rules or parts of rules from the Washington Administrative Code when:
(a) The rules are declared unconstitutional by a court of
final appeal; or
(b) The adopting agency ceases to exist and the rules are
not transferred by statute to a successor agency.
(7) Compilations shall be made available, in written
form to (a) state elected officials whose offices are created by
Article II or III of the state Constitution or by RCW
48.02.010, upon request, (b) the secretary of the senate and
the chief clerk of the house for committee use, as required,
but not to exceed the number of standing committees in each
body, (c) county boards of law library trustees and to the
Olympia press corps library, and (d) other persons at a price
fixed by the code reviser.
(8) The board of law library trustees of each county shall
keep and maintain a complete and current set of registers and
compilations when required for use and inspection as provided in chapter 27.24 RCW. If the register is published
exclusively by electronic means on the code reviser web site,
providing on-site access to the electronic version of the register shall satisfy the requirements of this subsection for access
to the register.
34.05.210
[Title 34 RCW—page 6]
(9) Registers shall be made available in written form to
the same parties and under the same terms as those listed in
subsection (7) of this section, unless the register is published
exclusively by electronic means on the code reviser web site.
(10) Judicial notice shall be taken of rules filed and published as provided in RCW 34.05.380 and this section. [2007
c 456 § 3; 1988 c 288 § 201; 1982 1st ex.s. c 32 § 7; 1980 c
186 § 12; 1977 ex.s. c 240 § 9; 1959 c 234 § 5. Formerly
RCW 34.04.050.]
Nonbinding effect of unpublished rules and procedures: RCW 42.56.040.
Additional notes found at www.leg.wa.gov
34.05.220 Rules for agency procedure—Indexes of
opinions and statements. (1) In addition to other rule-making requirements imposed by law:
(a) Each agency may adopt rules governing the formal
and informal procedures prescribed or authorized by this
chapter and rules of practice before the agency, together with
forms and instructions. If an agency has not adopted procedural rules under this section, the model rules adopted by the
chief administrative law judge under RCW 34.05.250 govern
procedures before the agency.
(b) To assist interested persons dealing with it, each
agency shall adopt as a rule a description of its organization,
stating the general course and method of its operations and
the methods whereby the public may obtain information and
make submissions or requests. No person may be required to
comply with agency procedure not adopted as a rule as herein
required.
(2) To the extent not prohibited by federal law or regulation, nor prohibited for reasons of confidentiality by state
law, each agency shall keep on file for public inspection all
final orders, decisions, and opinions in adjudicative proceedings, interpretive statements, policy statements, and any
digest or index to those orders, decisions, opinions, or statements prepared by or for the agency.
(3) No agency order, decision, or opinion is valid or
effective against any person, nor may it be invoked by the
agency for any purpose, unless it is available for public
inspection. This subsection is not applicable in favor of any
person who has actual knowledge of the order, decision, or
opinion. The agency has the burden of proving that knowledge, but may meet that burden by proving that the person
has been properly served with a copy of the order.
(4) Each agency that is authorized by law to exercise discretion in deciding individual cases is encouraged to formalize the general principles that may evolve from these decisions by adopting the principles as rules that the agency will
follow until they are amended or repealed.
(5) To the extent practicable, any rule proposed or
adopted by an agency should be clearly and simply stated, so
that it can be understood by those required to comply.
(6) The departments of employment security, labor and
industries, ecology, and revenue shall develop and use a notification process to communicate information to the public
regarding the postadoption notice required by RCW
34.05.362. [2003 c 246 § 2; 1994 c 249 § 24; 1989 c 175 § 4;
1988 c 288 § 202; 1981 c 67 § 13; 1967 c 237 § 2; 1959 c 234
§ 2. Formerly RCW 34.04.020.]
34.05.220
Finding—2003 c 246: See note following RCW 34.05.362.
(2010 Ed.)
Administrative Procedure Act
Additional notes found at www.leg.wa.gov
34.05.230 Interpretive and policy statements. (1) An
agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of
interpretive or policy statements. Current interpretive and
policy statements are advisory only. To better inform and
involve the public, an agency is encouraged to convert longstanding interpretive and policy statements into rules.
(2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules. Upon
submission, the agency shall notify the joint administrative
rules review committee of the petition. Within sixty days
after submission of a petition, the agency shall either deny the
petition in writing, stating its reasons for the denial, or initiate
rule-making proceedings in accordance with this chapter.
(3) Each agency shall maintain a roster of interested persons, consisting of persons who have requested in writing to
be notified of all interpretive and policy statements issued by
that agency. Each agency shall update the roster periodically
and eliminate persons who do not indicate a desire to continue on the roster. Whenever an agency issues an interpretive or policy statement, it shall send a copy of the statement
to each person listed on the roster. The agency may charge a
nominal fee to the interested person for this service.
(4) Whenever an agency issues an interpretive or policy
statement, it shall submit to the code reviser for publication in
the Washington State Register a statement describing the
subject matter of the interpretive or policy statement, and listing the person at the agency from whom a copy of the interpretive or policy statement may be obtained. [2004 c 31 § 3;
2001 c 25 § 1; 1997 c 409 § 202; 1996 c 206 § 12; 1995 c 403
§ 702; 1988 c 288 § 203.]
34.05.230
Findings—1996 c 206: See note following RCW 43.05.030.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
34.05.240 Declaratory order by agency—Petition.
(1) Any person may petition an agency for a declaratory order
with respect to the applicability to specified circumstances of
a rule, order, or statute enforceable by the agency. The petition shall set forth facts and reasons on which the petitioner
relies to show:
(a) That uncertainty necessitating resolution exists;
(b) That there is actual controversy arising from the
uncertainty such that a declaratory order will not be merely
an advisory opinion;
(c) That the uncertainty adversely affects the petitioner;
(d) That the adverse effect of uncertainty on the petitioner outweighs any adverse effects on others or on the general public that may likely arise from the order requested; and
(e) That the petition complies with any additional
requirements established by the agency under subsection (2)
of this section.
(2) Each agency may adopt rules that provide for: (a)
The form, contents, and filing of petitions for a declaratory
order; (b) the procedural rights of persons in relation thereto;
and (c) the disposition of those petitions. These rules may
include a description of the classes of circumstances in which
the agency will not enter a declaratory order and shall be con34.05.240
(2010 Ed.)
34.05.260
sistent with the public interest and with the general policy of
this chapter to facilitate and encourage agencies to provide
reliable advice.
(3) Within fifteen days after receipt of a petition for a
declaratory order, the agency shall give notice of the petition
to all persons to whom notice is required by law, and may
give notice to any other person it deems desirable.
(4) RCW 34.05.410 through 34.05.494 apply to agency
proceedings for declaratory orders only to the extent an
agency so provides by rule or order.
(5) Within thirty days after receipt of a petition for a
declaratory order an agency, in writing, shall do one of the
following:
(a) Enter an order declaring the applicability of the statute, rule, or order in question to the specified circumstances;
(b) Set the matter for specified proceedings to be held no
more than ninety days after receipt of the petition;
(c) Set a specified time no more than ninety days after
receipt of the petition by which it will enter a declaratory
order; or
(d) Decline to enter a declaratory order, stating the reasons for its action.
(6) The time limits of subsection (5) (b) and (c) of this
section may be extended by the agency for good cause.
(7) An agency may not enter a declaratory order that
would substantially prejudice the rights of a person who
would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order
proceeding.
(8) A declaratory order has the same status as any other
order entered in an agency adjudicative proceeding. Each
declaratory order shall contain the names of all parties to the
proceeding on which it is based, the particular facts on which
it is based, and the reasons for its conclusions. [1988 c 288 §
204; 1959 c 234 § 8. Formerly RCW 34.04.080.]
34.05.250 Model rules of procedure. The chief administrative law judge shall adopt model rules of procedure
appropriate for use by as many agencies as possible. The
model rules shall deal with all general functions and duties
performed in common by the various agencies. Each agency
shall adopt as much of the model rules as is reasonable under
its circumstances. Any agency adopting a rule of procedure
that differs from the model rules shall include in the order of
adoption a finding stating the reasons for variance. [1988 c
288 § 205.]
34.05.250
34.05.260 Electronic distribution. (1) In order to provide the greatest possible access to agency documents to the
most people, agencies are encouraged to make their rule,
interpretive, and policy information available through electronic distribution as well as through the regular mail. Agencies that have the capacity to transmit electronically may ask
persons who are on mailing lists or rosters for copies of interpretive statements, policy statements, preproposal statements
of inquiry, and other similar notices whether they would like
to receive the notices electronically.
(2) Electronic distribution to persons who request it may
substitute for mailed copies related to rule making or policy
or interpretive statements. If a notice is distributed electroni34.05.260
[Title 34 RCW—page 7]
34.05.270
Title 34 RCW: Administrative Law
cally, the agency is not required to transmit the actual notice
form but must send all the information contained in the
notice.
(3) Agencies which maintain mailing lists or rosters for
any notices relating to rule making or policy or interpretive
statements may establish different rosters or lists by general
subject area. [1997 c 126 § 1.]
34.05.270 Agency web sites for rule-making information. Within existing resources, each state agency shall
maintain a web site that contains the agency’s rule-making
information. A direct link to the agency’s rule-making page
must be displayed on the agency’s homepage. The rule-making web site shall include the complete text of all proposed
rules, emergency rules, and permanent rules proposed or
adopted within the past twelve months, or include a direct
link to the index page on the Washington State Register web
site that contains links to the complete text of all proposed
rules, emergency rules, and permanent rules proposed or
adopted within the past twelve months by that state agency.
For proposed rules, the time, date, and place for the rule-making hearing and the procedures and timelines for submitting
written comments and supporting data must be posted on the
web site. [2009 c 93 § 1.]
34.05.270
PART III
RULE-MAKING PROCEDURES
34.05.310 Prenotice inquiry—Negotiated and pilot
rules. (1) To meet the intent of providing greater public
access to administrative rule making and to promote consensus among interested parties, agencies shall solicit comments
from the public on a subject of possible rule making before
filing with the code reviser a notice of proposed rule making
under RCW 34.05.320. The agency shall prepare a statement
of inquiry that:
(a) Identifies the specific statute or statutes authorizing
the agency to adopt rules on this subject;
(b) Discusses why rules on this subject may be needed
and what they might accomplish;
(c) Identifies other federal and state agencies that regulate this subject, and describes the process whereby the
agency would coordinate the contemplated rule with these
agencies;
(d) Discusses the process by which the rule might be
developed, including, but not limited to, negotiated rule making, pilot rule making, or agency study;
(e) Specifies the process by which interested parties can
effectively participate in the decision to adopt a new rule and
formulation of a proposed rule before its publication.
The statement of inquiry shall be filed with the code
reviser for publication in the state register at least thirty days
before the date the agency files notice of proposed rule making under RCW 34.05.320 and the statement, or a summary
of the information contained in that statement, shall be sent to
any party that has requested receipt of the agency’s statements of inquiry.
(2) Agencies are encouraged to develop and use new
procedures for reaching agreement among interested parties
before publication of notice and the adoption hearing on a
34.05.310
[Title 34 RCW—page 8]
proposed rule. Examples of new procedures include, but are
not limited to:
(a) Negotiated rule making by which representatives of
an agency and of the interests that are affected by a subject of
rule making, including, where appropriate, county and city
representatives, seek to reach consensus on the terms of the
proposed rule and on the process by which it is negotiated;
and
(b) Pilot rule making which includes testing the feasibility of complying with or administering draft new rules or
draft amendments to existing rules through the use of volunteer pilot groups in various areas and circumstances, as provided in RCW 34.05.313 or as otherwise provided by the
agency.
(3)(a) An agency must make a determination whether
negotiated rule making, pilot rule making, or another process
for generating participation from interested parties prior to
development of the rule is appropriate.
(b) An agency must include a written justification in the
rule-making file if an opportunity for interested parties to
participate in the rule-making process prior to publication of
the proposed rule has not been provided.
(4) This section does not apply to:
(a) Emergency rules adopted under RCW 34.05.350;
(b) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment
party;
(c) Rules adopting or incorporating by reference without
material change federal statutes or regulations, Washington
state statutes, rules of other Washington state agencies,
shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by
Washington state law, national consensus codes that generally establish industry standards, if the material adopted or
incorporated regulates the same subject matter and conduct
as the adopting or incorporating rule;
(d) Rules that only correct typographical errors, make
address or name changes, or clarify language of a rule without changing its effect;
(e) Rules the content of which is explicitly and specifically dictated by statute;
(f) Rules that set or adjust fees or rates pursuant to legislative standards; or
(g) Rules that adopt, amend, or repeal:
(i) A procedure, practice, or requirement relating to
agency hearings; or
(ii) A filing or related process requirement for applying
to an agency for a license or permit. [2004 c 31 § 1; 1995 c
403 § 301; 1994 c 249 § 1; 1993 c 202 § 2; 1989 c 175 § 5;
1988 c 288 § 301.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Finding—Intent—1993 c 202: "The legislature finds that while the
1988 Administrative Procedure Act expanded public participation in the
agency rule-making process, there continue to be instances when participants
have developed adversarial relationships with each other, resulting in the
inability to identify all of the issues, the failure to focus on solutions to problems, unnecessary delays, litigation, and added cost to the agency, affected
parties, and the public in general.
When interested parties work together, it is possible to negotiate development of a rule that is acceptable to all affected, and that conforms to the
intent of the statute the rule is intended to implement.
After a rule is adopted, unanticipated negative impacts may emerge.
(2010 Ed.)
Administrative Procedure Act
Examples include excessive costs of administration for the agency and compliance by affected parties, technical conditions that may be physically or
economically unfeasible to meet, problems of interpretation due to lack of
clarity, and reporting requirements that duplicate or conflict with those
already in place.
It is therefore the intent of the legislature to encourage flexible
approaches to developing administrative rules, including but not limited to
negotiated rule making and a process for testing the feasibility of adopted
rules, often called the pilot rule process. However, nothing in chapter 202,
Laws of 1993 shall be construed to create any mandatory duty for an agency
to use the procedures in RCW 34.05.310 or 34.05.313 in any particular
instance of rule making. Agencies shall determine, in their discretion, when
it is appropriate to use these procedures." [1993 c 202 § 1.]
Rules coordinator duties regarding business: RCW 43.17.310.
Additional notes found at www.leg.wa.gov
34.05.312 Rules coordinator. Each agency shall designate a rules coordinator, who shall have knowledge of the
subjects of rules being proposed or prepared within the
agency for proposal, maintain the records of any such action,
and respond to public inquiries about possible, proposed, or
adopted rules and the identity of agency personnel working,
reviewing, or commenting on them. The office and mailing
address of the rules coordinator shall be published in the state
register at the time of designation and maintained thereafter
on the code reviser web site for the duration of the designation. The rules coordinator may be an employee of another
agency. [2007 c 456 § 4; 2003 c 246 § 4; 1993 c 202 § 3.]
34.05.312
Finding—2003 c 246: See note following RCW 34.05.362.
Finding—Intent—1993 c 202: See note following RCW 34.05.310.
34.05.313 Feasibility studies—Pilot projects. (1) During the development of a rule or after its adoption, an agency
may develop methods for measuring or testing the feasibility
of complying with or administering the rule and for identifying simple, efficient, and economical alternatives for achieving the goal of the rule. A pilot project shall include public
notice, participation by volunteers who are or will be subject
to the rule, a high level of involvement from agency management, reasonable completion dates, and a process by which
one or more parties may withdraw from the process or the
process may be terminated. Volunteers who agree to test a
rule and attempt to meet the requirements of the draft rule, to
report periodically to the proposing agency on the extent of
their ability to meet the requirements of the draft rule, and to
make recommendations for improving the draft rule shall not
be obligated to comply fully with the rule being tested nor be
subject to any enforcement action or other sanction for failing
to comply with the requirements of the draft rule.
(2) An agency conducting a pilot rule project authorized
under subsection (1) of this section may waive one or more
provisions of agency rules otherwise applicable to participants in such a pilot project if the agency first determines that
such a waiver is in the public interest and necessary to conduct the project. Such a waiver may be only for a stated
period of time, not to exceed the duration of the project.
(3) The findings of the pilot project should be widely
shared and, where appropriate, adopted as amendments to the
rule.
(4) If an agency conducts a pilot rule project in lieu of
meeting the requirements of the regulatory fairness act, chapter 19.85 RCW, the agency shall ensure the following conditions are met:
34.05.313
(2010 Ed.)
34.05.315
(a) If over ten small businesses are affected, there shall
be at least ten small businesses in the test group and at least
one-half of the volunteers participating in the pilot test group
shall be small businesses.
(b)(i) If there are at least one hundred businesses
affected, the participation by small businesses in the test
group shall be as follows:
(A) Not less than twenty percent of the small businesses
must employ twenty-six to fifty employees;
(B) Not less than twenty percent of the small businesses
must employ eleven to twenty-six employees; and
(C) Not less than twenty percent of the small businesses
must employ zero to ten employees.
(ii) If there do not exist a sufficient number of small businesses in each size category set forth in (b)(i) of this subsection willing to participate in the pilot project to meet the minimum requirements of that subsection, then the agency must
comply with this section to the maximum extent practicable.
(c) The agency may not terminate the pilot project before
completion.
(d) Before filing the notice of proposed rule making pursuant to RCW 34.05.320, the agency must prepare a report of
the pilot rule project that includes:
(i) A description of the difficulties small businesses had
in complying with the pilot rule;
(ii) A list of the recommended revisions to the rule to
make compliance with the rule easier or to reduce the cost of
compliance with the rule by the small businesses participating in the pilot rule project;
(iii) A written statement explaining the options it considered to resolve each of the difficulties described and a statement explaining its reasons for not including a recommendation by the pilot test group to revise the rule; and
(iv) If the agency was unable to meet the requirements
set forth in (b)(i) of this subsection, a written explanation of
why it was unable to do so and the steps the agency took to
include small businesses in the pilot project. [1995 c 403 §
303; 1993 c 202 § 4.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Finding—Intent—1993 c 202: See note following RCW 34.05.310.
Additional notes found at www.leg.wa.gov
34.05.314 Rules development agenda. Each state
agency shall prepare a semiannual agenda for rules under
development. The agency shall file the agenda with the code
reviser for publication in the state register not later than January 31st and July 31st of each year. Not later than three days
after its publication in the state register, the agency shall send
a copy of the agenda to each person who has requested
receipt of a copy of the agenda. The agency shall also submit
the agenda to the director of financial management, the rules
review committee, and any other state agency that may reasonably be expected to have an interest in the subject of rules
that will be developed. [1997 c 409 § 206.]
34.05.314
Additional notes found at www.leg.wa.gov
34.05.315 Rule-making docket. (1) Each agency shall
maintain a current public rule-making docket. The rule-mak34.05.315
[Title 34 RCW—page 9]
34.05.320
Title 34 RCW: Administrative Law
ing docket shall contain the information specified in subsection (3) of this section.
(2) The rule-making docket shall contain a listing of each
pending rule-making proceeding. A rule-making proceeding
is pending from the time it is commenced by publication of a
notice of proposed rule adoption under RCW 34.05.320 until
the proposed rule is withdrawn under RCW 34.05.335 or is
adopted by the agency.
(3) For each rule-making proceeding, the docket shall
indicate all of the following:
(a) The name and address of agency personnel responsible for the proposed rule;
(b) The subject of the proposed rule;
(c) A citation to all notices relating to the proceeding that
have been published in the state register under RCW
34.05.320;
(d) The place where written submissions about the proposed rule may be inspected;
(e) The time during which written submissions will be
accepted;
(f) The current timetable established for the agency proceeding, including the time and place of any rule-making
hearing, the date of the rule’s adoption, filing, publication,
and its effective date. [1989 c 175 § 6; 1988 c 288 § 302.]
Additional notes found at www.leg.wa.gov
34.05.320 Notice of proposed rule—Contents—Distribution by agency—Institutions of higher education. (1)
At least twenty days before the rule-making hearing at which
the agency receives public comment regarding adoption of a
rule, the agency shall cause notice of the hearing to be published in the state register. The publication constitutes the
proposal of a rule. The notice shall include all of the following:
(a) A title, a description of the rule’s purpose, and any
other information which may be of assistance in identifying
the rule or its purpose;
(b) Citations of the statutory authority for adopting the
rule and the specific statute the rule is intended to implement;
(c) A short explanation of the rule, its purpose, and anticipated effects, including in the case of a proposal that would
modify existing rules, a short description of the changes the
proposal would make, and a statement of the reasons supporting the proposed action;
(d) The agency personnel, with their office location and
telephone number, who are responsible for the drafting,
implementation, and enforcement of the rule;
(e) The name of the person or organization, whether private, public, or governmental, proposing the rule;
(f) Agency comments or recommendations, if any,
regarding statutory language, implementation, enforcement,
and fiscal matters pertaining to the rule;
(g) Whether the rule is necessary as the result of federal
law or federal or state court action, and if so, a citation to such
law or court decision;
(h) When, where, and how persons may present their
views on the proposed rule;
(i) The date on which the agency intends to adopt the
rule;
34.05.320
[Title 34 RCW—page 10]
(j) A copy of the small business economic impact statement prepared under chapter 19.85 RCW, or an explanation
for why the agency did not prepare the statement;
(k) A statement indicating whether RCW 34.05.328
applies to the rule adoption; and
(l) If RCW 34.05.328 does apply, a statement indicating
that a copy of the preliminary cost-benefit analysis described
in RCW 34.05.328(1)(c) is available.
(2)(a) Upon filing notice of the proposed rule with the
code reviser, the adopting agency shall have copies of the
notice on file and available for public inspection. Except as
provided in (b) of this subsection, the agency shall forward
three copies of the notice to the rules review committee.
(b) A pilot of at least ten agencies, including the departments of labor and industries, fish and wildlife, revenue,
ecology, retirement systems, and health, shall file the copies
required under this subsection, as well as under RCW
34.05.350 and 34.05.353, with the rules review committee
electronically for a period of four years from June 10, 2004.
The office of regulatory assistance shall negotiate the details
of the pilot among the agencies, the legislature, and the code
reviser.
(3) No later than three days after its publication in the
state register, the agency shall cause either a copy of the
notice of proposed rule adoption, or a summary of the information contained on the notice, to be mailed to each person,
city, and county that has made a request to the agency for a
mailed copy of such notices. An agency may charge for the
actual cost of providing a requesting party mailed copies of
these notices.
(4) In addition to the notice required by subsections (1)
and (2) of this section, an institution of higher education shall
cause the notice to be published in the campus or standard
newspaper of the institution at least seven days before the
rule-making hearing. [2004 c 31 § 2; 2003 c 165 § 1; 1995 c
403 § 302; 1994 c 249 § 14; 1992 c 197 § 8; 1989 c 175 § 7;
1988 c 288 § 303; 1982 c 221 § 2; 1982 c 6 § 7; 1980 c 186 §
10; 1977 ex.s. c 84 § 1. Formerly RCW 34.04.045.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Expedited adoption: RCW 34.05.353.
Small business economic impact statement—Purpose—Contents: RCW
19.85.040.
Additional notes found at www.leg.wa.gov
34.05.322 Scope of rule-making authority. For rules
implementing statutes enacted after July 23, 1995, an agency
may not rely solely on the section of law stating a statute’s
intent or purpose, or on the enabling provisions of the statute
establishing the agency, or on any combination of such provisions, for its statutory authority to adopt the rule. An agency
may use the statement of intent or purpose or the agency
enabling provisions to interpret ambiguities in a statute’s
other provisions. [1995 c 403 § 118.]
34.05.322
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
34.05.325 Public participation—Concise explanatory
statement. (1) The agency shall make a good faith effort to
insure that the information on the proposed rule published
34.05.325
(2010 Ed.)
Administrative Procedure Act
pursuant to RCW 34.05.320 accurately reflects the rule to be
presented and considered at the oral hearing on the rule.
Written comment about a proposed rule, including supporting data, shall be accepted by an agency if received no later
than the time and date specified in the notice, or such later
time and date established at the rule-making hearing.
(2) The agency shall provide an opportunity for oral
comment to be received by the agency in a rule-making hearing.
(3) If the agency possesses equipment capable of receiving telefacsimile transmissions or recorded telephonic communications, the agency may provide in its notice of hearing
filed under RCW 34.05.320 that interested parties may comment on proposed rules by these means. If the agency
chooses to receive comments by these means, the notice of
hearing shall provide instructions for making such comments, including, but not limited to, appropriate telephone
numbers to be used; the date and time by which comments
must be received; required methods to verify the receipt and
authenticity of the comments; and any limitations on the
number of pages for telefacsimile transmission comments
and on the minutes of tape recorded comments. The agency
shall accept comments received by these means for inclusion
in the official record if the comments are made in accordance
with the agency’s instructions.
(4) The agency head, a member of the agency head, or a
presiding officer designated by the agency head shall preside
at the rule-making hearing. Rule-making hearings shall be
open to the public. The agency shall cause a record to be
made of the hearing by stenographic, mechanical, or electronic means. Regardless of whether the agency head has
delegated rule-making authority, the presiding official shall
prepare a memorandum for consideration by the agency head,
summarizing the contents of the presentations made at the
rule-making hearing, unless the agency head presided or was
present at substantially all of the hearings. The summarizing
memorandum is a public document and shall be made available to any person in accordance with chapter 42.56 RCW.
(5) Rule-making hearings are legislative in character and
shall be reasonably conducted by the presiding official to
afford interested persons the opportunity to present comment
individually. All comments by all persons shall be made in
the presence and hearing of other attendees. Written or electronic submissions may be accepted and included in the
record. Rule-making hearings may be continued to a later
time and place established on the record without publication
of further notice under RCW 34.05.320.
(6)(a) Before it files an adopted rule with the code
reviser, an agency shall prepare a concise explanatory statement of the rule:
(i) Identifying the agency’s reasons for adopting the rule;
(ii) Describing differences between the text of the proposed rule as published in the register and the text of the rule
as adopted, other than editing changes, stating the reasons for
differences; and
(iii) Summarizing all comments received regarding the
proposed rule, and responding to the comments by category
or subject matter, indicating how the final rule reflects
agency consideration of the comments, or why it fails to do
so.
(2010 Ed.)
34.05.328
(b) The agency shall provide the concise explanatory
statement to any person upon request or from whom the
agency received comment. [2009 c 336 § 1; 2005 c 274 §
262; 1998 c 125 § 1; 1995 c 403 § 304; 1994 c 249 § 7; 1992
c 57 § 1; 1988 c 288 § 304.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
34.05.328 Significant legislative rules, other selected
rules. (1) Before adopting a rule described in subsection (5)
of this section, an agency shall:
(a) Clearly state in detail the general goals and specific
objectives of the statute that the rule implements;
(b) Determine that the rule is needed to achieve the general goals and specific objectives stated under (a) of this subsection, and analyze alternatives to rule making and the consequences of not adopting the rule;
(c) Provide notification in the notice of proposed rule
making under RCW 34.05.320 that a preliminary cost-benefit
analysis is available. The preliminary cost-benefit analysis
must fulfill the requirements of the cost-benefit analysis
under (d) of this subsection. If the agency files a supplemental notice under RCW 34.05.340, the supplemental notice
shall include notification that a revised preliminary cost-benefit analysis is available. A final cost-benefit analysis shall
be available when the rule is adopted under RCW 34.05.360;
(d) Determine that the probable benefits of the rule are
greater than its probable costs, taking into account both the
qualitative and quantitative benefits and costs and the specific directives of the statute being implemented;
(e) Determine, after considering alternative versions of
the rule and the analysis required under (b), (c), and (d) of this
subsection, that the rule being adopted is the least burdensome alternative for those required to comply with it that will
achieve the general goals and specific objectives stated under
(a) of this subsection;
(f) Determine that the rule does not require those to
whom it applies to take an action that violates requirements
of another federal or state law;
(g) Determine that the rule does not impose more stringent performance requirements on private entities than on
public entities unless required to do so by federal or state law;
(h) Determine if the rule differs from any federal regulation or statute applicable to the same activity or subject matter and, if so, determine that the difference is justified by the
following:
(i) A state statute that explicitly allows the agency to differ from federal standards; or
(ii) Substantial evidence that the difference is necessary
to achieve the general goals and specific objectives stated
under (a) of this subsection; and
(i) Coordinate the rule, to the maximum extent practicable, with other federal, state, and local laws applicable to the
same activity or subject matter.
(2) In making its determinations pursuant to subsection
(1)(b) through (h) of this section, the agency shall place in the
rule-making file documentation of sufficient quantity and
34.05.328
[Title 34 RCW—page 11]
34.05.328
Title 34 RCW: Administrative Law
quality so as to persuade a reasonable person that the determinations are justified.
(3) Before adopting rules described in subsection (5) of
this section, an agency shall place in the rule-making file a
rule implementation plan for rules filed under each adopting
order. The plan shall describe how the agency intends to:
(a) Implement and enforce the rule, including a description of the resources the agency intends to use;
(b) Inform and educate affected persons about the rule;
(c) Promote and assist voluntary compliance; and
(d) Evaluate whether the rule achieves the purpose for
which it was adopted, including, to the maximum extent
practicable, the use of interim milestones to assess progress
and the use of objectively measurable outcomes.
(4) After adopting a rule described in subsection (5) of
this section regulating the same activity or subject matter as
another provision of federal or state law, an agency shall do
all of the following:
(a) Coordinate implementation and enforcement of the
rule with the other federal and state entities regulating the
same activity or subject matter by making every effort to do
one or more of the following:
(i) Deferring to the other entity;
(ii) Designating a lead agency; or
(iii) Entering into an agreement with the other entities
specifying how the agency and entities will coordinate implementation and enforcement.
If the agency is unable to comply with this subsection
(4)(a), the agency shall report to the legislature pursuant to
(b) of this subsection;
(b) Report to the joint administrative rules review committee:
(i) The existence of any overlap or duplication of other
federal or state laws, any differences from federal law, and
any known overlap, duplication, or conflict with local laws;
and
(ii) Make recommendations for any legislation that may
be necessary to eliminate or mitigate any adverse effects of
such overlap, duplication, or difference.
(5)(a) Except as provided in (b) of this subsection, this
section applies to:
(i) Significant legislative rules of the departments of
ecology, labor and industries, health, revenue, social and
health services, and natural resources, the employment security department, the forest practices board, the office of the
insurance commissioner, and to the legislative rules of the
department of fish and wildlife implementing chapter 77.55
RCW; and
(ii) Any rule of any agency, if this section is voluntarily
made applicable to the rule by the agency, or is made applicable to the rule by a majority vote of the joint administrative
rules review committee within forty-five days of receiving
the notice of proposed rule making under RCW 34.05.320.
(b) This section does not apply to:
(i) Emergency rules adopted under RCW 34.05.350;
(ii) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment
party;
(iii) Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies,
[Title 34 RCW—page 12]
shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by
Washington state law, national consensus codes that generally establish industry standards, if the material adopted or
incorporated regulates the same subject matter and conduct
as the adopting or incorporating rule;
(iv) Rules that only correct typographical errors, make
address or name changes, or clarify language of a rule without changing its effect;
(v) Rules the content of which is explicitly and specifically dictated by statute;
(vi) Rules that set or adjust fees or rates pursuant to legislative standards;
(vii) Rules of the department of social and health services relating only to client medical or financial eligibility
and rules concerning liability for care of dependents; or
(viii) Rules of the department of revenue that adopt a
uniform expiration date for reseller permits as authorized in
RCW 82.32.780 and 82.32.783.
(c) For purposes of this subsection:
(i) A "procedural rule" is a rule that adopts, amends, or
repeals (A) any procedure, practice, or requirement relating
to any agency hearings; (B) any filing or related process
requirement for making application to an agency for a license
or permit; or (C) any policy statement pertaining to the consistent internal operations of an agency.
(ii) An "interpretive rule" is a rule, the violation of which
does not subject a person to a penalty or sanction, that sets
forth the agency’s interpretation of statutory provisions it
administers.
(iii) A "significant legislative rule" is a rule other than a
procedural or interpretive rule that (A) adopts substantive
provisions of law pursuant to delegated legislative authority,
the violation of which subjects a violator of such rule to a
penalty or sanction; (B) establishes, alters, or revokes any
qualification or standard for the issuance, suspension, or
revocation of a license or permit; or (C) adopts a new, or
makes significant amendments to, a policy or regulatory program.
(d) In the notice of proposed rule making under RCW
34.05.320, an agency shall state whether this section applies
to the proposed rule pursuant to (a)(i) of this subsection, or if
the agency will apply this section voluntarily.
(6) By January 31, 1996, and by January 31st of each
even-numbered year thereafter, the office of financial management, after consulting with state agencies, counties, and
cities, and business, labor, and environmental organizations,
shall report to the governor and the legislature regarding the
effects of this section on the regulatory system in this state.
The report shall document:
(a) The rules proposed to which this section applied and
to the extent possible, how compliance with this section
affected the substance of the rule, if any, that the agency ultimately adopted;
(b) The costs incurred by state agencies in complying
with this section;
(c) Any legal action maintained based upon the alleged
failure of any agency to comply with this section, the costs to
the state of such action, and the result;
(2010 Ed.)
Administrative Procedure Act
(d) The extent to which this section has adversely
affected the capacity of agencies to fulfill their legislatively
prescribed mission;
(e) The extent to which this section has improved the
acceptability of state rules to those regulated; and
(f) Any other information considered by the office of
financial management to be useful in evaluating the effect of
this section. [2010 c 112 § 15. Prior: 2003 c 165 § 2; 2003
c 39 § 13; 1997 c 430 § 1; 1995 c 403 § 201.]
Effective date—2010 c 112 §§ 2, 3, 11, 12, and 15: See note following
RCW 82.32.780.
Retroactive application—2010 c 112: See note following RCW
82.32.780.
Findings—Short title—Intent—1995 c 403: "(1) The legislature finds
that:
(a) One of its fundamental responsibilities, to the benefit of all the citizens of the state, is the protection of public health and safety, including
health and safety in the workplace, and the preservation of the extraordinary
natural environment with which Washington is endowed;
(b) Essential to this mission is the delegation of authority to state agencies to implement the policies established by the legislature; and that the
adoption of administrative rules by these agencies helps assure that these
policies are clearly understood, fairly applied, and uniformly enforced;
(c) Despite its importance, Washington’s regulatory system must not
impose excessive, unreasonable, or unnecessary obligations; to do so serves
only to discredit government, makes enforcement of essential regulations
more difficult, and detrimentally affects the economy of the state and the
well-being of our citizens.
(2) The legislature therefore enacts chapter 403, Laws of 1995, to be
known as the regulatory reform act of 1995, to ensure that the citizens and
environment of this state receive the highest level of protection, in an effective and efficient manner, without stifling legitimate activities and responsible economic growth. To that end, it is the intent of the legislature, in the
adoption of chapter 403, Laws of 1995, that:
(a) Unless otherwise authorized, substantial policy decisions affecting
the public be made by those directly accountable to the public, namely the
legislature, and that state agencies not use their administrative authority to
create or amend regulatory programs;
(b) When an agency is authorized to adopt rules imposing obligations
on the public, that it do so responsibly: The rules it adopts should be justified
and reasonable, with the agency having determined, based on common sense
criteria established by the legislature, that the obligations imposed are truly
in the public interest;
(c) Governments at all levels better coordinate their regulatory efforts
to avoid confusing and frustrating the public with overlapping or contradictory requirements;
(d) The public respect the process whereby administrative rules are
adopted, whether or not they agree with the result: Members of the public
affected by administrative rules must have the opportunity for a meaningful
role in their development; the bases for agency action must be legitimate and
clearly articulated;
(e) Members of the public have adequate opportunity to challenge
administrative rules with which they have legitimate concerns through
meaningful review of the rule by the executive, the legislature, and the judiciary. While it is the intent of the legislature that upon judicial review of a
rule, a court should not substitute its judgment for that of an administrative
agency, the court should determine whether the agency decision making was
rigorous and deliberative; whether the agency reached its result through a
process of reason; and whether the agency took a hard look at the rule before
its adoption;
(f) In order to achieve greater compliance with administrative rules at
less cost, that a cooperative partnership exist between agencies and regulated
parties that emphasizes education and assistance before the imposition of
penalties; and
(g) Workplace safety and health in this state not be diminished,
whether provided by constitution, by statute, or by rule." [1995 c 403 § 1.]
Expedited adoption: RCW 34.05.353.
Additional notes found at www.leg.wa.gov
34.05.330 Petition for adoption, amendment,
repeal—Agency action—Appeal. (1) Any person may peti34.05.330
(2010 Ed.)
34.05.330
tion an agency requesting the adoption, amendment, or repeal
of any rule. The office of financial management shall prescribe by rule the format for such petitions and the procedure
for their submission, consideration, and disposition and provide a standard form that may be used to petition any agency.
Within sixty days after submission of a petition, the agency
shall either (a) deny the petition in writing, stating (i) its reasons for the denial, specifically addressing the concerns
raised by the petitioner, and, where appropriate, (ii) the alternative means by which it will address the concerns raised by
the petitioner, or (b) initiate rule-making proceedings in
accordance with RCW 34.05.320.
(2) If an agency denies a petition to repeal or amend a
rule submitted under subsection (1) of this section, and the
petition alleges that the rule is not within the intent of the legislature or was not adopted in accordance with all applicable
provisions of law, the person may petition for review of the
rule by the joint administrative rules review committee under
RCW 34.05.655.
(3) If an agency denies a petition to repeal or amend a
rule submitted under subsection (1) of this section, the petitioner, within thirty days of the denial, may appeal the denial
to the governor. The governor shall immediately file notice of
the appeal with the code reviser for publication in the Washington state register. Within forty-five days after receiving
the appeal, the governor shall either (a) deny the petition in
writing, stating (i) his or her reasons for the denial, specifically addressing the concerns raised by the petitioner, and,
(ii) where appropriate, the alternative means by which he or
she will address the concerns raised by the petitioner; (b) for
agencies listed in RCW 43.17.010, direct the agency to initiate rule-making proceedings in accordance with this chapter; or (c) for agencies not listed in RCW 43.17.010, recommend that the agency initiate rule-making proceedings in
accordance with this chapter. The governor’s response to the
appeal shall be published in the Washington state register and
copies shall be submitted to the chief clerk of the house of
representatives and the secretary of the senate.
(4) In petitioning for repeal or amendment of a rule
under this section, a person is encouraged to address, among
other concerns:
(a) Whether the rule is authorized;
(b) Whether the rule is needed;
(c) Whether the rule conflicts with or duplicates other
federal, state, or local laws;
(d) Whether alternatives to the rule exist that will serve
the same purpose at less cost;
(e) Whether the rule applies differently to public and private entities;
(f) Whether the rule serves the purposes for which it was
adopted;
(g) Whether the costs imposed by the rule are unreasonable;
(h) Whether the rule is clearly and simply stated;
(i) Whether the rule is different than a federal law applicable to the same activity or subject matter without adequate
justification; and
(j) Whether the rule was adopted according to all applicable provisions of law.
(5) The *department of community, trade, and economic
development and the office of financial management shall
[Title 34 RCW—page 13]
34.05.335
Title 34 RCW: Administrative Law
coordinate efforts among agencies to inform the public about
the existence of this rules review process.
(6) The office of financial management shall initiate the
rule making required by subsection (1) of this section by September 1, 1995. [1998 c 280 § 5; 1996 c 318 § 1; 1995 c 403
§ 703; 1988 c 288 § 305; 1967 c 237 § 5; 1959 c 234 § 6. Formerly RCW 34.04.060.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
34.05.335 Withdrawal of proposal—Time and manner of adoption. (1) A proposed rule may be withdrawn by
the proposing agency at any time before adoption. A withdrawn rule may not be adopted unless it is again proposed in
accordance with RCW 34.05.320.
(2) Before adopting a rule, an agency shall consider the
written and oral submissions, or any memorandum summarizing oral submissions.
(3) Rules not adopted and filed with the code reviser
within one hundred eighty days after publication of the text as
last proposed in the register shall be regarded as withdrawn.
An agency may not thereafter adopt the proposed rule without refiling it in accordance with RCW 34.05.320. The code
reviser shall give notice of the withdrawal in the register.
(4) An agency may not adopt a rule before the time
established in the published notice, or such later time established on the record or by publication in the state register.
[1989 c 175 § 8; 1988 c 288 § 306; 1980 c 186 § 11. Formerly
RCW 34.04.048.]
34.05.335
Additional notes found at www.leg.wa.gov
34.05.340 Variance between proposed and final rule.
(1) Unless it complies with subsection (3) of this section, an
agency may not adopt a rule that is substantially different
from the rule proposed in the published notice of proposed
rule adoption or a supplemental notice in the proceeding. If
an agency contemplates making a substantial variance from a
proposed rule described in a published notice, it may file a
supplemental notice with the code reviser meeting the
requirements of RCW 34.05.320 and reopen the proceedings
for public comment on the proposed variance, or the agency
may withdraw the proposed rule and commence a new rulemaking proceeding to adopt a substantially different rule. If a
new rule-making proceeding is commenced, relevant public
comment received regarding the initial proposed rule shall be
considered in the new proceeding.
(2) The following factors shall be considered in determining whether an adopted rule is substantially different
from the proposed rule on which it is based:
(a) The extent to which a reasonable person affected by
the adopted rule would have understood that the published
proposed rule would affect his or her interests;
(b) The extent to which the subject of the adopted rule or
the issues determined in it are substantially different from the
subject or issues involved in the published proposed rule; and
(c) The extent to which the effects of the adopted rule
differ from the effects of the published proposed rule.
(3) If the agency, without filing a supplemental notice
under subsection (1) of this section, adopts a rule that varies
in content from the proposed rule, the general subject matter
of the adopted rule must remain the same as the proposed
rule. The agency shall briefly describe any changes, other
than editing changes, and the principal reasons for adopting
the changes. The brief description shall be filed with the code
reviser together with the order of adoption for publication in
the state register. Within sixty days of publication of the
adopted rule in the state register, any interested person may
petition the agency to amend any portion of the adopted rule
that is substantially different from the proposed rule. The
petition shall briefly demonstrate how the adopted rule is
substantially different from the proposed rule and shall contain the text of the petitioner’s proposed amendment. For purposes of the petition, an adopted rule is substantially different
if the issues determined in the adopted rule differ from the
issues determined in the proposed rule or the anticipated
effects of the adopted rule differ from those of the proposed
rule. If the petition meets the requirements of this subsection
and RCW 34.05.330, the agency shall initiate rule-making
proceedings upon the proposed amendments within the time
provided in RCW 34.05.330. [1989 c 175 § 9; 1988 c 288 §
307.]
Additional notes found at www.leg.wa.gov
34.05.345 Failure to give twenty days notice of
intended action—Effect. Except for emergency rules
adopted under RCW 34.05.350, when twenty days notice of
intended action to adopt, amend, or repeal a rule has not been
published in the state register, as required by RCW
34.05.320, the code reviser shall not publish such rule and
such rule shall not be effective for any purpose. [1988 c 288
§ 308; 1967 c 237 § 4. Formerly RCW 34.04.027.]
34.05.345
34.05.340
[Title 34 RCW—page 14]
34.05.350 Emergency rules and amendments. (1) If
an agency for good cause finds:
(a) That immediate adoption, amendment, or repeal of a
rule is necessary for the preservation of the public health,
safety, or general welfare, and that observing the time
requirements of notice and opportunity to comment upon
adoption of a permanent rule would be contrary to the public
interest;
(b) That state or federal law or federal rule or a federal
deadline for state receipt of federal funds requires immediate
adoption of a rule; or
(c) In order to implement the requirements or reductions
in appropriations enacted in any budget for fiscal years 2009,
2010, or 2011, which necessitates the need for the immediate
adoption, amendment, or repeal of a rule, and that observing
the time requirements of notice and opportunity to comment
upon adoption of a permanent rule would be contrary to the
fiscal needs or requirements of the agency,
the agency may dispense with those requirements and adopt,
amend, or repeal the rule on an emergency basis. The
agency’s finding and a concise statement of the reasons for its
finding shall be incorporated in the order for adoption of the
emergency rule or amendment filed with the office of the
code reviser under RCW 34.05.380 and with the rules review
committee.
34.05.350
(2010 Ed.)
Administrative Procedure Act
34.05.353
(2) An emergency rule adopted under this section takes
effect upon filing with the code reviser, unless a later date is
specified in the order of adoption, and may not remain in
effect for longer than one hundred twenty days after filing.
Identical or substantially similar emergency rules may not be
adopted in sequence unless conditions have changed or the
agency has filed notice of its intent to adopt the rule as a permanent rule, and is actively undertaking the appropriate procedures to adopt the rule as a permanent rule. This section
does not relieve any agency from compliance with any law
requiring that its permanent rules be approved by designated
persons or bodies before they become effective.
(3) Within seven days after the rule is adopted, any person may petition the governor requesting the immediate
repeal of a rule adopted on an emergency basis by any department listed in RCW 43.17.010. Within seven days after submission of the petition, the governor shall either deny the
petition in writing, stating his or her reasons for the denial, or
order the immediate repeal of the rule. In ruling on the petition, the governor shall consider only whether the conditions
in subsection (1) of this section were met such that adoption
of the rule on an emergency basis was necessary. If the governor orders the repeal of the emergency rule, any sanction
imposed based on that rule is void. This subsection shall not
be construed to prohibit adoption of any rule as a permanent
rule. [2009 c 559 § 1; 1994 c 249 § 3; 1989 c 175 § 10; 1988
c 288 § 309; 1981 c 324 § 4; 1977 ex.s. c 240 § 8; 1959 c 234
§ 3. Formerly RCW 34.04.030.]
(2) An agency may file notice for the expedited repeal of
rules under the procedures set forth in this section for rules
meeting any one of the following criteria:
(a) The statute on which the rule is based has been
repealed and has not been replaced by another statute providing statutory authority for the rule;
(b) The statute on which the rule is based has been
declared unconstitutional by a court with jurisdiction, there is
a final judgment, and no statute has been enacted to replace
the unconstitutional statute;
(c) The rule is no longer necessary because of changed
circumstances; or
(d) Other rules of the agency or of another agency govern
the same activity as the rule, making the rule redundant.
(3) The expedited rule-making process must follow the
requirements for rule making set forth in RCW 34.05.320,
except that the agency is not required to prepare a small business economic impact statement under RCW 19.85.025, a
statement indicating whether the rule constitutes a significant
legislative rule under RCW 34.05.328(5)(c)(iii), or a significant legislative rule analysis under RCW 34.05.328. An
agency is not required to prepare statements of inquiry under
RCW 34.05.310 or conduct a hearing for the expedited rule
making. The notice for the expedited rule making must contain a statement in at least ten-point type, that is substantially
in the following form:
Effective date—2009 c 559: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 19, 2009]." [2009 c 559 § 2.]
THIS RULE IS BEING PROPOSED UNDER
AN EXPEDITED RULE-MAKING PROCESS
THAT WILL ELIMINATE THE NEED FOR THE
AGENCY TO HOLD PUBLIC HEARINGS, PREPA RE A SMALL BUS I NESS EC ONOM IC
IMPACT STATEMENT, OR PROVIDE
RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU
OBJECT TO THIS USE OF THE EXPEDITED
RULE-MAKING PROCESS, YOU MUST
EXPRESS YOUR OBJECTIONS IN WRITING
AND THEY MUST BE SENT TO (INSERT
NAME AND ADDRESS) AND RECEIVED BY
(INSERT DATE).
Additional notes found at www.leg.wa.gov
34.05.353 Expedited rule making. (1) An agency may
file notice for the expedited adoption of rules in accordance
with the procedures set forth in this section for rules meeting
any one of the following criteria:
(a) The proposed rules relate only to internal governmental operations that are not subject to violation by a person;
(b) The proposed rules adopt or incorporate by reference
without material change federal statutes or regulations,
Washington state statutes, rules of other Washington state
agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as
referenced by Washington state law, national consensus
codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter
and conduct as the adopting or incorporating rule;
(c) The proposed rules only correct typographical errors,
make address or name changes, or clarify language of a rule
without changing its effect;
(d) The content of the proposed rules is explicitly and
specifically dictated by statute;
(e) The proposed rules have been the subject of negotiated rule making, pilot rule making, or some other process
that involved substantial participation by interested parties
before the development of the proposed rule; or
(f) The proposed rule is being amended after a review
under RCW 34.05.328.
34.05.353
(2010 Ed.)
NOTICE
(4) The agency shall send either a copy of the notice of
the proposed expedited rule making, or a summary of the
information on the notice, to any person who has requested
notification of proposals for expedited rule making or of regular agency rule making, as well as the joint administrative
rules review committee, within three days after its publication in the Washington State Register. An agency may
charge for the actual cost of providing a requesting party
mailed copies of these notices. The notice of the proposed
expedited rule making must be preceded by a statement substantially in the form provided in subsection (3) of this section. The notice must also include an explanation of the reasons the agency believes the expedited rule-making process
is appropriate.
(5) The code reviser shall publish the text of all rules proposed for expedited adoption, and the citation and caption of
all rules proposed for expedited repeal, along with the notice
required in this section in a separate section of the Washing[Title 34 RCW—page 15]
34.05.360
Title 34 RCW: Administrative Law
ton State Register. Once the notice of expedited rule making
has been published in the Washington State Register, the only
changes that an agency may make in the noticed materials
before their final adoption or repeal are to correct typographical errors.
(6) Any person may file a written objection to the expedited rule making. The objection must be filed with the
agency rules coordinator within forty-five days after the
notice of the proposed expedited rule making has been published in the Washington State Register. A person who has
filed a written objection to the expedited rule making may
withdraw the objection.
(7) If no written objections to the expedited rule making
are filed with the agency within forty-five days after the
notice of proposed expedited rule making is published, or if
all objections that have been filed are withdrawn by the persons filing the objections, the agency may enter an order
adopting or repealing the rule without further notice or a public hearing. The order must be published in the manner
required by this chapter for any other agency order adopting,
amending, or repealing a rule.
(8) If a written notice of objection to the expedited rule
making is timely filed with the agency and is not withdrawn,
the notice of proposed expedited rule making published
under this section is considered a statement of inquiry for the
purposes of RCW 34.05.310, and the agency may initiate further rule-making proceedings in accordance with this chapter.
(9) As used in this section, "expedited rule making"
includes both the expedited adoption of rules and the expedited repeal of rules. [2004 c 31 § 4; 2001 c 25 § 2.]
34.05.360 Order adopting rule, contents. The order of
adoption by which each rule is adopted by an agency shall
contain all of the following:
(1) The date the agency adopted the rule;
(2) A concise statement of the purpose of the rule;
(3) A reference to all rules repealed, amended, or suspended by the rule;
(4) A reference to the specific statutory or other authority
authorizing adoption of the rule;
(5) Any findings required by any provision of law as a
precondition to adoption or effectiveness of the rule; and
(6) The effective date of the rule if other than that specified in RCW 34.05.380(2). [1988 c 288 § 311.]
34.05.360
34.05.362 Postadoption notice. Either before or within
two hundred days after the effective date of an adopted rule
that imposes additional requirements on businesses the violation of which subjects the business to a penalty, assessment,
or administrative sanction, an agency identified in RCW
34.05.220(6) shall notify businesses affected by the rule of
the requirements of the rule and how to obtain technical assistance to comply. Notification must be provided by e-mail, if
possible, to every person identified to receive the postadoption notice under RCW 34.05.220(6).
The notification must announce the rule change, briefly
summarize the rule change, refer to appeal procedures under
RCW 34.05.330, and include a contact for more information.
Failure to notify a specific business under this section does
34.05.362
[Title 34 RCW—page 16]
not invalidate a rule or waive the requirement to comply with
the rule. The requirements of this section do not apply to
emergency rules adopted under RCW 34.05.350. [2003 c
246 § 3.]
Finding—2003 c 246: "The legislature finds that many businesses in
the state are frustrated by the complexity of the regulatory system. The
Washington Administrative Code containing agency rules now fills twelve
volumes, and appears to be growing each year. While the vast majority of
businesses make a good faith attempt to comply with applicable laws and
rules, many find it extremely difficult to keep up with agencies’ issuance of
new rules and requirements. Therefore, state agencies are directed to make
a good faith attempt to notify businesses affected by rule changes that may
subject noncomplying businesses to penalties." [2003 c 246 § 1.]
34.05.365 Incorporation by reference. An agency
may incorporate by reference and without publishing the
incorporated matter in full, all or any part of a code, standard,
rule, or regulation that has been adopted by an agency of the
United States, of this state, or of another state, by a political
subdivision of this state, or by a generally recognized organization or association if incorporation of the full text in the
agency rules would be unduly cumbersome, expensive, or
otherwise inexpedient. The reference in agency rules shall
fully identify the incorporated matter. An agency may incorporate by reference such matter in its rules only if the agency,
organization, or association originally issuing that matter
makes copies readily available to the public. The incorporating agency shall have, maintain, and make available for public inspection a copy of the incorporated matter. The rule
must state where copies of the incorporated matter are available. [1988 c 288 § 312.]
34.05.365
34.05.370 Rule-making file. (1) Each agency shall
maintain an official rule-making file for each rule that it (a)
proposes by publication in the state register, or (b) adopts.
The file and materials incorporated by reference shall be
available for public inspection.
(2) The agency rule-making file shall contain all of the
following:
(a) A list of citations to all notices in the state register
with respect to the rule or the proceeding upon which the rule
is based;
(b) Copies of any portions of the agency’s public rulemaking docket containing entries relating to the rule or the
proceeding on which the rule is based;
(c) All written petitions, requests, submissions, and comments received by the agency and all other written material
regarded by the agency as important to adoption of the rule or
the proceeding on which the rule is based;
(d) Any official transcript of oral presentations made in
the proceeding on which the rule is based or, if not transcribed, any tape recording or stenographic record of them,
and any memorandum prepared by a presiding official summarizing the contents of those presentations;
(e) All petitions for exceptions to, amendment of, or
repeal or suspension of, the rule;
(f) Citations to data, factual information, studies, or
reports on which the agency relies in the adoption of the rule,
indicating where such data, factual information, studies, or
reports are available for review by the public, but this subsection (2)(f) does not require the agency to include in the rulemaking file any data, factual information, studies, or reports
34.05.370
(2010 Ed.)
Administrative Procedure Act
gathered pursuant to chapter 19.85 RCW or RCW 34.05.328
that can be identified to a particular business;
(g) The concise explanatory statement required by RCW
34.05.325(6); and
(h) Any other material placed in the file by the agency.
(3) Internal agency documents are exempt from inclusion in the rule-making file under subsection (2) of this section to the extent they constitute preliminary drafts, notes,
recommendations, and intra-agency memoranda in which
opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from
inclusion when it is publicly cited by an agency in connection
with its decision.
(4) Upon judicial review, the file required by this section
constitutes the official agency rule-making file with respect
to that rule. Unless otherwise required by another provision
of law, the official agency rule-making file need not be the
exclusive basis for agency action on that rule. [1998 c 280 §
7; 1996 c 102 § 2; 1995 c 403 § 801; 1994 c 249 § 2; 1988 c
288 § 313.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
34.05.375 Substantial compliance with procedures.
No rule proposed after July 1, 1989, is valid unless it is
adopted in substantial compliance with RCW 34.05.310
through 34.05.395. Inadvertent failure to mail notice of a proposed rule adoption to any person as required by RCW
34.05.320(3) does not invalidate a rule. No action based upon
this section may be maintained to contest the validity of any
rule unless it is commenced within two years after the effective date of the rule. [1988 c 288 § 314.]
34.05.375
34.05.380 Filing with code reviser—Written
record—Effective dates. (1) Each agency shall file in the
office of the code reviser a certified copy of all rules it adopts,
except for rules contained in tariffs filed with or published by
the Washington utilities and transportation commission. The
code reviser shall place upon each rule a notation of the time
and date of filing and shall keep a permanent written record
of filed rules open to public inspection. In filing a rule, each
agency shall use the standard form prescribed for this purpose by the code reviser.
(2) Emergency rules adopted under RCW 34.05.350
become effective upon filing unless a later date is specified in
the order of adoption. All other rules become effective upon
the expiration of thirty days after the date of filing, unless a
later date is required by statute or specified in the order of
adoption.
(3) A rule may become effective immediately upon its
filing with the code reviser or on any subsequent date earlier
than that established by subsection (2) of this section, if the
agency establishes that effective date in the adopting order
and finds that:
(a) Such action is required by the state or federal Constitution, a statute, or court order;
(b) The rule only delays the effective date of another rule
that is not yet effective; or
(c) The earlier effective date is necessary because of
imminent peril to the public health, safety, or welfare.
34.05.395
The finding and a brief statement of the reasons therefor
required by this subsection shall be made a part of the order
adopting the rule.
(4) With respect to a rule made effective pursuant to subsection (3) of this section, each agency shall make reasonable
efforts to make the effective date known to persons who may
be affected by it. [2007 c 456 § 5; 1989 c 175 § 11; 1988 c
288 § 315; 1987 c 505 § 17; 1980 c 87 § 11; 1959 c 234 § 4.
Formerly RCW 34.04.040.]
Additional notes found at www.leg.wa.gov
34.05.385 Rules for rule making. The code reviser
may adopt rules for carrying out the provisions of this chapter
relating to the filing and publication of rules and notices of
intention to adopt rules, including the form and style to be
employed by the various agencies in the drafting of such rules
and notices. [1988 c 288 § 316; 1967 c 237 § 13. Formerly
RCW 34.04.055.]
34.05.385
34.05.390 Style, format, and numbering—Agency
compliance. After the rules of an agency have been published by the code reviser:
(1) All agency orders amending or rescinding such rules,
or creating new rules, shall be formulated in accordance with
the style, format, and numbering system of the Washington
Administrative Code;
(2) Any subsequent printing or reprinting of such rules
shall be printed in the style and format (including the numbering system) of such code; and
(3) Amendments of previously adopted rules shall incorporate any editorial corrections made by the code reviser.
[1988 c 288 § 317; 1967 c 237 § 14. Formerly RCW
34.04.057.]
34.05.390
34.05.380
(2010 Ed.)
34.05.395 Format and style of amendatory and new
sections—Failure to comply. (1) Rules proposed or adopted
by an agency pursuant to this chapter that amend existing sections of the administrative code shall have the words which
are amendatory to such existing sections underlined. Any
matter to be deleted from an existing section shall be indicated by setting such matter forth in full, enclosed by double
parentheses, and such deleted matter shall be lined out with
hyphens. A new section shall be designated "NEW SECTION" in upper case type and such designation shall be
underlined, but the complete text of the section shall not be
underlined. No rule may be forwarded by any agency to the
code reviser, nor may the code reviser accept for filing any
rule unless the format of such rule is in compliance with the
provisions of this section.
(2) Once the rule has been formally adopted by the
agency the code reviser need not, except with regard to the
register published pursuant to RCW 34.05.210(3), include
the items enumerated in subsection (1) of this section in the
official code.
(3) Any addition to or deletion from an existing code
section not filed by the agency in the style prescribed by subsection (1) of this section shall in all respects be ineffectual,
and shall not be shown in subsequent publications or codifications of that section unless the ineffectual portion of the
rule is clearly distinguished and an explanatory note is
34.05.395
[Title 34 RCW—page 17]
34.05.410
Title 34 RCW: Administrative Law
appended thereto by the code reviser in accordance with
RCW 34.05.210. [1988 c 288 § 318; 1980 c 186 § 14; 1977
c 19 § 1. Formerly RCW 34.04.058.]
Additional notes found at www.leg.wa.gov
PART IV
ADJUDICATIVE PROCEEDINGS
34.05.410 Application of Part IV. (1) Adjudicative
proceedings are governed by RCW 34.05.413 through
34.05.476, except as otherwise provided:
(a) By a rule that adopts the procedures for brief adjudicative proceedings in accordance with the standards provided
in RCW 34.05.482 for those proceedings;
(b) By RCW 34.05.479 pertaining to emergency adjudicative proceedings; or
(c) By RCW 34.05.240 pertaining to declaratory proceedings.
(2) RCW 34.05.410 through 34.05.494 do not apply to
rule-making proceedings unless another statute expressly so
requires. [1988 c 288 § 401.]
34.05.410
34.05.413 Commencement—When required. (1)
Within the scope of its authority, an agency may commence
an adjudicative proceeding at any time with respect to a matter within the agency’s jurisdiction.
(2) When required by law or constitutional right, and
upon the timely application of any person, an agency shall
commence an adjudicative proceeding.
(3) An agency may provide forms for and, by rule, may
provide procedures for filing an application for an adjudicative proceeding. An agency may require by rule that an application be in writing and that it be filed at a specific address,
in a specified manner, and within specified time limits. The
agency shall allow at least twenty days to apply for an adjudicative proceeding from the time notice is given of the
opportunity to file such an application.
(4) If an agency is required to hold an adjudicative proceeding, an application for an agency to enter an order
includes an application for the agency to conduct appropriate
adjudicative proceedings, whether or not the applicant
expressly requests those proceedings.
(5) An adjudicative proceeding commences when the
agency or a presiding officer notifies a party that a prehearing
conference, hearing, or other stage of an adjudicative proceeding will be conducted. [1989 c 175 § 12; 1988 c 288 §
402.]
34.05.413
Additional notes found at www.leg.wa.gov
34.05.416 Decision not to conduct an adjudication. If
an agency decides not to conduct an adjudicative proceeding
in response to an application, the agency shall furnish the
applicant a copy of its decision in writing, with a brief statement of the agency’s reasons and of any administrative
review available to the applicant. [1988 c 288 § 403.]
34.05.416
34.05.419 Agency action on applications for adjudication. After receipt of an application for an adjudicative
proceeding, other than a declaratory order, an agency shall
proceed as follows:
34.05.419
[Title 34 RCW—page 18]
(1) Except in situations governed by subsection (2) or (3)
of this section, within ninety days after receipt of the application or of the response to a timely request made by the agency
under subsection (2) of this section, the agency shall do one
of the following:
(a) Approve or deny the application, in whole or in part,
on the basis of brief or emergency adjudicative proceedings,
if those proceedings are available under this chapter for disposition of the matter;
(b) Commence an adjudicative proceeding in accordance
with this chapter; or
(c) Dispose of the application in accordance with RCW
34.05.416;
(2) Within thirty days after receipt of the application, the
agency shall examine the application, notify the applicant of
any obvious errors or omissions, request any additional information the agency wishes to obtain and is permitted by law to
require, and notify the applicant of the name, mailing
address, and telephone number of an office that may be contacted regarding the application;
(3) If the application seeks relief that is not available
when the application is filed but may be available in the
future, the agency may proceed to make a determination of
eligibility within the time limits provided in subsection (1) of
this section. If the agency determines that the applicant is eligible, the agency shall maintain the application on the
agency’s list of eligible applicants as provided by law and,
upon request, shall notify the applicant of the status of the
application. [1988 c 288 § 404.]
34.05.422 Rate changes, licenses. (1) Unless otherwise
provided by law: (a) Applications for rate changes and
uncontested applications for licenses may, in the agency’s
discretion, be conducted as adjudicative proceedings; (b)
applications for licenses that are contested by a person having
standing to contest under the law and review of denials of
applications for licenses or rate changes shall be conducted as
adjudicative proceedings; and (c) an agency may not revoke,
suspend, or modify a license unless the agency gives notice
of an opportunity for an appropriate adjudicative proceeding
in accordance with this chapter or other statute.
(2) An agency with authority to grant or deny a professional or occupational license shall notify an applicant for a
new or renewal license not later than twenty days prior to the
date of the examination required for that license of any
grounds for denial of the license which are based on specific
information disclosed in the application submitted to the
agency. The agency shall notify the applicant either that the
license is denied or that the decision to grant or deny the
license will be made at a future date. If the agency fails to
give the notification prior to the examination and the applicant is denied licensure, the examination fee shall be
refunded to the applicant. If the applicant takes the examination, the agency shall notify the applicant of the result.
(3) When a licensee has made timely and sufficient
application for the renewal of a license or a new license with
reference to any activity of a continuing nature, an existing
full, temporary, or provisional license does not expire until
the application has been finally determined by the agency,
and, in case the application is denied or the terms of the new
license limited, until the last day for seeking review of the
34.05.422
(2010 Ed.)
Administrative Procedure Act
agency order or a later date fixed by order of the reviewing
court.
(4) If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension
of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly
instituted and determined. [1989 c 175 § 13; 1988 c 288 §
405; 1980 c 33 § 1; 1967 c 237 § 8. Formerly RCW
34.04.170.]
Additional notes found at www.leg.wa.gov
34.05.425 Presiding officers—Disqualification, substitution. (1) Except as provided in subsection (2) of this
section, in the discretion of the agency head, the presiding
officer in an administrative hearing shall be:
(a) The agency head or one or more members of the
agency head;
(b) If the agency has statutory authority to do so, a person other than the agency head or an administrative law judge
designated by the agency head to make the final decision and
enter the final order; or
(c) One or more administrative law judges assigned by
the office of administrative hearings in accordance with
chapter 34.12 RCW.
(2) An agency expressly exempted under RCW
34.12.020(4) or other statute from the provisions of chapter
34.12 RCW or an institution of higher education shall designate a presiding officer as provided by rules adopted by the
agency.
(3) Any individual serving or designated to serve alone
or with others as presiding officer is subject to disqualification for bias, prejudice, interest, or any other cause provided
in this chapter or for which a judge is disqualified.
(4) Any party may petition for the disqualification of an
individual promptly after receipt of notice indicating that the
individual will preside or, if later, promptly upon discovering
facts establishing grounds for disqualification.
(5) The individual whose disqualification is requested
shall determine whether to grant the petition, stating facts and
reasons for the determination.
(6) When the presiding officer is an administrative law
judge, the provisions of this section regarding disqualification for cause are in addition to the motion of prejudice available under RCW 34.12.050.
(7) If a substitute is required for an individual who
becomes unavailable as a result of disqualification or any
other reason, the substitute must be appointed by the appropriate appointing authority.
(8) Any action taken by a duly appointed substitute for
an unavailable individual is as effective as if taken by the
unavailable individual. [1989 c 175 § 14; 1988 c 288 § 406.]
34.05.425
Additional notes found at www.leg.wa.gov
34.05.428 Representation. (1) A party to an adjudicative proceeding may participate personally or, if the party is a
corporation or other artificial person, by a duly authorized
representative.
(2) Whether or not participating in person, any party may
be advised and represented at the party’s own expense by
34.05.428
(2010 Ed.)
34.05.437
counsel or, if permitted by provision of law, other representative. [1989 c 175 § 15; 1988 c 288 § 407.]
Additional notes found at www.leg.wa.gov
34.05.431 Conference—Procedure and participation.
(1) Agencies may hold prehearing or other conferences for
the settlement or simplification of issues. Every agency shall
by rule describe the conditions under which and the manner
in which conferences are to be held.
(2) In the discretion of the presiding officer, and where
the rights of the parties will not be prejudiced thereby, all or
part of the conference may be conducted by telephone, television, or other electronic means. Each participant in the conference must have an opportunity to participate effectively in,
to hear, and, if technically and economically feasible, to see
the entire proceeding while it is taking place. [1988 c 288 §
408.]
34.05.431
34.05.434 Notice of hearing. (1) The agency or the
office of administrative hearings shall set the time and place
of the hearing and give not less than seven days advance written notice to all parties and to all persons who have filed written petitions to intervene in the matter.
(2) The notice shall include:
(a) Unless otherwise ordered by the presiding officer, the
names and mailing addresses of all parties to whom notice is
being given and, if known, the names and addresses of their
representatives;
(b) If the agency intends to appear, the mailing address
and telephone number of the office designated to represent
the agency in the proceeding;
(c) The official file or other reference number and the
name of the proceeding;
(d) The name, official title, mailing address, and telephone number of the presiding officer, if known;
(e) A statement of the time, place and nature of the proceeding;
(f) A statement of the legal authority and jurisdiction
under which the hearing is to be held;
(g) A reference to the particular sections of the statutes
and rules involved;
(h) A short and plain statement of the matters asserted by
the agency; and
(i) A statement that a party who fails to attend or participate in a hearing or other stage of an adjudicative proceeding
may be held in default in accordance with this chapter.
(3) If the agency is unable to state the matters required by
subsection (2)(h) of this section at the time the notice is
served, the initial notice may be limited to a statement of the
issues involved. If the proceeding is initiated by a person
other than the agency, the initial notice may be limited to the
inclusion of a copy of the initiating document. Thereafter,
upon request, a more definite and detailed statement shall be
furnished.
(4) The notice may include any other matters considered
desirable by the agency. [1988 c 288 § 409; 1980 c 31 § 1;
1967 c 237 § 9; 1959 c 234 § 9. Formerly RCW 34.04.090.]
34.05.434
34.05.437 Pleadings, briefs, motions, service. (1) The
presiding officer, at appropriate stages of the proceedings,
34.05.437
[Title 34 RCW—page 19]
34.05.440
Title 34 RCW: Administrative Law
shall give all parties full opportunity to submit and respond to
pleadings, motions, objections, and offers of settlement.
(2) At appropriate stages of the proceedings, the presiding officer may give all parties full opportunity to file briefs,
proposed findings of fact and conclusions of law, and proposed initial or final orders.
(3) A party that files a pleading, brief, or other paper with
the agency or presiding officer shall serve copies on all other
parties, unless a different procedure is specified by agency
rule. [1988 c 288 § 410.]
34.05.440 Default. (1) Failure of a party to file an application for an adjudicative proceeding within the time limit or
limits established by statute or agency rule constitutes a
default and results in the loss of that party’s right to an adjudicative proceeding, and the agency may proceed to resolve
the case without further notice to, or hearing for the benefit
of, that party, except that any default or other dispositive
order affecting that party shall be served upon him or her or
upon his or her attorney, if any.
(2) If a party fails to attend or participate in a hearing or
other stage of an adjudicative proceeding, other than failing
to timely request an adjudicative proceeding as set out in subsection (1) of this section, the presiding officer may serve
upon all parties a default or other dispositive order, which
shall include a statement of the grounds for the order.
(3) Within seven days after service of a default order
under subsection (2) of this section, or such longer period as
provided by agency rule, the party against whom it was
entered may file a written motion requesting that the order be
vacated, and stating the grounds relied upon. During the time
within which a party may file a written motion under this subsection, the presiding officer may adjourn the proceedings or
conduct them without the participation of that party, having
due regard for the interests of justice and the orderly and
prompt conduct of the proceedings. [1989 c 175 § 16; 1988 c
288 § 411.]
34.05.440
Additional notes found at www.leg.wa.gov
34.05.443 Intervention. (1) The presiding officer may
grant a petition for intervention at any time, upon determining that the petitioner qualifies as an intervenor under any
provision of law and that the intervention sought is in the
interests of justice and will not impair the orderly and prompt
conduct of the proceedings.
(2) If a petitioner qualifies for intervention, the presiding
officer may impose conditions upon the intervenor’s participation in the proceedings, either at the time that intervention
is granted or at any subsequent time. Conditions may include:
(a) Limiting the intervenor’s participation to designated
issues in which the intervenor has a particular interest demonstrated by the petition; and
(b) Limiting the intervenor’s use of discovery, crossexamination, and other procedures so as to promote the
orderly and prompt conduct of the proceedings; and
(c) Requiring two or more intervenors to combine their
presentations of evidence and argument, cross-examination,
discovery, and other participation in the proceedings.
(3) The presiding officer shall timely grant or deny each
pending petition for intervention, specifying any conditions,
34.05.443
[Title 34 RCW—page 20]
and briefly stating the reasons for the order. The presiding
officer may modify the order at any time, stating the reasons
for the modification. The presiding officer shall promptly
give notice of the decision granting, denying, or modifying
intervention to the petitioner for intervention and to all parties. [1988 c 288 § 412.]
34.05.446 Subpoenas, discovery, and protective
orders. (1) The presiding officer may issue subpoenas and
may enter protective orders. A subpoena may be issued with
like effect by the agency or the attorney of record in whose
behalf the witness is required to appear.
(2) An agency may by rule determine whether or not discovery is to be available in adjudicative proceedings and, if
so, which forms of discovery may be used.
(3) Except as otherwise provided by agency rules, the
presiding officer may decide whether to permit the taking of
depositions, the requesting of admissions, and all other procedures authorized by rules 26 through 36 of the superior
court civil rules. The presiding officer may condition use of
discovery on a showing of necessity and unavailability by
other means. In exercising such discretion, the presiding
officer shall consider: (a) Whether all parties are represented
by counsel; (b) whether undue expense or delay in bringing
the case to hearing will result; (c) whether the discovery will
promote the orderly and prompt conduct of the proceeding;
and (d) whether the interests of justice will be promoted.
(4) Discovery orders and protective orders entered under
this section may be enforced under the provisions of this
chapter on civil enforcement of agency action.
(5) Subpoenas issued under this section may be enforced
under RCW 34.05.588(1).
(6) The subpoena powers created by this section shall be
statewide in effect.
(7) Witnesses in an adjudicatory proceeding shall be paid
the same fees and allowances, in the same manner and under
the same conditions, as provided for witnesses in the courts
of this state by chapter 2.40 RCW and by RCW 5.56.010,
except that the agency shall have the power to fix the allowance for meals and lodging in like manner as is provided in
RCW 5.56.010 as to courts. The person initiating an adjudicative proceeding or the party requesting issuance of a subpoena shall pay the fees and allowances and the cost of producing records required to be produced by subpoena. [1989
c 175 § 17; 1988 c 288 § 413; 1967 c 237 § 10. Formerly
RCW 34.04.105.]
34.05.446
Additional notes found at www.leg.wa.gov
34.05.449 Procedure at hearing. (1) The presiding
officer shall regulate the course of the proceedings, in conformity with applicable rules and the prehearing order, if any.
(2) To the extent necessary for full disclosure of all relevant facts and issues, the presiding officer shall afford to all
parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention
or by the prehearing order.
(3) In the discretion of the presiding officer, and where
the rights of the parties will not be prejudiced thereby, all or
part of the hearing may be conducted by telephone, televi34.05.449
(2010 Ed.)
Administrative Procedure Act
sion, or other electronic means. Each party in the hearing
must have an opportunity to participate effectively in, to hear,
and, if technically and economically feasible, to see the entire
proceeding while it is taking place.
(4) The presiding officer shall cause the hearing to be
recorded by a method chosen by the agency. The agency is
not required, at its expense, to prepare a transcript, unless
required to do so by a provision of law. Any party, at the
party’s expense, may cause a reporter approved by the
agency to prepare a transcript from the agency’s record, or
cause additional recordings to be made during the hearing if
the making of the additional recording does not cause distraction or disruption.
(5) The hearing is open to public observation, except for
the parts that the presiding officer states to be closed under a
provision of law expressly authorizing closure or under a protective order entered by the presiding officer pursuant to
applicable rules. A presiding officer may order the exclusion
of witnesses upon a showing of good cause. To the extent that
the hearing is conducted by telephone, television, or other
electronic means, and is not closed, the availability of public
observation is satisfied by giving members of the public an
opportunity, at reasonable times, to hear or inspect the
agency’s record, and to inspect any transcript obtained by the
agency. [1989 c 175 § 18; 1988 c 288 § 414.]
Additional notes found at www.leg.wa.gov
34.05.452
34.05.452 Rules of evidence—Cross-examination.
(1) Evidence, including hearsay evidence, is admissible if in
the judgment of the presiding officer it is the kind of evidence
on which reasonably prudent persons are accustomed to rely
in the conduct of their affairs. The presiding officer shall
exclude evidence that is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The presiding officer may
exclude evidence that is irrelevant, immaterial, or unduly repetitious.
(2) If not inconsistent with subsection (1) of this section,
the presiding officer shall refer to the Washington Rules of
Evidence as guidelines for evidentiary rulings.
(3) All testimony of parties and witnesses shall be made
under oath or affirmation.
(4) Documentary evidence may be received in the form
of copies or excerpts, or by incorporation by reference.
(5) Official notice may be taken of (a) any judicially cognizable facts, (b) technical or scientific facts within the
agency’s specialized knowledge, and (c) codes or standards
that have been adopted by an agency of the United States, of
this state or of another state, or by a nationally recognized
organization or association. Parties shall be notified either
before or during hearing, or by reference in preliminary
reports or otherwise, of the material so noticed and the
sources thereof, including any staff memoranda and data, and
they shall be afforded an opportunity to contest the facts and
material so noticed. A party proposing that official notice be
taken may be required to produce a copy of the material to be
noticed. [1988 c 288 § 415; 1959 c 234 § 10. Formerly RCW
34.04.100.]
(2010 Ed.)
34.05.455
34.05.455 Ex parte communications. (1) A presiding
officer may not communicate, directly or indirectly, regarding any issue in the proceeding other than communications
necessary to procedural aspects of maintaining an orderly
process, with any person employed by the agency without
notice and opportunity for all parties to participate, except as
provided in this subsection:
(a) Where the ultimate legal authority of an agency is
vested in a multimember body, and where that body presides
at an adjudication, members of the body may communicate
with one another regarding the proceeding;
(b) Any presiding officer may receive aid from legal
counsel, or from staff assistants who are subject to the presiding officer’s supervision; and
(c) Presiding officers may communicate with other
employees or consultants of the agency who have not participated in the proceeding in any manner, and who are not
engaged in any investigative or prosecutorial functions in the
same or a factually related case.
(d) This subsection does not apply to communications
required for the disposition of ex parte matters specifically
authorized by statute.
(2) Unless required for the disposition of ex parte matters
specifically authorized by statute or unless necessary to procedural aspects of maintaining an orderly process, a presiding
officer may not communicate, directly or indirectly, regarding any issue in the proceeding, with any person not
employed by the agency who has a direct or indirect interest
in the outcome of the proceeding, without notice and opportunity for all parties to participate.
(3) Unless necessary to procedural aspects of maintaining an orderly process, persons to whom a presiding officer
may not communicate under subsections (1) and (2) of this
section may not communicate with presiding officers without
notice and opportunity for all parties to participate.
(4) If, before serving as presiding officer in an adjudicative proceeding, a person receives an ex parte communication
of a type that could not properly be received while serving,
the person, promptly after starting to serve, shall disclose the
communication in the manner prescribed in subsection (5) of
this section.
(5) A presiding officer who receives an ex parte communication in violation of this section shall place on the record
of the pending matter all written communications received,
all written responses to the communications, and a memorandum stating the substance of all oral communications
received, all responses made, and the identity of each person
from whom the presiding officer received an ex parte communication. The presiding officer shall advise all parties that
these matters have been placed on the record. Upon request
made within ten days after notice of the ex parte communication, any party desiring to rebut the communication shall be
allowed to place a written rebuttal statement on the record.
Portions of the record pertaining to ex parte communications
or rebuttal statements do not constitute evidence of any fact at
issue in the matter unless a party moves the admission of any
portion of the record for purposes of establishing a fact at
issue and that portion is admitted pursuant to RCW
34.05.452.
(6) If necessary to eliminate the effect of an ex parte
communication received in violation of this section, a presid34.05.455
[Title 34 RCW—page 21]
34.05.458
Title 34 RCW: Administrative Law
ing officer who receives the communication may be disqualified, and the portions of the record pertaining to the communication may be sealed by protective order.
(7) The agency shall, and any party may, report any violation of this section to appropriate authorities for any disciplinary proceedings provided by law. In addition, each
agency by rule may provide for appropriate sanctions, including default, for any violations of this section. [1988 c 288 §
416.]
34.05.458 Separation of functions. (1) A person who
has served as investigator, prosecutor, or advocate in an adjudicative proceeding or in its preadjudicative stage, or one
who is subject to the authority, direction, or discretion of such
a person, may not serve as a presiding officer in the same proceeding.
(2) A person, including an agency head, who has participated in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding
may serve as presiding officer or assist or advise a presiding
officer in the same proceeding unless a party demonstrates
grounds for disqualification in accordance with RCW
34.05.425.
(3) A person may serve as presiding officer at successive
stages of the same adjudicative proceeding unless a party
demonstrates grounds for disqualification in accordance with
RCW 34.05.425. [1988 c 288 § 417.]
34.05.458
34.05.461 Entry of orders. (1) Except as provided in
subsection (2) of this section:
(a) If the presiding officer is the agency head or one or
more members of the agency head, the presiding officer may
enter an initial order if further review is available within the
agency, or a final order if further review is not available;
(b) If the presiding officer is a person designated by the
agency to make the final decision and enter the final order,
the presiding officer shall enter a final order; and
(c) If the presiding officer is one or more administrative
law judges, the presiding officer shall enter an initial order.
(2) With respect to agencies exempt from chapter 34.12
RCW or an institution of higher education, the presiding
officer shall transmit a full and complete record of the proceedings, including such comments upon demeanor of witnesses as the presiding officer deems relevant, to each agency
official who is to enter a final or initial order after considering
the record and evidence so transmitted.
(3) Initial and final orders shall include a statement of
findings and conclusions, and the reasons and basis therefor,
on all the material issues of fact, law, or discretion presented
on the record, including the remedy or sanction and, if applicable, the action taken on a petition for a stay of effectiveness. Any findings based substantially on credibility of evidence or demeanor of witnesses shall be so identified. Findings set forth in language that is essentially a repetition or
paraphrase of the relevant provision of law shall be accompanied by a concise and explicit statement of the underlying
evidence of record to support the findings. The order shall
also include a statement of the available procedures and time
limits for seeking reconsideration or other administrative
relief. An initial order shall include a statement of any cir34.05.461
[Title 34 RCW—page 22]
cumstances under which the initial order, without further
notice, may become a final order.
(4) Findings of fact shall be based exclusively on the evidence of record in the adjudicative proceeding and on matters
officially noticed in that proceeding. Findings shall be based
on the kind of evidence on which reasonably prudent persons
are accustomed to rely in the conduct of their affairs. Findings may be based on such evidence even if it would be inadmissible in a civil trial. However, the presiding officer shall
not base a finding exclusively on such inadmissible evidence
unless the presiding officer determines that doing so would
not unduly abridge the parties’ opportunities to confront witnesses and rebut evidence. The basis for this determination
shall appear in the order.
(5) Where it bears on the issues presented, the agency’s
experience, technical competency, and specialized knowledge may be used in the evaluation of evidence.
(6) If a person serving or designated to serve as presiding
officer becomes unavailable for any reason before entry of
the order, a substitute presiding officer shall be appointed as
provided in RCW 34.05.425. The substitute presiding officer
shall use any existing record and may conduct any further
proceedings appropriate in the interests of justice.
(7) The presiding officer may allow the parties a designated time after conclusion of the hearing for the submission
of memos, briefs, or proposed findings.
(8)(a) Except as otherwise provided in (b) of this subsection, initial or final orders shall be served in writing within
ninety days after conclusion of the hearing or after submission of memos, briefs, or proposed findings in accordance
with subsection (7) of this section unless this period is waived
or extended for good cause shown.
(b) This subsection does not apply to the final order of
the shorelines hearings board on appeal under RCW
90.58.180(3).
(9) The presiding officer shall cause copies of the order
to be served on each party and the agency. [1995 c 347 § 312;
1989 c 175 § 19; 1988 c 288 § 418.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Additional notes found at www.leg.wa.gov
34.05.464 Review of initial orders. (1) As authorized
by law, an agency may by rule provide that initial orders in
specified classes of cases may become final without further
agency action unless, within a specified period, (a) the
agency head upon its own motion determines that the initial
order should be reviewed, or (b) a party to the proceedings
files a petition for administrative review of the initial order.
Upon occurrence of either event, notice shall be given to all
parties to the proceeding.
(2) As authorized by law, an agency head may appoint a
person to review initial orders and to prepare and enter final
agency orders.
(3) RCW 34.05.425 and 34.05.455 apply to any person
reviewing an initial order on behalf of an agency as part of the
decision process, and to persons communicating with them,
to the same extent that it is applicable to presiding officers.
(4) The officer reviewing the initial order (including the
agency head reviewing an initial order) is, for the purposes of
this chapter, termed the reviewing officer. The reviewing
34.05.464
(2010 Ed.)
Administrative Procedure Act
officer shall exercise all the decision-making power that the
reviewing officer would have had to decide and enter the
final order had the reviewing officer presided over the hearing, except to the extent that the issues subject to review are
limited by a provision of law or by the reviewing officer upon
notice to all the parties. In reviewing findings of fact by presiding officers, the reviewing officers shall give due regard to
the presiding officer’s opportunity to observe the witnesses.
(5) The reviewing officer shall personally consider the
whole record or such portions of it as may be cited by the parties.
(6) The reviewing officer shall afford each party an
opportunity to present written argument and may afford each
party an opportunity to present oral argument.
(7) The reviewing officer shall enter a final order disposing of the proceeding or remand the matter for further proceedings, with instructions to the presiding officer who
entered the initial order. Upon remanding a matter, the
reviewing officer shall order such temporary relief as is
authorized and appropriate.
(8) A final order shall include, or incorporate by reference to the initial order, all matters required by RCW
34.05.461(3).
(9) The reviewing officer shall cause copies of the final
order or order remanding the matter for further proceedings
to be served upon each party. [1989 c 175 § 20; 1988 c 288 §
419.]
Additional notes found at www.leg.wa.gov
34.05.467 Stay. A party may submit to the presiding or
reviewing officer, as is appropriate to the stage of the proceeding, a petition for stay of effectiveness of a final order
within ten days of its service unless otherwise provided by
statute or stated in the final order. Disposition of the petition
for stay shall be made by the presiding officer, reviewing
officer, or agency head as provided by agency rule. Disposition may be made either before or after the effective date of
the final order. Disposition denying a stay is not subject to
judicial review. [1988 c 288 § 420.]
34.05.467
34.05.470 Reconsideration. (1) Within ten days of the
service of a final order, any party may file a petition for
reconsideration, stating the specific grounds upon which
relief is requested. The place of filing and other procedures, if
any, shall be specified by agency rule.
(2) No petition for reconsideration may stay the effectiveness of an order.
(3) If a petition for reconsideration is timely filed, and
the petitioner has complied with the agency’s procedural
rules for reconsideration, if any, the time for filing a petition
for judicial review does not commence until the agency disposes of the petition for reconsideration. The agency is
deemed to have denied the petition for reconsideration if,
within twenty days from the date the petition is filed, the
agency does not either: (a) Dispose of the petition; or (b)
serve the parties with a written notice specifying the date by
which it will act on the petition.
(4) Unless the petition for reconsideration is deemed
denied under subsection (3) of this section, the petition shall
be disposed of by the same person or persons who entered the
34.05.470
(2010 Ed.)
34.05.476
order, if reasonably available. The disposition shall be in the
form of a written order denying the petition, granting the petition and dissolving or modifying the final order, or granting
the petition and setting the matter for further hearing.
(5) The filing of a petition for reconsideration is not a
prerequisite for seeking judicial review. An order denying
reconsideration, or a notice provided for in subsection (3)(b)
of this section is not subject to judicial review. [1989 c 175 §
21; 1988 c 288 § 421.]
Additional notes found at www.leg.wa.gov
34.05.473 Effectiveness of orders. (1) Unless a later
date is stated in an order or a stay is granted, an order is effective when entered, but:
(a) A party may not be required to comply with a final
order unless the party has been served with or has actual
knowledge of the final order;
(b) A nonparty may not be required to comply with a
final order unless the agency has made the final order available for public inspection and copying or the nonparty has
actual knowledge of the final order;
(c) For purposes of determining time limits for further
administrative procedure or for judicial review, the determinative date is the date of service of the order.
(2) Unless a later date is stated in the initial order or a
stay is granted, the time when an initial order becomes a final
order in accordance with RCW 34.05.461 is determined as
follows:
(a) When the initial order is entered, if administrative
review is unavailable; or
(b) When the agency head with such authority enters an
order stating, after a petition for administrative review has
been filed, that review will not be exercised.
(3) This section does not preclude an agency from taking
immediate action to protect the public interest in accordance
with RCW 34.05.479. [1989 c 175 § 22; 1988 c 288 § 422.]
34.05.473
Additional notes found at www.leg.wa.gov
34.05.476 Agency record. (1) An agency shall maintain an official record of each adjudicative proceeding under
this chapter.
(2) The agency record shall include:
(a) Notices of all proceedings;
(b) Any prehearing order;
(c) Any motions, pleadings, briefs, petitions, requests,
and intermediate rulings;
(d) Evidence received or considered;
(e) A statement of matters officially noticed;
(f) Proffers of proof and objections and rulings thereon;
(g) Proposed findings, requested orders, and exceptions;
(h) The recording prepared for the presiding officer at
the hearing, together with any transcript of all or part of the
hearing considered before final disposition of the proceeding;
(i) Any final order, initial order, or order on reconsideration;
(j) Staff memoranda or data submitted to the presiding
officer, unless prepared and submitted by personal assistants
and not inconsistent with RCW 34.05.455; and
(k) Matters placed on the record after an ex parte communication.
34.05.476
[Title 34 RCW—page 23]
34.05.479
Title 34 RCW: Administrative Law
(3) Except to the extent that this chapter or another statute provides otherwise, the agency record constitutes the
exclusive basis for agency action in adjudicative proceedings
under this chapter and for judicial review of adjudicative proceedings. [1988 c 288 § 423.]
34.05.479 Emergency adjudicative proceedings. (1)
Unless otherwise provided by law, an agency may use emergency adjudicative proceedings in a situation involving an
immediate danger to the public health, safety, or welfare
requiring immediate agency action.
(2) The agency may take only such action as is necessary
to prevent or avoid the immediate danger to the public health,
safety, or welfare that justifies use of emergency adjudication.
(3) The agency shall enter an order, including a brief
statement of findings of fact, conclusions of law, and policy
reasons for the decision if it is an exercise of the agency’s discretion, to justify the determination of an immediate danger
and the agency’s decision to take the specific action.
(4) The agency shall give such notice as is practicable to
persons who are required to comply with the order. The order
is effective when entered.
(5) After entering an order under this section, the agency
shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an
immediate danger.
(6) The agency record consists of any documents regarding the matter that were considered or prepared by the
agency. The agency shall maintain these documents as its
official record.
(7) Unless otherwise required by a provision of law, the
agency record need not constitute the exclusive basis for
agency action in emergency adjudicative proceedings or for
judicial review thereof.
(8) This section shall not apply to agency action taken
pursuant to a provision of law that expressly authorizes the
agency to issue a cease and desist order. The agency may proceed, alternatively, under that independent authority. [1988 c
288 § 424.]
34.05.479
Designation of persons for emergency adjudications by utilities and transportation commission: RCW 80.01.060.
34.05.4791 Secure community transition facility—
Proceeding concerning public safety measures. A petition
brought pursuant to RCW 71.09.342(5) shall be heard under
the provisions of RCW 34.05.479 except that the decision of
the governor’s designee shall be final and is not subject to
judicial review. [2002 c 68 § 10.]
34.05.4791
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
34.05.482 Brief adjudicative proceedings—Applicability. (1) An agency may use brief adjudicative proceedings
if:
(a) The use of those proceedings in the circumstances
does not violate any provision of law;
(b) The protection of the public interest does not require
the agency to give notice and an opportunity to participate to
persons other than the parties;
34.05.482
[Title 34 RCW—page 24]
(c) The matter is entirely within one or more categories
for which the agency by rule has adopted this section and
RCW 34.05.485 through 34.05.494; and
(d) The issue and interests involved in the controversy do
not warrant use of the procedures of RCW 34.05.413 through
34.05.479.
(2) Brief adjudicative proceedings are not authorized for
public assistance and food stamp or benefit programs provided for in Title 74 RCW, including but not limited to public
assistance as defined in RCW 74.04.005(1). [1998 c 79 § 3;
1988 c 288 § 425.]
34.05.485 Brief adjudicative proceedings—Procedure. (1) If not specifically prohibited by law, the following
persons may be designated as the presiding officer of a brief
adjudicative proceeding:
(a) The agency head;
(b) One or more members of the agency head;
(c) One or more administrative law judges; or
(d) One or more other persons designated by the agency
head.
(2) Before taking action, the presiding officer shall give
each party an opportunity to be informed of the agency’s
view of the matter and to explain the party’s view of the matter.
(3) At the time any unfavorable action is taken the presiding officer shall serve upon each party a brief statement of
the reasons for the decision. Within ten days, the presiding
officer shall give the parties a brief written statement of the
reasons for the decision and information about any internal
administrative review available.
(4) The brief written statement is an initial order. If no
review is taken of the initial order as authorized by RCW
34.05.488 and 34.05.491, the initial order shall be the final
order. [1989 c 175 § 23; 1988 c 288 § 426.]
34.05.485
Additional notes found at www.leg.wa.gov
34.05.488 Brief proceedings—Administrative
review—Applicability. Unless prohibited by any provision
of law, an agency, on its own motion, may conduct administrative review of an order resulting from brief adjudicative
proceedings. An agency shall conduct this review upon the
written or oral request of a party if the agency receives the
request within twenty-one days after service of the written
statement required by RCW 34.05.485(3). [1989 c 175 § 24;
1988 c 288 § 427.]
34.05.488
Additional notes found at www.leg.wa.gov
34.05.491 Brief proceedings—Administrative
review—Procedures. Unless otherwise provided by statute:
(1) If the parties have not requested review, the agency
may review an order resulting from a brief adjudicative proceeding on its own motion and without notice to the parties,
but it may not take any action on review less favorable to any
party than the original order without giving that party notice
and an opportunity to explain that party’s view of the matter.
(2) The reviewing officer may be any person who could
have presided at the brief proceeding, but the reviewing
officer must be one who is authorized to grant appropriate
relief upon review.
34.05.491
(2010 Ed.)
Administrative Procedure Act
(3) The reviewing officer shall give each party an opportunity to explain the party’s view of the matter and shall make
any inquiries necessary to ascertain whether the proceeding
must be converted to a formal adjudicative hearing.
(4) The order on review must be in writing, must include
a brief statement of the reasons for the decision, and must be
entered within twenty days after the date of the initial order or
of the request for review, whichever is later. The order shall
include a description of any further available administrative
review or, if none is available, a notice that judicial review
may be available.
(5) A request for administrative review is deemed to
have been denied if the agency does not make a disposition of
the matter within twenty days after the request is submitted.
[1988 c 288 § 428.]
34.05.494 Agency record in brief proceedings. (1)
The agency record consists of any documents regarding the
matter that were considered or prepared by the presiding
officer for the brief adjudicative proceeding or by the reviewing officer for any review. The agency shall maintain these
documents as its official record.
(2) Unless otherwise required by a provision of law, the
agency record need not constitute the exclusive basis for
agency action in brief adjudicative proceedings or for the
judicial review of brief adjudicative proceedings. [1988 c
288 § 429.]
34.05.494
PART V
JUDICIAL REVIEW AND CIVIL ENFORCEMENT
34.05.510 Relationship between this chapter and
other judicial review authority. This chapter establishes
the exclusive means of judicial review of agency action,
except:
(1) The provisions of this chapter for judicial review do
not apply to litigation in which the sole issue is a claim for
money damages or compensation and the agency whose
action is at issue does not have statutory authority to determine the claim.
(2) Ancillary procedural matters before the reviewing
court, including intervention, class actions, consolidation,
joinder, severance, transfer, protective orders, and other relief
from disclosure of privileged or confidential material, are
governed, to the extent not inconsistent with this chapter, by
court rule.
(3) To the extent that de novo review or jury trial review
of agency action is expressly authorized by provision of law.
[1988 c 288 § 501.]
34.05.510
34.05.514 Petition for review—Where filed. (1)
Except as provided in subsections (2) through (4) of this section, proceedings for review under this chapter shall be instituted by paying the fee required under RCW 36.18.020 and
filing a petition in the superior court, at the petitioner’s
option, for (a) Thurston county, (b) the county of the petitioner’s residence or principal place of business, or (c) in any
county where the property owned by the petitioner and
affected by the contested decision is located.
34.05.514
(2010 Ed.)
34.05.518
(2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which
the principal office of the institution involved is located or in
the county of a branch campus if the action involves such
branch.
(3) For proceedings conducted by the pollution control
hearings board pursuant to chapter 43.21B RCW or as otherwise provided in RCW 90.03.210(2) involving decisions of
the department of ecology on applications for changes or
transfers of water rights that are the subject of a general adjudication of water rights that is being litigated actively under
chapter 90.03 or 90.44 RCW, the petition must be filed with
the superior court conducting the adjudication, to be consolidated by the court with the general adjudication. A party to
the adjudication shall be a party to the appeal under this chapter only if the party files or is served with a petition for review
to the extent required by this chapter.
(4) For proceedings involving appeals of examinations
or evaluation exercises of the board of pilotage commissioners under chapter 88.16 RCW, the petition must be filed
either in Thurston county or in the county in which the board
maintains its principal office. [2008 c 128 § 16; 2001 c 220 §
3. Prior: 1995 c 347 § 113; 1995 c 292 § 9; 1994 c 257 § 23;
1988 c 288 § 502.]
Intent—Construction—Effective date—2001 c 220: See notes following RCW 43.21B.110.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Additional notes found at www.leg.wa.gov
34.05.518 Direct review by court of appeals. (1) The
final decision of an administrative agency in an adjudicative
proceeding under this chapter may, except as otherwise provided in *chapter 43.21L RCW, be directly reviewed by the
court of appeals either (a) upon certification by the superior
court pursuant to this section or (b) if the final decision is
from an environmental board as defined in subsection (3) of
this section, upon acceptance by the court of appeals after a
certificate of appealability has been filed by the environmental board that rendered the final decision.
(2) For direct review upon certification by the superior
court, an application for direct review must be filed with the
superior court within thirty days of the filing of the petition
for review in superior court. The superior court may certify a
case for direct review only if the judicial review is limited to
the record of the agency proceeding and the court finds that:
(a) Fundamental and urgent issues affecting the future
administrative process or the public interest are involved
which require a prompt determination;
(b) Delay in obtaining a final and prompt determination
of such issues would be detrimental to any party or the public
interest;
(c) An appeal to the court of appeals would be likely
regardless of the determination in superior court; and
(d) The appellate court’s determination in the proceeding
would have significant precedential value.
Procedures for certification shall be established by court
rule.
(3)(a) For the purposes of direct review of final decisions
of environmental boards, environmental boards include those
34.05.518
[Title 34 RCW—page 25]
34.05.522
Title 34 RCW: Administrative Law
boards identified in RCW 43.21B.005 and the growth management hearings board as identified in RCW 36.70A.250.
(b) An environmental board may issue a certificate of
appealability if it finds that delay in obtaining a final and
prompt determination of the issues would be detrimental to
any party or the public interest and either:
(i) Fundamental and urgent statewide or regional issues
are raised; or
(ii) The proceeding is likely to have significant precedential value.
(4) The environmental board shall state in the certificate
of appealability which criteria it applied, explain how that
criteria was met, and file with the certificate a copy of the
final decision.
(5) For an appellate court to accept direct review of a
final decision of an environmental board, it shall consider the
same criteria outlined in subsection (3) of this section, except
as otherwise provided in *chapter 43.21L RCW.
(6) The procedures for direct review of final decisions of
environmental boards include:
(a) Within thirty days after filing the petition for review
with the superior court, a party may file an application for
direct review with the superior court and serve the appropriate environmental board and all parties of record. The application shall request the environmental board to file a certificate of appealability.
(b) If an issue on review is the jurisdiction of the environmental board, the board may file an application for direct
review on that issue.
(c) The environmental board shall have thirty days to
grant or deny the request for a certificate of appealability and
its decision shall be filed with the superior court and served
on all parties of record.
(d) If a certificate of appealability is issued, the parties
shall have fifteen days from the date of service to file a notice
of discretionary review in the superior court, and the notice
shall include a copy of the certificate of appealability and a
copy of the final decision.
(e) If the appellate court accepts review, the certificate of
appealability shall be transmitted to the court of appeals as
part of the certified record.
(f) If a certificate of appealability is denied, review shall
be by the superior court. The superior court’s decision may
be appealed to the court of appeals. [2010 c 211 § 15; 2003 c
393 § 16; 1995 c 382 § 5; 1988 c 288 § 503; 1980 c 76 § 1.
Formerly RCW 34.04.133.]
*Reviser’s note: Chapter 43.21L RCW was repealed in its entirety pursuant to 2010 c 210 § 46 and 2010 1st sp.s. c 7 § 37.
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
34.05.522 Refusal of review by court of appeals. The
court of appeals may refuse to accept direct review of a case
pursuant to RCW 34.05.518 if it finds that the case does not
meet the applicable standard in RCW 34.05.518 (2) or (5).
Rules of Appellate Procedure 2.3 do not apply in this
instance. The refusal to accept such review is not subject to
further appellate review, notwithstanding anything in Rule
13.3 of the Rules of Appellate Procedure to the contrary.
[1995 c 382 § 6; 1988 c 288 § 504; 1980 c 76 § 2. Formerly
RCW 34.04.135.]
34.05.522
[Title 34 RCW—page 26]
34.05.526 Appellate review by supreme court or
court of appeals. An aggrieved party may secure appellate
review of any final judgment of the superior court under this
chapter by the supreme court or the court of appeals. The
review shall be secured in the manner provided by law for
review of superior court decisions in other civil cases. [1988
c 288 § 505; 1988 c 202 § 35; 1971 c 81 § 87; 1959 c 234 §
14. Formerly RCW 34.04.140.]
34.05.526
Reviser’s note: This section was amended by 1988 c 202 § 35, effective June 9, 1988, and by 1988 c 288 § 505, effective July 1, 1989, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see
RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
34.05.530 Standing. A person has standing to obtain
judicial review of agency action if that person is aggrieved or
adversely affected by the agency action. A person is
aggrieved or adversely affected within the meaning of this
section only when all three of the following conditions are
present:
(1) The agency action has prejudiced or is likely to prejudice that person;
(2) That person’s asserted interests are among those that
the agency was required to consider when it engaged in the
agency action challenged; and
(3) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused
or likely to be caused by the agency action. [1988 c 288 §
506.]
34.05.530
34.05.534 Exhaustion of administrative remedies. A
person may file a petition for judicial review under this chapter only after exhausting all administrative remedies available
within the agency whose action is being challenged, or available within any other agency authorized to exercise administrative review, except:
(1) A petitioner for judicial review of a rule need not
have participated in the rule-making proceeding upon which
that rule is based, have petitioned for its amendment or
repeal, have petitioned the joint administrative rules review
committee for its review, or have appealed a petition for
amendment or repeal to the governor;
(2) A petitioner for judicial review need not exhaust
administrative remedies to the extent that this chapter or any
other statute states that exhaustion is not required; or
(3) The court may relieve a petitioner of the requirement
to exhaust any or all administrative remedies upon a showing
that:
(a) The remedies would be patently inadequate;
(b) The exhaustion of remedies would be futile; or
(c) The grave irreparable harm that would result from
having to exhaust administrative remedies would clearly outweigh the public policy requiring exhaustion of administrative remedies. [1997 c 409 § 302; 1995 c 403 § 803; 1988 c
288 § 507.]
34.05.534
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Administrative Procedure Act
34.05.542 Time for filing petition for review. Subject
to other requirements of this chapter or of another statute:
(1) A petition for judicial review of a rule may be filed at
any time, except as limited by RCW 34.05.375.
(2) A petition for judicial review of an order shall be
filed with the court and served on the agency, the office of the
attorney general, and all parties of record within thirty days
after service of the final order.
(3) A petition for judicial review of agency action other
than the adoption of a rule or the entry of an order is not
timely unless filed with the court and served on the agency,
the office of the attorney general, and all other parties of
record within thirty days after the agency action, but the time
is extended during any period that the petitioner did not know
and was under no duty to discover or could not reasonably
have discovered that the agency had taken the action or that
the agency action had a sufficient effect to confer standing
upon the petitioner to obtain judicial review under this chapter.
(4) Service of the petition on the agency shall be by
delivery of a copy of the petition to the office of the director,
or other chief administrative officer or chairperson of the
agency, at the principal office of the agency. Service of a
copy by mail upon the other parties of record and the office of
the attorney general shall be deemed complete upon deposit
in the United States mail, as evidenced by the postmark.
(5) Failure to timely serve a petition on the office of the
attorney general is not grounds for dismissal of the petition.
(6) For purposes of this section, service upon the attorney of record of any agency or party of record constitutes service upon the agency or party of record. [1998 c 186 § 1;
1988 c 288 § 509.]
34.05.542
34.05.546 Petition for review—Contents. A petition
for review must set forth:
(1) The name and mailing address of the petitioner;
(2) The name and mailing address of the petitioner’s
attorney, if any;
(3) The name and mailing address of the agency whose
action is at issue;
(4) Identification of the agency action at issue, together
with a duplicate copy, summary, or brief description of the
agency action;
(5) Identification of persons who were parties in any
adjudicative proceedings that led to the agency action;
(6) Facts to demonstrate that the petitioner is entitled to
obtain judicial review;
(7) The petitioner’s reasons for believing that relief
should be granted; and
(8) A request for relief, specifying the type and extent of
relief requested. [1988 c 288 § 510.]
34.05.546
34.05.550 Stay and other temporary remedies. (1)
Unless precluded by law, the agency may grant a stay, in
whole or in part, or other temporary remedy.
(2) After a petition for judicial review has been filed, a
party may file a motion in the reviewing court seeking a stay
or other temporary remedy.
(3) If judicial relief is sought for a stay or other temporary remedy from agency action based on public health,
34.05.550
(2010 Ed.)
34.05.562
safety, or welfare grounds the court shall not grant such relief
unless the court finds that:
(a) The applicant is likely to prevail when the court
finally disposes of the matter;
(b) Without relief the applicant will suffer irreparable
injury;
(c) The grant of relief to the applicant will not substantially harm other parties to the proceedings; and
(d) The threat to the public health, safety, or welfare is
not sufficiently serious to justify the agency action in the circumstances.
(4) If the court determines that relief should be granted
from the agency’s action granting a stay or other temporary
remedies, the court may remand the matter or may enter an
order denying a stay or granting a stay on appropriate terms.
[1989 c 175 § 25; 1988 c 288 § 511.]
Additional notes found at www.leg.wa.gov
34.05.554 Limitation on new issues. (1) Issues not
raised before the agency may not be raised on appeal, except
to the extent that:
(a) The person did not know and was under no duty to
discover or could not have reasonably discovered facts giving
rise to the issue;
(b) The agency action subject to judicial review is a rule
and the person has not been a party in adjudicative proceedings that provided an adequate opportunity to raise the issue;
(c) The agency action subject to judicial review is an
order and the person was not notified of the adjudicative proceeding in substantial compliance with this chapter; or
(d) The interests of justice would be served by resolution
of an issue arising from:
(i) A change in controlling law occurring after the
agency action; or
(ii) Agency action occurring after the person exhausted
the last feasible opportunity for seeking relief from the
agency.
(2) The court shall remand to the agency for determination any issue that is properly raised pursuant to subsection
(1) of this section. [1988 c 288 § 512.]
34.05.554
34.05.558 Judicial review of facts confined to record.
Judicial review of disputed issues of fact shall be conducted
by the court without a jury and must be confined to the
agency record for judicial review as defined by this chapter,
supplemented by additional evidence taken pursuant to this
chapter. [1988 c 288 § 513.]
34.05.558
34.05.562 New evidence taken by court or agency.
(1) The court may receive evidence in addition to that contained in the agency record for judicial review, only if it
relates to the validity of the agency action at the time it was
taken and is needed to decide disputed issues regarding:
(a) Improper constitution as a decision-making body or
grounds for disqualification of those taking the agency
action;
(b) Unlawfulness of procedure or of decision-making
process; or
34.05.562
[Title 34 RCW—page 27]
34.05.566
Title 34 RCW: Administrative Law
(c) Material facts in rule making, brief adjudications, or
other proceedings not required to be determined on the
agency record.
(2) The court may remand a matter to the agency, before
final disposition of a petition for review, with directions that
the agency conduct fact-finding and other proceedings the
court considers necessary and that the agency take such further action on the basis thereof as the court directs, if:
(a) The agency was required by this chapter or any other
provision of law to base its action exclusively on a record of
a type reasonably suitable for judicial review, but the agency
failed to prepare or preserve an adequate record;
(b) The court finds that (i) new evidence has become
available that relates to the validity of the agency action at the
time it was taken, that one or more of the parties did not know
and was under no duty to discover or could not have reasonably been discovered until after the agency action, and (ii) the
interests of justice would be served by remand to the agency;
(c) The agency improperly excluded or omitted evidence
from the record; or
(d) A relevant provision of law changed after the agency
action and the court determines that the new provision may
control the outcome. [1988 c 288 § 514.]
34.05.566 Agency record for review—Costs. (1)
Within thirty days after service of the petition for judicial
review, or within further time allowed by the court or by
other provision of law, the agency shall transmit to the court
the original or a certified copy of the agency record for judicial review of the agency action. The record shall consist of
any agency documents expressing the agency action, other
documents identified by the agency as having been considered by it before its action and used as a basis for its action,
and any other material described in this chapter as the agency
record for the type of agency action at issue, subject to the
provisions of this section.
(2) If part of the record has been preserved without a
transcript, the agency shall prepare a transcript for inclusion
in the record transmitted to the court, except for portions that
the parties stipulate to omit in accordance with subsection (4)
of this section.
(3) The agency may charge a nonindigent petitioner with
the reasonable costs of preparing any necessary copies and
transcripts for transmittal to the court. A failure by the petitioner to pay any of this cost to the agency relieves the agency
from the responsibility for preparation of the record and
transmittal to the court.
(4) The record may be shortened, summarized, or organized temporarily or, by stipulation of all parties, permanently.
(5) The court may tax the cost of preparing transcripts
and copies of the record:
(a) Against a party who unreasonably refuses to stipulate
to shorten, summarize, or organize the record; or
(b) In accordance with any provision of law.
(6) Additions to the record pursuant to RCW 34.05.562
must be made as ordered by the court.
(7) The court may require or permit subsequent corrections or additions to the record. [1989 c 175 § 26; 1988 c 288
§ 515.]
34.05.566
[Title 34 RCW—page 28]
Additional notes found at www.leg.wa.gov
34.05.570 Judicial review. (1) Generally. Except to
the extent that this chapter or another statute provides otherwise:
(a) The burden of demonstrating the invalidity of agency
action is on the party asserting invalidity;
(b) The validity of agency action shall be determined in
accordance with the standards of review provided in this section, as applied to the agency action at the time it was taken;
(c) The court shall make a separate and distinct ruling on
each material issue on which the court’s decision is based;
and
(d) The court shall grant relief only if it determines that a
person seeking judicial relief has been substantially prejudiced by the action complained of.
(2) Review of rules. (a) A rule may be reviewed by petition for declaratory judgment filed pursuant to this subsection
or in the context of any other review proceeding under this
section. In an action challenging the validity of a rule, the
agency shall be made a party to the proceeding.
(b)(i) The validity of any rule may be determined upon
petition for a declaratory judgment addressed to the superior
court of Thurston county, when it appears that the rule, or its
threatened application, interferes with or impairs or immediately threatens to interfere with or impair the legal rights or
privileges of the petitioner. The declaratory judgment order
may be entered whether or not the petitioner has first
requested the agency to pass upon the validity of the rule in
question.
(ii) From June 10, 2004, until July 1, 2008:
(A) If the petitioner’s residence or principal place of
business is within the geographical boundaries of the third
division of the court of appeals as defined by RCW
2.06.020(3), the petition may be filed in the superior court of
Spokane, Yakima, or Thurston county; and
(B) If the petitioner’s residence or principal place of
business is within the geographical boundaries of district
three of the first division of the court of appeals as defined by
RCW 2.06.020(1), the petition may be filed in the superior
court of Whatcom or Thurston county.
(c) In a proceeding involving review of a rule, the court
shall declare the rule invalid only if it finds that: The rule
violates constitutional provisions; the rule exceeds the statutory authority of the agency; the rule was adopted without
compliance with statutory rule-making procedures; or the
rule is arbitrary and capricious.
(3) Review of agency orders in adjudicative proceedings.
The court shall grant relief from an agency order in an adjudicative proceeding only if it determines that:
(a) The order, or the statute or rule on which the order is
based, is in violation of constitutional provisions on its face
or as applied;
(b) The order is outside the statutory authority or jurisdiction of the agency conferred by any provision of law;
(c) The agency has engaged in unlawful procedure or
decision-making process, or has failed to follow a prescribed
procedure;
(d) The agency has erroneously interpreted or applied the
law;
34.05.570
(2010 Ed.)
Administrative Procedure Act
(e) The order is not supported by evidence that is substantial when viewed in light of the whole record before the
court, which includes the agency record for judicial review,
supplemented by any additional evidence received by the
court under this chapter;
(f) The agency has not decided all issues requiring resolution by the agency;
(g) A motion for disqualification under RCW 34.05.425
or 34.12.050 was made and was improperly denied or, if no
motion was made, facts are shown to support the grant of
such a motion that were not known and were not reasonably
discoverable by the challenging party at the appropriate time
for making such a motion;
(h) The order is inconsistent with a rule of the agency
unless the agency explains the inconsistency by stating facts
and reasons to demonstrate a rational basis for inconsistency;
or
(i) The order is arbitrary or capricious.
(4) Review of other agency action.
(a) All agency action not reviewable under subsection
(2) or (3) of this section shall be reviewed under this subsection.
(b) A person whose rights are violated by an agency’s
failure to perform a duty that is required by law to be performed may file a petition for review pursuant to RCW
34.05.514, seeking an order pursuant to this subsection
requiring performance. Within twenty days after service of
the petition for review, the agency shall file and serve an
answer to the petition, made in the same manner as an answer
to a complaint in a civil action. The court may hear evidence,
pursuant to RCW 34.05.562, on material issues of fact raised
by the petition and answer.
(c) Relief for persons aggrieved by the performance of
an agency action, including the exercise of discretion, or an
action under (b) of this subsection can be granted only if the
court determines that the action is:
(i) Unconstitutional;
(ii) Outside the statutory authority of the agency or the
authority conferred by a provision of law;
(iii) Arbitrary or capricious; or
(iv) Taken by persons who were not properly constituted
as agency officials lawfully entitled to take such action.
[2004 c 30 § 1; 1995 c 403 § 802; 1989 c 175 § 27; 1988 c 288
§ 516; 1977 ex.s. c 52 § 1; 1967 c 237 § 6; 1959 c 234 § 13.
Formerly RCW 34.04.130.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
34.05.574 Type of relief. (1) In a review under RCW
34.05.570, the court may (a) affirm the agency action or (b)
order an agency to take action required by law, order an
agency to exercise discretion required by law, set aside
agency action, enjoin or stay the agency action, remand the
matter for further proceedings, or enter a declaratory judgment order. The court shall set out in its findings and conclusions, as appropriate, each violation or error by the agency
under the standards for review set out in this chapter on
which the court bases its decision and order. In reviewing
matters within agency discretion, the court shall limit its
function to assuring that the agency has exercised its discre34.05.574
(2010 Ed.)
34.05.582
tion in accordance with law, and shall not itself undertake to
exercise the discretion that the legislature has placed in the
agency. The court shall remand to the agency for modification of agency action, unless remand is impracticable or
would cause unnecessary delay.
(2) The sole remedy available to a person who is wrongfully denied licensure based upon a failure to pass an examination administered by a state agency, or under its auspices,
is the right to retake the examination free of the defect or
defects the court may have found in the examination or the
examination procedure.
(3) The court may award damages, compensation, or
ancillary relief only to the extent expressly authorized by
another provision of law.
(4) If the court sets aside or modifies agency action or
remands the matter to the agency for further proceedings, the
court may make any interlocutory order it finds necessary to
preserve the interests of the parties and the public, pending
further proceedings or agency action. [1989 c 175 § 28; 1988
c 288 § 517.]
Additional notes found at www.leg.wa.gov
34.05.578 Petition by agency for enforcement. (1) In
addition to other remedies provided by law, an agency may
seek enforcement of its rule or order by filing a petition for
civil enforcement in the superior court.
(2) The petition must name as respondent each alleged
person against whom the agency seeks to obtain civil
enforcement.
(3) Venue is determined as in other civil cases.
(4) A petition for civil enforcement filed by an agency
may request, and the court may grant, declaratory relief, temporary or permanent injunctive relief, any other civil remedy
provided by law, or any combination of the foregoing. [1988
c 288 § 518.]
34.05.578
34.05.582 Petition by others for enforcement. (1)
Any person who would qualify under this chapter as having
standing to obtain judicial review of an agency’s failure to
enforce an order directed to another person may file a petition
for civil enforcement of that order, but the action may not be
commenced:
(a) Until at least sixty days after the petitioner has given
notice of the alleged violation and of the petitioner’s intent to
seek civil enforcement to the head of the agency concerned,
to the attorney general, and to each person against whom the
petitioner seeks civil enforcement;
(b) If the agency has filed and is diligently prosecuting a
petition for civil enforcement of the same order against the
same person; or
(c) If a petition for review of the same order has been
filed and a stay is in effect.
(2) The petition shall name, as respondents, the agency
whose order is sought to be enforced and each person against
whom the petitioner seeks civil enforcement.
(3) The agency whose order is sought to be enforced may
move to dismiss the petition on the grounds that it fails to
qualify under this section or that the enforcement would be
contrary to the policy of the agency. The court shall grant the
motion to dismiss the petition unless the petitioner demon34.05.582
[Title 34 RCW—page 29]
34.05.586
Title 34 RCW: Administrative Law
strates that (a) the petition qualifies under this section and (b)
the agency’s failure to enforce its order is based on an exercise of discretion that is arbitrary or capricious.
(4) Except to the extent expressly authorized by law, a
petition for civil enforcement may not request, and the court
may not grant, any monetary payment apart from taxable
costs. [1988 c 288 § 519.]
34.05.586 Defenses, limitations on. (1) Except as
expressly provided in this section, a respondent may not
assert as a defense in a proceeding for civil enforcement any
fact or issue that the respondent had an opportunity to assert
before the agency or a reviewing court and did not, or upon
which the final determination of the agency or a reviewing
court was adverse to the respondent. A respondent may assert
as a defense only the following:
(a) That the rule or order is invalid under RCW
34.05.570(3) (a), (b), (c), (d), (g), or (h), but only when the
respondent did not know and was under no duty to discover,
or could not reasonably have discovered, facts giving rise to
this issue;
(b) That the interest of justice would be served by resolution of an issue arising from:
(i) A change in controlling law occurring after the
agency action; or
(ii) Agency action after the respondent has exhausted the
last foreseeable opportunity for seeking relief from the
agency or from a reviewing court;
(c) That the order does not apply to the respondent or that
the respondent has not violated the order; or
(d) A defense specifically authorized by statute to be
raised in a civil enforcement proceeding.
(2) The limitations of subsection (1) of this section do
not apply to the extent that:
(a) The agency action sought to be enforced is a rule and
the respondent has not been a party in an adjudicative proceeding that provided an adequate opportunity to raise the
issue; or
(b) The agency action sought to be enforced is an order
and the respondent was not notified actually or constructively
of the related adjudicative proceeding in substantial compliance with this chapter.
(3) The court, to the extent necessary for the determination of the matter, may take new evidence. [1989 c 175 § 29;
1988 c 288 § 520.]
34.05.586
Additional notes found at www.leg.wa.gov
34.05.588 Enforcement of agency subpoena. (1) If a
person fails to obey an agency subpoena issued in an adjudicative proceeding, or obeys the subpoena but refuses to testify or produce documents when requested concerning a matter under examination, the agency or attorney issuing the subpoena may petition the superior court of any county where
the hearing is being conducted, where the subpoenaed person
resides or is found, or where subpoenaed documents are
located, for enforcement of the subpoena. The petition shall
be accompanied by a copy of the subpoena and proof of service, shall set forth in what specific manner the subpoena has
not been complied with, and shall request an order of the
court to compel compliance. Upon such petition, the court
34.05.588
[Title 34 RCW—page 30]
shall enter an order directing the person to appear before the
court at a time and place fixed in the order to show cause why
the person has not obeyed the subpoena or has refused to testify or produce documents. A copy of the court’s show cause
order shall be served upon the person. If it appears to the
court that the subpoena was properly issued, and that the particular questions the person refused to answer or the requests
for production of documents were reasonable and relevant,
the court shall enter an order that the person appear before the
agency at the time and place fixed in the order and testify or
produce the required documents, and on failing to obey this
order the person shall be dealt with as for contempt of court.
(2) Agencies with statutory authority to issue investigative subpoenas may petition for enforcement of such subpoenas in accordance with subsection (1) of this section. The
agency may petition the superior court of any county where
the subpoenaed person resides or is found, or where subpoenaed documents are located. If it appears to the court that the
subpoena was properly issued, that the investigation is being
conducted for a lawfully authorized purpose, and that the testimony or documents required to be produced are adequately
specified and relevant to the investigation, the court shall
enter an order that the person appear before the agency at the
time and place fixed in the order and testify or produce the
required documents, and failing to obey this order the person
shall be dealt with as for contempt of court.
(3) Petitions for enforcement of agency subpoenas are
not subject to RCW 34.05.578 through 34.05.590. [1989 c
175 § 30.]
Additional notes found at www.leg.wa.gov
34.05.590 Incorporation of other judicial review provisions. Proceedings for civil enforcement are governed by
the following provisions of this chapter on judicial review, as
modified where necessary to adapt them to those proceedings:
(1) RCW 34.05.510(2) (ancillary procedural matters);
and
(2) RCW 34.05.566 (agency record for judicial review).
[1988 c 288 § 521.]
34.05.590
34.05.594 Review by higher court. Decisions on petitions for civil enforcement are reviewable as in other civil
cases. [1988 c 288 § 522.]
34.05.594
34.05.598 Frivolous petitions. The provisions of RCW
4.84.185 relating to civil actions that are frivolous and
advanced without reasonable cause apply to petitions for
judicial review under this chapter. [1988 c 288 § 607.]
34.05.598
PART VI
LEGISLATIVE REVIEW
34.05.610 Joint administrative rules review committee—Members—Appointment—Terms—Vacancies. (1)
There is hereby created a joint administrative rules review
committee which shall be a bipartisan committee consisting
of four senators and four representatives from the state legislature. The senate members of the committee shall be
appointed by the president of the senate, and the house mem34.05.610
(2010 Ed.)
Administrative Procedure Act
bers of the committee shall be appointed by the speaker of the
house. Not more than two members from each house may be
from the same political party. The appointing authorities shall
also appoint one alternate member from each caucus of each
house. All appointments to the committee are subject to
approval by the caucuses to which the appointed members
belong.
(2) Members and alternates shall be appointed as soon as
possible after the legislature convenes in regular session in an
odd-numbered year, and their terms shall extend until their
successors are appointed and qualified at the next regular session of the legislature in an odd-numbered year or until such
persons no longer serve in the legislature, whichever occurs
first. Members and alternates may be reappointed to the committee.
(3) On or about January 1, 1999, the president of the senate shall appoint the chairperson and the vice chairperson
from among the committee membership. The speaker of the
house shall appoint the chairperson and the vice chairperson
in alternating even-numbered years beginning in the year
2000 from among the committee membership. The secretary
of the senate shall appoint the chairperson and the vice chairperson in the alternating even-numbered years beginning in
the year 2002 from among the committee membership. Such
appointments shall be made in January of each even-numbered year as soon as possible after a legislative session convenes.
(4) The chairperson of the committee shall cause all
meeting notices and committee documents to be sent to the
members and alternates. A vacancy shall be filled by appointment of a legislator from the same political party as the original appointment. The appropriate appointing authority shall
make the appointment within thirty days of the vacancy
occurring. [1998 c 280 § 9; 1996 c 318 § 2; 1988 c 288 § 601;
1983 c 53 § 1; 1981 c 324 § 5. Formerly RCW 34.04.210.]
34.05.640
(2) All agency policy and interpretive statements, guidelines, and documents that are of general applicability, or their
equivalents, are subject to selective review by the committee
to determine whether or not a statement, guideline, or document that is of general applicability, or its equivalent, is being
used as a rule that has not been adopted in accordance with all
applicable provisions of law.
(3) If the rules review committee finds by a majority vote
of its members: (a) That an existing rule is not within the
intent of the legislature as expressed by the statute which the
rule implements, (b) that the rule has not been adopted in
accordance with all applicable provisions of law, or (c) that
an agency is using a policy or interpretive statement in place
of a rule, the agency affected shall be notified of such finding
and the reasons therefor. Within thirty days of the receipt of
the rules review committee’s notice, the agency shall file
notice of a hearing on the rules review committee’s finding
with the code reviser and mail notice to all persons who have
made timely request of the agency for advance notice of its
rule-making proceedings as provided in RCW 34.05.320.
The agency’s notice shall include the rules review committee’s findings and reasons therefor, and shall be published in
the Washington state register in accordance with the provisions of chapter 34.08 RCW.
(4) The agency shall consider fully all written and oral
submissions regarding (a) whether the rule in question is
within the intent of the legislature as expressed by the statute
which the rule implements, (b) whether the rule was adopted
in accordance with all applicable provisions of law, and (c)
whether the agency is using a policy or interpretive statement, guideline, or document that is of general applicability,
or its equivalent, in place of a rule. [1998 c 21 § 1; 1996 c
318 § 4; 1994 c 249 § 18; 1993 c 277 § 1; 1988 c 288 § 603;
1987 c 451 § 2; 1981 c 324 § 7. Formerly RCW 34.04.230.]
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
34.05.640 Committee objections to agency intended
action—Statement in register and WAC—Suspension of
rule. (1) Within seven days of an agency hearing held after
notification of the agency by the rules review committee pursuant to RCW 34.05.620 or 34.05.630, the affected agency
shall notify the committee of its intended action on a proposed or existing rule to which the committee objected or on
a committee finding of the agency’s failure to adopt rules.
(2) If the rules review committee finds by a majority vote
of its members: (a) That the proposed or existing rule in
question will not be modified, amended, withdrawn, or
repealed by the agency so as to conform with the intent of the
legislature, (b) that an existing rule was not adopted in accordance with all applicable provisions of law, or (c) that the
agency will not replace the policy or interpretive statement,
guideline, or document that is of general applicability, or its
equivalent, with a rule, the rules review committee may,
within thirty days from notification by the agency of its
intended action, file with the code reviser notice of its objections together with a concise statement of the reasons therefor. Such notice and statement shall also be provided to the
agency by the rules review committee.
(3)(a) If the rules review committee makes an adverse
finding regarding an existing rule under subsection (2)(a) or
34.05.640
34.05.620 Review of proposed rules—Notice. If the
rules review committee finds by a majority vote of its members that a proposed rule is not within the intent of the legislature as expressed in the statute which the rule implements,
or that an agency may not be adopting a proposed rule in
accordance with all applicable provisions of law, the committee shall give the affected agency written notice of its decision. The notice shall be given at least seven days prior to any
hearing scheduled for consideration of or adoption of the proposed rule pursuant to RCW 34.05.320. The notice shall
include a statement of the review committee’s findings and
the reasons therefor. When the agency holds a hearing on the
proposed rule, the agency shall consider the review committee’s decision. [1996 c 318 § 3; 1994 c 249 § 17; 1988 c 288
§ 602; 1987 c 451 § 1; 1981 c 324 § 6. Formerly RCW
34.04.220.]
34.05.620
Additional notes found at www.leg.wa.gov
34.05.630 Review of existing rules—Policy and interpretive statements, etc.—Notice—Hearing. (1) All rules
required to be filed pursuant to RCW 34.05.380, and emergency rules adopted pursuant to RCW 34.05.350, are subject
to selective review by the committee.
34.05.630
(2010 Ed.)
[Title 34 RCW—page 31]
34.05.650
Title 34 RCW: Administrative Law
(b) of this section, the committee may, by a majority vote of
its members, recommend suspension of the rule. Within
seven days of such vote the committee shall transmit to the
appropriate standing committees of the legislature, the governor, the code reviser, and the agency written notice of its
objection and recommended suspension and the concise reasons therefor. Within thirty days of receipt of the notice, the
governor shall transmit to the committee, the code reviser,
and the agency written approval or disapproval of the recommended suspension. If the suspension is approved by the governor, it is effective from the date of that approval and continues until ninety days after the expiration of the next regular
legislative session.
(b) If the rules review committee makes an adverse finding regarding a policy or interpretive statement, guideline, or
document that is of general applicability, or its equivalent,
under subsection (2)(c) of this section, the committee may,
by a majority vote of its members, advise the governor of its
finding.
(4) The code reviser shall publish transmittals from the
rules review committee or the governor issued pursuant to
subsection (2) or (3) of this section in the Washington state
register and shall publish in the next supplement and compilation of the Washington Administrative Code a reference to
the committee’s objection or recommended suspension and
the governor’s action on it and to the issue of the Washington
state register in which the full text thereof appears.
(5) The reference shall be removed from a rule published
in the Washington Administrative Code if a subsequent adjudicatory proceeding determines that the rule is within the
intent of the legislature or was adopted in accordance with all
applicable laws, whichever was the objection of the rules
review committee. [1998 c 21 § 2; 1996 c 318 § 5; 1994 c
249 § 19; 1993 c 277 § 2; 1988 c 288 § 604; 1987 c 451 § 3;
1981 c 324 § 8. Formerly RCW 34.04.240.]
Additional notes found at www.leg.wa.gov
34.05.650 Recommendations by committee to legislature. The rules review committee may recommend to the
legislature that the original enabling legislation serving as
authority for the adoption of any rule reviewed by the committee be amended or repealed in such manner as the committee deems advisable. [1988 c 288 § 605; 1987 c 451 § 4; 1981
c 324 § 9. Formerly RCW 34.04.250.]
34.05.650
Additional notes found at www.leg.wa.gov
34.05.655 Petition for review. (1) Any person may
petition the rules review committee for a review of a proposed or existing rule or a proposed or existing policy or
interpretive statement, guideline, or document that is of general applicability, or its equivalent. A petition to review a
statement, guideline, or document that is of general applicability, or its equivalent, may only be filed for the purpose of
requesting the committee to determine whether the statement,
guideline, or document that is of general applicability, or its
equivalent, is being used as a rule that has not been adopted
in accordance with all provisions of law. Within thirty days
of the receipt of the petition, the rules review committee shall
acknowledge receipt of the petition and describe any initial
action taken. If the rules review committee rejects the peti34.05.655
[Title 34 RCW—page 32]
tion, a written statement of the reasons for rejection shall be
included.
(2) A person may petition the rules review committee
under subsection (1) of this section requesting review of an
existing rule only if the person has petitioned the agency to
amend or repeal the rule under RCW 34.05.330(1) and such
petition was denied.
(3) A petition for review of a rule under subsection (1) of
this section shall:
(a) Identify with specificity the proposed or existing rule
to be reviewed;
(b) Identify the specific statute identified by the agency
as authorizing the rule, the specific statute which the rule
interprets or implements, and, if applicable, the specific statute the department is alleged not to have followed in adopting
the rule;
(c) State the reasons why the petitioner believes that the
rule is not within the intent of the legislature, or that its adoption was not or is not in accordance with law, and provide
documentation to support these statements;
(d) Identify any known judicial action regarding the rule
or statutes identified in the petition.
A petition to review an existing rule shall also include a
copy of the agency’s denial of a petition to amend or repeal
the rule issued under RCW 34.05.330(1) and, if available, a
c o p y of th e g o v e r no r ’ s d e n ia l is su e d u n d e r R CW
34.05.330(3).
(4) A petition for review of a policy or interpretive statement, guideline, or document that is of general applicability,
or its equivalent, under subsection (1) of this section shall:
(a) Identify the specific policy or interpretative statement, guideline, or document that is of general applicability,
or its equivalent, to be reviewed;
(b) Identify the specific statute which the rule interprets
or implements;
(c) State the reasons why the petitioner believes that the
policy or interpretive statement, guideline, or document that
is of general applicability, or its equivalent, meets the definition of a rule under RCW 34.05.010 and should have been
adopted according to the procedures of this chapter;
(d) Identify any known judicial action regarding the policy or interpretive statement, guideline, or document that is of
general applicability, or its equivalent, or statutes identified
in the petition.
(5) Within ninety days of receipt of the petition, the rules
review committee shall make a final decision on the rule for
which the petition for review was not previously rejected.
[1998 c 21 § 3; 1996 c 318 § 7; 1995 c 403 § 502.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
34.05.660 Review and objection procedures—No
presumption established. It is the express policy of the legislature that establishment of procedures for review of administrative rules by the legislature and the notice of objection
required by RCW 34.05.630(3) and 34.05.640(2) in no way
serves to establish a presumption as to the legality or constitutionality of a rule in any subsequent judicial proceedings
interpreting such rules. [2001 c 64 § 2; 1988 c 288 § 606;
1981 c 324 § 10. Formerly RCW 34.04.260.]
34.05.660
(2010 Ed.)
Washington State Register Act of 1977
34.08.010
PART IX
TECHNICAL PROVISIONS
Additional notes found at www.leg.wa.gov
34.05.665
34.05.665 Submission of rule for review—State
employees protected. Any individual employed or holding
office in any department or agency of state government may
submit rules warranting review to the rules review committee. Any such state employee is protected under chapter
42.40 RCW. [1995 c 403 § 503.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
34.05.900 Captions and headings. Section captions
and subchapter headings used in this chapter do not constitute
any part of the law. [1988 c 288 § 703.]
34.05.900
34.05.901 Severability—1988 c 288. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1988 c 288 § 704.]
34.05.901
34.05.671
34.05.671 Reports—Advisory boards—Staff. (1) The
rules review committee may make reports from time to time
to the members of the legislature and to the public with
respect to any of its findings or recommendations. The committee shall keep complete minutes of its meetings.
(2) The committee may establish ad hoc advisory boards,
including but not limited to, ad hoc economics or science
advisory boards to assist the committee in its rules review
functions.
(3) The committee may hire staff as needed to perform
functions under this chapter. [1995 c 403 § 505.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
34.05.675
34.05.675 Inspection of properties—Oaths, subpoenas, witnesses, depositions. In the discharge of any duty
imposed under this chapter, the rules review committee may
examine and inspect all properties, equipment, facilities,
files, records, and accounts of any state office, department,
institution, board, committee, commission, or agency, and
administer oaths, issue subpoenas, compel the attendance of
witnesses and the production of any papers, books, accounts,
documents, and testimony, and cause the deposition of witnesses, either residing within or without the state, to be taken
in the manner prescribed by law for taking depositions in
civil actions in the superior courts. [1995 c 403 § 506.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
34.05.681
34.05.681 Enforcement—Committee subpoena—
Refusal to testify. In case of the failure on the part of any
person to comply with any subpoena issued in [on] behalf of
the rules review committee, or on the refusal of any witness
to testify to any matters regarding which he or she may be
lawfully interrogated, it is the duty of the superior court of
any county, or of the judge thereof, on application of the
committee, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a
subpoena issued from the court or a refusal to testify in the
court. [1995 c 403 § 507.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
34.05.902 Effective date—Application—1988 c 288.
RCW 34.05.001 through 34.05.902 shall take effect on July
1, 1989, and shall apply to all rule-making actions and agency
proceedings begun on or after that date. Rule-making actions
or other agency proceedings begun before July 1, 1989, shall
be completed under the applicable provisions of chapter
28B.19 or 34.04 RCW existing immediately before that date
in the same manner as if they were not amended by chapter
288, Laws of 1988 or repealed by section 701 of chapter 288,
Laws of 1988. [1988 c 288 § 705.]
34.05.902
Additional notes found at www.leg.wa.gov
34.05.903 Severability—1998 c 280. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1998 c 280 § 14.]
34.05.903
Chapter 34.08 RCW
WASHINGTON STATE REGISTER ACT OF 1977
Chapter 34.08
Sections
34.08.010
34.08.020
34.08.030
34.08.040
34.08.050
34.08.900
34.08.905
34.08.910
Legislative finding.
Washington State Register—Created—Publication period—
Contents.
Preparation and transmittal of material by agencies to code
reviser—Rules regarding.
Publication in register deemed official notice—Certification
of material.
Institutions of higher education considered state agencies for
certain purposes.
Short title.
Effective date—1977 ex.s. c 240.
Severability—1977 ex.s. c 240.
Regulatory Fairness Act: Chapter 19.85 RCW.
34.08.010 Legislative finding. The legislature finds
that a need exists to adequately inform the public on the conduct of the people’s business by state government, and that
providing adequate notice of the affairs of government
enables the public to actively participate in the conduct of
state government. The legislature further finds that the promulgation of rules by state agencies has a direct effect on the
ability of the people to conduct their personal affairs and
knowledgeably deal with state government. It is therefore the
intent and purpose of RCW 1.08.110 and 42.30.075 and of
this chapter to require the publication of a state register by
which the public will be adequately informed of the activities
of government and where they may actively participate in the
34.08.010
[Title 34 RCW—page 33]
34.08.020
Title 34 RCW: Administrative Law
conduct of state government and influence the decision making process of the people’s business. [1977 ex.s. c 240 § 1.]
34.08.020 Washington State Register—Created—
Publication period—Contents. There is hereby created a
state publication to be called the Washington State Register,
which shall be published on no less than a monthly basis. The
register shall contain, but is not limited to, the following
materials received by the code reviser’s office during the pertinent publication period:
(1)(a) The full text of any proposed new or amendatory
rule, as defined in RCW 34.05.010, and the citation of any
existing rules the repeal of which is proposed, prior to the
public hearing on such proposal. Such material shall be considered, when published, to be the official notification of the
intended action, and no state agency or official thereof may
take action on any such rule except on emergency rules
adopted in accordance with RCW 34.05.350, until twenty
days have passed since the distribution date of the register in
which the rule and hearing notice have been published or a
notice regarding the omission of the rule has been published
pursuant to RCW 34.05.210(4) as now or hereafter amended;
(b) The small business economic impact statement, if
required by RCW 19.85.030, preceding the full text of the
proposed new or amendatory rule;
(2) The full text of any new or amendatory rule adopted,
and the citation of any existing rule repealed, on a permanent
or emergency basis;
(3) Executive orders and emergency declarations of the
governor;
(4) Public meeting notices of any and all agencies of
state government, including state elected officials whose
offices are created by Article III of the state Constitution or
RCW 48.02.010;
(5) Rules of the state supreme court which have been
adopted but not yet published in an official permanent codification;
(6) Summaries of attorney general opinions and letter
opinions, noting the number, date, subject, and other information, and prepared by the attorney general for inclusion in
the register;
(7) Juvenile disposition standards and security guidelines proposed and adopted under RCW 13.40.030;
(8) Proposed and adopted rules of the commission on
judicial conduct;
(9) The maximum allowable rates of interest and retail
installment contract service charges filed by the state treasurer under RCW 19.52.025 and *63.14.135. In addition, the
highest rate of interest permissible for the current month and
the maximum retail installment contract service charge for
the current year shall be published in each issue of the register. The publication of the maximum allowable interest rate
established pursuant to RCW 19.52.025 shall be accompanied by the following advisement: NOTICE: FEDERAL
LAW PERMITS FEDERALLY INSURED FINANCIAL
INSTITUTIONS IN THE STATE TO CHARGE THE
HIGHEST R ATE OF INTERES T TH AT MAY B E
CHARGED BY ANY FINANCIAL INSTITUTION IN THE
STATE. THE MAXIMUM ALLOWABLE RATE OF
INTEREST SET FORTH ABOVE MAY NOT APPLY TO
A PARTICULAR TRANSACTION; and
34.08.020
[Title 34 RCW—page 34]
(10) A list of corporations dissolved during the preceding month filed by the secretary of state under chapter 23B.14
RCW. [1995 c 47 § 9; 1987 c 186 § 8; 1986 c 60 § 3; 1983 c
2 § 8. Prior: 1982 c 6 § 6; 1981 c 299 § 18; 1980 c 186 § 15;
1977 ex.s. c 240 § 3.]
*Reviser’s note: RCW 63.14.135 was repealed by 1995 c 249 § 1.
Schedule of regular meetings of state agencies: RCW 42.30.075.
Additional notes found at www.leg.wa.gov
34.08.030
34.08.030 Preparation and transmittal of material by
agencies to code reviser—Rules regarding. All material
included in the register pursuant to RCW 34.08.020 shall be
prepared by the appropriate agency or official and transmitted to the code reviser in accordance with rules adopted by
the code reviser prescribing the style, format, and numbering
system therefor, the date of receipt for inclusion within a particular register, and such other requirements as may be necessary for the orderly and efficient publication of the register
and the Washington Administrative Code. [1977 ex.s. c 240
§ 4.]
34.08.040
34.08.040 Publication in register deemed official
notice—Certification of material. The publication of any
information in the Washington State Register shall be
deemed to be official notice of such information, and publication in the register of such information and materials shall be
certified to be the true and correct copy of such rules or other
information as filed in the code reviser’s office. The code
reviser shall certify, to any court of record, the publication of
any notice or information, and attached to such certification
shall be the agency’s declaration of compliance with the provisions of the Open Public Meetings Act (chapter 42.30
RCW), the Administrative Procedure Act (chapter 34.05
RCW), and this chapter. [1989 c 175 § 31; 1977 ex.s. c 240
§ 5.]
Additional notes found at www.leg.wa.gov
34.08.050
34.08.050 Institutions of higher education considered
state agencies for certain purposes. For the purposes of the
state register and this chapter, an institution of higher education, as defined in RCW 34.05.010, shall be considered to be
a state agency. [1989 c 175 § 32; 1977 ex.s. c 240 § 6.]
Additional notes found at www.leg.wa.gov
34.08.900
34.08.900 Short title. This 1977 amendatory act may
be known as the Washington State Register Act of 1977.
[1977 ex.s. c 240 § 15.]
34.08.905
34.08.905 Effective date—1977 ex.s. c 240. This 1977
amendatory act shall take effect January 1, 1978. [1977 ex.s.
c 240 § 16.]
34.08.910
34.08.910 Severability—1977 ex.s. c 240. If any provision of this 1977 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 240 § 17.]
(2010 Ed.)
Office of Administrative Hearings
Chapter 34.12 RCW
OFFICE OF ADMINISTRATIVE HEARINGS
Chapter 34.12
Sections
34.12.010
34.12.020
34.12.030
34.12.035
34.12.036
34.12.037
34.12.038
34.12.039
34.12.040
34.12.050
34.12.060
34.12.070
34.12.080
34.12.090
34.12.100
34.12.110
34.12.120
34.12.130
34.12.140
34.12.150
34.12.160
Office created—Conduct of hearings—Chief administrative
law judge, appointment, term, qualifications, removal.
Definitions.
Administrative law judges—Appointment and contractual
basis—Clerical personnel—Discipline and termination of
administrative law judges—Civil service—Rules for operation of office.
State patrol disciplinary hearings.
Landlord-tenant proceedings.
Human rights commission proceedings.
Local government whistleblower proceedings.
Local government whistleblower proceedings—Costs.
Hearings conducted by administrative law judges—Criteria
for assignment.
Administrative law judge—Motion of prejudice against—
Request for assignment of.
Initial decision or proposal for decision—Findings of fact and
conclusions of law—Inapplicability to state patrol disciplinary hearings.
Record of hearings.
Procedural conduct of hearings—Rules.
Transfer of employees and equipment.
Salaries.
Application of chapter.
Appointment of chief administrative law judge.
Administrative hearings revolving fund—Created, purposes.
Transfers and payments into revolving fund—Limitation on
employment security department payments—Allotment by
director of financial management—Disbursements from
fund by voucher.
Accounting procedures.
Direct payments by agencies, when authorized.
Bilingual services for non-English speaking public assistance applicants and
recipients: RCW 74.04.025.
34.12.010 Office created—Conduct of hearings—
Chief administrative law judge, appointment, term, qualifications, removal. A state office of administrative hearings
is hereby created. The office shall be independent of state
administrative agencies and shall be responsible for impartial
administration of administrative hearings in accordance with
the legislative intent expressed by this chapter. Hearings shall
be conducted with the greatest degree of informality consistent with fairness and the nature of the proceeding. The office
shall be under the direction of a chief administrative law
judge, appointed by the governor with the advice and consent
of the senate, for a term of five years. The person appointed
is required, as a condition of appointment, to be admitted to
practice law in the state of Washington, and may be removed
for cause. [1981 c 67 § 1.]
34.12.010
Additional notes found at www.leg.wa.gov
34.12.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrative law judge" means any person
appointed by the chief administrative law judge to conduct or
preside over hearings as provided in this chapter.
(2) "Hearing" means an adjudicative proceeding within
the meaning of RCW 34.05.010(1) conducted by a state
agency under RCW 34.05.413 through 34.05.476.
(3) "Office" means the office of administrative hearings.
(4) "State agency" means any state board, commission,
department, or officer authorized by law to make rules or to
conduct adjudicative proceedings, except those in the legislative or judicial branches, the growth management hearings
34.12.020
(2010 Ed.)
34.12.035
board, the utilities and transportation commission, the pollution control hearings board, the shorelines hearings board, the
forest practices appeals board, the *environmental hearings
office, the board of industrial insurance appeals, the Washington personnel resources board, the public employment
relations commission, and the board of tax appeals. [2010 c
211 § 16; 2002 c 354 § 226; 1995 c 331 § 1; 1994 c 257 § 22;
1993 c 281 § 16; 1989 c 175 § 33; 1982 c 189 § 1; 1981 c 67
§ 2.]
Reviser’s note: *(1) The "environmental hearings office" was renamed
the "environmental and land use hearings office" by 2010 c 210 § 4, effective
July 1, 2011.
(2) The definitions in this section have been alphabetized pursuant to
RCW 1.08.015(2)(k).
Effective date—Transfer of power, duties, and functions—2010 c
211: See notes following RCW 36.70A.250.
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Additional notes found at www.leg.wa.gov
34.12.030 Administrative law judges—Appointment
and contractual basis—Clerical personnel—Discipline
and termination of administrative law judges—Civil service—Rules for operation of office. (1) The chief administrative law judge shall appoint administrative law judges to
fulfill the duties prescribed in this chapter. All administrative
law judges shall have a demonstrated knowledge of administrative law and procedures. The chief administrative law
judge may establish different levels of administrative law
judge positions.
(2) The chief administrative law judge may also contract
with qualified individuals to serve as administrative law
judges for specified hearings. Such individuals shall be compensated for their services on a contractual basis for each
hearing, in accordance with chapter 43.88 RCW. The chief
administrative law judge may not contract with any individual who is at that time an employee of the state.
(3) The chief administrative law judge may appoint such
clerical and other specialized or technical personnel as may
be necessary to carry on the work of this chapter.
(4) The administrative law judges appointed under subsection (1) of this section are subject to discipline and termination, for cause, by the chief administrative law judge. Upon
written request by the person so disciplined or terminated, the
chief administrative law judge shall forthwith put the reasons
for such action in writing. The person affected has a right of
review by the superior court of Thurston county on petition
for reinstatement or other remedy filed within thirty days of
receipt of such written reasons.
(5) All employees of the office except the chief administrative law judge and the administrative law judges are subject to chapter 41.06 RCW.
(6) The office may adopt rules for its own operation and
in furtherance of this chapter in accordance with chapter
34.05 RCW. [1981 c 67 § 3.]
34.12.030
Additional notes found at www.leg.wa.gov
34.12.035 State patrol disciplinary hearings. The
chief administrative law judge shall designate an administrative law judge to serve, as the need arises, as presiding officer
34.12.035
[Title 34 RCW—page 35]
34.12.036
Title 34 RCW: Administrative Law
in state patrol disciplinary hearings conducted under RCW
43.43.090. [1984 c 141 § 6.]
judge for the purpose of conducting a rule-making or investigatory proceeding. [1981 c 67 § 5.]
Additional notes found at www.leg.wa.gov
34.12.036 Landlord-tenant proceedings. When
requested by the attorney general, the chief administrative
law judge shall assign an administrative law judge to conduct
proceedings under Title 59 RCW. [2007 c 431 § 9.]
34.12.036
Implementation—2007 c 431: See note following RCW 59.30.010.
34.12.037 Human rights commission proceedings.
When requested by the state human rights commission, the
chief administrative law judge shall assign an administrative
law judge to conduct proceedings under chapter 49.60 RCW.
[1985 c 185 § 29.]
34.12.037
34.12.038 Local government whistleblower proceedings. When requested by a local government, the chief
administrative law judge shall assign an administrative law
judge to conduct proceedings under chapter 42.41 RCW.
[1992 c 44 § 8.]
34.12.038
Additional notes found at www.leg.wa.gov
34.12.060 Initial decision or proposal for decision—
Findings of fact and conclusions of law—Inapplicability
to state patrol disciplinary hearings. When an administrative law judge presides at a hearing under this chapter and a
majority of the officials of the agency who are to render the
final decision have not heard substantially all of the oral testimony and read all exhibits submitted by any party, it shall
be the duty of such judge, or in the event of his unavailability
or incapacity, of another judge appointed by the chief administrative law judge, to issue an initial decision or proposal for
decision including findings of fact and conclusions of law in
accordance with RCW 34.05.461 or 34.05.485. However,
this section does not apply to a state patrol disciplinary hearing conducted under RCW 43.43.090. [1989 c 175 § 34;
1984 c 141 § 7; 1982 c 189 § 2; 1981 c 67 § 6.]
34.12.060
Additional notes found at www.leg.wa.gov
34.12.070 Record of hearings. The chief administrative law judge may establish a method of making a record of
all hearings and may employ or contract in order to implement such method. [1981 c 67 § 7.]
34.12.070
34.12.039 Local government whistleblower proceedings—Costs. Costs for the services of the office of administrative hearings for the initial twenty-four hours of services
on a hearing under chapter 42.41 RCW shall be billed to the
local government administrative hearings account. Costs for
services beyond the initial twenty-four hours of services shall
be allocated to the parties by the administrative law judge, the
proportion to be borne by each party at the discretion of the
administrative law judge. The charges for these costs shall be
billed to the affected local government that shall recover payment from any other party specified by the administrative law
judge. [1992 c 44 § 9.]
34.12.039
Additional notes found at www.leg.wa.gov
34.12.040 Hearings conducted by administrative law
judges—Criteria for assignment. Whenever a state agency
conducts a hearing which is not presided over by officials of
the agency who are to render the final decision, the hearing
shall be conducted by an administrative law judge assigned
under this chapter. In assigning administrative law judges,
the chief administrative law judge shall wherever practical
(1) use personnel having expertise in the field or subject matter of the hearing, and (2) assign administrative law judges
primarily to the hearings of particular agencies on a longterm basis. [1981 c 67 § 4.]
34.12.040
Additional notes found at www.leg.wa.gov
34.12.050 Administrative law judge—Motion of
prejudice against—Request for assignment of. (1) Any
party to a hearing being conducted under the provisions of
this chapter (including the state agency, whether or not it is
nominally a party) may file with the chief administrative law
judge a motion of prejudice, with supporting affidavit,
against the administrative law judge assigned to preside at the
hearing. The first such motion filed by any party shall be
automatically granted.
(2) Any state agency may request from the chief administrative law judge the assignment of an administrative law
34.12.050
[Title 34 RCW—page 36]
Additional notes found at www.leg.wa.gov
34.12.080 Procedural conduct of hearings—Rules.
All hearings shall be conducted in conformance with the
Administrative Procedure Act, chapter 34.05 RCW. After
consultation with affected agencies, the chief administrative
law judge may promulgate rules governing the procedural
conduct of the hearings. Such rules shall seek the maximum
procedural uniformity in agency hearings consistent with
demonstrable needs for individual agency variation. [1981 c
67 § 8.]
34.12.080
Additional notes found at www.leg.wa.gov
34.12.090 Transfer of employees and equipment. (1)
All state employees who have exclusively or principally conducted or presided over hearings for state agencies prior to
July 1, 1982, shall be transferred to the office.
(2) All state employees who have exclusively or principally served as support staff for those employees transferred
under subsection (1) of this section shall be transferred to the
office.
(3) All equipment or other tangible property in possession of state agencies, used or held exclusively or principally
by personnel transferred under subsection (1) of this section
shall be transferred to the office unless the office of financial
management, in consultation with the head of the agency and
the chief administrative law judge, determines that the equipment or property will be more efficiently used by the agency
if such property is not transferred. [1981 c 67 § 9.]
34.12.090
Additional notes found at www.leg.wa.gov
34.12.100 Salaries. The chief administrative law judge
shall be paid a salary fixed by the governor after recommendation of the department of personnel. The salaries of administrative law judges appointed under the terms of this chapter
34.12.100
(2010 Ed.)
Office of Administrative Hearings
shall be determined by the chief administrative law judge
after recommendation of the department of personnel. [2010
1st sp.s. c 7 § 3; 1986 c 155 § 10; 1981 c 67 § 10.]
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Additional notes found at www.leg.wa.gov
34.12.110
34.12.110 Application of chapter. The creation of the
office of administrative hearings and the transfer of duties
and personnel under this chapter shall not affect the validity
of any rule, action, decision, or proceeding held or promulgated by any state agency before July 1, 1982. This chapter
applies to hearings occurring after July 1, 1982. [1981 c 67 §
11.]
Additional notes found at www.leg.wa.gov
34.12.120
34.12.120 Appointment of chief administrative law
judge. The governor shall appoint the chief administrative
law judge. [1989 c 175 § 35; 1981 c 67 § 12.]
Additional notes found at www.leg.wa.gov
34.12.130
34.12.130 Administrative hearings revolving fund—
Created, purposes. The administrative hearings revolving
fund is hereby created in the state treasury for the purpose of
centralized funding, accounting, and distribution of the actual
costs of the services provided to agencies of the state government by the office of administrative hearings. [1982 c 189 §
9.]
34.12.160
Disbursements from the administrative hearings revolving fund shall be pursuant to vouchers executed by the chief
administrative law judge or his designee. [1982 c 189 § 10.]
Additional notes found at www.leg.wa.gov
34.12.150 Accounting procedures. The chief administrative law judge shall keep such records as are necessary to
facilitate proper allocation of costs to funds and agencies
served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and agencies served. Billings shall be
adjusted in line with actual costs incurred at intervals not to
exceed six months. [1982 c 189 § 11.]
34.12.150
Additional notes found at www.leg.wa.gov
34.12.160 Direct payments by agencies, when authorized. In cases where there are unanticipated demands for
services of the office of administrative hearings or where
there are insufficient funds on hand or available for payment
through the administrative hearings revolving fund or in
other cases of necessity, the chief administrative law judge
may request payment for services directly from agencies for
whom the services are performed to the extent that revenues
or other funds are available. Upon approval by the director of
financial management, the agency shall make the requested
payment. The payment may be made on either an advance or
reimbursable basis as approved by the director of financial
management. [1982 c 189 § 12.]
34.12.160
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
34.12.140
34.12.140 Transfers and payments into revolving
fund—Limitation on employment security department
payments—Allotment by director of financial management—Disbursements from fund by voucher. The
amounts to be disbursed from the administrative hearings
revolving fund from time to time shall be transferred thereto
by the state treasurer from funds appropriated to any and all
agencies for administrative hearings expenses on a quarterly
basis. Agencies operating in whole or in part from nonappropriated funds shall pay into the administrative hearings
revolving fund such funds as will fully reimburse funds
appropriated to the office of administrative hearings for any
services provided activities financed by nonappropriated
funds. The funds from the employment security department
for the administrative hearings services provided by the
office of administrative hearings shall not exceed that portion
of the resources provided to the employment security department by the department of labor, employment and training
administration, for such administrative hearings services. To
satisfy department of labor funding requirements, the office
of administrative hearings shall meet or exceed timeliness
standards under federal regulations in the conduct of employment security department appeals.
The director of financial management shall allot all such
funds to the office of administrative hearings for the operation of the office, pursuant to appropriation, in the same manner as appropriated funds are allocated to other agencies
under chapter 43.88 RCW.
(2010 Ed.)
[Title 34 RCW—page 37]
Title 35
Chapters
35.01
35.02
35.06
35.07
35.10
35.13
35.13A
35.13B
35.14
35.16
35.17
35.18
35.20
35.21
35.22
35.23
35.27
35.30
35.31
35.32A
35.33
35.34
35.36
35.37
35.38
35.39
35.40
35.41
35.42
35.43
35.44
35.45
35.47
35.48
35.49
35.50
35.51
35.53
35.54
35.55
35.56
35.57
35.58
(2010 Ed.)
Title 35
CITIES AND TOWNS
Municipal corporations classified.
Incorporation proceedings.
Advancement of classification.
Disincorporation.
Consolidation and annexation of cities and
towns.
Annexation of unincorporated areas.
Water or sewer districts—Assumption of jurisdiction.
Taxing authority on water-sewer districts.
Community municipal corporations.
Reduction of city limits.
Commission form of government.
Council-manager plan.
Municipal courts—Cities over four hundred
thousand.
Miscellaneous provisions.
First-class cities.
Second-class cities.
Towns.
Unclassified cities.
Accident claims and funds.
Budgets in cities over three hundred thousand.
Budgets in second and third-class cities, towns,
and first-class cities under three hundred
thousand.
Biennial budgets.
Execution of bonds by proxy—First-class cities.
Fiscal—Cities under twenty thousand and cities other than first class—Bonds.
Fiscal—Depositaries.
Fiscal—Investment of funds.
Fiscal—Validation and funding of debts.
Fiscal—Municipal revenue bond act.
Leases.
Local improvements—Authority—Initiation
of proceedings.
Local improvements—Assessments and reassessments.
Local improvements—Bonds and warrants.
Local improvements—Procedure for cancellation of nonguaranteed bonds.
Local improvements—Nonguaranteed bonds.
Local improvements—Collection of assessments.
Local improvements—Foreclosure of assessments.
Local improvements—Classification of property—Reserve funds.
Local improvements—Disposition of property
acquired.
Local improvements—Guaranty funds.
Local improvements—Filling lowlands.
Local improvements—Filling and draining
lowlands—Waterways.
Public facilities districts.
Metropolitan municipal corporations.
35.59
35.60
35.61
35.62
35.63
35.64
35.66
35.67
35.68
35.69
35.70
35.71
35.72
35.73
35.74
35.75
35.76
35.77
35.78
35.79
35.80
35.80A
35.81
35.82
35.83
35.84
35.85
35.86
35.86A
35.87A
35.88
35.89
35.91
35.92
35.94
35.95
35.95A
35.96
35.97
35.98
35.99
35.100
35.101
35.102
35.103
35.104
Multi-purpose community centers.
World fairs or expositions—Participation by
municipalities.
Metropolitan park districts.
Name—Change of.
Planning commissions.
Zoos and aquariums.
Police matrons.
Sewerage systems—Refuse collection and disposal.
Sidewalks, gutters, curbs, and driveways—All
cities and towns.
Sidewalks—Construction, reconstruction in
first and second-class cities.
Sidewalks—Construction in second-class cities
and towns.
Pedestrian malls.
Contracts for street, road, and highway
projects.
Street grades—Sanitary fills.
Streets—Drawbridges.
Streets—Bicycles—Paths.
Streets—Budget and accounting.
Streets—Planning, establishment, construction, and maintenance.
Streets—Classification and design standards.
Streets—Vacation.
Unfit dwellings, buildings, and structures.
Condemnation of blighted property.
Community renewal law.
Housing authorities law.
Housing cooperation law.
Utility and other services beyond city limits.
Viaducts, elevated roadways, tunnels and subways.
Off-street parking facilities.
Off-street parking—Parking commissions.
Parking and business improvement areas.
Water pollution—Protection from.
Water redemption bonds.
Municipal water and sewer facilities act.
Municipal utilities.
Sale or lease of municipal utilities.
Public transportation systems in municipalities.
City transportation authority—Monorail
transportation.
Electric and communication facilities—Conversion to underground.
Heating systems.
Construction.
Telecommunications, cable television service—
Use of right-of-way.
Downtown and neighborhood commercial districts.
Tourism promotion areas.
Municipal business and occupation tax.
Fire departments—Performance measures.
Health sciences and services authorities.
[Title 35 RCW—page 1]
Title 35
35.105
35.106
Title 35 RCW: Cities and Towns
Urban forest management.
Crime-free rental housing.
Acquisition of
open space, etc., land or rights to future development by counties, cities or
metropolitan municipal corporations, tax levy: RCW 84.34.200
through 84.34.240, 84.52.010.
property for state highway purposes: RCW 47.12.040.
real or personal property, executory conditional sales contracts for: RCW
39.30.010.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Adjoining state, eminent domain for watershed: RCW 8.28.050.
Affordable housing developments: Chapter 36.130 RCW.
Airport zoning: Chapter 14.12 RCW.
Airports, generally: Chapters 14.07, 14.08 RCW.
Alcoholism, private establishments and institutions, prescription of standards: RCW 71.12.550.
Armories, powers concerning: RCW 36.64.050, 38.20.020.
Assessments and charges against state lands: Chapter 79.44 RCW.
Assessor’s plats: Chapter 58.18 RCW.
Associations of municipal corporations or municipal officers to furnish
information to legislature and governor: RCW 44.04.170.
Auditing false claim, penalty: RCW 42.20.060.
Bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
Blind made products, purchase of by cities and towns authorized: RCW
19.06.020.
Board of eminent domain commissioners, appointment of: RCW 8.12.260.
Bonds
airports: RCW 14.08.112.
declaratory judgments: Chapter 7.25 RCW.
eminent domain by cities: Chapter 8.12 RCW.
form, terms, maturity: Chapter 39.44 RCW.
industrial development: Chapter 39.84 RCW.
juvenile correctional institution, authorized investment: RCW 72.19.120.
mutual savings banks, authorized investment for: RCW 32.20.070,
32.20.090, 32.20.100.
refunding of: Chapter 39.53 RCW.
savings and loan associations, authorized investment: RCW 33.24.060,
33.24.070.
statewide city employees’ retirement system funds, investment in: RCW
41.44.100.
United States, sale of bonds to at private sale: Chapter 39.48 RCW.
utility or waterworks, refunding with general obligation funding bonds:
Chapter 39.53 RCW.
Boundaries and plats: Title 58 RCW.
Boundary review board, extension of water and sewer service beyond corporate boundaries to go before: RCW 36.93.090.
Bribery of public officer: State Constitution Art. 2 § 30.
Bridges
as part of state highway system: Chapter 47.24 RCW.
eminent domain for: RCW 8.12.030.
Buildings
earthquake standards for construction: Chapter 70.86 RCW.
newly constructed, appraisal by assessor: RCW 36.21.070 and 36.21.080.
Burial of dead, authority to provide for: RCW 68.52.030.
Camping resort contracts—Nonapplicability of certain laws to—Club not
subdivision except under city, county powers: RCW 19.105.510.
Cemeteries: Title 68 RCW.
Charters
alternative propositions, submission of: State Constitution Art. 11 § 10
(Amendment 40).
amendment by special law prohibited: State Constitution Art. 2 § 28(8).
power of certain cities to frame, procedure: State Constitution Art. 11 §
10 (Amendment 40).
[Title 35 RCW—page 2]
City and town treasurers’ duties under Washington Clean Air Act: RCW
70.94.094.
City attorney
eminent domain by cities, military purposes, for, duties: RCW 8.04.170,
8.04.180.
food, drug and cosmetic act violations, prosecution by: RCW 69.04.160.
City council, unincorporated towns on United States land, powers of review:
RCW 58.28.520.
City engineer, tidelands and shorelands, records of plats filed with: RCW
79.125.040.
City halls, jointly with county courthouses: RCW 36.64.010 through
36.64.040.
City treasurer
bonds, compensation payment in eminent domain proceedings, liability
on: RCW 8.12.500.
cemetery improvement funds, deposit with: RCW 68.52.050.
cities of first class, employees’ retirement fund custodian: RCW
41.28.080.
city street fund, notice of illegal use: RCW 47.08.100.
firefighters’ pension board member: RCW 41.16.020.
misappropriation of funds: RCW 42.20.090.
moneys to be deposited with treasurer: State Constitution Art. 11 § 15.
motor vehicle funds, distribution to: RCW 46.68.080.
police relief and pension board member: RCW 41.20.010.
use of money by official: State Constitution Art. 11 § 14.
Civil service, generally: Title 41 RCW.
Claims
auditing and paying false claim, penalty: RCW 42.20.060.
contracts and liabilities incurred in violation of indebtedness limitations
are void: RCW 39.36.040.
Classification by population: State Constitution Art. 11 § 10 (Amendment
40).
Clerks
city streets as part of state highway system certified to clerk: RCW
47.24.010.
firefighters’ pension board member: RCW 41.16.020.
ordinances recorded by: RCW 5.44.080.
police relief and pension board of trustees member: RCW 41.20.010.
volunteer firefighters’ relief and pension board of trustees, member of:
RCW 41.24.060.
Code of ethics for
municipal officers—Contract interests: Chapter 42.23 RCW.
public officers and employees: Chapter 42.52 RCW.
Commission form, nonpartisan primaries: Chapter 29A.52 RCW.
Community facilities districts: Chapter 36.145 RCW.
Comptroller
first-class cities retirement system, duties of: RCW 41.28.040, 41.28.080.
member firefighters’ relief and pension boards: RCW 41.16.020,
41.16.040.
member volunteer firefighters’ board of trustees: RCW 41.24.060,
41.24.070.
Conditional sales contracts for purchase of real or personal property: RCW
39.30.010.
Continuity of government in event of enemy attack, succession to office of
executive heads: RCW 42.14.050.
Contractors’ registration, exemption from: RCW 18.27.090(1).
Contracts
for purchase of real or personal property: RCW 39.30.010.
indebtedness limitations, contracts made in violation of, void: RCW
39.36.040.
joint city halls with county courthouses: RCW 36.64.010 through
36.64.040.
parks and recreation cooperation: RCW 67.20.020.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Corporate stock or bonds not to be owned by: State Constitution Art. 8 § 7.
Corporation counsel, eminent domain by cities, military purposes, for: RCW
8.04.170, 8.04.180.
Counties, city harbor in two counties, effect upon assessments: RCW
36.08.030.
(2010 Ed.)
Cities and Towns
County highways, open spaces in cities and towns: Chapter 36.89 RCW.
County property, transfer to municipality, approval necessary: RCW
36.34.280.
County roads and bridges, assistance in finances: RCW 36.76.110.
County sewerage, water and drainage systems, authority, procedure: Chapter 36.94 RCW.
Courthouses, jointly with city halls: RCW 36.64.010 through 36.64.040.
Creation by special act prohibited: State Constitution Art. 2 § 28(8).
Credit card use by local governments: RCW 43.09.2855.
Credit not to be loaned: State Constitution Art. 8 § 7.
Crimes
civil rights, denial by: RCW 9.91.010.
gambling: Chapters 9.46, 9.47 RCW.
Dams, ditches, etc., restrictions for purpose of fish conservation: Chapter
77.55 RCW.
Diking and drainage districts: Chapters 85.05, 86.09 RCW.
Drainage districts, inclusion within: RCW 85.06.230.
Earthquake standards for construction: Chapter 70.86 RCW.
Elective officers, recall: State Constitution Art. 1 §§ 33, 34 (Amendment 8),
chapter 29A.56 RCW.
Electors, qualifications of: State Constitution Art. 6 § 1 (Amendment 63).
Electric
energy, falling waters—Sale or purchase authorized: RCW 43.52.410.
franchises and rights-of-way: Chapter 80.32 RCW.
revenue bonds, mutual savings banks, investment in: RCW 32.20.070,
32.20.100.
Electrical
apparatus use and construction rules, violation of, penalty: RCW
19.29.050.
installations, requirements and inspection: Chapter 19.28 RCW.
utilities, franchises for electrical utilities on streets: RCW 80.32.010.
Electricity, steam generation: RCW 43.21A.610 through 43.21A.642.
Elevators, lifting devices, and moving walks: Chapter 70.87 RCW.
Emergency vehicle, authorized, defined: RCW 46.04.040.
Eminent domain
bridges, for: RCW 8.12.030, 47.24.030.
generally: State Constitution Art. 1 § 16 (Amendment 9), Title 8 RCW.
limited access streets, acquisition of land, by: RCW 47.52.050.
state lands: RCW 8.12.030, 8.12.080, 79.10.070.
streets and highways, wharves and bridges for state highway purposes:
RCW 47.24.030.
watersheds, state land: RCW 79.10.070.
Fees, special permits for motor vehicle oversize or overweight movement,
fees paid to cities and towns, when: RCW 46.44.096.
Ferries, joint acquisition with counties: RCW 36.54.020.
Financing procedures, validation: Chapter 39.90 RCW.
Fines
payment into police relief and pension fund: RCW 41.20.130.
superior court jurisdiction to determine legality of: RCW 2.08.010.
supreme court jurisdiction to determine legality of: RCW 2.04.010.
Fire department vehicles, lighting, plates: RCW 46.37.184 through
46.37.188 and 46.37.190.
Firefighters
chief as member of volunteer firefighters’ relief and pension board of
trustees: RCW 41.24.060.
civil service, qualifications of applicants for positions: RCW 41.08.070.
jury duty, exemption from: RCW 2.36.080.
militia duty, exemption: RCW 38.44.030.
Firefighters’ retirement and pension acts: Chapters 41.16, 41.18, 41.24
RCW.
Fire prevention, areas withdrawn from fire protection and emergency medical districts: RCW 52.08.035.
Fire protection districts
annexed to or incorporated into city or town, firefighters’ retirement and
job security rights protected: RCW 41.16.250.
joint operation: RCW 52.08.035.
(2010 Ed.)
Title 35
withdrawal from: RCW 52.08.025.
Fireworks, permit for: RCW 70.77.260.
First-class cities
birth and death records, furnishing of, fees: RCW 70.58.107.
elections, names of candidates, order on ballots: RCW 29A.52.210
elections, nonpartisan primaries: Chapter 29A.52 RCW.
harbor improvements, joint planning authorized: RCW 88.32.240,
88.32.250.
public health pooling fund: Chapter 70.12 RCW.
retirement and pensions: Chapter 41.28 RCW.
taxes, collection by county treasurer: RCW 36.29.100, 36.29.110.
vital statistics, primary registration district: RCW 70.58.010.
Flood control
benefits, liability for: RCW 86.09.529.
maintenance, state participation in: Chapter 86.26 RCW.
Food and beverage workers’ permits: Chapter 69.06 RCW.
Fourth-class cities (see Towns, chapter 35.27 RCW).
Franchises and privileges
bridges jointly owned or operated with state: RCW 47.44.040.
electric franchises and rights-of-way on city streets: RCW 80.32.010.
Fresh pursuit, uniform act: Chapter 10.89 RCW.
Funds
assessment fund for compensation of eminent domain damages by city to
be kept separate: RCW 8.12.480.
city street fund, established, use: RCW 47.24.040.
city street fund, illegal use of, procedure to correct: RCW 47.08.100.
current expense, sale of unclaimed property: RCW 63.32.030.
general, justice and inferior courts act of 1961, bail forfeitures paid into:
RCW 3.30.090.
general, police officers’ relief and pension fund, surplus paid into general
fund: RCW 41.20.140.
motor vehicle fund, purposes authorized for use: RCW 36.82.070.
police pension, surplus funds to general fund: RCW 41.20.140.
police pension fund, sale of unclaimed property: RCW 63.32.030.
public health pooling fund, generally: Chapter 70.12 RCW.
statewide city employees’ retirement fund: RCW 41.44.100.
street, county road and bridge violations, fines paid into: RCW 36.82.210.
street, directional signs, paid from: RCW 47.36.040.
Gambling activities, cities or towns, as affecting: Chapter 9.46 RCW.
Garbage, eminent domain by cities for garbage dumps: RCW 8.12.030.
Grand jury, inquiry as to misconduct: RCW 10.27.100.
Harbor areas lying in two or more counties, transfer of territory: Chapter
36.08 RCW.
Harbor improvements, joint planning for by first-class cities and counties:
RCW 88.32.240, 88.32.250.
Harbor line commission and restraint on disposition: State Constitution Art.
15 § 1 (Amendment 15).
Health departments
generally: Chapters 70.05 and 70.08 RCW.
individuals with mental illness: Chapter 43.20A RCW.
vital statistics: Chapter 70.58 RCW, RCW 70.58.107.
Health districts: Chapter 70.46 RCW.
Hearses, authority to provide: RCW 68.52.030.
Highway advertising control act of 1961 restricts placing of signs by: Chapter 47.42 RCW.
Highway funds, allocation of: State Constitution Art. 2 § 40 (Amendment
18).
Highways
abandoned, transfer to city or town: RCW 36.75.090.
franchises: Chapter 47.44 RCW.
return of street to city or town: RCW 47.24.010.
roads or streets, cooperative agreements to benefit: RCW 47.28.140.
sale, lease or gift of municipally owned land to state for, without bids:
RCW 47.12.040.
vertical clearances over: RCW 46.44.020.
Historical materials, expenditure of funds for preservation and exhibition of
authorized: RCW 27.48.010.
[Title 35 RCW—page 3]
Title 35
Title 35 RCW: Cities and Towns
Hospitalization and medical aid for public employees and dependents, premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Hospitals
eminent domain for: RCW 8.12.030.
for individuals with mental illness, private establishments, prescription of
standards: RCW 71.12.550.
joint operation with counties: RCW 36.62.030, 36.62.110.
Incorporation
fire protection districts, effect upon: RCW 52.08.021, 52.08.035.
general laws, must be under: State Constitution Art. 11 § 10 (Amendment
40).
Indebtedness
bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
computation of: RCW 39.36.030.
eminent domain, contracting indebtedness to pay compensation for, reimbursement from local assessments: RCW 8.12.250.
limitations upon: State Constitution Art. 7 § 2 (Amendments 55, 59), Art.
8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 39.52.020,
84.52.050.
Industrial development revenue bonds: Chapter 39.84 RCW.
Insurance companies, excise or privilege taxes, state preemption: RCW
48.14.020(4).
Intergovernmental disposition of property: Chapter 39.33 RCW.
Investment
by mutual savings banks in bonds and warrants of: RCW 32.20.070,
32.20.120.
by savings and loan associations in bonds or warrants of: RCW
33.24.050.
of municipal funds in savings and loan associations by county or other
municipal corporation treasurer authorized: RCW 36.29.020.
of public and trust funds in federal agency bonds: Chapter 39.60 RCW.
Jails
city and county jails act: Chapter 70.48 RCW.
eminent domain for: RCW 8.12.030.
working of prisoners permitted: RCW 9.92.130.
Joint governmental activities: Chapter 36.64 RCW.
Joint operating agencies for electric power: Chapter 43.52 RCW.
Joint operations by municipal corporations, deposit and control of funds:
RCW 43.09.285.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
Judicial officers, inferior, powers: RCW 2.28.090.
Labor relations consultants: RCW 43.09.230.
Legal publications: Chapter 65.16 RCW.
Libraries, conditional sales contracts by cities and towns for purchase of
property for libraries authorized, vote required if exceeds indebtedness: RCW 39.30.010.
Library service, contracts for authorized: RCW 27.12.180.
Library trustees, removal of: RCW 27.12.190.
Licenses, exemptions: RCW 36.71.090.
Liens for
employees for contributions to benefit plans: Chapter 60.76 RCW.
labor and materials on public works: Chapter 60.28 RCW.
Limitation of actions, application of statute of limitations to actions by:
RCW 4.16.160.
Limitation on tax levies: State Constitution Art. 7 § 2 (Amendments 55, 59),
RCW 84.52.050.
Local adopt-a-highway programs: RCW 47.40.105.
Lost and found property: Chapter 63.21 RCW.
Markets and marketing, eminent domain by cities for: RCW 8.12.030.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.140.110.
Mayor
agent to receive summons: RCW 4.28.080.
bonds, signing of: RCW 39.52.020.
cemetery board, appointment by: RCW 68.52.045.
[Title 35 RCW—page 4]
cemetery improvement fund, indorsement by of payments from: RCW
68.52.050.
district court districting committee: RCW 3.38.010.
firefighters’ pension board, member of: RCW 41.16.020.
issuance of search warrant by for violation of cigarette tax: RCW
82.24.190.
notification to of illegal use of city road funds: RCW 47.08.100.
police relief and pension board of trustees, member of: RCW 41.20.010.
public works contractor’s bond, liability of mayor for failure to take:
RCW 39.08.015.
state limited access facility through city or town, board of review to review
plan, mayor to appoint members of: RCW 47.52.150.
volunteer firefighters’ relief and pension board member: RCW 41.24.060.
Meetings of governmental bodies, open to public: Chapter 42.30 RCW.
Mental health and retardation services—Interstate contracts by cities in
boundary counties: RCW 71.28.010.
Militia and military affairs, eminent domain for military purposes: RCW
8.04.170, 8.04.180.
Minutes of governmental bodies, open to public: Chapter 42.32 RCW.
Misconduct of public officers: Chapter 42.20 RCW.
Motor vehicle excise fund, preemption by state: RCW 82.36.440.
Motor vehicle fuel tax
distribution of proceeds to: RCW 82.36.020.
refunds for urban transportation systems: RCW 82.36.275.
Motor vehicle fund, allocation of and distribution: RCW 46.68.110.
Motor vehicle inspection by: Chapter 46.32 RCW.
Motor vehicles, special permits for oversize or overweight movements, collection of fees: RCW 46.44.096.
Municipal courts
authorization, establishment, generally: Chapter 3.50 RCW.
jurisdiction: State Constitution Art. 4 §§ 4, 6 (Amendment 28).
legislature may provide: State Constitution Art. 4 § 1.
traffic school for offenders, court may compel attendance: RCW
46.83.050.
Municipalities—Energy audits and efficiency: RCW 43.19.691.
Nuisances
powder magazine nearby is public nuisance, when: RCW 7.48.140.
public: Chapter 9.66 RCW.
Officers and employees
actions against, venue: RCW 4.12.020(2).
code of ethics—Contracts: Chapter 42.23 RCW.
code of ethics—State agencies and legislative employees: Chapter 42.52
RCW.
continuity of government in event of enemy attack, succession: RCW
42.14.050.
eligibility to hold office: RCW 42.04.020.
hospitalization and medical aid for employees and dependents: RCW
41.04.180, 41.04.190.
hours of labor: Chapter 49.28 RCW.
jury duty, exemption from: RCW 2.36.080.
military leave: RCW 38.40.060.
minimum wage: RCW 49.46.010(5).
misconduct, penalty: Chapter 42.20 RCW.
public moneys deposited with treasurer: State Constitution Art. 11 § 15.
salaries, not be changed during term: State Constitution Art. 11 § 8
(Amendment 57).
subversive activities: Chapter 9.81 RCW.
term not to be extended: State Constitution Art. 11 § 8 (Amendment 57).
use of public money by, felony: State Constitution Art. 11 § 14.
vacancies: Chapter 42.12 RCW.
Official bonds
payment of premiums: RCW 48.28.040.
security to city or town: Chapter 42.08 RCW.
Old age and survivors’ insurance: Chapters 41.47, 41.48 RCW.
Ordinances
adoption at public meetings: RCW 42.30.060.
air pollution control: Chapter 70.94 RCW.
airport joint operation: RCW 14.08.200(8).
combined city-county health department, establishment: RCW 70.08.010.
contractor’s bond: RCW 39.08.030.
(2010 Ed.)
Cities and Towns
declaratory judgment as to: Chapter 7.24 RCW.
electrical installations: RCW 19.28.010, 19.28.141.
eminent domain, authority to acquire recreational facilities by: RCW
67.20.010.
eminent domain, ordinance to provide methods of payment of compensation: RCW 8.12.040.
evidence, admissible as, when: RCW 5.44.080.
industrial insurance, benefits to injured employees under: RCW
51.12.050.
liquor control, power of municipalities to adopt police regulations: RCW
66.08.120.
minimum wage law supplementary to: RCW 49.46.120.
payment of lower wages than obligated, penalty: RCW 49.52.050.
plots resurvey authorized and regulation of: RCW 58.10.030, 58.10.040.
port district regulations, adoption: RCW 53.08.220.
recording as evidence of passage: RCW 5.44.080.
statewide city employees’ retirement, election to join by: RCW 41.44.050,
41.44.090.
water distribution system, city may accept conveyance of and agree to
maintain by: RCW 57.08.040.
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
Parks and recreation
authority to acquire and operate: RCW 67.20.010.
conditional sales contracts by cities and towns for purchase of property
for parks authorized, vote required if exceeds indebtedness: RCW
39.30.010.
districts: Chapter 36.69 RCW.
eminent domain by cities for: RCW 8.12.030.
state tidelands and shorelands: RCW 79.125.710, 79.125.720.
Peddlers’ and hawkers’ licenses: Chapter 36.71 RCW, RCW 73.04.050,
73.04.060.
Planning commissions
airport zoning commission, appointment as: RCW 14.12.070(2).
cemeteries, establishment or extension recommendations concerning:
RCW 68.20.080.
Plats and boundaries: Title 58 RCW.
Police
civil service, qualifications of applicants for positions: RCW 41.12.070.
enforcement of traffic laws or regulations: Chapter 46.64 RCW.
health regulations by state board of health, duty to enforce, penalty: RCW
43.20.050.
jury duty, exempt from: RCW 2.36.080.
limited highway access facilities, concurrent jurisdiction: RCW
47.52.200.
militia, exemption from service: RCW 38.44.030.
motor vehicle accident reports: RCW 46.52.070.
motor vehicle dealer’s license application, police chief to certify: RCW
46.70.041.
pawnbroker reports to: RCW 19.60.040.
regulations to be enforced: State Constitution Art. 11 § 11.
retirement and pensions, first-class cities: Chapter 41.20 RCW.
retirement and pensions, statewide city employees’ retirement system:
Chapter 41.44 RCW.
secondhand dealers reports to: RCW 19.60.040.
unclaimed property: Chapter 63.32 RCW.
vehicle wreckers’ records, inspection by: RCW 46.80.080, 46.80.150.
Pollution control
eminent domain by cities for: RCW 8.12.030.
municipal bonding authority: Chapter 70.95A RCW.
Population determination, generally: Chapter 43.62 RCW.
Port district must submit park or recreational plans to municipal park
agency: RCW 53.08.270.
Port district regulations, adoption as city ordinance: RCW 53.08.220.
Powers of county commissioners to alter boundaries inapplicable where
boundary review board created: RCW 36.93.220.
Prepayment of taxes and assessments: RCW 35.21.650.
Printing: RCW 43.78.130 through 43.78.160.
Prisons (see Jails).
(2010 Ed.)
Title 35
Property
forest lands, conveying to state for forestry purposes: RCW 79.10.040.
intergovernmental disposition of: RCW 39.33.010.
sale, exchange, or lease to state or political subdivision authorized: RCW
39.33.010.
state highway purposes, acquisition for: RCW 47.12.040.
Public buildings, provision to be made for use by aged and individuals with
disabilities: Chapter 70.92 RCW.
Public contracts and indebtedness, generally: Title 39 RCW.
Public employment
civil service and retirement rights preserved when elective office assumed:
RCW 41.04.120.
subversive person ineligible: RCW 9.81.040.
wage deduction for charitable contributions: RCW 41.04.035, 41.04.036.
Public funds, private use prohibited: State Constitution Art. 11 § 14.
Public health pooling fund: Chapter 70.12 RCW.
Public lands, assessment against: Chapter 79.44 RCW.
Public markets, eminent domain by cities for: RCW 8.12.030.
Public utility districts
restrictions on use of power facilities: RCW 54.04.040.
tax on revenue: RCW 54.28.070.
Public works, liens for labor and materials performed: Chapter 60.28 RCW.
Purchases
authority to acquire and operate certain recreational facilities and camps:
Chapter 67.20 RCW.
conditional sales contracts for purchase of real or personal property:
RCW 39.30.010.
preferential, exceptions: RCW 19.06.020, 43.78.130 through 43.78.160.
Railroad
crossings, signals and devices, allocations of funds to defray costs of:
RCW 81.53.271 through 81.53.275, 81.53.281.
industrial crossing, inspection, not applicable within limits of first-class
cities: RCW 81.54.040.
Railways, street: Chapter 81.64 RCW.
Recall of elective officers: State Constitution Art. 1 §§ 33, 34 (Amendment
8), chapter 29A.56 RCW.
Reclamation districts: Chapter 89.30 RCW.
Records
destruction of, procedure for: RCW 40.14.070.
historical records, transfer to depository agency, procedure for: RCW
40.14.070.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
Referendum, electric utility transmission line construction and maintenance
franchise: RCW 80.32.040.
Reincorporation, under general laws permitted to cities under special charter: State Constitution Art. 11 § 10 (Amendment 40).
River and harbor improvement districts, planning: RCW 88.32.240.
Sanitary regulations may be enforced: State Constitution Art. 11 § 11.
Sanitation, secretary of health, assistance: RCW 70.54.040.
School districts, educational service districts, agreements with other governmental entities for transportation of students or the public, or for other
noncommon school purposes—Limitations: RCW 28A.160.120.
Second-class cities
elections, nonpartisan primaries: Chapter 29A.52 RCW.
eminent domain by cities, construction of chapter as to second-class cities:
RCW 8.12.560.
Senior citizens programs—Authorization to establish and administer: RCW
36.39.060.
Service of summons on, personal service: RCW 4.28.080(2).
Sewer and water revenue bonds, mutual savings banks, investment in: RCW
32.20.070, 32.20.100.
Sewerage improvement districts: Title 85 RCW.
Sewerage systems
[Title 35 RCW—page 5]
Title 35
Title 35 RCW: Cities and Towns
eminent domain by cities for: RCW 8.12.030.
plans, submission to department of ecology: RCW 90.48.110.
public nuisances concerning: RCW 7.48.140(2).
Sexually transmitted disease, treatment and control: Chapter 70.24 RCW.
Shorelands
generally: Title 79 RCW, chapter 90.58 RCW.
parks or playgrounds, application, grantor exchange: RCW 79.125.710,
79.125.720.
Soil and water conservation districts: Chapter 89.08 RCW.
Solid waste collection company provisions do not apply to: RCW 81.77.020.
Statewide city employees’ retirement: Chapter 41.44 RCW.
Streets and alleys
abandoned state highways as: RCW 36.75.090.
abandonment, waters backed over: RCW 90.28.020.
aid in construction or maintenance of by state or county, procedure: RCW
47.24.050.
as extension of county road, shared maintenance: RCW 36.75.205.
as state highways, jurisdiction, maintenance and control: RCW
47.24.020.
closure or restrictions on traffic authorized: Chapter 47.48 RCW.
collection and removal of glass containers: RCW 47.40.090.
construction and maintenance aid by state or county, procedure: RCW
47.24.050.
county bridges across: RCW 36.75.200.
county may aid in construction and maintenance of: RCW 47.24.050.
dedication of county land for: RCW 36.34.290, 36.34.300.
dedication upon replat: RCW 79.125.090.
defined, motor vehicle law: RCW 46.04.120.
defined, state highway law: RCW 47.04.010(6).
eminent domain, for: RCW 8.12.030.
franchise rights on limited access facility and when joint governmental
facility: RCW 47.52.090.
lighting systems, water-sewer district powers in regard to: RCW
57.08.060.
limited access facilities, generally: Chapter 47.52 RCW.
obstructing is nuisance: RCW 7.48.120.
obstructing or interfering with, public nuisance, penalty: RCW 9.66.010.
state highways as, franchises across bridges jointly owned and operated:
RCW 47.44.040.
state highways as, generally: Chapter 47.24 RCW.
state land, easement or right-of-way over for city streets: RCW 79.36.440.
street materials, sale of material to cities and towns from public lands, disposition of proceeds: RCW 79.15.320.
telecommunications companies’ use of rights-of-way: RCW 80.36.040.
tidelands and shorelands platting, dedication to public use: RCW
79.120.010.
traffic control devices for, generally: Chapters 46.61, 47.36 RCW.
vacation of by replat: RCW 79.125.420, 79.125.110.
Taverns, music permit: RCW 66.28.080.
Tax lien, acquisition by governmental unit of property subject to: RCW
84.60.050, 84.60.070.
Tax liens, priority of: RCW 84.60.010.
Taxation
collection by county treasurer: Chapter 36.29 RCW.
electricity, sale of by public utility districts: RCW 54.28.070.
excess levies authorized, when, procedure: RCW 84.52.052.
firefighters’ pension fund, property tax for: RCW 41.16.060.
insurance companies, state preemption: RCW 48.14.020(4).
motor vehicle fuel excise tax, preemption by state: RCW 82.36.440.
power of: State Constitution Art. 11 § 12.
preemption, excise taxes: RCW 82.02.020.
preemption, motor vehicle fuel tax: RCW 82.36.440.
property tax
authorized to assess and collect general: State Constitution Art. 7 § 9.
limitation on levies: State Constitution Art. 7 § 2 (Amendments 55, 59),
RCW 84.52.050.
local taxes not to be imposed by legislature: State Constitution Art. 11
§ 12.
power to assess and collect rests in city: State Constitution Art. 11 § 12.
uniformity in respect to persons and property required: State Constitution Art. 7 § 9.
public utility district’s gross revenue: RCW 54.28.070.
refunding bonds, tax levy to meet payments and interest: RCW 39.52.035.
[Title 35 RCW—page 6]
sales and use taxes: Chapter 82.14 RCW.
Taxing district relief act: Chapter 39.64 RCW.
Teletypewriter communications network, connection with, participation in:
RCW 43.89.030.
Tidelands
eminent domain, drainage: RCW 8.12.030.
extension of streets over: State Constitution Art. 15 § 3.
ownership of: State Constitution Art. 17 §§ 1, 2.
rentals, receipt by: RCW 79.115.150.
sale of, authority to sell to cities and towns: RCW 79.125.700.
Toll facilities, contributions by cities and towns for authorized, financing,
reimbursement: RCW 47.56.250.
Towns
actions against: RCW 4.08.120.
actions by in corporate name: RCW 4.08.110.
charter, amendment of by special act, prohibited: State Constitution Art.
2 § 28(8).
corporate stock or bonds not to be owned by: State Constitution Art. 8 § 7.
credit not to be loaned, exception: State Constitution Art. 8 § 7.
indebtedness: State Constitution Art. 8 § 6 (Amendment 27).
limitation upon actions by: RCW 4.16.160.
moneys, deposited with treasurer: State Constitution Art. 11 § 15.
moneys, use of, by official, a felony: State Constitution Art. 11 § 14.
officers, salaries of, not to be changed during term: State Constitution
Art. 11 § 8.
officers, vacancies, not to be extended: State Constitution Art. 11 § 8.
organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
plats, regulation of surveys and plats: RCW 58.10.040.
plats, resurvey and correction of: RCW 58.10.030.
police department, control and direction of: State Constitution Art. 11 §
11.
sanitary regulations may be enforced: State Constitution Art. 11 § 11.
service of summons on, personal service: RCW 4.28.080(2).
taxation, power of: State Constitution Art. 11 § 12.
Trade centers—Annual service fee—Distribution to cities: RCW 53.29.030.
Traffic schools: Chapter 46.83 RCW.
Transportation centers authorized: Chapter 81.75 RCW.
Transportation systems
exempt from motor freight carrier law: RCW 81.80.040(1)(d).
motor vehicle fuel tax refunds: RCW 82.36.275.
Trees, plants, shrubs or vegetation, duty to disinfect or destroy: RCW
15.08.230.
Trusts for employee benefits: Chapter 49.64 RCW.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Uniform state standard of traffic devices, copy of to be furnished to: RCW
47.36.030.
Urban arterials, planning, construction, funds, bond issue, etc.: Chapter
47.26 RCW.
Utility poles, attachment of objects to, penalty: RCW 70.54.090.
Vacancies in public office, causes, how filled: Chapter 42.12 RCW.
Vehicle wreckers’ regulation by, to conform with chapter 46.80 RCW: RCW
46.80.160.
Venue of actions against public officers: RCW 4.12.020(2).
Veterans’ organizations, providing of meeting places for: RCW 73.04.070.
Veterans preference in public employment, reemployment: Chapter 73.16
RCW.
Warrants
interest rate: RCW 39.56.020.
rate fixed by issuing officer: RCW 39.56.030.
Washington clean air act: Chapter 70.94 RCW.
Water distribution systems, conveyance by water districts: Chapter 57.08
RCW.
Water-sewer districts
boundaries identical with, dissolution procedure: RCW 57.04.110.
inclusion within boundaries: RCW 57.04.020.
labor and materials: RCW 57.08.050.
(2010 Ed.)
Municipal Corporations Classified
Chapter 35.02
Water pollution
depositing unwholesome matter in waters, public nuisance, penalty: RCW
9.66.050.
public utility districts, powers in regard to: RCW 54.16.050.
shellfish sanitation control, pollution laws and rules and regulations
applied to: RCW 69.30.130.
water supply, eminent domain by cities to prevent: RCW 8.12.030.
water supply, generally: RCW 70.54.010.
watersheds in adjoining state: RCW 70.54.030.
§ 5; 1965 c 7 § 35.01.040. Prior: 1963 c 119 § 2; 1955 c 319
§ 5; prior: (i) 1890 p 140 § 11, part; RRS § 8932, part. (ii)
1890 p 141 § 13; RRS § 8934.]
Water recreation facilities: Chapter 70.90 RCW.
Water revenue bonds, mutual savings banks, investment in: RCW 32.20.070,
32.20.100.
Water systems, bonds, refunding: Chapter 39.52 RCW.
Sections
Watercourses and waterways
city streets, improvement of slopes: RCW 79.120.030.
vacation of, grounds for, procedure: RCW 79.120.060.
Watersheds
eminent domain for: RCW 8.12.030, 8.28.050.
state land, condemnation or purchase by city or town permitted: RCW
79.10.070.
Weeds, duty to destroy, extermination areas: RCW 17.04.160.
Weights and measures, city sealer: RCW 19.94.280.
Wharves and landings
as part of state highway system: Chapter 47.24 RCW.
authorization of private construction: RCW 88.24.030.
Chapter 35.01 RCW
MUNICIPAL CORPORATIONS CLASSIFIED
Chapter 35.01
Sections
35.01.010
35.01.020
35.01.040
Chapter 35.02
35.02.001
35.02.005
35.02.010
35.02.015
35.02.017
35.02.020
35.02.030
35.02.035
35.02.037
35.02.039
35.02.040
35.02.070
35.02.078
35.02.086
35.02.090
35.02.100
35.02.110
35.02.120
35.02.125
35.02.130
First-class city.
Second-class city.
Town.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
Determining population
generally: Chapter 43.62 RCW.
of annexed territory: RCW 35.13.260.
First-class cities, generally: Chapter 35.22 RCW.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Second-class cities, generally: Chapter 35.23 RCW.
Towns, generally: Chapter 35.27 RCW.
35.01.010 First-class city. A first-class city is a city
with a population of ten thousand or more at the time of its
organization or reorganization that has a charter adopted
under Article XI, section 10, of the state Constitution. [1994
c 81 § 3; 1965 c 7 § 35.01.010. Prior: 1955 c 319 § 2; prior:
(i) 1890 p 140 § 11, part; RRS § 8932, part. (ii) 1907 c 248 §
1, part; 1890 p 140 § 12, part; RRS § 8933, part.]
35.02.132
35.02.135
35.02.137
35.02.139
35.02.140
35.02.150
35.02.155
35.02.160
35.01.010
35.01.020 Second-class city. A second-class city is a
city with a population of fifteen hundred or more at the time
of its organization or reorganization that does not have a
charter adopted under Article XI, section 10, of the state Constitution, and does not operate under Title 35A RCW. [1997
c 361 § 9; 1994 c 81 § 4; 1965 c 7 § 35.01.020. Prior: 1955 c
319 § 3; prior: (i) 1890 p 140 § 11, part; RRS § 8932, part.
(ii) 1907 c 248 § 1, part; 1890 p 140 § 12, part; RRS § 8933,
part.]
35.02.170
35.02.180
35.02.190
35.02.200
35.01.020
35.01.040 Town. A town has a population of less than
fifteen hundred at the time of its organization and does not
operate under Title 35A RCW. [1997 c 361 § 10; 1994 c 81
35.02.202
35.02.205
35.02.210
35.02.220
35.02.225
35.02.230
35.01.040
(2010 Ed.)
35.02.240
Chapter 35.02 RCW
INCORPORATION PROCEEDINGS
Actions subject to review by boundary review board.
Purpose.
Authority for incorporation—Number of inhabitants required.
Proposed incorporations—Notice to county—Boundary
review board hearing.
County auditor shall provide identification number.
Petition for incorporation—Signatures—Filing deadline.
Petition for incorporation—Contents.
Petition—Auditor’s duties.
Petition—Notice of certification.
Public hearing—Time limitations.
Public hearing—Publication of notice.
Public hearing by county legislative authority—Establishment
of boundaries—Limitations.
Elections—Question of incorporation—Nomination and election of officers.
Elections—Candidates—Filing—Withdrawal—Ballot position.
Elections—Conduct—Voters’ qualifications.
Election on question of incorporation—Notice—Contents.
Election on question of incorporation—Ballots.
Election on question of incorporation—Certification of
results.
Newly incorporated city or town—Liability for costs of elections.
Newly incorporated city or town—Effective date of incorporation—Powers during interim period—Terms of elected
officers—First municipal election.
Newly incorporated city or town—Budgets.
Newly incorporated city or town—May borrow from municipal sales and use tax equalization account.
Newly incorporated city or town—Moratoria on development
permits and approvals.
Newly incorporated city or town—First general election of
councilmembers or commissioners—Initial, subsequent
terms.
Disposition of uncollected road district taxes.
Pending final disposition of petition no other petition for
incorporation to be acted upon—Withdrawal or substitution—Action on petition for annexation authorized.
Effect of proposed annexation on petition.
Cancellation, acquisition of franchise or permit for operation
of public service business in territory incorporated—Regulation of solid waste collection.
Use of right-of-way line as corporate boundary—When
right-of-way may be included.
Ownership of county roads to revert to city or town—Territory
within city or town to be removed from fire protection, road,
and library districts.
Annexation/incorporation of fire protection district—Transfer
of assets when at least sixty percent of assessed valuation is
annexed or incorporated in city or town.
Annexation/incorporation of fire protection district—Ownership of assets of fire protection district—When less than
sixty percent.
Annexation/incorporation of fire protection district—Delay of
transfer.
Annexation/incorporation of fire protection district—Distribution of assets of district when less than five percent of district
annexed—Distribution agreement—Arbitration.
Fire protection district and library district—Continuation of
services at option of city or town.
Duty of county and road, library, and fire districts to continue
services during transition period—Road maintenance and
law enforcement services.
County may contract to provide essential services.
Incorporation of city or town located in more than one
county—Powers and duties of county after incorporation—
Costs.
Incorporation of city or town located in more than one
county—Taxes—Powers and duties of county after incorporation—Costs.
[Title 35 RCW—page 7]
35.02.001
35.02.250
35.02.260
35.02.270
Title 35 RCW: Cities and Towns
Corporate powers in dealings with federal government.
Duty of department of community, trade, and economic development to assist newly incorporated cities and towns.
Other local governments and state agencies—May assist
newly incorporated cities and towns.
Combined city and county municipal corporations: State Constitution Art.
11 § 16 (Amendment 58).
Fire protection districts, effect upon: Chapter 52.22 RCW.
Incorporation of municipalities: State Constitution Art. 11 § 10 (Amendment
40).
Incorporation proceedings exempt from State Environmental Policy Act:
RCW 36.93.170, 43.21C.220.
35.02.001 Actions subject to review by boundary
review board. The incorporation of a city or town is subject
to review by a boundary review board under chapter 36.93
RCW if a boundary review board exists in the county in
which all or any portion of the territory proposed to be incorporated is located. [1994 c 216 § 11; 1989 c 84 § 25.]
35.02.001
Additional notes found at www.leg.wa.gov
35.02.005 Purpose. The purpose of chapter 35.02
RCW is to provide a clear and uniform process for the incorporation of cities or towns operating under either Title 35 or
35A RCW. An incorporation may result in the creation of a
second-class city or town operating under Title 35 RCW or a
noncharter code city operating under Title 35A RCW. [1994
c 81 § 6; 1986 c 234 § 1.]
35.02.005
35.02.010 Authority for incorporation—Number of
inhabitants required. Any contiguous area containing not
less than one thousand five hundred inhabitants lying outside
the limits of an incorporated city or town may become incorporated as a city or town operating under Title 35 or 35A
RCW as provided in this chapter: PROVIDED, That no area
which lies within five air miles of the boundary of any city
having a population of fifteen thousand or more shall be
incorporated which contains less than three thousand inhabitants. [1994 c 216 § 12; 1986 c 234 § 2; 1969 c 48 § 1; 1965
c 7 § 35.02.010. Prior: 1963 c 57 § 1; 1890 p 131 § 1; 1888 p
221 § 1; 1877 p 173 § 1; 1871 p 51 § 1; RRS § 8883.]
35.02.010
Reviser’s note: The current definition of "town" under RCW 35.01.040
precludes the incorporation of a town under this section.
Additional notes found at www.leg.wa.gov
35.02.015 Proposed incorporations—Notice to
county—Boundary review board hearing. Any person
proposing the incorporation of a city or town shall file a
notice of the proposed incorporation with the county legislative authority of the county in which all or the major portion
of the proposed city or town is located. The notice shall
include the matters required to be included in the incorporation petition under RCW 35.02.030 and be accompanied by
both a one hundred dollar filing fee and an affidavit from the
person stating that he or she is a registered voter residing in
the proposed city or town.
The county legislative authority shall promptly notify
the boundary review board of the proposed incorporation,
which shall hold a public meeting on the proposed incorporation within thirty days of the notice being filed where persons
favoring and opposing the proposed incorporation may state
their views. If a boundary review board does not exist in the
35.02.015
[Title 35 RCW—page 8]
county, the county legislative authority shall provide the public meeting. The public meeting shall be held at a location in
or near the proposed city or town. Notice of the public meeting shall be published in a newspaper of general circulation in
the area proposed to be incorporated at least once ten days
prior to the public meeting. [1994 c 216 § 1.]
Additional notes found at www.leg.wa.gov
35.02.017 County auditor shall provide identification
number. Within one working day after the public meeting
under RCW 35.02.015, the county auditor shall provide an
identification number for the incorporation effort to the person who made the notice of proposing the incorporation. The
identification number shall be included on the petition proposing the incorporation.
The petition proposing the incorporation may retain the
proposed boundaries and other matters as described in the
notice, or may alter the proposed boundaries and other matters. [1994 c 216 § 2.]
35.02.017
Additional notes found at www.leg.wa.gov
35.02.020 Petition for incorporation—Signatures—
Filing deadline. A petition for incorporation must be signed
by registered voters resident within the limits of the proposed
city or town equal in number to at least ten percent of the
number of voters residing within the proposed city or town
and filed with the auditor of the county in which all, or the
largest portion of, the proposed city or town is located. The
petition must be filed with the auditor by no later than one
hundred eighty days after the date the public meeting on the
proposed incorporation was held under RCW 35.02.015, or
the next regular business day following the one hundred
eightieth day if the one hundred eightieth day is not a regular
business day. [1994 c 216 § 4; 1986 c 234 § 3; 1965 c 7 §
35.02.020. Prior: 1957 c 173 § 2; prior: 1953 c 219 § 1; 1890
p 131 § 2, part; 1888 p 221 §§ 1, 2, part; 1877 p 173 §§ 1, 2,
part; 1871 p 51 § 1, part; RRS § 8884, part.]
35.02.020
Additional notes found at www.leg.wa.gov
35.02.030 Petition for incorporation—Contents. The
petition for incorporation shall: (1) Indicate whether the proposed city or town shall be a noncharter code city operating
under Title 35A RCW, or a city or town operating under Title
35 RCW; (2) indicate the form or plan of government the city
or town is to have; (3) set forth and particularly describe the
proposed boundaries of the proposed city or town; (4) state
the name of the proposed city or town; (5) state the number of
inhabitants therein, as nearly as may be; and (6) pray that the
city or town be incorporated. The petition shall conform to
the requirements for form prescribed in RCW 35A.01.040.
The petition shall include the identification number provided
under RCW 35.02.017 and state the last date by which the
petition may be filed, as determined under RCW 35.02.020.
If the proposed city or town is located in more than one
county, the petition shall be prepared in such a manner as to
indicate the different counties within which the signators
reside.
A city or town operating under Title 35 RCW may have
a mayor/council, council/manager, or commission form of
government. A city operating under Title 35A RCW may
35.02.030
(2010 Ed.)
Incorporation Proceedings
have a mayor/council or council/manager plan of government.
If the petition fails to specify the matters described in
subsection (1) of this section, the proposal shall be to incorporate as a noncharter code city. If the petition fails to specify
the matter described in subsection (2) of this section, the proposal shall be to incorporate with a mayor/council form or
plan of government. [1994 c 216 § 3; 1986 c 234 § 4; 1965 c
7 § 35.02.030. Prior: 1957 c 173 § 3; prior: 1953 c 219 § 2;
1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part; 1877 p 173 §§
1, 2, part; 1871 p 51 § 1, part; RRS § 8884, part.]
Additional notes found at www.leg.wa.gov
35.02.035
35.02.035 Petition—Auditor’s duties. The county
auditor shall within thirty days from the time of receiving
said petition determine if the petition contains a sufficient
number of valid signatures. If the proposed city or town is
located in more than one county, the auditor shall immediately transmit a copy of the petition to the auditor of the other
county or counties within which the proposed city or town is
located. Each of these other county auditors shall certify the
number of valid signatures thereon of voters residing in the
county and transmit the certification to the auditor of the
county with whom the petition was originally filed. This
auditor shall determine if the petition contains a sufficient
number of valid signatures. If the petition is certified as having sufficient valid signatures, the county auditor shall transmit said petition, accompanied by the certificate of sufficiency, to the county legislative authority or authorities of the
county or counties within which the proposed city or town is
located. [1986 c 234 § 5; 1965 c 7 § 35.02.035. Prior: 1953
c 219 § 8.]
35.02.037
35.02.037 Petition—Notice of certification. The
county auditor who certifies the sufficiency of the petition
shall notify the person or persons who submitted the petition
of its sufficiency within five days of when the determination
of sufficiency is made. Notice shall be by certified mail and
may additionally be made by telephone. If a boundary review
board or boards exists in the county or counties in which the
proposed city or town is located, the petitioners shall file
notice of the proposed incorporation with the boundary
review board or boards. [1986 c 234 § 6.]
35.02.039
35.02.039 Public hearing—Time limitations. (1) The
county legislative authority of the county in which the proposed city or town is located shall hold a public hearing on
the proposed incorporation if no boundary review board
exists in the county. The public hearing shall be held within
sixty days of when the county auditor notifies the legislative
authority of the sufficiency of the petition if no boundary
review board exists in the county, or within ninety days of
when notice of the proposal is filed with the boundary review
board if the boundary review board fails to take jurisdiction
over the proposal. The public hearing may be continued to
other days, not extending more than sixty days beyond the
initial hearing date. If the boundary review board takes jurisdiction, the county legislative authority shall not hold a public hearing on the proposal.
(2010 Ed.)
35.02.078
(2) If the proposed city or town is located in more than
one county, a public hearing shall be held in each of the counties by the county legislative authority or boundary review
board. Joint public hearings may be held by two or more
county legislative authorities, or two or more boundary
review boards. [1994 c 216 § 14; 1986 c 234 § 7.]
Additional notes found at www.leg.wa.gov
35.02.040 Public hearing—Publication of notice.
Notice of the public hearing by the county legislative authority on the proposed incorporation shall be by one publication
in not more than ten nor less than three days prior to the date
set for said hearing in one or more newspapers of general circulation within the area proposed to be incorporated. Said
notice shall contain the time and place of said hearing. [1986
c 234 § 8; 1965 c 7 § 35.02.040. Prior: 1957 c 173 § 4; prior:
1953 c 219 § 3; 1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part;
1877 p 173 §§ 1, 2, part; 1871 p 51 § 1, part; RRS § 8884,
part.]
35.02.040
35.02.070 Public hearing by county legislative
authority—Establishment of boundaries—Limitations.
(1) If a county legislative authority holds a public hearing on
a proposed incorporation, it shall establish and define the
boundaries of the proposed city or town, being authorized to
decrease or increase the area proposed in the petition under
the same restrictions that a boundary review board may modify the proposed boundaries. The county legislative authority,
or the boundary review board if it takes jurisdiction, shall
determine the number of inhabitants within the boundaries it
has established.
(2) A county legislative authority shall disapprove the
proposed incorporation if, without decreasing the area proposed in the petition, it does not conform with RCW
35.02.010. A county legislative authority may not otherwise
disapprove a proposed incorporation.
(3) A county legislative authority or boundary review
board has jurisdiction only over that portion of a proposed
city or town located within the boundaries of the county.
[1994 c 216 § 17; 1986 c 234 § 9; 1975 1st ex.s. c 220 § 3;
1965 c 7 § 35.02.070. Prior: 1963 c 57 § 2; 1957 c 173 § 7;
prior: 1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part; 1877 p
173 §§ 1, 2, part; 1871 p 51 § 1, part; RRS § 8884, part.]
35.02.070
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Incorporation subject to approval by boundary review board: RCW
36.93.090.
Additional notes found at www.leg.wa.gov
35.02.078 Elections—Question of incorporation—
Nomination and election of officers. An election shall be
held in the area proposed to be incorporated to determine
whether the proposed city or town shall be incorporated when
the boundary review board takes action on the proposal other
than disapproving the proposal, or if the county legislative
authority does not disapprove the proposal as provided in
RCW 35.02.070. Voters at this election shall determine if the
area is to be incorporated.
The initial election on the question of incorporation shall
be held at the next special election date specified in *RCW
35.02.078
[Title 35 RCW—page 9]
35.02.086
Title 35 RCW: Cities and Towns
29.13.020 that occurs sixty or more days after the final public
hearing by the county legislative authority or authorities, or
action by the boundary review board or boards. The county
legislative authority or authorities shall call for this election
and, if the incorporation is approved, shall call for other elections to elect the elected officials as provided in this section.
If the vote in favor of the incorporation receives forty percent
or less of the total vote on the question of incorporation, no
new election on the question of incorporation for the area or
any portion of the area proposed to be incorporated may be
held for a period of three years from the date of the election
in which the incorporation failed.
If the incorporation is authorized as provided by RCW
35.02.120, separate elections shall be held to nominate and
elect persons to fill the various elective offices prescribed by
law for the population and type of city or town, and to which
it will belong. The primary election to nominate candidates
for these elective positions shall be held at the next special
election date, as specified in *RCW 29.13.020, that occurs
sixty or more days after the election on the question of incorporation. The election to fill these elective positions shall be
held at the next special election date, as specified in *RCW
29.13.020, that occurs thirty or more days after certification
of the results of the primary election. [1994 c 216 § 18; 1986
c 234 § 10.]
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Additional notes found at www.leg.wa.gov
35.02.086 Elections—Candidates—Filing—Withdrawal—Ballot position. Each candidate for a city or town
elective position shall file a declaration of candidacy with the
county auditor of the county in which all or the major portion
of the city or town is located not more than sixty days nor less
than forty-five days prior to the primary election at which the
initial elected officials are nominated. The elective positions
shall be as provided in law for the type of city or town and
form or plan of government specified in the petition to incorporate, and for the population of the city or town as determined by the county legislative authority or boundary review
board where applicable. Any candidate may withdraw his or
her declaration at any time within five days after the last day
allowed for filing a declaration of candidacy. All names of
candidates to be voted upon shall be printed upon the ballot
alphabetically in groups under the designation of the respective titles of offices for which they are candidates. Names of
candidates printed upon the ballot need not be rotated. [2009
c 107 § 5; 2006 c 344 § 20; 1986 c 234 § 11; 1965 c 7 §
35.02.086. Prior: 1953 c 219 § 9.]
35.02.086
Effective date—2009 c 107: See note following RCW 28A.343.300.
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
its of the proposed city or town for at least thirty days next
preceding the date of election. [1986 c 234 § 12; 1965 c 7 §
35.02.090. Prior: 1890 p 133 § 3, part; RRS § 8885, part.]
35.02.100 Election on question of incorporation—
Notice—Contents. The notice of election on the question of
the incorporation shall be given as provided by *RCW
29.27.080 but shall further describe the boundaries of the
proposed city or town, its name, and the number of inhabitants ascertained by the county legislative authority or the
boundary review board to reside in it. [1986 c 234 § 13; 1965
c 7 § 35.02.100. Prior: 1957 c 173 § 9; prior: 1953 c 219 §
5; 1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part; 1877 p 173
§§ 1, 2, part; 1871 p 51 § 1, part; RRS § 8884, part.]
35.02.100
*Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.52.350, see RCW 29A.52.351.
35.02.110 Election on question of incorporation—
Ballots. The ballots in the initial election on the question of
incorporation shall contain the words "for incorporation" and
"against incorporation" or words equivalent thereto. [1986 c
234 § 14; 1965 c 7 § 35.02.110. Prior: 1957 c 173 § 10; prior:
1890 p 131 § 2, part; 1888 p 221 §§ 1, 2, part; 1877 p 173 §§
1, 2, part; 1871 p 51 § 1, part; RRS § 8884, part.]
35.02.110
35.02.120 Election on question of incorporation—
Certification of results. If the results reveal that a majority
of the votes cast are for incorporation, the city or town shall
become incorporated as provided in RCW 35.02.130. If the
proposed city or town is located in more than one county, the
auditors of the county or counties in which the smaller portion or portions of the proposed city or town is located shall
forward a certified copy of the election results to the auditor
of the county within which the major portion is located. This
auditor shall add these totals to the totals in his or her county
and certify the results to each of the county legislative authorities. [1986 c 234 § 15; 1965 c 7 § 35.02.120. Prior: 1953 c
219 § 6; 1890 p 133 § 3, part; RRS § 8885, part.]
35.02.120
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
35.02.125 Newly incorporated city or town—Liability for costs of elections. A newly incorporated city or town
shall be liable for its proportionate share of the costs of all
elections, after the election on whether the area should be
incorporated, at which an issue relating to the city or town is
placed before the voters, as if the city or town was in existence after the election at which voters authorized the area to
incorporate. [1991 c 360 § 2.]
35.02.125
35.02.130 Newly incorporated city or town—Effective date of incorporation—Powers during interim
period—Terms of elected officers—First municipal election. The city or town officially shall become incorporated at
a date from one hundred eighty days to three hundred sixty
days after the date of the election on the question of incorporation. An interim period shall exist between the time the
newly elected officials have been elected and qualified and
this official date of incorporation. During this interim period,
35.02.130
35.02.090 Elections—Conduct—Voters’ qualifications. The elections on the proposed incorporation and for
the nomination and election of the initial elected officials
shall be conducted in accordance with the general election
laws of the state, except as provided in this chapter. No person is entitled to vote thereat unless he or she is a qualified
elector of the county, or any of the counties in which the proposed city or town is located, and has resided within the lim35.02.090
[Title 35 RCW—page 10]
(2010 Ed.)
Incorporation Proceedings
the newly elected officials are authorized to adopt ordinances
and resolutions which shall become effective on or after the
official date of incorporation, and to enter into contracts and
agreements to facilitate the transition to becoming a city or
town and to ensure a continuation of governmental services
after the official date of incorporation. Periods of time that
would be required to elapse between the enactment and effective date of such ordinances, including but not limited to
times for publication or for filing referendums, shall commence upon the date of such enactment as though the city or
town were officially incorporated.
During this interim period, the city or town governing
body may adopt rules establishing policies and procedures
under the state environmental policy act, chapter 43.21C
RCW, and may use these rules and procedures in making
determinations under the state environmental policy act,
chapter 43.21C RCW.
During this interim period, the newly formed city or
town and its governing body shall be subject to the following
as though the city or town were officially incorporated:
RCW 4.24.470 relating to immunity; *chapter 42.17 RCW
relating to open government; chapter 42.56 RCW relating to
public records; chapter 40.14 RCW relating to the preservation and disposition of public records; chapters 42.20 and
42.23 RCW relating to ethics and conflicts of interest; chapters 42.30 and 42.32 RCW relating to open public meetings
and minutes; RCW 35.22.288, 35.23.221, 35.27.300,
35A.12.160, as appropriate, and chapter 35A.65 RCW relating to the publication of notices and ordinances; RCW
35.21.875 and 35A.21.230 relating to the designation of an
official newspaper; RCW 36.16.138 relating to liability
insurance; RCW 35.22.620, 35.23.352, and 35A.40.210, as
appropriate, and statutes referenced therein relating to public
contracts and bidding; and chapter 39.34 RCW relating to
interlocal cooperation. Tax anticipation or revenue anticipation notes or warrants and other short-term obligations may
be issued and funds may be borrowed on the security of these
instruments during this interim period, as provided in chapter
39.50 RCW. Funds also may be borrowed from federal,
state, and other governmental agencies in the same manner as
if the city or town were officially incorporated.
RCW 84.52.020 and 84.52.070 shall apply to the extent
that they may be applicable, and the governing body of such
city or town may take appropriate action by ordinance during
the interim period to adopt the property tax levy for its first
full calendar year following the interim period.
The governing body of the new city or town may acquire
needed facilities, supplies, equipment, insurance, and staff
during this interim period as if the city or town were in existence. An interim city manager or administrator, who shall
have such administrative powers and duties as are delegated
by the governing body, may be appointed to serve only until
the official date of incorporation. After the official date of
incorporation the governing body of such a new city organized under the council manager form of government may
extend the appointment of such an interim manager or administrator with such limited powers as the governing body
determines, for up to ninety days. This governing body may
submit ballot propositions to the voters of the city or town to
authorize taxes to be collected on or after the official date of
incorporation, or authorize an annexation of the city or town
(2010 Ed.)
35.02.130
by a fire protection district or library district to be effective
immediately upon the effective date of the incorporation as a
city or town.
The boundaries of a newly incorporated city or town
shall be deemed to be established for purposes of RCW
84.09.030 on the date that the results of the initial election on
the question of incorporation are certified or the first day of
January following the date of this election if the newly incorporated city or town does not impose property taxes in the
same year that the voters approve the incorporation.
The newly elected officials shall take office immediately
upon their election and qualification with limited powers during this interim period as provided in this section. They shall
acquire their full powers as of the official date of incorporation and shall continue in office until their successors are
elected and qualified at the next general municipal election
after the official date of incorporation: PROVIDED, That if
the date of the next general municipal election is less than
twelve months after the date of the first election of councilmembers, those initially elected councilmembers shall
serve until their successors are elected and qualified at the
next following general municipal election as provided in
RCW 29A.20.040. For purposes of this section, the general
municipal election shall be the date on which city and town
general elections are held throughout the state of Washington, pursuant to RCW 29A.04.330.
In any newly incorporated city that has adopted the
council-manager form of government, the term of office of
the mayor, during the interim period only, shall be set by the
council, and thereafter shall be as provided by law.
The official date of incorporation shall be on a date from
one hundred eighty to three hundred sixty days after the date
of the election on the question of incorporation, as specified
in a resolution adopted by the governing body during this
interim period. A copy of the resolution shall be filed with
the county legislative authority of the county in which all or
the major portion of the newly incorporated city or town is
located. If the governing body fails to adopt such a resolution, the official date of incorporation shall be three hundred
sixty days after the date of the election on the question of
incorporation. The county legislative authority of the county
in which all or the major portion of the newly incorporated
city or town is located shall file a notice with the county
assessor that the city or town has been authorized to be incorporated immediately after the favorable results of the election
on the question of incorporation have been certified. The
county legislative authority shall file a notice with the secretary of state that the city or town is incorporated as of the official date of incorporation. [2005 c 274 § 263; 1997 c 361 §
11; 1994 c 154 § 308; 1991 c 360 § 3; 1986 c 234 § 16; 1965
c 7 § 35.02.130. Prior: 1953 c 219 § 7; 1890 p 133 § 3, part;
RRS § 8885, part.]
*Reviser’s note: Provisions in chapter 42.17 RCW relating to public
disclosure were recodified in chapter 42.56 RCW by 2005 c 274. Provisions
relating to campaign finance were recodified in chapter 42.17A RCW by
2010 c 204, effective January 1, 2012.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 11]
35.02.132
Title 35 RCW: Cities and Towns
35.02.132 Newly incorporated city or town—Budgets. The newly elected officials shall adopt an interim budget for the interim period or until January 1 of the following
year, whichever occurs first. A second interim budget shall
be adopted for any period between January 1 and the official
date of incorporation. These interim budgets shall be adopted
in consultation with the state auditor.
The governing body shall adopt a budget for the newly
incorporated city or town for the period between the official
date of incorporation and January 1 of the following year.
The mayor or governing body, whichever is appropriate shall
prepare or the governing body may direct the interim city
manager to prepare a preliminary budget in detail to be made
public at least sixty days before the official date of incorporation as a recommendation for the final budget. The mayor,
governing body, or the interim city manager shall submit as a
part of the preliminary budget a budget message that contains
an explanation of the budget document, an outline of the recommended financial policies and programs of the city or
town for the ensuing fiscal year, and a statement of the relation of the recommended appropriation to such policies and
programs. Immediately following the release of the preliminary budget, the governing body shall cause to be published a
notice once each week for two consecutive weeks of a public
hearing to be held at least twenty days before the official date
of incorporation on the fixing of the final budget. Any taxpayer may appear and be heard for or against any part of the
budget. The governing body may make such adjustments and
changes as it deems necessary and may adopt the final budget
at the conclusion of the public hearing or at any time before
the official date of incorporation. [1995 c 301 § 33; 1991 c
360 § 4.]
35.02.132
35.02.135
35.02.135 Newly incorporated city or town—May
borrow from municipal sales and use tax equalization
account. Upon the certification of election of officers, the
governing body may by resolution borrow money from the
municipal sales and use tax equalization account, up to one
hundred thousand dollars or five dollars per capita based on
the population estimate required by RCW 35.02.030, whichever is less.
The loan authorized by this section shall be repaid over a
three-year period. The state treasurer shall withhold moneys
from the funds otherwise payable to the city or town that has
obtained such a loan, either from the municipal sales and use
tax equalization account or from sales and use tax entitlements otherwise distributable to such city or town, so that the
account is fully reimbursed over the three-year period. The
state treasurer shall adopt by rule procedures to accomplish
the purpose of this section on a reasonable and equitable basis
over the three-year period. [1991 c 360 § 5.]
35.02.137
35.02.137 Newly incorporated city or town—Moratoria on development permits and approvals. During the
interim period, the governing body of the newly formed city
or town may adopt resolutions establishing moratoria during
the interim transition period on the filing of applications with
the county for development permits or approvals, including,
but not limited [to], subdivision approvals, short subdivision
approvals, and building permits. [1991 c 360 § 11.]
[Title 35 RCW—page 12]
35.02.139 Newly incorporated city or town—First
general election of councilmembers or commissioners—
Initial, subsequent terms. An election shall be held to elect
city or town elected officials at the next municipal general
election occurring more than twelve months after the date of
the first election of councilmembers or commissioners. Candidates shall run for specific council or commission positions. The staggering of terms of members of the city or town
council shall be established at this election, where the simple
majority of the persons elected as councilmembers receiving
the greatest numbers of votes shall be elected to four-year
terms of office and the remainder of the persons elected as
councilmembers shall be elected to two-year terms of office.
Newly elected councilmembers or newly elected commissioners shall serve until their successors are elected and qualified. The terms of office of newly elected commissioners
shall not be staggered, as provided in chapter 35.17 RCW.
All councilmembers and commissioners who are elected subsequently shall be elected to four-year terms of office and
shall serve until their successors are elected and qualified and
assume office in accordance with *RCW 29.04.170. [1994 c
223 § 9.]
35.02.139
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.02.140 Disposition of uncollected road district
taxes. Whenever in any territory forming a part of an incorporated city or town which is part of a road district, and road
district regular property taxes are collectable on any property
within such territory, the same shall, when collected by the
county treasurer, be paid to such city or town and placed in
the city or town street fund by the city or town; except that
road district taxes that are delinquent before the date of incorporation shall be paid to the county and placed in the county
road fund. This section shall not apply to excess property tax
levies securing general indebtedness or any special assessments due in behalf of such property. [2001 c 299 § 1; 1986
c 234 § 20; 1965 c 7 § 35.02.140. Prior: 1957 c 180 § 1.]
35.02.140
County road districts: RCW 36.75.060.
35.02.150 Pending final disposition of petition no
other petition for incorporation to be acted upon—Withdrawal or substitution—Action on petition for annexation authorized. After the filing of any petition for incorporation with the county auditor, and pending its final disposition as provided for in this chapter, no other petition for
incorporation which embraces any of the territory included
therein shall be acted upon by the county auditor, the county
legislative authority, or the boundary review board, or by any
other public official or body that might otherwise be empowered to receive or act upon such a petition: PROVIDED, That
any petition for incorporation may be withdrawn by a majority of the signers thereof at any time before such petition has
been certified by the county auditor to the county legislative
authority: PROVIDED FURTHER, That a new petition may
be substituted therefor that embraces other or different
boundaries, incorporation as a city or town operating under a
different title of law, or for incorporation as a city or town
operating under a different plan or form of government, by a
majority of the signers of the original incorporation petition,
at any time before the original petition has been certified by
35.02.150
(2010 Ed.)
Incorporation Proceedings
the county auditor to the county legislative authority, in
which case the same proceedings shall be taken as in the case
of an original petition. A boundary review board, county
auditor, county legislative authority, or any other public official or body may act upon a petition for annexation before
considering or acting upon a petition for incorporation which
embraces some or all of the same territory, without regard to
priority of filing. [1986 c 234 § 23; 1982 c 220 § 3; 1973 1st
ex.s. c 164 § 1; 1965 c 7 § 35.02.150. Prior: 1961 c 200 § 1.]
Additional notes found at www.leg.wa.gov
35.02.155 Effect of proposed annexation on petition.
For a period of ninety days after a petition proposing the
incorporation of a city or town is filed with the county auditor, a petition or resolution proposing the annexation of any
portion of the territory included in the incorporation proposal
may be filed or adopted and the proposed annexation may
continue following the applicable statutory procedures. Territory that ultimately is annexed, as a result of the filing of such
an annexation petition or adoption of such an annexation resolution during this ninety-day period, shall be withdrawn
from the incorporation proposal.
A proposed annexation of a portion of the territory
included within the proposed incorporation, that is initiated
by the filing of an annexation petition or adoption of an
annexation resolution after this ninety-day period, shall be
held in abeyance and may not occur unless: (1) The boundary review board modifies the boundaries of the proposed
incorporation to remove the territory from the proposed
incorporation; (2) the boundary review board rejects the proposed incorporation and the proposed city or town has a population of less than seven thousand five hundred; or (3) voters
defeat the ballot proposition authorizing the proposed incorporation. [1994 c 216 § 5.]
35.02.155
Additional notes found at www.leg.wa.gov
35.02.160 Cancellation, acquisition of franchise or
permit for operation of public service business in territory incorporated—Regulation of solid waste collection.
The incorporation of any territory as a city or town shall cancel, as of the effective date of such incorporation, any franchise or permit theretofore granted to any person, firm or corporation by the state of Washington, or by the governing
body of such incorporated territory, authorizing or otherwise
permitting the operation of any public transportation, garbage
disposal or other similar public service business or facility
within the limits of the incorporated territory, but the holder
of any such franchise or permit canceled pursuant to this section shall be forthwith granted by the incorporating city or
town a franchise to continue such business within the incorporated territory for a term of not less than the remaining
term of the original franchise or permit, or not less than seven
years, whichever is the shorter period, and the incorporating
city or town, by franchise, permit or public operation, shall
not extend similar or competing services to the incorporated
territory except upon a proper showing of the inability or
refusal of such person, firm or corporation to adequately service said incorporated territory at a reasonable price: PROVIDED, That the provisions of this section shall not preclude
the purchase by the incorporating city or town of said fran35.02.160
(2010 Ed.)
35.02.170
chise, business, or facilities at an agreed or negotiated price,
or from acquiring the same by condemnation upon payment
of damages, including a reasonable amount for the loss of the
franchise or permit. In the event that any person, firm or corporation whose franchise or permit has been canceled by the
terms of this section shall suffer any measurable damages as
a result of any incorporation pursuant to the provisions of
chapter 35.02 RCW, such person, firm or corporation shall
have a right of action against any city or town causing such
damages.
After the incorporation of any city or town, the utilities
and transportation commission shall continue to regulate
solid waste collection within the limits of the incorporated
city or town until such time as the city or town notifies the
commission, in writing, of its decision to contract for solid
waste collection or provide solid waste collection itself pursuant to RCW 81.77.020. In the event the incorporated city or
town at any time decides to contract for solid waste collection
or decides to undertake solid waste collection itself, the
holder of any such franchise or permit that is so canceled in
whole or in part shall be forthwith granted by the incorporated city or town a franchise to continue such business
within the incorporated territory for a term of not less than the
remaining term of the original franchise or permit, or not less
than seven years, whichever is the shorter period, and the
incorporated city or town, by franchise, permit, or public
operation, shall not extend similar or competing services to
the incorporated territory except upon a proper showing of
the inability or refusal of such person, firm, or corporation to
adequately service the incorporated territory at a reasonable
price. Upon the effective date specified by the city or town
council’s ordinance or resolution to have the city or town
contract for solid waste collection or undertake solid waste
collection itself, the transition period specified in this section
begins to run. This section does not preclude the purchase by
the incorporated city or town of the franchise, business, or
facilities at an agreed or negotiated price, or from acquiring
the same by condemnation upon payment of damages,
including a reasonable amount for the loss of the franchise or
permit. In the event that any person, firm, or corporation
whose franchise or permit has been canceled in whole or in
part by the terms of this section suffers any measurable damages as a result of any incorporation pursuant to this chapter,
such person, firm, or corporation has a right of action against
any city or town causing such damages. [1997 c 171 § 1;
1986 c 234 § 24; 1965 ex.s. c 42 § 1.]
Additional notes found at www.leg.wa.gov
35.02.170 Use of right-of-way line as corporate
boundary—When right-of-way may be included. The
right-of-way line of any public street, road or highway, or any
segment thereof, may be used to define a part of a corporate
boundary in an incorporation proceeding. The boundaries of
a newly incorporated city or town shall not include a portion
of the right-of-way of any public street, road or highway
except where the boundary runs from one edge of the
right-of-way to the other edge of the right-of-way. [1989 c 84
§ 7; 1986 c 234 § 25; 1975 1st ex.s. c 220 § 2.]
35.02.170
Legislative finding, intent—1975 1st ex.s. c 220: "The legislature
finds that the use of centerlines of public streets, roads and highways as
boundaries of incorporated cities and towns has resulted in divided jurisdic[Title 35 RCW—page 13]
35.02.180
Title 35 RCW: Cities and Towns
tion over such public ways causing inefficiencies and waste in their construction, improvement and maintenance and impairing effective traffic law
enforcement. It is the intent of this act to preclude the use of highway centerlines as corporate boundaries in the future and to encourage counties and cities and towns by agreement to revise existing highway centerline boundaries
to coincide with highway right-of-way lines." [1975 1st ex.s. c 220 § 1.]
Revision of corporate boundary by substituting right-of-way lines: RCW
35.21.790.
35.02.180 Ownership of county roads to revert to city
or town—Territory within city or town to be removed
from fire protection, road, and library districts. The ownership of all county roads located within the boundaries of a
newly incorporated city or town shall revert to the city or
town and become streets as of the official date of incorporation. However, any special assessments attributable to these
county roads shall continue to exist and be collected as if the
incorporation had not occurred. Property within the newly
incorporated city or town shall continue to be subject to any
indebtedness attributable to these roads and any related property tax levies.
The territory included within the newly incorporated city
or town shall be removed from the road district as of the official date of incorporation. The territory included within the
newly incorporated city or town shall be removed from a fire
protection district or districts or library district or districts in
which it was located, as of the official date of incorporation,
unless the fire protection district or districts have annexed the
city or town during the interim period as provided in *RCW
52.04.160 through 52.04.200, or the library district or districts have annexed the city or town during the interim period
as provided in **RCW 27.12.260 through 27.12.290. [1986
c 234 § 17.]
35.02.180
Reviser’s note: *(1) RCW 52.04.160 has been decodified and RCW
52.04.170 through 52.04.200 have been recodified as RCW 52.04.061
through 52.04.101, pursuant to 1984 c 230 § 89.
**(2) The reference to "RCW 27.12.260 through 27.12.290" appears to
be erroneous. RCW 27.12.360 through 27.12.395 relates to annexation of a
city or town by a library district.
35.02.190 Annexation/incorporation of fire protection district—Transfer of assets when at least sixty percent of assessed valuation is annexed or incorporated in
city or town. If a portion of a fire protection district including at least sixty percent of the assessed valuation of the real
property of the district is annexed to or incorporated into a
city or town, ownership of all of the assets of the district shall
be vested in the city or town, or, if the city or town has been
annexed by another fire protection district, in the other fire
protection district, upon payment in cash, properties or contracts for fire protection services to the district within one
year of the date on which the city or town withdraws from the
fire protection district pursuant to RCW 52.04.161, of a percentage of the value of said assets equal to the percentage of
the value of the real property in entire district remaining outside the incorporated or annexed area. The fire protection district may elect, by a vote of a majority of the persons residing
outside the annexed or incorporated area who vote on the
proposition, to require the annexing or incorporating city or
town or fire protection district to assume responsibility for
the provision of fire protection, and for the operation and
maintenance of the district’s property, facilities, and equipment throughout the district and to pay the city or town or fire
35.02.190
[Title 35 RCW—page 14]
protection district a reasonable fee for such fire protection,
operation, and maintenance. When at least sixty percent, but
less than one hundred percent, valuation of the real estate of
a district is annexed to or incorporated into a city or town, a
proportionate share of the liabilities of the district at the time
of such annexation or incorporation, equal to the percentage
of the total assessed valuation of the real estate of the district
that has been annexed or incorporated, shall be transferred to
the annexing or incorporating city or town.
If all of a fire protection district is included in an area
that incorporates as a city or town or is annexed to a city or
town or fire protection district, all of the assets and liabilities
of the fire protection district shall be transferred to the newly
incorporated city or town on the date on which the fire protection district ceases to provide fire protection services pursuant to RCW 52.04.161 or to the city or town or fire protection district upon the annexation. [1993 c 262 § 3; 1989 c 76
§ 2; 1986 c 234 § 18; 1981 c 332 § 5; 1965 c 7 § 35.13.247.
Prior: 1963 c 231 § 3. Formerly RCW 35.13.247.]
Additional notes found at www.leg.wa.gov
35.02.200 Annexation/incorporation of fire protection district—Ownership of assets of fire protection district—When less than sixty percent. (1) If a portion of a
fire protection district including less than sixty percent of the
assessed value of the real property of the district is annexed to
or incorporated into a city or town, the ownership of all assets
of the district shall remain in the district and the district shall
pay to the city or town, or, if the city or town has been
annexed by another fire protection district, to the other fire
protection district within one year or within such period of
time as the district continues to collect taxes in such incorporated or annexed areas, in cash, properties or contracts for fire
protection services, a percentage of the value of said assets
equal to the percentage of the value of the real property in the
entire district lying within the area so incorporated or
annexed: PROVIDED, That if the area annexed or incorporated includes less than five percent of the area of the district,
no payment shall be made to the city or town or fire protection district except as provided in RCW 35.02.205.
(2) As provided in RCW 35.02.210, the fire protection
district from which territory is removed as a result of an
incorporation or annexation shall provide fire protection to
the incorporated or annexed area for such period as the district continues to collect taxes levied in such annexed or
incorporated area.
(3) For the purposes of this section, the word "assets"
shall mean the total assets of the fire district, reduced by its
liabilities, including bonded indebtedness, the same to be
determined by usual and accepted accounting methods. The
amount of said liability shall be determined by reference to
the fire district’s balance sheet, produced in the regular
course of business, which is nearest in time to the certification of the annexation of fire district territory by the city or
town. [1997 c 245 § 2. Prior: 1989 c 267 § 1; 1989 c 76 § 3;
1986 c 234 § 19; 1967 c 146 § 1; 1965 c 7 § 35.13.248; prior:
1963 c 231 § 4. Formerly RCW 35.13.248.]
35.02.200
35.02.202 Annexation/incorporation of fire protection district—Delay of transfer. During the interim period,
35.02.202
(2010 Ed.)
Incorporation Proceedings
the governing body of the newly formed city or town and the
board of fire commissioners may by written agreement delay
the transfer of the district’s assets and liabilities, and the
city’s or town’s responsibility for the provision of fire protection, that would otherwise occur under RCW 35.02.190 or
35.02.200 for up to one year after the official date of incorporation. During the one-year period, the fire protection district
may annex the city or town pursuant to chapter 52.04 RCW
and retain the responsibility for fire protection. [1991 c 360
§ 7.]
35.02.205 Annexation/incorporation of fire protection district—Distribution of assets of district when less
than five percent of district annexed—Distribution agreement—Arbitration. (1) A distribution of assets from the
fire protection district to the city or town shall occur as provided in this section upon the annexation or, in the case of an
incorporation, on the date on which the city or town withdraws from the fire protection district pursuant to RCW
52.04.161, of an area by the city or town that constitutes less
than five percent of the area of the fire protection district
upon the adoption of a resolution by the city or town finding
that the annexation or incorporation will impose a significant
increase in the fire suppression responsibilities of the city or
town with a corresponding reduction in fire suppression
responsibilities by the fire protection district. Such a resolution must be adopted within sixty days of the effective date of
the annexation, or within sixty days of the official date of
incorporation of the city. If the fire protection district does
not concur in the finding within sixty days of when a copy of
the resolution is submitted to the board of commissioners,
arbitration shall proceed under subsection (3) of this section
over this issue.
(2) An agreement on the distribution of assets from the
fire protection district to the city or town shall be entered into
by the city or town and the fire protection district within
ninety days of the concurrence by the fire protection district
under subsection (1) of this section, or within ninety days of
a decision by the arbitrators under subsection (3) of this section that a significant increase in the fire protection responsibilities will be imposed upon the city or town as a result of the
incorporation or annexation. A distribution shall be based
upon the extent of the increased fire suppression responsibilities with a corresponding reduction in fire suppression
responsibilities by the fire protection district, and shall consider the impact of any debt obligation that may exist on the
property that is so annexed or incorporated. If an agreement
is not entered into after this ninety-day period, arbitration
shall proceed under subsection (3) of this section concerning
this issue unless both parties have agreed to an extension of
this period.
(3) Arbitration shall proceed under this subsection over
the issue of whether a significant increase in the fire protection responsibilities will be imposed upon the city or town as
a result of the annexation or incorporation with a corresponding reduction in fire suppression responsibilities by the fire
protection district, or over the distribution of assets from the
fire protection district to the city or town if such a significant
increase in fire protection responsibilities will be imposed. A
board of arbitrators shall be established for an arbitration that
is required under this section. The board of arbitrators shall
35.02.205
(2010 Ed.)
35.02.225
consist of three persons, one of whom is appointed by the city
or town within sixty days of the date when arbitration is
required, one of whom is appointed by the fire protection district within sixty days of the date when arbitration is required,
and one of whom is appointed by agreement of the other two
arbitrators within thirty days of the appointment of the last of
these other two arbitrators who is so appointed. If the two are
unable to agree on the appointment of the third arbitrator
within this thirty-day period, then the third arbitrator shall be
appointed by a judge in the superior court of the county
within which all or the greatest portion of the area that was so
annexed or incorporated lies. The determination by the board
of arbitrators shall be binding on both the city or town and the
fire protection district. [1993 c 262 § 4; 1989 c 267 § 3.]
35.02.210 Fire protection district and library district—Continuation of services at option of city or town.
At the option of the governing body of a newly incorporated
city or town, any fire protection district or library district
serving any part of the area so incorporated shall continue to
provide services to such area until the city or town receives
its own property tax receipts. [1991 c 360 § 8; 1986 c 234 §
21; 1967 ex.s. c 119 § 35A.03.160. Formerly RCW
35A.03.160.]
35.02.210
35.02.220 Duty of county and road, library, and fire
districts to continue services during transition period—
Road maintenance and law enforcement services. The
approval of an incorporation by the voters of a proposed city
or town, and the existence of a transition period to become a
city or town, shall not remove the responsibility of any
county, road district, library district, or fire district, within
which the area is located, to continue providing services to
the area until the official date of the incorporation.
A county shall continue to provide the following services
to a newly incorporated city or town, or that portion of the
county within which the newly incorporated city or town is
located, at the preincorporation level as follows:
(1) Law enforcement services shall be provided for a
period not to exceed sixty days from the official date of the
incorporation or until the city or town is receiving or could
have begun receiving sales tax distributions under RCW
82.14.030(1), whichever is the shortest time period.
(2) Road maintenance shall be for a period not to exceed
sixty days from the official date of the incorporation or until
forty percent of the anticipated annual tax distribution from
the road district tax levy is made to the newly incorporated
city or town pursuant to RCW 35.02.140, whichever is the
shorter time period. [1991 c 360 § 9; 1986 c 234 § 22; 1985
c 143 § 1. Formerly RCW 35.21.763.]
35.02.220
35.02.225 County may contract to provide essential
services. It is the desire of the legislature that the citizens of
newly incorporated cities or towns receive uninterrupted and
adequate services in the period prior to the city or town government attaining the ability to provide such service levels. In
addition to the services provided under RCW 35.02.220, it is
the purpose of this section to permit the county or counties in
which a newly incorporated city or town is located to contract
with the newly incorporated city or town for the continuation
35.02.225
[Title 35 RCW—page 15]
35.02.230
Title 35 RCW: Cities and Towns
of essential services until the newly incorporated city or town
has attained the ability to provide such services at least at the
levels provided by the county before the incorporation. These
essential services may include but are not limited to, law
enforcement, road and street maintenance, drainage, and
other utility services previously provided by the county
before incorporation. The contract should be negotiated on
the basis of the county’s cost to provide services without consideration of capital assets which do not continue to be amortized for principal and interest or depreciated by the county.
The exception for not considering capital assets which are no
longer amortized for principal and interest or depreciated is
recognition of the preexisting financial investment of citizens
of the newly incorporated city or town have made in county
capital assets.
Nothing in this section limits the ability of the county
and the newly incorporated city or town to contract for higher
service levels or for other time periods than those imposed by
this section. [1985 c 332 § 7. Formerly RCW 35.21.764.]
35.02.230
35.02.230 Incorporation of city or town located in
more than one county—Powers and duties of county after
incorporation—Costs. After incorporation of a city or town
located in more than one county, all purposes essential to the
maintenance, operation, and administration of the city or
town whenever any action is required or may be performed
by the county, county legislative authority, or any county
officer or board, such action shall be performed by the
respective county, county legislative authority, officer, or
board of the county of that part of the city or town in which
the largest number of inhabitants reside as of the date of the
incorporation of the proposed city or town except as provided
in RCW 35.02.240, and all costs incurred shall be borne proportionately by each county in that ratio which the number of
inhabitants residing in that part of each county forming a part
of the proposed city or town bears to the total number of
inhabitants residing within the whole of the city or town.
[1986 c 234 § 26; 1965 c 7 § 35.04.150. Prior: 1955 c 345 §
15. Formerly RCW 35.04.150.]
35.02.240
35.02.240 Incorporation of city or town located in
more than one county—Taxes—Powers and duties of
county after incorporation—Costs. In the case of evaluation, assessment, collection, apportionment, and any other
allied power or duty relating to taxes in connection with the
city or town, the action shall be performed by the county,
county legislative authority, or county officer or board of the
county for that area of the city or town which is located
within the respective county, and all materials, information,
and other data and all moneys collected shall be submitted to
the proper officer of the county of that part of the city or town
in which the largest number of inhabitants reside. Any power
which may be or duty which shall be performed in connection
therewith shall be performed by the county, county legislative authority, officer, or board receiving such as though only
a city or town in a single county were concerned. All moneys
collected from such area constituting a part of such city or
town that should be paid to such city or town shall be delivered to the treasurer thereof, and all other materials, informa[Title 35 RCW—page 16]
tion, or data relating to the city or town shall be submitted to
the appropriate city or town officials.
Any costs or expenses incurred under this section shall
be borne proportionately by each county involved. [1986 c
234 § 27; 1965 c 7 § 35.04.160. Prior: 1955 c 345 § 16. Formerly RCW 35.04.160.]
35.02.250 Corporate powers in dealings with federal
government. Any city or town incorporated as provided in
this chapter shall, in addition to all other powers, duties and
benefits of a city or town of the same type or class, be authorized to purchase, acquire, lease, or administer any property,
real or personal, or property rights and improvements thereon
owned by the federal government on such terms and conditions as may be mutually agreed upon, when authorized to do
so by the United States government, and thereafter to sell,
transfer, exchange, lease, or otherwise dispose of any such
property, and to execute contracts with the federal government with respect to supplying water and for other utility services. [1986 c 234 § 28; 1965 c 7 § 35.04.170. Prior: 1955 c
345 § 17. Formerly RCW 35.04.170.]
35.02.250
35.02.260 Duty of department of community, trade,
and economic development to assist newly incorporated
cities and towns. The *department of community, trade, and
economic development shall identify federal, state, and local
agencies that should receive notification that a new city or
town is about to incorporate and shall assist newly formed
cities and towns during the interim period before the official
date of incorporation in providing such notification to the
identified agencies. [1995 c 399 § 34; 1991 c 360 § 6.]
35.02.260
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
35.02.270 Other local governments and state agencies—May assist newly incorporated cities and towns.
Cities, towns, counties, and other local government agencies
and state agencies may make loans of staff and equipment,
and technical and financial assistance to the newly formed
city or town during the interim period to facilitate the transition to an incorporated city or town. Such loans and assistance may be without compensation. [1991 c 360 § 12.]
35.02.270
Chapter 35.06 RCW
ADVANCEMENT OF CLASSIFICATION
Chapter 35.06
Sections
35.06.010
35.06.070
35.06.080
Population requirements for advance in classification.
Procedure for advancement—Ballot proposition—Notification of secretary of state.
Election of new officers.
Municipal corporations classified: Chapter 35.01 RCW.
Population determinations: Chapter 43.62 RCW.
35.06.010 Population requirements for advance in
classification. A city or town which has at least ten thousand
inhabitants may become a first-class city by adopting a charter under Article XI, section 10, of the state Constitution in
chapter 35.22 RCW.
A town which has at least fifteen hundred inhabitants
may reorganize and advance its classification to become a
35.06.010
(2010 Ed.)
Disincorporation
second-class city as provided in this chapter. [1994 c 81 § 7;
1965 c 7 § 35.06.010. Prior: 1955 c 319 § 6; prior: (i) 1907
c 248 § 1, part; 1890 p 140 § 12, part; RRS § 8933, part. (ii)
1890 p 141 § 14; RRS § 8936.]
35.06.070 Procedure for advancement—Ballot proposition—Notification of secretary of state. A ballot proposition authorizing an advancement in classification of a town
to a second-class city shall be submitted to the voters of the
town if either: (1) Petitions proposing the advancement are
submitted to the town clerk that have been signed by voters of
the town equal in number to at least ten percent of the voters
of the town voting at the last municipal general election; or
(2) the town council adopts a resolution proposing the
advancement. The clerk shall immediately forward the petitions to the county auditor who shall review the signatures
and certify the sufficiency of the petitions.
A ballot proposition authorizing an advancement shall
be submitted to the town voters at the next special election
date according to RCW 29A.04.330 if the county auditor certifies the petitions as having sufficient valid signatures. The
town shall be advanced to a second-class city if the ballot
proposition is approved by a simple majority vote, effective
when the corporation is actually reorganized and the new
officers are elected and qualified. The county auditor shall
notify the secretary of state if the advancement of a town to a
second-class city is approved. [2006 c 344 § 21; 1994 c 81 §
8; 1965 c 7 § 35.06.070. Prior: 1890 p 142 § 21; RRS §
8942.]
35.06.070
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35.06.080 Election of new officers. The first election
of officers of the new corporation after the advancement of
classification is approved shall be at the next general municipal election and the officers of the old corporation, as altered
by the election when the advancement was approved, shall
remain in office until the officers of the new corporation are
elected and qualified and assume office in accordance with
*RCW 29.04.170. A primary shall be held where necessary
to nominate candidates for the elected offices of the corporation as a second-class city. Candidates for city council positions shall run for specific council positions. The council of
the old corporation may adopt a resolution providing that the
offices of city attorney, clerk, and treasurer are appointive.
The three persons who are elected to council positions
one through six receiving the greatest number of votes shall
be elected to four-year terms of office and the other three persons who are elected to council positions one through six, and
the person elected to council position seven, shall be elected
to two-year terms of office. The person elected as mayor and
the persons elected to any other elected office shall be elected
to four-year terms of office. All successors to all elected positions, other than council position number seven, shall be
elected to four-year terms of office and successors to council
position number seven shall be elected to two-year terms of
office.
There shall be no election of town offices at this election
when the first officers of the new corporation are elected and
the offices of the town shall expire when the officers of the
new corporation assume office.
35.06.080
(2010 Ed.)
35.07.040
The ordinances, bylaws, and resolutions adopted by the
old corporation shall, as far as consistent with the provisions
of this title, continue in force until repealed by the council of
the new corporation.
The council and officers of the town shall, upon demand,
deliver to the proper officers of the new corporation all books
of record, documents, and papers in their possession belonging to the old corporation. [1994 c 81 § 9; 1965 c 106 § 1;
1965 c 7 § 35.06.080. Prior: 1890 p 143 § 22; RRS § 8942.]
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Chapter 35.07
Chapter 35.07 RCW
DISINCORPORATION
Sections
35.07.001
35.07.010
35.07.020
35.07.040
35.07.050
35.07.060
35.07.070
35.07.080
35.07.090
35.07.100
35.07.110
35.07.120
35.07.130
35.07.140
35.07.150
35.07.160
35.07.170
35.07.180
35.07.190
35.07.200
35.07.210
35.07.220
35.07.225
35.07.230
35.07.240
35.07.250
35.07.260
Actions subject to review by boundary review board.
Authority for disincorporation.
Petition—Requisites.
Calling election—Receiver.
Notice of election.
Ballots.
Conduct of election.
Canvass of returns.
Effect of disincorporation—Powers—Officers.
Effect of disincorporation—Existing contracts.
Effect of disincorporation—Streets.
Receiver—Qualification—Bond.
Elected receiver—Failure to qualify—Court to appoint.
No receiver elected though indebtedness exists—Procedure.
Duties of receiver—Claims—Priority.
Receiver may sue and be sued.
Receiver—Power to sell property.
Receiver—Power to levy taxes.
Receiver’s compensation.
Receiver—Removal for cause.
Receiver—Successive appointments.
Receiver—Final account and discharge.
Applicability of general receivership law.
Involuntary dissolution of towns—Authorized.
Involuntary dissolution of towns—Notice of hearing.
Involuntary dissolution of towns—Hearing.
Involuntary dissolution of towns—Alternative forms of order.
Census to be made in decennial periods: State Constitution Art. 2 § 3.
Obligations of contract: State Constitution Art. 1 § 23.
Population determinations: Chapter 43.62 RCW.
35.07.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.07 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 26.]
35.07.001
35.07.010 Authority for disincorporation. Cities and
towns may disincorporate. [1994 c 81 § 10; 1965 c 7 §
35.07.010. Prior: 1897 c 69 § 1; RRS § 8914.]
35.07.010
35.07.020 Petition—Requisites. The petition for disincorporation must be signed by a majority of the registered
voters thereof and filed with the city or town council. [1965
c 7 § 35.07.020. Prior: 1897 c 69 § 2, part; RRS § 8915, part.]
35.07.020
35.07.040 Calling election—Receiver. The council
shall cause an election to be called upon the proposition of
disincorporation. If the city or town has any indebtedness or
outstanding liabilities, it shall order the election of a receiver
at the same time. [1997 c 361 § 4; 1965 c 7 § 35.07.040.
Prior: 1897 c 69 § 2, part; RRS § 8915, part.]
35.07.040
[Title 35 RCW—page 17]
35.07.050
Title 35 RCW: Cities and Towns
35.07.050 Notice of election. Notice of such election
shall be given as provided in *RCW 29.27.080. [1965 c 7 §
35.07.050. Prior: 1897 c 69 § 3; RRS § 8916.]
35.07.050
*Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.52.350, see RCW 29A.52.351.
35.07.060 Ballots. The ballots for the election shall be
printed at the expense of the municipality and there shall be
printed thereon the words "for dissolution" in one line and the
words "against dissolution" in another line and in other and
separate lines, the names of each of the lawfully nominated
candidates for receiver. In all other respects the ballots shall
be in conformity with the law regulating elections in such cities and towns. [1965 c 7 § 35.07.060. Prior: 1897 c 69 § 4;
RRS § 8917.]
35.07.060
35.07.070 Conduct of election. The election shall be
conducted as other elections are required by law to be conducted in the city or town except as in this chapter otherwise
provided. [1965 c 7 § 35.07.070. Prior: 1897 c 69 § 5; RRS
§ 8918.]
35.07.070
Conduct of elections—Canvass: RCW 29A.60.010.
35.07.080 Canvass of returns. The result of the election, together with the ballots cast, shall be certified by the
canvassing authority to the council which shall meet within
one week thereafter and shall declare the result which shall be
made a matter of record in the journal of the council proceedings. If the vote "For dissolution" be a majority of the registered voters of such city or town voting at such election, such
corporation shall be deemed dissolved. [1965 c 7 §
35.07.080. Prior: 1933 c 128 § 1, part; 1897 c 69 § 6, part;
Rem. Supp. §8919, part.]
35.07.080
Canvassing returns, generally: Chapter 29A.60 RCW.
35.07.090 Effect of disincorporation—Powers—
Officers. Upon disincorporation of a city or town, its powers
and privileges as such, are surrendered to the state and it is
absolved from any further duty to the state or its own inhabitants and all the offices appertaining thereto shall cease to
exist immediately upon the entry of the result: PROVIDED,
That if a receiver is required, the officers shall continue in the
exercise of all their powers until a receiver has qualified as
such, and thereupon shall surrender to him or her all property,
money, vouchers, records and books of the city or town
including those in any manner pertaining to its business.
[2009 c 549 § 2001; 1965 c 7 § 35.07.090. Prior: 1933 c 128
§ 1, part; 1897 c 69 § 6, part; RRS § 8919, part.]
35.07.090
35.07.100 Effect of disincorporation—Existing contracts. Disincorporation shall not impair the obligation of
any contract. If any franchise lawfully granted has not
expired at the time of disincorporation, the disincorporation
does not impair any right thereunder and does not imply any
authority to interfere therewith to any greater extent than the
city or town might have, if it had remained incorporated.
[1965 c 7 § 35.07.100. Prior: 1897 c 69 § 18; RRS § 8931.]
35.07.100
Obligations of contract shall not be impaired: State Constitution Art. 1 § 23.
[Title 35 RCW—page 18]
35.07.110 Effect of disincorporation—Streets. Upon
disincorporation of a city or town, its streets and highways
pass to the control of the state and shall remain public highways until closed in pursuance of law; and the territory
embraced therein shall be made into a new road district or
annexed to adjoining districts as may be ordered by the board
of county commissioners of the county embracing such city
or town. [1965 c 7 § 35.07.110. Prior: 1897 c 69 § 17; RRS
§ 8930.]
35.07.110
35.07.120 Receiver—Qualification—Bond. The
receiver must qualify within ten days after he or she has been
declared elected, by filing with the county auditor a bond
equal in penalty to the audited indebtedness and the established liabilities of the city or town with sureties approved by
the board of county commissioners, or if the board is not in
session, by the judge of the superior court of the county. The
bond shall run to the state and shall be conditioned for the
faithful performance of his or her duties as receiver and the
prompt payment in the order of their priority of all lawful
claims finally established as the funds come into his or her
hands to discharge them. The bond shall be filed with the
county auditor and shall be a public record and shall be for
the benefit of every person who may be injured by the
receiver’s failure to discharge his or her duty. [2009 c 549 §
2002; 1965 c 7 § 35.07.120. Prior: 1897 c 69 § 7; RRS §
8920.]
35.07.120
35.07.130 Elected receiver—Failure to qualify—
Court to appoint. If the person elected receiver fails to qualify as such within the prescribed time, the council shall file in
the superior court of the county a petition setting forth the
fact of the election, its result and the failure of the person
elected receiver to qualify within the prescribed time and
praying for the appointment of another person as receiver.
Notice of the filing of the petition and of the time fixed for
hearing thereon must be served upon the person elected
receiver at least three days before the time fixed for the hearing. If he or she cannot be found within the county, no notice
need be served, and the court may proceed with full jurisdiction to determine the matter upon the hearing. Unless good
cause to the contrary is shown, the court shall appoint some
suitable person to act as receiver, who shall qualify as
required by RCW 35.07.120 within ten days from the date of
his or her appointment.
If the council fails to procure the appointment of a
receiver, any person qualified to vote in the city or town may
file such a petition and make such application. [2009 c 549 §
2003; 1965 c 7 § 35.07.130. Prior: 1897 c 69 § 8; RRS §
8921.]
35.07.130
35.07.140 No receiver elected though indebtedness
exists—Procedure. If no receiver is elected upon the supposition that no indebtedness existed and it transpires that the
municipality does have indebtedness or an outstanding liability, any interested person may file a petition in the superior
court asking for the appointment of a receiver, and unless the
indebtedness or liability is discharged, the court shall appoint
some suitable person to act as receiver who shall qualify as
required of any other receiver hereunder, within ten days
35.07.140
(2010 Ed.)
Disincorporation
from the date of his or her appointment. [2009 c 549 § 2004;
1965 c 7 § 35.07.140. Prior: 1897 c 69 § 15; RRS § 8928.]
35.07.150 Duties of receiver—Claims—Priority. The
receiver, upon qualifying, shall take possession of all the
property, money, vouchers, records and books of the former
municipality including those in any manner pertaining to its
business and proceed to wind up its affairs. He or she shall
have authority to pay:
(1) All outstanding warrants and bonds in the order of
their maturity with due regard to the fund on which they are
properly a charge;
(2) All lawful claims against the corporation which have
been audited and allowed by the council;
(3) All lawful claims which may be presented to him or
her within the time limited by law for the presentation of such
claims, but no claim shall be allowed or paid which is not presented within six months from the date of the disincorporation election;
(4) All claims that by final adjudication may come to be
established as lawful claims against the corporation.
As between warrants, bonds and other claims, their priority shall be determined with regard to the fund on which
they are properly a charge. [2009 c 549 § 2005; 1965 c 7 §
35.07.150. Prior: 1897 c 69 § 9; RRS § 8922.]
35.07.150
Accident claims, audits: Chapter 35.31 RCW, RCW 35.23.261.
35.07.230
greater than fifty cents per thousand dollars of assessed value
shall be made; nor shall the levy be greater than sufficient to
meet the accruing interest until the bonds mature. [1973 1st
ex.s. c 195 § 11; 1965 c 7 § 35.07.180. Prior: 1897 c 69 § 10,
part; RRS § 8923, part.]
Additional notes found at www.leg.wa.gov
35.07.190 Receiver’s compensation. The receiver
shall be entitled to deduct from any funds coming into his or
her hands a commission of six percent on the first thousand
dollars, five percent on the second thousand and four percent
on any amount over two thousand dollars as his or her full
compensation exclusive of necessary traveling expenses and
necessary disbursements, but not exclusive of attorney’s fees.
[2009 c 549 § 2007; 1965 c 7 § 35.07.190. Prior: 1897 c 69
§ 11; RRS § 8924.]
35.07.190
35.07.200 Receiver—Removal for cause. The receiver
shall proceed to wind up the affairs of the corporation with
diligence and for negligence or misconduct in the discharge
of his or her duties may be removed by the superior court
upon a proper showing made by a taxpayer of the former city
or town or by an unsatisfied creditor thereof. [2009 c 549 §
2008; 1965 c 7 § 35.07.200. Prior: 1897 c 69 § 13, part; RRS
§ 8926, part.]
35.07.200
35.07.210 Receiver—Successive appointments. In the
case of removal, death, or resignation of a receiver, the court
may appoint a new receiver to take charge of the affairs of the
former city or town. [1965 c 7 § 35.07.210. Prior: 1897 c 69
§ 13, part; RRS § 8926, part.]
35.07.210
35.07.160 Receiver may sue and be sued. The receiver
shall have the right to sue and be sued in all cases necessary
or proper for the purpose of winding up the affairs of the
former city or town and shall be subject to suit in all cases
wherein the city or town might have been sued, subject to the
limitations provided in this chapter. [1965 c 7 § 35.07.160.
Prior: 1897 c 69 § 12; RRS § 8925.]
35.07.160
35.07.220 Receiver—Final account and discharge.
Upon the final payment of all lawful demands against the
former city or town, the receiver shall file a final account,
together with all vouchers, with the clerk of the superior
court. Any funds remaining in his or her hands shall be paid
to the county treasurer for the use of the school district in
which the former city or town was situated; and thereupon the
receivership shall be at an end. [2009 c 549 § 2009; 1965 c 7
§ 35.07.220. Prior: 1897 c 69 § 14; RRS § 8927.]
35.07.220
35.07.170 Receiver—Power to sell property. The
receiver shall be authorized to sell at public auction after such
public notice as the sheriff is required to give of like property
sold on execution, all the property of the former municipality
except such as is necessary for his or her use in winding up its
affairs, and excepting also such as has been dedicated to public use.
Personal property shall be sold for cash.
Real property may be sold for all cash, or for one-half
cash and the remainder in deferred payments, the last payment not to be later than one year from date of sale. Title
shall not pass until all deferred payments have been fully
paid. [2009 c 549 § 2006; 1965 c 7 § 35.07.170. Prior: 1897
c 69 § 10, part; RRS § 8923.]
Purpose—Captions not law—2004 c 165: See notes following RCW
7.60.005.
35.07.180 Receiver—Power to levy taxes. In the same
manner and to the same extent as the proper authorities of the
former city or town could have done had it not been disincorporated, the receiver shall be authorized to levy taxes on all
taxable property, to receive the taxes when collected and to
apply them together with the proceeds arising from sales to
the extinguishment of the obligations of the former city or
town.
After all the lawful claims against the former city or
town have been paid excepting bonds not yet due, no levy
35.07.230 Involuntary dissolution of towns—Authorized. If any town fails for two successive years to hold its
regular municipal election, or if the officers elected at the
regular election of any town fail for two successive years to
qualify and the government of the town ceases to function by
reason thereof, the state auditor may petition the superior
court of the county for an order, dissolving the town. In addition to stating the facts which would justify the entry of such
an order, the petition shall set forth a detailed statement of the
assets and liabilities of the town insofar as they can be ascer-
35.07.170
35.07.180
(2010 Ed.)
35.07.225 Applicability of general receivership law.
The provisions of Title 7 RCW generally applicable to
receivers and receiverships do not apply to receivers elected
or appointed under this chapter. [2004 c 165 § 43.]
35.07.225
35.07.230
[Title 35 RCW—page 19]
35.07.240
Title 35 RCW: Cities and Towns
tained. [1995 c 301 § 34; 1965 c 7 § 35.07.230. Prior: 1925
ex.s. c 76 § 1; RRS § 8931-1.]
35.07.240
35.07.240 Involuntary dissolution of towns—Notice
of hearing. Upon the filing of a petition for the involuntary
dissolution of a town, the superior court shall enter an order
fixing the time for hearing thereon at a date not less than
thirty days from date of filing. The state auditor shall give
notice of the hearing by publication in a newspaper of general
circulation in the county, once a week for three successive
weeks, and by posting in three public places in the town, stating therein the purpose of the petition and the date and place
of hearing thereon. [1985 c 469 § 18; 1965 c 7 § 35.07.240.
Prior: 1925 ex.s. c 76 § 2; RRS § 8931-2.]
35.07.250
35.07.250 Involuntary dissolution of towns—Hearing. Any person owning property in or qualified to vote in
the town may appear at the hearing and file written objections
to the granting of the petition. If the court finds that the town
has failed for two successive years to hold its regular municipal election or that its officers elected at a regular election
have failed to qualify for two successive years thereby causing the government of the town to cease to function, it shall
enter an order for disincorporation of the town. [1965 c 7 §
35.07.250. Prior: 1925 ex.s. c 76 § 3, part; RRS § 8931-3,
part.]
35.07.260
35.07.260 Involuntary dissolution of towns—Alternative forms of order. (1) If the court finds that the town has
no indebtedness and no assets, the order of dissolution shall
be effective forthwith.
(2) If the court finds that the town has assets, but no
indebtedness or liabilities, it shall order a sale of the assets
other than cash by the sheriff in the manner provided by law
for the sale of property on execution. The proceeds of the sale
together with any money on hand in the treasury of the town,
after deducting the costs of the proceeding and sale, shall be
paid into the county treasury and placed to the credit of the
school district in which the town is located.
(3) If the court finds that the town has indebtedness or
liabilities and assets other than cash, it shall order the sale of
the assets as provided in subsection (2) hereof and that the
proceeds thereof and the cash on hand shall be applied to the
payment of the indebtedness and liabilities.
(4) If the court finds that the town has indebtedness or
liabilities, but no assets or that the assets are insufficient to
pay the indebtedness and liabilities, it shall order the board of
county commissioners to levy from year to year a tax on the
taxable property within the boundaries of the former town
until the indebtedness and liabilities are paid. All taxes delinquent at the date of dissolution when collected shall be
applied to the payment of the indebtedness and liabilities.
Any balance remaining from the collection of delinquent
taxes and taxes levied under order of the court, after payment
of the indebtedness and liabilities shall be placed to the credit
of the school district in which the town is located. [1965 c 7
§ 35.07.260. Prior: 1925 ex.s. c 76 § 3, part; RRS § 8931-3,
part.]
[Title 35 RCW—page 20]
Chapter 35.10 RCW
CONSOLIDATION AND ANNEXATION OF
CITIES AND TOWNS
Chapter 35.10
Sections
35.10.001
35.10.203
35.10.207
35.10.217
35.10.240
35.10.265
35.10.300
35.10.310
35.10.315
35.10.317
35.10.320
35.10.331
35.10.350
35.10.360
35.10.365
35.10.370
35.10.400
35.10.410
35.10.420
35.10.430
35.10.440
35.10.450
35.10.460
35.10.470
35.10.480
35.10.490
35.10.500
35.10.510
35.10.520
35.10.530
35.10.540
35.10.550
35.10.900
35.10.905
Actions subject to review by boundary review board.
Purpose.
"City" defined.
Methods for annexation.
Annexation—Canvass of votes.
Annexation—When effective—Ordinance.
Disposition of property and assets following consolidation or
annexation.
Assets and liabilities of component cities—Taxation to pay
claims.
Adoption of final budget and levy of property taxes.
Receipt of state funds.
Continuation of ordinances.
Unassumed indebtedness.
Cancellation, acquisition of franchise or permit for operation
of public service business in territory annexed.
Annexation—Transfer of fire department employees.
Annexation—Transfer of fire department employees—Rights
and benefits.
Annexation—Transfer of fire department employees—
Notice—Time limitation.
Consolidation.
Consolidation—Submission of ballot proposal—Initiation by
resolution of legislative body.
Consolidation—Submission of ballot proposal—Initiation by
petition.
Consolidation—Form of government.
Consolidation—Assumption of general obligation indebtedness.
Consolidation—Public meetings on proposal—Role of boundary review board.
Consolidation—Ballot questions.
Consolidation—Canvass of votes.
Consolidation—Elections of officials—Effective date of consolidation.
Consolidation—Name of city.
Consolidation—Costs of election and public meetings.
Consolidation—Transfer of fire department employees.
Consolidation—Transfer of fire department employees—
Rights and benefits.
Consolidation—Transfer of fire department employees—
Notice—Time limitation.
Consolidation—Creation of community municipal corporation.
Consolidation—Wards.
Severability—1969 ex.s. c 89.
Severability—1985 c 281.
Census to be conducted in decennial periods: State Constitution Art. 2 § 3.
Consolidation and annexation exempt from state environmental policy act:
RCW 43.21C.225.
Population determinations: Chapter 43.62 RCW.
Procedure to attack consolidation or annexation affecting a city of the second class: RCW 35.23.545.
35.10.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.10 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 27.]
35.10.001
35.10.203 Purpose. The purpose of this chapter is to
establish clear and uniform provisions of law governing the
consolidation of all types and classes of cities. [1985 c 281 §
1.]
35.10.203
35.10.207 "City" defined. As used in this chapter, the
term "city" means any city or town. [1985 c 281 § 2.]
35.10.207
(2010 Ed.)
Consolidation and Annexation of Cities and Towns
35.10.217 Methods for annexation. The following
methods are available for the annexation of all or a part of a
city or town to another city or town:
(1) A petition for an election to vote upon the annexation, which proposed annexation is approved by the legislative body of the city or town from which the territory will be
taken, may be submitted to the legislative body of the city or
town to which annexation is proposed. An annexation under
this subsection shall otherwise conform with the requirements for and procedures of a petition and election method of
annexing unincorporated territory under chapter 35.13 RCW,
except for the requirement for the approval of the annexation
by the city or town from which the territory would be taken.
(2) The legislative body of a city or town may on its own
initiative by resolution indicate its desire to be annexed to a
city or town either in whole or in part, or the legislative body
of a city or town proposing to annex all or part of another city
or town may initiate the annexation by adopting a resolution
indicating that desire. In case such resolution is passed, such
resolution shall be transmitted to the other affected city or
town. The annexation is effective if the other city or town
adopts a resolution concurring in the annexation, unless the
owners of property in the area proposed to be annexed, equal
in value to sixty percent or more of the assessed valuation of
the property in the area, protest the proposed annexation in
writing to the legislative body of the city or town proposing
to annex the area, within thirty days of the adoption of the
second resolution accepting the annexation. Notices of the
public hearing at which the second resolution is adopted shall
be mailed to the owners of the property within the area proposed to be annexed in the same manner that notices of a
hearing on a proposed local improvement district are required
to be mailed by a city or town as provided in chapter 35.43
RCW. An annexation under this subsection shall be potentially subject to review by a boundary review board or other
annexation review board after the adoption of the initial resolution, and the second resolution may not be adopted until the
proposed annexation has been approved by the board.
(3) The owners of property located in a city or town may
petition for annexation to another city or town. An annexation under this subsection shall conform with the requirements for and procedures of a direct petition method of
annexing unincorporated territory, except that the legislative
body of the city or town from which the territory would be
taken must approve the annexation before it may proceed.
(4) All annexations under this section are subject to
potential review by the local boundary review board or
annexation review board. [1986 c 253 § 1; 1985 c 281 § 15;
1969 ex.s. c 89 § 4.]
35.10.217
35.10.240 Annexation—Canvass of votes. In all cases
of annexation, the county canvassing board or boards shall
canvass the votes cast thereat.
In an election on the question of the annexation of all or
a part of a city to another city, the votes cast in the city or portion thereof to be annexed shall be canvassed, and if a majority of the votes cast be in favor of annexation, the results shall
be included in a statement indicating the total number of
votes cast.
A proposition for the assumption of indebtedness outside
the constitutional and/or statutory limits by the other city or
35.10.240
(2010 Ed.)
35.10.310
cities in which the indebtedness did not originate shall be
deemed approved if a majority of at least three-fifths of the
voters of each city in which the indebtedness did not originate
votes in favor thereof, and the number of persons voting on
such proposition constitutes not less than forty percent of the
total number of votes cast in such cities in which indebtedness did not originate at the last preceding general election:
PROVIDED, HOWEVER, That if general obligation bond
indebtedness was incurred by action by the city legislative
body, a proposition for the assumption of such indebtedness
by the other city or cities in which such indebtedness did not
originate shall be deemed approved if a majority of the voters
of each city in which such indebtedness did not originate
votes in favor thereof.
A duly certified copy of such statement of an annexation
election shall be filed with the legislative body of each of the
cities affected and recorded upon its minutes, and it shall be
the duty of the clerk, or other officer performing the duties of
clerk, of each of such legislative bodies, to transmit to the
secretary of state and the office of financial management a
duly certified copy of the record of such statement. [1985 c
281 § 16; 1981 c 157 § 1; 1973 1st ex.s. c 195 § 12; 1969 ex.s.
c 89 § 7; 1967 c 73 § 17; 1965 c 7 § 35.10.240. Prior: 1929 c
64 § 5; RRS § 8909-5. Formerly RCW 35.10.070.]
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
Additional notes found at www.leg.wa.gov
35.10.265 Annexation—When effective—Ordinance.
Immediately after the filing of the statement of an annexation
election, the legislative body of the annexing city may, if it
deems it wise or expedient, adopt an ordinance providing for
the annexation. Upon the date fixed in the ordinance of
annexation, the area annexed shall become a part of the
annexing city. The clerk of the annexing city shall transmit a
certified copy of this ordinance to the secretary of state and
the office of financial management. [1985 c 281 § 17; 1981
c 157 § 3; 1969 ex.s. c 89 § 10.]
35.10.265
35.10.300 Disposition of property and assets following consolidation or annexation. Upon the consolidation of
two or more cities, or the annexation of any city to another
city, as provided in this chapter, the title to all property and
assets owned by, or held in trust for, such former city shall
vest in such consolidated city, or annexing city, as the case
may be: PROVIDED, That if any such former city, shall be
indebted, the proceeds of the sale of any such property and
assets not required for the use of such consolidated city, or
annexing city, shall be applied to the payment of such indebtedness, if any exist at the time of such sale. [1985 c 281 § 18;
1969 ex.s. c 89 § 12; 1965 c 7 § 35.10.300. Prior: 1929 c 64
§ 11; RRS § 8909-11. Formerly RCW 35.10.100 and
35.11.080, part.]
35.10.300
35.10.310 Assets and liabilities of component cities—
Taxation to pay claims. Such consolidation, or annexation,
shall in no wise affect or impair the validity of claim or chose
in action existing in favor of or against, any such former city
so consolidated or annexed, or any proceeding pending in
relation thereto, but such consolidated or annexing city shall
35.10.310
[Title 35 RCW—page 21]
35.10.315
Title 35 RCW: Cities and Towns
collect such claims in favor of such former cities, and shall
apply the proceeds to the payment of any just claims against
them respectively, and shall when necessary levy and collect
taxes against the taxable property within any such former city
sufficient to pay all just claims against it. [1985 c 281 § 19;
1969 ex.s. c 89 § 13; 1965 c 7 § 35.10.310. Prior: 1929 c 64
§ 12; RRS § 8909-12. Formerly RCW 35.10.110, 35.10.130,
part, and 35.11.080, part.]
35.10.315
35.10.315 Adoption of final budget and levy of property taxes. Upon the consolidation of two or more cities, or
the annexation of any city after March 1st and prior to the
date of adopting the final budget and levying the property tax
dollar rate in that year for the next calendar year, the legislative body of the consolidated city or the annexing city is
authorized to adopt the final budget and to levy the property
tax dollar rate for the consolidated cities and any city
annexed. [1985 c 281 § 20; 1973 1st ex.s. c 195 § 13; 1969
ex.s. c 89 § 14.]
Additional notes found at www.leg.wa.gov
35.10.317
35.10.317 Receipt of state funds. Upon the consolidation of two or more cities, or the annexation of any city, the
consolidated or annexing city shall receive all state funds to
which the component cities would have been entitled to
receive during the year when such consolidation or annexation became effective. [1985 c 281 § 21; 1969 ex.s. c 89 §
15.]
35.10.350 Cancellation, acquisition of franchise or
permit for operation of public service business in territory annexed. See RCW 35.13.280.
35.10.350
35.10.360 Annexation—Transfer of fire department
employees. (1) If any portion of a fire protection district is
proposed for annexation to or incorporation into a city, code
city, or town, both the fire protection district and the city,
code city, or town shall jointly inform the employees of the
fire protection district about hires, separations, terminations,
and any other changes in employment that are a direct consequence of annexation or incorporations at the earliest reasonable opportunity.
(2) Upon the annexation of two or more cities or code
cities, any employee of the fire department of the former city
or cities who (a) was at the time of annexation employed
exclusively or principally in performing the powers, duties,
and functions which are to be performed by the fire department of the annexed city or code city, as the case may be, (b)
will, as a direct consequence of annexation, be separated
from the employ of the former city, code city or town, and (c)
can perform the duties and meet the minimum requirements
of the position to be filled, then such employee may transfer
employment to the fire department of the annexing city, as
provided in this section and RCW 35.10.365 and 35.10.370.
(3) For purposes of this section and RCW 35.10.365 and
35.10.370, employee means an individual whose employment has been terminated because of annexation by a city,
code city or town. [2009 c 60 § 1; 1986 c 254 § 4.]
35.10.360
35.10.365 Annexation—Transfer of fire department
employees—Rights and benefits. (1) An eligible employee
may transfer into the civil service system of the annexing
city, code city, or town by filing a written request with the
city, code city, or town civil service commission. Upon
receipt of the request by the civil service commission, the
transfer of employment must be made. The needed employees shall be taken in order of seniority and the remaining
employees who transfer as provided in this section and RCW
35.10.360 and 35.10.370 shall head the list for employment
in the civil service system in order of their seniority, to the
end that they shall be the first to be reemployed in the city,
code city, or town fire department when appropriate positions
become available: PROVIDED, That employees who are not
immediately hired by the city, code city, or town shall be
placed on a reemployment list for a period not to exceed
thirty-six months unless a longer period is authorized by an
agreement reached between the collective bargaining representatives of the employees of the annexing and annexed fire
agencies and the annexing and annexed fire agencies.
(2)(a) Upon transfer, an employee is entitled to the
employee rights, benefits, and privileges to which he or she
would have been entitled as an employee of the fire protection district, including rights to:
(i) Compensation at least equal to the level of compensation at the time of transfer, unless the employee’s rank and
duties have been reduced as a result of the transfer. If the
transferring employee is placed in a position with reduced
rank and duties, the employee’s compensation may be
adjusted, but the adjustment may not result in a decrease of
greater than fifty percent of the difference between the
35.10.365
35.10.320
35.10.320 Continuation of ordinances. All ordinances
in force within any such former city or cities, at the time of
consolidation or annexation, not in conflict with the laws
governing the consolidated city, or with the ordinances of the
former city having the largest population, as shown by the
last determination of the office of financial management shall
remain in full force and effect until superseded or repealed by
the legislative body of the consolidated or annexing city, and
shall be enforced by such city, but all ordinances of such
former cities, in conflict with such ordinances shall be
deemed repealed by, and from and after, such consolidation
or annexation, but nothing in this section shall be construed
to discharge any person from any liability, civil or criminal,
for any violation of any ordinance of such former city or cities incurred prior to such consolidation or annexation. [1985
c 281 § 22; 1981 c 157 § 4; 1969 ex.s. c 89 § 16; 1965 c 7 §
35.10.320. Prior: 1929 c 64 § 13; RRS § 8909-13. Formerly
RCW 35.10.120 and 35.11.080, part.]
35.10.331
35.10.331 Unassumed indebtedness. Unless indebtedness approved by the voters, contracted, or incurred prior to
the date of consolidation or annexation as provided herein
has been assumed by the voters in the other city or cities in
which such indebtedness did not originate, such indebtedness
continues to be the obligation of the city in which it originated, and the legislative body of the consolidated or annexing city shall continue to levy the necessary taxes within the
former city that incurred this indebtedness to amortize such
indebtedness. [1985 c 281 § 23; 1969 ex.s. c 89 § 17.]
[Title 35 RCW—page 22]
(2010 Ed.)
Consolidation and Annexation of Cities and Towns
employee’s compensation before the transfer and the compensation level for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other
accrued benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no requirement for an additional probationary period if
one had been completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer
an agreement for different terms of transfer is reached
between the collective bargaining representatives of the
transferring employees and the participating fire protection
jurisdictions.
(3) If upon transfer, the transferring employee receives
the rights, benefits, and privileges established under subsection (2)(a)(i) through (iv) of this section, those rights, benefits, and privileges are subject to collective bargaining at the
end of the current bargaining period for the jurisdiction to
which the employee has transferred.
(4) Such bargaining must take into account the years of
service the transferring employee accumulated before the
transfer and must be treated as if those years of service
occurred in the jurisdiction to which the employee has transferred. [2009 c 60 § 2; 1994 c 73 § 1; 1986 c 254 § 5.]
Additional notes found at www.leg.wa.gov
35.10.370 Annexation—Transfer of fire department
employees—Notice—Time limitation. If, as a result of
annexation of two or more cities, or code cities any employee
is laid off who is eligible to transfer to the city, code city or
town fire department under this section and RCW 35.10.360
and 35.10.365 the fire department shall notify the employee
of the right to transfer and the employee shall have ninety
days to transfer employment to the annexing city or code city
fire department. [1986 c 254 § 6.]
35.10.370
35.10.400 Consolidation. Two or more contiguous cities located in the same or different counties may consolidate
into one city by proceedings in conformity with the provisions of this chapter. When cities are separated by water
and/or tide or shore lands they shall be deemed contiguous
for all the purposes of this chapter and, upon a consolidation
of such cities under the provisions of this chapter, any such
intervening water and/or tide or shore lands shall become a
part of the consolidated city. The consolidated city shall
become a noncharter code city operating under Title 35A
RCW. [1985 c 281 § 3.]
35.10.400
35.10.410 Consolidation—Submission of ballot proposal—Initiation by resolution of legislative body. The
submission of a ballot proposal to the voters of two or more
contiguous cities for the consolidation of these contiguous
cities may be caused by the adoption of a joint resolution, by
a majority vote of each city legislative body, seeking consolidation of such contiguous cities. The joint resolution shall
provide for submission of the question to the voters at the
next general municipal election, if one is to be held more than
ninety days but not more than one hundred eighty days after
the passage of the joint resolution, or shall call for a special
35.10.410
(2010 Ed.)
35.10.430
election to be held for that purpose at the next special election
date, as specified in *RCW 29.13.020, that occurs ninety or
more days after the passage of the joint resolution. The legislative bodies of the cities also shall notify the county legislative authority of each county in which the cities are located of
the proposed consolidation. [1985 c 281 § 4.]
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.10.420 Consolidation—Submission of ballot proposal—Initiation by petition. The submission of a ballot
proposal to the voters of two or more contiguous cities for the
consolidation of these contiguous cities may also be caused
by the filing of a petition with the legislative body of each
such city, signed by the voters of each city in number equal to
not less than ten percent of voters who voted in the city at the
last general municipal election therein, seeking consolidation
of such contiguous cities. A copy of the petition shall be forwarded immediately by each city to the auditor of the county
or counties within which that city is located.
The county auditor or auditors shall determine the sufficiency of the signatures in each petition within ten days of
receipt of the copies and immediately notify the cities proposed to be consolidated of the sufficiency. If each of the
petitions is found to have sufficient valid signatures, the auditor or auditors shall call a special election at which the question of whether such cities shall consolidate shall be submitted to the voters of each of such cities. If a general election is
to be held more than ninety days but not more than one hundred eighty days after the filing of the last petition, the question shall be submitted at that election. Otherwise the question shall be submitted at a special election to be called for
that purpose at the next special election date, as specified in
*RCW 29.13.020, that occurs ninety or more days after the
date when the last petition was filed.
If each of the petitions is found to have sufficient valid
signatures, the auditor or auditors also shall notify the county
legislative authority of each county in which the cities are
located of the proposed consolidation.
Petitions shall conform with the requirements for form
prescribed in RCW 35A.01.040, except different colored
paper may be used on petitions circulated in the different cities. A legal description of the cities need not be included in
the petitions. [1995 c 196 § 7; 1985 c 281 § 5.]
35.10.420
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.10.430 Consolidation—Form of government. A
joint resolution or petition shall prescribe the form or plan of
government of the proposed consolidated city, or shall provide that a ballot proposition to determine the form or plan of
government shall be submitted to the voters of the cities proposed to be consolidated. The plans or forms of government
include: Mayor/council, council/manager, and commission.
If a commission form or plan of government is prescribed or
chosen by the voters, the commission shall be subject to
chapter 35.17 RCW and the noncharter code city shall be
assumed to have had a commission plan or form of government prior to its becoming a noncharter code city, as provided in RCW 35A.02.130. However, three commissioners
35.10.430
[Title 35 RCW—page 23]
35.10.440
Title 35 RCW: Cities and Towns
would be elected at the election provided in RCW 35.10.480.
[1985 c 281 § 6.]
35.10.440
35.10.440 Consolidation—Assumption of general
obligation indebtedness. A joint resolution or a petition
may contain a proposal that a general obligation indebtedness
of one or more of the cities proposed to be consolidated shall
be assumed by the proposed consolidated city, in which
event, the joint resolution or petition shall specify the
improvement or service for which such general obligation
indebtedness was incurred and state the amount of any such
indebtedness then outstanding and the rate of interest payable
thereon. [1985 c 281 § 7.]
35.10.450
35.10.450 Consolidation—Public meetings on proposal—Role of boundary review board. The county legislative authority, or the county legislative authorities jointly,
shall set the date, time, and place for one or more public
meetings on the proposed consolidation, and name a person
or persons to chair the meetings. There shall be at least one
public meeting in each county in which one or more of the
cities proposed to be consolidated is located. A county legislative authority may name the members of the boundary
review board, if one exists in the county, to chair one or more
of the public meetings held in that county. In addition to any
meeting held by the county, a boundary review board, if
requested by a majority of the county legislative authority,
may hold a public meeting on proposed consolidation of cities. The meeting shall be limited to receiving comments and
written materials from citizens and city officials on the proposed consolidation of that portion of cities located in the
county which the boundary review board serves. The record
and proceedings of the boundary review board are supplemental and advisory to the consolidation of cities. If a boundary review board meets pursuant to this section, the boundary
review board may include, as part of its record, comments
pertaining to the probable environmental impact of the proposed consolidation. The record of the meeting and advisory
comments of the board, if any, must be filed with the county
legislative authority no later than twenty days before the date
of the election at which the question of consolidating the cities is presented to the voters. The boundary review board
shall not have any authority or jurisdiction on city consolidations under chapter 36.93 RCW. A public meeting shall be
held at each specified date, time, and place. The public meetings of the county or the boundary review board shall be held
at least twenty but not more than forty-five days before the
date of the election at which the question of consolidating the
cities is presented to the voters.
At each public meeting, each city proposed to be consolidated shall present testimony and written materials concerning the following topics: (1) The rate or rates of property
taxes imposed by the city, and the purposes of these levies;
(2) the excise taxes imposed by the city, including the tax
bases and rates; and (3) the indebtedness of the city, including general indebtedness, both voter-approved and nonvoterapproved, as well as the city’s special indebtedness, such as
revenue bond indebtedness. Any interested person, including
the officials of the cities proposed to be consolidated, may
[Title 35 RCW—page 24]
present information concerning the proposed consolidation
and testify for or against the proposed consolidations.
Notice of each public meeting shall be published by the
county within whose boundaries the public meeting is held in
the normal manner notices of county hearings are published.
[1985 c 281 § 8.]
35.10.460 Consolidation—Ballot questions. If a proposal for assumption of indebtedness is to be submitted to the
voters of a city in which the indebtedness did not originate,
the proposal shall be separately stated and the ballots shall
contain, as a separate proposition to be voted on, the words
"For Assumption of Indebtedness to be paid by the levy of
annual property taxes in excess of regular property taxes" and
"Against Assumption of Indebtedness to be paid by the levy
of annual property taxes in excess of regular property taxes"
or words equivalent thereto. If the question of the form or
plan of government is to be submitted to the voters, the question shall be separately stated and the ballots shall contain, as
a separate proposition to be voted on, the option of a voter to
select one of the three forms or plans of government. If the
question of the name of the proposed consolidated city is to
be submitted to the voters, the question shall be separately
stated and the ballots shall contain, as a separate proposition
to be voted on, the option of a voter to select one of the names
of the proposed consolidated city. [1995 c 196 § 1; 1985 c
281 § 9.]
35.10.460
35.10.470 Consolidation—Canvass of votes. The
county canvassing board in each county involved shall canvass the returns in each election. The votes cast in each of
such cities shall be canvassed separately, and the statement
shall show the whole number of votes cast, the number of
votes cast in each city for consolidation, and the number of
votes cast in each city against such consolidation. If a proposal for assumption or indebtedness was voted upon in a city
in which the indebtedness did not originate, the statement
shall show the number of votes cast in such a city for assumption of indebtedness and the number of votes cast against
assumption of indebtedness. If a question of the form or plan
of government was voted upon, the statement shall show the
number of votes cast in each city for each of the optional
forms or plans of government. If a name for the proposed
consolidated city was voted upon, the statement shall show
the number of votes cast in each city for each optional name.
A certified copy of such statement shall be filed with the legislative body of each of the cities proposed to be consolidated.
If it appears from such statement of canvass that a majority of the votes cast in each of the cities were in favor of consolidation, the consolidation shall be authorized and shall be
effective when the newly elected legislative body members
assume office, as provided in RCW 35.10.480.
If a question of the form or plan of government was
voted upon, that form or plan receiving the greatest combined
number of votes shall become the form or plan of government
for the consolidated city. If two or three of the forms or plans
of government received the same highest number of votes,
the form or plan of government shall be chosen by lot
between those receiving the same highest number, where the
35.10.470
(2010 Ed.)
Consolidation and Annexation of Cities and Towns
mayor of the largest of the cities proposed to be consolidated
draws the lot at a public meeting.
If a proposition to assume indebtedness was submitted to
voters of a city in which the indebtedness did not originate,
the proposition shall be deemed approved if approved by a
majority of at least three-fifths of the voters of the city, and
the number of persons voting on the proposition constitutes
not less than forty percent of the number of votes cast in the
city at the last preceding general election. Approval of the
proposition authorizes annual property taxes to be levied on
the property within the city in which the indebtedness did not
originate that are in excess of regular property taxes. However, if the general indebtedness in question was incurred by
action of a city legislative body, a proposition for assuming
the indebtedness need only be approved by a simple majority
vote of the voters of the city in which such indebtedness did
not originate.
If a question of the name of the proposed consolidated
city was voted upon, that name receiving the greatest combined number of votes shall become the name of the consolidated city. If two proposed names receive the same number
of votes, the name shall be chosen by lot, where the mayor of
the largest of the cities proposed to be consolidated draws the
lot at a public meeting. [1995 c 196 § 2; 1985 c 281 § 10.]
35.10.480 Consolidation—Elections of officials—
Effective date of consolidation. If the voters of each of the
cities proposed to consolidate approve the consolidation,
elections to nominate and elect the elected officials of the
consolidated city shall be held at times specified in RCW
35A.02.050. If the joint resolution or the petitions prescribe
that councilmembers of the consolidated city shall be elected
from wards, then the councilmembers shall be elected from
wards under RCW 35A.12.180. Terms shall be established as
if the city is initially incorporating.
The newly elected officials shall take office immediately
upon their qualification. The effective date of the consolidation shall be when a majority of the newly elected members
of the legislative body assume office. The clerk of the newly
consolidated city shall transmit a duly certified copy of an
abstract of the votes to authorize the consolidation and of the
election of the newly elected city officials to the secretary of
state and the office of financial management. [1995 c 196 §
3; 1985 c 281 § 11.]
35.10.480
35.10.490 Consolidation—Name of city. A joint resolution or the petitions may prescribe the name of the proposed
consolidated city or may provide that a ballot proposition to
determine the name of the proposed consolidated city be submitted to the voters of the cities proposed to be consolidated.
If two alternative names are submitted, the name receiving
the simple majority vote of the voters voting on the question
shall become the name of the consolidated city. If the name
for the proposed consolidated city is not prescribed by the
joint resolution or petition, or a proposition on the name is not
submitted to the voters of the cities proposed to be consolidated, then the newly consolidated city shall be known as the
city of . . . . . . (listing the names of the cities that were consolidated in alphabetical order). The legislative body of the
newly consolidated city may present another name or two
35.10.490
(2010 Ed.)
35.10.520
names for the newly consolidated city to the city voters for
their approval or rejection at the next municipal general election held after the effective date of the consolidation. If only
one alternative name is submitted, this alternative name shall
become the name of the consolidated city if approved by a
simple majority vote of the voters voting on the question. If
two alternative names are submitted, the name receiving the
simple majority vote of the voters voting on the question shall
become the name of the consolidated city. [1995 c 196 § 4;
1985 c 281 § 12.]
35.10.500 Consolidation—Costs of election and public meetings. If consolidation is authorized, the costs of such
election and the public meetings shall be borne by the city
formed by such consolidation. If the consolidation is not
authorized, the costs of election and the public meetings shall
be borne proportionately by each city affected, in that ratio in
which the number of inhabitants residing in the total area in
which the election was held, as shown by the figures released
at the most recent state or federal census or by a determination of the office of financial management. [1985 c 281 §
13.]
35.10.500
35.10.510 Consolidation—Transfer of fire department employees. Upon the consolidation of two or more cities or code cities, any employee of the fire department of the
former city or cities who (1) was at the time of consolidation
employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the
fire department of the consolidated city or code city, as the
case may be, (2) will, as a direct consequence of consolidation, be separated from the employ of the former city, code
city or town, and (3) can perform the duties and meet the minimum requirements of the position to be filled, then such
employee may transfer employment to the fire department of
the consolidated city, as provided in this section and RCW
35.10.520 and 35.10.530.
For purposes of this section and RCW 35.10.520 and
35.10.530, employee means an individual whose employment has been terminated because of a consolidation of two
or more cities, code cities or towns. [1986 c 254 § 1.]
35.10.510
Additional notes found at www.leg.wa.gov
35.10.520 Consolidation—Transfer of fire department employees—Rights and benefits. (1) An eligible
employee may transfer into the civil service system of the
consolidated city or code city by filing a written request with
the civil service commission of the consolidated city. Upon
receipt of such request by the civil service commission the
transfer of employment shall be made. The employee so
transferring will (a) be on probation for the same period as
are new employees in the position filled, but if the transferring employee has already completed a probationary period
as a firefighter prior to the transfer, then the employee may
only be terminated during the probationary period for failure
to adequately perform assigned duties, not meeting the minimum qualifications of the position, or behavior that would
otherwise be subject to disciplinary action, (b) be eligible for
promotion no later than after completion of the probationary
period, (c) receive a salary at least equal to that of other new
35.10.520
[Title 35 RCW—page 25]
35.10.530
Title 35 RCW: Cities and Towns
employees in the position filled, and (d) in all other matters,
such as retirement, sick leave, and vacation, have, within the
city or code city civil service system, all the rights, benefits,
and privileges to which he or she would have been entitled as
a member of the consolidated city fire department from the
beginning of his or her employment with the former city or
code city fire department: PROVIDED, That for purposes of
layoffs by the consolidated city or code city, only the time of
service accrued with the consolidated city or code city shall
apply unless an agreement is reached between the collective
bargaining representatives of the employees of the consolidating fire agencies and consolidated agencies and the consolidating and consolidated fire agencies. A record of the
employee’s service with the former city or code city fire
department shall be transmitted to the applicable civil service
commission and shall be credited to such employee as a part
of the period of employment in the consolidated city fire
department. All accrued benefits are transferable provided
that the recipient agency provides comparable benefits. All
benefits shall then accrue based on the combined seniority of
each employee in the recipient agency.
(2) As many of the transferring employees shall be
placed upon the payroll of the consolidated city or code city
fire department as the department determines are needed to
provide services. These needed employees shall be taken in
order of greatest seniority from any of the seniority lists of
the consolidating city or code city and the remaining employees who transfer as provided in this section and RCW
35.10.510 and 35.10.530 shall head the list for employment
in the civil service system in order of their seniority, to the
end that they shall be the first to be reemployed in the fire
department when appropriate positions become available:
PROVIDED, That employees who are not immediately hired
by the city, code city, or town shall be placed on a reemployment list for a period not to exceed thirty-six months unless a
longer period is authorized by an agreement reached between
the collective bargaining representatives of the employees of
the consolidating fire agencies and consolidated fire agency
and the consolidating and consolidated fire agencies.
(3) The consolidated city or code city shall retain the
right to select the fire chief and assistant fire chiefs regardless
of seniority. [1994 c 73 § 2; 1986 c 254 § 2.]
Additional notes found at www.leg.wa.gov
35.10.530 Consolidation—Transfer of fire department employees—Notice—Time limitation. If, as a result
of consolidation of two or more cities, or code cities, any
employee is laid off who is eligible to transfer to the city fire
department pursuant to this section and RCW 35.10.510 and
35.10.520, the city fire department shall notify the employee
of the right to so transfer and the employee shall have ninety
days to transfer employment to the consolidating city, or code
city fire department. [1986 c 254 § 3.]
35.10.530
Additional notes found at www.leg.wa.gov
35.10.540 Consolidation—Creation of community
municipal corporation. Voters of one or more of the cities
that are proposed to be consolidated may have a ballot proposition submitted to them authorizing the simultaneous creation of a community municipal corporation and election of
35.10.540
[Title 35 RCW—page 26]
community council members as provided for under chapter
35.14 RCW. The joint resolution that initiates a consolidation
under RCW 35.10.410 may provide for the question of
whether a community municipal corporation shall be created
to be submitted to the voters of one or more of the cities that
are proposed to be consolidated as a separate ballot measure
from the ballot measure authorizing the consolidation or as
part of the same ballot measure authorizing the consolidation.
The petitions that are signed by the voters of each of the cities
that are proposed to be consolidated under RCW 35.10.420
may provide for the question of whether to create a community municipal corporation to be submitted to the voters of
that city as a separate ballot measure from the ballot measure
authorizing the consolidation or as part of the same ballot
measure authorizing the consolidation.
The ballots shall contain the words "For consolidation
and creation of community municipal corporation" and
"Against consolidation and creation of community municipal
corporation," or "For creation of community municipal corporation" and "Against creation of community municipal corporation," as the case may be. Approval of either optional
ballot proposition shall be by simple majority vote of the voters voting on the proposition, but the consolidation must be
authorized by the voters of each city proposed to be consolidated before a community municipal corporation is created.
[1993 c 75 § 2.]
35.10.550
35.10.550 Consolidation—Wards. Unless a commission form of government is prescribed or submitted to the
voters under RCW 35.10.430, a joint resolution or petition
may prescribe that wards be used to elect the councilmembers of the consolidated city. The joint resolution or petition
must contain a map of the proposed consolidated city that
clearly delineates the boundaries of each ward. Each ward in
the proposed consolidated city shall contain approximately
the same population. To the greatest extent possible, the
integrity of the boundaries of the cities that are proposed to be
consolidated shall be respected when the wards are drawn so
that the territory within each city is: (1) Included within the
fewest number of wards, to the extent the city has a population that is greater than the maximum population established
for each ward; or (2) included wholly within one ward, to the
extent the city has a population that is equal to or less than the
maximum population established for each ward. After the
election specified in RCW 35.10.480, election wards may be
modified in the manner specified in RCW 35A.12.180.
[1995 c 196 § 6.]
35.10.900
35.10.900 Severability—1969 ex.s. c 89. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1969 ex.s. c 89 § 19.]
35.10.905
35.10.905 Severability—1985 c 281. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 281 § 31.]
(2010 Ed.)
Annexation of Unincorporated Areas
Chapter 35.13 RCW
ANNEXATION OF UNINCORPORATED AREAS
Chapter 35.13
Sections
35.13.001
35.13.005
35.13.010
35.13.015
35.13.020
35.13.030
35.13.040
35.13.050
35.13.060
35.13.070
35.13.080
35.13.090
35.13.095
35.13.100
35.13.110
35.13.120
35.13.125
35.13.130
35.13.140
35.13.150
35.13.160
35.13.165
35.13.170
35.13.171
35.13.172
35.13.173
35.13.174
35.13.176
35.13.177
35.13.178
35.13.180
35.13.182
35.13.1821
35.13.1822
35.13.185
35.13.190
35.13.200
35.13.210
35.13.215
35.13.225
35.13.235
35.13.238
35.13.249
(2010 Ed.)
35.13.252
35.13.260
35.13.270
Actions subject to review by boundary review board.
Annexations beyond urban growth areas prohibited.
Authority for annexation.
Election method—Resolution for election—Contents of resolution.
Election method—Petition for election—Signers—Rate of
assessment in annexed area—Comprehensive plan—
Community municipal corporation—Filing and
approval—Costs.
Election method—Petition for election—Content.
Election method—Hearing—Notice.
Election method—Petition or resolution for election—Others
covering same area barred from consideration, withdrawal.
Election method—Fixing date of election.
Election method—Conduct of election.
Election method—Notice of election.
Election method—Vote required—Proposition for assumption of indebtedness—Certification.
Election method—Vote required for annexation with
assumption of indebtedness—Without assumption of
indebtedness.
Election method—Ordinances required upon voter
approval—Assumption of indebtedness.
Election method—Effective date of annexation or annexation
and comprehensive plan or annexation and creation of
community municipal corporation, taxation of area
annexed.
Election method is alternative.
Direct petition method—Commencement of proceedings—
Notice to legislative body—Meeting—Assumption of
indebtedness—Comprehensive plan.
Direct petition method—Petition—Signers—Content.
Direct petition method—Notice of hearing.
Direct petition method—Ordinance providing for annexation.
Direct petition method—Effective date of annexation or
annexation and comprehensive plan—Assessment, taxation of territory annexed.
Termination of annexation proceedings in cities over four
hundred thousand—Declarations of termination filed by
property owners.
Direct petition method is alternative.
Review board—Convening—Composition.
When review procedure may be dispensed with.
Determination by review board—Factors considered—Filing
of findings.
Date for annexation election if review board’s determination
favorable.
Territory subject to annexation proposal—When annexation
by another city or incorporation allowed.
Comprehensive land use plan for area to be annexed—Contents—Purpose.
Comprehensive land use plan for area to be annexed—Hearings on proposed plan—Notice—Filing.
Annexation for municipal purposes.
Annexation of unincorporated island of territory—Resolution—Notice of hearing.
Annexation of unincorporated island of territory—Referendum—Election.
Annexation of unincorporated island of territory—Notice,
hearing.
Annexation of federal areas by first-class city.
Annexation of federal areas by second-class cities and towns.
Annexation of federal areas by second-class cities and
towns—Annexation ordinance—Provisions.
Annexation of federal areas by second-class cities and
towns—Authority over annexed territory.
Annexation of fire districts—Transfer of employees.
Annexation of fire districts—Transfer of employees—Rights
and benefits.
Annexation of fire districts—Transfer of employees—
Notice—Time limitation.
Annexation of territory served by fire districts, interlocal
agreement process—Annexation of fire districts, transfer
of employees.
Annexation of fire districts—Ownership of assets of fire protection district—Outstanding indebtedness not affected.
35.13.280
35.13.290
35.13.300
35.13.310
35.13.320
35.13.330
35.13.340
35.13.350
35.13.360
35.13.370
35.13.380
35.13.390
35.13.400
35.13.410
35.13.420
35.13.430
35.13.440
35.13.450
35.13.460
35.13.470
35.13.480
35.13.490
35.13.500
35.13.900
35.13.005
Fire protection and safety in proposed annexed territory—
Report request.
Determining population of annexed territory—Certificate—
As basis for allocation of state funds—Revised certificate.
Taxes collected in annexed territory—Notification of annexation.
Cancellation, acquisition of franchise or permit for operation
of public service business in territory annexed—Regulation of solid waste collection.
When right-of-way may be included—Use of right-of-way
line as corporate boundary.
Boundary line adjustment—Purpose—Definition.
Boundary line adjustment—Agreement—Not subject to
review.
Boundary line adjustment—When adjustment required—
Limitation—Not subject to review.
Boundary line adjustment—Agreement pending incorporation—Limitation—Not subject to review.
Boundary line adjustment—Inclusion or exclusion of
remaining portion of parcel—When subject to review—
Definition.
Providing annexation information to public.
Transfer of county sheriff’s employees—Purpose.
Transfer of county sheriff’s employees—When authorized.
Transfer of county sheriff’s employees—Conditions, limitations.
Transfer of county sheriff’s employees—Rules.
Transfer of county sheriff’s employees—Notification of right
to transfer—Time for filing transfer request.
Alternative direct petition method—Commencement of proceedings—Notice to legislative body—Meeting—
Assumption of indebtedness—Comprehensive plan.
Alternative direct petition method—Petition—Signers—
Content.
Alternative direct petition method—Notice of hearing.
Alternative direct petition method—Ordinance providing for
annexation.
Alternative direct petition method—Effective date of annexation and comprehensive plan—Assessment, taxation of
territory annexed.
Alternative direct petition method—Method is alternative.
Annexation of territory within urban growth areas—Interlocal agreement—Public hearing—Ordinance providing for
annexation.
Annexation of territory within urban growth areas—County
may initiate process with other cities or towns—Interlocal
agreement—Public hearing—Ordinance—Referendum—
Election, when necessary.
Annexation of territory used for an agricultural fair.
Annexation of territory within regional transit authorities.
Application of chapter to annexations involving water or
sewer service.
Annexation of fire protection district territory: RCW 35.02.190 through
35.02.205.
Consolidation and annexation of cities and towns: Chapter 35.10 RCW.
Local governmental organizations, actions affecting boundaries, review by
boundary review board: Chapter 36.93 RCW.
Population determinations: Chapter 43.62 RCW.
Procedure to attack consolidation or annexation affecting a city of the second class: RCW 35.23.545.
Provisions relating to city annexation review boards not applicable where
boundary review board created: RCW 36.93.220.
35.13.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.13 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 28.]
35.13.001
35.13.005 Annexations beyond urban growth areas
prohibited. No city or town located in a county in which
urban growth areas have been designated under RCW
36.70A.110 may annex territory beyond an urban growth
area. [1990 1st ex.s. c 17 § 30.]
35.13.005
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 27]
35.13.010
Title 35 RCW: Cities and Towns
35.13.010
35.13.010 Authority for annexation. Any portion of a
county not incorporated as part of a city or town but lying
contiguous thereto may become a part of the city or town by
annexation. An area proposed to be annexed to a city or town
shall be deemed contiguous thereto even though separated by
water or tide or shore lands on which no bona fide residence
is maintained by any person. [2009 c 402 § 2; 1965 c 7 §
35.13.010. Prior: 1959 c 311 § 1; prior: (i) 1937 c 110 § 1;
1907 c 245 § 1; RRS § 8896. (ii) 1945 c 128 § 1; Rem. Supp.
1945 § 8909-10.]
Intent—2009 c 402: See note following RCW 35.13.490.
Additional notes found at www.leg.wa.gov
35.13.015
35.13.015 Election method—Resolution for election—Contents of resolution. In addition to the method
prescribed by RCW 35.13.020 for the commencement of
annexation proceedings, the legislative body of any city or
town may, whenever it shall determine by resolution that the
best interests and general welfare of such city or town would
be served by the annexation of unincorporated territory contiguous to such city or town, file a certified copy of the resolution with the board of county commissioners of the county
in which said territory is located. The resolution of the city or
town initiating such election shall, subject to RCW
35.02.170, describe the boundaries of the area to be annexed,
as nearly as may be state the number of voters residing
therein, pray for the calling of an election to be held among
the qualified voters therein upon the question of annexation,
and provide that said city or town will pay the cost of the
annexation election. The resolution may require that there
also be submitted to the electorate of the territory sought to be
annexed a proposition that all property within the area
annexed shall, upon annexation, be assessed and taxed at the
same rate and on the same basis as the property of such
annexing city or town is assessed and taxed to pay for all or
any portion of the then outstanding indebtedness of the city or
town to which said area is annexed, approved by the voters,
contracted, or incurred prior to, or existing at, the date of
annexation. Whenever a city or town has prepared and filed a
comprehensive plan for the area to be annexed as provided
for in RCW 35.13.177 and 35.13.178, the resolution initiating the election may also provide for the simultaneous adoption of the comprehensive plan upon approval of annexation
by the electorate of the area to be annexed. The resolution initiating the election may also provide for the simultaneous
creation of a community municipal corporation and election
of community council members as provided for in RCW
35.14.010 through 35.14.060 upon approval of annexation by
the electorate of the area to be annexed. In cities under the
optional municipal code the resolution initiating the election
may also provide for the simultaneous inclusion of the
annexed area into a named existing community municipal
corporation. The proposition for the creation of a community
municipal corporation may be submitted as part of the annexation proposition or may be submitted as a separate proposition. The proposition for inclusion within a named existing
community municipal corporation shall be submitted as part
of the annexation proposition. [1975 1st ex.s. c 220 § 6; 1973
1st ex.s. c 164 § 2; 1970 ex.s. c 52 § 6; 1967 c 73 § 7; 1965
ex.s. c 88 § 3; 1965 c 7 § 35.13.015. Prior: 1961 c 282 § 1.]
[Title 35 RCW—page 28]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Community municipal corporations: Chapter 35.14 RCW.
35.13.020 Election method—Petition for election—
Signers—Rate of assessment in annexed area—Comprehensive plan—Community municipal corporation—Filing and approval—Costs. A petition for an election to vote
upon the annexation of a portion of a county to a contiguous
city or town signed by qualified voters resident in the area
equal in number to twenty percent of the votes cast at the last
election may be filed in the office of the board of county commissioners: PROVIDED, That any such petition shall first be
submitted to the prosecuting attorney who shall, within
twenty-one days after submission, certify or refuse to certify
the petition as set forth in *RCW 35.13.025. If the prosecuting attorney certifies the petition, it shall be filed with the legislative body of the city or town to which the annexation is
proposed, and such legislative body shall, by resolution
entered within sixty days from the date of presentation, notify
the petitioners, either by mail or by publication in the same
manner notice of hearing is required by RCW 35.13.040 to be
published, of its approval or rejection of the proposed action.
The petition may also provide for the simultaneous creation
of a community municipal corporation and election of community council members as provided for in RCW 35.14.010
through 35.14.060. In approving the proposed action, the legislative body may require that there also be submitted to the
electorate of the territory to be annexed, a proposition that all
property within the area to be annexed shall, upon annexation
be assessed and taxed at the same rate and on the same basis
as the property of such annexing city or town is assessed and
taxed to pay for all or any portion of the then outstanding
indebtedness of the city or town to which said area is
annexed, approved by the voters, contracted, or incurred prior
to, or existing at, the date of annexation. Only after the legislative body has completed preparation and filing of a comprehensive plan for the area to be annexed as provided for in
RCW 35.13.177 and 35.13.178, the legislative body in
approving the proposed action, may require that the comprehensive plan be simultaneously adopted upon approval of
annexation by the electorate of the area to be annexed. The
approval of the legislative body shall be a condition precedent to the filing of such petition with the board of county
commissioners as hereinafter provided. The costs of conducting such election shall be a charge against the city or town
concerned. The proposition or questions provided for in this
section may be submitted to the voters either separately or as
a single proposition. [1981 c 332 § 3; 1973 1st ex.s. c 164 §
3; 1967 c 73 § 8; 1965 ex.s. c 88 § 4; 1965 c 7 § 35.13.020.
Prior: 1961 c 282 § 7; prior: 1951 c 248 § 6; 1907 c 245 § 2,
part; RRS § 8897, part.]
35.13.020
*Reviser’s note: RCW 35.13.025 was repealed by 1989 c 351 § 10.
Additional notes found at www.leg.wa.gov
35.13.030 Election method—Petition for election—
Content. A petition filed with the county commissioners to
call an annexation election shall, subject to RCW 35.02.170,
particularly describe the boundaries of the area proposed to
be annexed, state the number of voters residing therein as
nearly as may be, state the provisions, if any there be, relating
35.13.030
(2010 Ed.)
Annexation of Unincorporated Areas
to assumption of debt by the owners of property of the area
proposed to be annexed, and/or the simultaneous adoption of
a comprehensive plan for the area proposed to be annexed,
and shall pray for the calling of an election to be held among
the qualified voters therein upon the question of annexation.
If the petition also provides for the creation of a community
municipal corporation and election of community council
members, the petition shall also describe the boundaries of
the proposed service area, state the number of voters residing
therein as nearly as may be, and pray for the election of community council members by the qualified voters residing in
the service area. [1975 1st ex.s. c 220 § 7; 1967 c 73 § 9;
1965 ex.s. c 88 § 5; 1965 c 7 § 35.13.030. Prior: 1961 c 282
§ 8; prior: 1907 c 245 § 2, part; RRS § 8897, part.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
35.13.040 Election method—Hearing—Notice. Upon
the filing of approval by the review board of a twenty percent
annexation petition under the election method to call an
annexation election, the board of county commissioners at its
next meeting shall fix a date for hearing thereon to be held not
less than two weeks nor more than four weeks thereafter, of
which hearing the petitioners must give notice by publication
once each week at least two weeks prior thereto in some
newspaper of general circulation in the area proposed to be
annexed. Upon the day fixed, the board shall hear the petition, and if it complies with the requirements of law and has
been approved by the review board, shall grant it. The hearing may be continued from time to time for an aggregate
period not exceeding two weeks. [1973 1st ex.s. c 164 § 4;
1965 c 7 § 35.13.040. Prior: 1961 c 282 § 9; prior: 1907 c
245 § 2, part; RRS § 8897, part.]
35.13.040
35.13.050 Election method—Petition or resolution
for election—Others covering same area barred from
consideration, withdrawal. After the filing with the board
of county commissioners of a petition or resolution pursuant
to RCW 35.13.015 to call an annexation election, pending the
hearing under the twenty percent annexation petition under
the election method and pending the election to be called
thereunder, the board of county commissioners shall not consider any other petition or resolution involving any portion of
the territory embraced therein: PROVIDED, That the petition or resolution may be withdrawn or a new petition or resolution embracing other or different boundaries substituted
therefor by a majority of the signers thereof, or in the case of
a resolution, by the legislative body of the city or town, and
the same proceeding shall be taken as in the case of an original petition or resolution. [1973 1st ex.s. c 164 § 5; 1965 c 7
§ 35.13.050. Prior: 1961 c 282 § 10; prior: 1907 c 245 § 2,
part; RRS § 8897, part.]
35.13.050
35.13.060 Election method—Fixing date of election.
Upon granting the petition under the twenty percent annexation petition under the election method, and after the auditor
has certified the petition as being sufficient, the legislative
body of the city or town shall indicate to the county auditor its
preference for the date of the election on the annexation to be
held, which shall be one of the dates for special elections pro35.13.060
(2010 Ed.)
35.13.080
vided under *RCW 29.13.020 that is sixty or more days after
the date the preference is indicated. The county auditor shall
call the special election at the special election date indicated
by the city or town. [1989 c 351 § 2; 1973 1st ex.s. c 164 § 6;
1965 c 7 § 35.13.060. Prior: 1961 c 282 § 12; prior: 1907 c
245 § 3, part; RRS § 8898, part.]
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Election method, date for annexation election if review board’s determination favorable: RCW 35.13.174.
35.13.070
35.13.070 Election method—Conduct of election. An
annexation election shall be held in accordance with the general election laws of the state, and only registered voters who
have resided in the area proposed to be annexed for ninety
days immediately preceding the election shall be allowed to
vote therein. [1965 c 7 § 35.13.070. Prior: 1961 c 282 § 15;
prior: 1907 c 245 § 4, part; RRS § 8899, part.]
Conduct of elections: RCW 29A.60.010.
35.13.080
35.13.080 Election method—Notice of election.
Notice of an annexation election shall particularly describe
the boundaries of the area proposed to be annexed, describe
the boundaries of the proposed service area if the simultaneous creation of a community municipal corporation is provided for, state the objects of the election as prayed in the
petition or as stated in the resolution and require the voters to
cast ballots which shall contain the words "For annexation"
and "Against annexation" or words equivalent thereto, or
contain the words "For annexation and adoption of comprehensive plan" and "Against annexation and adoption of comprehensive plan" or words equivalent thereto in case the
simultaneous adoption of a comprehensive plan is proposed,
and, if appropriate, the words "For creation of community
municipal corporation" and "Against creation of community
municipal corporation" or words equivalent thereto, or contain the words "For annexation and creation of community
municipal corporation" and "Against annexation and creation
of community municipal corporation" or words equivalent
thereto in case the simultaneous creation of a community
municipal corporation is proposed, and which in case the
assumption of indebtedness is proposed, shall contain as a
separate proposition, the words "For assumption of indebtedness" and "Against assumption of indebtedness" or words
equivalent thereto and if only a portion of the indebtedness of
the annexing city or town is to be assumed, an appropriate
separate proposition for and against the assumption of such
portion of the indebtedness shall be submitted to the voters. If
the creation of a community municipal corporation and election of community council members is provided for, the
notice shall also require the voters within the service area to
cast ballots for candidates for positions on such council. The
notice shall be posted for at least two weeks prior to the date
of election in four public places within the area proposed to
be annexed and published in accordance with the notice
required by *RCW 29.27.080 prior to the date of election in a
newspaper of general circulation in the area proposed to be
annexed. [1973 1st ex.s. c 164 § 7; 1967 c 73 § 10; 1965 ex.s.
c 88 § 6; 1965 c 7 § 35.13.080. Prior: 1961 c 282 § 13; prior:
1907 c 245 § 3, part; RRS § 8898, part.]
[Title 35 RCW—page 29]
35.13.090
Title 35 RCW: Cities and Towns
*Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.52.350, see RCW 29A.52.351.
35.13.090 Election method—Vote required—Proposition for assumption of indebtedness—Certification. (1)
The proposition for or against annexation or for or against
annexation and adoption of the comprehensive plan, or for or
against creation of a community municipal corporation, or
any combination thereof, as the case may be, shall be deemed
approved if a majority of the votes cast on that proposition
are cast in favor of annexation or in favor of annexation and
adoption of the comprehensive plan, or for creation of the
community municipal corporation, or any combination
thereof, as the case may be.
(2) If a proposition for or against assumption of all or any
portion of indebtedness was submitted to the registered voters, it shall be deemed approved if a majority of at least threefifths of the registered voters of the territory proposed to be
annexed voting on such proposition vote in favor thereof, and
the number of registered voters voting on such proposition
constitutes not less than forty percent of the total number of
votes cast in such territory at the last preceding general election.
(3) If either or both propositions were approved by the
registered voters, the county auditor shall on completion of
the canvassing of the returns transmit to the county legislative authority and to the clerk of the city or town to which
annexation is proposed a certificate of the election results,
together with a certified abstract of the vote showing the
whole number who voted at the election, the number of votes
cast for annexation and the number cast against annexation or
for annexation and adoption of the comprehensive plan and
the number cast against annexation and adoption of the comprehensive plan or for creation of a community municipal
corporation and the number cast against creation of a community municipal corporation, or any combination thereof, as
the case may be.
(4) If a proposition for assumption of all or of any portion of indebtedness was submitted to the registered voters,
the abstract shall include the number of votes cast for
assumption of indebtedness and the number of votes cast
against assumption of indebtedness, together with a statement of the total number of votes cast in such territory at the
last preceding general election.
(5) If the proposition for creation of a community municipal corporation was submitted and approved, the abstract
shall include the number of votes cast for the candidates for
community council positions and certificates of election shall
be issued pursuant to *RCW 29.27.100 to the successful candidates who shall assume office as soon as qualified. [1996 c
286 § 1; 1973 1st ex.s. c 164 § 8; 1967 c 73 § 11; 1965 ex.s.
c 88 § 7; 1965 c 7 § 35.13.090. Prior: 1961 c 282 § 16; prior:
1907 c 245 § 4, part; RRS § 8899, part.]
35.13.090
*Reviser’s note: RCW 29.27.100 was recodified as RCW 29A.52.360
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.13.095 Election method—Vote required for
annexation with assumption of indebtedness—Without
assumption of indebtedness. A city or town may cause a
35.13.095
[Title 35 RCW—page 30]
proposition authorizing an area to be annexed to the city or
town to be submitted to the qualified voters of the area proposed to be annexed in the same ballot proposition as the
question to authorize an assumption of indebtedness. If the
measures are combined, the annexation and the assumption
of indebtedness shall be authorized only if the proposition is
approved by at least three-fifths of the voters of the area proposed to be annexed voting on the proposition, and the number of persons voting on the proposition constitutes not less
than forty percent of the total number of votes cast in the area
at the last preceding general election.
However, the city or town council may adopt a resolution accepting the annexation, without the assumption of
indebtedness, where the combined ballot proposition is
approved by a simple majority vote of the voters voting on
the proposition. [1989 c 84 § 22.]
35.13.100
35.13.100 Election method—Ordinances required
upon voter approval—Assumption of indebtedness. If a
proposition relating to annexation or annexation and adoption
of the comprehensive plan or creation of a community
municipal corporation, or both, as the case may be was submitted to the voters and such proposition was approved, the
legislative body shall adopt an ordinance providing for the
annexation or adopt ordinances providing for the annexation
and adoption of the comprehensive plan, or adopt an ordinance providing for the annexation and creation of a community municipal corporation, as the case may be. If a proposition for annexation or annexation and adoption of the comprehensive plan or creation of a community municipal
corporation, as the case may be, and a proposition for
assumption of all or of any portion of indebtedness were both
submitted, and were approved, the legislative body shall
adopt an ordinance providing for the annexation or annexation and adoption of the comprehensive plan or annexation
and creation of a community municipal corporation including
the assumption of all or of any portion of indebtedness. If the
propositions were submitted and only the annexation or
annexation and adoption of the comprehensive plan or annexation and creation of a community municipal corporation
proposition was approved, the legislative body may, if it
deems it wise or expedient, adopt an ordinance providing for
the annexation or adopt ordinances providing for the annexation and adoption of the comprehensive plan, or adopt ordinances providing for the annexation and creation of a community municipal corporation, as the case may be. [1996 c
286 § 2; 1973 1st ex.s. c 164 § 9; 1967 c 73 § 12; 1965 ex.s.
c 88 § 8; 1965 c 7 § 35.13.100. Prior: 1961 c 282 § 17; 1957
c 239 § 2; prior: 1907 c 245 § 5, part; RRS § 8900, part.]
35.13.110
35.13.110 Election method—Effective date of annexation or annexation and comprehensive plan or annexation and creation of community municipal corporation,
taxation of area annexed. Upon the date fixed in the ordinance of annexation, the area annexed shall become a part of
the city or town. Upon the date fixed in the ordinances of
annexation and adoption of the comprehensive plan, the area
annexed shall become a part of the city or town and property
in the annexed area shall be subject to and a part of the comprehensive plan, as prepared and filed as provided for in
(2010 Ed.)
Annexation of Unincorporated Areas
RCW 35.13.177 and 35.13.178. Upon the date fixed in the
ordinances of annexation and creation of a community
municipal corporation, the area annexed shall become a part
of the city or town, the community municipal corporation
shall be deemed organized, and property in the service area
shall be deemed subject to the powers granted to such corporation as provided for in *this 1967 amendatory act. All property within the territory hereafter annexed shall, if the proposition approved by the people so provides after June 12, 1957,
be assessed and taxed at the same rate and on the same basis
as the property of such annexing city is assessed and taxed to
pay for all or any portion of the then outstanding indebtedness of the city or town to which said area is annexed,
approved by the voters, contracted, or incurred prior to, or
existing at, the date of annexation. [1973 1st ex.s. c 164 § 10;
1967 c 73 § 13; 1965 ex.s. c 88 § 9; 1965 c 7 § 35.13.110.
Prior: 1957 c 239 § 3; prior: 1907 c 245 § 5, part; RRS §
8900, part.]
*Reviser’s note: The language "this 1967 amendatory act" first
appeared in the amendment to this section by section 13, chapter 73, Laws of
1967. For the codification of chapter 73, Laws of 1967, see note following
RCW 35.14.010.
35.13.120
35.13.120 Election method is alternative. The method
of annexation provided for in RCW 35.13.020 to 35.13.110
shall be an alternative method, not superseding any other.
[1965 c 7 § 35.13.120. Prior: 1937 c 110 § 2; 1907 c 245 § 6;
RRS § 8901.]
35.13.125
35.13.125 Direct petition method—Commencement
of proceedings—Notice to legislative body—Meeting—
Assumption of indebtedness—Comprehensive plan. Proceedings for the annexation of territory pursuant to RCW
35.13.130, 35.13.140, 35.13.150, 35.13.160 and 35.13.170
shall be commenced as provided in this section. Prior to the
circulation of a petition for annexation, the initiating party or
parties who, except as provided in RCW 28A.335.110, shall
be either not less than ten percent of the residents of the area
to be annexed or the owners of not less than ten percent in
value, according to the assessed valuation for general taxation of the property for which annexation is petitioned, shall
notify the legislative body of the city or town in writing of
their intention to commence annexation proceedings. The
legislative body shall set a date, not later than sixty days after
the filing of the request, for a meeting with the initiating parties to determine whether the city or town will accept, reject,
or geographically modify the proposed annexation, whether
it shall require the simultaneous adoption of the comprehensive plan if such plan has been prepared and filed for the area
to be annexed as provided for in RCW 35.13.177 and
35.13.178, and whether it shall require the assumption of all
or of any portion of existing city or town indebtedness by the
area to be annexed. If the legislative body requires the
assumption of all or of any portion of indebtedness and/or the
adoption of a comprehensive plan, it shall record this action
in its minutes and the petition for annexation shall be so
drawn as to clearly indicate this fact. There shall be no appeal
from the decision of the legislative body. [1990 c 33 § 565;
1989 c 351 § 3; 1973 1st ex.s. c 164 § 11; 1971 c 69 § 1; 1965
ex.s. c 88 § 10; 1965 c 7 § 35.13.125. Prior: 1961 c 282 § 18.]
(2010 Ed.)
35.13.140
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Additional notes found at www.leg.wa.gov
35.13.130
35.13.130 Direct petition method—Petition—Signers—Content. A petition for annexation of an area contiguous to a city or town may be made in writing addressed to and
filed with the legislative body of the municipality to which
annexation is desired. Except where all the property sought
to be annexed is property of a school district, and the school
directors thereof file the petition for annexation as in RCW
28A.335.110 authorized, the petition must be signed by the
owners of not less than sixty percent in value according to the
assessed valuation for general taxation of the property for
which annexation is petitioned: PROVIDED, That in cities
and towns with populations greater than one hundred sixty
thousand located east of the Cascade mountains, the owner of
tax exempt property may sign an annexation petition and
have the tax exempt property annexed into the city or town,
but the value of the tax exempt property shall not be used in
calculating the sufficiency of the required property owner
signatures unless only tax exempt property is proposed to be
annexed into the city or town. The petition shall set forth a
description of the property according to government legal
subdivisions or legal plats which is in compliance with RCW
35.02.170, and shall be accompanied by a plat which outlines
the boundaries of the property sought to be annexed. If the
legislative body has required the assumption of all or of any
portion of city or town indebtedness by the area annexed,
and/or the adoption of a comprehensive plan for the area to be
annexed, these facts, together with a quotation of the minute
entry of such requirement or requirements shall be set forth in
the petition. [2009 c 60 § 3; 1990 c 33 § 566; 1981 c 66 § 1;
1975 1st ex.s. c 220 § 8; 1973 1st ex.s. c 164 § 12; 1971 c 69
§ 2; 1965 ex.s. c 88 § 11; 1965 c 7 § 35.13.130. Prior: 1961
c 282 § 19; 1945 c 128 § 3; Rem. Supp. 1945 § 8908-12.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Additional notes found at www.leg.wa.gov
35.13.140
35.13.140 Direct petition method—Notice of hearing.
Whenever a petition for annexation is filed with the city or
town council, or commission in those cities having a commission form of government, which meets the requirements
herein specified, of which fact satisfactory proof may be
required by the council or commission, the council or commission may entertain the same, fix a date for a public hearing thereon and cause notice of the hearing to be published in
one issue of a newspaper of general circulation in the city or
town. The notice shall also be posted in three public places
within the territory proposed for annexation, and shall specify
the time and place of hearing and invite interested persons to
appear and voice approval or disapproval of the annexation.
The expense of publication and posting of the notice shall be
borne by the signers of the petition. [1965 c 7 § 35.13.140.
Prior: 1945 c 128 § 2; Rem. Supp. 1945 § 8908-11.] [SLCRO-8.]
[Title 35 RCW—page 31]
35.13.150
Title 35 RCW: Cities and Towns
35.13.150 Direct petition method—Ordinance providing for annexation. Following the hearing, the council or
commission shall determine by ordinance whether annexation shall be made. Subject to RCW 35.02.170, they may
annex all or any portion of the proposed area but may not
include in the annexation any property not described in the
petition. Upon passage of the ordinance a certified copy shall
be filed with the board of county commissioners of the
county in which the annexed property is located. [1975 1st
ex.s. c 220 § 9; 1965 c 7 § 35.13.150. Prior: 1957 c 239 § 5;
prior: 1945 c 128 § 4, part; Rem. Supp. 1945 § 8908-13,
part.]
35.13.150
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
35.13.160 Direct petition method—Effective date of
annexation or annexation and comprehensive plan—
Assessment, taxation of territory annexed. Upon the date
fixed in the ordinance of annexation the area annexed shall
become part of the city or town. All property within the territory hereafter annexed shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same
basis as the property of such annexing city or town is
assessed and taxed to pay for all or of any portion of the then
outstanding indebtedness of the city or town to which said
area is annexed, approved by the voters, contracted, or
incurred prior to, or existing at, the date of annexation. If the
annexation petition so provided, all property in the annexed
area shall be subject to and a part of the comprehensive plan
as prepared and filed as provided for in RCW 35.13.177 and
35.13.178. [1973 1st ex.s. c 164 § 13; 1965 ex.s. c 88 § 12;
1965 c 7 § 35.13.160. Prior: 1961 c 282 § 20; 1957 c 239 §
6; prior: (i) 1945 c 128 § 4, part; Rem. Supp. 1945 § 890813, part. (ii) 1945 c 128 § 5; Rem. Supp. 1945 § 8908-14.]
35.13.160
35.13.165 Termination of annexation proceedings in
cities over four hundred thousand—Declarations of termination filed by property owners. At any time before the
date is set for an annexation election under RCW 35.13.060
or 35.13.174, all further proceedings to annex shall be terminated upon the filing of verified declarations of termination
signed by:
(1) Owners of real property consisting of at least sixty
percent of the assessed valuation in the area proposed to be
annexed; or
(2) Sixty percent of the owners of real property in the
area proposed to be annexed.
As used in this subsection, the term "owner" shall
include individuals and corporate owners. In determining
who is a real property owner for purposes of this section, all
owners of a single parcel shall be considered as one owner.
No owner may be entitled to sign more than one declaration
of termination.
Following the termination of such proceedings, no other
petition for annexation affecting any portion of the same
property may be considered by any government body for a
period of five years from the date of filing.
The provisions of this section shall apply only to cities
with a population greater than four hundred thousand. [1989
c 351 § 7; 1981 c 332 § 2.]
35.13.165
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 32]
35.13.170 Direct petition method is alternative. The
method of annexation provided for in RCW 35.13.130 to
35.13.160 shall be an alternative method, not superseding any
other. [1965 c 7 § 35.13.170. Prior: 1945 c 128 § 6; Rem.
Supp. 1945 § 8908-15.]
35.13.170
35.13.171 Review board—Convening—Composition. Within thirty days after the filing of a city’s or town’s
annexation resolution pursuant to RCW 35.13.015 with the
board of county commissioners or within thirty days after filing with the county commissioners a petition calling for an
election on annexation, as provided in RCW 35.13.020, or
within thirty days after approval by the legislative body of a
city or town of a petition of property owners calling for
annexation, as provided in RCW 35.13.130, the mayor of the
city or town concerned that is not subject to the jurisdiction of
a boundary review board under chapter 36.93 RCW, shall
convene a review board composed of the following persons:
(1) The mayor of the city or town initiating the annexation by resolution, or the mayor in the event of a twenty percent annexation petition pursuant to RCW 35.13.020, or an
alternate designated by the mayor;
(2) The chair of the board of county commissioners of
the county wherein the property to be annexed is situated, or
an alternate designated by him or her;
(3) The *director of community, trade, and economic
development, or an alternate designated by the director;
Two additional members to be designated, one by the
mayor of the annexing city, which member shall be a resident
property owner of the city, and one by the chair of the county
legislative authority, which member shall be a resident of and
a property owner or a resident or a property owner if there be
no resident property owner in the area proposed to be
annexed, shall be added to the original membership and the
full board thereafter convened upon call of the mayor: PROVIDED FURTHER, That three members of the board shall
constitute a quorum. [2009 c 549 § 2010; 1995 c 399 § 35;
1985 c 6 § 2; 1973 1st ex.s. c 164 § 14; 1965 c 7 § 35.13.171.
Prior: 1961 c 282 § 2.]
35.13.171
*Reviser’s note: The "director of community, trade, and economic
development" was changed to the "director of commerce" by 2009 c 565.
35.13.172 When review procedure may be dispensed
with. Whenever a petition is filed as provided in RCW
35.13.020 or a resolution is adopted by the city or town council, as provided in RCW 35.13.015, and the area proposed for
annexation is less than ten acres and less than eight hundred
thousand dollars in assessed valuation, such review procedures shall be dispensed with. [1981 c 260 § 6. Prior: 1973
1st ex.s. c 195 § 14; 1973 1st ex.s. c 164 § 15; 1965 c 7 §
35.13.172; prior: 1961 c 282 § 3.]
35.13.172
Additional notes found at www.leg.wa.gov
35.13.173 Determination by review board—Factors
considered—Filing of findings. The review board shall by
majority action, within three months, determine whether the
property proposed to be annexed is of such character that
such annexation would be in the public interest and for the
public welfare, and in the best interest of the city, county, and
other political subdivisions affected. The governing officials
of the city, county, and other political subdivisions of the
35.13.173
(2010 Ed.)
Annexation of Unincorporated Areas
state shall assist the review board insofar as their offices can,
and all relevant information and records shall be furnished by
such offices to the review board. In making their determination the review board shall be guided, but not limited, by their
findings with respect to the following factors:
(1) The immediate and prospective populations of the
area to be annexed;
(2) The assessed valuation of the area to be annexed, and
its relationship to population;
(3) The history of and prospects for construction of
improvements in the area to be annexed;
(4) The needs and possibilities for geographical expansion of the city;
(5) The present and anticipated need for governmental
services in the area proposed to be annexed, including but not
limited to water supply, sewage and garbage disposal, zoning, streets and alleys, curbs, sidewalks, police and fire protection, playgrounds, parks, and other municipal services,
and transportation and drainage;
(6) The relative capabilities of the city, county, and other
political subdivisions to provide governmental services when
the need arises;
(7) The existence of special districts except school districts within the area proposed to be annexed, and the impact
of annexation upon such districts;
(8) The elimination of isolated unincorporated areas
existing without adequate economical governmental services;
(9) The immediate and potential revenues that would be
derived by the city as a result of annexation, and their relation
to the cost of providing service to the area.
Whether the review board determines for or against
annexation, its reasons therefor, along with its findings on the
specified factors and other material considerations shall:
(1) In the case of a petition signed by registered voters
calling for an election on annexation, be filed with the board
of county commissioners;
(2) In the case of a resolution of a city or town initiating
annexation proceedings pursuant to RCW 35.13.015, be filed
with the board of county commissioners.
Such findings need not include specific data on every
point listed, but shall indicate that all factors were considered.
A favorable determination by the review board is an
essential condition precedent to the annexation of territory to
a city or town under either the resolution method pursuant to
RCW 35.13.015, or under the twenty percent annexation petition under the election method. [1973 1st ex.s. c 164 § 16;
1965 c 7 § 35.13.173. Prior: 1961 c 282 § 4.]
35.13.174 Date for annexation election if review
board’s determination favorable. Upon receipt by the
board of county commissioners of a determination by a
majority of the review board favoring annexation of the proposed area that has been initiated by resolution pursuant to
RCW 35.13.015 by the city or town legislative body, the
board of county commissioners, or the city or town legislative body for any city or town within an urban growth area
designated under RCW 36.70A.110, shall fix a date on which
an annexation election shall be held, which date will be not
less than thirty days nor more than sixty days thereafter.
35.13.174
(2010 Ed.)
35.13.177
[1997 c 429 § 38; 1973 1st ex.s. c 164 § 17; 1965 c 7 §
35.13.174. Prior: 1961 c 282 § 5.]
Petition method—Fixing date of annexation election: RCW 35.13.060.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
Additional notes found at www.leg.wa.gov
35.13.176 Territory subject to annexation proposal—When annexation by another city or incorporation allowed. After a petition proposing an annexation by a
city or town is filed with the city or town or the governing
body of the city or town, or after a resolution proposing an
annexation by a city or town has been adopted by the city or
town governing body, no territory included in the proposed
annexation may be annexed by another city or town or incorporated into a city or town unless: (1) The boundary review
board modifies the boundaries of the proposed annexation
and removes the territory; (2) the boundary review board or
review board created under RCW 35.13.171 rejects the proposed annexation; or (3) the city or town governing body
rejects the proposed annexation or voters defeat the ballot
proposition authorizing the annexation. [1994 c 216 § 7.]
35.13.176
Additional notes found at www.leg.wa.gov
35.13.177 Comprehensive land use plan for area to
be annexed—Contents—Purpose. The legislative body of
any city or town acting through a planning commission created pursuant to chapter 35.63 RCW, or pursuant to its
granted powers, may prepare a comprehensive land use plan
to become effective upon the annexation of any area which
might reasonably be expected to be annexed by the city or
town at any future time. Such comprehensive plan, to the
extent deemed reasonably necessary by the legislative body
to be in the interest of health, safety, morals and the general
welfare may provide, among other things, for:
(1) The regulation and restriction within the area to be
annexed of the location and the use of buildings, structures
and land for residence, trade, industrial and other purposes;
the height, number of stories, size, construction and design of
buildings and other structures; the size of yards, courts and
other open spaces on the lot or tract; the density of population; the set-back of buildings along highways, parks or public water frontages; and the subdivision and development of
land;
(2) The division of the area to be annexed into districts or
zones of any size or shape, and within such districts or zones
regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land;
(3) The appointment of a board of adjustment, to make,
in appropriate cases and subject to appropriate conditions and
safeguards established by ordinance, special exceptions in
harmony with the general purposes and intent of the comprehensive plan; and
(4) The time interval following an annexation during
which the ordinance or resolution adopting any such plan or
regulations, or any part thereof must remain in effect before it
may be amended, supplemented or modified by subsequent
ordinance or resolution adopted by the annexing city or town.
All such regulations and restrictions shall be designed,
among other things, to encourage the most appropriate use of
land throughout the area to be annexed; to lessen traffic con35.13.177
[Title 35 RCW—page 33]
35.13.178
Title 35 RCW: Cities and Towns
gestion and accidents; to secure safety from fire; to provide
adequate light and air; to prevent overcrowding of land; to
avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the
formation of neighborhood or community units; to secure an
appropriate allotment of land area in new developments for
all the requirements of community life; to conserve and
restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage
and other public uses and requirements. [1965 ex.s. c 88 § 1.]
newspapers of general circulation within the city or town and
one or more newspapers of general circulation within the area
to be annexed.
(3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same
river, lake, or other body of water. [1998 c 286 § 1; 1997 c
429 § 37.]
Additional notes found at www.leg.wa.gov
35.13.1821 Annexation of unincorporated island of
territory—Referendum—Election. The annexation ordinance provided for in RCW 35.13.182 is subject to referendum for forty-five days after its passage. Upon the filing of a
timely and sufficient referendum petition with the legislative
body, signed by qualified electors in number equal to not less
than ten percent of the votes cast in the last general state election in the area to be annexed, the question of annexation
shall be submitted to the voters of the area in a general election if one is to be held within ninety days or at a special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW
35.13.080 and the election shall be conducted as provided in
the general election law. The annexation shall be deemed
approved by the voters unless a majority of the votes cast on
the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the city or town upon
the date fixed in the ordinance of annexation. [2006 c 344 §
22; 1998 c 286 § 2.]
35.13.1821
35.13.178 Comprehensive land use plan for area to
be annexed—Hearings on proposed plan—Notice—Filing. The legislative body of the city or town shall hold two or
more public hearings, to be held at least thirty days apart,
upon the proposed comprehensive plan, giving notice of the
time and place thereof by publication in a newspaper of general circulation in the annexing city or town and the area to be
annexed. A copy of the ordinance or resolution adopting or
embodying such proposed plan or any part thereof or any
amendment thereto, duly certified as a true copy by the clerk
of the annexing city or town, shall be filed with the county
auditor. A like certified copy of any map or plat referred to or
adopted by the ordinance or resolution shall likewise be filed
with the county auditor. The auditor shall record the ordinance or resolution and keep on file the map or plat. [1965
ex.s. c 88 § 2.]
35.13.178
35.13.180 Annexation for municipal purposes. City
and town councils of second-class cities and towns may by a
majority vote annex new unincorporated territory outside the
city or town limits, whether contiguous or noncontiguous for
park, cemetery, or other municipal purposes when such territory is owned by the city or town or all of the owners of the
real property in the territory give their written consent to the
annexation. [1994 c 81 § 11; 1983 1st ex.s. c 68 § 1; 1981 c
332 § 4; 1965 c 7 § 35.13.180. Prior: 1907 c 228 § 4; RRS §
9202.]
35.13.180
Additional notes found at www.leg.wa.gov
35.13.182 Annexation of unincorporated island of
territory—Resolution—Notice of hearing. (1) The legislative body of a city or town planning under chapter 36.70A
RCW as of June 30, 1994, may resolve to annex territory to
the city or town if there is, within the city or town, unincorporated territory containing residential property owners within
the same county and within the same urban growth area designated under RCW 36.70A.110 as the city or town:
(a) Containing less than one hundred acres and having at
least eighty percent of the boundaries of such area contiguous
to the city or town; or
(b) Of any size and having at least eighty percent of the
boundaries of the area contiguous to the city if the area
existed before June 30, 1994.
(2) The resolution shall describe the boundaries of the
area to be annexed, state the number of voters residing in the
area as nearly as may be, and set a date for a public hearing
on the resolution for annexation. Notice of the hearing shall
be given by publication of the resolution at least once a week
for two weeks before the date of the hearing in one or more
35.13.182
[Title 35 RCW—page 34]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35.13.1822 Annexation of unincorporated island of
territory—Notice, hearing. On the date set for hearing as
provided in RCW 35.13.182(2), residents or property owners
of the area included in the resolution for annexation shall be
afforded an opportunity to be heard. The legislative body
may provide by ordinance for annexation of the territory
described in the resolution, but the effective date of the ordinance shall be not less than forty-five days after the passage
thereof. The legislative body shall cause notice of the proposed effective date of the annexation, together with a
description of the property to be annexed, to be published at
least once each week for two weeks subsequent to passage of
the ordinance, in one or more newspapers of general circulation within the city and in one or more newspapers of general
circulation within the area to be annexed. If the annexation
ordinance provides for assumption of indebtedness or adoption of a proposed zoning regulation, the notice shall include
a statement of such requirements. [1998 c 286 § 3.]
35.13.1822
35.13.185 Annexation of federal areas by first-class
city. Any unincorporated area contiguous to a first-class city
may be annexed thereto by an ordinance accepting a gift,
grant, lease or cession of jurisdiction from the government of
the United States of the right to occupy or control it. [1965 c
7 § 35.13.185. Prior: 1957 c 239 § 7.]
35.13.185
(2010 Ed.)
Annexation of Unincorporated Areas
35.13.190 Annexation of federal areas by second-class cities and towns. Any unincorporated area contiguous to a second-class city or town may be annexed thereto
by an ordinance accepting a gift, grant, or lease from the government of the United States of the right to occupy, control,
improve it or sublet it for commercial, manufacturing, or
industrial purposes: PROVIDED, That this shall not apply to
any territory more than four miles from the corporate limits
existing before such annexation. [1994 c 81 § 12; 1965 c 7 §
35.13.190. Prior: 1915 c 13 § 1, part; RRS § 8906, part.]
35.13.190
Additional notes found at www.leg.wa.gov
35.13.200 Annexation of federal areas by second-class cities and towns—Annexation ordinance—Provisions. In the ordinance annexing territory pursuant to a
gift, grant, or lease from the government of the United States,
a second-class city or town may include such tide and shore
lands as may be necessary or convenient for the use thereof,
may include in the ordinance an acceptance of the terms and
conditions attached to the gift, grant, or lease and may provide in the ordinance for the annexed territory to become a
separate ward of the city or town or part or parts of adjacent
wards. [1994 c 81 § 13; 1965 c 7 § 35.13.200. Prior: (i) 1915
c 13 § 1, part; RRS § 8906, part. (ii) 1915 c 13 § 2, part; RRS
§ 8907, part.]
35.13.200
35.13.210 Annexation of federal areas by second-class cities and towns—Authority over annexed territory. A second-class city or town may cause territory
annexed pursuant to a gift, grant, or lease of the government
of the United States to be surveyed, subdivided and platted
into lots, blocks, or tracts and lay out, reserve for public use,
and improve streets, roads, alleys, slips, and other public
places. It may grant or sublet any lot, block, or tract therein
for commercial, manufacturing, or industrial purposes and
reserve, receive and collect rents therefrom. It may expend
the rents received therefrom in making and maintaining public improvements therein, and if any surplus remains at the
end of any fiscal year, may transfer it to the city’s or town’s
current expense fund. [1994 c 81 § 14; 1965 c 7 § 35.13.210.
Prior: 1915 c 13 § 2, part; RRS § 8907, part.]
35.13.210
35.13.215 Annexation of fire districts—Transfer of
employees. (1) If any portion of a fire protection district is
proposed for annexation to or incorporation into a city, code
city, or town, both the fire protection district and the city,
code city, or town shall jointly inform the employees of the
fire protection district about hires, separations, terminations,
and any other changes in employment that are a direct consequence of annexation or incorporations at the earliest reasonable opportunity.
(2) If any portion of a fire protection district is annexed
to or incorporated into a city, code city or town, any
employee of the fire protection district who (a) was at the
time of such annexation or incorporation employed exclusively or principally in performing the powers, duties, and
functions which are to be performed by the city, code city or
town fire department (b) will, as a direct consequence of
annexation or incorporation, be separated from the employ of
the fire protection district, and (c) can perform the duties and
35.13.215
(2010 Ed.)
35.13.225
meet the minimum requirements of the position to be filled,
then such employee may transfer employment to the civil service system of the city, code city or town fire department as
provided for in this section and RCW 35.13.225 and
35.13.235.
(3) For purposes of this section and RCW 35.13.225 and
35.13.235, employee means an individual whose employment with a fire protection district has been terminated
because the fire protection district was annexed by a city,
code city or town for purposes of fire protection. [2009 c 60
§ 4; 1986 c 254 § 7.]
35.13.225 Annexation of fire districts—Transfer of
employees—Rights and benefits. (1) An eligible employee
may transfer into the civil service system of the city, code
city, or town fire department by filing a written request with
the city, code city, or town civil service commission and by
giving written notice of the request to the board of commissioners of the fire protection district. Upon receipt of the
request by the civil service commission, the transfer of
employment must be made. The needed employees shall be
taken in order of seniority and the remaining employees who
transfer as provided in this section and RCW 35.13.215 and
35.13.235 shall head the list for employment in the civil service system in order of their seniority, to the end that they
shall be the first to be reemployed in the city, code city, or
town fire department when appropriate positions become
available: PROVIDED, That employees who are not immediately hired by the city, code city, or town shall be placed on
a reemployment list for a period not to exceed thirty-six
months unless a longer period is authorized by an agreement
reached between the collective bargaining representatives of
the employees of the annexing and annexed fire agencies and
the annexing and annexed fire agencies.
(2)(a) Upon transfer, an employee is entitled to the
employee rights, benefits, and privileges to which he or she
would have been entitled as an employee of the fire protection district, including rights to:
(i) Compensation at least equal to the level of compensation at the time of transfer, unless the employee’s rank and
duties have been reduced as a result of the transfer. If the
transferring employee is placed in a position with reduced
rank and duties, the employee’s compensation may be
adjusted, but the adjustment may not result in a decrease of
greater than fifty percent of the difference between the
employee’s compensation before the transfer and the compensation level for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other
accrued benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no requirement for an additional probationary period if
one had been completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer
an agreement for different terms of transfer is reached
between the collective bargaining representatives of the
transferring employees and the participating fire protection
jurisdictions.
(3) If upon transfer, the transferring employee receives
the rights, benefits, and privileges established under subsec35.13.225
[Title 35 RCW—page 35]
35.13.235
Title 35 RCW: Cities and Towns
tion (2)(a)(i) through (iv) of this section, those rights, benefits, and privileges are subject to collective bargaining at the
end of the current bargaining period for the jurisdiction to
which the employee has transferred.
(4) Such bargaining must take into account the years of
service the transferring employee accumulated before the
transfer and must be treated as if those years of service
occurred in the jurisdiction to which the employee has transferred. [2009 c 60 § 5; 1994 c 73 § 3; 1986 c 254 § 8.]
Additional notes found at www.leg.wa.gov
35.13.235
35.13.235 Annexation of fire districts—Transfer of
employees—Notice—Time limitation. If any portion of a
fire protection district is annexed to or incorporated into a
city, code city or town, and as a result any employee is laid
off who is eligible to transfer to the city, code city or town fire
department under this section and RCW 35.13.215 and
35.13.225 the fire protection district shall notify the
employee of the right to transfer and the employee shall have
ninety days to transfer employment to the city, code city or
town fire department. [1986 c 254 § 9.]
35.13.238
35.13.238 Annexation of territory served by fire districts, interlocal agreement process—Annexation of fire
districts, transfer of employees. (1)(a) An annexation by a
city or town that is proposing to annex territory served by one
or more fire protection districts may be accomplished by
ordinance after entering into an interlocal agreement as provided in chapter 39.34 RCW with the county and the fire protection district or districts that have jurisdiction over the territory proposed for annexation.
(b) A city or town proposing to annex territory shall initiate the interlocal agreement process by sending notice to the
fire protection district representative and county representative stating the city’s or town’s interest to enter into an interlocal agreement negotiation process. The parties have fortyfive days to respond in the affirmative or negative. A negative response must state the reasons the parties do not wish to
participate in an interlocal agreement negotiation. A failure
to respond within the forty-five day period is deemed an affirmative response and the interlocal agreement negotiation
process may proceed. The interlocal agreement process may
not proceed if any negative responses are received within the
forty-five day period.
(c) The interlocal agreement must describe the boundaries of the territory proposed for annexation and must be
consistent with the boundaries identified in an ordinance
describing the boundaries of the territory proposed for annexation and setting a date for a public hearing on the ordinance.
If the boundaries of the territory proposed for annexation are
agreed to by all parties, a notice of intention must be filed
with the boundary review board created under RCW
36.93.030. However, the jurisdiction of the board may not be
invoked as described in RCW 36.93.100 for annexations that
are the subject of such agreement.
(2) An interlocal annexation agreement under this section must include the following:
(a) A statement of the goals of the agreement. Goals
must include, but are not limited to:
[Title 35 RCW—page 36]
(i) The transfer of revenues and assets between the fire
protection districts and the city or town;
(ii) A consideration and discussion of the impact to the
level of service of annexation on the unincorporated area, and
an agreement that the impact on the ability of fire protection
and emergency medical services within the incorporated area
must not be negatively impacted at least through the budget
cycle in which the annexation occurs;
(iii) A discussion with fire protection districts regarding
the division of assets and its impact to citizens inside and outside the newly annexed area;
(iv) Community involvement, including an agreed upon
schedule of public meetings in the area or areas proposed for
annexation;
(v) Revenue sharing, if any;
(vi) Debt distribution;
(vii) Capital facilities obligations of the city, county, and
fire protection districts;
(viii) An overall schedule or plan on the timing of any
annexations covered under this agreement; and
(ix) A description of which of the annexing cities’ development regulations will apply and be enforced in the area.
(b) The subject areas and policies and procedures the
parties agree to undertake in annexations. Subject areas may
include, but are not limited to:
(i) Roads and traffic impact mitigation;
(ii) Surface and storm water management;
(iii) Coordination and timing of comprehensive plan and
development regulation updates;
(iv) Outstanding bonds and special or improvement district assessments;
(v) Annexation procedures;
(vi) Distribution of debt and revenue sharing for annexation proposals, code enforcement, and inspection services;
(vii) Financial and administrative services; and
(viii) Consultation with other service providers, including water-sewer districts, if applicable.
(c) A term of at least five years, which may be extended
by mutual agreement of the city or town, the county, and the
fire protection district.
(3) If the fire protection district, annexing city or town,
and county reach an agreement on the enumerated goals, the
annexation ordinance may proceed and is not subject to referendum. If only the annexing city or town and county reach an
agreement on the enumerated goals, the city or town and
county may proceed with annexation under the interlocal
agreement, but the annexation ordinance provided for in this
section is subject to referendum for forty-five days after its
passage. Upon the filing of a timely and sufficient referendum petition with the legislative body of the city or town,
signed by qualified electors in a number not less than ten percent of the votes cast in the last general state election in the
area to be annexed, the question of annexation must be submitted to the voters of the area in a general election if one is
to be held within ninety days or at a special election called for
that purpose according to RCW 29A.04.330. Notice of the
election must be given as provided in RCW 35.13.080, and
the election must be conducted as provided in the general
election laws under Title 29A RCW. The annexation must be
deemed approved by the voters unless a majority of the votes
cast on the proposition are in opposition to the annexation.
(2010 Ed.)
Annexation of Unincorporated Areas
After the expiration of the forty-fifth day from, but
excluding, the date of passage of the annexation ordinance, if
a timely and sufficient referendum petition has not been filed,
the area annexed becomes a part of the city or town upon the
date fixed in the ordinance of annexation.
(4) If any portion of a fire protection district is proposed
for annexation to or incorporation into a city or town, both the
fire protection district and the city or town shall jointly
inform the employees of the fire protection district about
hires, separations, terminations, and any other changes in
employment that are a direct consequence of annexation or
incorporation at the earliest reasonable opportunity.
(5) The needed employees shall be taken in order of
seniority and the remaining employees who transfer as provided in this section and RCW 35.10.360 and 35.10.370 shall
head the list for employment in the civil service system in
order of their seniority, to the end that they shall be the first
to be reemployed in the city or town fire department when
appropriate positions become available. Employees who are
not immediately hired by the city or town shall be placed on
a reemployment list for a period not to exceed thirty-six
months unless a longer period is authorized by an agreement
reached between the collective bargaining representatives of
the employees of the annexing and annexed fire agencies and
the annexing and annexed fire agencies.
(6)(a) Upon transfer, an employee is entitled to the
employee rights, benefits, and privileges to which he or she
would have been entitled as an employee of the fire protection district, including rights to:
(i) Compensation at least equal to the level of compensation at the time of transfer, unless the employee’s rank and
duties have been reduced as a result of the transfer. If the
transferring employee is placed in a position with reduced
rank and duties, the employee’s compensation may be
adjusted, but the adjustment may not result in a decrease of
greater than fifty percent of the difference between the
employee’s compensation before the transfer and the compensation level for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other
accrued benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no requirement for an additional probationary period if
one had been completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer
an agreement for different terms of transfer is reached
between the collective bargaining representatives of the
transferring employees and the participating fire protection
jurisdictions.
(7) If upon transfer, the transferring employee receives
the rights, benefits, and privileges established under subsection (6)(a)(i) through (iv) of this section, those rights, benefits, and privileges are subject to collective bargaining at the
end of the current bargaining period for the jurisdiction to
which the employee has transferred.
(8) Such bargaining must take into account the years of
service the transferring employee accumulated before the
transfer and must be treated as if those years of service
occurred in the jurisdiction to which the employee has transferred. [2009 c 60 § 7.]
(2010 Ed.)
35.13.260
35.13.249 Annexation of fire districts—Ownership of
assets of fire protection district—Outstanding indebtedness not affected. When any portion of a fire protection district is annexed by or incorporated into a city or town, any
outstanding indebtedness, bonded or otherwise, shall remain
an obligation of the taxable property annexed or incorporated
as if the annexation or incorporation had not occurred. [1965
c 7 § 35.13.249. Prior: 1963 c 231 § 5.]
35.13.249
35.13.252 Fire protection and safety in proposed
annexed territory—Report request. Upon the written
request of a fire protection district, cities and towns annexing
territory under this chapter shall, prior to completing the
annexation, issue a report regarding the likely effects that the
annexation and any associated asset transfers may have upon
the safety of residents within and outside the proposed annexation area. The report must address, but is not limited to, the
provisions of fire protection and emergency medical services
within and outside of the proposed annexation area. A fire
protection district may only request a report under this section when at least five percent of the assessed valuation of the
fire protection district will be annexed. [2009 c 60 § 6.]
35.13.252
35.13.260 Determining population of annexed territory—Certificate—As basis for allocation of state
funds—Revised certificate. Whenever any territory is
annexed to a city or town, a certificate as hereinafter provided
shall be submitted in triplicate to the office of financial management, hereinafter in this section referred to as "the office",
within thirty days of the effective date of annexation specified in the relevant ordinance. After approval of the certificate, the office shall retain the original copy in its files, and
transmit the second copy to the department of transportation
and return the third copy to the city or town. Such certificates
shall be in such form and contain such information as shall be
prescribed by the office. A copy of the complete ordinance
containing a legal description and a map showing specifically
the boundaries of the annexed territory shall be attached to
each of the three copies of the certificate. The certificate shall
be signed by the mayor and attested by the city clerk. Upon
request, the office shall furnish certification forms to any city
or town.
The resident population of the annexed territory shall be
determined by, or under the direction of, the mayor of the city
or town. Such population determination shall consist of an
actual enumeration of the population which shall be made in
accordance with practices and policies, and subject to the
approval of, the office. The population shall be determined as
of the effective date of annexation as specified in the relevant
ordinance.
Until an annexation certificate is filed and approved as
provided herein, such annexed territory shall not be considered by the office in determining the population of such city
or town.
Upon approval of the annexation certificate, the office
shall forward to each state official or department responsible
for making allocations or payments to cities or towns, a
revised certificate reflecting the increase in population due to
such annexation. Upon and after the date of the commencement of the next quarterly period, the population determination indicated in such revised certificate shall be used as the
35.13.260
[Title 35 RCW—page 37]
35.13.270
Title 35 RCW: Cities and Towns
basis for the allocation and payment of state funds to such
city or town.
For the purposes of this section, each quarterly period
shall commence on the first day of the months of January,
April, July, and October. Whenever a revised certificate is
forwarded by the office thirty days or less prior to the commencement of the next quarterly period, the population of the
annexed territory shall not be considered until the commencement of the following quarterly period. [1979 c 151 §
25; 1975 1st ex.s. c 31 § 1; 1969 ex.s. c 50 § 1; 1967 ex.s. c
42 § 2; 1965 c 7 § 35.13.260. Prior: 1961 c 51 § 1; 1957 c 175
§ 14; prior: 1951 c 248 § 5, part.]
Allocations to cities and towns from motor vehicle fund: RCW 46.68.110.
Census to be conducted in decennial periods: State Constitution Art. 2 § 3.
Population determinations, office of financial management: Chapter 43.62
RCW.
Additional notes found at www.leg.wa.gov
35.13.270 Taxes collected in annexed territory—
Notification of annexation. (1) Whenever any territory is
annexed to a city or town which is part of a road district of the
county and road district taxes have been levied but not collected on any property within the annexed territory, the same
shall when collected by the county treasurer be paid to the
city or town and by the city or town placed in the city or town
street fund; except that road district taxes that are delinquent
before the date of annexation shall be paid to the county and
placed in the county road fund.
(2) When territory that is part of a fire district is annexed
to a city or town, the following apply:
(a) Fire district taxes on annexed property that were levied, but not collected, and were not delinquent at the time of
the annexation shall, when collected, be paid to the annexing
city or town at times required by the county, but no less frequently than by July 10th for collections through June 30th
and January 10th for collections through December 31st following the annexation; and
(b) Fire district taxes on annexed property that were levied, but not collected, and were delinquent at the time of the
annexation and the pro rata share of the current year levy
budgeted for general obligation debt, when collected, shall be
paid to the fire district.
(3) When territory that is part of a library district is
annexed to a city or town, the following apply:
(a) Library district taxes on annexed property that were
levied, but not collected, and were not delinquent at the time
of the annexation shall, when collected, be paid to the annexing city or town at times required by the county, but no less
frequently than by July 10th for collections through June 30th
and January 10th for collections through December 31st following the annexation; and
(b) Library district taxes on annexed property that were
levied, but not collected, and were delinquent at the time of
the annexation and the pro rata share of the current year levy
budgeted for general obligation debt, when collected, shall be
paid to the library district.
(4) Subsections (1) through (3) of this section do not
apply to any special assessments due in behalf of such property.
35.13.270
[Title 35 RCW—page 38]
(5) If a city or town annexes property within a fire district or library district while any general obligation bond
secured by the taxing authority of the district is outstanding,
the bonded indebtedness of the fire district or library district
remains an obligation of the taxable property annexed as if
the annexation had not occurred.
(6) The city or town is required to provide notification,
by certified mail, that includes a list of annexed parcel numbers, to the county treasurer and assessor, and to the fire district and library district, as appropriate, at least thirty days
before the effective date of the annexation. The county treasurer is only required to remit to the city or town those road
taxes, fire district taxes, and library district taxes collected
thirty days or more after receipt of the notification.
(7)(a) In counties that do not have a boundary review
board, the city or town shall provide notification to the fire
district or library district of the jurisdiction’s resolution
approving the annexation. The notification required under
this subsection must:
(i) Be made by certified mail within seven days of the
resolution approving the annexation; and
(ii) Include a description of the annexed area.
(b) In counties that have a boundary review board, the
city or town shall provide notification of the proposed annexation to the fire district or library district simultaneously
when notice of the proposed annexation is provided by the
jurisdiction to the boundary review board under RCW
36.93.090.
(8) The provisions of this section regarding (a) the transfer of fire and library district property taxes and (b) city and
town notifications to fire and library districts do not apply if
the city or town has been annexed to and is within the fire or
library district when the city or town approves a resolution to
annex unincorporated county territory. [2007 c 285 § 1; 2001
c 299 § 2; 1998 c 106 § 1; 1965 c 7 § 35.13.270. Prior: 1957
c 175 § 15; prior: 1951 c 248 § 5, part.]
35.13.280 Cancellation, acquisition of franchise or
permit for operation of public service business in territory annexed—Regulation of solid waste collection. The
annexation by any city or town of any territory pursuant to
those provisions of chapter 35.10 RCW which relate to the
annexation of a city or town to a city or town, or pursuant to
the provisions of chapter 35.13 RCW shall cancel, as of the
effective date of such annexation, any franchise or permit
theretofore granted to any person, firm or corporation by the
state of Washington, or by the governing body of such
annexed territory, authorizing or otherwise permitting the
operation of any public transportation, garbage disposal or
other similar public service business or facility within the
limits of the annexed territory, but the holder of any such
franchise or permit canceled pursuant to this section shall be
forthwith granted by the annexing city or town a franchise to
continue such business within the annexed territory for a term
of not less than seven years from the date of issuance thereof,
and the annexing city or town, by franchise, permit or public
operation, shall not extend similar or competing services to
the annexed territory except upon a proper showing of the
inability or refusal of such person, firm or corporation to adequately service said annexed territory at a reasonable price:
PROVIDED, That the provisions of this section shall not pre35.13.280
(2010 Ed.)
Annexation of Unincorporated Areas
clude the purchase by the annexing city or town of said franchise, business, or facilities at an agreed or negotiated price,
or from acquiring the same by condemnation upon payment
of damages, including a reasonable amount for the loss of the
franchise or permit. In the event that any person, firm or corporation whose franchise or permit has been canceled by the
terms of this section shall suffer any measurable damages as
a result of any annexation pursuant to the provisions of the
laws above-mentioned, such person, firm or corporation shall
have a right of action against any city or town causing such
damages.
After an annexation by a city or town, the utilities and
transportation commission shall continue to regulate solid
waste collection within the limits of the annexed territory
until such time as the city or town notifies the commission, in
writing, of its decision to contract for solid waste collection
or provide solid waste collection itself pursuant to RCW
81.77.020. In the event the annexing city or town at any time
decides to contract for solid waste collection or decides to
undertake solid waste collection itself, the holder of any such
franchise or permit that is so canceled in whole or in part shall
be forthwith granted by the annexing city or town a franchise
to continue such business within the annexed territory for a
term of not less than the remaining term of the original franchise or permit, or not less than seven years, whichever is the
shorter period, and the city or town, by franchise, permit, or
public operation, shall not extend similar or competing services to the annexed territory except upon a proper showing
of the inability or refusal of such person, firm, or corporation
to adequately service the annexed territory at a reasonable
price. Upon the effective date specified by the city or town
council’s ordinance or resolution to have the city or town
contract for solid waste collection or undertake solid waste
collection itself, the transition period specified in this section
begins to run. This section does not preclude the purchase by
the annexing city or town of the franchise, business, or facilities at an agreed or negotiated price, or from acquiring the
same by condemnation upon payment of damages, including
a reasonable amount for the loss of the franchise or permit. In
the event that any person, firm, or corporation whose franchise or permit has been canceled by the terms of this section
suffers any measurable damages as a result of any annexation
pursuant to this chapter, such person, firm, or corporation has
a right of action against any city or town causing such damages. [1997 c 171 § 2; 1994 c 81 § 15; 1983 c 3 § 54; 1965 c
7 § 35.13.280. Prior: 1957 c 282 § 1.]
Additional notes found at www.leg.wa.gov
35.13.290
35.13.290 When right-of-way may be included—Use
of right-of-way line as corporate boundary. The boundaries of a city or town arising from an annexation of territory
shall not include a portion of the right-of-way of any public
street, road, or highway except where the boundary runs from
one edge of the right-of-way to the other edge of the
right-of-way. However, the right-of-way line of any public
street, road, or highway, or any segment thereof, may be used
to define a part of a corporate boundary in an annexation proceeding. [1989 c 84 § 8.]
(2010 Ed.)
35.13.320
35.13.300
35.13.300 Boundary line adjustment—Purpose—
Definition. The purpose of RCW 35.13.300 through
35.13.330 is to establish a process for the adjustment of existing or proposed city boundary lines to avoid a situation where
a common boundary line is or would be located within a
right-of-way of a public street, road, or highway, or a situation where two cities are separated or would be separated by
only the right-of-way of a public street, road, or highway,
other than situations where a boundary line runs from one
edge of the right-of-way to the other edge of the right-of-way.
As used in RCW 35.13.300 through 35.13.330, "city"
includes every city or town in the state, including a code city
operating under Title 35A RCW. [1989 c 84 § 12.]
35.13.310
35.13.310 Boundary line adjustment—Agreement—
Not subject to review. (1) This section provides a method to
adjust the boundary lines between two cities where the two
cities share a common boundary within a right-of-way of a
public street, road, or highway, or the two cities have a portion of their boundaries separated only by all or part of the
right-of-way of a public street, road, or highway. However,
this section does not apply to situations where a boundary
line runs from one edge of the right-of-way to the other edge
of the right-of-way.
(2) The councils of any two cities in a situation described
in subsection (1) of this section may enter into an agreement
to alter those portions of their boundaries that are necessary
to eliminate this situation and create a partial common
boundary on either edge of the right-of-way of the public
street, road, or highway. An agreement made under this section shall include only boundary line adjustments between
the two cities that are necessary to eliminate the situation
described in subsection (1) of this section.
A boundary line adjustment under this section is not subject to potential review by a boundary review board. [1989 c
84 § 13.]
35.13.320
35.13.320 Boundary line adjustment—When adjustment required—Limitation—Not subject to review. The
councils of any two cities that will be in a situation described
in RCW 35.13.310(1) as the result of a proposed annexation
by one of the cities may enter into an agreement to adjust
those portions of the annexation proposal and the boundaries
of the city that is not proposing the annexation. Such an
agreement shall not be effective unless the annexation is
made.
The annexation proposal shall proceed if such an agreement were not made, but any resulting boundaries between
th e two ci ties th at m eet th e des crip tio n s o f R CW
35.13.310(1) shall be adjusted by agreement between the two
cities within one hundred eighty days of the effective date of
the annexation, or the county legislative authority of the
county within which the right-of-way is located shall adjust
the boundaries within a sixty-day period immediately following the one hundred eightieth day.
An agreement or adjustment made by a county under this
section shall include only boundary line adjustments between
the two cities that are necessary to eliminate the situation
described in RCW 35.13.310(1).
[Title 35 RCW—page 39]
35.13.330
Title 35 RCW: Cities and Towns
A boundary line adjustment under this section is not subject to potential review by a boundary review board. [1989 c
84 § 14.]
35.13.330 Boundary line adjustment—Agreement
pending incorporation—Limitation—Not subject to
review. (1) The purpose of this section is to avoid situations
arising where the boundaries of an existing city and a newly
incorporated city would create a situation described in RCW
35.13.310(1).
(2) A boundary review board that reviews the boundaries
of a proposed incorporation may enter into an agreement with
the council of a city, that would be in a situation described in
subsection (1) of this section as the result of a proposed incorporation of a city, to adjust the boundary line of the city and
those of the city proposed to be incorporated to avoid this situation described in subsection (1) of this section if the incorporation were to be approved by the voters. Such an agreement shall not be effective unless the incorporation occurs.
The incorporation proposal shall proceed if such an
agreement were not made, but any resulting boundaries
between the two cities that meet create a situation described
in RCW 35.13.310(1) shall be adjusted by agreement
between the two cities within one hundred eighty days of the
official date of the incorporation, or the county legislative
authority of the county within which the right-of-way is
located shall adjust the boundaries within a sixty-day period
immediately following the one hundred eightieth day.
An agreement or adjustment made by a county under this
section shall include only boundary line adjustments between
the two cities that are necessary to eliminate the situation
described in RCW 35.13.310(1).
A boundary line adjustment under this section is not subject to potential review by a boundary review board. [1989 c
84 § 15.]
35.13.330
35.13.340 Boundary line adjustment—Inclusion or
exclusion of remaining portion of parcel—When subject
to review—Definition. The boundaries of a city shall be
adjusted to include or exclude the remaining portion of a parcel of land located partially within and partially without *of
the boundaries of that city upon the governing body of the
city adopting a resolution approving such an adjustment that
was requested in a petition signed by the owner of the parcel.
A boundary adjustment made pursuant to this section shall
not be subject to potential review by the boundary review
board of the county within which the parcel is located if the
remaining portion of the parcel to be included or excluded
from the city is located in the unincorporated area of the
county and the adjustment is approved by resolution of the
county legislative authority or in writing by a county official
or employee of the county who is designated by ordinance of
the county to make such approvals.
Where part of a single parcel of land is located within the
boundaries of one city, and the remainder of the parcel is
located within the boundaries of a second city that is located
immediately adjacent to the first city, the boundaries of the
two cities may be adjusted so that all of the parcel is located
within either of the cities, if the adjustment was requested in
a petition signed by the property owner and is approved by
35.13.340
[Title 35 RCW—page 40]
both cities. Approval by a city may be through either resolution of its city council, or in writing by an official or
employee of the city who has been designated by ordinance
of the city to make such approvals. Such an adjustment is not
subject to potential review by the boundary review board of
the county in which the parcel is located.
Whenever a portion of a public right-of-way is located
on such a parcel, the boundary adjustment shall be made in
such a manner as to include all or none of that portion of the
public right-of-way within the boundaries of the city.
As used in this section, "city" shall include any city or
town, including a code city. [1989 c 84 § 24.]
*Reviser’s note: The word "of" appears to be unnecessary.
35.13.350 Providing annexation information to public. A city or town can provide factual public information on
the effects of a pending annexation proposed for the city or
town. [1989 c 351 § 8.]
35.13.350
35.13.360 Transfer of county sheriff’s employees—
Purpose. It is the purpose of RCW 35.13.360 through
35.13.400 to require the lateral transfer of any qualified
county sheriff’s employee who, by reason of annexation or
incorporation of an unincorporated area of a county, will or is
likely to be laid off due to sheriff’s department cutbacks
resulting from the loss of the unincorporated law enforcement responsibility. [1993 c 189 § 2.]
35.13.360
35.13.370 Transfer of county sheriff’s employees—
When authorized. When any portion of an unincorporated
area of a county is to be annexed or incorporated into a city,
code city, or town, any employee of the sheriff’s office of the
county may transfer his or her employment to the police
department of the city, code city, or town as provided in
RCW 35.13.360 through 35.13.400 if the employee: (1)
Was, at the time the annexation or incorporation occurred,
employed exclusively or principally in performing the powers, duties, and functions of the county sheriff’s office; (2)
will, as a direct consequence of the annexation or incorporation, be separated from the employ of the county; and (3) can
perform the duties and meets the city’s, code city’s or town’s
minimum standards and qualifications of the position to be
filled within their police department.
Nothing in this section or RCW 35.13.380 requires a
city, code city, or town to accept the voluntary transfer of
employment of a person who will not be laid off due to his or
her seniority status. [1993 c 189 § 3.]
35.13.370
35.13.380 Transfer of county sheriff’s employees—
Conditions, limitations. (1) An eligible employee under
RCW 35.13.370 may transfer into the civil service system for
the police department by filing a written request with the civil
service commission of the affected city, code city, or town
and by giving written notice thereof to the legislative authority of the county. Upon receipt of such request by the civil
service commission the transfer shall be made. The employee
so transferring will: (a) Be on probation for the same period
as are new employees in the same classification of the police
department; (b) be eligible for promotion after completion of
the probationary period in compliance with existing civil ser35.13.380
(2010 Ed.)
Annexation of Unincorporated Areas
vice rules pertaining to lateral transfers based upon combined
service time; (c) receive a salary at least equal to that of other
new employees in the same classification of the police
department; and (d) in all other matters, such as sick leave
and vacation, have, within the civil service system, all the
rights, benefits, and privileges that the employee would have
been entitled to had he or she been a member of the police
department from the beginning of his or her employment
with the county. The county is responsible for compensating
an employee for benefits accrued while employed with the
sheriff’s office unless a different agreement is reached
between the county and the city, code city, or town. No
accrued benefits are transferable to the recipient agency
unless the recipient agency agrees to accept the accrued benefits. All benefits shall then accrue based on the combined
seniority of each employee in the recipient agency. The
county shall, upon receipt of such notice, transmit to the civil
service commission a record of the employee’s service with
the county which shall be credited to the employee as a part
of his or her period of employment in the police department.
For purposes of layoffs by the city, code city, or town, only
the time of service accrued with the city, code city, or town
shall apply unless an agreement is reached between the collective bargaining representatives of the police department
and sheriff’s office employees and the police department and
sheriff’s office.
(2) Only as many of the transferring employees shall be
placed upon the payroll of the police department as the city,
code city, or town determines are needed to provide an adequate level of law enforcement service. The needed employees shall be taken in order of seniority and the remaining
employees who transfer as provided in RCW 35.13.360
through 35.13.400 shall head the list of their respective class
or job listing exclusive of rank in the civil service system in
order of their seniority, so that they shall be the first to be
employed in the police department as vacancies become
available. Employees who are not immediately hired by the
city, code city, or town shall be placed on a reemployment list
for a period not to exceed thirty-six months unless a longer
period is authorized by an agreement reached between the
collective bargaining representatives of the police department and sheriff’s office employees and the police department and sheriff’s office. The county sheriff’s office must
rehire former employees who are placed on the city’s reemployment list before it can hire anyone else to perform the
same duties previously performed by these employees who
were laid off.
(3) The thirty-six month period contained in subsection
(2) of this section shall commence:
(a) On the effective date of the annexation in cases of
annexation; and
(b) On the date when the city creates its own police
department in cases of incorporation.
(4) The city, code city, or town shall retain the right to
select the police chief regardless of seniority. [1993 c 189 §
4.]
35.13.390 Transfer of county sheriff’s employees—
Rules. In addition to its other duties prescribed by law, the
civil service commission shall make rules necessary to provide for the orderly integration of employees of a county
35.13.390
(2010 Ed.)
35.13.410
sheriff’s office to the police department of the city, code city,
or town pursuant to RCW 35.13.360 through 35.13.400.
[1993 c 189 § 5.]
35.13.400 Transfer of county sheriff’s employees—
Notification of right to transfer—Time for filing transfer
request. When any portion of an unincorporated area of a
county is to be annexed or incorporated into a city, code city,
or town and layoffs will result in the county sheriff’s office,
employees so affected shall be notified of their right to transfer. The affected employees shall have ninety days after the
commencement of the thirty-six month period as specified in
RCW 35.13.380(3) to file a request to transfer their employment to the police department of the city, code city, or town
under RCW 35.13.360 through 35.13.400. [1993 c 189 § 6.]
35.13.400
35.13.410 Alternative direct petition method—Commencement of proceedings—Notice to legislative body—
Meeting—Assumption of indebtedness—Comprehensive
plan. Proceedings for the annexation of territory pursuant to
this section and RCW 35.13.420 shall be commenced as provided in this section. Before the circulation of a petition for
annexation, the initiating party or parties who, except as provided in RCW 28A.335.110, shall be either not less than ten
percent of the residents of the area to be annexed or the owners of not less than ten percent of the acreage for which
annexation is petitioned, shall notify the legislative body of
the city or town in writing of their intention to commence
annexation proceedings. The legislative body shall set a date,
not later than sixty days after the filing of the request, for a
meeting with the initiating parties to determine whether the
city or town will accept, reject, or geographically modify the
proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan if such plan has
been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it
shall require the assumption of all or any portion of existing
city or town indebtedness by the area to be annexed. If the
legislative body requires the assumption of all or any portion
of indebtedness and/or the adoption of a comprehensive plan,
it shall record this action in its minutes and the petition for
annexation shall be so drawn as to clearly indicate this fact.
There shall be no appeal from the decision of the legislative
body. [2003 c 331 § 2.]
35.13.410
Intent—2003 c 331: "The legislature recognizes that on March 14,
2002, the Washington state supreme court decided in Grant County Fire
Protection District No. 5 v. City of Moses Lake, 145 Wn.2d 702 (2002), that
the petition method of annexation authorized by RCW 35.13.125 through
35.13.160 and 35A.14.120 through 35A.14.150 is unconstitutional. The legislature also recognizes that on October 11, 2002, the Washington state
supreme court granted a motion for reconsideration of this decision. The legislature intends to provide a new method of direct petition annexation that
enables property owners and registered voters to participate in an annexation
process without the constitutional defect identified by the court." [2003 c
331 § 1.]
Severability—2003 c 331: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 331 § 14.]
Effective date—2003 c 331: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 16, 2003]." [2003 c 331 § 15.]
[Title 35 RCW—page 41]
35.13.420
Title 35 RCW: Cities and Towns
35.13.420 Alternative direct petition method—Petition—Signers—Content. (1) A petition for annexation of
an area contiguous to a city or town may be made in writing
addressed to and filed with the legislative body of the municipality to which annexation is desired. Except where all the
property sought to be annexed is property of a school district,
and the school directors thereof file the petition for annexation as in RCW 28A.335.110, the petition must be signed by
the owners of a majority of the acreage for which annexation
is petitioned and a majority of the registered voters residing
in the area for which annexation is petitioned.
(2) If no residents exist within the area proposed for
annexation, the petition must be signed by the owners of a
majority of the acreage for which annexation is petitioned.
(3) The petition shall set forth a legal description of the
property proposed to be annexed that complies with RCW
35.02.170, and shall be accompanied by a drawing that outlines the boundaries of the property sought to be annexed. If
the legislative body has required the assumption of all or any
portion of city or town indebtedness by the area annexed,
and/or the adoption of a comprehensive plan for the area to be
annexed, these facts, together with a quotation of the minute
entry of such requirement or requirements, shall be set forth
in the petition. [2003 c 331 § 3.]
35.13.420
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.430 Alternative direct petition method—
Notice of hearing. When a petition for annexation is filed
with the city or town council, or commission in those cities
having a commission form of government, that meets the
requirements of RCW 35.13.410, 35.13.420, and 35.21.005,
of which fact satisfactory proof may be required by the council or commission, the council or commission may entertain
the same, fix a date for a public hearing thereon and cause
notice of the hearing to be published in one issue of a newspaper of general circulation in the city or town. The notice
shall also be posted in three public places within the territory
proposed for annexation, and shall specify the time and place
of hearing and invite interested persons to appear and voice
approval or disapproval of the annexation. The expense of
publication and posting of the notice shall be borne by the
signers of the petition. [2003 c 331 § 4.]
35.13.430
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.440 Alternative direct petition method—Ordinance providing for annexation. Following the hearing, the
council or commission shall determine by ordinance whether
annexation shall be made. Subject to the provisions of RCW
35.13.410, 35.13.460, and 35.21.005, they may annex all or
any portion of the proposed area but may not include in the
annexation any property not described in the petition. Upon
passage of the ordinance a certified copy shall be filed with
the board of county commissioners of the county in which the
annexed property is located. [2003 c 331 § 5.]
35.13.440
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.450 Alternative direct petition method—Effective date of annexation and comprehensive plan—Assess35.13.450
[Title 35 RCW—page 42]
ment, taxation of territory annexed. Upon the date fixed in
the ordinance of annexation, the area annexed shall become
part of the city or town. All property within the annexed territory shall, if the annexation petition so provided, be
assessed and taxed at the same rate and on the same basis as
the property of such annexing city or town is assessed and
taxed to pay for all or of any portion of the then outstanding
indebtedness of the city or town to which the area is annexed,
approved by the voters, contracted, or incurred before, or
existing at, the date of annexation. If the annexation petition
so provided, all property in the annexed area is subject to and
is a part of the comprehensive plan as prepared and filed as
provided for in RCW 35.13.177 and 35.13.178. [2003 c 331
§ 6.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.460 Alternative direct petition method—
Method is alternative. The method of annexation provided
for in RCW 35.13.410 through 35.13.450 is an alternative
method, and does not supersede any other method. [2003 c
331 § 7.]
35.13.460
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.13.470 Annexation of territory within urban
growth areas—Interlocal agreement—Public hearing—
Ordinance providing for annexation. (1) The legislative
body of a county, city, or town planning under chapter
36.70A RCW and subject to the requirements of RCW
36.70A.215 may initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an interlocal agreement as provided in chapter
39.34 RCW between a county and any city or town within the
county. The territory proposed for annexation must meet the
following criteria: (a) Be within the city or town urban
growth area designated under RCW 36.70A.110, and (b) at
least sixty percent of the boundaries of the territory proposed
for annexation must be contiguous to the annexing city or
town or one or more cities or towns.
(2) If the territory proposed for annexation has been designated in an adopted county comprehensive plan as part of
an urban growth area, urban service area, or potential annexation area for a specific city or town, or if the urban growth
area territory proposed for annexation has been designated in
a written agreement between a city or town and a county for
annexation to a specific city or town, the designation or designations shall receive full consideration before a city or
county may initiate the annexation process provided for in
RCW 35.13.480.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city or town legislative body
shall adopt an ordinance providing for the annexation of the
35.13.470
(2010 Ed.)
Annexation of Unincorporated Areas
territory described in the agreement. The legislative body
shall cause notice of the proposed effective date of the annexation, together with a description of the property to be
annexed, to be published at least once each week for two
weeks subsequent to passage of the ordinance, in one or more
newspapers of general circulation within the city and in one
or more newspapers of general circulation within the territory
to be annexed. If the annexation ordinance provides for
assumption of indebtedness or adoption of a proposed zoning
regulation, the notice shall include a statement of the requirements. Any territory to be annexed through an ordinance
adopted under this section is annexed and becomes a part of
the city or town upon the date fixed in the ordinance of
annexation, which date may not be fewer than forty-five days
after adoption of the ordinance. [2003 c 299 § 1.]
35.13.480 Annexation of territory within urban
growth areas—County may initiate process with other
cities or towns—Interlocal agreement—Public hearing—
Ordinance—Referendum—Election, when necessary. (1)
The legislative body of any county planning under chapter
36.70A RCW and subject to the requirements of RCW
36.70A.215 may initiate an annexation process with the legislative body of any other cities or towns that are contiguous
to the territory proposed for annexation in RCW 35.13.470 if:
(a) The county legislative body initiated an annexation
process as provided in RCW 35.13.470; and
(b) The affected city or town legislative body adopted a
responsive resolution rejecting the proposed annexation or
declined to create the requested interlocal agreement with the
county; or
(c) More than one hundred eighty days have passed since
adoption of a county resolution as provided for in RCW
35.13.470 and the parties have not adopted or executed an
interlocal agreement providing for the annexation of unincorporated territory. The legislative body for either the county
or an affected city or town may, however, pass a resolution
extending the negotiation period for one or more six-month
periods if a public hearing is held and findings of fact are
made prior to each extension.
(2) Any county initiating the process provided for in subsection (1) of this section must do so by adopting a resolution
commencing negotiations for an interlocal agreement as provided in chapter 39.34 RCW between the county and any city
or town within the county. The annexation area must be
within an urban growth area designated under RCW
36.70A.110 and at least sixty percent of the boundaries of the
territory to be annexed must be contiguous to one or more cities or towns.
(3) The agreement shall describe the boundaries of the
territory to be annexed. A public hearing shall be held by
each legislative body, separately or jointly, before the agreement is executed. Each legislative body holding a public
hearing shall, separately or jointly, publish the agreement at
least once a week for two weeks before the date of the hearing
in one or more newspapers of general circulation within the
territory proposed for annexation.
(4) Following adoption and execution of the agreement
by both legislative bodies, the city or town legislative body
shall adopt an ordinance providing for the annexation. The
legislative body shall cause notice of the proposed effective
35.13.480
(2010 Ed.)
35.13.490
date of the annexation, together with a description of the
property to be annexed, to be published at least once each
week for two weeks subsequent to passage of the ordinance,
in one or more newspapers of general circulation within the
city and in one or more newspapers of general circulation
within the territory to be annexed. If the annexation ordinance provides for assumption of indebtedness or adoption of
a proposed zoning regulation, the notice shall include a statement of the requirements. Any area to be annexed through an
ordinance adopted under this section is annexed and becomes
a part of the city or town upon the date fixed in the ordinance
of annexation, which date may not be less than forty-five
days after adoption of the ordinance.
(5) The annexation ordinances provided for in RCW
35.13.470(4) and subsection (4) of this section are subject to
referendum for forty-five days after passage. Upon the filing
of a timely and sufficient referendum petition with the legislative body, signed by registered voters in number equal to
not less than fifteen percent of the votes cast in the last general state election in the area to be annexed, the question of
annexation shall be submitted to the voters of the area in a
general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW
29A.04.330. Notice of the election shall be given as provided
in RCW 35.13.080 and the election shall be conducted as provided in the general election law. The annexation shall be
deemed approved by the voters unless a majority of the votes
cast on the proposition are in opposition thereto.
After the expiration of the forty-fifth day from but
excluding the date of passage of the annexation ordinance, if
no timely and sufficient referendum petition has been filed,
the area annexed shall become a part of the city or town upon
the date fixed in the ordinance of annexation.
(6) If more than one city or town adopts interlocal agreements providing for annexation of the same unincorporated
territory as provided by this section, an election shall be held
in the area to be annexed pursuant to RCW 35.13.070 and
35.13.080. In addition to the provisions of RCW 35.13.070
and 35.13.080, the ballot shall also contain a separate proposition allowing voters to cast votes in favor of annexation to
any one city or town participating in an interlocal agreement
as provided by this section. If a majority of voters voting on
the proposition vote against annexation, the proposition is
defeated. If, however, a majority of voters voting in the election approve annexation, the area shall be annexed to the city
or town receiving the highest number of votes among those
cast in favor of annexation.
(7) Costs for an election required under subsection (6) of
this section shall be borne by the county. [2006 c 344 § 23;
2003 c 299 § 2.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
35.13.490 Annexation of territory used for an agricultural fair. (1) Territory owned by a county and used for
an agricultural fair as provided in chapter 15.76 RCW or
chapter 36.37 RCW may only be annexed to a city or town
through the method prescribed in this section.
(a) The legislative body of the city or town proposing the
annexation must submit a request for annexation and a legal
35.13.490
[Title 35 RCW—page 43]
35.13.500
Title 35 RCW: Cities and Towns
description of the subject territory to the legislative authority
of the county within which the territory is located.
(b) Upon receipt of the request and description, the
county legislative authority has thirty days to review the proposal and determine if the annexation proceedings will continue. As a condition of approval, the county legislative
authority may modify the proposal, but it may not add territory that was not included in the request and description.
Approval of the county legislative authority is a condition
precedent to further proceedings upon the request and there is
no appeal of the county legislative authority’s decision.
(c) If the county legislative authority determines that the
proceedings may continue, it must, within thirty days of the
determination, fix a date for a public hearing on the proposal,
and cause notice of the hearing to be published at least once a
week for two weeks prior to the hearing in one or more newspapers of general circulation in the territory proposed for
annexation. The notice must also be posted in three public
places within the subject territory, specify the time and place
of the hearing, and invite interested persons to appear and
voice approval or disapproval of the annexation. If the
annexation proposal provides for assumption of indebtedness
or adoption of a proposed zoning regulation, the notice must
include a statement of these requirements.
(d) If, following the conclusion of the hearing, a majority
of the county legislative authority deems the annexation proposal to be in the best interest of the county, it may adopt a
resolution approving of the annexation.
(e) If, following the county legislative authority’s adoption of the annexation approval resolution, the legislative
body of the city or town proposing annexation determines to
effect the annexation, it must do so by ordinance. The ordinance: (i) May only include territory approved for annexation in the resolution adopted under (d) of this subsection;
and (ii) must not exclude territory approved for annexation in
the resolution adopted under (d) of this subsection. Upon
passage of the annexation ordinance, a certified copy must be
filed with the applicable county legislative authority.
(2) Any territory annexed through an ordinance adopted
under this section is annexed and becomes a part of the city or
town upon the date fixed in the ordinance. [2009 c 402 § 3.]
Intent—2009 c 402: "The legislature recognizes that agricultural fairs
serve valuable educational, vocational, and recreational purposes that promote the public good and serve as showcases for an important sector of
Washington’s economy. The legislature also recognizes that counties provide territory for agricultural fairs and supporting services, thereby creating
locales for economic and other beneficial activities. Washington’s increasing population can, however, create significant annexation pressures that
impact fairgrounds and surrounding lands.
In recognition of the many benefits of agricultural fairs and the importance of promoting effective annexation laws, the legislature intends to
establish clear and logical procedures for the annexation of county-owned
fairgrounds that are consistent with the longstanding requirement that these
grounds may only be annexed with the consent of a majority of the county
legislative authority." [2009 c 402 § 1.]
35.13.500 Annexation of territory within regional
transit authorities. When territory is annexed under this
chapter to a city located within the boundaries of a regional
transit authority, the territory is simultaneously included
within the boundaries of the authority and subject from the
effective date of the annexation to all taxes and other liabilities and obligations applicable within the city with respect to
35.13.500
[Title 35 RCW—page 44]
the authority. The city must notify the authority of the annexation. [2010 c 19 § 1.]
35.13.900 Application of chapter to annexations
involving water or sewer service. Nothing in this chapter
precludes or otherwise applies to an annexation by a city or
town of unincorporated territory as authorized by RCW
57.24.170, 57.24.190, and 57.24.210. [1996 c 230 § 1601;
1995 c 279 § 3.]
35.13.900
Additional notes found at www.leg.wa.gov
Chapter 35.13A
Chapter 35.13A RCW
WATER OR SEWER DISTRICTS—
ASSUMPTION OF JURISDICTION
Sections
35.13A.010
35.13A.020
Definitions.
Assumption authorized—Disposition of properties and
rights—Outstanding indebtedness—Management and
control.
35.13A.030 Assumption of control if sixty percent or more of area or valuation within city.
35.13A.0301 Assumption of water-sewer district before July 1, 1999—
Limitations.
35.13A.040 Assumption of control if less than sixty percent of area or valuation within city.
35.13A.050 Territory containing facilities within or without city—Duties
of city or district—Rates and charges—Assumption of
responsibility—Outstanding indebtedness—Properties
and rights.
35.13A.060 District in more than one city—Assumption of responsibilities—Duties of cities.
35.13A.070 Contracts.
35.13A.080 Dissolution of water district or sewer district.
35.13A.090 Employment and rights of district employees.
35.13A.100 Assumption of substandard water system—Limited immunity from liability.
35.13A.111 Assumption of water-sewer district with fewer than two hundred fifty customers.
35.13A.900 Severability—1971 ex.s. c 95.
35.13A.010 Definitions. Whenever used in this chapter, the following words shall have the following meanings:
(1) The words "district," "water district," and "sewer district" shall mean a "water-sewer district" as that term is used
in Title 57 RCW.
(2) The word "city" shall mean a city or town of any class
and shall also include any code city as defined in chapter
35A.01 RCW.
(3) The word "indebtedness" shall include general obligation, revenue, and special indebtedness and temporary,
emergency, and interim loans. [1998 c 326 § 1; 1971 ex.s. c
95 § 1.]
35.13A.010
Additional notes found at www.leg.wa.gov
35.13A.020 Assumption authorized—Disposition of
properties and rights—Outstanding indebtedness—Management and control. (Effective until January 1, 2015.)
(1) Except as provided in RCW 35.13B.030, whenever all of
the territory of a district is included within the corporate
boundaries of a city, the city legislative body may adopt a resolution or ordinance to assume jurisdiction over all of the district.
(2) Upon the assumption, all real and personal property,
franchises, rights, assets, taxes levied but not collected for the
district for other than indebtedness, water, sewer, and drain35.13A.020
(2010 Ed.)
Water or Sewer Districts—Assumption of Jurisdiction
age facilities, and all other facilities and equipment of the district shall become the property of the city subject to all financial, statutory, or contractual obligations of the district for the
security or performance of which the property may have been
pledged. The city, in addition to its other powers, shall have
the power to manage, control, maintain, and operate the property, facilities and equipment and to fix and collect service
and other charges from owners and occupants of properties so
served by the city, subject, however, to any outstanding
indebtedness, bonded or otherwise, of the district payable
from taxes, assessments, or revenues of any kind or nature
and to any other contractual obligations of the district.
(3) The city may by resolution or ordinance of its legislative body, assume the obligation of paying such district
indebtedness and of levying and of collecting or causing to be
collected the district taxes, assessments, and utility rates and
charges of any kind or nature to pay and secure the payment
of the indebtedness, according to all of the terms, conditions
and covenants incident to the indebtedness, and shall assume
and perform all other outstanding contractual obligation of
the district in accordance with all of their terms, conditions,
and covenants. An assumption shall not be deemed to impair
the obligation of any indebtedness or other contractual obligation. During the period until the outstanding indebtedness
of the district has been discharged, the territory of the district
and the owners and occupants of property therein, shall continue to be liable for its and their proportionate share of the
indebtedness, including any outstanding assessments levied
within any local improvement district or utility local
improvement district thereof. The city shall assume the obligation of causing the payment of the district’s indebtedness,
collecting the district’s taxes, assessments, and charges, and
observing and performing the other district contractual obligations. The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of
any property tax to be levied and collected therein, and causing service and other charges and assessments to be collected
from the property or owners or occupants thereof, enforcing
the collection and performing all other acts necessary to
ensure performance of the district’s contractual obligations in
the same manner and by the same means as if the territory of
the district had not been included within the boundaries of a
city.
When a city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments
have been levied and service and other charges have accrued
for this purpose but have not been collected by the district
prior to the assumption, the same when collected shall belong
and be paid to the city and be used by the city so far as necessary for payment of the indebtedness of the district existing
and unpaid on the date the city assumes the indebtedness.
Any funds received by the city which have been collected for
the purpose of paying any bonded or other indebtedness of
the district, shall be used for the purpose for which they were
collected and for no other purpose. Any outstanding indebtedness shall be paid as provided in the terms, conditions, and
covenants of the indebtedness. All funds of the district on
deposit with the county treasurer at the time of title transfer
shall be used by the city solely for the benefit of the assumed
utility and shall not be transferred to or used for the benefit of
(2010 Ed.)
35.13A.020
the city’s general fund. [2010 c 102 § 6; 1999 c 153 § 28;
1998 c 326 § 2; 1971 ex.s. c 95 § 2.]
Application—Expiration date—2010 c 102: See notes following
RCW 35.13B.010.
Additional notes found at www.leg.wa.gov
35.13A.020 Assumption authorized—Disposition of
properties and rights—Outstanding indebtedness—Management and control. (Effective January 1, 2015.) (1)
Whenever all of the territory of a district is included within
the corporate boundaries of a city, the city legislative body
may adopt a resolution or ordinance to assume jurisdiction
over all of the district.
(2) Upon the assumption, all real and personal property,
franchises, rights, assets, taxes levied but not collected for the
district for other than indebtedness, water, sewer, and drainage facilities, and all other facilities and equipment of the district shall become the property of the city subject to all financial, statutory, or contractual obligations of the district for the
security or performance of which the property may have been
pledged. The city, in addition to its other powers, shall have
the power to manage, control, maintain, and operate the property, facilities and equipment and to fix and collect service
and other charges from owners and occupants of properties so
served by the city, subject, however, to any outstanding
indebtedness, bonded or otherwise, of the district payable
from taxes, assessments, or revenues of any kind or nature
and to any other contractual obligations of the district.
(3) The city may by resolution or ordinance of its legislative body, assume the obligation of paying such district
indebtedness and of levying and of collecting or causing to be
collected the district taxes, assessments, and utility rates and
charges of any kind or nature to pay and secure the payment
of the indebtedness, according to all of the terms, conditions
and covenants incident to the indebtedness, and shall assume
and perform all other outstanding contractual obligation of
the district in accordance with all of their terms, conditions,
and covenants. An assumption shall not be deemed to impair
the obligation of any indebtedness or other contractual obligation. During the period until the outstanding indebtedness
of the district has been discharged, the territory of the district
and the owners and occupants of property therein, shall continue to be liable for its and their proportionate share of the
indebtedness, including any outstanding assessments levied
within any local improvement district or utility local
improvement district thereof. The city shall assume the obligation of causing the payment of the district’s indebtedness,
collecting the district’s taxes, assessments, and charges, and
observing and performing the other district contractual obligations. The legislative body of the city shall act as the officers of the district for the purpose of certifying the amount of
any property tax to be levied and collected therein, and causing service and other charges and assessments to be collected
from the property or owners or occupants thereof, enforcing
the collection and performing all other acts necessary to
ensure performance of the district’s contractual obligations in
the same manner and by the same means as if the territory of
the district had not been included within the boundaries of a
city.
When a city assumes the obligation of paying the outstanding indebtedness, and if property taxes or assessments
35.13A.020
[Title 35 RCW—page 45]
35.13A.030
Title 35 RCW: Cities and Towns
have been levied and service and other charges have accrued
for this purpose but have not been collected by the district
prior to the assumption, the same when collected shall belong
and be paid to the city and be used by the city so far as necessary for payment of the indebtedness of the district existing
and unpaid on the date the city assumes the indebtedness.
Any funds received by the city which have been collected for
the purpose of paying any bonded or other indebtedness of
the district, shall be used for the purpose for which they were
collected and for no other purpose. Any outstanding indebtedness shall be paid as provided in the terms, conditions, and
covenants of the indebtedness. All funds of the district on
deposit with the county treasurer at the time of title transfer
shall be used by the city solely for the benefit of the assumed
utility and shall not be transferred to or used for the benefit of
the city’s general fund. [1999 c 153 § 28; 1998 c 326 § 2;
1971 ex.s. c 95 § 2.]
(1) Merge or consolidate with another water-sewer district unless each city that is partially included within any of
the districts proposing to merge or consolidate indicates that
it has no interest in assuming jurisdiction of the district; or
(2) Take any action that would establish different contractual obligations, requirements for retiring indebtedness,
authority to issue debt in parity with the district’s existing
outstanding indebtedness, rates of compensation, or terms of
employment contracts, if a city assumes jurisdiction of all or
a portion of the district. Nothing in this subsection shall be
construed to prevent a district from issuing obligations on a
parity with its outstanding obligations, to repeat terms and
conditions of obligations provided with respect to earlier parity obligations, or to provide covenants that are customary for
obligations of similar utilities whether those utilities are operated by cities or special purpose districts. [1998 c 326 § 3.]
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
35.13A.040 Assumption of control if less than sixty
percent of area or valuation within city. (Effective until
January 1, 2015.) Except as provided in RCW 35.13B.030,
whenever the portion of a district included within the corporate boundaries of a city is less than sixty percent of the area
of the district and less than sixty percent of the assessed valuation of the real property within the district, the city may
elect to proceed under the provisions of RCW 35.13A.050.
[2010 c 102 § 8; 1999 c 153 § 30; 1971 ex.s. c 95 § 4.]
35.13A.040
35.13A.030 Assumption of control if sixty percent or
more of area or valuation within city. (Effective until January 1, 2015.) Except as provided in RCW 35.13B.030,
whenever a portion of a district equal to at least sixty percent
of the area or sixty percent of the assessed valuation of the
real property lying within such district, is included within the
corporate boundaries of a city, the city may assume by ordinance the full and complete management and control of that
portion of the entire district not included within another city,
whereupon the provisions of RCW 35.13A.020 shall be operative; or the city may proceed directly under the provisions of
RCW 35.13A.050. [2010 c 102 § 7; 1999 c 153 § 29; 1971
ex.s. c 95 § 3.]
35.13A.030
Application—Expiration date—2010 c 102: See notes following
RCW 35.13B.010.
Additional notes found at www.leg.wa.gov
35.13A.030 Assumption of control if sixty percent or
more of area or valuation within city. (Effective January
1, 2015.) Whenever a portion of a district equal to at least
sixty percent of the area or sixty percent of the assessed valuation of the real property lying within such district, is
included within the corporate boundaries of a city, the city
may assume by ordinance the full and complete management
and control of that portion of the entire district not included
within another city, whereupon the provisions of RCW
35.13A.020 shall be operative; or the city may proceed
directly under the provisions of RCW 35.13A.050. [1999 c
153 § 29; 1971 ex.s. c 95 § 3.]
35.13A.030
Additional notes found at www.leg.wa.gov
35.13A.0301 Assumption of water-sewer district
before July 1, 1999—Limitations. During the period commencing with April 3, 1998, and running through July 1,
1999, a city may not assume jurisdiction of all or a portion of
a water - se we r d istr ic t u n de r R CW 3 5. 1 3A .0 3 0 o r
35.13A.040, unless voters of the entire water-sewer district
approve a ballot proposition authorizing the assumption
under general election law with the city paying for the election costs, and during the same period a water-sewer district
may not:
35.13A.0301
[Title 35 RCW—page 46]
Application—Expiration date—2010 c 102: See notes following
RCW 35.13B.010.
Additional notes found at www.leg.wa.gov
35.13A.040 Assumption of control if less than sixty
percent of area or valuation within city. (Effective January 1, 2015.) Whenever the portion of a district included
within the corporate boundaries of a city is less than sixty
percent of the area of the district and less than sixty percent of
the assessed valuation of the real property within the district,
the city may elect to proceed under the provisions of RCW
35.13A.050. [1999 c 153 § 30; 1971 ex.s. c 95 § 4.]
35.13A.040
Additional notes found at www.leg.wa.gov
35.13A.050 Territory containing facilities within or
without city—Duties of city or district—Rates and
charges—Assumption of responsibility—Outstanding
indebtedness—Properties and rights. When electing under
RCW 35.13A.030 or 35.13A.040 to proceed under this section, the city may assume, by ordinance, jurisdiction of the
district’s responsibilities, property, facilities and equipment
within the corporate limits of the city: PROVIDED, That if
on the effective date of such an ordinance the territory of the
district included within the city contains any facilities serving
or designed to serve any portion of the district outside the
corporate limits of the city or if the territory lying within the
district and outside the city contains any facilities serving or
designed to serve territory included within the city (which
facilities are hereafter in this section called the "serving facilities"), the city or district shall for the economically useful
life of any such serving facilities make available sufficient
capacity therein to serve the sewage or water requirements of
such territory, to the extent that such facilities were designed
35.13A.050
(2010 Ed.)
Water or Sewer Districts—Assumption of Jurisdiction
to serve such territory at a rate charged to the municipality
being served which is reasonable to all parties.
In the event a city proceeds under this section, the district
may elect upon a favorable vote of a majority of all voters
within the district voting upon such propositions to require
the city to assume responsibility for the operation and maintenance of the district’s property, facilities and equipment
throughout the entire district and to pay the city a charge for
such operation and maintenance which is reasonable under
all of the circumstances.
A city acquiring property, facilities and equipment under
the provisions of this section shall acquire such property,
facilities and equipment, and fix and collect service and other
charges from owners and occupants of properties served by
the city, subject, to any contractual obligations of the district
which relate to the property, facilities, or equipment so
acquired by the city or which are secured by taxes, assessments or revenues from the territory of the district included
within the city. In such cases, the property included within
the city and the owners and occupants thereof shall continue
to be liable for payment of its and their proportionate share of
any outstanding district indebtedness. The district and its
officers shall continue to levy taxes and assessments on and
to collect service and other charges from such property, or
owners or occupants thereof, to enforce such collections, and
to perform all other acts necessary to insure performance of
the district’s contractual obligations in the same manner and
by the same means as if the territory of the district had not
been included within the boundaries of a city. [1971 ex.s. c
95 § 5.]
35.13A.060 District in more than one city—Assumption of responsibilities—Duties of cities. Whenever more
than one city, in whole or in part, is included within a district,
the city which has within its boundaries sixty percent or more
of the area of the assessed valuation of the district (in this section referred to as the "principal city") may, with the approval
of any other city containing part of such district, assume
responsibility for operation and maintenance of the district’s
property, facilities and equipment within such other city and
make and enforce such charges for operation, maintenance
and retirement of indebtedness as may be reasonable under
all the circumstances.
Any other city having less than sixty percent in area or
assessed valuation of such district, within its boundaries may
install facilities and create local improvement districts or otherwise finance the cost of installation of such facilities and if
such facilities have been installed in accordance with reasonable standards fixed by the principal city, such other city may
connect such facilities to the utility system of such district
operated by the principal city upon providing for payment by
the owners or occupants of properties served thereby, of such
charges established by the principal city as may be reasonable under the circumstances. [1999 c 153 § 31; 1971 ex.s. c
95 § 6.]
35.13A.060
Additional notes found at www.leg.wa.gov
35.13A.070 Contracts. Notwithstanding any provision
of this chapter to the contrary, one or more cities and one or
more districts may, through their legislative authorities,
35.13A.070
(2010 Ed.)
35.13A.080
authorize a contract with respect to the rights, powers, duties,
and obligation of such cities, or districts with regard to the
use and ownership of property, the providing of services, the
maintenance and operation of facilities, allocation of cost,
financing and construction of new facilities, application and
use of assets, disposition of liabilities and debts, the performance of contractual obligations, and any other matters arising out of the inclusion, in whole or in part, of the district or
districts within any city or cities, or the assumption by the
city of jurisdiction of a district under *RCW 35.13A.110. The
contract may provide for the furnishing of services by any
party thereto and the use of city or district facilities or real
estate for such purpose, and may also provide for the time
during which such district or districts may continue to exercise any rights, privileges, powers, and functions provided by
law for such district or districts as if the district or districts or
portions thereof were not included within a city or were not
subject to an assumption of jurisdiction under *RCW
35.13A.110, including but not by way of limitation, the right
to promulgate rules and regulations, to levy and collect special assessments, rates, charges, service charges, and connection fees, to adopt and carry out the provisions of a comprehensive plan, and amendments thereto, for a system of
improvements, and to issue general obligation bonds or revenue bonds in the manner provided by law. The contract may
provide for the transfer to a city of district facilities, property,
rights, and powers as provided in RCW 35.13A.030,
35.13A.050, and *35.13A.110, whether or not sixty percent
or any of the area or assessed valuation of real estate lying
within the district or districts is included within such city.
The contract may provide that any party thereto may authorize, issue, and sell revenue bonds to provide funds for new
water or sewer improvements or to refund any water revenue,
sewer revenue, or combined water and sewer revenue bonds
outstanding of any city, or district which is a party to such
contract if such refunding is deemed necessary, providing
such refunding will not increase interest costs. The contract
may provide that any party thereto may authorize and issue,
in the manner provided by law, general obligation or revenue
bonds of like amounts, terms, conditions, and covenants as
the outstanding bonds of any other party to the contract, and
such new bonds may be substituted or exchanged for such
outstanding bonds. However, no such exchange or substitution shall be effected in such a manner as to impair the obligation or security of any such outstanding bonds. [1997 c
426 § 2; 1971 ex.s. c 95 § 7.]
*Reviser’s note: RCW 35.13A.110 expired December 31, 1998.
35.13A.080
35.13A.080 Dissolution of water district or sewer district. In any of the cases provided for in RCW 35.13A.020,
35.13A.030, 35.13A.050, and *35.13A.110, and notwithstanding any other method of dissolution provided by law,
dissolution proceedings may be initiated by either the city or
the district, or both, when the legislative body of the city and
the governing body of the district agree to, and petition for,
dissolution of the district.
The petition for dissolution shall be signed by the chief
administrative officer of the city and the district, upon authorization of the legislative body of the city and the governing
body of the district, respectively and such petition shall be
[Title 35 RCW—page 47]
35.13A.090
Title 35 RCW: Cities and Towns
presented to the superior court of the county in which the city
is situated.
If the petition is thus authorized by both the city and district, and title to the property, facilities, and equipment of the
district has passed to the city pursuant to action taken under
this chapter, all indebtedness and local improvement district
or utility local improvement district assessments of the district have been discharged or assumed by and transferred to
the city, and the petition contains a statement of the distribution of assets and liabilities mutually agreed upon by the city
and the district and a copy of the agreement between such
city and the district is attached thereto, a hearing shall not be
required and the court shall, if the interests of all interested
parties have been protected, enter an order dissolving the district.
In any of the cases provided for in RCW 35.13A.020,
35.13A.030, and *35.13A.110, if the petition for an order of
dissolution is signed on behalf of the city alone or the district
alone, or there is no mutual agreement on the distribution of
assets and liabilities, the superior court shall enter an order
fixing a hearing date not less than sixty days from the day the
petition is filed, and the clerk of the court of the county shall
give notice of such hearing by publication in a newspaper of
general circulation in the district once a week for three successive weeks and by posting in three public places in the district at least twenty-one days before the hearing. The notice
shall set forth the filing of the petition, its purposes, and the
date and place of hearing thereon.
After the hearing the court shall enter its order with
respect to the dissolution of the district. If the court finds that
such district should be dissolved and the functions performed
by the city, the court shall provide for the transfer of assets
and liabilities to the city. The court may provide for the dissolution of the district upon such conditions as the court may
deem appropriate. A certified copy of the court order dissolving the district shall be filed with the county auditor. If the
court does not dissolve the district, it shall state the reasons
for declining to do so. [1997 c 426 § 3; 1971 ex.s. c 95 § 8.]
*Reviser’s note: RCW 35.13A.110 expired December 31, 1998.
35.13A.090 Employment and rights of district
employees. Whenever a city acquires all of the facilities of a
district, pursuant to this chapter, such a city shall offer to
employ every full time employee of the district who is
engaged in the operation of such a district’s facilities on the
date on which such city acquires the district facilities. When
a city acquires any portion of the facilities of such a district,
such a city shall offer to employ full time employees of the
district as of the date of the acquisition of the facilities of the
district who are not longer needed by the district.
Whenever a city employs a person who was employed
immediately prior thereto by the district, arrangements shall
be made:
(1) For the retention of all sick leave standing to the
employee’s credit in the plan of such district.
(2) For a vacation with pay during the first year of
employment equivalent to that to which he or she would have
been entitled if he or she had remained in the employment of
the district. [2009 c 549 § 2011; 1999 c 153 § 32; 1971 ex.s.
c 95 § 9.]
35.13A.090
[Title 35 RCW—page 48]
Additional notes found at www.leg.wa.gov
35.13A.100
35.13A.100 Assumption of substandard water system—Limited immunity from liability. A city assuming
responsibility for a water system that is not in compliance
with state or federal requirements for public drinking water
systems, and its agents and employees, are immune from
lawsuits or causes of action, based on noncompliance with
state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and
continue after the date of assuming responsibility, provided
that the city has submitted and is complying with a plan and
schedule of improvements approved by the department of
health. This immunity shall expire on the earlier of the date
the plan of improvements is completed or four years from the
date of assuming responsibility. This immunity does not
apply to intentional injuries, fraud, or bad faith. [1994 c 292
§ 5.]
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
35.13A.111
35.13A.111 Assumption of water-sewer district with
fewer than two hundred fifty customers. The board of
commissioners of a water-sewer district, with fewer than two
hundred fifty customers on July 24, 2005, and the city council
of a code city with a population greater than one hundred
thousand on July 24, 2005, may provide for assumption by
the city of the district in accordance with RCW 35.13A.020,
except as provided herein, pursuant to the terms and conditions of a contract executed in accordance with RCW
35.13A.070. None of the territory of the water-sewer district
need be included within the territory of the city. The contract
and assumption shall be approved by resolution of the board
of commissioners and ordinance of the city council. If the
water-sewer district has no indebtedness or monetary obligations on the date of assumption, the city shall use any surplus
funds only for water services delivered to and water facilities
constructed in the former territory of the district, unless provided otherwise in the contract. In connection with the
assumption, the water-sewer district or the city, or both, may
provide for dissolution of the district pursuant to RCW
35.13A.080. [2005 c 43 § 1.]
35.13A.900
35.13A.900 Severability—1971 ex.s. c 95. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1971 ex.s. c 95 § 12.]
Chapter 35.13B
Chapter 35.13B RCW
TAXING AUTHORITY ON
WATER-SEWER DISTRICTS
Sections
35.13B.005
35.13B.010
35.13B.020
35.13B.030
35.13B.900
Definition.
Tax authorized—Interlocal agreement.
Feasibility study—Requirements, findings.
Assumption of jurisdiction—Voter approval necessary.
Alternative provisions—Construction.
(2010 Ed.)
Community Municipal Corporations
35.13B.005 Definition. (Expires January 1, 2015.)
For purposes of this chapter, the term "city" has the same
meaning as defined in RCW 35.13A.010. [2010 c 102 § 4.]
35.13B.005
Application—Expiration date—2010 c 102: See notes following
RCW 35.13B.010.
35.13B.010 Tax authorized—Interlocal agreement.
(Expires January 1, 2015.) (1) A city in which a watersewer district operates works, plants, or facilities for the distribution and sale of water or sewer services may levy and
collect from the district a tax on the gross revenues derived
by the district from the sale of water or sewer services within
the city, exclusive of the revenues derived from the sale of
water or sewer services for purposes of resale. The tax when
levied must be a debt of the district, and may be collected as
such. The district may add the amount of tax to the rates or
charges it makes for water or sewer services sold within the
limits of the city.
(2)(a) A city imposing a tax under this section:
(i) May not impose a franchise fee or other charge on the
water-sewer district; and
(ii) May only do so through an interlocal agreement with
the district under chapter 39.34 RCW.
(b) The interlocal agreement required by this subsection
(2) must identify the district as the collection and passthrough entity, with revenues submitted to the city. The
interlocal agreement may include provisions addressing city
assumptions of the water-sewer district and the expenditure
of revenues collected under this section in areas of the district
that are located within the corporate limits of the city.
(3) For purposes of this section, the term "city" has the
same meaning as defined in RCW 35.13A.010. [2010 c 102
§ 1.]
35.13B.010
Reviser’s note: 2010 c 102 § 1 directed that this section be codified in
chapter 35.21 RCW, but codification in chapter 35.13B RCW appears to be
more appropriate.
Application—2010 c 102: "This act applies only to a city, as well as the
water-sewer districts within the corporate boundaries of the city and potential annexation areas that, as of June 10, 2010:
(1) Has a population of between eighty thousand and eighty-five thousand as certified in the April 1, 2009, official population estimates listed by
the office of financial management; and
(2) Is located in a county with a population of one million five hundred
thousand or more." [2010 c 102 § 9.]
Expiration date—2010 c 102: "This act expires January 1, 2015."
[2010 c 102 § 11.]
35.13B.020 Feasibility study—Requirements, findings. (Expires January 1, 2015.) (1) A city choosing to
impose a tax under RCW 35.13B.010 that adopts a resolution
to assume all or part of a water-sewer district must complete
a feasibility study of the assumption. The study must be completed within six months of the passage of the resolution to
assume all or part of the district. The study is not required if
the board of commissioners of the district consents to the
assumption.
(2) The study must be jointly and equally funded by the
city and the district through a mutually agreed upon contract
with a qualified independent consultant with professional
expertise involving public water and sewer systems. The
study must address the impact of the proposed assumption on
the city and district. Issues to be considered must be mutually
agreed upon by the city and district and must include, but are
35.13B.020
(2010 Ed.)
Chapter 35.14
not limited to, engineering and operational impacts, assumption costs to the city and district, including potential impacts
on future water-sewer rates, bond ratings and future borrowing costs, the status of existing water rights, and other issues
jointly agreed upon.
(3) The findings of the study must be presented as a public record and must be available to the registered voters of the
entire district. If the method of assumption requires the submission of a ballot proposition to all registered voters of the
district, the findings of the study must be made available to
these voters prior to a vote on the proposed assumption.
[2010 c 102 § 2.]
Application—Expiration date—2010 c 102: See notes following
RCW 35.13B.010.
35.13B.030 Assumption of jurisdiction—Voter
approval necessary. (Expires January 1, 2015.) (1) A city
choosing to impose a tax under RCW 35.13B.010 may not
assume jurisdiction of all or part of a water-sewer district
under RCW 35.13A.020, 35.13A.030, or 35.13A.040 without
voter approval of a ballot proposition authorizing the
assumption. Ballot propositions under this section must be
submitted to all registered voters of the district. If a majority
of the votes cast on the proposition are in favor of the
assumption, the assumption may proceed as authorized under
chapter 35.13A RCW.
(2) Elections under this section must be conducted in
accordance with general election law, and the election costs
must be borne by the city seeking approval to assume jurisdiction of the district. [2010 c 102 § 3.]
35.13B.030
Application—Expiration date—2010 c 102: See notes following
RCW 35.13B.010.
35.13B.900 Alternative provisions—Construction.
(Expires January 1, 2015.) (1) The assumption provisions in
RCW 35.13B.005 through 35.13B.030 are alternative and in
addition to other provisions in chapter 35.13A RCW.
(2) Nothing in RCW 35.13B.005 through 35.13B.030:
(a) Limits or otherwise modifies the assumption authority
under chapter 35.13A RCW for cities that do not impose a tax
under RCW 35.13B.010; or (b) abrogates city and watersewer district agreements for cities that do not impose a tax
under RCW 35.13B.010. [2010 c 102 § 5.]
35.13B.900
Application—Expiration date—2010 c 102: See notes following
RCW 35.13B.010.
Chapter 35.14
Chapter 35.14 RCW
COMMUNITY MUNICIPAL CORPORATIONS
Sections
35.14.010
35.14.020
35.14.030
35.14.040
35.14.050
35.14.060
When community municipal corporation may be organized—
Service areas—Territory.
Community council—Membership—Election—Terms.
Community council—Employees—Office—Officers—Quorum—Meetings—Compensation and expenses.
Ordinances or resolutions of city applying to land, buildings or
structures within corporation, effectiveness—Zoning ordinances, resolutions or land use controls to remain in effect
upon annexation or consolidation—Comprehensive plan.
Powers and duties of community municipal corporation.
Original term of existence of community municipal corporation—Continuation of existence—Procedure.
[Title 35 RCW—page 49]
35.14.010
Title 35 RCW: Cities and Towns
35.14.010 When community municipal corporation
may be organized—Service areas—Territory. Whenever
unincorporated territory is annexed by a city or town pursuant to the provisions of chapter 35.13 RCW, or whenever
unincorporated territory is annexed to a code city pursuant to
the provisions of chapter 35A.14 RCW, community municipal corporations may be organized for the territory comprised
of all or a part of an unincorporated area annexed to a city or
town pursuant to chapter 35.13 or 35A.14 RCW, if: (1) The
service area is such as would be eligible for incorporation as
a city or town; or (2) the service area has a minimum population of not less than three hundred inhabitants and ten percent
of the population of the annexing city or town; or (3) the service area has a minimum population of not less than one
thousand inhabitants.
Whenever two or more cities are consolidated pursuant
to the provisions of chapter 35.10 RCW, a community
municipal corporation may be organized within one or more
of the consolidating cities.
No territory shall be included in the service area of more
than one community municipal corporation. Whenever a new
community municipal corporation is formed embracing all of
the territory of an existing community municipal corporation,
the prior existing community municipal corporation shall be
deemed to be dissolved on the effective date of the new corporation. [1993 c 75 § 1; 1985 c 281 § 24; 1967 c 73 § 1.]
35.14.010
Additional notes found at www.leg.wa.gov
35.14.020 Community council—Membership—Election—Terms. A community municipal corporation shall be
governed by a community council composed of five members. Initial council members shall be elected concurrently
with the annexation election to consecutively numbered positions from qualified electors residing within the service area.
Declarations of candidacy and withdrawals shall be in the
same manner as is provided for members of the city council
or other legislative body of the city to which annexation is
proposed. Subsequent council membership shall be the same
in number as the initial council and such members shall be
elected to consecutively numbered positions at the continuation election pursuant to RCW 35.14.060 from qualified electors residing within the service area.
Terms of original council members shall be coexistent
with the original term of existence of the community municipal corporation and until their successors are elected and
qualified. Vacancies in any council shall be filled for the
remainder of the unexpired term by a majority vote of the
remaining members. [1985 c 281 § 25; 1967 c 73 § 2.]
35.14.020
Additional notes found at www.leg.wa.gov
35.14.030 Community council—Employees—
Office—Officers—Quorum—Meetings—Compensation
and expenses. Each community council shall be staffed by a
deputy to the city clerk of the city with which the service area
is consolidated or annexed and shall be provided with such
other clerical and technical assistance and a properly
equipped office as may be necessary to carry out its functions.
Each community council shall elect a chair and vice
chair from its membership. A majority of the council shall
35.14.030
[Title 35 RCW—page 50]
constitute a quorum. Each action of the community municipal corporation shall be by resolution approved by vote of the
majority of all the members of the community council. Meetings shall be held at such times and places as provided in the
rules of the community council. Members of the community
council shall receive no compensation.
The necessary expenses of the community council shall
be budgeted and paid by the city. [2009 c 549 § 2012; 1967
c 73 § 3.]
35.14.040 Ordinances or resolutions of city applying
to land, buildings or structures within corporation, effectiveness—Zoning ordinances, resolutions or land use controls to remain in effect upon annexation or consolidation—Comprehensive plan. The adoption, approval, enactment, amendment, granting or authorization by the city
council or commission of any ordinance or resolution applying to land, buildings or structures within any community
council corporation shall become effective within such community municipal corporation either on approval by the community council, or by failure of the community council to disapprove within sixty days of final enactment, with respect to
the following:
(1) Comprehensive plan;
(2) Zoning ordinance;
(3) Conditional use permit, special exception or variance;
(4) Subdivision ordinance;
(5) Subdivision plat;
(6) Planned unit development.
Disapproval by the community council shall not affect
the application of any ordinance or resolution affecting areas
outside the community municipal corporation.
Upon annexation or consolidation, pending the effective
enactment or amendment of a zoning or land use control ordinance, without disapproval of the community municipal corporation, affecting land, buildings, or structures within a
community municipal corporation, the zoning ordinance, resolution or land use controls applicable to the annexed or consolidated area, prior to the annexation or consolidation, shall
remain in effect within the community municipal corporation
and be enforced by the city to which the area is annexed or
consolidated.
Whenever the comprehensive plan of the city, insofar as
it affects the area of the community municipal corporation
has been submitted as part of an annexation proposition and
approved by the voters of the area proposed for annexation
pursuant to chapter 88, Laws of 1965 extraordinary session,
such action shall have the same force and effect as approval
by the community council of the comprehensive plan, zoning
ordinance and subdivision ordinance. [1967 c 73 § 4.]
35.14.040
35.14.050 Powers and duties of community municipal corporation. In addition to powers and duties relating to
approval of zoning regulations and restrictions as set forth in
RCW 35.14.040, a community municipal corporation acting
through its community council may:
(1) Make recommendations concerning any proposed
comprehensive plan or other proposal which directly or indi35.14.050
(2010 Ed.)
Reduction of City Limits
rectly affects the use of property or land within the service
area;
(2) Provide a forum for consideration of the conservation, improvement or development of property or land within
the service area; and
(3) Advise, consult, and cooperate with the legislative
authority of the city on any local matters directly or indirectly
affecting the service area. [1967 c 73 § 5.]
35.14.060 Original term of existence of community
municipal corporation—Continuation of existence—Procedure. The original terms of existence of any community
municipal corporation shall be for at least four years and until
the first Monday in January next following a regular municipal election held in the city.
Any such community municipal corporation may be
continued thereafter for additional periods of four years’
duration with the approval of the voters at an election held
and conducted in the manner provided for in this section.
Authorization for a community municipal corporation to
continue its term of existence for each additional period of
four years may be initiated pursuant to a resolution or a petition in the following manner:
(1) A resolution praying for such continuation may be
adopted by the community council and shall be filed not less
than seven months prior to the end of the term of existence of
such corporation with the city council or other legislative
body of the city in which the service area is located.
(2) A petition for continuation shall be signed by at least
ten percent of the registered voters residing within the service
area and shall be filed not less than six months prior to the
end of the term of existence of such corporation with the city
council or other legislative body of the city in which the service area is located.
At the same election at which a proposition is submitted
to the voters of the service area for the continuation of the
community municipal corporation for an additional period of
four years, the community councilmembers of such municipal corporation shall be elected. The positions on such council shall be the same in number as the original or initial council and shall be numbered consecutively and elected at large.
Declarations of candidacy and withdrawals shall be in the
same manner as is provided for members of the city council
or other legislative body of the city.
Upon receipt of a petition, the city clerk shall examine
the signatures thereon and certify to the sufficiency thereof.
No person may withdraw his or her name from a petition after
it has been filed.
Upon receipt of a valid resolution or upon duly certifying
a petition for continuation of a community municipal corporation, the city clerk with whom the resolution or petition was
filed shall cause a proposition on continuation of the term of
existence of the community municipal corporation to be
placed on the ballot at the next city general election. No person shall be eligible to vote on such proposition at such election unless he or she is a qualified voter and resident of the
service area.
The ballots shall contain the words "For continuation of
community municipal corporation" and "Against continuation of community municipal corporation" or words equivalent thereto, and shall also contain the names of the candi35.14.060
(2010 Ed.)
35.16.030
dates to be voted for to fill the positions on the community
council. The names of all candidates to be voted upon shall
be printed on the ballot alphabetically in groups under the
numbered position on the council for which they are candidates.
If the results of the election as certified by the county
canvassing board reveal that a majority of the votes cast are
for continuation, the municipal corporation shall continue in
existence for an additional period of four years, and certificates of election shall be issued to the successful candidates
who shall assume office at the same time as members of the
city council or other legislative body of the city. [2009 c 549
§ 2013; 1967 c 73 § 6.]
Chapter 35.16
Chapter 35.16 RCW
REDUCTION OF CITY LIMITS
Sections
35.16.001
35.16.010
35.16.030
35.16.040
35.16.050
35.16.060
35.16.070
Actions subject to review by boundary review board.
Petition, resolution for election.
Canvassing the returns—Abstract of vote.
Ordinance to reduce boundaries.
Recording of ordinance and plat on effective date of reduction.
Effect of exclusion as to liability for indebtedness.
Previously granted franchises in excluded territory.
35.16.001 Actions subject to review by boundary
review board. Actions taken under chapter 35.16 RCW may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 29.]
35.16.001
35.16.010 Petition, resolution for election. Upon the
filing of a petition which is sufficient as determined by RCW
35A.01.040 requesting the exclusion from the boundaries of
a city or town of an area described by metes and bounds or by
reference to a recorded plat or government survey, signed by
qualified voters of the city or town equal in number to not less
than ten percent of the number of voters voting at the last general municipal election, the city or town legislative body shall
submit the question to the voters. As an alternate method, the
legislative body of the city or town may by resolution submit
a proposal to the voters for excluding such a described area
from the boundaries of the city or town. The question shall be
submitted at the next general municipal election if one is to
be held within one hundred eighty days or at a special election called for that purpose not less than ninety days nor more
than one hundred eighty days after the certification of sufficiency of the petition or the passage of the resolution. The
petition or resolution shall set out and describe the territory to
be excluded from the city or town, together with the boundaries of the city or town as it will exist after such change is
made. [1994 c 273 § 1; 1965 c 7 § 35.16.010. Prior: (i) 1895
c 93 § 1, part; RRS § 8902, part. (ii) 1895 c 93 § 4, part; RRS
§ 8905, part.]
35.16.010
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.16.030 Canvassing the returns—Abstract of vote.
The election returns shall be canvassed as provided in *RCW
29.13.040. If three-fifths of the votes cast on the proposition
favor the reduction of the corporate limits, the legislative
body of the city or town, by an order entered on its minutes,
shall direct the clerk to make and transmit to the office of the
35.16.030
[Title 35 RCW—page 51]
35.16.040
Title 35 RCW: Cities and Towns
Canvassing returns, generally: Chapter 29A.60 RCW.
35.17.040
35.17.050
35.17.060
35.17.070
35.17.080
35.17.090
35.17.100
35.17.105
35.17.108
35.17.120
35.17.130
Conduct of election—Canvass: RCW 29A.60.010.
35.17.150
35.16.040 Ordinance to reduce boundaries. Promptly
after the filing of the abstract of votes with the office of the
secretary of state, the legislative body of the city or town shall
adopt an ordinance defining and fixing the corporate limits
after excluding the area as determined by the election. The
ordinance shall also describe the excluded territory by metes
and bounds or by reference to a recorded plat or government
survey and declare it no longer a part of the city or town.
[1994 c 273 § 4; 1965 c 7 § 35.16.040. Prior: 1895 c 93 § 2;
RRS § 8903.]
35.17.170
35.17.180
35.17.190
35.17.200
35.17.210
35.17.220
35.17.230
35.17.240
35.17.250
secretary of state a certified abstract of the vote. The abstract
shall show the total number of voters voting, the number of
votes cast for reduction and the number of votes cast against
reduction. [1994 c 273 § 3; 1965 c 7 § 35.16.030. Prior:
1895 c 93 § 1, part; RRS § 8902, part.]
*Reviser’s note: RCW 29.13.040 was recodified as RCW 29A.60.010
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.16.040
35.16.050 Recording of ordinance and plat on effective date of reduction. A certified copy of the ordinance
defining the reduced city or town limits together with a map
showing the corporate limits as altered shall be filed in accordance with *RCW 29.15.026 and recorded in the office of the
county auditor of the county in which the city or town is situated, upon the effective date of the ordinance. The new
boundaries of the city or town shall take effect immediately
after they are filed and recorded with the county auditor.
[1996 c 286 § 3; 1994 c 273 § 5; 1965 c 7 § 35.16.050. Prior:
1895 c 93 § 3; RRS § 8904.]
35.16.050
*Reviser’s note: RCW 29.15.026 was recodified as RCW 29A.76.020
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.16.060 Effect of exclusion as to liability for indebtedness. The exclusion of an area from the boundaries of a
city or town shall not exempt any real property therein from
taxation for the purpose of paying any indebtedness of the
city or town existing at the time of its exclusion, and the interest thereon. [1965 c 7 § 35.16.060. Prior: 1895 c 93 § 4, part;
RRS § 8905, part.]
35.17.260
35.17.270
35.17.280
35.17.290
35.17.300
35.17.310
35.17.330
35.17.340
35.17.350
35.17.360
35.17.370
35.17.380
35.17.390
35.17.400
35.17.410
35.17.420
35.17.430
35.17.440
35.17.450
35.17.460
Offices.
Meetings.
President.
Vice president.
Employees of commission.
Distribution of powers—Assignment of duties.
Bonds of commissioners and employees.
Clerk may take acknowledgments.
Salaries of mayor and commissioners.
Officers and employees—Salaries and wages.
Officers and employees—Creation—Removal—Changes in
compensation.
Officers and employees—Passes, free services prohibited,
exceptions—Penalty.
Financial statements—Monthly—Annual.
Legislative power—How exercised.
Legislative ordinances and resolutions.
Legislative—Appropriations of money.
Legislative—Street improvements.
Legislative—Franchises—Referendum.
Legislative—Ordinances—Time of going into effect.
Legislative—Referendum—Filing suspends ordinance.
Legislative—Referendum—Petitions and conduct of elections.
Legislative—Ordinances by initiative petition.
Legislative—Initiative petition—Submission procedures.
Legislative—Initiative petition—Checking by clerk.
Legislative—Initiative petition—Appeal to court.
Legislative—Initiative—Conduct of election.
Legislative—Initiative—Notice of election.
Legislative—Initiative—Effective date—Record.
Legislative—Initiative—Repeal or amendment.
Legislative—Initiative—Repeal or amendment—Method.
Legislative—Initiative—Repeal or amendment—Record.
Organization on commission form—Eligibility—Census.
Organization—Petition.
Organization—Ballots.
Organization—Election of officers—Term.
Organization—Effect on ordinances—Boundaries—Property.
Organization—Revision of appropriations.
Abandonment of commission form.
Abandonment—Method.
Abandonment—Conduct of election—Canvass.
Abandonment—Effect.
Imposition or increase of business and occupation tax—Referendum procedure required—Exclusive procedure: RCW 35.21.706.
Population determinations: Chapter 43.62 RCW.
35.16.060
35.16.070 Previously granted franchises in excluded
territory. In regard to franchises previously granted for
operation of any public service business or facility within the
territory excluded from a city or town by proceedings under
this chapter, the rights, obligations, and duties of the legislative body of the county or other political subdivision having
jurisdiction over such territory and of the franchise holder
shall be as provided in RCW 35.02.160, relating to inclusion
of territory by an incorporation. [1994 c 273 § 6.]
35.16.070
Chapter 35.17 RCW
COMMISSION FORM OF GOVERNMENT
35.17.010 Definition of commission form. The commission form of city government means a city government in
which the legislative powers and duties are exercised by a
commission of three, consisting of a mayor, a commissioner
of finance and accounting, and a commissioner of streets and
public improvements, and in which the executive and administrative powers and duties are distributed among the three
departments as follows:
(1) Department of public safety of which the mayor shall
be the superintendent;
(2) Department of finance and accounting of which the
commissioner of finance and accounting shall be the superintendent;
(3) Department of streets and public improvements of
which the commissioner of streets and public improvement
shall be the superintendent. [1965 c 7 § 35.17.010. Prior: (i)
1911 c 116 § 11, part; RRS § 9100, part. (ii) 1943 c 25 § 3,
part; 1911 c 116 § 12, part; Rem. Supp. 1943 § 9101, part.]
35.17.010
Chapter 35.17
Sections
35.17.010
35.17.020
35.17.030
35.17.035
Definition of commission form.
Elections—Terms of commissioners—Vacancies.
Laws applicable.
Second-class cities, parking meter revenue for revenue bonds.
[Title 35 RCW—page 52]
35.17.020 Elections—Terms of commissioners—
Vacancies. (1) All regular elections in cities organized under
the statutory commission form of government shall be held
quadrennially in the odd-numbered years on the dates provided in *RCW 29.13.020. However, after commissioners
are elected at the next general election occurring in 1995 or
35.17.020
(2010 Ed.)
Commission Form of Government
1997, regular elections in cities organized under a statutory
commission form of government shall be held biennially at
municipal general elections.
(2) The commissioners shall be nominated and elected at
large. Their terms shall be for four years and until their successors are elected and qualified and assume office in accordance with *RCW 29.04.170. However, at the next regular
election of a city organized under a statutory commission
form of government, the terms of office of commissioners
shall occur with the person who is elected as a commissioner
receiving the least number of votes being elected to a twoyear term of office and the other two persons who are elected
being elected to four-year terms of office. Thereafter, commissioners shall be elected to four-year terms of office.
(3) Vacancies on a commission shall occur and shall be
filled as provided in chapter 42.12 RCW, except that in every
instance a person shall be elected to fill the remainder of the
unexpired term at the next general municipal election that
occurs twenty-eight or more days after the occurrence of the
vacancy. [1994 c 223 § 10; 1994 c 119 § 1; 1979 ex.s. c 126
§ 17; 1965 c 7 § 35.17.020. Prior: 1963 c 200 § 12; 1959 c 86
§ 2; 1955 c 55 § 9; prior: (i) 1911 c 116 § 5; RRS § 9094. (ii)
1943 c 25 § 1, part; 1911 c 116 § 3, part; Rem. Supp. 1943 §
9092, part.]
Reviser’s note: *(1) RCW 29.13.020 and 29.04.170 were recodified as
RCW 29A.04.330 and 29A.20.040 pursuant to 2003 c 111 § 2401, effective
July 1, 2004.
(2) This section was amended by 1994 c 119 § 1 and by 1994 c 223 §
10, each without reference to the other. Both amendments are incorporated
in the publication of this section pursuant to RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.17.030
35.17.030 Laws applicable. Cities organized under the
commission form have all the powers of cities of the second
class and shall be governed by the statutes applicable to cities
of that class to the extent to which they are appropriate and
not in conflict with provisions specifically applicable to cities
organized under the commission form. [1965 c 7 §
35.17.030. Prior: (i) 1911 c 116 § 11, part; RRS § 9100, part.
(ii) 1911 c 116 § 4, part; RRS § 9093, part.]
Second-class cities: Chapter 35.23 RCW.
35.17.035
35.17.035 Second-class cities, parking meter revenue
for revenue bonds. See RCW 35.23.454.
35.17.040
35.17.040 Offices. The commission shall have and
maintain an office at the city hall, or such other place as the
city may provide. [1965 c 7 § 35.17.040. Prior: 1955 c 309
§ 3; prior: 1943 c 25 § 4, part; 1911 c 116 § 14, part; Rem.
Supp. 1943 § 9103, part.]
35.17.050
35.17.050 Meetings. Regular meetings of the commission shall be held on the second Monday after the election of
the commissioners and thereafter at least once each week on
a day to be fixed by ordinance. Special meetings may be
called by the mayor or two commissioners. All meetings of
the commission shall be open to the public. [1965 c 7 §
35.17.050. Prior: 1911 c 116 § 15, part; RRS § 9104, part.]
(2010 Ed.)
35.17.108
35.17.060 President. The mayor shall be president of
the commission. He or she shall preside at its meetings when
present and shall oversee all departments and recommend to
the commission, action on all matters requiring attention in
any department. [2009 c 549 § 2014; 1965 c 7 § 35.17.060.
Prior: 1911 c 116 § 15, part; RRS § 9104, part.]
35.17.060
35.17.070 Vice president. The commissioner of
finance and accounting shall be vice president of the commission. In the absence or inability of the mayor, he or she shall
perform the duties of president. [2009 c 549 § 2015; 1965 c
7 § 35.17.070. Prior: 1911 c 116 § 15, part; RRS § 9104,
part.]
35.17.070
35.17.080 Employees of commission. The commission
shall appoint by a majority vote a city clerk and such other
officers and employees as the commission may by ordinance
provide. Any officer or employee appointed by the commission may be discharged at any time by vote of a majority of
the members of the commission. Any commissioner may
perform any duties pertaining to his or her department but
without additional compensation therefor. [2009 c 549 §
2016; 1965 c 7 § 35.17.080. Prior: 1943 c 25 § 3, part; 1911
c 116 § 12, part; Rem. Supp. 1943 § 9101, part.]
35.17.080
35.17.090 Distribution of powers—Assignment of
duties. The commission by ordinance shall determine what
powers and duties are to be performed in each department,
shall prescribe the powers and duties of the various officers
and employees and make such rules and regulations for the
efficient and economical conduct of the business of the city
as it may deem necessary and proper. The commission may
assign particular officers and employees to one or more
departments and may require an officer or employee to perform duties in two or more departments. [1965 c 7 §
35.17.090. Prior: 1911 c 116 § 11, part; RRS § 9100, part.]
35.17.090
35.17.100 Bonds of commissioners and employees.
Every member of the city commission, before qualifying,
shall give a good and sufficient bond to the city in a sum
equivalent to five times the amount of his or her annual salary, conditioned for the faithful performance of the duties of
his or her office. The bonds must be approved by a judge of
the superior court for the county in which the city is located
and filed with the clerk thereof. The commission, by resolution, may require any of its appointees to give bond to be
fixed and approved by the commission and filed with the
mayor. [2007 c 218 § 65; 1965 c 7 § 35.17.100. Prior: 1911
c 116 § 6; RRS § 9095.]
35.17.100
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
35.17.105 Clerk may take acknowledgments. The
clerk or deputy clerk of any city having a commission form of
government shall, without charge, take acknowledgments
and administer oaths required by law on all claims and
demands against the city. [1965 c 7 § 35.17.105.]
35.17.105
35.17.108 Salaries of mayor and commissioners. The
annual salaries of the mayor and the commissioners of any
city operating under a commission form of government shall
35.17.108
[Title 35 RCW—page 53]
35.17.120
Title 35 RCW: Cities and Towns
be as fixed by charter or ordinance of said city. The power
and authority conferred by this section shall be construed as
in addition and supplemental to powers or authority conferred by any other law, and nothing contained herein shall be
construed as limiting any other powers or authority of any
such city. [1967 c 100 § 1.]
vote of at least two members shall be necessary to adopt any
motion, resolution, ordinance, or course of action.
Every measure shall be reduced to writing and read
before the vote is taken and upon every vote the yeas and
nays shall be called and recorded. [1965 c 7 § 35.17.180.
Prior: 1911 c 116 § 10, part; RRS § 9099, part.]
35.17.120 Officers and employees—Salaries and
wages. All appointive officers and employees shall receive
such compensation as the commission shall fix by ordinance,
payable monthly or at such shorter periods as the commission
may determine. [1965 c 7 § 35.17.120. Prior: 1943 c 25 § 4,
part; 1911 c 116 § 14, part; Rem. Supp. 1943 § 9103, part.]
35.17.190 Legislative ordinances and resolutions.
Every resolution and ordinance adopted by the commission
shall be signed by the mayor or by two members of the commission and filed and recorded within five days of its passage. The mayor shall have no veto power. [1965 c 7 §
35.17.190. Prior: 1911 c 116 § 10, part; RRS § 9099, part.]
35.17.120
35.17.190
35.17.200 Legislative—Appropriations of money.
No money shall be appropriated except by ordinance and
every such ordinance complete in the form in which it is
finally passed shall remain on file with the city clerk for public inspection at least one week before final passage. [1965 c
7 § 35.17.200. Prior: 1911 c 116 § 16, part; RRS § 9105,
part.]
35.17.200
35.17.130 Officers and employees—Creation—
Removal—Changes in compensation. The commission
shall have power from time to time to create, fill and discontinue offices and employments other than those herein prescribed, according to their judgment of the needs of the city;
and may, by majority vote of all the members, remove any
such officer or employees, except as otherwise provided for
in this chapter; and may by resolution, or otherwise, prescribe, limit or change the compensation of such officers or
employees. [1965 c 7 § 35.17.130. Prior: 1911 c 116 § 13;
RRS § 9102.]
35.17.130
35.17.150 Officers and employees—Passes, free services prohibited, exceptions—Penalty. No officer or
employee, elected or appointed, shall receive from any enterprise operating under a public franchise any frank, free ticket,
or free service or receive any service upon terms more favorable than are granted to the public generally: PROVIDED,
That the provisions of this section shall not apply to free
transportation furnished to police officers and firefighters in
uniform nor to free service to city officials provided for in the
franchise itself.
Any violation of the provisions of this section shall be a
misdemeanor. [2009 c 549 § 2017; 1965 c 7 § 35.17.150.
Prior: 1961 c 268 § 11; prior: 1911 c 116 § 17, part; RRS §
9106, part.]
35.17.150
35.17.170 Financial statements—Monthly—Annual.
The commission shall each month print in pamphlet form a
detailed itemized statement of all receipts and expenses of the
city and a summary of its proceedings during the preceding
month and furnish copies thereof to the state library, the city
library, the newspapers of the city, and to persons who apply
therefor at the office of the city clerk. At the end of each year
the commission shall cause a complete examination of all the
books and accounts of the city to be made by competent
accountants and shall publish the result of such examination
to be made in the manner above provided for publication of
statements of monthly expenditures. [1965 c 7 § 35.17.170.
Prior: 1911 c 116 § 18; RRS § 9107.]
35.17.170
35.17.180 Legislative power—How exercised. Each
member of the commission shall have the right to vote on all
questions coming before the commission. Two members of
the commission shall constitute a quorum and the affirmative
35.17.180
[Title 35 RCW—page 54]
35.17.210 Legislative—Street improvements. Every
ordinance or resolution ordering any street improvement or
sewer complete in the form in which it is finally passed shall
remain on file with the city clerk for public inspection at least
one week before final passage. [1965 c 7 § 35.17.210. Prior:
1911 c 116 § 16, part; RRS § 9105, part.]
35.17.210
35.17.220 Legislative—Franchises—Referendum.
No franchise or right to occupy or use the streets, highways,
bridges or other public places shall be granted, renewed, or
extended except by ordinance and every such ordinance complete in the form in which it is finally passed shall remain on
file with the city clerk for at least one week before final passage and if the franchise or grant is for interurban or street
railways, gas or water works, electric light or power plants,
heating plants, telegraph or telephone systems or other public
service utilities, the ordinance must be submitted to a vote of
the people at a general or special election and approved by a
majority of those voting thereon. [1965 c 7 § 35.17.220.
Prior: 1911 c 116 § 16, part; RRS § 9105, part.]
35.17.220
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.17.230 Legislative—Ordinances—Time of going
into effect. Ordinances shall not go into effect before thirty
days from the time of final passage and are subject to referendum during the interim except:
(1) Ordinances initiated by petition;
(2) Ordinances necessary for immediate preservation of
public peace, health, and safety which contain a statement of
urgency and are passed by unanimous vote of all the commissioners;
(3) Ordinances providing for local improvement districts. [1965 c 7 § 35.17.230. Prior: (i) 1911 c 116 § 22, part;
RRS § 9111, part. (ii) 1911 c 116 § 21, part; RRS § 9110,
part.]
35.17.230
35.17.240 Legislative—Referendum—Filing suspends ordinance. Upon the filing of a referendum petition
35.17.240
(2010 Ed.)
Commission Form of Government
praying therefor, the commission shall reconsider an ordinance subject to referendum and upon reconsideration shall
defeat it in its entirety or shall submit it to a vote of the people. The operation of an ordinance so protested against shall
be suspended until the referendum petition is finally found
insufficient or until the ordinance protested against has
received a majority of the votes cast thereon at the election.
[1965 c 7 § 35.17.240. Prior: 1911 c 116 § 22, part; RRS §
9111, part.]
35.17.250 Legislative—Referendum—Petitions and
conduct of elections. All provisions applicable to the character, form, and number of signatures required for an initiative petition, to the examination and certification thereof, and
to the submission to the vote of the people of the ordinance
proposed thereby, shall apply to a referendum petition and to
the ordinance sought to be defeated thereby. [1965 c 7 §
35.17.250. Prior: 1911 c 116 § 22, part; RRS § 9111, part.]
35.17.250
35.17.260 Legislative—Ordinances by initiative petition. Ordinances may be initiated by petition of registered
voters of the city filed with the commission. If the petition
accompanying the proposed ordinance is signed by the registered voters in the city equal in number to twenty-five percent
of the votes cast for all candidates for mayor at the last preceding city election, and if it contains a request that, unless
passed by the commission, the ordinance be submitted to a
vote of the registered voters of the city, the commission shall
either:
(1) Pass the proposed ordinance without alteration
within twenty days after the county auditor’s certificate of
sufficiency has been received by the commission; or
(2) Immediately after the county auditor’s certificate of
sufficiency for the petition is received, cause to be called a
special election to be held on the next election date, as provided in *RCW 29.13.020, that occurs not less than forty-five
days thereafter, for submission of the proposed ordinance
without alteration, to a vote of the people unless a general
election will occur within ninety days, in which event submission must be made on the general election ballot. [1996 c
286 § 4; 1965 c 7 § 35.17.260. Prior: 1911 c 116 § 21, part;
RRS § 9110, part.]
35.17.260
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.17.270 Legislative—Initiative petition—Submission procedures. The petitioner preparing an initiative petition for submission to the commission shall follow the procedures established in RCW 35.21.005. [1996 c 286 § 5; 1965
c 7 § 35.17.270. Prior: (i) 1911 c 116 § 21, part; RRS § 9110,
part. (ii) 1911 c 116 § 20, part; RRS § 9109, part. (iii) 1911 c
116 § 24; RRS § 9113.]
35.17.270
35.17.280 Legislative—Initiative petition—Checking
by clerk. Within ten days from the filing of a petition submitting a proposed ordinance the city clerk shall ascertain
and append to the petition his or her certificate stating
whether or not it is signed by a sufficient number of registered voters, using the registration records and returns of the
preceding municipal election for his or her sources of infor35.17.280
(2010 Ed.)
35.17.340
mation, and the commission shall allow him or her extra help
for that purpose, if necessary. If the signatures are found by
the clerk to be insufficient the petition may be amended in
that respect within ten days from the date of the certificate.
Within ten days after submission of the amended petition the
clerk shall make an examination thereof and append his or
her certificate thereto in the same manner as before. If the
second certificate shall also show the number of signatures to
be insufficient, the petition shall be returned to the person filing it. [2009 c 549 § 2018; 1965 c 7 § 35.17.280. Prior: (i)
1911 c 116 § 20, part; RRS § 9109, part. (ii) 1911 c 116 § 21,
part; RRS § 9110, part.]
35.17.290 Legislative—Initiative petition—Appeal to
court. If the clerk finds the petition insufficient or if the
commission refuses either to pass an initiative ordinance or
order an election thereon, any taxpayer may commence an
action in the superior court against the city and procure a
decree ordering an election to be held in the city for the purpose of voting upon the proposed ordinance if the court finds
the petition to be sufficient. [1965 c 7 § 35.17.290. Prior: (i)
1911 c 116 § 20, part; RRS § 9109, part. (ii) 1911 c 116 § 21,
part; RRS § 9110, part.]
35.17.290
35.17.300 Legislative—Initiative—Conduct of election. Publication of notice, the election, the canvass of the
returns and declaration of the results, shall be conducted in all
respects as are other city elections. Any number of proposed
ordinances may be voted on at the same election, but there
shall not be more than one special election for that purpose
during any one six-month period. [1965 c 7 § 35.17.300.
Prior: (i) 1911 c 116 § 20, part; RRS § 9109, part. (ii) 1911 c
116 § 21, part; RRS § 9110, part.]
35.17.300
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
35.17.310 Legislative—Initiative—Notice of election.
The city clerk shall cause any ordinance or proposition
required to be submitted to the voters at an election to be published once in each of the daily newspapers in the city not less
than five nor more than twenty days before the election, or if
no daily newspaper is published in the city, publication shall
be made in each of the weekly newspapers published therein.
This publication shall be in addition to the notice required in
*chapter 29.27 RCW. [1965 c 7 § 35.17.310. Prior: 1911 c
116 § 21, part; RRS § 9110, part.]
35.17.310
*Reviser’s note: RCW 29.27.0665, containing ballot title notice
requirements, has been recodified as RCW 29A.36.080 pursuant to 2003 c
111 § 2401, effective July 1, 2004.
35.17.330 Legislative—Initiative—Effective date—
Record. If the number of votes cast thereon favor the proposed ordinance, it shall become effective immediately and
shall be made a part of the record of ordinances of the city.
[1965 c 7 § 35.17.330. Prior: 1911 c 116 § 21, part; RRS §
9110, part.]
35.17.330
35.17.340 Legislative—Initiative—Repeal or amendment. Upon the adoption of an ordinance initiated by petition, the city clerk shall write on the margin of the record
35.17.340
[Title 35 RCW—page 55]
35.17.350
Title 35 RCW: Cities and Towns
thereof "ordinance by petition No. . . . .," or "ordinance by
vote of the people," and it cannot be repealed or amended
except by a vote of the people. [1965 c 7 § 35.17.340. Prior:
1911 c 116 § 21, part; RRS § 9110, part.]
tions. If a majority of the votes cast are in favor thereof the
city shall proceed to elect a mayor and two commissioners.
[1965 c 7 § 35.17.390. Prior: 1911 c 116 § 2, part; RRS §
9091, part.]
Canvassing returns, generally: Chapter 29A.60 RCW.
35.17.350 Legislative—Initiative—Repeal or amendment—Method. The commission may by means of an ordinance submit a proposition for the repeal or amendment of an
ordinance, initiated by petition, by submitting it to a vote of
the people at any general election and if a majority of the
votes cast upon the proposition favor it, the ordinance shall
be repealed or amended accordingly.
A proposition of repeal or amendment must be published
before the election thereon as is an ordinance initiated by
petition when submitted to election. [1965 c 7 § 35.17.350.
Prior: 1911 c 116 § 21, part; RRS § 9110, part.]
35.17.350
35.17.360 Legislative—Initiative—Repeal or amendment—Record. Upon the adoption of a proposition to repeal
or amend an ordinance initiated by petition, the city clerk
shall write upon the margin of the record of the ordinance
"repealed (or amended) by ordinance No. . . . .," or "repealed
(or amended) by vote of the people." [1965 c 7 § 35.17.360.
Prior: 1911 c 116 § 21, part; RRS § 9110, part.]
35.17.360
35.17.370 Organization on commission form—Eligibility—Census. Any city having a population of two thousand and less than thirty thousand may organize as a city
under the commission form of government. The requisite
population shall be determined by the last preceding state or
federal census or the council may cause a census to be taken
by one or more suitable persons, in which the full name of
each person in the city shall be plainly written, the names
alphabetically arranged and regularly numbered in a complete series, verified before an officer authorized to administer oaths and filed with the city clerk. [1965 c 7 § 35.17.370.
Prior: 1927 c 210 § 1; 1911 c 116 § 1; RRS § 9090.]
35.17.370
Census to be conducted in decennial periods: State Constitution Art. 2 § 3.
Determination of population: Chapter 43.62 RCW.
35.17.380 Organization—Petition. Upon petition of
electors in any city equal in number to twenty-five percent of
the votes cast for all candidates for mayor at the last preceding city election therein, the mayor by proclamation shall
cause to be submitted the question of organizing the city
under the commission form of government at a special election at a time specified therein and within sixty days after the
filing of the petition. If the plan is not adopted at the special
election called, it shall not be resubmitted to the voters of the
city for adoption within two years thereafter. [1965 c 7 §
35.17.380. Prior: 1911 c 116 § 2, part; RRS § 9091, part.]
35.17.380
Conduct of elections—Canvass: RCW 29A.60.010.
35.17.400 Organization—Election of officers—
Term. The first election of commissioners shall be held at
the next special election that occurs at least sixty days after
the election results are certified where the proposition to
organize under the commission form was approved by city
voters, and the commission first elected shall commence to
serve as soon as they have been elected and have qualified
and shall continue to serve until their successors have been
elected and qualified and have assumed office in accordance
with *RCW 29.04.170. The date of the second election for
commissioners shall be in accordance with *RCW 29.13.020
such that the term of the first commissioners will be as near
as possible to, but not in excess of, four years calculated from
the first day in January in the year after the year in which the
first commissioners were elected. [1994 c 223 § 11; 1979
ex.s. c 126 § 18; 1965 c 7 § 35.17.400. Prior: 1963 c 200 §
13; 1955 c 55 § 10; prior: 1943 c 25 § 1, part; 1911 c 116 §
3, part; Rem. Supp. 1943 § 9092, part.]
35.17.400
*Reviser’s note: RCW 29.04.170 and 29.13.020 were recodified as
RCW 29A.20.040 and 29A.04.330 pursuant to 2003 c 111 § 2401, effective
July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.17.410 Organization—Effect on ordinances—
Boundaries—Property. All bylaws, ordinances and resolutions in force when a city organizes under the commission
form shall remain in force until amended or repealed.
The boundaries of a city reorganized under the commission form shall not be changed thereby.
All rights and property vested in the city before reorganization under the commission form shall vest in the city as
reorganized and no right or liability either in favor of or
against it, existing at the time and no suit or prosecution shall
be affected by the change. [1965 c 7 § 35.17.410. Prior:
1911 c 116 § 4, part; RRS § 9093, part.]
35.17.410
35.17.420 Organization—Revision of appropriations. If, at the beginning of the term of office of the first
commission elected in a city organized under the commission
form, the appropriations for the expenditures of the city for
the current fiscal year have been made, the commission, by
ordinance, may revise them. [1965 c 7 § 35.17.420. Prior:
1911 c 116 § 19; RRS § 9108.]
35.17.420
35.17.430 Abandonment of commission form. Any
city which has operated under the commission form for more
than six years may again reorganize as a noncommission city
without changing its classification unless it desires to do so.
[1965 ex.s. c 47 § 3; 1965 c 7 § 35.17.430. Prior: 1911 c 116
§ 23, part; RRS § 9112, part.]
35.17.430
35.17.390 Organization—Ballots. The proposition on
the ballot shall be: "Shall the proposition to organize the city
of (name of city) under the commission form of government
be adopted?" followed by the words: "For organization as a
city under commission form" and "against organization as a
city under commission form." The election shall be conducted, the vote canvassed, and the result declared in the
same manner as provided by law in respect to other city elec35.17.390
[Title 35 RCW—page 56]
35.17.440 Abandonment—Method. Upon the filing of
a petition praying therefor, signed by not less than twenty35.17.440
(2010 Ed.)
Council-Manager Plan
five percent of the registered voters resident in the city, a special election shall be called at which the following proposition only shall be submitted: "Shall the city of (name of city)
abandon its organization as a city under the commission form
and become a city under the general laws governing cities of
like population?" [1965 c 7 § 35.17.440. Prior: 1911 c 116 §
23, part; RRS § 9112, part.]
35.17.450 Abandonment—Conduct of election—
Canvass. The sufficiency of the petition for the abandonment of the commission form of city government shall be
determined, the election ordered and conducted, the returns
canvassed and the results declared as required by the provisions applicable to the proceedings for the enactment of an
ordinance by initiative petition to the extent to which they are
appropriate. [1965 c 7 § 35.17.450. Prior: 1911 c 116 § 23,
part; RRS § 9112, part.]
35.17.450
35.17.460 Abandonment—Effect. If a majority of the
votes cast upon the proposition of abandoning the commission form of city government favor the proposition, the city
shall be reorganized under general laws immediately upon
the first election of city officers, which shall be held on the
date of the next general city election of cities of its class. The
change in form of government shall not affect the property,
rights, or liabilities of the city. [1965 c 7 § 35.17.460. Prior:
1911 c 116 § 23, part; RRS § 9112, part.]
35.17.460
Chapter 35.18
Chapter 35.18 RCW
COUNCIL-MANAGER PLAN
Sections
35.18.010
35.18.020
35.18.030
35.18.035
35.18.040
35.18.050
35.18.060
35.18.070
35.18.080
35.18.090
35.18.100
35.18.110
35.18.120
35.18.130
35.18.140
35.18.150
35.18.160
35.18.170
35.18.180
35.18.190
35.18.200
35.18.210
35.18.220
35.18.230
35.18.240
35.18.250
35.18.260
35.18.270
35.18.280
35.18.285
35.18.290
35.18.300
35.18.310
35.18.320
(2010 Ed.)
The council-manager plan.
Number of councilmembers—Wards, districts—Terms—
Vacancies.
Laws applicable to council-manager cities—Civil service.
Second-class cities, parking meter revenue for revenue bonds.
City manager—Qualifications.
City manager—Bond and oath.
City manager—Authority.
City manager—May serve two or more cities.
City manager—Creation of departments.
City manager—Department heads—Authority.
City manager—Appointment of subordinates—Qualifications—Terms.
City manager—Interference by councilmembers.
City manager—Removal—Resolution and notice.
City manager—Removal—Reply and hearing.
City manager—Substitute.
Council—Eligibility.
Council—Authority.
Council meetings.
Council—Ordinances—Recording.
Mayor—Election—Vacancy.
Mayor—Duties.
Mayor pro tempore.
Salaries.
Organization on council-manager plan—Eligibility.
Organization—Petition.
Organization—Election procedure.
Organization—Ballots.
Organization—Election of council, procedure.
Organization—Holding over by incumbent officials and
employees.
Organization—First council may revise budget.
Abandonment of council-manager plan.
Abandonment—Method.
Abandonment—Special election necessary.
Abandonment—Effect.
35.18.020
35.18.010
35.18.010 The council-manager plan. Under the
council-manager plan of city government, the councilmembers shall be the only elective officials. The council shall
appoint an officer whose title shall be "city manager" who
shall be the chief executive officer and head of the administrative branch of city or town government. The city manager
shall be responsible to the council for the proper administration of all affairs of the city or town. [2009 c 549 § 2019;
1965 c 7 § 35.18.010. Prior: 1955 c 337 § 2; prior: (i) 1943
c 271 § 8, part; Rem. Supp. 1943 § 9198-17, part. (ii) 1943 c
271 § 12, part; Rem. Supp. 1943 § 9198-21, part. (iii) 1949 c
84 § 2, part; 1943 c 271 § 17, part; Rem. Supp. 1949 § 919826, part.]
35.18.020
35.18.020 Number of councilmembers—Wards, districts—Terms—Vacancies. (1) The number of councilmembers in a city or town operating with a council-manager plan of government shall be based upon the latest population of the city or town that is determined by the office of
financial management as follows:
(a) A city or town having not more than two thousand
inhabitants, five councilmembers; and
(b) A city or town having more than two thousand, seven
councilmembers.
(2) Except for the initial staggering of terms, councilmembers shall serve for four-year terms of office. All
councilmembers shall serve until their successors are elected
and qualified and assume office in accordance with *RCW
29.04.170. Councilmembers may be elected on a citywide or
townwide basis, or from wards or districts, or any combination of these alternatives. Candidates shall run for specific
positions. Wards or districts shall be redrawn as provided in
**chapter 29.70 RCW. Wards or districts shall be used as follows: (a) Only a resident of the ward or district may be a candidate for, or hold office as, a councilmember of the ward or
district; and (b) only voters of the ward or district may vote at
a primary to nominate candidates for a councilmember of the
ward or district. Voters of the entire city or town may vote at
the general election to elect a councilmember of a ward or
district, unless the city or town had prior to January 1, 1994,
limited the voting in the general election for any or all council
positions to only voters residing within the ward or district
associated with the council positions. If a city or town had so
limited the voting in the general election to only voters residing within the ward or district, then the city or town shall be
authorized to continue to do so.
(3) When a city or town has qualified for an increase in
the number of councilmembers from five to seven by virtue
of the next succeeding population determination made by the
office of financial management, two additional council positions shall be filled at the next municipal general election
with the person elected to one of the new council positions
receiving the greatest number of votes being elected for a
four-year term of office and the person elected to the other
additional council position being elected for a two-year term
of office. The two additional councilmembers shall assume
office immediately when qualified in accordance with *RCW
29.01.135, but the term of office shall be computed from the
first day of January after the year in which they are elected.
Their successors shall be elected to four-year terms of office.
[Title 35 RCW—page 57]
35.18.030
Title 35 RCW: Cities and Towns
Prior to the election of the two new councilmembers, the
city or town council shall fill the additional positions by
appointment not later than forty-five days following the
release of the population determination, and each appointee
shall hold office only until the new position is filled by election.
(4) When a city or town has qualified for a decrease in
the number of councilmembers from seven to five by virtue
of the next succeeding population determination made by the
office of financial management, two council positions shall
be eliminated at the next municipal general election if four
council positions normally would be filled at that election, or
one council position shall be eliminated at each of the next
two succeeding municipal general elections if three council
positions normally would be filled at the first municipal general election after the population determination. The council
shall by ordinance indicate which, if any, of the remaining
positions shall be elected at-large or from wards or districts.
(5) Vacancies on a council shall occur and shall be filled
as provided in chapter 42.12 RCW. [1994 c 223 § 12; 1981 c
260 § 7. Prior: 1979 ex.s. c 126 § 19; 1979 c 151 § 26; 1956
c 7 § 35.18.020; prior: 1959 c 76 § 1; 1955 c 337 § 3; prior:
(i) 1943 c 271 § 6; Rem. Supp. 1943 § 9198-15. (ii) 1943 c
271 § 4, part; Rem. Supp. 1943 § 9198-13, part.]
Reviser’s note: *(1) RCW 29.04.170 and 29.01.135 were recodified as
RCW 29A.20.040 and 29A.04.133, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004.
**(2) Chapter 29.70 RCW was recodified as chapter 29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Population determinations, office of financial management: Chapter 43.62
RCW.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.18.030 Laws applicable to council-manager cities—Civil service. A city or town organized under the council-manager plan shall have all the powers which cities of its
class have and shall be governed by the statutes applicable to
such cities to the extent to which they are appropriate and not
in conflict with the provisions specifically applicable to cities
organized under the council-manager plan.
Any city adopting a council-manager form of government may adopt any system of civil service which would be
available to it under any other form of city government. Any
state law relative to civil service in cities of the class of a city
under the council-manager type of government shall be applicable thereto. [1965 c 7 § 35.18.030. Prior: (i) 1949 c 84 § 4;
Rem. Supp. 1949 § 9198-33. (ii) 1943 c 271 § 10, part; Rem.
Supp. 1943 § 9198-19, part. (iii) 1943 c 271 § 21; Rem. Supp.
1943 § 9198-30.]
35.18.030
35.18.035 Second-class cities, parking meter revenue
for revenue bonds. See RCW 35.23.454.
35.18.035
35.18.040 City manager—Qualifications. The city
manager need not be a resident. He or she shall be chosen by
the council solely on the basis of his or her executive and
administrative qualifications with special reference to his or
her actual experience in, or his or her knowledge of, accepted
practice in respect to the duties of his or her office. No person
elected to membership on the council shall be eligible for
35.18.040
[Title 35 RCW—page 58]
appointment as city manager until one year has elapsed following the expiration of the term for which he or she was
elected. [2009 c 549 § 2020; 1965 c 7 § 35.18.040. Prior:
1955 c 337 § 4; prior: (i) 1949 c 84 § 2, part; 1943 c 271 §
17, part; Rem. Supp. 1949 § 9198-26, part. (ii) 1943 c 271 §
12, part; Rem. Supp. 1943 § 9198-21, part.]
35.18.050 City manager—Bond and oath. Before
entering upon the duties of his or her office the city manager
shall take the official oath for the support of the government
and the faithful performance of his or her duties and shall
execute and file with the clerk of the council a bond in favor
of the city or town in such sum as may be fixed by the council. [2009 c 549 § 2021; 1965 c 7 § 35.18.050. Prior: 1955
c 337 § 5; prior: 1943 c 271 § 12, part; Rem. Supp. 1943 §
9198-21, part.]
35.18.050
35.18.060 City manager—Authority. The powers and
duties of the city manager shall be:
(1) To have general supervision over the administrative
affairs of the municipality;
(2) To appoint and remove at any time all department
heads, officers, and employees of the city or town, except
members of the council, and subject to the provisions of any
applicable law, rule, or regulation relating to civil service:
PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council, of
the city planning commission, and other advisory citizens’
committees, commissions and boards advisory to the city
council: PROVIDED FURTHER, That the city manager
shall appoint the municipal judge to a term of four years, subject to confirmation by the council. The municipal judge may
be removed only on conviction of malfeasance or misconduct
in office, or because of physical or mental disability rendering him or her incapable of performing the duties of his or her
office. The council may cause an audit to be made of any
department or office of the city or town government and may
select the persons to make it, without the advice or consent of
the city manager;
(3) To attend all meetings of the council at which his or
her attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant
the mayor to maintain law and order in times of emergency;
(5) To recommend for adoption by the council such measures as he or she may deem necessary or expedient;
(6) To prepare and submit to the council such reports as
may be required by that body or as he or she may deem it
advisable to submit;
(7) To keep the council fully advised of the financial
condition of the city or town and its future needs;
(8) To prepare and submit to the council a tentative budget for the fiscal year;
(9) To perform such other duties as the council may
determine by ordinance or resolution. [2009 c 549 § 2022;
1987 c 3 § 5; 1965 ex.s. c 116 § 1; 1965 c 7 § 35.18.060.
Prior: 1955 c 337 § 6; prior: (i) 1949 c 84 § 2, part; 1943 c
271 § 17, part; Rem. Supp. 1949 § 9198-26, part. (ii) 1949 c
84 § 1; 1943 c 271 § 15; Rem. Supp. 1949 § 9198-24. (iii)
35.18.060
(2010 Ed.)
Council-Manager Plan
1949 c 84 § 3, part; 1943 c 271 § 18, part; Rem. Supp. 1949
§ 9198-27, part.]
Additional notes found at www.leg.wa.gov
35.18.160
officers and employees and city affairs. [2009 c 549 § 2025;
1965 c 7 § 35.18.110. Prior: 1955 c 337 § 14; prior: 1943 c
271 § 19, part; Rem. Supp. 1943 § 9198-28, part.]
35.18.080 City manager—Creation of departments.
On recommendation of the city manager, the council may
create such departments, offices and employments as may be
found necessary and may determine the powers and duties of
each department or office. [1965 c 7 § 35.18.080. Prior:
1943 c 271 § 16; Rem. Supp. 1943 § 9198-25.]
35.18.120 City manager—Removal—Resolution and
notice. The city manager shall be appointed for an indefinite
term and may be removed by a majority vote of the council.
At least thirty days before the effective date of his or her
removal, the city manager must be furnished with a formal
statement in the form of a resolution passed by a majority
vote of the city council stating the council’s intention to
remove him or her and the reasons therefor. Upon passage of
the resolution stating the council’s intention to remove the
manager, the council by a similar vote may suspend him or
her from duty, but his or her pay shall continue until his or her
removal becomes effective. [2009 c 549 § 2026; 1965 c 7 §
35.18.120. Prior: 1955 c 337 § 17; prior: 1943 c 271 § 14,
part; Rem. Supp. 1943 § 9198-23, part.]
35.18.090 City manager—Department heads—
Authority. The city manager may authorize the head of a
department or office responsible to him or her to appoint and
remove subordinates in such department or office. Any
officer or employee who may be appointed by the city manager, or by the head of a department or office, except one who
holds his or her position subject to civil service, may be
removed by the manager or other such appointing officer at
any time. Subject to the provisions of RCW 35.18.060, the
decision of the manager or other appointing officer, shall be
final and there shall be no appeal therefrom to any other
office, body, or court whatsoever. [2009 c 549 § 2024; 1965
c 7 § 35.18.090. Prior: 1955 c 337 § 7; prior: (i) 1949 c 84
§ 2, part; 1943 c 271 § 17, part; Rem. Supp. 1949 § 9198-26,
part. (ii) 1949 c 84 § 3, part; 1943 c 271 § 18, part; Rem.
Supp. 1949 § 9198-27, part.]
35.18.130 City manager—Removal—Reply and
hearing. The city manager may, within thirty days from the
date of service upon him or her of a copy thereof, reply in
writing to the resolution stating the council’s intention to
remove him or her. In the event no reply is timely filed, the
resolution shall upon the thirty-first day from the date of such
service, constitute the final resolution removing the manager,
and his or her services shall terminate upon that day. If a
reply shall be timely filed with its clerk, the council shall fix
a time for a public hearing upon the question of the manager’s removal and a final resolution removing the manager
shall not be adopted until a public hearing has been had. The
action of the council in removing the manager shall be final.
[2009 c 549 § 2027; 1965 c 7 § 35.18.130. Prior: 1955 c 337
§ 18; prior: 1943 c 271 § 14, part; Rem. Supp. 1943 § 919823, part.]
35.18.100 City manager—Appointment of subordinates—Qualifications—Terms. Appointments made by or
under the authority of the city manager shall be on the basis
of executive and administrative ability and of the training and
experience of the appointees in the work which they are to
perform. Residence within the city or town shall not be a
requirement. All such appointments shall be without definite
term. [1965 c 7 § 35.18.100. Prior: 1955 c 337 § 8; prior:
1949 c 84 § 2, part; 1943 c 271 § 17, part; Rem. Supp. 1949
§ 9198-26, part.]
35.18.140 City manager—Substitute. The council
may designate a qualified administrative officer of the city or
town to perform the duties of manager:
(1) Upon the adoption of the council-manager plan,
pending the selection and appointment of a manager; or
(2) Upon the termination of the services of a manager,
pending the selection and appointment of a new manager; or
(3) During the absence, disability, or suspension of the
manager. [1965 c 7 § 35.18.140. Prior: 1955 c 337 § 19;
prior: 1943 c 271 § 14, part; Rem. Supp. 1943 § 9198-23,
part.]
35.18.070 City manager—May serve two or more cities. Whether the city manager shall devote his or her full
time to the affairs of one city or town shall be determined by
the council. A city manager may serve two or more cities or
towns in that capacity at the same time. [2009 c 549 § 2023;
1965 c 7 § 35.18.070. Prior: 1943 c 271 § 13; Rem. Supp.
1943 § 9198-22.]
35.18.070
35.18.080
35.18.090
35.18.120
35.18.130
35.18.140
35.18.100
35.18.110 City manager—Interference by councilmembers. Neither the council, nor any of its committees
or members shall direct or request the appointment of any
person to, or his or her removal from, office by the city manager or any of his or her subordinates. Except for the purpose
of inquiry, the council and its members shall deal with the
administrative service solely through the manager and neither
the council nor any committee or member thereof shall give
orders to any subordinate of the city manager, either publicly
or privately: PROVIDED, HOWEVER, That nothing herein
shall be construed to prohibit the council, while in open session, from fully and freely discussing with the city manager
anything pertaining to appointments and removals of city
35.18.110
(2010 Ed.)
35.18.150 Council—Eligibility. Only a qualified elector of the city or town may be a member of the council and
upon ceasing to be such, or upon being convicted of a crime
involving moral turpitude, or of violating the provisions of
RCW 35.18.110, he or she shall immediately forfeit his or her
office. [2009 c 549 § 2028; 1965 c 7 § 35.18.150. Prior:
1955 c 337 § 15; prior: (i) 1943 c 271 § 19, part; Rem. Supp.
1943 § 9198-28, part. (ii) 1943 c 271 § 9, part; Rem. Supp.
1943 § 9198-18, part.]
35.18.150
35.18.160 Council—Authority. The council shall have
all of the powers which inhere in the city or town not reserved
35.18.160
[Title 35 RCW—page 59]
35.18.170
Title 35 RCW: Cities and Towns
to the people or vested in the city manager, including but not
restricted to the authority to adopt ordinances and resolutions.
[1965 c 7 § 35.18.160. Prior: (i) 1943 c 271 § 9, part; Rem.
Supp. 1943 § 9198-18, part. (ii) 1943 c 271 § 10, part; Rem.
Supp. 1943 § 9198-19, part.]
35.18.170 Council meetings. The council shall meet at
the times and places fixed by ordinance but must hold at least
one regular meeting each month. The clerk shall call special
meetings of the council upon request of the mayor or any two
members. At all meetings of the city council, a majority of
the councilmembers shall constitute a quorum for the transaction of business, but a less number may adjourn from time to
time and may compel the attendance of absent members in
such manner and under such penalties as may be prescribed
by ordinance. Requests for special meetings shall state the
subject to be considered and no other subject shall be considered at a special meeting.
All meetings of the council and of committees thereof
shall be open to the public and the rules of the council shall
provide that citizens of the city or town shall have a reasonable opportunity to be heard at any meetings in regard to any
matter being considered thereat. [2009 c 549 § 2029; 1965 c
7 § 35.18.170. Prior: 1955 c 337 § 20; prior: 1943 c 271 §
7; Rem. Supp. 1943 § 9198-16.]
35.18.210 Mayor pro tempore. In case of the mayor’s
absence, a mayor pro tempore selected by the members of the
council from among their number shall act as mayor during
the continuance of the absence. [1969 c 101 § 2; 1965 c 7 §
35.18.210. Prior: 1955 c 337 § 11; prior: 1943 c 271 § 8,
part; Rem. Supp. 1943 § 9198-17, part.]
35.18.210
35.18.170
35.18.180 Council—Ordinances—Recording. No
ordinance, resolution, or order, including those granting a
franchise or valuable privilege, shall have any validity or
effect unless passed by the affirmative vote of at least a
majority of the members of the city or town council. Every
ordinance or resolution adopted shall be signed by the mayor
or two members, filed with the clerk within two days and by
him or her recorded. [2009 c 549 § 2030; 1965 c 7 §
35.18.180. Prior: 1959 c 76 § 3; 1943 c 271 § 11; Rem.
Supp. 1943 § 9198-20.]
35.18.180
35.18.190 Mayor—Election—Vacancy. Biennially at
the first meeting of the new council the members thereof shall
choose a chair from among their number who shall have the
title of mayor. In addition to the powers conferred upon him
or her as mayor, he or she shall continue to have all the rights,
privileges and immunities of a member of the council. If a
vacancy occurs in the office of mayor, the members of the
council at their next regular meeting shall select a mayor
from among their number for the unexpired term. [2009 c
549 § 2031; 1969 c 101 § 1; 1965 c 7 § 35.18.190. Prior:
1955 c 337 § 9; prior: 1943 c 271 § 8, part; Rem. Supp. 1943
§ 9198-17, part.]
35.18.190
35.18.200 Mayor—Duties. The mayor shall preside at
meetings of the council, and be recognized as the head of the
city or town for all ceremonial purposes and by the governor
for purposes of military law.
He or she shall have no regular administrative duties, but
in time of public danger or emergency, if so authorized by the
council, shall take command of the police, maintain law, and
enforce order. [2009 c 549 § 2032; 1965 c 7 § 35.18.200.
Prior: 1955 c 337 § 10; prior: 1943 c 271 § 8, part; Rem.
Supp. 1943 § 9198-17, part.]
35.18.200
[Title 35 RCW—page 60]
35.18.220 Salaries. Each member of the council shall
receive such compensation as may be provided by law to cities of the class to which it belongs. The city manager and
other officers or assistants shall receive such salary or compensation as the council shall fix by ordinance and shall be
payable at such times as the council may determine. [1965 c
7 § 35.18.220. Prior: (i) 1943 c 271 § 9, part; Rem. Supp.
1943 § 9198-18, part. (ii) 1943 c 271 § 20; Rem. Supp. 1943
§ 9198-29.]
35.18.220
35.18.230 Organization on council-manager plan—
Eligibility. Any city or town having a population of less than
thirty thousand may be organized as a council-manager city
or town under this chapter. [1965 c 7 § 35.18.230. Prior:
1959 c 76 § 2; 1943 c 271 § 1; Rem. Supp. 1943 § 9198-10.]
35.18.230
35.18.240 Organization—Petition. Petitions to reorganize a city or town on the council-manager plan must be
signed by registered voters resident therein equal in number
to at least twenty percent of the votes cast for all candidates
for mayor at the last preceding municipal election. In addition
to the signature and residence addresses of the petitioners
thereon, a petition must contain an affidavit stating the number of signers thereon at the time the affidavit is made.
Petitions containing the required number of signatures
shall be accepted by the city or town clerk as prima facie
valid until their invalidity has been proved.
A variation on such petitions between the signatures on
the petition and that on the voter’s permanent registration
caused by the substitution of initials instead of the first or
middle names or both shall not invalidate the signature on the
petition if the surname and handwriting are the same. Signatures, including the original, of any voter who has signed
such petitions two or more times shall be stricken. [1965 c 7
§ 35.18.240. Prior: 1955 c 337 § 22; prior: (i) 1943 c 271 §
2, part; Rem. Supp. 1943 § 9198-11, part. (ii) 1943 c 271 § 5;
Rem. Supp. 1943 § 9198-14.]
35.18.240
35.18.250 Organization—Election procedure. Upon
the filing of a petition for the adoption of the council-manager plan of government, or upon resolution of the council to
that effect, the mayor, only after the petition has been found
to be valid, by proclamation issued within ten days after the
filing of the petition or the resolution with the clerk, shall
cause the question to be submitted at a special election to be
held at a time specified in the proclamation, which shall be as
soon as possible after the sufficiency of the petition has been
determined or after the said resolution of the council has been
enacted, but in no event shall said special election be held
during the ninety day period immediately preceding any regular municipal election therein. All acts necessary to hold this
election, including legal notice, jurisdiction and canvassing
of returns, shall be conducted in accordance with existing
35.18.250
(2010 Ed.)
Council-Manager Plan
law. [1965 c 7 § 35.18.250. Prior: 1959 c 76 § 4; 1955 c 337
§ 23; prior: 1943 c 271 § 2, part; Rem. Supp. 1943 § 919811, part.]
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.18.260 Organization—Ballots. At the election for
organization on the council-manager plan, the proposition on
the ballots shall be: "Shall the city (or town) of . . . . . . adopt
the council-manager plan of municipal government?" followed by the words:
"For organization as a council-manager city or town
. . . ."
"Against organization as a council-manager city or town
. . . ."
The election shall be conducted, the vote canvassed and
the results declared in the same manner as provided by law in
respect to other municipal elections. [1965 c 7 § 35.18.260.
Prior: 1943 c 271 § 3; Rem. Supp. 1943 § 9198-12.]
35.18.260
35.18.270 Organization—Election of council, procedure. If the majority of the votes cast at a special election for
organization on the council-manager plan favor the plan, the
city or town shall elect the council required under the council-manager plan in number according to its population at the
next municipal general election. However, special elections
shall be held to nominate and elect the new city councilmembers at the next primary and general election held in an evennumbered year if the next municipal general election is more
than one year after the date of the election at which the voters
approved the council-manager plan. The staggering of terms
of office shall occur at the election when the new councilmembers are elected, where the simple majority of the persons elected as councilmembers receiving the greatest numbers of votes shall be elected to four-year terms of office if
the election is held in an odd-numbered year, or three-year
terms of office if the election is held in an even-numbered
year, and the remainder of the persons elected as councilmembers shall be elected to two-year terms of office if the
election is held in an odd-numbered year, or one-year terms
of office if the election is held in an even-numbered year. The
initial councilmembers shall take office immediately when
they are elected and qualified, but the lengths of their terms of
office shall be calculated from the first day in January in the
year following the election. [1994 c 223 § 13; 1979 ex.s. c
126 § 20; 1965 c 7 § 35.18.270. Prior: 1959 c 76 § 5; 1955 c
337 § 12; prior: (i) 1943 c 271 § 8, part; Rem. Supp. 1943 §
9198-17, part. (ii) 1943 c 271 § 4, part; Rem. Supp. 1943 §
9198-13, part.]
35.18.270
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.18.280 Organization—Holding over by incumbent officials and employees. Councilmembers shall take
office at the times provided by RCW 35.18.270 as now or
hereafter amended. The other city officials and employees
who are incumbent at the time the council-manager plan
takes effect shall hold office until their successors have been
selected in accordance with the provisions of this chapter.
35.18.280
(2010 Ed.)
35.18.320
[2009 c 549 § 2033; 1965 c 7 § 35.18.280. Prior: 1943 c 271
§ 8, part; Rem. Supp. 1943 § 9198-17, part.]
35.18.285
35.18.285 Organization—First council may revise
budget. If, at the beginning of the term of office of the first
council elected in a city organized under the council-manager
plan, the appropriations for the expenditures of the city for
the current fiscal year have been made, the council, by ordinance, may revise them but may not exceed the total appropriations for expenditures already specified in the budget for
the year. [1965 c 7 § 35.18.285. Prior: 1955 c 337 § 24.]
35.18.290
35.18.290 Abandonment of council-manager plan.
Any city or town which has operated under the council-manager plan for more than six years may abandon such organization and accept the provisions of the general laws then
applicable to municipalities upon the petition of not less than
twenty percent of the registered voters therein, without
changing its classification unless it desires to do so. [1965
ex.s. c 47 § 4; 1965 c 7 § 35.18.290. Prior: 1943 c 271 § 22,
part; Rem. Supp. 1943 § 9198-31, part.]
35.18.300
35.18.300 Abandonment—Method. The sufficiency
of the petition for abandonment of the council-manager form
of government shall be determined, the election ordered and
conducted, and the results declared generally as provided for
the procedure for reorganizing under the council-manager
plan so far as those provisions are applicable. [1965 c 7 §
35.18.300. Prior: 1943 c 271 § 23, part; Rem. Supp. 1943 §
9198-32, part.]
Organization on council-manager plan: RCW 35.18.240 through 35.18.285.
35.18.310
35.18.310 Abandonment—Special election necessary. The proposition to abandon the council-manager plan
must be voted on at a special election called for that purpose
at which the only proposition to be voted on shall be: "Shall
the city (or town) of . . . . . . abandon its organization under
the council-manager plan and become a city (or town) under
the general law governing cities (or towns) of . . . . . . class?"
[1965 c 7 § 35.18.310. Prior: 1943 c 271 § 22 part; Rem.
Supp. 1943 § 9198-31, part.]
35.18.320
35.18.320 Abandonment—Effect. If a majority of
votes cast at the special election favor the abandonment of the
council-manager form of government, the officers elected at
the next succeeding biennial election shall be those then prescribed for cities or towns of like class. Upon the qualification of such officers, the municipality shall again become
organized under the general laws of the state, but such change
shall not affect in any manner or degree the property, rights,
or liabilities of the corporation but shall merely extend to
such change in its form of government. [1965 c 7 §
35.18.320. Prior: 1943 c 271 § 23, part; Rem. Supp. 1943 §
9198-32, part.]
[Title 35 RCW—page 61]
Chapter 35.20
Chapter 35.20
Title 35 RCW: Cities and Towns
Chapter 35.20 RCW
MUNICIPAL COURTS—CITIES OVER
FOUR HUNDRED THOUSAND
Sections
35.20.010
35.20.020
35.20.030
35.20.090
35.20.100
35.20.105
35.20.110
35.20.120
35.20.131
35.20.140
35.20.150
35.20.155
35.20.160
35.20.170
35.20.175
35.20.180
35.20.190
35.20.200
35.20.205
35.20.210
35.20.220
35.20.230
35.20.240
35.20.250
35.20.255
35.20.258
35.20.260
35.20.270
Municipal court established—Termination of court—Agreement covering costs of handling resulting criminal cases—
Arbitration—Notice.
Sessions—Judges may act as magistrates—Night court.
Jurisdiction—Maximum penalties for criminal violations—
Review—Costs.
Trial by jury—Juror’s fees.
Departments of court—Jurisdiction and venue—Presiding
judge—Costs of election.
Court administrator.
Seal of court—Extent of process.
Expenses of court.
Director of traffic violations.
Monthly meeting of judges—Rules and regulations of court.
Election of judges—Vacancies.
Municipal court commissioners—Appointment, powers.
Judges’ salaries.
Qualifications of judges—Practice of law prohibited.
Judicial officers—Disqualification.
Judges’ oath of office, official bonds.
Additional judge.
Judges pro tempore.
Judicial officers—Hearing examiner.
Clerks of court.
Powers and duties of chief clerk—Remittance by city treasurer—Interest—Disposition.
Director of probation services—Probation officers—Bailiffs.
First judges—Transfer of equipment.
Concurrent jurisdiction with superior court and district court.
Deferral or suspension of sentences—Probation—Maximum
term—Transfer to another state.
Sentencing—Crimes against property—Criminal history
check.
Subpoenas—Witness fees.
Warrant officer—Position created—Authority—Service of
criminal and civil process—Jurisdiction—Costs.
City trial court improvement account—Contribution by city to
account—Use of funds.
Construction of other laws.
Severability—1969 ex.s. c 147.
result of the termination. The agreement shall provide for
periodic review and renewal of the terms of the agreement. If
the municipality and the county are unable to agree on the
terms for renewal of the agreement, they shall be deemed to
have entered into an agreement to submit the issue to arbitration under chapter 7.04A RCW. Pending conclusion of the
arbitration proceeding, the terms of the agreement shall
remain in effect. The municipality and the county have the
same rights and are subject to the same duties as other parties
who have agreed to submit to arbitration under chapter 7.04A
RCW.
(3) A city that has entered into an agreement for court
services with the county must provide written notice of the
intent to terminate the agreement to the county legislative
authority not less than one year prior to February 1st of the
year in which all district court judges are subject to election.
A city that terminates an agreement for court services to be
provided by a district court may terminate the agreement only
at the end of a four-year district court judicial term.
(4) A county that wishes to terminate an agreement with
a city for the provision of court services must provide written
notice of the intent to terminate the agreement to the city legislative authority not less than one year prior to the expiration
of the agreement. [2005 c 433 § 37; 2001 c 68 § 3; 1984 c
258 § 201; 1975 c 33 § 4; 1965 c 7 § 35.20.010. Prior: 1955
c 290 § 1.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Additional notes found at www.leg.wa.gov
Rights of accused: State Constitution Art. 1 § 22 (Amendment 10).
Rules for courts of limited jurisdiction: Volume 0.
35.20.020 Sessions—Judges may act as magistrates—Night court. The municipal court shall be always
open except on nonjudicial days. It shall hold regular and
special sessions at such times as may be prescribed by the
judges thereof. The judges shall have the power to act as
magistrates in accordance with the provisions of chapter
10.16 RCW. The legislative body of the city may by ordinance authorize a department of the municipal court to act as
a night court, and shall appropriate the necessary funds therefor. [1965 c 7 § 35.20.020. Prior: 1955 c 290 § 2.]
35.20.010 Municipal court established—Termination of court—Agreement covering costs of handling
resulting criminal cases—Arbitration—Notice. (1) There
is hereby created and established in each incorporated city of
this state having a population of more than four hundred
thousand inhabitants, as shown by the federal or state census,
whichever is the later, a municipal court, which shall be
styled "The Municipal Court of . . . . . . (name of city)," hereinafter designated and referred to as the municipal court,
which court shall have jurisdiction and shall exercise all the
powers by this chapter declared to be vested in such municipal court, together with such powers and jurisdiction as is
generally conferred in this state either by common law or
statute.
(2) A municipality operating a municipal court under this
section may terminate that court if the municipality has
reached an agreement with the county under chapter 39.34
RCW under which the county is to be paid a reasonable
amount for costs associated with prosecution, adjudication,
and sentencing in criminal cases filed in district court as a
35.20.030 Jurisdiction—Maximum penalties for
criminal violations—Review—Costs. The municipal court
shall have jurisdiction to try violations of all city ordinances
and all other actions brought to enforce or recover license
penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds and
issue execution thereon, to hear and determine all causes,
civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith: PROVIDED,
That for a violation of the criminal provisions of an ordinance
no greater punishment shall be imposed than a fine of five
thousand dollars or imprisonment in the city jail not to exceed
one year, or both such fine and imprisonment, but the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. All civil
and criminal proceedings in municipal court, and judgments
rendered therein, shall be subject to review in the superior
court by writ of review or on appeal: PROVIDED, That an
appeal from the court’s determination or order in a traffic
infraction proceeding may be taken only in accordance with
35.20.280
35.20.910
35.20.921
Rules of court: See Rules for Appeal of Decisions of Courts of Limited
Jurisdiction (RALJ).
Courts of limited jurisdiction: Title 3 RCW.
Courts of record: Title 2 RCW.
35.20.010
[Title 35 RCW—page 62]
35.20.020
35.20.030
(2010 Ed.)
Municipal Courts—Cities Over Four Hundred Thousand
RCW 46.63.090(5). Costs in civil and criminal cases may be
taxed as provided in district courts. A municipal court participating in the program established by the administrative
office of the courts pursuant to RCW 2.56.160 shall have
jurisdiction to take recognizance, approve bail, and arraign
defendants held within its jurisdiction on warrants issued by
any court of limited jurisdiction participating in the program.
[2005 c 282 § 41; 2000 c 111 § 7; 1993 c 83 § 3; 1984 c 258
§ 801; 1979 ex.s. c 136 § 23; 1965 c 7 § 35.20.030. Prior:
1955 c 290 § 3.]
Additional notes found at www.leg.wa.gov
35.20.090 Trial by jury—Juror’s fees. In all civil
cases and criminal cases where jurisdiction is concurrent with
district courts as provided in RCW 35.20.250, within the
jurisdiction of the municipal court, the plaintiff or defendant
may demand a jury, which shall consist of six citizens of the
state who shall be impaneled and sworn as in cases before
district courts, or the trial may be by a judge of the municipal
court: PROVIDED, That no jury trial may be held on a proceeding involving a traffic infraction. A defendant requesting
a jury shall pay to the court a fee which shall be the same as
that for a jury in district court. Where there is more than one
defendant in an action and one or more of them requests a
jury, only one jury fee shall be collected by the court. Each
juror may receive up to twenty-five dollars but in no case less
than ten dollars for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the
rate determined under RCW 43.03.060: PROVIDED, That
the compensation paid jurors shall be determined by the legislative authority of the city and shall be uniformly applied.
Trial by jury shall be allowed in criminal cases involving violations of city ordinances commencing January 1, 1972,
unless such incorporated city affected by this chapter has
made provision therefor prior to January 1, 1972. [1987 c
202 § 195; 1980 c 148 § 6. Prior: 1979 ex.s. c 136 § 24; 1979
ex.s. c 135 § 8; prior: 1977 ex.s. c 248 § 3; 1977 ex.s. c 53 §
3; 1969 ex.s. c 147 § 8; 1965 c 7 § 35.20.090; prior: 1955 c
290 § 9.]
35.20.090
Intent—1987 c 202: See note following RCW 2.04.190.
Additional notes found at www.leg.wa.gov
35.20.100 Departments of court—Jurisdiction and
venue—Presiding judge—Costs of election. There shall be
three departments of the municipal court, which shall be designated as Department Nos. 1, 2 and 3. However, when the
administration of justice and the accomplishment of the work
of the court make additional departments necessary, the legislative body of the city may create additional departments as
they are needed. The departments shall be established in such
places as may be provided by the legislative body of the city,
and each department shall be presided over by a municipal
judge. However, notwithstanding the priority of action rule,
for a defendant incarcerated at a jail facility outside the city
limits but within the county in which the city is located, the
city may, pursuant to an interlocal agreement under chapter
39.34 RCW, contract with the county to transfer jurisdiction
and venue over the defendant to a district court and to provide
all judicial services at the district court as would be provided
by a department of the municipal court. The judges shall
35.20.100
(2010 Ed.)
35.20.120
select, by majority vote, one of their number to act as presiding judge of the municipal court for a term of one year, and he
or she shall be responsible for administration of the court and
assignment of calendars to all departments. A change of
venue from one department of the municipal court to another
department shall be allowed in accordance with the provisions of RCW 3.66.090 in all civil and criminal proceedings.
The city shall assume the costs of the elections of the municipal judges in accordance with the provisions of *RCW
29.13.045. [1997 c 25 § 1; 1984 c 258 § 71; 1972 ex.s. c 32
§ 1; 1969 ex.s. c 147 § 1; 1967 c 241 § 2; 1965 c 7 §
35.20.100. Prior: 1955 c 290 § 10.]
*Reviser’s note: RCW 29.13.045 was recodified as RCW 29A.04.410
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Additional notes found at www.leg.wa.gov
35.20.105
35.20.105 Court administrator. There shall be a court
administrator of the municipal court appointed by the judges
of the municipal court, subject to confirmation by a majority
of the legislative body of the city, and removable by the
judges of the municipal court subject to like confirmation.
Before entering upon the duties of his or her office the court
administrator shall take and subscribe an oath the same as
required for officers of the city, and shall execute a penal
bond in such sum and with such sureties as the legislative
body of the city may direct and subject to their approval, conditioned for the faithful performance of his or her duties, and
that he or she will pay over to the treasurer of said city all
moneys belonging to the city which shall come into his or her
hands as such court administrator. The court administrator
shall be paid such compensation as the legislative body of the
city may deem reasonable. The court administrator shall act
under the supervision and control of the presiding judge of
the municipal court and shall supervise the functions of the
chief clerk and director of the traffic violations bureau or similar agency of the city, and perform such other duties as may
be assigned to him or her by the presiding judge of the municipal court. [2009 c 549 § 2034; 1969 ex.s. c 147 § 2.]
35.20.110
35.20.110 Seal of court—Extent of process. The
municipal court shall have a seal which shall be the vignette
of George Washington, with the words "Seal of The Municipal Court of . . . . . . (name of city), State of Washington,"
surrounding the vignette. All process from such court runs
throughout the state. The supreme court may determine by
rule what process must be issued under seal. [1999 c 152 § 3;
1965 c 7 § 35.20.110. Prior: 1955 c 290 § 11.]
35.20.120
35.20.120 Expenses of court. All blanks, books,
papers, stationery and furniture necessary for the transaction
of business and the keeping of records of the court shall be
furnished at the expense of the city, except those expenses
incidental to the operation of the court in matters brought
before the court because of concurrent jurisdiction with the
district court, which expense shall be borne by the county and
paid out of the county treasury. All other expenses on account
of such court which may be authorized by the city council or
the county commissioners and which are not specifically
mentioned in this chapter, shall be paid respectively out of
[Title 35 RCW—page 63]
35.20.131
Title 35 RCW: Cities and Towns
the city treasury and county treasury. [1987 c 202 § 196;
1965 c 7 § 35.20.120. Prior: 1955 c 290 § 12.]
Intent—1987 c 202: See note following RCW 2.04.190.
35.20.131 Director of traffic violations. There shall be
a director of the traffic violations bureau or such similar
agency of the city as may be created by ordinance of said city.
Said director shall be appointed by the judges of the municipal court subject to such civil service laws and rules as may
be provided in such city. Said director shall act under the
supervision of the court administrator of the municipal court
and shall be responsible for the supervision of the traffic violations bureau or similar agency of the city. Upon *this 1969
amendatory act becoming effective those employees connected with the traffic violations bureau under civil service
status shall be continued in such employment and such classification. Before entering upon the duties of his or her office
said director shall take and subscribe an oath the same as
required for officers of the city and shall execute a penal bond
in such sum and with such sureties as the legislative body of
the city may direct and subject to their approval, conditioned
for the faithful performance of his or her duties, and that he or
she will faithfully account to and pay over to the treasurer of
said city all moneys belonging to the city which shall come
into his or her hands as such director. Said director shall be
paid such compensation as the legislative body of the city
may deem reasonable. [2009 c 549 § 2035; 1969 ex.s. c 147
§ 3.]
35.20.131
*Reviser’s note: "this 1969 amendatory act" [1969 ex.s. c 147] became
effective August 11, 1969.
35.20.140 Monthly meeting of judges—Rules and
regulations of court. It shall be the duty of the judges to
meet together at least once each month, except during the
months of July and August, at such hour and place as they
may designate, and at such other times as they may desire, for
the consideration of such matters pertaining to the administration of justice in said court as may be brought before them.
At these meetings they shall receive and investigate, or cause
to be investigated, all complaints presented to them pertaining to the court and the employees thereof, and shall take
such action as they may deem necessary or proper with
respect thereto. They shall have power and it shall be their
duty to adopt, or cause to be adopted, rules and regulations
for the proper administration of justice in said court. [1965 c
7 § 35.20.140. Prior: 1955 c 290 § 14.]
35.20.140
35.20.150 Election of judges—Vacancies. The municipal judges shall be elected on the first Tuesday after the first
Monday in November, 1958, and on the first Tuesday after
the first Monday of November every fourth year thereafter by
the electorate of the city in which the court is located. The
auditor of the county concerned shall designate by number
each position to be filled in the municipal court, and each
candidate at the time of the filing of his or her declaration of
candidacy shall designate by number so assigned the position
for which he or she is a candidate, and the name of such candidate shall appear on the ballot only for such position. The
name of the person who receives the greatest number of votes
and of the person who receives the next greatest number of
35.20.150
[Title 35 RCW—page 64]
votes at the primary for a single nonpartisan position shall
appear on the general election ballot under the designation
therefor. Elections for municipal judge shall be nonpartisan.
They shall hold office for a term of four years and until their
successors are elected and qualified. The term of office shall
start on the second Monday in January following such election. Any vacancy in the municipal court due to a death, disability or resignation of a municipal court judge shall be filled
by the mayor, to serve out the unexpired term. Such appointment shall be subject to confirmation by the legislative body
of the city. [2009 c 549 § 2036; 1975-’76 2nd ex.s. c 120 § 7;
1965 c 7 § 35.20.150. Prior: 1961 c 213 § 1; 1955 c 290 §
15.]
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
Additional notes found at www.leg.wa.gov
35.20.155 Municipal court commissioners—
Appointment, powers. When so authorized by the city legislative authority, the judges of the city may appoint one or
more municipal court commissioners. A commissioner must
be a registered voter of the city, and shall hold office at the
pleasure of the appointing judges. A person appointed as a
commissioner authorized to hear or dispose of cases must be
a lawyer who is admitted to the practice of law in the state of
Washington. A commissioner has such power, authority, and
jurisdiction in criminal and civil matters as the appointing
judges possess and may prescribe. [1996 c 16 § 3.]
35.20.155
35.20.160 Judges’ salaries. The total of the salaries of
each municipal judge under this chapter shall be fixed by the
legislative body of the city at not less than nine thousand dollars per annum, to be paid in monthly or semimonthly installments as for other officials of the city, and such total salaries
shall not be more than the salaries paid the superior court
judges in the county in which the court is located. [1965 c
147 § 3; 1965 c 7 § 35.20.160. Prior: 1955 c 290 § 16.]
35.20.160
Cities over four hundred thousand, district court judges’ salaries: RCW
3.58.010.
35.20.170 Qualifications of judges—Practice of law
prohibited. No person shall be eligible to the office of judge
of the municipal court unless he or she shall have been admitted to practice law before the courts of record of this state and
is an elector of the city in which he or she files for office. No
judge of said court during his or her term of office shall
engage either directly or indirectly in the practice of law.
[2009 c 549 § 2037; 1965 c 7 § 35.20.170. Prior: 1955 c 290
§ 17.]
35.20.170
35.20.175 Judicial officers—Disqualification. (1) A
municipal court judicial officer shall not preside in any of the
following cases:
(a) In an action to which the judicial officer is a party, or
in which the judicial officer is directly interested, or in which
the judicial officer has been an attorney for a party.
(b) When the judicial officer or one of the parties
believes that the parties cannot have an impartial trial or hearing before the judicial officer. The judicial officer shall disqualify himself or herself under the provisions of this section
if, before any discretionary ruling has been made, a party files
35.20.175
(2010 Ed.)
Municipal Courts—Cities Over Four Hundred Thousand
an affidavit that the party cannot have a fair and impartial
trial or hearing by reason of the interest or prejudice of the
judicial officer. The following are not considered discretionary rulings: (i) The arrangement of the calendar; (ii) the setting of an action, motion, or proceeding for hearing or trial;
(iii) the arraignment of the accused; or (iv) the fixing of bail
and initially setting conditions of release. Only one change
of judicial officer is allowed each party in an action or proceeding.
(2) When a judicial officer is disqualified under this section, the case shall be heard before another judicial officer of
the municipality.
(3) For the purposes of this section, "judicial officer"
means a judge, judge pro tempore, or court commissioner.
[2008 c 227 § 10.]
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.
35.20.180 Judges’ oath of office, official bonds. Every
judge of such municipal court, before he or she enters upon
the duties of his or her office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm)
that I will support the Constitution of the United States and
the Constitution of the State of Washington, and that I will
faithfully discharge the duties of the office of judge of the
municipal court of the city of . . . . . . (naming such city)
according to the best of my ability; and I do further certify
that I do not advocate, nor am I a member of an organization
that advocates, the overthrow of the government of the
United States by force or violence." The oath shall be filed in
the office of the county auditor. He or she shall also give
such bonds to the state and city for the faithful performance
of his or her duties as may be by law or ordinance directed.
[2009 c 549 § 2038; 1965 c 7 § 35.20.180. Prior: 1955 c 290
§ 18.]
35.20.180
35.20.190 Additional judge. Whenever the number of
departments of the municipal court is increased, the mayor of
such city shall appoint a qualified person as provided in RCW
35.20.170 to act as municipal judge until the next general
election. He or she shall be paid salaries in accordance with
the provisions of this chapter and provided with the necessary
court, office space and personnel as authorized herein. [2009
c 549 § 2039; 1967 c 241 § 4; 1965 c 7 § 35.20.190. Prior:
1955 c 290 § 19.]
35.20.190
Additional notes found at www.leg.wa.gov
35.20.200 Judges pro tempore. The presiding municipal court judge shall, from attorneys residing in the city and
qualified to hold the position of judge of the municipal court
as provided in RCW 35.20.170, appoint judges pro tempore
who shall act in the absence of the regular judges of the court
or in addition to the regular judges when the administration of
justice and the accomplishment of the work of the court make
it necessary. The presiding municipal court judge may
appoint, as judges pro tempore, any full-time district court
judges serving in the county in which the city is situated. The
term of office must be specified in writing. While acting as
judge of the court, judges pro tempore shall have all of the
powers of the regular judges. Before entering upon his or her
35.20.200
(2010 Ed.)
35.20.210
duties, each judge pro tempore shall take, subscribe and file
an oath as is taken by a municipal judge. Judges pro tempore
shall not practice before the municipal court during their term
of office as judge pro tempore. Such municipal judges pro
tempore shall receive such compensation as shall be fixed by
ordinance by the legislative body of the city and such compensation shall be paid by the city except that district court
judges shall not be compensated by the city other than pursuant to an interlocal agreement. [2000 c 55 § 2; 1996 c 16 § 2;
1990 c 182 § 1; 1972 ex.s. c 32 § 2; 1965 c 7 § 35.20.200.
Prior: 1955 c 290 § 20.]
Judges pro tempore appointments: RCW 3.02.060.
35.20.205 Judicial officers—Hearing examiner. The
judges of the municipal court may employ judicial officers to
assist in the administration of justice and the accomplishment
of the work of the court as said work may be assigned to it by
statute or ordinance. The duties and responsibilities of such
officers shall be judicial in nature and shall be fixed by court
rule as adopted by the municipal court judges or fixed by
ordinance of the city. The judicial officers may be authorized
to hear and determine cases involving the commission of traffic infractions as provided in chapter 46.63 RCW. The
*mayor may appoint the judicial officers as judges pro tempore pursuant to RCW 35.20.200: PROVIDED, That the
judicial officer need not be a resident of the city.
To utilize the services of such judicial officers for the
purpose of hearing contested matters relating to the interest
of the city and its citizens and the operation of the various
departments of the city, the city may by ordinance create the
office of hearing examiner in the municipal court and assign
to it judicial duties and responsibilities. [1980 c 128 § 7;
1975 1st ex.s. c 214 § 1.]
35.20.205
*Reviser’s note: "Mayor" was replaced by "presiding municipal court
judge" as the appointing authority for judges pro tempore in RCW
35.20.200, by 2000 c 55 § 2.
Additional notes found at www.leg.wa.gov
35.20.210 Clerks of court. There shall be a chief clerk
of the municipal court appointed by the judges of the municipal court subject to such civil service laws and rules as may
be provided in such city. After August 11, 1969, those
employees connected with the court under civil service status
shall be continued in such employment and such classification. Before the chief clerk enters upon the duties of the chief
clerk’s office, the chief clerk shall take and subscribe an oath
the same as required for officers of the city, and shall execute
a penal bond in such sum and with such sureties as the legislative body of the city may direct and subject to their
approval, conditioned that the chief clerk will faithfully
account to and pay over to the treasurer of said city all moneys coming into his or her hands as such clerk, and that he or
she will faithfully perform the duties of his or her office to the
best of his or her knowledge and ability. Upon the recommendation of the judges of the municipal court, the legislative body of the city may provide for the appointment of such
assistant clerks of the municipal court as said legislative body
deems necessary, with such compensation as said legislative
body may deem reasonable and such assistant clerks shall be
subject to such civil service as may be provided in such city:
PROVIDED, That the judges of the municipal court shall
35.20.210
[Title 35 RCW—page 65]
35.20.220
Title 35 RCW: Cities and Towns
appoint such clerks as the board of county commissioners
may determine to handle cases involving violations of state
law, wherein the court has concurrent jurisdiction with the
district and superior court. All clerks of the court shall have
power to administer oaths, swear and acknowledge signatures of those persons filing complaints with the court, take
testimony in any action, suit or proceeding in the court relating to the city or county for which they are appointed, and
may certify any records and documents of the court pertaining thereto. They shall give bond for the faithful performance
of their duties as required by law. [1987 c 202 § 197; 1969
ex.s. c 147 § 4; 1965 c 7 § 35.20.210. Prior: 1955 c 290 § 21.]
Intent—1987 c 202: See note following RCW 2.04.190.
35.20.220 Powers and duties of chief clerk—Remittance by city treasurer—Interest—Disposition. (1) The
chief clerk, under the supervision and direction of the court
administrator of the municipal court, shall have the custody
and care of the books, papers and records of the court. The
chief clerk or a deputy shall be present during the session of
the court and has the power to swear all witnesses and jurors,
administer oaths and affidavits, and take acknowledgments.
The chief clerk shall keep the records of the court and shall
issue all process under his or her hand and the seal of the
court. The chief clerk shall do and perform all things and
have the same powers pertaining to the office as the clerks of
the superior courts have in their office. He or she shall
receive all fines, penalties, and fees of every kind and keep a
full, accurate, and detailed account of the same. The chief
clerk shall on each day pay into the city treasury all money
received for the city during the day previous, with a detailed
account of the same, and taking the treasurer’s receipt therefor.
(2) Except as provided in RCW 10.99.080, the city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking
infractions and certain costs to the state treasurer. "Certain
costs" as used in this subsection, means those costs awarded
to prevailing parties in civil actions under RCW 4.84.010 or
36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190,
or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the
specific reimbursement of costs incurred by the state, county,
city, or town in the prosecution of the case, including the fees
of defense counsel. Money remitted under this subsection to
the state treasurer shall be deposited in the state general fund.
(3) The balance of the noninterest money received under
this section shall be retained by the city and deposited as provided by law.
(4) Penalties, fines, bail forfeitures, fees, and costs may
accrue interest at the rate of twelve percent per annum, upon
assignment to a collection agency. Interest may accrue only
while the case is in collection status.
(5) Interest retained by the court on penalties, fines, bail
forfeitures, fees, and costs shall be split twenty-five percent
to the state treasurer for deposit in the state general fund,
twenty-five percent to the state treasurer for deposit in the
judicial information system account as provided in RCW
2.68.020, twenty-five percent to the city general fund, and
35.20.220
[Title 35 RCW—page 66]
twenty-five percent to the city general fund to fund local
courts. [2009 c 479 § 19; 2004 c 15 § 9; 1995 c 291 § 4; 1988
c 169 § 6; 1985 c 389 § 8; 1984 c 258 § 319; 1969 ex.s. c 147
§ 5; 1965 c 7 § 35.20.220. Prior: 1955 c 290 § 22.]
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2004 c 15: See note following RCW 10.34.130.
Intent—1984 c 258: See note following RCW 3.34.130.
Additional notes found at www.leg.wa.gov
35.20.230 Director of probation services—Probation
officers—Bailiffs. The judges of the municipal court shall
appoint a director of probation services who shall, under the
direction and supervision of the court administrator of the
municipal court, supervise the probation officers of the
municipal court. The judges of the municipal court shall also
appoint a bailiff for the court, together with such number of
probation officers and additional bailiffs as may be authorized by the legislative body of the city. The director of probation services, probation officers, and bailiff or bailiffs shall
be paid by the city treasurer in such amount as is deemed reasonable by the legislative body of the city: PROVIDED,
That such additional probation officers and bailiffs of the
court as may be authorized by the county commissioners
shall be paid from the county treasury. [1998 c 238 § 1; 1969
ex.s. c 147 § 6; 1965 c 7 § 35.20.230. Prior: 1955 c 290 § 23.]
35.20.230
35.20.240 First judges—Transfer of equipment.
Upon the effective date of this chapter (June 8, 1955), any
justice of the peace who was the duly appointed and acting
police justice of the city shall become a judge of the municipal court upon his or her filing his or her oath of office and
bond as required by this chapter, and shall serve as a judge of
said municipal court until the regularly elected judges of the
court shall qualify following their election in 1958, or thereafter as provided in RCW 35.20.150. Such judge shall be
paid salaries in accordance with this chapter while so serving.
Such salaries from the city and county shall be in lieu of those
now (June 8, 1955) being paid to the justice of the peace acting as police justice of the city court: PROVIDED, That
upon the justices of the peace qualifying as municipal judges
under this chapter, the number of justices of the peace for
such city shall be reduced accordingly as provided in RCW
35.20.190. Should any justice of the peace acting as police
judge fail to qualify as a judge of the municipal court, the
mayor of such city shall designate one of the other justices of
the peace of that city to act as municipal judge until the next
general election in November, 1958, and the qualifying of the
regularly elected judge. All furniture and equipment belonging to the city and county in which the court is situated, now
under the care and custody of the justice of the peace and
municipal judge, shall be transferred to the municipal court
for use in the operation and maintenance of such court. [2009
c 549 § 2041; 1965 c 7 § 35.20.240. Prior: 1955 c 290 § 24.]
35.20.240
Reviser’s note: Justices of the peace and courts to be construed to mean
district judges and courts. See RCW 3.30.015.
35.20.250 Concurrent jurisdiction with superior
court and district court. The municipal court shall have
concurrent jurisdiction with the superior court and district
court in all civil and criminal matters as now provided by law
35.20.250
(2010 Ed.)
Municipal Courts—Cities Over Four Hundred Thousand
for district judges, and a judge thereof may sit in preliminary
hearings as magistrate. Fines, penalties, and forfeitures
before the court under the provisions of this section shall be
paid to the county treasurer as provided for district court and
commitments shall be to the county jail. Appeals from judgment or order of the court in such cases shall be governed by
the law pertaining to appeals from judgments or orders of district judges operating under chapter 3.30 RCW. [1987 c 202
§ 198; 1979 ex.s. c 136 § 25; 1969 ex.s. c 147 § 7; 1965 c 7 §
35.20.250. Prior: 1955 c 290 § 25.]
Intent—1987 c 202: See note following RCW 2.04.190.
Additional notes found at www.leg.wa.gov
35.20.255
35.20.255 Deferral or suspension of sentences—Probation—Maximum term—Transfer to another state. (1)
Judges of the municipal court, in their discretion, shall have
the power in all criminal proceedings within their jurisdiction
including violations of city ordinances, to defer imposition of
any sentence, suspend all or part of any sentence including
installment payment of fines, fix the terms of any such deferral or suspension, and provide for such probation as in their
opinion is reasonable and necessary under the circumstances
of the case, but in no case shall it extend for more than five
years from the date of conviction for a defendant to be sentenced for a domestic violence offense or under RCW
46.61.5055 and two years from the date of conviction for all
other offenses. A defendant who has been sentenced, or
whose sentence has been deferred, and who then fails to
appear for any hearing to address the defendant’s compliance
with the terms of probation when ordered to do so by the
court, shall have the term of probation tolled until such time
as the defendant makes his or her presence known to the court
on the record. However, the jurisdiction period in this section
does not apply to the enforcement of orders issued under
RCW 46.20.720. Any time before entering an order terminating probation, the court may modify or revoke its order
suspending or deferring the imposition or execution of the
sentence. For the purposes of this subsection, "domestic violence offense" means a crime listed in RCW 10.99.020 that is
not a felony offense.
(2)(a) If a defendant whose sentence has been deferred
requests permission to travel or transfer to another state, the
director of probation services or a designee thereof shall
determine whether such request is subject to RCW
9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the director or
designee shall:
(i) Notify the department of corrections of the defendant’s request;
(ii) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;
(iii) Notify the defendant of the fee due to the department
of corrections for processing an application under the compact;
(iv) Cease supervision of the defendant while another
state supervises the defendant pursuant to the compact;
(v) Resume supervision if the defendant returns to this
state before the period of deferral expires.
(2010 Ed.)
35.20.270
(b) The defendant shall receive credit for time served
while being supervised by another state.
(c) If the probationer is returned to the state at the request
of the receiving state under rules of the interstate compact for
adult offender supervision, the department of corrections is
responsible for the cost of returning the probationer.
(d) The state of Washington, the department of corrections and its employees, and any city and its employees are
not liable for civil damages resulting from any act or omission authorized or required under this section unless the act or
omission constitutes gross negligence. [2010 c 274 § 407;
2005 c 400 § 5; 2001 c 94 § 3; 1999 c 56 § 3; 1983 c 156 § 8;
1969 ex.s. c 147 § 9.]
Intent—2010 c 274: See note following RCW 10.31.100.
Application—Effective date—2005 c 400: See notes following RCW
9.94A.74504.
35.20.258 Sentencing—Crimes against property—
Criminal history check. Before a sentence is imposed upon
a defendant convicted of a crime against property, the court
or the prosecuting authority shall check existing judicial
information systems to determine the criminal history of the
defendant. [2009 c 431 § 18.]
35.20.258
Applicability—2009 c 431: See note following RCW 9.94A.863.
35.20.260 Subpoenas—Witness fees. The court shall
have authority to subpoena witnesses as now authorized in
superior courts throughout the state. Such witnesses shall be
paid according to law with mileage as authorized for witnesses to such cases. [1965 c 7 § 35.20.260. Prior: 1955 c
290 § 26.]
35.20.260
35.20.270 Warrant officer—Position created—
Authority—Service of criminal and civil process—Jurisdiction—Costs. (1) The position of warrant officer is hereby
created and shall be maintained by the city within the city
police department. The number and qualifications of warrant
officers shall be fixed by ordinance, and their compensation
shall be paid by the city.
(2) Warrant officers shall be vested only with the special
authority to make arrests authorized by warrants and other
arrests as are authorized by ordinance.
(3) All criminal and civil process issuing out of courts
created under this title shall be directed to the chief of police
of the city served by the court and/ or to the sheriff of the
county in which the court is held and/or the warrant officers
and be by them executed according to law in any county of
this state.
(4) No process of courts created under this title shall be
executed outside the corporate limits of the city served by the
court unless the person authorized by the process first contacts the applicable law enforcement agency in whose jurisdiction the process is to be served.
(5) Upon a defendant being arrested in another city or
county the cost of arresting or serving process thereon shall
be borne by the court issuing the process including the cost of
returning the defendant from any county of the state to the
city.
(6) Warrant officers shall not be entitled to death, disability, or retirement benefits pursuant to chapter 41.26 RCW
35.20.270
[Title 35 RCW—page 67]
35.20.280
Title 35 RCW: Cities and Towns
on the basis of service as a warrant officer as described in this
section. [1992 c 99 § 1; 1977 ex.s. c 108 § 1.]
35.20.280 City trial court improvement account—
Contribution by city to account—Use of funds. Any city
operating a municipal court under this chapter that receives
state contribution for municipal court judges’ salaries under
RCW 2.56.030 shall create a city trial court improvement
account. An amount equal to one hundred percent of the
state’s contribution for the payment of municipal judges’ salaries shall be deposited into the account. Money in the
account shall be used to fund improvements to the municipal
court’s staffing, programs, facilities, or services, as appropriated by the city legislative authority. [2005 c 457 § 5.]
35.20.280
Intent—2005 c 457: See note following RCW 43.08.250.
35.20.910 Construction of other laws. All acts or parts
of acts which are inconsistent or conflicting with the provisions of this chapter, are hereby repealed or modified accordingly. No provision of this chapter shall be construed as
repealing or anywise limiting or affecting the jurisdiction of
district judges under the general laws of this state. [1987 c
202 § 199; 1965 c 7 § 35.20.910. Prior: 1955 c 290 § 28.]
35.20.910
Intent—1987 c 202: See note following RCW 2.04.190.
35.20.921 Severability—1969 ex.s. c 147. If any provision of this 1969 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 147 § 11.]
35.21.163
35.21.165
35.21.175
35.21.180
35.21.185
35.21.190
35.21.200
35.21.203
35.21.205
35.21.207
35.21.209
35.21.210
35.21.215
35.21.217
35.21.220
35.21.225
35.21.228
35.21.230
35.21.240
35.21.250
35.21.260
35.21.270
35.21.275
35.21.278
35.21.280
35.21.290
35.21.300
35.20.921
Chapter 35.21
Chapter 35.21 RCW
MISCELLANEOUS PROVISIONS
Sections
35.21.005
35.21.010
35.21.015
35.21.020
35.21.030
35.21.070
35.21.080
35.21.085
35.21.086
35.21.087
35.21.088
35.21.090
35.21.100
35.21.110
35.21.120
35.21.130
35.21.135
35.21.140
35.21.150
35.21.152
35.21.154
35.21.156
35.21.157
35.21.158
35.21.160
Sufficiency of petitions.
General corporate powers—Towns, restrictions as to area.
Salary commissions.
Auditoriums, art museums, swimming pools, etc.—Power to
acquire.
Auxiliary water systems for protection from fire.
Cumulative reserve fund—Authority to create.
Cumulative reserve fund—Annual levy for—Application of
budget law.
Payrolls fund—Claims fund.
Payrolls fund—Transfers from insolvent funds.
Employee checks, drafts, warrants—City, town may cash.
Equipment rental fund.
Dikes, levees, embankments—Authority to construct.
Donations—Authority to accept and use.
Ferries—Authority to acquire and maintain.
Solid waste handling system—Contracts.
Solid waste or recyclable materials collection—Ordinance.
Solid waste or recyclable materials collection—Curbside recycling—Reduced rate.
Garbage—Notice of lien—Foreclosure.
Garbage—Lien—Priority.
Solid waste handling—Agreements—Purposes—Terms and
conditions.
Solid waste—Compliance with chapter 70.95 RCW required.
Solid waste—Contracts with vendors for solid waste handling
systems, plants, sites, or facilities—Requirements—Vendor
selection procedures.
Solid waste collection—Rate increase notice.
Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.
Jurisdiction over adjacent waters.
[Title 35 RCW—page 68]
35.21.305
35.21.310
35.21.315
35.21.320
35.21.333
35.21.334
35.21.335
35.21.340
35.21.350
35.21.360
35.21.370
35.21.380
35.21.385
35.21.390
35.21.392
35.21.395
35.21.400
35.21.403
35.21.404
35.21.405
35.21.407
35.21.410
35.21.412
35.21.415
35.21.417
35.21.418
35.21.420
35.21.422
Penalty for act constituting a crime under state law—Limitation.
Driving while under the influence of liquor or drug—Minimum penalties.
Offices to be open certain days and hours.
Ordinances—Adoption of codes by reference.
Ordinances—Information pooling.
Parkways, park drives, and boulevards.
Residence qualifications of appointive officials and employees.
Recall sufficiency hearing—Payment of defense expenses.
Liability insurance for officials and employees.
Liability insurance for officers and employees authorized.
Insurance and workers’ compensation for offenders performing community restitution.
Sewerage, drainage, and water supply.
Powers relative to systems of sewerage.
Utility services—Deposit—Tenants’ delinquencies—
Notice—Lien.
Sidewalks—Regulation of use of.
Transportation benefit districts.
Rail fixed guideway system—Safety program plan and security and emergency preparedness plan.
Streets over tidelands declared public highways.
Streets over tidelands—Control of.
Streets and alleys over first-class tidelands—Control of.
Streets—Annual report to secretary of transportation.
Streets—Records of funds received and used for construction,
repair, maintenance.
Street improvements—Provision of supplies or materials.
Contracts with community service organizations for public
improvements—Limitations.
Tax on admissions—Exceptions.
Utility services—Lien for.
Utility services—Enforcement of lien—Limitations on termination of service for residential heating.
Utility connection charges—Waiver for low-income persons.
Removal of overhanging or obstructing vegetation—Removal,
destroying debris.
Amateur radio antennas—Local regulation to conform with
federal law.
Warrants—Interest rate—Payment.
Chief of police or marshal—Eligibility requirements.
Chief of police or marshal—Background investigation.
Chief of police or marshal—Vacancy.
Cemeteries and funeral facilities.
Civil service in police and fire departments.
Eminent domain by cities and towns.
Joint county and city hospitals.
Joint county and city buildings.
Counties with a population of two hundred ten thousand or
more may contract with cities concerning buildings and
related improvements.
Public employment, civil service and pensions.
Contractors—Authority of city to verify registration and report
violations.
Historic preservation—Authorization to acquire property, borrow money, issue bonds, etc.
City may acquire property for parks, recreational, viewpoint,
greenbelt, conservation, historic, scenic, or view purposes.
Authority to establish lake and beach management districts.
Fish enhancement project—City’s or town’s liability.
Moorage facilities—Regulations authorized—Port charges,
delinquency—Abandoned vessels, public sale.
Abandoned or derelict vessels.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Electrical utilities—Civil immunity of officials and employees
for good faith mistakes and errors of judgment.
Hydroelectric reservoir extending across international boundary—Agreement with Province of British Columbia.
Hydroelectric reservoir extending across international boundary—Commission—Powers.
Utilities—City may support county in which generating plant
located—Cities with a population greater than five hundred
thousand responsible for impact payments and arrearages—
Arbitration.
Utilities—Cities in a county with a population of two hundred
ten thousand or more west of Cascades may support cities,
towns, counties and taxing districts in which facilities
located.
(2010 Ed.)
Miscellaneous Provisions
35.21.425
35.21.426
35.21.427
35.21.430
35.21.440
35.21.450
35.21.455
35.21.465
35.21.470
35.21.475
35.21.500
35.21.510
35.21.520
35.21.530
35.21.540
35.21.550
35.21.560
35.21.570
35.21.590
35.21.630
35.21.635
35.21.640
35.21.650
35.21.660
35.21.670
35.21.680
35.21.684
35.21.685
35.21.687
35.21.688
35.21.690
35.21.692
35.21.695
35.21.696
35.21.698
35.21.700
35.21.703
35.21.706
35.21.710
35.21.711
35.21.712
35.21.714
35.21.715
35.21.717
35.21.718
35.21.720
35.21.730
35.21.735
(2010 Ed.)
City constructing generating facility in other county—Reimbursement of county or school district—Reimbursement by
cities with a population greater than five hundred thousand.
City constructing generating facility in other county—Notice
of loss—Negotiations—Arbitration.
City constructing generating facility in other county—Additional findings—Renegotiation.
Utilities—City may pay taxing districts involved after acquisition of private power facilities.
Utilities—Additional payments to school districts having
bonded indebtedness.
Utilities—Payment of taxes.
Locally regulated utilities—Attachments to poles.
Crop purchase contracts for dedicated energy crops.
Building construction projects—City or town prohibited from
requiring state agencies or local governments to provide
bond or other security as a condition for issuance of permit.
Statement of restrictions applicable to real property.
Compilation, codification, revision of city or town ordinances—Scope of codification.
Compilation, codification, revision of city or town ordinances—Authorized.
Compilation, codification, revision of city or town ordinances—Adoption as official code of city.
Compilation, codification, revision of city or town ordinances—Filing—Notice of hearing.
Compilation, codification, revision of city or town ordinances—Legislative body may amend, adopt, or reject
adopting ordinance—When official code.
Compilation, codification, revision of city or town ordinances—Copies as proof of ordinances.
Compilation, codification, revision of city or town ordinances—Adoption of new material.
Compilation, codification, revision of city or town ordinances—Codification satisfies single subject, title, and
amendment requirements of statute or charter.
Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
Youth agencies—Establishment authorized.
Juvenile curfews.
Conferences to study regional and governmental problems,
counties and cities may establish.
Prepayment of taxes or assessments authorized.
Demonstration Cities and Metropolitan Development Act—
Agreements with federal government—Scope of authority.
Demonstration Cities and Metropolitan Development Act—
Powers and limitations of public corporations, commissions
or authorities created.
Participation in Economic Opportunity Act programs.
Authority to regulate placement or use of homes—Regulation
of manufactured homes—Issuance of permits—Restrictions
on location of manufactured/mobile homes and entry or
removal of recreational vehicles used as primary residences.
Low-income housing—Loans and grants.
Affordable housing—Inventory of suitable housing.
Family day-care provider’s home facility—City or town may
not prohibit in residential or commercial area—Conditions.
Authority to regulate auctioneers—Limitations.
Authority to regulate massage practitioners—Limitations.
Authority to own and operate professional sports franchise.
Newspaper carrier regulation.
Regulation of financial transactions—Limitations.
Tourist promotion.
Economic development programs.
Imposition or increase of business and occupation tax—Referendum procedure required—Exclusive procedure.
License fees or taxes on certain business activities—Uniform
rate required—Maximum rate established.
License fees or taxes on certain business activities—Excess
rates authorized by voters.
License fees or taxes on telephone business to be at uniform
rate.
License fees or taxes on telephone business—Imposition on
certain gross revenues authorized—Limitations.
Taxes on network telephone services.
Taxation of internet access—Moratorium.
State route No. 16—Tax on operation prohibited.
City contracts to obtain sheriff’s office law enforcement services.
Public corporations—Powers of cities, towns, and counties—
Administration.
Public corporations—Declaration of public purpose—Power
and authority to enter into agreements, receive and expend
35.21.740
35.21.745
35.21.747
35.21.750
35.21.755
35.21.756
35.21.757
35.21.759
35.21.760
35.21.762
35.21.765
35.21.766
35.21.7661
35.21.768
35.21.769
35.21.770
35.21.772
35.21.775
35.21.778
35.21.779
35.21.780
35.21.790
35.21.800
35.21.805
35.21.810
35.21.815
35.21.820
35.21.830
35.21.840
35.21.845
35.21.850
35.21.851
35.21.855
35.21.860
35.21.865
35.21.870
35.21.871
35.21.873
35.21.875
35.21.880
35.21.890
35.21.895
Chapter 35.21
funds—Security—Special funds—Agreements to implement federal new markets tax credit program.
Public corporations—Exercise of powers, authorities, or
rights—Territorial jurisdiction.
Public corporations—Provision for, control over—Powers.
Public corporations—Real property transferred by city, town,
or county—Restrictions, notice, public meeting.
Public corporations—Insolvency or dissolution.
Public corporations—Exemption or immunity from taxation—
In lieu excise tax.
Tax exemption—Sales/leasebacks by regional transit authorities.
Public corporations—Statutes to be construed consistent with
state Constitution.
Public corporations, commissions, and authorities—Applicability of general laws.
Legal interns—Employment authorized.
Urban emergency medical service districts—Creation authorized in city or town with territory in two counties.
Fire protection, ambulance or other emergency services provided by municipal corporation within county—Financial
and other assistance by county authorized.
Ambulance services—Establishment authorized.
Study and review of ambulance utilities.
Ambulance services—Excise taxes authorized—Use of proceeds.
Levy for emergency medical care and services.
Members of legislative bodies authorized to serve as volunteer
firefighters, volunteer ambulance personnel, or reserve law
enforcement officers.
Fire department volunteers—Holding public office—Definitions.
Provision of fire protection services to state-owned facilities.
Existing contracts for fire protection services and equipment
not abrogated.
Fire protection services for state-owned facilities—Contracts
with the department of community, trade, and economic
development—Consolidation of negotiations with multiple
state agencies—Arbitration.
Laws, rules and regulations applicable to cities five hundred
thousand or over deemed applicable to cities four hundred
thousand or over.
Revision of corporate boundary within street, road, or highway
right-of-way by substituting right-of-way line—Not subject
to review.
Foreign trade zones—Legislative finding, intent.
Foreign trade zones—Authority to apply for permission to
establish, operate and maintain.
Hydroplane races—Providing for restrooms and other services
in public parks for spectators—Admission fees—Authorized.
Hydroplane races—Levying of admission charges declared
public park purpose—Reversion prohibited.
Acquisition and disposal of vehicles for commuter ride sharing
by city employees.
Controls on rent for residential structures—Prohibited—
Exceptions.
Taxation of motor carriers of freight for hire—Allocation of
gross receipts.
Taxation of motor carriers of freight for hire—Tax allocation
formula.
Taxation of motor carriers of freight for hire—Limitation—
Exceptions.
Taxation of chamber of commerce, similar business for operation of parking/business improvement area.
Taxation of intellectual property creating activities—Gross
receipts tax prohibited—Exceptions.
Electricity, telephone, or natural gas business, service provider—Franchise fees prohibited—Exceptions.
Electricity, telephone, or natural gas business—Limitations on
tax rate changes.
Electricity, telephone, natural gas, or steam energy business—
Tax limited to six percent—Exception.
Tax on telephone business—Deferral of rate reduction.
Procedure to correct erroneous mobile telecommunications
service tax.
Designation of official newspaper.
Right-of-way donations—Credit against required improvements.
Boundary changes—Providing factual information—Notice to
boundary review board.
Regulation of automatic number or location identification—
Prohibited.
[Title 35 RCW—page 69]
35.21.005
35.21.897
35.21.900
35.21.905
35.21.910
35.21.915
35.21.920
35.21.925
35.21.980
Title 35 RCW: Cities and Towns
Mobile home, manufactured home, or park model moving or
installing—Copies of permits—Definitions.
Authority to transfer real property.
Consultation with public utilities for water-sewer facility relocation projects.
Community athletics programs—Sex discrimination prohibited.
Temporary encampments for the homeless—Hosting by religious organizations authorized—Prohibitions on local
actions.
State and federal background checks of license applicants and
licensees of occupations under local licensing authority.
Supplemental transportation improvements.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Accident claims against: RCW 35.31.020.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by cities or towns: RCW 64.04.130.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Cemeteries, public acquisition and maintenance: Chapter 68.52 RCW.
Diking and drainage districts: Chapters 85.05, 86.09 RCW.
Disturbances at state penal facilities: Chapter 72.02 RCW.
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
Eminent domain by cities: Chapter 8.12 RCW.
Fire protection districts: Title 52 RCW.
Flood control maintenance, state participation in: Chapter 86.26 RCW.
Hospitals, joint operation with counties: RCW 36.62.030, 36.62.110.
Industrial development revenue bonds: Chapter 39.84 RCW.
Intergovernmental disposition of property: Chapter 39.33 RCW.
Irrigation districts: Chapter 87.03 RCW.
Joint governmental activities: Chapter 36.64 RCW.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
Legal publications: Chapter 65.16 RCW.
Liquor
revolving fund, distribution from: RCW 66.08.190, 66.08.210.
sales of subject to local option: Chapter 66.40 RCW.
Local adopt-a-highway programs: RCW 47.40.105.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Local law enforcement agencies, reports by regarding missing children:
RCW 13.60.020.
Lost and found property: Chapter 63.21 RCW.
Meetings, minutes of governmental bodies, open to public inspection: Chapter 42.30 RCW.
Municipal utilities: Chapter 35.92 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Peddlers’ and hawkers’ licenses: Chapter 36.71 RCW, RCW 73.04.050,
73.04.060.
Port districts: Title 53 RCW.
Public records, destruction of: Chapter 40.14 RCW.
Public utility districts: Title 54 RCW.
Residence qualifications of civil service employees—Residency not grounds
for discharge: RCW 52.30.050.
Senior citizens programs—Authorization to establish and administer: RCW
36.39.060.
Soil and water conservation districts: Chapter 89.08 RCW.
Transfer of real property or contract for use for park and recreational purposes: RCW 39.33.060.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Water-sewer districts: Title 57 RCW.
Weeds, duty to destroy, extermination areas: RCW 17.04.160.
[Title 35 RCW—page 70]
35.21.005 Sufficiency of petitions. Wherever in this
title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages
containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as
one petition and containing the following essential elements
when applicable, except that the elements referred to in (d)
and (e) of this subsection are essential for petitions referring
or initiating legislative matters to the voters, but are directory
as to other petitions:
(a) The text or prayer of the petition which shall be a
concise statement of the action or relief sought by petitioners
and shall include a reference to the applicable state statute or
city ordinance, if any;
(b) If the petition initiates or refers an ordinance, a true
copy thereof;
(c) If the petition seeks the annexation, incorporation,
withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and
if practical, a map of the area;
(d) Numbered lines for signatures with space provided
beside each signature for the name and address of the signer
and the date of signing;
(e) The warning statement prescribed in subsection (2) of
this section.
(2) Petitions shall be printed or typed on single sheets of
white paper of good quality and each sheet of petition paper
having a space thereon for signatures shall contain the text or
prayer of the petition and the following warning:
35.21.005
WARNING
Every person who signs this petition with any other
than his or her true name, or who knowingly signs
more than one of these petitions, or signs a petition
seeking an election when he or she is not a legal
voter, or signs a petition when he or she is otherwise
not qualified to sign, or who makes herein any false
statement, shall be guilty of a misdemeanor.
Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the
signer and the date of signing.
(3) The term "signer" means any person who signs his or
her own name to the petition.
(4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the
case may be, in the number required by the applicable statute
or ordinance. Within three working days after the filing of a
petition, the officer with whom the petition is filed shall
transmit the petition to the county auditor for petitions signed
by registered voters, or to the county assessor for petitions
signed by property owners for determination of sufficiency.
The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the
officer receiving the petition for filing a certificate stating the
date upon which such determination was begun, which date
shall be referred to as the terminal date. Additional pages of
one or more signatures may be added to the petition by filing
(2010 Ed.)
Miscellaneous Provisions
the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his
or her signature by a written request for withdrawal filed with
the receiving officer prior to such terminal date. Such written
request shall so sufficiently describe the petition as to make
identification of the person and the petition certain. The
name of any person seeking to withdraw shall be signed
exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date,
the signature of any person seeking such withdrawal shall be
deemed withdrawn.
(5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.
(6) A variation on petitions between the signatures on the
petition and that on the voter’s permanent registration caused
by the substitution of initials instead of the first or middle
names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.
(7) Signatures, including the original, of any person who
has signed a petition two or more times shall be stricken.
(8) Signatures followed by a date of signing which is
more than six months prior to the date of filing of the petition
shall be stricken.
(9) When petitions are required to be signed by the owners of property, the determination shall be made by the
county assessor. Where validation of signatures to the petition is required, the following shall apply:
(a) The signature of a record owner, as determined by the
records of the county auditor, shall be sufficient without the
signature of his or her spouse;
(b) In the case of mortgaged property, the signature of
the mortgagor shall be sufficient, without the signature of his
or her spouse;
(c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of
the county auditor, shall be deemed sufficient, without the
signature of his or her spouse;
(d) Any officer of a corporation owning land within the
area involved who is duly authorized to execute deeds or
encumbrances on behalf of the corporation, may sign on
behalf of such corporation, and shall attach to the petition a
certified excerpt from the bylaws of such corporation showing such authority;
(e) When the petition seeks annexation, any officer of a
corporation owning land within the area involved, who is
duly authorized to execute deeds or encumbrances on behalf
of the corporation, may sign under oath on behalf of such corporation. If an officer signs the petition, he or she must attach
an affidavit stating that he or she is duly authorized to sign the
petition on behalf of such corporation;
(f) When property stands in the name of a deceased person or any person for whom a guardian has been appointed,
the signature of the executor, administrator, or guardian, as
the case may be, shall be equivalent to the signature of the
owner of the property; and
(g) When a parcel of property is owned by multiple owners, the signature of an owner designated by the multiple
owners is sufficient.
(10) The officer or officers responsible for determining
the sufficiency of the petition shall do so in writing and trans(2010 Ed.)
35.21.015
mit the written certificate to the officer with whom the petition was originally filed. [2008 c 196 § 1; 2003 c 331 § 8;
1996 c 286 § 6.]
Intent—Severability—Effective date—2003 c 331: See notes following RCW 35.13.410.
35.21.010 General corporate powers—Towns,
restrictions as to area. (1) Municipal corporations now or
hereafter organized are bodies politic and corporate under the
name of the city of . . . . . ., or the town of . . . . . ., as the case
may be, and as such may sue and be sued, contract or be contracted with, acquire, hold, possess and dispose of property,
subject to the restrictions contained in other chapters of this
title, having a common seal, and change or alter the same at
pleasure, and exercise such other powers, and have such other
privileges as are conferred by this title. However, not more
than two square miles in area shall be included within the corporate limits of a town having a population of fifteen hundred
or less, or located in a county with a population of one million
or more, and not more than three square miles in area shall be
included within the corporate limits of a town having a population of more than fifteen hundred in a county with a population of less than one million, nor shall more than twenty
acres of unplatted land belonging to any one person be taken
within the corporate limits of a town without the consent of
the owner of such unplatted land.
(2) Notwithstanding subsections (1) and (3) of this section, a town located in three or more counties is excluded
from a limitation in square mileage.
(3) Except as provided in subsection (2) of this section,
the original incorporation of a town shall be limited to an area
of not more than one square mile and a population as prescribed in RCW 35.01.040. [1995 c 196 § 5; 1991 c 363 § 37;
1965 c 138 § 1; 1965 c 7 § 35.21.010. Prior: 1963 c 119 § 1;
1890 p 141 § 15, part; RRS § 8935.]
35.21.010
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
35.21.015 Salary commissions. (1) Salaries for elected
officials of towns and cities may be set by salary commissions established in accordance with city charter or by ordinance and in conformity with this section.
(2) The members of such commissions shall be
appointed in accordance with the provisions of a city charter,
or as specified in this subsection:
(a) Shall be appointed by the mayor with approval of the
city council;
(b) May not be appointed to more than two terms;
(c) May only be removed during their terms of office for
cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence;
and
(d) May not include any officer, official, or employee of
the city or town or any of their immediate family members.
"Immediate family member" as used in this subsection means
the parents, spouse, siblings, children, or dependent relatives
of the officer, official, or employee, whether or not living in
the household of the officer, official, or employee.
(3) Any change in salary shall be filed by the commission with the city clerk and shall become effective and incor35.21.015
[Title 35 RCW—page 71]
35.21.020
Title 35 RCW: Cities and Towns
porated into the city or town budget without further action of
the city council or salary commission.
(4) Salary increases established by the commission shall
be effective as to all city or town elected officials, regardless
of their terms of office.
(5) Salary decreases established by the commission shall
become effective as to incumbent city or town elected officials at the commencement of their next subsequent terms of
office.
(6) Salary increases and decreases shall be subject to referendum petition by the people of the town or city in the same
manner as a city ordinance upon filing of such petition with
the city clerk within thirty days after filing of the salary
schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect
until approved by vote of the people.
(7) Referendum measures under this section shall be submitted to the voters of the city or town at the next following
general or municipal election occurring thirty days or more
after the petition is filed, and shall be otherwise governed by
the provisions of the state Constitution, or city charter, or
laws generally applicable to referendum measures.
(8) The action fixing the salary by a commission established in conformity with this section shall supersede any
other provision of state statute or city or town ordinance
related to municipal budgets or to the fixing of salaries.
(9) Salaries for mayors and councilmembers established
under an ordinance or charter provision in existence on July
22, 2001, that substantially complies with this section shall
remain in effect unless and until changed in accordance with
such charter provision or ordinance. [2001 c 73 § 4.]
Findings—Intent—2001 c 73: "The legislature hereby finds and
declares that:
(1) Article XXX, section 1 of the state Constitution permits midterm
salary increases for municipal officers who do not fix their own compensation;
(2) The Washington citizens’ commission on salaries for elected officials established pursuant to Article XXVIII, section 1 of the state Constitution with voter approval has assured that the compensation for state and
county elected officials will be fair and certain, while minimizing the dangers of midterm salary increases being used to influence those officers in the
performance of their duties;
(3) The same public benefits of independent salary commissions
should be extended to the setting of compensation of municipal elected officers; and
(4) This act is intended to clarify the intent of the legislature that existing state law authorizes:
(a) The establishment of independent salary commissions to set the salaries of city or town elected officials, county commissioners, and county
councilmembers; and
(b) The authority of the voters of such cities, towns, and counties to
review commission decisions to increase or decrease such salaries by means
of referendum." [2001 c 73 § 1.]
Severability—2001 c 73: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2001 c 73 § 6.]
35.21.020 Auditoriums, art museums, swimming
pools, etc.—Power to acquire. Any city or town in this state
acting through its council or other legislative body, and any
separately organized park district acting through its board of
park commissioners or other governing officers, shall have
power to acquire by donation, purchase or condemnation, and
to construct and maintain public auditoriums, art museums,
35.21.020
[Title 35 RCW—page 72]
swimming pools, and athletic and recreational fields, including golf courses, buildings and facilities within or without its
parks, and to use or let the same for such public and private
purposes for such compensation and rental and upon such
conditions as its council or other legislative body or board of
park commissioners shall from time to time prescribe. [1965
c 7 § 35.21.020. Prior: 1947 c 28 § 1; 1937 c 98 § 1; Rem.
Supp. 1947 § 8981-4.]
Acquisition of property for parks, recreational, viewpoint, greenbelt, conservation, historic, scenic or view purposes: RCW 36.34.340.
35.21.030
35.21.030 Auxiliary water systems for protection
from fire. Any city or town shall have power to provide for
the protection of such city or town, or any part thereof, from
fire, and to establish, construct and maintain an auxiliary
water system, or systems, or extensions thereof, or additions
thereto, and the structures and works necessary therefor or
forming a part thereof, including the acquisition or damaging
of lands, rights-of-way, rights, property, water rights, and the
necessary sources of supply of water for such purposes,
within or without the corporate limits of such city or town,
and to manage, regulate and control the same. [1965 c 7 §
35.21.030. Prior: 1911 c 98 § 5; RRS § 9356.]
35.21.070
35.21.070 Cumulative reserve fund—Authority to
create. Any city or town may establish by ordinance a cumulative reserve fund in general terms for several different
municipal purposes as well as for a very specific municipal
purpose, including that of buying any specified supplies,
material or equipment, or the construction, alteration or
repair of any public building or work, or the making of any
public improvement, or for creation of a revenue stabilization
fund for future operations. The ordinance shall designate the
fund as "cumulative reserve fund for . . . . . . . . . (naming purpose or purposes for which fund is to be accumulated and
expended)." The moneys in the fund may be allowed to accumulate from year to year until the legislative authority of the
city or town shall determine to expend the moneys in the fund
for the purpose or purposes specified: PROVIDED, That any
moneys in the fund shall never be expended for any other
purpose or purposes than those specified, without an approving vote by a two-thirds majority of the members of the legislative authority of the city or town. [1983 c 173 § 1; 1965 c
7 § 35.21.070. Prior: 1953 c 38 § 1; 1941 c 60 § 1; Rem.
Supp. 1941 § 9213-5.]
35.21.080
35.21.080 Cumulative reserve fund—Annual levy
for—Application of budget law. An item for said cumulative reserve fund may be included in the city or town’s annual
budget or estimate of amounts required to meet public
expense for the ensuing year and a tax levy made within the
limits and as authorized by law for said item; and said item
and levy may be repeated from year to year until, in the judgment of the legislative body of the city or town, the amount
required for the specified purpose or purposes has been raised
or accumulated. Any moneys in said fund at the end of the
fiscal year shall not lapse nor shall the same be a surplus
available or which may be used for any other purpose or purposes than those specified, except as herein provided. [1965
(2010 Ed.)
Miscellaneous Provisions
c 7 § 35.21.080. Prior: 1953 c 38 § 2; 1941 c 60 § 2; Rem.
Supp. 1941 § 9213-6.]
35.21.085 Payrolls fund—Claims fund. The legislative authority of any city or town is authorized to create the
following special funds:
(1) Payrolls—into which moneys may be placed from
time to time as directed by the legislative authority from any
funds available and upon which warrants may be drawn and
cashed for the purpose of paying any moneys due city
employees for salaries and wages. The accounts of the city or
town shall be so kept that they shall show the department or
departments and amounts to which the payment is properly
chargeable.
(2) Claims—into which may be paid moneys from time
to time from any funds which are available and upon which
warrants may be issued and paid in payment of claims against
the city or town for any purpose. The accounts of the city or
town shall be so kept that they shall show the department or
departments and the respective amounts for which the warrant is issued and paid. [1965 c 7 § 35.21.085. Prior: 1953 c
27 § 1.]
35.21.085
35.21.086 Payrolls fund—Transfers from insolvent
funds. Transfers from an insolvent fund to the payrolls fund
or claims fund shall be by warrant. [1965 c 7 § 35.21.086.
Prior: 1953 c 27 § 2.]
35.21.086
35.21.087 Employee checks, drafts, warrants—City,
town may cash. Any city or town is hereby authorized, at its
option and after the adoption of the appropriate ordinance, to
accept in exchange for cash a payroll check, draft, or warrant;
expense check, draft, or warrant; or personal check from a
city or town employee in accordance with the following conditions:
(1) The check, warrant, or draft must be drawn to the
order of cash or bearer and be immediately payable by a
drawee financial institution;
(2) The person presenting the check, draft, or warrant to
the city or town must produce identification as outlined by
the city or town in the authorizing ordinance;
(3) The payroll check, draft, or warrant or expense
check, draft, or warrant must have been issued by the city or
town; and
(4) Personal checks cashed pursuant to this authorization
cannot exceed two hundred dollars.
In the event that any personal check cashed for a city or
town employee by the city or town under this section is dishonored by the drawee financial institution when presented
for payment, the city or town is authorized, after notice to the
drawer or endorser of the dishonor, to withhold from the
drawer’s or endorser’s next payroll check, draft, or warrant
the full amount of the dishonored check. [1991 c 185 § 1.]
35.21.087
35.21.088 Equipment rental fund. Any city or town
may create, by ordinance, an "equipment rental fund," hereinafter referred to as "the fund," in any department of the city or
town to be used as a revolving fund to be expended for salaries, wages, and operations required for the repair, replacement, purchase, and operation of equipment, and for the pur35.21.088
(2010 Ed.)
35.21.090
chase of equipment, materials, and supplies to be used in the
administration and operation of the fund.
The legislative authority of a city or town may transfer
any equipment, materials or supplies of any office or department to the equipment rental fund either without charge, or
may grant a credit to such office or department equivalent to
the value of the equipment, materials or supplies transferred.
An office or department receiving such a credit may use it
any time thereafter for renting or purchasing equipment,
materials, supplies or services from the equipment rental
fund.
Money may be placed in the fund from time to time by
the legislative authority of the city or town. Cities and towns
may purchase and sell equipment, materials and supplies by
use of such fund, subject to any laws governing the purchase
and sale of property. Such equipment, materials and supplies
may be rented for the use of various offices and departments
of any city or town or may be rented by any such city or town
to governmental agencies. The proceeds received by any city
or town from the sale or rental of such property shall be
placed in the fund, and the purchase price of any such property or rental payments made by a city or town shall be made
from moneys available in the fund. The ordinance creating
the fund shall designate the official or body that is to administer the fund and the terms and charges for the rental for the
use of any such property which has not been purchased for its
own use out of its own funds and may from time to time
amend such ordinance.
There shall be paid monthly into the fund out of the moneys available to the department using any equipment, materials, and/or supplies, which have not been purchased by that
department for its own use and out of its own funds, reasonable rental charges fixed by the legislative authority of the
city or town, and moneys in the fund shall be retained there
from year to year so long as the legislative authority of the
city or town desires to do so.
Every city having a population of more than eight thousand, according to the last official census, shall establish such
an equipment rental fund in its street department or any other
department of city government. Such fund shall acquire the
equipment necessary to serve the needs of the city street
department. Such fund may, in addition, be created to service
any other departments of city government or other governmental agencies as authorized hereinabove. [1965 c 7 §
35.21.088. Prior: 1963 c 115 § 7; 1953 c 67 § 1.]
Census to be conducted in decennial periods: State Constitution Art. 2 § 3.
Determination of population: Chapter 43.62 RCW.
35.21.090 Dikes, levees, embankments—Authority to
construct. Any city or town shall have power to provide for
the protection of such city or town, or any part thereof, from
overflow, and to establish, construct and maintain dikes,
levees, embankments, or other structures and works, or to
open, deepen, straighten or otherwise enlarge natural watercourses, waterways and other channels, including the acquisition or damaging of lands, rights-of-way, rights and property therefor, within or without the corporate limits of such
city or town, and to manage, regulate and control the same.
[1965 c 7 § 35.21.090. Prior: 1911 c 98 § 4; 1907 c 241 § 68;
RRS § 9355.]
35.21.090
[Title 35 RCW—page 73]
35.21.100
Title 35 RCW: Cities and Towns
Eminent domain: Chapter 8.12 RCW.
35.21.100 Donations—Authority to accept and use.
Every city and town by ordinance may accept any money or
property donated, devised, or bequeathed to it and carry out
the terms of the donation, devise, or bequest, if within the
powers granted by law. If no terms or conditions are attached
to the donation, devise, or bequest, the city or town may
expend or use it for any municipal purpose. [1965 c 7 §
35.21.100. Prior: 1941 c 80 § 1; Rem. Supp. 1941 § 9213-8.]
35.21.100
35.21.110 Ferries—Authority to acquire and maintain. Any incorporated city or town within the state is authorized to construct, or condemn and purchase, or purchase, and
to maintain a ferry across any unfordable stream adjoining
and within one mile of its limits, together with all necessary
grounds, roads, approaches and landings necessary or appertaining thereto located within one mile of the limits of such
city or town, with full jurisdiction and authority to manage,
regulate and control the same beyond the limits of the corporation and to operate the same free or for toll. [1965 c 7 §
35.21.110. Prior: 1895 c 130 § 1; RRS § 5476.]
35.21.110
35.21.120 Solid waste handling system—Contracts.
A city or town may by ordinance provide for the establishment of a system or systems of solid waste handling for the
entire city or town or for portions thereof. A city or town may
provide for solid waste handling by or under the direction of
officials and employees of the city or town or may award
contracts for any service related to solid waste handling
including contracts entered into under RCW 35.21.152. Contracts for solid waste handling may provide that a city or town
provide for a minimum periodic fee or other method of compensation in consideration of the operational availability of a
solid waste handling system, plant, site, or other facility at a
specified minimum level, without regard to the ownership of
the system, plant, site, or other facility, or the amount of solid
waste actually handled during all or any part of the contract
period. When a minimum level of solid waste is specified in
a contract for solid waste handling, there shall be a specific
allocation of financial responsibility in the event the amount
of solid waste handled falls below the minimum level provided in the contract.
As used in this chapter, the terms "solid waste" and
"solid waste handling" shall be as defined in RCW 70.95.030.
[1989 c 399 § 1; 1986 c 282 § 18; 1965 c 7 § 35.21.120. Prior:
1943 c 270 § 1, part; Rem. Supp. 1943 § 9504-1, part.]
35.21.120
Severability—Legislative findings—Construction—Liberal construction—Supplemental powers—1986 c 282: See notes following RCW
35.21.156.
Contracts with vendors for solid waste handling: RCW 35.21.156.
35.21.130 Solid waste or recyclable materials collection—Ordinance. A solid waste or recyclable materials collection ordinance may:
(1) Require property owners and occupants of premises
to use the solid waste collection and disposal system or recyclable materials collection and disposal system, and to dispose of their solid waste and recyclable materials as provided
in the ordinance: PROVIDED, That a solid waste or recycling ordinance shall not require any retail enterprise engaged
in the sale of consumer-packaged products to locate or place
a public recycling collection site or buy-back center upon or
within a certain distance of the retail establishment as a condition of engaging in the sale of consumer-packaged products; and
(2) Fix charges for solid waste collection and disposal,
recyclable materials collection and disposal, or both, and the
manner and time of payment therefor including therein a provision that upon failure to pay the charges, the amount
thereof shall become a lien against the property for which the
solid waste or recyclable materials collection service is rendered. The ordinance may also provide penalties for its violation. [1989 c 431 § 51; 1965 c 7 § 35.21.130. Prior: 1943 c
270 § 1, part; Rem. Supp. 1943 § 9504-1, part.]
Additional notes found at www.leg.wa.gov
35.21.135 Solid waste or recyclable materials collection—Curbside recycling—Reduced rate. (1) Each city or
town providing by ordinance or resolution a reduced solid
waste collection rate to residents participating in a residential
curbside recycling program implemented under RCW
70.95.090, may provide a similar reduced rate to residents
participating in any other recycling program, if such program
is approved by the jurisdiction. Nothing in this section shall
be interpreted to reduce the authority of a city to adopt ordinances under RCW 35.21.130(1).
(2) For the purposes of this section, "reduced rate" means
a residential solid waste collection rate incorporating a
rebate, refund, or discount. Reduced rate shall not include
residential solid waste collection rate based on the volume or
weight of solid waste set out for collection. [1991 c 319 §
404.]
35.21.135
Additional notes found at www.leg.wa.gov
35.21.140 Garbage—Notice of lien—Foreclosure. A
notice of the city’s or town’s lien for garbage collection and
disposal service specifying the charges, the period covered by
the charges and giving the legal description of the premises
sought to be charged, shall be filed with the county auditor
within the time required and shall be foreclosed in the manner
and within the time prescribed for liens for labor and material. [1965 c 7 § 35.21.140. Prior: 1943 c 270 § 1, part; Rem.
Supp. 1943 § 9504-1, part.]
35.21.140
35.21.150 Garbage—Lien—Priority. The garbage
collection and disposal service lien shall be prior to all liens
and encumbrances filed subsequent to the filing of the notice
of it with the county auditor, except the lien of general taxes
and local improvement assessments whether levied prior or
subsequent thereto. [1965 c 7 § 35.21.150. Prior: 1943 c 270
§ 1, part; Rem. Supp. 1943 § 9504-1, part.]
35.21.150
35.21.130
[Title 35 RCW—page 74]
35.21.152 Solid waste handling—Agreements—Purposes—Terms and conditions. A city or town may construct, lease, condemn, purchase, acquire, add to, alter, and
extend systems, plants, sites, or other facilities for solid waste
handling, and shall have full jurisdiction and authority to
manage, regulate, maintain, utilize, operate, control, and
establish the rates and charges for those solid waste handling
systems, plants, sites, or other facilities owned or operated by
35.21.152
(2010 Ed.)
Miscellaneous Provisions
the city or town. A city or town may enter into agreements
with public or private parties to: (1) Construct, lease, purchase, acquire, manage, maintain, utilize, or operate publicly
or privately owned or operated solid waste handling systems,
plants, sites, or other facilities; (2) establish rates and charges
for those systems, plants, sites, or other facilities; (3) designate particular publicly or privately owned or operated systems, plants, sites, or other facilities as disposal sites; and (4)
sell the materials or products of those systems, plants, or
other facilities. Any agreement entered into shall be for such
term and under such conditions as may be determined by the
legislative authority of the city or town. [1989 c 399 § 2;
1977 ex.s. c 164 § 1; 1975 1st ex.s. c 208 § 1.]
35.21.154
35.21.154 Solid waste—Compliance with chapter
70.95 RCW required. Nothing in RCW 35.21.152 will
relieve a city or town of its obligations to comply with the
requirements of chapter 70.95 RCW. [1989 c 399 § 3; 1975
1st ex.s. c 208 § 3.]
35.21.156
35.21.156 Solid waste—Contracts with vendors for
solid waste handling systems, plants, sites, or facilities—
Requirements—Vendor selection procedures. (1) Notwithstanding the provisions of any city charter, or any law to
the contrary, and in addition to any other authority provided
by law, the legislative authority of a city or town may contract with one or more vendors for one or more of the design,
construction, or operation of, or other service related to, the
systems, plants, sites, or other facilities for solid waste handling in accordance with the procedures set forth in this section. Solid waste handling systems, plants, sites, or other
facilities constructed, purchased, acquired, leased, added to,
altered, extended, maintained, managed, utilized, or operated
pursuant to this section, RCW 35.21.120 and 35.21.152,
whether publicly or privately owned, shall be in substantial
compliance with the solid waste management plan applicable
to the city or town adopted pursuant to chapter 70.95 RCW.
Agreements relating to such solid waste handling systems,
plants, sites, or other facilities may be for such term and may
contain such covenants, conditions, and remedies as the legislative authority of a city or town may deem necessary or
appropriate. When a contract for design services is entered
into separately from other services permitted under this section, procurement shall be in accordance with chapter 39.80
RCW.
(2) If the legislative authority of the city or town decides
to proceed with the consideration of qualifications or proposals for services from vendors, the city or town shall publish
notice of its requirements and request submission of qualifications statements or proposals. The notice shall be published
in the official newspaper of the city or town at least once a
week for two weeks not less than sixty days before the final
date for the submission of qualifications statements or proposals. The notice shall state in summary form (a) the general
scope and nature of the design, construction, operation, or
other service, (b) the name and address of a representative of
the city or town who can provide further details, (c) the final
date for the submission of qualifications statements or proposals, (d) an estimated schedule for the consideration of
qualifications, the selection of vendors, and the negotiation of
(2010 Ed.)
35.21.156
a contract or contracts for services, (e) the location at which a
copy of any request for qualifications or request for proposals
will be made available, and (f) the criteria established by the
legislative authority to select a vendor or vendors, which may
include but shall not be limited to the vendor’s prior experience, including design, construction, or operation of other
similar facilities; respondent’s management capability,
schedule availability and financial resources; cost of the services, nature of facility design proposed by the vendor; system reliability; performance standards required for the facilities; compatibility with existing service facilities operated by
the public body or other providers of service to the public;
project performance guarantees; penalty and other enforcement provisions; environmental protection measures to be
used; consistency with the applicable comprehensive solid
waste management plan; and allocation of project risks.
(3) If the legislative authority of the city or town decides
to proceed with the consideration of qualifications or proposals, it may designate a representative to evaluate the vendors
who submitted qualifications statements or proposals and
conduct discussions regarding qualifications or proposals
with one or more vendors. The legislative authority or representative may request submission of qualifications statements and may later request more detailed proposals from
one or more vendors who have submitted qualifications statements, or may request detailed proposals without having first
received and evaluated qualifications statements. The legislative authority or its representative shall evaluate the qualifications or proposals, as applicable. If two or more vendors
submit qualifications or proposals that meet the criteria established by the legislative authority of the city or town, discussions and interviews shall be held with at least two vendors.
Any revisions to a request for qualifications or request for
proposals shall be made available to all vendors then under
consideration by the city or town and shall be made available
to any other person who has requested receipt of that information.
(4) Based on criteria established by the legislative
authority of the city or town, the representative shall recommend to the legislative authority a vendor or vendors that are
initially determined to be the best qualified to provide one or
more of the design, construction or operation of, or other service related to, the proposed project or services. The legislative authority may select one or more qualified vendors for
one or more of the design, construction, or operation of, or
other service related to, the proposed project or services.
(5) The legislative authority or its representative may
attempt to negotiate a contract with the vendor or vendors
selected for one or more of the design, construction, or operation of, or other service related to, the proposed project or
services on terms that the legislative authority determines to
be fair and reasonable and in the best interest of the city or
town. If the legislative authority or its representative is
unable to negotiate such a contract with any one or more of
the vendors first selected on terms that it determines to be fair
and reasonable and in the best interest of the city or town,
negotiations with any one or more of the vendors shall be terminated or suspended and another qualified vendor or vendors may be selected in accordance with the procedures set
forth in this section. If the legislative authority decides to
continue the process of selection, negotiations shall continue
[Title 35 RCW—page 75]
35.21.157
Title 35 RCW: Cities and Towns
with a qualified vendor or vendors in accordance with this
section at the sole discretion of the legislative authority until
an agreement is reached with one or more qualified vendors,
or the process is terminated by the legislative authority. The
process may be repeated until an agreement is reached.
(6) Prior to entering into a contract with a vendor, the
legislative authority of the city or town shall make written
findings, after holding a public hearing on the proposal, that
it is in the public interest to enter into the contract, that the
contract is financially sound, and that it is advantageous for
the city or town to use this method for awarding contracts
compared to other methods.
(7) Each contract shall include a project performance
bond or bonds or other security by the vendor that in the judgment of the legislative authority of the city or town is sufficient to secure adequate performance by the vendor.
(8) The provisions of chapters 39.12, 39.19, and *39.25
RCW shall apply to a contract entered into under this section
to the same extent as if the systems and plants were owned by
a public body.
(9) The vendor selection process permitted by this section shall be supplemental to and shall not be construed as a
repeal of or limitation on any other authority granted by law.
The alternative selection process provided by this section may not be used in the selection of a person or entity to
construct a publicly owned facility for the storage or transfer
of solid waste or solid waste handling equipment unless the
facility is either (a) privately operated pursuant to a contract
greater than five years, or (b) an integral part of a solid waste
processing facility located on the same site. Instead, the
applicable provisions of RCW 35.22.620, and 35.23.352, and
chapters 39.04 and 39.30 RCW shall be followed. [1989 c
399 § 7; 1986 c 282 § 17. Formerly RCW 35.92.024.]
*Reviser’s note: Chapter 39.25 RCW was repealed by 1994 c 138 § 2.
Legislative findings—Construction—1986 c 282 §§ 17-20: "The legislature finds that the regulation, management, and disposal of solid waste
through waste reduction, recycling, and the use of resource recovery facilities of the kind described in RCW 35.92.022 and 36.58.040 should be conducted in a manner substantially consistent with the priorities and policies of
the solid waste management act, chapter 70.95 RCW. Nothing contained in
sections 17 through 20 of this act shall detract from the powers, duties, and
functions given to the utilities and transportation commission in chapter
81.77 RCW." [1986 c 282 § 16.]
Additional notes found at www.leg.wa.gov
35.21.157 Solid waste collection—Rate increase
notice. (1) A city that contracts for the collection of solid
waste, or provides for the collection of solid waste directly,
shall notify the public of each proposed rate increase for a
solid waste handling service. The notice may be mailed to
each affected ratepayer or published once a week for two
consecutive weeks in a newspaper of general circulation in
the collection area. The notice shall be available to affected
ratepayers at least forty-five days prior to the proposed effective date of the rate increase.
(2) For purposes of this section, "solid waste handling"
has the same meaning as provided in RCW 70.95.030. [1994
c 161 § 2.]
35.21.157
Findings—Declaration—1994 c 161: "The legislature finds that local
governments and private waste management companies have significantly
changed solid waste management services in an effort to preserve landfill
space and to avoid costly environmental cleanups of municipal landfills. The
legislature recognizes that these new services have enabled the state to
[Title 35 RCW—page 76]
achieve one of the nation’s highest recycling rates.
The legislature also finds that the need to pay for the cleanup of past
disposal practices and to provide new recycling services has caused solid
waste rates to increase substantially. The legislature further finds that private
solid waste collection companies regulated by the utilities and transportation
commission are required to provide public notice but that city-managed solid
waste collection systems are not. The legislature declares it to be in the public interest for city-managed systems to provide public notice of solid waste
rate increases." [1994 c 161 § 1.]
35.21.158 Collection and transportation of recyclable
materials by recycling companies or nonprofit entities—
Reuse or reclamation—Application of chapter. Nothing
in this chapter shall prevent a recycling company or nonprofit
entity from collecting and transporting recyclable materials
from a buy-back center, drop-box, or from a commercial or
industrial generator of recyclable materials, or upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation. [1989 c 431 § 33.]
35.21.158
Additional notes found at www.leg.wa.gov
35.21.160 Jurisdiction over adjacent waters. The
powers and jurisdiction of all incorporated cities and towns
of the state having their boundaries or any part thereof adjacent to or fronting on any bay or bays, lake or lakes, sound or
sounds, river or rivers, or other navigable waters are hereby
extended into and over such waters and over any tidelands
intervening between any such boundary and any such waters
to the middle of such bays, sounds, lakes, rivers, or other
waters in every manner and for every purpose that such powers and jurisdiction could be exercised if the waters were
within the city or town limits. In calculating the area of any
town for the purpose of determining compliance with the limitation on the area of a town prescribed by RCW 35.21.010,
the area over which jurisdiction is conferred by this section
shall not be included. [1969 c 124 § 1; 1965 c 7 § 35.21.160.
Prior: 1961 c 277 § 4; 1909 c 111 § 1; RRS § 8892.]
35.21.160
35.21.163 Penalty for act constituting a crime under
state law—Limitation. Except as limited by the maximum
penalty authorized by law, no city, code city, or town, may
establish a penalty for an act that constitutes a crime under
state law that is different from the penalty prescribed for that
crime by state statute. [1993 c 83 § 1.]
35.21.163
Additional notes found at www.leg.wa.gov
35.21.165 Driving while under the influence of liquor
or drug—Minimum penalties. Except as limited by the
maximum penalties authorized by law, no city or town may
establish a penalty for an act that constitutes the crime of
driving while under the influence of intoxicating liquor or
any drug, as provided in RCW 46.61.502, or the crime of
being in actual physical control of a motor vehicle while
under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504, that is less than the penalties prescribed for those crimes in RCW 46.61.5055. [1995 c 332 §
8; 1994 c 275 § 36; 1983 c 165 § 40.]
35.21.165
(2010 Ed.)
Miscellaneous Provisions
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
35.21.203
Purpose—Effective date—2010 c 271: See notes following RCW
43.330.005.
Additional notes found at www.leg.wa.gov
35.21.190 Parkways, park drives, and boulevards.
Any city or town council upon request of the board of park
commissioners, shall have authority to designate such streets
as they may see fit as parkways, park drives, and boulevards,
and to transfer all care, maintenance and improvement of the
surface thereof to the board of park commissioners, or to such
authority of such city or town as may have the care and management of the parks, parkways, boulevards and park drives
of the city.
Any city or town may acquire, either by gift, purchase or
the right of eminent domain, the right to limit the class, character and extent of traffic that may be carried on such parkways, park drives and boulevards, and to prescribe that the
improvement of the surface thereof shall be made wholly in
accordance with plans of such board of park commissioners,
but that the setting over of all such streets for such purposes
shall not in any wise limit the right and authority of the city
council to construct underneath the surface thereof any and
all public utilities nor to deprive the council of the right to
levy assessments for special benefits. In the construction of
any such utilities, any damages done to the surface of such
parkways, park drives or boulevards shall not be borne by
any park funds of such city or town. [1965 c 7 § 35.21.190.
Prior: 1911 c 98 § 57; RRS § 9410.]
35.21.190
35.21.175 Offices to be open certain days and hours.
All city and town offices shall be kept open for the transaction of business during such days and hours as the municipal
legislative authority shall by ordinance prescribe. [1965 c 7
§ 35.21.175. Prior: 1955 ex.s. c 9 § 4; prior: 1951 c 100 § 2.]
35.21.175
35.21.180 Ordinances—Adoption of codes by reference. Ordinances passed by cities or towns must be posted or
published in a newspaper as required by their respective charters or the general laws: PROVIDED, That ordinances may
by reference adopt Washington state statutes and codes,
including fire codes and ordinances relating to the construction of buildings, the installation of plumbing, the installation
of electric wiring, health and sanitation, the slaughtering, processing and selling of meats and meat products for human
consumption, the production, pasteurizing and sale of milk
and milk products, or other subjects, may adopt by reference,
any printed code or compilation, or portions thereof, together
with amendments thereof or additions thereto, on the subject
of the ordinance; and where publications of ordinances in a
newspaper is required, such Washington state statutes or
codes or other codes or compilations so adopted need not be
published therein: PROVIDED, HOWEVER, That not less
than one copy of such statute, code or compilation and
amendments and additions thereto adopted by reference shall
be filed for use and examination by the public, in the office of
the city or town clerk of said city, or town prior to adoption
thereof. Any city or town ordinance heretofore adopting any
state law or any such codes or compilations by reference are
hereby ratified and validated. [1982 c 226 § 1; 1965 c 7 §
35.21.180. Prior: 1963 c 184 § 1; 1943 c 213 § 1; 1935 c 32
§ 1; Rem. Supp. 1943 § 9199-1.]
35.21.180
Additional notes found at www.leg.wa.gov
35.21.185 Ordinances—Information pooling. (1) It is
the purpose of this section to provide a means whereby all cities and towns may obtain, through a single source, information regarding ordinances of other cities and towns that may
be of assistance to them in enacting appropriate local legislation.
(2) For the purposes of this section, (a) "clerk" means the
city or town clerk or other person who is lawfully designated
to perform the recordkeeping function of that office, and (b)
"department" means the department of commerce.
(3) The clerk of every city and town is directed to provide to the department or its designee, promptly after adoption, a copy of each of its regulatory ordinances and such
other ordinances or kinds of ordinances as may be described
in a list or lists promulgated by the department or its designee
from time to time, and may provide such copies without
charge. The department may provide that information to the
entity with which it contracts for the provision of municipal
research and services, in order to provide a pool of information for all cities and towns in the state of Washington.
(4) This section is intended to be directory and not mandatory. [2010 c 271 § 705; 1995 c 21 § 1.]
35.21.185
(2010 Ed.)
35.21.200 Residence qualifications of appointive officials and employees. Any city or town may by ordinance of
its legislative authority determine whether there shall be any
residential qualifications for any or all of its appointive officials or for preference in employment of its employees, but
residence of an employee outside the limits of such city or
town shall not be grounds for discharge of any regularly
appointed civil service employee otherwise qualified: PROVIDED, That this section shall not authorize a city or town to
change any residential qualifications prescribed in any city
charter for any appointive official or employee: PROVIDED, FURTHER, That all employees appointed prior to
the enactment of any ordinance establishing such residence
qualifications as provided herein or who shall have been
appointed or employed by such cities or towns having waived
such residential requirements shall not be discharged by reason of such appointive officials or employees having established their residence outside the limits of such city or town:
PROVIDED, FURTHER, That this section shall not authorize a city or town to change the residential requirements with
respect to employees of private public utilities acquired by
public utility districts or by the city or town. [1965 c 7 §
35.21.200. Prior: 1951 c 162 § 1; 1941 c 25 § 1; Rem. Supp.
1941 § 9213-3.]
35.21.200
35.21.203 Recall sufficiency hearing—Payment of
defense expenses. The necessary expenses of defending an
elective city or town official in a judicial hearing to determine
the sufficiency of a recall charge as provided in *RCW
29.82.023 shall be paid by the city or town if the official
requests such defense and approval is granted by the city or
town council. The expenses paid by the city or town may
include costs associated with an appeal of the decision ren35.21.203
[Title 35 RCW—page 77]
35.21.205
Title 35 RCW: Cities and Towns
dered by the superior court concerning the sufficiency of the
recall charge. [1989 c 250 § 2.]
*Reviser’s note: RCW 29.82.023 was recodified as RCW 29A.56.140
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.21.205 Liability insurance for officials and
employees. Each city or town may purchase liability insurance with such limits as it may deem reasonable for the purpose of protecting its officials and employees against liability
for personal or bodily injuries and property damage arising
from their acts or omissions while performing or in good faith
purporting to perform their official duties. [1973 c 125 § 2.]
35.21.205
Dog handler using dog in line of duty—Immunity: RCW 4.24.410.
35.21.207 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
35.21.207
35.21.209 Insurance and workers’ compensation for
offenders performing community restitution. The legislative authority of a city or town may purchase liability insurance in an amount it deems reasonable to protect the city or
town, its officers, and employees against liability for the
wrongful acts of offenders or injury or damage incurred by
offenders in the course of court-ordered community restitution, and may elect to treat offenders as employees and/or
workers under Title 51 RCW. [2002 c 175 § 30; 1984 c 24 §
1.]
35.21.209
Effective date—2002 c 175: See note following RCW 7.80.130.
Workers’ compensation coverage of offenders performing community restitution: RCW 51.12.045.
35.21.210 Sewerage, drainage, and water supply.
Any city or town shall have power to provide for the sewerage, drainage, and water supply thereof, and to establish, construct, and maintain a system or systems of sewers and drains
and a system or systems of water supply, within or without
the corporate limits of such city or town, and to control, regulate, and manage the same. In addition, any city or town
may, as part of maintaining a system of sewers and drains or
a system of water supply, or independently of such a system
or systems, participate in and expend revenue on cooperative
watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply,
water quality, and water resource and habitat protection and
management. [2003 c 327 § 11; 1965 c 7 § 35.21.210. Prior:
1911 c 98 § 3; RRS § 9354.]
35.21.210
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
35.21.215 Powers relative to systems of sewerage.
The legislative authority of any city or town may exercise all
the powers relating to systems of sewerage authorized by
RCW 35.67.010 and 35.67.020. [1997 c 447 § 14.]
35.21.215
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
35.21.217 Utility services—Deposit—Tenants’ delinquencies—Notice—Lien. (1) Prior to furnishing utility services, a city or town may require a deposit to guarantee payment for services. However, failure to require a deposit does
not affect the validity of any lien authorized by RCW
35.21.217
[Title 35 RCW—page 78]
35.21.290 or 35.67.200. A city or town may determine how
to apply partial payments on past due accounts.
(2) A city or town may provide a real property owner or
the owner’s designee with duplicates of tenant utility service
bills, or may notify an owner or the owner’s designee that a
tenant’s utility account is delinquent. However, if an owner
or the owner’s designee notifies the city or town in writing
that a property served by the city or town is a residential
rental property, asks to be notified of a tenant’s delinquency,
and has provided, in writing, a complete and accurate mailing
address, the city or town shall notify the owner or the owner’s
designee of a residential tenant’s delinquency at the same
time and in the same manner the city or town notifies the tenant of the tenant’s delinquency or by mail, and the city or
town is prohibited from collecting from the owner or the
owner’s designee any charges for electric light or power services more than four months past due. When a city or town
provides a real property owner or the owner’s designee with
duplicates of residential tenant utility service bills or notice
that a tenant’s utility account is delinquent, the city or town
shall notify the tenant that it is providing the duplicate bills or
delinquency notice to the owner or the owner’s designee.
(3) After August 1, 2010, if a city or town fails to notify
the owner of a tenant’s delinquency after receiving a written
request to do so and after receiving the other information
required by this subsection, the city or town shall have no lien
against the premises for the residential tenant’s delinquent
and unpaid charges and is prohibited from collecting the tenant’s delinquent and unpaid charges for electric light or
power services from the owner or the owner’s designee.
(4) When a utility account is in a tenant’s name, the
owner or the owner’s designee shall notify the city or town in
writing within fourteen days of the termination of the rental
agreement and vacation of the premises. If the owner or the
owner’s designee fails to provide this notice, a city or town
providing electric light or power services is not limited to collecting only up to four months of a tenant’s delinquent
charges from the owner or the owner’s designee, provided
that the city or town has complied with the notification
requirements of *subsection (3) of this section.
(5)(a) If an occupied multiple residential rental unit
receives utility service through a single utility account, if the
utility account’s billing address is not the same as the service
address of a residential rental property, or if the city or town
has been notified that a tenant resides at the service address,
the city or town shall make a good faith and reasonable effort
to provide written notice to the service address of pending
disconnection of electric power and light or water service for
nonpayment at least seven calendar days prior to disconnection. The purpose of this notice is to provide any affected
tenant an opportunity to resolve the delinquency with his or
her landlord or to arrange for continued service. If requested,
a city or town shall provide electric power and light or water
services to an affected tenant on the same terms and conditions as other residential utility customers, without requiring
that he or she pay delinquent amounts for services billed
directly to the property owner or a previous tenant except as
otherwise allowed by law and only where the city or town
offers the opportunity for the affected tenant to set up a reasonable payment plan for the delinquent amounts legally due.
If a landlord fails to pay for electric power and light or water
(2010 Ed.)
Miscellaneous Provisions
services, any tenant who requests that the services be placed
in his or her name may deduct from the rent due all reasonable charges paid by the tenant to the city or town for such
services. A landlord may not take or threaten to take reprisals
or retaliatory action as defined in RCW 59.18.240 against a
tenant who deducts from his or her rent payments made to a
city or town as provided in this subsection.
(b) Nothing in this subsection (5) affects the validity of
any lien authorized by RCW 35.21.290 or 35.67.200. Furthermore, a city or town that provides electric power and light
or water services to a residential tenant in these circumstances shall retain the right to collect from the property
owner, previous tenant, or both, any delinquent amounts due
for service previously provided to the service address if the
city or town has complied with the notification requirements
of *subsection (3) of this section when applicable. [2010 c
135 § 1; 1998 c 285 § 1.]
*Reviser’s note: The reference to subsection (3) of this section appears
to be erroneous. Subsection (2) of this section was apparently intended.
35.21.220 Sidewalks—Regulation of use of. Cities of
several classes in this state shall be empowered to regulate
the use of sidewalks within their limits, and may in their discretion and under such terms and conditions as they may
determine permit a use of the same by abutting owners, provided such use does not in their judgment unduly and unreasonably impair passage thereon, to and fro, by the public.
Such permission shall not be considered as establishing a prescriptive right, and the right may be revoked at any time by
the authorities of such cities. [1965 c 7 § 35.21.220. Prior:
1927 c 261 § 1; RRS § 9213-1.]
35.21.220
35.21.225 Transportation benefit districts. The legislative authority of a city may establish a transportation benefit district subject to the provisions of chapter 36.73 RCW.
[2005 c 336 § 22; 1989 c 53 § 2; 1987 c 327 § 3.]
35.21.225
Effective date—2005 c 336: See note following RCW 36.73.015.
Transportation benefit districts: Chapter 36.73 RCW.
Additional notes found at www.leg.wa.gov
35.21.228 Rail fixed guideway system—Safety program plan and security and emergency preparedness
plan. (1) Each city or town that owns or operates a rail fixed
guideway system as defined in RCW 81.104.015 shall submit
a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one
hundred eighty calendar days before beginning operations or
instituting revisions to its plans. These plans must describe
the city’s procedures for (a) reporting and investigating
reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and
annual safety and security audit reports, (c) facilitating onsite safety and security reviews by the state department of
transportation, and (d) addressing passenger and employee
security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation. If
required by the department, the city or town shall revise its
plans to incorporate the department’s review comments
35.21.228
(2010 Ed.)
35.21.250
within sixty days after their receipt, and resubmit its revised
plans for review.
(2) Each city or town shall implement and comply with
its system safety program plan and system security and emergency preparedness plan. The city or town shall perform
internal safety and security audits to evaluate its compliance
with the plans, and submit its audit schedule to the department of transportation no later than December 15th each
year. The city or town shall prepare an annual report for its
internal safety and security audits undertaken in the prior
year and submit it to the department no later than February
15th. This annual report must include the dates the audits
were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any corrective
actions taken as a result of the audit activity, and the results
of each audit in terms of the adequacy and effectiveness of
the plans.
(3) Each city or town shall notify the department of
transportation within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security
breach. The department may adopt rules further defining a
reportable accident, unacceptable hazardous condition, or
security breach. The city or town shall investigate all reportable accidents, unacceptable hazardous conditions, or security breaches and provide a written investigation report to the
department within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security
breach.
(4) The system security and emergency preparedness
plan required in subsection (1)(d) of this section is exempt
from public disclosure under chapter 42.56 RCW. However,
the system safety program plan as described in this section is
not subject to this exemption. [2007 c 422 § 1; 2005 c 274 §
264; 1999 c 202 § 1.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Additional notes found at www.leg.wa.gov
35.21.230 Streets over tidelands declared public
highways. All streets in any incorporated city in this state,
extending from high tide into the navigable waters of the
state, are hereby declared public highways. [1965 c 7 §
35.21.230. Prior: 1890 p 733 § 1; RRS § 9293.]
35.21.230
Public highways: Title 47 RCW.
35.21.240 Streets over tidelands—Control of. All
streets declared public highways under the provisions of
RCW 35.21.230 shall be under the control of the corporate
authorities of the respective cities. [1965 c 7 § 35.21.240.
Prior: 1890 p 733 § 2; RRS § 9294.]
35.21.240
35.21.250 Streets and alleys over first-class tidelands—Control of. All streets and alleys, which have been
heretofore or may hereafter be established upon, or across
tide and shore lands of the first class shall be under the supervision and control of the cities within whose corporate limits
such tide and shore lands are situated, to the same extent as
are all other streets and alleys of such cities. [1965 c 7 §
35.21.250. Prior: 1901 c 149 § 1; RRS § 9295.]
35.21.250
[Title 35 RCW—page 79]
35.21.260
Title 35 RCW: Cities and Towns
35.21.260 Streets—Annual report to secretary of
transportation. The governing authority of each city and
town on or before May 31st of each year shall submit such
records and reports regarding street operations in the city or
town to the secretary of transportation on forms furnished by
him or her as are necessary to enable him or her to compile an
annual report thereon. [2009 c 549 § 2042; 1999 c 204 § 1;
1984 c 7 § 19; 1977 c 75 § 29; 1965 c 7 § 35.21.260. Prior:
1943 c 82 § 12; 1937 c 187 § 64; Rem. Supp. 1943 § 645064.]
35.21.260
to the contracting association. All payments made by a public
entity under the authority of this section for all such contracts
in any one year shall not exceed twenty-five thousand dollars
or two dollars per resident within the boundaries of the public
entity, whichever is greater.
(2) A county, city, town, school district, metropolitan
park district, park and recreation district, or park and recreation service area may ratify an agreement, which qualifies
under subsection (1) of this section and was made before June
9, 1988. [1988 c 233 § 1.]
Additional notes found at www.leg.wa.gov
35.21.280
35.21.270 Streets—Records of funds received and
used for construction, repair, maintenance. The city engineer or the city clerk of each city or town shall maintain
records of the receipt and expenditure of all moneys used for
construction, repair, or maintenance of streets and arterial
highways.
To assist in maintaining uniformity in such records, the
state auditor, with the advice and assistance of the department
of transportation, shall prescribe forms and types of records
to be so maintained. [1995 c 301 § 35; 1984 c 7 § 20; 1965 c
7 § 35.21.270. Prior: 1949 c 164 § 5; Rem. Supp. 1949 §
9300-5.]
35.21.270
Additional notes found at www.leg.wa.gov
35.21.275 Street improvements—Provision of supplies or materials. Any city or town may assist a street abutter in improving the street serving the abutter’s premises by
providing asphalt, concrete, or other supplies or materials.
The furnishing of supplies or materials or paying to the abutter the cost thereof and the providing of municipal inspectors
and other incidental personnel shall not render the street
improvements a public work or improvement subject to competitive bidding. The legislative authority of such city or
town shall approve any such assistance at a public meeting
and shall maintain a public register of any such assistance setting forth the value, nature, purpose, date and location of the
assistance and the name of the beneficiary. [1983 c 103 § 1.]
35.21.275
35.21.278 Contracts with community service organizations for public improvements—Limitations. (1) Without regard to competitive bidding laws for public works, a
county, city, town, school district, metropolitan park district,
park and recreation district, or park and recreation service
area may contract with a chamber of commerce, a service
organization, a community, youth, or athletic association, or
other similar association located and providing service in the
immediate neighborhood, for drawing design plans, making
improvements to a park, school playground, or public square,
installing equipment or artworks, or providing maintenance
services for the facility as a community or neighborhood
project, and may reimburse the contracting association its
expense. The contracting association may use volunteers in
the project and provide the volunteers with clothing or tools;
meals or refreshments; accident/injury insurance coverage;
and reimbursement of their expenses. The consideration to be
received by the public entity through the value of the
improvements, artworks, equipment, or maintenance shall
have a value at least equal to three times that of the payment
35.21.278
[Title 35 RCW—page 80]
35.21.280 Tax on admissions—Exceptions. (1) Every
city and town may levy and fix a tax of not more than one
cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to any place: PROVIDED, No city or town shall impose such tax on persons
paying an admission to any activity of any elementary or secondary school or any public facility of a public facility district under chapter 35.57 or 36.100 RCW for which a tax is
imposed under RCW 35.57.100 or 36.100.210, except the
city or town may impose a tax on persons paying an admission to any activity of such public facility if the city or town
uses the admission tax revenue it collects on the admission
charges to that public facility for the construction, operation,
maintenance, repair, replacement, or enhancement of that
public facility or to develop, support, operate, or enhance
programs in that public facility.
(2) Tax authorization under this section includes a tax on
persons who are admitted free of charge or at reduced rates to
any place for which other persons pay a charge or a regular
higher charge for the same privileges or accommodations. A
city that is located in a county with a population of one million or more may not levy a tax on events in stadia constructed on or after January 1, 1995, that are owned by a public facilities district under chapter 36.100 RCW and that have
seating capacities over forty thousand. The city or town may
require anyone who receives payment for an admission
charge to collect and remit the tax to the city or town.
(3) The term "admission charge" includes:
(a) A charge made for season tickets or subscriptions;
(b) A cover charge, or a charge made for use of seats and
tables reserved or otherwise, and other similar accommodations;
(c) A charge made for food and refreshment in any place
where free entertainment, recreation or amusement is provided;
(d) A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if the rental of
the equipment or facilities is necessary to the enjoyment of a
privilege for which a general admission is charged, the combined charges shall be considered as the admission charge;
(e) Automobile parking charges if the amount of the
charge is determined according to the number of passengers
in the automobile. [2002 c 363 § 5; 1999 c 165 § 19; 1995
3rd sp.s. c 1 § 202; 1995 1st sp.s. c 14 § 8; 1965 c 7 §
35.21.280. Prior: 1957 c 126 § 1; 1951 c 35 § 1; 1943 c 80 §
1; Rem. Supp. 1943 § 8370-44a.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Miscellaneous Provisions
35.21.290 Utility services—Lien for. Except as provided in RCW 35.21.217(4), cities and towns owning their
own waterworks, or electric light or power plants shall have a
lien against the premises to which water, electric light, or
power services were furnished for four months charges therefor due or to become due, but not for any charges more than
four months past due. [2010 c 135 § 2; 1965 c 7 § 35.21.290.
Prior: 1933 c 135 § 1; 1909 c 161 § 1; RRS § 9471.]
35.21.290
35.21.300 Utility services—Enforcement of lien—
Limitations on termination of service for residential heating. (1) The lien for charges for service by a city waterworks,
or electric light or power plant may be enforced only by cutting off the service until the delinquent and unpaid charges
are paid, except that until June 30, 1991, utility service for
residential space heating may be terminated between November 15 and March 15 only as provided in subsections (2) and
(4) of this section. In the event of a disputed account and tender by the owner of the premises of the amount the owner
claims to be due before the service is cut off, the right to
refuse service to any premises shall not accrue until suit has
been entered by the city and judgment entered in the case.
(2) Utility service for residential space heating shall not
be terminated between November 15 through March 15 if the
customer:
(a) Notifies the utility of the inability to pay the bill,
including a security deposit. This notice should be provided
within five business days of receiving a payment overdue
notice unless there are extenuating circumstances. If the customer fails to notify the utility within five business days and
service is terminated, the customer can, by paying reconnection charges, if any, and fulfilling the requirements of this
section, receive the protections of this chapter;
(b) Provides self-certification of household income for
the prior twelve months to a grantee of the *department of
community, trade, and economic development which administers federally funded energy assistance programs. The
grantee shall determine that the household income does not
exceed the maximum allowed for eligibility under the state’s
plan for low-income energy assistance under 42 U.S.C. 8624
and shall provide a dollar figure that is seven percent of
household income. The grantee may verify information in the
self-certification;
(c) Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistance received will be applied to the current
bill and future utility bills;
(d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is available for the dwelling;
(e) Agrees to a payment plan and agrees to maintain the
payment plan. The plan will be designed both to pay the past
due bill by the following October 15 and to pay for continued
utility service. If the past due bill is not paid by the following
October 15, the customer shall not be eligible for protections
under this chapter until the past due bill is paid. The plan shall
not require monthly payments in excess of seven percent of
the customer’s monthly income plus one-twelfth of any
arrearage accrued from the date application is made and
thereafter during November 15 through March 15. A customer may agree to pay a higher percentage during this
35.21.300
(2010 Ed.)
35.21.300
period, but shall not be in default unless payment during this
period is less than seven percent of monthly income plus onetwelfth of any arrearage accrued from the date application is
made and thereafter. If assistance payments are received by
the customer subsequent to implementation of the plan, the
customer shall contact the utility to reformulate the plan; and
(f) Agrees to pay the moneys owed even if he or she
moves.
(3) The utility shall:
(a) Include in any notice that an account is delinquent
and that service may be subject to termination, a description
of the customer’s duties in this section;
(b) Assist the customer in fulfilling the requirements
under this section;
(c) Be authorized to transfer an account to a new residence when a customer who has established a plan under this
section moves from one residence to another within the same
utility service area;
(d) Be permitted to disconnect service if the customer
fails to honor the payment program. Utilities may continue to
disconnect service for those practices authorized by law other
than for nonpayment as provided for in this section. Customers who qualify for payment plans under this section who
default on their payment plans and are disconnected can be
reconnected and maintain the protections afforded under this
chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under
the terms of the applicable payment plan, absent default, on
the date on which service is reconnected; and
(e) Advise the customer in writing at the time it disconnects service that it will restore service if the customer contacts the utility and fulfills the other requirements of this section.
(4) All municipal utilities shall offer residential customers the option of a budget billing or equal payment plan. The
budget billing or equal payment plan shall be offered lowincome customers eligible under the state’s plan for lowincome energy assistance prepared in accordance with 42
U.S.C. 8624(C)(1) without limiting availability to certain
months of the year, without regard to the length of time the
customer has occupied the premises, and without regard to
whether the customer is the tenant or owner of the premises
occupied.
(5) An agreement between the customer and the utility,
whether oral or written, shall not waive the protections
afforded under this chapter. [1995 c 399 § 36; 1991 c 165 §
2; 1990 1st ex.s. c 1 § 1; 1987 c 356 § 1; 1986 c 245 § 1; 1985
c 6 § 3; 1984 c 251 § 1; 1965 c 7 § 35.21.300. Prior: 1909 c
161 § 2; RRS § 9472.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—1991 c 165: "The legislature finds that the health and welfare of the people of the state of Washington require that all citizens receive
essential levels of heat and electric service regardless of economic circumstance and that rising energy costs have had a negative effect on the affordability of housing for low-income citizens and have made it difficult for lowincome citizens of the state to afford adequate fuel for residential space heat.
The legislature further finds that level payment plans, the protection against
winter heating shutoff, and house weatherization programs have all been
beneficial to low-income persons." [1991 c 165 § 1.]
[Title 35 RCW—page 81]
35.21.305
Title 35 RCW: Cities and Towns
35.21.305 Utility connection charges—Waiver for
low-income persons. A city or town, including a code city,
that owns or operates an electric or gas utility may waive connection charges for properties purchased by low-income persons from organizations exempt from tax under section
501(c)(3) of the federal internal revenue code as amended
prior to July 23, 1995. Waivers of connection charges for the
same class of electric or gas utility service must be uniformly
applied to all qualified property. Nothing in this section
authorizes the impairment of a contract. [1995 c 140 § 1.]
35.21.305
35.21.310 Removal of overhanging or obstructing
vegetation—Removal, destroying debris. Any city or town
may by general ordinance require the owner of any property
therein to remove or destroy all trees, plants, shrubs or vegetation, or parts thereof, which overhang any sidewalk or
street or which are growing thereon in such manner as to
obstruct or impair the free and full use of the sidewalk or
street by the public; and may further so require the owner of
any property therein to remove or destroy all grass, weeds,
shrubs, bushes, trees or vegetation growing or which has
grown and died, and to remove or destroy all debris, upon
property owned or occupied by them and which are a fire
hazard or a menace to public health, safety or welfare. The
ordinance shall require the proceedings therefor to be initiated by a resolution of the governing body of the city or town,
adopted after not less than five days’ notice to the owner,
which shall describe the property involved and the hazardous
condition, and require the owner to make such removal or
destruction after notice given as required by said ordinance.
The ordinance may provide that if such removal or destruction is not made by the owner after notice given as required
by the ordinance in any of the above cases, that the city or
town will cause the removal or destruction thereof and may
also provide that the cost to the city or town shall become a
charge against the owner of the property and a lien against the
property. Notice of the lien herein authorized shall as nearly
as practicable be in substantially the same form, filed with the
same officer within the same time and manner, and enforced
and foreclosed as is provided by law for liens for labor and
materials.
The provisions of this section are supplemental and additional to any other powers granted or held by any city or town
on the same or a similar subject. [1969 c 20 § 1; 1965 c 7 §
35.21.310. Prior: 1949 c 113 § 1; Rem. Supp. 1949 § 921310.]
35.21.310
Weeds, duty of city or town, extermination areas: RCW 17.04.160.
35.21.315 Amateur radio antennas—Local regulation to conform with federal law. No city or town shall
enact or enforce an ordinance or regulation that fails to conform to the limited preemption entitled "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" issued by the federal
communications commission. An ordinance or regulation
adopted by a city or town with respect to amateur radio antennas shall conform to the limited federal preemption, that
states local regulations that involve placement, screening, or
height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the minimal practica35.21.315
[Title 35 RCW—page 82]
ble regulation to accomplish the local authority’s legitimate
purpose. [1994 c 50 § 1.]
Additional notes found at www.leg.wa.gov
35.21.320 Warrants—Interest rate—Payment. All
city and town warrants shall draw interest from and after their
presentation to the treasurer, but no compound interest shall
be paid on any warrant directly or indirectly. The city or town
treasurer shall pay all warrants in the order of their number
and date of issue whenever there are sufficient funds in the
treasury applicable to the payment. If five hundred dollars (or
any sum less than five hundred dollars as may be prescribed
by ordinance) is accumulated in any fund having warrants
outstanding against it, the city or town treasurer shall publish
a call for warrants to that amount in the next issue of the official newspaper of the city or town. The notice shall describe
the warrants so called by number and specifying the fund
upon which they were drawn: PROVIDED, That no call
need be made until the amount accumulated is equal to the
amount due on the warrant longest outstanding: PROVIDED
FURTHER, That no more than two calls shall be made in any
one month.
Any city or town treasurer who knowingly fails to call
for or pay any warrant in accordance with the provisions of
this section shall be fined not less than twenty-five dollars nor
more than five hundred dollars and conviction thereof shall
be sufficient cause for removal from office. [1985 c 469 §
20; 1965 c 7 § 35.21.320. Prior: (i) 1893 c 48 § 1, part; RRS
§ 4116, part. (ii) 1895 c 152 § 2, part; RRS § 4119, part. (iii)
1895 c 152 § 1, part; RRS § 4118, part.]
35.21.320
35.21.333 Chief of police or marshal—Eligibility
requirements. (1) A person seeking appointment to the
office of chief of police or marshal, of a city or town, including a code city, with a population in excess of one thousand,
is ineligible unless that person:
(a) Is a citizen of the United States of America;
(b) Has obtained a high school diploma or general equivalency diploma;
(c) Has not been convicted under the laws of this state,
another state, or the United States of a felony;
(d) Has not been convicted of a gross misdemeanor or
any crime involving moral turpitude within five years of the
date of application;
(e) Has received at least a general discharge under honorable conditions from any branch of the armed services for
any military service if the person was in the military service;
(f) Has completed at least two years of regular, uninterrupted, full-time commissioned law enforcement employment involving enforcement responsibilities with a government law enforcement agency; and
(g) The person has been certified as a regular and commissioned enforcement officer through compliance with this
state’s basic training requirement or equivalency.
(2) A person seeking appointment to the office of chief
of police or marshal, of a city or town, including a code city,
with a population of one thousand or less, is ineligible unless
that person conforms with the requirements of subsection (1)
(a) through (e) of this section. A person so appointed as chief
of police or marshal must successfully complete the state’s
35.21.333
(2010 Ed.)
Miscellaneous Provisions
basic training requirement or equivalency within nine months
after such appointment, unless an extension has been granted
by the criminal justice training commission.
(3) A person seeking appointment to the office of chief
of police or marshal shall provide a sworn statement under
penalty of perjury to the appointing authority stating that the
person meets the requirements of this section. [1987 c 339 §
4.]
Intent—1987 c 339: "The intent of this act is to require certain qualifications for candidates for the office of chief of police or marshal, which position in whole or in part oversees law enforcement personnel or activities for
a city or town.
The legislature finds that over the past century the field of law enforcement has become increasingly complex and many new techniques and
resources have evolved both socially and technically. In addition the everchanging requirements of law, both constitutional and statutory provisions
protecting the individual and imposing responsibilities and legal liabilities of
law enforcement officers and the government of which they represent,
require an increased level of training and experience in the field of law
enforcement.
The legislature, therefore finds that minimum requirements are reasonable and necessary to seek and hold the offices or office of chief of police or
marshal, and that such requirements are in the public interest." [1987 c 339
§ 3.]
Additional notes found at www.leg.wa.gov
35.21.334 Chief of police or marshal—Background
investigation. Before making an appointment in the office of
chief of police or marshal, the appointing agency shall complete a thorough background investigation of the candidate.
The Washington association of sheriffs and police chiefs
shall develop advisory procedures which may be used by the
appointing authority in completing its background investigation of candidates for the office of chief of police or marshal.
[1987 c 339 § 5.]
35.21.334
Intent—Severability—Effective date—1987 c 339: See notes following RCW 35.21.333.
35.21.335 Chief of police or marshal—Vacancy. In
the case of a vacancy in the office of chief of police or marshal, all requirements and procedures of RCW 35.21.333 and
35.21.334 shall be followed in filling the vacancy. [1987 c
339 § 6.]
35.21.335
Intent—Severability—Effective date—1987 c 339: See notes following RCW 35.21.333.
35.21.340 Cemeteries and funeral facilities.
chapter 68.52 RCW.
35.21.340
See
35.21.350 Civil service in police and fire departments. See Title 41 RCW.
35.21.350
35.21.360 Eminent domain by cities and towns. See
chapter 8.12 RCW.
35.21.360
35.21.370 Joint county and city hospitals. See chapter 36.62 RCW.
35.21.370
35.21.407
buildings and related improvements.
36.64.070.
See RCW
35.21.390 Public employment, civil service and pensions. See Title 41 RCW.
35.21.390
35.21.392 Contractors—Authority of city to verify
registration and report violations. A city that issues a business license to a person required to be registered under chapter 18.27 RCW may verify that the person is registered under
chapter 18.27 RCW and report violations to the department
of labor and industries. The department of licensing shall
conduct the verification for cities that participate in the master license system. [2009 c 432 § 2.]
35.21.392
Report—2009 c 432: See note following RCW 18.27.062.
35.21.395 Historic preservation—Authorization to
acquire property, borrow money, issue bonds, etc. Any
city or town may acquire title to or any interest in real and
personal property for the purpose of historic preservation and
may restore, improve, maintain, manage, and lease the property for public or private use and may enter into contracts,
borrow money, and issue bonds and other obligations for
such purposes. This authorization shall not expand the eminent domain powers of cities or towns. [1984 c 203 § 3.]
35.21.395
Additional notes found at www.leg.wa.gov
35.21.400 City may acquire property for parks, recreational, viewpoint, greenbelt, conservation, historic,
scenic, or view purposes. See RCW 36.34.340.
35.21.400
35.21.403 Authority to establish lake and beach management districts. Any city or town may establish lake and
beach management districts within its boundaries as provided
in chapter 36.61 RCW. When a city or town establishes a
lake or beach management district pursuant to chapter 36.61
RCW, the term "county legislative authority" shall be
deemed to mean the city or town governing body, the term
"county" shall be deemed to mean the city or town, and the
term "county treasurer" shall be deemed to mean the city or
town treasurer or other fiscal officer. [2008 c 301 § 28; 1985
c 398 § 27.]
35.21.403
35.21.404 Fish enhancement project—City’s or
town’s liability. A city or town is not liable for adverse
impacts resulting from a fish enhancement project that meets
the criteria of *RCW 77.55.290 and has been permitted by
the department of fish and wildlife. [2003 c 39 § 14; 1998 c
249 § 9.]
35.21.404
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
35.21.380 Joint county and city buildings. See chapter 36.64 RCW.
35.21.405 Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels,
public sale. See RCW 53.08.310 and 53.08.320.
35.21.385 Counties with a population of two hundred
ten thousand or more may contract with cities concerning
35.21.407 Abandoned or derelict vessels. Any city or
town has the authority, subject to the processes and limitation
35.21.405
35.21.380
35.21.385
(2010 Ed.)
35.21.407
[Title 35 RCW—page 83]
35.21.410
Title 35 RCW: Cities and Towns
outlined in chapter 79.100 RCW, to store, strip, use, auction,
sell, salvage, scrap, or dispose of an abandoned or derelict
vessel found on or above publicly or privately owned aquatic
lands within the jurisdiction of the city or town. [2002 c 286
§ 15.]
Severability—Effective date—2002 c 286: See RCW 79.100.900 and
79.100.901.
35.21.410 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
35.21.410
35.21.412 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.21.412
35.21.415 Electrical utilities—Civil immunity of officials and employees for good faith mistakes and errors of
judgment. Officials and employees of cities and towns shall
be immune from civil liability for mistakes and errors of
judgment in the good faith performance of acts within the
scope of their official duties involving the exercise of judgment and discretion which relate solely to their responsibilities for electrical utilities. This grant of immunity shall not be
construed as modifying the liability of the city or town.
[1983 1st ex.s. c 48 § 1.]
35.21.415
Additional notes found at www.leg.wa.gov
35.21.417 Hydroelectric reservoir extending across
international boundary—Agreement with Province of
British Columbia. To carry out a treaty between the United
States of America and Canada, a city that maintains hydroelectric facilities with a reservoir which extends across the
international boundary, may enter into an agreement with the
Province of British Columbia for enhancing recreational
opportunities and protecting environmental resources of the
watershed of the river or rivers which forms the reservoir.
The agreement may provide for establishment of and payments into an environmental endowment fund and establishment of an administering commission to implement the purpose of the treaty and the agreement. [1984 c 1 § 1.]
35.21.417
35.21.418 Hydroelectric reservoir extending across
international boundary—Commission—Powers. A commission, established by an agreement between a Washington
municipality and the Province of British Columbia to carry
out a treaty between the United States of America and Canada as authorized in RCW 35.21.417, shall be public and
shall have all powers and capacity necessary and appropriate
for the purposes of performing its functions under the agreement, including, but not limited to, the following powers and
capacity: To acquire and dispose of real property other than
by condemnation; to enter into contracts; to sue and be sued
in either Canada or the United States; to establish an endowment fund in either or both the United States and Canada and
to invest the endowment fund in either or both countries; to
solicit, accept, and use donations, grants, bequests, or devises
intended for furthering the functions of the endowment; to
adopt such rules or procedures as it deems desirable for per35.21.418
[Title 35 RCW—page 84]
forming its functions; to engage advisors and consultants; to
establish committees and subcommittees; to adopt rules for
its governance; to enter into agreements with public and private entities; and to engage in activities necessary and appropriate for implementing the agreement and the treaty.
The endowment fund and commission may not be subject to state or local taxation. A commission, so established,
may not be subject to statutes and laws governing Washington cities and municipalities in the conduct of its internal
affairs: PROVIDED, That all commission members
appointed by the municipality shall comply with chapter
42.52 RCW, and: PROVIDED FURTHER, That all commission meetings held within the state of Washington shall
be held in compliance with chapter 42.30 RCW. All obligations or liabilities incurred by the commission shall be satisfied exclusively from its own assets and insurance. [1994 c
154 § 309; 1984 c 1 § 2.]
Additional notes found at www.leg.wa.gov
35.21.420
35.21.420 Utilities—City may support county in
which generating plant located—Cities with a population
greater than five hundred thousand responsible for
impact payments and arrearages—Arbitration. (1) Any
city owning and operating a public utility and having facilities for the generation of electricity located in a county other
than that in which the city is located, may provide for the
public peace, health, safety and welfare of such county as
concerns the facilities and the personnel employed in connection therewith, by contributing to the support of the county
government of any such county and enter into contracts with
any such county therefor.
(2)(a) Any city with a population greater than five hundred thousand people owning and operating a public utility
and having facilities for the generation of electricity located
in a county other than that in which the city is located, must
provide for the impacts of lost revenue and the public peace,
health, safety, and welfare of such county as concerns the
facilities and the personnel employed in connection therewith, by contributing to the support of the county, city, or
town government and school district of any such county and
enter into contracts with any such county therefor as specified in RCW 35.21.425.
(b)(i) In the event a contract entered into under this section between a county and the governing body of a city with
a population greater than five hundred thousand people
authorized or required under this section expires prior to the
adoption of a new contract between the parties, the city must
continue to make compensatory payments calculated based
on the payment terms set forth in the most recent expired
compensation contract between the city and the county until
such time as a new contract is entered into by the parties.
(ii) In the event a contract entered into under this section
between a county and the governing body of a city with a
population greater than five hundred thousand people expired
prior to June 10, 2010, the city shall be indebted to the county
for any resulting arrearage accruing from the time of the expiration of the contract until such time as a new contract is
entered into by the parties. The dollar amount of such arrearage shall be calculated retroactively by reference to the pay(2010 Ed.)
Miscellaneous Provisions
ment terms set forth in the most recent expired compensation
contract between the city and the county.
(c) In the event a contract entered into under this section
between a county and the governing body of a city with a
population greater than five hundred thousand people
expires, or has expired prior to June 10, 2010, and the county
and the city are unable to reach agreement on a new contract
within six months of such expiration, then either the county
or the city may initiate the arbitration procedures set forth in
RCW 35.21.426 by serving a written notice of intent to arbitrate on the other. Arbitration must commence within sixty
days of service of such notice, and must follow the arbitration
procedures as provided in RCW 35.21.426. The city is
responsible for the costs of arbitration, including compensation for the arbitrators’ services, except that the city and the
county shall bear their own costs for attorneys’ fees and their
own costs of litigation. [2010 c 199 § 1; 1965 c 7 §
35.21.420. Prior: 1951 c 104 § 1.]
35.21.422
35.21.422 Utilities—Cities in a county with a population of two hundred ten thousand or more west of Cascades may support cities, towns, counties and taxing districts in which facilities located. Any city, located within a
county with a population of two hundred ten thousand or
more west of the Cascades, owning and operating a public
utility and having facilities for the distribution of electricity
located outside its city limits, may provide for the support of
cities, towns, counties and taxing districts in which such
facilities are located, and enter into contracts with such
county therefor. Such contribution shall be based upon the
amount of retail sales of electricity, other than to governmental agencies, made by such city in the areas of such cities,
towns, counties or taxing districts in which such facilities are
located, and shall be divided among them on the same basis
as taxes on real and personal property therein are divided.
[1991 c 363 § 38; 1967 ex.s. c 52 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
35.21.425
35.21.425 City constructing generating facility in
other county—Reimbursement of county or school district—Reimbursement by cities with a population greater
than five hundred thousand. (1) Except as provided in subsection (2) of this section, whenever after March 17, 1955,
any city shall construct hydroelectric generating facilities or
acquire land for the purpose of constructing the same in a
county other than the county in which such city is located,
and by reason of such construction or acquisition shall (1)
cause loss of revenue and/or place a financial burden in providing for the public peace, health, safety, welfare, and added
road maintenance in such county, in addition to road construction or relocation as set forth in RCW 90.28.010 and/or
(2) shall cause any loss of revenues and/or increase the financial burden of any school district affected by the construction
because of an increase in the number of pupils by reason of
the construction or the operation of said generating facilities,
the city shall enter into an agreement with said county and/or
the particular school district or districts affected for the payment of moneys to recompense such losses or to provide for
such increased financial burden, upon such terms and condi(2010 Ed.)
35.21.426
tions as may be mutually agreeable to the city and the county
and/or school district or districts.
(2)(a) Whenever after March 17, 1955, a municipal
owned utility located in a city with a population greater than
five hundred thousand people constructs or operates hydroelectric generating facilities or acquires land for the purpose
of constructing or operating the same in a county other than
the county in which the city is located must enter into an
agreement with the county affected for the annual payment of
moneys to recompense such losses, as provided under subsection (1) of this section.
(b)(i) In the event an agreement entered into under this
section between a county and the governing body of either a
city with a population greater than five hundred thousand
people or a municipal utility owned by a city with a population greater than five hundred thousand people expires prior
to the adoption of a new agreement between the parties, the
city or utility must continue to make compensatory payments
calculated based on the payment terms set forth in the most
recent expired compensation contract between the city and
the county until such time as a new agreement is entered into
by the parties.
(ii) In the event an agreement entered into under this section between a county and the governing body of either a city
with a population greater than five hundred thousand people
or a municipal utility owned by a city with a population
greater than five hundred thousand people expired prior to
June 10, 2010, the city shall be indebted to the county for any
resulting arrearage accruing from the time of the expiration of
the agreement until such time as a new agreement is entered
into by the parties. The dollar amount of such arrearage shall
be calculated retroactively by reference to the payment terms
set forth in the most recent expired compensation agreement
between the city and the county.
(c) In the event an agreement entered into under this section between a county and the governing body of either a city
with a population greater than five hundred thousand people
or a municipal utility owned by a city with a population
greater than five hundred thousand people expires, or has
expired prior to June 10, 2010, and the county and the city are
unable to reach agreement on a new agreement within six
months of such expiration, then either the county or the city
may initiate the arbitration procedures set forth in RCW
35.21.426 by serving a written notice of intent to arbitrate on
the other. Arbitration must commence within sixty days of
service of such notice, and must follow the arbitration procedures as provided in RCW 35.21.426. The city is responsible
for the costs of arbitration, including compensation for the
arbitrators’ services, and the city and the county shall bear
their own costs for attorneys’ fees and their own costs of litigation. [2010 c 199 § 2; 1965 c 7 § 35.21.425. Prior: 1955
c 252 § 1.]
35.21.426 City constructing generating facility in
other county—Notice of loss—Negotiations—Arbitration. Whenever a county or school district affected by the
project sustains such financial loss or is affected by an
increased financial burden as above set forth or it appears that
such a financial loss or burden will occur beginning not later
than within the next three months, such county or school district shall immediately notify the city in writing setting forth
35.21.426
[Title 35 RCW—page 85]
35.21.427
Title 35 RCW: Cities and Towns
the particular losses or increased burden and the city shall
immediately enter into negotiations to effect a contract. In the
event the city and the county or school district are unable to
agree upon terms and conditions for such contract, then in
that event, within sixty days after such notification, the matter shall be submitted to a board of three arbitrators, one of
whom shall be appointed by the city council of the city concerned; one by the board of county commissioners for the
county concerned or by the school board for the school district concerned, and one by the two arbitrators so appointed.
In the event such arbitrators are unable to agree on a third
arbitrator within ten days after their appointment then the
third arbitrator shall be selected by the state auditor. The
board of arbitrators shall determine the loss of revenue and/or
the cost of the increased financial burden placed upon the
county or school district and its findings shall be binding
upon such city and county or school district and the parties
shall enter into a contract for reimbursement by the city in
accordance with such findings, with the payment under such
findings to be retroactive to the date when the city was first
notified in writing. [1965 c 7 § 35.21.426. Prior: 1955 c 252
§ 2.]
35.21.427 City constructing generating facility in
other county—Additional findings—Renegotiation. The
findings provided for in RCW 35.21.426 may also provide
for varying payments based on formulas to be stated in the
findings, and for varying payments for different stated periods. The findings shall also state a future time at which the
agreement shall be renegotiated or, in event of failure to
agree on such renegotiation, be arbitrated as provided in
RCW 35.21.426. [1965 c 7 § 35.21.427. Prior: 1955 c 252 §
3.]
35.21.427
35.21.430 Utilities—City may pay taxing districts
involved after acquisition of private power facilities. On
and after January 1, 1951, whenever a city or town shall
acquire electric generation, transmission and/or distribution
properties which at the time of acquisition were in private
ownership, the legislative body thereof may each year order
payments made to all taxing districts within which any part of
the acquired properties are located, in amounts not greater
than the taxes, exclusive of excess levies voted by the people
and/or levies made for the payment of bonded indebtedness
pursuant to the provisions of Article VII, section 2 of the
Constitution of this state, as now or hereafter amended,
and/or by statutory provision, imposed on such properties in
the last tax year in which said properties were in private ownership. [1973 1st ex.s. c 195 § 15; 1965 c 7 § 35.21.430.
Prior: 1951 c 217 § 1.]
35.21.430
Additional notes found at www.leg.wa.gov
35.21.440 Utilities—Additional payments to school
districts having bonded indebtedness. In the event any
portion of such property shall be situated in any school district which, at the time of acquisition, has an outstanding
bonded indebtedness, the city or town may in addition to the
payments authorized in RCW 35.21.430, make annual payments to such school district which shall be applied to the
retirement of the principal and interest of such bonds. Such
35.21.440
[Title 35 RCW—page 86]
payments shall be computed in the proportion which the
assessed valuation of utility property so acquired shall bear to
the total assessed valuation of the district at the time of the
acquisition. [1965 c 7 § 35.21.440. Prior: 1951 c 217 § 2.]
35.21.450 Utilities—Payment of taxes. Annual payments shall be ordered by an ordinance or ordinances of the
legislative body. The ordinance shall further order a designated officer to notify in writing the county assessor of each
county in which any portion of such property is located, of
the city’s intention to make such payments. The county assessor shall thereupon enter upon the tax rolls of the county the
amount to which any taxing district of the county is entitled
under the provisions of RCW 35.21.430 to 35.21.450, inclusive; and upon delivery of the tax rolls to the county treasurer
as provided by law, the amount of the tax as hereinbefore
authorized and determined shall become due and payable by
the city or town the same as real property taxes. [1965 c 7 §
35.21.450. Prior: 1951 c 217 § 3.]
35.21.450
35.21.455 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of carrying
electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but
not limited to cable, and any related device, apparatus, or
auxiliary equipment upon any pole owned or controlled in
whole or in part by one or more locally regulated utilities
where the installation has been made with the necessary consent.
(b) "Locally regulated utility" means a city owning and
operating an electric utility not subject to rate or service regulation by the utilities and transportation commission.
(c) "Nondiscriminatory" means that pole owners may not
arbitrarily differentiate among or between similar classes of
persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space
rental rates that are uniform for the same class of service
within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally
regulated utilities. [1996 c 32 § 3.]
35.21.455
35.21.465 Crop purchase contracts for dedicated
energy crops. In addition to any other authority provided by
law, public development authorities are authorized to enter
into crop purchase contracts for a dedicated energy crop for
the purposes of producing, selling, and distributing biodiesel
produced from Washington state feedstocks, cellulosic ethanol, and cellulosic ethanol blend fuels. [2007 c 348 § 208.]
35.21.465
Findings—Part headings not law—2007 c 348: See RCW 43.325.005
and 43.325.903.
35.21.470 Building construction projects—City or
town prohibited from requiring state agencies or local
35.21.470
(2010 Ed.)
Miscellaneous Provisions
governments to provide bond or other security as a condition for issuance of permit. A city or town may not require
any state agency or unit of local government to secure the
performance of a permit requirement with a surety bond or
other financial security device, including cash or assigned
account, as a condition of issuing a permit to that unit of local
government for a building construction project.
As used in this section, "building construction project"
includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access alteration, or other amenities or alterations necessarily associated
with the project. [1993 c 439 § 1.]
35.21.475 Statement of restrictions applicable to real
property. (1) A property owner may make a written request
for a statement of restrictions applicable to a single parcel,
tract, lot, or block of real property to the city or town in which
the real property is located.
(2) Within thirty days of the receipt of the request, the
city or town shall provide the owner with a statement of
restrictions as described in subsection (3) of this section.
(3) The statement of restrictions shall include the following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property; and
(c) Any designations made by the city or town pursuant
to chapter 36.70A RCW of any portion of the real property as
agricultural land, forest land, mineral resource land, wetland,
an area with a critical recharging effect on aquifers used for
potable water, a fish and wildlife habitat conservation area, a
frequently flooded area, and as a geological hazardous area.
(4) If a city or town fails to provide the statement of
restrictions within thirty days after receipt of the written
request, the owner shall be awarded recovery of all attorneys’
fees and costs incurred in any successful application for a
writ of mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person
holding the buyer’s interest under a recorded real estate contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block: (i)
Containing a single-family residence that is occupied by the
owner or a member of his or her family, or rented to another
by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or
development rights.
Nothing in this section shall be deemed to create any liability on the part of a city or town to pay damages for a violation of this section. [1996 c 206 § 6.]
35.21.475
35.21.540
language of such ordinances, but without changing the meaning of any such ordinance.
(2) Substituting for the term "this ordinance," where necessary the term "section," "part," "code," "chapter," "title," or
reference to specific section or chapter numbers, as the case
may require.
(3) Correcting manifest errors in reference to other ordinances, laws and statutes, and manifest spelling, clerical or
typographical errors, additions, or omissions.
(4) Dividing long sections into two or more sections and
rearranging the order of sections to insure a logical arrangement of subject matter.
(5) Changing the wording of section captions, if any, and
providing captions to new chapters and sections.
(6) Striking provisions manifestly obsolete and eliminating conflicts and inconsistencies so as to give effect to the
legislative intent. [1965 c 7 § 35.21.500. Prior: 1957 c 97 §
1.]
35.21.510 Compilation, codification, revision of city
or town ordinances—Authorized. Any city or town may
prepare or cause to be prepared a codification of its ordinances. [1965 c 7 § 35.21.510. Prior: 1957 c 97 § 2.]
35.21.510
35.21.520 Compilation, codification, revision of city
or town ordinances—Adoption as official code of city.
Any city or town having heretofore prepared or caused to be
prepared, or now preparing or causing to be prepared, or that
hereafter prepares or causes to be prepared, a codification of
its ordinances may adopt such codification by enacting an
ordinance adopting such codification as the official code of
the city, provided the procedure and requirements of RCW
35.21.500 through 35.21.570 are complied with. [1965 c 7 §
35.21.520. Prior: 1957 c 97 § 3.]
35.21.520
35.21.530 Compilation, codification, revision of city
or town ordinances—Filing—Notice of hearing. When a
city or town codifies its ordinances, it shall file a typewritten
or printed copy of the codification in the office of the city or
town clerk. After the first reading of the title of the adopting
ordinance and of the title of the code to be adopted thereby,
the legislative body of the city or town shall schedule a public
hearing thereon. Notice of the hearing shall be published
once not more than fifteen nor less than ten days prior to the
hearing in the official newspaper of the city, indicating that
its ordinances have been compiled, or codified and that a
copy of such compilation or codification is on file in the city
or town clerk’s office for inspection. The notice shall state
the time and place of the hearing. [1985 c 469 § 21; 1965 c 7
§ 35.21.530. Prior: 1957 c 97 § 4.]
35.21.530
Findings—1996 c 206: See note following RCW 43.05.030.
Additional notes found at www.leg.wa.gov
35.21.500 Compilation, codification, revision of city
or town ordinances—Scope of codification. "Codification"
means the editing, rearrangement and/or grouping of ordinances under appropriate titles, parts, chapters and sections
and includes but is not limited to the following:
(1) Editing ordinances to the extent deemed necessary or
desirable, for the purpose of modernizing and clarifying the
35.21.500
(2010 Ed.)
35.21.540 Compilation, codification, revision of city
or town ordinances—Legislative body may amend, adopt,
or reject adopting ordinance—When official code. After
the hearing, the legislative body may amend, adopt, or reject
the adopting ordinance in the same manner in which it is
empowered to act in the case of other ordinances. Upon the
enactment of such adopting ordinance, the codification shall
be the official code of ordinances of the city or town. [1965
c 7 § 35.21.540. Prior: 1957 c 97 § 5.]
35.21.540
[Title 35 RCW—page 87]
35.21.550
Title 35 RCW: Cities and Towns
35.21.550 Compilation, codification, revision of city
or town ordinances—Copies as proof of ordinances. Copies of such codes in published form shall be received without
further proof as the ordinances of permanent and general
effect of the city or town in all courts and administrative tribunals of this state. [1965 c 7 § 35.21.550. Prior: 1957 c 97
§ 6.]
35.21.550
Ordinances, admissibility as evidence: RCW 5.44.080.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance. [1994 sp.s. c 7 § 502.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
35.21.640 Conferences to study regional and governmental problems, counties and cities may establish. See
RCW 36.64.080.
35.21.640
35.21.650 Prepayment of taxes or assessments authorized. All moneys, assessments and taxes belonging to or
collected for the use of any city or town, including any
amounts representing estimates for future assessments and
taxes, may be deposited by any taxpayer prior to the due date
thereof with the treasurer or other legal depository for the
benefit of the funds to which they belong to be credited
against any future tax or assessment that may be levied or
become due from the taxpayer: PROVIDED, That the taxpayer may with the concurrence of the treasurer designate a
particular fund of such city or town against which such prepayment of tax or assessment is made. [1967 ex.s. c 66 § 1.]
35.21.650
35.21.560 Compilation, codification, revision of city
or town ordinances—Adoption of new material. New
material shall be adopted by the city or town legislative body
as separate ordinances prior to the inclusion thereof in such
codification: PROVIDED, That any ordinance amending the
codification shall set forth in full the section or sections, or
subsection or subsections of the codification being amended,
as the case may be, and this shall constitute a sufficient compliance with any statutory or charter requirement that no ordinance or any section thereof shall be revised or amended
unless the new ordinance sets forth the revised ordinance or
amended section in full. [1965 c 7 § 35.21.560. Prior: 1961
c 70 § 1; 1957 c 97 § 7.]
35.21.560
35.21.570 Compilation, codification, revision of city
or town ordinances—Codification satisfies single subject,
title, and amendment requirements of statute or charter.
When a city or town shall make a codification of its ordinances in accordance with RCW 35.21.500 through
35.21.570 that shall constitute a sufficient compliance with
any statutory or charter requirements that no ordinance shall
contain more than one subject which shall be clearly
expressed in its title and that no ordinance or any section
thereof shall be revised or amended unless the new ordinance
sets forth the revised ordinance or amended section in full.
[1965 c 7 § 35.21.570. Prior: 1957 c 97 § 8.]
35.21.570
35.21.590 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. See RCW 39.30.010.
35.21.590
35.21.660 Demonstration Cities and Metropolitan
Development Act—Agreements with federal government—Scope of authority. Notwithstanding any other provision of law, all cities shall have the power and authority to
enter into agreements with the United States or any department or agency thereof, to carry out the purposes of the Demonstration Cities and Metropolitan Development Act of 1966
(PL 89-754; 80 Stat. 1255), and to plan, organize and administer programs provided for in such contracts. This power and
authority shall include, but not be limited to, the power and
authority to create public corporations, commissions and
authorities to perform duties arising under and administer
programs provided for in such contracts and to limit the liability of said public corporations, commissions, and authorities, in order to prevent recourse to such cities, their assets, or
their credit. [1971 ex.s. c 177 § 5; 1970 ex.s. c 77 § 1.]
35.21.660
Establishment of public corporations to administer federal grants and programs: RCW 35.21.730 through 35.21.755.
35.21.670 Demonstration Cities and Metropolitan
Development Act—Powers and limitations of public corporations, commissions or authorities created. Any public
corporation, commission or authority created as provided in
RCW 35.21.660, may be empowered to own and sell real and
personal property; to contract with individuals, associations
and corporations, and the state and the United States; to sue
and be sued; to loan and borrow funds; to do anything a natural person may do; and to perform all manner and type of
community services and activities in furtherance of an agreement by a city or by the public corporation, commission or
authority with the United States to carry out the purposes of
the Demonstration Cities and Metropolitan Development Act
of 1966: PROVIDED, That
(1) All liabilities incurred by such public corporation,
commission or authority shall be satisfied exclusively from
the assets and credit of such public corporation, commission
or authority; and no creditor or other person shall have any
recourse to the assets, credit or services of the municipal corporation creating the same on account of any debts, obliga35.21.670
35.21.630 Youth agencies—Establishment authorized. Any city, town, or county may establish a youth
agency to investigate, advise and act on, within the powers of
that municipality, problems relating to the youth of that community, including employment, educational, economic and
recreational opportunities, juvenile delinquency and dependency, and other youth problems and activities as that municipality may determine. Any city, town, or county may contract with any other city, town, or county to jointly establish
such a youth agency. [1965 ex.s. c 84 § 5.]
35.21.630
35.21.635 Juvenile curfews. (1) Any city or town has
the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or
against juveniles that are occurring at such rates as to be
beyond the capacity of the police to assure public safety,
establishing times and conditions under which juveniles may
be present on the public streets, in the public parks, or in any
other public place during specified hours.
35.21.635
[Title 35 RCW—page 88]
(2010 Ed.)
Miscellaneous Provisions
tions or liabilities of such public corporation, commission or
authority;
(2) Such public corporation, commission or authority
shall have no power of eminent domain nor any power to levy
taxes or special assessments;
(3) The name, the organization, the purposes and scope
of activities, the powers and duties of the officers, and the
disposition of property upon dissolution of such public corporation, commission or authority shall be set forth in its
charter of incorporation or organization, or in a general ordinance of the city or both. [1971 ex.s. c 177 § 7.]
35.21.680 Participation in Economic Opportunity
Act programs. The legislative body of any city or town, is
hereby authorized and empowered in its discretion by resolution or ordinance passed by a majority of the legislative body,
to take whatever action it deems necessary to enable the city
or town to participate in the programs set forth in the Economic Opportunity Act of 1964 (Public Law 88-452; 78 Stat.
508), as amended. Such participation may be engaged in as a
sole city or town operation or in conjunction or cooperation
with the state, any other city or town, county, or municipal
corporation, or any private corporation qualified under said
Economic Opportunity Act. [1971 ex.s. c 177 § 3.]
35.21.680
35.21.684 Authority to regulate placement or use of
homes—Regulation of manufactured homes—Issuance of
p e rm it s — R e s t ri c t i o n s o n l o ca t i o n o f m a n u f a c tured/mobile homes and entry or removal of recreational
vehicles used as primary residences. (1) A city or town
may not adopt an ordinance that has the effect, directly or
indirectly, of discriminating against consumers’ choices in
the placement or use of a home in such a manner that is not
equally applicable to all homes. Homes built to 42 U.S.C.
Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site
built homes, factory built homes, or homes built to any other
state construction or local design standard. However, except
as provided in subsection (2) of this section, any city or town
may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent
foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed
by concrete or an approved concrete product which can be
either load bearing or decorative;
(c) The manufactured home comply with all local design
standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy
code; and
(e) The manufactured home otherwise meets all other
requirements for a designated manufactured home as defined
in RCW 35.63.160.
A city with a population of one hundred thirty-five thousand or more may choose to designate its building official as
the person responsible for issuing all permits, including
department of labor and industries permits issued under chapter 43.22 RCW in accordance with an interlocal agreement
under chapter 39.34 RCW, for alterations, remodeling, or
35.21.684
(2010 Ed.)
35.21.685
expansion of manufactured housing located within the city
limits under this section.
(2) A city or town may not adopt an ordinance that has
the effect, directly or indirectly, of restricting the location of
manufactured/mobile homes in manufactured/mobile home
communities that were legally in existence before June 12,
2008, based exclusively on the age or dimensions of the manufactured/mobile home. This does not preclude a city or
town from restricting the location of a manufactured/mobile
home in manufactured/mobile home communities for any
other reason including, but not limited to, failure to comply
with fire, safety, or other local ordinances or state laws
related to manufactured/mobile homes.
(3) Except as provided under subsection (4) of this section, a city or town may not adopt an ordinance that has the
effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle used as a primary
residence in manufactured/mobile home communities.
(4) Subsection (3) of this section does not apply to any
local ordinance or state law that:
(a) Imposes fire, safety, or other regulations related to
recreational vehicles;
(b) Requires utility hookups in manufactured/mobile
home communities to meet state or federal building code
standards for manufactured/mobile home communities; or
(c) Includes both of the following provisions:
(i) A recreational vehicle must contain at least one internal toilet and at least one internal shower; and
(ii) If the requirement in (c)(i) of this subsection is not
met, a manufactured/mobile home community must provide
toilets and showers.
(5) For the purposes of this section, "manufactured/mobile home community" has the same meaning as in
RCW 59.20.030.
(6) This section does not override any legally recorded
covenants or deed restrictions of record.
(7) This section does not affect the authority granted
under chapter 43.22 RCW. [2009 c 79 § 1; 2008 c 117 § 1;
2004 c 256 § 2.]
Findings—Intent—2004 c 256: "The legislature finds that: Congress
has preempted the regulation by the states of manufactured housing construction standards through adoption of construction standards for manufactured housing (42 U.S.C. Sec. 5401-5403); and this federal regulation is
equivalent to the state’s uniform building code. The legislature also finds
that congress has declared that: (1) Manufactured housing plays a vital role
in meeting the housing needs of the nation; and (2) manufactured homes provide a significant resource for affordable homeownership and rental housing
accessible to all Americans (42 U.S.C. Sec. 5401-5403). The legislature
intends to protect the consumers’ rights to choose among a number of housing construction alternatives without restraint of trade or discrimination by
local governments." [2004 c 256 § 1.]
Effective date—2004 c 256: "This act takes effect July 1, 2005." [2004
c 256 § 6.]
35.21.685 Low-income housing—Loans and grants.
A city or town may assist in the development or preservation
of publicly or privately owned housing for persons of low
income by providing loans or grants of general municipal
funds to the owners or developers of the housing. The loans
or grants shall be authorized by the legislative authority of the
city or town. They may be made to finance all or a portion of
the cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a person or fam35.21.685
[Title 35 RCW—page 89]
35.21.687
Title 35 RCW: Cities and Towns
ily of low income. As used in this section, "low income"
means income that does not exceed eighty percent of the
median income for the standard metropolitan statistical area
in which the city or town is located. Housing constructed
with loans or grants made under this section shall not be considered public works or improvements subject to competitive
bidding or a purchase of services subject to the prohibition
against advance payment for services: PROVIDED, That
whenever feasible the borrower or grantee shall make every
reasonable and practicable effort to utilize a competitive public bidding process. [1986 c 248 § 1.]
35.21.687 Affordable housing—Inventory of suitable
housing. (1) Every city and town, including every code city
operating under Title 35A RCW, shall identify and catalog
real property owned by the city or town that is no longer
required for its purposes and is suitable for the development
of affordable housing for very low-income, low-income, and
m o d e r at e - i n c o m e h o u s e h o l d s a s d e f i n ed i n R C W
43.63A.510. The inventory shall include the location,
approximate size, and current zoning classification of the
property. Every city and town shall provide a copy of the
inventory to the *department of community, trade, and economic development by November 1, 1993, with inventory
revisions each November 1 thereafter.
(2) By November 1 of each year, beginning in 1994,
every city and town, including every code city operating
under Title 35A RCW, shall purge the inventory of real property of sites that are no longer available for the development
of affordable housing. The inventory revision shall also contain a list of real property that has become available since the
last update. As used in this section, "real property" means
buildings, land, or buildings and land. [1995 c 399 § 37;
1993 c 461 § 4.]
35.21.687
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Finding—1993 c 461: See note following RCW 43.63A.510.
35.21.688 Family day-care provider’s home facility—City or town may not prohibit in residential or commercial area—Conditions. (1) Except as provided in subsections (2) and (3) of this section, no city or town may enact,
enforce, or maintain an ordinance, development regulation,
zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling,
located in an area zoned for residential or commercial use, as
a family day-care provider’s facility serving twelve or fewer
children.
(2) A city or town may require that the facility: (a) Comply with all building, fire, safety, health code, and business
licensing requirements; (b) conform to lot size, building size,
setbacks, and lot coverage standards applicable to the zoning
district except if the structure is a legal nonconforming structure; (c) is certified by the department of early learning licensor as providing a safe passenger loading area; (d) include
signage, if any, that conforms to applicable regulations; and
(e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for
persons who use family day-care who work a nonstandard
work shift.
35.21.688
[Title 35 RCW—page 90]
(3) A city or town may also require that the family daycare provider, before state licensing, require proof of written
notification by the provider that the immediately adjoining
property owners have been informed of the intent to locate
and maintain such a facility. If a dispute arises between
neighbors and the day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a city or
town from imposing zoning conditions on the establishment
and maintenance of a family day-care provider’s home serving twelve or fewer children in an area zoned for residential
or commercial use, if the conditions are no more restrictive
than conditions imposed on other residential dwellings in the
same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is
as defined in RCW 43.215.010. [2007 c 17 § 9; 2003 c 286 §
1.]
35.21.690 Authority to regulate auctioneers—Limitations. A city or town shall not license auctioneers that are
licensed by the state under chapter 18.11 RCW other than by
requiring an auctioneer to obtain a general city or town business license and by subjecting an auctioneer to a city or town
business and occupation tax. A city or town shall not require
auctioneers that are licensed by the state under chapter 18.11
RCW to obtain bonding in addition to the bonding required
by the state. [1984 c 189 § 2.]
35.21.690
35.21.692 Authority to regulate massage practitioners—Limitations. (1) A state licensed massage practitioner seeking a city or town license to operate a massage business must provide verification of his or her state massage
license as provided for in RCW 18.108.030.
(2) The city or town may charge a licensing or operating
fee, but the fee charged a state licensed massage practitioner
shall not exceed the licensing or operating fee imposed on
similar health care providers, such as physical therapists or
occupational therapists, operating within the same city or
town.
(3) A state licensed massage practitioner is not subject to
additional licensing requirements not currently imposed on
similar health care providers, such as physical therapists or
occupational therapists. [1991 c 182 § 1.]
35.21.692
35.21.695 Authority to own and operate professional
sports franchise. (1) Any city, code city, or county, individually or collectively, may own and operate an existing professional sports franchise when the owners of such franchises
announce their intention to sell or move a franchise.
(2) If a city, code city, or county purchases a professional
sports franchise, a public corporation shall be created to manage and operate the franchise. The public corporation created
under this section shall have all of the authorities granted by
RCW 35.21.730 through 35.21.757. [1987 c 32 § 2.]
35.21.695
Additional notes found at www.leg.wa.gov
35.21.696 Newspaper carrier regulation. A city or
town, including a code city, may not license newspaper carri35.21.696
(2010 Ed.)
Miscellaneous Provisions
ers under eighteen years of age for either regulatory or revenue-generating purposes. [1994 c 112 § 3.]
35.21.710
Additional notes found at www.leg.wa.gov
35.21.710
35.21.698 Regulation of financial transactions—
Limitations. A city, town, or governmental entity subject to
this title may not regulate the terms, conditions, or disclosures of any lawful financial transaction between a consumer
and (1) a business or professional under the jurisdiction of the
department of financial institutions, or (2) any financial institution as defined under RCW 30.22.041. [2005 c 338 § 2.]
35.21.698
Finding—Intent—2005 c 338: "The legislature finds that consumers,
financial services providers, and financial institutions need uniformity and
certainty in their financial transactions. It is the intent of the legislature to
reserve the authority to regulate customer financial transactions involving
consumers, financial services providers, and financial institutions." [2005 c
338 § 1.]
35.21.700 Tourist promotion. Any city or town in this
state acting through its council or other legislative body shall
have power to expend moneys and conduct promotion of
resources and facilities in the city or town, or general area, by
advertising, publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging
tourist expansion. [1971 ex.s. c 61 § 2.]
35.21.700
35.21.703 Economic development programs. It shall
be in the public purpose for all cities to engage in economic
development programs. In addition, cities may contract with
nonprofit corporations in furtherance of this and other acts
relating to economic development. [1985 c 92 § 1.]
35.21.703
35.21.706 Imposition or increase of business and
occupation tax—Referendum procedure required—
Exclusive procedure. Every city and town first imposing a
business and occupation tax or increasing the rate of the tax
after April 22, 1983, shall provide for a referendum procedure to apply to an ordinance imposing the tax or increasing
the rate of the tax. This referendum procedure shall specify
that a referendum petition may be filed within seven days of
passage of the ordinance with a filing officer, as identified in
the ordinance. Within ten days, the filing officer shall confer
with the petitioner concerning form and style of the petition,
issue the petition an identification number, and secure an
accurate, concise, and positive ballot title from the designated
local official. The petitioner shall have thirty days in which to
secure the signatures of not less than fifteen percent of the
registered voters of the city, as of the last municipal general
election, upon petition forms which contain the ballot title
and the full text of the measure to be referred. The filing
officer shall verify the sufficiency of the signatures on the
petition and, if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next election ballot within the city or at a special election ballot as provided pursuant to RCW 35.17.260(2).
This referendum procedure shall be exclusive in all
instances for any city ordinance imposing a business and
occupation tax or increasing the rate of the tax and shall
supersede the procedures provided under chapters 35.17 and
35A.11 RCW and all other statutory or charter provisions for
initiative or referendum which might otherwise apply. [1983
c 99 § 6.]
35.21.706
(2010 Ed.)
35.21.710 License fees or taxes on certain business
activities—Uniform rate required—Maximum rate
established. Any city which imposes a license fee or tax
upon business activities consisting of the making of retail
sales of tangible personal property which are measured by
gross receipts or gross income from such sales, shall impose
such tax at a single uniform rate upon all such business activities. The taxing authority granted to cities for taxes upon
business activities measured by gross receipts or gross
income from sales shall not exceed a rate of .0020; except
that any city with an adopted ordinance at a higher rate, as of
January 1, 1982 shall be limited to a maximum increase of ten
percent of the January 1982 rate, not to exceed an annual
incremental increase of two percent of current rate: PROVIDED, That any adopted ordinance which classifies according to different types of business or services shall be subject
to both the ten percent and the two percent annual incremental increase limitation on each tax rate: PROVIDED FURTHER, That all surtaxes on business and occupation classifications in effect as of January 1, 1982, shall expire no later
than December 31, 1982, or by expiration date established by
local ordinance. Cities which impose a license fee or tax upon
business activities consisting of the making of retail sales of
tangible personal property which are measured by gross
receipts or gross income from such sales shall be required to
submit an annual report to the state auditor identifying the
rate established and the revenues received from each fee or
tax. This section shall not apply to any business activities
subject to the tax imposed by chapter 82.16 RCW. For purposes of this section, the providing to consumers of competitive telephone service, as defined in RCW 82.04.065, or the
providing of payphone service, shall be subject to tax at the
same rate as business activities consisting of the making of
retail sales of tangible personal property. As used in this section, "payphone service" means making telephone service
available to the public on a fee-per-call basis, independent of
any other commercial transaction, for the purpose of making
telephone calls, when the telephone can only be activated by
inserting coins, calling collect, using a calling card or credit
card, or dialing a toll-free number, and the provider of the
service owns or leases the telephone equipment but does not
own the telephone line providing the service to that equipment and has no affiliation with the owner of the telephone
line. [2002 c 179 § 1; 1983 2nd ex.s. c 3 § 33; 1983 c 99 § 7;
1982 1st ex.s. c 49 § 7; 1981 c 144 § 6; 1972 ex.s. c 134 § 6.]
Effective date—2002 c 179: "This act takes effect July 1, 2002." [2002
c 179 § 5.]
Intent—1982 1st ex.s. c 49: "The legislature hereby recognizes the
concern of local governmental entities regarding the financing of vital services to residents of this state. The legislature finds that local governments
are an efficient and responsive means of providing these vital services to the
citizens of this state. It is the intent of the legislature that vital services such
as public safety, public health, and fire protection be recognized by all local
governmental entities in this state as top priorities of the citizens of Washington." [1982 1st ex.s. c 49 § 1.]
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
License fees and taxes on financial institutions: Chapter 82.14A RCW.
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 91]
35.21.711
Title 35 RCW: Cities and Towns
35.21.711 License fees or taxes on certain business
activities—Excess rates authorized by voters. The qualified voters of any city or town may by majority vote approve
rates in excess of the provisions of RCW 35.21.710. [1982
1st ex.s. c 49 § 8.]
35.21.711
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
35.21.712 License fees or taxes on telephone business
to be at uniform rate. Any city which imposes a license fee
or tax upon the business activity of engaging in the telephone
business, as defined in RCW 82.16.010, which is measured
by gross receipts or gross income from the business shall
impose the tax at a uniform rate on all persons engaged in the
telephone business in the city.
This section does not apply to the providing of competitive telephone service as defined in RCW 82.04.065 or to the
providing of payphone service as defined in RCW 35.21.710.
[2007 c 6 § 1016; 2002 c 179 § 2; 1983 2nd ex.s. c 3 § 35;
1981 c 144 § 8.]
35.21.712
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
Additional notes found at www.leg.wa.gov
35.21.715 Taxes on network telephone services. Notwithstanding RCW 35.21.714 or 35A.82.060, any city or
town which imposes a tax upon business activities measured
by gross receipts or gross income from sales, may impose
such tax on that portion of network telephone service, as
defined in RCW 82.16.010, which represents charges to
another telecommunications company, as defined in RCW
80.04.010, for connecting fees, switching charges, or carrier
access charges relating to intrastate toll services, or charges
for network telephone service that is purchased for the purpose of resale. Such tax shall be levied at the same rate as is
applicable to other competitive telephone service as defined
in RCW 82.04.065. [2007 c 6 § 1019; 1989 c 103 § 2; 1986
c 70 § 2.]
35.21.715
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Additional notes found at www.leg.wa.gov
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Effective date—2002 c 179: See note following RCW 35.21.710.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.
Additional notes found at www.leg.wa.gov
35.21.714 License fees or taxes on telephone business—Imposition on certain gross revenues authorized—
Limitations. (1) Any city which imposes a license fee or tax
upon the business activity of engaging in the telephone business which is measured by gross receipts or gross income
may impose the fee or tax, if it desires, on one hundred percent of the total gross revenue derived from intrastate toll
telephone services subject to the fee or tax: PROVIDED,
That the city shall not impose the fee or tax on that portion of
network telephone service which represents charges to
another telecommunications company, as defined in RCW
80.04.010, for connecting fees, switching charges, or carrier
access charges relating to intrastate toll telephone services, or
for access to, or charges for, interstate services, or charges for
network telephone service that is purchased for the purpose
of resale, or charges for mobile telecommunications services
provided to customers whose place of primary use is not
within the city.
(2) Any city that imposes a license tax or fee under subsection (1) of this section has the authority, rights, and obligations of a taxing jurisdiction as provided in RCW
82.32.490 through 82.32.510.
(3) The definitions in RCW 82.04.065 and 82.16.010
apply to this section. [2007 c 6 § 1018; 2007 c 6 § 1017; 2002
c 67 § 9; 1989 c 103 § 1; 1986 c 70 § 1; 1983 2nd ex.s. c 3 §
37; 1981 c 144 § 10.]
35.21.714
Contingent effective date—2007 c 6 §§ 1003, 1006, 1014, and 1018:
See note following RCW 82.04.065.
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Finding—Effective date—2002 c 67: See notes following RCW
82.04.530.
[Title 35 RCW—page 92]
35.21.717 Taxation of internet access—Moratorium.
A city or town may tax internet access providers under generally applicable business taxes or fees, at a rate not to exceed
the rate applied to a general service classification. For the
purposes of this section, "internet access" has the same meaning as in RCW 82.04.297. [2009 c 535 § 1101; 2004 c 154 §
1; 2002 c 181 § 1; 1999 c 307 § 1; 1997 c 304 § 2.]
35.21.717
Intent—Construction—2009 c 535: See notes following RCW
82.04.192.
Findings—1997 c 304: "The legislature finds that the newly emerging
business of providing internet service is providing widespread benefits to all
levels of society. The legislature further finds that this business is important
to our state’s continued growth in the high-technology sector of the economy
and that, as this industry emerges, it should not be burdened by new taxes
that might not be appropriate for the type of service being provided. The legislature further finds that there is no clear statutory guidance as to how internet services should be classified for tax purposes and intends to ratify the
state’s current treatment of such services." [1997 c 304 § 1.]
Additional notes found at www.leg.wa.gov
35.21.718 State route No. 16—Tax on operation prohibited. A city or town may not impose a tax on amounts
received from operating state route number 16 corridor transportation systems and facilities constructed and operated
under chapter 47.46 RCW. [1998 c 179 § 2.]
35.21.718
Finding—1998 c 179: "The legislature finds and declares that the people of the state may not enjoy the full benefits of public-private initiative for
state route number 16 corridor improvements due to the many taxes that may
apply to this project. Generally these taxes would not apply if the state built
these projects through traditional financing and construction methods. These
tax exemptions will reduce the cost of the project, allow lower tolls, and
reduce the time for which tolls are charged." [1998 c 179 § 1.]
35.21.720 City contracts to obtain sheriff’s office law
enforcement services. See RCW 41.14.250 through
41.14.280.
35.21.720
35.21.730 Public corporations—Powers of cities,
towns, and counties—Administration. In order to improve
the administration of authorized federal grants or programs,
35.21.730
(2010 Ed.)
Miscellaneous Provisions
to improve governmental efficiency and services, or to
improve the general living conditions in the urban areas of
the state, any city, town, or county may by lawfully adopted
ordinance or resolution:
(1) Transfer to any public corporation, commission, or
authority created under this section, with or without consideration, any funds, real or personal property, property interests,
or services;
(2) Organize and participate in joint operations or cooperative organizations funded by the federal government when
acting solely as coordinators or agents of the federal government;
(3) Continue federally-assisted programs, projects, and
activities after expiration of contractual term or after expending allocated federal funds as deemed appropriate to fulfill
contracts made in connection with such agreements or as may
be proper to permit an orderly readjustment by participating
corporations, associations, or individuals;
(4) Enter into contracts with public corporations, commissions, and authorities for the purpose of exercising any
powers of a community renewal agency under chapter 35.81
RCW; and
(5) Create public corporations, commissions, and authorities to: Administer and execute federal grants or programs;
receive and administer private funds, goods, or services for
any lawful public purpose; and perform any lawful public
purpose or public function. The ordinance or resolution shall
limit the liability of such public corporations, commissions,
and authorities to the assets and properties of such public corporation, commission, or authority in order to prevent
recourse to such cities, towns, or counties or their assets or
credit. [2002 c 218 § 23; 1985 c 332 § 1; 1974 ex.s. c 37 § 2.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.21.735 Public corporations—Declaration of public purpose—Power and authority to enter into agreements, receive and expend funds—Security—Special
funds—Agreements to implement federal new markets
tax credit program. (1) The legislature hereby declares that
carrying out the purposes of federal grants or programs is
both a public purpose and an appropriate function for a city,
town, county, or public corporation. The provisions of RCW
35.21.730 through 35.21.755 and 35.21.660 and 35.21.670
and the enabling authority herein conferred to implement
these provisions shall be construed to accomplish the purposes of RCW 35.21.730 through 35.21.755.
(2) All cities, towns, counties, and public corporations
shall have the power and authority to enter into agreements
with the United States or any agency or department thereof,
or any agency of the state government or its political subdivisions, and pursuant to such agreements may receive and
expend, or cause to be received and expended by a custodian
or trustee, federal or private funds for any lawful public purpose. Pursuant to any such agreement, a city, town, county,
or public corporation may issue bonds, notes, or other evidences of indebtedness that are guaranteed or otherwise
secured by funds or other instruments provided by or through
the federal government or by the federal government or an
agency or instrumentality thereof under section 108 of the
housing and community development act of 1974 (42 U.S.C.
35.21.735
(2010 Ed.)
35.21.735
Sec. 5308), as amended, or its successor, and may agree to
repay and reimburse for any liability thereon any guarantor of
any such bonds, notes, or other evidences of indebtedness
issued by such jurisdiction or public corporation, or issued by
any other public entity. For purposes of this subsection, federal housing mortgage insurance shall not constitute a federal
guarantee or security.
(3) A city, town, county, or public corporation may
pledge, as security for any such bonds, notes, or other evidences of indebtedness or for its obligations to repay or reimburse any guarantor thereof, its right, title, and interest in and
to any or all of the following: (a) Any federal grants or payments received or that may be received in the future; (b) any
of the following that may be obtained directly or indirectly
from the use of any federal or private funds received as
authorized in this section: (i) Property and interests therein,
and (ii) revenues; (c) any payments received or owing from
any person resulting from the lending of any federal or private funds received as authorized in this section; (d) any proceeds under (a), (b), or (c) of this subsection and any securities or investments in which (a), (b), or (c) of this subsection
or proceeds thereof may be invested; (e) any interest or other
earnings on (a), (b), (c), or (d) of this subsection.
(4) A city, town, county, or public corporation may
establish one or more special funds relating to any or all of
the sources listed in subsection (3)(a) through (e) of this section and pay or cause to be paid from such fund the principal,
interest, premium if any, and other amounts payable on any
bonds, notes, or other evidences of indebtedness authorized
under this section, and pay or cause to be paid any amounts
owing on any obligations for repayment or reimbursement of
guarantors of any such bonds, notes, or other evidences of
indebtedness. A city, town, county, or public corporation
may contract with a financial institution either to act as
trustee or custodian to receive, administer, and expend any
federal or private funds, or to collect, administer, and make
payments from any special fund as authorized under this section, or both, and to perform other duties and functions in
connection with the transactions authorized under this section. If the bonds, notes, or other evidences of indebtedness
and related agreements comply with subsection (6) of this
section, then any such funds held by any such trustee or custodian, or by a public corporation, shall not constitute public
moneys or funds of any city, town, or county and at all times
shall be kept segregated and set apart from other funds.
(5) For purposes of this section, "lawful public purpose"
includes, without limitation, any use of funds, including
loans thereof to public or private parties, authorized by the
agreements with the United States or any department or
agency thereof under which federal or private funds are
obtained, or authorized under the federal laws and regulations
pertinent to such agreements.
(6) If any such federal or private funds are loaned or
granted to any private party or used to guarantee any obligations of any private party, then any bonds, notes, other evidences of indebtedness issued or entered into for the purpose
of receiving or causing the receipt of such federal or private
funds, and any agreements to repay or reimburse guarantors,
shall not be obligations of any city, town, or county and shall
be payable only from a special fund as authorized in this section or from any of the security pledged pursuant to the
[Title 35 RCW—page 93]
35.21.740
Title 35 RCW: Cities and Towns
authority of this section, or both. Any bonds, notes, or other
evidences of indebtedness to which this subsection applies
shall contain a recital to the effect that they are not obligations of the city, town, or county or the state of Washington
and that neither the faith and credit nor the taxing power of
the state or any municipal corporation or subdivision of the
state or any agency of any of the foregoing, is pledged to the
payment of principal, interest, or premium, if any, thereon.
Any bonds, notes, other evidences of indebtedness, or other
obligations to which this subsection applies shall not be
included in any computation for purposes of limitations on
indebtedness. To the extent expressly agreed in writing by a
city, town, county, or public corporation, this subsection shall
not apply to bonds, notes, or other evidences of indebtedness
issued for, or obligations incurred for, the necessary support
of the poor and infirm by that city, town, county, or public
corporation.
(7) Any bonds, notes, or other evidences of indebtedness
issued by, or reimbursement obligations incurred by, a city,
town, county, or public corporation consistent with the provisions of this section but prior to May 3, 1995, and any loans
or pledges made by a city, town, or county in connection
therewith substantially consistent with the provisions of this
section but prior to May 3, 1995, are deemed authorized and
shall not be held void, voidable, or invalid due to any lack of
authority under the laws of this state.
(8) All cities, towns, counties, public corporations, and
port districts may create partnerships and limited liability
companies and enter into agreements with public or private
entities, including partnership agreements and limited liability company agreements, to implement within their boundaries the federal new markets tax credit program established
by the community renewal tax relief act of 2000 (26 U.S.C.
Sec. 45D) or its successor statute. [2007 c 230 § 2; 1995 c
212 § 2; 1985 c 332 § 3; 1974 ex.s. c 37 § 3.]
Purpose—2007 c 230: "The purpose of this act is to assist community
and economic development by clarifying how cities, towns, counties, public
corporations, and port districts may fully participate in the federal new markets tax credit program." [2007 c 230 § 1.]
Construction—2007 c 230: "The authority granted by this act is additional and supplemental to any other authority of any city, town, county, public corporation, or port district. This act may not be construed to imply that
any of the power or authority granted in this act was not available to any city,
town, county, public corporation, or port district under prior law. Any previous actions consistent with this act are ratified and confirmed." [2007 c
230 § 3.]
Severability—2007 c 230: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 230 § 4.]
Purpose—1995 c 212: "The purpose of this act is to assist community
and economic development by clarifying the authority of all cities, towns,
counties, and public corporations to engage in federally guaranteed "conduit
financings" and to specify procedures that may be used for such conduit
financings. Generally, in such a conduit financing a municipality borrows
funds from the federal government or from private sources with the help of
federal guarantees, without pledging the credit or tax revenues of the municipality, and then lends the proceeds for private projects that both fulfill public
purposes, such as community and economic development, and provide the
revenues to retire the municipal borrowings. Such conduit financings
include issuance by municipalities of federally guaranteed notes under section 108 of the housing and community development act of 1974, as
amended, to finance projects eligible under federal community development
block grant regulations." [1995 c 212 § 1.]
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 94]
35.21.740 Public corporations—Exercise of powers,
authorities, or rights—Territorial jurisdiction. Powers,
authorities, or rights expressly or impliedly granted to any
city, town, or county or their agents under any provision of
RCW 35.21.730 through 35.21.755 shall not be operable or
applicable, or have any effect beyond the limits of the incorporated area of any city or town implementing RCW
35.21.730 through 35.21.755, unless so provided by contract
between the city and another city or county. [1985 c 332 § 4;
1974 ex.s. c 37 § 4.]
35.21.740
35.21.745 Public corporations—Provision for, control over—Powers. (1) Any city, town, or county which
shall create a public corporation, commission, or authority
pursuant to RCW 35.21.730 or 35.21.660, shall provide for
its organization and operations and shall control and oversee
its operation and funds in order to correct any deficiency and
to assure that the purposes of each program undertaken are
reasonably accomplished.
(2) Any public corporation, commission, or authority
created as provided in RCW 35.21.730 may be empowered to
own and sell real and personal property; to contract with a
city, town, or county to conduct community renewal activities under chapter 35.81 RCW; to contract with individuals,
associations, and corporations, and the state and the United
States; to sue and be sued; to loan and borrow funds and issue
bonds and other instruments evidencing indebtedness; transfer any funds, real or personal property, property interests, or
services; to do anything a natural person may do; and to perform all manner and type of community services. However,
the public corporation, commission, or authority shall have
no power of eminent domain nor any power to levy taxes or
special assessments. [2002 c 218 § 24; 1985 c 332 § 2; 1974
ex.s. c 37 § 5.]
35.21.745
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.21.747 Public corporations—Real property transferred by city, town, or county—Restrictions, notice, public meeting. (1) In transferring real property to a public corporation, commission, or authority under RCW 35.21.730,
the city, town, or county creating such public corporation,
commission, or authority shall impose appropriate deed
restrictions necessary to ensure the continued use of such
property for the public purpose or purposes for which such
property is transferred.
(2) The city, town, or county that creates a public corporation, commission, or authority under RCW 35.21.730 shall
require of such public corporation, commission, or authority
thirty days’ advance written notice of any proposed sale or
encumbrance of any real property transferred by such city,
town, or county to such public corporation, commission, or
authority pursuant to RCW 35.21.730(1). At a minimum,
such notice shall be provided by such public corporation,
commission, or authority to the chief executive or administrative officer of such city, town, or county, and to all members
of its legislative body, and to each local newspaper of general
circulation, and to each local radio or television station or
other news medium which has on file with such corporation,
commission, or authority a written request to be notified.
35.21.747
(2010 Ed.)
Miscellaneous Provisions
(3) Any property transferred by the city, town, or county
that created such public corporation, commission, or authority may be sold or encumbered by such public corporation,
commission, or authority only after approval of such sale or
encumbrance by the governing body of the public corporation, commission, or authority at a public meeting of which
notice was provided pursuant to RCW 42.30.080. Nothing in
this section shall be construed to prevent the governing body
of the public corporation, commission, or authority from
holding an executive session during a regular or special meeting in accordance with RCW 42.30.110(1)(c). In addition, the
public corporation, commission, or authority shall advertise
notice of the meeting in a local newspaper of general circulation at least twice no less than seven days and no more than
two weeks before the public meeting. [1990 c 189 § 1.]
35.21.750
35.21.750 Public corporations—Insolvency or dissolution. In the event of the insolvency or dissolution of a public corporation, commission, or authority, the superior court
of the county in which the public corporation, commission, or
authority is or was operating shall have jurisdiction and
authority to appoint trustees or receivers of corporate property and assets and supervise such trusteeship or receivership:
PROVIDED, That all liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission, or authority and no creditor or other person
shall have any right of action against the city, town, or county
creating such corporation, commission or authority on
account of any debts, obligations, or liabilities of such public
corporation, commission, or authority. [1974 ex.s. c 37 § 6.]
35.21.755
35.21.755 Public corporations—Exemption or
immunity from taxation—In lieu excise tax. (1) A public
corporation, commission, or authority created pursuant to
RCW 35.21.730, 35.21.660, or 81.112.320 shall receive the
same immunity or exemption from taxation as that of the city,
town, or county creating the same: PROVIDED, That,
except for (a) any property within a special review district
established by ordinance prior to January 1, 1976, or listed on
or which is within a district listed on any federal or state register of historical sites or (b) any property owned, operated, or
controlled by a public corporation that is used primarily for
low-income housing, or that is used as a convention center,
performing arts center, public assembly hall, public meeting
place, public esplanade, street, public way, public open
space, park, public utility corridor, or view corridor for the
general public or (c) any blighted property owned, operated,
or controlled by a public corporation that was acquired for the
purpose of remediation and redevelopment of the property in
accordance with an agreement or plan approved by the city,
town, or county in which the property is located, or (d) any
property owned, operated, or controlled by a public corporation created under RCW 81.112.320, any such public corporation, commission, or authority shall pay to the county treasurer an annual excise tax equal to the amounts which would
be paid upon real property and personal property devoted to
the purposes of such public corporation, commission, or
authority were it in private ownership, and such real property
and personal property is acquired and/or operated under
(2010 Ed.)
35.21.756
RCW 35.21.730 through 35.21.755, and the proceeds of such
excise tax shall be allocated by the county treasurer to the
various taxing authorities in which such property is situated,
in the same manner as though the property were in private
ownership: PROVIDED FURTHER, That the provisions of
chapter 82.29A RCW shall not apply to property within a
special review district established by ordinance prior to January 1, 1976, or listed on or which is within a district listed on
any federal or state register of historical sites and which is
controlled by a public corporation, commission, or authority
created pursuant to RCW 35.21.730 or 35.21.660, which was
in existence prior to January 1, 1987: AND PROVIDED
FURTHER, That property within a special review district
established by ordinance prior to January 1, 1976, or property
which is listed on any federal or state register of historical
sites and controlled by a public corporation, commission, or
authority created pursuant to RCW 35.21.730 or 35.21.660,
which was in existence prior to January 1, 1976, shall receive
the same immunity or exemption from taxation as if such
property had been within a district listed on any such federal
or state register of historical sites as of January 1, 1976, and
controlled by a public corporation, commission, or authority
created pursuant to RCW 35.21.730 or 35.21.660 which was
in existence prior to January 1, 1976.
(2) As used in this section:
(a) "Low-income" means a total annual income, adjusted
for family size, not exceeding fifty percent of the area median
income.
(b) "Area median income" means:
(i) For an area within a standard metropolitan statistical
area, the area median income reported by the United States
department of housing and urban development for that standard metropolitan statistical area; or
(ii) For an area not within a standard metropolitan statistical area, the county median income reported by the *department of community, trade, and economic development.
(c) "Blighted property" means property that is contaminated with hazardous substances as defined under RCW
70.105D.020. [2007 c 104 § 16; 2000 2nd sp.s. c 4 § 29; 1999
c 266 § 1; 1995 c 399 § 38; 1993 c 220 § 1; 1990 c 131 § 1;
1987 c 282 § 1; 1985 c 332 § 5; 1984 c 116 § 1; 1979 ex.s. c
196 § 9; 1977 ex.s. c 35 § 1; 1974 ex.s. c 37 § 7.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Application—Construction—Severability—2007 c 104: See RCW
64.70.015 and 64.70.900.
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes following RCW 81.112.300.
Additional notes found at www.leg.wa.gov
35.21.756 Tax exemption—Sales/leasebacks by
regional transit authorities. A city or town may not impose
taxes on amounts received as lease payments paid by a
seller/lessee to a lessor under a sale/leaseback agreement
under RCW 81.112.300 in respect to tangible personal property used by the seller/lessee, or to the purchase amount paid
by the lessee under an option to purchase at the end of the
lease term. [2000 2nd sp.s. c 4 § 28.]
35.21.756
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes following RCW 81.112.300.
[Title 35 RCW—page 95]
35.21.757
Title 35 RCW: Cities and Towns
35.21.757 Public corporations—Statutes to be construed consistent with state Constitution. Nothing in
RCW 35.21.730 through 35.21.755 shall be construed in any
manner contrary to the provisions of Article VIII, section 7,
of the Washington state Constitution. [1985 c 332 § 6.]
35.21.757
35.21.759 Public corporations, commissions, and
authorities—Applicability of general laws. A public corporation, commission, or authority created under this chapter,
and officers and multimember governing body thereof, are
subject to general laws regulating local governments, multimember governing bodies, and local governmental officials,
including, but not limited to, the requirement to be audited by
the state auditor and various accounting requirements provided under chapter 43.09 RCW, the open public record
requirements of chapter 42.56 RCW, the prohibition on using
its facilities for campaign purposes under *RCW 42.17.130,
the open public meetings law of chapter 42.30 RCW, the
code of ethics for municipal officers under chapter 42.23
RCW, and the local government whistleblower law under
chapter 42.41 RCW. [2005 c 274 § 265; 1999 c 246 § 1.]
35.21.759
*Reviser’s note: RCW 42.17.130 was recodified as RCW 42.17A.555
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
35.21.760 Legal interns—Employment authorized.
Notwithstanding any other provision of law, the city attorney,
corporation counsel, or other chief legal officer of any city or
town may employ legal interns as otherwise authorized by
statute or court rule. [1974 ex.s. c 7 § 1.]
35.21.760
35.21.762 Urban emergency medical service districts—Creation authorized in city or town with territory
in two counties. The council of a city or town that has territory included in two counties may adopt an ordinance creating an urban emergency medical service district in all of the
portion of the city or town that is located in one of the two
counties if: (1) The county in which the urban emergency
medical service district is located does not impose an emergency medical service levy authorized under RCW
84.52.069; and (2) the other county in which the city or town
is located does impose an emergency medical service levy
authorized under RCW 84.52.069. The ordinance creating
the district may only be adopted after a public hearing has
been held on the creation of the district and the council makes
a finding that it is in the public interest to create the district.
The members of the city or town council, acting in an ex officio capacity and independently, shall compose the governing
body of the urban emergency medical service district. The
voters of an urban emergency medical service district shall be
all registered voters residing within the urban emergency
medical service district.
An urban emergency medical service district shall be a
quasi-municipal corporation and an independent taxing
"authority" within the meaning of Article VII, section 1 of the
state Constitution. Urban emergency medical service districts
shall also be "taxing districts" within the meaning of Article
VII, section 2 of the state Constitution.
An urban emergency medical service district shall have
the authority to contract under chapter 39.34 RCW with a
35.21.762
[Title 35 RCW—page 96]
county, city, town, fire protection district, public hospital district, or emergency medical service district to have emergency medical services provided within its boundaries.
Territory located in the same county as an urban emergency medical service district that is annexed by the city or
town must automatically be annexed to the urban emergency
medical service district. [1994 c 79 § 1.]
Levy for emergency medical care and services: RCW 84.52.069.
35.21.765
35.21.765 Fire protection, ambulance or other emergency services provided by municipal corporation within
county—Financial and other assistance by county authorized. See RCW 36.32.470.
35.21.766
35.21.766 Ambulance services—Establishment
authorized. (1) Whenever a regional fire protection service
authority determines that the fire protection jurisdictions that
are members of the authority are not adequately served by
existing private ambulance service, the governing board of
the authority may by resolution provide for the establishment
of a system of ambulance service to be operated by the
authority as a public utility [or] operated by contract after a
call for bids.
(2) The legislative authority of any city or town may
establish an ambulance service to be operated as a public utility. However, the legislative authority of the city or town
shall not provide for the establishment of an ambulance service utility that would compete with any existing private
ambulance service, unless the legislative authority of the city
or town determines that the city or town, or a substantial portion of the city or town, is not adequately served by an existing private ambulance service. In determining the adequacy
of an existing private ambulance service, the legislative
authority of the city or town shall take into consideration
objective generally accepted medical standards and reasonable levels of service which shall be published by the city or
town legislative authority. The decision of the city council or
legislative body shall be a discretionary, legislative act.
When it is preliminarily concluded that the private ambulance service is inadequate, before issuing a call for bids or
before the city or town establishes an ambulance service utility, the legislative authority of the city or town shall allow a
minimum of sixty days for the private ambulance service to
meet the generally accepted medical standards and reasonable levels of service. In the event of a second preliminary
conclusion of inadequacy within a twenty-four month period,
the legislative authority of the city or town may immediately
issue a call for bids or establish an ambulance service utility
and is not required to afford the private ambulance service
another sixty-day period to meet the generally accepted medical standards and reasonable levels of service. Nothing in
chapter 482, Laws of 2005 is intended to supersede requirements and standards adopted by the department of health. A
private ambulance service which is not licensed by the
department of health or whose license is denied, suspended,
or revoked shall not be entitled to a sixty-day period within
which to demonstrate adequacy and the legislative authority
may immediately issue a call for bids or establish an ambulance service utility.
(2010 Ed.)
Miscellaneous Provisions
(3) The city or town legislative authority is authorized to
set and collect rates and charges in an amount sufficient to
regulate, operate, and maintain an ambulance utility. Prior to
setting such rates and charges, the legislative authority must
determine, through a cost-of-service study, the total cost necessary to regulate, operate, and maintain the ambulance utility. Total costs shall not include capital cost for the construction, major renovation, or major repair of the physical plant.
Once the legislative authority determines the total costs, the
legislative authority shall then identify that portion of the
total costs that are attributable to the availability of the ambulance service and that portion of the total costs that are attributable to the demand placed on the ambulance utility.
(a) Availability costs are those costs attributable to the
basic infrastructure needed to respond to a single call for service within the utility’s response criteria. Availability costs
may include costs for dispatch, labor, training of personnel,
equipment, patient care supplies, and maintenance of equipment.
(b) Demand costs are those costs that are attributable to
the burden placed on the ambulance service by individual
calls for ambulance service. Demand costs shall include
costs related to frequency of calls, distances from hospitals,
and other factors identified in the cost-of-service study conducted to assess burdens imposed on the ambulance utility.
(4) A city or town legislative authority is authorized to
set and collect rates and charges as follows:
(a) The rate attributable to costs for availability
described under subsection (3)(a) of this section shall be uniformly applied across user classifications within the utility;
(b) The rate attributable to costs for demand described
under subsection (3)(b) of this section shall be established
and billed to each utility user classification based on each
user classification’s burden on the utility;
(c) The fee charged by the utility shall reflect a combination of the availability cost and the demand cost;
(d)(i) Except as provided in (d)(ii) of this subsection, the
combined rates charged shall reflect an exemption for persons who are medicaid eligible and who reside in a nursing
facility, boarding home, adult family home, or receive inhome services. The combined rates charged may reflect an
exemption or reduction for designated classes consistent with
Article VIII, section 7 of the state Constitution. The amounts
of exemption or reduction shall be a general expense of the
utility, and designated as an availability cost, to be spread
uniformly across the utility user classifications.
(ii) For cities with a population less than two thousand
five hundred that established an ambulance utility before
May 6, 2004, the combined rates charged may reflect an
exemption or reduction for persons who are medicaid eligible, and for designated classes consistent with Article VIII,
section 7 of the state Constitution;
(e) The legislative authority must continue to allocate at
least seventy percent of the total amount of general fund revenues expended, as of May 5, 2004, toward the total costs
necessary to regulate, operate, and maintain the ambulance
service utility. However, cities or towns that operated an
ambulance service before May 6, 2004, and commingled
general fund dollars and ambulance service dollars, may reasonably estimate that portion of general fund dollars that
were, as of May 5, 2004, applied toward the operation of the
(2010 Ed.)
35.21.7661
ambulance service, and at least seventy percent of such estimated amount must then continue to be applied toward the
total cost necessary to regulate, operate, and maintain the
ambulance utility. Cities and towns which first established
an ambulance service utility after May 6, 2004, must allocate,
from the general fund or emergency medical service levy
funds, or a combination of both, at least an amount equal to
seventy percent of the total costs necessary to regulate, operate, and maintain the ambulance service utility as of May 5,
2004, or the date that the utility is established;
(f) The legislative authority must allocate available
emergency medical service levy funds, in an amount proportionate to the percentage of the ambulance service costs to the
total combined operating costs for emergency medical services and ambulance services, towards the total costs necessary to regulate, operate, and maintain the ambulance utility;
(g) The legislative authority must allocate all revenues
received through direct billing to the individual user of the
ambulance service to the demand-related costs under subsection (3)(b) of this section;
(h) The total revenue generated by the rates and charges
shall not exceed the total costs necessary to regulate, operate,
and maintain an ambulance utility; and
(i) Revenues generated by the rates and charges must be
deposited in a separate fund or funds and be used only for the
purpose of paying for the cost of regulating, maintaining, and
operating the ambulance utility.
(5) Ambulance service rates charged pursuant to this section do not constitute taxes or charges under RCW 82.02.050
through 82.02.090, or 35.21.768, or charges otherwise prohibited by law. [2005 c 482 § 2; 2004 c 129 § 34; 1975 1st
ex.s. c 24 § 1.]
Finding—Intent—2005 c 482: "The legislature finds that ambulance
and emergency medical services are essential services and the availability of
these services is vital to preserving and promoting the health, safety, and
welfare of people in local communities throughout the state. All persons,
businesses, and industries benefit from the availability of ambulance and
emergency medical services, and survival rates can be increased when these
services are available, adequately funded, and appropriately regulated. It is
the legislature’s intent to explicitly recognize local jurisdictions’ ability and
authority to collect utility service charges to fund ambulance and emergency
medical service systems that are based, at least in some part, upon a charge
for the availability of these services." [2005 c 482 § 1.]
Captions not law—Severability—2004 c 129: See RCW 52.26.900
and 52.26.901.
Ambulance services by counties authorized: RCW 36.01.100.
35.21.7661
35.21.7661 Study and review of ambulance utilities.
The joint legislative audit and review committee shall study
and review ambulance utilities established and operated by
cities under chapter 482, Laws of 2005. The committee shall
examine, but not be limited to, the following factors: The
number and operational status of utilities established under
chapter 482, Laws of 2005; whether the utility rate structures
and user classifications used by cities were established in
accordance with generally accepted utility rate-making practices; and rates charged by the utility to the user classifications. The committee shall provide a final report on this
review by December 2007. [2005 c 482 § 3.]
Finding—Intent—2005 c 482: See note following RCW 35.21.766.
[Title 35 RCW—page 97]
35.21.768
Title 35 RCW: Cities and Towns
35.21.768
35.21.768 Ambulance services—Excise taxes authorized—Use of proceeds. The legislative authority of any
city or town is authorized to adopt ordinances for the levy and
collection of excise taxes and/or for the imposition of an
additional tax for the act or privilege of engaging in the
ambulance business. Such business and occupation tax shall
be imposed in such amounts as fixed and determined by the
legislative authority.
The excise taxes other than the business and occupation
tax authorized by this section shall be levied and collected
from all persons, businesses, and industries who are served
and billed for said ambulance service owned and operated or
contracted for by the city or town in such amounts as shall be
fixed and determined by the legislative authority of the city or
town.
All taxes authorized pursuant to this section shall be construed to be taxes other than a retail sales tax defined in chapter 82.08 RCW and a use tax defined in chapter 82.12 RCW,
and the city or town shall appropriate and use the proceeds
derived from all taxes authorized by this section only for the
operation, maintenance and capital needs of its municipally
owned, operated, leased or contracted for ambulance service.
[1975 1st ex.s. c 24 § 2.]
35.21.775 Provision of fire protection services to
state-owned facilities. Subject to the provisions of RCW
35.21.779, whenever a city or town has located within its territorial limits facilities, except those leased to a nontaxexempt person or organization, owned by the state or an
agency or institution of the state, the state or agency or institution owning such facilities and the city or town may contract for an equitable share of fire protection services for the
protection and safety of personnel and property, pursuant to
chapter 39.34 RCW, as now or hereafter amended. Nothing
in this section shall be construed to require the state, or any
state agency or institution, to contract for services which are
performed by the staff and equipment of such an entity or by
a fire protection district pursuant to RCW 52.30.020. [1992 c
117 § 4; 1985 c 6 § 4; 1984 c 230 § 82; 1983 c 146 § 1; 1979
ex.s. c 102 § 1.]
35.21.775
Findings—1992 c 117: "The legislature finds that certain state-owned
facilities and institutions impose a financial burden on the cities and towns
responsible for providing fire protection services to those state facilities. The
legislature endeavors pursuant to chapter 117, Laws of 1992, to establish a
process whereby cities and towns that have a significant share of their total
assessed valuation taken up by state-owned facilities can enter into fire protection contracts with state agencies or institutions to provide a share of the
jurisdiction’s fire protection funding." [1992 c 117 § 3.]
35.21.778 Existing contracts for fire protection services and equipment not abrogated. Nothing in chapter
117, Laws of 1992, shall be interpreted to abrogate existing
contracts for fire protection services and equipment, nor be
deemed to authorize cities and towns to negotiate additional
contractual provisions to apply prior to the expiration of such
existing contracts. Upon expiration of contracts negotiated
prior to March 31, 1992, future contracts between such cities
and towns and state agencies and institutions shall be governed by the provisions of RCW 35.21.775 and 35.21.779.
[1992 c 117 § 5.]
35.21.778
35.21.769
35.21.769 Levy for emergency medical care and services. See RCW 84.52.069.
35.21.770
35.21.770 Members of legislative bodies authorized
to serve as volunteer firefighters, volunteer ambulance
personnel, or reserve law enforcement officers. Notwithstanding any other provision of law, the legislative body of
any city or town, by resolution adopted by a two-thirds vote
of the full legislative body, may authorize any of its members
to serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers, or two or more
of such positions, and to receive the same compensation,
insurance, and other benefits as are applicable to other volunteer firefighters, volunteer ambulance personnel, or reserve
law enforcement officers employed by the city or town.
[1997 c 65 § 1; 1993 c 303 § 1; 1974 ex.s. c 60 § 1.]
35.21.772
35.21.772 Fire department volunteers—Holding
public office—Definitions. (1) Except as otherwise prohibited by law, a volunteer member of any fire department who
does not serve as fire chief for the department may be:
(a) A candidate for elective public office and serve in
that public office if elected; or
(b) Appointed to any public office and serve in that public office if appointed.
(2) For purposes of this section, "volunteer" means a
member of any fire department who performs voluntarily any
assigned or authorized duties on behalf of or at the direction
of the fire department without receiving compensation or
consideration for performing such duties.
(3) For purposes of this section, "compensation" and
"consideration" do not include any benefits the volunteer
may have accrued or is accruing under chapter 41.24 RCW.
[2006 c 211 § 1.]
[Title 35 RCW—page 98]
Findings—1992 c 117: See note following RCW 35.21.775.
35.21.779 Fire protection services for state-owned
facilities—Contracts with the department of community,
trade, and economic development—Consolidation of
negotiations with multiple state agencies—Arbitration.
(1) In cities or towns where the estimated value of stateowned facilities constitutes ten percent or more of the total
assessed valuation, the state agency or institution owning the
facilities shall contract with the city or town to pay an equitable share for fire protection services. The contract shall be
negotiated as provided in subsections (2) through (6) of this
section and shall provide for payment by the agency or institution to the city or town.
(2) A city or town seeking to enter into fire protection
contract negotiations shall provide written notification to the
*department of community, trade, and economic development and the state agencies or institutions that own property
within the jurisdiction, of its intent to contract for fire protection services. Where there are multiple state agencies located
within a single jurisdiction, a city may choose to notify only
the *department of community, trade, and economic development, which in turn shall notify the agencies or institution
that own property within the jurisdiction of the city’s intent to
contract for fire protection services. Any such notification
shall be based on the valuation procedures, based on com35.21.779
(2010 Ed.)
Miscellaneous Provisions
monly accepted standards, adopted by the *department of
community, trade, and economic development in consultation with the department of general administration and the
association of Washington cities.
(3) The *department of community, trade, and economic
development shall review any such notification to ensure that
the valuation procedures and results are accurate. The department will notify each affected city or town and state agency
or institution of the results of their review within thirty days
of receipt of notification.
(4) The parties negotiating fire protection contracts
under this section shall conduct those negotiations in good
faith. Whenever there are multiple state agencies located
within a single jurisdiction, every effort shall be made by the
state to consolidate negotiations on behalf of all affected
agencies.
(5) In the event of notification by one of the parties that
an agreement cannot be reached on the terms and conditions
of a fire protection contract, the director of the *department
of community, trade, and economic development shall mediate a resolution of the disagreement. In the event of a continued impasse, the director of the *department of community,
trade, and economic development shall recommend a resolution.
(6) If the parties reject the recommendation of the director and an impasse continues, the director shall direct the parties to arbitration. The parties shall agree on a neutral arbitrator, and the fees and expenses of the arbitrator shall be shared
equally between the parties. The arbitration shall be a final
offer, total arbitration, with the arbitrator empowered only to
pick the final offer of one of the parties or the recommended
resolution by the director of the *department of community,
trade, and economic development. The decision of the arbitrator shall be final, binding, and nonappealable on the parties.
(7) The provisions of this section shall not apply if a city
or town and a state agency or institution have contracted pursuant to RCW 35.21.775.
(8) The provisions of this section do not apply to cities
and towns not meeting the conditions in subsection (1) of this
section. Cities and towns not meeting the conditions of subsection (1) of this section may enter into contracts pursuant to
RCW 35.21.775. [1995 c 399 § 39; 1992 c 117 § 6.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Findings—1992 c 117: See note following RCW 35.21.775.
35.21.810
ing bodies of a county and any city or town located therein
may by agreement revise any part of the corporate boundary
of the city or town which coincides with the centerline, edge,
or any portion of a public street, road or highway
right-of-way by substituting therefor a right-of-way line of
the same public street, road or highway so as fully to include
or fully to exclude that segment of the public street, road or
highway from the corporate limits of the city or town.
(2) The revision of a corporate boundary as authorized
by this section shall become effective when approved by
ordinance of the city or town council or commission and by
ordinance or resolution of the county legislative authority.
Such a boundary revision is not subject to potential review by
a boundary review board. [1989 c 84 § 10; 1975 1st ex.s. c
220 § 17.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Boundary line adjustment: RCW 35.13.300 through 35.13.330.
Use of right-of-way line as corporate boundary in incorporation proceeding—When right-of-way may be included in territory to be incorporated: RCW 35.02.170.
When right-of-way may be included in territory to be incorporated—Use of
right-of-way line as corporate boundary in annexation: RCW
35.13.290.
35.21.800 Foreign trade zones—Legislative finding,
intent. It is the finding of the legislature that foreign trade
zones serve an important public purpose by the creation of
employment opportunities within the state and that the establishment of zones designed to accomplish this purpose is to
be encouraged. It is the further intent of the legislature that
the department of trade and economic development provide
assistance to entities planning to apply to the United States
for permission to establish such zones. [1985 c 466 § 43;
1977 ex.s. c 196 § 3.]
35.21.800
Additional notes found at www.leg.wa.gov
35.21.805 Foreign trade zones—Authority to apply
for permission to establish, operate and maintain. A city
or town, as zone sponsor, may apply to the United States for
permission to establish, operate, and maintain foreign trade
zones: PROVIDED, That nothing herein shall be construed
to prevent these zones from being operated and financed by a
private corporation(s) on behalf of a city or town acting as
zone sponsor. [1977 ex.s. c 196 § 4.]
35.21.805
Additional notes found at www.leg.wa.gov
35.21.810 Hydroplane races—Providing for
restrooms and other services in public parks for spectators—Admission fees—Authorized. Any city or town may
provide restrooms and other services in its public parks to be
used by spectators of any hydroplane race held on a lake or
river which is located adjacent to or within the city or town,
and in addition any city or town may charge admission fees
for persons to observe a hydroplane race from public park
property which is sufficient to defray the costs of the city or
town accommodating spectators, cleaning up after the race,
and other costs related to the hydroplane race. Any city or
town may authorize the organization which sponsors a hydroplane race to provide restroom and other services for the public on park property and may authorize the organization to
35.21.810
35.21.780 Laws, rules and regulations applicable to
cities five hundred thousand or over deemed applicable to
cities four hundred thousand or over. On and after June
12, 1975, every law and rule or regulation of the state or any
agency thereof which immediately prior to June 12, 1975
related to cities of five hundred thousand population or over
shall be deemed to be applicable to cities of four hundred
thousand population or over. [1975 c 33 § 1.]
35.21.780
Additional notes found at www.leg.wa.gov
35.21.790 Revision of corporate boundary within
street, road, or highway right-of-way by substituting
right-of-way line—Not subject to review. (1) The govern35.21.790
(2010 Ed.)
[Title 35 RCW—page 99]
35.21.815
Title 35 RCW: Cities and Towns
collect any admission fees charged by the city or town. [1979
c 26 § 1.]
35.21.815 Hydroplane races—Levying of admission
charges declared public park purpose—Reversion prohibited. It is hereby declared to be a legitimate public park
purpose for any city or town to levy an admission charge for
spectators to view hydroplane races from park property.
Property which has been conveyed to a city or town by the
state for exclusive use in the city’s or town’s public park system or exclusively for public park, parkway, and boulevard
purposes shall not revert to the state upon the levying of
admission fees authorized in RCW 35.21.810. [1979 c 26 §
2.]
35.21.815
35.21.820 Acquisition and disposal of vehicles for
commuter ride sharing by city employees. The power of
any city, town, county, other municipal corporation, or quasi
municipal corporation to acquire, hold, use, possess, and dispose of motor vehicles for official business shall include, but
not be limited to, the power to acquire, hold, use, possess, and
dispose of motor vehicles for commuter ride sharing by its
employees, so long as such use is economical and advantageous to the city, town, county, other municipal corporation.
[1979 c 111 § 11.]
35.21.820
Ride sharing: Chapter 46.74 RCW.
Additional notes found at www.leg.wa.gov
35.21.830 Controls on rent for residential structures—Prohibited—Exceptions. The imposition of controls on rent is of statewide significance and is preempted by
the state. No city or town of any class may enact, maintain, or
enforce ordinances or other provisions which regulate the
amount of rent to be charged for single family or multiple
unit residential rental structures or sites other than properties
in public ownership, under public management, or properties
providing low-income rental housing under joint public-private agreements for the financing or provision of such lowincome rental housing. This section shall not be construed as
prohibiting any city or town from entering into agreements
with private persons which regulate or control the amount of
rent to be charged for rental properties. [1981 c 75 § 1.]
35.21.830
Additional notes found at www.leg.wa.gov
35.21.840 Taxation of motor carriers of freight for
hire—Allocation of gross receipts. The following principles shall allocate gross receipts of a motor carrier of freight
for hire (called the "motor carrier" in this section) to prevent
multiple taxation by two or more municipalities. They shall
apply when two or more municipalities in this state impose a
license fee or tax for the act or privilege of engaging in business activities; each municipality has a basis in local activity
for imposing its tax; and the gross receipts measured by all
taxing municipalities, added together, exceed the motor carrier’s gross receipts.
(1) No municipality shall be entitled to an allocation of
the gross receipts of a motor carrier on account of the use of
its streets or highways when no pick-up or delivery occurs
therein.
35.21.840
[Title 35 RCW—page 100]
(2) Gross receipts of a motor carrier derived within a
municipality, where it solicits orders and engages in business
activities that are a significant factor in holding the market
but where it maintains no office or terminal, shall be allocated equally between the municipality providing the local
market and the municipality where the motor carrier’s office
or terminal is located. Where no such local solicitation and
business activity occurs, all the gross receipts shall be allocated to the municipality where the office or terminal is
located irrespective of the place of pick-up or delivery. The
word "terminal" means a location at which any three of the
following four occur: Dispatching takes place, from which
trucks operate or are serviced, personnel report and receive
assignments, and orders are regularly received from the public.
(3) Gross receipts of a motor carrier that are not attributable to transportation services, such as investment income,
truck repair, and rental of equipment, shall be allocated to the
office or terminal conducting such activities.
(4) Gross receipts of a motor carrier with an office or terminal in two or more municipalities in this state shall be allocated to the office or terminal at which the transportation services commenced. [1982 c 169 § 1.]
Motor freight carriers: Chapter 81.80 RCW.
Municipal business and occupation tax authorized: RCW 35.95.040.
Additional notes found at www.leg.wa.gov
35.21.845 Taxation of motor carriers of freight for
hire—Tax allocation formula. A motor carrier of freight
for hire whose gross receipts are subject to multiple taxation
by two or more municipalities in this state may request and
thereupon shall be given a joint audit of the taxpayer’s books
and records by all of the taxing authorities seeking to tax all
or part of such gross receipts. Such taxing authorities shall
agree upon and establish a tax allocation formula which shall
be binding upon the taxpayer and the taxing authorities participating in the audit or receiving a copy of such request
from the taxpayer. Payment by the taxpayer of the taxes to
each taxing authority in accordance with such tax allocation
formula shall be a complete defense in any action by any taxing authority to recover additional taxes, interest, and/or penalties. A taxing municipality, whether or not a party to such
joint audit, may seek a revision of the formula by giving written notice to each other taxing municipality concerned and
the taxpayer. Any such revision as may be agreed upon by the
taxing municipalities, or as may be decreed by a court of
competent jurisdiction in an action initiated by one or more
taxing authorities, shall apply only to gross receipts of the
taxpayer received after the date of any such agreed revision
or effective date of the judgment or order of any such court.
[1982 c 169 § 2.]
35.21.845
Additional notes found at www.leg.wa.gov
35.21.850 Taxation of motor carriers of freight for
hire—Limitation—Exceptions. No demand for a fee or tax
or penalty shall be made by a city or town against a motor
carrier of freight for hire on gross income derived from providing transportation services more than four years after the
close of the year in which the same accrued except (1) against
a taxpayer who has been guilty of fraud or misrepresentation
35.21.850
(2010 Ed.)
Miscellaneous Provisions
of a material fact; or (2) where a taxpayer has executed a written waiver of such limitations; or (3) against a taxpayer who
has not registered as required by the ordinance of the city or
town imposing such tax or fee, provided this subsection shall
not apply to a taxpayer who has registered in any city or town
where the taxpayer maintains an office or terminal, or in the
case of a taxpayer who has paid a license fee or tax based on
such gross receipts to any city or town levying same which
may reasonably be construed to be the principal market of the
taxpayer but in which he or she maintains no office or terminal. [2009 c 549 § 2043; 1982 c 169 § 3.]
Additional notes found at www.leg.wa.gov
35.21.851
35.21.851 Taxation of chamber of commerce, similar
business for operation of parking/business improvement
area. (1) A city shall not impose a gross receipts tax on
amounts received by a chamber of commerce or other similar
business association for administering the operation of a
parking and business improvement area within the meaning
of RCW 35.87A.110.
(2) For the purposes of this section, the following definitions apply:
(a) "Gross receipts tax" means a tax measured by gross
proceeds of sales, gross income of the business, or value proceeding or accruing.
(b) "City" includes cities, code cities, and towns. [2005
c 476 § 2.]
35.21.855
35.21.855 Taxation of intellectual property creating
activities—Gross receipts tax prohibited—Exceptions.
(1) A city may not impose a gross receipts tax on intellectual
property creating activities.
(2) A city may impose a gross receipts tax measured by
gross receipts from royalties only on taxpayers domiciled in
the city. For the purposes of this section, "royalties" does not
include gross receipts from casual or isolated sales as defined
in RCW 82.04.040, grants, capital contributions, donations,
or endowments.
(3) This section does not prohibit a city from imposing a
gross receipts tax measured by the value of products manufactured in the city merely because intellectual property creating activities are involved in the design or manufacturing of
the products. An intellectual property creating activity shall
not constitute an activity defined within the meaning of the
term "to manufacture" under chapter 82.04 RCW.
(4) This section does not prohibit a city from imposing a
gross receipts tax measured by the gross proceeds of sales
made in the city merely because intellectual property creating
activities are involved in creation of the articles sold.
(5) This section does not prohibit a city from imposing a
gross receipts tax measured by the gross income received for
services rendered in the city merely because intellectual
property creating activities are some part of services rendered.
(6) A tax in effect on January 1, 2002, is not subject to
this section until January 1, 2004.
(7) The definitions in this subsection apply to this section.
(2010 Ed.)
35.21.860
(a) "Gross receipts tax" means a tax measured by gross
proceeds of sales, gross income of the business, or value proceeding or accruing.
(b) "City" includes cities, code cities, and towns.
(c) "Domicile" means the principal place from which the
trade or business of the taxpayer is directed and managed. A
taxpayer has only one domicile.
(d) "Intellectual property creating activity" means
research, development, authorship, creation, or general or
specific inventive activity without regard to whether the
intellectual property creating activity actually results in the
creation of patents, trademarks, trade secrets, subject matter
subject to copyright, or other intellectual property.
(e) "Manufacture," "gross proceeds of sales," "gross
income of the business," "value proceeding or accruing," and
"royalties" have the same meanings as under chapter 82.04
RCW.
(f) "Value of products" means the value of products as
determined under RCW 82.04.450. [2003 c 69 § 1.]
35.21.860 Electricity, telephone, or natural gas business, service provider—Franchise fees prohibited—
Exceptions. (1) No city or town may impose a franchise fee
or any other fee or charge of whatever nature or description
upon the light and power, or gas distribution businesses, as
defined in RCW 82.16.010, or telephone business, as defined
in RCW 82.16.010, or service provider for use of the
right-of-way, except:
(a) A tax authorized by RCW 35.21.865 may be
imposed;
(b) A fee may be charged to such businesses or service
providers that recovers actual administrative expenses
incurred by a city or town that are directly related to receiving
and approving a permit, license, and franchise, to inspecting
plans and construction, or to the preparation of a detailed
statement pursuant to chapter 43.21C RCW;
(c) Taxes permitted by state law on service providers;
(d) Franchise requirements and fees for cable television
services as allowed by federal law; and
(e) A site-specific charge pursuant to an agreement
between the city or town and a service provider of personal
wireless services acceptable to the parties for:
(i) The placement of new structures in the right-of-way
regardless of height, unless the new structure is the result of a
mandated relocation in which case no charge will be imposed
if the previous location was not charged;
(ii) The placement of replacement structures when the
replacement is necessary for the installation or attachment of
wireless facilities, and the overall height of the replacement
structure and the wireless facility is more than sixty feet; or
(iii) The placement of personal wireless facilities on
structures owned by the city or town located in the
right-of-way. However, a site-specific charge shall not apply
to the placement of personal wireless facilities on existing
structures, unless the structure is owned by the city or town.
A city or town is not required to approve the use permit
for the placement of a facility for personal wireless services
that meets one of the criteria in this subsection absent such an
agreement. If the parties are unable to agree on the amount of
the charge, the service provider may submit the amount of the
charge to binding arbitration by serving notice on the city or
35.21.860
[Title 35 RCW—page 101]
35.21.865
Title 35 RCW: Cities and Towns
town. Within thirty days of receipt of the initial notice, each
party shall furnish a list of acceptable arbitrators. The parties
shall select an arbitrator; failing to agree on an arbitrator,
each party shall select one arbitrator and the two arbitrators
shall select a third arbitrator for an arbitration panel. The
arbitrator or arbitrators shall determine the charge based on
comparable siting agreements involving public land and
rights-of-way. The arbitrator or arbitrators shall not decide
any other disputed issues, including but not limited to size,
location, and zoning requirements. Costs of the arbitration,
including compensation for the arbitrator’s services, must be
borne equally by the parties participating in the arbitration
and each party shall bear its own costs and expenses, including legal fees and witness expenses, in connection with the
arbitration proceeding.
(2) Subsection (1) of this section does not prohibit franchise fees imposed on an electrical energy, natural gas, or
telephone business, by contract existing on April 20, 1982,
with a city or town, for the duration of the contract, but the
franchise fees shall be considered taxes for the purposes of
the limitations established in RCW 35.21.865 and 35.21.870
to the extent the fees exceed the costs allowable under subsection (1) of this section. [2007 c 6 § 1020; 2000 c 83 § 8;
1983 2nd ex.s. c 3 § 39; 1982 1st ex.s. c 49 § 2.]
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
"Service provider" defined: RCW 35.99.010.
Additional notes found at www.leg.wa.gov
35.21.865 Electricity, telephone, or natural gas business—Limitations on tax rate changes. No city or town
may change the rate of tax it imposes on the privilege of conducting an electrical energy, natural gas, or telephone business which change applies to business activities occurring
before the effective date of the change, and no rate change
may take effect before the expiration of sixty days following
the enactment of the ordinance establishing the change
except as provided in RCW 35.21.870. [1983 c 99 § 4; 1982
1st ex.s. c 49 § 3.]
35.21.865
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
Additional notes found at www.leg.wa.gov
35.21.870 Electricity, telephone, natural gas, or
steam energy business—Tax limited to six percent—
Exception. (1) No city or town may impose a tax on the privilege of conducting an electrical energy, natural gas, steam
energy, or telephone business at a rate which exceeds six percent unless the rate is first approved by a majority of the voters of the city or town voting on such a proposition.
(2) If a city or town is imposing a rate of tax under subsection (1) of this section in excess of six percent on April 20,
1982, the city or town shall decrease the rate to a rate of six
percent or less by reducing the rate each year on or before
November 1st by ordinances to be effective on January 1st of
the succeeding year, by an amount equal to one-tenth the difference between the tax rate on April 20, 1982, and six percent.
35.21.870
[Title 35 RCW—page 102]
Nothing in this subsection prohibits a city or town from
reducing its rates by amounts greater than the amounts
required in this subsection.
Voter approved rate increases under subsection (1) of
this section shall not be included in the computations under
this subsection. [1984 c 225 § 6; 1983 c 99 § 5; 1982 1st ex.s.
c 49 § 4.]
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
Additional notes found at www.leg.wa.gov
35.21.871 Tax on telephone business—Deferral of
rate reduction. A city or town required by RCW
35.21.870(2) to reduce its rate of taxation on telephone business may defer for one year the required reduction in rates for
the year 1987. If the delay in rate reductions authorized by the
preceding sentence is inadequate for a city or town to offset
the impact of revenue reductions arising from the removal of
revenues from connecting fees, switching charges, or carrier
access charges under the provisions of RCW 35.21.714, then
the legislative body of such city or town may reimpose for
1987 the rates that such city or town had in effect upon telephone business during 1985. In each succeeding year, the city
or town shall reduce the rate by one-tenth of the difference
between the tax rate on April 20, 1982, and six percent.
[1986 c 70 § 3.]
35.21.871
35.21.873 Procedure to correct erroneous mobile
telecommunications service tax. If a customer believes that
an amount of city tax or an assignment of place of primary
use or taxing jurisdiction included on a billing for mobile
telecommunications services is erroneous, the customer shall
notify the home service provider in writing. The customer
shall include in this written notification the street address for
the customer’s place of primary use, the account name and
number for which the customer seeks a correction, and a
description of the error asserted by the customer. Within sixty
days of receiving a notice under this section, the home service provider shall review its records and the electronic database or enhanced zip code used pursuant to RCW 82.32.490
and 82.32.495 to determine the customer’s taxing jurisdiction. The home service provider shall notify the customer in
writing of the results of its review.
The procedures in this section shall be the first remedy
available to customers seeking correction of assignment of
place of primary use or taxing jurisdiction, or a refund of or
other compensation for taxes, charges, and fees erroneously
collected by the home service provider, and no cause of
action based upon a dispute arising from such taxes, charges,
or fees shall accrue to the extent otherwise permitted by law
until a customer has reasonably exercised the rights and procedures set forth in this section. [2002 c 67 § 16.]
35.21.873
Finding—Effective date—2002 c 67: See notes following RCW
82.04.530.
35.21.875 Designation of official newspaper. Each
city and town shall designate an official newspaper by resolution. The newspaper shall be of general circulation in the
city or town and have the qualifications prescribed by chapter
65.16 RCW. [1985 c 469 § 99.]
35.21.875
(2010 Ed.)
Miscellaneous Provisions
35.21.880 Right-of-way donations—Credit against
required improvements. Where the zoning and planning
provisions of a city or town require landscaping, parking, or
other improvements as a condition to granting permits for
commercial or industrial developments, the city or town may
credit donations of right-of-way in excess of that required for
traffic improvement against such landscaping, parking, or
other requirements. [1987 c 267 § 7.]
35.21.880
Right-of-way donations: Chapter 47.14 RCW.
Additional notes found at www.leg.wa.gov
35.21.890 Boundary changes—Providing factual
information—Notice to boundary review board. A city or
town may provide factual information on the effects of a proposed boundary change on the city or town and the area
potentially affected by the boundary change. A statement that
the city or town has such information available, and copies of
any printed materials or information available to be provided
to the public shall be filled [filed] with the boundary review
board for the board’s information. [1989 c 84 § 70.]
35.21.890
35.21.895 Regulation of automatic number or location identification—Prohibited. No city or town may enact
or enforce an ordinance or regulation mandating automatic
number identification or automatic location identification for
a private telecommunications system or for a provider of private shared telecommunications services. [1995 c 243 § 6.]
35.21.895
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
35.21.897 Mobile home, manufactured home, or
park model moving or installing—Copies of permits—
Definitions. (1) A city or town shall transmit a copy of any
permit issued to a tenant or the tenant’s agent for a mobile
home, manufactured home, or park model installation in a
mobile home park to the landlord.
(2) A city or town shall transmit a copy of any permit
issued to a person engaged in the business of moving or
installing a mobile home, manufactured home, or park model
in a mobile home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW
59.20.030;
(b) "Mobile home park" has the same meaning as in
RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the
same meaning as in *RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW
59.20.030. [1999 c 359 § 18.]
35.21.897
*Reviser’s note: RCW 43.63B.010 was recodified as RCW
43.22A.010 pursuant to 2007 c 432 § 13.
Additional notes found at www.leg.wa.gov
35.21.900 Authority to transfer real property. Cities
are authorized to transfer real property pursuant to RCW
43.99C.070 and 43.83D.120. [2006 c 35 § 10.]
35.21.900
Findings—2006 c 35: See note following RCW 43.99C.070.
35.21.905 Consultation with public utilities for
water-sewer facility relocation projects. Cities shall, in the
35.21.905
(2010 Ed.)
35.21.920
predesign phase of construction projects involving relocation
of sewer and/or water facilities, consult with public utilities
operating water/sewer systems in order to coordinate design.
[2007 c 31 § 5.]
35.21.910 Community athletics programs—Sex discrimination prohibited. The antidiscrimination provisions
of RCW 49.60.500 apply to community athletics programs
and facilities operated, conducted, or administered by a city
or town. [2009 c 467 § 4.]
35.21.910
Findings—Declarations—2009 c 467: See note following RCW
49.60.500.
35.21.915 Temporary encampments for the homeless—Hosting by religious organizations authorized—
Prohibitions on local actions. (1) A religious organization
may host temporary encampments for the homeless on property owned or controlled by the religious organization
whether within buildings located on the property or elsewhere on the property outside of buildings.
(2) A city or town may not enact an ordinance or regulation or take any other action that:
(a) Imposes conditions other than those necessary to protect public health and safety and that do not substantially burden the decisions or actions of a religious organization
regarding the location of housing or shelter for homeless persons on property owned by the religious organization;
(b) Requires a religious organization to obtain insurance
pertaining to the liability of a municipality with respect to
homeless persons housed on property owned by a religious
organization or otherwise requires the religious organization
to indemnify the municipality against such liability; or
(c) Imposes permit fees in excess of the actual costs
associated with the review and approval of the required permit applications.
(3) For the purposes of this section, "religious organization" means the federally protected practice of a recognized
religious assembly, school, or institution that owns or controls real property.
(4) An appointed or elected public official, public
employee, or public agency as defined in RCW 4.24.470 is
immune from civil liability for (a) damages arising from the
permitting decisions for a temporary encampment for the
homeless as provided in this section and (b) any conduct or
unlawful activity that may occur as a result of the temporary
encampment for the homeless as provided in this section.
[2010 c 175 § 3.]
35.21.915
Findings—Intent—Construction—Prior consent decrees and negotiated settlements for temporary encampments for the homeless not
superseded—2010 c 175: See notes following RCW 36.01.290.
35.21.920 State and federal background checks of
license applicants and licensees of occupations under local
licensing authority. Cities or towns may, by ordinance,
require a state and federal background investigation of
license applicants or licensees in occupations specified by
ordinance for the purpose of receiving criminal history record
information by city or town officials. The investigation shall
consist of a background check as allowed through the Washington state criminal records privacy act under RCW
10.97.050, the Washington state patrol criminal identification
35.21.920
[Title 35 RCW—page 103]
35.21.925
Title 35 RCW: Cities and Towns
system under RCW 43.43.832 through 43.43.834, and the
federal bureau of investigation. These background checks
must be done through the Washington state patrol identification and criminal history section and may include a national
check from the federal bureau of investigation, which shall be
through the submission of fingerprints. The Washington
state patrol shall serve as the sole source for receipt of fingerprint submissions and the responses to the submissions from
the federal bureau of investigation, which must be disseminated to the city or town. The city or town shall transmit
appropriate fees for a state and national criminal history
check to the Washington state patrol, unless alternately
arranged. [2010 c 47 § 2.]
35.21.925 Supplemental transportation improvements. In addition to any other power and authority conferred to a city that is located in a county having a population
of more than one million five hundred thousand, a city legislative authority may provide or contract for supplemental
transportation improvements to meet mobility needs within
the city’s boundaries. For purposes of this section, a "supplemental transportation improvement" or "supplemental
improvement" means any project, work, or undertaking to
provide or contract for public transportation service in addition to any existing or planned public transportation service
provided by public transportation agencies and systems serving the city. The supplemental authority provided to the city
legislative authority under this section is subject to the following requirements:
(1) Prior to taking any action to provide or contract for
supplemental transportation improvements permitted under
this section, the legislative authority of the city shall conduct
a public hearing at the time and place specified in a notice
published at least once, not less than ten days before the hearing, in a newspaper of general circulation within the proposed
district. The notice must specify the supplemental facilities
or services to be provided or contracted for by the city, and
must include estimated capital, operating, and maintenance
costs. The legislative authority of the city shall hear objections from any person affected by the proposed supplemental
improvements.
(2) Following the hearing held pursuant to subsection (1)
of this section, if the city legislative authority finds that the
proposed supplemental transportation improvements are in
the public interest, the legislative authority shall adopt an
ordinance providing for the supplemental improvements and
provide or contract for the supplemental improvements.
(3) For purposes of providing or contracting for the proposed supplemental transportation improvements, the legislative authority of the city may contract with private providers and nonprofit organizations, and may form public-private
partnerships. Such contracts and partnerships must require
that public transportation services be coordinated with other
public transportation agencies and systems serving the area
and border jurisdictions.
(4) The legislative authorities of cities that are participating jurisdictions in a transportation benefit district, as provided under chapter 36.73 RCW, may petition the transportation benefit district for partial or full funding of supplemental
transportation improvements as prescribed under RCW
36.73.180.
35.21.925
[Title 35 RCW—page 104]
(5) Supplemental transportation improvements must be
consistent with the city’s comprehensive plan under chapter
36.70A RCW. [2010 c 251 § 1.]
35.21.980 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 78.]
35.21.980
Chapter 35.22
Chapter 35.22 RCW
FIRST-CLASS CITIES
Sections
35.22.010
35.22.020
35.22.030
35.22.050
35.22.055
35.22.060
35.22.070
35.22.080
35.22.090
35.22.100
35.22.110
35.22.120
35.22.130
35.22.140
35.22.150
35.22.160
35.22.170
35.22.180
35.22.190
35.22.195
35.22.200
35.22.205
35.22.210
35.22.220
35.22.235
35.22.245
35.22.280
35.22.282
35.22.283
35.22.284
35.22.285
35.22.287
35.22.288
35.22.290
35.22.300
35.22.302
Laws governing.
Mode of exercising powers, functions and duties.
Cities having ten thousand or more population may frame
charter for own government.
Election of freeholders to frame charter.
Election of freeholders in cities of three hundred thousand or
more population—Designation of positions—Rotation of
names on ballots.
Submission of charter—Publication.
Election on adoption of charter—Notice.
Conduct of elections.
Form of ballot.
Certificates of election to officers.
Authentication of charter.
Petition for submission of charter amendment.
Requisites of petition—Effect of favorable vote.
New or revised charter—Petition—Freeholders.
Submission of new charter.
Election on adoption of new charter.
Publication of proposed charter.
Conduct of elections.
Effect of favorable vote.
Powers of cities adopting charters.
Legislative powers of charter city—Where vested—Direct
legislation.
Compensation and hours of mayor and elected officials.
Separate designation of councilmembers in certain first-class
cities.
Repeal of separate designation.
First-class mayor-council cities—Twelve councilmembers.
First-class mayor-council cities—Seven councilmembers.
Specific powers enumerated.
City and town license fees and taxes on financial institutions.
City license fees or taxes on certain business activities to be at
a single uniform rate.
Association of sheriffs and police chiefs.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Publication of ordinances or summary—Public notice of hearings and meeting agendas.
Additional powers—Auditoriums, art museums.
Leasing of land for auditoriums, etc.
Conveyance or lease of space above real property or structures
or improvements.
(2010 Ed.)
First-Class Cities
35.22.305
35.22.310
35.22.320
35.22.330
35.22.340
35.22.350
35.22.360
35.22.362
35.22.365
35.22.370
35.22.410
35.22.415
35.22.425
35.22.570
35.22.580
35.22.590
35.22.600
35.22.610
35.22.620
35.22.625
35.22.630
35.22.635
35.22.640
35.22.650
35.22.660
35.22.680
35.22.685
35.22.690
35.22.695
35.22.700
35.22.705
35.22.900
Department for administration, etc., of property incident to
civic center—Creation authorized—Supervision—Authority.
Cesspools, filling of—Removal of debris, etc.
Collection of cost of filling cesspools, etc.
Radio communication.
Streets—Railroad franchises in, along, over, and across.
Utilities—Collective bargaining with employees.
Utilities—Wage adjustments.
Nuclear thermal power facilities—Joint development with
public utility districts and electrical companies.
Public transportation systems in municipalities—Financing.
Wards—Division of city.
Wharves—City may let wharves or privileges thereon.
Municipal airport located in unincorporated area—Subject to
county comprehensive plan and zoning ordinances.
Criminal code repeals by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
Omnibus grant of powers to first-class cities.
Diversion of local improvement moneys prohibited—Refund
of excess.
Bonds voted by people—Transfer of excess to redemption
fund.
Liability for violations of RCW 35.22.580 or 35.22.590.
Police officers—Appointment without regard to residence
authorized.
Public works or improvements—Limitations on work by public employees—Small works roster—Purchase of reused or
recycled materials or products.
Public works or improvements—Inapplicability of RCW
35.22.620 to certain agreements relating to water pollution
control, solid waste handling facilities.
Public works or improvements—Cost amounts—How determined.
Public works or improvements—Low bidder claiming error—
Prohibition on later bid for same project.
Public works or improvements—Electrical distribution and
generating systems—Customer may contract with qualified
electrical contractor.
Public works or improvements—Minority business, employees—Contract, contents.
Child care facilities—Review of need and demand—Adoption
of ordinances.
Residential care facilities—Review of need and demand—
Adoption of ordinances.
Conditional and special use permit applications by parties
licensed or certified by the department of social and health
services or the department of corrections—Mediation prior
to appeal required.
First-class cities subject to limitations on moratoria, interim
zoning controls.
Planning regulations—Copies provided to county assessor.
Conformance with chapter 43.97 RCW required.
Purchase of electric power and energy from joint operating
agency.
Liberal construction.
Accident claims against: RCW 35.31.020.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Advancement in classification: RCW 35.06.010.
Annexation of federal areas: RCW 35.13.185.
Bond issues by proxy: Chapter 35.36 RCW.
Charters
provisions on local improvements superseded: RCW 35.43.030.
subject to general laws: State Constitution Art. 11 § 10 (Amendment 40).
Classification as: RCW 35.01.010.
Discrimination, administrative remedies authorized: RCW 49.60.330.
Employment of legal interns: RCW 35.21.760.
Harbor improvements, joint planning authorized: RCW 88.32.240,
88.32.250.
Health officer, birth and death records, furnishing of, fees: RCW 70.58.107.
Inhabitants at time of organization: RCW 35.01.010.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
(2010 Ed.)
35.22.030
Limitations on indebtedness: State Constitution Art. 7 § 2 (Amendments 55,
59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050.
Local improvement
bonds: Chapters 35.43 through 35.48 RCW.
bonds, collection of assessments: RCW 35.49.010.
laws superseded: RCW 35.43.030.
Lost and found property: Chapter 63.21 RCW.
Municipal transportation systems, budget by transportation commission:
RCW 35.32A.010.
Officers
salaries of, not to be changed during term: State Constitution Art. 11 § 8
(Amendment 57).
vacancies not to be extended: State Constitution Art. 11 § 8 (Amendment
57).
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Parking, off-street facilities: Chapter 35.86 RCW.
Police
regulations, enforcement of: State Constitution Art. 11 § 11.
relief and pensions in first-class cities: Chapter 41.20 RCW.
Public funds
deposited with treasurer: State Constitution Art. 11 § 15.
use of, by official, a felony: State Constitution Art. 11 § 14.
Public health pooling fund: Chapter 70.12 RCW.
Retirement and pensions: Chapter 41.28 RCW.
Roadways, elevated, authority to construct: RCW 35.85.010.
Sanitary fills: RCW 35.73.010.
Service of summons on, personal service: RCW 4.28.080.
Sidewalks, construction and reconstruction, generally: Chapter 35.69 RCW.
Streets and alleys, grades at high elevation, drainage impractical on private
abutting land, effect: Chapter 35.73 RCW.
Subways, authority to construct: RCW 35.85.050.
Taxes, collection by county treasurer: RCW 36.29.100, 36.29.110.
Tunnels, authority to construct: RCW 35.85.050.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Viaducts, authority to construct: RCW 35.85.010.
Vital statistics, primary registration district: RCW 70.58.010.
35.22.010 Laws governing. Cities of the first class
shall be organized and governed according to the law providing for the government of cities having a population of ten
thousand or more inhabitants that have adopted a charter in
accordance with Article XI, section 10 of the state Constitution. [1997 c 361 § 12; 1965 c 7 § 35.22.010. Prior: 1890 p
143 § 23; RRS § 8947.]
35.22.010
First class city, defined: RCW 35.01.010.
35.22.020 Mode of exercising powers, functions and
duties. The form of the organization and the manner and
mode in which cities of the first class shall exercise the powers, functions and duties conferred upon them by law, with
respect to their own government, shall be as provided in the
charters thereof. [1965 c 7 § 35.22.020. Prior: 1911 c 17 § 1;
RRS § 8948.]
35.22.020
35.22.030 Cities having ten thousand or more population may frame charter for own government. Any city
with a population of ten thousand or more inhabitants may
frame a charter for its own government. [1965 ex.s. c 47 § 5;
1965 c 7 § 35.22.030. Prior: 1890 p 215 § 1; RRS § 8951.]
35.22.030
Cities of ten thousand or more
may frame charters without change in classification: RCW 35.22.195.
[Title 35 RCW—page 105]
35.22.050
Title 35 RCW: Cities and Towns
permitted to frame charters: State Constitution Art. 11 § 10 (Amendment
40).
35.22.050 Election of freeholders to frame charter.
Whenever the population of a city is ten thousand or more,
the legislative authority thereof shall provide by ordinance
for an election to be held therein for the purpose of electing
fifteen freeholders for the purpose of framing a charter for the
city. The members of the board of freeholders must be qualified electors and must have been residents of the city for a
period of at least two years prior to their election. [1965 ex.s.
c 47 § 7; 1965 c 7 § 35.22.050. Prior: 1890 p 216 § 3, part;
RRS § 8953, part.]
35.22.050
35.22.055 Election of freeholders in cities of three
hundred thousand or more population—Designation of
positions—Rotation of names on ballots. Notwithstanding
any other provision of law, whenever the population of a city
is three hundred thousand persons or more, not less than ten
days before the time for filing declarations of candidacy for
election of freeholders under Article XI, section 10 (Amendment 40), of the state Constitution, the city clerk shall designate the positions to be filled by consecutive number, commencing with one. The positions to be designated shall be
dealt with as separate offices for all election purposes, and
each candidate shall file for one, but only one, of the positions so designated.
In the printing of ballots, the positions of the names of
candidates for each numbered position shall be changed as
many times as there are candidates for the numbered positions, following insofar as applicable the procedure provided
for in *RCW 29.30.040 for the rotation of names on primary
ballots, the intention being that ballots at the polls will reflect
as closely as practicable the rotation procedure as provided
for therein. [1974 ex.s. c 1 § 1.]
35.22.055
*Reviser’s note: RCW 29.30.040 was recodified as RCW 29A.36.140
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.36.140 was
subsequently repealed by 2004 c 271 § 193.
Additional notes found at www.leg.wa.gov
35.22.060 Submission of charter—Publication. The
board of freeholders shall convene within ten days after their
election and frame a charter for the city and within thirty days
thereafter, they, or a majority of them, shall submit the charter to the legislative authority of the city, which, within five
days thereafter, shall cause it to be published in the newspaper having the largest general circulation within the city at
least once each week for four weeks next preceding the day
of submitting the same to the electors for their approval.
[1985 c 469 § 22; 1965 ex.s. c 47 § 8; 1965 c 7 § 35.22.060.
Prior: 1890 p 216 § 3, part; RRS § 8953, part.]
35.22.060
Submission of proposed charter, publication: State Constitution Art. 11 § 10
(Amendment 40).
35.22.070 Election on adoption of charter—Notice.
Within five days after the filing with the city clerk of affidavits of publication, which affidavits shall be filed immediately after the last publication, the legislative authority of the
city shall initiate the proceedings for the submission of the
proposed charter to the qualified voters of the city for their
adoption or rejection at either a general or special election. At
35.22.070
[Title 35 RCW—page 106]
this election the first officers to serve under the provisions of
the proposed charter shall also be elected. In electing from
wards, the division into wards as specified in the proposed
charter shall govern; in all other respects the then existing
laws relating to such election shall govern. The notice shall
specify the objects for which the election is held, and shall be
given as required by law. [1965 ex.s. c 47 § 9; 1965 c 7 §
35.22.070. Prior: (i) 1890 p 216 § 3, part; RRS § 8953, part.
(ii) 1890 p 223 § 6, part; RRS § 8977, part.]
Election on adoption of charter, notice: State Constitution Art. 11 § 10
(Amendment 40).
35.22.080 Conduct of elections. The election of the
members of the board of freeholders and that upon the proposition of adopting or rejecting the proposed charter and the
officers to be elected thereunder, the returns of both elections,
the canvassing thereof and the declaration of the result shall
be governed by the laws regulating and controlling elections
in the city. [1965 c 7 § 35.22.080. Prior: (i) 1890 p 216 § 3,
part; RRS § 8953, part. (ii) 1890 p 223 § 6, part; RRS § 8977,
part. (iii) 1890 p 217 § 4, part; RRS § 8954, part.]
35.22.080
Elections: Title 29A RCW.
35.22.090 Form of ballot. The form of ballot in the
election for the adoption or rejection of the proposed charter
shall be: "For the proposed charter," "Against the proposed
charter." In submitting the proposed charter or amendments
thereto, any alternate article or proposition may be presented
for the choice of the voters and may be voted on separately
without prejudice to others. In submitting such amendment,
article or proposition, the form of the ballot shall be: "For
article No. . . . . of the charter," "Against article No. . . . . of
the charter." [1965 c 7 § 35.22.090. Prior: 1890 p 216 § 3,
part; RRS § 8953, part.]
35.22.090
35.22.100 Certificates of election to officers. If a
majority of the votes cast at the election upon the adoption of
the proposed charter favor it, certificates of election shall be
issued to each officer elected at that election. Within ten days
after the issuance of the certificates of election, the newly
elected officers shall qualify as provided in the charter, and
on the tenth day thereafter at twelve o’clock noon of that day,
the officers so elected and qualified shall enter upon the
duties of the offices to which they were elected and at such
time the charter shall be authenticated, recorded, attested and
go into effect. When so authenticated, recorded and attested,
the charter shall become the organic law of the city and
supersede any existing charter and amendments thereto and
all special laws inconsistent therewith. [1965 c 7 §
35.22.100. Prior: (i) 1890 p 223 § 6, part; RRS § 8977, part.
(ii) 1890 p 217 § 4, part; RRS § 8954, part.]
35.22.100
35.22.110 Authentication of charter. The authentication of the charter shall be by certificate of the mayor in substance as follows:
35.22.110
"I . . . . . ., mayor of the city of . . . . . . do hereby certify
that in accordance with the provisions of the Constitution and
statutes of the State of Washington, the city of . . . . . . caused
fifteen freeholders to be elected on the . . . . day of . . . . . .
19. . . to prepare a charter for the city; that due notice of that
(2010 Ed.)
First-Class Cities
election was given in the manner provided by law and that the
following persons were declared elected to prepare and propose a charter for the city, to wit: . . . . . . . . .
That thereafter on the . . . . day of . . . . . . 19. . . the board
of freeholders returned a proposed charter for the city of
. . . . . . signed by the following members thereof: . . . . . . . . .
That thereafter the proposed charter was published in
(Indicate name of newspaper in which published) for at least
once each week for four weeks next preceding the day of submitting the same to the electors for their approval. (Indicate
dates of publication)
That thereafter on the . . . . day of . . . . . . 19. . ., at an
election duly called and held, the proposed charter was submitted to the qualified electors thereof, and the returns canvassed resulting as follows: For the proposed charter, . . . .
votes; against the proposed charter, . . . . votes; majority for
the proposed charter, . . . . votes; whereupon the charter was
declared adopted by a majority of the qualified electors voting at the election.
I further certify that the foregoing is a full, true and complete copy of the proposed charter so voted upon and adopted
as aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand
and affix the corporate seal of said city at my office this . . . .
day of . . . . . . 19. . .
Attest:
.....................
.....................
Mayor of the city of
Clerk of the city of . . . . . . (Corporate Seal)."
Immediately after authentication, the authenticated charter shall be recorded by the city clerk in a book provided for
that purpose known as the charter book of the city of . . . . . .
and when so recorded shall be attested by the clerk and mayor
under the corporate seal of the city. All amendments shall be
in like manner recorded and attested.
All courts shall take judicial notice of a charter and all
amendments thereto when recorded and attested as required
in this section. [1965 ex.s. c 47 § 10; 1965 c 7 § 35.22.110.
Prior: 1890 p 217 § 4, part; RRS § 8954, part.]
35.22.120 Petition for submission of charter amendment. On petition of a number (equal to fifteen percent of the
total number of votes cast at the last preceding general state
election) of qualified voters of any municipality having
adopted a charter under the laws of this state, asking the
adoption of a specified charter amendment, providing for any
matter within the realm of local affairs, or municipal business, the said amendment shall be submitted to the voters at
the next regular municipal election, occurring thirty days or
more after said petition is filed, and if approved by a majority
of the local electors of the municipality voting upon it, such
amendment shall become a part of the charter organic law
governing such municipality. [1965 c 7 § 35.22.120. Prior:
1949 c 233 § 1; 1903 c 186 § 1; Rem. Supp. 1949 § 8963.]
35.22.170
for the purpose of electing a board of freeholders for the purpose of preparing a new charter for the city as provided in
RCW 35.22.140 shall be filed with the city clerk and each
signer shall write his or her place of residence after his or her
signature. This and RCW 35.22.120 do not deprive city
councils of the right to submit proposed charter amendments
but affords a concurrent and additional method of submission. [2009 c 549 § 2044; 1967 c 123 § 2; 1965 c 7 §
35.22.130. Prior: (i) 1903 c 186 § 2; RRS § 8964. (ii) 1903
c 186 § 3; RRS § 8965.]
35.22.140 New or revised charter—Petition—Freeholders. On the petition of a number of registered voters of
a city equal to twenty-five percent of the total votes cast at the
last preceding city election, the city council of a charter city
shall, or without such petition may, cause an election to be
held for the purpose of electing a board of fifteen freeholders
for the purpose of preparing a new charter for the city by
altering, revising, adding to or repealing the existing charter
including all amendments thereto. The members of the board
of freeholders must be qualified electors and must have been
residents in the city for a period of at least two years prior to
their election. At such election the proposition of whether or
not a board of freeholders shall be created at all shall be separately stated on the ballots and unless a majority of the votes
cast upon that proposition favor it, no further steps shall be
taken in the proceedings. [1965 ex.s. c 47 § 11; 1965 c 7 §
35.22.140. Prior: 1945 c 55 1, part; 1925 ex.s. c 137 § 1, part;
1895 c 27 § 1, part; Rem. Supp. 1945 § 8955, part.]
35.22.140
Amendment of charter: State Constitution Art. 11 § 10 (Amendment 40).
35.22.150 Submission of new charter. Within ten days
after the results of the election have been determined, if a
majority of the votes cast favor the proceeding, the members
of the board of freeholders elected thereat shall convene and
prepare a new charter by altering, revising, adding to, or
repealing the existing charter including all amendments
thereto and within one year thereafter file it with the city
clerk. [1974 ex.s. c 1 § 2; 1965 c 7 § 35.22.150. Prior: 1945
c 55 § 1, part; 1925 ex.s. c 137 § 1, part; 1895 c 27 § 1, part;
Rem. Supp. 1945 § 8955, part.]
35.22.150
35.22.120
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.22.130 Requisites of petition—Effect of favorable
vote. A petition containing the demand for the submission of
the proposed charter amendment or for an election to be held
35.22.130
(2010 Ed.)
Additional notes found at www.leg.wa.gov
35.22.160 Election on adoption of new charter. Upon
the filing of the proposed new, altered, changed or revised
charter with the city clerk, it shall be submitted to the qualified voters of the city at an election to be called therefor pursuant to the provisions of law applicable to the holding of
elections in such city. [1965 c 7 § 35.22.160. Prior: 1925
ex.s. c 137 § 2, part; 1895 c 27 § 2, part; RRS § 8956, part.]
35.22.160
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.22.170 Publication of proposed charter. The proposed new, altered or revised charter shall be published in the
newspaper having the largest general circulation within the
city at least once each week for four weeks next preceding the
day of submitting the same to the electors for their approval.
[1985 c 469 § 23; 1965 ex.s. c 47 § 12; 1965 c 7 § 35.22.170.
Prior: 1925 ex.s. c 137 § 3; 1895 c 27 § 3; RRS § 8957.]
35.22.170
[Title 35 RCW—page 107]
35.22.180
Title 35 RCW: Cities and Towns
Publication of amendments to charter: State Constitution Art. 11 § 10
(Amendment 40).
Findings—Intent—Severability—2001 c 73: See notes following
RCW 35.21.015.
Powers of cities adopting charters: RCW 35.22.195.
35.22.180 Conduct of elections. The election of the
board of freeholders and that upon the proposition of adopting the proposed new, altered or revised charter, may be general or special elections and except as herein provided, said
elections, the returns, the canvassing thereof and the declaration of the result shall be governed by the laws regulating and
controlling elections in the city. In both cases the notice specifying the object of the election must be given at least ten
days before the day of election. [1965 c 7 § 35.22.180. Prior:
(i) 1895 c 27 § 4; RRS § 8958. (ii) 1895 c 27 § 5; RRS §
8959.]
35.22.180
Election on amendment to charter: State Constitution Art. 11 § 10 (Amendment 40).
35.22.190 Effect of favorable vote. If a majority of the
voters voting upon the adoption of the proposed new, altered
or revised charter favor it, it shall become the charter of the
city and the organic law thereof, superseding any existing
charter. All bodies or offices abolished or dispensed with by
the new, altered or revised charter, together with the emoluments thereof shall immediately cease to exist, and any new
offices created shall be filled by appointment of the mayor
until the next general election subject to such approval by the
city council as may be required by the new, altered or revised
charter. [1965 c 7 § 35.22.190. Prior: (i) 1925 ex.s. c 137 §
2, part; 1895 c 27 § 2, part; RRS § 8956, part. (ii) 1895 c 27 §
6; RRS § 8962.]
35.22.190
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.22.195 Powers of cities adopting charters. Any
city adopting a charter under Article XI, section 10 of the
Constitution of the state of Washington, as amended by
amendment 40, shall have all of the powers which are conferred upon incorporated cities and towns by Title 35 RCW,
or other laws of the state, and all such powers as are usually
exercised by municipal corporations of like character and
degree. [1965 ex.s. c 47 § 2. Formerly RCW 35.21.620.]
35.22.195
Legislative powers of charter city: RCW 35.22.200.
35.22.200 Legislative powers of charter city—Where
vested—Direct legislation. The legislative powers of a
charter city shall be vested in a mayor and a city council, to
consist of such number of members and to have such powers
as may be provided for in its charter. The charter may provide
for direct legislation by the people through the initiative and
referendum upon any matter within the scope of the powers,
functions, or duties of the city. The mayor and council and
such other elective officers as may be provided for in such
charter shall be elected at such times and in such manner as
provided in *Title 29 RCW, and for such terms and shall perform such duties as may be prescribed in the charter, and
shall receive compensation in accordance with the process or
standards of a charter provision or ordinance which conforms
with RCW 35.21.015. [2001 c 73 § 2; 1965 ex.s. c 47 § 13;
1965 c 7 § 35.22.200. Prior: (i) 1890 p 223 § 6, part; RRS §
8977, part. (ii) 1927 c 52 § 1; 1911 c 17 § 2; RRS § 8949.]
35.22.200
*Reviser’s note: Title 29 RCW was repealed and/or recodified in its
entirety pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW.
[Title 35 RCW—page 108]
35.22.205 Compensation and hours of mayor and
elected officials. The compensation and the time to be
devoted to the performance of the duties of the mayor and
elected officials of all cities of the first class shall be as fixed
by ordinance of said city irrespective of any city charter provisions. [1965 c 7 § 35.22.205. Prior: 1957 c 113 § 1; 1955
c 354 § 1.]
35.22.205
35.22.210 Separate designation of councilmembers in
certain first-class cities. Any city of the first class having a
population less than one hundred thousand by the last federal
census and having a charter providing that each of its councilmembers shall be the commissioner of an administrative
department of such city, may by ordinance provide for the
separate designation of such councilmembers as officers, in
accordance with such administrative departments, and for
their filing for and election to office under such separate designations. [2009 c 549 § 2045; 1965 c 7 § 35.22.210. Prior:
1925 ex.s. c 61 § 1; RRS § 8948-1.]
35.22.210
35.22.220 Repeal of separate designation. Whenever
any such city shall have passed such an ordinance providing
for such separate designations and for filing for and election
to office in accordance therewith, such city shall have no
power to repeal the same except by ordinance passed by the
council of such city and submitted to the voters thereof at a
general or special election and ratified by a majority of the
voters voting thereon. [1965 c 7 § 35.22.220. Prior: 1925
ex.s. c 61 § 2; RRS § 8948-2.]
35.22.220
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.22.235 First-class mayor-council cities—Twelve
councilmembers. All regular elections in first-class cities
having a mayor-council form of government whose charters
provide for twelve councilmembers elected for a term of two
years, two being elected from each of six wards, and for the
election of a mayor, treasurer, and comptroller for terms of
two years, shall be held biennially as provided in RCW
29A.04.330. The term of each councilmember, mayor, treasurer, and comptroller shall be four years and until his or her
successor is elected and qualified and assumes office in
accordance with RCW 29A.20.040. The terms of the councilmembers shall be so staggered that six councilmembers
shall be elected to office at each regular election. [2003 c 111
§ 2301. Prior: 1981 c 213 § 3; 1979 ex.s. c 126 § 11; 1965 c
9 § 29.13.023; prior: 1963 c 200 § 2; 1957 c 168 § 1. Formerly RCW 29.13.023.]
35.22.235
Effective date—2003 c 111: See RCW 29A.04.903.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.22.245 First-class mayor-council cities—Seven
councilmembers. All regular elections in first-class cities
having a mayor-council form of government whose charters
provide for seven councilmembers, one to be elected from
each of six wards and one at large, for a term of two years,
and for the election of a mayor, comptroller, treasurer and
35.22.245
(2010 Ed.)
First-Class Cities
attorney for two year terms, shall be held biennially as provided in RCW 29A.04.330. The terms of the six councilmembers to be elected by wards shall be four years and
until their successors are elected and qualified and the term of
the councilmember to be elected at large shall be two years
and until their successors are elected and qualified. The
terms of the councilmembers shall be so staggered that three
ward councilmembers and the councilmember at large shall
be elected at each regular election. The term of the mayor,
attorney, treasurer, and comptroller shall be four years and
until their successors are elected and qualified and assume
office in accordance with RCW 29A.20.040. [2003 c 111 §
2302. Prior: 1981 c 213 § 4; 1979 ex.s. c 126 § 12; 1965 c 9
§ 29.13.024; prior: 1963 c 200 § 3; 1957 c 168 § 2. Formerly
RCW 29.13.024.]
Effective date—2003 c 111: See RCW 29A.04.903.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.22.280 Specific powers enumerated. Any city of
the first class shall have power:
(1) To provide for general and special elections, for
questions to be voted upon, and for the election of officers;
(2) To provide for levying and collecting taxes on real
and personal property for its corporate uses and purposes, and
to provide for the payment of the debts and expenses of the
corporation;
(3) To control the finances and property of the corporation, and to acquire, by purchase or otherwise, such lands and
other property as may be necessary for any part of the corporate uses provided for by its charter, and to dispose of any
such property as the interests of the corporation may, from
time to time, require;
(4) To borrow money for corporate purposes on the
credit of the corporation, and to issue negotiable bonds therefor, on such conditions and in such manner as shall be prescribed in its charter; but no city shall, in any manner or for
any purpose, become indebted to an amount in the aggregate
to exceed the limitation of indebtedness prescribed by chapter 39.36 RCW as now or hereafter amended;
(5) To issue bonds in place of or to supply means to meet
maturing bonds or other indebtedness, or for the consolidation or funding of the same;
(6) To purchase or appropriate private property within or
without its corporate limits, for its corporate uses, upon making just compensation to the owners thereof, and to institute
and maintain such proceedings as may be authorized by the
general laws of the state for the appropriation of private property for public use;
(7) To lay out, establish, open, alter, widen, extend,
grade, pave, plank, establish grades, or otherwise improve
streets, alleys, avenues, sidewalks, wharves, parks, and other
public grounds, and to regulate and control the use thereof,
and to vacate the same, and to authorize or prohibit the use of
electricity at, in, or upon any of said streets, or for other purposes, and to prescribe the terms and conditions upon which
the same may be so used, and to regulate the use thereof;
(8) To change the grade of any street, highway, or alley
within its corporate limits, and to provide for the payment of
damages to any abutting owner or owners who shall have
built or made other improvements upon such street, highway,
35.22.280
(2010 Ed.)
35.22.280
or alley at any point opposite to the point where such change
shall be made with reference to the grade of such street, highway, or alley as the same existed prior to such change;
(9) To authorize or prohibit the locating and constructing
of any railroad or street railroad in any street, alley, or public
place in such city, and to prescribe the terms and conditions
upon which any such railroad or street railroad shall be
located or constructed; to provide for the alteration, change of
grade, or removal thereof; to regulate the moving and operation of railroad and street railroad trains, cars, and locomotives within the corporate limits of said city; and to provide
by ordinance for the protection of all persons and property
against injury in the use of such railroads or street railroads;
(10) To provide for making local improvements, and to
levy and collect special assessments on property benefited
thereby, and for paying for the same or any portion thereof;
(11) To acquire, by purchase or otherwise, lands for public parks within or without the limits of such city, and to
improve the same. When the language of any instrument by
which any property is so acquired limits the use of said property to park purposes and contains a reservation of interest in
favor of the grantor or any other person, and where it is found
that the property so acquired is not needed for park purposes
and that an exchange thereof for other property to be dedicated for park purposes is in the public interest, the city may,
with the consent of the grantor or such other person, his or her
heirs, successors, or assigns, exchange such property for
other property to be dedicated for park purposes, and may
make, execute, and deliver proper conveyances to effect the
exchange. In any case where, owing to death or lapse of time,
there is neither donor, heir, successor, or assignee to give
consent, this consent may be executed by the city and filed
for record with an affidavit setting forth all efforts made to
locate people entitled to give such consent together with the
facts which establish that no consent by such persons is
attainable. Title to property so conveyed by the city shall vest
in the grantee free and clear of any trust in favor of the public
arising out of any prior dedication for park purposes, but the
right of the public shall be transferred and preserved with like
force and effect to the property received by the city in such
exchange;
(12) To construct and keep in repair bridges, viaducts,
and tunnels, and to regulate the use thereof;
(13) To determine what work shall be done or improvements made at the expense, in whole or in part, of the owners
of the adjoining contiguous, or proximate property, or others
specially benefited thereby; and to provide for the manner of
making and collecting assessments therefor;
(14) To provide for erecting, purchasing, or otherwise
acquiring waterworks, within or without the corporate limits
of said city, to supply said city and its inhabitants with water,
or authorize the construction of same by others when deemed
for the best interests of such city and its inhabitants, and to
regulate and control the use and price of the water so supplied;
(15) To provide for lighting the streets and all public
places, and for furnishing the inhabitants thereof with gas or
other lights, and to erect, or otherwise acquire, and to maintain the same, or to authorize the erection and maintenance of
such works as may be necessary and convenient therefor, and
to regulate and control the use thereof;
[Title 35 RCW—page 109]
35.22.280
Title 35 RCW: Cities and Towns
(16) To establish and regulate markets, and to provide
for the weighing, measuring, and inspection of all articles of
food and drink offered for sale thereat, or at any other place
within its limits, by proper penalties, and to enforce the keeping of proper legal weights and measures by all vendors in
such city, and to provide for the inspection thereof. Whenever the words "public markets" are used in this chapter, and
the public market is managed in whole or in part by a public
corporation created by a city, the words shall be construed to
include all real or personal property located in a district or
area designated by a city as a public market and traditionally
devoted to providing farmers, crafts vendors and other merchants with retail space to market their wares to the public.
Property located in such a district or area need not be exclusively or primarily used for such traditional public market
retail activities and may include property used for other public purposes including, but not limited to, the provision of
human services and low-income or moderate-income housing;
(17) To erect and establish hospitals and pesthouses, and
to control and regulate the same;
(18) To provide for establishing and maintaining reform
schools for juvenile offenders;
(19) To provide for the establishment and maintenance
of public libraries, and to appropriate, annually, such percent
of all moneys collected for fines, penalties, and licenses as
shall be prescribed by its charter, for the support of a city
library, which shall, under such regulations as shall be prescribed by ordinance, be open for use by the public;
(20) To regulate the burial of the dead, and to establish
and regulate cemeteries within or without the corporate limits, and to acquire land therefor by purchase or otherwise; to
cause cemeteries to be removed beyond the limits of the corporation, and to prohibit their establishment within two miles
of the boundaries thereof;
(21) To direct the location and construction of all buildings in which any trade or occupation offensive to the senses
or deleterious to public health or safety shall be carried on,
and to regulate the management thereof; and to prohibit the
erection or maintenance of such buildings or structures, or the
carrying on of such trade or occupation within the limits of
such corporation, or within the distance of two miles beyond
the boundaries thereof;
(22) To provide for the prevention and extinguishment of
fires and to regulate or prohibit the transportation, keeping, or
storage of all combustible or explosive materials within its
corporate limits, and to regulate and restrain the use of fireworks;
(23) To establish fire limits and to make all such regulations for the erection and maintenance of buildings or other
structures within its corporate limits as the safety of persons
or property may require, and to cause all such buildings and
places as may from any cause be in a dangerous state to be
put in safe condition;
(24) To regulate the manner in which stone, brick, and
other buildings, party walls, and partition fences shall be constructed and maintained;
(25) To deepen, widen, dock, cover, wall, alter, or
change the channels of waterways and courses, and to provide for the construction and maintenance of all such works
as may be required for the accommodation of commerce,
[Title 35 RCW—page 110]
including canals, slips, public landing places, wharves,
docks, and levees, and to control and regulate the use thereof;
(26) To control, regulate, or prohibit the anchorage,
moorage, and landing of all watercrafts and their cargoes
within the jurisdiction of the corporation;
(27) To fix the rates of wharfage and dockage, and to
provide for the collection thereof, and to provide for the
imposition and collection of such harbor fees as may be consistent with the laws of the United States;
(28) To license, regulate, control, or restrain wharf boats,
tugs, and other boats used about the harbor or within such
jurisdiction;
(29) To require the owners of public halls or other buildings to provide suitable means of exit; to provide for the prevention and abatement of nuisances, for the cleaning and
purification of watercourses and canals, for the drainage and
filling up of ponds on private property within its limits, when
the same shall be offensive to the senses or dangerous to
health; to regulate and control, and to prevent and punish, the
defilement or pollution of all streams running through or into
its corporate limits, and for the distance of five miles beyond
its corporate limits, and on any stream or lake from which the
water supply of said city is taken, for a distance of five miles
beyond its source of supply; to provide for the cleaning of
areas, vaults, and other places within its corporate limits
which may be so kept as to become offensive to the senses or
dangerous to health, and to make all such quarantine or other
regulations as may be necessary for the preservation of the
public health, and to remove all persons afflicted with any
infectious or contagious disease to some suitable place to be
provided for that purpose;
(30) To declare what shall be a nuisance, and to abate the
same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist;
(31) To regulate the selling or giving away of intoxicating, malt, vinous, mixed, or fermented liquors as authorized
by the general laws of the state: PROVIDED, That no license
shall be granted to any person or persons who shall not first
comply with the general laws of the state in force at the time
the same is granted;
(32) To grant licenses for any lawful purpose, and to fix
by ordinance the amount to be paid therefor, and to provide
for revoking the same. However, no license shall be granted
to continue for longer than one year from the date thereof. A
city may not require a business to be licensed based solely
upon registration under or compliance with the streamlined
sales and use tax agreement;
(33) To regulate the carrying on within its corporate limits of all occupations which are of such a nature as to affect
the public health or the good order of said city, or to disturb
the public peace, and which are not prohibited by law, and to
provide for the punishment of all persons violating such regulations, and of all persons who knowingly permit the same
to be violated in any building or upon any premises owned or
controlled by them;
(34) To restrain and provide for the punishment of
vagrants, mendicants, prostitutes, and other disorderly persons;
(35) To provide for the punishment of all disorderly conduct, and of all practices dangerous to public health or safety,
and to make all regulations necessary for the preservation of
(2010 Ed.)
First-Class Cities
public morality, health, peace, and good order within its limits, and to provide for the arrest, trial, and punishment of all
persons charged with violating any of the ordinances of said
city. The punishment shall not exceed a fine of five thousand
dollars or imprisonment in the city jail for one year, or both
such fine and imprisonment. The punishment for any criminal ordinance shall be the same as the punishment provided in
state law for the same crime. Such cities alternatively may
provide that violations of ordinances constitute a civil violation subject to monetary penalties, but no act which is a state
crime may be made a civil violation;
(36) To project or extend its streets over and across any
tidelands within its corporate limits, and along or across the
harbor areas of such city, in such manner as will best promote
the interests of commerce;
(37) To provide in their respective charters for a method
to propose and adopt amendments thereto. [2009 c 549 §
2046; 2008 c 129 § 1; 1993 c 83 § 4; 1990 c 189 § 3; 1986 c
278 § 3; 1984 c 258 § 802; 1977 ex.s. c 316 § 20; 1971 ex.s.
c 16 § 1; 1965 ex.s. c 116 § 2; 1965 c 7 § 35.22.280. Prior:
1890 p 218 § 5; RRS § 8966.]
Additional notes found at www.leg.wa.gov
35.22.302
city shall establish a procedure for notifying the public of
upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but
not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 7; 1988 c 168 § 1; 1985 c 469 §
100.]
35.22.290
35.22.290 Additional powers—Auditoriums, art
museums. Every city of the first class may lease, purchase,
or construct, and maintain public auditoriums and art museums and may use and let them for such public and private
purposes for such compensation and rental and upon such
conditions as shall be prescribed by ordinance; it may issue
negotiable bonds for the purchase and construction thereof on
such conditions and in such manner as shall be prescribed by
its charter and by general law for the borrowing of money for
corporate purposes. [1965 c 7 § 35.22.290. Prior: 1925 ex.s.
c 81 § 1; 1923 c 179 § 1; RRS § 8981-2.]
35.22.300
35.22.282 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
35.22.282
35.22.283 City license fees or taxes on certain business activities to be at a single uniform rate. See RCW
35.21.710.
35.22.283
35.22.284 Association of sheriffs and police chiefs.
See chapter 36.28A RCW.
35.22.284
35.22.285 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
35.22.285
35.22.287 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.22.287
35.22.288 Publication of ordinances or summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of the
content of each ordinance shall be published at least once in
the official newspaper of the city. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of
bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the
city publishes a summary, the publication shall include a
statement that the full text of the ordinance will be mailed
upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance, every
35.22.288
(2010 Ed.)
35.22.300 Leasing of land for auditoriums, etc. If a
city of the first class has acquired title to land for public auditoriums or art museums, it may let it or any part thereof,
together with the structures and improvements constructed or
to be constructed thereon for such term as may be deemed
proper and may raise the needed funds for financing the
project, in whole or in part, by transferring or pledging the
use and income thereof in such manner as the corporate
authorities deem proper.
Any lessee under any such lease may mortgage the leasehold interest and may issue bonds to be secured by the mortgage and may pledge the rent and income of the property to
accrue during the term of the lease or any part thereof for the
due financing of the project: PROVIDED, That the corporate
authorities may specify in any such lease such provisions and
restrictions relating thereto as they shall deem proper. [1965
c 7 § 35.22.300. Prior: 1925 c 12 § 1; RRS § 8981-3.]
35.22.302
35.22.302 Conveyance or lease of space above real
property or structures or improvements. The legislative
authority of every city of the first and second class owning
real property, not limited by dedication or trust to a particular
public use, may convey or lease for public or private use any
estate, right or interest in the areas above the surface of the
ground of such real property or structures or improvements
thereon: PROVIDED, That the estate, right or interest so created and conveyed and the use authorized in connection
therewith will not in the judgment of said legislative authority be needed for or be inconsistent with the public purposes
for which such property was acquired, is being used, or to
which it is to be devoted: PROVIDED FURTHER, That the
legislative authority may impose conditions and restrictions
on the use to be made of the estate, right or interest conveyed
or leased, in the same manner and to the same extent as may
be done by any vendor or lessor of real estate.
No conveyance or lease authorized by this section shall
permit, authorize or suffer the lessee or grantee to encumber
[Title 35 RCW—page 111]
35.22.305
Title 35 RCW: Cities and Towns
that portion of the real estate devoted to or needed for public
purposes. [1967 ex.s. c 99 § 1.]
35.22.305 Department for administration, etc., of
property incident to civic center—Creation authorized—
Supervision—Authority. The legislative authority of any
city of the first class of more than four hundred thousand population shall have, notwithstanding any charter or statutory
provision to the contrary, authority by ordinance to create a
separate department of municipal government for the administration, management and control of any multiple use city
property, including improvements thereon, devoted to educational, cultural, recreational, entertainment, athletic, convention and such other uses as shall be declared by ordinance to
be incident to a civic center. The supervision of said department shall be by a manager, board or commission to be
appointed in the manner, receive such compensation and perform such duties as may be prescribed by ordinance which
may include authority to enter into leases, concessions and
other agreements on behalf of the city, appoint and remove
employees subject to applicable civil service provisions,
advertise events and publicize and otherwise promote the use
of such civic center facilities, and operate, manage and control municipal off-street parking and public transportation
facilities heretofore or hereafter erected primarily to serve
such civic center. All expenditures, purchases and improvements made or performed by or under the direction of said
department shall be subject to applicable charter provisions
and statutes. [1965 c 132 § 1.]
35.22.305
35.22.310 Cesspools, filling of—Removal of debris,
etc. Every city of the first class is empowered to provide for
the filling and closing of cesspools and for the removing of
garbage, debris, grass, weeds, and brush on property in the
city. [1965 c 7 § 35.22.310. Prior: 1907 c 89 § 1; RRS §
8972.]
35.22.310
35.22.320 Collection of cost of filling cesspools, etc.
Every city of the first class by general ordinance may prescribe the mode and manner of assessing, levying and collecting assessments upon property for filling and closing cesspools thereon and removing garbage, debris, grass, weeds,
and brush and provide that the charges therefor shall be a lien
on the property upon which such work is done and collected
in such manner as is prescribed in the ordinance. [1965 c 7 §
35.22.320. Prior: 1907 c 89 § 2; RRS § 8973.]
35.22.320
35.22.330 Radio communication. Every city of the
first class maintaining a harbor department may install, maintain, and operate in connection therewith wireless telegraph
stations for the handling of official and commercial messages
and for communicating with wireless land and shore stations
under such regulations as the corporate authorities may prescribe and in accordance with the statutes and regulations of
the federal government. [1965 c 7 § 35.22.330. Prior: 1923
c 92 § 1; RRS § 8981-1.]
35.22.330
35.22.340 Streets—Railroad franchises in, along,
over, and across. Every city of the first class may by ordinance authorize the location, construction, and operation of
railroads in, along, over, and across any highway, street,
alley, or public place in the city for such term of years and
upon such conditions as the city council may by ordinance
prescribe notwithstanding any provisions of the city charter
limiting the length of terms of franchises or requiring franchises to contain a provision granting the city the right to
appropriate by purchase the property of any corporation
receiving a franchise, license, privilege, or authority: PROVIDED, That this does not apply to street railroads nor to
railroads operated in connection with street railroads in and
along the streets of such city. [1965 c 7 § 35.22.340. Prior:
1907 c 41 § 1; RRS § 8971.]
35.22.350 Utilities—Collective bargaining with
employees. Every city of the first class which owns and
operates a waterworks system, a light and power system, a
street railway or other public utility, shall have power,
through its proper officers, to deal with and to enter into contracts for periods not exceeding one year with its employees
engaged in the construction, maintenance, or operation
thereof through the accredited representatives of the employees including any labor organization or organizations authorized to act for them concerning wages, hours and conditions
of labor in such employment, and every city having not less
than one hundred forty thousand nor more than one hundred
and seventy thousand population is empowered and authorized to immediately place in effect any adjustment or change
in such wages, hours and conditions of labor of such employees as may be required to conform to the provisions of any
such contract, irrespective of the provisions of any annual
budget or act relating thereto: PROVIDED, That not more
than one such contract not in conformity with any annual
budget shall be made during any budget year, nor shall any
such adjustment or change be made which would result in an
excess of expenditures over revenues of such public utility.
[1965 c 7 § 35.22.350. Prior: 1955 c 145 § 1; 1951 c 21 § 1;
1935 c 37 § 1; RRS § 8966-5.]
35.22.350
Labor regulations: Title 49 RCW.
35.22.360 Utilities—Wage adjustments. Notwithstanding any annual budget or statute relating thereto, any
city of the first class owning and operating a public utility, or
the city’s public utility department, may make an adjustment
or change of the rate of daily wages of employees of any such
public utility if such adjustment or change is accompanied by
or is approximately coincidental with a shortening of the
work week of the employees and if the adjustment or change
will not result in any increase in pay per week, or excess of
expenditures of the public utility over its revenues. [1965 c 7
§ 35.22.360. Prior: 1937 c 16 § 1; RRS § 9000-22a.]
35.22.360
35.22.362 Nuclear thermal power facilities—Joint
development with public utility districts and electrical
companies. See chapter 54.44 RCW.
35.22.362
35.22.365 Public transportation systems in municipalities—Financing. See chapter 35.95 RCW.
35.22.365
35.22.340
[Title 35 RCW—page 112]
35.22.370 Wards—Division of city. Notwithstanding
that the charter of a city of the first class may forbid the city
35.22.370
(2010 Ed.)
First-Class Cities
council from redividing the city into wards except at stated
periods, if the city has failed to redivide the city into wards
during any such period, the city council by ordinance may do
so at any time thereafter: PROVIDED, That there shall not
be more than one redivision into wards during any one period
specified in the charter. [1965 c 7 § 35.22.370. Prior: 1903 c
141 § 1; RRS § 8970.]
35.22.410 Wharves—City may let wharves or privileges thereon. Every city of the first class may let the whole
or any part of a wharf, or the privileges thereon owned by the
city, for periods not to exceed one year in such manner, and
upon such terms, as may be prescribed by a general ordinance. [1965 c 7 § 35.22.410. Prior: 1911 c 67 § 1; RRS §
8967.]
35.22.410
35.22.415 Municipal airport located in unincorporated area—Subject to county comprehensive plan and
zoning ordinances. Whenever a first-class city owns and
operates a municipal airport which is located in an unincorporated area of a county, the airport shall be subject to the
county’s comprehensive plan and zoning ordinances in the
same manner as if the airport were privately owned and operated. [1979 ex.s. c 124 § 10.]
35.22.415
Additional notes found at www.leg.wa.gov
35.22.600
35.22.580 Diversion of local improvement moneys
prohibited—Refund of excess. Whenever any city of the
first class shall levy and collect moneys by sale of bonds or
otherwise for any local improvement by special assessment
therefor, the same shall be carried in a special fund to be used
for said purpose, and no part thereof shall be transferred or
diverted to any other fund or use: PROVIDED, That any
funds remaining after the payment of the whole cost and
expense of such improvement, in excess of the total sum
required to defray all the expenditures by the city on account
thereof, shall be refunded on demand to the amount of such
overpayment: PROVIDED FURTHER, That this section
shall not be deemed to require the refunding of any balance in
any local improvement fund after the payment of all outstanding obligations issued against such fund, where such
balance accrues from any saving in interest or from penalties
collected upon delinquent assessments, but any such balance
may be turned into the general fund or otherwise disposed of,
as the legislative authority of such city may direct by ordinance. The provisions of this section relating to the refund of
excess local improvement district funds shall not apply to any
district whose obligations are guaranteed by the local
improvement guaranty fund. [1965 c 7 § 35.22.580. Prior:
1917 c 58 § 1; 1915 c 17 § 1; RRS § 8983. Formerly RCW
35.45.100.]
35.22.580
35.22.590 Bonds voted by people—Transfer of excess
to redemption fund. (1) Whenever the issuance or sale of
bonds or other obligations of any city of the first class has
been authorized by vote of the people, as provided by any
existing charter or laws, for any special improvement or purpose, the proceeds of the sale of such bonds including premiums if any shall be carried in a special fund to be devoted to
the purpose for which such bonds were authorized, and no
portion of such bonds shall be transferred or diverted to any
other fund or purpose: PROVIDED, That nothing herein
shall be held to prevent the transfer to the interest and
redemption fund of any balance remaining in the treasury
after the completion of such improvement or purpose so
authorized: PROVIDED FURTHER, That nothing herein
shall prevent the city council from disposing of such bonds,
or any portion thereof, in such amounts and at such times as
it shall direct, but no such bonds shall be sold for less than
par. Such bonds may be in any form, including bearer bonds
or registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 35; 1965 c 7 § 35.22.590. Prior:
1915 c 17 § 2; RRS § 8984. Formerly RCW 35.45.110.]
35.22.590
35.22.425 Criminal code repeals by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A city of the first
class operating a municipal court may not repeal in its
entirety that portion of its municipal code defining crimes or
repeal a provision of its municipal code which defines a
crime equivalent to an offense listed in RCW 46.63.020
unless the municipality has reached an agreement with the
appropriate county under chapter 39.34 RCW under which
the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The
agreement shall include provisions for periodic review and
renewal of the terms of the agreement. If the municipality
and the county are unable to agree on the terms for renewal of
the agreement, they shall be deemed to have entered into an
agreement to submit the issue to arbitration under chapter
7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The
municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to
submit to arbitration under chapter 7.04A RCW. [2005 c 433
§ 38; 1984 c 258 § 204.]
35.22.425
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Elections: Title 29A RCW.
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
35.22.600 Liability for violations of RCW 35.22.580
or 35.22.590. Any ordinance, resolution, order or other
action of any city council, board or officer, and every city
warrant or other instrument in writing made in violation of
any of the provisions of RCW 35.22.580 or 35.22.590 shall
be void, and every officer, agent or employee of any such
city, or member of the city council, or other board thereof,
and every private person or corporation who knowingly com35.22.600
35.22.570 Omnibus grant of powers to first-class cities. Any city adopting a charter under the provisions of this
chapter shall have all the powers which are conferred upon
incorporated cities and towns by this title or other laws of the
state, and all such powers as are usually exercised by municipal corporations of like character and degree. [1965 c 7 §
35.22.570. Prior: 1890 p 224 § 7; RRS § 8981.]
35.22.570
(2010 Ed.)
[Title 35 RCW—page 113]
35.22.610
Title 35 RCW: Cities and Towns
mits any violation thereof or knowingly aids in such violation, shall be liable to the city concerned for all moneys so
transferred, diverted or paid out, which liability shall also
attach to and be enforceable against the official bond (if any)
of any such officer, agent, employee, member of city council
or board. [1965 c 7 § 35.22.600. Prior: 1915 c 17 § 3; RRS
§ 8985. Formerly RCW 35.45.120.]
35.22.610 Police officers—Appointment without
regard to residence authorized. Notwithstanding the provisions of RCW 35.21.200, as now or hereafter amended, all
cities of the first class shall have the right and authority to
appoint and employ a person as a regular or special police
officer of said city regardless of his or her place of residence
or domicile at the date of his or her appointment.
This provision shall supersede any provision of any city
charter to the contrary. [2009 c 549 § 2047; 1967 ex.s. c 37 §
1.]
35.22.610
Residence requirements for appointive city officials and employees: RCW
35.21.200.
35.22.620 Public works or improvements—Limitations on work by public employees—Small works roster—Purchase of reused or recycled materials or products. (1) As used in this section, the term "public works"
means as defined in RCW 39.04.010.
(2) A first-class city may have public works performed
by contract pursuant to public notice and call for competitive
bids. As limited by subsection (3) of this section, a first-class
city may have public works performed by city employees in
any annual or biennial budget period equal to a dollar value
not exceeding ten percent of the public works construction
budget, including any amount in a supplemental public works
construction budget, over the budget period. The amount of
public works that a first-class city has a county perform for it
under RCW 35.77.020 shall be included within this ten percent limitation.
If a first-class city has public works performed by public
employees in any budget period that are in excess of this ten
percent limitation, the amount in excess of the permitted
amount shall be reduced from the otherwise permitted
amount of public works that may be performed by public
employees for that city in its next budget period. Twenty percent of the motor vehicle fuel tax distributions to that city
shall be withheld if two years after the year in which the
excess amount of work occurred, the city has failed to so
reduce the amount of public works that it has performed by
public employees. The amount so withheld shall be distributed to the city when it has demonstrated in its reports to the
state auditor that the amount of public works it has performed
by public employees has been so reduced.
Whenever a first-class city has had public works performed in any budget period up to the maximum permitted
amount for that budget period, all remaining public works
within that budget period shall be done by contract pursuant
to public notice and call for competitive bids.
The state auditor shall report to the state treasurer any
first-class city that exceeds this amount and the extent to
which the city has or has not reduced the amount of public
works it has performed by public employees in subsequent
years.
35.22.620
[Title 35 RCW—page 114]
(3) In addition to the percentage limitation provided in
subsection (2) of this section, a first-class city shall not have
public employees perform a public works project in excess of
ninety thousand dollars if more than a single craft or trade is
involved with the public works project, or a public works
project in excess of forty-five thousand dollars if only a single craft or trade is involved with the public works project or
the public works project is street signalization or street lighting. A public works project means a complete project. The
restrictions in this subsection do not permit the division of the
project into units of work or classes of work to avoid the
restriction on work that may be performed by day labor on a
single project.
(4) In addition to the accounting and record-keeping
requirements contained in RCW 39.04.070, every first-class
city annually shall prepare a report for the state auditor indicating the total public works construction budget and supplemental public works construction budget for that year, the
total construction costs of public works performed by public
employees for that year, and the amount of public works that
is performed by public employees above or below ten percent
of the total construction budget. However, if a city budgets
on a biennial basis, this annual report shall indicate the
amount of public works that is performed by public employees within the current biennial period that is above or below
ten percent of the total biennial construction budget.
Each first-class city with a population of one hundred
fifty thousand or less shall use the form required by RCW
43.09.205 to account and record costs of public works in
excess of five thousand dollars that are not let by contract.
(5) The cost of a separate public works project shall be
the costs of materials, supplies, equipment, and labor on the
construction of that project. The value of the public works
budget shall be the value of all the separate public works
projects within the budget.
(6) The competitive bidding requirements of this section
may be waived by the city legislative authority pursuant to
RCW 39.04.280 if an exemption contained within that section applies to the work or contract.
(7) In lieu of the procedures of subsections (2) and (6) of
this section, a first-class city may let contracts using the small
works roster process in RCW 39.04.155.
Whenever possible, the city shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under this section.
(8) The allocation of public works projects to be performed by city employees shall not be subject to a collective
bargaining agreement.
(9) This section does not apply to performance-based
contracts, as defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A RCW.
(10) Nothing in this section shall prohibit any first-class
city from allowing for preferential purchase of products made
from recycled materials or products that may be recycled or
reused. [2009 c 229 § 3; 2002 c 94 § 1; 2000 c 138 § 203;
1998 c 278 § 2; 1993 c 198 § 9; 1989 c 431 § 59; 1987 c 120
§ 1. Prior: 1985 c 219 § 1; 1985 c 169 § 6; 1979 ex.s. c 89 §
1; 1975 1st ex.s. c 56 § 1.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
(2010 Ed.)
First-Class Cities
Competitive bidding violations by municipal officer, penalties: RCW
39.30.020.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
Additional notes found at www.leg.wa.gov
35.22.625 Public works or improvements—Inapplicability of RCW 35.22.620 to certain agreements relating
to water pollution control, solid waste handling facilities.
RCW 35.22.620 does not apply to the selection of persons or
entities to construct or develop water pollution control facilities or to provide water pollution control services under RCW
70.150.040 or the selection of persons or entities to construct
or develop solid waste handling facilities or to provide solid
waste handling services under RCW 35.21.156. [1989 c 399
§ 4; 1987 c 436 § 8.]
35.22.625
35.22.630 Public works or improvements—Cost
amounts—How determined. The cost of any public work
or improvement for the purposes of RCW 35.22.620 and
35.22.640 shall be the aggregate of all amounts to be paid for
labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously
or in close sequence: PROVIDED, That the cost of water services and metering equipment furnished by any first-class
city in the course of a water service installation from the utility-owned main to and including the meter box assembly
shall not be included as part of the aggregate cost as provided
herein. The breaking down of any public work or improvement into units or accomplishing any public work or
improvement by phases for the purpose of avoiding the minimum dollar amount prescribed in RCW 35.22.620 is contrary to public policy and is prohibited. [1975 1st ex.s. c 56 §
2.]
35.22.630
35.22.635 Public works or improvements—Low bidder claiming error—Prohibition on later bid for same
project. A low bidder who claims error and fails to enter into
a contract with a city for a public works project is prohibited
from bidding on the same project if a second or subsequent
call for bids is made for the project. [1996 c 18 § 1.]
35.22.635
35.22.640 Public works or improvements—Electrical
distribution and generating systems—Customer may
contract with qualified electrical contractor. Cities of the
first class are relieved from complying with the provisions of
RCW 35.22.620 with respect to any public work or improvement relating solely to electrical distribution and generating
systems on public rights-of-way or on municipally owned
property: PROVIDED, That if a city-owned electrical utility
directly assesses its customers a service installation charge
for a temporary service, permanent service, or expanded service, the customer may, with the written approval of the cityowned electric utility, contract with a qualified electrical contractor licensed under chapter 19.28 RCW to install any
material or equipment in lieu of having city utility personnel
perform the installation. In the event the city-owned electric
utility denies the customer’s request to utilize a private electrical contractor for such installation work, it shall provide
the customer with written reasons for such denial: PROVIDED FURTHER, That nothing herein shall prevent any
35.22.640
(2010 Ed.)
35.22.660
first-class city from operating a solid waste department utilizing its own personnel.
If a customer elects to employ a private electrical contractor as provided in this section, the private electrical contractor shall be solely responsible for any damages resulting
from the installation of any temporary service, permanent
service, or expanded service and the city-owned electrical
utility shall be immune from any tortious conduct actions as
to that installation. [1983 c 217 § 1; 1975 1st ex.s. c 56 § 3.]
35.22.650 Public works or improvements—Minority
business, employees—Contract, contents. All contracts by
and between a first-class city and contractors for any public
work or improvement exceeding the sum of ten thousand dollars, or fifteen thousand dollars for construction of water
mains, shall contain the following clause:
"Contractor agrees that the contractor shall actively
solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids
for the subcontracting of goods or services from qualified
minority businesses. Contractor shall furnish evidence of the
contractor’s compliance with these requirements of minority
employment and solicitation. Contractor further agrees to
consider the grant of subcontracts to said minority bidders on
the basis of substantially equal proposals in the light most
favorable to said minority businesses. The contractor shall be
required to submit evidence of compliance with this section
as part of the bid."
As used in this section, the term "minority business"
means a business at least fifty-one percent of which is owned
by minority group members. Minority group members
include, but are not limited to, blacks, women, native Americans, Asians, Eskimos, Aleuts, and Hispanics. [2002 c 307 §
3; 1975 1st ex.s. c 56 § 4.]
35.22.650
Effective date—2002 c 307: See note following RCW 1.20.130.
35.22.660 Child care facilities—Review of need and
demand—Adoption of ordinances. If a first-class city
zones pursuant to its inherent charter authority and not pursuant to chapter 35.63 RCW, and does not provide for the siting
of family day care homes in zones or areas that are designated
for single family or other residential uses, and for the siting of
mini-day care centers and day care centers in zones or areas
that are designated for any residential or commercial uses, the
city shall conduct a review of the need and demand for child
care facilities, including the cost of any conditional or special
use permit that may be required. The review shall be completed by August 30, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall
be sent to the *department of community development by
September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 335 § 7.]
35.22.660
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
[Title 35 RCW—page 115]
35.22.680
Title 35 RCW: Cities and Towns
development by 1993 c 280, effective July 1, 1994. The "department of
community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 35.22.660: See RCW 35.63.170.
35.22.680 Residential care facilities—Review of need
and demand—Adoption of ordinances. If a first-class city
zones pursuant to its inherent charter authority and not pursuant to chapter 35.63 RCW, and does not provide for the siting
of residential care facilities in zones or areas that are designated for single family or other residential uses, the city shall
conduct a review of the need and demand for the facilities,
including the cost of any conditional or special use permit
that may be required. The review shall be completed by
August 30, 1990. A copy of the findings, conclusions, and
recommendations resulting from the review shall be sent to
the *department of community development by September
30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 427 § 39.]
35.22.680
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of
community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
35.22.685 Conditional and special use permit applications by parties licensed or certified by the department
of social and health services or the department of corrections—Mediation prior to appeal required. A final decision by a hearing examiner involving a conditional or special
use permit application under a home-rule charter that is
requested by a party that is licensed or certified by the department of social and health services or the department of corrections is subject to mediation under RCW 35.63.260 before
an appeal may be filed. [1998 c 119 § 4.]
35.22.685
35.22.690 First-class cities subject to limitations on
moratoria, interim zoning controls. A first-class city that
plans under the authority of its charter is subject to the provisions of RCW 35.63.200. [1992 c 207 § 2.]
35.22.690
35.22.695 Planning regulations—Copies provided to
county assessor. By July 31, 1997, a first-class city planning
under RCW 36.70A.040 shall provide to the county assessor
a copy of the first-class city’s comprehensive plan and development regulations in effect on July 1st of that year and shall
thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following
year. [1996 c 254 § 2.]
35.22.695
35.22.700 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
35.22.700
[Title 35 RCW—page 116]
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by a
city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including
the Interstate Compact adopted by RCW 43.97.015, and with
the management plan regulations and ordinances adopted by
the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 5.]
35.22.705 Purchase of electric power and energy
from joint operating agency. A city of the first class may
contract to purchase from a joint operating agency electric
power and energy required for its present or future requirements. For projects the output of which is limited to qualified
a lt e r n a t iv e e n e r g y r es o u r ce s a s d e f i n e d b y R C W
19.29A.090(3), the contract may include the purchase of
capability of the projects to produce electricity in addition to
the actual output of the projects. The contract may provide
that the city must make the payments required by the contract
whether or not a project is completed, operable, or operating
and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or
the power and energy contracted for. The contract may also
provide that payments under the contract are not subject to
reduction, whether by offset or otherwise, and shall not be
conditioned upon the performance or nonperformance of the
joint operating agency or a city, town, or public utility district
under the contract or other instrument. [2003 c 138 § 4.]
35.22.705
35.22.900 Liberal construction. The rule that statutes
in derogation of the common law are to be strictly construed
shall have no application to this chapter, but the same shall be
liberally construed for the purpose of carrying out the objects
for which this chapter is intended. [1965 c 7 § 35.22.900.
Prior: 1890 p 224 § 8.]
35.22.900
Chapter 35.23
Chapter 35.23 RCW
SECOND-CLASS CITIES
Sections
35.23.010
35.23.021
35.23.031
35.23.051
35.23.081
35.23.091
35.23.101
35.23.111
35.23.121
35.23.131
35.23.134
35.23.141
35.23.142
35.23.144
35.23.146
35.23.148
35.23.161
35.23.170
35.23.181
35.23.191
35.23.201
35.23.211
Rights, powers, and privileges—Exchange of park purpose
property.
City officers enumerated—Compensation—Appointment and
removal.
Eligibility to hold elective office.
Elections—Terms of office—Positions and wards.
Oath and bond of officers.
Compensation of officers—Expenses—Nonstate pensions.
Vacancies.
City attorney—Duties.
City clerk—Duties—Deputies.
City treasurer—Duties.
Association of sheriffs and police chiefs.
Duty of officers collecting moneys.
Combination of offices of treasurer with clerk—Authorized.
Combination of offices of treasurer with clerk—Powers of
clerk.
Combination of offices of treasurer with clerk—Powers of
treasurer.
Combination of offices of treasurer with clerk—Ordinance—
Termination of combined offices.
Chief of police and police department.
Park commissioners.
City council—Oath—Meetings.
City council—Mayor pro tempore.
City council—Meetings—Journal.
Ordinances—Style—Requisites—Veto.
(2010 Ed.)
Second-Class Cities
35.23.221
35.23.251
35.23.261
35.23.270
35.23.290
35.23.311
35.23.325
35.23.330
35.23.331
35.23.351
35.23.352
35.23.371
35.23.380
35.23.410
35.23.420
35.23.430
35.23.440
35.23.442
35.23.443
35.23.444
35.23.445
35.23.452
35.23.454
35.23.455
35.23.456
35.23.457
35.23.460
35.23.470
35.23.480
35.23.490
35.23.505
35.23.515
35.23.525
35.23.535
35.23.545
35.23.555
35.23.560
35.23.570
35.23.580
35.23.680
35.23.705
35.23.800
35.23.805
35.23.810
35.23.815
35.23.820
35.23.825
35.23.830
35.23.835
35.23.840
35.23.845
35.23.850
Ordinances—Publication—Summary—Public notice of hearings and meeting agendas.
Ordinances granting franchises—Requisites.
Audit and allowance of demands against city.
City council—Quorum—Rules—Journal, etc.
City council—Entry of ayes and noes on journal.
Eminent domain.
Payment of claims and obligations by warrant or check.
Limitation on allowance of claims, warrants, etc.
Nuisances.
Application of RCW 35.23.352 to certain agreements relating
to water pollution control, solid waste handling facilities.
Public works—Contracts—Bids—Small works roster—Purchasing requirements, recycled or reused materials or products.
Taxation—Street poll tax.
Exclusive franchises prohibited.
Leasing of street ends on waterfront.
Notice of lease to be published before execution.
Railroads in streets to be assessed for street improvement.
Specific powers enumerated.
City and town license fees and taxes on financial institutions.
City license fees or taxes on certain business activities to be at
a single uniform rate.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Additional powers—Acquisition, control, and disposition of
property.
Additional powers—Parking meter revenue for revenue
bonds.
Additional powers—Construction and operation of boat harbors, marinas, docks, etc.
Additional powers—Ambulances and first aid equipment.
Conveyance or lease of space above real property or structures
or improvements.
Employees’ group insurance—False arrest insurance.
Publicity fund.
Publicity board.
Limitations on use of publicity fund.
Local improvement guaranty fund—Investment in city’s own
guaranteed bonds.
Utilities—City may contract for service or construct own facilities.
Utilities—Method of acquisition—Bonds.
Utilities—Maintenance and operation—Rates.
Procedure to attack consolidation or annexation of territory.
Criminal code repeals by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
Waterworks—Construction by city or by district assessments.
Waterworks—Plans—Special assessments.
Waterworks—Procedure—Bonds.
Cities of ten thousand or more may frame charter without
changing classification.
Purchase of electric power and energy from joint operating
agency.
Code city retaining former second-class city plan—Elective
officers.
Code city retaining former second-class city plan—Elections—Terms of office.
Code city retaining former second-class city plan—Mayor—
General duties.
Code city retaining former second-class city plan—Appointive officers.
Code city retaining former second-class city plan—Health
officer.
Code city retaining former second-class city plan—Street
commissioner.
Code city retaining former second-class city plan—Appointment of officers—Confirmation.
Code city retaining former second-class city plan—Oath and
bond of officers.
Code city retaining former second-class city plan—City council—How constituted.
Code city retaining former second-class city plan—City council—Presiding officer—Voting rights.
Code city retaining former second-class city plan—Wards—
Division of city into.
Accident claims against: RCW 35.31.040, 35.31.050.
Actions against
(2010 Ed.)
35.23.021
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Advancement in classification: RCW 35.06.010.
Annexation
for municipal purposes: RCW 35.13.180.
of federal areas: RCW 35.13.190 through 35.13.210.
Classification as: RCW 35.01.020.
Code of ethics for public officers and employees: Chapters 42.23 and 42.52
RCW.
Eminent domain by cities, construction of chapter as to second-class cities:
RCW 8.12.560.
Inhabitants at time of organization: RCW 35.01.020.
Judgment against local governmental entity, enforcement: RCW 6.17.080.
Limitations on indebtedness: State Constitution Art. 7 § 2 (Amendments 55,
59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050.
Lost and found property: Chapter 63.21 RCW.
Lowlands, local improvement: Chapters 35.55, 35.56 RCW.
Municipal utilities: Chapter 35.92 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Officers, salaries of, not to be changed during term: State Constitution Art.
11 § 8 (Amendment 57).
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Parking, off-street facilities: Chapter 35.86 RCW.
Rules for courts of limited jurisdiction: Volume 0.
Sanitary fills: Chapter 35.73 RCW.
Service of summons on, personal service: RCW 4.28.080.
Sidewalks, construction and reconstruction, generally: Chapter 35.69 RCW.
Streets and alleys, grades at higher elevation, drainage impracticable on
private abutting land, effect: Chapter 35.73 RCW.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
35.23.010 Rights, powers, and privileges—Exchange
of park purpose property. Every city of the second class
shall be entitled "City of . . . . . ." (naming it), and by such
name shall have perpetual succession; may sue and be sued in
all courts and in all proceedings; shall have and use a common seal which it may alter at pleasure; may acquire, hold,
lease, use and enjoy property of every kind and control and
dispose of it for the common benefit; and, upon making a
finding that any property acquired for park purposes is not
useful for such purposes and that an exchange thereof for
other property to be dedicated for park purposes is in the public interest, may, with the consent of the dedicator or donor,
his or her heirs, successors or assigns, exchange such property for other property to be dedicated for park purposes and
make, execute and deliver proper conveyances to effect the
exchange. In any case where owing to death or lapse of time
there is neither donor, heir, successor, nor assigns to give
consent to the exchange, then this consent may be executed
by the grantee. Title to property so conveyed by the city shall
vest in the grantee free and clear of any trust in favor of the
public arising out of any prior dedication for park purposes.
[2009 c 549 § 2048; 1965 c 7 § 35.23.010. Prior: 1953 c 190
§ 1; 1907 c 241 § 1; RRS § 9006.]
35.23.010
35.23.021 City officers enumerated—Compensation—Appointment and removal. The government of a
second-class city shall be vested in a mayor, a city council of
seven members, a city attorney, a clerk, a treasurer, all elec35.23.021
[Title 35 RCW—page 117]
35.23.031
Title 35 RCW: Cities and Towns
tive; and a chief of police, municipal judge, city engineer,
street superintendent, health officer and such other appointive officers as may be provided for by ordinance: PROVIDED, That the council may enact an ordinance providing
for the appointment of the city clerk, city attorney, and treasurer by the mayor, which appointment shall be subject to
confirmation by a majority vote of the city council. Such
ordinance shall be enacted and become effective not later
than thirty days prior to the first day allowed for filing declarations of candidacy for such offices when such offices are
subject to an approaching city primary election. Elective
incumbent city clerks, city attorneys, and city treasurers shall
serve for the remainder of their unexpired term notwithstanding any appointment made pursuant to this section and RCW
35.23.051. If a free public library and reading room is established, five library trustees shall be appointed. The city council by ordinance shall prescribe the duties and fix the compensation of all officers and employees: PROVIDED, That
the provisions of any such ordinance shall not be inconsistent
with any statute: PROVIDED FURTHER, That where the
city council finds that the appointment of a full time city
engineer is unnecessary, it may in lieu of such appointment,
by resolution provide for the performance of necessary engineering services on either a part time, temporary or periodic
basis by a qualified engineering firm, pursuant to any reasonable contract.
The mayor shall appoint and at his or her pleasure may
remove all appointive officers except as otherwise provided
herein: PROVIDED, That municipal judges shall be
removed only upon conviction of misconduct or malfeasance
in office, or because of physical or mental disability rendering the judge incapable of performing the duties of his or her
office. Every appointment or removal must be in writing
signed by the mayor and filed with the city clerk. [1994 c 81
§ 35; 1993 c 47 § 1; 1987 c 3 § 9; 1969 c 116 § 1; 1965 ex.s.
c 116 § 9; 1965 c 7 § 35.24.020. Prior: 1961 c 81 § 1; 1955 c
365 § 2; 1955 c 55 § 5; prior: (i) 1915 c 184 § 2; 1891 c 156
§ 4; 1890 p 179 § 105; RRS § 9115. (ii) 1929 c 182 § 1, part;
1927 c 159 § 1; 1915 c 184 § 3, part; 1893 c 57 § 1; 1891 c
156 § 1; 1890 p 179 § 106; RRS § 9116, part. (iii) 1915 c 184
§ 28; 1890 p 196 § 137; RRS § 9142. Formerly RCW
35.24.020.]
Additional notes found at www.leg.wa.gov
35.23.031 Eligibility to hold elective office. No person
is eligible to hold an elective office in a second-class city
unless the person is a resident and registered voter in the city.
[1997 c 361 § 7.]
35.23.031
35.23.051 Elections—Terms of office—Positions and
wards. General municipal elections in second-class cities
shall be held biennially in the odd-numbered years and shall
be subject to general election law.
The terms of office of the mayor, city attorney, clerk, and
treasurer shall be four years and until their successors are
elected and qualified and assume office in accordance with
*RCW 29.04.170: PROVIDED, That if the offices of city
attorney, clerk, and treasurer are made appointive, the city
attorney, clerk, and treasurer shall not be appointed for a definite term: PROVIDED FURTHER, That the term of the
35.23.051
[Title 35 RCW—page 118]
elected treasurer shall not commence in the same biennium in
which the term of the mayor commences, nor in which the
terms of the city attorney and clerk commence if they are
elected.
Council positions shall be numbered in each second-class city so that council position seven has a two-year
term of office and council positions one through six shall
each have four-year terms of office. Each councilmember
shall remain in office until a successor is elected and qualified and assumes office in accordance with *RCW 29.04.170.
In its discretion the council of a second-class city may
divide the city by ordinance, into a convenient number of
wards, not exceeding six, fix the boundaries of the wards, and
change the ward boundaries from time to time and as provided in *RCW 29.70.100. No change in the boundaries of
any ward shall be made within one hundred twenty days next
before the date of a general municipal election, nor within
twenty months after the wards have been established or
altered. However, if a boundary change results in one ward
being represented by more councilmembers than the number
to which it is entitled, those having the shortest unexpired
terms shall be assigned by the council to wards where there is
a vacancy, and the councilmembers so assigned shall be
deemed to be residents of the wards to which they are
assigned for purposes of determining whether those positions
are vacant.
Whenever such city is so divided into wards, the city
council shall designate by ordinance the number of councilmembers to be elected from each ward, apportioning the
same in proportion to the population of the wards. Thereafter
the councilmembers so designated shall be elected by the voters resident in such ward, or by general vote of the whole city
as may be designated in such ordinance. Council position
seven shall not be associated with a ward and the person
elected to that position may reside anywhere in the city and
voters throughout the city may vote at a primary to nominate
candidates for position seven, when a primary is necessary,
and at a general election to elect the person to council position seven. Additional territory that is added to the city shall,
by act of the council, be annexed to contiguous wards without
affecting the right to redistrict at the expiration of twenty
months after last previous division. The removal of a councilmember from the ward for which he or she was elected
shall create a vacancy in such office.
Wards shall be redrawn as provided in **chapter 29.70
RCW. Wards shall be used as follows: (1) Only a resident of
the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may
vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the
city had prior to January 1, 1994, limited the voting in the
general election for any or all council positions to only voters
residing within the ward associated with the council positions. If a city had so limited the voting in the general election
to only voters residing within the ward, then the city shall be
authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not
exist. [1997 c 361 § 13; 1995 c 134 § 8. Prior: 1994 c 223 §
17; 1994 c 81 § 36; 1979 ex.s. c 126 § 22; 1969 c 116 § 2;
(2010 Ed.)
Second-Class Cities
1965 c 7 § 35.24.050; prior: 1963 c 200 § 15; 1959 c 86 § 4;
1955 c 365 § 3; 1955 c 55 § 6; prior: (i) 1929 c 182 § 1, part;
1927 c 159 § 1; 1915 c 184 § 3, part; 1893 c 57 § 1; 1891 c
156 § 1; 1890 p 179 § 106; RRS § 9116, part. (ii) 1941 c 108
§ 1; 1939 c 87 § 1; Rem. Supp. 1941 § 9116-1. Formerly
RCW 35.24.050.]
Reviser’s note: *(1) RCW 29.04.170 and 29.70.100 were recodified as
RCW 29A.20.040 and 29A.76.010 pursuant to 2003 c 111 § 2401, effective
July 1, 2004.
**(2) Chapter 29.70 RCW was recodified as chapter 29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.23.081 Oath and bond of officers. In a city of the
second class, the treasurer, city attorney, clerk, chief of
police, and such other officers as the council may require
shall each, before entering upon the duties of office, take an
oath of office and execute and file with the clerk an official
bond in such penal sum as the council shall determine, conditioned for the faithful performance of his or her duties and
otherwise conditioned as may be provided by ordinance. The
oath of office shall be filed with the county auditor. [1994 c
81 § 37; 1987 c 3 § 10; 1986 c 167 § 18; 1965 c 7 § 35.24.080.
Prior: 1915 c 184 § 5; 1893 c 70 § 1; 1890 p 179 § 107; RRS
§ 9118. Formerly RCW 35.24.080.]
35.23.081
Additional notes found at www.leg.wa.gov
35.23.091 Compensation of officers—Expenses—
Nonstate pensions. The mayor and the members of the city
council may be reimbursed for actual expenses incurred in
the discharge of their official duties, upon presentation of a
claim therefor, after allowance and approval thereof, by resolution of the city council; and each city councilmember may
be paid for attending council meetings an amount which shall
be fixed by ordinance and may be revised from time to time
by ordinance, but any increase or reduction in the compensation attaching to an office shall not be applicable to the term
then being served by the incumbent.
The city attorney, clerk and treasurer, if elective, shall
severally receive at stated times a compensation to be fixed
by ordinance by the city council.
The mayor and other officers shall receive such compensation as may be fixed by the city council at the time the estimates are made as provided by law.
Any city that provides a pension for any of its employees
under a plan not administered by the state must notify the
state auditor of the existence of the plan at the time of an audit
of the city by the auditor. No city may establish a pension
plan for its employees that is not administered by the state,
except that any defined contribution plan in existence as of
January 1, 1990, is deemed to have been authorized. No city
that provides a defined contribution plan for its employees as
authorized by this section may make any material changes in
the terms or conditions of the plan after June 7, 1990. [1990
c 212 § 1; 1973 1st ex.s. c 87 § 1; 1969 ex.s. c 270 § 8; 1965
c 105 § 1; 1965 c 7 § 35.24.090. Prior: 1961 c 89 § 7; 1941 c
115 § 1; 1915 c 184 § 7; 1893 c 70 § 2; 1890 p 180 § 109;
Rem. Supp. 1941 § 9120. Formerly RCW 35.24.090.]
35.23.091
35.23.101 Vacancies. (1) The council of a second class
city may declare a council position vacant if the councilmem35.23.101
(2010 Ed.)
35.23.131
ber is absent for three consecutive regular meetings without
permission of the council.
(2) A vacancy in an elective office shall occur and shall
be filled as provided in chapter 42.12 RCW. An incumbent
councilmember is eligible to be appointed to fill a vacancy in
the office of mayor.
Vacancies in offices other than that of mayor or city
councilmember shall be filled by appointment of the mayor.
(3) If there is a temporary vacancy in an appointive
office due to illness, absence from the city or other temporary
inability to act, the mayor may appoint a temporary appointee
to exercise the duties of the office until the temporary disability of the incumbent is removed. [2008 c 50 § 1; 1995 c 134
§ 9. Prior: 1994 c 223 § 19; 1994 c 81 § 38; 1965 c 7 §
35.24.100; prior: (i) 1919 c 113 § 1; 1915 c 184 § 6; 1890 p
180 § 108; RRS § 9119. (ii) 1907 c 228 § 5, part; RRS §
9203, part. Formerly RCW 35.24.100.]
Vacancies in office of mayor filled from among city council members: RCW
35.23.191.
35.23.111 City attorney—Duties. The city attorney
shall advise the city authorities and officers in all legal matters pertaining to the business of the city and shall approve all
ordinances as to form. He or she shall represent the city in all
actions brought by or against the city or against city officials
in their official capacity. He or she shall perform such other
duties as the city council by ordinance may direct. [2009 c
549 § 2049; 1965 c 7 § 35.24.110. Prior: 1915 c 184 § 26;
1893 c 70 § 11; 1890 p 192 § 132; RRS § 9140. Formerly
RCW 35.24.110.]
35.23.111
Employment of legal interns: RCW 35.21.760.
35.23.121 City clerk—Duties—Deputies. The city
clerk shall keep a full and true record of every act and proceeding of the city council and keep such books, accounts
and make such reports as may be required by the state auditor. The city clerk shall record all ordinances, annexing
thereto his or her certificate giving the number and title of the
ordinance, stating that the ordinance was published and
posted according to law and that the record is a true and correct copy thereof. The record copy with the clerk’s certificate
shall be prima facie evidence of the contents of the ordinance
and of its passage and publication and shall be admissible as
such evidence in any court or proceeding.
The city clerk shall be custodian of the seal of the city
and shall have authority to acknowledge the execution of all
instruments by the city which require acknowledgment.
The city clerk may appoint a deputy for whose acts he or
she and his or her bondspersons shall be responsible, and he
or she and his or her deputy shall have authority to take all
necessary affidavits to claims against the city and certify
them without charge.
The city clerk shall perform such other duties as may be
required by statute or ordinance. [2007 c 218 § 75; 1995 c
301 § 36; 1965 c 7 § 35.24.120. Prior: 1915 c 184 § 25; RRS
§ 9139. Formerly RCW 35.24.120.]
35.23.121
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
35.23.131 City treasurer—Duties. The city treasurer
shall receive and safely keep all money which comes into his
35.23.131
[Title 35 RCW—page 119]
35.23.134
Title 35 RCW: Cities and Towns
or her hands as treasurer, for all of which he or she shall execute triplicate receipts, one to be filed with the city clerk. He
or she shall receive all money due the city and disburse it on
warrants issued by the clerk countersigned by the mayor, and
not otherwise. He or she shall make monthly settlements
with the city clerk at which time he or she shall deliver to the
clerk the duplicate receipts for all money received and all
canceled warrants as evidence of money paid. [2009 c 549 §
2050; 1965 c 7 § 35.24.130. Prior: 1915 c 184 § 24; 1893 c
70 § 8; 1890 p 192 § 132; RRS § 9138. Formerly RCW
35.24.130.]
35.23.134 Association of sheriffs and police chiefs.
See chapter 36.28A RCW.
35.23.134
with that of treasurer may terminate such combination by
ordinance, fixing the time when the combination shall cease
and thereafter the duties of the offices shall be performed by
separate officials: PROVIDED, That if the office of treasurer
was combined with that of clerk, or an elective office of clerk
was combined with the office of treasurer, the mayor shall
appoint a treasurer and clerk who shall serve until the next
regular municipal general election when a treasurer and clerk
shall be elected for the term as provided by law unless such
city has enacted an ordinance in accordance with *RCW
35.24.020. [1969 c 116 § 6. Formerly RCW 35.24.148.]
*Reviser’s note: RCW 35.24.020 was recodified as RCW 35.23.021
pursuant to 1994 c 81 § 90.
35.23.161 Chief of police and police department. The
department of police in a city of the second class shall be
under the direction and control of the chief of police subject
to the direction of the mayor. Any police officer may pursue
and arrest violators of city ordinances beyond the city limits.
Every citizen shall lend the police chief aid, when
required, for the arrest of offenders and maintenance of public order. With the concurrence of the mayor, the police chief
may appoint additional police officers to serve for one day
only under orders of the chief in the preservation of public
order.
The police chief shall have the same authority as that
conferred upon sheriffs for the suppression of any riot, public
tumult, disturbance of the peace, or resistance against the
laws or the public authorities in the lawful exercise of their
functions and shall be entitled to the same protection.
The police chief shall perform such other services as
may be required by statute or ordinances of the city. [1994 c
81 § 40; 1987 c 3 § 11; 1977 ex.s. c 316 § 22; 1965 c 7 §
35.24.160. Prior: 1915 c 184 § 27; 1893 c 70 § 12; 1890 p
195 § 136; RRS § 9141. Formerly RCW 35.24.160.]
35.23.161
35.23.141 Duty of officers collecting moneys. Every
officer collecting or receiving any money belonging to or for
the use of the city shall settle with the clerk and immediately
pay it into the treasury on the order of the clerk to be credited
to the fund to which it belongs. [1965 c 7 § 35.24.140. Prior:
1915 c 184 § 30; 1890 p 197 § 139; RRS § 9144. Formerly
RCW 35.24.140.]
35.23.141
35.23.142 Combination of offices of treasurer with
clerk—Authorized. The city council of any city of the second class is authorized to provide by ordinance that the office
of treasurer shall be combined with that of clerk, or that the
office of clerk shall be combined with that of treasurer: PROVIDED, That such ordinance shall not be voted upon until
the next regular meeting after its introduction. [1994 c 81 §
39; 1969 c 116 § 3. Formerly RCW 35.24.142.]
35.23.142
35.23.144 Combination of offices of treasurer with
clerk—Powers of clerk. In the event that the office of treasurer is combined with the office of clerk so as to become the
office of clerk-treasurer, the clerk shall exercise all the powers vested in and perform all the duties required to be performed by the treasurer, and in cases where the law requires
the treasurer to sign or execute any papers or documents, it
shall not be necessary for the clerk to sign as treasurer, but
shall be sufficient if he or she signs as clerk. [2009 c 549 §
2051; 1969 c 116 § 4. Formerly RCW 35.24.144.]
35.23.144
35.23.146 Combination of offices of treasurer with
clerk—Powers of treasurer. In the event that the office of
clerk is combined with the office of treasurer so as to become
the office of treasurer-clerk, the treasurer shall exercise all
the powers vested in and perform all the duties required to be
performed by the clerk. [1969 c 116 § 5. Formerly RCW
35.24.146.]
35.23.146
35.23.148 Combination of offices of treasurer with
clerk—Ordinance—Termination of combined offices.
The ordinance provided for combining said offices shall provide the date when the combination shall become effective,
which date shall not be less than three months from the date
when the ordinance becomes effective; and on and after said
date the office of treasurer or clerk, as the case may be, shall
be abolished. Any city which as herein provided, combined
the office of treasurer with that of clerk or the office of clerk
35.23.148
[Title 35 RCW—page 120]
Commencement of actions: Chapter 4.28 RCW.
Duties of chief law enforcement officer receiving found property: RCW
63.21.050.
Law enforcement chaplains authorized: Chapter 41.22 RCW.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Additional notes found at www.leg.wa.gov
35.23.170 Park commissioners. Councils of second-class cities and towns may provide by ordinance, for a
board of park commissioners, not to exceed seven in number,
to be appointed by the mayor, with the consent of the city
council, from citizens of recognized fitness for such position.
No commissioner shall receive any compensation. The first
commissioners shall determine by lot whose term of office
shall expire each year, and a new commissioner shall be
appointed annually to serve for a term of years corresponding
in number to the number of commissioners in order that one
term shall expire each year. Such board of park commissioners shall have only such powers and authority with respect to
the management, supervision, and control of parks and recreational facilities and programs as are granted to it by the
council. [1994 c 81 § 16; 1973 c 76 § 1; 1965 c 7 §
35.23.170. Prior: 1953 c 86 § 1; 1925 ex.s. c 121 § 1; 1907 c
228 § 2; RRS § 9200.]
35.23.170
(2010 Ed.)
Second-Class Cities
35.23.181 City council—Oath—Meetings. The city
council and mayor shall meet in January next succeeding the
date of each general municipal election, and shall take the
oath of office, and shall hold regular meetings at least once
during each month but not to exceed one regular meeting in
each week, at such times as may be fixed by ordinance.
Special meetings may be called by the mayor by written
notice as provided in RCW 42.30.080. No ordinances shall be
passed or contract let or entered into, or bill for the payment
of money allowed at any special meeting.
All meetings of the city council shall be held at such
place as may be designated by the city council. All final
actions on resolutions and ordinances must take place within
the corporate limits of the city. All meetings of the city council must be public. [1993 c 199 § 2; 1965 c 7 § 35.24.180.
Prior: 1915 c 184 § 10, part; 1893 c 70 § 3; 1890 p 181 § 113;
RRS § 9123, part. Formerly RCW 35.24.180.]
35.23.181
35.23.191 City council—Mayor pro tempore. The
members of the city council, at their first meeting each calendar year and thereafter whenever a vacancy occurs in the
office of mayor pro tempore, shall elect from among their
number a mayor pro tempore, who shall hold office at the
pleasure of the council and in case of the absence of the
mayor, perform the duties of mayor except that he or she shall
not have the power to appoint or remove any officer or to veto
any ordinance.
The mayor and the mayor pro tempore shall have power
to administer oaths and affirmations, take affidavits and certify them. The mayor or the mayor pro tempore when acting
as mayor, shall sign all conveyances made by the city and all
instruments which require the seal of the city. [2008 c 50 § 2;
1994 c 81 § 41; 1969 c 101 § 3; 1965 c 7 § 35.24.190. Prior:
(i) 1915 c 184 § 10, part; 1893 c 70 § 3; 1890 p 181 § 113;
RRS § 9123, part. (ii) 1915 c 184 § 23; RRS § 9137. Formerly RCW 35.24.190.]
35.23.191
35.23.201 City council—Meetings—Journal. All
meetings of the council shall be presided over by the mayor,
or, in the mayor’s absence, by the mayor pro tempore. The
mayor shall have a vote only in the case of a tie in the votes
of the councilmembers. If the clerk is absent from a council
meeting, the mayor or mayor pro tempore shall appoint one
of the members of the council as clerk pro tempore. The
appointment of a councilmember as mayor pro tempore or
clerk pro tempore shall not in any way abridge the councilmember’s right to vote upon all questions coming before
the council.
The clerk shall keep a correct journal of all proceedings
and at the desire of any member the ayes and noes shall be
taken on any question and entered in the journal. [1994 c 81
§ 42; 1965 c 107 § 1; 1965 c 7 § 35.24.200. Prior: (i) 1915 c
184 § 13, part; 1890 p 182 § 115; RRS § 9126, part. (ii) 1915
c 184 § 11, part; 1891 c 156 § 2; 1890 p 182 § 114; RRS §
9124, part. Formerly RCW 35.24.200.]
35.23.201
35.23.211 Ordinances—Style—Requisites—Veto.
The enacting clause of all ordinances in a second-class city
shall be as follows: "The city council of the city of . . . . . . do
ordain as follows:"
35.23.211
(2010 Ed.)
35.23.221
No ordinance shall contain more than one subject and
that must be clearly expressed in its title.
No ordinance or any section thereof shall be revised or
amended unless the new ordinance sets forth the revised ordinance or the amended section at full length.
No ordinance and no resolution or order shall have any
validity or effect unless passed by the votes of at least four
councilmembers.
No ordinance shall take effect until five days after the
date of its publication unless otherwise provided in this title.
Every ordinance which passes the council in order to
become valid must be presented to the mayor; if the mayor
approves it, the mayor shall sign it, but if not, the mayor shall
return it with written objections to the council and the council
shall cause the mayor’s objections to be entered at large upon
the journal and proceed to a reconsideration thereof. If upon
reconsideration five members of the council voting upon a
call of yeas and nays favor its passage, the ordinance shall
become valid notwithstanding the mayor’s veto. If the mayor
fails for ten days to either approve or veto an ordinance, it
shall become valid without the approval of the mayor.
Every ordinance shall be signed by the mayor and
attested by the clerk. [1994 c 81 § 43; 1965 c 7 § 35.24.210.
Prior: (i) 1915 c 184 § 11, part; 1891 c 156 § 2; 1890 p 182 §
114; RRS § 9124, part. (ii) 1915 c 184 § 12, part; 1893 c 70 §
4; 1890 p 182 § 116; RRS § 9125, part. (iii) 1915 c 184 § 18,
part; 1890 p 186 § 118; RRS § 9132, part. Formerly RCW
35.24.210.]
Codification of city or town ordinances: RCW 35.21.500 through 35.21.570.
35.23.221 Ordinances—Publication—Summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of the
content of each ordinance shall be published at least once in
the city’s official newspaper.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a summary of
that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance, every
city shall establish a procedure for notifying the public of
upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but
not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 10; 1988 c 168 § 4; 1987 c 400 §
1; 1985 c 469 § 25; 1965 c 7 § 35.24.220. Prior: (i) 1915 c
184 § 18, part; 1890 p 186 § 118; RRS § 9132, part. (ii) 1915
c 184 § 12, part; 1893 c 70 § 4; 1890 p 182 § 116; RRS §
9125, part. Formerly RCW 35.24.220.]
35.23.221
[Title 35 RCW—page 121]
35.23.251
Title 35 RCW: Cities and Towns
35.23.251 Ordinances granting franchises—Requisites. No ordinance or resolution granting any franchise for
any purpose shall be passed by the city council on the day of
its introduction, nor for five days thereafter, nor at any other
than a regular meeting nor without first being submitted to
the city attorney.
No franchise or valuable privilege shall be granted
unless by the vote of at least five members of the city council.
The city council may require a bond in a reasonable
amount for any person or corporation obtaining a franchise
from the city conditioned for the faithful performance of the
conditions and terms of the franchise and providing a recovery on the bond in case of failure to perform the terms and
conditions of franchise. [1965 c 7 § 35.24.250. Prior: (i)
1915 c 184 § 12, part; 1893 c 70 § 4; 1890 p 182 § 116; RRS
§ 9125, part. (ii) 1907 c 228 § 1, part; RRS § 9199, part. Formerly RCW 35.24.250.]
35.23.251
35.23.261 Audit and allowance of demands against
city. All demands against the city shall be presented to and
audited by the city council in accordance with such regulations as it may by ordinance prescribe; and upon the allowance of a demand, the clerk shall draw a warrant upon the
treasurer for it, which warrant shall be countersigned by the
mayor and shall specify for what purpose it is drawn and out
of which fund it is to be paid. [1965 c 7 § 35.24.260. Prior:
1915 c 184 § 19; 1890 p 186 § 119; RRS § 9133. Formerly
RCW 35.24.260.]
35.23.261
35.23.270 City council—Quorum—Rules—Journal,
etc. A majority of the councilmembers shall constitute a quorum for the transaction of business. A less number may compel the attendance of absent members and may adjourn from
time to time. The council shall determine its rules of proceedings. The council may punish their members for disorderly
conduct and upon written charges entered upon the journal
therefor, may, after trial, expel a member by two-thirds vote
of all the members elected. All orders of the city council shall
be entered upon the journal of its proceedings, which journal
shall be signed by the officer who presided at the meeting.
The journal shall be kept by the clerk under the council’s
direction. [1994 c 81 § 17; 1965 c 7 § 35.23.270. Prior: (i)
1907 c 241 § 28, part; 1890 p 148 § 37; RRS § 9033, part. (ii)
1907 c 241 § 59; 1890 p 159 § 49; RRS § 9062.]
35.23.270
sewers and aqueducts, and for the purpose of widening,
straightening or diverting the channels of streams and the
improvement of waterfronts, or any other public purpose, and
the city council cannot agree with the owner thereof as to the
price to be paid, the city council may proceed to acquire, take
or damage the same in the manner provided by chapter 8.12
RCW or by chapter 8.20 RCW. [1965 c 7 § 35.24.310. Prior:
1915 c 184 § 22; RRS § 9136. Formerly RCW 35.24.310.]
35.23.325 Payment of claims and obligations by warrant or check. A second-class city, by ordinance, may adopt
a policy for the payment of claims or other obligations of the
city, which are payable out of solvent funds, electing to pay
such obligations by warrant or by check. However, when the
applicable fund is not solvent at the time payment is ordered,
a warrant shall be issued. When checks are to be used, the
legislative body shall designate the qualified public depositary, upon which such checks are to be drawn, and the officers authorized or required to sign such checks. Wherever a
reference is made to warrants in this title, such term shall
include checks where authorized by this section. [2006 c 41
§ 1.]
35.23.325
35.23.330 Limitation on allowance of claims, warrants, etc. No claim shall be allowed against the city by the
city council, nor shall the city council order any warrants to
be drawn except at a general meeting of the council. The
council shall never allow, make valid, or recognize any
demand against the city which was not a valid claim against
it when the obligation was created, nor authorize to be paid
any demand which without such action would be invalid or
which is then barred by the statute of limitations, or for which
the city was never liable, and any such action shall be void.
[1965 c 7 § 35.23.330. Prior: (i) 1907 c 241 § 35; RRS §
9042. (ii) 1907 c 241 § 72, part; RRS § 9075, part.]
35.23.330
35.23.331 Nuisances. Every act or thing done or being
within the limits of a second-class city which is declared by
law or by ordinance to be a nuisance shall be a nuisance and
shall be so considered in all actions and proceedings. All
remedies given by law for the prevention and abatement of
nuisances shall apply thereto. [1994 c 81 § 46; 1965 c 7 §
35.24.330. Prior: 1915 c 184 § 21; 1890 p 187 § 123; RRS §
9135. Formerly RCW 35.24.330.]
35.23.331
Public nuisances: Chapter 9.66 RCW.
35.23.290 City council—Entry of ayes and noes on
journal. At any time, at the request of any two members the
ayes and noes on any question may be taken and entered upon
the journal and they must be so taken and entered upon the
passage of all ordinances appropriating money, imposing
taxes, abolishing licenses, increasing or lessening the amount
to be paid for licenses. [1965 c 7 § 35.23.290. Prior: (i) 1907
c 241 § 28, part; 1890 p 148 § 37; RRS § 9033, part. (ii) 1907
c 241 § 60; 1890 p 159 § 50; RRS § 9063.]
35.23.290
35.23.311 Eminent domain. Whenever it shall become
necessary for the city to take or damage private property for
the purpose of establishing, laying out, extending and widening streets and other public highways and places within the
city, or for the purpose of securing rights-of-way for drains,
35.23.311
[Title 35 RCW—page 122]
35.23.351 Application of RCW 35.23.352 to certain
agreements relating to water pollution control, solid
waste handling facilities. RCW 35.23.352 does not apply to
the selection of persons or entities to construct or develop
water pollution control facilities or to provide water pollution
control services under RCW 70.150.040 or the selection of
persons or entities to construct or develop solid waste handling facilities or to provide solid waste handling services
under RCW 35.21.156. [1989 c 399 § 5; 1986 c 244 § 10.]
35.23.351
Additional notes found at www.leg.wa.gov
35.23.352 Public works—Contracts—Bids—Small
works roster—Purchasing requirements, recycled or
reused materials or products. (1) Any second-class city or
35.23.352
(2010 Ed.)
Second-Class Cities
any town may construct any public works, as defined in
RCW 39.04.010, by contract or day labor without calling for
bids therefor whenever the estimated cost of the work or
improvement, including cost of materials, supplies and
equipment will not exceed the sum of sixty-five thousand
dollars if more than one craft or trade is involved with the
public works, or forty thousand dollars if a single craft or
trade is involved with the public works or the public works
project is street signalization or street lighting. A public
works project means a complete project. The restrictions in
this subsection do not permit the division of the project into
units of work or classes of work to avoid the restriction on
work that may be performed by day labor on a single project.
Whenever the cost of the public work or improvement,
including materials, supplies and equipment, will exceed
these figures, the same shall be done by contract. All such
contracts shall be let at public bidding upon publication of
notice calling for sealed bids upon the work. The notice shall
be published in the official newspaper, or a newspaper of
general circulation most likely to bring responsive bids, at
least thirteen days prior to the last date upon which bids will
be received. The notice shall generally state the nature of the
work to be done that plans and specifications therefor shall
then be on file in the city or town hall for public inspections,
and require that bids be sealed and filed with the council or
commission within the time specified therein. Each bid shall
be accompanied by a bid proposal deposit in the form of a
cashier’s check, postal money order, or surety bond to the
council or commission for a sum of not less than five percent
of the amount of the bid, and no bid shall be considered
unless accompanied by such bid proposal deposit. The council or commission of the city or town shall let the contract to
the lowest responsible bidder or shall have power by resolution to reject any or all bids and to make further calls for bids
in the same manner as the original call.
When the contract is let then all bid proposal deposits
shall be returned to the bidders except that of the successful
bidder which shall be retained until a contract is entered into
and a bond to perform the work furnished, with surety satisfactory to the council or commission, in accordance with
RCW 39.08.030. If the bidder fails to enter into the contract
in accordance with his or her bid and furnish a bond within
ten days from the date at which he or she is notified that he or
she is the successful bidder, the check or postal money order
and the amount thereof shall be forfeited to the council or
commission or the council or commission shall recover the
amount of the surety bond. A low bidder who claims error
and fails to enter into a contract is prohibited from bidding on
the same project if a second or subsequent call for bids is
made for the project.
If no bid is received on the first call the council or commission may readvertise and make a second call, or may enter
into a contract without any further call or may purchase the
supplies, material or equipment and perform the work or
improvement by day labor.
(2) The allocation of public works projects to be performed by city or town employees shall not be subject to a
collective bargaining agreement.
(3) In lieu of the procedures of subsection (1) of this section, a second-class city or a town may let contracts using the
small works roster process provided in RCW 39.04.155.
(2010 Ed.)
35.23.380
Whenever possible, the city or town shall invite at least
one proposal from a minority or woman contractor who shall
otherwise qualify under this section.
(4) The form required by RCW 43.09.205 shall be to
account and record costs of public works in excess of five
thousand dollars that are not let by contract.
(5) The cost of a separate public works project shall be
the costs of the materials, equipment, supplies, and labor on
that construction project.
(6) Any purchase of supplies, material, or equipment,
except for public work or improvement, where the cost
thereof exceeds seven thousand five hundred dollars shall be
made upon call for bids.
(7) Bids shall be called annually and at a time and in the
manner prescribed by ordinance for the publication in a
newspaper of general circulation in the city or town of all
notices or newspaper publications required by law. The contract shall be awarded to the lowest responsible bidder.
(8) For advertisement and formal sealed bidding to be
dispensed with as to purchases with an estimated value of fifteen thousand dollars or less, the council or commission must
authorize by resolution, use of the uniform procedure provided in RCW 39.04.190.
(9) The city or town legislative authority may waive the
competitive bidding requirements of this section pursuant to
RCW 39.04.280 if an exemption contained within that section applies to the purchase or public work.
(10) This section does not apply to performance-based
contracts, as defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A RCW.
(11) Nothing in this section shall prohibit any second
class city or any town from allowing for preferential purchase
of products made from recycled materials or products that
may be recycled or reused. [2009 c 229 § 4; 2002 c 94 § 2;
2000 c 138 § 204; 1998 c 278 § 3; 1996 c 18 § 2. Prior: 1994
c 273 § 9; 1994 c 81 § 18; 1993 c 198 § 10; 1989 c 431 § 56;
1988 c 168 § 3; 1987 c 120 § 2; prior: 1985 c 469 § 24; 1985
c 219 § 2; 1985 c 169 § 7; 1979 ex.s. c 89 § 2; 1977 ex.s. c 41
§ 1; 1974 ex.s. c 74 § 2; 1965 c 114 § 1; 1965 c 7 § 35.23.352;
prior: 1957 c 121 § 1; 1951 c 211 § 1; prior: (i) 1907 c 241
§ 52; RRS § 9055. (ii) 1915 c 184 § 31; RRS § 9145. (iii)
1947 c 151 § 1; 1890 p 209 § 166; Rem. Supp. 1947 § 9185.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Competitive bidding violations by municipal officer, penalties: RCW
39.30.020.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
Additional notes found at www.leg.wa.gov
35.23.371 Taxation—Street poll tax. A second-class
city may impose upon and collect from every inhabitant of
the city over the age of eighteen years an annual street poll
tax not exceeding two dollars and no other road poll tax shall
be collected within the limits of the city. [1994 c 81 § 47;
1973 1st ex.s. c 154 § 51; 1971 ex.s. c 292 § 61; 1965 c 7 §
35.24.370. Prior: 1905 c 75 § 1, part; 1890 p 201 § 154; RRS
§ 9210, part. Formerly RCW 35.24.370.]
35.23.371
Additional notes found at www.leg.wa.gov
35.23.380 Exclusive franchises prohibited. No exclusive franchise or privilege shall be granted for the use of any
35.23.380
[Title 35 RCW—page 123]
35.23.410
Title 35 RCW: Cities and Towns
street, alley, highway, or public place or any part thereof.
[1965 c 7 § 35.23.380. Prior: 1907 c 241 § 32; RRS § 9039.]
35.23.410 Leasing of street ends on waterfront. The
city council may lease for business purposes portions of the
ends of streets terminating in the waterfront or navigable
waters of the city with the written consent of all the property
owners whose properties abut upon the portion proposed to
be leased. The lease may be made for any period not exceeding fifteen years but must provide that at intervals of every
five years during the term, the rental to be paid by the lessee
shall be readjusted between him or her and the city by mutual
agreement, or if they cannot agree by a board of arbitration,
one to be chosen by the city, one by the lessee and the third
by the other two, their decision to be final. The vote of twothirds of all the councilmembers elected is necessary to
authorize such a lease. [2009 c 549 § 2052; 1965 c 7 §
35.23.410. Prior: 1907 c 241 § 67, part; RRS § 9070, part.]
35.23.410
35.23.420 Notice of lease to be published before execution. No lease of a portion of the end of a street terminating in the waterfront or navigable waters of the city shall be
made until a notice describing the portion of the street proposed to be leased, to whom and for what purpose leased and
the proposed rental to be paid has been published by the city
clerk in the official newspaper at least fifteen days prior to the
execution of the lease. [1965 c 7 § 35.23.420. Prior: 1907 c
241 § 67, part; RRS § 9070, part.]
35.23.420
35.23.430 Railroads in streets to be assessed for
street improvement. If an improvement is made upon a
street occupied by a street railway or any railroad enjoying a
franchise on the street, the city council shall assess against
the railroad its just proportion of making the improvement
which shall be not less than the expense of improving the
space between the rails of the railroad and for a distance of
one foot on each side. The assessment against the railroad
shall be made on the rolls of the improvement district the
same as against other property in the district and shall be a
lien on that portion of the railroad within the district from the
time of the equalization of the roll. The lien may be foreclosed by a civil action in superior court and the same period
of redemption from any sale on foreclosure shall be allowed
as is allowed in cases of sale of real estate upon execution.
[1965 c 7 § 35.23.430. Prior: 1907 c 241 § 65; RRS § 9068.]
35.23.430
35.23.440 Specific powers enumerated. The city
council of each second-class city shall have power and
authority:
(1) Ordinances: To make and pass all ordinances,
orders, and resolutions not repugnant to the Constitution of
the United States or the state of Washington, or the provisions of this title, necessary for the municipal government
and management of the affairs of the city, for the execution of
the powers vested in said body corporate, and for the carrying
into effect of the provisions of this title.
(2) License of shows: To fix and collect a license tax, for
the purposes of revenue and regulation, on theatres, melodeons, balls, concerts, dances, theatrical, circus, or other performances, and all performances where an admission fee is
35.23.440
[Title 35 RCW—page 124]
charged, or which may be held in any house or place where
wines or liquors are sold to the participators; also all shows,
billiard tables, pool tables, bowling alleys, exhibitions, or
amusements.
(3) Hotels, etc., licenses: To fix and collect a license tax
for the purposes of revenue and regulation on and to regulate
all taverns, hotels, restaurants, banks, brokers, manufactories,
livery stables, express companies and persons engaged in
transmitting letters or packages, railroad, stage, and steamboat companies or owners, whose principal place of business
is in such city, or who have an agency therein.
(4) Peddlers’, etc., licenses: To license, for the purposes
of revenue and regulation, tax, prohibit, suppress, and regulate all raffles, hawkers, peddlers, pawnbrokers, refreshment
or coffee stands, booths, or sheds; and to regulate as authorized by state law all tippling houses, dram shops, saloons,
bars, and barrooms.
(5) Dance houses: To prohibit or suppress, or to license
and regulate all dance houses, fandango houses, or any exhibition or show of any animal or animals.
(6) License vehicles: To license for the purposes of revenue and regulation, and to tax hackney coaches, cabs, omnibuses, drays, market wagons, and all other vehicles used for
hire, and to regulate their stands, and to fix the rates to be
charged for the transportation of persons, baggage, and property.
(7) Hotel runners: To license or suppress runners for
steamboats, taverns, or hotels.
(8) License generally: To fix and collect a license tax for
the purposes of revenue and regulation, upon all occupations
and trades, and all and every kind of business authorized by
law not heretofore specified. However, on any business,
trade, or calling not provided by law to be licensed for state
and county purposes, the amount of license shall be fixed at
the discretion of the city council, as they may deem the interests and good order of the city may require. A city may not
require a business to be licensed based solely upon registration under or compliance with the streamlined sales and use
tax agreement.
(9) Riots: To prevent and restrain any riot or riotous
assemblages, disturbance of the peace, or disorderly conduct
in any place, house, or street in the city.
(10) Nuisances: To declare what shall be deemed nuisances; to prevent, remove, and abate nuisances at the
expense of the parties creating, causing, or committing or
maintaining the same, and to levy a special assessment on the
land or premises whereon the nuisance is situated to defray
the cost or to reimburse the city for the cost of abating the
same.
(11) Stock pound: To establish, maintain, and regulate a
common pound for estrays, and to appoint a poundkeeper,
who shall be paid out of the fines and fees imposed and collected of the owners of any animals impounded, and from no
other source; to prevent and regulate the running at large of
any and all domestic animals within the city limits or any
parts thereof, and to regulate or prevent the keeping of such
animals within any part of the city.
(12) Control of certain trades: To control and regulate
slaughterhouses, washhouses, laundries, tanneries, forges,
and offensive trades, and to provide for their exclusion or
removal from the city limits, or from any part thereof.
(2010 Ed.)
Second-Class Cities
(13) Street cleaning: To provide, by regulation, for the
prevention and summary removal of all filth and garbage in
streets, sloughs, alleys, back yards, or public grounds of such
city, or elsewhere therein.
(14) Gambling, etc.: To prohibit and suppress all gaming and all gambling or disorderly houses, and houses of ill
fame, and all immoral and indecent amusements, exhibitions,
and shows.
(15) Markets: To establish and regulate markets and
market places.
(16) Speed of railroad cars: To fix and regulate the speed
at which any railroad cars, streetcars, automobiles, or other
vehicles may run within the city limits, or any portion
thereof.
(17) City commons: To provide for and regulate the
commons of the city.
(18) Fast driving: To regulate or prohibit fast driving or
riding in any portion of the city.
(19) Combustibles: To regulate or prohibit the loading
or storage of gunpowder and combustible or explosive materials in the city, or transporting the same through its streets or
over its waters.
(20) Property: To have, purchase, hold, use, and enjoy
property of every name or kind whatsoever, and to sell, lease,
transfer, mortgage, convey, control, or improve the same; to
build, erect, or construct houses, buildings, or structures of
any kind needful for the use or purposes of such city.
(21) Fire department: To establish, continue, regulate,
and maintain a fire department for such city, to change or
reorganize the same, and to disband any company or companies of the said department; also, to discontinue and disband
said fire department, and to create, organize, establish, and
maintain a paid fire department for such city.
(22) Water supply: To adopt, enter into, and carry out
means for securing a supply of water for the use of such city
or its inhabitants, or for irrigation purposes therein.
(23) Overflow of water: To prevent the overflow of the
city or to secure its drainage, and to assess the cost thereof to
the property benefited.
(24) House numbers: To provide for the numbering of
houses.
(25) Health board: To establish a board of health; to prevent the introduction and spread of disease; to establish a city
infirmary and to provide for the indigent sick; and to provide
and enforce regulations for the protection of health, cleanliness, peace, and good order of the city; to establish and maintain hospitals within or without the city limits; to control and
regulate interments and to prohibit them within the city limits.
(26) Harbors and wharves: To build, alter, improve,
keep in repair, and control the waterfront; to erect, regulate,
and repair wharves, and to fix the rate of wharfage and transit
of wharf, and levy dues upon vessels and commodities; and
to provide for the regulation of berths, landing, stationing,
and removing steamboats, sail vessels, rafts, barges, and all
other watercraft; to fix the rate of speed at which steamboats
and other steam watercraft may run along the waterfront of
the city; to build bridges so as not to interfere with navigation; to provide for the removal of obstructions to the navigation of any channel or watercourses or channels.
(2010 Ed.)
35.23.440
(27) License of steamers: To license steamers, boats,
and vessels used in any watercourse in the city, and to fix and
collect a license tax thereon.
(28) Ferry licenses: To license ferries and toll bridges
under the law regulating the granting of such license.
(29) Penalty for violation of ordinances: To provide that
violations of ordinances with the punishment for any offense
not exceeding a fine of five thousand dollars or imprisonment
for more than one year, or both fine and imprisonment, but
the punishment for any criminal ordinance shall be the same
as the punishment provided in state law for the same crime.
Alternatively, such a city may provide that a violation of an
ordinance constitutes a civil violation subject to monetary
penalties or to determine and impose fines for forfeitures and
penalties, but no act which is a state crime may be made a
civil violation. A violation of an order, regulation, or ordinance relating to traffic including parking, standing, stopping, and pedestrian offenses is a traffic infraction, except
that violation of an order, regulation, or ordinance equivalent
to those provisions of Title 46 RCW set forth in RCW
46.63.020 remains a misdemeanor.
(30) Police department: To create and establish a city
police; to prescribe their duties and their compensation; and
to provide for the regulation and government of the same.
(31) Examine official accounts: To examine, either in
open session or by committee, the accounts or doings of all
officers or other persons having the care, management, or disposition of moneys, property, or business of the city.
(32) Contracts: To make all appropriations, contracts, or
agreements for the use or benefit of the city and in the city’s
name.
(33) Streets and sidewalks: To provide by ordinance for
the opening, laying out, altering, extending, repairing, grading, paving, planking, graveling, macadamizing, or otherwise
improving of public streets, avenues, and other public ways,
or any portion of any thereof; and for the construction, regulation, and repair of sidewalks and other street improvements,
all at the expense of the property to be benefited thereby,
without any recourse, in any event, upon the city for any portion of the expense of such work, or any delinquency of the
property holders or owners, and to provide for the forced sale
thereof for such purposes; to establish a uniform grade for
streets, avenues, sidewalks, and squares, and to enforce the
observance thereof.
(34) Waterways: To clear, cleanse, alter, straighten,
widen, fill up, or close any waterway, drain, or sewer, or any
watercourse in such city when not declared by law to be navigable, and to assess the expense thereof, in whole or in part,
to the property specially benefited.
(35) Sewerage: To adopt, provide for, establish, and
maintain a general system of sewerage, draining, or both, and
the regulation thereof; to provide funds by local assessments
on the property benefited for the purpose aforesaid and to
determine the manner, terms, and place of connection with
main or central lines of pipes, sewers, or drains established,
and compel compliance with and conformity to such general
system of sewerage or drainage, or both, and the regulations
of said council thereto relating, by the infliction of suitable
penalties and forfeitures against persons and property, or
either, for nonconformity to, or failure to comply with the
provisions of such system and regulations or either.
[Title 35 RCW—page 125]
35.23.442
Title 35 RCW: Cities and Towns
(36) Buildings and parks: To provide for all public
buildings, public parks, or squares, necessary or proper for
the use of the city.
(37) Franchises: To permit the use of the streets for railroad or other public service purposes.
(38) Payment of judgments: To order paid any final
judgment against such city, but none of its lands or property
of any kind or nature, taxes, revenue, franchise, or rights, or
interest, shall be attached, levied upon, or sold in or under any
process whatsoever.
(39) Weighing of fuel: To regulate the sale of coal and
wood in such city, and may appoint a measurer of wood and
weigher of coal for the city, and define his or her duties, and
may prescribe his or her term of office, and the fees he or she
shall receive for his or her services: PROVIDED, That such
fees shall in all cases be paid by the parties requiring such service.
(40) Hospitals, etc.: To erect and establish hospitals and
pesthouses and to control and regulate the same.
(41) Waterworks: To provide for the erection, purchase,
or otherwise acquiring of waterworks within or without the
corporate limits of the city to supply such city and its inhabitants with water, and to regulate and control the use and price
of the water so supplied.
(42) City lights: To provide for lighting the streets and
all public places of the city and for furnishing the inhabitants
of the city with gas, electric, or other light, and for the ownership, purchase or acquisition, construction, or maintenance
of such works as may be necessary or convenient therefor:
PROVIDED, That no purchase of any such water plant or
light plant shall be made without first submitting the question
of such purchase to the electors of the city.
(43) Parks: To acquire by purchase or otherwise land for
public parks, within or without the limits of the city, and to
improve the same.
(44) Bridges: To construct and keep in repair bridges,
and to regulate the use thereof.
(45) Power of eminent domain: In the name of and for
the use and benefit of the city, to exercise the right of eminent
domain, and to condemn lands and property for the purposes
of streets, alleys, parks, public grounds, waterworks, or for
any other municipal purpose and to acquire by purchase or
otherwise such lands and property as may be deemed necessary for any of the corporate uses provided for by this title, as
the interests of the city may from time to time require.
(46) To provide for the assessment of taxes: To provide
for the assessment, levying, and collecting of taxes on real
and personal property for the corporate uses and purposes of
the city and to provide for the payment of the debts and
expenses of the corporation.
(47) Local improvements: To provide for making local
improvements, and to levy and collect special assessments on
the property benefited thereby and for paying the same or any
portion thereof; to determine what work shall be done or
improvements made, at the expense, in whole or in part, of
the adjoining, contiguous, or proximate property, and to provide for the manner of making and collecting assessments
therefor.
(48) Cemeteries: To regulate the burial of the dead and
to establish and regulate cemeteries, within or without the
[Title 35 RCW—page 126]
corporate limits, and to acquire lands therefor by purchase or
otherwise.
(49) Fire limits: To establish fire limits with proper regulations and to make all needful regulations for the erection
and maintenance of buildings or other structures within the
corporate limits as safety of persons or property may require,
and to cause all such buildings and places as may from any
cause be in a dangerous state to be put in a safe condition; to
regulate the manner in which stone, brick, and other buildings, party walls, and partition fences shall be constructed
and maintained.
(50) Safety and sanitary measures: To require the owners of public halls, theaters, hotels, and other buildings to provide suitable means of exit and proper fire escapes; to provide
for the cleaning and purification of watercourses and canals
and for the draining and filling up of ponds on private property within its limits when the same shall be offensive to the
senses or dangerous to the health, and to charge the expense
thereof to the property specially benefited, and to regulate
and control and provide for the prevention and punishment of
the defilement or pollution of all streams running in or
through its corporate limits and a distance of five miles
beyond its corporate limits, and of any stream or lake from
which the water supply of the city is or may be taken and for
a distance of five miles beyond its source of supply, and to
make all quarantine and other regulations as may be necessary for the preservation of the public health and to remove
all persons afflicted with any contagious disease to some suitable place to be provided for that purpose.
(51) To regulate liquor traffic: To regulate the selling or
giving away of intoxicating, spirituous, malt, vinous, mixed,
or fermented liquors as authorized by the general laws of the
state.
(52) To establish streets on tidelands: To project or
extend or establish streets over and across any tidelands
within the limits of such city.
(53) To provide for the general welfare. [2009 c 549 §
2053; 2008 c 129 § 2; 1994 c 81 § 19; 1993 c 83 § 5; 1986 c
278 § 4. Prior: 1984 c 258 § 803; 1984 c 189 § 5; 1979 ex.s.
c 136 § 28; 1977 ex.s. c 316 § 21; 1965 ex.s. c 116 § 7; 1965
c 7 § 35.23.440; prior: 1907 c 241 § 29; 1890 p 148 § 38;
RRS § 9034.]
Additional notes found at www.leg.wa.gov
35.23.442 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
35.23.442
35.23.443 City license fees or taxes on certain business activities to be at a single uniform rate. See RCW
35.21.710.
35.23.443
35.23.444 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
35.23.444
35.23.445 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.23.445
(2010 Ed.)
Second-Class Cities
35.23.452
35.23.452 Additional powers—Acquisition, control,
and disposition of property. The city council of such city
shall have power to purchase, lease, or otherwise acquire real
estate and personal property necessary or proper for municipal purposes and to control, lease, sublease, convey or otherwise dispose of the same; to acquire and plat land for cemeteries and parks and provide for the regulation thereof,
including but not limited to the right to lease any waterfront
and other lands adjacent thereto owned by it for manufacturing, commercial or other business purposes; including but not
limited to the right to lease for wharf, dock and other purposes of navigation and commerce such portions of its streets
which bound upon or terminate in its waterfront or the navigable waters of such city, subject, however, to the written
consent of the lessees of a majority of the square feet frontage
of the harbor area abutting on any street proposed to be so
leased. No lease of streets or waterfront shall be for longer
than ten years and the rental therefor shall be fixed by the city
council. Every such lease shall contain a clause that at intervals of every five years during the term thereof the rental to
be paid by the lessee shall be readjusted between the lessee
and the city by mutual agreement, or in default of such
mutual agreement that the rental shall be fixed by arbitrators
to be appointed one by the city council, one by the lessee and
the third by the two thus appointed. No such lease shall be
made until the city council has first caused notice thereof to
be published in the official newspaper of such city at least fifteen days and in one issue thereof each week prior to the making of such lease, which notice shall describe the portion of
the street proposed to be leased, to whom, for what purpose,
and the rental to be charged therefor. The city may improve
part of such waterfront or street extensions by building
inclines, wharves, gridirons and other accommodations for
shipping, commerce and navigation and may charge and collect for service and use thereof reasonable rates and tolls.
[1965 c 7 § 35.24.300. Prior: 1963 c 155 § 1; 1915 c 184 §
15; RRS § 9128. Formerly RCW 35.24.300.]
35.23.454
35.23.454 Additional powers—Parking meter revenue for revenue bonds. All second-class cities and towns
are authorized to use parking meter revenue as a base for
obtaining revenue bonds for use in improvement of streets,
roads, alleys, and such other related public works. [1994 c 81
§ 44; 1965 c 7 § 35.24.305. Prior: 1957 c 166 § 1. Formerly
RCW 35.24.305.]
35.23.455
35.23.455 Additional powers—Construction and
operation of boat harbors, marinas, docks, etc. The legislative body of any second-class city or town which contains,
or abuts upon, any bay, lake, sound, river or other navigable
waters, may construct, operate and maintain any boat harbor,
marina, dock or other public improvement, for the purposes
of commerce, recreation or navigation. [1994 c 81 § 20; 1965
c 154 § 1.]
35.23.456
35.23.456 Additional powers—Ambulances and first
aid equipment. A second-class city, where commercial
ambulance service is not readily available, shall have the
power:
(2010 Ed.)
35.23.480
(1) To authorize the operation of municipally-owned
ambulances which may serve the city and may serve for
emergencies surrounding rural areas;
(2) To authorize the operation of other municipallyowned first aid equipment which may serve the city and surrounding rural areas;
(3) To contract with the county or with another municipality for emergency use of city-owned ambulances or other
first aid equipment: PROVIDED, That the county or other
municipality shall contribute at least the cost of maintenance
and operation of the equipment attributable to its use thereof;
and
(4) To provide that such ambulance service may be used
to transport persons in need of emergency hospital care to
hospitals beyond the city limits.
The council may, in its discretion, make a charge for the
service authorized by this section: PROVIDED, That such
ambulance service shall not enter into competition or competitive bidding where private ambulance service is available. [1994 c 81 § 45; 1965 c 7 § 35.24.306. Prior: 1963 c
131 § 1. Formerly RCW 35.24.306.]
35.23.457 Conveyance or lease of space above real
property or structures or improvements. See RCW
35.22.302.
35.23.457
35.23.460 Employees’ group insurance—False arrest
insurance. Subject to chapter 48.62 RCW, any second-class
city or town may contract with an insurance company authorized to do business in this state to provide group insurance
for its employees including group false arrest insurance for
its law enforcement personnel, and pursuant thereto may use
a portion of its revenues to pay an employer’s portion of the
premium for such insurance, and may make deductions from
the payrolls of employees for the amount of the employees’
contribution and may apply the amount deducted in payment
of the employees’ portion of the premium. [1994 c 81 § 21;
1991 sp.s. c 30 § 19; 1965 c 7 § 35.23.460. Prior: 1963 c 127
§ 1; 1947 c 162 § 1; RRS § 9592-160.]
35.23.460
Additional notes found at www.leg.wa.gov
35.23.470 Publicity fund. Every city of the second
class may create a publicity fund to be used exclusively for
exploiting and advertising the general advantages and opportunities of the city and its vicinity. After providing by ordinance for a publicity fund the city council may use therefor
an annual amount not exceeding sixty-two and one-half cents
per thousand dollars of assessed valuation of the taxable
property in the city. [1994 c 81 § 22; 1973 1st ex.s. c 195 §
16; 1965 c 7 § 35.23.470. Prior: 1913 c 57 § 1; RRS § 9035.]
35.23.470
Additional notes found at www.leg.wa.gov
35.23.480 Publicity board. The publicity board administering the publicity fund shall consist of three members
nominated by a recognized commercial organization in the
city, then appointed by the mayor and confirmed by at least a
two-thirds vote of the city council. The commercial organization must be incorporated, must be representative and public,
devoted exclusively to the work usually devolving upon such
organizations and have not less than two hundred bona fide
35.23.480
[Title 35 RCW—page 127]
35.23.490
Title 35 RCW: Cities and Towns
dues-paying members; if more than one organization in the
city meets the qualifications, the oldest one shall be designated to make the nominations.
Members of the publicity board must be resident property owners and voters in the city and after their appointment
and confirmation must qualify by taking the oath of office
and filing a bond with the city in the sum of one thousand dollars conditioned upon the faithful performance of their duties.
They shall be appointed in December and their terms shall be
for one year commencing on the second Monday in January
after their appointment and until their successors are
appointed and qualified. Any member of the board may be
removed by the mayor at the request of the organization
which nominated the members after a majority vote of the
entire membership of the organization favoring the removal,
taken at a regular meeting.
Members of the publicity board shall serve without
remuneration. [1965 c 7 § 35.23.480. Prior: 1913 c 57 § 2,
part; RRS § 9036, part.]
35.23.490 Limitations on use of publicity fund. All
expenditures shall be made under direction of the board of
publicity. No part of the publicity fund shall ever be paid to
any newspaper, magazine, or periodical published within the
city or county in which the city is situated, for advertising, or
write-ups or for any other service or purpose and no part of
the fund shall be expended for the purpose of making exhibits
at any fair, exposition or the like. [1965 c 7 § 35.23.490.
Prior: 1913 c 57 § 2, part; RRS § 9036, part.]
35.23.490
35.23.505 Local improvement guaranty fund—
Investment in city’s own guaranteed bonds. The city treasurer of any second-class city, by and with the consent of the
city council or finance committee of the city council, may
invest any portion of its local improvement guaranty fund in
the city’s own guaranteed local improvement bonds in an
amount not to exceed ten percent of the total issue of bonds in
any one local improvement district: PROVIDED, That no
such investment shall be made in an amount which will affect
the ability of the local improvement guaranty fund to meet its
obligations as they accrue, and that if all the bonds have the
same maturity, the bonds having the highest numbers shall be
purchased.
The interest received shall be credited to the local
improvement guaranty fund. [1994 c 81 § 48; 1965 c 7 §
35.24.400. Prior: 1941 c 145 § 2; RRS § 9138-2. Formerly
RCW 35.24.400.]
35.23.505
Local improvements
bonds and warrants: Chapter 35.45 RCW.
nonguaranteed bonds: Chapter 35.48 RCW.
c 81 § 49; 1965 c 7 § 35.24.410. Prior: 1917 c 124 § 1, part;
1915 c 184 § 16, part; RRS § 9129, part. Formerly RCW
35.24.410.]
35.23.525 Utilities—Method of acquisition—Bonds.
To pay the original cost of water, light, power, or heat systems, every city of the second class may issue:
(1) General bonds to be retired by general tax levies
against all the property within the city limits then existing or
as they may thereafter be extended; or
(2) Utility bonds under the general authority given to all
cities for the acquisition or construction of public utilities.
Extensions to plants may be made either
(1) By general bond issue,
(2) By general tax levies, or
(3) By creating local improvement districts in accordance with statutes governing their establishment. [1994 c 81
§ 50; 1965 c 7 § 35.24.420. Prior: 1917 c 124 § 1, part; 1915
c 184 § 16, part; RRS § 9129, part. Formerly RCW
35.24.420.]
35.23.525
35.23.535 Utilities—Maintenance and operation—
Rates. No taxes shall be imposed for maintenance and operating charges of city owned water, light, power, or heating
works or systems.
Rates shall be fixed by ordinance for supplying water,
light, power, or heat for commercial, domestic, or irrigation
purposes sufficient to pay for all operating and maintenance
charges. If the rates in force produce a greater amount than is
necessary to meet operating and maintenance charges, the
rates may be reduced or the excess income may be transferred
to the city’s current expense fund.
Complete separate accounts for municipal utilities must
be kept under the system and on forms prescribed by the state
auditor.
The term "maintenance and operating charges," as used
in this section includes all necessary repairs, replacement,
interest on any debts incurred in acquiring, constructing,
repairing and operating plants and departments and all depreciation charges. This term shall also include an annual charge
equal to four percent on the cost of the plant or system, as
determined by the state auditor to be paid into the current
expense fund, except that where utility bonds have been or
may hereafter be issued and are unpaid no payment shall be
required into the current expense fund until such bonds are
paid. [1995 c 301 § 37; 1965 c 7 § 35.24.430. Prior: 1917 c
124 § 1, part; 1915 c 184 § 16, part; RRS § 9129, part. Formerly RCW 35.24.430.]
35.23.535
35.23.545 Procedure to attack consolidation or
annexation of territory. Proceedings attacking the validity
of the consolidation of a city of the second class or the annexation of territory to a city of the second class shall be by quo
warranto only, instituted by the prosecuting attorney of the
county in which the city is located or by a person interested in
the proceedings whose interest must clearly be shown. The
quo warranto proceedings must be commenced within one
year after the consolidation or annexation proceedings complained of and no error, irregularity, or defect of any kind
shall be the basis for invalidating a consolidation or annex35.23.545
35.23.515 Utilities—City may contract for service or
construct own facilities. The city council of every city of
the second class may contract for supplying the city with
water, light, power, and heat for municipal purposes; and
within or without the city may acquire, construct, repair, and
manage pumps, aqueducts, reservoirs, plants, or other works
necessary or proper for irrigation purposes or for supplying
water, light, power, or heat or any by-product thereof for the
use of the city and any person within the city and dispose of
any excess of its supply to any person without the city. [1994
35.23.515
[Title 35 RCW—page 128]
(2010 Ed.)
Second-Class Cities
ation after one year. [1994 c 81 § 51; 1965 c 7 § 35.24.440.
Prior: 1923 c 153 § 1; RRS § 8913-1. Formerly RCW
35.24.440.]
Additional notes found at www.leg.wa.gov
35.23.555
35.23.555 Criminal code repeals by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A city of the second class operating a municipal court may not repeal in its
entirety that portion of its municipal code defining crimes or
repeal a provision of its municipal code which defines a
crime equivalent to an offense listed in RCW 46.63.020
unless the municipality has reached an agreement with the
appropriate county under chapter 39.34 RCW under which
the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The
agreement shall include provisions for periodic review and
renewal of the terms of the agreement. If the municipality
and the county are unable to agree on the terms for renewal of
the agreement, they shall be deemed to have entered into an
agreement to submit the issue to arbitration under chapter
7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The
municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to
submit to arbitration under chapter 7.04A RCW. [2005 c 433
§ 39; 1994 c 81 § 52; 1984 c 258 § 206. Formerly RCW
35.24.455.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Additional notes found at www.leg.wa.gov
35.23.560
35.23.560 Waterworks—Construction by city or by
district assessments. All cities and towns within the state,
other than cities of the first class, which are empowered to
construct waterworks for irrigation and domestic purposes,
may do so either by the entire city or by assessment districts
as the mayor and council may determine. [1965 c 7 §
35.23.560. Prior: 1901 c 117 § 1; RRS § 9526.]
35.23.570
35.23.570 Waterworks—Plans—Special assessments. Before letting any contract for the construction of
any waterworks for irrigation and domestic purposes, the
mayor and council shall by ordinance or resolution adopt the
plans therefor and shall fix and establish the assessment district, if the same is to be constructed at the expense of the district, and such cities and towns are authorized to charge the
expense of such waterworks for irrigation and domestic purposes to all the property included within such district which
is contiguous or proximate to any streets in which any main
pipe or lateral pipe of such waterworks for irrigation and
domestic purposes, is to be placed, and to levy special assessments upon such property to pay therefor, which assessment
shall be levied in accordance with the last general assessment
of the property within said district for city purposes. [1994 c
81 § 23; 1965 c 7 § 35.23.570. Prior: 1901 c 117 § 2; RRS §
9527.]
(2010 Ed.)
35.23.805
35.23.580 Waterworks—Procedure—Bonds. For the
purpose of providing for, constructing and maintaining such
waterworks for irrigation and domestic purposes and issuing
bonds to pay therefor, such cities and towns may proceed in
all ways in accordance with, and apply all the provisions of,
law relating to local improvement assessments. [1965 c 7 §
35.23.580. Prior: 1901 c 117 § 3; RRS § 9528.]
35.23.580
35.23.680 Cities of ten thousand or more may frame
charter without changing classification. See chapter
35.22 RCW.
35.23.680
35.23.705 Purchase of electric power and energy
from joint operating agency. A city of the second class may
contract to purchase from a joint operating agency electric
power and energy required for its present or future requirements. For projects the output of which is limited to qualified
a lt e r n a t iv e e n e r g y r es o u r ce s a s d e f i n e d b y R C W
19.29A.090(3), the contract may include the purchase of
capability of the projects to produce electricity in addition to
the actual output of the projects. The contract may provide
that the city must make the payments required by the contract
whether or not a project is completed, operable, or operating
and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or
the power and energy contracted for. The contract may also
provide that payments under the contract are not subject to
reduction, whether by offset or otherwise, and shall not be
conditioned upon the performance or nonperformance of the
joint operating agency or a city, town, or public utility district
under the contract or other instrument. [2003 c 138 § 5.]
35.23.705
35.23.800 Code city retaining former second-class
city plan—Elective officers. In a city initially classified as a
second-class city prior to January 1, 1993, that retained its
second-class city plan of government when the city reorganized as a noncharter code city, the elective officers shall
consist of a mayor, twelve councilmembers, a city clerk, and
a city treasurer. [1994 c 81 § 24; 1987 c 3 § 6; 1965 c 7 §
35.23.020. Prior: 1949 c 83 § 1; 1907 c 241 § 2; RRS § 9007.
Formerly RCW 35.23.020.]
35.23.800
Additional notes found at www.leg.wa.gov
35.23.805 Code city retaining former second-class
city plan—Elections—Terms of office. In a city initially
classified as a second-class city prior to January 1, 1993, that
retained its second-class city plan of government when the
city reorganized as a noncharter code city, the terms of office
of mayor, city clerk, city treasurer and councilmembers shall
be four years, and until their successors are elected and qualified and assume office in accordance with *RCW 29.04.170,
but not more than six councilmembers normally shall be
elected in any one year to fill a full term. [1994 c 81 § 25;
1987 c 3 § 7; 1979 ex.s. c 126 § 21; 1965 c 7 § 35.23.040.
Prior: 1963 c 200 § 14; 1959 c 86 § 3; prior: (i) 1951 c 71 §
1; 1909 c 120 § 4; 1907 c 241 § 3; RRS § 9008. (ii) 1951 c 71
§ 1; 1907 c 241 § 4; RRS § 9009. Formerly RCW 35.23.040.]
35.23.805
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
[Title 35 RCW—page 129]
35.23.810
Title 35 RCW: Cities and Towns
Additional notes found at www.leg.wa.gov
35.23.810
35.23.810 Code city retaining former second-class
city plan—Mayor—General duties. In a city initially classified as a second-class city prior to January 1, 1993, that
retained its second-class city plan of government when the
city reorganized as a noncharter code city, the mayor shall be
the chief executive officer of the city and shall:
(1) Have general supervision over the several departments of the city government and over all its interests;
(2) Preside over the city council when present;
(3) Once in three months, submit a general statement of
the condition of the various departments and recommend to
the city council such measures as the mayor deems expedient
for the public health or improvement of the city, its finances
or government; and
(4) Countersign all warrants and licenses, deeds, leases
and contracts requiring signature issued under and by authority of the city.
If there is a vacancy in the office of mayor or the mayor
is absent from the city, or is unable from any cause to discharge the duties of the office, the president of the council
shall act as mayor, exercise all the powers and be subject to
all the duties of the mayor. [1994 c 81 § 26; 1965 c 7 §
35.23.080. Prior: (i) 1907 c 241 § 16, part; RRS § 9021, part.
(ii) 1907 c 241 § 17, part; RRS § 9022, part. Formerly RCW
35.23.080.]
35.23.815
35.23.815 Code city retaining former second-class
city plan—Appointive officers. In a city initially classified
as a second-class city prior to January 1, 1993, that retained
its second-class city plan of government when the city reorganized as a noncharter code city, the appointive officers
shall be a chief of police, city attorney, health officer, and
street commissioner; the council may also create by ordinance the offices of superintendent of irrigation, city engineer, harbor master, pound keeper, city jailer, chief of the fire
department, and any other offices necessary to discharge the
functions of the city and for whose election or appointment
no other provision is made. If a paid fire department is established therein a chief engineer and one or more assistant engineers may be appointed. If a free library and reading room is
established therein five library trustees shall be appointed.
The council by ordinance shall prescribe the duties of the
officers and fix their compensation subject to the provisions
of any statutes pertaining thereto. [1994 c 81 § 27; 1965 c 7
§ 35.23.120. Prior: 1949 c 83 § 2; Rem. Supp. 1949 § 9007A.
Formerly RCW 35.23.120.]
35.23.820
35.23.820 Code city retaining former second-class
city plan—Health officer. In a city initially classified as a
second-class city prior to January 1, 1993, that retained its
second-class city plan of government when the city reorganized as a noncharter code city, the council shall create the
office of city health officer, prescribe the duties and qualifications of this office and fix the compensation for the office.
[1994 c 81 § 28; 1965 c 7 § 35.23.150. Prior: 1907 c 241 §
64; RRS § 9067. Formerly RCW 35.23.150.]
[Title 35 RCW—page 130]
35.23.825 Code city retaining former second-class
city plan—Street commissioner. In a city initially classified as a second-class city prior to January 1, 1993, that
retained its second-class city plan of government when the
city reorganized as a noncharter code city, the street commissioner shall be under the direction of the mayor and city
council shall have control of the streets and public places of
the city and shall perform such duties as the city council may
prescribe. [1994 c 81 § 29; 1965 c 7 § 35.23.160. Prior: 1907
c 241 § 23; RRS § 9028. Formerly RCW 35.23.160.]
35.23.825
35.23.830 Code city retaining former second-class
city plan—Appointment of officers—Confirmation. In a
city initially classified as a second-class city prior to January
1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city, the
mayor shall appoint all the appointive officers of the city subject to confirmation by the city council. If the council refuses
to confirm any nomination of the mayor, the mayor shall
nominate another person for that office within ten days thereafter, and may continue to so nominate until a nominee is
confirmed. If the mayor fails to make another nomination for
the same office within ten days after the rejection of a nominee, the city council shall elect a suitable person to fill the
office during the term. The affirmative vote of not less than
seven councilmembers is necessary to confirm any nomination made by the mayor. [1994 c 81 § 30; 1965 c 7 §
35.23.180. Prior: 1907 c 241 § 8, part; 1890 p 145 § 25; RRS
§ 9013, part. Formerly RCW 35.23.180.]
35.23.830
35.23.835 Code city retaining former second-class
city plan—Oath and bond of officers. Before entering
upon official duties and within ten days after receiving notice
of being elected or appointed to city office, every officer of a
city initially classified as a second-class city prior to January
1, 1993, that retained its second-class city plan of government when the city reorganized as a noncharter code city
shall qualify by taking the oath of office and by filing such
bond duly approved as may be required. The oath of office
shall be filed with the county auditor. If no notice of election
or appointment was received, the officer must qualify on or
before the date fixed for the assumption of the duties of the
office. The city council shall fix the amount of all official
bonds and may designate what officers shall be required to
give bonds in addition to those required to do so by statute.
All official bonds shall be approved by the city council
and when so approved shall be filed with the city clerk except
the city clerk’s which shall be filed with the mayor. No city
officer shall be eligible as a surety upon any bond running to
the city as obligee.
The city council may require a new or additional bond of
any officer whenever it deems it expedient. [1994 c 81 § 31;
1987 c 3 § 8; 1986 c 167 § 17; 1965 c 7 § 35.23.190. Prior:
(i) 1907 c 241 § 10, part; 1890 p 145 § 29; RRS § 9015, part.
(ii) 1907 c 241 § 11; 1890 p 145 § 29; RRS § 9016. Formerly
RCW 35.23.190.]
35.23.835
Additional notes found at www.leg.wa.gov
35.23.840 Code city retaining former second-class
city plan—City council—How constituted. In a city ini35.23.840
(2010 Ed.)
Towns
tially classified as a second-class city prior to January 1,
1993, that retained its second-class city plan of government
when the city reorganized as a noncharter code city, the
mayor and twelve councilmembers shall constitute the city
council. At the first council meeting in each calendar year,
the city council shall elect one of their own body to serve as
president of the council.
The mayor shall preside at all meetings at which the
mayor is present. In the absence of the mayor, the president
of the council shall preside. In the absence of both the mayor
and the president of the council, the council may elect a president pro tempore from its own body. The president pro tempore shall have all the powers of the president of the council
during the session of the council at which the president pro
tempore is presiding. [1994 c 81 § 32; 1965 c 7 § 35.23.250.
Prior: (i) 1907 c 241 § 17, part; RRS § 9022, part. (ii) 1907 c
247 § 27; RRS § 9032. (iii) 1907 c 241 § 28, part; 1890 p 148
§ 37; RRS § 9033, part. Formerly RCW 35.23.250.]
35.23.845
35.23.845 Code city retaining former second-class
city plan—City council—Presiding officer—Voting
rights. In a city initially classified as a second-class city
prior to January 1, 1993, that retained its second-class city
plan of government when the city reorganized as a noncharter
code city, the mayor shall have a vote only in the case of a tie
in the votes of the councilmembers. The president of the
council while presiding or the president pro tempore shall
have the right to vote upon all questions coming before the
council.
A majority of all the members elected shall be necessary
to pass any ordinance appropriating for any purpose the sum
of five hundred dollars or upwards or any ordinance imposing any assessment, tax, or license or in any wise increasing
or diminishing the city revenue. [1994 c 81 § 33; 1965 c 7 §
35.23.280. Prior: (i) 1907 c 241 § 28, part; 1890 p 148 § 37;
RRS § 9033, part. (ii) 1907 c 241 § 61; 1890 p 159 § 51; RRS
§ 9064. Formerly RCW 35.23.280.]
35.23.850
35.23.850 Code city retaining former second-class
city plan—Wards—Division of city into. In any city initially classified as a second-class city prior to January 1,
1993, that retained its second-class city plan of government
when the city reorganized as a noncharter code city, the city
council may divide the city into wards, not exceeding six in
all, or change the boundaries of existing wards at any time
less than one hundred twenty days before a municipal general
election. No change in the boundaries of wards shall affect
the term of any councilmember, and councilmembers shall
serve out their terms in the wards of their residences at the
time of their elections. However, if these boundary changes
result in one ward being represented by more councilmembers than the number to which it is entitled, those having the
shortest unexpired terms shall be assigned by the council to
wards where there is a vacancy, and the councilmembers so
assigned shall be deemed to be residents of the wards to
which they are assigned for purposes of determining whether
those positions are vacant.
The representation of each ward in the city council shall
be in proportion to the population as nearly as is practicable.
(2010 Ed.)
Chapter 35.27
Wards shall be redrawn as provided in *chapter 29.70
RCW. Wards shall be used as follows: (1) Only a resident of
the ward may be a candidate for, or hold office as, a councilmember of the ward; and (2) only voters of the ward may
vote at a primary to nominate candidates for a councilmember of the ward. Voters of the entire city may vote at the general election to elect a councilmember of a ward, unless the
city had prior to January 1, 1994, limited the voting in the
general election for any or all council positions to only voters
residing within the ward associated with the council positions. If a city had so limited the voting in the general election
to only voters residing within the ward, then the city shall be
authorized to continue to do so. The elections for the remaining council position or council positions that are not associated with a ward shall be conducted as if the wards did not
exist. [1995 c 134 § 10. Prior: 1994 c 223 § 16; 1994 c 81 §
34; 1965 c 7 § 35.23.530; prior: 1907 c 241 § 14; 1890 p 147
§ 35; RRS § 9019. Formerly RCW 35.23.530.]
*Reviser’s note: Chapter 29.70 RCW was recodified as chapter
29A.76 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Chapter 35.27
Chapter 35.27 RCW
TOWNS
Sections
35.27.010
35.27.030
35.27.040
35.27.050
35.27.060
35.27.070
35.27.080
35.27.090
35.27.100
35.27.120
35.27.130
35.27.140
35.27.160
35.27.170
35.27.180
35.27.190
35.27.200
35.27.210
35.27.220
35.27.230
35.27.240
35.27.250
35.27.260
35.27.270
35.27.280
35.27.290
35.27.300
35.27.310
35.27.330
35.27.340
35.27.345
35.27.350
35.27.362
35.27.370
35.27.372
35.27.373
35.27.375
35.27.376
35.27.377
35.27.380
35.27.385
Rights, powers, and privileges.
Uncertain boundaries—Petition—Request for examination.
Duty of county commissioners.
Report of survey.
Expense of proceedings.
Town officers enumerated.
Eligibility to hold elective office.
Elections—Terms of office.
Conduct of elections.
Oath and bond of officers.
Compensation of officers and employees—Expenses—Nonstate pensions.
Vacancies.
Mayor—Duties—Powers—Mayor pro tempore.
Town treasurer—Duties.
Treasurer and clerk may be combined.
Effect of consolidation of offices.
Abandonment of consolidation.
Duty of officers collecting moneys.
Town clerk—Duties.
Records to be kept by clerk.
Town marshal—Police department.
Town attorney—Duties.
Park commissioners.
Town council—Oath—Meetings.
Town council—Quorum—Rules—Journal.
Ordinances—Style—Signatures.
Ordinances—Publication—Summary—Public notice of hearings and meeting agendas.
Ordinances—Clerk to keep book of ordinances.
Ordinances granting franchises—Requisites.
Audit and allowance of demands against town.
Payment of claims and obligations by warrant or check.
Contract for town printing.
Contracts, purchases, advertising—Call for bids—Exceptions.
Specific powers enumerated.
City and town license fees and taxes on financial institutions.
City license fees or taxes on certain business activities to be at
a single uniform rate.
Additional powers—Parking meter revenue for revenue
bonds.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Additional powers—Eminent domain.
Additional powers—Construction and operation of boat harbors, marinas, docks, etc.
[Title 35 RCW—page 131]
35.27.010
35.27.390
35.27.400
35.27.410
35.27.500
35.27.510
35.27.515
35.27.550
35.27.560
35.27.570
35.27.580
35.27.590
35.27.600
35.27.610
Title 35 RCW: Cities and Towns
Employees’ group insurance.
Fire limits—Parks.
Nuisances.
Taxation—Street poll tax.
Utilities—Transfer of part of net earnings to current expense
fund.
Criminal code repeals by town operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
Off-street parking space and facilities—Authorized—
Declared public use.
Off-street parking space and facilities—Financing.
Off-street parking space and facilities—Acquisition and disposition of real property.
Off-street parking space and facilities—Operation—Lease.
Off-street parking space and facilities—Hearing prior to establishment.
Off-street parking space and facilities—Construction.
Purchase of electric power and energy from joint operating
agency.
Accident claims against: RCW 35.31.040, 35.31.050.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by towns: RCW 64.04.130.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Actions by in corporate name: RCW 4.08.110.
Advancement in classification: RCW 35.06.010.
Classification as: RCW 35.01.040.
Code of ethics for public officers and employees: Chapters 42.23 and 42.52
RCW.
Corporate stock or bonds not to be owned by: State Constitution Art. 8 § 7.
Credit not to be loaned, exception: State Constitution Art. 8 § 7.
Group false arrest insurance: RCW 35.23.460.
Incorporation and annexation restrictions as to area: RCW 35.21.010.
Inhabitants at time of organization: RCW 35.01.040.
Insurance, group for employees: RCW 35.23.460.
Judgment against public corporations, enforcement: RCW 6.17.080.
Limitation upon actions by public corporations: RCW 4.16.160.
Limitations on indebtedness: State Constitution Art. 7 § 2 (Amendments 55,
59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050.
Lost and found property: Chapter 63.21 RCW.
Metropolitan park districts, withdrawal from: RCW 35.61.010.
Municipal utilities: Chapter 35.92 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Organization under general laws required: State Constitution Art. 11 § 10
(Amendment 40).
Park commissioners: RCW 35.23.170.
Parking meter revenue, basis for revenue bonds: RCW 35.23.454.
Plats
regulation of surveys and plats: RCW 58.10.040.
resurvey and correction of: RCW 58.10.030.
Revenue bonds, parking meter revenue as basis for: RCW 35.23.454.
School districts, educational service districts, agreements with other governmental entities for transportation of students or the public, or for other
noncommon school purposes—Limitations: RCW 28A.160.120.
Service of summons on, personal service: RCW 4.28.080.
Sidewalks, construction, initial: Chapter 35.70 RCW.
Taxes, power of municipalities: State Constitution Art. 11 § 12.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
35.27.010 Rights, powers, and privileges. Every town
shall be entitled the "Town of . . . . . . . . ." (naming it), and by
such name shall have perpetual succession, may sue, and be
sued in all courts and places, and in all proceedings whatever;
shall have and use a common seal, alterable at the pleasure of
35.27.010
[Title 35 RCW—page 132]
the town authorities, and may purchase, lease, receive, hold,
and enjoy real and personal property and control, lease, sublease, convey, or otherwise dispose of the same for the common benefit. [1994 c 273 § 11; 1994 c 81 § 53; 1965 c 7 §
35.27.010. Prior: 1890 p 198 § 142; RRS § 9163.]
Reviser’s note: This section was amended by 1994 c 81 § 53 and by
1994 c 273 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
35.27.030 Uncertain boundaries—Petition—Request
for examination. Whenever a petition is presented to the
council of any incorporated town in this state, signed by not
less than five electors of such town, setting forth that in the
belief of the petitioners, the boundaries of said town are
indefinite and uncertain and that on account of such indefiniteness and uncertainty the legality of the taxes levied within
such town are in danger of being affected, and setting forth
the particular causes or reasons of such alleged indefiniteness
or uncertainty, it shall be the duty of the town council to
cause the petition to be filed and recorded by the clerk, and to
cause a copy of the same to be made and certified by the clerk
and the corporate seal of such town to be attached to said certificate, and the mayor of such town shall forthwith present
said certified copy of the petition to the board of county commissioners of the county wherein said town is situated, with a
written request to be signed by him or her as such mayor that
the said board of county commissioners proceed to examine
the boundaries of such town or city, and make the same definite and certain. [2009 c 549 § 2054; 1965 c 7 § 35.27.030.
Prior: 1899 c 79 § 1; RRS § 9195.]
35.27.030
35.27.040 Duty of county commissioners. The board
of county commissioners upon receipt of the certified copy of
said petition, and the request aforesaid, shall cause the same
to be filed in the office of the county auditor and forthwith
proceed to examine the boundaries of the town and make the
same definite and certain. For this purpose they may employ
a competent surveyor, and shall commence at some recognized and undisputed point on the boundary line of the town,
if such there be, and if there is no such recognized and undisputed point, they shall establish a starting point from the best
data at their command and from such starting point they shall
run a boundary line by courses and distances around such
town, in one tract or body. [1965 c 7 § 35.27.040. Prior:
1899 c 79 § 2; RRS § 9196.]
35.27.040
35.27.050 Report of survey. The board of county commissioners, without unnecessary delay, shall make and file a
report of their doings in the premises in the office of the
county auditor, who shall transmit a certified copy thereof
under the seal of the county, to the clerk of the town, and the
clerk shall record the same in the records of the town, and
keep the copy on file in his or her office. The report shall
contain the description of the boundary of the town, as fixed
by the board, written in plain words and figures and the
boundaries so made and fixed shall be the boundaries of the
town, and all the territory included within the boundary lines
so established shall be included in the town, and be a part
thereof. [2009 c 549 § 2055; 1965 c 7 § 35.27.050. Prior:
1899 c 79 § 3; RRS § 9197.]
35.27.050
(2010 Ed.)
Towns
35.27.060 Expense of proceedings. The expense of
such proceedings shall be paid by the town at whose request
the same is incurred. The county commissioners shall each
receive as compensation, an amount not exceeding the
amount allowed by law for their usual services as commissioners, and, any surveyor or other assistants employed by
them, a reasonable compensation to be fixed and certified by
said commissioners. [1965 c 7 § 35.27.060. Prior: 1899 c 79
§ 4; RRS § 9198.]
35.27.060
35.27.070 Town officers enumerated. The government of a town shall be vested in a mayor and a council consisting of five members and a treasurer, all elective; the
mayor shall appoint a clerk and a marshal; and may appoint a
town attorney, pound master, street superintendent, a civil
engineer, and such police and other subordinate officers and
employees as may be provided for by ordinance. All appointive officers and employees shall hold office at the pleasure of
the mayor, subject to any applicable law, rule, or regulation
relating to civil service, and shall not be subject to confirmation by the town council. [1997 c 361 § 3; 1993 c 47 § 2;
1987 c 3 § 12; 1965 ex.s. c 116 § 14; 1965 c 7 § 35.27.070.
Prior: 1961 c 89 § 3; prior: (i) 1903 c 113 § 4; 1890 p 198 §
143; RRS § 9164. (ii) 1941 c 108 § 2; 1939 c 87 § 2; Rem.
Supp. 1941 § 9165-1a. (iii) 1943 c 183 § 1, part; 1941 c 91 §
1, part; 1911 c 33 § 1, part; 1903 c 113 § 5, part; 1890 p 198
§ 144, part; Rem. Supp. 1943 § 9165.]
35.27.070
Additional notes found at www.leg.wa.gov
35.27.080 Eligibility to hold elective office. No person
shall be eligible to or hold an elective office in a town unless
he or she is a resident and registered voter in the town. [1997
c 361 § 8; 1965 c 7 § 35.27.080. Prior: 1890 p 200 § 149;
RRS § 9170.]
35.27.080
35.27.090 Elections—Terms of office. All general
municipal elections in towns shall be held biennially in the
odd-numbered years as provided in RCW 29A.04.330. The
term of office of the mayor and treasurer shall be four years
and until their successors are elected and qualified and
assume office in accordance with RCW 29A.20.040: PROVIDED, That the term of the treasurer shall not commence in
the same biennium in which the term of the mayor commences. Councilmembers shall be elected for four year terms
and until their successors are elected and qualified and
assume office in accordance with RCW 29A.20.040; three at
one election and two at the next succeeding biennial election.
[2009 c 549 § 2056; 1979 ex.s. c 126 § 23; 1965 c 7 §
35.27.090. Prior: 1963 c 200 § 16; 1961 c 89 § 4; prior:
1955 c 55 § 7; 1943 c 183 § 1, part; 1941 c 91 § 1, part; 1911
c 33 § 1, part; 1903 c 113 § 5, part; 1890 p 198 § 144, part;
Rem. Supp. 1943 § 9165, part.]
35.27.090
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.27.100 Conduct of elections. All elections in towns
shall be held in accordance with the general election laws of
the state. [1994 c 223 § 21; 1965 c 7 § 35.27.100. Prior: 1890
p 200 § 148; RRS § 9169.]
35.27.100
Elections: Title 29A RCW.
(2010 Ed.)
35.27.140
35.27.120 Oath and bond of officers. Every officer of
a town before entering upon the duties of his or her office
shall take and file with the county auditor his or her oath of
office. The clerk, treasurer, and marshal before entering
upon their respective duties shall also each execute a bond
approved by the council in such penal sum as the council by
ordinance may determine, conditioned for the faithful performance of his or her duties including in the same bond the
duties of all offices of which he or she is made ex officio
incumbent.
All bonds, when approved, shall be filed with the town
clerk, except the bonds of the clerk which shall be filed with
the mayor. [2009 c 549 § 2057; 1986 c 167 § 19; 1965 c 7 §
35.27.120. Prior: 1890 p 199 § 145; RRS § 9166.]
35.27.120
Additional notes found at www.leg.wa.gov
35.27.130 Compensation of officers and employees—
Expenses—Nonstate pensions. The mayor and members of
the town council may be reimbursed for actual expenses
incurred in the discharge of their official duties upon presentation of a claim therefor and its allowance and approval by
resolution of the town council. The mayor and members of
the council may also receive such salary as the council may
fix by ordinance.
The treasurer and treasurer-clerk shall severally receive
at stated times a compensation to be fixed by ordinance.
The compensation of all other officers and employees
shall be fixed from time to time by the council.
Any town that provides a pension for any of its employees under a plan not administered by the state must notify the
state auditor of the existence of the plan at the time of an audit
of the town by the auditor. No town may establish a pension
plan for its employees that is not administered by the state,
except that any defined contribution plan in existence as of
January 1, 1990, is deemed to have been authorized. No town
that provides a defined contribution plan for its employees as
authorized by this section may make any material changes in
the terms or conditions of the plan after June 7, 1990. [1993
c 47 § 3; 1990 c 212 § 2; 1973 1st ex.s. c 87 § 2; 1969 ex.s. c
270 § 9; 1965 c 105 § 2; 1965 c 7 § 35.27.130. Prior: 1961 c
89 § 5; prior: (i) 1941 c 115 § 2; 1890 p 200 § 147; Rem.
Supp. 1941 § 9168. (ii) 1921 c 24 § 1, part; 1890 p 209 § 168,
part; RRS § 9187, part. (iii) 1890 p 214 § 173; RRS § 9191.
(iv) 1943 c 183 § 1, part; 1941 c 91 § 1, part; 1911 c 33 § 1,
part; 1903 c 113 § 5, part; 1890 p 198 § 144, part; RRS §
9165, part.]
35.27.130
35.27.140 Vacancies. (1) The council of a town may
declare a council position vacant if that councilmember is
absent from the town for three consecutive council meetings
without the permission of the council.
(2) A vacancy in an elective office shall occur and shall
be filled as provided in chapter 42.12 RCW. An incumbent
councilmember is eligible to be appointed to fill a vacancy in
the office of mayor.
(3) A vacancy in any other office shall be filled by
appointment by the mayor. [2008 c 50 § 3; 1994 c 223 § 22;
1965 c 7 § 35.27.140. Prior: (i) 1903 c 113 § 6; 1890 p 199
§ 146; RRS § 9167. (ii) 1907 c 228 § 5, part; RRS § 9203,
part.]
35.27.140
[Title 35 RCW—page 133]
35.27.160
Title 35 RCW: Cities and Towns
35.27.160 Mayor—Duties—Powers—Mayor pro
tempore. The mayor shall preside over all meetings of the
council at which he or she is present. A mayor pro tempore
may be chosen by the council for a specified period of time,
not to exceed six months, to act as the mayor in the absence
of the mayor. The mayor shall sign all warrants drawn on the
treasurer and shall sign all written contracts entered into by
the town. The mayor may administer oaths and affirmations,
and take affidavits and certify them. The mayor shall sign all
conveyances made by the town and all instruments which
require the seal of the town.
The mayor is authorized to acknowledge the execution
of all instruments executed by the town which require
acknowledgment. [1988 c 196 § 1; 1965 c 7 § 35.27.160.
Prior: 1890 p 209 § 167; RRS § 9186.]
35.27.160
35.27.170 Town treasurer—Duties. The town treasurer shall receive and safely keep all money which comes
into his or her hands as treasurer, for all of which he or she
shall give duplicate receipts, one of which shall be filed with
the clerk. He or she shall pay out the money on warrants
signed by the mayor and countersigned by the clerk and not
otherwise. He or she shall make monthly settlements with
the clerk. [2009 c 549 § 2058; 1965 c 7 § 35.27.170. Prior:
1961 c 89 § 6; prior: 1921 c 24 § 1, part; 1890 p 209 § 168,
part; RRS § 9187, part.]
35.27.170
35.27.180 Treasurer and clerk may be combined.
The council of every town may provide by ordinance that the
office of treasurer be combined with that of clerk or that the
office of clerk be combined with that of treasurer. This ordinance shall not be voted upon until the next regular meeting
after its introduction and shall require the vote of at least twothirds of the council. The ordinance shall provide the date
when the consolidation shall take place which date shall be
not less than three months from the date the ordinance goes
into effect. [1965 c 7 § 35.27.180. Prior: (i) 1945 c 58 § 1;
Rem. Supp. 1945 § 9177-1. (ii) 1945 c 58 § 4, part; Rem.
Supp. 1945 § 9177-4, part.]
35.27.180
35.27.190 Effect of consolidation of offices. Upon the
consolidation of the office of treasurer with that of clerk, the
office of treasurer shall be abolished and the clerk shall exercise all the powers and perform all the duties required by statute or ordinance to be performed by the treasurer; in the execution of any papers his or her designation as clerk shall be
sufficient.
Upon the consolidation of the office of clerk with that of
treasurer, the treasurer shall exercise all the powers vested in
and perform all the duties required to be performed by the
clerk. [2009 c 549 § 2059; 1965 c 7 § 35.27.190. Prior: (i)
1945 c 58 § 2; Rem. Supp. 1945 § 9177-2. (ii) 1945 c 58 § 3;
Rem. Supp. 1945 § 9177-3.]
35.27.190
35.27.200 Abandonment of consolidation. Every
town which has combined the office of treasurer with that of
clerk or the office of clerk with that of treasurer may terminate the combination by ordinance, fixing the time when the
combination shall cease and providing that the duties thereafter be performed by separate officials. If the office of trea35.27.200
[Title 35 RCW—page 134]
surer was combined with that of clerk, the mayor shall
appoint a treasurer who shall serve until the next town election when a treasurer shall be elected for the term as provided
by law. [1965 c 7 § 35.27.200. Prior: 1945 c 58 § 4, part;
Rem. Supp. 1945 § 9177-4, part.]
35.27.210 Duty of officers collecting moneys. Every
officer collecting or receiving any money belonging to a
town shall settle for it with the clerk on the first Monday of
each month and immediately pay it into the treasury on the
order of the clerk to be credited to the fund to which it
belongs. [1965 c 7 § 35.27.210. Prior: 1890 p 214 § 175;
RRS § 9193.]
35.27.210
35.27.220 Town clerk—Duties. The town clerk shall
be custodian of the seal of the town. The town clerk may
appoint a deputy for whose acts he or she and his or her bondspersons shall be responsible. The town clerk and his or her
deputy may administer oaths or affirmations and certify to
them, and may take affidavits and depositions to be used in
any court or proceeding in the state.
The town clerk shall make a quarterly statement in writing showing the receipts and expenditures of the town for the
preceding quarter and the amount remaining in the treasury.
At the end of every fiscal year the town clerk shall make
a full and detailed statement of receipts and expenditures of
the preceding year and a full statement of the financial condition of the town which shall be published.
The town clerk shall perform such other services as may
be required by statute or by ordinances of the town council.
The town clerk shall keep a full and true account of all
the proceedings of the council. [2007 c 218 § 76; 1965 c 7 §
35.27.220. Prior: 1890 p 210 § 170, part; RRS § 9188, part.]
35.27.220
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
35.27.230 Records to be kept by clerk. The proceedings of the town council shall be kept in a book marked
"records of council."
The town clerk shall keep a book marked "town
accounts," in which shall be entered on the debit side all moneys received by the town including but not limited to proceeds from licenses and general taxes and in which shall be
entered on the credit side all warrants drawn on the treasury.
He or she shall also keep a book marked "marshal’s
account" in which he or she shall charge the marshal with all
licenses delivered to him or her and credit him or her with all
money collected and paid in.
He or she shall also keep a book marked "treasurer’s
account" in which he or she shall keep a full account of the
transactions of the town with the treasurer.
He or she shall also keep a book marked "licenses" in
which he or she shall enter all licenses issued by him or her—
the date thereof, to whom issued, for what, the time they
expire, and the amount paid.
Each of the foregoing books, except the records of the
council, shall have a general index sufficiently comprehensive to enable a person readily to ascertain matters contained
therein.
He or she shall also keep a book marked "demands and
warrants" in which he or she shall enter every demand against
35.27.230
(2010 Ed.)
Towns
the town at the time of filing it. He or she shall state therein
the final disposition of each demand and if it is allowed and a
warrant drawn, he or she shall state the number of the warrant
and its date. This book shall contain an index in which reference shall be made to each demand. [2009 c 549 § 2060;
1965 c 7 § 35.27.230. Prior: 1890 p 210 § 170, part; RRS §
9188, part.]
35.27.300
resolutions and ordinances must take place within the corporate limits of the town. All meetings of the town council must
be public. [1993 c 199 § 1; 1965 c 7 § 35.27.270. Prior: (i)
1890 p 200 § 150; RRS § 9171. (ii) 1890 p 201 § 153, part;
RRS § 9174, part.]
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.27.280 Town council—Quorum—Rules—Journal. A majority of the councilmembers shall constitute a
quorum for the transaction of business, but a lesser number
may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.
The mayor shall preside at all meetings of the council.
The mayor shall have a vote only in case of a tie in the votes
of the councilmembers. In the absence of the mayor the
council may appoint a president pro tempore; in the absence
of the clerk, the mayor or president pro tempore, shall appoint
one of the councilmembers as clerk pro tempore. The council
may establish rules for the conduct of its proceedings and
punish any members or other person for disorderly behavior
at any meeting. At the desire of any member, the ayes and
noes shall be taken on any question and entered in the journal.
[2009 c 549 § 2061; 1965 c 107 § 2; 1965 c 7 § 35.27.280.
Prior: (i) 1890 p 201 § 151; RRS § 9172. (ii) 1890 p 201 §
152, part; RRS § 9173, part.]
35.27.280
35.27.240 Town marshal—Police department. The
department of police in a town shall be under the direction
and control of the marshal subject to the direction of the
mayor. He or she may pursue and arrest violators of town
ordinances beyond the town limits.
The marshal’s lawful orders shall be promptly executed
by deputies, police officers and watchpersons. Every citizen
shall lend him or her aid, when required, for the arrest of
offenders and maintenance of public order. He or she may
appoint, subject to the approval of the mayor, one or more
deputies, for whose acts he and his or her bondspersons shall
be responsible, whose compensation shall be fixed by the
council. With the concurrence of the mayor, the marshal may
appoint additional police officers for one day only when necessary for the preservation of public order.
The marshal shall have the same authority as that conferred upon sheriffs for the suppression of any riot, public
tumult, disturbance of the peace, or resistance against the
laws or public authorities in the lawful exercise of their functions and shall be entitled to the same protection.
The marshal shall execute and return all process issued
and directed to him or her by any legal authority and for his
or her services shall receive the same fees as are paid to constables. The marshal shall perform such other services as the
council by ordinance may require. [2007 c 218 § 67; 1987 c
3 § 13; 1977 ex.s. c 316 § 24; 1965 c 125 § 1; 1965 c 7 §
35.27.240. Prior: 1963 c 191 § 1; 1890 p 213 § 172; RRS §
9190.]
35.27.240
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Additional notes found at www.leg.wa.gov
35.27.250 Town attorney—Duties. The town attorney
shall advise the town authorities and officers in all legal matters pertaining to the business of the town. [1965 c 7 §
35.27.250. Prior: 1890 p 212 § 171; RRS § 9189.]
35.27.250
Employment of legal interns: RCW 35.21.760.
35.27.260 Park commissioners. See RCW 35.23.170.
35.27.260
35.27.270 Town council—Oath—Meetings. The
town council shall meet in January succeeding the date of the
general municipal election, shall take the oath of office, and
shall hold regular meetings at least once each month at such
times as may be fixed by ordinance. Special meetings may be
called at any time by the mayor or by three councilmembers,
by written notice as provided in RCW 42.30.080. No resolution or order for the payment of money shall be passed at any
other than a regular meeting. No such resolution or order
shall be valid unless passed by the votes of at least three
councilmembers.
All meetings of the council shall be held at such places as
may be designated by the town council. All final actions on
35.27.270
(2010 Ed.)
35.27.290 Ordinances—Style—Signatures. The
enacting clause of all ordinances shall be as follows: "Be it
ordained by the council of the town of . . . . ."
Every ordinance shall be signed by the mayor and
attested by the clerk. [1965 c 7 § 35.27.290. Prior: 1917 c 99
§ 1, part; 1890 p 204 § 155, part; RRS § 9178, part.]
35.27.290
35.27.300 Ordinances—Publication—Summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of the
content of each ordinance shall be published at least once in
the official newspaper of the town.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a summary of
that ordinance. When the town publishes a summary, the
publication shall include a statement that the full text of the
ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a town publish the
text or a summary of the content of each adopted ordinance,
every town shall establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the
forthcoming council meeting. Such procedure may include,
but not be limited to, written notification to the town’s official newspaper, publication of a notice in the official newspaper, posting of upcoming council meeting agendas, or such
other processes as the town determines will satisfy the intent
of this requirement. [1994 c 273 § 12; 1988 c 168 § 5; 1987
35.27.300
[Title 35 RCW—page 135]
35.27.310
Title 35 RCW: Cities and Towns
c 400 § 2; 1985 c 469 § 26; 1965 c 7 § 35.27.300. Prior: 1917
c 99 § 1, part; 1890 p 204 § 155, part; RRS § 9178, part.]
35.27.310 Ordinances—Clerk to keep book of ordinances. The town clerk shall keep a book marked "ordinances" into which he or she shall copy all town ordinances,
with his or her certificate annexed to said copy stating that the
foregoing ordinance is a true and correct copy of an ordinance of the town, and giving the number and title of the ordinance, and stating that it has been published or posted according to law. Such record copy, with the clerk’s certificate,
shall be prima facie evidence of the contents of the ordinance
and of its passage and publication, and shall be admissible as
such in any court or proceeding. Such record shall not be
filed in any case but shall be returned to the custody of the
clerk. Nothing herein shall be construed to prevent the proof
of the passage and publication of ordinances in the usual way.
The book of ordinances shall have a general index sufficiently comprehensive to enable a person readily to ascertain
matters contained therein. [2009 c 549 § 2062; 1965 c 7 §
35.27.310. Prior: 1890 p 210 § 170, part; RRS § 9188, part.]
rized or required to sign such checks. Wherever a reference
is made to warrants in this title, such term shall include
checks where authorized by this section. [2006 c 41 § 2.]
35.27.310
35.27.330 Ordinances granting franchises—Requisites. No ordinance or resolution granting any franchise for
any purpose shall be passed by the council on the day of its
introduction, nor within five days thereafter, nor at any other
than a regular meeting, and no such ordinance or resolution
shall have any validity or effect unless passed by the vote of
at least three councilmembers. The town council may require
a bond in a reasonable amount from any persons and corporations obtaining a franchise from the town conditioned for the
faithful performance of the conditions and terms of the franchise and providing a recovery on the bond in case of failure
to perform the terms and conditions of the franchise. [2009 c
549 § 2063; 1965 c 7 § 35.27.330. Prior: (i) 1890 p 201 §
153, part; RRS § 9174, part. (ii) 1907 c 228 § 1, part; RRS §
9199, part.]
35.27.330
35.27.340 Audit and allowance of demands against
town. All demands against a town shall be presented to and
audited by the council in accordance with such regulations as
they may by ordinance prescribe. Upon allowance of a
demand the mayor shall draw a warrant therefor upon the
treasurer; the warrant shall be countersigned by the clerk and
shall specify the purpose for which it is drawn.
The town clerk and his or her deputy shall take all necessary affidavits to claims against the town and certify them.
[2009 c 549 § 2064; 1965 c 7 § 35.27.340. Prior: (i) 1890 p
210 § 170, part; RRS § 9188, part. (ii) 1890 p 204 § 156;
RRS § 9179.]
35.27.340
35.27.345 Payment of claims and obligations by warrant or check. A town, by ordinance, may adopt a policy for
the payment of claims or other obligations of the town, which
are payable out of solvent funds, electing to pay such obligations by warrant or by check. However, when the applicable
fund is not solvent at the time payment is ordered, a warrant
shall be issued. When checks are to be used, the legislative
body shall designate the qualified public depositary, upon
which such checks are to be drawn, and the officers autho35.27.345
[Title 35 RCW—page 136]
35.27.350 Contract for town printing. Every town
may designate any daily or weekly newspaper published or of
general circulation therein as its official newspaper and all
notices published in that newspaper for the period and in the
manner provided by law or the ordinances of the town shall
be due and legal notice. [1965 c 7 § 35.27.350. Prior: 1903
c 120 § 1; RRS § 9177.]
35.27.350
35.27.362 Contracts, purchases, advertising—Call
for bids—Exceptions. See RCW 35.23.352.
35.27.362
35.27.370 Specific powers enumerated. The council
of said town shall have power:
(1) To pass ordinances not in conflict with the Constitution and laws of this state, or of the United States;
(2) To purchase, lease or receive such real estate and personal property as may be necessary or proper for municipal
purposes, and to control, dispose of and convey the same for
the benefit of the town; to acquire, own, and hold real estate
for cemetery purposes either within or without the corporate
limits, to sell and dispose of such real estate, to plat or replat
such real estate into cemetery lots and to sell and dispose of
any and all lots therein, and to operate, improve and maintain
the same as a cemetery;
(3) To contract for supplying the town with water for
municipal purposes, or to acquire, construct, repair and manage pumps, aqueducts, reservoirs, or other works necessary
or proper for supplying water for use of such town or its
inhabitants, or for irrigating purposes therein;
(4) To establish, build and repair bridges, to establish,
lay out, alter, widen, extend, keep open, improve, and repair
streets, sidewalks, alleys, squares and other public highways
and places within the town, and to drain, sprinkle and light
the same; to remove all obstructions therefrom; to establish
the grades thereof; to grade, pave, plank, macadamize, gravel
and curb the same, in whole or in part, and to construct gutters, culverts, sidewalks and crosswalks therein, or on any
part thereof; to cause to be planted, set out and cultivated
trees therein, and generally to manage and control all such
highways and places;
(5) To establish, construct and maintain drains and sewers, and shall have power to compel all property owners on
streets along which sewers are constructed to make proper
connections therewith, and to use the same for proper purposes when such property is improved by the erection
thereon of a building or buildings; and in case the owners of
such improved property on such streets shall fail to make
such connections within the time fixed by such council, they
may cause such connections to be made, and to assess against
the property in front of which such connections are made the
costs and expenses thereof;
(6) To provide fire engines and all other necessary or
proper apparatus for the prevention and extinguishment of
fires;
(7) To impose and collect an annual license on every dog
within the limits of the town, to prohibit dogs running at
35.27.370
(2010 Ed.)
Towns
large, and to provide for the killing of all dogs found at large
and not duly licensed;
(8) To levy and collect annually a property tax, for the
payment of current expenses and for the payment of indebtedness (if any indebtedness exists) within the limits authorized by law;
(9) To license, for purposes of regulation and revenue,
all and every kind of business, authorized by law and transacted and carried on in such town; and all shows, exhibitions
and lawful games carried on therein and within one mile of
the corporate limits thereof; to fix the rate of license tax upon
the same, and to provide for the collection of the same, by suit
or otherwise; to regulate, restrain, or prohibit the running at
large of any and all domestic animals within the city limits, or
any part or parts thereof, and to regulate the keeping of such
animals within any part of the city; to establish, maintain and
regulate a common pound for estrays, and to appoint a
poundkeeper, who shall be paid out of the fines and fees
imposed on, and collected from, the owners of any
impounded stock. A city may not require a business to be
licensed based solely upon registration under or compliance
with the streamlined sales and use tax agreement;
(10) To improve the rivers and streams flowing through
such town or adjoining the same; to widen, straighten and
deepen the channels thereof, and to remove obstructions
therefrom; to prevent the pollution of streams or water running through such town, and for this purpose shall have jurisdiction for two miles in either direction; to improve the
waterfront of the town, and to construct and maintain
embankments and other works to protect such town from
overflow;
(11) To erect and maintain buildings for municipal purposes;
(12) To grant franchises or permits to use and occupy the
surface, the overhead and the underground of streets, alleys
and other public ways, under such terms and conditions as it
shall deem fit, for any and all purposes, including but not
being limited to the construction, maintenance and operation
of railroads, street railways, transportation systems, water,
gas and steam systems, telephone and telegraph systems,
electric lines, signal systems, surface, aerial and underground
tramways;
(13) To punish the keepers and inmates and lessors of
houses of ill fame, and keepers and lessors of gambling
houses and rooms and other places where gambling is carried
on or permitted, gamblers and keepers of gambling tables;
(14) To impose fines, penalties and forfeitures for any
and all violations of ordinances, and for any breach or violation of any ordinance, to fix the penalty by fine or imprisonment, or both; but no such fine shall exceed five thousand
dollars, nor the term of imprisonment exceed one year,
except that the punishment for any criminal ordinance shall
be the same as the punishment provided in state law for the
same crime; or to provide that violations of ordinances constitute a civil violation subject to a monetary penalty, but no
act which is a state crime may be made a civil violation;
(15) To operate ambulance service which may serve the
town and surrounding rural areas and, in the discretion of the
council, to make a charge for such service;
(16) To make all such ordinances, bylaws, rules, regulations and resolutions not inconsistent with the Constitution
(2010 Ed.)
35.27.400
and laws of the state of Washington, as may be deemed expedient to maintain the peace, good government and welfare of
the town and its trade, commerce and manufacturers, and to
do and perform any and all other acts and things necessary or
proper to carry out the provisions of this chapter. [2008 c 129
§ 3; 1993 c 83 § 7; 1986 c 278 § 6; 1984 c 258 § 805; 1977
ex.s. c 316 § 25; 1965 ex.s. c 116 § 15; 1965 c 127 § 1; 1965
c 7 § 35.27.370. Prior: 1955 c 378 § 4; 1949 c 151 § 1; 1945
c 214 § 1; 1941 c 74 § 1; 1927 c 207 § 1; 1925 ex.s. c 159 §
1; 1895 c 32 § 1; 1890 p 201 § 154; Rem. Supp. 1949 § 9175.]
Additional notes found at www.leg.wa.gov
35.27.372 City and town license fees and taxes on
financial institutions. See chapter 82.14A RCW.
35.27.372
35.27.373 City license fees or taxes on certain business activities to be at a single uniform rate. See RCW
35.21.710.
35.27.373
35.27.375 Additional powers—Parking meter revenue for revenue bonds. See RCW 35.23.454.
35.27.375
35.27.376 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
35.27.376
35.27.377 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.27.377
35.27.380 Additional powers—Eminent domain.
Whenever it becomes necessary for a town to take or damage
private property for the purpose of establishing, laying out,
extending, and widening streets and other public highways
and places within the town, or for the purpose of rights-ofway for drains, sewers, and aqueducts, and for the purpose of
widening, straightening, or diverting the channels of streams
and the improvement of waterfronts, and the council cannot
agree with the owner thereof as to the price to be paid, the
council may direct proceedings to be taken under the general
laws of the state to procure the same. [1965 c 7 § 35.27.380.
Prior: 1890 p 207 § 162; RRS § 9182.]
35.27.380
Eminent domain: Chapter 8.12 RCW.
35.27.385 Additional powers—Construction and
operation of boat harbors, marinas, docks, etc. See RCW
35.23.455.
35.27.385
35.27.390 Employees’ group insurance.
35.23.460.
35.27.390
See RCW
35.27.400 Fire limits—Parks. Towns are hereby given
the power to establish fire limits with proper regulations; to
acquire by purchase or otherwise, lands for public parks
within or without the limits of the town, and to improve the
same. [1965 c 7 § 35.27.400. Prior: 1961 c 58 § 1; 1899 c
103 § 1; RRS § 9176.]
35.27.400
[Title 35 RCW—page 137]
35.27.410
Title 35 RCW: Cities and Towns
35.27.410 Nuisances. Every act or thing done or being
within the limits of a town, which is declared by law or by
ordinance to be a nuisance shall be a nuisance and shall be so
considered in all actions and proceedings. All remedies given
by law for the prevention and abatement of nuisances shall
apply thereto. [1965 c 7 § 35.27.410. Prior: 1890 p 205 §
160; RRS § 9181.]
35.27.410
Nuisances: Chapter 9.66 RCW.
35.27.500 Taxation—Street poll tax. A town may
impose upon and collect from every inhabitant of the town
over eighteen years of age an annual street poll tax not
exceeding two dollars and no other road poll tax shall be collected within the limits of the town. [1973 1st ex.s. c 154 §
52; 1971 ex.s. c 292 § 62; 1965 c 7 § 35.27.500. Prior: 1905
c 75 § 1, part; RRS § 9210, part.]
35.27.550
35.27.550 Off-street parking space and facilities—
Authorized—Declared public use. Towns are authorized to
provide off-street parking space and facilities for motor vehicles, and the use of real property for such purpose is declared
to be a public use. [1994 c 81 § 54; 1965 c 7 § 35.27.550.
Prior: 1961 c 33 § 1.]
Off-street parking facilities, cities of the first, second, and third classes:
Chapter 35.86 RCW.
35.27.500
Additional notes found at www.leg.wa.gov
35.27.510 Utilities—Transfer of part of net earnings
to current expense fund. When any special fund of a public
utility department of a town has retired all bond and warrant
indebtedness and is on a cash basis, if a reserve or depreciation fund has been created in an amount satisfactory to the
state auditor and if the fixing of the rates of the utility is governed by contract with the supplier of water, electrical
energy, or other commodity sold by the town to its inhabitants, and the rates are at the lowest possible figure, the town
council may set aside such portion of the net earnings of the
utility as it may deem advisable and transfer it to the town’s
current expense fund: PROVIDED, That no amount in
excess of fifty percent of the net earnings shall be so set aside
and transferred except with the unanimous approval of the
council and mayor. [1995 c 301 § 38; 1965 c 7 § 35.27.510.
Prior: 1939 c 96 § 1; 1929 c 98 § 1; RRS § 9185-1.]
35.27.510
35.27.515 Criminal code repeals by town operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A town operating a
municipal court may not repeal in its entirety that portion of
its municipal code defining crimes or repeal a provision of its
municipal code which defines a crime equivalent to an
offense listed in RCW 46.63.020 unless the municipality has
reached an agreement with the appropriate county under
chapter 39.34 RCW under which the county is to be paid a
reasonable amount for costs associated with prosecution,
adjudication, and sentencing in criminal cases filed in district
court as a result of the repeal. The agreement shall include
provisions for periodic review and renewal of the terms of the
agreement. If the municipality and the county are unable to
agree on the terms for renewal of the agreement, they shall be
deemed to have entered into an agreement to submit the issue
to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement
shall remain in effect. The municipality and the county have
the same rights and are subject to the same duties as other
parties who have agreed to submit to arbitration under chapter 7.04A RCW. [2005 c 433 § 40; 1984 c 258 § 207.]
35.27.515
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 138]
35.27.560
35.27.560 Off-street parking space and facilities—
Financing. In order to provide for off-street parking space
and/or facilities, such towns are authorized, in addition to
their powers for financing public improvements, to finance
their acquisition through the issuance and sale of revenue
bonds and general obligation bonds. Any bonds issued by
such towns pursuant to this section shall be issued in the manner and within the limitations prescribed by the Constitution
and the laws of this state. In addition local improvement districts may be created and their financing procedures used for
this purpose in accordance with the provisions of Title 35
RCW, as now or hereafter amended. Such towns may finance
from their general budget, costs of land acquisition, planning,
engineering, location, design and construction to the offstreet parking. [1965 c 7 § 35.27.560. Prior: 1961 c 33 § 2.]
35.27.570
35.27.570 Off-street parking space and facilities—
Acquisition and disposition of real property. Such towns
are authorized to obtain by lease, purchase, donation and/or
gift, or by eminent domain in the manner provided by law for
the exercise of this power by cities, such real property for offstreet parking as the legislative bodies thereof determine to
be necessary by ordinance. Such property may be sold, transferred, exchanged, leased, or otherwise disposed of by the
town when its legislative body has determined by ordinance
such property is no longer necessary for off-street parking
purposes. [1965 c 7 § 35.27.570. Prior: 1961 c 33 § 3.]
Eminent domain: Chapter 8.12 RCW.
35.27.580
35.27.580 Off-street parking space and facilities—
Operation—Lease. Such towns are authorized to establish
the methods of operation of off-street parking space and/or
facilities by ordinance, which may include leasing or municipal operation. [1965 c 7 § 35.27.580. Prior: 1961 c 33 § 4.]
35.27.590
35.27.590 Off-street parking space and facilities—
Hearing prior to establishment. Before the establishment
of any off-street parking space and/or facilities, the town
shall hold a public hearing thereon, prior to the adoption of
any ordinance relating to the leasing or acquisition of property, and for the financing thereof for this purpose. [1965 c 7
§ 35.27.590. Prior: 1961 c 33 § 5.]
35.27.600
35.27.600 Off-street parking space and facilities—
Construction. Insofar as the provisions of RCW 35.27.550
through 35.27.600 are inconsistent with the provisions of any
other law, the provisions of RCW 35.27.550 through
35.27.600 shall be controlling. [1965 c 7 § 35.27.600. Prior:
1961 c 33 § 7.]
(2010 Ed.)
Unclassified Cities
35.27.610 Purchase of electric power and energy
from joint operating agency. A town may contract to purchase from a joint operating agency electric power and
energy required for its present or future requirements. For
projects the output of which is limited to qualified alternative
energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to
produce electricity in addition to the actual output of the
projects. The contract may provide that the town must make
the payments required by the contract whether or not a
project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction,
or curtailment of the output of a project or the power and
energy contracted for. The contract may also provide that
payments under the contract are not subject to reduction,
whether by offset or otherwise, and shall not be conditioned
upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the
contract or other instrument. [2003 c 138 § 6.]
35.27.610
Chapter 35.30
Chapter 35.30 RCW
UNCLASSIFIED CITIES
35.30.020
(6) To impose fines, penalties and forfeitures for any and
all violations of ordinances; and for any breach or violation of
any ordinance, to fix the penalty by fine or imprisonment or
both, but no such fine shall exceed five thousand dollars nor
the term of imprisonment exceed one year.
(7) To cause all persons imprisoned for violation of any
ordinance to labor on the streets or other public property or
works within the city.
(8) To make all such ordinances, bylaws and regulations,
not inconsistent with the Constitution and laws of the state of
Washington, as may be deemed expedient to maintain the
peace, good government and welfare of the city, and to do
and perform any and all other acts and things necessary and
proper to carry out the purposes of the municipal corporation.
[1984 c 258 § 806; 1965 c 7 § 35.30.010. Prior: 1899 c 69 §
1; RRS § 8944.]
Additional notes found at www.leg.wa.gov
35.30.011 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility. See chapter 80.58 RCW.
35.30.011
35.30.014 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.30.014
Sections
35.30.010
35.30.011
35.30.014
35.30.018
35.30.020
35.30.030
35.30.040
35.30.050
35.30.060
35.30.070
35.30.080
35.30.100
Additional powers.
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility districts.
Publication of ordinances or summary—Public notice of hearings and meeting agendas.
Sewer systems—Sewer fund.
Assessment, levy and collection of taxes.
Limitation of indebtedness.
Additional indebtedness with popular vote.
Additional indebtedness for municipal utilities.
Adoption of powers granted to code cities—Resolution
required.
Alternative election procedures—Resolution required.
Criminal code repeal by city operating municipal court—
Agreement covering costs of handling resulting criminal
cases—Arbitration.
35.30.010 Additional powers. The council, or other
legislative body, of all cities within the state of Washington
which were created by special charter prior to the adoption of
the state Constitution, and which have not since reincorporated under any general statute, shall have, in addition to the
powers specially granted by the charter of such cities, the following powers:
(1) To construct, establish and maintain drains and sewers.
(2) To impose and collect an annual license not exceeding two dollars on every dog owned or harbored within the
limits of the city.
(3) To levy and collect annually a property tax on all
property within such city.
(4) To license all shows, exhibitions and lawful games
carried on therein; and to fix the rates of license tax upon the
same, and to provide for the collection of the same by suit or
otherwise.
(5) To permit, under such restrictions as they may deem
proper, the construction and maintenance of telephone, telegraph and electric light lines therein.
35.30.010
(2010 Ed.)
35.30.018 Publication of ordinances or summary—
Public notice of hearings and meeting agendas. Promptly
after adoption, the text of each ordinance or a summary of the
content of each ordinance shall be published at least once in
the official newspaper of the city.
For purposes of this section, a summary shall mean a
brief description which succinctly describes the main points
of the ordinance. Publication of the title of an ordinance
authorizing the issuance of bonds, notes, or other evidences
of indebtedness shall constitute publication of a summary of
that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request.
An inadvertent mistake or omission in publishing the
text or a summary of the content of an ordinance shall not
render the ordinance invalid.
In addition to the requirement that a city publish the text
or a summary of the content of each adopted ordinance, every
city shall establish a procedure for notifying the public of
upcoming hearings and the preliminary agenda for the forthcoming council meeting. Such procedure may include, but
not be limited to, written notification to the city’s official
newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other
processes as the city determines will satisfy the intent of this
requirement. [1994 c 273 § 13; 1988 c 168 § 6; 1985 c 469 §
101.]
35.30.018
35.30.020 Sewer systems—Sewer fund. The city
council of all unclassified cities in this state are authorized to
construct a sewer or system of sewers and to keep the same in
repair; the cost of such sewer or sewers shall be paid from a
special fund to be known as the "sewer fund" to be provided
35.30.020
[Title 35 RCW—page 139]
35.30.030
Title 35 RCW: Cities and Towns
by the city council, which fund shall be created by a tax on all
the property within the limits of such city: PROVIDED, That
such tax shall not exceed one dollar and twenty-five cents per
thousand dollars of the assessed value of all real and personal
property within such city for any one year. Whenever it shall
become necessary for the city to take or damage private property for the purpose of making or repairing sewers, and the
city council cannot agree with the owner as to the price to be
paid, the city council may direct proceedings to be taken by
law for the condemnation of such property for such purpose.
[1973 1st ex.s. c 195 § 18; 1965 c 7 § 35.30.020. Prior: 1899
c 69 § 2; RRS § 8945.]
Additional notes found at www.leg.wa.gov
35.30.030 Assessment, levy and collection of taxes.
The city council shall have power to provide by ordinance a
complete system for the assessment, levy, and collection of
all city taxes. All taxes assessed together with any percentage
imposed for delinquency and the cost of collection, shall constitute liens on the property assessed from and after the first
day of November each year; which liens may be enforced by
a summary sale of such property, and the execution and
delivery of all necessary certificates and deeds therefor,
under such regulations as may be prescribed by ordinance or
by action in any court of competent jurisdiction to foreclose
such liens: PROVIDED, That any property sold for taxes
shall be subject to redemption within the time and within the
manner provided or that may hereafter be provided by law for
the redemption of property sold for state and county taxes.
[1965 c 7 § 35.30.030. Prior: 1899 c 69 § 3; RRS § 8946.]
Elections: Title 29A RCW.
35.30.060
35.30.060 Additional indebtedness for municipal
utilities. In addition to the powers granted in RCW
35.30.040 and 35.30.050, any such city, through its council
may borrow money or contract indebtedness not exceeding in
amount the amount of indebtedness authorized by chapter
39.36 RCW, as now or hereafter amended, for the purpose of
supplying the city with water, artificial light, or sewers, when
the plants used therefor are owned and controlled by the city,
whenever three-fifths of the voters assent thereto at an election to be held for that purpose, according to the provisions of
RCW 35.30.050. [1965 c 7 § 35.30.060. Prior: 1890 p 225 §
3; RRS § 9534.]
35.30.030
35.30.040 Limitation of indebtedness. Whenever it is
deemed advisable to do so by the city council thereof, any
city having a corporate existence in this state at the time of
the adoption of the Constitution thereof is hereby authorized
and empowered to borrow money and to contract indebtedness in any other manner for general municipal purposes, not
exceeding in amount, together with the existing general
indebtedness of the city, the amount of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to
be incurred without the assent of the voters. [1965 c 7 §
35.30.040. Prior: 1890 p 225 § 1; RRS § 9532.]
35.30.040
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
Additional notes found at www.leg.wa.gov
35.30.050 Additional indebtedness with popular
vote. Any such city may borrow money or contract indebtedness for strictly municipal purposes over the amount specified in RCW 35.30.040, but not exceeding in amount,
together with existing general indebtedness, the amount of
indebtedness authorized by chapter 39.36 RCW as now or
hereafter amended, to be incurred with the assent of the voters, through the council of the city, whenever three-fifths of
the voters assent thereto, at an election to be held for that purpose, at such time, upon such reasonable notice, and in the
manner presented by the city council, not inconsistent with
the general election laws. [1965 c 7 § 35.30.050. Prior: 1890
p 225 § 2; RRS § 9533.]
35.30.050
[Title 35 RCW—page 140]
35.30.070
35.30.070 Adoption of powers granted to code cities—Resolution required. If the legislative body of an
unclassified city determines that it would serve the best interests and general welfare of such municipality, the body may
by resolution adopt any powers granted to cities classified
under Title 35A RCW including, but not limited to, the power
to define the functions, powers, and duties of its officers and
employees. [2003 c 42 § 1.]
35.30.080
35.30.080 Alternative election procedures—Resolution required. (1) When a majority of the legislative body of
an unclassified city determines that it would serve the best
interests and general welfare of such municipality to change
the election procedures of such city to the procedures specified in this section, such legislative body may, by resolution,
declare its intention to adopt such procedures for the city.
Such resolution must be adopted at least one hundred eighty
days before the general municipal election at which the new
election procedures are implemented. Within ten days after
the passage of the resolution, the legislative body shall cause
it to be published at least once in a newspaper of general circulation within the city.
(2) All general municipal elections in an unclassified city
adopting a resolution under subsection (1) of this section
shall be held biennially in the odd-numbered years as provided in *RCW 29.13.020 and shall be held in accordance
with the general election laws of the state.
The term of the treasurer shall not commence in the same
biennium in which the term of the mayor commences. Candidates for the city council shall run for specific council positions. The staggering of terms of city officers shall be established at the first election, where the simple majority of the
persons elected as councilmembers receiving the greatest
numbers of votes shall be elected to four-year terms of office
and the remainder of the persons elected as councilmembers
and the treasurer shall be elected to two-year terms of office.
Thereafter, all elected city officers shall be elected for fouryear terms and until their successors are elected and qualified
and assume office in accordance with **RCW 29.04.170.
[2003 c 42 § 2.]
Reviser’s note: *(1) RCW 29.13.020 was recodified as RCW
29A.04.330 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) RCW 29.04.170 was recodified as RCW 29A.20.040 pursuant to
2003 c 111 § 2401, effective July 1, 2004.
(2010 Ed.)
Accident Claims and Funds
35.30.100 Criminal code repeal by city operating
municipal court—Agreement covering costs of handling
resulting criminal cases—Arbitration. A city operating a
municipal court may not repeal in its entirety that portion of
its municipal code defining crimes unless the municipality
has reached an agreement with the appropriate county under
chapter 39.34 RCW under which the county is to be paid a
reasonable amount for costs associated with prosecution,
adjudication, and sentencing in criminal cases filed in district
court as a result of the repeal. The agreement shall include
provisions for periodic review and renewal of the terms of the
agreement. If the municipality and the county are unable to
agree on the terms for renewal of the agreement, they shall be
deemed to have entered into an agreement to submit the issue
to arbitration under chapter 7.04A RCW. Pending conclusion of the arbitration proceeding, the terms of the agreement
shall remain in effect. The municipality and the county have
the same rights and are subject to the same duties as other
parties who have agreed to submit to arbitration under chapter 7.04A RCW. [2005 c 433 § 41; 1984 c 258 § 208.]
35.30.100
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Additional notes found at www.leg.wa.gov
Chapter 35.31
Chapter 35.31 RCW
ACCIDENT CLAIMS AND FUNDS
Sections
35.31.020
35.31.040
35.31.050
35.31.060
35.31.070
Charter cities—Manner of filing.
Noncharter cities and towns—Manner of filing—Report.
Accident fund—Warrants for judgments.
Tax levy for fund.
Surplus to current expense fund.
Actions against
public corporations: RCW 4.08.120.
state: Chapter 4.92 RCW.
Claims, reports, etc., filing: RCW 1.12.070.
Tortious conduct of political subdivision, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
35.31.020 Charter cities—Manner of filing. The provisions of chapter 35.31 RCW shall be applied notwithstanding any provisions to the contrary in any charter of any city
permitted by law to have a charter; however, charter provisions not inconsistent herewith shall continue to apply. All
claims for damages against a charter city shall be filed in the
manner set forth in chapter 4.96 RCW. [1993 c 449 § 7; 1967
c 164 § 12; 1965 c 7 § 35.31.020. Prior: 1957 c 224 § 3; 1917
c 96 § 1; 1915 c 148 § 1; 1909 c 83 § 2; RRS § 9479.]
35.31.020
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
other property to pay or satisfy the same or any part thereof,
until the claim has first been referred to the proper department or committee, nor until such department or committee
has made its report to the council thereon pursuant to such
reference. [1993 c 449 § 8; 1989 c 74 § 1; 1967 c 164 § 13;
1965 c 7 § 35.31.040. Prior: 1957 c 224 § 4; 1915 c 148 § 2;
1909 c 167 § 1; RRS § 9481.]
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Actions against political subdivisions, municipal corporations, and quasi
municipal corporations: Chapter 4.96 RCW.
Limitation of actions: Chapter 4.16 RCW.
35.31.050 Accident fund—Warrants for judgments.
Every city of the second class and town may create an accident fund upon which the clerk shall draw warrants for the
full amount of any judgment including interest and costs
against the city or town on account of personal injuries suffered by any person as shown by a transcript of the judgment
duly certified to the clerk. The warrants shall be issued in
denominations not less than one hundred dollars nor more
than five hundred dollars; they shall draw interest at the rate
of six percent per annum, shall be numbered consecutively
and be paid in the order of their issue. [1994 c 81 § 55; 1965
c 7 § 35.31.050. Prior: (i) 1909 c 128 § 1; RRS § 9482. (ii)
1909 c 128 § 2; RRS § 9483. (iii) 1909 c 128 § 5; RRS §
9486.]
35.31.050
35.31.060 Tax levy for fund. The city or town council
after the drawing of warrants against the accident fund shall
estimate the amount necessary to pay the warrants with
accrued interest thereon, and shall levy a tax sufficient to pay
that amount not exceeding seventy-five cents per thousand
dollars of assessed value. If a single levy of seventy-five
cents per thousand dollars of assessed value is not sufficient,
an annual levy of seventy-five cents per thousand dollars of
assessed value shall be made until the warrants and interest
are fully paid. [1973 1st ex.s. c 195 § 19; 1965 c 7 §
35.31.060. Prior: 1909 c 128 § 3; RRS § 9484.]
35.31.060
Additional notes found at www.leg.wa.gov
35.31.070 Surplus to current expense fund. If there is
no judgment outstanding against the city or town for personal
injuries the money remaining in the accident fund after the
payment of the warrants drawn on that fund and interest in
full shall be transferred to the current expense fund. [1965 c
7 § 35.31.070. Prior: 1909 c 128 § 4; RRS § 9485.]
35.31.070
Chapter 35.32A
Tortious conduct of political subdivisions and municipal corporations, liability for damages: Chapter 4.96 RCW.
35.31.040 Noncharter cities and towns—Manner of
filing—Report. All claims for damages against noncharter
cities and towns shall be filed in the manner set forth in chapter 4.96 RCW.
No ordinance or resolution shall be passed allowing such
claim or any part thereof, or appropriating any money or
35.31.040
(2010 Ed.)
Chapter 35.32A
Chapter 35.32A RCW
BUDGETS IN CITIES OVER
THREE HUNDRED THOUSAND
Sections
35.32A.010 Budget to be enacted—Exempted functions or programs.
35.32A.020 Budget director.
35.32A.030 Estimates of revenues and expenditures—Preparation of proposed budget—Submission to city council—Copies—Publication.
35.32A.040 Consideration by city council—Hearings—Revision by council.
[Title 35 RCW—page 141]
35.32A.010
Title 35 RCW: Cities and Towns
35.32A.050 Adoption of budget—Expenditure allowances constitute
appropriations—Reappropriations—Transfers of allowances.
35.32A.060 Emergency fund.
35.32A.070 Utilities—Exemption from budgetary control.
35.32A.080 Unexpended appropriations—Annual—Operating and maintenance—Capital and betterment outlays.
35.32A.090 Budget mandatory—Other expenditures void—Liability of
public officials—Penalty.
35.32A.900 Short title.
35.32A.910 Severability—1967 c 7.
Budgets
expenditures for streets: RCW 35.76.060.
leases with or without option to purchase, budget to provide for payment
of rentals: RCW 35.42.220.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
35.32A.010 Budget to be enacted—Exempted functions or programs. In each city of over three hundred thousand population, there shall be enacted annually by the legislative authority a budget covering all functions or programs
of such city except in those cities in which an ordinance has
been adopted under RCW 35.34.040 providing for a biennial
budget, in which case this chapter does not apply. In addition,
this chapter shall not apply to any municipal transportation
system managed by a separate commission, the making of
expenditures from proceeds of general obligation and revenue bond sales, or the expenditure of moneys derived from
grants, gifts, bequests or devises for specified purposes.
[1985 c 175 § 3; 1967 c 7 § 3.]
35.32A.010
35.32A.020 Budget director. There shall be a budget
director, appointed by the mayor without regard to civil service rules and regulations and subject to confirmation by a
majority of the members of the city council, who shall be in
charge of the city budget office and, under the direction of the
mayor, shall be responsible for preparing the budget and
supervising its execution. The budget director may be
removed by the mayor upon filing with the city council a
statement of his or her reasons therefor. [2009 c 549 § 2065;
1967 c 7 § 4.]
35.32A.020
35.32A.030 Estimates of revenues and expenditures—Preparation of proposed budget—Submission to
city council—Copies—Publication. The heads of all
departments, divisions or agencies of the city government,
including the library department, and departments headed by
commissions or elected officials shall submit to the mayor
estimates of revenues and necessary expenditures for the
ensuing fiscal year in such detail, in such form and at such
time as the mayor shall prescribe.
The budget director shall assemble all estimates of revenues; necessary departmental expenditures; interest and
redemption requirements for any city debt; and other pertinent budgetary information as may be required by uniform
regulations of the state auditor; and, under the direction of the
mayor, prepare a proposed budget for presentation to the city
council.
The revenue estimates shall be based primarily on the
collection experience of the first six months of the current fiscal year and the last six months of the preceding fiscal year
and shall not include revenue from any source in excess of
35.32A.030
[Title 35 RCW—page 142]
the amount so collected unless it shall be reasonably anticipated that such excess amounts will in fact be realized. The
estimated revenues shall include sources previously established by law and unencumbered fund balances estimated to
be available at the close of the current fiscal year. The estimated expenditures in the proposed budget shall, in no event,
exceed such estimated revenues: PROVIDED, That the
mayor may recommend expenditures exceeding the estimated revenues when accompanied by proposed legislation
to raise at least an equivalent amount of additional revenue.
The mayor shall submit the proposed budget to the city
council not later than ninety days prior to the beginning of the
ensuing fiscal year.
The budget director shall cause sufficient copies of the
proposed budget to be prepared and made available to all
interested persons and shall cause a summary of the proposed
budget to be published at least once in the city official newspaper. [1985 c 175 § 62; 1967 c 7 § 5.]
35.32A.040 Consideration by city council—Hearings—Revision by council. The city council shall forthwith
consider the proposed budget submitted by the mayor and
shall cause such public hearings to be scheduled on two or
more days to allow all interested persons to be heard. Such
hearings shall be announced by public notice published in the
city official newspaper as well as provided to general news
media.
The city council may insert new expenditure allowances,
increase or decrease expenditure allowances recommended
by the mayor, or revise estimates of revenues subject to the
same restrictions as are herein imposed on the mayor; but
may not adopt a budget in which the total expenditure allowances exceed the total estimated revenues as defined in RCW
35.32A.030 for the ensuing fiscal year. [1985 c 175 § 63;
1967 c 7 § 6.]
35.32A.040
35.32A.050 Adoption of budget—Expenditure allowances constitute appropriations—Reappropriations—
Transfers of allowances. Not later than thirty days prior to
the beginning of the ensuing fiscal year the city council shall,
by ordinance adopt the budget submitted by the mayor as
modified by the city council.
The expenditure allowances as set forth in the enacted
budget shall constitute the budget appropriations for the
ensuing fiscal year. The city council by ordinance may, during the fiscal year covered by the enacted budget, abrogate or
decrease any unexpended allowance contained within the
budget and reappropriate such unexpended allowances for
other functions or programs. Transfers between allowances
in the budget of any department, division or agency may be
made upon approval by the budget director pursuant to such
regulations as may be prescribed by ordinance. [1967 c 7 §
7.]
35.32A.050
35.32A.060 Emergency fund. Every city having a population of over three hundred thousand may maintain an
emergency fund, which fund balance shall not exceed thirtyseven and one-half cents per thousand dollars of assessed
value. Such fund shall be maintained by an annual budget
allowance. When the necessity therefor arises transfers may
35.32A.060
(2010 Ed.)
Budgets in Second and Third-Class Cities, Towns, and First-Class Cities Under 300,000 Chapter 35.33
be made to the emergency fund from any tax-supported fund
except bond interest and redemption funds.
The city council by an ordinance approved by two-thirds
of all of its members may authorize the expenditure of sufficient money from the emergency fund, or other designated
funds, to meet the expenses or obligations:
(1) Caused by fire, flood, explosion, storm, earthquake,
epidemic, riot, insurrection, act of God, act of the public
enemy or any other such happening that could not have been
anticipated; or
(2) For the immediate preservation of order or public
health or for the restoration to a condition of usefulness of
public property the usefulness of which has been destroyed
by accident; or
(3) In settlement of approved claims for personal injuries
or property damages, exclusive of claims arising from the
operation of a public utility owned by the city; or
(4) To meet mandatory expenditures required by laws
enacted since the last budget was adopted.
The city council by an ordinance approved by threefourths of all its members may appropriate from the emergency fund, or other designated funds, an amount sufficient
to meet the actual necessary expenditures of the city for
which insufficient or no appropriations have been made due
to causes which could not reasonably have been foreseen at
the time of the making of the budget.
An ordinance authorizing an emergency expenditure
shall become effective immediately upon being approved by
the mayor or upon being passed over his or her veto as provided by the city charter. [2009 c 549 § 2066; 1985 c 175 §
64; 1973 1st ex.s. c 195 § 20; 1967 c 7 § 8.]
Additional notes found at www.leg.wa.gov
35.32A.070 Utilities—Exemption from budgetary
control. Notwithstanding the provisions of this chapter, the
public utilities owned by a city having a population of over
three hundred thousand supported wholly by revenues
derived from sources other than taxation, may make expenditures for utility purposes not contemplated in the annual budget, as the legislative authority by ordinance shall allow.
[1967 c 7 § 9.]
35.32A.070
35.32A.080 Unexpended appropriations—Annual—
Operating and maintenance—Capital and betterment
outlays. The whole or any part of any appropriation provided in the budget for operating and maintenance expenses
of any department or activity remaining unexpended or unencumbered at the close of the fiscal year shall automatically
lapse, except any such appropriation as the city council shall
continue by ordinance. The whole or any part of any appropriation provided in the budget for capital or betterment outlays of any department or activity remaining unexpended or
unencumbered at the close of the fiscal year shall remain in
full force and effect and shall be held available for the following year, except any such appropriation as the city council by
ordinance may have abandoned. [1967 c 7 § 10.]
35.32A.080
35.32A.090 Budget mandatory—Other expenditures
void—Liability of public officials—Penalty. (1) There
shall be no orders, authorizations, allowances, contracts or
35.32A.090
(2010 Ed.)
payments made or attempted to be made in excess of the
expenditure allowances authorized in the final budget as
adopted or modified as provided in this chapter, and any such
attempted excess expenditure shall be void and shall never be
the foundation of a claim against the city.
(2) Any public official authorizing, auditing, allowing,
or paying any claims or demands against the city in violation
of the provisions of this chapter shall be jointly and severally
liable to the city in person and upon their official bonds to the
extent of any payments upon such claims or demands.
(3) Any person violating any of the provisions of this
chapter, in addition to any other liability or penalty provided
therefor, is guilty of a misdemeanor. [2003 c 53 § 198; 1967
c 7 § 11.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
35.32A.900 Short title. This chapter shall be known
and may be cited as the budget act for cities over three hundred thousand population. [1967 c 7 § 2.]
35.32A.900
35.32A.910 Severability—1967 c 7. If any provision of
this act, or its application to any person or circumstance, is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances, is not affected.
[1967 c 7 § 12.]
35.32A.910
Chapter 35.33 RCW
BUDGETS IN SECOND AND THIRD-CLASS CITIES,
TOWNS, AND FIRST-CLASS CITIES UNDER
THREE HUNDRED THOUSAND
Chapter 35.33
Sections
35.33.011
35.33.020
35.33.031
35.33.041
35.33.051
35.33.055
35.33.057
35.33.061
35.33.071
35.33.075
35.33.081
35.33.091
35.33.101
35.33.106
35.33.107
35.33.111
35.33.121
35.33.123
35.33.125
35.33.131
35.33.135
35.33.141
35.33.145
35.33.147
35.33.151
35.33.170
Definitions.
Applicability of chapter.
Budget estimates.
Budget estimates—Classification and segregation.
Budget—Preliminary.
Budget—Preliminary—Filing—Copies.
Budget message—Hearings.
Budget—Notice of hearing on final.
Budget—Final—Hearing.
Budget—Final—Adoption—Appropriations.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency warrants.
Registered warrants—Payment.
Adjustment of wages, hours, and conditions of employment.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers.
Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized.
Liabilities incurred in excess of budget.
Funds received from sale of bonds and warrants—Expenditure
program.
Revenue estimates—Amount to be raised by ad valorem taxes.
Report of expenditures and liabilities against budget appropriations.
Contingency fund—Creation—Purpose—Support—Lapse.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
Budgets
expenditures for streets: RCW 35.76.060.
leases with or without option to purchase, budget to provide for payment
of rentals: RCW 35.42.220.
Limitations upon indebtedness: State Constitution Art. 8 § 6 (Amendment
27), Art. 7 § 2 (Amendments 55, 59), chapter 39.36 RCW, RCW
84.52.050.
[Title 35 RCW—page 143]
35.33.011
Title 35 RCW: Cities and Towns
35.33.011 Definitions. Unless the context clearly indicates otherwise, the following words as used in this chapter
shall have the meaning herein prescribed:
(1) "Chief administrative officer" as used in this chapter
includes the mayor of cities or towns having a mayor-council
form of government, the commissioners in cities or towns
having a commission form of government, the city manager,
or any other city or town official designated by the charter or
ordinances of such city or town under the plan of government
governing the same, or the budget or finance officer designated by the mayor, manager or commissioners, to perform
the functions, or portions thereof, contemplated by this chapter.
(2) "Clerk" as used in this chapter includes the officer
performing the functions of a finance or budget director,
comptroller, auditor, or by whatever title he or she may be
known in any city or town.
(3) "Department" as used in this chapter includes each
office, division, service, system or institution of the city or
town for which no other statutory or charter provision is
made for budgeting and accounting procedures or controls.
(4) "Fiscal year" as used in this chapter means that fiscal
period set by the city or town pursuant to authority given
under RCW 1.16.030.
(5) "Fund", as used in this chapter and "funds" where
clearly used to indicate the plural of "fund", shall mean the
budgeting or accounting entity authorized to provide a sum of
money for specified activities or purposes.
(6) "Funds" as used in this chapter where not used to
indicate the plural of "fund" shall mean money in hand or
available for expenditure or payment of a debt or obligation.
(7) "Legislative body" as used in this chapter includes
council, commission or any other group of officials serving
as the legislative body of a city or town.
(8) Except as otherwise defined herein, municipal
accounting terms used in this chapter shall have the meaning
prescribed by the state auditor pursuant to RCW 43.09.200.
[2009 c 549 § 2067; 1981 c 40 § 1; 1969 ex.s. c 95 § 1.]
35.33.011
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
35.33.020 Applicability of chapter. The provisions of
this chapter apply to all cities of the first class that have a
population of less than three hundred thousand, to all cities of
the second class, and to all towns, except those cities and
towns that have adopted an ordinance under RCW 35.34.040
providing for a biennial budget. [1997 c 361 § 14; 1985 c 175
§ 4; 1969 ex.s. c 95 § 2; 1965 c 7 § 35.33.020. Prior: 1923 c
158 § 8; RRS § 9000-8.]
35.33.020
35.33.031 Budget estimates. On or before the second
Monday of the fourth month prior to the beginning of the
city’s or town’s next fiscal year, or at such other time as the
city or town may provide by ordinance or charter, the clerk
shall notify in writing the head of each department of a city or
town to file with the clerk within fourteen days of the receipt
of such notification, detailed estimates of the probable revenue from sources other than ad valorem taxation and of all
expenditures required by his or her department for the ensuing fiscal year. The notice shall be accompanied by the
proper forms provided by the clerk, prepared in accordance
35.33.031
[Title 35 RCW—page 144]
with the requirements and classification established by the
state auditor. The clerk shall prepare the estimates for interest
and debt redemption requirements and all other estimates, the
preparation of which falls properly within the duties of his or
her office. The chief administrative officers of the city or
town shall submit to the clerk detailed estimates of all expenditures proposed to be financed from the proceeds of bonds or
warrants not yet authorized, together with a statement of the
proposed method of financing them. In the absence or disability of the official or person regularly in charge of a
department, the duties herein required shall devolve upon the
person next in charge of such department. [1995 c 301 § 39;
1969 ex.s. c 95 § 3.]
35.33.041 Budget estimates—Classification and segregation. All estimates of receipts and expenditures for the
ensuing year shall be fully detailed in the annual budget and
shall be classified and segregated according to a standard
classification of accounts to be adopted and prescribed by the
state auditor after consultation with the Washington finance
officers association, the association of Washington cities and
the association of Washington city managers. [1995 c 301 §
40; 1969 ex.s. c 95 § 4.]
35.33.041
35.33.051 Budget—Preliminary. On or before the first
business day in the third month prior to the beginning of the
fiscal year of a city or town or at such other time as the city or
town may provide by ordinance or charter, the clerk or other
person designated by the charter, by ordinances, or by the
chief administrative officer of the city or town shall submit to
the chief administrative officer a proposed preliminary budget which shall set forth the complete financial program of
the city or town for the ensuing fiscal year, showing the
expenditure program requested by each department and the
sources of revenue by which each such program is proposed
to be financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last completed fiscal year, the estimated receipts for the current fiscal
year and the estimated receipts for the ensuing fiscal year,
which shall include the amount to be raised from ad valorem
taxes and unencumbered fund balances estimated to be available at the close of the current fiscal year.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department operating within each fund the actual expenditures for the last completed fiscal year, the appropriations for the current fiscal
year and the estimated expenditures for the ensuing fiscal
year. The salary or salary range for each office, position or
job classification shall be set forth separately together with
the title or position designation thereof: PROVIDED, That
salaries may be set out in total amounts under each department if a detailed schedule of such salaries and positions be
attached to and made a part of the budget document. [1969
ex.s. c 95 § 5.]
35.33.051
35.33.055 Budget—Preliminary—Filing—Copies.
The chief administrative officer shall prepare the preliminary
budget in detail, making any revisions or additions to the
reports of the department heads deemed advisable by such
35.33.055
(2010 Ed.)
Budgets in Second and Third-Class Cities, Towns, and First-Class Cities Under 300,000
chief administrative officer and at least sixty days before the
beginning of the city’s or town’s next fiscal year he or she
shall file it with the clerk as the recommendation of the chief
administrative officer for the final budget. The clerk shall
provide a sufficient number of copies of such preliminary
budget and budget message to meet the reasonable demands
of taxpayers therefor and have them available for distribution
not later than six weeks before the beginning of the city’s or
town’s next fiscal year. [2009 c 549 § 2068; 1969 ex.s. c 95
§ 6.]
35.33.057 Budget message—Hearings. In every city
or town a budget message prepared by or under the direction
of the city’s or town’s chief administrative officer shall be
submitted as a part of the preliminary budget to the city’s or
town’s legislative body at least sixty days before the beginning of the city’s or town’s next fiscal year and shall contain
the following:
(1) An explanation of the budget document;
(2) An outline of the recommended financial policies and
programs of the city for the ensuing fiscal year;
(3) A statement of the relation of the recommended
appropriation to such policies and programs;
(4) A statement of the reason for salient changes from
the previous year in appropriation and revenue items;
(5) An explanation for any recommended major changes
in financial policy.
Prior to the final hearing on the budget, the legislative
body or a committee thereof, shall schedule hearings on the
budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1969 ex.s. c 95 § 7.]
35.33.057
35.33.061 Budget—Notice of hearing on final. Immediately following the filing of the preliminary budget with the
clerk, the clerk shall publish a notice once each week for two
consecutive weeks stating that the preliminary budget for the
ensuing fiscal year has been filed with the clerk; that a copy
thereof will be furnished to any taxpayer who will call at the
clerk’s office therefor and that the legislative body of the city
or town will meet on or before the first Monday of the month
next preceding the beginning of the ensuing fiscal year for the
purpose of fixing the final budget, designating the date, time
and place of the legislative budget meeting and that any taxpayer may appear thereat and be heard for or against any part
of the budget. The publication of the notice shall be made in
the official newspaper of the city or town. [1985 c 469 § 27;
1973 c 67 § 2; 1969 ex.s. c 95 § 8.]
35.33.061
35.33.101
beginning of the fiscal year, the legislative body shall make
such adjustments and changes as it deems necessary or
proper and after determining the allowance in each item,
department, classification and fund, and shall by ordinance,
adopt the budget in its final form and content. Appropriations
shall be limited to the total estimated revenues contained
therein including the amount to be raised by ad valorem taxes
and the unencumbered fund balances estimated to be available at the close of the current fiscal year. Such ordinances
may adopt the final budget by reference: PROVIDED, That
the ordinance adopting such budget shall set forth in summary form the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all
such funds combined.
A complete copy of the final budget as adopted shall be
transmitted to the association of Washington cities. [1995 c
301 § 41; 1969 ex.s. c 95 § 10.]
35.33.081 Emergency expenditures—Nondebatable
emergencies. Upon the happening of any emergency caused
by violence of nature, casualty, riot, insurrection, war, or
other unanticipated occurrence requiring the immediate preservation of order or public health, or for the restoration to a
condition of usefulness of any public property which has
been damaged or destroyed by accident, or for public relief
from calamity, or in settlement of approved claims for personal injuries or property damages, or to meet mandatory
expenditures required by laws enacted since the last annual
budget was adopted, or to cover expenses incident to preparing for or establishing a new form of government authorized
or assumed after adoption of the current budget, including
any expenses incident to selection of additional or new officials required thereby, or incident to employee recruitment at
any time, the city or town legislative body, upon the adoption
of an ordinance, by the vote of one more than the majority of
all members of the legislative body, stating the facts constituting the emergency and the estimated amount required to
meet it, may make the expenditures therefor without notice or
hearing. [1969 ex.s. c 95 § 11.]
35.33.081
35.33.071 Budget—Final—Hearing. The council
shall meet on the day fixed by RCW 35.33.061 for the purpose of fixing the final budget of the city or town at the time
and place designated in the notice thereof. Any taxpayer may
appear and be heard for or against any part of the budget. The
hearing may be continued from day to day but not later than
the twenty-fifth day prior to commencement of the city’s or
town’s fiscal year. [1969 ex.s. c 95 § 9.]
35.33.091 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not
reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the annual budget, and if it is not one of the emergencies specifically enumerated in RCW 35.33.081, the city
or town legislative body before allowing any expenditure
therefor shall adopt an ordinance stating the facts constituting
the emergency and the estimated amount required to meet it
and declaring that an emergency exists.
Such ordinance shall not be voted on until five days have
elapsed after its introduction, and for passage shall require
the vote of one more than the majority of all members of the
legislative body of the city or town.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
against the adoption thereof. [1969 ex.s. c 95 § 12.]
35.33.075 Budget—Final—Adoption—Appropriations. Following conclusion of the hearing, and prior to the
35.33.101 Emergency warrants. All expenditures for
emergency purposes as provided in this chapter shall be paid
35.33.071
35.33.075
(2010 Ed.)
35.33.091
35.33.101
[Title 35 RCW—page 145]
35.33.106
Title 35 RCW: Cities and Towns
by warrants from any available money in the fund properly
chargeable with such expenditures. If, at any time, there is
insufficient money on hand in a fund with which to pay such
warrants as presented, the warrants shall be registered, bear
interest and be called in the same manner as other registered
warrants as prescribed in RCW 35.33.111. [1969 ex.s. c 95 §
13.]
Warrants—Interest rate—Payment: RCW 35.21.320.
35.33.106 Registered warrants—Payment. In adopting the final budget for any fiscal year, the legislative body
shall appropriate from estimated revenue sources available, a
sufficient amount to pay the principal and interest on all outstanding registered warrants issued since the adoption of the
last preceding budget except those issued and identified as
revenue warrants and except those for which an appropriation
previously has been made: PROVIDED, That no portion of
the revenues which are restricted in use by law may be appropriated for the redemption of warrants issued against a utility
or other special purpose fund of a self-supporting nature:
PROVIDED FURTHER, That all or any portion of the city’s
or town’s outstanding registered warrants may be funded into
bonds in any manner authorized by law. [1969 ex.s. c 95 §
14.]
35.33.106
35.33.107 Adjustment of wages, hours, and conditions of employment. Notwithstanding the appropriations
for any salary, or salary range of any employee or employees
adopted in a final budget, the legislative body of any city or
town may, by ordinance, change the wages, hours, and conditions of employment of any or all of its appointive employees
if sufficient funds are available for appropriation to such purposes. [1969 ex.s. c 95 § 15.]
35.33.107
35.33.111 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install the
forms and classifications required by this chapter to define
what expenditures are chargeable to each budget class and to
establish the accounting and cost systems necessary to secure
accurate budget information. [1995 c 301 § 42; 1969 ex.s. c
95 § 16.]
35.33.111
35.33.121 Funds—Limitations on expenditures—
Transfers. The expenditures as classified and itemized in
the final budget shall constitute the city’s or town’s appropriations for the ensuing fiscal year. Unless otherwise ordered
by a court of competent jurisdiction, and subject to further
limitations imposed by ordinance of the city or town, the
expenditure of city or town funds or the incurring of current
liabilities on behalf of the city or town shall be limited to the
following:
(1) The total amount appropriated for each fund in the
budget for the current fiscal year, without regard to the individual items contained therein, except that this limitation
shall not apply to wage adjustments authorized by RCW
35.33.107; and
(2) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
years pursuant to RCW 35.33.151; and
35.33.121
[Title 35 RCW—page 146]
(3) Funds received from the sale of bonds or warrants
which have been duly authorized according to law; and
(4) Funds received in excess of estimated revenues during the current fiscal year, when authorized by an ordinance
amending the original budget; and
(5) Expenditures required for emergencies, as authorized
in RCW 35.33.081 and 35.33.091.
Transfers between individual appropriations within any
one fund may be made during the current fiscal year by order
of the city’s or town’s chief administrative officer subject to
such regulations, if any, as may be imposed by the city or
town legislative body. Notwithstanding the provisions of
RCW 43.09.210 or of any statute to the contrary, transfers, as
herein authorized, may be made within the same fund regardless of the various offices, departments or divisions of the
city or town which may be affected.
The city or town legislative body, upon a finding that it
is to the best interests of the city or town to decrease, revoke
or recall all or any portion of the total appropriations provided for any one fund, may, by ordinance, approved by the
vote of one more than the majority of all members thereof,
stating the facts and findings for doing so, decrease, revoke or
recall all or any portion of an unexpended fund balance, and
by said ordinance, or a subsequent ordinance adopted by a
like majority, the moneys thus released may be reappropriated for another purpose or purposes, without limitation to
department, division or fund, unless the use of such moneys
is otherwise restricted by law, charter, or ordinance. [1969
ex.s. c 95 § 17.]
35.33.123 Administration, oversight, or supervision
of utility—Reimbursement from utility budget authorized. Whenever any city or town apportions a percentage of
the city manager’s, administrator’s, or supervisor’s time, or
the time of other management or general government staff,
for administration, oversight, or supervision of a utility operated by the city or town, or to provide services to the utility,
the utility budget may identify such services and budget for
reimbursement of the city’s or town’s current expense fund
for the value of such services. [1991 c 152 § 1.]
35.33.123
35.33.125 Liabilities incurred in excess of budget.
Liabilities incurred by any officer or employee of the city or
town in excess of any budget appropriations shall not be a liability of the city or town. The clerk shall issue no warrant and
the city or town legislative body or other authorized person
shall approve no claim for an expenditure in excess of the
total amount appropriated for any individual fund, except
upon an order of a court of competent jurisdiction or for
emergencies as provided in this chapter. [1969 ex.s. c 95 §
18.]
35.33.125
35.33.131 Funds received from sale of bonds and
warrants—Expenditure program. Moneys received from
the sale of bonds or warrants shall be used for no other purpose than that for which they were issued and no expenditure
shall be made for that purpose until the bonds have been duly
authorized. If any unexpended fund balance remains from the
proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued it shall
35.33.131
(2010 Ed.)
Biennial Budgets
be used for the redemption of such bond or warrant indebtedness. Where a budget contains an expenditure program to be
financed from a bond issue to be authorized thereafter, no
such expenditure shall be made or incurred until after the
bonds have been duly authorized. [1969 ex.s. c 95 § 19.]
35.33.135
35.33.135 Revenue estimates—Amount to be raised
by ad valorem taxes. At a time fixed by the city’s or town’s
ordinance or city charter, not later than the first Monday in
October of each year, the chief administrative officer shall
provide the city’s or town’s legislative body with current
information on estimates of revenues from all sources as
adopted in the budget for the current year, together with estimates submitted by the clerk under RCW 35.33.051. The
city’s or town’s legislative body and the city’s or town’s
administrative officer or his or her designated representative
shall consider the city’s or town’s total anticipated financial
requirements for the ensuing fiscal year, and the legislative
body shall determine and fix by ordinance the amount to be
raised by ad valorem taxes. Upon adoption of the ordinance
fixing the amount of ad valorem taxes to be levied, the clerk
shall certify the same to the board of county commissioners
as required by RCW 84.52.020. [2009 c 549 § 2069; 1969
ex.s. c 95 § 20.]
35.33.141
35.33.141 Report of expenditures and liabilities
against budget appropriations. At such intervals as may be
required by city charter or city or town ordinance, however,
being not less than quarterly, the clerk shall submit to the
city’s or town’s legislative body and chief administrative
officer a report showing the expenditures and liabilities
against each separate budget appropriation incurred during
the preceding reporting period and like information for the
whole of the current fiscal year to the first day of the current
reporting period together with the unexpended balance of
each appropriation. The report shall also show the receipts
from all sources. [1969 ex.s. c 95 § 21.]
Chapter 35.34
35.33.147 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by a
resolution or ordinance of the legislative body of the city or
town, adopted by a majority vote of the entire legislative
body, clearly stating the facts constituting the reason for the
withdrawal or the emergency as the case may be, specifying
the fund to which the withdrawn money shall be transferred.
[1969 ex.s. c 95 § 23.]
35.33.147
35.33.151 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end of
each fiscal year: PROVIDED, That this shall not prevent
payments in the following year upon uncompleted programs
or improvements in progress or on orders subsequently filled
or claims subsequently billed for the purchase of material,
equipment and supplies or for personal or contractual services not completed or furnished by the end of the fiscal year,
all of which have been properly budgeted and contracted for
prior to the close of such fiscal year but furnished or completed in due course thereafter.
All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for any
municipal purpose or purposes, or a contingency fund as
authorized by RCW 35.33.145, shall not lapse, but shall be
carried forward from year to year until fully expended or the
purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal year
shall be kept open for twenty days after the close of such fiscal year for the purpose of paying and recording claims for
indebtedness incurred during such fiscal year; any claim presented after the twentieth day following the close of the fiscal
year shall be paid from appropriations lawfully provided for
the ensuing period, including those made available by provisions of this section, and shall be recorded in the accounts for
the ensuing fiscal year. [1969 ex.s. c 95 § 24.]
35.33.151
35.33.145
35.33.145 Contingency fund—Creation—Purpose—
Support—Lapse. Every city or town may create and maintain a contingency fund to provide moneys with which to
meet any municipal expense, the necessity or extent of which
could not have been foreseen or reasonably evaluated at the
time of adopting the annual budget, or from which to provide
moneys for those emergencies described in RCW 35.33.081
and 35.33.091. Such fund may be supported by a budget
appropriation from any tax or other revenue source not
restricted in use by law, or also may be supported by a transfer from other unexpended or decreased funds made available
by ordinance as set forth in RCW 35.33.121: PROVIDED,
That the total amount accumulated in such fund at any time
shall not exceed the equivalent of thirty-seven and one-half
cents per thousand dollars of assessed valuation of property
within the city or town at such time. Any moneys in the contingency fund at the end of the fiscal year shall not lapse
except upon reappropriation by the council to another fund in
the adoption of a subsequent budget. [1973 1st ex.s. c 195 §
21; 1969 ex.s. c 95 § 22.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
35.33.170 Violations and penalties. Upon the conviction of any city or town official, department head or other city
or town employee of knowingly failing, or refusing, without
just cause, to perform any duty imposed upon such officer or
employee by this chapter, or city charter or city or town ordinance, in connection with the giving of notice, the preparing
and filing of estimates of revenues or expenditures or other
information required for preparing a budget report in the time
and manner required, or of knowingly making expenditures
in excess of budget appropriations, he or she shall be guilty of
a misdemeanor and shall be fined not more than five hundred
dollars for each separate violation. [2009 c 549 § 2070; 1969
ex.s. c 95 § 25.]
35.33.170
Chapter 35.34
Chapter 35.34 RCW
BIENNIAL BUDGETS
Sections
35.34.010
35.34.020
35.34.030
Legislative intent.
Application of chapter.
Definitions.
[Title 35 RCW—page 147]
35.34.010
35.34.040
35.34.050
35.34.060
35.34.070
35.34.080
35.34.090
35.34.100
35.34.110
35.34.120
35.34.130
35.34.140
35.34.150
35.34.160
35.34.170
35.34.180
35.34.190
35.34.200
35.34.205
35.34.210
35.34.220
35.34.230
35.34.240
35.34.250
35.34.260
35.34.270
35.34.280
Title 35 RCW: Cities and Towns
Biennial budget authorized—Limitations.
Budget estimates—Submittal.
Budget estimates—Classification and segregation.
Proposed preliminary budget.
Preliminary budget.
Budget message—Hearings.
Budget—Notice of hearing.
Budget—Hearing.
Budget—Adoption.
Budget—Mid-biennial review and modification.
Emergency expenditures—Nondebatable emergencies.
Emergency expenditures—Other emergencies—Hearing.
Emergency expenditures—Warrants—Payment.
Registered warrants—Payment.
Adjustment of wages, hours, and conditions of employment.
Forms—Accounting—Supervision by state.
Funds—Limitations on expenditures—Transfers and adjustments.
Administration, oversight, or supervision of utility—Reimbursement from utility budget authorized.
Liabilities incurred in excess of budget.
Funds received from sales of bonds and warrants—Expenditures.
Revenue estimates—Amount to be raised by ad valorem taxes.
Funds—Quarterly report of status.
Contingency fund—Creation.
Contingency fund—Withdrawals.
Unexpended appropriations.
Violations and penalties.
the commissioners in cities or towns having a commission
form of government, the manager, or any other city or town
official designated by the charter or ordinances of such city or
town under the plan of government governing the same, or
the budget or finance officer designated by the mayor, manager, or commissioners, to perform the functions, or portions
thereof, contemplated by this chapter.
(5) "Fiscal biennium" means the period from January 1
of each odd-numbered year through December 31 of the next
succeeding even-numbered year.
(6) "Fund" and "funds" where clearly used to indicate the
plural of "fund" means the budgeting or accounting entity
authorized to provide a sum of money for specified activities
or purposes.
(7) "Funds" where not used to indicate the plural of
"fund" means money in hand or available for expenditure or
payment of a debt or obligation.
(8) Except as otherwise defined in this chapter, municipal accounting terms used in this chapter have the meaning
prescribed by the state auditor pursuant to RCW 43.09.200.
[1985 c 175 § 6.]
"Fiscal biennium" defined: RCW 1.16.020.
35.34.010 Legislative intent. The legislature hereby
recognizes that the development and adoption of a budget by
a city or town is a lengthy and intense process designed to
provide adequate opportunities for public input and sufficient
time for deliberation and enactment by the legislative authority. The legislature also recognizes that there are limited
amounts of time available and that time committed for budgetary action reduces opportunities for deliberating other
issues. It is, therefore, the intent of the legislature to authorize
cities and towns to establish by ordinance a biennial budget
and to provide the means for modification of such budget.
This chapter and chapter 35A.34 RCW shall be known as the
municipal biennial budget act. [1985 c 175 § 1.]
35.34.010
35.34.020 Application of chapter. This chapter applies
to all cities of the first and second classes and to all towns,
that have by ordinance adopted this chapter authorizing the
adoption of a fiscal biennium budget. [1997 c 361 § 15; 1985
c 175 § 5.]
35.34.020
35.34.030 Definitions. Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) "Clerk" includes the officer performing the functions
of a finance or budget director, comptroller, auditor, or by
whatever title the officer may be known in any city or town.
However, for cities over three hundred thousand, "clerk"
means the budget director as authorized under RCW
35.32A.020.
(2) "Department" includes each office, division, service,
system, or institution of the city or town for which no other
statutory or charter provision is made for budgeting and
accounting procedures or controls.
(3) "Legislative body" includes the council, commission,
or any other group of officials serving as the legislative body
of a city or town.
(4) "Chief administrative officer" includes the mayor of
cities or towns having a mayor-council form of government,
35.34.030
[Title 35 RCW—page 148]
35.34.040 Biennial budget authorized—Limitations.
All first and second class cities and towns are authorized to
establish by ordinance a two-year fiscal biennium budget.
The ordinance shall be enacted at least six months prior to
commencement of the fiscal biennium and this chapter
applies to all cities and towns which utilize a fiscal biennium
budget. Cities and towns which establish a fiscal biennium
budget are authorized to repeal such ordinance and provide
for reversion to a fiscal year budget. The ordinance may only
be repealed effective as of the conclusion of a fiscal biennium. However, the city or town shall comply with chapter
35.32A or 35.33 RCW, whichever the case may be, in developing and adopting the budget for the first fiscal year following repeal of the ordinance. [1994 c 81 § 56; 1985 c 175 § 7.]
35.34.040
35.34.050 Budget estimates—Submittal. On or before
the second Monday of the fourth month prior to the beginning
of the city’s or town’s next fiscal biennium, or at such other
time as the city or town may provide by ordinance or charter,
the clerk shall notify in writing the head of each department
of a city or town to file with the clerk within fourteen days of
the receipt of such notification, detailed estimates of the
probable revenue from sources other than ad valorem taxation and of all expenditures required by the department for
the ensuing fiscal biennium. The notice shall be accompanied
by the proper forms provided by the clerk, prepared in accordance with the requirements and classification established by
the state auditor. The clerk shall prepare the estimates for
interest and debt redemption requirements and all other estimates, the preparation of which falls properly within the
duties of the clerk’s office. The chief administrative officers
of the city or town shall submit to the clerk detailed estimates
of all expenditures proposed to be financed from the proceeds
of bonds or warrants not yet authorized, together with a statement of the proposed method of financing them. In the
absence or disability of the official or person regularly in
charge of a department, the duties required by this section
35.34.050
(2010 Ed.)
Biennial Budgets
shall devolve upon the person next in charge of such department. [1995 c 301 § 43; 1985 c 175 § 8.]
35.34.060 Budget estimates—Classification and segregation. All estimates of receipts and expenditures for the
ensuing fiscal biennium shall be fully detailed in the biennial
budget and shall be classified and segregated according to a
standard classification of accounts to be adopted and prescribed by the state auditor after consultation with the Washington finance officers association, the association of Washington cities, and the association of Washington city managers. [1995 c 301 § 44; 1985 c 175 § 9.]
35.34.060
35.34.070 Proposed preliminary budget. On or before
the first business day in the third month prior to the beginning
of the biennium of a city or town or at such other time as the
city or town may provide by ordinance or charter, the clerk or
other person designated by the charter, by ordinances, or by
the chief administrative officer of the city or town shall submit to the chief administrative officer a proposed preliminary
budget which shall set forth the complete financial program
of the city or town for the ensuing fiscal biennium, showing
the expenditure program requested by each department and
the sources of revenue by which each such program is proposed to be financed.
The revenue section shall set forth in comparative and
tabular form for each fund the actual receipts for the last completed fiscal biennium, the estimated receipts for the current
fiscal biennium, and the estimated receipts for the ensuing
fiscal biennium, which shall include the amount to be raised
from ad valorem taxes and unencumbered fund balances estimated to be available at the close of the current fiscal biennium. However, if the city or town was not utilizing a fiscal
biennium budget for the previous three years, it shall set forth
its fiscal years’ revenues to reflect actual and estimated
receipts as if it had previously utilized a biennial budgetary
process.
The expenditure section shall set forth in comparative
and tabular form for each fund and every department operating within each fund the actual expenditures for the last completed fiscal biennium, the appropriations for the current fiscal biennium, and the estimated expenditures for the ensuing
fiscal biennium. However, if the city or town was not utilizing a fiscal biennium budget for the previous three years, it
shall set forth its fiscal years’ expenditures to reflect actual
and estimated levels as if it had previously utilized a biennial
budgetary process. The expenditure section shall further set
forth separately the salary or salary range for each office,
position, or job classification together with the title or position designation thereof. However, salaries may be set out in
total amounts under each department if a detailed schedule of
such salaries and positions be attached and made a part of the
budget document. [1985 c 175 § 10.]
35.34.070
35.34.080 Preliminary budget. The chief administrative officer shall prepare the preliminary budget in detail,
making any revisions or additions to the reports of the department heads deemed advisable by such chief administrative
officer. At least sixty days before the beginning of the city’s
or town’s next fiscal biennium the chief administrative
35.34.080
(2010 Ed.)
35.34.110
officer shall file it with the clerk as the recommendation of
the chief administrative officer for the final budget. The clerk
shall provide a sufficient number of copies of such preliminary budget and budget message to meet the reasonable
demands of taxpayers therefor and have them available for
distribution not later than six weeks before the beginning of
the city’s or town’s next fiscal biennium. [1985 c 175 § 11.]
35.34.090 Budget message—Hearings. (1) In every
city or town, a budget message prepared by or under the
direction of the city’s or town’s chief administrative officer
shall be submitted as a part of the preliminary budget to the
city’s or town’s legislative body at least sixty days before the
beginning of the city’s or town’s next fiscal biennium and
shall contain the following:
(a) An explanation of the budget document;
(b) An outline of the recommended financial policies and
programs of the city or town for the ensuing fiscal biennium;
(c) A statement of the relation of the recommended
appropriation to such policies and programs;
(d) A statement of the reason for salient changes from
the previous biennium in appropriation and revenue items;
and
(e) An explanation for any recommended major changes
in financial policy.
(2) Prior to the final hearing on the budget, the legislative
body or a committee thereof shall schedule hearings on the
budget or parts thereof, and may require the presence of
department heads to give information regarding estimates
and programs. [1985 c 175 § 12.]
35.34.090
35.34.100 Budget—Notice of hearing. Immediately
following the filing of the preliminary budget with the clerk,
the clerk shall publish a notice once a week for two consecutive weeks stating that the preliminary budget for the ensuing
fiscal biennium has been filed with the clerk, that a copy
thereof will be made available to any taxpayer who will call
at the clerk’s office therefor, that the legislative body of the
city or town will meet on or before the first Monday of the
month next preceding the beginning of the ensuing fiscal
biennium for the purpose of fixing the final budget, designating the date, time, and place of the legislative budget meeting, and that any taxpayer may appear thereat and be heard
for or against any part of the budget. The publication of the
notice shall be made in the official newspaper of the city or
town if there is one, otherwise in a newspaper of general circulation in the city or town. If there is no newspaper of general circulation in the city or town, then notice may be made
by posting in three public places fixed by ordinance as the
official places for posting the city’s or town’s official notices.
[1985 c 175 § 13.]
35.34.100
35.34.110 Budget—Hearing. The legislative body
shall meet on the day fixed by RCW 35.34.100 for the purpose of fixing the final budget of the city or town at the time
and place designated in the notice thereof. Any taxpayer may
appear and be heard for or against any part of the budget. The
hearing may be continued from day to day but not later than
the twenty-fifth day prior to commencement of the city’s or
town’s fiscal biennium. [1985 c 175 § 14.]
35.34.110
[Title 35 RCW—page 149]
35.34.120
Title 35 RCW: Cities and Towns
35.34.120 Budget—Adoption. Following conclusion
of the hearing, and prior to the beginning of the fiscal biennium, the legislative body shall make such adjustments and
changes as it deems necessary or proper and, after determining the allowance in each item, department, classification,
and fund, shall by ordinance adopt the budget in its final form
and content. Appropriations shall be limited to the total estimated revenues contained therein including the amount to be
raised by ad valorem taxes and the unencumbered fund balances estimated to be available at the close of the current fiscal biennium. Such ordinances may adopt the final budget by
reference. However, the ordinance adopting the budget shall
set forth in summary form the totals of estimated revenues
and appropriations for each separate fund and the aggregate
totals for all such funds combined.
A complete copy of the final budget as adopted shall be
transmitted to the state auditor and to the association of
Washington cities. [1995 c 301 § 45; 1985 c 175 § 15.]
35.34.120
35.34.130 Budget—Mid-biennial review and modification. The legislative authority of a city or town having
adopted the provisions of this chapter shall provide by ordinance for a mid-biennial review and modification of the biennial budget. The ordinance shall provide that such review and
modification shall occur no sooner than eight months after
the start nor later than conclusion of the first year of the fiscal
biennium. The chief administrative officer shall prepare the
proposed budget modification and shall provide for publication of notice of hearings consistent with publication of
notices for adoption of other city or town ordinances. City or
town ordinances providing for a mid-biennium review and
modification shall establish procedures for distribution of the
proposed modification to members of the city or town legislative authority, procedures for making copies available to
the public, and shall provide for public hearings on the proposed budget modification. The budget modification shall be
by ordinance approved in the same manner as are other ordinances of the city or town.
A complete copy of the budget modification as adopted
shall be transmitted to the state auditor and to the association
of Washington cities. [1995 c 301 § 46; 1985 c 175 § 16.]
35.34.130
35.34.140
35.34.140 Emergency expenditures—Nondebatable
emergencies. Upon the happening of any emergency caused
by violence of nature, casualty, riot, insurrection, war, or
other unanticipated occurrence requiring the immediate preservation of order or public health, or for the property which
has been damaged or destroyed by accident, or for public
relief from calamity, or in settlement of approved claims for
personal injuries or property damages, or to meet mandatory
expenditures required by law enacted since the last budget
was adopted, or to cover expenses incident to preparing for or
establishing a new form of government authorized or
assumed after adoption of the current budget, including any
expenses incident to selection of additional or new officials
required thereby, or incident to employee recruitment at any
time, the city or town legislative body, upon the adoption of
an ordinance, by the vote of one more than the majority of all
members of the legislative body, stating the facts constituting
the emergency and the estimated amount required to meet it,
[Title 35 RCW—page 150]
may make the expenditures therefor without notice or hearing. [1985 c 175 § 17.]
35.34.150 Emergency expenditures—Other emergencies—Hearing. If a public emergency which could not
reasonably have been foreseen at the time of filing the preliminary budget requires the expenditure of money not provided for in the budget, and if it is not one of the emergencies
specifically enumerated in RCW 35.34.140, the city or town
legislative body before allowing any expenditure therefor
shall adopt an ordinance stating the facts constituting the
emergency and the estimated amount required to meet it and
declaring that an emergency exists.
The ordinance shall not be voted on until five days have
elapsed after its introduction, and for passage shall require
the vote of one more than the majority of all members of the
legislative body of the city or town.
Any taxpayer may appear at the meeting at which the
emergency ordinance is to be voted on and be heard for or
against the adoption thereof. [1985 c 175 § 18.]
35.34.150
35.34.160 Emergency expenditures—Warrants—
Payment. All expenditures for emergency purposes as provided in this chapter shall be paid by warrants from any available money in the fund properly chargeable with such expenditures. If, at any time, there is insufficient money on hand in
a fund with which to pay such warrants as presented, the warrants shall be registered, bear interest, and be called in the
same manner as other registered warrants as prescribed in
RCW 35.21.320. [1985 c 175 § 19.]
35.34.160
35.34.170 Registered warrants—Payment. In adopting the final budget for any fiscal biennium, the legislative
body shall appropriate from estimated revenue sources available, a sufficient amount to pay the principal and interest on
all outstanding registered warrants issued since the adoption
of the last preceding budget except those issued and identified as revenue warrants and except those for which an appropriation previously has been made. However, no portion of
the revenues which are restricted in use by law may be appropriated for the redemption of warrants issued against a utility
or other special purpose fund of a self-supporting nature. In
addition, all or any portion of the city’s or town’s outstanding
registered warrants may be funded into bonds in any manner
authorized by law. [1985 c 175 § 20.]
35.34.170
35.34.180 Adjustment of wages, hours, and conditions of employment. Notwithstanding the appropriations
for any salary or salary range of any employee or employees
adopted in a final budget, the legislative body of any city or
town may, by ordinance, change the wages, hours, and conditions of employment of any or all of its appointive employees
if sufficient funds are available for appropriation to such purposes. [1985 c 175 § 21.]
35.34.180
35.34.190 Forms—Accounting—Supervision by
state. The state auditor is empowered to make and install the
forms and classifications required by this chapter to define
what expenditures are chargeable to each budget class and to
establish the accounting and cost systems necessary to secure
35.34.190
(2010 Ed.)
Biennial Budgets
accurate budget information. [1995 c 301 § 47; 1985 c 175 §
22.]
35.34.200
35.34.200 Funds—Limitations on expenditures—
Transfers and adjustments. (1) The expenditures as classified and itemized in the final budget shall constitute the city’s
or town’s appropriations for the ensuing fiscal biennium.
Unless otherwise ordered by a court of competent jurisdiction, and subject to further limitations imposed by ordinance
of the city or town, the expenditure of city or town funds or
the incurring of current liabilities on behalf of the city or
town shall be limited to the following:
(a) The total amount appropriated for each fund in the
budget for the current fiscal biennium, without regard to the
individual items contained therein, except that this limitation
does not apply to wage adjustments authorized by RCW
35.34.180;
(b) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal
periods pursuant to RCW 35.34.270;
(c) Funds received from the sale of bonds or warrants
which have been duly authorized according to law;
(d) Funds received in excess of estimated revenues during the current fiscal biennium, when authorized by an ordinance amending the original budget; and
(e) Expenditures authorized by budget modification as
provided by RCW 35.34.130 and those required for emergencies, as authorized by RCW 35.34.140 and 35.34.150.
(2) Transfers between individual appropriations within
any one fund may be made during the current fiscal biennium
by order of the city’s or town’s chief administrative officer
subject to such regulations, if any, as may be imposed by the
city or town legislative body. Notwithstanding the provisions
of RCW 43.09.210 or of any statute to the contrary, transfers,
as authorized in this section, may be made within the same
fund regardless of the various offices, departments, or divisions of the city or town which may be affected.
(3) The city or town legislative body, upon a finding that
it is to the best interests of the city or town to decrease,
revoke, or recall all or any portion of the total appropriations
provided for any one fund, may, by ordinance, approved by
the vote of one more than the majority of all members
thereof, stating the facts and findings for doing so, decrease,
revoke, or recall all or any portion of an unexpended fund
balance, and by said ordinance, or a subsequent ordinance
adopted by a like majority, the moneys thus released may be
reappropriated for another purpose or purposes, without limitation to department, division, or fund, unless the use of such
moneys is otherwise restricted by law, charter, or ordinance.
[1985 c 175 § 23.]
35.34.240
reimbursement of the city’s or town’s current expense fund
for the value of such services. [1991 c 152 § 2.]
35.34.210
35.34.210 Liabilities incurred in excess of budget.
Liabilities incurred by any officer or employee of the city or
town in excess of any budget appropriations shall not be a liability of the city or town. The clerk shall issue no warrant and
the city or town legislative body or other authorized person
shall approve no claim for an expenditure in excess of the
total amount appropriated for any individual fund, except
upon an order of a court of competent jurisdiction or for
emergencies as provided in this chapter. [1985 c 175 § 24.]
35.34.220
35.34.220 Funds received from sales of bonds and
warrants—Expenditures. Moneys received from the sale
of bonds or warrants shall be used for no other purpose than
that for which they were issued and no expenditure shall be
made for that purpose until the bonds have been duly authorized. If any unexpended fund balance remains from the proceeds realized from the bonds or warrants after the accomplishment of the purpose for which they were issued, it shall
be used for the redemption of such bond or warrant indebtedness. Where a budget contains an expenditure program to be
financed from a bond issue to be authorized thereafter, no
such expenditure shall be made or incurred until after the
bonds have been duly authorized. [1985 c 175 § 25.]
35.34.230
35.34.230 Revenue estimates—Amount to be raised
by ad valorem taxes. At a time fixed by the city’s or town’s
ordinance or city charter, not later than the first Monday in
October of the second year of each fiscal biennium, the chief
administrative officer shall provide the city’s or town’s legislative body with current information on estimates of revenues
from all sources as adopted in the budget for the current biennium, together with estimates submitted by the clerk under
RCW 35.34.070. The city’s or town’s legislative body and
the city’s or town’s administrative officer or the officer’s designated representative shall consider the city’s or town’s total
anticipated financial requirements for the ensuing fiscal biennium, and the legislative body shall determine and fix by
ordinance the amount to be raised the first year of the biennium by ad valorem taxes. The legislative body shall review
such information as is provided by the chief administrative
officer and shall adopt an ordinance establishing the amount
to be raised by ad valorem taxes during the second year of
the biennium. Upon adoption of the ordinance fixing the
amount of ad valorem taxes to be levied, the clerk shall certify the same to the county legislative authority as required by
RCW 84.52.020. [1985 c 175 § 26.]
35.34.240
35.34.205
35.34.205 Administration, oversight, or supervision
of utility—Reimbursement from utility budget authorized. Whenever any city or town apportions a percentage of
the city manager’s, administrator’s, or supervisor’s time, or
the time of other management or general government staff,
for administration, oversight, or supervision of a utility operated by the city or town, or to provide services to the utility,
the utility budget may identify such services and budget for
(2010 Ed.)
35.34.240 Funds—Quarterly report of status. At
such intervals as may be required by city charter or city or
town ordinance, however, being not less than quarterly, the
clerk shall submit to the city’s or town’s legislative body and
chief administrative officer a report showing the expenditures
and liabilities against each separate budget appropriation
incurred during the preceding reporting period and like information for the whole of the current fiscal biennium to the first
day of the current reporting period together with the unex[Title 35 RCW—page 151]
35.34.250
Title 35 RCW: Cities and Towns
pended balance of each appropriation. The report shall also
show the receipts from all sources. [1985 c 175 § 27.]
35.34.250 Contingency fund—Creation. Every city or
town may create and maintain a contingency fund to provide
moneys with which to meet any municipal expense, the
necessity or extent of which could not have been foreseen or
reasonably evaluated at the time of adopting the annual budget, or from which to provide moneys for those emergencies
described in RCW 35.34.140 and 35.34.150. Such fund may
be supported by a budget appropriation from any tax or other
revenue source not restricted in use by law, or also may be
supported by a transfer from other unexpended or decreased
funds made available by ordinance as set forth in RCW
35.34.200. However, the total amount accumulated in such
fund at any time shall not exceed the equivalent of thirtyseven and one-half cents per thousand dollars of assessed valuation of property within the city or town at such time. Any
moneys in the emergency fund at the end of the fiscal biennium shall not lapse except upon reappropriation by the
council to another fund in the adoption of a subsequent budget. [1985 c 175 § 28.]
made available by provisions of this section, and shall be
recorded in the accounts for the ensuing fiscal biennium.
[1985 c 175 § 30.]
35.34.250
35.34.260 Contingency fund—Withdrawals. No
money shall be withdrawn from the contingency fund except
by transfer to the appropriate operating fund authorized by a
resolution or ordinance of the legislative body of the city or
town, adopted by a majority vote of the entire legislative
body, clearly stating the facts constituting the reason for the
withdrawal or the emergency as the case may be, specifying
the fund to which the withdrawn money shall be transferred.
[1985 c 175 § 29.]
35.34.260
35.34.270 Unexpended appropriations. All appropriations in any current operating fund shall lapse at the end of
each fiscal biennium. However, this shall not prevent payments in the following biennium upon uncompleted programs or improvements in progress or on orders subsequently
filled or claims subsequently billed for the purchase of material, equipment, and supplies or for personal or contractual
services not completed or furnished by the end of the fiscal
biennium, all of which have been properly budgeted and contracted for prior to the close of such fiscal biennium, but furnished or completed in due course thereafter.
All appropriations in a special fund authorized by ordinance or by state law to be used only for the purpose or purposes therein specified, including any cumulative reserve
funds lawfully established in specific or general terms for any
municipal purpose or purposes, or a contingency fund as
authorized by RCW 35.34.250, shall not lapse, but shall be
carried forward from biennium to biennium until fully
expended or the purpose has been accomplished or abandoned, without necessity of reappropriation.
The accounts for budgetary control for each fiscal biennium shall be kept open for twenty days after the close of
such fiscal biennium for the purpose of paying and recording
claims for indebtedness incurred during such fiscal biennium;
any claim presented after the twentieth day following the
close of the fiscal biennium shall be paid from appropriations
lawfully provided for the ensuing period, including those
35.34.270
[Title 35 RCW—page 152]
35.34.280 Violations and penalties. Upon the conviction of any city or town official, department head, or other
city or town employee of knowingly failing, or refusing,
without just cause, to perform any duty imposed upon such
officer or employee by this chapter, or city charter or city or
town ordinance, in connection with the giving of notice, the
preparing and filing of estimates of revenues or expenditures
or other information required for preparing a budget report in
the time and manner required, or of knowingly making
expenditures in excess of budget appropriations, the official
or employee shall be guilty of a misdemeanor and shall be
fined not more than five hundred dollars for each separate
violation. [1985 c 175 § 31.]
35.34.280
Chapter 35.36
Chapter 35.36 RCW
EXECUTION OF BONDS BY PROXY—
FIRST-CLASS CITIES
Sections
35.36.010
35.36.020
35.36.030
35.36.040
35.36.050
35.36.060
35.36.070
Appointment of proxies.
Coupons—Printing facsimile signatures.
Deputies—Exemptions.
Designation of bonds to be signed.
Liability of officer.
Notice to council.
Revocation of proxy.
35.36.010 Appointment of proxies. The mayor, city
comptroller and city clerk of every city of the first class may
each severally designate one or more bonded persons to affix
his or her signature to any bond or bonds requiring his or her
signature.
If the signature of one of these officers is affixed to a
bond during his or her continuance in office by a proxy designated by him or her whose authority has not been revoked,
the bond shall be as binding upon the city and all concerned
as though the officer had signed the bond in person.
This chapter shall apply to all bonds, whether they constitute obligations of the city as a whole or of any local
improvement or other district or subdivision thereof, whether
they call for payment from the general funds of the city or
from a local, special or other fund, and whether negotiable or
otherwise. [2009 c 549 § 2071; 1965 c 7 § 35.36.010. Prior:
1929 c 212 § 1; RRS § 9005-5.]
35.36.010
35.36.020 Coupons—Printing facsimile signatures.
A facsimile reproduction of the signature of the mayor, city
comptroller, or city clerk in every city of the first class may
be printed, engraved, or lithographed upon bond coupons
with the same effect as though the particular officer had
signed the coupon in person. [1965 c 7 § 35.36.020. Prior:
1929 c 212 § 4; RRS § 9005-8.]
35.36.020
35.36.030 Deputies—Exemptions. Nothing in this
chapter shall be construed as requiring the appointment of
deputy comptrollers or deputy city clerks in first-class cities
to be made in accordance herewith so far as concerns signatures or other doings which may be lawfully made or done by
35.36.030
(2010 Ed.)
Fiscal—Cities Under Twenty Thousand and Cities Other Than First Class—Bonds
such deputy under the provisions of any other law. [1965 c 7
§ 35.36.030. Prior: 1929 c 212 § 5; RRS § 9005-9.]
35.36.040 Designation of bonds to be signed. (1) The
officer whose duty it is to cause any bonds to be printed,
engraved, or lithographed, shall specify in a written order or
requisition to the printer, engraver, or lithographer the number of bonds to be printed, engraved, or lithographed and the
manner of numbering them.
(2) Every printer, engraver, or lithographer who prints,
engraves, or lithographs a greater number of bonds than that
specified or who prints, engraves, or lithographs more than
one bond bearing the same number is guilty of a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53
§ 199; 1965 c 7 § 35.36.040. Prior: 1929 c 212 § 6; RRS §
9005-10.]
35.37.027
recording but shall not affect the validity of any signature
theretofore made. [1965 c 7 § 35.36.070. Prior: 1929 c 212
§ 2, part; RRS § 9005-6, part.]
35.36.040
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
35.36.050 Liability of officer. A mayor, comptroller,
or clerk authorizing the affixing of his or her signature to a
bond by a proxy shall be subject to the same liability personally and on his or her bond for any signature so affixed and to
the same extent as if he or she had affixed his or her signature
in person. [2009 c 549 § 2072; 1965 c 7 § 35.36.050. Prior:
1929 c 212 § 3; RRS § 9005-7.]
35.36.050
35.36.060 Notice to council. In order to designate a
proxy to affix his or her signature to bonds, a mayor, comptroller, or clerk shall address a written notice to the governing
body of the city giving the name of the person whom he or
she has selected therefor and stating generally or specifically
what bonds are to be so signed.
Attached to or included in the notice shall be a written
signature of the officer making the designation executed by
the proposed proxy followed by the word "by" and his or her
own signature; or, if the notice so states, the specimen signatures may consist of a facsimile reproduction of the officer’s
signature impressed by some mechanical process followed by
the word "by" and the proxy’s own signature.
If the authority is intended to include the signature upon
bonds bearing an earlier date than the effective date of the
notice, the prior dated bonds must be specifically described
by reasonable reference thereto.
The notice designating a proxy shall be filed with the
city comptroller or city clerk, together with the specimen signatures attached thereto and a record of the filing shall be
made in the journal of the governing body. This record shall
note the date and hour of filing and may be made by the official who keeps the journal at any time after filing of the
notice, even during a period of recess or adjournment of the
governing body. The notice shall be effective from the time
of its recording. [2009 c 549 § 2073; 1965 c 7 § 35.36.060.
Prior: 1929 c 212 § 2, part; RRS § 9005-6, part.]
35.36.060
35.36.070 Revocation of proxy. Any designation of a
proxy may be revoked by written notice addressed to the governing body of the city signed by the officer who made the
designation and filed and recorded in the same manner as the
notice of designation. It shall be effective from the time of its
35.36.070
(2010 Ed.)
Chapter 35.37 RCW
FISCAL—CITIES UNDER TWENTY THOUSAND
AND CITIES OTHER THAN FIRST CLASS—BONDS
Chapter 35.37
Sections
35.37.010
35.37.020
35.37.027
35.37.030
35.37.040
35.37.050
35.37.090
35.37.110
35.37.120
Accounting—Funds.
Accounting—Surplus and deficit in utility accounts.
Validation of preexisting obligations by former city.
Applicability of chapter.
Authority to contract debts—Limits.
Excess indebtedness—Authority to contract.
General indebtedness bonds—Issuance and sale.
General indebtedness bonds—Taxation to pay.
General indebtedness bonds—Taxation—Failure to levy—
Remedy.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
35.37.010 Accounting—Funds. Every city and town
having less than twenty thousand inhabitants shall maintain a
current expense fund out of which it must pay current
expenses. It shall also maintain an "indebtedness fund," and if
it has outstanding general indebtedness bonds, it must maintain a sinking fund therefor. If it maintains waterworks, lighting plant, cemetery, or other public works or institutions from
which rent or other revenue is derived it must maintain a separate fund for each utility or institution. All moneys collected
by such cities and towns from licenses shall be credited to the
current expense fund. [1965 c 7 § 35.37.010. Prior: (i) 1897
c 84 § 1; RRS § 5635. (ii) 1897 c 84 § 2; RRS § 5636. (iii)
1897 c 84 § 9; RRS § 5643. (iv) 1897 c 84 § 10, part; RRS §
5644, part.]
35.37.010
35.37.020 Accounting—Surplus and deficit in utility
accounts. Any deficit for operation and maintenance of utilities and institutions owned and controlled by cities and
towns having less than twenty thousand inhabitants, over and
above the revenue therefrom, shall be paid out of the current
expense fund. Any surplus in the waterworks fund, lighting
fund, *cemetery fund, or other like funds at the end of the fiscal year shall be paid into the current expense fund except
such part as the council by a finding entered into the record of
the proceedings may conclude to be necessary for the purpose
of:
(1) Extending or repairing the particular utility or institution; or
(2) Paying interest or principal of any indebtedness
incurred in the construction or purchase of the particular utility or institution; or
(3) Creating or adding to a sinking fund for the payment
of any indebtedness incurred in the construction or purchase
of the particular utility or institution. [1965 c 7 § 35.37.020.
Prior: 1897 c 84 § 10, part; RRS § 5644, part.]
35.37.020
*Reviser’s note: The "cemetery fund" was renamed the "cemetery
account" by 2005 c 365 § 67.
35.37.027 Validation of preexisting obligations by
former city. All elections for the validation of any debt cre35.37.027
[Title 35 RCW—page 153]
35.37.030
Title 35 RCW: Cities and Towns
ated by any city or town which has since become consolidated with any other city or town shall be by ballot, and the
vote shall be taken in the new consolidated city as constituted
at the time of the election. [1965 c 7 § 35.37.027. Prior: 1897
c 84 § 12; RRS § 5646.]
Elections: Title 29A RCW.
35.37.030
35.37.030 Applicability of chapter. The provisions of
the remainder of this chapter shall not be applied to cities of
the first class nor to borrowing money and issuing bonds by
any city or town for the purpose of supplying it with water,
artificial light, or sewers if the works for supplying the water,
artificial light, or sewers are to be owned and controlled by
the city or town. [1965 c 7 § 35.37.030. Prior: (i) 1891 c 128
§ 10; RRS § 9548. (ii) 1891 c 128 § 11; RRS § 9549.]
35.37.090 General indebtedness bonds—Issuance
and sale. All general indebtedness bonds shall be issued and
sold in accordance with chapter 39.46 RCW. [1984 c 186 §
17; 1983 c 167 § 36; 1965 c 7 § 35.37.090. Prior: (i) 1891 c
128 § 5, part; RRS § 9543, part. (ii) 1891 c 128 § 6, part; RRS
§ 9544, part.]
35.37.090
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
35.37.110 General indebtedness bonds—Taxation to
pay. So long as any general indebtedness bonds are outstanding an amount sufficient to pay the interest upon them as
it accrues shall be included in each annual levy for municipal
purposes and a sufficient amount shall be included in each
annual levy for payment of principal so that all bonds may be
paid serially as they mature. [1965 c 7 § 35.37.110. Prior:
1891 c 128 § 8; RRS § 9546.]
35.37.110
35.37.040
35.37.040 Authority to contract debts—Limits.
Every city and town, may, without a vote of the people, contract indebtedness or borrow money for strictly municipal
purposes on the credit of the city or town and issue negotiable
bonds therefor in an amount which when added to its existing
nonvoter approved indebtedness will not exceed the amount
of indebtedness authorized by chapter 39.36 RCW, as now or
hereafter amended, to be incurred without the assent of the
voters.
When bonds are issued under this section the ordinance
providing therefor shall contain a statement showing the
value of the taxable property in the city or town, as the term
"value of the taxable property" is defined in RCW 39.36.015,
together with the amount of the existing nonvoter approved
and total indebtedness of the city or town, which indebtedness shall include the amount for which such bonds are
issued. [1984 c 186 § 15; 1970 ex.s. c 42 § 12; 1965 c 7 §
35.37.040. Prior: (i) 1891 c 128 § 1; RRS § 9538. (ii) 1891 c
128 § 6, part; RRS § 9544, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
Additional notes found at www.leg.wa.gov
35.37.120 General indebtedness bonds—Taxation—
Failure to levy—Remedy. If the council of any city or town
which has issued general indebtedness bonds fails to make
any levy necessary to make principal or interest payments
due on the bonds, the owner of any bond or interest payment
which has been presented to the treasurer and payment
thereof refused because of the failure to make a levy may file
the bond together with any unpaid coupons with the county
auditor, taking his or her receipt therefor.
The county auditor shall register bonds so filed, and the
county legislative authority at its next session at which it levies the annual county tax shall add to the city’s or town’s levy
a sum sufficient to realize the amount of principal and interest
past due and to become due prior to the next annual levy to be
collected and held by the county treasurer and paid out only
upon warrants drawn by the county auditor as the payments
mature in favor of the owner of the bond as shown by the
auditor’s register. Similar levies shall be made in each succeeding year until the bonds and any coupons or interest payments are fully satisfied.
This remedy is alternative and in addition to any other
remedy which the owner of such a bond or coupon may have.
[2009 c 549 § 2074; 1983 c 167 § 38; 1965 c 7 § 35.37.120.
Prior: 1891 c 128 § 9; RRS § 9547.]
35.37.120
Additional notes found at www.leg.wa.gov
35.37.050
35.37.050 Excess indebtedness—Authority to contract. Every city and town may, when authorized by the voters of the city or town pursuant to Article VIII, section 6 of
the state Constitution at an election held pursuant to RCW
39.36.050, contract indebtedness or borrow money for
strictly municipal purposes on the credit of the city or town
and issue negotiable bonds therefor in an amount which when
added to its existing indebtedness will exceed the amount of
indebtedness authorized by chapter 39.36 RCW, as now or
hereafter amended, to be incurred without the assent of the
voters but will not exceed the amounts of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to
be incurred with the assent of the voters. [1984 c 186 § 16;
1965 c 7 § 35.37.050. Prior: (i) 1891 c 128 § 2; RRS § 9539.
(ii) 1891 c 128 § 4, part; RRS § 9542, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 154]
Chapter 35.38
Chapter 35.38 RCW
FISCAL—DEPOSITARIES
Sections
35.38.010
35.38.040
35.38.050
35.38.055
35.38.060
Designation of depositaries.
Segregation of collateral.
Treasurer’s official bond not affected.
City official as officer, employee, or stockholder of depositary.
Definition—"Financial institution."
Deposit of public funds: State Constitution Art. 11 § 15.
State fiscal agencies: Chapter 43.80 RCW.
35.38.010 Designation of depositaries. The treasurer
in all cities and towns shall annually at the end of each fiscal
year, or at such other times as may be deemed necessary, designate one or more financial institutions which are qualified
public depositaries as set forth by the public deposit protec35.38.010
(2010 Ed.)
Fiscal—Investment of Funds
tion commission as depositary or depositaries for the moneys
required to be kept by the treasurer. [1984 c 177 § 1; 1973 c
126 § 1; 1969 ex.s. c 193 § 22; 1965 c 7 § 35.38.010. Prior:
1905 c 103 § 1; RRS § 5568.]
35.39.060
35.39.070
Liability of treasurers and state treasurer, public deposits: RCW 39.58.140.
35.39.100
Public depositaries, deposit and investment of public funds: Chapter 39.58
RCW.
35.39.110
Additional notes found at www.leg.wa.gov
35.38.040 Segregation of collateral. Before any such
designation shall entitle the treasurer to make deposits in any
financial institution, each financial institution so designated
shall segregate eligible securities as collateral as provided by
RCW 39.58.050 as now or hereafter amended. [1984 c 177 §
2; 1973 c 126 § 3; 1969 ex.s. c 193 § 25; 1967 c 132 § 6; 1965
c 7 § 35.38.040. Prior: 1945 c 240 § 2; 1935 c 45 § 3; 1931 c
87 § 5; 1909 c 40 § 1; 1907 c 22 § 2; Rem. Supp. 1945 §
5572.]
35.38.040
Additional notes found at www.leg.wa.gov
35.38.050 Treasurer’s official bond not affected. The
foregoing provisions of this chapter shall in no way affect the
duty of a city or town treasurer to give bond to the city or
town for the faithful performance of his or her duties in such
amount as may be fixed by the city or town council or other
governing body by ordinance. [2009 c 549 § 2075; 1965 c 7
§ 35.38.050. Prior: (i) 1905 c 103 § 3; RRS § 5570. (ii) 1907
c 22 § 3; RRS § 5573.]
35.38.050
35.38.055 City official as officer, employee, or stockholder of depositary. Whenever a financial institution is
designated by the treasurer in accordance with the provisions
of this chapter, as a depositary for funds to be kept by the
treasurer of such city or town and such financial institution
has filed and had approved a contract with such city or town
and complied with chapter 39.58 RCW, such contract shall
not be invalid by reason of any official of the city being also
an officer, employee, or stockholder of such financial institution. [1984 c 177 § 3; 1965 c 7 § 35.38.055. Prior: 1955 c 81
§ 1.]
35.38.055
35.38.060 Definition—"Financial institution."
"Financial institution," as used in the foregoing provisions of
this chapter, means a branch of a bank engaged in banking in
this state in accordance with RCW 30.04.300, and any state
bank or trust company, national banking association, stock
savings bank, mutual savings bank, or savings and loan association, which institution is located in this state and lawfully
engaged in business. [1984 c 177 § 4; 1965 c 7 § 35.38.060.
Prior: 1907 c 22 § 4; RRS § 5574.]
35.38.060
Chapter 35.39
Chapter 35.39 RCW
FISCAL—INVESTMENT OF FUNDS
Sections
35.39.030
35.39.032
35.39.034
35.39.050
(2010 Ed.)
Excess or inactive funds—Investment.
Approval of legislative authority—Delegation of authority—
Reports.
Investment by individual fund or commingling of funds—
Investment in United States securities—Validation.
Construction—1965 c 7.
35.39.080
35.39.090
35.39.034
Investment of pension funds.
City retirement system—Registration and custody of securities.
City retirement system—Investment advisory committee.
City retirement system—Investment advisory committee—
Powers and duties.
City retirement system—Investment advisory committee—
Employment of members.
City retirement system—Investment advisory committee—
Liability of members.
Investment of
municipal funds in savings and loan associations by county or other
municipal corporation treasurer: RCW 36.29.020.
public and trust funds in federal agency bonds: Chapter 39.60 RCW.
Municipal revenue bond act: Chapter 35.41 RCW.
35.39.030 Excess or inactive funds—Investment.
Every city and town may invest any portion of the moneys in
its inactive funds or in other funds in excess of current needs
in:
(1) United States bonds;
(2) United States certificates of indebtedness;
(3) Bonds or warrants of this state;
(4) General obligation or utility revenue bonds or warrants of its own or of any other city or town in the state;
(5) Its own bonds or warrants of a local improvement
district which are within the protection of the local improvement guaranty fund law; and
(6) In any other investments authorized by law for any
other taxing districts. [1975 1st ex.s. c 11 § 1; 1969 ex.s. c 33
§ 1; 1965 ex.s. c 46 § 1; 1965 c 7 § 35.39.030. Prior: 1943 c
92 § 1; Rem. Supp. 1943 § 5646-13.]
35.39.030
Additional notes found at www.leg.wa.gov
35.39.032 Approval of legislative authority—Delegation of authority—Reports. No investment shall be made
without the approval of the legislative authority of the city or
town expressed by ordinance: PROVIDED, That except as
otherwise provided by law, the legislative authority may by
ordinance authorize a city official or a committee composed
of several city officials to determine the amount of money
available in each fund for investment purposes and make the
investments authorized as indicated in RCW 35.39.030 as
now or hereafter amended and the provisions of RCW
35.39.034, without the consent of the legislative authority for
each investment. The responsible official or committee shall
make a monthly report of all investment transactions to the
city legislative authority. The legislative authority of a city or
town or city official or committee authorized to invest city or
town funds may at any time convert any of its investment
securities, or any part thereof, into cash. [1969 ex.s. c 33 § 2.]
35.39.032
35.39.034 Investment by individual fund or commingling of funds—Investment in United States securities—
Validation. Moneys thus determined available for this purpose may be invested on an individual fund basis or may,
unless otherwise restricted by law be commingled within one
common investment portfolio for investment. All income
derived from such investment shall be apportioned and used
for the benefit of the various participating funds or for the
benefit of the general or current expense fund as the governing body of the city of [or] town shall determine by ordinance
or resolution: PROVIDED, That funds derived from the sale
of general obligation bonds or revenue bonds or similar
35.39.034
[Title 35 RCW—page 155]
35.39.050
Title 35 RCW: Cities and Towns
instruments of indebtedness shall be invested, or used in such
manner as the initiating ordinances, resolutions, or bond covenants may lawfully prescribe.
Any excess or inactive funds on hand in the city treasury
not otherwise invested, or required to be invested by this section, as now or hereafter amended, may be invested by the
city treasurer in United States government bonds, notes, bills,
certificates of indebtedness, or interim financing warrants of
a local improvement district which is within the protection of
the local improvement guaranty fund law for the benefit of
the general or current expense fund.
All previous or outstanding investments of city or town
funds for the benefit of the city’s or town’s general or current
expense fund which have been or could be made in accordance with the provisions of this section, as now or hereafter
amended, are declared valid. [1981 c 218 § 1; 1975 1st ex.s.
c 11 § 2; 1969 ex.s. c 33 § 3.]
35.39.050 Construction—1965 c 7. RCW 35.39.030
shall be deemed cumulative and not exclusive and shall be
additional to any other power or authority granted any city or
town. [1983 c 3 § 56; 1965 c 7 § 35.39.050. Prior: 1943 c 92
§ 3; Rem. Supp. 1943 § 5646-15.]
35.39.050
35.39.060 Investment of pension funds. Any city or
town now or hereafter operating an employees’ pension system with the approval of the board otherwise responsible for
management of its respective funds may invest, reinvest,
manage, contract, sell, or exchange investments acquired.
Investments shall be made in accordance with investment
policy duly established and published by the board. In discharging its duties under this section, the board shall act with
the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man or woman acting
in a like capacity and familiar with such matters would use in
the conduct of an enterprise of a like character and with like
aims; shall diversify the investments of the employees’ pension system so as to minimize the risk of large losses; and
shall act in accordance with the documents and instruments
governing the employees’ pension system, insofar as such
documents and instruments are consistent with the provisions
of this title. [2009 c 549 § 2076; 1982 c 166 § 1.]
35.39.060
Additional notes found at www.leg.wa.gov
35.39.070 City retirement system—Registration and
custody of securities. The city treasurer may cause any
securities in which the city retirement system deals to be registered in the name of a nominee without mention of any fiduciary relationship, except that adequate records shall be maintained to identify the actual owner of the security so registered. The securities so registered shall be held in the physical
custody of the city treasurer, the federal reserve system, the
designee of the city treasurer, or at the election of the designee and upon approval of the city treasurer, the Pacific Securities Depository Trust Company Inc. or the Depository Trust
Company of New York City or its designees.
With respect to the securities, the nominee shall act only
on the direction of the retirement board. All rights to the dividends, interest, and sale proceeds from the securities and all
voting rights of the securities shall be vested in the actual
35.39.070
[Title 35 RCW—page 156]
owners of the securities, and not in the nominee. [1982 c 166
§ 2.]
Additional notes found at www.leg.wa.gov
35.39.080 City retirement system—Investment advisory committee. The retirement board of any city which is
responsible for the management of an employees’ retirement
system established to provide retirement benefits for nonpublic safety employees shall appoint an investment advisory
committee consisting of at least three members who are considered experienced and qualified in the field of investments.
[1982 c 166 § 3.]
35.39.080
Additional notes found at www.leg.wa.gov
35.39.090 City retirement system—Investment advisory committee—Powers and duties. In addition to its
other powers and duties, the investment advisory committee
shall:
(1) Make recommendations as to general investment policies, practices, and procedures to the retirement board;
(2) Review the investment transactions of the retirement
board annually;
(3) Prepare a written report of its activities during each
fiscal year. Each report shall be submitted not more than
thirty days after the end of each fiscal year to the retirement
board and to any other person who has submitted a request
therefor. [1982 c 166 § 4.]
35.39.090
Additional notes found at www.leg.wa.gov
35.39.100 City retirement system—Investment advisory committee—Employment of members. No advisory
committee member during the term of appointment may be
employed by any investment brokerage or mortgage servicing firm doing business with the retirement board. [1982 c
166 § 5.]
35.39.100
Additional notes found at www.leg.wa.gov
35.39.110 City retirement system—Investment advisory committee—Liability of members. No member of the
investment advisory committee is liable for the negligence,
default, or failure of any other person or other member of the
committee to perform the duties of his or her office, and no
member of the committee may be considered or held to be an
insurer of the funds or assets of the retirement system nor
shall any member be liable for actions performed with the
exercise of reasonable diligence within the scope of his or her
duly authorized activities as a member of the committee.
[1982 c 166 § 6.]
35.39.110
Additional notes found at www.leg.wa.gov
Chapter 35.40
Chapter 35.40 RCW
FISCAL—VALIDATION AND FUNDING OF DEBTS
Sections
35.40.030
Ratification and funding after consolidation or annexation.
Funding indebtedness in counties, cities and towns: Chapter 39.52 RCW.
Metropolitan municipal corporations, funding and refunding bonds: RCW
35.58.470.
(2010 Ed.)
Fiscal—Municipal Revenue Bond Act
35.40.030 Ratification and funding after consolidation or annexation. If, in any case where any city or town in
this state has been or may hereafter be formed by the consolidation of two or more cities or towns, or has annexed or may
hereafter annex any new territory, an election shall be held, in
accordance with the Constitution and laws of this state, for
the purpose of submitting to the voters residing within the
former corporate limits of either such former city or town, or
of such city or town prior to such annexation, for ratification
or disapproval, the attempted incurring on the part of such
former city or town or of such city or town prior to such
annexation by the corporate authorities thereof, of any
indebtedness thereof, such consolidated or existing city or
town may submit to all of the voters therein, at the same or a
separate election, any proposition to fund such indebtedness
so sought to be ratified or any part thereof or any existing
indebtedness of such consolidated or existing city or town, or
both. The proposition to ratify any such indebtedness so previously attempted to be incurred on the part of either such
former city or town, or on the part of such city or town prior
to such annexation, and the proposition to fund the same may
be submitted, respectively, to the voters residing within the
corporate limits of such former city or town or in such city or
town prior to such annexation, and to all the voters in such
consolidated city or town, respectively, in the same or in separate ordinances, as may be required or permitted by law; but
the proposition to fund shall be the subject of a distinct vote
in favor of or against the same, separate from the vote upon
the proposition to ratify, and separate from the vote upon a
proposition to fund any part of such indebtedness as to which
a proposition to ratify is not submitted. [1965 c 7 §
35.40.030. Prior: 1893 c 58 § 1; RRS § 9556.]
35.40.030
Annexation of unincorporated areas: Chapter 35.13 RCW.
Consolidation including annexation of third-class city or town to first-class
city: Chapter 35.10 RCW.
Chapter 35.41 RCW
FISCAL—MUNICIPAL REVENUE BOND ACT
Chapter 35.41
Sections
35.41.010
35.41.030
35.41.050
35.41.060
35.41.070
35.41.080
35.41.090
35.41.095
35.41.100
35.41.900
35.41.010 Special funds—Authorized—Composition. For the purpose of providing funds for defraying all or
a portion of the costs of planning, purchase, leasing, condemnation, or other acquisition, construction, reconstruction,
development, improvement, extension, repair, maintenance,
or operation of any municipally owned public land, building,
facility, or utility, for which the municipality now has or
hereafter is granted authority to acquire, condemn, develop,
(2010 Ed.)
repair, maintain, or operate, the legislative body of any city or
town may authorize, by ordinance, the creation of a special
fund or funds into which the city or town shall be obligated to
set aside and pay: Any or all municipal license fees specified
in such ordinance creating such special fund, and/or any and
all revenues derived from any utility or facility specified in
said ordinance creating such special fund. The ordinance may
provide that the city or town shall be obligated to set aside
and pay into a special fund or funds so created:
(1) A fixed proportion of any revenues or fees, or
(2) A fixed amount of, and not to exceed, a fixed proportion of any revenues or fees, or
(3) A fixed amount without regard to any fixed proportion of any revenues or fees, or
(4) An amount of such revenues sufficient, together with
any other moneys lawfully pledged to be paid into such fund
or funds, to meet principal and interest requirements and to
accumulate any reserves and additional funds that may be
required.
The legislative body may also authorize the creation of a
special fund or funds to defray all or part of the costs of planning, purchase, condemnation, or other acquisition, construction, improvement, maintenance or operation of any public
park in, upon or above property used or to be used as municipally owned off-street parking space and facilities, whether
or not revenues are received or fees charged in the course of
public use of such park. Part or all of the otherwise unpledged
revenues, fees or charges arising from municipal ownership,
operation, lease or license of any off-street parking space and
facilities, or arising from municipal license of any off-street
parking space, shall be set aside and paid into such special
fund or funds in accordance with this section. [1971 ex.s. c
223 § 1; 1967 ex.s. c 144 § 12; 1965 c 7 § 35.41.010. Prior:
1957 c 117 § 1.]
Bids for operation of parking space or facilities in or beneath public parks:
RCW 35.86.010.
"Facilities" defined: RCW 35.86.010.
General obligation bonds, use in financing off-street parking space and
facilities: RCW 35.86.020.
Additional notes found at www.leg.wa.gov
Special funds—Authorized—Composition.
Revenue bonds authorized—Form, term, etc.
Revenue warrants.
Sale of revenue bonds and warrants—Contract provisions.
Suit to compel city to pay amount into special fund.
Rates and charges for services, use, or benefits—Waiver of
connection charges for low-income persons.
Rates and charges for services, use or benefits—Costs,
expenses, interest may be included.
Revenue bonds for water or sewerage system—Pledge of utility local improvement district assessments.
Chapter is alternative and additional method.
Short title.
Industrial development revenue bonds: Chapter 39.84 RCW.
Municipal utilities: Chapter 35.92 RCW.
35.41.010
35.41.030
35.41.030 Revenue bonds authorized—Form, term,
etc. If the legislative body of a city or town deems it advisable to purchase, lease, condemn, or otherwise acquire, construct, develop, improve, extend, or operate any land, building, facility, or utility, and adopts an ordinance authorizing
such purchase, lease, condemnation, acquisition, construction, development, improvement and to provide funds for
defraying all or a portion of the cost thereof from the proceeds of the sale of revenue bonds, and such ordinance has
been ratified by the voters of the city or town in those
instances where the original acquisition, construction, or
development of such facility or utility is required to be ratified by the voters under the provisions of RCW 35.67.030
and 35.92.070, such city or town may issue revenue bonds
against the special fund or funds created solely from revenues. The revenue bonds so issued shall:
(1) Be registered bonds, as provided in RCW 39.46.030,
or bearer bonds;
(2) Be issued in such denominations as determined by
the legislative body of the city or town;
35.41.030
[Title 35 RCW—page 157]
35.41.050
Title 35 RCW: Cities and Towns
(3) Be numbered from one upwards consecutively;
(4) Bear the date of their issue;
(5) Be serial or term bonds and the final maturity thereof
shall not extend beyond the reasonable life expectancy of the
facility or utility;
(6) Bear interest at such rate or rates as authorized by the
legislative body of the city or town, with interest coupons
attached unless such bonds are registered as to interest, in
which no case no interest coupons need be attached;
(7) Be payable as to principal and interest at such place
or time as may be designated therein;
(8) State upon their face that they are payable from a special fund, naming it, and the ordinance creating it, and that
they do not constitute a general indebtedness of the city or
town;
(9) Be signed by the mayor and bear the seal of the city
or town and be attested by the clerk: PROVIDED, That the
facsimile signatures of the mayor and clerk may be used
when the ordinance authorizing the issuance of such bonds
provides for the signatures thereof by an authenticating
officer; and
(10) Be printed upon good bond paper: PROVIDED,
That notwithstanding the provisions of this section, such revenue bonds may be issued and sold in accordance with chapter 39.46 RCW. [1983 c 167 § 39; 1971 ex.s. c 223 § 2; 1970
ex.s. c 56 § 34; 1969 ex.s. c 232 § 15; 1965 c 7 § 35.41.030.
Prior: 1957 c 117 § 3.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
35.41.050
35.41.050 Revenue warrants. (1) Revenue warrants
may be issued and such warrants and interest thereon may be
payable out of the special fund or refunded through the proceeds of the sale of revenue bonds. Every revenue warrant
and the interest thereon issued against the special fund shall
be a valid claim of the owner thereof only as against that fund
and the amount of revenue pledged to the fund, and shall not
constitute an indebtedness of the city or town. Every revenue
warrant shall state on its face that it is payable from a special
fund, naming it and the ordinance creating it. Such warrants
may be in any form, including bearer warrants or registered
warrants as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
warrants may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 40; 1965 c 7 § 35.41.050. Prior:
1957 c 117 § 5.]
Additional notes found at www.leg.wa.gov
35.41.060
35.41.060 Sale of revenue bonds and warrants—
Contract provisions. Revenue bonds and warrants may be
sold by negotiation or by public or private sale in any manner
and for any price the legislative body of any city or town
deems to be for the best interest of the city or town. Such legislative body may provide in any contract, for the construction or acquisition of the proposed facility or utility or the
maintenance and operation thereof, and that payment therefor
shall be made only in revenue bonds and/or warrants at their
par value. [1965 c 7 § 35.41.060. Prior: 1957 c 117 § 6.]
[Title 35 RCW—page 158]
35.41.070 Suit to compel city to pay amount into special fund. If a city or town fails to set aside and pay into the
special fund created for the payment of revenue bonds and
warrants the amount which it has obligated itself in the ordinance creating the fund to set aside and pay therein, the
holder of any bond or warrant issued against the bond may
bring suit against the city or town to compel it to do so. [1965
c 7 § 35.41.070. Prior: 1957 c 117 § 7.]
35.41.070
35.41.080 Rates and charges for services, use, or benefits—Waiver of connection charges for low-income persons. (1) The legislative body of any city or town may provide by ordinance for revenues by fixing rates and charges for
the furnishing of service, use, or benefits to those to whom
service, use, or benefits from such facility or utility is available, which rates and charges shall be uniform for the same
class of service. The legislative body may waive connection
charges for properties purchased by low-income persons
from organizations exempt from tax under section 501(c)(3)
of the federal internal revenue code as amended prior to July
23, 1995. Waivers of connection charges for the same class of
electric or gas utility service must be uniformly applied to all
qualified property. Nothing in this subsection (1) authorizes
the impairment of a contract.
(2) If revenue bonds or warrants are issued against the
revenues collected under subsection (1) of this section, the
legislative body of the city or town shall fix charges at rates
which will be sufficient, together with any other moneys lawfully pledged therefor, to provide for the payment of bonds
and warrants, principal and interest, sinking fund requirements and expenses incidental to the issuance of such revenue bonds or warrants; in fixing such charges the legislative
body of the city or town may establish rates sufficient to pay,
in addition, the costs of operating and maintaining such facility or utility. [1995 c 140 § 2; 1971 ex.s. c 223 § 3; 1965 c 7
§ 35.41.080. Prior: 1959 c 203 § 1; 1957 c 117 § 8.]
35.41.080
35.41.090 Rates and charges for services, use or benefits—Costs, expenses, interest may be included. In setting the rates to be charged for the service, use, or benefits
derived from such facility or utility, or in determining the
cost of the planning, acquisition, construction, reconstruction, development, improvement, extension, repair, maintenance, or operation thereof the legislative body of the city or
town may include all costs and estimated costs of the issuance of said bonds, all engineering, inspection, fiscal and
legal expense and interest which it is estimated will accrue
during the construction period and for such period of time
thereafter deemed by the legislative body to be necessary or
desirable on money borrowed, or which it is estimated will be
borrowed in connection therewith. [1971 ex.s. c 223 § 4;
1965 c 7 § 35.41.090. Prior: 1957 c 117 § 9.]
35.41.090
35.41.095 Revenue bonds for water or sewerage system—Pledge of utility local improvement district assessments. The legislative body of any city or town may provide
as an additional method for securing the payment of any such
bonds issued to pay the whole or a portion of the cost of providing the city or town with a system of water or sewerage as
set forth in RCW 35.43.042, that utility local improvement
district assessments authorized to be made for the purposes
35.41.095
(2010 Ed.)
Leases
and subject to the limitations contained in RCW 35.43.042
may be pledged to secure the payment of such bonds. [1967
c 52 § 26.]
35.42.070
35.42.030 Authority to lease. Any city or town may, as
lessee, lease a building for its use for a term of not to exceed
fifty years. [1965 c 7 § 35.42.030. Prior: 1959 c 80 § 3.]
35.42.030
Additional notes found at www.leg.wa.gov
35.42.040 Renewals—Option to purchase. A lease of
a building executed pursuant to RCW 35.42.010 through
35.42.090 may grant the lessee city or town an option to
renew for a further term on like conditions, or an option to
purchase the building covered by the lease at any time prior
to the expiration of the term. A lease with an option to purchase shall provide that all sums paid as rent up to the time of
exercising the option shall be credited toward the payment of
the purchase price as of the date of payment. No lease shall
provide, nor be construed to provide, that any city or town
shall be under any obligation to purchase the leased building.
[1965 c 7 § 35.42.040. Prior: 1959 c 80 § 4.]
35.42.040
35.41.100 Chapter is alternative and additional
method. The authority granted by this chapter shall be considered an alternative and additional method of issuing revenue bonds or warrants by cities and towns and no restriction,
limitation, or regulation relative to the issuance of such bonds
contained in any other law shall apply to the bonds issued
hereunder. [1965 c 7 § 35.41.100. Prior: 1957 c 117 § 10.]
35.41.100
35.41.900 Short title. This chapter shall be known as
"the municipal revenue bond act." [1965 c 7 § 35.41.900.
Prior: 1957 c 117 § 11.]
35.41.900
35.42.050 Provisions to pay taxes, insurance, make
repairs, improvements, etc. A lease of a building may provide that as a part of the rental, the lessee city or town may
pay taxes and assessments on the leased building, maintain
insurance thereon for the benefit of the lessor, and assume
responsibilities for repair, replacement, alterations, and
improvements during the term of the lease. [1965 c 7 §
35.42.050. Prior: 1959 c 80 § 5.]
35.42.050
Chapter 35.42 RCW
LEASES
Chapter 35.42
Sections
LEASING OF SPACE WITH OPTION
TO PURCHASE—1959 ACT
35.42.010
35.42.020
35.42.030
35.42.040
35.42.050
Purpose.
Building defined.
Authority to lease.
Renewals—Option to purchase.
Provisions to pay taxes, insurance, make repairs, improvements, etc.
Execution of lease prior to construction—Lessor’s bond—
City not obligated for construction costs.
Lease of city land for building purposes and lease back of
building by city.
Lease of city land for building purposes and lease back of
building by city—Bids.
Leases exempted from certain taxes.
35.42.060
35.42.070
35.42.080
35.42.090
LEASES OF REAL OR PERSONAL PROPERTY OR
PROPERTY RIGHTS WITH OR WITHOUT OPTION
TO PURCHASE—1963 ACT
35.42.200
35.42.210
35.42.220
Leases authorized—Ballot proposition.
Exercise of option to purchase.
Budgeting rental payments—Bids—Construction of agreement where rental equals purchase price.
LEASING OF SPACE WITH OPTION
TO PURCHASE—1959 ACT
35.42.010 Purpose. It is the purpose of RCW 35.42.010
through 35.42.090 to supplement existing law for the leasing
of space by cities and towns to provide for the leasing of such
space through leases with an option to purchase and the
acquisition of buildings erected upon land owned by a city or
town upon the expiration of a lease of such land. [1965 c 7 §
35.42.010. Prior: 1959 c 80 § 1.]
35.42.010
35.42.020 Building defined. The term "building" as
used in RCW 35.42.010 through 35.42.090 shall be construed
to mean any building or buildings used as a part of, or in connection with, the operation of a city or town, and shall include
the site and appurtenances, including but not limited to, heating facilities, water supply, sewage disposal, landscaping,
walks, and drives. [1965 c 7 § 35.42.020. Prior: 1959 c 80 §
2.]
35.42.020
(2010 Ed.)
35.42.060 Execution of lease prior to construction—
Lessor’s bond—City not obligated for construction costs.
A city or town may, in anticipation of the acquisition of a site
and the construction of a building, execute a lease, as lessee,
prior to the actual acquisition of a site and the construction of
a building, but the lease shall not require payment of rental by
the lessee until the building is ready for occupancy. The lessor shall furnish a bond satisfactory to the lessee conditioned
on the delivery of possession of the completed building to the
lessee city or town at the time prescribed in the lease,
unavoidable delay excepted. The lease shall provide that no
part of the cost of construction of the building shall ever
become an obligation of the lessee city or town. [1965 c 7 §
35.42.060. Prior: 1959 c 80 § 6.]
35.42.060
35.42.070 Lease of city land for building purposes
and lease back of building by city. Any city or town desiring to have a building for its use erected on land owned, or to
be acquired, by it, may, as lessor, lease the land for a reasonable rental for a term of not to exceed fifty years: PROVIDED, That the city or town shall lease back the building or
a portion thereof for the same term. The leases shall contain
terms as agreed upon between the parties, and shall include
the following provisions:
(1) No part of the cost of construction of the building
shall ever be or become an obligation of the city or town.
(2) The city or town shall have a prior right to occupy
any or all of the building upon payment of rental as agreed
upon by the parties, which rental shall not exceed prevailing
rates for comparable space.
(3) During any time that all or any portion of the building
is not required for occupancy by the city or town, the lessee
of the land may rent the unneeded portion to suitable tenants
approved by the city or town.
35.42.070
[Title 35 RCW—page 159]
35.42.080
Title 35 RCW: Cities and Towns
(4) Upon the expiration of the lease, all buildings and
improvements on the land shall become the property of the
city or town. [1965 c 7 § 35.42.070. Prior: 1959 c 80 § 7.]
35.42.080 Lease of city land for building purposes
and lease back of building by city—Bids. A lease and lease
back agreement requiring a lessee to build on city or town
property shall be made pursuant to a call for bids upon terms
most advantageous to the city or town. The call for bids shall
be given by posting notice thereof in a public place in the city
or town and by publication in the official newspaper of the
city or town once each week for two consecutive weeks
before the date fixed for opening the bids. The city council or
commission of the city or town may by resolution reject all
bids and make further calls for bids in the same manner as the
original call. If no bid is received on the first call, the city
council or commission may readvertise and make a second
call, or may execute a lease without any further call for bids.
[1985 c 469 § 28; 1965 c 7 § 35.42.080. Prior: 1959 c 80 § 8.]
35.42.080
35.42.090 Leases exempted from certain taxes. All
leases executed pursuant to RCW 35.42.010 through
35.42.090 shall be exempt from the tax imposed by chapter
19, Laws of 1951 second extraordinary session, as amended,
and *chapter 82.45 RCW; section 5, chapter 389, Laws of
1955, and RCW 82.04.040; and section 9, chapter 178, Laws
of 1941, and RCW 82.08.090, and by rules and regulations of
the department of revenue issued pursuant thereto. [1975 1st
ex.s. c 278 § 22; 1965 c 7 § 35.42.090. Prior: 1959 c 80 § 9.]
35.42.090
*Reviser’s note: This internal reference has been changed from chapter
28A.45 RCW to chapter 82.45 RCW in accordance with 1981 c 148 § 13 and
1981 c 93 § 2. See note following RCW 82.45.010.
Additional notes found at www.leg.wa.gov
LEASES OF REAL OR PERSONAL PROPERTY OR
PROPERTY RIGHTS WITH OR WITHOUT
OPTION TO PURCHASE—1963 ACT
35.42.200 Leases authorized—Ballot proposition.
Any city or town may execute leases for a period of years
with or without an option to purchase with the state or any of
its political subdivisions, with the government of the United
States, or with any private party for the lease of any real or
personal property, or property rights: PROVIDED, That with
respect only to leases that finance the acquisition of property
by the lessee, the aggregated portions of lease payments over
the term of the lease which are allocable to principal shall
constitute debt, which shall not result in a total indebtedness
in excess of one and one-half percent of the taxable property
of such city or town computed in accordance with RCW
39.36.030, unless a proposition in regard to whether or not
such a lease may be executed is submitted to the voters for
their approval or rejection in the same manner that bond
issues for capital purposes are submitted, and the voters
approve the same. [1990 c 205 § 1; 1965 c 7 § 35.42.200.
Prior: 1963 c 170 § 1.]
35.42.200
35.42.210 Exercise of option to purchase. If at the
time an option to purchase is exercised the remaining amount
to be paid in order to purchase the real or personal property
leased after crediting the rental payments toward the total
35.42.210
[Title 35 RCW—page 160]
purchase price therefor does not result in a total indebtedness
in excess of one and one-half percent of the taxable property
of such city or town computed in accordance with RCW
39.36.030, such a city or town may exercise its option to purchase such property. If such remaining amount to be paid to
purchase such leased property will result in a total indebtedness in excess of one and one-half percent of the taxable
property of such city or town, a proposition in regard to
whether or not to purchase the property shall be submitted to
the voters for approval or rejection in the same manner that
bond issues for capital purposes are submitted to the voters.
[1965 c 7 § 35.42.210. Prior: 1963 c 170 § 2.]
35.42.220 Budgeting rental payments—Bids—Construction of agreement where rental equals purchase
price. The annual budget of a city shall provide for the payment of rental that falls due in the year for which the budget
is applicable: PROVIDED, That if the cost of the real or personal property to be leased exceeds the amounts specified in
RCW 35.23.352 prior to the execution of a lease with option
to purchase therefor, the city or town shall call for bids in
accordance with RCW 35.23.352: PROVIDED, That if at the
expiration of a lease with option to purchase a city or town
exercises such an option, the fact that the rental payments
theretofore made equal the amount of the purchase price of
the real or personal property involved in such lease shall not
preclude the agreement from being a lease with option to purchase up to the date of the exercising of the option. [1965 c 7
§ 35.42.220. Prior: 1963 c 170 § 3.]
35.42.220
Chapter 35.43 RCW
LOCAL IMPROVEMENTS—AUTHORITY—
INITIATION OF PROCEEDINGS
Chapter 35.43
Sections
35.43.005
35.43.010
35.43.020
35.43.030
35.43.035
35.43.040
35.43.042
35.43.043
35.43.045
35.43.050
35.43.060
35.43.070
35.43.075
35.43.080
35.43.100
35.43.110
35.43.120
35.43.125
35.43.130
35.43.140
35.43.150
35.43.180
35.43.182
35.43.184
35.43.186
35.43.188
35.43.190
35.43.200
Municipal local improvement statutes applicable to public corporations.
Terms defined.
Construction.
Charters superseded—Application—Ordinances—Districts
outside city authorized, within city authorized for transportation and infrastructure purposes.
Creation of district outside city subject to review by boundary
review board.
Authority generally.
Authority to establish utility local improvement districts—
Procedure.
Conversion of local improvement district into utility local
improvement district.
Open canals or ditches—Safeguards.
Authority—Noncontinuous improvements.
Consolidated cities—Procedure.
Ordinance—Action on petition or resolution.
Petition for district outside city may be denied.
Ordinance—Creation of district.
Ordinance—Finality—Limitation upon challenging jurisdiction or authority to proceed.
Petition—Mandatory, when.
Petition—Requirements.
Petition—Notice and public hearing required.
Preliminary estimates and assessment roll.
Resolutions—Contents, publication—Hearing, by whom held.
Resolutions—Hearing upon—Notice.
Restraint by protest.
Waivers of protest—Recording—Limits on enforceability.
Preformation expenditures.
Credits for other assessments.
Assessment reimbursement accounts.
Work—By contract or by city or public corporation.
Street railways at expense of property benefited.
(2010 Ed.)
Local Improvements—Authority—Initiation of Proceedings
35.43.210
35.43.030
Street railways at expense of property benefited—Petition—
Assessment district.
Street railways at expense of property benefited—Assessment
of cost.
Street railways at expense of property benefited—Procedure.
Deferral of collection of assessments for economically disadvantaged persons—Authorized.
Service fees for sewers not constructed within ten years after
voter approval—Credit against future assessments, service
charges.
Sanitary sewer or potable water facilities—Notice to certain
property owners.
Settlement of Indian claims.
such chapters refers to improvements made by, ordered by,
owned by, operated by, constructed by, acquired by, or otherwise provided for or undertaken by a city or town or other
municipality, it shall be construed to refer also to improvements made by, ordered by, owned by, operated by, constructed by, acquired by, or otherwise provided for or undertaken by a public corporation. [1987 c 242 § 6.]
Assessment rolls, eminent domain improvements, objections to: RCW
8.12.330.
35.43.010 Terms defined. Whenever the words "city
council" or "town council" are used in this and the following
chapters relating to municipal local improvements, they shall
be construed to mean the council or other legislative body of
such city or town. Whenever the word "mayor" is used
therein, it shall be construed to mean the presiding officer of
said city or town. Whenever the words "installment" or
"installments" are used therein, they shall be construed to
include installment or installments of interest. Whenever the
words "local improvement," "local improvements," or
"municipal local improvements" are used therein, they shall
be construed to include improvements owned or operated by
a public corporation or by a public corporation and a city,
town, or another public corporation. Whenever the words
"public corporation" are used therein, they shall mean a public corporation, commission, or authority created pursuant to
RCW 35.21.730 through 35.21.755. [1987 c 242 § 2; 1965 c
7 § 35.43.010. Prior: 1925 ex.s. c 117 § 2; 1911 c 98 § 68;
RRS § 9421.]
35.43.220
35.43.230
35.43.250
35.43.260
35.43.270
35.43.280
Additional notes found at www.leg.wa.gov
35.43.010
Assessments
fire protection districts: RCW 52.20.010.
first-class cities, special: RCW 35.22.280(10).
local improvements, may be made by: State Constitution Art. 7 § 9.
public utility districts: RCW 54.16.160, 54.16.165.
Authority of cities to levy special taxes for: State Constitution Art. 7 § 9.
Bonds, savings and loan associations may invest in: RCW 33.24.080.
Bridges, elevated, ordinance ordering improvement: RCW 35.85.020.
Curbs along streets, construction, reconstruction and repair: Chapter 35.68
RCW.
Eminent domain: Chapter 8.12 RCW.
First-class cities, authority for special assessments: RCW 35.22.280 (10),
(13).
Foreclosure of assessments
curbs and gutter construction and repair: RCW 35.68.070.
sidewalk construction, second-class cities: RCW 35.70.090.
sidewalks and driveways across: RCW 35.68.070.
Local improvement districts
bridges, elevated: RCW 35.85.020.
metropolitan municipal corporations, effect on: RCW 35.58.500.
roadways, elevated: RCW 35.85.020.
subways: RCW 35.85.050.
tunnels: RCW 35.85.050.
viaducts: RCW 35.85.020.
water rights acquisition: RCW 35.92.220.
Metropolitan park districts, assessment against lands adjoining: RCW
35.61.220.
Parking, off-street facilities: RCW 35.86.020.
Pedestrian malls, financing: RCW 35.71.060.
Prepayment of taxes and assessments: RCW 35.21.650.
Additional notes found at www.leg.wa.gov
35.43.020 Construction. The rule that statutes in derogation of the common law are to be strictly construed shall
have no application to this and the following chapters relating
to municipal local improvements but the same shall be liberally construed for the purpose of carrying out the objects for
which intended. [1965 c 7 § 35.43.020. Prior: 1911 c 98 §
69; RRS § 9422.]
35.43.020
35.43.030 Charters superseded—Application—
Ordinances—Districts outside city authorized, within city
authorized for transportation and infrastructure purposes. This and the following chapters relating to municipal
local improvements shall supersede the provisions of the
charter of any city of the first class.
They shall apply to all incorporated cities and towns,
including unclassified cities and towns operating under special charters.
The council of each city and town shall pass such general
ordinance or ordinances as may be necessary to carry out
their provisions and thereafter all proceedings relating to
local improvements shall be conducted in accordance with
this and the following chapters relating to municipal local
improvements and the ordinance or ordinances of such city or
town.
Cities or towns may form local improvement districts or
utility local improvement districts composed entirely or in
part of unincorporated territory outside of such city or town’s
corporate limits in the manner provided in this chapter, or,
upon approval of the legislative authority of an adjoining city
or town, may form local improvement districts or utility local
35.43.030
Roadways, elevated, ordinance ordering improvement: RCW 35.85.020.
Sanitary fills: Chapter 35.73 RCW.
Second-class cities, providing for improvements: RCW 35.23.440(47).
Special assessments: State Constitution Art. 7 § 9.
Streets and alleys
agreements with county: RCW 35.77.020.
county furnishing construction and maintenance: RCW 35.77.020.
county use of road fund: RCW 35.77.030.
establishing grade, procedure: Chapter 35.73 RCW.
Subways, authority to construct: RCW 35.85.050.
Tunnels, authority to construct: RCW 35.85.050.
Unfit dwellings, assessments for: RCW 35.80.030(1)(h).
Viaducts, ordinance ordering improvement: RCW 35.85.020.
Water rights, acquisition of: RCW 35.92.220.
35.43.005 Municipal local improvement statutes
applicable to public corporations. The provisions of this
and the following chapters relating to municipal local
improvements apply to local improvements owned or operated by a public corporation or by a public corporation and a
city, town, or another public corporation as if they were
owned or operated by a city or town. Whenever a section in
35.43.005
(2010 Ed.)
[Title 35 RCW—page 161]
35.43.035
Title 35 RCW: Cities and Towns
improvement districts for transportation and infrastructure
purposes that are composed entirely or in part of territory
within that adjoining city or town. [2009 c 237 § 1; 1971
ex.s. c 116 § 4; 1967 c 52 § 2; 1965 c 7 § 35.43.030. Prior:
1963 c 56 § 1; prior: (i) 1911 c 98 § 60; 1899 c 146 § 1; RRS
§ 9413. (ii) 1911 c 98 § 67; RRS § 9420. (iii) 1911 c 98 § 71;
RRS § 9424.]
Effective date—2009 c 237: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 25, 2009]." [2009 c 237 § 2.]
Additional notes found at www.leg.wa.gov
35.43.035 Creation of district outside city subject to
review by boundary review board. The creation of a local
improvement district outside of the boundaries of a city or
town to provide water or sewer facilities may be subject to
potential review by a boundary review board under chapter
36.93 RCW. [1989 c 84 § 30.]
35.43.035
35.43.040 Authority generally. Whenever the public
interest or convenience may require, the legislative authority
of any city or town may order the whole or any part of any
local improvement including but not restricted to those, or
any combination thereof, listed below to be constructed,
reconstructed, repaired, or renewed and landscaping including but not restricted to the planting, setting out, cultivating,
maintaining, and renewing of shade or ornamental trees and
shrubbery thereon; may order any and all work to be done
necessary for completion thereof; and may levy and collect
special assessments on property specially benefited thereby
to pay the whole or any part of the expense thereof, viz:
(1) Alleys, avenues, boulevards, lanes, park drives, parkways, parking facilities, public places, public squares, public
streets, their grading, regrading, planking, replanking, paving, repaving, macadamizing, remacadamizing, graveling,
regraveling, piling, repiling, capping, recapping, or other
improvement; if the management and control of park drives,
parkways, and boulevards is vested in a board of park commissioners, the plans and specifications for their improvement must be approved by the board of park commissioners
before their adoption;
(2) Auxiliary water systems;
(3) Auditoriums, field houses, gymnasiums, swimming
pools, or other recreational, playground, museum, cultural, or
arts facilities or structures;
(4) Bridges, culverts, and trestles and approaches
thereto;
(5) Bulkheads and retaining walls;
(6) Dikes and embankments;
(7) Drains, sewers, and sewer appurtenances which as to
trunk sewers shall include as nearly as possible all the territory which can be drained through the trunk sewer and subsewers connected thereto;
(8) Escalators or moving sidewalks together with the
expense of operation and maintenance;
(9) Parks and playgrounds;
(10) Sidewalks, curbing, and crosswalks;
(11) Street lighting systems together with the expense of
furnishing electrical energy, maintenance, and operation;
(12) Underground utilities transmission lines;
35.43.040
[Title 35 RCW—page 162]
(13) Water mains, hydrants, and appurtenances which as
to trunk water mains shall include as nearly as possible all the
territory in the zone or district to which water may be distributed from the trunk water mains through lateral service and
distribution mains and services;
(14) Fences, culverts, syphons, or coverings or any other
feasible safeguards along, in place of, or over open canals or
ditches to protect the public from the hazards thereof;
(15) Roadbeds, trackage, signalization, storage facilities
for rolling stock, overhead and underground wiring, and any
other stationary equipment reasonably necessary for the operation of an electrified public streetcar line;
(16) Systems of surface, underground, or overhead railways, tramways, buses, or any other means of local transportation except taxis, and including passenger, terminal, station
parking, and related facilities and properties, and such other
facilities as may be necessary for passenger and vehicular
access to and from such terminal, station, parking, and related
fac ili ti es a n d p r o p ert ies , to g et h er w it h al l lan d s ,
rights-of-way, property, equipment, and accessories necessary for such systems and facilities;
(17) Convention center facilities or structures in cities
incorporated before January 1, 1982, with a population over
sixty thousand located in a county with a population over one
million, other than the city of Seattle. Assessments for purposes of convention center facilities or structures may be levied only to the extent necessary to cover a funding shortfall
that occurs when funds received from special excise taxes
imposed pursuant to chapter 67.28 RCW are insufficient to
fund the annual debt service for such facilities or structures,
and may not be levied on property exclusively maintained as
single-family or multifamily permanent residences whether
they are rented, leased, or owner occupied;
(18) Programs of aquatic plant control, lake or river restoration, or water quality enhancement. Such programs shall
identify all the area of any lake or river which will be
improved and shall include the adjacent waterfront property
specially benefited by such programs of improvements.
Assessments may be levied only on waterfront property
including any waterfront property owned by the department
of natural resources or any other state agency. Notice of an
assessment on a private leasehold in public property shall
comply with provisions of chapter 79.44 RCW. Programs
under this subsection shall extend for a term of not more than
five years; and
(19) Railroad crossing protection devices, including
maintenance and repair. Assessments for purposes of railroad crossing protection devices may not be levied on property owned or maintained by a railroad, railroad company,
street railroad, or street railroad company, as defined in RCW
81.04.010, or a regional transit authority as defined in RCW
81.112.020. [2009 c 435 § 1; 1997 c 452 § 16; 1989 c 277 §
1; 1985 c 397 § 1; 1983 c 291 § 1; 1981 c 17 § 1; 1969 ex.s.
c 258 § 1; 1965 c 7 § 35.43.040. Prior: 1959 c 75 § 1; 1957
c 144 § 2; prior: (i) 1911 c 98 § 1; RRS § 9352. (ii) 1945 c
190 § 1, part; 1915 c 168 § 6, part; 1913 c 131 § 1, part; 1911
c 98 § 6, part; Rem. Supp. 1945 § 9357, part. (iii) 1911 c 98
§ 15; RRS § 9367. (iv) 1911 c 98 § 58, part; RRS § 9411,
part.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
(2010 Ed.)
Local Improvements—Authority—Initiation of Proceedings
Additional notes found at www.leg.wa.gov
35.43.042 Authority to establish utility local
improvement districts—Procedure. Whenever the legislative authority of any city or town has provided pursuant to
law for the acquisition, construction, reconstruction, purchase, condemnation and purchase, addition to, repair, or
renewal of the whole or any portion of a:
(1) System for providing the city or town and the inhabitants thereof with water, which system includes as a whole
or as a part thereof water mains, hydrants or appurtenances
which are authorized subjects for local improvements under
RCW 35.43.040(13) or other law; or a
(2) System for providing the city or town with sewerage
and storm or surface water disposal, which system includes
as a whole or as a part thereof drains, sewers or sewer appurtenances which are authorized subjects for local improvements under RCW 35.43.040(7) or other law; or
(3) Off-street parking facilities; and
Has further provided in accordance with any applicable
provisions of the Constitution or statutory authority for the
issuance and sale of revenue bonds to pay the cost of all or a
portion of any such system, such legislative authority shall
have the authority to establish utility local improvement districts, and to levy special assessments on all property specially benefited by any such local improvement to pay in
whole or in part the damages or costs of any local improvements so provided for.
The initiation and formation of such utility local
improvement districts and the levying, collection and
enforcement of assessments shall be in the manner and subject to the same procedures and limitations as are now or
hereafter provided by law for the initiation and formation of
local improvement districts in cities and towns and the levying, collection and enforcement of assessments pursuant
thereto.
It must be specified in any petition or resolution initiating the formation of such a utility local improvement district
in a city or town and in the ordinance ordered pursuant
thereto, that the assessments shall be for the sole purpose of
payment into such revenue bond fund as may be specified by
the legislative authority for the payment of revenue bonds
issued to defray the cost of such system or facilities or any
portion thereof as provided for in this section.
Assessments in any such utility local improvement district may be made on the basis of special benefits up to but
not in excess of the total cost of the local improvements portion of any system or facilities payable by issuance of revenue bonds. No warrants or bonds shall be issued in any such
utility local improvement district, but the collection of interest and principal on all assessments in such utility local
improvement district, when collected, shall be paid into any
such revenue bond fund.
When in the petition or resolution for establishment of a
local improvement district and in the ordinance ordered pursuant thereto, it is specified or provided that the assessments
shall be for the sole purpose of payment into a revenue bond
fund for the payment of revenue bonds, then the local
improvement district shall be designated a "utility local
improvement district".
35.43.042
(2010 Ed.)
35.43.050
The provisions of chapters 35.45, 35.47 and 35.48 RCW
shall have no application to utility local improvement districts created under authority of this section. [1969 ex.s. c
258 § 2; 1967 c 52 § 1.]
Additional notes found at www.leg.wa.gov
35.43.043 Conversion of local improvement district
into utility local improvement district. The legislative
authority of any city or town may by ordinance convert any
then existing local improvement district into a utility local
improvement district at any time prior to the adoption of an
ordinance approving and confirming the final assessment roll
of such local improvement district. The ordinance so converting the local improvement district shall provide for the payment of the special assessments levied in that district into the
special fund established or to be established for the payment
of revenue bonds issued to defray the cost of the local
improvement in that district. [1967 c 52 § 28.]
35.43.043
Additional notes found at www.leg.wa.gov
35.43.045 Open canals or ditches—Safeguards.
Every city or town shall have the right of entry upon all irrigation, drainage, or flood control canal or ditch rights-of-way
within its limits for all purposes necessary to safeguard the
public from the hazards of such open canals or ditches, and
the right to cause to be constructed, installed, and maintained
upon or adjacent to such rights-of-way safeguards as provided in RCW 35.43.040: PROVIDED, That such safeguards must not unreasonably interfere with maintenance of
the canal or ditch or with the operation thereof. The city or
town, at its option, notwithstanding any laws to the contrary,
may require the irrigation, drainage, flood control, or other
district, agency, person, corporation, or association maintaining the canal or ditch to supervise the installation and construction of such safeguards, or to maintain the same. If such
option is exercised reimbursement must be made by the city
or town for all actual costs thereof. [1965 c 7 § 35.43.045.
Prior: 1959 c 75 § 2.]
35.43.045
Safeguarding open canals or ditches, assessments: RCW 35.43.040,
35.43.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400,
87.03.480, 87.03.526.
35.43.050 Authority—Noncontinuous improvements. When the legislative body of any city or town finds
that all of the property within a local improvement district or
utility local improvement district will be benefited by the
improvements as a whole, a local improvement district or
utility local improvement district may include adjoining, vicinal, or neighboring streets, avenues, and alleys or other
improvements even though the improvements thus made are
not connected or continuous. The assessment rates may be
ascertained on the basis of the special benefit of the improvements as a whole to the properties within the entire local
improvement district or utility local improvement district, or
on the basis of the benefit of each unit of the improvements to
the properties specially benefited by that unit, or the assessment rates may be ascertained by a combination of the two
bases. Where no finding is made by the legislative body as to
the benefit of the improvements as a whole to all of the property within a local improvement district or utility local
improvement district, the cost and expense of each continu35.43.050
[Title 35 RCW—page 163]
35.43.060
Title 35 RCW: Cities and Towns
ous unit of the improvements shall be ascertained separately,
as near as may be, and the assessment rates shall be computed
on the basis of the cost and expense of each unit. In the event
of the initiation of a local improvement district authorized by
this section or a utility local improvement district authorized
by this section, the legislative body may, in its discretion,
eliminate from the district any unit of the improvement which
is not connected or continuous and may proceed with the balance of the improvement within the local improvement district or utility local improvement district, as fully and completely as though the eliminated unit had not been included
within the improvement district, without the giving of any
notices to the property owners remaining within the district,
other than such notices as are required by the provisions of
this chapter to be given subsequent to such elimination.
[1985 c 397 § 2; 1967 c 52 § 3; 1965 c 7 § 35.43.050. Prior:
1957 c 144 § 14; prior: 1947 c 155 § 1, part; 1941 c 90 § 1,
part; 1915 c 168 § 2, part; 1911 c 98 § 13, part; Rem. Supp.
1947 § 9365, part.]
Additional notes found at www.leg.wa.gov
35.43.060 Consolidated cities—Procedure. The city
council of any city which is composed of two or more cities
or towns which have been or may hereafter be consolidated
may make and pass all resolutions, orders and ordinances
necessary for any assessment where the improvement was
made or was being made by a component city or town prior
to consolidation. [1965 c 7 § 35.43.060. Prior: 1911 c 98 §
64; RRS § 9417.]
35.43.060
35.43.070 Ordinance—Action on petition or resolution. A local improvement may be ordered only by an ordinance of the city or town council, pursuant to either a resolution or petition therefor. The ordinance must receive the affirmative vote of at least a majority of the members of the
council.
Charters of cities of the first class may prescribe further
limitations. In cities and towns other than cities of the first
class, the ordinance must receive the affirmative vote of at
least two-thirds of the members of the council if, prior to its
passage, written objections to its enactment are filed with the
city clerk by or on behalf of the owners of a majority of the
lineal frontage of the improvement and of the area within the
limits of the proposed improvement district. [1965 c 7 §
35.43.070. Prior: (i) 1911 c 98 § 8; RRS § 9359. (ii) 1911 c
98 § 66; RRS § 9419.]
35.43.070
35.43.075 Petition for district outside city may be
denied. Whenever the formation of a local improvement district or utility local improvement district which lies entirely
or in part outside of a city or town’s corporate limits is initiated by petition the legislative authority of the city or town
may by a majority vote deny the petition and refuse to form
the local improvement district or utility local improvement
district. [1967 c 52 § 4; 1965 c 7 § 35.43.075. Prior: 1963 c
56 § 3.]
35.43.075
Additional notes found at www.leg.wa.gov
35.43.080 Ordinance—Creation of district. Every
ordinance ordering a local improvement to be paid in whole
35.43.080
[Title 35 RCW—page 164]
or in part by assessments against the property specially benefited shall describe the improvement and establish a local
improvement district to be known as "local improvement district No. . . . .," or a utility local improvement district to be
known as "utility local improvement district No. . . . ." which
shall embrace as nearly as practicable all the property specially benefited by the improvement. [1969 ex.s. c 258 § 3;
1967 c 52 § 5; 1965 c 7 § 35.43.080. Prior: 1957 c 144 § 15;
prior: (i) 1947 c 155 § 1, part; 1941 c 90 § 1, part; 1915 c 168
§ 2, part; 1911 c 98 § 13, part; Rem. Supp. 1947 § 9365, part.
(ii) 1929 c 97 § 2; 1911 c 98 § 14; RRS § 9366.]
Additional notes found at www.leg.wa.gov
35.43.100 Ordinance—Finality—Limitation upon
challenging jurisdiction or authority to proceed. The
council may continue the hearing upon any petition or resolution provided for in this chapter and shall retain jurisdiction
thereof until it is finally disposed of. The action and decision
of the council as to all matters passed upon by it in relation to
any petition or resolution shall be final and conclusive. No
lawsuit whatsoever may be maintained challenging the jurisdiction or authority of the council to proceed with the
improvement and creating the local improvement district or
in any way challenging the validity thereof or any proceedings relating thereto unless that lawsuit is served and filed no
later than thirty days after the date of passage of the ordinance ordering the improvement and creating the district or,
when applicable, no later than thirty days after the expiration
of the thirty-day protest period provided in RCW 35.43.180.
[1969 ex.s. c 258 § 4; 1965 c 7 § 35.43.100. Prior: 1911 c 98
§ 19; RRS § 9371.]
35.43.100
35.43.110 Petition—Mandatory, when. Proceedings
to establish local improvement districts must be initiated by
petition in the following cases:
(1) Any local improvement payable in whole or in part
by special assessments which includes a charge for the cost
and expense of operation and maintenance of escalators or
moving sidewalks shall be initiated only upon a petition
signed by the owners of two-thirds of the lineal frontage upon
the improvement to be made and two-thirds of the area within
the limits of the proposed improvement district;
(2) If the management of park drives, parkways, and
boulevards of a city has been vested in a board of park commissioners or similar authority: PROVIDED, That the proceedings may be initiated by a resolution, if the ordinance is
passed at the request of the park board or similar authority
therefor specifying the particular drives, parkways, or boulevards, or portions thereof to be improved and the nature of the
improvement. [1981 c 313 § 10; 1965 c 7 § 35.43.110. Prior:
1957 c 144 § 3; prior: (i) 1911 c 98 § 58, part; RRS § 9411,
part. (ii) 1945 c 190 § 1, part; 1915 c 168 § 6, part; 1913 c 131
§ 1, part; 1911 c 98 § 6, part; Rem. Supp. 1945 § 9357, part.]
35.43.110
Additional notes found at www.leg.wa.gov
35.43.120 Petition—Requirements. Any local
improvement may be initiated upon a petition signed by the
owners of property aggregating a majority of the area within
the proposed district. The petition must briefly describe: (1)
The nature of the proposed improvement, (2) the territorial
35.43.120
(2010 Ed.)
Local Improvements—Authority—Initiation of Proceedings
extent of the proposed improvement, (3) what proportion of
the area within the proposed district is owned by the petitioners as shown by the records in the office of the county auditor, and (4) the fact that actual assessments may vary from
assessment estimates so long as they do not exceed a figure
equal to the increased true and fair value the improvement, or
street lighting, adds to the property.
If any of the property within the area of the proposed district stands in the name of a deceased person, or of any person
for whom a guardian has been appointed and not discharged,
the signature of the executor, administrator, or guardian, as
the case may be, shall be equivalent to the signature of the
owner of the property on the petition. The petition must be
filed with the clerk or with such other officer as the city or
town by charter or ordinance may require. [1989 c 243 § 1;
1981 c 323 § 1; 1969 ex.s. c 258 § 5; 1965 c 7 § 35.43.120.
Prior: 1957 c 144 § 6; prior: 1911 c 98 § 9, part; RRS § 9360,
part.]
35.43.125 Petition—Notice and public hearing
required. A public hearing shall be held on the creation of a
proposed local improvement district or utility local improvement district that is initiated by petition. Notice requirements
for this public hearing shall be the same as for the public
hearing on the creation of a proposed local improvement district or utility local improvement district that is initiated by
resolution. [1987 c 315 § 2.]
35.43.125
35.43.130 Preliminary estimates and assessment roll.
Upon the filing of a petition or upon the adoption of a resolution, as the case may be, initiating a proceeding for the formation of a local improvement district or utility local improvement district, the proper board, officer, or authority designated by charter or ordinance to make the preliminary
estimates and assessment roll shall cause an estimate to be
made of the cost and expense of the proposed improvement
and certify it to the legislative authority of the city or town
together with all papers and information in its possession
touching the proposed improvement, a description of the
boundaries of the district, and a statement of what portion of
the cost and expense of the improvement should be borne by
the property within the proposed district.
If the proceedings were initiated by petition the designated board, officer or authority shall also determine the sufficiency of the petition and whether the facts set forth therein
are true. If the petition is found to be sufficient and in all proceedings initiated by resolution of the legislative authority of
the city or town, the estimates must be accompanied by a diagram showing thereon the lots, tracts, and parcels of land and
other property which will be specially benefited by the proposed improvement and the estimated amount of the cost and
expense thereof to be borne by each lot, tract, or parcel of
land or other property: PROVIDED, That no such diagram
shall be required where such estimates are on file in the office
of the city engineer, or other designated city office, together
with a detailed copy of the preliminary assessment roll and
the plans and assessment maps of the proposed improvement.
For the purpose of estimating and levying local improvement assessments, the value of property of the United States,
of the state, or of any county, city, town, school district, or
35.43.130
(2010 Ed.)
35.43.140
other public corporation whose property is not assessed for
general taxes shall be computed according to the standards
afforded by similarly situated property which is assessed for
general taxes. [1983 c 303 § 1; 1967 c 52 § 6; 1965 c 7 §
35.43.130. Prior: 1957 c 144 § 7; prior: 1953 c 26 § 1. (i)
1911 c 98 § 9, part; RRS § 9360, part. (ii) 1929 c 97 § 1, part;
1911 c 98 § 10, part; RRS § 9361, part. (iii) 1949 c 28 § 1,
part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1,
part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 §
12, part; Rem. Supp. 1949 § 9363, part. (iv) 1927 c 209 § 4,
part; 1923 c 141 § 4, part; RRS § 9351-4, part.]
Additional notes found at www.leg.wa.gov
35.43.140 Resolutions—Contents, publication—
Hearing, by whom held. Any local improvement to be paid
for in whole or in part by the levy and collection of assessments upon the property within the proposed improvement
district may be initiated by a resolution of the city or town
council or other legislative authority of the city or town,
declaring its intention to order the improvement, setting forth
the nature and territorial extent of the improvement, containing a statement that actual assessments may vary from assessment estimates so long as they do not exceed a figure equal to
the increased true and fair value the improvement, or street
lighting, adds to the property, and notifying all persons who
may desire to object thereto to appear and present their objections at a time to be fixed therein.
In the case of trunk sewers and trunk water mains the resolution must describe the routes along which the trunk sewer,
subsewer and branches of trunk water main and laterals are to
be constructed.
In case of dikes or other structures to protect the city or
town or any part thereof from overflow or to open, deepen,
straighten, or enlarge watercourses, waterways and other
channels the resolution must set forth the place of commencement and ending thereof and the route to be used.
In the case of auxiliary water systems, or extensions
thereof or additions thereto for protection of the city or town
or any part thereof from fire, the resolution must set forth the
routes along which the auxiliary water system or extensions
thereof or additions thereto are to be constructed and specifications of the structures or works necessary thereto or forming a part thereof.
The resolution shall be published in at least two consecutive issues of the official newspaper of the city or town, the
first publication to be at least fifteen days before the day fixed
for the hearing.
The hearing herein required may be held before the city
or town council, or other legislative authority, or before a
committee thereof. The legislative authority of a city or town
may designate an officer to conduct the hearings. The committee or hearing officer shall report recommendations on the
resolution to the legislative authority for final action. [1994 c
71 § 2; 1989 c 243 § 2; 1985 c 469 § 29; 1984 c 203 § 1; 1965
c 7 § 35.43.140. Prior: 1957 c 144 § 8; prior: 1953 c 177 §
1. (i) 1929 c 97 § 1, part; 1911 c 98 § 10, part; RRS § 9361,
part. (ii) 1911 c 98 § 16, part; RRS § 9368, part. (iii) 1911 c
98 § 17, part; RRS § 9369, part. (iv) 1911 c 98 § 18, part;
RRS § 9370, part.]
35.43.140
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 165]
35.43.150
Title 35 RCW: Cities and Towns
35.43.150
35.43.150 Resolutions—Hearing upon—Notice.
Notice of the hearing upon a resolution declaring the intention of the legislative authority of a city or town to order an
improvement shall be given by mail at least fifteen days
before the day fixed for hearing to the owners or reputed
owners of all lots, tracts, and parcels of land or other property
to be specially benefited by the proposed improvement, as
shown on the rolls of the county assessor, directed to the
address thereon shown.
The notice shall set forth the nature of the proposed
improvement, the estimated cost, a statement that actual
assessments may vary from assessment estimates so long as
they do not exceed a figure equal to the increased true and fair
value the improvement, or street lighting, adds to the property, and the estimated benefits of the particular lot, tract, or
parcel. [1989 c 243 § 3; 1983 c 303 § 2; 1965 c 7 §
35.43.150. Prior: 1957 c 144 § 9; prior: 1929 c 97 § 1, part;
1911 c 98 § 10, part; RRS § 9361, part.]
35.43.182 Waivers of protest—Recording—Limits
on enforceability. If an owner of property enters into an
agreement with a city or town waiving the property owner’s
right under RCW 35.43.180 to protest formation of a local
improvement district, the agreement must specify the
improvements to be financed by the district and shall set forth
the effective term of the agreement, which shall not exceed
ten years. The agreement must be recorded with the auditor
of the county in which the property is located. It is against
public policy and void for an owner, by agreement, as a condition imposed in connection with proposed property development, or otherwise, to waive rights to object to the property
owner’s individual assessment (including the determination
of special benefits allocable to the property), or to appeal to
the superior court the decision of the city or town council
affirming the final assessment roll. [1988 c 179 § 8.]
35.43.182
Additional notes found at www.leg.wa.gov
35.43.184 Preformation expenditures. The city or
town engineer or other designated official may contract with
owners of real property to provide for payment by the owners
of the cost of the preparation of engineering plans, surveys,
studies, appraisals, legal services, and other expenses associated with improvements to be financed in whole or in part by
a local improvement district (not including the cost of actual
construction of such improvements), that the owners elect to
undertake. The contract may provide for reimbursement to
the owner of such costs from the proceeds of bonds issued by
the district after formation of a district under this chapter,
from assessments paid to the district as appropriate, or by a
credit in the amount of such costs against future assessments
assessed against such property under the district. Such reimbursement shall be made to the owner of the property at the
time of reimbursement. The contract shall also provide that
such costs shall not be reimbursed to the owner if a district to
construct the specified improvements (as the project may be
amended) is not formed within six years of the date of the
contract. The contract shall provide that any preformation
work shall be conducted only under the direction of the city
or town engineer or other appropriate city or town authority.
[1988 c 179 § 9.]
35.43.184
Additional notes found at www.leg.wa.gov
35.43.180
35.43.180 Restraint by protest. The jurisdiction of the
legislative authority of a city or town to proceed with any
local improvement initiated by resolution shall be divested by
a protest filed with the city or town council within thirty days
from the date of passage of the ordinance ordering the
improvement, signed by the owners of the property within the
proposed local improvement district or utility local improvement district subject to sixty percent or more of the total cost
of the improvement including federally-owned or other nonassessable property as shown and determined by the preliminary estimates and assessment roll of the proposed improvement district or, if all or part of the local improvement district
or utility local improvement district lies outside of the city or
town, such jurisdiction shall be divested by a protest filed in
the same manner and signed by the owners of property which
is within the proposed local improvement district or utility
local improvement district but outside the boundaries of the
city or town, and which is subject to sixty percent or more of
that part of the total cost of the improvement allocable to
property within the proposed local improvement district or
utility local improvement district but outside the boundaries
of the city or town, including federally-owned or other nonassessable property: PROVIDED, That such restraint by protest shall not apply to any of the following local improvements, if the legislative body finds and recites in the ordinance or resolution authorizing the improvement that such
improvement is necessary for the protection of the public
health and safety and such ordinance or resolution is passed
by unanimous vote of all members present: (1) Sanitary sewers or watermains where the health officer of the city or town,
or department of ecology, files with the legislative authority
a report showing the necessity for such improvement; and (2)
fire hydrants where the chief of the fire department files a
report showing the necessity for such improvement. [1983 c
303 § 3; 1967 c 52 § 8; 1965 c 58 § 2; 1965 c 7 § 35.43.180.
Prior: 1963 c 56 § 2; 1957 c 144 § 12; prior: 1949 c 28 § 1,
part; 1931 c 85 § 1, part; 1927 c 109 § 1, part; 1923 c 135 § 1,
part; 1921 c 128 § 1, part; 1915 c 168 § 1, part; 1911 c 98 §
12, part; Rem. Supp. 1949 § 9363, part.]
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 166]
Additional notes found at www.leg.wa.gov
35.43.186 Credits for other assessments. A city or
town ordering a local improvement upon which special
assessments on property specifically benefited by the
improvement are levied and collected, may provide as part of
the ordinance creating the local improvement district that
moneys paid or the cost of facilities constructed by a property
owner in the district in satisfaction of obligations under chapter 39.92 RCW, shall be credited against assessments due
from the owner of such property at the time the credit is
made, if those moneys paid or facilities constructed directly
defray the cost of the specified improvements under the district and if credit for such amounts is reflected in the final
assessment roll confirmed for the district. [1988 c 179 § 10.]
35.43.186
Additional notes found at www.leg.wa.gov
35.43.188 Assessment reimbursement accounts. A
city or town ordering a local improvement upon which spe35.43.188
(2010 Ed.)
Local Improvements—Authority—Initiation of Proceedings
cial assessments on property specifically benefitted by the
improvement are levied and collected, may provide as part of
the ordinance creating the local improvement district that the
payment of an assessment levied for the district on underdeveloped properties may be made by owners of other properties within the district, if they so elect, subject to terms of
reimbursement set forth in the ordinance. The terms for reimbursement shall require the owners of underdeveloped properties on whose behalf payments of assessments have been
made to reimburse all such assessment payments to the party
who made them when those properties are developed or redeveloped, together with interest at a rate specified in the ordinance. The ordinance may provide that reimbursement shall
be made on a one-time, lump sum basis, or may provide that
reimbursement shall be made over a period not to exceed five
years. The ordinance may provide that reimbursement shall
be made no later than the time of dissolution of the district, or
may provide that no reimbursement is due if the underdeveloped properties are not developed or redeveloped before the
dissolution of the district. Reimbursement amounts due from
underdeveloped properties under this section are liens upon
the underdeveloped properties in the same manner and with
like effect as assessments made under this chapter. For the
purposes of this section, "underdeveloped properties" may
include those properties that, in the discretion of the legislative body of the city or town, (1) are undeveloped or are not
developed to their highest and best use, and (2) are likely to
be developed or redeveloped before the dissolution of the district. [1988 c 179 § 11.]
Additional notes found at www.leg.wa.gov
35.43.190
35.43.190 Work—By contract or by city or public
corporation. All local improvements, the funds for the making of which are derived in whole or in part from assessments
upon property specially benefited shall be made by contract
on competitive bids whenever the estimated cost of such
improvement including the cost of materials, supplies, labor,
and equipment will exceed the sum of five thousand dollars.
The city, town, or public corporation may reject any and all
bids. The city, town, or public corporation itself may make
the local improvements if all the bids received exceed by ten
percent preliminary cost estimates prepared by an independent consulting engineer or registered professional engineer
retained for that purpose by the city, town, or public corporation. [1987 c 242 § 3; 1971 ex.s. c 116 § 6; 1965 c 7 §
35.43.190. Prior: 1911 c 98 § 59; RRS § 9412.]
Additional notes found at www.leg.wa.gov
35.43.200
35.43.200 Street railways at expense of property benefited. Any city or town in this state owning and operating a
municipal street railway over one hundred miles of track
shall have power to provide for purchasing, or otherwise
acquiring, or constructing and equipping surface, subway and
elevated street railways and extensions thereof, and to levy
and collect special assessments on property specially benefited thereby, for paying the cost and expense of the same or
any portion thereof, as hereinafter provided. [1965 c 7 §
35.43.200. Prior: 1923 c 176 § 1; RRS § 9425-1.]
(2010 Ed.)
35.43.250
35.43.210
35.43.210 Street railways at expense of property benefited—Petition—Assessment district. Any improvement
district created under RCW 35.43.200-35.43.230 shall be created only by ordinance defining its boundaries as specified
and described in the petition therefor and specifying the plan
or system therein provided for; and shall be initiated only
upon a petition therefor, specifying and describing the boundaries of such district and specifying the plan or system of proposed improvement, signed by the owners of at least sixty
percent of the lineal frontage upon the proposed improvement and of at least fifty percent of the area within the limits
of the proposed improvement district: PROVIDED, That the
city council may in its discretion reject any such petition.
[1965 c 7 § 35.43.210. Prior: 1923 c 176 § 2; RRS § 9425-2.]
35.43.220
35.43.220 Street railways at expense of property benefited—Assessment of cost. The cost and expense of any
such improvement shall be distributed and assessed against
all the property included in such local improvement district,
in accordance with the special benefits conferred thereon.
[1965 c 7 § 35.43.220. Prior: 1923 c 176 § 3; RRS § 9425-3.]
35.43.230
35.43.230 Street railways at expense of property benefited—Procedure. Except as herein otherwise provided all
matters and proceedings relating to such local improvement
district, the levying and collecting of assessments, the issuance and redemption of local improvement warrants and
bonds, and the enforcement of local assessment liens hereunder shall be governed by the laws relating to local improvements; and all matters and proceedings relating to the purchase, acquisition, or construction and equipment of the
improvement and the operation of the same hereunder and
the issuance and redemption of utility bonds and warrants, if
any, and the use of general or utility funds, if any, in connection with the purchase, acquisition, construction, equipping,
or operation of the improvement shall be governed by the
laws relating to municipal public utilities. [1965 c 7 §
35.43.230. Prior: 1923 c 176 § 4; RRS § 9425-4.]
35.43.250
35.43.250 Deferral of collection of assessments for
economically disadvantaged persons—Authorized. Any
city of the first class in this state ordering any local improvement upon which shall be levied and collected special assessments on property specifically benefited thereby may provide
as part of the ordinance creating any local improvement district that the collection of any assessment levied therefor may
be deferred until a time previous to the dissolution of the district for those economically disadvantaged property owners
or other persons who, under the terms of a recorded contract
of purchase, recorded mortgage, recorded deed of trust transaction or recorded lease are responsible under penalty of forfeiture, foreclosure or default as between vendor/vendee,
mortgagor/mortgagee, grantor and trustor/trustee and
grantee, and beneficiary and lendor, or lessor and lessee for
the payment of local improvement district assessments, and
in the manner specified in the ordinance qualify for such
deferment, upon assurance of property security for the payment thereof. [1972 ex.s. c 137 § 2.]
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 167]
35.43.260
Title 35 RCW: Cities and Towns
35.43.260 Service fees for sewers not constructed
within ten years after voter approval—Credit against
future assessments, service charges. Any municipal corporation, quasi municipal corporation, or political subdivision
which has the authority to install sewers by establishing local
improvement districts, which has charged and collected
monthly service fees for sewers, that have been authorized
and approved by the voters and have not been constructed for
a period of ten or more years since the voter approval, is
hereby authorized and directed to grant a credit against the
future assessment to be assessed at the time of actual completion of construction of the sewers for each parcel of real property in an amount equal in dollars to the total amount of service fees charged and collected since voter approval for each
such parcel, plus interest at six percent compounded annually: PROVIDED, That if such service fees and interest
exceed the future assessment for construction of the sewers,
such excess funds shall be used to defray future sewer service
charge fees.
It is the intent of the legislature that the provisions of this
section are procedural and remedial and shall have retroactive effect. [1977 c 72 § 3.]
35.43.260
35.43.270 Sanitary sewer or potable water facilities—Notice to certain property owners. Whenever it is
proposed that a local improvement district or utility local
improvement district finance sanitary sewers or potable water
facilities, additional notice of the public hearing on the proposed improvement district shall be mailed to the owners of
any property located outside of the proposed improvement
district that would be required as a condition of federal housing administration loan qualification, at the time of notice, to
be connected to the specific sewer or water facilities installed
by the local improvement district. The notice shall include
information about this restriction. [1987 c 315 § 1.]
35.43.270
35.43.280 Settlement of Indian claims. (1) The settlement of Indian land and other claims against public and private property owners is declared to be in the interest of public
health and safety, orderly government, environmental protection, economic development, and the social well-being of the
citizens of this state, and to specifically benefit the properties
released from those claims.
It is the purpose of chapter 4, Laws of 1989 1st ex. sess.
to encourage the settlement of such Indian land and other
claims lawsuits by permitting the establishment and use of
local improvement districts to finance all or a portion of the
settlement costs of such lawsuits.
(2) A local improvement district may be established by a
local government legislative authority to finance all or part of
the settlement costs in an Indian land and other claims settlement related to public and private property located within the
local government. The settlement of an Indian land claim
lawsuit shall be deemed to be an improvement that may be
financed in whole or in part through use of a local improvement district.
Except as expressly provided in this section, all matters
relating to the establishment and operation of such a local
improvement district, the levying and collection of special
assessments, the issuance of local improvement district
bonds and other obligations, and all related matters, shall be
35.43.280
[Title 35 RCW—page 168]
subject to the provisions of chapters 35.43 through 35.54
RCW. The resolution or petition initiating the creation of a
local improvement district used to finance all or a portion of
an Indian land and other claims settlement shall describe the
general nature of the Indian land and other claims and the
proposed settlement. The value of a contribution by any person, municipal corporation, political subdivision, or the state
of money, real property, or personal property to the settlement of Indian land and other claims shall be credited to any
assessment for a local improvement district under this section. [1989 1st ex.s. c 4 § 2.]
Additional notes found at www.leg.wa.gov
Chapter 35.44
Chapter 35.44 RCW
LOCAL IMPROVEMENTS—
ASSESSMENTS AND REASSESSMENTS
Sections
35.44.010
35.44.015
35.44.020
35.44.030
35.44.040
35.44.045
35.44.047
35.44.050
35.44.060
35.44.070
35.44.080
35.44.090
35.44.100
35.44.110
35.44.120
35.44.130
35.44.140
35.44.150
35.44.160
35.44.170
35.44.180
35.44.190
35.44.200
35.44.210
35.44.220
35.44.230
35.44.240
35.44.250
35.44.260
35.44.270
35.44.280
35.44.290
35.44.300
35.44.310
35.44.320
35.44.330
35.44.340
35.44.350
35.44.360
35.44.370
35.44.380
35.44.390
35.44.400
35.44.410
35.44.420
Assessment district—All property to be assessed—Basis.
Special benefit assessments for farm and agricultural land—
Exemption from assessments, etc.
Assessment district—Cost items to be included.
Assessment district—Zones.
Assessment rate per square foot.
Open canals or ditches—Safeguards—Ascertaining assessments.
Other methods of computing assessments may be used.
Assessment roll—Entry of assessments against property.
Assessment roll—Diagram on preliminary survey not conclusive.
Assessment roll—Filing—Hearing, date, by whom held.
Assessment roll—Notice of hearing.
Assessment roll—Notice—Mailing—Publication.
Assessment roll—Hearing—Objections—Authority of council.
Assessment roll—Objections—Timeliness.
Assessment roll—Amendment—Procedure.
City property—Assessment.
County property assessment.
Harbor area leaseholds—Assessment.
Leases on tidelands—Assessment.
Metropolitan park district property—Assessment.
Notices—Mailing—Proof.
Proceedings conclusive—Exceptions—Adjustments to assessments if other funds become available.
Procedure on appeal—Perfecting appeal.
Procedure on appeal—Notice of appeal.
Procedure on appeal—Bond.
Procedure on appeal—Transcript.
Procedure on appeal—Notice of hearing.
Procedure on appeal—Hearing by superior court.
Procedure on appeal—Appellate review.
Procedure on appeal—Certified copy of decision or order.
Reassessments—When authorized.
Reassessments—Basis—Property included.
Reassessments—Irregularities not fatal.
Reassessments—Amount thereof.
Reassessments—Credit for prior payments.
Reassessments—Payment.
Reassessments—Limitation of time for.
Reassessments, assessments on omitted property, supplemental assessments—Provisions governing.
Assessments on omitted property—Authority.
Assessments on omitted property—Resolution—Notice.
Assessments on omitted property—Confirmation ordinance—
Collection.
Supplemental assessments—When authorized.
Supplemental assessments—Limitation of time for.
Segregation of assessments.
Property donations—Credit against assessments.
Alternative method of assessment—Classification of property: RCW
35.51.030.
Assessments and charges against state lands: Chapter 79.44 RCW.
Deferral of special assessments: Chapter 84.38 RCW.
(2010 Ed.)
Local Improvements—Assessments and Reassessments
35.44.010 Assessment district—All property to be
assessed—Basis. All property included within the limits of a
local improvement district or utility local improvement district shall be considered to be the property specially benefited
by the local improvement and shall be the property to be
assessed to pay the cost and expense thereof or such part
thereof as may be chargeable against the property specially
benefited. The cost and expense shall be assessed upon all the
property in accordance with the special benefits conferred
thereon. [1985 c 397 § 3; 1967 c 52 § 9; 1965 c 7 §
35.44.010. Prior: 1957 c 144 § 16; prior: 1947 c 155 § 1,
part; 1941 c 90 § 1, part; 1915 c 168 § 2, part; 1911 c 98 § 13,
part; Rem. Supp. 1947 § 9365, part.]
35.44.010
Additional notes found at www.leg.wa.gov
35.44.015 Special benefit assessments for farm and
agricultural land—Exemption from assessments, etc.
See RCW 84.34.300 through 84.34.380 and 84.34.922.
35.44.015
35.44.020 Assessment district—Cost items to be
included. There shall be included in the cost and expense of
every local improvement for assessment against the property
in the district created to pay the same, or any part thereof:
(1) The cost of all of the construction or improvement
authorized for the district including, but not limited to, that
portion of the improvement within the street intersections;
(2) The estimated cost and expense of all engineering
and surveying necessary for the improvement done under the
supervision of the city or town engineer;
(3) The estimated cost and expense of ascertaining the
ownership of the lots or parcels of land included in the assessment district;
(4) The estimated cost and expense of advertising, mailing, and publishing all necessary notices;
(5) The estimated cost and expense of accounting, clerical labor, and of books and blanks extended or used on the
part of the city or town clerk and city or town treasurer in
connection with the improvement;
(6) All cost of the acquisition of rights-of-way, property,
easements, or other facilities or rights, including without limitation rights to use property, facilities, or other improvements appurtenant, related to, and/or useful in connection
with the local improvement, whether by eminent domain,
purchase, gift, payment of connection charges, capacity
charges, or other similar charges or in any other manner;
(7) The cost for legal, financial, and appraisal services
and any other expenses incurred by the city, town, or public
corporation for the district or in the formation thereof, or by
the city, town, or public corporation in connection with such
construction or improvement and in the financing thereof,
including the issuance of any bonds and the cost of providing
for increases in the local improvement guaranty fund, or providing for a separate reserve fund or other security for the
payment of principal of and interest on such bonds.
Any of the costs set forth in this section may be excluded
from the cost and expense to be assessed against the property
in such local improvement district and may be paid from any
other moneys available therefor if the legislative body of the
city or town so designates by ordinance at any time. [1995 c
382 § 1; 1987 c 242 § 4; 1985 c 397 § 4; 1971 ex.s. c 116 § 8;
35.44.020
(2010 Ed.)
35.44.040
1969 ex.s. c 258 § 6; 1965 c 7 § 35.44.020. Prior: 1955 c 364
§ 1; 1911 c 98 § 55; RRS § 9408.]
Additional notes found at www.leg.wa.gov
35.44.030 Assessment district—Zones. For the purpose of ascertaining the amount to be assessed against each
separate lot, tract, parcel of land or other property therein, the
local improvement district or utility local improvement district shall be divided into subdivisions or zones paralleling
the margin of the street, avenue, lane, alley, boulevard, park
drive, parkway, public place or public square to be improved,
numbered respectively first, second, third, fourth, and fifth.
The first subdivision shall include all lands within the
district lying between the street margins and lines drawn parallel therewith and thirty feet therefrom.
The second subdivision shall include all lands within the
district lying between lines drawn parallel with and thirty and
sixty feet respectively from the street margins.
The third subdivision shall include all lands within the
district lying between lines drawn parallel with and sixty and
ninety feet respectively from the street margins.
The fourth subdivision shall include all lands, if any,
within the district lying between lines drawn parallel with
and ninety and one hundred twenty feet respectively from the
street margins.
The fifth subdivision shall include all lands, if any,
within the district lying between a line drawn parallel with
and one hundred twenty feet from the street margin and the
outer limit of the improvement district. [1967 c 52 § 10; 1965
c 7 § 35.44.030. Prior: 1957 c 144 § 17; prior: 1947 c 155 §
1, part; 1941 c 90 § 1, part; 1915 c 168 § 2, part; 1911 c 98 §
13, part; Rem. Supp. 1947 § 9365, part.]
35.44.030
Additional notes found at www.leg.wa.gov
35.44.040 Assessment rate per square foot. The rate
of assessment per square foot in each subdivision of an
improvement district shall be fixed on the basis that the special benefits conferred on a square foot of land in subdivisions first, second, third, fourth and fifth, respectively, are
related to each other as are the numbers, forty-five, twentyfive, twenty, ten, and five, respectively, and shall be ascertained in the following manner:
(1) The products of the number of square feet in subdivisions first, second, third, fourth, and fifth, respectively, and
the numbers forty-five, twenty-five, twenty, ten, and five,
respectively, shall be ascertained;
(2) The aggregate sum thereof shall be divided into the
total cost and expense of the improvement;
(3) The resultant quotient multiplied by forty-five,
twenty-five, twenty, ten, and five, respectively, shall be the
respective rate of assessment per square foot for subdivisions
first, second, third, fourth and fifth: PROVIDED, That in lieu
of the above formula the rate of assessment per square foot in
each subdivision of an improvement district may be fixed on
the basis that the special benefits conferred on a square foot
of land in subdivisions first, second, third, fourth and fifth,
respectively, are related to each other as are the numbers
0.015000, 0.008333, 0.006666, 0.003333, and 0.001666,
respectively; and the method of determining the assessment
35.44.040
[Title 35 RCW—page 169]
35.44.045
Title 35 RCW: Cities and Towns
on each lot, tract, or parcel of land in the improvement district
may be ascertained in the following manner:
(1) The products of the number of square feet in subdivisions first, second, third, fourth and fifth, respectively, for
each lot, tract or parcel of land in the improvement district
and the numbers 0.015000, 0.008333, 0.006666, 0.003333
and 0.001666, respectively, shall be ascertained. The sum of
all such products for each such lot, tract or parcel of land shall
be the number of "assessable units of frontage" therein;
(2) The rate for each assessable unit of frontage shall be
determined by dividing that portion of the total cost of the
improvement representing special benefits by the aggregate
sum of all assessable units of frontage;
(3) The assessment for each lot, tract or parcel of land in
the improvement district shall be the product of the assessable units of frontage therefor, multiplied by the rate per
assessable unit of frontage. [1965 c 7 § 35.44.040. Prior:
1957 c 144 § 18; prior: 1947 c 155 § 1, part; 1941 c 90 § 1,
part; 1915 c 168 § 2, part; 1911 c 98 § 13, part; Rem. Supp.
1947 § 9365, part.]
35.44.045 Open canals or ditches—Safeguards—
Ascertaining assessments. As an alternative to other methods of ascertaining assessments for local improvements, in a
local improvement district established for safeguarding open
canals or ditches, the district may be sectioned into subdivisions or zones paralleling the canal or ditch, numbered
respectively, first, second, third and fourth. Each subdivision
shall be equal to one-quarter of the width of the district as
measured back from the margin of the canal right-of-way.
The rate of assessment per square foot in each subdivision so
formed shall be fixed on the basis that the special benefits
conferred on a square foot of land in subdivisions first, second, third, and fourth, respectively, are related to each other
as are the numbers, forty, thirty, twenty, and ten, respectively, and shall be ascertained in the following manner:
(1) The products of the number of square feet in subdivisions first, second, third, and fourth, respectively, and the
numbers forty, thirty, twenty, and ten, respectively, shall be
ascertained;
(2) The aggregate sum thereof shall be divided into the
total cost and expense of the local improvement;
(3) The resultant quotient multiplied by forty, thirty,
twenty, and ten, respectively, shall be the respective rate of
assessment per square foot for each subdivision. [1965 c 7 §
35.44.045. Prior: 1959 c 75 § 3.]
35.44.045
Safeguarding open canals or ditches, assessments: RCW 35.43.040,
35.43.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400,
87.03.480, 87.03.526.
35.44.047 Other methods of computing assessments
may be used. Notwithstanding the methods of assessment
provided in RCW 35.44.030, 35.44.040 and 35.44.045, the
city or town may use any other method or combination of
methods to compute assessments which may be deemed to
more fairly reflect the special benefits to the properties being
assessed. The failure of the council to specifically recite in its
ordinance ordering the improvement and creating the local
improvement district that it will not use the zone and termini
method of assessment shall not invalidate the use of any other
method or methods of assessment. [1969 ex.s. c 258 § 7.]
35.44.050 Assessment roll—Entry of assessments
against property. The total assessment thus ascertained
against each separate lot, tract, parcel of land, or other property in the district shall be entered upon the assessment roll as
the amount to be levied and assessed against each separate
lot, tract, parcel of land, or other property. [1965 c 7 §
35.44.050. Prior: 1957 c 144 § 19; prior: 1947 c 155 § 1,
part; 1941 c 90 § 1, part; 1915 c 168 § 2, part; 1911 c 98 § 13,
part; Rem. Supp. 1947 § 9365, part.]
35.44.050
35.44.060 Assessment roll—Diagram on preliminary
survey not conclusive. The diagram or print directed to be
submitted to the council shall be in the nature of a preliminary determination by the designated administrative board,
officer, or authority upon the method and relative estimated
amounts of assessments to be levied upon the property specially benefited by the improvement and shall not be binding
or conclusive in any way upon the board, officer, or authority
in the preparation of the assessment roll for the improvement
or upon the council in any hearing affecting the assessment
roll. [1965 c 7 § 35.44.060. Prior: 1911 c 98 § 11; RRS §
9362.]
35.44.060
35.44.070 Assessment roll—Filing—Hearing, date,
by whom held. The assessment roll for local improvements
when prepared as provided by law shall be filed with the city
or town clerk. The council or other legislative authority shall
thereupon fix a date for a hearing thereon before such legislative authority or may direct that the hearing shall be held
before a committee thereof or the legislative authority of any
city or town may designate an officer to conduct such hearings. The committee or officer designated shall hold a hearing on the assessment roll and consider all objections filed
following which the committee or officer shall make recommendations to such legislative authority which shall either
adopt or reject the recommendations of the committee or
officer. If a hearing is held before such a committee or officer
it shall not be necessary to hold a hearing on the assessment
roll before such legislative authority. A local ordinance shall
provide for an appeal by any person protesting his or her
assessment to the legislative authority of a decision made by
such officer. The same procedure may if so directed by such
legislative authority be followed with respect to any assessment upon the roll which is raised or changed to include
omitted property. Such legislative authority shall direct the
clerk to give notice of the hearing and of the time and place
thereof. [1994 c 71 § 1; 1979 ex.s. c 100 § 1; 1965 c 7 §
35.44.070. Prior: 1953 c 177 § 2; 1929 c 97 § 3, part; 1911 c
98 § 21, part; RRS § 9373, part.]
35.44.070
35.44.047
[Title 35 RCW—page 170]
35.44.080 Assessment roll—Notice of hearing. The
notice of hearing upon the assessment roll shall specify the
time and place of hearing and shall notify all persons who
may desire to object thereto:
(1) To make their objections in writing and to file them
with the city or town clerk at or prior to the date fixed for the
hearing;
(2) That at the time and place fixed and at times to which
the hearing may be adjourned, the council will sit as a board
of equalization for the purpose of considering the roll; and
35.44.080
(2010 Ed.)
Local Improvements—Assessments and Reassessments
(3) That at the hearing the council or committee or
officer will consider the objections made and will correct,
revise, raise, lower, change, or modify the roll or any part
thereof or set aside the roll and order the assessment to be
made de novo.
Following the hearing the council shall confirm the roll
by ordinance. [1979 ex.s. c 100 § 2; 1965 c 7 § 35.44.080.
Prior: 1929 c 97 § 3, part; 1911 c 98 § 21, part; RRS § 9373,
part.]
35.44.180
or town. The proceeds of such a portion of the tax levy shall
be placed in a separate fund to be known as the "city (or
town) property assessments redemption fund" and by the city
or town treasurer inviolably applied in payment of any
unpaid assessment liens on any lands belonging to the city or
town. [1965 c 7 § 35.44.130. Prior: (i) 1929 c 183 § 1; 1909
c 130 § 1; RRS § 9344. (ii) 1929 c 183 § 2, part; 1909 c 130
§ 2, part; RRS § 9345, part.]
35.44.140 County property assessment. All lands
held or owned by any county in fee simple, in trust, or otherwise within the limits of a local improvement district or utility local improvement district of a city or town shall be
assessed and charged for their proportion of the cost of the
local improvement in the same manner as other property in
the district and the county commissioners are authorized to
cause the assessments to be paid at the times and in the manner provided by law and the ordinances of the city or town.
This section shall apply to all cities and towns, any charter or
ordinance provision to the contrary notwithstanding. [1971
ex.s. c 116 § 9; 1967 c 52 § 11; 1965 c 7 § 35.44.140. Prior:
(i) 1905 c 29 § 1; RRS § 9340. (ii) 1907 c 61 § 1; 1905 c 29 §
2; RRS § 9341. (iii) 1929 c 139 § 2; 1905 c 29 § 4; RRS §
9343.]
35.44.140
35.44.090 Assessment roll—Notice—Mailing—Publication. At least fifteen days before the date fixed for hearing, notice thereof shall be mailed to the owner or reputed
owner of the property whose name appears on the assessment
roll, at the address shown on the tax rolls of the county treasurer for each item of property described on the list. In addition thereto the notice shall be published at least once a week
for two consecutive weeks in the official newspaper of the
city or town, the last publication to be at least fifteen days
before the date fixed for hearing. [1986 c 278 § 48; 1985 c
469 § 30; 1965 c 7 § 35.44.090. Prior: 1929 c 97 § 3, part;
1911 c 98 § 21, part; RRS § 9373, part.]
35.44.090
Additional notes found at www.leg.wa.gov
35.44.100 Assessment roll—Hearing—Objections—
Authority of council. At the time fixed for hearing objections to the confirmation of the assessment roll, and at the
times to which the hearing may be adjourned, the council
may correct, revise, raise, lower, change, or modify the roll or
any part thereof, or set aside the roll and order the assessment
to be made de novo and at the conclusion thereof confirm the
roll by ordinance. [1965 c 7 § 35.44.100. Prior: 1929 c 97 §
3, part; 1911 c 98 § 21, part; RRS § 9373, part.]
35.44.100
35.44.110 Assessment roll—Objections—Timeliness.
All objections to the confirmation of the assessment roll shall
state clearly the grounds of objections. Objections not made
within the time and in the manner prescribed in this chapter
shall be conclusively presumed to have been waived. [1965
c 7 § 35.44.110. Prior: 1929 c 97 § 3, part; 1911 c 98 § 21,
part; RRS § 9373, part.]
35.44.110
35.44.120 Assessment roll—Amendment—Procedure. If an assessment roll is amended so as to raise any
assessment appearing thereon or to include omitted property,
a new time and place for hearing shall be fixed and a new
notice of hearing on the roll given as in the case of an original
hearing: PROVIDED, That as to any property originally
entered upon the roll the assessment upon which has not been
raised, no objections to confirmation of the assessment roll
shall be considered by the council or by any court on appeal
unless the objections were made in writing at or prior to the
date fixed for the original hearing upon the assessment roll.
[1965 c 7 § 35.44.120. Prior: 1929 c 97 § 3, part; 1911 c 98
§ 21, part; RRS § 9373, part.]
35.44.120
Additional notes found at www.leg.wa.gov
35.44.150 Harbor area leaseholds—Assessment. All
leasehold rights and interests of private individuals, firms or
corporations in or to harbor areas located within the limits of
a city or town are declared to be real property for the purpose
of assessment for the payment of the cost of local improvements. They may be assessed and reassessed in accordance
with the special benefits received, which shall be limited to
benefits accruing during the term of the lease, to the property
subject to lease immediately abutting upon the improvement
and extending one-half block therefrom not exceeding, however, three hundred fifty feet. [1965 c 7 § 35.44.150. Prior:
1915 c 134 § 1; RRS § 9364.]
35.44.150
35.44.160 Leases on tidelands—Assessment. All
leases of tidelands owned in fee by the state are declared to be
real property for the purpose of assessment for the payment
of the cost of local improvements. [1965 c 7 § 35.44.160.
Prior: 1911 c 98 § 56; RRS § 9409.]
35.44.160
35.44.170 Metropolitan park district property—
Assessment. All lands held by a metropolitan park district in
fee simple, in trust, or otherwise within the limits of a local
improvement district in a city or town shall be assessed and
charged for their proportion of the cost of all local improvements in the same manner as other property in the district.
[1965 c 7 § 35.44.170. Prior: (i) 1929 c 204 § 1; RRS § 93431. (ii) 1929 c 204 § 2; RRS § 9343-2.]
35.44.170
35.44.180 Notices—Mailing—Proof. The mailing of
any notice required in connection with municipal local
improvements shall be conclusively proved by the written
certificate of the officer, board, or authority directed by the
provisions of the charter or ordinance of a city or town to give
35.44.180
35.44.130 City property—Assessment. Every city and
town shall include in its annual tax levy an amount sufficient
to pay all unpaid assessments with all interest, penalties, and
charges thereon levied against all lands belonging to the city
35.44.130
(2010 Ed.)
[Title 35 RCW—page 171]
35.44.190
Title 35 RCW: Cities and Towns
the notice. [1965 c 7 § 35.44.180. Prior: 1929 c 97 § 4; RRS
§ 9373-1.]
35.44.190 Proceedings conclusive—Exceptions—
Adjustments to assessments if other funds become available. Whenever any assessment roll for local improvements
has been confirmed by the council, the regularity, validity,
and correctness of the proceedings relating to the improvement and to the assessment therefor, including the action of
the council upon the assessment roll and the confirmation
thereof shall be conclusive in all things upon all parties. They
cannot in any manner be contested or questioned in any proceeding by any person unless he or she filed written objections to the assessment roll in the manner and within the time
required by the provisions of this chapter and unless he or she
prosecutes his or her appeal in the manner and within the time
required by the provisions of this chapter.
No proceeding of any kind shall be commenced or prosecuted for the purpose of defeating or contesting any assessment or the sale of any property to pay an assessment or any
certificate of delinquency issued therefor, or the foreclosure
of any lien therefor, except that injunction proceedings may
be brought to prevent the sale of any real estate upon the
ground (1) that the property about to be sold does not appear
upon the assessment roll or, (2) that the assessment has been
paid.
If federal, local, or state funds become available for a
local improvement after the assessment roll has been confirmed by the city legislative authority, the funds may be used
to lower the assessments on a uniform basis. Any adjustments to the assessments because of the availability of federal or state funds may be made on the next annual payment.
[2009 c 549 § 2077; 1985 c 397 § 9; 1965 c 7 § 35.44.190.
Prior: 1911 c 98 § 23; RRS § 9375.]
35.44.190
Additional notes found at www.leg.wa.gov
35.44.200 Procedure on appeal—Perfecting appeal.
The decision of the council or other legislative body, upon
any objections made in the manner and within the time herein
prescribed, shall be final and conclusive, subject however to
review by the superior court upon appeal. The appeal shall be
made by filing written notice of appeal with the city or town
clerk and with the clerk of the superior court of the county in
which the city or town is situated. [1965 c 7 § 35.44.200.
Prior: 1957 c 143 § 2; prior: 1911 c 98 § 22, part; RRS §
9374, part.]
35.44.200
35.44.210 Procedure on appeal—Notice of appeal.
The notice of appeal must be filed within ten days after the
ordinance confirming the assessment roll becomes effective
and shall describe the property and set forth the objections of
the appellant to the assessment. [1965 c 7 § 35.44.210. Prior:
1957 c 143 § 3; prior: 1911 c 98 § 22, part; RRS § 9374,
part.]
35.44.210
35.44.220 Procedure on appeal—Bond. At the time of
filing the notice of appeal with the clerk of the superior court,
the appellant shall execute and file with him or her a sufficient bond in the penal sum of two hundred dollars, with at
least two sureties to be approved by the judge of the court,
35.44.220
[Title 35 RCW—page 172]
conditioned to prosecute the appeal without delay and, if
unsuccessful, to pay all reasonable costs and expenses which
the city or town incurs by reason of the appeal. Upon application therefor, the court may order the appellant to execute
and file such additional bonds as the necessity of the case
may require. [2009 c 549 § 2078; 1971 ex.s. c 116 § 3; 1969
ex.s. c 258 § 8; 1965 c 7 § 35.44.220. Prior: 1957 c 143 § 4;
prior: 1911 c 98 § 22, part; RRS § 9374, part.]
35.44.230
35.44.230 Procedure on appeal—Transcript. Within
ten days from the filing of the notice of appeal, the appellant
shall file with the clerk of the superior court a transcript consisting of the assessment roll and his or her objections
thereto, together with the ordinance confirming the assessment roll and the record of the council with reference to the
assessment. This transcript, upon payment of the necessary
fees therefor, shall be furnished by the city or town clerk and
shall be certified by him or her to contain full, true and correct copies of all matters and proceedings required to be
included in the transcript. The fees payable therefor shall be
the same as those payable to the clerk of the superior court for
the preparation and certification of transcripts on appeal to
the supreme court or the court of appeals in civil actions.
[2009 c 549 § 2079; 1971 c 81 § 90; 1965 c 7 § 35.44.230.
Prior: 1957 c 143 § 5; prior: 1911 c 98 § 22, part; RRS §
9374, part.]
35.44.240
35.44.240 Procedure on appeal—Notice of hearing.
Within three days after the filing of the transcript with the
clerk of the superior court, the appellant shall give notice to
the head of the legal department of the city or town and to its
clerk that the transcript has been filed. The notice shall also
state a time (not less than three days from the date of service
thereof) when the appellant will call up the cause for hearing.
[1965 c 7 § 35.44.240. Prior: 1957 c 143 § 6; prior: 1911 c
98 § 22, part; RRS § 9374, part.]
35.44.250
35.44.250 Procedure on appeal—Hearing by superior court. At the time fixed for hearing in the notice thereof
or at such further time as may be fixed by the court, the superior court shall hear and determine the appeal without a jury
and the cause shall have preference over all other civil causes
except proceedings relating to eminent domain in cities and
towns and actions of forcible entry and detainer. The judgment of the court shall confirm, unless the court shall find
from the evidence that such assessment is founded upon a
fundamentally wrong basis and/or the decision of the council
or other legislative body thereon was arbitrary or capricious;
in which event the judgment of the court shall correct,
change, modify, or annul the assessment insofar as it affects
the property of the appellant. [1969 ex.s. c 258 § 9; 1965 c 7
§ 35.44.250. Prior: 1957 c 143 § 7; prior: 1911 c 98 § 22,
part; RRS § 9374, part.]
35.44.260
35.44.260 Procedure on appeal—Appellate review.
Appellate review of the judgment of the superior court may
be obtained as in other cases if sought within fifteen days
after the date of the entry of the judgment in the superior
court. [1988 c 202 § 36; 1971 c 81 § 91; 1965 c 7 §
(2010 Ed.)
Local Improvements—Assessments and Reassessments
35.44.260. Prior: 1957 c 143 § 8; prior: 1911 c 98 § 22, part;
RRS § 9374, part.]
Rules of court: Appeal procedures superseded by RAP 2.1, 2.2, 18.22.
Additional notes found at www.leg.wa.gov
35.44.270 Procedure on appeal—Certified copy of
decision or order. A certified copy of the decision of the
superior court pertaining to assessments for local improvements shall be filed with the officer having custody of the
assessment roll and he or she shall modify and correct the
assessment roll in accordance with the decision. In the event
appellate review of the decision is sought, a certified copy of
the court’s order shall be filed with the officer having custody
of the assessment roll and the officer shall thereupon modify
and correct the assessment roll in accordance with the order.
[2009 c 549 § 2080; 1988 c 202 § 37; 1971 c 81 § 92; 1965 c
7 § 35.44.270. Prior: 1957 c 143 § 9; prior: 1911 c 98 § 22,
part; RRS § 9374, part.]
35.44.270
Additional notes found at www.leg.wa.gov
35.44.280 Reassessments—When authorized. In all
cases of special assessments for local improvements wherein
the assessments are not valid in whole or in part for want of
form, or insufficiency, informality, irregularity, or nonconformance with the provisions of law, charter, or ordinance,
the city or town council may reassess the assessments and
enforce their collection in accordance with the provisions of
law and ordinance existing at the time the reassessment is
made. This shall apply not only to an original assessment but
also to any reassessment, to any assessment upon omitted
property and to any supplemental assessment which is
declared void and its enforcement refused by any court or
which for any cause has been set aside, annulled or declared
void by any court either directly or by virtue of any decision
thereof. [1965 c 7 § 35.44.280. Prior: 1911 c 98 § 42, part;
1893 c 96 § 3; RRS § 9395, part.]
35.44.280
35 . 4 4.2 9 0 R eas ses sm e nt s— Ba si s—P r o pe r t y
included. Every reassessment shall be made upon the property which has been or will be specially benefited by the local
improvement and may be made upon property whether or not
it abuts upon, is adjacent to, or proximate to the improvement
or was included in the original assessment district.
Property not included in the original improvement district when so assessed shall become a part of the improvement district and all payments of assessments shall be paid
into and become part of the local improvement fund to pay
for the improvement.
Property in the original local improvement district which
is excluded in reassessment need not be entered upon the
assessment roll.
Every reassessment must be based upon the actual cost
of the improvement at the time of its completion. [1965 c 7 §
35.44.290. Prior: (i) 1911 c 98 § 42, part; 1893 c 96 § 3, part;
RRS § 9395, part. (ii) 1911 c 98 § 43, part; 1909 c 71 § 1,
part; 1893 c 95 § 2, part; RRS § 9396, part.]
35.44.290
35.44.300 Reassessments—Irregularities not fatal.
The fact that the contract has been let or that the improvement
has been made and completed in whole or in part shall not
35.44.300
(2010 Ed.)
35.44.350
prevent the reassessment from being made, nor shall the
omission or neglect of any office or officers to comply with
the law, the charter, or ordinances governing the city or town
as to petition, notice, resolution to improve, estimate, survey,
diagram, manner of letting contract, or execution of work or
any other matter connected with the improvement and the
first assessment thereof operate to invalidate or in any way
affect the making of a reassessment. [1965 c 7 § 35.44.300.
Prior: 1911 c 98 § 43, part; 1909 c 71 § 1, part; 1893 c 95 §
2, part; RRS § 9396, part.]
35.44.310 Reassessments—Amount thereof. The
reassessment shall be for an amount which shall not exceed
the actual cost and expense of the improvement, together
with the accrued interest thereon, it being the true intent and
meaning of the statutes relating to local improvements to
make the cost and expense of local improvements payable by
the property specially benefited thereby, notwithstanding the
proceedings of the council, board of public works or other
board, officer, or authority may be found to be irregular or
defective, whether jurisdictional or otherwise. [1965 c 7 §
35.44.310. Prior: 1911 c 98 § 43, part; 1909 c 71 § 1, part;
1893 c 95 § 2, part; RRS § 9396, part.]
35.44.310
35.44.320 Reassessments—Credit for prior payments. In case of reassessment, all sums paid on the former
attempted assessments shall be credited to the property on
account of which they were paid. [1965 c 7 § 35.44.320.
Prior: 1911 c 98 § 43, part; 1909 c 71 § 1, part; 1893 c 95 §
2, part; RRS § 9396, part.]
35.44.320
35.44.330 Reassessments—Payment. In case of reassessment after the certification of the assessment roll to the
city or town treasurer for collection, the same length of time
for payment of the assessment thereon without the imposition
of any penalties or interest and the notice that the assessments
are in the hands of the treasurer for collection shall be given
as in case of an original assessment. After delinquency, penalties and interest may be charged as in cases of original
assessment and if the original assessment was payable in
installments, the new assessment may be divided into equal
installments and made payable at such times as the city or
town council may prescribe in the ordinance ordering the
new assessment. [1965 c 7 § 35.44.330. Prior: 1911 c 98 §
43, part; 1909 c 71 § 1, part; 1893 c 95 § 2, part; RRS § 9396,
part.]
35.44.330
35.44.340 Reassessments—Limitation of time for.
No city or town shall have jurisdiction to proceed with any
reassessment unless the ordinance ordering it is passed by the
city or town council within ten years from and after the time
the original assessment for the same improvement was finally
held to be invalid, insufficient or for any cause set aside, in
whole or in part or its enforcement denied directly or indirectly by the courts. [1965 c 7 § 35.44.340. Prior: 1911 c 98
§ 45, part; RRS § 9398, part.]
35.44.340
35.44.350 Reassessments, assessments on omitted
property, supplemental assessments—Provisions governing. All of the provisions of law relating to the filing of
35.44.350
[Title 35 RCW—page 173]
35.44.360
Title 35 RCW: Cities and Towns
assessment rolls, time and place for hearing thereon, notice of
hearing, the hearing upon the roll, the confirmation of the
assessment roll, the time when the assessments become a lien
upon the property assessed, the proceedings on appeal from
any such assessment, the method of collecting the assessment
and all proceedings for enforcing the lien thereof shall be had
and conducted the same in the case of reassessments, assessments on omitted property, or supplemental assessments as in
the case of an original assessment. [1965 c 7 § 35.44.350.
Prior: 1911 c 98 § 44; 1893 c 95 § 1; RRS § 9397.]
35.44.360 Assessments on omitted property—
Authority. If by reason of mistake, inadvertence, or for any
cause, property in a local improvement district or utility local
improvement district which except for its omission would
have been subject to assessment has been omitted from the
assessment roll, the city or town council, upon its own
motion, or upon the application of the owner of any property
in the district which has been assessed for the improvement,
may proceed to assess the property so omitted in accordance
with the benefits accruing to it by reason of the improvement
in proportion to the assessments levied upon other property in
the district. [1967 c 52 § 12; 1965 c 7 § 35.44.360. Prior:
1911 c 98 § 37, part; RRS § 9390, part.]
35.44.360
Additional notes found at www.leg.wa.gov
35.44.370 Assessments on omitted property—Resolution—Notice. In case of assessments on omitted property
the city or town council shall pass a resolution:
(1) Setting forth that the property therein described was
omitted from the assessment;
(2) Notifying all persons who may desire to object
thereto to appear at a meeting of the city or town council at a
time specified in the resolution and present their objections
thereto, and
(3) Directing the proper board, officer, or authority to
report to the council at or prior to the date fixed for the hearing the amount which should be borne by each lot, tract, or
parcel of land or other property so omitted. The resolution
shall be published in all respects as provided for publishing
the resolutions for an original assessment. [1965 c 7 §
35.44.370. Prior: 1911 c 98 § 37, part; RRS § 9390, part.]
35.44.370
35.44.380 Assessments on omitted property—Confirmation ordinance—Collection. At the conclusion of the
hearing or any adjournment thereof upon proposed assessments on omitted property the council shall consider the matter as though the property were included in the original roll
and may confirm the roll or any portion thereof by ordinance.
Thereupon the roll of omitted property shall be certified to
the treasurer for collection as other assessments. [1965 c 7 §
35.44.380. Prior: 1911 c 98 § 37, part; RRS § 9390, part.]
35.44.380
35.44.390 Supplemental assessments—When authorized. If by reason of any mistake, inadvertence, or other
cause, the amount assessed was not equal to the cost and
expense of a local improvement or that portion thereof to be
paid by assessment of the property benefited the city or town
council shall make supplemental assessments on all the property in the district. The property found to be specially bene35.44.390
[Title 35 RCW—page 174]
fited shall not be limited to the property included in the original assessment district.
These assessments shall be made in accordance with the
provisions of law, charter, and ordinances existing at the time
of the levy. [1965 c 7 § 35.44.390. Prior: 1911 c 98 § 42,
part; 1893 c 96 § 3, part; RRS § 9395, part.]
35.44.400
35.44.400 Supplemental assessments—Limitation of
time for. No city or town shall have jurisdiction to proceed
with any supplemental assessment unless the ordinance
ordering it is passed by the city or town council within ten
years from and after the time that it was finally determined
that the total amount of valid assessments levied and assessed
on account of a local improvement was insufficient to pay the
whole or that portion of the cost and expense thereof to be
paid by special assessment. [1965 c 7 § 35.44.400. Prior:
1911 c 98 § 45, part; RRS § 9398, part.]
35.44.410
35.44.410 Segregation of assessments. Whenever any
land against which there has been levied any special assessment by any city or town shall have been sold in part or subdivided, the legislative authority of that city or town shall
have the power to order a segregation of the assessment.
Any person desiring to have such a special assessment
against a tract of land segregated to apply to smaller parts
thereof shall apply to the city or town which levied the
assessment. If the legislative authority thereof determines
that a segregation should be made, it shall by resolution order
the city or town treasurer to make segregation on the original
assessment roll as directed in the resolution. The segregation
shall be made as nearly as possible on the same basis as the
original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment
before segregation. The resolution shall describe the original
tract, the amount and date of the original assessment, and
shall define the boundaries of the divided parts and the
amount of the assessment chargeable to each part. A certified
copy of the resolution shall be delivered to the city or town
treasurer who shall proceed to make the segregation ordered
upon being tendered a fee of ten dollars for each tract of land
for which a segregation is to be made. In addition to such
charge the legislative authority of the city or town may
require as a condition to the order of segregation that the person seeking it pay the city or town the reasonable engineering
and clerical costs incident to making the segregation. No segregation need be made if the legislative authority of the city
or town shall find that by such segregation the security of the
lien for such assessment will be so jeopardized as to reduce
the security for any outstanding local improvement district
obligations payable from such assessment. [1969 ex.s. c 258
§ 10.]
35.44.420
35.44.420 Property donations—Credit against
assessments. A city legislative authority may give credit for
all or any portion of any property donation against an assessment, charge, or other required financial contribution for
transportation improvements within a local improvement district. The credit granted is available against any assessment,
charge, or other required financial contribution for any trans(2010 Ed.)
Local Improvements—Bonds and Warrants
portation purpose that uses the donated property. [1987 c 267
§ 9.]
Right-of-way donations: Chapter 47.14 RCW.
Additional notes found at www.leg.wa.gov
Chapter 35.45
Chapter 35.45 RCW
LOCAL IMPROVEMENTS—
BONDS AND WARRANTS
Sections
35.45.010
35.45.020
35.45.030
35.45.040
35.45.050
35.45.060
35.45.065
35.45.070
35.45.080
35.45.090
35.45.130
35.45.140
35.45.150
35.45.155
35.45.160
35.45.170
35.45.180
Authority to issue bonds.
Bond issue—Due date—Interest.
Bonds—Form—Content.
Bonds—Sale of.
Call of bonds.
Interest on bonds—How payable.
Interest on bonds—Payment from general revenues—Authority—Procedure.
Nonliability of city or town.
Remedy of bondholders.
Excess to be refunded—Demand—Right of action.
Warrants against local improvement fund authorized.
Warrants acceptable in payment of assessments.
Installment notes—Interest certificates.
Installment notes—Refunding.
Consolidated local improvement districts—Authorized—Purpose.
Refunding bonds—Limitations.
Transfer from general fund to local improvement fund authorized—Ordinance.
35.45.010 Authority to issue bonds. The city or town
council may provide by ordinance for the payment of the
whole or any portion of the cost and expense of any local
improvement by bonds of the improvement district, but no
bonds shall be issued in excess of the cost and expense of the
improvement, nor shall they be issued prior to twenty days
after the thirty days allowed for the payment of assessments
without penalty or interest. [1965 c 7 § 35.45.010. Prior: (i)
1911 c 98 § 46, part; 1899 c 124 § 1; RRS § 9399, part. (ii)
1917 c 139 § 1, part; 1915 c 168 § 4, part; 1911 c 98 § 47,
part; 1899 c 124 § 2, part; RRS § 9400, part. (iii) 1911 c 98 §
50, part; RRS § 9403, part.]
35.45.010
35.45.020 Bond issue—Due date—Interest. Local
improvement bonds shall be issued pursuant to ordinance and
shall be made payable on or before a date not to exceed thirty
years from and after the date of issue, which latter date may
be fixed by ordinance or resolution of the council, and bear
interest at such rate or rates as authorized by the council. The
council may, in addition to issuing bonds callable under the
provisions of RCW 35.45.050 whenever sufficient moneys
are available, issue bonds with a fixed maturity schedule or
with a fixed maximum annual retirement schedule. [1971
ex.s. c 116 § 10; 1970 ex.s. c 56 § 35; 1969 ex.s. c 258 § 11;
1969 c 81 § 1; 1965 c 7 § 35.45.020. Prior: 1917 c 139 § 1,
part; 1915 c 168 § 4, part; 1911 c 98 § 47, part; 1899 c 124 §
2, part; RRS § 9400, part.]
35.45.020
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
35.45.030 Bonds—Form—Content. (1) Local
improvement bonds shall be in such denominations as may
be provided in the ordinance authorizing their issue and shall
be numbered from one upwards consecutively. Each bond
35.45.030
(2010 Ed.)
35.45.050
shall (a) be signed by the mayor and attested by the clerk, (b)
have the seal of the city or town affixed thereto, (c) refer to
the improvement to pay for which it is issued and the ordinance ordering it, (d) provide that the principal sum therein
named and the interest thereon shall be payable out of the
local improvement fund created for the cost and expense of
the improvement and out of the local improvement guaranty
fund, unless the ordinance under which it was issued provides
that the bonds shall not be secured by the local improvement
guaranty fund; and out of a reserve fund, if one is established
for such bonds pursuant to RCW 35.51.040; or, with respect
to interest only, shall be payable out of the general revenues
of the city or town, but only if pledged to the payment of such
interest pursuant to RCW 35.45.065, and not otherwise, (e)
provide that the bond owners’ remedy in case of nonpayment
shall be confined to the enforcement of the special assessments made for the improvement and to the guaranty fund
and reserve fund, as applicable, and (f) be in any form,
including bearer bonds or registered bonds as provided in
RCW 39.46.030.
Any interest coupons may be signed by the mayor and
attested by the clerk, or in lieu thereof, may have printed
thereon a facsimile of their signatures.
(2) Notwithstanding subsection (1) of this section, but
subject to RCW 35.45.010, such bonds may be issued and
sold in accordance with chapter 39.46 RCW. [2002 c 41 § 1;
1983 c 167 § 41; 1967 ex.s. c 44 § 1; 1965 c 7 § 35.45.030.
Prior: (i) 1917 c 139 § 1, part; 1915 c 168 § 4, part; 1911 c 98
§ 47, part; 1899 c 124 § 2; RRS § 9400, part. (ii) 1927 c 209
§ 5, part; 1925 ex.s. c 183 § 5, part; 1923 c 141 § 5, part; RRS
§ 9351-5, part. (iii) 1911 c 98 § 52, part; RRS § 9405, part.]
Additional notes found at www.leg.wa.gov
35.45.040 Bonds—Sale of. (1) Local improvement
bonds may be issued to the contractor or sold by the officers
authorized by the ordinance directing their issue to do so, in
the manner prescribed therein at the price established by the
legislative authority of the city or town. Any portion of the
bonds of any issue remaining unsold may be issued to the
contractor constructing the improvement in payment thereof.
The proceeds of all sales of bonds shall be applied in
payment of the cost and expense of the improvement.
(2) Notwithstanding subsection (1) of this section, such
bonds may be sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 42; 1981 c 323 § 2; 1965 c 7 § 35.45.040. Prior:
(i) 1911 c 98 § 46, part; 1899 c 124 § 1; RRS § 9399, part. (ii)
1911 c 98 § 48; 1899 c 124 § 3; RRS § 9401.]
35.45.040
Additional notes found at www.leg.wa.gov
35.45.050 Call of bonds. Except when bonds have been
issued with a fixed maturity schedule or with a fixed maximum annual retirement schedule as authorized in RCW
35.45.020, the city or town treasurer shall call in and pay the
principal of one or more bonds of any issue (1) in their
numerical order; or (2) where bonds are issued with an estimated redemption schedule, in either numerical order or
chronological order by maturity and within each maturity by
date of estimated redemption as determined in the bond
authorizing ordinance, whenever there is sufficient money in
any local improvement fund, against which the bonds have
35.45.050
[Title 35 RCW—page 175]
35.45.060
Title 35 RCW: Cities and Towns
been issued, over and above that which is sufficient for the
payment of interest on all unpaid bonds of that issue. The call
shall be made for publication in the city or town official
newspaper in its first publication following the date of delinquency of any installment of the assessment or as soon thereafter as practicable. The call shall state that bonds No. . . . .
(giving the serial number or numbers of the bonds called) will
be paid on the day the next interest payments are due and that
interest on those bonds will cease upon that date. [2003 c 139
§ 2; 1983 c 167 § 43; 1971 ex.s. c 116 § 11; 1965 c 7 §
35.45.050. Prior: 1911 c 98 § 54, part; RRS § 9407, part.]
(a) Neither the holder nor owner of any obligation issued
against a local improvement fund shall have any claim
against the city or town by which it is issued, except for payment from the special assessments made for the improvement
for which the obligation was issued.
(b) A copy of the foregoing in (a) of this subsection shall
be plainly written, printed, or engraved on each bond, interest
coupon, warrant, or other short-term obligation. [2002 c 41 §
2; 1965 c 7 § 35.45.070. Prior: (i) 1911 c 98 § 52, part; RRS
§ 9405, part. (ii) 1927 c 209 § 5; 1925 ex.s. c 183 § 5; 1923 c
141 § 5, part; RRS § 9351-5, part.]
Effective date—2003 c 139: See note following RCW 35.45.180.
Additional notes found at www.leg.wa.gov
35.45.060 Interest on bonds—How payable. The city
or town treasurer shall pay interest on the bonds issued
against local improvement funds out of the local improvement fund from which the bonds are payable. [1965 c 7 §
35.45.060. Prior: 1911 c 98 § 54, part; RRS § 9407, part.]
35.45.060
35.45.065 Interest on bonds—Payment from general
revenues—Authority—Procedure. The city or town council may provide by ordinance that all or part of the interest
upon said bonds shall be paid from the general revenues of
the city or town and may create a local improvement district
bond interest fund for this purpose. If the city or town council
determine that the city or town shall pay all interest on such
bonds from its general revenues, the interest coupons
attached to the bond shall recite that the interest thereby evidenced is payable from general revenues. If the city or town
council determines that the city or town council shall pay a
part of the interest on such bonds from its general revenues,
the interest coupons representing interest payable from the
general revenues of the city or town shall be denominated as
"B" coupons and shall recite that the interest payable thereunder is payable from the general revenues of the city or town.
[1967 ex.s. c 44 § 2.]
35.45.065
35.45.070 Nonliability of city or town. (1)(a) Neither
the holder nor owner of any bond, interest coupon, warrant,
or other short-term obligation issued against a local improvement fund shall have any claim therefor against the city or
town by which it is issued, except for payment from the special assessments made for the improvement for which the
bond or warrant was issued and except also for payment from
the local improvement guaranty fund of the city or town as to
bonds issued after the creation of a local improvement guaranty fund of that city or town. The city or town shall not be
liable to the holder or owner of any bond, interest coupon,
warrant, or other short-term obligation for any loss to the
local improvement guaranty fund occurring in the lawful
operation thereof.
(b) A copy of the foregoing in (a) of this subsection shall
be plainly written, printed, or engraved on each bond, interest
coupon, warrant, or other short-term obligation.
(2) Notwithstanding the provisions of subsection (1) of
this section, with respect to bonds, interest coupons, warrants, or other short-term obligations issued under an ordinance providing that the obligations are not secured by the
local improvement guaranty fund:
35.45.070
[Title 35 RCW—page 176]
35.45.080 Remedy of bondholders. If a city or town
fails to pay any bonds or to promptly collect any local
improvement assessments when due, the owner of the bonds
may proceed in his or her own name to collect the assessment
and foreclose the lien thereof in any court of competent jurisdiction and shall recover in addition to the amount of the
bond and interest thereon, five percent, together with the cost
of suit. Any number of holders of bonds for any single
improvement may join as plaintiffs and any number of owners of property upon which the assessments are liens may be
joined as defendants in the same suit.
The owners of local improvement bonds issued by a city
or town after the creation of a local improvement guaranty
fund therein, shall also have recourse against the local
improvement guaranty fund of such city or town unless the
ordinance under which the bonds were issued provides that
the bonds are not secured by the local improvement guaranty
fund. [2009 c 549 § 2081; 2002 c 41 § 3; 1965 c 7 §
35.45.080. Prior: (i) 1927 c 209 § 5, part; 1925 ex.s. c 183 §
5, part; 1923 c 141 § 5, part; RRS § 9351-5, part. (ii) 1911 c
98 § 51; 1899 c 124 § 6; RRS § 9404.]
35.45.080
35.45.090 Excess to be refunded—Demand—Right
of action. Any funds in the treasury of any municipal corporation belonging to the fund of any local improvement district
after the payment of the whole cost and expense of such
improvement, in excess of the total sum required to defray all
the expenditures by such municipal corporation on account
thereof, shall be refunded, on demand, to the payers into such
fund. Each such payer shall be entitled to such proportion of
such excess as his or her original assessment bears to the
entire original assessment levied for such improvement.
Such municipal corporation may, after one year from the date
on which the last installment becomes due, transfer any balance remaining on hand to the general fund of such municipal
corporation, but shall, notwithstanding such transfer remain
liable for the refund herein provided for until such refund
shall have been made, unless the actual cost involved in making such refund shall exceed the excess in such fund.
Such demand shall be made in writing to the treasurer of
such municipal corporation. No action shall be commenced
in any court to obtain any such refund, except upon such
demand, and until ninety days after making such demand. No
excess shall be recovered in any action where the excess in
the fund does not average the sum of one dollar in favor of all
payers into such fund.
This section shall not be deemed to require the refunding
of any balance left in any local improvement fund after the
35.45.090
(2010 Ed.)
Local Improvements—Bonds and Warrants
payment of all outstanding obligations issued against such
fund, where such balance accrues from any saving in interest
or from penalties collected upon delinquent assessments, but
any such balance, whether accruing heretofore or hereafter,
may be turned into the general fund or otherwise disposed of,
as the legislative authority of the city may direct.
The provisions of this chapter relating to the refund of
excess local improvement district funds shall not apply to any
district whose obligations are guaranteed by the local
improvement guaranty fund. [2009 c 549 § 2082; 1965 c 7 §
35.45.090. Prior: 1917 c 140 § 1; 1909 c 108 § 1; RRS §
9351.]
35.45.130 Warrants against local improvement fund
authorized. Every city and town may provide by ordinance
for the issuance of warrants in payment of the cost and
expense of any local improvement, payable out of the local
improvement district fund. The warrants shall bear interest at
a rate or rates established by the issuing officer under the
direction of the legislative authority of the city or town and
shall be redeemed either in cash or by local improvement
bonds for the same improvement authorized by ordinance.
All warrants against any local improvement fund sold by
the city or town or issued to a contractor and by him or her
sold or hypothecated for a valuable consideration shall be
claims and liens against the improvement fund against which
they are drawn prior and superior to any right, lien, or claim
of any surety upon the bond or bonds given to the city or town
by or for the contractor to secure the performance of his or
her contract or to secure the payment of persons who have
performed work thereon, furnished materials therefor, or provisions and supplies for the carrying on of the work. [2009 c
549 § 2083; 1981 c 323 § 3; 1970 ex.s. c 56 § 36; 1965 c 7 §
35.45.130. Prior: 1953 c 117 § 1; prior: 1915 c 168 § 3;
1911 c 98 § 72; 1899 c 146 § 7; RRS 9425.]
35.45.130
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
35.45.140 Warrants acceptable in payment of assessments. Cities and towns may accept warrants drawn against
any local improvement fund upon such conditions as they
may by ordinance or resolution prescribe, in satisfaction of:
(1) Assessments levied to supply such fund, in due order
of priority of right;
(2) Judgments rendered against property owners who
have become delinquent in the payment of assessments levied to supply such fund; and
(3) In payment of certificates of purchase in cases where
property of delinquents has been sold under execution or at
tax sale for failure to pay assessments levied to supply such
fund. [1965 c 7 § 35.45.140. Prior: (i) 1899 c 97 § 1; RRS §
9346. (ii) 1899 c 97 § 2; RRS § 9347. (iii) 1899 c 97 § 3; RRS
§ 9348. (iv) 1899 c 97 § 4; RRS § 9349. (v) 1899 c 97 § 5;
RRS § 9350.]
35.45.140
35.45.150 Installment notes—Interest certificates. In
addition to the issuance of bonds and warrants in payment of
the cost and expense of any local improvement, any city or
town may also issue and sell installment notes payable out of
the local improvement district fund. Such installment notes
may be issued any time after the thirty day period allowed by
35.45.150
(2010 Ed.)
35.45.150
law for the payment of assessments of any district without
penalty or interest, and may bear any denomination or
denominations, the aggregate of which shall represent the
balance of the cost and expense of the local improvement district which is to be borne by the property owners therein.
Application of local improvement district funds for the
reduction of the principal and interest amounts due on any
notes herein provided to finance said improvement shall be
made not less than once each year beginning with the issue
date thereof. Appropriate notification of such application of
funds shall be made by the city or town treasurer to the registered payees of said notes, except those notes owned by funds
of the issuing municipality. Such notes may be registered as
provided in RCW 39.46.030. If more than one local
improvement installment note is issued for a single district,
said notes shall be numbered consecutively. All notes issued
shall bear on the face thereof: (1) The name of the payee; (2)
the number of the local improvement district from whose
funds the notes are payable; (3) the date of issue of each note;
(4) the date on which the note, or the final installment thereon
shall become due; (5) the rate or rates of interest, as provided
by the city or town legislative authority, to be paid on the
unpaid balance thereof, and; (6) such manual or facsimile signatures and attestations as are required by state statute or city
charter to appear on the warrants of each issuing municipality.
The reverse side of each installment note issued pursuant
to this section shall bear a tabular payment record which shall
indicate at prescribed installment dates, the receipt of any
local improvement district funds for the purpose of servicing
the debt evidenced by said notes. Such receipts shall first be
applied toward the interest due on the unpaid balance of the
note, and any additional moneys shall thereafter apply as a
reduction of the principal amount thereof. The tabular payment record shall, in addition to the above, show the unpaid
principal balance due on each installment note, together with
sufficient space opposite each transaction affecting said note
for the manual signature of the city’s or town’s clerk, treasurer or other properly designated receiving officer of the
municipality, or of any other registered payee presenting said
note for such installment payments.
Whenever there are insufficient funds in a local improvement district to meet any payment of installment interest due
on any note herein authorized, a noninterest-bearing
defaulted installment interest certificate shall be issued by the
city or town treasurer which shall consist of a written statement certifying the amount of such defaulted interest installment; the name of the payee of the note to whom the interest
is due and the number of the local improvement district from
whose funds the note and interest thereon is payable. Such
certificates may be registered as provided in RCW 39.46.030.
The certificate herein provided shall bear the manual signature of the city or town treasurer or his or her authorized
agent. The defaulted installment interest certificate so issued
shall be redeemed for the face amount thereof with any available funds in the local improvement guaranty fund.
Whenever at the date of maturity of any installment note
issued pursuant to this section, there are insufficient funds in
a local improvement district, due to delinquencies in the collection of assessments, to pay the final installment of the
principal due thereon, the note shall be redeemed with any
[Title 35 RCW—page 177]
35.45.155
Title 35 RCW: Cities and Towns
available funds in the local improvement guaranty fund for
the amount of said final installment.
All certificates and notes issued pursuant to this section
are to become subject to the same redemption privileges as
apply to any local improvement district bonds and warrants
now accorded the protection of the local improvement guaranty fund as provided in chapter 35.54 RCW, and whenever
the certificates or notes issued as herein provided are
redeemed by said local improvement guaranty fund, they
shall be held therein as investments thereof in the same manner as prescribed for other defaulted local improvement district obligations.
Notwithstanding any other statutory provisions, local
improvement installment notes authorized by this section
which are within the protection of the local improvement
guaranty fund law shall be considered legal investments for
any available surplus funds of the issuing municipality which
now or hereafter may be authorized to be invested in the
city’s or town’s local improvement districts’ bonds or warrants and shall be considered legal investments for all
national and state banks, savings and loan institutions, and
any and all other commercial banking or financial institutions
to the same extent that the local improvement district bonds
and any coupons issued pursuant to the provisions of this
chapter have been and are legal investments for such institutions. Any such local improvement installment notes may be
transferred or sold by said city or town upon such terms or
conditions and in such manner as the local governing body of
said city or town may determine, or may be issued to another
fund of the city or town: PROVIDED, HOWEVER, That the
same shall not be sold at less than par plus accrued interest.
Notwithstanding the provisions of this section, such
notes and certificates may be issued, and such notes may be
sold, in accordance with chapter 39.46 RCW. [2009 c 549 §
2084; 1983 c 167 § 44. Prior: 1981 c 323 § 4; 1981 c 156 §
2; prior: 1970 ex.s. c 93 § 2; 1970 ex.s. c 56 § 37; 1965 c 7 §
35.45.150; prior: 1961 c 165 § 1.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Investment of public funds in notes, debentures: RCW 39.60.050.
Additional notes found at www.leg.wa.gov
35.45.155 Installment notes—Refunding. Any city or
town having issued one or more installment notes pursuant to
RCW 35.45.150 may refund all of such notes or the principal
thereof then outstanding payable from any one local
improvement district fund by the issuance of local improvement district bonds pursuant to chapter 35.45 RCW and by
the payment into the city or town fund or funds holding such
notes the then outstanding principal amount of such notes
plus the interest thereon accrued to the date of such refunding. The bonds shall be payable from the same local improvement district fund from which such notes were payable; shall
be payable no later than the final payment date of the notes
being refunded; shall be in the same total principal amount as
the outstanding principal amount of the notes being refunded
less any sums in the local improvement district fund the city
or town applies to the redemption of such notes; and shall be
sold at not less than par plus accrued interest to date of delivery. Any interest payable on the bonds in excess of the interest payable on assessment installments payable into the local
35.45.155
[Title 35 RCW—page 178]
improvement district fund shall be paid from the general fund
of the city or town in accordance with RCW 35.45.065. The
principal proceeds and interest accrued to date of delivery of
the bonds shall be paid into the local improvement district
fund and the notes shall be redeemed on that date. The city or
town shall pay all costs and expenses of such refunding from
moneys available therefor. [1969 ex.s. c 258 § 12.]
35.45.160 Consolidated local improvement districts—Authorized—Purpose. For the purpose of issuing
bonds only, the governing body of any municipality may
authorize the establishment of consolidated local improvement districts. The local improvements within such consolidated districts need not be adjoining, vicinal or neighboring.
If the governing body orders the creation of such consolidated local improvement districts, the moneys received from
the installment payment of the principal of and interest on
assessments levied within original local assessment districts
shall be deposited in a consolidated local improvement district bond redemption fund to be used to redeem outstanding
consolidated local improvement district bonds. [1967 ex.s. c
44 § 3.]
35.45.160
35.45.170 Refunding bonds—Limitations. The legislative authority of any city or town may issue and sell bonds
to refund outstanding local improvement district or consolidated local improvement district bonds issued after June 7,
1984, on the earliest date such outstanding bonds may be
redeemed following the date of issuance of such refunding
bonds. Such refunding shall be subject to the following:
(1) The refunding shall result in a net interest cost savings after paying the costs and expenses of the refunding, and
the principal amount of the refunding bonds may not exceed
the principal balance of the assessment roll or rolls pledged to
pay the bonds being refunded at the time of the refunding.
(2) The refunding bonds shall be paid from the same
local improvement fund or bond redemption fund as the
bonds being refunded.
(3) The costs and expenses of the refunding shall be paid
from the proceeds of the refunding bonds, or the same local
improvement district fund or bond redemption fund for the
bonds being refunded, except the city or town may advance
such costs and expenses to such fund pending the receipt of
assessment payments available to reimburse such advances.
(4) The last maturity of the refunding bonds shall be no
later than one year after the last maturity of bonds being
refunded.
(5) The refunding bonds may be exchanged for the bonds
being refunded or may be sold in the same manner permitted
at the time of sale for local improvement district bonds.
(6) All other provisions of law applicable to the refunded
bonds shall apply to the refunding bonds. [1984 c 186 § 66.]
35.45.170
Purpose—1984 c 186: See note following RCW 39.46.110.
35.45.180 Transfer from general fund to local
improvement fund authorized—Ordinance. Any city or
town, when authorized by ordinance, may transfer permanently or temporarily, money from its general fund, or from
any other municipal fund as its council shall specify in that
ordinance, to its local improvement guaranty fund or any of
35.45.180
(2010 Ed.)
Local Improvements—Procedure for Cancellation of Nonguaranteed Bonds
its local improvement funds to be used for the purposes of
these local improvement funds, including the payment of
bonds, interest coupons, warrants, or other short-term obligations. The powers granted by this section are to be exercised
at the discretion of a council when found to be in the public
interest, but money transferred by means of these powers
shall not be pledged to the payment of any local improvement
district obligations. [2003 c 139 § 1.]
Effective date—2003 c 139: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 139 § 4.]
Chapter 35.47 RCW
LOCAL IMPROVEMENTS—PROCEDURE FOR
CANCELLATION OF NONGUARANTEED BONDS
Chapter 35.47
Sections
35.47.010
35.47.020
35.47.030
35.47.040
35.47.900
Distribution of moneys in local improvement funds to holders
of bonds and warrants—Notice—Time limitation—Abandonment and transfer to general fund.
Declaration of obsolescence and cancellation upon distribution of moneys, untimely presentment, or lack of money in
local improvement fund.
Cancellation procedure where no money in local improvement
fund.
Action under RCW 35.47.010 through 35.47.030 unaffected
by chapter 35.48 RCW or other law.
Severability—1965 ex.s. c 6.
35.47.010 Distribution of moneys in local improvement funds to holders of bonds and warrants—Notice—
Time limitation—Abandonment and transfer to general
fund. Any city or town having any outstanding and unpaid
local improvement bonds or warrants issued in connection
with a local improvement therein to which the local guaranty
fund law is not applicable and that have been delinquent for
more than fifteen years, by ordinance, may direct that the
money, if any, remaining in a given local improvement fund
for which no real property is held in trust shall be distributed
by the city or town on a pro rata basis, without any reference
to numerical order, to the holders of outstanding bonds or
warrants for each such fund, excluding the accrued interest
thereon. If the outstanding bonds or warrants are not presented for payment within one year after the last date of publication of notice provided for herein, the money being held
in the local improvement fund of a city or town shall be
deemed abandoned, and shall be transferred to the city or
town general fund: PROVIDED, That the city or town shall
publish a notice once each week for two successive weeks in
the official newspaper of the city or town in which it is indicated that L.I.D. bonds for . . . . . . L.I.D. improvement Nos.
. . . . to . . . . inclusive must be presented to the city or town
for payment not later than one year from this date or the
money being held in the local improvement fund of the city
or town shall be transferred to the city or town general fund.
[1985 c 469 § 31; 1965 ex.s. c 6 § 1.]
35.48.010
bonds or warrants are not presented for payment within one
year after the last date of publication of notice provided for in
RCW 35.47.010, such city or town may, by ordinance,
declare such bonds and warrants, without any reference to
numerical order, to be obsolete, cancel the same, and terminate all accounting thereon, and clear such bonds and warrants off their records including any unguaranteed bonds or
warrants outstanding against districts in which there remains
no money in the given local improvement fund. [1965 ex.s. c
6 § 2.]
35.47.030 Cancellation procedure where no money in
local improvement fund. If the bonds or warrants outstanding against a district are unguaranteed and if there remains no
money in the appropriate local improvement fund to pay
them, and if no real property is held in trust for the fund, the
city or town shall give notice in the same manner as provided
in RCW 35.47.010, stating that L.I.D. . . . . . . (bonds or warrants) for . . . . . . L.I.D. improvement Nos. . . . . to . . . . inclusive will be canceled as provided in RCW 35.47.020, unless
such bonds or warrants are presented to the city or town
within one year from the date of last publication of the notice,
together with good cause shown as to why such cancellation
should not take place. If such bonds or warrants are not presented, with good cause shown, within one year after the last
date of publication of such notice, they may be canceled as
provided in RCW 35.47.020. [1965 ex.s. c 6 § 3.]
35.47.030
35.47.010
35.47.020 Declaration of obsolescence and cancellation upon distribution of moneys, untimely presentment,
or lack of money in local improvement fund. After the city
or town having said bonds or warrants referred to in RCW
35.47.010 has distributed the money in a local improvement
district fund in accordance with RCW 35.47.010, or such
35.47.020
(2010 Ed.)
35.47.040 Action under RCW 35.47.010 through
35.47.030 unaffected by chapter 35.48 RCW or other law.
Nothing in chapter 35.48 RCW or other existing law to the
contrary shall preclude the action authorized herein. [1965
ex.s. c 6 § 4.]
35.47.040
35.47.900 Severability—1965 ex.s. c 6. If any provision of this act, or its application to any person or circumstance is held to be invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1965 ex.s. c 6 § 6.]
35.47.900
Chapter 35.48
Chapter 35.48 RCW
LOCAL IMPROVEMENTS—
NONGUARANTEED BONDS
Sections
35.48.010
35.48.020
35.48.030
35.48.040
35.48.050
35.48.060
Special revolving fund for delinquent nonguaranteed bonds
and warrants—Composition.
Use of revolving fund—Maximum bond price.
Subrogation—Refund of surplus.
Refund to revolving fund.
Purchase of warrants on previous funds—Transfer of assets to
revolving fund—Disposition.
Procedure governed by ordinance.
35.48.010 Special revolving fund for delinquent nonguaranteed bonds and warrants—Composition. If any
city or town has issued bonds or warrants payable from a
local improvement or condemnation award fund, to which the
local improvement guaranty fund law is not applicable, and if
the assessment, or last installment thereof, against which the
bonds or warrants were issued has been delinquent not more
than thirty-two years, the city or town may create a special
35.48.010
[Title 35 RCW—page 179]
35.48.020
Title 35 RCW: Cities and Towns
revolving fund and may provide moneys therefor by general
tax levy, if the levy, together with other levies made or authorized by such city or town, will not exceed the levy which is
legally allowed; or such city or town may place in said fund
or advance or loan to said fund any money which it is not prohibited by law from advancing, loaning to or placing in said
fund. [1965 c 7 § 35.48.010. Prior: 1961 c 46 § 1; 1943 c 244
§ 2; Rem. Supp. 1943 § 9351-11.]
Purpose—1943 c 244: "WHEREAS, there are many millions of dollars
of delinquent and unpaid local improvement district and condemnation
award bonds and warrants issued by various cities of the state and not protected by the Local Improvement Guaranty Fund, only a small part of which
for the present at least can be paid and many of which will never be paid
because of inability of property owners to pay the special assessments levied
to provide funds for payment thereof and the depreciated value of the real
estate which is the only security provided by present law from which payment of the assessments may be enforced; and, WHEREAS, the cities are not
legally liable under existing law for payment of such bonds and warrants
except as there are moneys available in the special fund from which the same
are payable; and, WHEREAS, such cities and its citizens as a whole have
derived benefit from the improvements installed with the proceeds or as a
result of the issuance of such bonds and warrants; and, WHEREAS, the nonpayment of such unpaid and delinquent bonds and warrants not only causes
great hardship and suffering on those who have invested money in such
bonds and warrants, but also reflects discredit on the financial structure of
the various cities involved, to the detriment of the cities as a whole and also
the entire state; NOW, THEREFORE, this law is enacted to enable cities to
provide some relief from the hardship imposed by such conditions." [1943 c
244 § 1.]
35.48.020 Use of revolving fund—Maximum bond
price. Any moneys in such revolving fund may be used for
the purchase of unpaid delinquent local improvement warrants, or bonds and interest payments, or bonds and interest
coupons thereon, issued by the city or town, payable from a
local improvement district fund or condemnation award fund,
to which the local improvement guaranty fund law is not
applicable, if the assessment, or last installment thereof,
against which the bonds or warrants have been issued, has
been delinquent not more than thirty-two years. The maximum purchase price to be paid for said bonds or warrants
shall be fixed by the municipality, and may from time to time
be changed but shall never exceed fifty percent of the face
value of the bonds, interest payments, interest coupons, or
warrants: PROVIDED, That no warrants shall be issued payable from the revolving fund unless there is sufficient cash in
said fund available for payment of such warrants. [1983 c
167 § 45; 1965 c 7 § 35.48.020. Prior: 1961 c 46 § 2; 1943 c
244 § 3; Rem. Supp. 1943 § 9351-12.]
one dollar to each payer into said fund shall, after payment,
retirement, or cancellation of all bonds or warrants payable
from said fund, be refunded and paid to the payers into the
fund in the proportion that their respective assessments bear
to the entire original assessment levied for such improvement, and any unpaid assessments, or portion thereof, shall
be reduced in the same proportion. Any proceeds derived
from the sale of any bonds or warrants, or from the sale of
real estate, shall be placed in the revolving fund. [1965 c 7 §
35.48.030. Prior: 1943 c 244 § 4; Rem. Supp. 1943 § 935113.]
35.48.040
35.48.040 Refund to revolving fund. If there are funds
in any local improvement district fund or condemnation
award fund sufficient to pay or retire any bond or warrant
issued and payable from said fund, and the city or town is the
owner and holder of the bond or warrant next payable from
the fund, the city or town treasurer shall from the moneys in
the local improvement or condemnation award fund place in
the revolving fund a sum of money equivalent to the amount
paid by the city or town for such bond or warrant and shall
thereupon cancel, mark paid and remove from said revolving
fund such bond or warrant. [1965 c 7 § 35.48.040. Prior:
1943 c 244 § 5; Rem. Supp. 1943 § 9351-14.]
35.48.020
Additional notes found at www.leg.wa.gov
35.48.030 Subrogation—Refund of surplus. The purchase of any such bonds or warrants shall not relieve the local
improvement or condemnation award fund from which the
same are payable from liability for payment of the same, but
the city or town upon purchase thereof shall become subrogated to all the rights of the former owners thereof and may
proceed to enforcement of said bonds or warrants as any
owner thereof might do. The city or town may sell any property acquired by it in such proceedings upon such terms and
for such prices as it sees fit, or it may resell any of the bonds
or warrants for such prices as it shall fix.
Any excess in any local improvement district fund or
condemnation award fund which will average a payment of
35.48.030
[Title 35 RCW—page 180]
35.48.050
35.48.050 Purchase of warrants on previous funds—
Transfer of assets to revolving fund—Disposition. Whenever a city or town has heretofore by ordinance created a fund
for use in purchasing delinquent local improvement or condemnation award bonds or warrants not protected by the local
improvement guaranty fund law, and has purchased any such
bonds or warrants and issued warrants payable from said
fund, which warrants are unpaid because of lack of funds and
have remained unpaid for a period of less than thirty-two
years from date of issue thereof, the city or town may use any
funds available in the revolving fund to purchase said warrants at such price as it may determine, but in no event at
more than fifty percent of the face value, without interest.
Whenever all such warrants have been purchased or
paid, the city or town may transfer to the revolving fund any
bonds, warrants or other assets belonging to said fund first
above mentioned, and thereafter such bonds, warrants or
other assets shall be held and disposed of for the benefit of
said revolving fund in the same manner as other funds and
assets therein: PROVIDED, That nothing contained in this
chapter shall legalize any warrants heretofore issued or render any city or town liable thereunder. [1965 c 7 § 35.48.050.
Prior: 1961 c 46 § 3; 1943 c 244 § 6; Rem. Supp. 1943 §
9351-15.]
35.48.060
35.48.060 Procedure governed by ordinance. All
actions of a city or town respecting the purchase of bonds and
warrants or sales of bonds, warrants or assets of the revolving
fund shall be as directed by general or special ordinance.
[1965 c 7 § 35.48.060. Prior: 1943 c 244 § 7; Rem. Supp.
1943 § 9351-16.]
(2010 Ed.)
Local Improvements—Collection of Assessments
Chapter 35.49
Chapter 35.49 RCW
LOCAL IMPROVEMENTS—
COLLECTION OF ASSESSMENTS
Sections
35.49.010
35.49.020
35.49.030
35.49.040
35.49.050
35.49.060
35.49.070
35.49.080
35.49.090
35.49.100
35.49.110
35.49.130
35.49.140
35.49.150
35.49.160
35.49.170
Collection by city treasurer—Notices.
Installments—Number—Due date.
Ordinance to prescribe time of payment—Interest—Penalties.
Payment without interest or penalty.
Prepayment of installments subsequently due.
Payment by city or town.
Payment by county.
Payment by metropolitan park district.
Payment by joint owner.
Payment in error—Remedy.
Record of payment.
Tax liens—City may protect assessment lien at foreclosure
sale.
Tax liens—Payment by city after taking property on foreclosure of local assessments.
Tax title property—City may acquire from county before
resale.
Tax title property—Disposition of proceeds upon resale.
Acquisition of property by state or political subdivisions
which is subject to unpaid assessments and delinquencies.
Prepayment of taxes and assessments: RCW 35.21.650.
35.49.010 Collection by city treasurer—Notices. All
assessments for local improvements in local improvement
districts shall be collected by the city treasurer and shall be
kept in a separate fund to be known as "local improvement
fund, district No. . . . ." and shall be used for no other purpose
than the redemption of warrants drawn upon and bonds
issued against the fund to provide payment for the cost and
expense of the improvement.
All assessments for local improvements in a utility local
improvement district shall be collected by the city treasurer,
shall be paid into the appropriate revenue bond fund, and
shall be used for no other purpose than the redemption of revenue bonds issued to provide funds for the cost and expense
of the improvement.
As soon as the assessment roll has been placed in the
hands of the city or town treasurer for collection, he or she
shall publish a notice in the official newspaper of the city or
town once a week for two consecutive weeks, that the roll is
in his or her hands for collection and that all or any portion of
the assessment may be paid within thirty days from the date
of the first publication of the notice without penalty, interest
or costs.
Within fifteen days of the first newspaper publication,
the city or town treasurer shall notify each owner or reputed
owner whose name appears on the assessment roll, at the
address shown on the tax rolls of the county treasurer for each
item of property described on the list, of the nature of the
assessment, of the amount of his or her real property subject
to such assessment, of the total amount of assessment due,
and of the time during which such assessment may be paid
without penalty, interest, or costs. [2009 c 549 § 2085; 1972
ex.s. c 137 § 1; 1969 ex.s. c 258 § 13; 1967 c 52 § 13; 1965 c
7 § 35.49.010. Prior: (i) 1911 c 98 § 28; RRS § 9380. (ii)
1911 c 98 § 50, part; RRS § 9403, part.]
35.49.010
Additional notes found at www.leg.wa.gov
35.49.020 Installments—Number—Due date. In all
cases where bonds are issued to pay the cost and expense of a
local improvement, the ordinance levying the assessments
35.49.020
(2010 Ed.)
35.49.040
shall provide that the sum charged against any lot, tract, and
parcel of land or other property, or any portion thereof, may
be paid during the thirty day period allowed for the payment
of assessments without penalty or interest and that thereafter
the sum remaining unpaid may be paid in equal annual principal installments or in equal annual installments of principal
and interest. The number of installments shall be less by two
than the number of years which the bonds issued to pay for
the improvement are to run. The estimated interest rate may
be stated in the ordinance confirming the assessment roll.
Where payment is required in equal annual principal installments, interest on the whole amount unpaid at the rate fixed
by the ordinance authorizing the issuance and sale of the
bonds shall be due on the due date of the first installment of
principal and each year thereafter on the due date of each
installment of principal: PROVIDED, That the legislative
authority of any city or town having made a bond issue payable on or before twenty-two years after the date of issue may
provide by ordinance that all assessments and portions of
assessments unpaid after the thirty day period allowed for
payment of assessments without penalty or interest may be
paid in ten equal installments beginning with the eleventh
year and ending with the twentieth year from the expiration
of said thirty day period, together with interest on the unpaid
installments at the rate fixed by such ordinance, and that in
each year after the said thirty day period, to and including the
tenth year thereafter, one installment of interest on the principal sum of the assessment at the rate so fixed shall be paid
and collected, and that beginning with the eleventh year after
the thirty day period one installment of the principal, together
with the interest due thereon, and on all installments thereafter to become due shall be paid and collected. [1982 c 96 § 1;
1981 c 323 § 5; 1969 ex.s. c 258 § 14; 1965 c 7 § 35.49.020.
Prior: 1925 ex.s. c 117 § 1; 1915 c 168 § 5; 1911 c 98 § 49;
1899 c 124 § 4; RRS § 9402.]
35.49.030
35.49.030 Ordinance to prescribe time of payment—
Interest—Penalties. Every city and town shall prescribe by
ordinance within what time assessments or installments
thereof shall be paid, and shall provide for the payment and
collection of interest thereon at a rate as shall be fixed by the
legislative body of the city or town. Assessments or installments thereof, when delinquent, in addition to such interest,
shall bear such penalty not less than five percent as shall be
by general ordinance prescribed. [1971 ex.s. c 116 § 5; 1969
ex.s. c 258 § 15; 1965 c 7 § 35.49.030. Prior: 1955 c 353 § 3;
prior: 1927 c 275 § 1, part; 1921 c 92 § 1, part; 1911 c 98 §
24, part; RRS § 9376, part.]
35.49.040
35.49.040 Payment without interest or penalty. The
owner of any lot, tract, or parcel of land or other property
charged with local improvement assessment may redeem it
from all or any portion thereof by paying to the city or town
treasurer all or any portion thereof without interest within
thirty days after the first publication by the treasurer of notice
that the assessment roll is in his or her hands for collection.
[2009 c 549 § 2086; 1965 c 7 § 35.49.040. Prior: 1911 c 98
§ 50, part; RRS § 9403, part.]
[Title 35 RCW—page 181]
35.49.050
Title 35 RCW: Cities and Towns
35.49.050
35.49.050 Prepayment of installments subsequently
due. The owner of any lot, tract, or parcel of land or other
property charged with a local improvement assessment may
redeem it from all liability for the unpaid amount of the
assessment at any time after the thirty day period allowed for
payment of assessments without penalty or interest by paying
the entire installments of the assessment remaining unpaid to
the city or town treasurer with interest thereon to the date of
maturity of the installment next falling due. [1965 c 7 §
35.49.050. Prior: 1911 c 98 § 50, part; RRS § 9403, part.]
35.49.060
35.49.060 Payment by city or town. On or before the
fifteenth day of August of each year, the city or town treasurer shall certify to the city or town council a detailed statement showing:
(1) The proceedings authorizing and confirming any
local improvement assessments or utility local improvement
assessments affecting city or town property,
(2) The lots, tracts, or parcels of lands of the city or town
so assessed,
(3) The several assessments against each,
(4) The interest, penalties, and charges thereon,
(5) The penalties and charges which will accrue upon the
assessments to the date of payment, and
(6) The total of all such assessments, interest, penalty,
and charges.
The longest outstanding liens shall be paid first, but if the
money in the "city (or town) property assessments redemption fund" is insufficient at any time to discharge all such
liens against the lands of the city or town upon a given assessment roll, the city or town treasurer may pay such portion
thereof as may be possible from the funds available.
If deemed necessary, the city or town council may transfer money from the general fund to the redemption fund as a
loan to be repaid when the money is available for repayment.
[1967 c 52 § 14; 1965 c 7 § 35.49.060. Prior: 1929 c 183 § 2,
part; 1909 c 130 § 2; RRS § 9345, part.]
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
35.49.080 Payment by metropolitan park district.
Upon the confirmation of the assessment roll for a local
improvement district or utility local improvement district, the
city treasurer shall certify and forward to the board of park
commissioners of any metropolitan park district in which the
city is located, a statement of all the lots, tracts, and parcels of
land or other property held or owned by the district, assessed
thereon, separately describing each lot, tract, or parcel with
the amount of the assessment charged against it.
The board of park commissioners shall cause the amount
of the local assessments to be paid as other claims against the
metropolitan park district are paid. [1967 c 52 § 16; 1965 c 7
§ 35.49.080. Prior: 1929 c 204 § 3; RRS § 9343-3.]
35.49.080
Additional notes found at www.leg.wa.gov
35.49.090 Payment by joint owner. If any assessment
for a local improvement, or an installment thereof, or judgment for either of them is paid, or a certificate of sale for
either of them is redeemed by a joint owner of any of the
property so assessed, he or she may, after demand and
refusal, recover from his or her co-owners, by an action
brought in superior court, the respective portions of the payment which each co-owner should bear. He or she shall have
a lien upon the undivided interests of his or her co-owners
from the date of the payment made by him or her and in the
action shall recover interest at ten percent from the date of
payment by him or her and the costs of the action in addition
to the principal sum due him or her. [2009 c 549 § 2087;
1965 c 7 § 35.49.090. Prior: 1911 c 98 § 62; RRS § 9415.]
35.49.090
35.49.100 Payment in error—Remedy. If, through
error or inadvertence, a person pays any assessment for a
local improvement or an installment thereof upon the lands of
another, he or she may, after demand and refusal, recover
from the owner of such lands, by an action in the superior
court, the amount so paid and the costs of the action. [2009 c
549 § 2088; 1965 c 7 § 35.49.100. Prior: 1911 c 98 § 65;
RRS § 9418.]
35.49.100
35.49.070
35.49.070 Payment by county. Upon the confirmation
of the assessment roll for a local improvement district or utility local improvement district, the city or town treasurer shall
certify and forward to the board of county commissioners a
statement of all the lots, tracts, or parcels of land held or
owned by the county assessed thereon, separately describing
each lot, tract, or parcel, with the amount of the assessment
charged against it.
The board of county commissioners shall cause the
amount of such local assessments to be paid to the city or
town as other claims against the county are paid.
If title to any property thus described was acquired by
the county through foreclosure of general tax liens, the
county shall:
(1) Pay the assessment from the proceeds of the sale of
the property; or
(2) Sell the property subject to the lien of the assessment.
[1967 c 52 § 15; 1965 c 7 § 35.49.070. Prior: 1929 c 139 § 1;
1905 c 29 § 3; RRS § 9342.]
[Title 35 RCW—page 182]
35.49.110 Record of payment. If the amount of any
assessment for a local improvement with interest, penalty,
costs, and charges accrued thereon is paid to the treasurer
before sale of the property in foreclosure of the lien thereon,
the city or town treasurer shall mark it paid upon the assessment roll with the date of payment thereof. [1965 c 7 §
35.49.110. Prior: 1927 c 275 § 2; 1911 c 98 § 30; RRS §
9382.]
35.49.110
35.49.130 Tax liens—City may protect assessment
lien at foreclosure sale. If any property situated in a local
improvement district or utility local improvement district created by a city or town is offered for sale for general taxes by
the county treasurer, the city or town shall have power to protect the lien or liens of any local improvement assessments
outstanding against the whole or portion of such property by
purchase at the treasurer’s foreclosure sale. [1995 c 38 § 2;
1994 c 301 § 4; 1965 c 7 § 35.49.130. Prior: (i) 1911 c 98 §
35.49.130
(2010 Ed.)
Local Improvements—Foreclosure of Assessments
63; RRS § 9416. (ii) 1929 c 143 § 1, part; 1925 ex.s. c 170 §
1, part; 1911 c 98 § 40, part; RRS § 9393, part.]
Additional notes found at www.leg.wa.gov
35.49.140 Tax liens—Payment by city after taking
property on foreclosure of local assessments. If a city or
town has bid in any property on sale for local improvement
assessments, it may satisfy the lien of any outstanding general taxes upon the property by payment of the face of such
taxes and costs, without penalty or interest, but this shall not
apply where certificates of delinquency against the property
have been issued to private persons. [1965 c 7 § 35.49.140.
Prior: 1929 c 143 § 1, part; 1925 ex.s. c 170 § 1, part; 1911 c
98 § 40, part; RRS § 9393, part.]
35.49.140
35.49.150 Tax title property—City may acquire from
county before resale. If property is struck off to or bid in by
a county at a sale for general taxes, and is subject to local
improvement assessments in any city or town, or has been
taken over by the city or town on the foreclosure of local
improvement assessments, the city or town may acquire the
property from the county at any time before resale and
receive a deed therefor upon paying the face of such taxes
and costs, without penalty or interest. [1965 c 7 § 35.49.150.
Prior: 1929 c 143 § 1, part; 1925 ex.s. c 170 § 1, part; 1911 c
98 § 40, part; RRS § 9393, part.]
35.49.150
35.49.160 Tax title property—Disposition of proceeds upon resale. Whenever property struck off to or bid in
by a county at a sale for general taxes is subsequently sold by
the county, the proceeds of the sale shall first be applied to
discharge in full the lien or liens for general taxes for which
property was sold; the remainder, or such portion thereof as
may be necessary, shall be paid to the city or town to discharge all local improvement assessment liens against the
property; and the surplus, if any, shall be distributed among
the proper county funds. [1965 c 7 § 35.49.160. Prior: 1929
c 143 § 1, part; 1925 ex.s. c 170 § 1, part; 1911 c 98 § 40, part;
RRS § 9393, part.]
35.49.160
35.49.170 Acquisition of property by state or political
subdivisions which is subject to unpaid assessments and
delinquencies. See RCW 79.44.190.
35.49.170
Chapter 35.50
Chapter 35.50 RCW
LOCAL IMPROVEMENTS—
FORECLOSURE OF ASSESSMENTS
Sections
35.50.005
35.50.010
35.50.020
35.50.030
35.50.040
35.50.050
35.50.220
35.50.225
35.50.230
35.50.240
35.50.250
(2010 Ed.)
Filing of title, diagram, expense—Posting proposed roll.
Assessment lien—Attachment—Priority.
Assessment lien—Validity.
Authority and conditions precedent to foreclosure.
Entire assessment, foreclosure of.
Limitation of foreclosure action.
Procedure—Commencement of action.
Procedure—Form of summons.
Procedure—Parties and property included.
Procedure—Pleadings and evidence.
Procedure—Summons and service.
35.50.260
35.50.270
35.50.020
Procedure—Trial and judgment—Notice of sale.
Procedure—Sale—Right of redemption.
35.50.005 Filing of title, diagram, expense—Posting
proposed roll. Within fifteen days after any city or town has
ordered a local improvement and created a local improvement district, the city or town shall cause to be filed with the
officer authorized by law to collect the assessments for such
improvement, the title of the improvement and district number and a copy of the diagram or print showing the boundaries of the district and preliminary assessment roll or
abstract of same showing thereon the lots, tracts and parcels
of land that will be specially benefited thereby and the estimated cost and expense of such improvement to be borne by
each lot, tract, or parcel of land. Such officer shall immediately post the proposed assessment roll upon his or her index
of local improvement assessments against the properties
affected by the local improvement. [2009 c 549 § 2089; 1969
ex.s. c 258 § 16; 1965 c 7 § 35.50.005. Prior: 1955 c 353 §
1.]
35.50.005
35.50.010 Assessment lien—Attachment—Priority.
The charge assessed upon the respective lots, tracts, or parcels of land and other property in the assessment roll confirmed by ordinance of the city or town council for the purpose of paying the cost and expense in whole or in part of any
local improvement, shall be a lien upon the property assessed
from the time the assessment roll is placed in the hands of the
city or town treasurer for collection, but as between the
grantor and grantee, or vendor and vendee of any real property, when there is no express agreement as to payment of the
local improvement assessments against the real property, the
lien of such assessment shall attach thirty days after the filing
of the diagram or print and the estimated cost and expense of
such improvement to be borne by each lot, tract, or parcel of
land, as provided in RCW 35.50.005. Interest and penalty
shall be included in and shall be a part of the assessment lien.
The assessment lien shall be paramount and superior to
any other lien or encumbrance theretofore or thereafter created except a lien for general taxes. [1965 c 7 § 35.50.010.
Prior: 1955 c 353 § 4; prior: (i) 1911 c 98 § 20; RRS § 9372.
(ii) 1927 c 275 § 1, part; 1921 c 92 § 1; 1911 c 98 § 24, part;
RRS § 9376, part.]
35.50.010
35.50.020 Assessment lien—Validity. If the city or
town council in making assessments against any property
within any local improvement district or utility local
improvement district has acted in good faith and without
fraud, the assessments shall be valid and enforceable as such
and the lien thereof upon the property assessed shall be valid.
It shall be no objection to the validity of the assessment,
or the lien thereof:
(1) That the contract for the improvement was not
awarded in the manner or at the time required by law; or
(2) That the assessment was made by an unauthorized
officer or person if the assessment roll was confirmed by the
city or town authorities; or
(3) That the assessment is based upon a front foot basis,
or upon a basis of benefits to the property within the improvement district unless it is made to appear that the city or town
authorities did not act in good faith and did not attempt to act
35.50.020
[Title 35 RCW—page 183]
35.50.030
Title 35 RCW: Cities and Towns
fairly in regard thereto or unless it is made to appear that the
city or town authorities acted fraudulently or oppressively in
making the assessment.
All local improvement assessments heretofore or hereafter made by city or town authorities in good faith are valid
and in full force and effect. [1967 c 52 § 17; 1965 c 7 §
35.50.020. Prior: 1911 c 98 § 61; RRS § 9414.]
Additional notes found at www.leg.wa.gov
35.50.030 Authority and conditions precedent to
foreclosure. If on the first day of January in any year, two
installments of any local improvement assessment are delinquent, or if the final installment thereof has been delinquent
for more than one year, the city or town shall proceed with
the foreclosure of the delinquent assessment or delinquent
installments thereof by proceedings brought in its own name
in the superior court of the county in which the city or town is
situate.
The proceedings shall be commenced on or before
March 1st of that year or on or before such other date in such
year as may be fixed by general ordinance, but not before the
city or town treasurer has notified by certified mail the persons whose names appear on the current assessment roll as
owners of the property charged with the assessments or
installments which are delinquent, at the address last known
to the treasurer, a notice thirty days before the commencement of the proceedings. If the person whose name appears
on the assessment rolls of the county assessor as owner of the
property, or whose name appears on the tax rolls of the
county treasurer as taxpayer of the property, or the address
shown for the owner, differs from that appearing on the city
or town assessment roll, then the treasurer shall also mail a
copy of the notice to that person or that address.
The notice shall state the amount due, including foreclosure costs, upon each separate lot, tract, or parcel of land and
the date after which the proceedings will be commenced. The
city or town treasurer shall file with the clerk of the superior
court at the time of commencement of the foreclosure proceeding the affidavit of the person who mailed the notices.
This affidavit shall be conclusive proof of compliance with
the requirements of this section. [2002 c 168 § 1; 1997 c 393
§ 1; 1983 c 303 § 18; 1982 c 91 § 1; 1981 c 323 § 6; 1965 c 7
§ 35.50.030. Prior: 1933 c 9 § 1, part; 1927 c 275 § 5, part;
1919 c 70 § 2; 1915 c 185 § 1; 1911 c 98 §§ 34, 36, part; RRS
§ 9386, part; prior: 1897 c 111.]
35.50.030
Additional notes found at www.leg.wa.gov
35.50.040 Entire assessment, foreclosure of. When
the local improvement assessment is payable in installments,
the enforcement of the lien of any installment shall not prevent the enforcement of the lien of any subsequent installment.
A city or town may by general ordinance provide that
upon failure to pay any installment due the entire assessment
shall become due and payable and the collection thereof
enforced by foreclosure: PROVIDED, That the payment of
all delinquent installments together with interest, penalty, and
administrative costs at any time before entry of judgment in
foreclosure shall extend the time of payment on the remainder of the assessments as if there had been no delinquency or
35.50.040
[Title 35 RCW—page 184]
foreclosure. Where foreclosure of two installments of the
same assessment on any lot, tract, or parcel is sought, the city
or town treasurer shall cause such lot, tract, or parcel to be
dismissed from the action, if the installment first delinquent
together with interest, penalty, administrative costs, and
charges is paid at any time before sale. [1997 c 393 § 2; 1965
c 7 § 35.50.040. Prior: (i) 1933 c 9 § 1, part; 1927 c 275 § 5,
part; 1919 c 70 § 2, part; 1915 c 185 § 1; 1911 c 98 §§ 34, 36,
part; RRS § 9386, part. (ii) 1919 c 70 § 1; 1911 c 98 § 35;
RRS § 9388; prior: 1897 c 111.]
35.50.050 Limitation of foreclosure action. An action
to collect a local improvement assessment or any installment
thereof or to enforce the lien thereof whether brought by the
city or town, or by any person having the right to bring such
action must be commenced within ten years after the assessment becomes delinquent or within ten years after the last
installment becomes delinquent, if the assessment is payable
in installments: PROVIDED, That the time during which
payment of principal is deferred as to economically disadvantaged property owners as provided for in RCW 35.43.250
shall not be a part of the time limited for the commencement
of action. [1989 c 11 § 6; 1972 ex.s. c 137 § 5; 1965 c 7 §
35.50.050. Prior: 1911 c 98 § 41; RRS § 9394.]
35.50.050
Additional notes found at www.leg.wa.gov
35.50.220 Procedure—Commencement of action. In
foreclosing local improvement assessment liens, a city or
town shall proceed by filing a complaint in the superior court
of the county in which the city or town is located. It shall be
sufficient to allege in the complaint (1) the passage of the
ordinance authorizing the improvement, (2) the making of the
improvement, (3) the levying of the assessment, (4) the confirmation thereof, (5) the date of delinquency of the installment or installments of the assessment for the enforcement of
which the action is brought and (6) that they have not been
paid prior to delinquency or at all. [1982 c 91 § 2; 1965 c 7 §
35.50.220. Prior: 1933 c 9 § 2, part; RRS § 9386-1, part.]
35.50.220
Additional notes found at www.leg.wa.gov
35.50.225 Procedure—Form of summons. In foreclosing local improvement assessments, the summons shall
be substantially in the following form:
35.50.225
SUPERIOR COURT OF WASHINGTON
FOR [ . . . . . .] COUNTY
............. ,
Plaintiff,
v.
............. ,
Defendant.
No . . . . .
SUMMONS FOR FORECLOSURE
OF LOCAL IMPROVEMENT
ASSESSMENT LIEN
To the Defendant: A lawsuit has been started against
you in the above entitled court by . . . . . ., plaintiff. Plaintiff’s claim is stated in the written complaint, a copy of which
is served upon you with this summons. The purpose of this
(2010 Ed.)
Local Improvements—Foreclosure of Assessments
suit is to foreclose on your interest in the following described
property:
[legal description]
35.50.260
defendants thereto. [1983 c 303 § 19; 1982 c 91 § 3; 1967 c
52 § 19; 1965 c 7 § 35.50.230. Prior: 1933 c 9 § 2, part; RRS
§ 9386-1, part.]
Additional notes found at www.leg.wa.gov
which is located at:
[street address]
In order to defend against this lawsuit, you must respond
to the complaint by stating your defense in writing, and by
serving a copy upon the person signing this summons within
twenty days after the service of this summons, excluding the
day of service, or a default judgment may be entered against
you without notice. A default judgment is one where plaintiff
is entitled to what he or she asks for because you have not
responded. If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default
judgment may be entered.
IMPORTANT NOTICE
If judgment is taken against you, either by default or
after hearing by the court, your property will be sold at public
auction.
You may prevent the sale by paying the amount of the
judgment at any time prior to the sale.
If your property is sold, you may redeem the property at
any time up to two years after the date of the sale, by paying
the amount for which the property was sold, plus interest and
costs of the sale.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response,
if any, may be served on time.
Dated . . . . . . . . .
[signed] . . . . . . . . . . . . . . . . . . . . .
............................
Print or Type Name
( )
Plaintiff
( )
Plaintiff’s
Attorney
P.O. Address . . . . . . . . . . . . . . . . .
Telephone Number . . . . . . . . . . . .
[2009 c 549 § 2090; 1982 c 91 § 6.]
Additional notes found at www.leg.wa.gov
35.50.230 Procedure—Parties and property
included. In foreclosing local improvement assessment
liens, it is not necessary to bring a separate suit for each of the
lots, tracts, or parcels of land or other property or for each
separate local improvement district or utility local improvement district. All or any of the lots, tracts, or parcels of land
or other property upon which local improvement assessments
are delinquent under any and all local improvement assessment rolls in the city or town may be proceeded against in the
same action. For all lots, tracts, or parcels which contain a
residential structure with an assessed value of at least two
thousand dollars, all persons owning or claiming to own the
property shall be made defendants thereto. For all other lots,
tracts, or parcels, the persons whose names appear on the
assessment roll and property tax rolls as owners of the property charged with the assessments or taxes shall be made
35.50.230
(2010 Ed.)
35.50.240 Procedure—Pleadings and evidence. In
foreclosing local improvement assessment liens, the assessment roll and the ordinance confirming it, or duly authenticated copies thereof shall be prima facie evidence of the regularity and legality of the proceedings connected therewith
and the burden of proof shall be on the defendants. [1982 c
91 § 4; 1965 c 7 § 35.50.240. Prior: 1933 c 9 § 2, part; RRS
§ 9386-1, part.]
35.50.240
Additional notes found at www.leg.wa.gov
35.50.250 Procedure—Summons and service. In
foreclosing local improvement assessments, if the lot, tract,
or parcel contains a residential structure with an assessed
value of at least two thousand dollars, the summons shall be
served upon the defendants in the manner required by RCW
4.28.080. For all other lots, tracts, or parcels the summons
shall be served by either personal service on the defendants or
by certified and regular mail. [1983 c 303 § 20; 1982 c 91 §
5; 1965 c 7 § 35.50.250. Prior: 1933 c 9 § 2, part; RRS §
9386-1, part.]
35.50.250
Commencement of actions: Chapter 4.28 RCW.
Additional notes found at www.leg.wa.gov
35.50.260 Procedure—Trial and judgment—Notice
of sale. In foreclosing local improvement assessments the
action shall be tried to the court without a jury. If the parties
interested in any particular lot, tract, or parcel default, the
court may enter judgment of foreclosure and sale as to such
parties and lots, tracts, or parcels and the action may proceed
as to the remaining defendants and lots, tracts, or parcels.
Judgment and order of sale may be entered as to any one or
more separate lots, tracts, or parcels involved in the action
and the court shall retain jurisdiction to others.
The judgment shall specify separately the amount of the
installments with interest, penalty, and all reasonable administrative costs, including, but not limited to, the title searches,
chargeable to each lot, tract, or parcel. The judgment shall
have the effect of a separate judgment as to each lot, tract, or
parcel described in the judgment, and any appeal shall not
invalidate or delay the judgment except as to the property
concerning which the appeal is taken. In the judgment the
court shall order the lots, tracts, or parcels therein described
sold by the city or town treasurer or by the county sheriff and
an order of sale shall issue pursuant thereto for the enforcement of the judgment.
In all other respects, the trial, judgment, and appeals to
the supreme court or the court of appeals shall be governed
by the statutes governing the foreclosure of mortgages on real
property.
Prior to the sale of the property, if the property is shown
on the property tax rolls under unknown owner or if the property contains a residential structure having an assessed value
of two thousand dollars or more, the treasurer shall order or
conduct a title search of the property to determine the record
title holders and all persons claiming a mortgage, deed of
35.50.260
[Title 35 RCW—page 185]
35.50.270
Title 35 RCW: Cities and Towns
trust, or mechanic’s, laborer’s, materialmen’s, or vendor’s
lien on the property.
At least thirty days prior to the sale of the property, a
copy of the notice of sale shall be mailed by certified and regular mail to all defendants in the foreclosure action as to that
parcel, lot, or tract and, if the owner is unknown or the property contains a residential structure having an assessed value
of two thousand dollars or more, a copy of the notice of sale
shall be mailed by regular and certified mail to any additional
record title holders and persons claiming a mortgage, deed of
trust, or mechanic’s, laborer’s, materialmen’s, or vendor’s
lien on the property.
In all other respects the procedure for sale shall be conducted in the same manner as property tax sales described in
RCW 84.64.080. [1997 c 393 § 3; 1983 c 303 § 21; 1982 c
91 § 7; 1971 c 81 § 93; 1965 c 7 § 35.50.260. Prior: 1933 c 9
§ 2, part; RRS § 9386-1, part.]
Foreclosure of real estate mortgages and personal property liens: Chapter
61.12 RCW.
Foreclosure of special assessments by water-sewer districts—Attorneys’
fees: RCW 57.16.150.
Additional notes found at www.leg.wa.gov
35.50.270 Procedure—Sale—Right of redemption.
In foreclosing local improvement assessments, all sales shall
be subject to the right of redemption within two years from
the date of sale. [1983 c 303 § 22; 1982 c 91 § 8; 1965 c 7 §
35.50.270. Prior: 1933 c 9 § 2, part; RRS § 9386-1, part.]
35.50.270
Additional notes found at www.leg.wa.gov
Chapter 35.51 RCW
LOCAL IMPROVEMENTS—CLASSIFICATION OF
PROPERTY—RESERVE FUNDS
Chapter 35.51
Sections
35.51.010
35.51.020
35.51.030
35.51.040
35.51.050
35.51.900
35.51.9001
35.51.901
Definitions.
Joint planning, construction, and operation of improvements.
Alternative or additional method of assessment—Classification of property.
Reserve fund authorized—Use.
Loan agreements—Assessments may be pledged.
Authority supplemental—1985 c 397.
Authority supplemental—1997 c 426.
Severability—1985 c 397.
35.51.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Local improvement district" means any local
improvement district, local utility district, or any other similar special assessment district.
(2) "Municipality" means any city, town, county, metropolitan municipal corporation, or any other municipal corporation or quasi-municipal corporation of the state of Washington authorized to order local improvements, to establish
local improvement districts, and to levy special assessments
on property specially benefited thereby to pay the expense of
the improvements.
(3) "Permissible floor area" means the maximum total
floor area, at grade and above and below grade, of a building
or other structure that may lawfully be developed on a property.
(4) "Private land use restriction" means any restriction
on the use of property imposed by agreement and enforceable
35.51.010
[Title 35 RCW—page 186]
by a court of law and that the legislative authority of a municipality determines is useful in measuring special benefits to a
property from an improvement. Such restrictions include but
are not limited to easements, covenants, and equitable servitudes that are not mere personal obligations.
(5) "Public land use restriction" means any restriction on
the use of property imposed by federal, state, or local laws,
regulations, ordinances, or resolutions. Such restrictions
include but are not limited to local zoning ordinances and historic preservation statutes. [1985 c 397 § 5.]
35.51.020 Joint planning, construction, and operation of improvements. A municipality may contract with
any other municipality, with a public corporation, or with the
state of Washington, for the following purposes:
(1) To have the acquisition or construction of the whole
or any part of an improvement performed by another municipality, by a public corporation, or by the state of Washington;
(2) To pay, from assessments on property within a local
improvement district or from the proceeds of local improvement district bonds, notes or warrants, the whole or any part
of the expense of an improvement ordered, constructed,
acquired, or owned by another municipality or a public corporation; or
(3) To integrate the planning, financing, construction,
acquisition, management, or operation, or any combination
thereof, of the improvements of one municipality or a public
corporation with the planning, financing, construction, acquisition, management, or operation, or any combination
thereof, of the improvements of another municipality or public corporation on such terms and conditions as may be mutually agreed upon including, but not limited to, the allocation
of the costs of the improvements and the allocation of planning, financing, construction, management, operation, or
other responsibilities. [1987 c 242 § 5; 1985 c 397 § 6.]
35.51.020
Additional notes found at www.leg.wa.gov
35.51.030 Alternative or additional method of assessment—Classification of property. (1) As an alternative or
in addition to other methods of ascertaining assessments for
local improvements, the legislative authority of a municipality may develop and apply a system of classification of properties based upon some or all of the public land use restrictions or private land use restrictions to which such property
may be put at the time the assessment roll is confirmed.
(2) The legislative authority of a municipality may classify property into office, retail, residential, public, or any
other classifications the legislative authority finds reasonable, and may levy special assessments upon different classes
of property at different rates, but in no case may a special
assessment exceed the special benefit to a particular property.
A municipality also may exempt certain classes of property
from assessment if the legislative authority of the municipality determines that properties within such classes will not
specially benefit from the improvement.
(3) For each property within a classification, the legislative authority of the municipality may determine the special
assessment after consideration of any or all of the following:
(a) Square footage of the property;
(b) Permissible floor area;
35.51.030
(2010 Ed.)
Local Improvements—Classification of Property—Reserve Funds
(c) Distance from or proximity of access to the local
improvement;
(d) Private land use restrictions and public land use
restrictions;
(e) Existing facilities on the property at the time the
assessment roll is confirmed; and
(f) Any other factor the legislative authority finds to be a
reasonable measure of the special benefits to the properties
being assessed.
(4) If after the assessment roll is confirmed, the legislative authority of a municipality finds that the lawful uses of
any assessed property have changed and that the property no
longer falls within its original classification, the legislative
authority may, in its discretion, reclassify and reassess such
property whether or not the bonds issued to pay any part of
such costs remain outstanding. If such reassessment reduces
the total outstanding assessments within the local improvement district, the legislative authority shall either reassess all
other properties upward in an aggregate amount equal to such
reduction, or shall pledge additional money, including money
in a reserve fund, to the payment of principal of and interest
on such bonds in an amount equal to such reduction.
(5) When the legislative authority of a municipality
determines that it will use the alternative or additional
method of assessment authorized by this section, it may
select and describe the method or methods of assessment in
the ordinance ordering a local improvement and creating a
local improvement district if such method or methods of
assessment have been described in the notice of hearing
required under RCW 35.43.150. If the method or methods of
assessment are so selected and described in the ordinance
ordering a local improvement and creating a local improvement district, the action and decision of the legislative authority as to such method or methods of assessment shall be final
and conclusive, and no lawsuit whatsoever may be maintained challenging such method or methods of assessment
unless that lawsuit is served and filed no later than thirty days
after the date of passage of the ordinance ordering the
improvement, and creating the district or, when applicable,
no later than thirty days after the expiration of the thirty-day
protest period provided in RCW 35.43.180. [1985 c 397 § 7.]
35.51.040 Reserve fund authorized—Use. For the
purpose of securing the payment of the principal of and interest on an issue of local improvement bonds, notes, warrants,
or other short-term obligations, the legislative authority of a
municipality may create a reserve fund in an amount not
exceeding fifteen percent of the principal amount of the
bonds, notes, or warrants issued. The cost of a reserve fund
may be included in the cost and expense of any local
improvement for assessment against the property in the local
improvement district to pay the cost, or any part thereof. The
reserve fund may be provided for from the proceeds of the
bonds, notes, warrants, or other short-term obligations, from
special assessment payments, or from any other money
legally available therefor. The legislative authority of a
municipality shall provide that after payment of administrative costs a sum in proportion to the ratio between the part of
the original assessment against a given lot, tract, or parcel of
land in a local improvement district assessed to create a
reserve fund, if any, and the total original amount of such
35.51.9001
assessment, plus a proportionate share of any interest accrued
in the reserve fund, shall be credited and applied, respectively, to any nondelinquent portion of the principal of that
assessment and any nondelinquent installment interest on that
assessment paid by a property owner, but in no event may the
principal amount of bonds outstanding exceed the principal
amount of assessments outstanding. Whether the payment is
made during the thirty-day prepayment period referred to in
RCW 35.49.010 and 35.49.020 or thereafter and whenever all
or part of a remaining nondelinquent assessment or any nondelinquent installment payment of principal and interest is
paid, the reserve fund balance shall be reduced accordingly as
each such sum is thus credited and applied to a nondelinquent
principal payment and a nondelinquent interest payment.
Each payment of a nondelinquent assessment or any nondelinquent installment payment of principal and interest shall
be reduced by the amount of the credit. The balance of a
reserve fund remaining after payment in full and retirement
of all local improvement bonds, notes, warrants, or other
short-term obligations secured by such fund shall be transferred to the municipality’s guaranty fund.
Where, before July 26, 1987, a municipality established
a reserve fund under this section that did not provide for a
credit or reimbursement of the money remaining in the
reserve fund to the owners of the lots, tracts, or parcels of
property subject to the assessments, the balance in the reserve
fund shall be distributed, after payment in full and retirement
of all local improvement district bonds and other obligations
secured by the reserve fund, to those owners of the lots,
tracts, or parcels of property subject to the assessments at the
time the final installment or assessment payment on the lot,
tract, or parcel was made. No owner is eligible to receive
reimbursement for a lot, tract, or parcel if a lien on an unpaid
assessment, or an installment thereon, that was imposed on
such property remains in effect at the time the reimbursement
is made or was foreclosed on the property. The amount to be
distributed to the owners of each lot, tract, or parcel that is eligible for reimbursement shall be equal to the balance in the
reserve fund, multiplied by the assessment imposed on the
lot, tract, or parcel, divided by the total of all the assessments
on the lots, tracts, or parcels eligible for reimbursement.
[1987 c 340 § 1; 1985 c 397 § 8.]
35.51.040
(2010 Ed.)
35.51.050 Loan agreements—Assessments may be
pledged. Assessments for local improvements in a local
improvement district created by a municipality may be
pledged and applied when collected to the payment of its
obligations under a loan agreement entered into under chapter 39.69 RCW to pay costs of improvements in such a local
improvement district. [1997 c 426 § 4.]
35.51.050
35.51.900 Authority supplemental—1985 c 397. The
authority granted by sections 1 through 8 of this act is supplemental and in addition to the authority granted by Title 35
RCW and to any other authority granted to cities, towns, or
municipal corporations to levy special assessments. [1985 c
397 § 12.]
35.51.900
35.51.9001 Authority supplemental—1997 c 426.
The authority granted by RCW 35.51.050 is supplemental
35.51.9001
[Title 35 RCW—page 187]
35.51.901
Title 35 RCW: Cities and Towns
and in addition to the authority granted by Title 35 RCW and
to any other authority granted to cities, towns, or municipal
corporations to levy, pledge, and apply special assessments.
[1997 c 426 § 5.]
35.51.901 Severability—1985 c 397. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 397 § 13.]
35.51.901
Chapter 35.53 RCW
LOCAL IMPROVEMENTS—DISPOSITION OF
PROPERTY ACQUIRED
Chapter 35.53
Sections
35.53.010
35.53.020
35.53.030
35.53.040
35.53.050
35.53.060
35.53.070
Property to be held in trust—Taxability.
Discharge of trust.
Sale or lease of trust property.
Termination of trust in certain property.
Termination of trust in certain property—Complaint—Allegations.
Termination of trust in certain property—Property—Parties—
Summons.
Termination of trust in certain property—Receivership—Regulations.
35.53.010 Property to be held in trust—Taxability.
Property bid in by the city or town or struck off to it pursuant
to proceedings for the foreclosure of local improvement
assessment liens shall be held in trust by the city or town for
the fund of the improvement district or the revenue bond fund
into which assessments in utility local improvement districts
are pledged to be paid for the benefit of which the property
was sold. Any property so held in trust shall be exempt from
taxation for general state, county and municipal purposes
during the period that it is so held. [1967 c 52 § 20; 1965 c 7
§ 35.53.010. Prior: 1933 c 107 § 1, part; 1927 c 275 § 3, part;
1911 c 98 § 31, part; RRS § 9383, part.]
35.53.010
Additional notes found at www.leg.wa.gov
35.53.020 Discharge of trust. The city or town may
relieve itself of its trust relation to a local improvement district fund or revenue bond fund into which utility local
improvement assessments are pledged to be paid as to any
lot, tract, or parcel of property by paying into the fund the
amount of the delinquent assessment for which the property
was sold and all accrued interest, together with interest to the
time of the next call of bonds or warrants against such fund at
the rate provided thereon. Upon such payment the city or
town shall hold the property discharged of the trust. [1967 c
52 § 21; 1965 c 7 § 35.53.020. Prior: 1933 c 107 § 1, part;
1927 c 275 § 3, part; 1911 c 98 § 31, part; RRS § 9383, part.]
35.53.020
Additional notes found at www.leg.wa.gov
35.53.030 Sale or lease of trust property. A city or
town may lease or sell and convey any such property held in
trust by it, by virtue of the conveyance thereof to it by a local
improvement assessment deed. The sale may be public or private and for such price and upon such terms as may be determined by resolution of the council, any provisions of law,
charter, or ordinance to the contrary notwithstanding. After
35.53.030
[Title 35 RCW—page 188]
first reimbursing any funds which may have advanced moneys on account of any lot, tract, or parcel, all proceeds resulting from lease or sale thereof shall ratably belong and be paid
into the funds of the local improvement concerned. [1965 c 7
§ 35.53.030. Prior: 1927 c 275 § 4; 1911 c 98 § 32; RRS §
9384.]
35.53.040 Termination of trust in certain property.
A city or town which has heretofore acquired or hereafter
acquires any property through foreclosure of delinquent
assessments for local improvements initiated or proceedings
commenced before June 8, 1927, may terminate its trust
therein by an action in the superior court, if all the bonds and
warrants outstanding in the local improvement district in
which the assessments were levied are delinquent. [1965 c 7
§ 35.53.040. Prior: 1929 c 142 § 1, part; RRS § 9384-1, part.]
35.53.040
35.53.050 Termination of trust in certain property—
Complaint—Allegations. The complaint in any such action
by a city or town to terminate its trust in property acquired at
a local improvement assessment sale shall set forth:
(1) The number of the local improvement district or utility local improvement district,
(2) The bonds and warrants owing thereby,
(3) The owners thereof or that the owners are unknown,
(4) A description of the assets of the district with the estimated value thereof,
(5) The amount of the assessments, including penalty
and interest, of any other local improvement districts or utility local improvement districts which are a lien upon the
same property,
(6) The amount of the bonds and warrants owing by such
other districts and the names of the owners thereof unless
they are unknown, except where the bonds and warrants are
guaranteed by a local improvement guaranty fund or pursuant
to any other form of guaranty authorized by law. [1967 c 52
§ 22; 1965 c 7 § 35.53.050. Prior: 1929 c 142 § 1, part; RRS
§ 9384-1, part.]
35.53.050
Additional notes found at www.leg.wa.gov
35.53.060 Termination of trust in certain property—
Property—Parties—Summons. Two or more delinquent
districts and all property, bonds and warrants therein may be
included in one action to terminate the trust.
All persons owning any bonds or warrants of the districts
involved in the action or having an interest therein shall be
made parties defendant except in cases where the bonds or
warrants are guaranteed by a local improvement guaranty
fund or pursuant to any other form of guaranty authorized by
law.
Summons shall be served as in other actions. Unknown
owners and unknown parties shall be served by publication.
[1965 c 7 § 35.53.060. Prior: 1929 c 142 § 1, part; RRS §
9384-1, part.]
35.53.060
Commencement of actions: Chapter 4.28 RCW.
35.53.070 Termination of trust in certain property—
Receivership—Regulations. In such an action the court
after acquiring jurisdiction shall proceed as in the case of a
35.53.070
(2010 Ed.)
Local Improvements—Guaranty Funds
receivership except that the city or town shall serve as trustee
in lieu of a receiver.
The assets of the improvement districts involved shall be
sold at such prices and in such manner as the court may deem
advisable and be applied to the costs and expenses of the
action and the liquidation of the bonds and warrants of the
districts or revenue bonds to which utility local improvement
assessments are pledged to pay.
No notice to present claims other than the summons in
the action shall be necessary. Any claim presented shall be
accompanied by the bonds and warrants upon which it is
based. Dividends upon any bonds or warrants for which no
claim was filed shall be paid into the general fund of the city
or town, but the owner thereof may obtain it at any time
within five years thereafter upon surrender and cancellation
of his or her bonds and warrants.
Upon the termination of the receivership the city or town
shall be discharged from all trusts relating to the property,
funds, bonds, and warrants involved in the action. [2009 c
549 § 2091; 1967 c 52 § 23; 1965 c 7 § 35.53.070. Prior:
1929 c 142 § 1, part; RRS § 9384-1, part.]
Additional notes found at www.leg.wa.gov
Chapter 35.54 RCW
LOCAL IMPROVEMENTS—GUARANTY FUNDS
Chapter 35.54
Sections
35.54.010
35.54.020
35.54.030
35.54.040
35.54.050
35.54.060
35.54.070
35.54.080
35.54.090
35.54.095
35.54.100
35.54.900
Establishment.
Rules and regulations.
Source—Interest and earnings.
Source—Subrogation rights to assessments.
Source—Surplus from improvement funds.
Source—Taxation.
Use of fund—Purchase of bonds, coupons and warrants.
Use of fund—Purchase of general tax certificates or property
on or after foreclosure—Disposition.
Warrants against fund.
Transfer of assets to general fund—When authorized—Payment of claims as general obligation, when.
Deferral of collection of assessments for economically disadvantaged persons—Payment from guaranty fund—Lien—
Payment dates for deferred obligations.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
35.54.010 Establishment. (1) There is established in
every city and town a fund to be designated the "local
improvement guaranty fund" for the purpose of guaranteeing,
to the extent of the fund, the payment of its local improvement bonds and warrants or other short-term obligations
issued to pay for any local improvement ordered in the city or
town or in any area wholly or partly outside its corporate
boundaries: (a) In any city of the first class having a population of more than three hundred thousand, subsequent to June
8, 1927; (b) in any city or town having created and maintained a guaranty fund under chapter 141, Laws of 1923, subsequent to the date of establishment of such fund; and (c) in
any other city or town subsequent to April 7, 1926: PROVIDED, That this shall not apply to any city of the first class
which maintains a local improvement guaranty fund under
chapter 138, Laws of 1917, but any such city maintaining a
guaranty fund under chapter 138, Laws of 1917 may by ordinance elect to operate under the provisions of this chapter and
may transfer to the guaranty fund created hereunder all the
assets of the former fund and, upon such election and trans35.54.010
(2010 Ed.)
35.54.060
fer, all bonds guaranteed under the former fund shall be guaranteed under the provisions of this chapter.
(2) The local improvement guaranty fund established
under subsection (1) of this section shall not be subject to any
claim by the owner or holder of any local improvement bond,
warrant, or other short-term obligation issued under an ordinance that provides that such obligations shall not be secured
by the local improvement guaranty fund. [2002 c 41 § 4;
1971 ex.s. c 116 § 7; 1965 c 7 § 35.54.010. Prior: (i) 1917 c
138 § 1; RRS § 8986. (ii) 1917 c 138 § 2; RRS § 8987. (iii)
1917 c 138 § 3; RRS § 8988. (iv) 1917 c 138 § 4; RRS §
8989. (v) 1917 c 138 § 5; RRS § 8990. (vi) 1917 c 138 § 6;
RRS § 8991. (vii) 1927 c 209 § 1; 1925 ex.s. c 183 § 1; 1923
c 141 § 1; RRS § 9351-1. (viii) 1927 c 209 § 2, part; 1925
ex.s. c 183 § 2, part; 1923 c 141 § 2, part; RRS § 9351-2,
part.]
35.54.020 Rules and regulations. Every city and town
operating under the provisions of this chapter shall prescribe
by ordinance appropriate rules and regulations for the maintenance and operation of the guaranty fund not inconsistent
with the provisions of this chapter. [1965 c 7 § 35.54.020.
Prior: 1933 c 109 § 1, part; 1927 c 209 § 3, part; 1925 ex.s. c
183 § 3, part; 1923 c 141 § 3, part; RRS § 9351-3, part.]
35.54.020
35.54.030 Source—Interest and earnings. Interest
and earnings from the local improvement guaranty fund shall
be paid into the fund. [1965 c 7 § 35.54.030. Prior: 1933 c
109 § 1, part; 1927 c 209 § 3, part; 1925 ex.s. c 183 § 3, part;
1923 c 141 § 3, part; RRS § 9351-3, part.]
35.54.030
35.54.040 Source—Subrogation rights to assessments. Whenever any sum is paid out of the local improvement guaranty fund on account of principal or interest of a
local improvement bond or warrant, the city or town as
trustee of the fund shall be subrogated to all the rights of the
holder of the bond or interest coupon or warrant so paid, and
the proceeds thereof, or of the underlying assessment, shall
become part of the guaranty fund. [1965 c 7 § 35.54.040.
Prior: 1933 c 109 § 1, part; 1927 c 209 § 3, part; 1925 ex.s. c
183 § 3, part; 1923 c 141 § 3, part; RRS § 9351-3, part.]
35.54.040
35.54.050 Source—Surplus from improvement
funds. If in any local improvement fund guaranteed by a
local improvement guaranty fund there is a surplus remaining
after the payment of all outstanding bonds and warrants payable therefrom, it shall be paid into the local improvement
guaranty fund. [1965 c 7 § 35.54.050. Prior: 1933 c 109 § 1,
part; 1927 c 209 § 3, part; 1925 ex.s. c 183 § 3, part; 1923 c
141 § 3, part; RRS § 9351-3, part.]
35.54.050
35.54.060 Source—Taxation. For the purpose of
maintaining the local improvement guaranty fund, every city
and town shall, at the time of making its annual budget and
tax levy, provide for the levy of a sum sufficient, with the
other sources of the fund, to pay the warrants issued against
the fund during the preceding fiscal year and to establish a
balance therein: PROVIDED, That the levy in any one year
shall not exceed the greater of: (1) Twelve percent of the outstanding obligations guaranteed by the fund, or (2) the total
35.54.060
[Title 35 RCW—page 189]
35.54.070
Title 35 RCW: Cities and Towns
amount of delinquent assessments and interest accumulated
on the delinquent assessments before the levy as of September 1.
The taxes levied for the maintenance of the local
improvement guaranty fund shall be additional to and, if need
be, in excess of all statutory and charter limitations applicable
to tax levies in any city or town. [1981 c 323 § 7; 1965 c 7 §
35.54.060. Prior: (i) 1933 c 109 § 1, part; 1927 c 209 § 3,
part; 1925 ex.s. c 183 § 3, part; 1923 c 141 § 3, part; RRS §
9351-3, part. (ii) 1927 c 209 § 2, part; 1925 ex.s. c 183 § 2,
part; 1923 c 141 § 2, part; RRS § 9351-2, part.]
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.54.070
35.54.070 Use of fund—Purchase of bonds, coupons
and warrants. Defaulted bonds, interest coupons and warrants against local improvement funds shall be purchased out
of the guaranty fund, and as between the several issues of
bonds, coupons, or warrants no preference shall exist, but
they shall be purchased in the order of their presentation.
[1965 c 7 § 35.54.070. Prior: 1933 c 109 § 1, part; 1927 c 209
§ 3, part; 1925 ex.s. c 183 § 3, part; 1923 c 141 § 3, part; RRS
§ 9351-3, part.]
35.54.095 Transfer of assets to general fund—When
authorized—Payment of claims as general obligation,
when. (1) Any city or town maintaining a local improvement
guaranty fund under this chapter, upon certification by the
city or town treasurer that the local improvement guaranty
fund has sufficient funds currently on hand to meet all valid
outstanding obligations of the fund and all other obligations
of the fund reasonably expected to be incurred in the near
future, may by ordinance transfer assets from such fund to its
general fund. The net cash of the local improvement guaranty
fund may be reduced by such transfer to an amount not less
than ten percent of the net outstanding obligations guaranteed
by such fund.
(2) If, at any time within five years of any transfer of
assets from the local improvement guaranty fund to the general fund of a city or town, the net cash of the local improvement guaranty fund is reduced below the minimum amount
specified in subsection (1) of this section, the city or town
shall, to the extent of the amount transferred, pay valid claims
against the local improvement guaranty fund as a general
obligation of the city or town. In addition, such city or town
shall pay all reasonable costs of collection necessarily
incurred by the holders of valid claims against the local
improvement guaranty fund. [1979 c 55 § 1.]
35.54.095
35.54.100 Deferral of collection of assessments for
economically disadvantaged persons—Payment from
guaranty fund—Lien—Payment dates for deferred obligations. Whenever payment of a local improvement district
assessment is deferred pursuant to the provisions of RCW
35.43.250 the amount of the deferred assessment shall be
paid out of the local improvement guaranty fund. The local
improvement guaranty fund shall have a lien on the benefited
property in an amount equal to the deferral together with
interest as provided for by the establishing ordinance.
The lien may accumulate up to an amount not to exceed
the sum of two installments: PROVIDED, That the ordinance creating the local improvement district may provide
for one or additional deferrals of up to two installments.
Local improvement assessment obligations deferred under
chapter 137, Laws of 1972 ex. sess. shall become payable
upon the earliest of the following dates:
(1) Upon the date and pursuant to conditions established
by the political subdivision granting the deferral; or
(2) Upon the sale of property which has a deferred
assessment lien upon it from the purchase price; or
(3) Upon the death of the person to whom the deferral
was granted from the value of his or her estate; except a surviving spouse shall be allowed to continue the deferral which
shall then be payable by that spouse as provided in this section. [2009 c 549 § 2092; 1972 ex.s. c 137 § 3.]
35.54.100
35.54.080
35.54.080 Use of fund—Purchase of general tax certificates or property on or after foreclosure—Disposition.
For the purpose of protecting the guaranty fund, so much of
the guaranty fund as is necessary may be used to purchase
certificates of delinquency for general taxes on property subject to local improvement assessments which underlie the
bonds, coupons, or warrants guaranteed by the fund, or to
purchase such property at county tax foreclosures, or from
the county after foreclosure.
The city or town, as trustee of the fund, may foreclose
the lien of general tax certificates of delinquency and purchase the property at foreclosure sale; when doing so the
court costs, costs of publication, expense for clerical work
and other expenses incidental thereto shall be charged to and
paid from the local improvement guaranty fund.
After acquiring title to property by purchase at general
tax foreclosure sale or from the county after foreclosure, a
city or town may lease it or sell it at public or private sale at
such price on such terms as may be determined by resolution
of the council. All proceeds shall belong to and be paid into
the local improvement guaranty fund. [1965 c 7 § 35.54.080.
Prior: 1933 c 109 § 1, part; 1927 c 209 § 3, part; 1925 ex.s. c
183 § 3, part; 1923 c 141 § 3, part; RRS § 9351-3, part.]
35.54.090
35.54.090 Warrants against fund. Warrants drawing
interest at a rate established by the issuing officer under the
direction of the legislative authority of the city or town shall
be issued against the local improvement guaranty fund to
meet any liability accruing against it. The warrants so issued
shall at no time exceed five percent of the outstanding obligations guaranteed by the fund. [1981 c 323 § 8; 1965 c 7 §
35.54.090. Prior: 1933 c 109 § 1, part; 1927 c 209 § 3, part;
1925 ex.s. c 183 § 3, part; 1923 c 141 § 3, part; RRS § 93513, part.]
[Title 35 RCW—page 190]
Additional notes found at www.leg.wa.gov
35.54.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. (Effective
January 1, 2014.) For the purposes of this chapter, the terms
spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying
equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dis35.54.900
(2010 Ed.)
Local Improvements—Filling Lowlands
solution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent that such interpretation does not
conflict with federal law. Where necessary to implement
chapter 521, Laws of 2009, gender-specific terms such as
husband and wife used in any statute, rule, or other law shall
be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [2009 c 521 §
79.]
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166,
173-175, and 190-192: See note following RCW 2.10.900.
Chapter 35.55 RCW
LOCAL IMPROVEMENTS—FILLING LOWLANDS
Chapter 35.55
35.55.150
35.55.160
35.55.170
35.55.180
35.55.190
Authority—Second-class cities.
Alternative methods of financing.
Boundaries—Excepted property.
Damages—Eminent domain.
Estimates—Plans and specifications.
Assessment roll—Items—Assessment units—Installments.
Hearing on assessment roll—Notice—Council’s authority.
Hearings—Appellate review.
Lien—Collection of assessments.
Interest on assessments.
Payment of cost of improvement—Interest on warrants.
Local improvement bonds—Terms.
Local improvement bonds—Guaranties.
Local improvement bonds and warrants—Sale to pay damages, preliminary financing.
Local improvement fund—Investment.
Letting contract for improvement—Excess or deficiency of
fund.
Payment of contractor—Bonds, warrants, cash.
Reassessments.
Provisions of chapter not exclusive.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.55.010 Authority—Second-class cities. If the city
council of any city of the second class deems it necessary or
expedient on account of the public health, sanitation, the general welfare, or other cause, to fill or raise the grade of any
marshlands, swamplands, tidelands, shorelands, or lands
commonly known as tideflats, or any other lowlands situated
within the limits of the city, and to clear and prepare the lands
for such filling, it may do so and assess the expense thereof,
including the cost of making compensation for property taken
or damaged, and all other costs and expense incidental to
such improvement, to the property benefited, except such
amount of such expense as the city council may direct to be
paid out of the current or general expense fund.
If, in the judgment of the city council the special benefits
for any such improvement shall extend beyond the boundaries of the filled area, the council may create an enlarged district which shall include, as near as may be, all the property,
whether actually filled or not, which will be specially benefited by such improvement, and in such case the council shall
specify and describe the boundaries of such enlarged district
in the ordinance providing for such improvement and shall
specify that such portion of the total cost and expense of such
improvement as may not be borne by the current or general
expense fund, shall be distributed and assessed against all the
property of such enlarged district. [1994 c 81 § 57; 1965 c 7
§ 35.55.010. Prior: 1917 c 63 § 1; 1909 c 147 § 1; RRS §
9432.]
35.55.010
(2010 Ed.)
35.55.020 Alternative methods of financing. If the
city council desires to make any improvement authorized by
the provisions of this chapter it shall provide therefor by ordinance and unless the ordinance provides that the improvement shall be paid for wholly or in part by special assessments upon the property benefited, compensation therefor
shall be made from any general funds of the city applicable
thereto. If the ordinance provides that the improvement shall
be paid for wholly or in part by special assessments upon
property benefited, the proceedings for the making of the special assessments shall be as hereinafter provided. [1965 c 7 §
35.55.020. Prior: 1909 c 147 § 2, part; RRS § 9433, part.]
35.55.020
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.55.030 Boundaries—Excepted property. Such
ordinance shall specify the boundaries of the proposed
improvement district and shall describe the lands which it is
proposed to assess for said improvement. If any parcel of
land within the boundaries of such proposed improvement
district has been wholly filled to the proposed grade elevation
of the proposed fill, such parcel of land may be excluded
from the lists of lands to be assessed, when in the opinion of
the city council justice and equity require its exclusion. The
boundaries of any improvement district may be altered so as
to exclude land therefrom at any time up to the levying of the
assessment but such changing of the boundaries shall be by
ordinance. [1965 c 7 § 35.55.030. Prior: 1909 c 147 § 2, part;
RRS § 9433, part.]
35.55.030
Sections
35.55.010
35.55.020
35.55.030
35.55.040
35.55.050
35.55.060
35.55.070
35.55.080
35.55.090
35.55.100
35.55.110
35.55.120
35.55.130
35.55.140
35.55.040
35.55.040 Damages—Eminent domain. If an ordinance has been passed as in this chapter provided, and it
appears that in making of the improvement so authorized, private property will be taken or damaged thereby, the city shall
file a petition in the superior court of the county in which
such city is situated, in the name of the city, praying that just
compensation to be made for the property to be taken or damaged for the improvement specified in the ordinance be ascertained, and conduct proceedings in eminent domain in accordance with the statutes relating to cities for the ascertainment
of the compensation to be made for the taking and damaging
of property, except insofar as the same may be inconsistent
with this chapter.
The filling of unimproved and uncultivated lowlands of
the character mentioned in RCW 35.55.010 shall not be considered as damaging or taking of such lands. The damage if
any, done to cultivated lands or growing crops thereon, or to
buildings and other improvements situated within the district
proposed to be filled, shall be ascertained and determined in
the manner above provided; but no damage shall be awarded
to any property owner for buildings or improvements placed
upon lands included within said district after the publication
of the ordinance defining the boundaries of the proposed
improvement district: PROVIDED, That the city shall after
the passage of such ordinance, proceed with said improvement with due diligence. If the improvement is to be made at
the expense of the property benefited, no account shall be
taken of benefits by the jury or court in assessing the amount
of compensation to be made to the owner of any property
within such district, but such compensation shall be assessed
without regard to benefits to the end that said property for
35.55.040
[Title 35 RCW—page 191]
35.55.050
Title 35 RCW: Cities and Towns
which damages may be so awarded, may be assessed the
same as other property within the district for its just share and
proportion of the expense of making said improvement, and
the fact that compensation has been awarded for the damaging or taking of any parcel of land shall not preclude the
assessment of such parcel of land for its just proportion of
said improvement. [1965 c 7 § 35.55.040. Prior: 1909 c 147
§ 3; RRS § 9434.]
Eminent domain by cities: Chapter 8.12 RCW.
35.55.050 Estimates—Plans and specifications. At
the time of the initiation of the proceedings for any improvement as contemplated by this chapter, or at any time afterward, the city council shall cause plans and specifications for
said improvement to be prepared and shall cause an estimate
to be made of the cost and expense of making said improvement, including the cost of supervision and engineering,
abstractor’s fees, interest and discounts and all other
expenses incidental to said improvement, including an estimate of the amount of damages for property taken or damaged, which plans, specifications and estimates shall be
approved by the city council. [1965 c 7 § 35.55.050. Prior:
1909 c 147 § 4; RRS § 9435.]
35.55.050
35.55.060 Assessment roll—Items—Assessment
units—Installments. When such plans and specifications
have been prepared and the estimates of the cost and expense
of making the improvement have been adopted by the council
and when an estimate has been made of the compensation to
be paid for property damaged or taken, either before or after
the compensation has been ascertained in the eminent domain
proceedings, the city council shall cause an assessment roll to
be prepared containing a list of all of the property within the
improvement district which it is proposed to assess for the
improvement, together with the names of the owners, if
known, and if unknown the property shall be assessed to an
unknown owner, and opposite each description shall be set
the amount assessed to such description.
When so ordered by the council, the entire amount of
compensation paid or to be paid for property damaged or
taken, including all of the costs and expenses incidental to the
condemnation proceedings together with the entire cost and
expense of making the improvement, may be assessed against
the property within the district subject to assessment, but the
council may order any portion of the costs paid out of the current or general expense fund of the city.
The assessments shall be made according to and in proportion to surface area one square foot of surface to be the
unit of assessment, except that the several parcels of land in
any enlarged district not actually filled shall be assessed in
accordance with special benefits: PROVIDED, That where
any parcel of land was partially filled by the owner prior to
the initiation of the improvement, an equitable deduction for
such partial filling may be allowed.
The cost and expense incidental to the filling of the
streets, alleys and public places within such assessment district shall be borne by the private property within such district
subject to assessment when so ordered by the council. When
the assessments are payable in installments, the assessment
roll when equalized, shall show the number of installments
and the amounts thereof. The assessments may be made payable in any number of equal annual installments not exceeding ten in number. [1965 c 7 § 35.55.060. Prior: 1917 c 63 §
2; 1909 c 147 § 5; RRS § 9436.]
35.55.070 Hearing on assessment roll—Notice—
Council’s authority. When such assessment roll has been
prepared it shall be filed in the office of the city clerk and
thereupon the city clerk shall give notice by publication in at
least three issues of the official paper that such roll is on file
in his or her office and that at a date mentioned in said notice,
which shall be at least twenty days after the date of the first
publication thereof, the city council will sit as a board of
equalization to equalize said roll and to hear, consider and
determine protests and objections against the same.
At the time specified in the notice, the city council shall
sit as a board of equalization to equalize the roll and they may
adjourn the sitting from time to time until the equalization of
such roll is completed. The city council as board of equalization may hear, consider and determine objections and protests
against any assessment and may make such alterations and
modifications in the assessment roll as justice and equity may
require. [2009 c 549 § 2093; 1965 c 7 § 35.55.070. Prior:
1909 c 147 § 6; RRS § 9437.]
35.55.070
35.55.060
[Title 35 RCW—page 192]
35.55.080 Hearings—Appellate review. Any person
who has made objections to the assessment as equalized,
shall have the right to appeal from the equalization as made
by the city council to the superior court of the county. The
appeal shall be made by filing a written notice of appeal with
the city clerk within ten days after the equalization of the
assessments by the council. The notice of appeal shall
describe the property and the objections of such appellant to
such assessment.
The appellant shall also file with the clerk of the superior
court within ten days from the time of taking the appeal a
copy of the notice of appeal together with a copy of the
assessment roll and proceedings thereon, certified by the city
clerk and a bond to the city conditioned to pay all costs that
may be awarded against appellant in such sum not less than
two hundred dollars and with such security as shall be
approved by the clerk of the court.
The case shall be docketed by the clerk of the court in the
name of the person taking the appeal as plaintiff and the city
as defendant. The cause shall then be at issue and shall be
tried immediately by the court as in the case of equitable
causes; no further pleadings shall be necessary. The judgment
of the court shall be either to confirm, modify or annul the
assessment insofar as the same affects the property of the
appellant. Appellate review of the superior court’s decision
may be sought as in other causes. [1988 c 202 § 38; 1971 c
81 § 94; 1965 c 7 § 35.55.080. Prior: 1909 c 147 § 7; RRS §
9438.]
35.55.080
Additional notes found at www.leg.wa.gov
35.55.090 Lien—Collection of assessments. From and
after the equalization of the roll, the several assessments
therein shall become a lien upon the real estate described
therein and shall remain a lien until paid. The assessment lien
shall take precedence of all other liens against such property,
35.55.090
(2010 Ed.)
Local Improvements—Filling Lowlands
except the lien of general taxes. The assessments shall be collected by the same officers and enforced in the same manner
as provided by law for the collection and enforcement of
local assessments for street improvements. All of the provisions of laws and ordinances relative to the enforcement and
collection of local assessments for street improvements shall
be applicable to these assessments. [1965 c 7 § 35.55.090.
Prior: 1909 c 147 § 8; RRS § 9439.]
Assessments for local improvements, collection and foreclosure: Chapters
35.49, 35.50 RCW.
35.55.100 Interest on assessments. The local assessments shall bear interest at such rate as may be fixed by the
council after the expiration of thirty days after the equalization of the assessment roll and shall bear such interest after
delinquency as may be provided by general ordinance of the
city. [1981 c 156 § 3; 1965 c 7 § 35.55.100. Prior: 1909 c
147 § 12, part; RRS § 9443, part.]
35.55.100
35.55.110 Payment of cost of improvement—Interest
on warrants. If the improvement contemplated by this chapter is ordered to be made upon the immediate payment plan,
the city council shall provide for the payment thereof by the
issuance of local improvement fund warrants against the
local improvement district, which warrants shall be paid only
out of the funds derived from the local assessments in the district and shall bear interest at a rate determined by the city
council from date of issuance. If the improvement is ordered
to be made upon the bond installment plan, the city council
shall provide for the issuance of bonds against the improvement district. [1981 c 156 § 4; 1965 c 7 § 35.55.110. Prior:
(i) 1909 c 147 § 12, part; RRS § 9443, part. (ii) 1909 c 147 §
9; RRS § 9440.]
35.55.110
35.55.120 Local improvement bonds—Terms. The
city council shall have full authority to provide for the issuance of bonds against the improvement district fund in such
denominations as the city council may provide which shall
bear such rate of interest as the city council may fix. Interest
shall be paid annually and the bonds shall become due and
payable at such time, not exceeding ten years from the date
thereof, as may be fixed by the council and shall be payable
out of the local assessment district fund.
If so ordered by the council, the bonds may be issued in
such a way that different numbers of the bonds may become
due and payable at different intervals of time, or they may be
so issued that all of the bonds against said district mature
together. [1981 c 156 § 5; 1965 c 7 § 35.55.120. Prior: 1909
c 147 § 10, part; RRS § 9441, part.]
35.55.120
35.55.130 Local improvement bonds—Guaranties.
The city may guarantee the payment of the whole or any part
of the bonds issued against a local improvement district, but
the guaranties on the part of the city, other than a city operating under the council-manager form or the commission form,
shall be made only by ordinance passed by the vote of not less
than nine councilmembers and the approval of the mayor in
noncharter code cities that retained the old second-class city
plan of government with twelve council positions, and six
councilmembers and approval of the mayor in cities of the
35.55.130
(2010 Ed.)
35.55.160
second class. In a city under the council-manager form of
government, such guaranties shall be made only in an ordinance passed by a vote of three out of five or five out of seven
councilmembers, as the case may be, and approval of the
mayor. In a city under the commission form of government,
such guaranties shall be made only in an ordinance passed by
a vote of two out of three of the commissioners. The mayor’s
approval shall not be necessary in commission form cities.
[1994 c 81 § 58; 1965 c 7 § 35.55.130. Prior: 1909 c 147 §
10, part; RRS § 9441, part.]
35.55.140 Local improvement bonds and warrants—
Sale to pay damages, preliminary financing. The city
council may negotiate sufficient warrants or bonds against
any local improvement district at a price not less than ninetyfive percent of their par value to raise sufficient money to pay
any and all compensation which may be awarded for property
damaged or taken in the eminent domain proceedings including the costs of such proceedings. In lieu of so doing, the city
council may negotiate current or general expense fund warrants at par to raise funds for the payment of such compensation and expenses in the first instance, but in that event the
current or general expense fund shall be reimbursed out of the
first moneys collected in any such local assessment district or
realized from the negotiation or sale of local improvement
warrants or bonds. [1965 c 7 § 35.55.140. Prior: 1909 c 147
§ 11; RRS § 9442.]
35.55.140
35.55.150 Local improvement fund—Investment. If
money accumulates in an improvement fund and is likely to
lie idle awaiting the maturity of the bonds against the district,
the city council, under proper safeguards, may invest it temporarily, or may borrow it temporarily, at a reasonable rate of
interest, but when so invested or borrowed, the city shall be
responsible and liable for the restoration to such fund of the
money so invested or borrowed with interest thereon, whenever required for the redemption of bonds maturing against
such district. [1965 c 7 § 35.55.150. Prior: 1909 c 147 § 15;
RRS § 9446.]
35.55.150
35.55.160 Letting contract for improvement—Excess
or deficiency of fund. The contract for the making of the
improvement may be let either before or after the making up
of the equalization of the assessment roll, and warrants, or
bonds may be issued against the local improvement district
fund either before or after the equalization of the roll as in the
judgment of the council may best subserve the public interest.
If, after the assessment roll is made up and equalized,
based in whole or in part upon an estimate of the cost of the
improvement, and it is found that the estimate was too high,
the excess shall be rebated pro rata to the property owners on
the assessment roll, the rebates to be deducted from the last
installment, or installments, when the assessment is upon the
installment plan.
If it is found that the estimated cost was too low and that
the actual bona fide cost of the improvement is greater than
the estimate, the city council, after due notice and a hearing,
as in case of the original equalization of the roll, may add the
required additional amount to the assessment roll to be apportioned among the several parcels of property upon the same
35.55.160
[Title 35 RCW—page 193]
35.55.170
Title 35 RCW: Cities and Towns
rules and principles as if it had been originally included,
except that the additional amount shall be added to the last
installment of an assessment if assessments are payable upon
the installment plan. The same notice shall be required for
adding to the assessment roll in this manner as is required for
the original equalization of the roll, and the property owner
shall have the right of appeal. [1965 c 7 § 35.55.160. Prior:
1909 c 147 § 13; RRS § 9444.]
35.56.210
35.56.220
35.56.230
35.55.170 Payment of contractor—Bonds, warrants,
cash. The city council may provide in letting the contract for
an improvement, that the contractor shall accept special fund
warrants or local improvement bonds against the local
improvement district within which such improvement is to be
made, in payment for the contract price of the work, and that
the warrants or bonds may be issued to the contractor from
time to time as the work progresses, or the city council may
negotiate the special fund warrants or bonds against the local
improvement district at not less than ninety-five cents in
money for each dollar of warrants or bonds, and with the proceeds pay the contractor for the work and pay the other costs
of such improvement. [1965 c 7 § 35.55.170. Prior: 1909 c
147 § 14; RRS § 9445.]
Assessments and charges against state lands: Chapter 79.44 RCW.
35.55.170
35.55.180 Reassessments. If any assessment is found
to be invalid for any cause or if it is set aside for any reason
in judicial proceeding, a reassessment may be made and all
laws relative to the reassessment of local assessments, for
street or other improvements, shall, as far as practicable, be
applicable hereto. [1965 c 7 § 35.55.180. Prior: 1909 c 147
§ 16; RRS § 9447.]
35.55.180
35.55.190 Provisions of chapter not exclusive. The
provisions of this chapter shall not be construed as repealing
or in any wise affecting any existing laws relative to the making of any such improvements, but shall be considered as
concurrent therewith. [1965 c 7 § 35.55.190. Prior: 1909 c
147 § 17; RRS § 9448.]
35.55.190
Chapter 35.56 RCW
LOCAL IMPROVEMENTS—FILLING AND
DRAINING LOWLANDS—WATERWAYS
Chapter 35.56
Sections
35.56.010
35.56.020
35.56.030
35.56.040
35.56.050
35.56.060
35.56.070
35.56.080
35.56.090
35.56.100
35.56.110
35.56.120
35.56.130
35.56.140
35.56.150
35.56.160
35.56.170
35.56.180
35.56.190
35.56.200
Authority—First and second-class cities.
Alternative methods of financing.
Boundaries—Excepted property.
Conditions precedent to passage of ordinance—Protests.
Damages—Eminent domain.
Estimates—Plans and specifications.
Assessment roll—Items—Assessment units—Installments.
Hearing on assessment roll—Notice—Council’s authority.
Hearing—Appellate review.
Lien—Collection of assessments.
Interest on assessments.
Payment of cost of improvement—Interest on warrants.
Local improvement bonds—Terms.
Local improvement bonds—Guaranties.
Local improvement bonds and warrants—Sale to pay damages—Preliminary financing.
Local improvement fund—Investment.
Letting contracts for improvement—Excess or deficiency of
fund.
Payment of contractor—Bonds—Warrants—Cash.
Tax levy—General—Purposes—Limit.
Waterways constructed—Requirements.
[Title 35 RCW—page 194]
35.56.240
35.56.250
35.56.260
35.56.270
35.56.280
35.56.290
Waterways constructed—Control.
Waterways constructed—Leasing facilities.
Waterway shoreline front—Lessee must lease abutting property.
Waterways constructed—Acquisition of abutting property.
Waterways—Abutting city owned lands—Lease of.
Waterways—Abutting lands—Lessee must lease shoreline
property.
Work by day labor.
Reassessments.
Provisions of chapter not exclusive.
35.56.010 Authority—First and second-class cities.
If the city council or commission of any city of the first or
second class in this state deems it necessary or expedient on
account of the public health, sanitation, the general welfare,
or other cause, to fill or raise the grade or elevation of any
marshlands, swamplands, tidelands or lands commonly
known as tideflats, or any other lands situated within the limits of such city and to clear and prepare said lands for such
filling it may do so by proceeding in accordance with the provisions of this chapter.
For the purpose of filling and raising the grade or elevation of such lands and to secure material therefor and to provide for the proper drainage thereof after such fill has been
effected, the city council or commission may acquire
rights-of-way (and where necessary or desirable, may vacate,
use and appropriate streets and alleys for such purposes) and
lay out, build, construct and maintain over and across such
lowlands, canals or artificial waterways of at least sufficient
width, depth and length to provide and afford the quantity of
earth, dirt and material required to complete such fill, and
with the earth, dirt and material removed in digging and constructing such canals and waterways, fill and raise the grade
or elevation of such marshlands, swamplands, tidelands or
tideflats; and such canals or waterways shall be constructed
of such width and depth (provided that all the earth, dirt and
other suitable material removed in constructing the same
shall be used to fill the lowlands as herein provided) as will
make them available, convenient and suitable to provide
water frontage for landings, wharves and other conveniences
of navigation and commerce for the use and benefit of the
city and the public. If canals or waterways are to be constructed as herein provided, such city may construct and
maintain the necessary bridges over and across the same;
such canals or waterways shall be forever under the control of
such city and shall be and become public thoroughfares and
waterways for the use and benefit of commerce, shipping, the
city and the public generally.
The expense of making such improvement and in doing,
accomplishing and effecting all the work provided for in this
chapter including the cost of making compensation for property taken or damaged, and all other cost and expense incidental to such improvement, shall be assessed to the property
benefited, except such amount of such expense as the city
council or commission, in its discretion, may direct to be paid
out of the current or general expense fund. [1994 c 81 § 59;
1965 c 7 § 35.56.010. Prior: 1929 c 63 § 1; 1913 c 16 § 1;
RRS § 9449.]
35.56.010
35.56.020 Alternative methods of financing. If the
city council or commission desires to make any improvement
35.56.020
(2010 Ed.)
Local Improvements—Filling and Draining Lowlands—Waterways
authorized by the provisions of this chapter it shall provide
therefor by ordinance and unless the ordinance provides that
the improvement shall be paid for wholly or in part by special
assessment upon the property benefited, compensation therefor shall be made from any general or special funds of the city
applicable thereto. If the ordinance provides that the
improvement shall be paid for wholly or in part by special
assessments upon property benefited, the proceedings for the
making of such special assessment shall be as hereafter provided. [1965 c 7 § 35.56.020. Prior: 1913 c 16 § 2, part; RRS
§ 9450, part.]
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.56.030 Boundaries—Excepted property. Such
ordinance shall specify the boundaries of the proposed
improvement district and shall describe the lands which it is
proposed to assess for said improvement, and shall provide
for the filling of such lowlands and shall outline the general
scheme or plan of such fill. If any parcel of land within the
boundaries of such proposed improvement district prior to
the initiation of the improvement has been wholly filled to the
proposed grade or elevation of the proposed fill, such parcel
of land may be excluded from the lands to be assessed when
in the opinion of the city council or commission justice and
equity require its exclusion. The boundaries of any improvement district may be altered so as to exclude land therefrom
at any time up to the levying of the assessment but such
changing of the boundaries shall be by ordinance. [1965 c 7
§ 35.56.030. Prior: 1913 c 16 § 2, part; RRS § 9450, part.]
35.56.030
35.56.040 Conditions precedent to passage of ordinance—Protests. Upon the introduction of an ordinance
providing for such fill, if the city council or commission
desires to proceed, it shall fix a time, not less than ten days, in
which protests against said fill may be filed in the office of
the city clerk. Thereupon it shall be the duty of the clerk of
said city to publish in the official newspaper of said city in at
least two consecutive issues thereof before the time fixed for
the filing of protests, a notice of the time fixed for the filing
of protests together with a copy of the proposed ordinance as
introduced.
Protests against the proposed fill to be effective must be
filed by the owners of more than half of the area of land situated within the proposed filling district exclusive of streets,
alleys and public places on or before the date fixed for such
filing. If an effective protest is filed the council shall not proceed further unless two-thirds of the members of the city
council vote to proceed with the work; if the city is operating
under a commission form of government composed of three
commissioners, the commission shall not proceed further
except by a unanimous affirmative vote of all the members
thereof, if the commission is composed of five members, at
least four affirmative votes thereof shall be necessary before
proceeding.
If no effective protest is filed or if an effective protest is
filed and two-thirds of the councilmembers vote to proceed
with the work or in cases where cities are operating under the
commission form of government, the commissioners vote
unanimously or four out of five commissioners vote to proceed with the work, the city council or commission shall at
35.56.040
(2010 Ed.)
35.56.060
such meeting or in a succeeding meeting proceed to pass the
proposed ordinance for the work, with such amendments and
modifications as to the said city council or commission of
said city may seem proper. The local improvement district
shall be called "filling district No. . . . ." [2009 c 549 § 2094;
1965 c 7 § 35.56.040. Prior: 1913 c 16 § 2, part; RRS § 9450,
part.]
35.56.050 Damages—Eminent domain. If an ordinance is passed as in this chapter provided, and it appears that
in making of the improvements so authorized, private property will be taken or damaged thereby within or without the
city, the city shall file a petition in the superior court of the
county in which such city is situated, in the name of the city,
praying that just compensation be made for the property to be
taken or damaged for the improvement specified in the ordinance and conduct proceedings in eminent domain in accordance with the statutes relating to cities for the ascertainment
of the compensation to be made for the taking and damaging
of property, except insofar as the same may be inconsistent
with this chapter.
The filling of unimproved and uncultivated lowlands of
the character mentioned in RCW 35.56.010 shall not be considered as a damaging or taking of such lands. The damage, if
any, done to cultivated lands or growing crops thereon, or to
buildings and other improvements situated within the district
proposed to be filled shall be ascertained and determined in
the manner above provided; but no damage shall be awarded
to any property owner for buildings or improvements placed
upon lands included within said district after the publication
of the ordinance defining the boundaries of the proposed
improvement district: PROVIDED, That the city shall, after
the passage of such ordinance, proceed with said improvement with due diligence.
If the improvement is to be made at the expense of the
property benefited, no account shall be taken of benefits by
the jury or court in assessing the amount of compensation to
be made to the owner of any property within such district, but
such compensation shall be assessed without regard to benefits to the end that said property for which damages may be so
awarded, may be assessed the same as other property within
the district for its just share and proportion of the expense of
making said improvement, and the fact that compensation has
been awarded for the damaging or taking of any parcel of
land shall not preclude the assessment of such parcel of land
for its just proportion of said improvement. [1965 c 7 §
35.56.050. Prior: (i) 1913 c 16 § 3; RRS § 9451. (ii) 1929 c
63 § 4; 1913 c 16 § 21; RRS § 9469.]
35.56.050
Eminent domain, cities: Chapter 8.12 RCW.
35.56.060 Estimates—Plans and specifications. At
the time of the initiation of the proceedings for any improvement as contemplated by this chapter or at any time afterward, the city council or commission shall cause plans and
specifications for said improvement to be prepared and shall
cause an estimate to be made of the cost and expense of making said improvement, including the cost of supervision and
engineering, abstractor’s fees, interest and discounts and all
other expenses incidental to said improvement, including an
estimate of the amount of damages for property taken or dam35.56.060
[Title 35 RCW—page 195]
35.56.070
Title 35 RCW: Cities and Towns
aged, which plans, specifications and estimates shall be
approved by the city council or commission. [1965 c 7 §
35.56.060. Prior: 1913 c 16 § 4; RRS § 9452.]
35.56.070 Assessment roll—Items—Assessment
units—Installments. When such plans and specifications
shall have been prepared and the estimate of the cost and
expense of making the improvement has been adopted by the
council or commission and when an estimate has been made
of the compensation to be paid for property damaged or
taken, either before or after the compensation has been ascertained in the eminent domain proceedings, the city council or
commission shall cause an assessment roll to be prepared
containing a list of all the property within the improvement
district which it is proposed to assess for the improvements
together with the names of the owners, if known, and if
unknown, the property shall be assessed to an unknown
owner, and opposite each description shall be set the amount
assessed to such description.
When so ordered by the city council or commission, the
entire amount of compensation paid or to be paid for property
damaged or taken, including all of the costs and expenses
incidental to the condemnation proceedings together with the
entire cost and expense of making the improvement may be
assessed against the property within the district subject to
assessment, but the city council or commission may order
any portion of the costs paid out of the current or general
expense fund of the city. The assessments shall be made
according to and in proportion to surface area, one square
foot of surface to be the unit of assessment: PROVIDED,
That where any parcel of land was wholly or partially filled
by the owner prior to the initiation of the improvement an
equitable deduction for such filling or partial filling may be
allowed.
The cost and expense incidental to the filling of the
streets, alleys and public places within said assessment district shall be borne by the private property within such district
subject to assessment when so ordered by the city council or
commission. When the assessments are payable in installments, the assessment roll when equalized shall show the
number of installments and the amounts thereof. The assessment may be made payable in any number of equal annual
installments not exceeding fifteen in number. [1965 c 7 §
35.56.070. Prior: 1913 c 16 § 5; RRS § 9453.]
35.56.070
35.56.080 Hearing on assessment roll—Notice—
Council’s authority. When such assessment roll has been
prepared it shall be filed in the office of the city clerk and
thereupon the city clerk shall give notice by publication in at
least three issues of the official paper that such roll is on file
in his or her office and on a date mentioned in said notice,
which shall be at least twenty days after the date of the first
publication thereof, the city council or commission will sit as
a board of equalization to equalize said roll and to hear, consider and determine protests and objections against the same.
At the time specified in the notice, the city council or
commission shall sit as a board of equalization to equalize the
roll and they may adjourn the sitting from time to time until
the equalization of such roll is completed. The city council or
commission as such board of equalization may hear, consider
35.56.080
[Title 35 RCW—page 196]
and determine objections and protests against any assessment
and make such alterations and modifications in the assessment roll as justice and equity may require. [2009 c 549 §
2095; 1965 c 7 § 35.56.080. Prior: 1913 c 16 § 6; RRS §
9454.]
35.56.090
35.56.090 Hearing—Appellate review. Any person
who has made objections to the assessment as equalized,
shall have the right to appeal from the equalization as made
by the city council or commission to the superior court of the
county. The appeal shall be made by filing a written notice of
appeal with the city clerk within ten days after the equalization of the assessments by the council or commission. The
notice of appeal shall describe the property and the objections
of such appellant to such assessment.
The appellant shall also file with the clerk of the superior
court within ten days from the time of taking the appeal a
copy of the notice of appeal together with a copy of the
assessment roll and proceedings thereon, certified by the city
clerk and a bond to the city conditioned to pay all costs that
may be awarded against appellant in such sum not less than
two hundred dollars, and with such security as shall be
approved by the clerk of the court.
The case shall be docketed by the clerk of the court in the
name of the person taking the appeal as plaintiff, and the city
as defendant. The cause shall then be at issue and shall be
tried immediately by the court as in the case of equitable
causes; no further pleadings shall be necessary. The judgment
of the court shall be either to confirm, modify or annul the
assessment insofar as the same affects the property of the
appellant. Appellate review of the superior court’s decision
may be sought as in other causes. [1988 c 202 § 39; 1971 c
81 § 95; 1965 c 7 § 35.56.090. Prior: 1913 c 16 § 7; RRS §
9455.]
Additional notes found at www.leg.wa.gov
35.56.100
35.56.100 Lien—Collection of assessments. From and
after the equalization of the roll, the several assessments
therein shall become a lien upon the real estate described
therein and shall remain a lien until paid. The assessment lien
shall take precedence of all other liens against such property,
except the lien of general taxes. The assessments shall be collected by the same officers and enforced in the same manner
as provided by law for the collection and enforcement of
local assessments for street improvements. All of the provisions of laws and ordinances relative to the guaranty,
enforcement, and collection of local assessments for street
improvements, including foreclosure in case of delinquency,
shall be applicable to these assessments. [1965 c 7 §
35.56.100. Prior: 1929 c 63 § 2; 1913 c 16 § 8; RRS § 9456.]
Assessments for local improvements, collection and foreclosure: Chapters
35.49, 35.50 RCW.
35.56.110
35.56.110 Interest on assessments. The local assessments shall bear interest at such rate as may be fixed by the
council or commission from and after the expiration of thirty
days after the equalization of the assessment roll and shall
bear such interest after delinquency as may be provided by
general ordinance of the city. [1981 c 156 § 6; 1965 c 7 §
(2010 Ed.)
Local Improvements—Filling and Draining Lowlands—Waterways
35.56.110. Prior: 1929 c 63 § 3; 1913 c 16 § 12; RRS §
9460.]
35.56.120 Payment of cost of improvement—Interest
on warrants. If the improvement contemplated by this chapter is ordered to be made upon the immediate payment plan,
the city council or commission shall provide for the payment
thereof by the issuance of local improvement fund warrants
against the local improvement district, which warrants shall
be paid only out of the funds derived from the local assessments in the district and shall bear interest at a rate determined by the city council or commission from date of issuance. If the improvement is ordered to be made upon the bond
installment plan, the city council or commission shall provide
for the issuance of bonds against the improvement district.
[1981 c 156 § 7; 1965 c 7 § 35.56.120. Prior: 1913 c 16 § 9;
RRS § 9457.]
35.56.120
35.56.130 Local improvement bonds—Terms. The
city council or commission shall have full authority to provide for the issuance of such bonds against the improvement
district fund in such denominations as the city council or
commission may provide, which shall bear such rate of interest as the city council or commission may fix. Interest shall
be paid annually and the bonds shall become due and payable
at such time, not exceeding fifteen years from the date
thereof, as may be fixed by the said council or commission
and shall be payable out of the assessment district funds.
If so ordered by the council or commission, the bonds
may be issued in such a way that different numbers of the
bonds may become due and payable at different intervals of
time, or they may be so issued that all of the bonds against
said district mature together. The city may reserve the right to
call or mature any bond on any interest paying date when sufficient funds are on hand for its redemption; but bonds shall
be called in numerical order. [1981 c 156 § 8; 1965 c 7 §
35.56.130. Prior: 1913 c 16 § 10, part; RRS § 9458, part.]
35.56.180
the first instance, but in that event the current or general
expense fund shall be reimbursed out of the first moneys collected in any such local assessment district or realized from
the negotiation or sale of local improvement warrants or
bonds. [1965 c 7 § 35.56.150. Prior: 1913 c 16 § 11; RRS §
9459.]
35.56.160 Local improvement fund—Investment. If
money accumulates in an improvement fund and is likely to
lie idle waiting the maturity of the bonds against the district,
the city council or commission, under proper safeguards, may
invest it temporarily, or may borrow it temporarily, at a reasonable rate of interest, but when so invested or borrowed,
the city shall be responsible and liable for the restoration to
such fund of the money so invested or borrowed with interest
thereon, whenever required for the redemption of bonds
maturing against such district. [1965 c 7 § 35.56.160. Prior:
1913 c 16 § 15; RRS § 9463.]
35.56.160
35.56.130
35.56.140 Local improvement bonds—Guaranties.
The city may guarantee the payment of the whole or any part
of the bonds issued against a local improvement district, but
the guaranties on the part of the city shall be made only by
ordinance passed by the vote of not less than two-thirds of the
councilmembers and the approval of the mayor, or three commissioners in case the governing body consist of three commissioners, or four where such city is governed by five commissioners. [2009 c 549 § 2096; 1965 c 7 § 35.56.140. Prior:
1913 c 16 § 10, part; RRS § 9458, part.]
35.56.170 Letting contracts for improvement—
Excess or deficiency of fund. The contract for the making of
the improvement may be let either before or after the making
up of the equalization of the assessment roll, and warrants or
bonds may be issued against the local improvement district
fund either before or after the equalization of the roll as in the
judgment of the council or commission may best subserve the
public interest.
If after the assessment roll is made up and equalized,
based in whole or in part upon an estimate of the cost of the
improvement, and it is found that the estimate was too high,
the excess shall be rebated pro rata to the property owners on
the assessment roll, the rebates to be deducted from the last
installment, or installments, when the assessment is upon the
installment plan.
If it is found that the estimated cost was too low and that
the actual bona fide cost of the improvement is greater than
the estimate, the city council or commission after due notice
and a hearing, as in case of the original equalization of the
roll, may add the required additional amount to the assessment roll to be apportioned among the several parcels of
property upon the same rules and principles as if it had been
originally included except that the additional amount shall be
added to the last installment of an assessment if assessments
are payable upon the installment plan. The same notice shall
be required for adding to the assessment roll in this manner as
is required for the original equalization of the roll, and the
property owner shall have the right of appeal. [1965 c 7 §
35.56.170. Prior: 1913 c 16 § 13; RRS § 9461.]
35.56.150 Local improvement bonds and warrants—
Sale to pay damages—Preliminary financing. The city
council or commission may negotiate sufficient warrants or
bonds against any local improvement district at a price not
less than ninety-five percent of their par value to raise sufficient money to pay any and all compensation which may be
awarded for property damaged or taken in the eminent
domain proceedings, including the costs of such proceedings.
In lieu of so doing, the city council or commission may negotiate current or general expense fund warrants at par to raise
funds for the payment of such compensation and expenses in
35.56.180 Payment of contractor—Bonds—Warrants—Cash. The city council or commission may provide
in letting the contract for an improvement, that the contractor
shall accept special fund warrants or local improvement
bonds against the local improvement district within which
such improvement is to be made, in payment for the contract
price of the work, and that the warrants or bonds may be
issued to the contractor from time to time as the work
progresses, or the city council or commission may negotiate
the special fund warrants or bonds against the local improvement district at not less than ninety-five cents in money for
35.56.140
35.56.150
(2010 Ed.)
35.56.170
35.56.180
[Title 35 RCW—page 197]
35.56.190
Title 35 RCW: Cities and Towns
each dollar of warrants or bonds, and with the proceeds pay
the contractor for the work and pay the other costs of such
improvement. [1965 c 7 § 35.56.180. Prior: 1913 c 16 § 14;
RRS § 9462.]
35.56.190
35.56.190 Tax levy—General—Purposes—Limit.
For the purpose of raising revenues to carry on any project
under this chapter including funds for the payment for the
lands taken, purchased, acquired or condemned and the
expenses incident to the acquiring thereof, or any other cost
or expenses incurred by the city under the provisions of this
chapter but not including the cost of actually filling the lands
for which the local improvement district was created, a city
may levy an annual tax of not exceeding seventy-five cents
per thousand dollars of assessed valuation of all property
within the city. The city council or commission may create a
fund into which all moneys so derived from taxation and
moneys derived from rents and issues of the lands shall be
paid and against which special fund warrants may be drawn
or negotiable bonds issued to meet expenditures under this
chapter. [1973 1st ex.s. c 195 § 22; 1965 c 7 § 35.56.190.
Prior: 1913 c 16 § 19; RRS § 9467.]
Additional notes found at www.leg.wa.gov
35.56.200
35.56.200 Waterways constructed—Requirements.
In the filling of any marshland, swampland, tideland or tideflats no canal or waterway shall be constructed in connection
therewith less than three hundred feet wide at the top between
the shore lines and with sufficient slope to the sides or banks
thereof to as nearly as practicable render bulkheadings or
other protection against caving or falling in of said sides or
banks unnecessary and of sufficient depth to meet all ordinary requirements of navigation and commerce. [1965 c 7 §
35.56.200. Prior: 1913 c 16 § 17, part; RRS § 9465, part.]
35.56.210
35.56.210 Waterways constructed—Control. The
canal or waterway shall be and remain under the control of
the city and immediately upon its completion the city shall
establish outer dock lines lengthwise of said canal or waterway on both sides thereof in such manner and position that
not less than two hundred feet of the width thereof shall
always remain open between such lines and beyond and
between which lines no right shall ever be granted to build
wharves or other obstructions except bridges; nor shall any
permanent obstruction to the free use of the channel so laid
out between said wharf or dock lines excepting bridges, their
approaches, piers, abutments and spans, ever be permitted but
the same shall be kept open for navigation. [1965 c 7 §
35.56.210. Prior: 1913 c 16 § 17, part; RRS § 9465, part.]
35.56.220
35.56.220 Waterways constructed—Leasing facilities. The city shall have the right to lease the area so created
between the said shore lines and the wharf lines so established or any part, parts or parcels thereof during times when
the use thereof is not required by the city, for periods not
exceeding thirty years, to private individuals or concerns for
wharf, warehouse or manufacturing purposes at such annual
rate or rental per lineal foot of frontage on the canal or waterway as it may deem reasonable.
[Title 35 RCW—page 198]
The rates of wharfage, and other charges to the public
which any lessee may impose shall be reasonable; and the
city council or commission may regulate such rates. The
lease so granted by the city shall never be transferred or
assigned without the consent of the city council or commission having been first obtained.
A city shall never lease to any individual or concern
more than four hundred lineal feet of frontage of the area
lying between the shore lines and the dock lines and no individual or concern shall ever hold or occupy by lease, sublease
or otherwise more than the said four hundred lineal feet of
frontage of such area: PROVIDED, That any individual or
concern may acquire by lease or sublease whatever additional
number of lineal feet of frontage of such area may in the judgment of the city council or commission be necessary for the
use of such individual or concern, upon petition therefor to
the city council or commission signed by not less than five
hundred resident freeholders of the city. [1965 c 7 §
35.56.220. Prior: 1913 c 16 § 17, part; RRS § 9465, part.]
35.56.230 Waterway shoreline front—Lessee must
lease abutting property. If the city owns the land abutting
upon any part of the area between the shore lines and dock
lines, no portion of the area which has city owned property
abutting upon it shall ever be leased unless an equal frontage
of the abutting property immediately adjoining it is leased at
the same time for the same period to the same individual or
concern. [1965 c 7 § 35.56.230. Prior: 1913 c 16 § 17, part;
RRS § 9465, part.]
35.56.230
35.56.240 Waterways constructed—Acquisition of
abutting property. While acquiring the rights-of-way for
such canals or waterways or at any time thereafter such city
may acquire for its own use and public use by purchase, gift,
condemnation or otherwise, and pay therefor by any lawful
means including but not restricted to payment out of the current expense fund of such city or by bonding the city or by
pledging revenues to be derived from rents and issues therefrom, lands abutting upon the shore lines or right-of-way of
such canals or waterways to a distance, depth or width of not
more than three hundred feet back from the banks or shore
lines of such canals or waterways on either side or both sides
thereof, or not more than three hundred lineal feet back from
and abutting on the outer lines of such rights-of-way on either
side or both sides of such rights-of-way, and such area of
such abutting lands as the council or commission may deem
necessary for its use for public docks, bridges, wharves,
streets and other conveniences of navigation and commerce
and for its own use and benefit generally. [1965 c 7 §
35.56.240. Prior: 1913 c 16 § 18, part; RRS § 9466, part.]
35.56.240
35.56.250 Waterways—Abutting city owned lands—
Lease of. If the city is not using the abutting lands so
acquired it may lease any parcels thereof as may be deemed
for the best interest and convenience of navigation, commerce and the public interest and welfare to private individuals or concerns for terms not exceeding thirty years each at
such annual rate or rental as the city council or commission of
such city may deem just, proper and fair, for the purpose of
erecting wharves for wholesale and retail warehouses and for
35.56.250
(2010 Ed.)
Public Facilities Districts
general commercial purposes and manufacturing sites, but
the said city shall never convey or part with title to the abutting lands above mentioned and so acquired nor with the control other than in the manner herein specified. Any lease or
leases granted by the city on such abutting lands shall never
be transferred or assigned without the consent of the city
council or commission having been first obtained.
A city shall never lease to any individual or concern
more than four hundred lineal feet of canal or waterway
frontage of said land and no individual or concern shall ever
hold or occupy by lease, sublease, or otherwise more than the
said four hundred lineal feet of said frontage: PROVIDED,
That any individual or concern may acquire by lease or sublease whatever additional frontage of such abutting land may
be in the judgment of the city council or commission necessary for the use of such individual or concern, upon petition
presented to the city council or commission therefor signed
by not less than five hundred resident freeholders of such
city. [1965 c 7 § 35.56.250. Prior: 1913 c 16 § 18, part; RRS
§ 9466, part.]
35.56.260
35.56.260 Waterways—Abutting lands—Lessee
must lease shoreline property. At the time that the city
leases to any individual or concern any of the land abutting
on the area between the shore lines and the dock lines the
same individual or concern must likewise for the same period
of time lease all of the area between the shore line and dock
line of such canal or waterway lying contiguous to and immediately in front of the abutting land so leased. [1965 c 7 §
35.56.260. Prior: 1913 c 16 § 18, part; RRS § 9466, part.]
35.56.270
35.56.270 Work by day labor. When a city undertakes
any improvement authorized by this chapter and the expenditures required exceed the sum of five hundred dollars, it shall
be done by contract and shall be let to the lowest responsible
bidder, after due notice, under such regulation as may be prescribed by ordinance: PROVIDED, That the city council or
commission may reject all bids presented and readvertise, or,
if in the judgment of the city council or commission the work
can be performed, or supplies or materials furnished by the
city independent of contract, cheaper than under the bid submitted, it may after having so advertised and examined the
bids, cause the work to be performed or supplies or materials
to be furnished independent of contract. This section shall be
construed as a concurrent and cumulative power conferred on
cities and shall not be construed as in any wise repealing or
affecting any law now in force relating to the performing,
execution and construction of public works. [1965 c 7 §
35.56.270. Prior: 1913 c 16 § 20; RRS § 9468.]
35.56.280
35.56.280 Reassessments. If any assessment is found
to be invalid for any cause or if it is set aside for any reason
in judicial proceeding, a reassessment may be made and all
laws then in force relative to the reassessment of local assessments, for street or other improvements, shall, as far as practical, be applicable hereto. [1965 c 7 § 35.56.280. Prior:
1913 c 16 § 16; RRS § 9464.]
Local improvements, assessments and reassessments: Chapter 35.44 RCW.
(2010 Ed.)
35.57.010
35.56.290 Provisions of chapter not exclusive. The
provisions of this chapter shall not be construed as repealing
or in any wise affecting other existing laws relative to the
making of any such improvements but shall be considered as
concurrent therewith. [1965 c 7 § 35.56.290. Prior: 1929 c
63 § 5; 1913 c 16 § 22; RRS § 9470.]
35.56.290
Chapter 35.57
Chapter 35.57 RCW
PUBLIC FACILITIES DISTRICTS
Sections
35.57.010
35.57.020
35.57.030
35.57.040
35.57.050
35.57.060
35.57.070
35.57.080
35.57.090
35.57.100
35.57.110
35.57.900
Creation—Board of directors—Corporate powers.
Regional centers, recreational facilities—Charges and fees—
Powers.
General obligation bonds.
Authorized charges, fees, and taxes—Gifts.
Travel, expense reimbursement policy—Required.
Expenditure of funds—Purposes.
Service provider agreements.
Purchases and sales—Procedures.
Revenue bonds—Limitations.
Tax on admissions.
Tax on vehicle parking charges.
Severability—1999 c 165.
35.57.010 Creation—Board of directors—Corporate
powers. (1)(a) The legislative authority of any town or city
located in a county with a population of less than one million
may create a public facilities district.
(b) The legislative authorities of any contiguous group of
towns or cities located in a county or counties each with a
population of less than one million may enter an agreement
under chapter 39.34 RCW for the creation and joint operation
of a public facilities district.
(c) The legislative authority of any town or city, or any
contiguous group of towns or cities, located in a county with
a population of less than one million and the legislative
authority of a contiguous county, or the legislative authority
of the county or counties in which the towns or cities are
located, may enter into an agreement under chapter 39.34
RCW for the creation and joint operation of a public facilities
district.
(d) The legislative authority of a city located in a county
with a population greater than one million may create a public facilities district, when the city has a total population of
less than one hundred fifteen thousand but greater than eighty
thousand and commences construction of a regional center
prior to July 1, 2008.
(e) At least three contiguous towns or cities with a combined population of at least one hundred sixty thousand, each
of which previously created a public facilities district under
(a) of this subsection, may create an additional public facilities district. The previously created districts may continue
their full corporate existence and activities notwithstanding
the creation and existence of the additional district within the
same geographic area.
(2)(a) A public facilities district is coextensive with the
boundaries of the city or town or contiguous group of cities or
towns that created the district.
(b) A public facilities district created by an agreement
between a town or city, or a contiguous group of towns or cities, and a contiguous county or the county in which they are
located, is coextensive with the boundaries of the towns or
cities, and the boundaries of the county or counties as to the
35.57.010
[Title 35 RCW—page 199]
35.57.020
Title 35 RCW: Cities and Towns
unincorporated areas of the county or counties. The boundaries do not include incorporated towns or cities that are not
parties to the agreement for the creation and joint operation of
the district.
(3)(a) A public facilities district created by a single city
or town shall be governed by a board of directors consisting
of five members selected as follows: (i) Two members
appointed by the legislative authority of the city or town; and
(ii) three members appointed by legislative authority based
on recommendations from local organizations. The members
appointed under (a)(i) of this subsection, shall not be members of the legislative authority of the city or town. The
members appointed under (a)(ii) of this subsection, must be
based on recommendations received from local organizations
that may include, but are not limited to the local chamber of
commerce, local economic development council, and local
labor council. The members shall serve four-year terms. Of
the initial members, one must be appointed for a one-year
term, one must be appointed for a two-year term, one must be
appointed for a three-year term, and the remainder must be
appointed for four-year terms.
(b) A public facilities district created by a contiguous
group of cities and towns must be governed by a board of
directors consisting of seven members selected as follows:
(i) Three members appointed by the legislative authorities of
the cities and towns; and (ii) four members appointed by the
legislative authorities of the cities and towns based on recommendations from local organizations. The members
appointed under (b)(i) of this subsection shall not be members of the legislative authorities of the cities and towns. The
members appointed under (b)(ii) of this subsection, must be
based on recommendations received from local organizations
that include, but are not limited to the local chamber of commerce, local economic development council, local labor
council, and a neighborhood organization that is directly
affected by the location of the regional center in their area.
The members of the board of directors must be appointed in
accordance with the terms of the agreement under chapter
39.34 RCW for the joint operation of the district and shall
serve four-year terms. Of the initial members, one must be
appointed for a one-year term, one must be appointed for a
two-year term, one must be appointed for a three-year term,
and the remainder must be appointed for four-year terms.
(c) A public facilities district created by a town or city, or
a contiguous group of towns or cities, and a contiguous
county or the county or counties in which they are located,
must be governed by a board of directors consisting of seven
members selected as follows: (i) Three members appointed
by the legislative authorities of the cities, towns, and county;
and (ii) four members appointed by the legislative authorities
of the cities, towns, and county based on recommendations
from local organizations. The members appointed under
(c)(i) of this subsection shall not be members of the legislative authorities of the cities, towns, or county. The members
appointed under (c)(ii) of this subsection must be based on
recommendations received from local organizations that
include, but are not limited to, the local chamber of commerce, the local economic development council, the local
labor council, and a neighborhood organization that is
directly affected by the location of the regional center in their
area. The members of the board of directors must be
[Title 35 RCW—page 200]
appointed in accordance with the terms of the agreement
under chapter 39.34 RCW for the joint operation of the district and shall serve four-year terms. Of the initial members,
one must be appointed for a one-year term, one must be
appointed for a two-year term, one must be appointed for a
three-year term, and the remainder must be appointed for
four-year terms.
(d)(i) A public facilities district created under subsection
(1)(e) of this section must provide, in the agreement providing for its creation and operation, that the district must be
governed by an odd-numbered board of directors of not more
than nine members who are also members of the legislative
authorities that created the public facilities district or of the
governing boards of the public facilities districts previously
created by those legislative authorities, or both.
(ii) A board of directors formed under this subsection
must have an equal number of members representing each
city or town participating in the public facilities district. If
there are unfilled board member positions after each city or
town has appointed an equal number of board members, the
members so appointed must appoint a number of additional
board members necessary to fill any remaining positions. For
a board formed under this subsection to submit a proposition
to the voters under RCW 82.14.048, a majority of the members representing or appointed by each legislative authority
participating in the public facilities district must agree to submit the proposition to the voters; however, the board may not
submit a proposition to the voters prior to January 1, 2011.
(4) A public facilities district is a municipal corporation,
an independent taxing "authority" within the meaning of
Article VII, section 1 of the state Constitution, and a "taxing
district" within the meaning of Article VII, section 2 of the
state Constitution.
(5) A public facilities district constitutes a body corporate and possesses all the usual powers of a corporation for
public purposes as well as all other powers that may now or
hereafter be specifically conferred by statute, including, but
not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued.
(6) A public facilities district may acquire and transfer
real and personal property by lease, sublease, purchase, or
sale. No direct or collateral attack on any public facilities district purported to be authorized or created in conformance
with this chapter may be commenced more than thirty days
after creation by the city and/or county legislative authority.
[2010 c 192 § 1; 2009 c 533 § 1; 2007 c 486 § 1; 2002 c 363
§ 1; 1999 c 165 § 1.]
35.57.020 Regional centers, recreational facilities—
Charges and fees—Powers. (1)(a) A public facilities district is authorized to acquire, construct, own, remodel, maintain, equip, reequip, repair, finance, and operate one or more
regional centers. For purposes of this chapter, "regional center" means a convention, conference, or special events center,
or any combination of facilities, and related parking facilities,
serving a regional population constructed, improved, or rehabilitated after July 25, 1999, at a cost of at least ten million
dollars, including debt service. "Regional center" also
includes an existing convention, conference, or special events
center, and related parking facilities, serving a regional population, that is improved or rehabilitated after July 25, 1999,
35.57.020
(2010 Ed.)
Public Facilities Districts
where the costs of improvement or rehabilitation are at least
ten million dollars, including debt service. A "special events
center" is a facility, available to the public, used for community events, sporting events, trade shows, and artistic, musical, theatrical, or other cultural exhibitions, presentations, or
performances. A regional center is conclusively presumed to
serve a regional population if state and local government
investment in the construction, improvement, or rehabilitation of the regional center is equal to or greater than ten million dollars.
(b) A public facilities district created under RCW
35.57.010(1)(e):
(i) Is authorized, in addition to the authority granted
under (a) of this subsection, to acquire, construct, own,
remodel, maintain, equip, reequip, repair, finance, and operate one or more recreational facilities other than a ski area;
(ii) If exercising its authority under (a) or (b)(i) of this
subsection, must obtain voter approval to fund each recreational facility or regional center pursuant to RCW
82.14.048(3); and
(iii) Possesses all of the powers with respect to recreational facilities other than a ski area that all public facilities
districts possess with respect to regional centers under subsections (3), (4), and (7) of this section.
(2) A public facilities district may enter into contracts
with any city or town for the purpose of exercising any powers of a community renewal agency under chapter 35.81
RCW.
(3) A public facilities district may impose charges and
fees for the use of its facilities, and may accept and expend or
use gifts, grants, and donations for the purpose of a regional
center.
(4) A public facilities district may impose charges, fees,
and taxes authorized in RCW 35.57.040, and use revenues
derived therefrom for the purpose of paying principal and
interest payments on bonds issued by the public facilities district to construct a regional center.
(5) Notwithstanding the establishment of a career, civil,
or merit service system, a public facilities district may contract with a public or private entity for the operation or management of its public facilities.
(6) A public facilities district is authorized to use the
supplemental alternative public works contracting procedures set forth in chapter 39.10 RCW in connection with the
design, construction, reconstruction, remodel, or alteration of
any regional center.
(7) A city or town in conjunction with any special
agency, authority, or other district established by a county or
any other governmental agency is authorized to use the supplemental alternative public works contracting procedures set
forth in chapter 39.10 RCW in connection with the design,
construction, reconstruction, remodel, or alteration of any
regional center funded in whole or in part by a public facilities district.
(8) Any provision required to be submitted for voter
approval under this section, may not be submitted for voter
approval prior to January 1, 2011. [2010 c 192 § 2; 2009 c
533 § 2. Prior: 2002 c 363 § 2; 2002 c 218 § 25; 1999 c 165
§ 2.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
(2010 Ed.)
35.57.060
35.57.030 General obligation bonds. (1) To carry out
the purpose of this chapter, a public facilities district may
issue general obligation bonds, not to exceed an amount,
together with any outstanding nonvoter-approved general
obligation indebtedness, equal to one-half of one percent of
the value of the taxable property within the district, as the
term "value of the taxable property" is defined in RCW
39.36.015. A facilities district additionally may issue general
obligation bonds for capital purposes only, together with any
outstanding general obligation indebtedness, not to exceed an
amount equal to one and one-fourth percent of the value of
the taxable property within the district, as the term "value of
the taxable property" is defined in RCW 39.36.015, when
authorized by the voters of the public facilities district pursuant to Article VIII, section 6 of the state Constitution, and to
provide for the retirement thereof by taxes authorized in
chapter 165, Laws of 1999.
(2) General obligation bonds may be issued with a maturity of up to thirty years, and shall be issued and sold in accordance with the provisions of chapter 39.46 RCW.
(3) The general obligation bonds may be payable from
the operating revenues of the public facilities district in addition to the tax receipts of the district. [1999 c 165 § 3.]
35.57.030
35.57.040 Authorized charges, fees, and taxes—
Gifts. (1) The board of directors of the public facilities district may impose the following for the purpose of funding a
regional center:
(a) Charges and fees for the use of any of its facilities;
(b) Admission charges under RCW 35.57.100;
(c) Vehicle parking charges under RCW 35.57.110; and
(d) Sales and use taxes authorized under RCW 82.14.048
and 82.14.390.
(2) The board may accept and expend or use gifts, grants,
and donations for the purpose of a regional center. The revenue from the charges, fees, and taxes imposed under this section shall be used only for the purposes authorized by this
chapter. [1999 c 165 § 4.]
35.57.040
35.57.050 Travel, expense reimbursement policy—
Required. The board of directors of the public facilities district shall adopt a resolution that may be amended from time
to time that shall establish the basic requirements governing
methods and amounts of reimbursement payable to such district officials and employees for travel and other business
expenses incurred on behalf of the district. The resolution
shall, among other things, establish procedures for approving
such expenses; the form of the travel and expense voucher;
and requirements governing the use of credit cards issued in
the name of the district. The resolution may also establish
procedures for payment of per diem to board members. The
state auditor shall, as provided by general law, cooperate with
the public facilities district in establishing adequate procedures for regulating and auditing the reimbursement of all
such expenses. [1999 c 165 § 5.]
35.57.050
35.57.060 Expenditure of funds—Purposes. (1) The
board of directors of the public facilities district shall have
authority to authorize the expenditure of funds for the public
purposes of preparing and distributing information to the
general public and promoting, advertising, improving, devel35.57.060
[Title 35 RCW—page 201]
35.57.070
Title 35 RCW: Cities and Towns
oping, operating, and maintaining a regional center. For promotional activities the district board must: (a) Identify the
proposed expenditure in its annual budget; and (b) adopt
written rules governing promotional hosting by employees,
agents, and the board, including requirements for identifying
and evaluating the public benefits to be derived and documenting the public benefits realized.
(2) Nothing contained in this section may be construed to
authorize preparation and distribution of information to the
general public for the purpose of influencing the outcome of
a district election. [2009 c 167 § 2; 1999 c 165 § 6.]
35.57.070 Service provider agreements. The public
facilities district may secure services by means of an agreement with a service provider. The public facilities district
shall publish notice, establish criteria, receive and evaluate
proposals, and negotiate with respondents under requirements set forth by district resolution. [1999 c 165 § 7.]
35.57.070
35.57.080 Purchases and sales—Procedures. In addition to provisions contained in chapter 39.04 RCW, the public facilities district is authorized to follow procedures contained in RCW 43.19.1906 and 43.19.1911 for all purchases,
contracts for purchase, and sales. [1999 c 165 § 8.]
35.57.080
35.57.090 Revenue bonds—Limitations. (1) A public
facilities district may issue revenue bonds to fund revenuegenerating facilities, or portions of facilities, which it is
authorized to provide or operate. Whenever revenue bonds
are to be issued, the board of directors of the district shall create or have created a special fund or funds from which, along
with any reserves created pursuant to RCW 39.44.140, the
principal and interest on such revenue bonds shall exclusively be payable. The board may obligate the district to set
aside and pay into the special fund or funds a fixed proportion
or a fixed amount of the revenues from the public improvements, projects, or facilities, and all related additions, that are
funded by the revenue bonds. This amount or proportion shall
be a lien and charge against these revenues, subject only to
operating and maintenance expenses. The board shall have
due regard for the cost of operation and maintenance of the
public improvements, projects, or facilities, or additions, that
are funded by the revenue bonds, and shall not set aside into
the special fund or funds a greater amount or proportion of
the revenues that in its judgment will be available over and
above the cost of maintenance and operation and the amount
or proportion, if any, of the revenue so previously pledged.
The board may also provide that revenue bonds payable out
of the same source or sources of revenue may later be issued
on a parity with any revenue bonds being issued and sold.
(2) Revenue bonds issued under this section shall not be
an indebtedness of the district issuing the bonds, and the
interest and principal on the bonds shall only be payable from
the revenues lawfully pledged to meet the principal and interest requirements and any reserves created under RCW
39.44.140. The owner or bearer of a revenue bond or any
interest coupon issued under this section shall not have any
claim against the district arising from the bond or coupon
except for payment from the revenues lawfully pledged to
meet the principal and interest requirements and any reserves
35.57.090
[Title 35 RCW—page 202]
created under RCW 39.44.140. The substance of the limitations included in this subsection shall be plainly printed, written, or engraved on each bond issued under this section.
(3) Revenue bonds with a maturity in excess of thirty
years shall not be issued. The board of directors of the district
shall by resolution determine for each revenue bond issue the
amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of
execution, manner of sale, callable provisions, if any, and
covenants including the refunding of existing revenue bonds.
Facsimile signatures may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same
manner as revenue bonds are issued. [1999 c 165 § 9.]
35.57.100
35.57.100 Tax on admissions. A public facility district
may levy and fix a tax of not more than one cent on twenty
cents or fraction thereof to be paid by the person who pays an
admission charge to a regional center. This includes a tax on
persons who are admitted free of charge or at reduced rates if
other persons pay a charge or a regular higher charge for the
same privileges or accommodations.
The term "admission charge" includes:
(1) A charge made for season tickets or subscriptions;
(2) A cover charge, or a charge made for use of seats and
tables reserved or otherwise, and other similar accommodations;
(3) A charge made for food and refreshment if free entertainment, recreation, or amusement is provided;
(4) A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if the rental of
the equipment or facilities is necessary to the enjoyment of a
privilege for which a general admission is charged, the combined charges shall be considered as the admission charge;
(5) Automobile parking charges if the amount of the
charge is determined according to the number of passengers
in the automobile. [1999 c 165 § 10.]
35.57.110
35.57.110 Tax on vehicle parking charges. A public
facility district may levy and fix a tax on any vehicle parking
charges imposed at any parking facility that is owned or
leased by the public facility district as part of a regional center. No county or city or town within which the regional center is located may impose a tax of the same or similar kind on
any vehicle parking charges at the facility. For the purposes
of this section, "vehicle parking charges" means only the
actual parking charges exclusive of taxes and service charges
and the value of any other benefit conferred. The tax authorized under this section shall be at the rate of not more than
ten percent. [1999 c 165 § 11.]
35.57.900
35.57.900 Severability—1999 c 165. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1999 c 165 § 23.]
(2010 Ed.)
Metropolitan Municipal Corporations
Chapter 35.58 RCW
METROPOLITAN MUNICIPAL CORPORATIONS
Chapter 35.58
Sections
35.58.010
35.58.020
35.58.030
35.58.040
35.58.050
35.58.060
35.58.070
35.58.080
35.58.090
35.58.100
35.58.110
35.58.112
35.58.114
35.58.116
35.58.120
35.58.130
35.58.140
35.58.150
35.58.160
35.58.170
35.58.180
35.58.190
35.58.200
35.58.210
35.58.215
35.58.220
35.58.230
35.58.240
35.58.245
35.58.250
35.58.260
35.58.262
35.58.263
35.58.265
35.58.268
35.58.270
35.58.271
35.58.2711
35.58.2712
35.58.272
35.58.2721
35.58.2794
35.58.2795
35.58.2796
35.58.280
35.58.290
35.58.300
35.58.310
35.58.320
35.58.330
35.58.340
35.58.350
35.58.360
35.58.370
35.58.380
35.58.390
(2010 Ed.)
35.58.400
35.58.410
35.58.420
Declaration of policy and purpose.
Definitions.
Corporations authorized—Limitation on boundaries.
Territory which must be included or excluded—Boundaries.
Functions authorized.
Unauthorized functions to be performed under other law.
Resolution, petition for election—Requirements, procedure.
Hearings on petition, resolution—Inclusion, exclusion of territory—Boundaries—Calling election.
Election procedure to form corporation and levy tax—Qualified voters—Establishment of corporation—First meeting of
council.
Additional functions—Authorized by election.
Additional functions—Authorized without election.
Recommended comprehensive plan for performance of additional function—Study and preparation.
Recommended comprehensive plan for performance of additional function—Resolution for special election to authorize
additional function—Contents—Hearings—Election procedure.
Proposition for issuance of general obligation bonds or levy of
general tax—Submission at same election or special election.
Metropolitan council—Composition.
Metropolitan council—Organization, chair, procedures.
Metropolitan council—Terms.
Metropolitan council—Vacancies.
Metropolitan council—Compensation—Waiver of compensation.
Corporation name and seal.
General powers of corporation.
Performance of function or functions—Commencement date.
Powers relative to water pollution abatement.
Metropolitan water pollution abatement advisory committee.
Powers relative to systems of sewerage.
Powers relative to water supply.
Metropolitan water advisory committee.
Powers relative to transportation.
Public transportation function—Authorization by election
required—Procedure.
Other local public passenger transportation service prohibited—Agreements—Purchase—Condemnation.
Transportation function—Acquisition of city system.
Transportation function—Fuel purchasing strategies—
Reports.
Transportation function—Fuel purchasing strategies—Liability immunity.
Acquisition of existing transportation system—Assumption of
labor contracts—Transfer of employees—Preservation of
employee benefits—Collective bargaining.
Public transportation employees—Payroll deduction for political action committees.
Metropolitan transit commission.
Public transportation in municipalities—Financing.
Local sales and use taxes for financing public transportation
systems.
Public transportation feasibility study—Advanced financial
support payments.
Public transportation systems—Definitions.
Public transportation systems—Authority of municipalities to
acquire, operate, etc.—Indebtedness—Bond issues.
Public transportation systems—Research, testing, development, etc., of systems—Powers to comply with federal laws.
Public transportation systems—Six-year transit plans.
Public transportation systems—Annual report by department.
Powers relative to garbage disposal.
Powers relative to parks and parkways.
Metropolitan park board.
Powers relative to planning.
Eminent domain.
Powers may be exercised with relation to public rights-of-way
without franchise—Conditions.
Disposition of unneeded property.
Powers and functions of metropolitan municipal corporation—Where vested—Powers of metropolitan council.
Rules and regulations—Penalties—Enforcement.
Merit system.
Retention of existing personnel.
Prior employees pension rights preserved.
35.58.430
35.58.450
35.58.460
35.58.470
35.58.480
35.58.490
35.58.500
35.58.510
35.58.520
35.58.530
35.58.540
35.58.550
35.58.560
35.58.570
35.58.580
35.58.585
35.58.590
35.58.595
35.58.600
35.58.610
35.58.900
35.58.911
35.58.920
35.58.930
35.58.931
35.58.010
Prior employees sick leave and vacation rights preserved.
Budget—Expenditures—Revenue estimates—Requirements
for a county assuming the powers of a metropolitan municipal corporation.
Supplemental income payments by component city and
county.
Funds—Disbursements—Treasurer—Expenses—Election
expenses.
General obligation bonds—Issuance, sale, form, term, election, payment.
Revenue bonds—Issuance, sale, form, term, payment,
reserves, actions.
Funding, refunding bonds.
Borrowing money from component city or county.
Interest bearing warrants.
Local improvement districts—Utility local improvement districts.
Obligations of corporation are legal investments and security
for public deposits.
Investment of corporate funds.
Annexation—Requirements, procedure.
Annexation—Hearings—Inclusion, exclusion of territory—
Boundaries—Calling election.
Annexation—Election—Favorable vote.
Taxes—Counties or cities not to impose on certain operations—Credits or offsets against state taxes—Refund of
motor vehicle fuel taxes paid.
Sewage facilities—Capacity charge.
Public transportation fares—Proof of payment—Civil infractions.
Public transportation fares—Schedule of fines and penalties—
Who may monitor fare payment—Administration of citations.
Public transportation fares—Powers of law enforcement
authorities.
Public transportation fares—Powers and authority are supplemental to other laws.
Collaboration with local coordinating coalitions to advance
transportation services for persons with special transportation needs.
Supplemental transportation improvements.
Liberal construction.
Prior proceedings validated, ratified, approved and confirmed.
Severability—1967 c 105.
Severability—1971 ex.s. c 303.
Severability—1974 ex.s. c 70.
Acquisition of
interests in land for conservation, protection, preservation, or open space
purposes by metropolitan municipal corporation: RCW 64.04.130.
open space, land, or rights to future development by counties, cities, or
metropolitan municipal corporations, tax levy: RCW 84.34.200
through 84.34.240, 84.52.010.
County assumption of metropolitan municipal corporation functions: Chapter 36.56 RCW.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
School districts, educational service districts, agreements with other governmental entities for transportation of students, the public or other noncommon school purposes—Limitations: RCW 28A.160.120.
Transportation centers authorized: Chapter 81.75 RCW.
35.58.010 Declaration of policy and purpose. It is
hereby declared to be the public policy of the state of Washington to provide for the people of the populous metropolitan
areas in the state the means of obtaining essential services not
adequately provided by existing agencies of local government. The growth of urban population and the movement of
people into suburban areas has created problems of water pollution abatement, garbage disposal, water supply, transportation, planning, parks and parkways which extend beyond the
boundaries of cities, counties and special districts. For reasons of topography, location and movement of population,
and land conditions and development, one or more of these
problems cannot be adequately met by the individual cities,
counties and districts of many metropolitan areas.
35.58.010
[Title 35 RCW—page 203]
35.58.020
Title 35 RCW: Cities and Towns
It is the purpose of this chapter to enable cities and counties to act jointly to meet these common problems in order
that the proper growth and development of the metropolitan
areas of the state may be assured and the health and welfare
of the people residing therein may be secured. [1974 ex.s. c
70 § 1; 1965 c 7 § 35.58.010. Prior: 1957 c 213 § 1.]
35.58.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Authorized metropolitan function" means a metropolitan function which a metropolitan municipal corporation
shall have been authorized to perform in the manner provided
in this chapter.
(2) "Central city" means the city with the largest population in a metropolitan area.
(3) "Central county" means the county containing the
city with the largest population in a metropolitan area.
(4) "City" means an incorporated city or town.
(5) "City council" means the legislative body of any city
or town.
(6) "City-owned transit system" means a system of public transportation owned or operated, including contracts for
the services of a publicly owned or operated system of transportation, by a city that is not located within the boundaries of
a metropolitan municipal corporation, county transportation
authority, or public transportation benefit area.
(7) "Component city" means an incorporated city or
town within a metropolitan area.
(8) "Component county" means a county, all or part of
which is included within a metropolitan area.
(9) "Metropolitan area" means the area contained within
the boundaries of a metropolitan municipal corporation, or
within the boundaries of an area proposed to be organized as
such a corporation.
(10) "Metropolitan council" means the legislative body
of a metropolitan municipal corporation, or the legislative
body of a county which has by ordinance or resolution
assumed the rights, powers, functions, and obligations of a
metropolitan municipal corporation pursuant to the provisions of chapter 36.56 RCW.
(11) "Metropolitan function" means any of the functions
of government named in RCW 35.58.050.
(12) "Metropolitan municipal corporation" means a
municipal corporation of the state of Washington created pursuant to this chapter, or a county which has by ordinance or
resolution assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation pursuant to the
provisions of chapter 36.56 RCW.
(13) "Metropolitan public transportation" or "metropolitan transportation" for the purposes of this chapter means the
transportation of packages, passengers, and their incidental
baggage by means other than by chartered bus, sightseeing
bus, or any other motor vehicle not on an individual fare-paying basis, together with the necessary passenger terminals
and parking facilities or other properties necessary for passenger and vehicular access to and from such people-moving
systems: PROVIDED, That nothing in this chapter shall be
construed to prohibit a metropolitan municipal corporation
from leasing its buses to private certified carriers; to prohibit
a metropolitan municipal corporation from providing school
bus service for the transportation of pupils; or to prohibit a
35.58.020
[Title 35 RCW—page 204]
metropolitan municipal corporation from chartering an electric streetcar on rails which it operates entirely within a city.
(14) "Pollution" has the meaning given in RCW
90.48.020.
(15) "Population" means the number of residents as
shown by the figures released for the most recent official
state, federal, or county census, or population determination
made under the direction of the office of financial management.
(16) "Proof of payment" means evidence of fare prepayment authorized by a metropolitan municipal corporation or a
city-owned transit system for the use of buses or other modes
of public transportation.
(17) "Special district" means any municipal corporation
of the state of Washington other than a city, county, or metropolitan municipal corporation. [2008 c 123 § 5; 1982 c 103 §
1; 1979 c 151 § 28; 1977 ex.s. c 277 § 12. Prior: 1974 ex.s.
c 84 § 1; 1974 ex.s. c 70 § 2; 1971 ex.s. c 303 § 2; 1965 c 7 §
35.58.020; prior: 1957 c 213 § 2.]
Alphabetization—2008 c 123: "The code reviser shall alphabetize and
renumber the definitions in RCW 35.58.020 and 36.57A.010." [2008 c 123
§ 11.]
Population determinations, office of financial management: Chapter 43.62
RCW.
Additional notes found at www.leg.wa.gov
35.58.030 Corporations authorized—Limitation on
boundaries. Any area of the state containing two or more
cities, at least one of which is of ten thousand or more population, may organize as a metropolitan municipal corporation
for the performance of certain functions, as provided in this
chapter. The boundaries of a metropolitan municipal corporation may not be expanded to include territory located in a
county other than a component county except as a result of
the consolidation of two or more contiguous metropolitan
municipal corporations. [1993 c 240 § 1; 1965 c 7 §
35.58.030. Prior: 1957 c 213 § 3.]
35.58.030
Inclusion of code cities in metropolitan municipal corporations: Chapter
35A.57 RCW.
35.58.040 Territory which must be included or
excluded—Boundaries. At the time of its formation no metropolitan municipal corporation shall include only a part of
any city, and every city shall be either wholly included or
wholly excluded from the boundaries of such corporation. If
subsequent to the formation of a metropolitan municipal corporation a part only of any city shall be included within the
boundaries of a metropolitan municipal corporation such part
shall be deemed to be "unincorporated" for the purpose of
selecting a member of the metropolitan council pursuant to
*RCW 35.58.120(3) and such city shall neither select nor
participate in the selection of a member on the metropolitan
council pursuant to RCW 35.58.120.
Any metropolitan municipal corporation now existing
within a county with a population of one million or more
shall, upon May 21, 1971, have the same boundaries as those
of the respective central county of such metropolitan corporation. The boundaries of such metropolitan corporation may
not be enlarged or diminished after such date by annexation
as provided in chapter 35.58 RCW and any purported annexation of territory shall be deemed void. Any contiguous met35.58.040
(2010 Ed.)
Metropolitan Municipal Corporations
ropolitan municipal corporations may be consolidated into a
single metropolitan municipal corporation upon such terms,
for the purpose of performing such metropolitan function or
functions, and to be effective at such time as may be
approved by resolutions of the respective metropolitan councils. In the event of such consolidation the component city
with the largest population shall be the central city of such
consolidated metropolitan municipal corporation and the
component county with the largest population shall be the
central county of such consolidated metropolitan municipal
corporation. [1993 c 240 § 2; 1991 c 363 § 39; 1971 ex.s. c
303 § 3; 1967 c 105 § 1; 1965 c 7 § 35.58.040. Prior: 1957 c
213 § 4.]
*Reviser’s note: RCW 35.58.120 was amended by 1993 c 240 § 4
deleting subsection (3).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
35.58.050 Functions authorized. A metropolitan
municipal corporation shall have the power to perform any
one or more of the following functions, when authorized in
the manner provided in this chapter:
(1) Metropolitan water pollution abatement.
(2) Metropolitan water supply.
(3) Metropolitan public transportation.
(4) Metropolitan garbage disposal.
(5) Metropolitan parks and parkways.
(6) Metropolitan comprehensive planning. [1974 ex.s. c
70 § 3; 1965 c 7 § 35.58.050. Prior: 1957 c 213 § 5.]
35.58.050
35.58.060 Unauthorized functions to be performed
under other law. All functions of local government which
are not authorized as provided in this chapter to be performed
by a metropolitan municipal corporation, shall continue to be
performed by the counties, cities and special districts within
the metropolitan area as provided by law. [1965 c 7 §
35.58.060. Prior: 1957 c 213 § 6.]
35.58.060
35.58.070 Resolution, petition for election—Requirements, procedure. A metropolitan municipal corporation
may be created by vote of the qualified electors residing in a
metropolitan area in the manner provided in this chapter. An
election to authorize the creation of a metropolitan municipal
corporation may be called pursuant to resolution or petition
in the following manner:
(1) A resolution or concurring resolutions calling for
such an election may be adopted by either:
(a) The city council of a central city; or
(b) The city councils of two or more component cities
other than a central city; or
(c) The board of commissioners of a central county.
A certified copy of such resolution or certified copies of such
concurring resolutions shall be transmitted to the board of
commissioners of the central county.
(2) A petition calling for such an election shall be signed
by at least four percent of the qualified voters residing within
the metropolitan area and shall be filed with the auditor of the
central county.
Any resolution or petition calling for such an election
shall describe the boundaries of the proposed metropolitan
area, name the metropolitan function or functions which the
35.58.070
(2010 Ed.)
35.58.080
metropolitan municipal corporation shall be authorized to
perform initially and state that the formation of the metropolitan municipal corporation will be conducive to the welfare
and benefit of the persons and property within the metropolitan area. After the filing of a first sufficient petition or resolution with such county auditor or board of county commissioners respectively, action by such auditor or board shall be
deferred on any subsequent petition or resolution until after
the election has been held pursuant to such first petition or
resolution.
Upon receipt of such a petition, the auditor shall examine
the same and certify to the sufficiency of the signatures
thereon. For the purpose of examining the signatures on such
petition, the auditor shall be permitted access to the voter registration books of each component county and each component city. No person may withdraw his or her name from a
petition after it has been filed with the auditor. Within thirty
days following the receipt of such petition, the auditor shall
transmit the same to the board of commissioners of the central county, together with his or her certificate as to the sufficiency thereof. [2009 c 549 § 2097; 1965 c 7 § 35.58.070.
Prior: 1957 c 213 § 7.]
35.58.080 Hearings on petition, resolution—Inclusion, exclusion of territory—Boundaries—Calling election. Upon receipt of a duly certified petition or a valid resolution calling for an election on the formation of a metropolitan municipal corporation, the board of commissioners of the
central county shall fix a date for a public hearing thereon
which shall be not more than sixty nor less than forty days
following the receipt of such resolution or petition. Notice of
such hearing shall be published once a week for at least four
consecutive weeks in one or more newspapers of general circulation within the metropolitan area. The notice shall contain a description of the boundaries of the proposed metropolitan area, shall name the initial metropolitan function or functions and shall state the time and place of the hearing and the
fact that any changes in the boundaries of the metropolitan
area will be considered at such time and place. At such hearing or any continuation thereof, any interested person may
appear and be heard on all matters relating to the effect of the
formation of the proposed municipal metropolitan corporation. The commissioners may make such changes in the
boundaries of the metropolitan area as they shall deem reasonable and proper, but may not delete any portion of the proposed area which will create an island of included or
excluded lands, may not delete a portion of any city, and may
not delete any portion of the proposed area which is contributing or may reasonably be expected to contribute to the pollution of any water course or body of water in the proposed
area when the petition or resolution names metropolitan
water pollution abatement as a function to be performed by
the proposed metropolitan municipal corporation. If the commissioners shall determine that any additional territory
should be included in the metropolitan area, a second hearing
shall be held and notice given in the same manner as for the
original hearing. The commissioners may adjourn the hearing
on the formation of a metropolitan municipal corporation
from time to time not exceeding thirty days in all. At the next
regular meeting following the conclusion of such hearing the
commissioners shall adopt a resolution fixing the boundaries
35.58.080
[Title 35 RCW—page 205]
35.58.090
Title 35 RCW: Cities and Towns
of the proposed metropolitan municipal corporation, declaring that the formation of the proposed metropolitan municipal corporation will be conducive to the welfare and benefit
of the persons and property therein and providing for the calling of a special election on the formation of the metropolitan
municipal corporation to be held not more than one hundred
twenty days nor less than sixty days following the adoption of
such resolution. [1974 ex.s. c 70 § 4; 1965 c 7 § 35.58.080.
Prior: 1957 c 213 § 8.]
ted by law on all taxable property located within the metropolitan municipal corporation a general tax, for one year, of
twenty-five cents per thousand dollars of assessed value in
excess of any constitutional or statutory limitation for authorized purposes of the metropolitan municipal corporation.
The proposition shall be expressed on the ballots in substantially the following form:
"ONE YEAR TWENTY-FIVE CENTS
PER THOUSAND DOLLARS OF
ASSESSED VALUE LEVY
Elections: Title 29A RCW.
35.58.090 Election procedure to form corporation
and levy tax—Qualified voters—Establishment of corporation—First meeting of council. The election on the formation of the metropolitan municipal corporation shall be
conducted by the auditor of the central county in accordance
with the general election laws of the state and the results
thereof shall be canvassed by the county canvassing board of
the central county, which shall certify the result of the election to the county legislative authority of the central county,
and shall cause a certified copy of such canvass to be filed in
the office of the secretary of state. Notice of the election shall
be published in one or more newspapers of general circulation in each component county in the manner provided in the
general election laws. No person shall be entitled to vote at
such election unless that person is a qualified voter under the
laws of the state in effect at the time of such election and has
resided within the metropolitan area for at least thirty days
preceding the date of the election. The ballot proposition
shall be in substantially the following form:
35.58.090
"FORMATION OF METROPOLITAN
MUNICIPAL CORPORATION
Shall a metropolitan municipal corporation be
established for the area described in a resolution of
the county legislative authority of . . . . . . county
adopted on the . . . . day of . . . . . ., 19. . ., to perform
the metropolitan functions of . . . . . . (here insert the
title of each of the functions to be authorized as set
forth in the petition or initial resolution).
YES . . . . . . . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . . . . . . . "
If a majority of the persons voting on the proposition
residing within the central city shall vote in favor thereof and
a majority of the persons voting on the proposition residing in
the metropolitan area outside of the central city shall vote in
favor thereof, the metropolitan municipal corporation shall
thereupon be established and the county legislative authority
of the central county shall adopt a resolution setting a time
and place for the first meeting of the metropolitan council
which shall be held not later than sixty days after the date of
such election. A copy of such resolution shall be transmitted
to the legislative body of each component city and county and
of each special district which shall be affected by the particular metropolitan functions authorized.
At the same election there shall be submitted to the voters residing within the metropolitan area, for their approval or
rejection, a proposition authorizing the metropolitan municipal corporation, if formed, to levy at the earliest time permit[Title 35 RCW—page 206]
Shall the metropolitan municipal corporation, if
formed, levy a general tax of twenty-five cents per
thousand dollars of assessed value for one year upon
all the taxable property within said corporation in
excess of the constitutional and/or statutory tax limits for authorized purposes of the corporation?
YES . . . . . . . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . . . . . . . "
Such proposition to be effective must be approved by a
majority of at least three-fifths of the persons voting on the
proposition to levy such tax, with a forty percent validation
requirement, in the manner set forth in Article VII, section
2(a) of the Constitution of this state. [1993 c 240 § 3; 1973
1st ex.s. c 195 § 23; 1965 c 7 § 35.58.090. Prior: 1957 c 213
§ 9.]
Canvassing the returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
Additional notes found at www.leg.wa.gov
35.58.100 Additional functions—Authorized by election. A metropolitan municipal corporation may be authorized to perform one or more metropolitan functions in addition to those which it has previously been authorized to perform, with the approval of the voters at an election, in the
manner provided in this section.
An election to authorize a metropolitan municipal corporation to perform one or more additional metropolitan functions may be called pursuant to a resolution or a petition in
the following manner:
(1) A resolution calling for such an election may be
adopted by:
(a) The city council of the central city; or
(b) The city councils of at least one-half in number of the
component cities other than the central city; or
(c) The board of commissioners of the central county.
Such resolution shall be transmitted to the metropolitan council.
(2) A petition calling for such an election shall be signed
by at least four percent of the registered voters residing
within the metropolitan area and shall be filed with the auditor of the central county.
Any resolution or petition calling for such an election
shall name the additional metropolitan functions which the
metropolitan municipal corporation shall be authorized to
perform.
Upon receipt of such a petition, the auditor shall examine
the signatures thereon and certify to the sufficiency thereof.
For the purpose of examining the signatures on such petition,
35.58.100
(2010 Ed.)
Metropolitan Municipal Corporations
the auditor shall be permitted access to all voter registration
books of any component county and of all component cities.
No person may withdraw his or her name from a petition after
it has been filed with the auditor. Within thirty days following the receipt of such petition, the auditor shall transmit the
same to the metropolitan council, together with his or her certificate as to the sufficiency of signatures thereon.
Upon receipt of a valid resolution or duly certified petition calling for an election on the authorization of the performance of one or more additional metropolitan functions, the
metropolitan council shall cause to be called a special election to be held not more than one hundred and twenty days
nor less than sixty days following such receipt. Such special
election shall be conducted and canvassed as provided in this
chapter for an election on the question of forming a metropolitan municipal corporation. The ballot proposition shall be in
substantially the following form:
"Shall the . . . . . . metropolitan municipal corporation be authorized to perform the additional metropolitan functions of . . . . . . (here insert the title of
each of the additional functions to be authorized as
set forth in the petition or resolution)?
YES . . . . . . . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . . . . . . . "
If a majority of the persons voting on the proposition shall
vote in favor thereof, the metropolitan municipal corporation
shall be authorized to perform such additional metropolitan
function or functions. [2009 c 549 § 2098; 1967 c 105 § 2;
1965 c 7 § 35.58.100. Prior: 1957 c 213 § 10.]
35.58.110 Additional functions—Authorized without
election. A metropolitan municipal corporation may be
authorized to perform one or more metropolitan functions in
addition to those which it previously has been authorized to
perform, without an election, in the manner provided in this
section. A resolution providing for the performance of such
additional metropolitan function or functions shall be
adopted by the metropolitan council. A copy of such resolution shall be transmitted by registered mail to the legislative
body of each component city and county. If, within ninety
days after the date of such mailing, a concurring resolution is
adopted by the legislative body of each component county, of
each component city of the first class, and of at least twothirds of all other component cities, and such concurring resolutions are transmitted to the metropolitan council, such
council shall by resolution declare that the metropolitan
municipal corporation has been authorized to perform such
additional metropolitan function or functions. A copy of such
resolution shall be transmitted by registered mail to the legislative body of each component city and county and of each
special district which will be affected by the particular additional metropolitan function authorized. [1965 c 7 §
35.58.110. Prior: 1957 c 213 § 11.]
35.58.110
Election required to authorize public transportation function: RCW
35.58.245.
35.58.112 Recommended comprehensive plan for
performance of additional function—Study and preparation. The metropolitan council of a metropolitan municipal
35.58.112
(2010 Ed.)
35.58.114
corporation upon the affirmative vote of two-thirds of the
members of such council may make planning, engineering,
legal, financial and feasibility studies preliminary to or incident to the preparation of a recommended comprehensive
plan for any metropolitan function, and may prepare such a
recommended comprehensive plan before the metropolitan
municipal corporation has been authorized to perform such
function. The studies and plan may cover territory within and
without the metropolitan municipal corporation. A recommended comprehensive plan prepared pursuant to this section
for any metropolitan function may not be adopted by the metropolitan council unless the metropolitan municipal corporation shall have been authorized to perform such function.
[1967 c 105 § 7.]
35.58.114 Recommended comprehensive plan for
performance of additional function—Resolution for special election to authorize additional function—Contents—Hearings—Election procedure. Whenever a recommended comprehensive plan for the performance of any
additional metropolitan function shall have been prepared
and the metropolitan council shall have found the plan to be
feasible the council may by resolution call a special election
to authorize the performance of such additional function
without the filing of the petitions or resolutions provided for
in RCW 35.58.100.
If the metropolitan council shall determine that the performance of such function requires enlargement of the metropolitan area, such resolution shall contain a description of the
boundaries of the proposed metropolitan area and may be
adopted only after a public hearing thereon before the council. Notice of such hearing shall be published once a week for
at least two consecutive weeks in one or more newspapers of
general circulation within the proposed metropolitan area.
The notice shall contain a description of the boundaries of the
proposed metropolitan area, shall name the additional function or functions to be performed and shall state the time and
place of the hearing and the fact that any changes in the
boundaries of the proposed metropolitan area will be considered at such time and place. At such hearing any interested
person may appear and be heard. The council may make such
changes in the proposed metropolitan area as they shall deem
reasonable and proper, but may not delete any portion of the
existing metropolitan area and may not delete any portion of
the proposed additional area which will create an island of
included or excluded lands. If the council shall determine that
the proposed additional area should be further enlarged, a
second hearing shall be held and notice given in the same
manner as for the original hearing. The council may adjourn
the hearing or hearings from time to time.
Following the conclusion of such hearing or hearings the
council may adopt a resolution fixing the boundaries of the
proposed metropolitan area and calling a special election on
the performance of such additional function. If the metropolitan municipal corporation is then authorized to perform the
function of metropolitan sewage disposal the council may
provide in such resolution that local governmental agencies
collecting sewage from areas outside the metropolitan area as
same is constituted on the date of adoption of such resolution
will not thereafter be required to discharge such sewage into
the metropolitan sewer system or to secure approval of local
35.58.114
[Title 35 RCW—page 207]
35.58.116
Title 35 RCW: Cities and Towns
construction plans from the metropolitan municipal corporation unless such local agency shall first have entered into a
contract with the metropolitan municipal corporation for the
disposal of such sewage. The metropolitan council may also
provide in such resolution that the authorization to perform
such additional function be effective only if the voters at such
election also authorize the issuance of any general obligation
bonds required to carry out the recommended comprehensive
plan.
The resolution calling such election shall fix the form of
the ballot proposition and the same may vary from that specified in RCW 35.58.100. If the metropolitan council shall
find that the issuance of general obligation bonds is necessary
to perform such additional function and to carry out such recommended comprehensive plan then the ballot proposition
shall set forth the principal amount of such bonds and the
maximum maturity thereof and the proposition shall be so
worded that the voters may by a single yes or no vote authorize the performance of the designated function in the area
described in the resolution and the issuance of such general
obligation bonds.
The persons voting at such election shall be all of the
qualified voters who have resided within the boundaries of
the proposed metropolitan area for at least thirty days preceding the date of the election. The election shall be conducted
and canvassed as provided in RCW 35.58.090.
If the resolution calling such election does not require
the approval of general obligation bonds as a condition of the
performance of such additional function and if a majority of
the persons voting on the ballot proposition residing within
the existing metropolitan municipal corporation shall vote in
favor thereof and a majority of the persons residing within the
area proposed to be added to the existing metropolitan
municipal corporation shall vote in favor thereof the boundaries described in the resolution calling the election shall
become the boundaries of the metropolitan municipal corporation and the metropolitan municipal corporation shall be
authorized to perform the additional function described in the
proposition.
If the resolution calling such election shall require the
authorization of general obligation bonds as a condition of
the performance of such additional function, then to be effective the ballot proposition must be approved as provided in
the preceding paragraph and must also be approved by at
least three-fifths of the persons voting thereon and the number of persons voting on such proposition must constitute not
less than forty percent of the total number of votes cast within
such area at the last preceding state general election. [1967 c
105 § 8.]
35.58.116 Proposition for issuance of general obligation bonds or levy of general tax—Submission at same
election or special election. The metropolitan council may
at the same election called to authorize the performance of an
additional function or at a special election called by the council after it has been authorized to perform any metropolitan
function submit a proposition for the issuance of general obligation bonds for capital purposes as provided in RCW
35.58.450 or a proposition for the levy of a general tax for
any authorized purpose for one year in such total dollar
amount as the metropolitan council may determine and spec35.58.116
[Title 35 RCW—page 208]
ify in such proposition. Any such proposition to be effective
must be assented to by at least three-fifths of the persons voting thereon and the number of persons voting on such proposition shall constitute not less than forty percent of the total
number of votes cast within the metropolitan area at the last
preceding state general election. Any such proposition shall
only be effective if the performance of the additional function
shall be authorized at such election or shall have been authorized prior thereto. [1967 c 105 § 9.]
35.58.120 Metropolitan council—Composition.
Unless the rights, powers, functions, and obligations of a
metropolitan municipal corporation have been assumed by a
county as provided in chapter 36.56 RCW, a metropolitan
municipal corporation shall be governed by a metropolitan
council composed of elected officials of the component counties and component cities, and possibly other persons, as
determined by agreement of each of the component counties
and the component cities equal in number to at least twentyfive percent of the total number of component cities that have
at least seventy-five percent of the combined component city
populations. The agreement shall remain in effect until
altered in the same manner as the initial composition is determined. [1993 c 240 § 4; 1983 c 92 § 1; 1981 c 190 § 3; 1974
ex.s. c 70 § 5; 1971 ex.s. c 303 § 5; 1969 ex.s. c 135 § 1; 1967
c 105 § 3; 1965 c 7 § 35.58.120. Prior: 1957 c 213 § 12.]
35.58.120
35.58.130 Metropolitan council—Organization,
chair, procedures. At the first meeting of the metropolitan
council following the formation of a metropolitan municipal
corporation, the mayor of the central city shall serve as temporary chair. As its first official act the council shall elect a
chair. The chair shall be a voting member of the council and
shall preside at all meetings. In the event of his or her
absence or inability to act the council shall select one of its
members to act as chair pro tempore. A majority of all members of the council shall constitute a quorum for the transaction of business. A smaller number of councilmembers than
a quorum may adjourn from time to time and may compel the
attendance of absent members in such manner and under such
penalties as the council may provide. The council shall determine its own rules and order of business, shall provide by resolution for the manner and time of holding all regular and
special meetings and shall keep a journal of its proceedings
which shall be a public record. Every legislative act of the
council of a general or permanent nature shall be by resolution. [2009 c 549 § 2099; 1965 c 7 § 35.58.130. Prior: 1957
c 213 § 13.]
35.58.130
35.58.140 Metropolitan council—Terms. Each member of a metropolitan council except those selected under the
provisions of RCW 35.58.120, shall hold office at the pleasure of the body which selected him or her. Each member,
who shall hold office ex officio, may not hold office after he
or she ceases to hold the position of elected county executive,
mayor, commissioner, or councilmember. The chair shall
hold office until the second Tuesday in July of each evennumbered year and may, if reelected, serve more than one
term. Each member shall hold office until his or her successor has been selected as provided in this chapter. [2009 c 549
35.58.140
(2010 Ed.)
Metropolitan Municipal Corporations
§ 2100; 1971 ex.s. c 303 § 6; 1969 ex.s. c 135 § 2; 1967 c 105
§ 4; 1965 c 7 § 35.58.140. Prior: 1957 c 213 § 14.]
35.58.150 Metropolitan council—Vacancies. A
vacancy in the office of a member of the metropolitan council
shall be filled in the same manner as provided for the original
selection. The meeting of mayors to fill a vacancy of the
member selected under the provisions of RCW 35.58.120 or
of special district representatives to fill a vacancy of a member selected under RCW 35.58.120 shall be held at such time
and place as shall be designated by the chair of the metropolitan council after ten days’ written notice mailed to the mayors of each of the cities specified in RCW 35.58.120 or to the
representatives of the special purpose districts specified in
RCW 35.58.120, whichever is applicable. [2009 c 549 §
2101; 1984 c 44 § 1; 1967 c 105 § 5; 1965 c 7 § 35.58.150.
Prior: 1957 c 213 § 15.]
35.58.150
35.58.160 Metropolitan council—Compensation—
Waiver of compensation. The chair and committee chairs
of the metropolitan council except elected public officials
serving on a full-time salaried basis may receive such compensation as the other members of the metropolitan council
shall provide. Members of the council other than the chair
and committee chairs shall receive compensation of fifty dollars per day or portion thereof for attendance at metropolitan
council or committee meetings, or for performing other services on behalf of the metropolitan municipal corporation,
but not exceeding a total of four thousand eight hundred dollars in any year, in addition to any compensation which they
may receive as officers of component cities or counties:
PROVIDED, That elected public officers serving in such
capacities on a full-time basis shall not receive compensation
for attendance at metropolitan, council, or committee meetings, or otherwise performing services on behalf of the metropolitan municipal corporation: PROVIDED FURTHER,
That committee chairs shall not receive compensation in any
one year greater than one-third of the compensation authorized for the county commissioners or county councilmembers of the central county.
Any member of the council may waive all or any portion
of his or her compensation payable under this section as to
any month or months during his or her term of office, by a
written waiver filed with the council as provided in this section. The waiver, to be effective, must be filed any time after
the member’s selection and prior to the date on which the
compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
All members of the council shall be reimbursed for
expenses actually incurred by them in the conduct of official
business for the metropolitan municipal corporation. [2009 c
549 § 2102; 1985 c 330 § 1; 1974 ex.s. c 84 § 2; 1965 c 7 §
35.58.160. Prior: 1957 c 213 § 16.]
35.58.160
35.58.170 Corporation name and seal. The name of a
metropolitan municipal corporation shall be established by its
metropolitan council. Each metropolitan municipal corporation shall adopt a corporate seal containing the name of the
corporation and the date of its formation. [1965 c 7 §
35.58.170. Prior: 1957 c 213 § 17.]
35.58.170
(2010 Ed.)
35.58.200
35.58.180 General powers of corporation. In addition
to the powers specifically granted by this chapter a metropolitan municipal corporation shall have all powers which are
necessary to carry out the purposes of the metropolitan
municipal corporation and to perform authorized metropolitan functions. A metropolitan municipal corporation may
contract with the United States or any agency thereof, any
state or agency thereof, any other metropolitan municipal
corporation, any county, city, special district, or governmental agency and any private person, firm or corporation for the
purpose of receiving gifts or grants or securing loans or
advances for preliminary planning and feasibility studies, or
for the design, construction or operation of metropolitan
facilities and a metropolitan municipal corporation may contract with any governmental agency or with any private person, firm or corporation for the use by either contracting
party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands and rights-of-way of all
kinds which are owned, leased or held by the other party and
for the purpose of planning, constructing or operating any
facility or performing any service which the metropolitan
municipal corporation may be authorized to operate or perform, on such terms as may be agreed upon by the contracting
parties: PROVIDED, That before any contract for the lease
or operation of any metropolitan public transportation facilities shall be let to any private person, firm or corporation, a
general schedule of rental rates for bus equipment with or
without drivers shall be publicly posted applicable to all private certificated carriers, and for other facilities competitive
bids shall first be called upon such notice, bidder qualifications and bid conditions as the metropolitan council shall
determine.
A metropolitan municipal corporation may sue and be
sued in its corporate capacity in all courts and in all proceedings. [1974 ex.s. c 84 § 3; 1967 c 105 § 6; 1965 c 7 §
35.58.180. Prior: 1957 c 213 § 18.]
35.58.180
35.58.190 Performance of function or functions—
Commencement date. The metropolitan council shall provide by resolution the effective date on which the metropolitan municipal corporation will commence to perform any one
or more of the metropolitan functions which it shall have
been authorized to perform. [1965 c 7 § 35.58.190. Prior:
1957 c 213 § 19.]
35.58.190
35.58.200 Powers relative to water pollution abatement. If a metropolitan municipal corporation shall be
authorized to perform the function of metropolitan water pollution abatement, it shall have the following powers in addition to the general powers granted by this chapter:
(1) To prepare a comprehensive water pollution abatement plan including provisions for waterborne pollutant
removal, water quality improvement, sewage disposal, and
storm water drainage for the metropolitan area.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of metropolitan facilities for
water pollution abatement, including but not limited to,
removal of waterborne pollutants, water quality improvement, sewage disposal and storm water drainage within or
without the metropolitan area, including but not limited to
35.58.200
[Title 35 RCW—page 209]
35.58.210
Title 35 RCW: Cities and Towns
trunk, interceptor and outfall sewers, whether used to carry
sanitary waste, storm water, or combined storm and sanitary
sewage, lift and pumping stations, pipelines, drains, sewage
treatment plants, flow control structures together with all
lands, property rights, equipment and accessories necessary
for such facilities. Sewer facilities which are owned by a
county, city, or special district may be acquired or used by the
metropolitan municipal corporation only with the consent of
the legislative body of the county, city, or special districts
owning such facilities. Counties, cities, and special districts
are hereby authorized to convey or lease such facilities to
metropolitan municipal corporations or to contract for their
joint use on such terms as may be fixed by agreement
between the legislative body of such county, city, or special
district and the metropolitan council, without submitting the
matter to the voters of such county, city, or district.
(3) To require counties, cities, special districts and other
political subdivisions to discharge sewage collected by such
entities from any portion of the metropolitan area which can
drain by gravity flow into such metropolitan facilities as may
be provided to serve such areas when the metropolitan council shall declare by resolution that the health, safety, or welfare of the people within the metropolitan area requires such
action.
(4) To fix rates and charges for the use of metropolitan
water pollution abatement facilities, and to expend the moneys so collected for authorized water pollution abatement
activities.
(5) To establish minimum standards for the construction
of local water pollution abatement facilities and to approve
plans for construction of such facilities by component counties or cities or by special districts, which are connected to the
facilities of the metropolitan municipal corporation. No such
county, city, or special district shall construct such facilities
without first securing such approval.
(6) To acquire by purchase, condemnation, gift, or grant,
to lease, construct, add to, improve, replace, repair, maintain,
operate and regulate the use of facilities for the local collection of sewage or storm water in portions of the metropolitan
area not contained within any city or special district operating local public sewer facilities and, with the consent of the
legislative body of any such city or special district, to exercise such powers within such city or special district and for
such purpose to have all the powers conferred by law upon
such city or special district with respect to such local collection facilities: PROVIDED, That such consent shall not be
required if the department of ecology certifies that a water
pollution problem exists within any such city or special district and notifies the city or special district to correct such
problem and corrective construction of necessary local collection facilities shall not have been commenced within one
year after notification. All costs of such local collection facilities shall be paid for by the area served thereby.
(7) To participate fully in federal and state programs
under the federal water pollution control act (86 Stat. 816 et
seq., 33 U.S.C. 1251 et seq.) and to take all actions necessary
to secure to itself or its component agencies the benefits of
that act and to meet the requirements of that act, including but
not limited to the following:
(a) authority to develop and implement such plans as
may be appropriate or necessary under the act.
[Title 35 RCW—page 210]
(b) authority to require by appropriate regulations that its
component agencies comply with all effluent treatment and
limitation requirements, standards of performance requirements, pretreatment requirements, a user charge and industrial cost recovery system conforming to federal regulation,
and all conditions of national permit discharge elimination
system permits issued to the metropolitan municipal corporation or its component agencies. Adoption of such regulations
and compliance therewith shall not constitute a breach of any
sewage disposal contract between a metropolitan municipal
corporation and its component agencies nor a defense to an
action for the performance of all terms and conditions of such
contracts not inconsistent with such regulations and such
contracts, as modified by such regulations, shall be in all
respects valid and enforceable. [1975 c 36 § 1; 1974 ex.s. c
70 § 6; 1971 ex.s. c 303 § 7; 1965 c 7 § 35.58.200. Prior:
1957 c 213 § 20.]
35.58.210 Metropolitan water pollution abatement
advisory committee. If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan water pollution abatement, the metropolitan council shall,
prior to the effective date of the assumption of such function,
cause a metropolitan water pollution abatement advisory
committee to be formed by notifying the legislative body of
each component city and county which operates a sewer system to appoint one person to serve on such advisory committee and the board of commissioners of each water-sewer district which operates a sewer system, any portion of which lies
within the metropolitan area, to appoint one person to serve
on such committee who shall be a commissioner of such a
water-sewer district. The metropolitan water pollution abatement advisory committee shall meet at the time and place
provided in the notice and elect a chair. The members of such
committee shall serve at the pleasure of the appointing bodies
and shall receive no compensation other than reimbursement
for expenses actually incurred in the performance of their
duties. The function of such advisory committee shall be to
advise the metropolitan council in matters relating to the performance of the water pollution abatement function. [2009 c
549 § 2103; 1999 c 153 § 33; 1974 ex.s. c 70 § 7; 1965 c 7 §
35.58.210. Prior: 1957 c 213 § 21.]
35.58.210
Additional notes found at www.leg.wa.gov
35.58.215 Powers relative to systems of sewerage. A
metropolitan municipal corporation authorized to perform
water pollution abatement may exercise all the powers relating to systems of sewerage authorized by RCW 36.94.010,
36.94.020, and 36.94.140 for counties. [1997 c 447 § 13.]
35.58.215
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
35.58.220 Powers relative to water supply. If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan water supply, it shall have
the following powers in addition to the general powers
granted by this chapter:
(1) To prepare a comprehensive plan for the development of sources of water supply, trunk supply mains and
water treatment and storage facilities for the metropolitan
area.
35.58.220
(2010 Ed.)
Metropolitan Municipal Corporations
(2) To acquire by purchase, condemnation, gift or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of metropolitan facilities for
water supply within or without the metropolitan area, including buildings, structures, water sheds, wells, springs, dams,
settling basins, intakes, treatment plants, trunk supply mains
and pumping stations, together with all lands, property,
equipment and accessories necessary to enable the metropolitan municipal corporation to obtain and develop sources of
water supply, treat and store water and deliver water through
trunk supply mains. Water supply facilities which are owned
by a city or special district may be acquired or used by the
metropolitan municipal corporation only with the consent of
the legislative body of the city or special district owning such
facilities. Cities and special districts are hereby authorized to
convey or lease such facilities to metropolitan municipal corporations or to contract for their joint use on such terms as
may be fixed by agreement between the legislative body of
such city or special district and the metropolitan council,
without submitting the matter to the voters of such city or
special district.
(3) To fix rates and charges for water supplied by the
metropolitan municipal corporation.
(4) To acquire by purchase, condemnation, gift or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of facilities for the local distribution of water in portions of the metropolitan area not
contained within any city, or water-sewer district that operates a water system, and, with the consent of the legislative
body of any city or the water-sewer district, to exercise such
powers within such city or water-sewer district and for such
purpose to have all the powers conferred by law upon such
city or water-sewer district with respect to such local distribution facilities. All costs of such local distribution facilities
shall be paid for by the area served thereby. [1999 c 153 § 34;
1965 c 7 § 35.58.220. Prior: 1957 c 213 § 22.]
Additional notes found at www.leg.wa.gov
35.58.230
35.58.230 Metropolitan water advisory committee. If
a metropolitan municipal corporation shall be authorized to
perform the function of metropolitan water supply, the metropolitan council shall, prior to the effective date of the
assumption of such function, cause a metropolitan water
advisory committee to be formed by notifying the legislative
body of each component city which operates a water system
to appoint one person to serve on such advisory committee
and the board of commissioners of each water-sewer district
that operates a water system, any portion of which lies within
the metropolitan area, to appoint one person to serve on such
committee who shall be a water-sewer district commissioner.
The metropolitan water advisory committee shall meet at the
time and place provided in the notice and elect a chair. The
members of such committee shall serve at the pleasure of the
appointing bodies and shall receive no compensation other
than reimbursement for expenses actually incurred in the performance of their duties. The function of such advisory committee shall be to advise the metropolitan council with
respect to matters relating to the performance of the water
supply function.
(2010 Ed.)
35.58.240
The requirement to create a metropolitan water advisory
committee shall not apply to a county that has assumed the
rights, powers, functions, and obligations of the metropolitan
municipal corporation under chapter 36.56 RCW. [2009 c
549 § 2104; 1999 c 153 § 35; 1993 c 240 § 5; 1965 c 7 §
35.58.230. Prior: 1957 c 213 § 23.]
Additional notes found at www.leg.wa.gov
35.58.240 Powers relative to transportation. If a metropolitan municipal corporation shall be authorized to perform the function of metropolitan transportation, it shall have
the following powers in addition to the general powers
granted by this chapter:
(1) To prepare, adopt, and carry out a general comprehensive plan for public transportation service which will best
serve the residents of the metropolitan area and to amend said
plan from time to time to meet changed conditions and
requirements.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of metropolitan transportation facilities and properties within or without the metropolitan area, including systems of surface, underground, or overhead railways, tramways, buses, or any other means of local
transportation except taxis, and including escalators, moving
sidewalks, or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger and
vehicular access to and from such people-moving systems,
terminal and parking facilities and properties, together with
all lands, rights-of-way, property, equipment, and accessories
necessary for such systems and facilities. Public transportation facilities and properties which are owned by any city
may be acquired or used by the metropolitan municipal corporation only with the consent of the city council of the city
owning such facilities. Cities are hereby authorized to convey
or lease such facilities to metropolitan corporations or to contract for their joint use on such terms as may be fixed by
agreement between the city council of such city and the metropolitan council, without submitting the matter to the voters
of such city.
The facilities and properties of a metropolitan public
transportation system whose vehicles will operate primarily
within the rights-of-way of public streets, roads, or highways,
may be acquired, developed and operated without the corridor and design hearings which are required by *RCW
35.58.273 for mass transit facilities operating on a separate
right-of-way.
(3) To fix rates, tolls, fares, and charges for the use of
such facilities and to establish various routes and classes of
service. Fares or charges may be adjusted or eliminated for
any distinguishable class of users including, but not limited
to, senior citizens, handicapped persons, and students.
Classes of service and fares will be maintained in the several
parts of the metropolitan area at such levels as will provide,
insofar as reasonably practicable, that the portion of any
annual transit operating deficit of the metropolitan municipal
corporation attributable to the operation of all routes, taken as
a whole, which are located within the central city is approximately in proportion to the portion of total taxes collected by
35.58.240
[Title 35 RCW—page 211]
35.58.245
Title 35 RCW: Cities and Towns
or on behalf of the metropolitan municipal corporation for
transit purposes within the central city, and that the portion of
such annual transit operating deficit attributable to the operation of all routes, taken as a whole, which are located outside
the central city, is approximately in proportion to the portion
of such taxes collected outside the central city.
In the event any metropolitan municipal corporation
shall extend its metropolitan transportation function to any
area or service already offered by any company holding a certificate of public convenience and necessity from the Washington utilities and transportation commission under RCW
81.68.040, it shall by purchase or condemnation acquire at
the fair market value, from the person holding the existing
certificate for providing the services, that portion of the operating authority and equipment representing the services
within the area of public operation. [1981 c 25 § 1; 1971 ex.s.
c 303 § 8; 1967 c 105 § 11; 1965 c 7 § 35.58.240. Prior: 1957
c 213 § 24.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
35.58.245
35.58.245 Public transportation function—Authorization by election required—Procedure. Notwithstanding
any other provision of chapter 35.58 RCW a metropolitan
municipal corporation may perform the function of metropolitan public transportation only if the performance of such
function is authorized by election. The metropolitan council
may call such election and certify the ballot proposition. The
election shall be conducted and canvassed as provided in
RCW 35.58.090 and the municipality shall be authorized to
perform the function of metropolitan public transportation if
a majority of the persons voting on the proposition shall vote
in favor. [1971 ex.s. c 303 § 1.]
35.58.250
35.58.250 Other local public passenger transportation service prohibited—Agreements—Purchase—Condemnation. Except in accordance with an agreement made
as provided herein, upon the effective date on which the metropolitan municipal corporation commences to perform the
metropolitan transportation function, no person or private
corporation shall operate a local public passenger transportation service within the metropolitan area with the exception
of taxis, busses owned or operated by a school district or private school, and busses owned or operated by any corporation or organization solely for the purposes of the corporation
or organization and for the use of which no fee or fare is
charged.
An agreement may be entered into between the metropolitan municipal corporation and any person or corporation
legally operating a local public passenger transportation service wholly within or partly within and partly without the
metropolitan area and on said effective date under which such
person or corporation may continue to operate such service or
any part thereof for such time and upon such terms and conditions as provided in such agreement. Where any such local
public passenger transportation service will be required to
cease to operate within the metropolitan area, the commission
may agree with the owner of such service to purchase the
assets used in providing such service, or if no agreement can
be reached, the commission shall condemn such assets in the
[Title 35 RCW—page 212]
manner provided herein for the condemnation of other properties.
Wherever a privately owned public carrier operates
wholly or partly within a metropolitan municipal corporation,
the Washington utilities and transportation commission shall
continue to exercise jurisdiction over such operation as provided by law. [1965 c 7 § 35.58.250. Prior: 1957 c 213 § 25.]
35.58.260 Transportation function—Acquisition of
city system. If a metropolitan municipal corporation shall be
authorized to perform the metropolitan transportation function, it shall, upon the effective date of the assumption of
such power, have and exercise all rights with respect to the
construction, acquisition, maintenance, operation, extension,
alteration, repair, control and management of passenger
transportation which any component city shall have been previously empowered to exercise and, except as provided in
RCW 35.21.925 and 36.73.180, such powers shall not thereafter be exercised by such component cities without the consent of the metropolitan municipal corporation: PROVIDED, That any city owning and operating a public transportation system on such effective date may continue to
operate such system within such city until such system shall
have been acquired by the metropolitan municipal corporation and a metropolitan municipal corporation may not
acquire such system without the consent of the city council of
such city. [2010 c 251 § 7; 1965 c 7 § 35.58.260. Prior: 1957
c 213 § 26.]
35.58.260
35.58.262 Transportation function—Fuel purchasing strategies—Reports. (1) In performing the metropolitan
transportation function, metropolitan municipal corporations
and counties that have assumed the rights, powers, functions,
and obligations of metropolitan municipal corporations under
chapter 36.56 RCW may explore and implement strategies
designed to reduce the overall cost of fuel and mitigate the
impact of market fluctuations and pressure on both shortterm and long-term fuel costs. These strategies may include,
but are not limited to, futures contracts, hedging, swap transactions, option contracts, costless collars, and long-term storage.
(2) Metropolitan municipal corporations and counties
that have assumed the rights, powers, functions, and obligations of metropolitan municipal corporations under chapter
36.56 RCW that choose to implement the strategies authorized in this section must submit periodic reports to the transportation committees of the legislature on the status of any
such implemented strategies. Each report must include a
description of each contract established to mitigate fuel costs,
the amounts of fuel covered by the contracts, the cost mitigation results, and any related recommendations. The first
report must be submitted within one year of implementation.
[2008 c 126 § 2.]
35.58.262
Finding—Intent—2008 c 126: "The legislature finds and declares that
units of state and local government purchasing large amounts of fuel in the
regular course of performing their function should have substantial flexibility in acquiring fuel to obtain predictability and control of fuel costs, and to
maximize the use of renewable fuels. The legislature hereby declares its
intent to allow certain units of government that regularly purchase large
amounts of fuel to explore and implement strategies that are designed to
reduce the overall cost of fuel and mitigate the impact of market fluctuations
and pressure on both short-term and long-term fuel costs." [2008 c 126 § 1.]
(2010 Ed.)
Metropolitan Municipal Corporations
35.58.263 Transportation function—Fuel purchasing strategies—Liability immunity. If metropolitan municipal corporations and counties that have assumed the rights,
powers, functions, and obligations of metropolitan municipal
corporations under chapter 36.56 RCW choose to implement
the strategies authorized in RCW 35.58.262, the state is not
liable for any financial losses that may be incurred as the
result of participating in such strategies. [2008 c 126 § 3.]
35.58.263
Finding—Intent—2008 c 126: See note following RCW 35.58.262.
35.58.265 Acquisition of existing transportation system—Assumption of labor contracts—Transfer of
employees—Preservation of employee benefits—Collective bargaining. If a metropolitan municipal corporation
shall perform the metropolitan transportation function and
shall acquire any existing transportation system, it shall
assume and observe all existing labor contracts relating to
such system and, to the extent necessary for operation of
facilities, all of the employees of such acquired transportation
system whose duties are necessary to operate efficiently the
facilities acquired shall be appointed to comparable positions
to those which they held at the time of such transfer, and no
employee or retired or pensioned employee of such systems
shall be placed in any worse position with respect to pension
seniority, wages, sick leave, vacation or other benefits that he
or she enjoyed as an employee of such system prior to such
acquisition. The metropolitan municipal corporation shall
engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired transportation system and
may enter into labor contracts with such employee labor
organization. [2009 c 549 § 2105; 1965 c 91 § 1.]
35.58.265
Retention of employees, preservation of pension rights and other benefits
upon acquisition of metropolitan facility: RCW 35.58.380 through
35.58.400.
35.58.268 Public transportation employees—Payroll
deduction for political action committees. Any public official authorized to disburse funds in payment of salaries and
wages of public transportation employees may, upon written
request of the employee, deduct from the salary or wages of
the employee, contributions for payment of voluntary deductions for political action committees sponsored by labor or
employee organizations with public transportation employees as members. For the purposes of this section, "public
transportation employees" means employees of a public
transportation system specified in RCW 35.58.272 who are
covered by a collective bargaining agreement. [1985 c 204 §
1.]
35.58.268
35.58.270 Metropolitan transit commission. (1) If a
metropolitan municipal corporation shall be authorized to
perform the function of metropolitan transportation with a
commission form of management, a metropolitan transit
commission shall be formed prior to the effective date of the
assumption of such function. Except as provided in this section, the metropolitan transit commission shall exercise all
powers of the metropolitan municipal corporation with
respect to metropolitan transportation facilities, including but
not limited to the power to construct, acquire, maintain, operate, extend, alter, repair, control and manage a local public
35.58.270
(2010 Ed.)
35.58.2711
transportation system within and without the metropolitan
area, to establish new passenger transportation services and
to alter, curtail, or abolish any services as the commission
may deem desirable and to fix tolls and fares.
(2) The comprehensive plan for public transportation
service and any amendments thereof shall be adopted by the
metropolitan council and the metropolitan transit commission shall provide transportation facilities and service consistent with such plan. The metropolitan transit commission
shall authorize expenditures for transportation purposes
within the budget adopted by the metropolitan council. Tolls
and fares may be fixed or altered by the commission only
after approval thereof by the metropolitan council. Bonds of
the metropolitan municipal corporation for public transportation purposes shall be issued by the metropolitan council as
provided in this chapter.
(3) The metropolitan transit commission shall consist of
seven members. Six of such members shall be appointed by
the metropolitan council and the seventh member shall be the
chair of the metropolitan council who shall be ex officio the
chair of the metropolitan transit commission. Three of the six
appointed members of the commission shall be residents of
the central city and three shall be residents of the metropolitan area outside of the central city. The three central city
members of the first metropolitan transit commission shall be
selected from the existing transit commission of the central
city, if there be a transit commission in such city. The terms
of first appointees shall be for one, two, three, four, five and
six years, respectively. Thereafter, commissioners shall
serve for a term of four years. Compensation of transit commissioners shall be determined by the metropolitan council.
(4) There is one nonvoting member of the metropolitan
transit commission. The nonvoting member is recommended
by the labor organization representing the public transportation employees within the local public transportation system.
If the public transportation employees are represented by
more than one labor organization, all such labor organizations shall select the nonvoting member by majority vote.
The nonvoting member is appointed for a term of four years.
The nonvoting member shall comply with all governing
bylaws and policies of the commission. The chair or cochairs
of the commission shall exclude the nonvoting member from
attending any executive session held for the purpose of discussing negotiations with labor organizations. The chair or
cochairs may exclude the nonvoting member from attending
any other executive session.
(5) The requirement to create a metropolitan transit commission shall not apply to a county that has assumed the
rights, powers, functions, and obligations of the metropolitan
municipal corporation under chapter 36.56 RCW. [2010 c
278 § 1; 2009 c 549 § 2106; 1993 c 240 § 6; 1967 c 105 § 12;
1965 c 7 § 35.58.270. Prior: 1957 c 213 § 27.]
35.58.271
35.58.271 Public transportation in municipalities—
Financing. See chapter 35.95 RCW.
35.58.2711
35.58.2711 Local sales and use taxes for financing
public transportation systems. See RCW 82.14.045
through 82.14.060.
[Title 35 RCW—page 213]
35.58.2712
Title 35 RCW: Cities and Towns
35.58.2712 Public transportation feasibility study—
Advanced financial support payments. Any municipality,
as defined in RCW 35.95.020, may be eligible to receive a
one-time advanced financial support payment to perform a
feasibility study to determine the need for public transportation to serve its residents. This payment shall be governed by
the following conditions:
(1) The payment shall precede any advanced financial
support payment to develop a plan pursuant to RCW
36.57A.150;
(2) The amount of such payment shall be commensurate
with the number of residents in and the size of the land area
of such municipality and the number and size of school districts in such municipality and shall not exceed one hundred
ten thousand dollars; and
(3) Repayment of an advanced financial support payment shall be made to the general fund by the municipality
within two years after the date such advanced payment was
received. The study shall be completed within one year after
the date such advanced payment was received. The study and
its recommendations shall then be presented to the legislative
authority of the municipality. Within six months of its receipt
of the study and its recommendations, the legislative authority shall pass a resolution adopting or rejecting all or part of
the study. A copy of the resolution shall be transmitted to the
state agency administering this section. Such repayment shall
be waived within two years of the date such advanced payment was received if the legislative authority or the voters in
such municipality do not elect to levy and collect taxes to
support public transportation in their area. Such repayment
shall not be waived in the event any of the provisions of this
subsection are not followed;
(4) The feasibility study shall give consideration to consolidating or coordinating all or any portion of the K-12 pupil
transportation system within the proposed boundaries of the
municipality. Any school district lying wholly or in part
within the proposed boundaries shall fully cooperate in the
study unless the school board shall pass a resolution to the
contrary setting forth the reasons therefor. A copy of the resolution shall be forwarded to the secretary of the department
of transportation for inclusion in the municipality’s application file.
The department of transportation shall provide technical
assistance in the preparation of feasibility studies, and shall
adopt reasonable rules and regulations to carry out the provisions of this section. [1979 c 59 § 1; 1977 ex.s. c 44 § 6.]
35.58.2712
Additional notes found at www.leg.wa.gov
35.58.272 Public transportation systems—Definitions. "Municipality" as used in *RCW 35.58.272 through
35.58.279, as now or hereafter amended, and in RCW
36.57.080, 36.57.100, 36.57.110, 35.58.2721, 35.58.2794,
and chapter 36.57A RCW, means any metropolitan municipal corporation which shall have been authorized to perform
the function of metropolitan public transportation; any
county performing the public transportation function as
authorized by RCW 36.57.100 and 36.57.110 or which has
established a county transportation authority pursuant to
chapter 36.57 RCW; any public transportation benefit area
established pursuant to chapter 36.57A RCW; and any city,
which is not located within the boundaries of a metropolitan
35.58.272
[Title 35 RCW—page 214]
municipal corporation unless provided otherwise in RCW
35.21.925 and 36.73.180, county transportation authority, or
public transportation benefit area, and which owns, operates
or contracts for the services of a publicly owned or operated
system of transportation: PROVIDED, That the term
"municipality" shall mean in respect to any county performing the public transportation function pursuant to RCW
36.57.100 and 36.57.110 only that portion of the unincorporated area lying wholly within such unincorporated transportation benefit area.
"Motor vehicle" as used in *RCW 35.58.272 through
35.58.279, as now or hereafter amended, shall have the same
meaning as in RCW 82.44.010.
"County auditor" shall mean the county auditor of any
county or any person designated to perform the duties of a
county auditor pursuant to RCW 82.44.140.
"Person" shall mean any individual, corporation, firm,
association or other form of business association. [2010 c
251 § 8; 1975 1st ex.s. c 270 § 1; 1969 ex.s. c 255 § 7.]
*Reviser’s note: RCW 35.58.273 through 35.58.279 were repealed by
2002 c 6 § 2.
Contracts between political subdivisions for services and use of public transportation systems: RCW 39.33.050.
Additional notes found at www.leg.wa.gov
35.58.2721 Public transportation systems—Authority of municipalities to acquire, operate, etc.—Indebtedness—Bond issues. (1) In addition to any other authority
now provided by law, and subject only to constitutional limitations, the governing body of any municipality shall be
authorized to acquire, construct, operate, and maintain a public transportation system and additions and betterments
thereto, and to issue general obligation bonds for public mass
transportation capital purposes including but not limited to
replacement of equipment: PROVIDED, That the general
indebtedness incurred under this section when considered
together with all the other outstanding general indebtedness
of the municipality shall not exceed the amounts of indebtedness authorized by chapter 39.36 RCW and chapter 35.58
RCW, as now or hereafter amended, to be incurred without
and with the assent of the voters. Such bonds may be in any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030.
Any municipality is authorized to pledge for the payment
or security of the principal of and interest on any bonds
issued for authorized public transportation purposes all or
any portion of any taxes authorized to be levied by the issuer,
including, but not limited to, the local sales and use tax authorized pursuant to RCW 82.14.045, as now or hereafter
amended. No motor vehicle excise taxes under *RCW
35.58.273 may be pledged for bonds.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1990 c 42 § 315; 1983 c 167 § 46; 1979 ex.s. c
175 § 1; 1975 1st ex.s. c 270 § 7.]
35.58.2721
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
Purpose—Headings—Severability—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 82.36.025.
Financing of public transportation systems in municipalities: Chapter 35.95
RCW and RCW 82.14.045.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Metropolitan Municipal Corporations
35.58.2794
35.58.2794 Public transportation systems—
Research, testing, development, etc., of systems—Powers
to comply with federal laws. Any city, county, public transportation benefit area authority, county transportation authority, or metropolitan municipal corporation operating a public
transportation system shall be authorized to conduct, contract
for, participate in and support research, demonstration, testing and development of public transportation systems, equipment and use incentives and shall have all powers necessary
to comply with any criteria, standards, and regulations which
may be adopted under the urban mass transportation act (78
Stat. 302 et seq., 49 U.S.C. 1601 et seq.) and to take all
actions necessary to meet the requirements of that act. Any
county in which a county transportation authority or public
transportation benefit area shall have been established and
any metropolitan municipal corporation which shall have
been authorized to perform the function of metropolitan public transportation shall have, in addition to such powers, the
authority to prepare, adopt and carry out a comprehensive
transit plan and to make such other plans and studies and to
perform such programs as the governing body of the county
authority public transportation benefit area authority or metropolitan municipal corporation shall deem necessary to
implement and comply with said federal act. [1975 1st ex.s.
c 270 § 8.]
Additional notes found at www.leg.wa.gov
35.58.2795
35.58.2795 Public transportation systems—Six-year
transit plans. By April 1st of each year, the legislative
authority of each municipality, as defined in RCW 35.58.272,
and each regional transit authority shall prepare a six-year
transit development plan for that calendar year and the ensuing five years. The program shall be consistent with the comprehensive plans adopted by counties, cities, and towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW, the inherent
authority of a first-class city or charter county derived from
its charter, or chapter 36.70A RCW. The program shall contain information as to how the municipality intends to meet
state and local long-range priorities for public transportation,
capital improvements, significant operating changes planned
for the system, and how the municipality intends to fund program needs. The six-year plan for each municipality and
regional transit authority shall specifically set forth those
projects of regional significance for inclusion in the transportation improvement program within that region. Each municipality and regional transit authority shall file the six-year
program with the state department of transportation, the
transportation improvement board, and cities, counties, and
regional planning councils within which the municipality is
located.
In developing its program, the municipality and the
regional transit authority shall consider those policy recommendations affecting public transportation contained in the
state transportation policy plan approved by the state transportation commission and, where appropriate, adopted by the
legislature. The municipality shall conduct one or more public hearings while developing its program and for each annual
update. [1994 c 158 § 6; 1990 1st ex.s. c 17 § 60; 1989 c 396
§ 1.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
35.58.280
35.58.2796 Public transportation systems—Annual
report by department. The department of transportation
shall develop an annual report summarizing the status of public transportation systems in the state. By September 1st of
each year, copies of the report shall be submitted to the transportation committees of the legislature and to each municipality, as defined in RCW 35.58.272, and to individual members of the municipality’s legislative authority.
To assist the department with preparation of the report,
each municipality shall file a system report by April 1st of
each year with the state department of transportation identifying its public transportation services for the previous calendar
year and its objectives for improving the efficiency and effectiveness of those services. The system report shall address
those items required for each public transportation system in
the department’s report.
The department report shall describe individual public
transportation systems, including contracted transportation
services and dial-a-ride services, and include a statewide
summary of public transportation issues and data. The
descriptions shall include the following elements and such
other elements as the department deems appropriate after
consultation with the municipalities and the transportation
committees of the legislature:
(1) Equipment and facilities, including vehicle replacement standards;
(2) Services and service standards;
(3) Revenues, expenses, and ending balances, by fund
source;
(4) Policy issues and system improvement objectives,
including community participation in development of those
objectives and how those objectives address statewide transportation priorities;
(5) Operating indicators applied to public transportation
services, revenues, and expenses. Operating indicators shall
include operating cost per passenger trip, operating cost per
revenue vehicle service hour, passenger trips per revenue service hour, passenger trips per vehicle service mile, vehicle
service hours per employee, and farebox revenue as a percent
of operating costs. [2005 c 319 § 101; 1989 c 396 § 2.]
35.58.2796
Findings—Intent—Part headings—Effective dates—2005 c 319:
See notes following RCW 43.17.020.
35.58.280 Powers relative to garbage disposal. If a
metropolitan municipal corporation shall be authorized to
perform the function of metropolitan garbage disposal, it
shall have the following powers in addition to the general
powers granted by this chapter:
(1) To prepare a comprehensive garbage disposal plan
for the metropolitan area.
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of metropolitan facilities for
garbage disposal within or without the metropolitan area,
including garbage disposal sites, central collection station
sites, structures, machinery and equipment for the operation
of central collection stations and for the hauling and disposal
of garbage by any means, together with all lands, property,
equipment and accessories necessary for such facilities. Garbage disposal facilities which are owned by a city or county
may be acquired or used by the metropolitan municipal cor35.58.280
[Title 35 RCW—page 215]
35.58.290
Title 35 RCW: Cities and Towns
poration only with the consent of the legislative body of the
city or county owning such facilities. Cities and counties are
hereby authorized to convey or lease such facilities to metropolitan municipal corporations or to contract for their joint
use on such terms as may be fixed by agreement between the
legislative body of such city or county and the metropolitan
council, without submitting the matter to the voters of such
city or county.
(3) To fix rates and charges for the use of metropolitan
garbage disposal facilities.
(4) With the consent of any component city, to acquire
by purchase, condemnation, gift or grant and to lease, construct, add to, improve, replace, repair, maintain, operate and
regulate the use of facilities for the local collection of garbage
within such city, and for such purpose to have all the powers
conferred by law upon such city with respect to such local
collection facilities. Nothing herein contained shall be
deemed to authorize the local collection of garbage except in
component cities. All costs of such local collection facilities
shall be paid for by the area served thereby. [1965 c 7 §
35.58.280. Prior: 1957 c 213 § 28.]
tion, the metropolitan park board shall exercise all powers of
the metropolitan municipal corporation with respect to metropolitan park and parkway facilities.
The metropolitan park board shall authorize expenditures for park and parkway purposes within the budget
adopted by the metropolitan council. Bonds of the metropolitan municipal corporation for park and parkway purposes
shall be issued by the metropolitan council as provided in this
chapter.
The metropolitan park board shall consist of five members appointed by the metropolitan council at least two of
whom shall be residents of the central city. The terms of first
appointees shall be for one, two, three, four and five years,
respectively. Thereafter members shall serve for a term of
four years. Compensation of park board members shall be
determined by the metropolitan council.
The requirement to create a metropolitan park board
shall not apply to a county that has assumed the rights, powers, functions, and obligations of the metropolitan municipal
corporation under chapter 36.56 RCW. [1993 c 240 § 7;
1965 c 7 § 35.58.300. Prior: 1957 c 213 § 30.]
35.58.290 Powers relative to parks and parkways. If
a metropolitan municipal corporation shall be authorized to
perform the function of metropolitan parks and parkways, it
shall have the following powers in addition to the general
powers granted by this chapter:
(1) To prepare a comprehensive plan of metropolitan
parks and parkways.
(2) To acquire by purchase, condemnation, gift or grant,
to lease, construct, add to, improve, develop, replace, repair,
maintain, operate and regulate the use of metropolitan parks
and parkways, together with all lands, rights-of-way, property, equipment and accessories necessary therefor. A park or
parkway shall be considered to be a metropolitan facility if
the metropolitan council shall by resolution find it to be of
use and benefit to all or a major portion of the residents of the
metropolitan area. Parks or parkways which are owned by a
component city or county may be acquired or used by the
metropolitan municipal corporation only with the consent of
the legislative body of such city or county. Cities and counties are hereby authorized to convey or lease such facilities to
metropolitan municipal corporations or to contract for their
joint use on such terms as may be fixed by agreement
between the legislative bodies of such city or county and the
metropolitan council, without submitting the matter to the
voters of such city or county. If parks or parkways which
have been acquired or used as metropolitan facilities shall no
longer be used for park purposes by the metropolitan municipal corporation, such facilities shall revert to the component
city or county which formerly owned them.
(3) To fix fees and charges for the use of metropolitan
park and parkway facilities. [1965 c 7 § 35.58.290. Prior:
1957 c 213 § 29.]
35.58.310 Powers relative to planning. If a metropolitan municipal corporation shall be authorized to perform the
function of metropolitan comprehensive planning, it shall
have the following powers in addition to the general powers
granted by this chapter:
(1) To prepare a recommended comprehensive land use
and capital facilities plan for the metropolitan area.
(2) To review proposed zoning ordinances and resolutions or comprehensive plans of component cities and counties and make recommendations thereon. Such proposed zoning ordinances and resolutions or comprehensive plans must
be submitted to the metropolitan council prior to adoption
and may not be adopted until reviewed and returned by the
metropolitan council. The metropolitan council shall cause
such ordinances, resolutions and plans to be reviewed by the
planning staff of the metropolitan municipal corporation and
return such ordinances, resolutions and plans, together with
their findings and recommendations thereon within sixty
days following their submission.
(3) To provide planning services for component cities
and counties upon request and upon payment therefor by the
cities or counties receiving such service. [1965 c 7 §
35.58.310. Prior: 1957 c 213 § 31.]
35.58.290
35.58.300 Metropolitan park board. If a metropolitan
municipal corporation shall be authorized to perform the
function of metropolitan parks and parkways, a metropolitan
park board shall be formed prior to the effective date of the
assumption of such function. Except as provided in this sec35.58.300
[Title 35 RCW—page 216]
35.58.310
35.58.320 Eminent domain. A metropolitan municipal
corporation shall have power to acquire by purchase and condemnation all lands and property rights, both within and
without the metropolitan area, which are necessary for its
purposes. Such right of eminent domain shall be exercised by
the metropolitan council in the same manner and by the same
procedure as is or may be provided by law for cities, except
insofar as such laws may be inconsistent with the provisions
of this chapter. [1993 c 240 § 8; 1965 c 7 § 35.58.320. Prior:
1957 c 213 § 32.]
35.58.320
Eminent domain by cities: Chapter 8.12 RCW.
35.58.330 Powers may be exercised with relation to
public rights-of-way without franchise—Conditions. A
35.58.330
(2010 Ed.)
Metropolitan Municipal Corporations
metropolitan municipal corporation shall have power to construct or maintain metropolitan facilities in, along, on, under,
over, or through public streets, bridges, viaducts, and other
public rights-of-way without first obtaining a franchise from
the county or city having jurisdiction over the same: PROVIDED, That such facilities shall be constructed and maintained in accordance with the ordinances and resolutions of
such city or county relating to construction, installation and
maintenance of similar facilities in such public properties.
[1965 c 7 § 35.58.330. Prior: 1957 c 213 § 33.]
35.58.340 Disposition of unneeded property. Except
as otherwise provided herein, a metropolitan municipal corporation may sell, or otherwise dispose of any real or personal property acquired in connection with any authorized
metropolitan function and which is no longer required for the
purposes of the metropolitan municipal corporation in the
same manner as provided for cities. When the metropolitan
council determines that a metropolitan facility or any part
thereof which has been acquired from a component city or
county without compensation is no longer required for metropolitan purposes, but is required as a local facility by the city
or county from which it was acquired, the metropolitan council shall by resolution transfer it to such city or county. [1993
c 240 § 9; 1965 c 7 § 35.58.340. Prior: 1957 c 213 § 34.]
35.58.340
35.58.350 Powers and functions of metropolitan
municipal corporation—Where vested—Powers of metropolitan council. All the powers and functions of a metropolitan municipal corporation shall be vested in the metropolitan council unless expressly vested in specific officers,
boards, or commissions by this chapter, or vested in the
county legislative authority of a county that has assumed the
rights, powers, functions, and obligations of a metropolitan
municipal corporation as provided in chapter 36.56 RCW.
Without limitation of the foregoing authority, or of other
powers given it by this chapter, the metropolitan council shall
have the following powers:
(1) To establish offices, departments, boards and commissions in addition to those provided by this chapter which
are necessary to carry out the purposes of the metropolitan
municipal corporation, and to prescribe the functions, powers
and duties thereof.
(2) To appoint or provide for the appointment of, and to
remove or to provide for the removal of, all officers and
employees of the metropolitan municipal corporation except
those whose appointment or removal is otherwise provided
by this chapter.
(3) To fix the salaries, wages and other compensation of
all officers and employees of the metropolitan municipal corporation unless the same shall be otherwise fixed in this chapter.
(4) To employ such engineering, legal, financial, or other
specialized personnel as may be necessary to accomplish the
purposes of the metropolitan municipal corporation. [1993 c
240 § 10; 1965 c 7 § 35.58.350. Prior: 1957 c 213 § 35.]
35.58.390
as shall be necessary or proper to enable it to carry out authorized metropolitan functions and may provide penalties for
the violation thereof. Actions to impose or enforce such penalties may be brought in the superior court of the state of
Washington in and for the central county. [1965 c 7 §
35.58.360. Prior: 1957 c 213 § 36.]
35.58.370
35.58.370 Merit system. The metropolitan council
shall establish and provide for the operation and maintenance
of a personnel merit system for the employment, classification, promotion, demotion, suspension, transfer, layoff and
discharge of its appointive officers and employees solely on
the basis of merit and fitness without regard to political influence or affiliation. The person appointed or body created for
the purpose of administering such personnel system shall
have power to make, amend and repeal rules and regulations
as are deemed necessary for such merit system. Such rules
and regulations shall provide:
(1) That the person to be discharged or demoted must be
presented with the reasons for such discharge or demotion
specifically stated; and
(2) That he or she shall be allowed a reasonable time in
which to reply thereto in writing and that he or she be given a
hearing thereon within a reasonable time. [2009 c 549 §
2107; 1965 c 7 § 35.58.370. Prior: 1957 c 213 § 37.]
35.58.350
35.58.360 Rules and regulations—Penalties—
Enforcement. A metropolitan municipal corporation shall
have power to adopt by resolution such rules and regulations
35.58.360
(2010 Ed.)
35.58.380
35.58.380 Retention of existing personnel. A metropolitan municipal corporation shall offer to employ every
person who on the date such corporation acquires a metropolitan facility is employed in the operation of such facility by a
component city or county or by a special district. [1965 c 7 §
35.58.380. Prior: 1957 c 213 § 38.]
Assumption of labor contracts upon acquisition of transportation system:
RCW 35.58.265.
35.58.390
35.58.390 Prior employees pension rights preserved.
Where a metropolitan municipal corporation employs a person employed immediately prior thereto by a component city
or county, or by a special district, such employee shall be
deemed to remain an employee of such city, county, or special district for the purposes of any pension plan of such city,
county, or special district, and shall continue to be entitled to
all rights and benefits thereunder as if he or she had remained
as an employee of the city, county, or special district, until the
metropolitan municipal corporation has provided a pension
plan and such employee has elected, in writing, to participate
therein.
Until such election, the metropolitan municipal corporation shall deduct from the remuneration of such employee the
amount which such employee is or may be required to pay in
accordance with the provisions of the plan of such city,
county, or special district and the metropolitan municipal corporation shall pay to the city, county, or special district any
amounts required to be paid under the provisions of such plan
by employer or employee. [2009 c 549 § 2108; 1965 c 7 §
35.58.390. Prior: 1957 c 213 § 39.]
Preservation of pension rights upon acquisition of transportation system:
RCW 35.58.265.
Public employment, civil service and pensions: Title 41 RCW.
[Title 35 RCW—page 217]
35.58.400
Title 35 RCW: Cities and Towns
35.58.400 Prior employees sick leave and vacation
rights preserved. Where a metropolitan municipal corporation employs a person employed immediately prior thereto by
a component city or county or by a special district, the
employee shall be deemed to remain an employee of such
city, county, or special district for the purposes of any sick
leave credit plan of the component city, county, or special
district until the metropolitan municipal corporation has
established a sick leave credit plan for its employees, whereupon the metropolitan municipal corporation shall place to
the credit of the employee the sick leave credits standing to
his or her credit in the plan of such city, county, or special
district.
Where a metropolitan municipal corporation employs a
person theretofore employed by a component city, county, or
by a special district, the metropolitan municipal corporation
shall, during the first year of his or her employment by the
metropolitan municipal corporation, provide for such
employee a vacation with pay equivalent to that which he or
she would have been entitled if he or she had remained in the
employment of the city, county, or special district. [2009 c
549 § 2109; 1965 c 7 § 35.58.400. Prior: 1957 c 213 § 40.]
35.58.400
Preservation of sick leave, vacation, and other benefits upon acquisition of
transportation system: RCW 35.58.265.
35.58.410 Budget—Expenditures—Revenue estimates—Requirements for a county assuming the powers
of a metropolitan municipal corporation. (1) On or before
the third Monday in June of each year, each metropolitan
municipal corporation shall adopt a budget for the following
calendar year. Such budget shall include a separate section
for each authorized metropolitan function. Expenditures shall
be segregated as to operation and maintenance expenses and
capital and betterment outlays. Administrative and other
expense general to the corporation shall be allocated between
the authorized metropolitan functions. The budget shall contain an estimate of all revenues to be collected during the following budget year, including any surplus funds remaining
unexpended from the preceding year. The metropolitan council shall not be required to confine capital or betterment
expenditures made from bond proceeds or emergency expenditures to items provided in the budget. The affirmative vote
of three-fourths of all members of the metropolitan council
shall be required to authorize emergency expenditures.
(2) Subsection (1) of this section shall not apply to a
county that has assumed the rights, powers, functions, and
obligations of a metropolitan municipal corporation under
chapter 36.56 RCW. This subsection (2) shall apply only to
each county that has assumed the rights, powers, functions,
and obligations of a metropolitan municipal corporation
under chapter 36.56 RCW.
Each county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall, on or before the third
Monday in June of each year, prepare an estimate of all revenues to be collected during the following calendar year,
including any surplus funds remaining unexpended from the
preceding year for each authorized metropolitan function.
By June 30 of each year, the county shall adopt the rate
for sewage disposal that will be charged to component cities
and water-sewer districts during the following budget year.
35.58.410
[Title 35 RCW—page 218]
As long as any general obligation indebtedness remains
outstanding that was issued by the metropolitan municipal
corporation prior to the assumption by the county, the county
shall continue to impose the taxes authorized by RCW
82.14.045 and *35.58.273(4) at the maximum rates and on all
of the taxable events authorized by law. If, despite the continued imposition of those taxes, the estimate of revenues made
on or before the third Monday in June shows that estimated
revenues will be insufficient to make all debt service payments falling due in the following calendar year on all general obligation indebtedness issued by the metropolitan
municipal corporation prior to the assumption by the county
of the rights, powers, functions, and obligations of the metropolitan municipal corporation, the remaining amount
required to make the debt service payments shall be designated as "supplemental income" and shall be obtained from
component cities and component counties as provided under
RCW 35.58.420.
The county shall prepare and adopt a budget each year in
accordance with applicable general law or county charter. If
supplemental income has been designated under this subsection, the supplemental income shall be reflected in the budget
that is adopted. If during the budget year the actual tax revenues from the taxes imposed under the authority of RCW
82.14.045 and *35.58.273(4) exceed the estimates upon
which the supplemental income was based, the difference
shall be refunded to the component cities and component
counties in proportion to their payments promptly after the
end of the budget year. A county that has assumed the rights,
powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW shall not be
required to confine capital or betterment expenditures for
authorized metropolitan functions from bond proceeds or
emergency expenditures to items provided in the budget.
[1999 c 153 § 36; 1998 c 321 § 26 (Referendum Bill No. 49,
approved November 3, 1998); 1993 c 240 § 11; 1965 c 7 §
35.58.410. Prior: 1957 c 213 § 41.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Additional notes found at www.leg.wa.gov
35.58.420 Supplemental income payments by component city and county. Each component city shall pay such
proportion of the supplemental income of the metropolitan
municipal corporation as the assessed valuation of property
within its limits bears to the total assessed valuation of taxable property within the metropolitan area. Each component
county shall pay such proportion of such supplemental
income as the assessed valuation of the property within the
unincorporated area of such county lying within the metropolitan area bears to the total assessed valuation of taxable
property within the metropolitan area. In making such determination, the metropolitan council shall use the last available
assessed valuations. The metropolitan council shall certify to
each component city and county, prior to the fourth Monday
in June of each year, the share of the supplemental income to
be paid by such component city or county for the next calendar year. The latter shall then include such amount in its budget for the ensuing calendar year, and during such year shall
pay to the metropolitan municipal corporation, in equal quar35.58.420
(2010 Ed.)
Metropolitan Municipal Corporations
terly installments, the amount of its supplemental income
share from whatever sources may be available to it. [1965 c
7 § 35.58.420. Prior: 1957 c 213 § 42.]
35.58.430
35.58.430 Funds—Disbursements—Treasurer—
Expenses—Election expenses. The treasurer of each component county shall create a separate fund into which shall be
paid all money collected from taxes levied by the metropolitan municipal corporation on property in such county and
such money shall be forwarded quarterly by the treasurer of
each such county to the treasurer of the central county as
directed by the metropolitan council. The treasurer of the
central county shall act as the treasurer of the metropolitan
municipal corporation and shall establish and maintain such
funds as may be authorized by the metropolitan council.
Money shall be disbursed from such funds upon warrants
drawn by the auditor of the central county as authorized by
the metropolitan council. The central county shall be reimbursed by the metropolitan municipal corporation for services rendered by the treasurer and auditor of the central
county in connection with the receipt and disbursement of
such funds. The expense of all special elections held pursuant
to this chapter shall be paid by the metropolitan municipal
corporation. [1965 c 7 § 35.58.430. Prior: 1957 c 213 § 43.]
35.58.450
35.58.450 General obligation bonds—Issuance, sale,
form, term, election, payment. Notwithstanding the limitations of chapter 39.36 RCW and any other statutory limitations otherwise applicable and limiting municipal debt, a
metropolitan municipal corporation shall have the power to
contract indebtedness and issue general obligation bonds and
to pledge the full faith and credit of the corporation to the
payment thereof, for any authorized capital purpose of the
metropolitan municipal corporation, not to exceed an
amount, together with any outstanding nonvoter approved
general indebtedness, equal to three-fourths of one percent of
the value of the taxable property within the metropolitan
municipal corporation, as the term "value of the taxable property" is defined in RCW 39.36.015. A metropolitan municipal corporation may additionally contract indebtedness and
issue general obligation bonds, for any authorized capital
purpose of a metropolitan municipal corporation, together
with any other outstanding general indebtedness, not to
exceed an amount equal to five percent of the value of the
taxable property within the corporation, as the term "value of
the taxable property" is defined in RCW 39.36.015, when a
proposition authorizing the indebtedness has been approved
by three-fifths of the persons voting on said proposition at
said election at which such election the total number of persons voting on such bond proposition shall constitute not less
than forty percent of the total number of voters voting within
the area of said metropolitan municipal corporation at the last
preceding state general election. Such general obligation
bonds may be authorized in any total amount in one or more
propositions and the amount of such authorization may
exceed the amount of bonds which could then lawfully be
issued. Such bonds may be issued in one or more series from
time to time out of such authorization. The elections shall be
held pursuant to RCW 39.36.050.
(2010 Ed.)
35.58.460
Whenever the voters of a metropolitan municipal corporation have, pursuant to RCW 84.52.056, approved excess
property tax levies to retire such bond issues, both the principal of and interest on such general obligation bonds may be
made payable from annual tax levies to be made upon all the
taxable property within the metropolitan municipal corporation in excess of the constitutional and/or statutory tax limit.
The principal of and interest on any general obligation bond
may be made payable from any other taxes or any special
assessments which the metropolitan municipal corporation
may be authorized to levy or from any otherwise unpledged
revenue which may be derived from the ownership or operation of properties or facilities incident to the performance of
the authorized function for which such bonds are issued or
may be made payable from any combination of the foregoing
sources. The metropolitan council may include in the principal amount of such bond issue an amount for engineering,
architectural, planning, financial, legal, urban design and
other services incident to acquisition or construction solely
for authorized capital purposes.
General obligation bonds shall be issued and sold by the
metropolitan council as provided in chapter 39.46 RCW and
shall mature in not to exceed forty years from the date of
issue. [1993 c 240 § 13; 1984 c 186 § 18; 1983 c 167 § 47;
1973 1st ex.s. c 195 § 24; 1971 ex.s. c 303 § 9; 1970 ex.s. c
56 § 38; 1970 ex.s. c 42 § 13; 1970 ex.s. c 11 § 1. Prior: 1969
ex.s. c 255 § 17; 1969 ex.s. c 232 § 16; 1967 c 105 § 13; 1965
c 7 § 35.58.450; prior: 1957 c 213 § 45.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
Additional notes found at www.leg.wa.gov
35.58.460 Revenue bonds—Issuance, sale, form,
term, payment, reserves, actions. (1) A metropolitan
municipal corporation may issue revenue bonds to provide
funds to carry out its authorized metropolitan water pollution
abatement, water supply, garbage disposal or transportation
purposes, without submitting the matter to the voters of the
metropolitan municipal corporation. The metropolitan council shall create a special fund or funds for the sole purpose of
paying the principal of and interest on the bonds of each such
issue, into which fund or funds the metropolitan council may
obligate the metropolitan municipal corporation to pay such
amounts of the gross revenue of the particular utility constructed, acquired, improved, added to, or repaired out of the
proceeds of sale of such bonds, as the metropolitan council
shall determine and may obligate the metropolitan municipal
corporation to pay such amounts out of otherwise unpledged
revenue which may be derived from the ownership, use or
operation of properties or facilities owned, used or operated
incident to the performance of the authorized function for
which such bonds are issued or out of otherwise unpledged
fees, tolls, charges, tariffs, fares, rentals, special taxes or
other sources of payment lawfully authorized for such purpose, as the metropolitan council shall determine. The principal of, and interest on, such bonds shall be payable only out
of such special fund or funds, and the owners of such bonds
shall have a lien and charge against the gross revenue of such
35.58.460
[Title 35 RCW—page 219]
35.58.470
Title 35 RCW: Cities and Towns
utility or any other revenue, fees, tolls, charges, tariffs, fares,
special taxes or other authorized sources pledged to the payment of such bonds.
Such revenue bonds and the interest thereon issued
against such fund or funds shall be a valid claim of the owners thereof only as against such fund or funds and the revenue
pledged therefor, and shall not constitute a general indebtedness of the metropolitan municipal corporation.
Each such revenue bond shall state upon its face that it is
payable from such special fund or funds, and all revenue
bonds issued under this chapter shall be negotiable securities
within the provisions of the law of this state. Such revenue
bonds may be registered either as to principal only or as to
principal and interest as provided in RCW 39.46.030, or may
be bearer bonds; shall be in such denominations as the metropolitan council shall deem proper; shall be payable at such
time or times and at such places as shall be determined by the
metropolitan council; shall bear interest at such rate or rates
as shall be determined by the metropolitan council; shall be
signed by the chair and attested by the secretary of the metropolitan council, any of which signatures may be facsimile
signatures, and the seal of the metropolitan municipal corporation shall be impressed or imprinted thereon; any attached
interest coupons shall be signed by the facsimile signatures of
said officials.
Such revenue bonds shall be sold in such manner, at such
price and at such rate or rates of interest as the metropolitan
council shall deem to be for the best interests of the metropolitan municipal corporation, either at public or private sale.
The metropolitan council may at the time of the issuance
of such revenue bonds make such covenants with the owners
of said bonds as it may deem necessary to secure and guarantee the payment of the principal thereof and the interest
thereon, including but not being limited to covenants to set
aside adequate reserves to secure or guarantee the payment of
such principal and interest, to maintain rates sufficient to pay
such principal and interest and to maintain adequate coverage
over debt service, to appoint a trustee or trustees for the bond
owners to safeguard the expenditure of the proceeds of sale of
such bonds and to fix the powers and duties of such trustee or
trustees and to make such other covenants as the metropolitan
council may deem necessary to accomplish the most advantageous sale of such bonds. The metropolitan council may also
provide that revenue bonds payable out of the same source
may later be issued on a parity with revenue bonds being
issued and sold.
The metropolitan council may include in the principal
amount of any such revenue bond issue an amount to establish necessary reserves, an amount for working capital and an
amount necessary for interest during the period of construction of any such metropolitan facilities plus six months. The
metropolitan council may, if it deems it to the best interest of
the metropolitan municipal corporation, provide in any contract for the construction or acquisition of any metropolitan
facilities or additions or improvements thereto or replacements or extensions thereof that payment therefor shall be
made only in such revenue bonds at the par value thereof.
If the metropolitan municipal corporation shall fail to
carry out or perform any of its obligations or covenants made
in the authorization, issuance and sale of such bonds, the
owner of any such bond may bring action against the metro[Title 35 RCW—page 220]
politan municipal corporation and compel the performance of
any or all of such covenants.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [2009 c 549 § 2110; 1993 c 240 § 14; 1983 c
167 § 48; 1974 ex.s. c 70 § 8; 1970 ex.s. c 56 § 39; 1970 ex.s.
c 11 § 2; 1969 ex.s. c 255 § 18; 1969 ex.s. c 232 § 17; 1967 c
105 § 14; 1965 c 7 § 35.58.460. Prior: 1957 c 213 § 46.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
Additional notes found at www.leg.wa.gov
35.58.470 Funding, refunding bonds. The metropolitan council may, by resolution, without submitting the matter
to the voters of the metropolitan municipal corporation, provide for the issuance of funding or refunding general obligation bonds to refund any outstanding general obligation
bonds or any part thereof at maturity, or before maturity if
they are by their terms or by other agreement subject to prior
redemption, with the right in the metropolitan council to
combine various series and issues of the outstanding bonds
by a single issue of funding or refunding bonds, and to issue
refunding bonds to pay any redemption premium payable on
the outstanding bonds being refunded. The funding or refunding general obligation bonds shall, except as specifically provided in this section, be issued in accordance with the provisions of this chapter with respect to general obligation bonds.
The metropolitan council may, by resolution, without
submitting the matter to the voters of the metropolitan municipal corporation, provide for the issuance of funding or
refunding revenue bonds to refund any outstanding revenue
bonds or any part thereof at maturity, or before maturity if
they are by their terms or by agreement subject to prior
redemption, with the right in the metropolitan council to
combine various series and issues of the outstanding bonds
by a single issue of refunding bonds, and to issue refunding
bonds to pay any redemption premium payable on the outstanding bonds being refunded. The funding or refunding
revenue bonds shall be payable only out of a special fund created out of the gross revenue of the particular utility, and shall
be a valid claim only as against such special fund and the
amount of the revenue of the utility pledged to the fund. The
funding or refunding revenue bonds shall, except as specifically provided in this section, be issued in accordance with
the provisions of this chapter with respect to revenue bonds.
The metropolitan council may exchange the funding or
refunding bonds at par for the bonds which are being funded
or refunded, or it may sell them in such manner, at such price
and at such rate or rates of interest as it deems for the best
interest of the metropolitan municipal corporation. [1970
ex.s. c 56 § 40; 1969 ex.s. c 232 § 18; 1965 c 7 § 35.58.470.
Prior: 1957 c 213 § 47.]
35.58.470
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
35.58.480 Borrowing money from component city or
county. A metropolitan municipal corporation shall have the
power when authorized by a majority of all members of the
35.58.480
(2010 Ed.)
Metropolitan Municipal Corporations
metropolitan council to borrow money from any component
city or county and such cities or counties are hereby authorized to make such loans or advances on such terms as may be
mutually agreed upon by the legislative bodies of the metropolitan municipal corporation and any such component city
or county to provide funds to carry out the purposes of the
metropolitan municipal corporation. [1965 c 7 § 35.58.480.
Prior: 1957 c 213 § 48.]
35.58.490 Interest bearing warrants. A metropolitan
council shall have the power to authorize the issuance of
interest bearing warrants on such terms and conditions as the
metropolitan council shall provide and to repay the interest
bearing warrants with any moneys legally authorized for such
purposes, including tax receipts where appropriate. [1993 c
240 § 15; 1965 c 7 § 35.58.490. Prior: 1957 c 213 § 49.]
35.58.490
35.58.500 Local improvement districts—Utility local
improvement districts. The metropolitan municipal corporation shall have the power to levy special assessments payable over a period of not exceeding twenty years on all property within the metropolitan area specially benefited by any
improvement, on the basis of special benefits conferred, to
pay in whole, or in part, the damages or costs of any such
improvement, and for such purpose may establish local
improvement districts and enlarged local improvement districts, issue local improvement warrants and bonds to be
repaid by the collection of local improvement assessments
and generally to exercise with respect to any improvements
which it may be authorized to construct or acquire the same
powers as may now or hereafter be conferred by law upon cities. Such local improvement districts shall be created and
such special assessments levied and collected and local
improvement warrants and bonds issued and sold in the same
manner as shall now or hereafter be provided by law for cities. The duties imposed upon the city treasurer under such
acts shall be imposed upon the treasurer of the county in
which such local improvement district shall be located.
A metropolitan municipal corporation may provide that
special benefit assessments levied in any local improvement
district may be paid into such revenue bond redemption fund
or funds as may be designated by the metropolitan council to
secure the payment of revenue bonds issued to provide funds
to pay the cost of improvements for which such assessments
were levied. If local improvement district assessments shall
be levied for payment into a revenue bond fund, the local
improvement district created therefor shall be designated a
utility local improvement district. A metropolitan municipal
corporation that creates a utility local improvement district
shall conform with the laws relating to utility local improvement districts created by a city. [1993 c 240 § 16; 1965 c 7 §
35.58.500. Prior: 1957 c 213 § 50.]
35.58.530
ment companies and other persons carrying on a banking or
investment business, all insurance companies, insurance
associations, and other persons carrying on an insurance business, and all executors, administrators, curators, trustees and
other fiduciaries, may legally invest any sinking funds, moneys, or other funds belonging to them or within their control
in any bonds or other obligations issued by a metropolitan
municipal corporation pursuant to this chapter. Such bonds
and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any
persons, political subdivisions and officers, public or private,
to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be
construed as relieving any person of any duty of exercising
reasonable care in selecting securities. [1965 c 7 § 35.58.510.
Prior: 1957 c 213 § 51.]
35.58.500
Local improvements, supplemental authority: Chapter 35.51 RCW.
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
35.58.510 Obligations of corporation are legal investments and security for public deposits. All banks, trust
companies, bankers, savings banks, and institutions, building
and loan associations, savings and loan associations, invest35.58.510
(2010 Ed.)
35.58.520
35.58.520 Investment of corporate funds. A metropolitan municipal corporation shall have the power to invest
its funds held in reserves or sinking funds or any such funds
which are not required for immediate disbursement, in any
investments in which a city is authorized to invest, as provided in RCW 35.39.030. [1993 c 240 § 17; 1965 c 7 §
35.58.520. Prior: 1957 c 213 § 52.]
35.58.530
35.58.530 Annexation—Requirements, procedure.
Territory located within a component county that is annexed
to a component city after the establishment of a metropolitan
municipal corporation shall by such act be annexed to the
metropolitan municipal corporation. Territory within a metropolitan municipal corporation may be annexed to a city
which is not within such metropolitan municipal corporation
in the manner provided by law and in such event either (1)
such city may be annexed to such metropolitan municipal
corporation by ordinance of the legislative body of the city
concurred in by resolution of the metropolitan council, or (2)
if such city shall not be so annexed such territory shall remain
within the metropolitan municipal corporation unless such
city shall by resolution of its legislative body request the
withdrawal of such territory subject to any outstanding
indebtedness of the metropolitan corporation and the metropolitan council shall by resolution consent to such withdrawal.
Any territory located within a component county that is
contiguous to a metropolitan municipal corporation and lying
wholly within an incorporated city or town may be annexed
to such metropolitan municipal corporation by ordinance of
the legislative body of such city or town requesting such
annexation concurred in by resolution of the metropolitan
council.
Any other territory located within a component county
that is adjacent to a metropolitan municipal corporation may
be annexed thereto by vote of the qualified electors residing
in the territory to be annexed, in the manner provided in this
chapter. An election to annex such territory may be called
pursuant to a petition or resolution in the following manner:
(1) A petition calling for such an election shall be signed
by at least four percent of the qualified voters residing within
[Title 35 RCW—page 221]
35.58.540
Title 35 RCW: Cities and Towns
the territory to be annexed and shall be filed with the auditor
of the central county.
(2) A resolution calling for such an election may be
adopted by the metropolitan council.
Any resolution or petition calling for such an election
shall describe the boundaries of the territory to be annexed,
and state that the annexation of such territory to the metropolitan municipal corporation will be conducive to the welfare
and benefit of the persons or property within the metropolitan
municipal corporation and within the territory proposed to be
annexed.
Upon receipt of such a petition, the auditor shall examine
the same and certify to the sufficiency of the signatures
thereon. Within thirty days following the receipt of such
petition, the auditor shall transmit the same to the metropolitan council, together with his or her certificate as to the sufficiency thereof. [2009 c 549 § 2111; 1993 c 240 § 18; 1969
ex.s. c 135 § 3; 1967 c 105 § 15; 1965 c 7 § 35.58.530. Prior:
1957 c 213 § 53.]
35.58.540 Annexation—Hearings—Inclusion, exclusion of territory—Boundaries—Calling election. Upon
receipt of a duly certified petition calling for an election on
the annexation of territory to a metropolitan municipal corporation, or if the metropolitan council shall determine without
a petition being filed, that an election on the annexation of
any adjacent territory shall be held, the metropolitan council
shall fix a date for a public hearing thereon which shall be not
more than sixty nor less than forty days following the receipt
of such petition or adoption of such resolution. Notice of such
hearing shall be published once a week for at least four consecutive weeks in one or more newspapers of general circulation within the territory proposed to be annexed. The notice
shall contain a description of the boundaries of the territory
proposed to be annexed and shall state the time and place of
the hearing thereon and the fact that any changes in the
boundaries of such territory will be considered at such time
and place. At such hearing or any continuation thereof, any
interested person may appear and be heard on all matters
relating to the proposed annexation. The metropolitan council may make such changes in the boundaries of the territory
proposed to be annexed as it shall deem reasonable and
proper, but may not delete any portion of the proposed area
which will create an island of included or excluded lands and
may not delete a portion of any city. If the metropolitan council shall determine that any additional territory should be
included in the territory to be annexed, a second hearing shall
be held and notice given in the same manner as for the original hearing. The metropolitan council may adjourn the hearing on the proposed annexation from time to time not exceeding thirty days in all. At the next regular meeting following
the conclusion of such hearing, the metropolitan council
shall, if it finds that the annexation of such territory will be
conducive to the welfare and benefit of the persons and property therein and the welfare and benefit of the persons and
property within the metropolitan municipal corporation,
adopt a resolution fixing the boundaries of the territory to be
annexed and causing to be called a special election on such
annexation to be held not more than one hundred twenty days
nor less than sixty days following the adoption of such resolution. [1965 c 7 § 35.58.540. Prior: 1957 c 213 § 54.]
35.58.550 Annexation—Election—Favorable vote.
An election on the annexation of territory to a metropolitan
municipal corporation shall be conducted and canvassed in
the same manner as provided for the conduct of an election
on the formation of a metropolitan municipal corporation
except that notice of such election shall be published in one
or more newspapers of general circulation in the territory proposed to be annexed and the ballot proposition shall be in
substantially the following form:
35.58.550
ANNEXATION TO (here insert name of
metropolitan municipal corporation).
"Shall the territory described in a resolution of the
metropolitan council of (here insert name of metropolitan municipal corporation) adopted on the
. . . . . . . . . ., 19. . ., be annexed to such incorporation?
YES . . . . . . . . . . . . . . . . . . . . . .
NO . . . . . . . . . . . . . . . . . . . . . . .
"
35.58.540
[Title 35 RCW—page 222]
If a majority of those voting on such proposition vote in favor
thereof, the territory shall thereupon be annexed to the metropolitan municipal corporation. [1965 c 7 § 35.58.550. Prior:
1957 c 213 § 55.]
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
35.58.560 Taxes—Counties or cities not to impose on
certain operations—Credits or offsets against state
taxes—Refund of motor vehicle fuel taxes paid. No
county or city shall have the right to impose a tax upon the
gross revenues derived by a metropolitan municipal corporation from the operation of a metropolitan sewage disposal,
water supply, garbage disposal or public transportation system.
A metropolitan municipal corporation may credit or offset against the amount of any tax which is levied by the state
during any calendar year upon the gross revenues derived by
such metropolitan municipal corporation from the performance of any authorized function, the amount of any expenditures made from such gross revenues by such metropolitan
municipal corporation during the same calendar year or any
year prior to May 21, 1971 in planning for or performing the
function of metropolitan public transportation and including
interest on any moneys advanced for such purpose from other
funds and to the extent of such credit a metropolitan municipal corporation may expend such revenues for such purposes.
A metropolitan municipal corporation authorized to perform the function of metropolitan public transportation and
engaged in the operation of an urban passenger transportation
system shall receive a refund of the amount of the motor
vehicle fuel tax levied by the state and paid on each gallon of
motor vehicle fuel used, whether such vehicle fuel tax has
been paid either directly to the vendor from whom the motor
vehicle fuel was purchased or indirectly by adding the
amount of such tax to the price of such fuel: PROVIDED,
That no refunds authorized by this section shall be granted on
fuel used by any urban transportation vehicle on any trip
where any portion of said trip is more than six road miles
beyond the corporate limits of the metropolitan municipal
35.58.560
(2010 Ed.)
Metropolitan Municipal Corporations
corporation in which said trip originated. [1971 ex.s. c 303 §
10; 1967 c 105 § 16.]
35.58.570 Sewage facilities—Capacity charge. (1) A
metropolitan municipal corporation that is engaged in the
transmission, treatment, and disposal of sewage may impose
a capacity charge on users of the metropolitan municipal corporation’s sewage facilities when the user connects, reconnects, or establishes a new service to sewer facilities of a city,
county, or special district that discharges into the metropolitan facilities. The capacity charge shall be based upon the
cost of the sewage facilities’ excess capacity that is necessary
to provide sewerage treatment for new users to the system.
(2) The capacity charge is a monthly charge reviewed
and approved annually by the metropolitan council. A metropolitan municipal corporation may charge property owners
seeking to connect to the sewage facilities of the metropolitan
municipal corporation as a condition to granting the right to
so connect, in addition to the cost of such connection, such
reasonable capacity charge as the legislative body of the metropolitan municipal corporation shall determine proper in
order that such property owners shall bear their equitable
share of the cost of such system. The equitable share may
include interest charges applied from the date of construction
of the sewage facilities until the connection, or for a period
not to exceed ten years, at a rate commensurate with the rate
of interest applicable to the metropolitan municipal corporation at the time of construction or major rehabilitation of the
sewage facilities, or at the time of installation of the sewer
lines to which the property owner is seeking to connect but
not to exceed ten percent per year: PROVIDED, That the
aggregate amount of interest shall not exceed the equitable
share of the cost of the sewage facilities allocated to such
property owners. Capacity charges collected shall be considered revenue of the sewage facilities.
(3) The council of the metropolitan municipal corporation shall enforce the collection of the capacity charge in the
same manner provided for the collection, enforcement, and
payment of rates and charges for water-sewer districts provided in RCW 57.08.081. At least thirty days before commencement of an action to foreclose a lien for a capacity
charge, the metropolitan municipal corporation shall send
written notice of delinquency in payment of the capacity
charge to any first mortgage or deed of trust holder of record
at the address of record. [2000 c 161 § 1; 1996 c 230 § 1602;
1989 c 389 § 1.]
35.58.570
Additional notes found at www.leg.wa.gov
35.58.580 Public transportation fares—Proof of payment—Civil infractions. (1) Persons traveling on public
transportation operated by a metropolitan municipal corporation or a city-owned transit system shall pay the fare established by the metropolitan municipal corporation or the cityowned transit system. Such persons shall produce proof of
payment when requested by a person designated to monitor
fare payment.
(2) The following constitute civil infractions punishable
according to the schedule of fines and penalties established
by a metropolitan municipal corporation or a city-owned
transit system under RCW 35.58.585:
35.58.580
(2010 Ed.)
35.58.595
(a) Failure to pay the required fare;
(b) Failure to display proof of payment when requested
to do so by a person designated to monitor fare payment; and
(c) Failure to depart the bus or other mode of public
transportation when requested to do so by a person designated to monitor fare payment. [2008 c 123 § 1.]
35.58.585 Public transportation fares—Schedule of
fines and penalties—Who may monitor fare payment—
Administration of citations. (1) Both a metropolitan municipal corporation and a city-owned transit system may establish, by resolution, a schedule of fines and penalties for civil
infractions established in RCW 35.58.580. Fines established
shall not exceed those imposed for class 1 infractions under
RCW 7.80.120.
(2)(a) Both a metropolitan municipal corporation and a
city-owned transit system may designate persons to monitor
fare payment who are equivalent to, and are authorized to
exercise all the powers of, an enforcement officer as defined
in RCW 7.80.040. Both a metropolitan municipal corporation and a city-owned transit system may employ personnel
to either monitor fare payment or contract for such services,
or both.
(b) In addition to the specific powers granted to enforcement officers under RCW 7.80.050 and 7.80.060, persons
designated to monitor fare payment may also take the following actions:
(i) Request proof of payment from passengers;
(ii) Request personal identification from a passenger
who does not produce proof of payment when requested;
(iii) Issue a citation conforming to the requirements
established in RCW 7.80.070; and
(iv) Request that a passenger leave the bus or other mode
of public transportation when the passenger has not produced
proof of payment after being asked to do so by a person designated to monitor fare payment.
(3) Both a metropolitan municipal corporation and a
city-owned transit system shall keep records of citations in
the manner prescribed by RCW 7.80.150. All civil infractions established by this section and RCW 35.58.580 and
35.58.590 shall be heard and determined by a district court as
provided in RCW 7.80.010 (1) and (4). [2008 c 123 § 2.]
35.58.585
35.58.590 Public transportation fares—Powers of
law enforcement authorities. RCW 35.58.580 and
35.58.585 do not prevent law enforcement authorities from
prosecuting for theft, trespass, or other charges by any individual who:
(1) Fails to pay the required fare on more than one occasion within a twelve-month period;
(2) Fails to timely select one of the options for responding to the notice of civil infraction after receiving a statement
of the options for responding to the notice of infraction and
the procedures necessary to exercise these options; or
(3) Fails to depart the bus or other mode of public transportation when requested to do so by a person designated to
monitor fare payment. [2008 c 123 § 3.]
35.58.590
35.58.595 Public transportation fares—Powers and
authority are supplemental to other laws. The powers and
35.58.595
[Title 35 RCW—page 223]
35.58.600
Title 35 RCW: Cities and Towns
authority conferred by RCW 35.58.580 through 35.58.590
shall be construed as in addition and supplemental to powers
or authority conferred by any other law, and nothing contained therein shall be construed as limiting any other powers
or authority of any public agency. [2008 c 123 § 4.]
35.58.600 Collaboration with local coordinating coalitions to advance transportation services for persons with
special transportation needs. A municipality, as defined in
RCW 35.58.272, and each regional transit authority shall
work collaboratively with the appropriate local coordinating
coalition or coalitions as described under RCW 47.06B.070
to advance the coordination of and maximize efficiencies in
transportation services provided to persons with special
transportation needs as defined in RCW 47.06B.012. [2009 c
515 § 13.]
35.58.600
act, or the application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 303 § 11.]
35.58.931 Severability—1974 ex.s. c 70. If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 70 § 9.]
35.58.931
Chapter 35.59 RCW
MULTI-PURPOSE COMMUNITY CENTERS
Chapter 35.59
Sections
35.59.010
35.59.020
35.59.030
Definitions.
Legislative finding—Purposes for which authority granted
may be exercised.
Acquisition, construction, operation, etc., of community centers authorized.
Conveyance or lease of lands or facilities to other municipality
for community center development—Participation in financing.
Powers of condemnation.
Appropriation and expenditure of public moneys, issuance of
general obligation bonds authorized—Procedure.
Revenue bonds.
Lease or contract for use or operation of facilities.
Counties authorized to establish community centers.
Prior proceedings validated and ratified.
Powers and authority conferred deemed additional and supplemental.
Severability—1967 c 110.
35.58.610 Supplemental transportation improvements. If the legislative authority of a city provides or contracts for supplemental transportation improvements, as
described in RCW 35.21.925 or under chapter 36.73 RCW, a
metropolitan municipal corporation serving the city or border
jurisdictions shall coordinate its services with the supplemental transportation improvements to maximize efficiencies in
public transportation services within and across service
boundaries. [2010 c 251 § 4.]
35.59.040
35.58.900 Liberal construction. The rule of strict construction shall have no application to this chapter, but the
same shall be liberally construed in all respects in order to
carry out the purposes and objects for which this chapter is
intended. [1965 c 7 § 35.58.900. Prior: 1957 c 213 § 56.]
35.59.010 Definitions. "Municipality" as used in this
chapter means any county, city or town of the state of Washington.
"Government agency" as used in this chapter means the
federal government or any agency thereof, or the state or any
agency, subdivision, taxing district or municipal corporation
thereof other than a county, city or town.
"Person" as used in this chapter means any private corporation, partnership, association or individual.
"Multi-purpose community center" as used in this chapter means the lands, interests in lands, property, property
rights, equipment, buildings, structures and other improvements developed as an integrated, multi-purpose, public
facility on a single site or immediately adjacent sites for the
housing and furnishing of any combination of the following
community or public services or facilities: Administrative,
legislative or judicial offices and chambers of any municipality, public health facilities, public safety facilities including
without limitation, adult and juvenile detention facilities, fire
and police stations, public halls, auditoria, libraries and
museums, public facilities for the teaching, practice or exhibition of arts and crafts, educational facilities, playfields,
playgrounds, parks, indoor and outdoor sports and recreation
facilities. The term multi-purpose community center shall
also mean and include walks, ramps, bridges, terminal and
parking facilities for private vehicles and public transportation vehicles and systems, utilities, accessories, landscaping,
and appurtenances incident to and necessary for such centers.
[1967 c 110 § 1.]
35.58.610
35.58.900
35.58.911 Prior proceedings validated, ratified,
approved and confirmed. All proceedings which have been
taken prior to the date *this 1967 amendatory act takes effect
for the purpose of financing or aiding in the financing of any
work, undertaking or project by any metropolitan municipal
corporation, including all proceedings for the authorization
and issuance of bonds and for the sale, execution, and delivery thereof, are hereby validated, ratified, approved, and confirmed, notwithstanding any lack of power (other than constitutional) of such metropolitan municipal corporation or the
governing body or officers thereof, to authorize and issue
such bonds, or to sell, execute, or deliver the same and notwithstanding any defects or irregularities (other than constitutional) in such proceedings. [1967 c 105 § 17.]
35.58.911
*Reviser’s note: The effective date of "this 1967 amendatory act"
[1967 c 105] is March 21, 1967; see preface to 1967 session laws. For codification of 1967 c 105, see Codification Tables, Volume 0.
35.58.920 Severability—1967 c 105. If any provision
of this 1967 amendatory act, or its application to any person
or circumstance is held invalid, the remainder of this 1967
amendatory act, or the application of the provision to other
persons or circumstances is not affected. [1967 c 105 § 18.]
35.58.920
35.59.050
35.59.060
35.59.070
35.59.080
35.59.090
35.59.100
35.59.110
35.59.900
35.59.010
Additional notes found at www.leg.wa.gov
35.58.930 Severability—1971 ex.s. c 303. If any provision of this 1971 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
35.58.930
[Title 35 RCW—page 224]
35.59.020 Legislative finding—Purposes for which
authority granted may be exercised. The legislature finds
35.59.020
(2010 Ed.)
Multi-Purpose Community Centers
that in many areas of the state local services and facilities can
be more effectively and economically provided by combining
two or more services and/or facilities in a single multi-purpose community center or a system of such centers. Any
municipality shall have and exercise the authority and powers
granted by this chapter whenever it appears to the legislative
body of such municipality that the acquisition, construction,
development and operation of a multi-purpose community
center or a system of such centers will accomplish one or
more of the following: Reduce costs of land acquisition, construction, maintenance or operation for affected public services or facilities; avoid duplication of structures, facilities or
personnel; improve communication and coordination
between departments of a municipality or governmental
agency or between municipalities and governmental agencies; make local public services or facilities more convenient
or useful to the residents and citizens of such municipality.
[1967 c 110 § 2.]
35.59.030 Acquisition, construction, operation, etc.,
of community centers authorized. Any municipality is
authorized either individually or jointly with any other
municipality or municipalities or any governmental agency
or agencies, or any combination thereof, to acquire by purchase, condemnation, gift or grant, to lease as lessee, and to
construct, install, add to, improve, replace, repair, maintain,
operate and regulate the use of multi-purpose community
centers located within such municipality, and to pay for any
investigations and any engineering, planning, financial, legal
and professional services incident to the development and
operation of such multi-purpose community centers. [1967 c
110 § 3.]
35.59.030
35.59.040 Conveyance or lease of lands or facilities to
other municipality for community center development—
Participation in financing. Any municipality, and any
agency, subdivision, taxing district or municipal corporation
of the state is authorized to convey or lease any lands, properties or facilities to any other municipality for the development by such other municipality of a multi-purpose community center or a system of such centers or to provide for the
joint use of such lands, properties or facilities or any other
facilities of a multi-purpose community center, and is authorized to participate in the financing of all or any part of such
multi-purpose community center or system of such centers on
such terms as may be fixed by agreement between the respective legislative bodies without submitting the matter to a vote
of the electors thereof, unless the provisions of the Constitution or laws of this state applicable to the incurring of indebtedness shall require such submission. [1967 c 110 § 4.]
35.59.040
Joint operations by municipal corporations, deposit and control of funds:
RCW 43.09.285.
35.59.080
this chapter. Such right of eminent domain shall be exercised
by the legislative body of each such municipality in the manner provided by applicable general law. [1967 c 110 § 5.]
35.59.060 Appropriation and expenditure of public
moneys, issuance of general obligation bonds authorized—Procedure. To carry out the purposes of this chapter
any municipality shall have the power to appropriate and/or
expend any public moneys available therefor and to issue
general obligation bonds within the limitations now or hereafter prescribed by the Constitution and laws of this state.
Such general obligation bonds shall be issued and sold as provided in chapter 39.46 RCW. If the governing body of any
municipality shall submit a proposition for the approval of
general obligation bonds at any general or special election
and shall declare in the ordinance or resolution setting forth
such proposition that its purpose is the creation of a single
integrated multi-purpose community center or a citywide or
countywide system of such centers, all pursuant to this chapter, and that the creation of such center or system of centers
constitutes a single purpose, such declaration shall be presumed to be correct and, upon the issuance of the bonds, such
presumption shall become conclusive. Any such election
shall be held pursuant to RCW 39.36.050. [1984 c 186 § 19;
1983 c 167 § 49; 1967 c 110 § 6.]
35.59.060
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
35.59.070 Revenue bonds. (1) To carry out the purposes authorized by this chapter the legislative body of any
municipality shall have the power to issue revenue bonds,
and to create a special fund or funds for the sole purpose of
paying the principal of and interest on such bonds into which
fund or funds the legislative body may obligate the municipality to pay all or part of the revenues derived from any one
or more facilities or properties which will form part of the
multi-purpose community center. The provisions of chapter
35.41 RCW not inconsistent with this chapter shall apply to
the issuance and retirement of any revenue bonds issued for
the purposes authorized in this chapter and for such purposes
any municipality shall have and may exercise the powers,
duties, and functions incident thereto held by cities and towns
under such chapter 35.41 RCW. Such bonds may be in any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030. The legislative body of any municipality
may fix the denominations of such bonds in any amount and
the manner of executing such bonds, and may take such
action as may be necessary and incidental to the issuance of
such bonds and the retirement thereof.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 50; 1967 c 110 § 7.]
35.59.070
Additional notes found at www.leg.wa.gov
35.59.050 Powers of condemnation. The accomplishment of the objectives authorized by this chapter is declared
to be a strictly public purpose of the municipality or municipalities authorized to perform the same. Any such municipality shall have the power to acquire by condemnation and purchase any lands and property rights within its boundaries
which are necessary to carry out the purposes authorized by
35.59.050
(2010 Ed.)
35.59.080 Lease or contract for use or operation of
facilities. The legislative body of any municipality owning
or operating a multi-purpose community center acquired or
developed pursuant to this chapter shall have power to lease
to any municipality, governmental agency or person, or to
contract for the use or operation by any municipality, govern35.59.080
[Title 35 RCW—page 225]
35.59.090
Title 35 RCW: Cities and Towns
mental agency or person, of all or any part of the multi-purpose community center facilities authorized by this chapter,
for such period and under such terms and conditions and
upon such rentals, fees and charges as such legislative body
may determine, and may pledge all or any portion of such
rentals, fees and charges and any other revenue derived from
the ownership and/or operation of any facilities of a multipurpose community center to pay and to secure the payment
of general obligation bonds and/or revenue bonds of such
municipality issued for multi-purpose community center purposes. [1967 c 110 § 8.]
35.60.060
35.60.070
Cooperation between municipalities—Use of facilities after
conclusion of fair or exposition—Intergovernmental disposition of property.
Chapter supplemental to other laws.
35.60.010 "Municipality" defined. "Municipality" as
used in this chapter, means any political subdivision or
municipal corporation of the state. [1965 c 7 § 35.60.010.
Prior: 1961 c 149 § 1; prior: 1961 c 39 § 1.]
35.60.010
State participation in world fair and state international trade fairs: RCW
43.31.800 through 43.31.850.
35.60.020 Participation, exercise of powers declared
public purpose and necessity. The participation of any
municipality in any world fair or exposition, whether held
within the boundaries of such municipality or within the
boundaries of another municipality; the purchase, lease, or
other acquisition of necessary lands therefor; the acquisition,
lease, construction, improvements, maintenance, and equipping of buildings or other structures upon such lands or other
lands; the operation and maintenance necessary for such participation, and the exercise of any other powers herein
granted to such municipalities, are hereby declared to be public, governmental, county and municipal functions, exercised
for a public purpose, and matters of public necessity, and
such lands and other property acquired, constructed,
improved, maintained, equipped, used, and disposed of by
such municipalities in the manner and for the purposes enumerated in this chapter shall and are hereby declared to be
acquired, constructed, improved, maintained, equipped, used,
and disposed of for public, governmental, county, and municipal purposes and as a matter of public necessity. [1965 c 7 §
35.60.020. Prior: 1961 c 149 § 2; prior: 1961 c 39 § 2.]
35.60.020
35.59.090 Counties authorized to establish community centers. Counties may establish multi-purpose community centers, pursuant to this chapter, in unincorporated areas
and/or within cities or towns: PROVIDED, That no such
center shall be located in any city or town without the prior
consent of the legislative body of such city or town. [1967 c
110 § 9.]
35.59.090
35.59.100 Prior proceedings validated and ratified.
All proceedings which have been taken prior to the date this
chapter takes effect for the purpose of financing or aiding in
the financing of any work, undertaking or project authorized
in this chapter by any municipality, including all proceedings
for the authorization and issuance of bonds and for the sale,
execution and delivery thereof, are hereby validated, ratified,
approved and confirmed, notwithstanding any lack of power
(other than constitutional) of such municipality or the legislative body or officers thereof to authorize and issue such
bonds, or to sell, execute, or deliver the same and notwithstanding any defects or irregularities (other than constitutional) in such proceedings. [1967 c 110 § 10.]
35.59.100
35.60.030 Participation authorized—Powers—Costs.
Municipalities are authorized to participate in any world fair
or exposition to be held within the state by the state or any
political subdivision or municipal corporation thereof,
whether held within the boundaries of such municipality or
within the boundaries of another municipality. Any municipality so participating is authorized, through its governing
authorities, to purchase, lease, or otherwise acquire property,
real or personal; to construct, improve, maintain and equip
buildings or other structures; and expend moneys for investigations, planning, operations, and maintenance necessary for
such participation.
The cost of any such acquisition, construction, improvement, maintenance, equipping, investigations, planning,
operation, or maintenance necessary for such participation
may be paid for by appropriation of moneys available therefor, gifts, or wholly or partly from the proceeds of bonds of
the municipality, as the governing authority of the municipality may determine. [1965 c 7 § 35.60.030. Prior: 1961 c 149
§ 3; prior: 1961 c 39 § 3.]
35.60.030
35.59.110 Powers and authority conferred deemed
additional and supplemental. The powers and authority
conferred upon municipalities under the provisions of this
chapter, shall be construed as in addition and supplemental to
powers or authority conferred by any other law, and nothing
contained herein shall be construed as limiting any other
powers or authority of such municipalities. [1967 c 110 §
11.]
35.59.110
35.59.900 Severability—1967 c 110. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1967 c 110 § 12.]
35.59.900
Chapter 35.60
Chapter 35.60 RCW
WORLD FAIRS OR EXPOSITIONS—
PARTICIPATION BY MUNICIPALITIES
Sections
35.60.010
35.60.020
35.60.030
35.60.040
35.60.050
35.60.040 Bonds—Laws applicable to authorization
and issuance. Any bonds to be issued by any municipality
pursuant to the provisions of RCW 35.60.030, shall be authorized and issued in the manner and within the limitations prescribed by the Constitution and laws of this state or charter of
the municipality for the issuance and authorization of bonds
35.60.040
"Municipality" defined.
Participation, exercise of powers declared public purpose and
necessity.
Participation authorized—Powers—Costs.
Bonds—Laws applicable to authorization and issuance.
Authorization to appropriate funds and levy taxes.
[Title 35 RCW—page 226]
(2010 Ed.)
Metropolitan Park Districts
thereof for public purposes generally and secured by a general tax levy as provided by law. Such bonds shall be issued
and sold in accordance with chapter 39.46 RCW. [1984 c
186 § 20; 1983 c 167 § 51; 1965 c 7 § 35.60.040. Prior: 1961
c 149 § 4; prior: 1961 c 39 § 4.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
35.60.050 Authorization to appropriate funds and
levy taxes. The governing bodies having power to appropriate moneys within such municipalities for the purpose of purchasing, leasing or otherwise acquiring property, constructing, improving, maintaining, and equipping buildings or
other structures, and the investigations, planning, operation
or maintenance necessary to participation in any such world
fair or exposition, are hereby authorized to appropriate and
cause to be raised by taxation or otherwise in such municipalities, moneys sufficient to carry out such purpose. [1965 c 7
§ 35.60.050. Prior: 1961 c 149 § 5; prior: 1961 c 39 § 5.]
35.60.050
35.60.060 Cooperation between municipalities—Use
of facilities after conclusion of fair or exposition—Intergovernmental disposition of property. In any case where
the participation of a municipality includes the construction
of buildings or other structures on lands of another municipality, the governing authorities constructing such buildings
or structures shall endeavor to cooperate with such other
municipality for the construction and maintenance of such
buildings or structures to a standard of health and safety common in the county where the world fair or exposition is being
or will be held; and shall cooperate with such other municipality in any comprehensive plans it may promulgate for the
general construction and maintenance of said world fair or
exposition and utilization of the grounds and buildings or
structures after the conclusion of such world fair or exposition to the end that a reasonable, economic use of said buildings or structures shall be returned for the life of said buildings or structures.
The governing authorities of any municipality are hereby
authorized and empowered to sell, exchange, transfer, lease
or otherwise dispose of any property, real or personal,
acquired or constructed for the purpose of participation in
such fair or exposition, in accordance with the provisions of
RCW 39.33.010. [1965 c 7 § 35.60.060. Prior: 1961 c 149 §
6; prior: 1961 c 39 § 6.]
35.60.060
35.60.070 Chapter supplemental to other laws. The
powers and authority conferred upon municipalities under the
provisions of this chapter, shall be construed as in addition
and supplemental to powers or authority conferred by any
other law, and nothing contained herein shall be construed as
limiting any other powers or authority of such municipalities.
[1965 c 7 § 35.60.070. Prior: 1961 c 149 § 7; prior: 1961 c
39 § 7.]
35.60.070
Chapter 35.61
Chapter 35.61 RCW
METROPOLITAN PARK DISTRICTS
Sections
35.61.001
(2010 Ed.)
Actions subject to review by boundary review board.
35.61.010
35.61.020
35.61.030
35.61.040
35.61.050
35.61.090
35.61.100
35.61.110
35.61.115
35.61.120
35.61.130
35.61.132
35.61.133
35.61.135
35.61.137
35.61.140
35.61.150
35.61.180
35.61.190
35.61.200
35.61.210
35.61.220
35.61.230
35.61.240
35.61.250
35.61.260
35.61.270
35.61.275
35.61.280
35.61.290
35.61.300
35.61.310
35.61.315
35.61.350
35.61.360
35.61.370
35.61.380
35.61.001
Creation—Territory included.
Election—Resolution or petition—Area.
Election—Review by boundary review board—Question
stated.
Election—Creation of district.
Composition of board—Election of commissioners—Terms—
Vacancies.
Elections—Laws governing.
Indebtedness limit—Without popular vote.
Indebtedness limit—With popular vote.
Revenue bonds.
Park commissioners as officers of district—Organization.
Eminent domain—Park commissioners’ authority, generally—Prospective staff screening.
Disposition of surplus property.
Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
Contracts—Competitive bidding—Small works roster—
Exemption.
Community revitalization financing—Public improvements.
Park commissioners—Civil service for employees.
Park commissioners—Compensation.
Designation of district treasurer.
Park district bonds—Retirement.
Park district bonds—Payment of interest.
Park district tax levy—Metropolitan park district fund.
Petition for improvements on assessment plan.
Objections—Appeal.
Assessment lien—Collection.
Territorial annexation—Authority—Petition.
Territorial annexation—Hearing on petition.
Territorial annexation—Election—Method.
Territorial annexation—Park district containing city with population over one hundred thousand—Assumption of indebtedness.
Territorial annexation—Election—Result.
Transfer of property by city, county, or other municipal corporation—Emergency grant, loan, of funds by city.
Transfer of property by city, county, or other municipal corporation—Assumption of indebtedness—Issuance of refunding
bonds.
Dissolution.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
Moorage facilities—Regulations authorized—Port charges,
delinquency—Abandoned vessels, public sale.
Withdrawal or reannexation of areas.
Park district containing city with population over one hundred
thousand—May commission police officers.
Community athletics programs—Sex discrimination prohibited.
Acquisition of
land for and operation of public parks, beaches or camps: RCW
67.20.010.
real or personal property for park purposes, conditional sales contracts:
RCW 39.30.010.
Appeal of assessments and reassessments: RCW 35.44.200 through
35.44.270.
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Metropolitan park district property subject to assessment: RCW 35.44.170.
Park and recreation districts: Chapter 36.69 RCW.
Public bonds, form, terms of sale, payment, etc.: Chapter 39.44 RCW.
Shorelands, parks or playgrounds, application, grant or exchange: RCW
79.125.710, 79.125.720.
35.61.001 Actions subject to review by boundary
review board. The creation of a metropolitan park district,
and an annexation by, or dissolution or disincorporation of, a
metropolitan park district may be subject to potential review
35.61.001
[Title 35 RCW—page 227]
35.61.010
Title 35 RCW: Cities and Towns
by a boundary review board under chapter 36.93 RCW.
[1989 c 84 § 31.]
35.61.010 Creation—Territory included. A metropolitan park district may be created for the management, control, improvement, maintenance, and acquisition of parks,
parkways, boulevards, and recreational facilities. A metropolitan park district may include territory located in portions
or all of one or more cities or counties, or one or more cities
and counties, when created or enlarged as provided in this
chapter. [2002 c 88 § 1; 1994 c 81 § 60; 1985 c 416 § 1; 1965
c 7 § 35.61.010. Prior: 1959 c 45 § 1; 1943 c 264 § 1; Rem.
Supp. 1943 § 6741-1; prior: 1907 c 98 § 1; RRS § 6720.]
35.61.010
Additional notes found at www.leg.wa.gov
35.61.020 Election—Resolution or petition—Area.
(1) When proposed by citizen petition or by local government
resolution as provided in this section, a ballot proposition
authorizing the creation of a metropolitan park district shall
be submitted by resolution to the voters of the area proposed
to be included in the district at any general election, or at any
special election which may be called for that purpose.
(2) The ballot proposition shall be submitted if the governing body of each city in which all or a portion of the proposed district is located, and the legislative authority of each
county in which all or a portion of the proposed district is
located within the unincorporated portion of the county, each
adopts a resolution submitting the proposition to create a
metropolitan park district.
(3) As an alternative to the method provided under subsection (2) of this section, the ballot proposition shall be submitted if a petition proposing creation of a metropolitan park
district is submitted to the county auditor of each county in
which all or a portion of the proposed district is located that
is signed by at least fifteen percent of the registered voters
residing in the area to be included within the proposed district. Where the petition is for creation of a district in more
than one county, the petition shall be filed with the county
auditor of the county having the greater area of the proposed
district, and a copy filed with each other county auditor of the
other counties covering the proposed district.
Territory by virtue of its annexation to any city whose
territory lies entirely within a park district shall be deemed to
be within the limits of the metropolitan park district. Such an
extension of a park district’s boundaries shall not be subject
to review by a boundary review board independent of the
board’s review of the city annexation of territory. [2002 c 88
§ 2; 1965 c 7 § 35.61.020. Prior: 1943 c 264 § 2, part; Rem.
Supp. 1943 § 6741-2, part; prior: 1909 c 131 § 1; 1907 c 98
§ 2, part; RRS § 6721, part.]
35.61.020
35.61.030 Election—Review by boundary review
board—Question stated. (1) Except as provided in subsection (2) of this section for review by a boundary review
board, the ballot proposition authorizing creation of a metropolitan park district that is submitted to voters for their
approval or rejection shall appear on the ballot of the next
general election or at the next special election date specified
under *RCW 29.13.020 occurring sixty or more days after
the last resolution proposing the creation of the park district
35.61.030
[Title 35 RCW—page 228]
is adopted or the date the county auditor certifies that the petition proposing the creation of the park district contains sufficient valid signatures. Where the petition or copy thereof is
filed with two or more county auditors in the case of a proposed district in two or more counties, the county auditors
shall confer and issue a joint certification upon finding that
the required number of signatures on the petition has been
obtained.
(2) Where the proposed district is located wholly or in
part in a county in which a boundary review board has been
created, notice of the proposal to create a metropolitan park
district shall be filed with the boundary review board as provided under RCW 36.93.090 and the special election at
which a ballot proposition authorizing creation of the park
district shall be held on the special election date specified
under *RCW 29.13.020 that is sixty or more days after the
date the boundary review board is deemed to have approved
the proposal, approves the proposal, or modifies and
approves the proposal. The creation of a metropolitan park
district is not subject to review by a boundary review board if
the proposed district only includes one or more cities and in
such cases the special election at which a ballot proposition
authorizing creation of the park district shall be held as if a
boundary review board does not exist in the county or counties.
(3) The petition proposing the creation of a metropolitan
park district, or the resolution submitting the question to the
voters, shall choose and describe the composition of the initial board of commissioners of the district that is proposed
under RCW 35.61.050 and shall choose a name for the district. The proposition shall include the following terms:
"For the formation of a metropolitan park district to be
governed by [insert board composition described in ballot
proposition]."
"Against the formation of a metropolitan park district."
[2002 c 88 § 3; 1985 c 469 § 32; 1965 c 7 § 35.61.030. Prior:
1943 c 264 § 2, part; Rem. Supp. 1943 § 6741-2, part; prior:
1909 c 131 § 1; 1907 c 98 § 2, part; RRS § 6721, part.]
*Reviser’s note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.61.040
35.61.040 Election—Creation of district. If a majority
of the voters voting on the ballot proposition authorizing the
creation of the metropolitan park district vote in favor of the
formation of a metropolitan park district, the metropolitan
park district shall be created as a municipal corporation effective immediately upon certification of the election results and
its name shall be that designated in the ballot proposition.
[2002 c 88 § 4; 1965 c 7 § 35.61.040. Prior: 1943 c 264 § 3,
part; Rem. Supp. 1943 § 6741-3, part; prior: 1909 c 131 § 2;
1907 c 98 § 3, part; RRS § 6722, part.]
35.61.050
35.61.050 Composition of board—Election of commissioners—Terms—Vacancies. (1) The resolution or
petition submitting the ballot proposition shall designate the
composition of the board of metropolitan park commissioners from among the alternatives provided under subsections
(2010 Ed.)
Metropolitan Park Districts
(2) through (4) of this section. The ballot proposition shall
clearly describe the designated composition of the board.
(2) The commissioners of the district may be selected by
election, in which case at the same election at which the proposition is submitted to the voters as to whether a metropolitan
park district is to be formed, five park commissioners shall be
elected. The election of park commissioners shall be null and
void if the metropolitan park district is not created. Candidates shall run for specific commission positions. No primary
shall be held to nominate candidates. The person receiving
the greatest number of votes for each position shall be elected
as a commissioner. The staggering of the terms of office shall
occur as follows: (a) The two persons who are elected receiving the two greatest numbers of votes shall be elected to sixyear terms of office if the election is held in an odd-numbered
year or five-year terms of office if the election is held in an
even-numbered year; (b) the two persons who are elected
receiving the next two greatest numbers of votes shall be
elected to four-year terms of office if the election is held in an
odd-numbered year or three-year terms of office if the election is held in an even-numbered year; and (c) the other person who is elected shall be elected to a two-year term of
office if the election is held in an odd-numbered year or a
one-year term of office if the election is held in an even-numbered year. The initial commissioners shall take office immediately when they are elected and qualified, and for purposes
of computing their terms of office the terms shall be assumed
to commence on the first day of January in the year after they
are elected. Thereafter, all commissioners shall be elected to
six-year terms of office. All commissioners shall serve until
their respective successors are elected and qualified and
assume office in accordance with *RCW 29.04.170. Vacancies shall occur and shall be filled as provided in chapter
42.12 RCW.
(3) In a district wholly located within a city or within the
unincorporated area of a county, the governing body of such
city or legislative authority of such county may be designated
to serve in an ex officio capacity as the board of metropolitan
park commissioners, provided that when creation of the district is proposed by citizen petition, the city or county
approves by resolution such designation.
(4) Where the proposed district is located within more
than one city, more than one county, or any combination of
cities and counties, each city governing body and county legislative authority may be designated to collectively serve ex
officio as the board of metropolitan park commissioners
through selection of one or more members from each to serve
as the board, provided that when creation of the district is
proposed by citizen petition, each city governing body and
county legislative authority approve by resolution such designation. Within six months of the date of certification of election results approving creation of the district, the size and
membership of the board shall be determined through interlocal agreement of each city and county. The interlocal agreement shall specify the method for filling vacancies on the
board.
(5) Metropolitan park districts created by a vote of the
people prior to June 13, 2002, may not change the composition and method of selection of their governing authority
without approval of the voters. Should such a change be
desired, the board of park commissioners shall submit a bal(2010 Ed.)
35.61.110
lot proposition to the voters of the metropolitan park district.
[2002 c 88 § 5; 1994 c 223 § 23; 1979 ex.s. c 126 § 24; 1965
c 7 § 35.61.050. Prior: 1943 c 264 § 3, part; Rem. Supp. 1943
§ 6741-3, part; prior: 1909 c 131 § 2; 1907 c 98 § 3, part;
RRS § 6722, part.]
*Reviser’s note: RCW 29.04.170 was recodified as RCW 29A.20.040
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
35.61.090 Elections—Laws governing. The manner of
holding any general or special election in a metropolitan park
district shall be in accordance with the general election laws
of this state insofar as they are not inconsistent with the provisions of this chapter. [1985 c 416 § 3; 1965 c 7 §
35.61.090. Prior: 1943 c 264 § 3, part; Rem. Supp. 1943 §
6741-3, part; prior: 1909 c 131 § 2; 1907 c 98 § 3, part; RRS
§ 6722, part.]
35.61.090
Elections: Title 29A RCW.
35.61.100 Indebtedness limit—Without popular
vote. Every metropolitan park district through its board of
commissioners may contract indebtedness and evidence such
indebtedness by the issuance and sale of warrants, short-term
obligations as provided by chapter 39.50 RCW, or general
obligation bonds, for park, boulevard, aviation landings,
playgrounds, and parkway purposes, and the extension and
maintenance thereof, not exceeding, together with all other
outstanding nonvoter approved general indebtedness, onequarter of one percent of the value of the taxable property in
such metropolitan park district, as the term "value of the taxable property" is defined in RCW 39.36.015. General obligation bonds shall not be issued with a maximum term in excess
of twenty years. Such general obligation bonds shall be
issued and sold in accordance with chapter 39.46 RCW.
[1993 c 247 § 1; 1989 c 319 § 2; 1984 c 186 § 21; 1983 c 61
§ 1; 1970 ex.s. c 42 § 14; 1965 c 7 § 35.61.100. Prior: 1943
c 264 § 6; Rem. Supp. 1943 § 6741-6; prior: 1927 c 268 § 1;
1907 c 98 § 6; RRS § 6725.]
35.61.100
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
35.61.110 Indebtedness limit—With popular vote.
Every metropolitan park district may contract indebtedness
not exceeding in amount, together with existing voterapproved indebtedness and nonvoter-approved indebtedness,
equal to two and one-half percent of the value of the taxable
property in said district, as the term "value of the taxable
property" is defined in RCW 39.36.015, whenever threefifths of the voters voting at an election held in the metropolitan park district assent thereto; the election may be either a
special or a general election, and the park commissioners of
the metropolitan park district may cause the question of
incurring such indebtedness, and issuing negotiable bonds of
such metropolitan park district, to be submitted to the qualified voters of the district at any time. [1989 c 319 § 3; 1970
ex.s. c 42 § 15; 1965 c 7 § 35.61.110. Prior: 1943 c 264 § 7;
Rem. Supp. 1943 § 6741-7; prior: 1907 c 98 § 7; RRS §
6726.]
35.61.110
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
[Title 35 RCW—page 229]
35.61.115
Title 35 RCW: Cities and Towns
Validation requirement: RCW 39.40.010.
Additional notes found at www.leg.wa.gov
35.61.115 Revenue bonds. A metropolitan park district
may issue and sell revenue bonds as provided in chapter
39.46 RCW to be made payable from the operating revenues
of the metropolitan park district. [1989 c 319 § 1.]
35.61.115
35.61.120 Park commissioners as officers of district—Organization. The officers of a metropolitan park
district shall be a board of park commissioners consisting of
five members. The board shall annually elect one of their
number as president and another of their number as clerk of
the board. [1965 c 7 § 35.61.120. Prior: 1943 c 264 § 4, part;
Rem. Supp. 1943 § 6741-4, part; prior: 1919 c 135 § 1, part;
1907 c 98 § 4; RRS § 6723, part.]
35.61.120
35.61.130 Eminent domain—Park commissioners’
authority, generally—Prospective staff screening. (1) A
metropolitan park district has the right of eminent domain,
and may purchase, acquire and condemn lands lying within
or without the boundaries of said park district, for public
parks, parkways, boulevards, aviation landings and playgrounds, and may condemn such lands to widen, alter and
extend streets, avenues, boulevards, parkways, aviation landings and playgrounds, to enlarge and extend existing parks,
and to acquire lands for the establishment of new parks, boulevards, parkways, aviation landings and playgrounds. The
right of eminent domain shall be exercised and instituted pursuant to resolution of the board of park commissioners and
conducted in the same manner and under the same procedure
as is or may be provided by law for the exercise of the power
of eminent domain by incorporated cities and towns of the
state of Washington in the acquisition of property rights:
PROVIDED, HOWEVER, Funds to pay for condemnation
allowed by this section shall be raised only as specified in this
chapter.
(2) The board of park commissioners shall have power to
employ counsel, and to regulate, manage and control the
parks, parkways, boulevards, streets, avenues, aviation landings and playgrounds under its control, and to provide for
park police, for a secretary of the board of park commissioners and for all necessary employees, to fix their salaries and
duties.
(3) The board of park commissioners shall have power to
improve, acquire, extend and maintain, open and lay out,
parks, parkways, boulevards, avenues, aviation landings and
playgrounds, within or without the park district, and to authorize, conduct and manage the letting of boats, or other amusement apparatus, the operation of bath houses, the purchase
and sale of foodstuffs or other merchandise, the giving of
vocal or instrumental concerts or other entertainments, the
establishment and maintenance of aviation landings and playgrounds, and generally the management and conduct of such
forms of recreation or business as it shall judge desirable or
beneficial for the public, or for the production of revenue for
expenditure for park purposes; and may pay out moneys for
the maintenance and improvement of any such parks, parkways, boulevards, avenues, aviation landings and playgrounds as now exist, or may hereafter be acquired, within or
35.61.130
[Title 35 RCW—page 230]
without the limits of said city and for the purchase of lands
within or without the limits of said city, whenever it deems
the purchase to be for the benefit of the public and for the
interest of the park district, and for the maintenance and
improvement thereof and for all expenses incidental to its
duties: PROVIDED, That all parks, boulevards, parkways,
aviation landings and playgrounds shall be subject to the
police regulations of the city within whose limits they lie.
(4) For all employees, volunteers, or independent contractors, who may, in the course of their work or volunteer
activity with the park district, have unsupervised access to
children or vulnerable adults, or be responsible for collecting
or disbursing cash or processing credit/debit card transactions, park districts shall establish by resolution the requirements for a record check through the Washington state patrol
criminal identification system under RCW 43.43.830 through
43.43.834, 10.97.030, and 10.97.050 and through the federal
bureau of investigation, including a fingerprint check using a
complete Washington state criminal identification fingerprint
card. The park district shall provide a copy of the record
report to the employee, volunteer, or independent contractor.
When necessary, as determined by the park district, prospective employees, volunteers, or independent contractors may
be employed on a conditional basis pending completion of
the investigation. If the prospective employee, volunteer, or
independent contractor has had a record check within the previous twelve months, the park district may waive the requirement upon receiving a copy of the record. The park district
may in its discretion require that the prospective employee,
volunteer, or independent contractor pay the costs associated
with the record check. [2006 c 222 § 1; 1969 c 54 § 1; 1965
c 7 § 35.61.130. Prior: (i) 1943 c 264 § 4, part; Rem. Supp.
1943 § 6741-4, part; prior: 1919 c 135 § 1, part; 1907 c 98 §
4; RRS § 6723, part. (ii) 1943 c 264 § 14; Rem. Supp. 1943
§ 6741-14; prior: 1919 c 135 § 2; 1907 c 98 § 14; RRS §
6733.]
Outdoor recreation land acquisition or improvement under marine recreation land act: Chapter 79A.25 RCW.
35.61.132
35.61.132 Disposition of surplus property. Every
metropolitan park district may, by unanimous decision of its
board of park commissioners, sell, exchange, or otherwise
dispose of any real or personal property acquired for park or
recreational purposes when such property is declared surplus
for park or other recreational purposes: PROVIDED, That
where the property is acquired by donation or dedication for
park or recreational purposes, the consent of the donor or
dedicator, his or her heirs, successors, or assigns is first
obtained if the consent of the donor is required in the instrument conveying the property to the metropolitan park district.
In the event the donor or dedicator, his or her heirs, successors, or assigns cannot be located after a reasonable search,
the metropolitan park district may petition the superior court
in the county where the property is located for approval of the
sale. If sold, all sales shall be by public bids and sale made
only to the highest and best bidder. [1989 c 319 § 4; (2005 c
4 § 1 expired December 31, 2006); 1965 c 7 § 35.61.132.
Prior: 1959 c 93 § 1.]
Expiration date—2005 c 4 § 1: "Section 1 of this act expires December 31, 2006." [2005 c 4 § 2.]
(2010 Ed.)
Metropolitan Park Districts
35.61.133 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. See RCW 39.30.010.
35.61.133
35.61.135 Contracts—Competitive bidding—Small
works roster—Exemption. (1) All work ordered, the estimated cost of which is in excess of twenty thousand dollars,
shall be let by contract and competitive bidding. Before
awarding any such contract the board of park commissioners
shall publish a notice in a newspaper of general circulation
where the district is located at least once thirteen days before
the last date upon which bids will be received, inviting sealed
proposals for such work, plans, and specifications which
must at the time of publication of such notice be on file in the
office of the board of park commissioners subject to the public inspection. The notice shall state generally the work to be
done and shall call for proposals for doing the same to be
sealed and filed with the board of park commissioners on or
before the day and hour named therein.
Each bid shall be accompanied by a certified or cashier’s
check or postal money order payable to the order of the metropolitan park district for a sum not less than five percent of
the amount of the bid, or accompanied by a bid bond in an
amount not less than five percent of the bid with a corporate
surety licensed to do business in the state, conditioned that
the bidder will pay the metropolitan park district as liquidated
damages the amount specified in the bond, unless the bidder
enters into a contract in accordance with the bidder’s bid, and
no bid shall be considered unless accompanied by such
check, cash, or bid bond. At the time and place named such
bids shall be publicly opened and read and the board of park
commissioners shall proceed to canvass the bids and may let
such contract to the lowest responsible bidder upon plans and
specifications on file or to the best bidder submitting the bidder’s own plans and specifications. The board of park commissioners may reject all bids for good cause and readvertise
and in such case all checks, cash, or bid bonds shall be
returned to the bidders. If the contract is let, then all checks,
cash, or bid bonds shall be returned to the bidders, except that
of the successful bidder, which shall be retained until a contract is entered into for doing the work, and a bond to perform
such work furnished with sureties satisfactory to the board of
park commissioners in the full amount of the contract price
between the bidder and the metropolitan park district in
accordance with the bid. If the bidder fails to enter into the
contract in accordance with the bid and furnish the bond
within ten days from the date at which the bidder is notified
that the bidder is the successful bidder, the check, cash, or bid
bonds and the amount thereof shall be forfeited to the metropolitan park district. If the bidder fails to enter into a contract
in accordance with the bidder’s bid, and the board of park
commissioners deems it necessary to take legal action to collect on any bid bond required by this section, then the metropolitan park district is entitled to collect from the bidder any
legal expenses, including reasonable attorneys’ fees occasioned thereby. A low bidder who claims error and fails to
enter into a contract is prohibited from bidding on the same
project if a second or subsequent call for bids is made for the
project.
(2) As an alternative to requirements under subsection
(1) of this section, a metropolitan park district may let con35.61.135
(2010 Ed.)
35.61.140
tracts using the small works roster process under RCW
39.04.155.
(3) Any purchase of materials, supplies, or equipment,
with an estimated cost in excess of forty thousand dollars,
shall be by contract. Any purchase of materials, supplies, or
equipment, with an estimated cost of less than fifty thousand
dollars shall be made using the process provided in RCW
39.04.190. Any purchase of materials, supplies, or equipment with an estimated cost of fifty thousand dollars or more
shall be made by competitive bidding following the procedure for letting contracts for projects under subsection (1) of
this section.
(4) As an alternative to requirements under subsection
(3) of this section, a metropolitan park district may let contracts for purchase of materials, supplies, or equipment with
the suppliers designated on current state agency, county, city,
or town purchasing rosters for the materials, supplies, or
equipment, when the roster has been established in accordance with the competitive bidding law for purchases applicable to the state agency, county, city, or town. The price and
terms for purchases shall be as described on the applicable
roster.
(5) The park board may waive the competitive bidding
requirements of this section pursuant to RCW 39.04.280 if an
exemption contained within RCW 39.04.280 applies to the
purchase or public work. [2009 c 229 § 10; 2001 c 29 § 1.]
35.61.137 Community revitalization financing—
Public improvements. In addition to other authority that a
metropolitan park district possesses, a metropolitan park district may provide any public improvement as defined under
RCW 39.89.020, but this additional authority is limited to
participating in the financing of the public improvements as
provided under RCW 39.89.050.
This section does not limit the authority of a metropolitan park district to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 12.]
35.61.137
Severability—2001 c 212: See RCW 39.89.902.
35.61.140 Park commissioners—Civil service for
employees. A metropolitan park district may establish civil
service for its employees by resolution upon the following
plan:
(1) It shall create a civil service commission with authority to appoint a personnel officer and to make rules and regulations for classification based upon suitable differences in
pay for differences in work, and for like pay for like work,
and for competitive entrance and promotional examinations;
for certifications, appointments, probationary service periods
and for dismissals therein; for demotions and promotions
based upon merit and for reemployments, suspensions, transfers, sick leaves and vacations; for lay-offs when necessary
according to seniority; for separations from the service by
discharge for cause; for hearings and reinstatements, for
establishing status for incumbent employees, and for prescribing penalties for violations.
(2) The civil service commission and personnel officer
shall adopt rules to be known as civil service rules to govern
the administration of personnel transactions and procedure.
35.61.140
[Title 35 RCW—page 231]
35.61.150
Title 35 RCW: Cities and Towns
The rules so adopted shall have the force and effect of law,
and, in any and all proceedings, the rules shall be liberally
interpreted and construed to the end that the purposes and
basic requirements of the civil service system may be given
the fullest force and effect. [1965 c 7 § 35.61.140. Prior:
1943 c 264 § 4, part; Rem. Supp. 1943 § 6741-4, part; prior:
1919 c 135 § 1, part; 1907 c 98 § 4; RRS § 6723, part.]
Public employment, civil service and pensions: Title 41 RCW.
35.61.150
35.61.150 Park commissioners—Compensation.
Metropolitan park commissioners selected by election
according to RCW 35.61.050(2) shall perform their duties
and may provide, by resolution passed by the commissioners,
for the payment of compensation to each of its commissioners at a rate of up to ninety dollars for each day or portion of
a day spent in actual attendance at official meetings or in performance of other official services or duties on behalf of the
district. However, the compensation for each commissioner
must not exceed eight thousand six hundred forty dollars per
year.
Any commissioner may waive all or any portion of his or
her compensation payable under this section as to any month
or months during his or her term of office, by a written waiver
filed with the clerk of the board. The waiver, to be effective,
must be filed any time after the commissioner’s election and
prior to the date on which the compensation would otherwise
be paid. The waiver shall specify the month or period of
months for which it is made.
The dollar thresholds established in this section must be
adjusted for inflation by the office of financial management
every five years, beginning July 1, 2008, based upon changes
in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year’s
annual average consumer price index, for Washington state,
for wage earners and clerical workers, all items, compiled by
the bureau of labor and statistics, United States department of
labor. If the bureau of labor and statistics develops more than
one consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
items shall be used for the adjustments for inflation in this
section. The office of financial management must calculate
the new dollar threshold and transmit it to the office of the
code reviser for publication in the Washington State Register
at least one month before the new dollar threshold is to take
effect.
A person holding office as commissioner for two or
more special purpose districts shall receive only that per diem
compensation authorized for one of his or her commissioner
positions as compensation for attending an official meeting
or conducting official services or duties while representing
more than one of his or her districts. However, such commissioner may receive additional per diem compensation if
approved by resolution of all boards of the affected commissions. [2007 c 469 § 1; 2002 c 88 § 6; 1998 c 121 § 1; 1965
c 7 § 35.61.150. Prior: 1943 c 264 § 3, part; Rem. Supp.
1943 § 6741-3, part; prior: 1909 c 131 § 2; 1907 c 98 § 3,
part; RRS § 6722, part.]
[Title 35 RCW—page 232]
35.61.180 Designation of district treasurer. The
county treasurer of the county within which all, or the major
portion, of the district lies shall be the ex officio treasurer of
a metropolitan park district, but shall receive no compensation other than his or her regular salary for receiving and disbursing the funds of a metropolitan park district.
A metropolitan park district may designate someone
other than the county treasurer who has experience in financial or fiscal affairs to act as the district treasurer if the board
has received the approval of the county treasurer to designate
this person. If the board designates someone other than the
county treasurer to act as the district treasurer, the board shall
purchase a bond from a surety company operating in the state
that is sufficient to protect the district from loss. [1987 c 203
§ 1; 1983 c 167 § 55; 1965 c 7 § 35.61.180. Prior: 1943 c 264
§ 13; Rem. Supp. 1943 § 6741-13; prior: 1907 c 98 § 13;
RRS § 6732.]
35.61.180
Additional notes found at www.leg.wa.gov
35.61.190 Park district bonds—Retirement. Whenever there is money in the metropolitan park district fund and
the commissioners of the park district deem it advisable to
apply any part thereof to the payment of bonded indebtedness, they shall advertise in a newspaper of general circulation within the park district for the presentation to them for
payment of as many bonds as they may desire to pay with the
funds on hand, the bonds to be paid in numerical order,
beginning with the lowest number outstanding and called by
number.
Thirty days after the first publication of the notice by the
board calling in bonds they shall cease to bear interest, and
this shall be stated in the notice. [1985 c 469 § 33; 1965 c 7
§ 35.61.190. Prior: 1943 c 264 § 11; Rem. Supp. 1943 §
6741-11; prior: 1907 c 98 § 11; RRS § 6730.]
35.61.190
35.61.200 Park district bonds—Payment of interest.
Any coupons for the payment of interest on metropolitan
park district bonds shall be considered for all purposes as
warrants drawn upon the metropolitan park district fund
against which the bonds were issued, and when presented
after maturity to the treasurer of the county having custody of
the fund. If there are no funds in the treasury to pay the coupons, the county treasurer shall endorse said coupons as presented for payment, in the same manner as county warrants
are endorsed, and thereafter the coupon shall bear interest at
the same rate as the bond to which it was attached. If there are
no funds in the treasury to make payment on a bond not having coupons, the interest payment shall continue bearing
interest at the bond rate until it is paid, unless otherwise provided in the proceedings authorizing the sale of the bonds.
[1983 c 167 § 56; 1965 c 7 § 35.61.200. Prior: 1943 c 264 §
12; Rem. Supp. 1943 § 6741-12; prior: 1907 c 98 § 12; RRS
§ 6731.]
35.61.200
Additional notes found at www.leg.wa.gov
35.61.210 Park district tax levy—Metropolitan park
district fund. The board of park commissioners may levy or
cause to be levied a general tax on all the property located in
said park district each year not to exceed fifty cents per thousand dollars of assessed value of the property in such park
35.61.210
(2010 Ed.)
Metropolitan Park Districts
district. In addition, the board of park commissioners may
levy or cause to be levied a general tax on all property located
in said park district each year not to exceed twenty-five cents
per thousand dollars of assessed valuation. Although park
districts are authorized to impose two separate regular property tax levies, the levies shall be considered to be a single
levy for purposes of the limitation provided for in chapter
84.55 RCW.
The board is hereby authorized to levy a general tax in
excess of its regular property tax levy or levies when authorized so to do at a special election conducted in accordance
with and subject to all the requirements of the Constitution
and laws of the state now in force or hereafter enacted governing the limitation of tax levies. The board is hereby authorized to call a special election for the purpose of submitting to
the qualified voters of the park district a proposition to levy a
tax in excess of the seventy-five cents per thousand dollars of
assessed value herein specifically authorized. The manner of
submitting any such proposition, of certifying the same, and
of giving or publishing notice thereof, shall be as provided by
law for the submission of propositions by cities or towns.
The board shall include in its general tax levy for each
year a sufficient sum to pay the interest on all outstanding
bonds and may include a sufficient amount to create a sinking
fund for the redemption of all outstanding bonds. The levy
shall be certified to the proper county officials for collection
the same as other general taxes and when collected, the general tax shall be placed in a separate fund in the office of the
county treasurer to be known as the "metropolitan park district fund" and disbursed under RCW 36.29.010(1) and
39.58.750. [2007 c 295 § 1; 1997 c 3 § 205 (Referendum Bill
No. 47, approved November 4, 1997); 1990 c 234 § 3; 1973
1st ex.s. c 195 § 25; 1965 c 7 § 35.61.210. Prior: 1951 c 179
§ 1; prior: (i) 1943 c 264 § 10, part; Rem. Supp. 1943 §
6741-10, part; prior: 1909 c 131 § 4; 1907 c 98 § 10; RRS §
6729. (ii) 1947 c 117 § 1; 1943 c 264 § 5; Rem. Supp. 1947
§ 6741-5; prior: 1925 ex.s. c 97 § 1; 1907 c 98 § 5; RRS §
6724.]
Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010.
Limitation on levies: State Constitution Art. 7 § 2 (Amendments 55, 59),
RCW 84.52.050.
Additional notes found at www.leg.wa.gov
35.61.220 Petition for improvements on assessment
plan. If at any time any proposed improvement of any parkway, avenue, street, or boulevard is deemed by the board of
metropolitan park commissioners to be a special benefit to
the lands adjoining, contiguous, approximate to or in the
neighborhood of the proposed improvement, which lie within
the city, the board may so declare, describing the property to
be benefited. Thereupon they may petition the city council to
cause the improvement contemplated by the commissioners
to be done and made on the local assessment plan, and the
portion of the cost of the improvement as fixed by such
assessment roll to be assessed against the said property so
benefited in the same manner and under the same procedure
as of other local improvements, and the remainder of the cost
of such improvement to be paid out of the metropolitan park
district fund.
The board of park commissioners shall designate the
kind, manner and style of the improvement to be made, and
35.61.270
may designate the time within which it shall be made. [1965
c 7 § 35.61.220. Prior: 1943 c 264 § 15; Rem. Supp. 1943 §
6741-15; prior: 1909 c 131 § 5; 1907 c 98 § 15; RRS § 6734.]
Local improvements, supplemental authority: Chapter 35.51 RCW.
35.61.230 Objections—Appeal. Any person, firm or
corporation feeling aggrieved by the assessment against his
or her or its property may file objections with the city council
and may appeal from the order confirming the assessment
roll in the same manner as objections and appeals are made in
regard to local improvements in cities of the first class. [2009
c 549 § 2112; 1965 c 7 § 35.61.230. Prior: 1943 c 264 § 16;
Rem. Supp. 1943 § 6741-16; prior: 1907 c 98 § 17; RRS §
6736.]
35.61.230
Appeal of assessments and reassessments: RCW 35.44.200 through
35.44.270.
35.61.240 Assessment lien—Collection. The assessment for local improvements authorized by this chapter shall
become a lien in the same manner, and be governed by the
same law, as is provided for local assessments in cities of the
first class and be collected as such assessments are collected.
[1965 c 7 § 35.61.240. Prior: 1943 c 264 § 17; Rem. Supp.
1943 § 6741-17; prior: 1907 c 98 § 18; RRS § 6737.]
35.61.240
Collection and foreclosure of assessments: Chapters 35.49, 35.50 RCW.
35.61.250 Territorial annexation—Authority—Petition. The territory adjoining a metropolitan park district may
be annexed to and become a part thereof upon petition and an
election held pursuant thereto. The petition shall define the
territory proposed to be annexed and must be signed by
twenty-five registered voters, resident within the territory
proposed to be annexed, unless the territory is within the limits of another city when it must be signed by twenty percent
of the registered voters residing within the territory proposed
to be annexed. The petition must be addressed to the board of
park commissioners requesting that the question be submitted
to the legal voters of the territory proposed to be annexed,
whether they will be annexed and become a part of the park
district. [1985 c 416 § 4; 1965 c 7 § 35.61.250. Prior: 1943
c 264 § 20, part; Rem. Supp. 1943 § 6741-20, part; prior:
1907 c 98 § 20, part; RRS § 6739, part.]
35.61.250
35.61.220
(2010 Ed.)
35.61.260 Territorial annexation—Hearing on petition. Upon the filing of an annexation petition with the board
of park commissioners, if the commissioners concur in the
petition, they shall provide for a hearing to be held for the discussion of the proposed annexation at the office of the board
of park commissioners, and shall give due notice thereof by
publication at least once a week for two consecutive weeks
before the hearing in a newspaper of general circulation in the
park district. [1985 c 469 § 34; 1965 c 7 § 35.61.260. Prior:
1943 c 264 § 20, part; Rem. Supp. 1943 § 6741-20, part;
prior: 1907 c 98 § 20, part; RRS § 6739, part.]
35.61.260
35.61.270 Territorial annexation—Election—
Method. If the park commissioners concur in the petition,
they shall cause the proposal to be submitted to the electors of
the territory proposed to be annexed, at an election to be held
in the territory, which shall be called, canvassed and con35.61.270
[Title 35 RCW—page 233]
35.61.275
Title 35 RCW: Cities and Towns
ducted in accordance with the general election laws. The
board of park commissioners by resolution shall fix a time for
the holding of the election to determine the question of
annexation, and in addition to the notice required by *RCW
29.27.080 shall give notice thereof by causing notice to be
published once a week for two consecutive weeks in a newspaper of general circulation in the park district, and by posting notices in five public places within the territory proposed
to be annexed in the district.
The ballot to be used at the election shall be in the following form:
"For annexation to metropolitan park district."
"Against annexation to metropolitan park district."
[1985 c 469 § 35; 1965 c 7 § 35.61.270. Prior: 1943 c 264 §
20, part; Rem. Supp. 1943 § 6741-20, part; prior: 1907 c 98
§ 20, part; RRS § 6739, part.]
*Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193. Later enactment of RCW
29A.52.350, see RCW 29A.52.351.
Canvassing returns, generally: Chapter 29A.60 RCW.
Conduct of elections—Canvass: RCW 29A.60.010.
Times for holding elections: RCW 29A.04.311 through 29A.04.330.
35.61.275 Territorial annexation—Park district containing city with population over one hundred thousand—Assumption of indebtedness. The board of park
commissioners of any metropolitan park district which
includes a city with a population greater than one hundred
thousand may submit to the electorate of the territory sought
to be annexed a proposition that all property within the area
annexed shall, upon annexation, be assessed and taxed at the
same rate and on the same basis as the property of such
annexing metropolitan park district to pay for all or any portion of the then outstanding indebtedness of the metropolitan
park district. [1989 c 319 § 6.]
35.61.275
35.61.280 Territorial annexation—Election—Result.
The canvassing authority shall cause a statement of the result
of such election to be forwarded to the board of park commissioners for entry on the record of the board. If the majority of
the votes cast upon that question at the election shall favor
annexation, the territory shall immediately become annexed
to the park district, and shall thenceforth be a part of the park
district, the same as though originally included in the district.
The expense of such election shall be paid out of park district
funds. [1965 c 7 § 35.61.280. Prior: (i) 1943 c 264 § 20, part;
Rem. Supp. 1943 § 6741-20, part; prior: 1907 c 98 § 20, part;
RRS § 6739, part. (ii) 1943 c 264 § 21; Rem. Supp. 1943 §
6741-21; prior: 1907 c 98 § 21; RRS § 6740.]
35.61.280
35.61.290 Transfer of property by city, county, or
other municipal corporation—Emergency grant, loan, of
funds by city. (1) Any city within or comprising any metropolitan park district may turn over to the park district any
lands which it may own, or any street, avenue, or public place
within the city for playground, park or parkway purposes,
and thereafter its control and management shall vest in the
35.61.290
[Title 35 RCW—page 234]
board of park commissioners: PROVIDED, That the police
regulations of such city shall apply to all such premises.
At any time that any such metropolitan park district is
unable, through lack of sufficient funds, to provide for the
continuous operation, maintenance and improvement of the
parks and playgrounds and other properties or facilities
owned by it or under its control, and the legislative body of
any city within or comprising such metropolitan park district
shall determine that an emergency exists requiring the financial aid of such city to be extended in order to provide for
such continuous operation, maintenance and/or improvement
of parks, playgrounds facilities, other properties, and programs of such park district within its limits, such city may
grant or loan to such metropolitan park district such of its
available funds, or such funds which it may lawfully procure
and make available, as it shall find necessary to provide for
such continuous operation and maintenance and, pursuant
thereto, any such city and the board of park commissioners of
such district are authorized and empowered to enter into an
agreement embodying such terms and conditions of any such
grant or loan as may be mutually agreed upon.
The board of metropolitan park commissioners may
accept public streets of the city and grounds for public purposes when donated for park, playground, boulevard and
park purposes.
(2) Counties and other municipal corporations, including
but not limited to park and recreation districts operating
under chapter 36.69 RCW, may transfer to the metropolitan
park district, with or without consideration therefor, any
lands, facilities, equipment, other interests in real or personal
property, or interests under contracts, leases, or similar agreements. The board of metropolitan park commissioners may
accept, for metropolitan park district purposes, such transfer
of lands, facilities, equipment, other interests in real or personal property, and interests under contracts, leases, or similar agreements. [2005 c 226 § 1; 1985 c 416 § 5; 1965 c 7 §
35.61.290. Prior: 1953 c 194 § 1. Formerly: (i) 1943 c 264
§ 18; Rem. Supp. 1943 § 6741-18; prior: 1907 c 98 § 16;
RRS § 6735. (ii) 1943 c 264 § 19; Rem. Supp. 1943 § 674119; prior: 1907 c 98 § 19; RRS § 6738.]
Application—2005 c 226: "Sections 1 through 3 of this act apply retroactively to metropolitan park district elections occurring on or after May 1,
2004." [2005 c 226 § 4.]
Effective date—2005 c 226: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 28, 2005]." [2005 c 226 § 5.]
35.61.300 Transfer of property by city, county, or
other municipal corporation—Assumption of indebtedness—Issuance of refunding bonds. (1) When any metropolitan park district is formed pursuant to this chapter and
assumes control of the parks, parkways, boulevards, and park
property of the city in which said park district is created, or
the metropolitan park district accepts, pursuant to RCW
35.61.290, any lands, facilities, equipment, other interests in
real or personal property, or interests under contracts, leases,
or similar agreements from a county or other municipal corporation (including but not limited to a park and recreation
district operating under chapter 36.69 RCW), such metropolitan park district may assume all existing indebtedness,
35.61.300
(2010 Ed.)
Metropolitan Park Districts
bonded or otherwise, incurred in relation to the transferred
property or interest, in which case it shall arrange by taxation
or issuing bonds, as herein provided, for the payment of such
indebtedness, and shall relieve such city, county, or municipal corporation from such payment.
(2) A metropolitan park district is hereby given authority
to issue refunding bonds when necessary, subject to chapters
39.36 and 39.53 RCW, in order to enable it to comply with
this section.
(3)(a) In addition, refunding bonds issued under subsection (2) of this section for the purpose of assuming existing
voter-approved indebtedness may be issued, by majority vote
of the commissioners, as voter-approved indebtedness, if:
(i) The boundaries of the metropolitan park district are
identical to the boundaries of the taxing district in which
voter approval was originally obtained;
(ii) The governing body of the original taxing district has
adopted a resolution declaring its intent to dissolve its operations and has named the metropolitan park district as its successor; and
(iii) The requisite number of voters of the original taxing
district approved issuance of the indebtedness and the levy of
excess taxes to pay and retire that indebtedness.
(b) A metropolitan park district acting under this subsection (3) is deemed the successor to the original taxing district
and any refunding bonds issued under this subsection (3)
constitute voter-approved indebtedness. The metropolitan
park district shall levy and collect annual property taxes in
excess of the district’s regular property tax levy, in an amount
sufficient to pay and retire the principal of and interest on
those refunding bonds. [2005 c 226 § 2; 1985 c 416 § 6; 1965
c 7 § 35.61.300. Prior: 1943 c 264 § 22; Rem. Supp. 1943 §
6741-22; prior: 1907 c 98 § 22; RRS § 6741.]
Application—Effective date—2005 c 226: See notes following RCW
35.61.290.
35.61.310
35.61.310 Dissolution. A board of commissioners of a
metropolitan park district may, upon a majority vote of all its
members, dissolve any metropolitan park district, prorate the
liabilities thereof, and turn over to the city and/or county so
much of the district as is respectively located therein, when:
(1) Such city and/or county, through its governing officials, agrees to, and petitions for, such dissolution and the
assumption of such assets and liabilities, or;
(2) Ten percent of the voters of such city and/or county
who voted at the last general election petition the governing
officials for such a vote. [1965 c 7 § 35.61.310. Prior: 1953
c 269 § 1.]
Dissolution of special districts: Chapters 36.96 and 53.48 RCW.
35.61.315
35.61.315 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
35.61.350
35.61.350 Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels,
public sale. See RCW 53.08.310 and 53.08.320.
(2010 Ed.)
35.61.360
35.61.360
35.61.360 Withdrawal or reannexation of areas. (1)
As provided in this section, a metropolitan park district may
withdraw areas from its boundaries, or reannex areas into the
metropolitan park district that previously had been withdrawn from the metropolitan park district under this section.
(2) The withdrawal of an area shall be authorized upon:
(a) Adoption of a resolution by the park district commissioners requesting the withdrawal and finding that, in the opinion
of the commissioners, inclusion of this area within the metropolitan park district will result in a reduction of the district’s
tax levy rate under the provisions of RCW 84.52.010; and (b)
adoption of a resolution by the city or town council approving
the withdrawal, if the area is located within the city or town,
or adoption of a resolution by the county legislative authority
of the county within which the area is located approving the
withdrawal, if the area is located outside of a city or town. A
withdrawal shall be effective at the end of the day on the
thirty-first day of December in the year in which the resolutions are adopted, but for purposes of establishing boundaries
for property tax purposes, the boundaries shall be established
immediately upon the adoption of the second resolution.
The withdrawal of an area from the boundaries of a metropolitan park district shall not exempt any property therein
from taxation for the purpose of paying the costs of redeeming any indebtedness of the metropolitan park district existing at the time of the withdrawal.
(3) An area that has been withdrawn from the boundaries
of a metropolitan park district under this section may be reannexed into the metropolitan park district upon: (a) Adoption
of a resolution by the park district commissioners proposing
the reannexation; and (b) adoption of a resolution by the city
or town council approving the reannexation, if the area is
located within the city or town, or adoption of a resolution by
the county legislative authority of the county within which
the area is located approving the reannexation, if the area is
located outside of a city or town. The reannexation shall be
effective at the end of the day on the thirty-first day of
December in the year in which the adoption of the second resolution occurs, but for purposes of establishing boundaries
for property tax purposes, the boundaries shall be established
immediately upon the adoption of the second resolution.
Referendum action on the proposed reannexation may be
taken by the voters of the area proposed to be reannexed if a
petition calling for a referendum is filed with the city or town
council, or county legislative authority, within a thirty-day
period after the adoption of the second resolution, which petition has been signed by registered voters of the area proposed
to be reannexed equal in number to ten percent of the total
number of the registered voters residing in that area.
If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions
shall be held in abeyance and a ballot proposition to authorize
the reannexation shall be submitted to the voters of the area at
the next special election date according to RCW 29A.04.330.
Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize the reannexation. [2006 c 344 § 24; 1987 c 138 § 2.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following
RCW 29A.04.311.
[Title 35 RCW—page 235]
35.61.370
Title 35 RCW: Cities and Towns
35.61.370 Park district containing city with population over one hundred thousand—May commission police
officers. A metropolitan park district which contains a city
with a population greater than one hundred thousand may
commission its own police officers with full police powers to
enforce the laws and regulations of the city or county on metropolitan park district property. Police officers initially
employed after June 30, 1989, pursuant to this section shall
be required to successfully complete basic law enforcement
training in accordance with chapter 43.101 RCW. [1989 c
319 § 5.]
35.61.370
"Shall the name of the city (or town) of (insert name) be
changed to the city (or town) of (insert the proposed new
name) ?
Yes . . .
No . . ."
If a majority of the votes cast favor the name change, the city
or town shall have its name changed effective thirty days
after the certification of the election results. [1990 c 193 § 2.]
35.62.041
35.61.380 Community athletics programs—Sex discrimination prohibited. The antidiscrimination provisions
of RCW 49.60.500 apply to community athletics programs
and facilities operated, conducted, or administered by a metropolitan park district. [2009 c 467 § 5.]
35.61.380
Findings—Declarations—2009 c 467: See note following RCW
49.60.500.
Chapter 35.62
Chapter 35.62 RCW
NAME—CHANGE OF
Sections
35.62.010
35.62.021
35.62.031
35.62.041
35.62.060
Authority for.
Election—Petition or resolution.
Ballot—One name proposed.
Ballot—More than one name proposed—Votes necessary.
Results—Certification.
35.62.010 Authority for. Any city or town may change
its name in accordance with the procedure provided in this
chapter. [1965 c 7 § 35.62.010. Prior: 1925 ex.s. c 146 § 1;
RRS § 8891-1.]
35.62.010
35.62.021 Election—Petition or resolution. The question of whether the name of a city or town shall be changed
shall be presented to the voters of the city or town upon
either: (1) The adoption of a resolution by the city or town
council proposing a specific name change; or (2) the submission of a petition proposing a specific name change that has
been signed by voters of the city or town equal in number to
at least ten percent of the total number of voters of the city or
town who voted at the last municipal general election. However, for any newly incorporated city or town that has not had
city officials elected at a normal general municipal election,
the election that is used as the base for determining the number of required signatures shall be the election at which the
initial elected officials were elected.
The election on changing the name of the city or town
shall be held at the next general election occurring sixty or
more days after the resolution was adopted, or the resolution
[petition] was submitted that has been certified by the county
auditor as having sufficient valid signatures. [1990 c 193 §
1.]
35.62.021
35.62.031 Ballot—One name proposed. Where only
one new name has been proposed by petition or resolution
such question shall be in substantially the following form:
35.62.031
[Title 35 RCW—page 236]
35.62.041 Ballot—More than one name proposed—
Votes necessary. Where more than one name is proposed by
either petition or resolution, the question shall be separated
into two separate parts and shall be in substantially the following form:
"Shall the name of the city (or town) of
changed?
(insert name)
be
Yes . . .
No . . ."
"If a name change is approved, which of the following should
be the new name?
(insert name)
(insert name)
Vote for one."
Voters may select a name change whether or not they vote in
favor of changing the name of the city or town. If a majority
of the votes cast on the first proposition favor changing the
name, the name that receives at least a majority of the total
number of votes cast for an alternative name shall become the
new name of the city or town effective thirty days after the
certification of the election results.
If no alternative name receives a simple majority vote,
then an election shall be held at the next November special
election date, at which voters shall be given the option of
choosing which of the two alternative names that received the
most votes shall become the new name of the city or town.
This ballot proposition shall be worded substantially as follows:
"Which of the following names shall become the new name
of the city (or town) of (insert name) ?
(insert name)
(insert name)
Vote for one."
The name that receives the majority vote shall become the
new name of the city or town effective thirty days after the
certification of the election results. [1990 c 193 § 3.]
35.62.060
35.62.060 Results—Certification. Whenever any city
or town has changed its name, the clerk shall certify the new
name to the secretary of state prior to the date when the
change takes effect. [1965 c 7 § 35.62.060. Prior: 1925 ex.s.
c 146 § 6; RRS § 8891-6.]
(2010 Ed.)
Planning Commissions
Chapter 35.63
Chapter 35.63 RCW
PLANNING COMMISSIONS
35.63.030
Recording of plats: Chapter 58.08 RCW.
35.63.010 Definitions. As used in this chapter the following terms shall have the meaning herein given them:
"Appointive members" means all members of a commission other than ex officio members;
"Board" means the board of county commissioners;
"City" includes every incorporated city and town;
"Commission" means a city or county planning commission;
"Council" means the chief legislative body of a city;
"Ex officio members" means the members of a commission chosen from among city or county officials;
"Highways" include streets, roads, boulevards, lanes,
alleys, viaducts and other traveled ways;
"Mayor" means the chief executive of a city;
"Municipality" includes every county and city. [1965 c
7 § 35.63.010. Prior: 1935 c 44 § 1; RRS § 9322-1.]
35.63.010
Sections
35.63.010
35.63.015
35.63.020
35.63.030
35.63.040
35.63.050
35.63.060
35.63.065
35.63.070
35.63.080
35.63.090
35.63.100
35.63.105
35.63.110
35.63.120
35.63.125
35.63.126
35.63.127
35.63.130
35.63.140
35.63.150
35.63.160
35.63.161
35.63.170
35.63.180
35.63.185
35.63.200
35.63.210
35.63.220
35.63.230
35.63.240
35.63.250
35.63.260
Definitions.
"Solar energy system" defined.
Commissioners—Manner of appointment.
Commissioners—Number—Tenure—Compensation.
Commissions—Organization—Meeting—Rules.
Expenditures.
Powers of commissions.
Public notice—Identification of affected property.
Regional commissions—Appointment—Powers.
Restrictions on buildings—Use of land.
Restrictions—Purposes of.
Restrictions—Recommendations of commission—Hearings—Adoption of comprehensive plan—Certifying—Filing or recording.
Amendments to comprehensive plan to be adopted, certified,
and recorded or filed in accordance with RCW 35.63.100.
Restrictive zones.
Supplemental restrictions—Hearing—Affirmance, disaffirmance, modification of commission’s decision.
Development regulations—Consistency with comprehensive
plan.
Development regulations—Jurisdictions specified—Electric
vehicle infrastructure—City retrofitting incentive programs.
Development regulations—Jurisdictions specified—Electric
vehicle infrastructure—County retrofitting incentive programs.
Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.
Residential care facilities—Review of need and demand—
Adoption of ordinances.
Conformance with chapter 43.97 RCW required.
Regulation of manufactured homes—Definitions.
Manufactured housing communities—Elimination of existing
community by city prohibited.
Definitions.
Child care facilities—Review of need and demand—Adoption
of ordinances.
Family day-care provider’s home facility—City may not prohibit in residential or commercial area—Conditions.
Moratoria, interim zoning controls—Public hearing—Limitation on length.
Accessory apartments.
Treatment of residential structures occupied by persons with
handicaps.
Watershed restoration projects—Permit processing—Fish
habitat enhancement project.
Planning regulations—Copies provided to county assessor.
General aviation airports.
Conditional and special use permit applications by parties
licensed or certified by the department of social and health
services or the department of corrections—Mediation prior
to appeal required.
Acquisition of interests in land for conservation, protection, preservation, or
open space purposes by cities or towns: RCW 64.04.130.
Adult family homes—Permitted use in residential and commercial zones:
RCW 70.128.175.
Airport zoning: Chapter 14.12 RCW.
Appearance of fairness doctrine—Application to local land use decisions:
RCW 42.36.010.
Approval of proposed plats, subdivisions, and dedications of land: Chapter
58.17 RCW.
Boundaries and plats: Title 58 RCW.
Counties, planning enabling act: Chapter 36.70 RCW.
35.63.015 "Solar energy system" defined. As used in
this chapter, "solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any
substance or device which collects sunlight for use in:
(1) The heating or cooling of a structure or building;
(2) The heating or pumping of water;
(3) Industrial, commercial, or agricultural processes; or
(4) The generation of electricity.
A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but
are not limited to, serving as a structural member or part of a
roof of a building or structure and serving as a window or
wall. [1979 ex.s. c 170 § 2.]
35.63.015
Local governments authorized to encourage and protect solar energy systems: RCW 64.04.140.
Additional notes found at www.leg.wa.gov
35.63.020 Commissioners—Manner of appointment.
If any council or board desires to avail itself of the powers
conferred by this chapter it shall create a city or county planning commission consisting of from three to twelve members
to be appointed by the mayor or chair of the municipality and
confirmed by the council or board: PROVIDED, That in cities of the first class having a commission form of government
consisting of three or more members, the commissioner of
public works shall appoint the planning commission, which
appointment shall be confirmed by a majority of the city
commissioners. Cities of the first class operating under selfgovernment charters may extend the membership and the
duties and powers of its commission beyond those prescribed
in this chapter. [2009 c 549 § 2113; 1965 c 7 § 35.63.020.
Prior: (i) 1935 c 44 § 2, part; RRS § 9322-2, part. (ii) 1935 c
44 § 12; RRS § 9322-12.]
35.63.020
County sewerage, water and drainage systems: Chapter 36.94 RCW.
Housing authorities law: Chapter 35.82 RCW.
Joint operations by municipal corporations or political subdivisions, deposit
and control of funds: RCW 43.09.285.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Municipal revenue bond act: Chapter 35.41 RCW.
Police and sanitary regulations: State Constitution Art. 11 § 11.
(2010 Ed.)
35.63.030 Commissioners—Number—Tenure—
Compensation. The ordinance, resolution or act creating the
commission shall set forth the number of members to be
appointed, not more than one-third of which number may be
ex officio members by virtue of office held in any municipality. The term of office for ex officio members shall correspond to their respective tenures. The term of office for the
35.63.030
[Title 35 RCW—page 237]
35.63.040
Title 35 RCW: Cities and Towns
first appointive members appointed to such commission shall
be designated from one to six years in such manner as to provide that the fewest possible terms will expire in any one
year. Thereafter the term of office for each appointive member shall be six years.
Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term. Members
may be removed, after public hearing, by the appointing official, with the approval of his or her council or board, for inefficiency, neglect of duty or malfeasance in office.
The members shall be selected without respect to political affiliations and they shall serve without compensation.
[2009 c 549 § 2114; 1965 c 7 § 35.63.030. Prior: 1935 c 44
§ 2, part; RRS § 9322-2, part.]
In carrying out its powers and duties, the commission
should demonstrate how land use planning is integrated with
transportation planning. [2002 c 189 § 1; 1988 c 127 § 1;
1979 ex.s. c 170 § 3; 1965 c 7 § 35.63.060. Prior: 1935 c 44
§ 10; RRS § 9322-10.]
35.63.040 Commissions—Organization—Meeting—
Rules. The commission shall elect its own chair and create
and fill such other offices as it may determine it requires. The
commission shall hold at least one regular meeting in each
month for not less than nine months in each year. It shall
adopt rules for transaction of business and shall keep a written record of its meetings, resolutions, transactions, findings
and determinations which record shall be a public record.
[2009 c 549 § 2115; 1965 c 7 § 35.63.040. Prior: 1935 c 44
§ 3; RRS § 9322-3.]
35.63.070 Regional commissions—Appointment—
Powers. The commissions of two or more adjoining counties, of two or more adjacent cities and towns, of one or more
cities and towns and/or one or more counties, together with
the boards of such counties and the councils of such cities and
towns may cooperate to form, organize and administer a
regional planning commission for the making of a regional
plan for the region defined as may be agreed upon by the
commissions, boards and councils. The regional commission
when requested by the commissions of its region, may further
perform any of the other duties for its region that are specified in RCW 35.63.060 for city and county commissions. The
number of members of a regional commission, their method
of appointment and the proportion of the cost of regional
planning, surveys and studies to be borne respectively by the
various counties and cities in the region, shall be such as may
be agreed upon by commissions, boards and councils.
Any regional planning commission, or the councils or
boards respectively of any city, town, or county, are authorized to receive grants-in-aid from the government of the
United States or of any of its agencies, and are authorized to
enter into any reasonable agreement with any department or
agency of the government of the United States to arrange for
the receipt of federal funds for planning in the interest of furthering the planning program. [1965 c 7 § 35.63.070. Prior:
1957 c 130 § 1; 1935 c 44 § 11; RRS § 9322-11.]
Additional notes found at www.leg.wa.gov
35.63.065 Public notice—Identification of affected
property. Any notice made under chapter 35.63 RCW that
identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written
description, vicinity sketch, or other reasonable means.
[1988 c 168 § 9.]
35.63.065
35.63.040
35.63.050 Expenditures. The expenditures of any
commission or regional commission authorized and established under this chapter, exclusive of gifts, shall be within
the amounts appropriated for the purpose by the council or
board. Within such limits, any commission may employ such
employees and expert consultants as are deemed necessary
for its work. [1965 c 7 § 35.63.050. Prior: 1935 c 44 § 4;
RRS § 9322-4.]
35.63.050
35.63.060 Powers of commissions. The commission
may act as the research and fact finding agency of the municipality. To that end it may make such surveys, analyses,
researches and reports as are generally authorized or
requested by its council or board, or by the state with the
approval of its council or board. The commission, upon such
request or authority may also:
(1) Make inquiries, investigations, and surveys concerning the resources of the county, including but not limited to
the potential for solar energy development and alternative
means to encourage and protect access to direct sunlight for
solar energy systems;
(2) Assemble and analyze the data thus obtained and formulate plans for the conservation of such resources and the
systematic utilization and development thereof;
(3) Make recommendations from time to time as to the
best methods of such conservation, utilization, and development;
(4) Cooperate with other commissions and with other
public agencies of the municipality, state and United States in
such planning, conservation, and development; and
(5) In particular cooperate with and aid the state within
its territorial limits in the preparation of the state master plan
provided for in RCW 43.21A.350 and in advance planning of
public works programs.
35.63.060
[Title 35 RCW—page 238]
35.63.070
Commission as employer for retirement system purposes: RCW 41.40.010.
35.63.080 Restrictions on buildings—Use of land.
The council or board may provide for the preparation by its
commission and the adoption and enforcement of coordinated plans for the physical development of the municipality.
For this purpose the council or board, in such measure as is
deemed reasonably necessary or requisite in the interest of
health, safety, morals and the general welfare, upon recommendation by its commission, by general ordinances of the
city or general resolution of the board, may regulate and
restrict the location and the use of buildings, structures and
land for residence, trade, industrial and other purposes; the
height, number of stories, size, construction and design of
buildings and other structures; the size of yards, courts and
other open spaces on the lot or tract; the density of population; the set-back of buildings along highways, parks or public water frontages; and the subdivision and development of
land; and may encourage and protect access to direct sunlight
35.63.080
(2010 Ed.)
Planning Commissions
for solar energy systems. A council where such ordinances
are in effect, may, on the recommendation of its commission
provide for the appointment of a board of adjustment, to
make, in appropriate cases and subject to appropriate conditions and safeguards established by ordinance, special exceptions in harmony with the general purposes and intent and in
accordance with general or specific rules therein contained.
[1979 ex.s. c 170 § 4; 1965 c 7 § 35.63.080. Prior: 1935 c 44
§ 5; RRS § 9322-5.]
Additional notes found at www.leg.wa.gov
35.63.090
35.63.090 Restrictions—Purposes of. All regulations
shall be worked out as parts of a comprehensive plan which
each commission shall prepare for the physical and other
generally advantageous development of the municipality and
shall be designed, among other things, to encourage the most
appropriate use of land throughout the municipality; to lessen
traffic congestion and accidents; to secure safety from fire; to
provide adequate light and air; to prevent overcrowding of
land; to avoid undue concentration of population; to promote
a coordinated development of the unbuilt areas; to encourage
the formation of neighborhood or community units; to secure
an appropriate allotment of land area in new developments
for all the requirements of community life; to conserve and
restore natural beauty and other natural resources; to encourage and protect access to direct sunlight for solar energy systems; and to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements,
including protection of the quality and quantity of groundwater used for public water supplies. Each plan shall include a
review of drainage, flooding, and storm water run-off in the
area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that
pollute Puget Sound or waters entering Puget Sound. [1985 c
126 § 1; 1984 c 253 § 1; 1979 ex.s. c 170 § 5; 1965 c 7 §
35.63.090. Prior: 1935 c 44 § 7; RRS § 9322-7.]
Additional notes found at www.leg.wa.gov
35.63.125
A true copy of the resolution of the board adopting or
embodying such plan or any part thereof or any amendment
thereto shall be certified by the clerk of the board and filed
with the county auditor. A like certified copy of any map or
plat referred to or adopted by the county resolution shall likewise be filed with the county auditor. The auditor shall
record the resolution and keep on file the map or plat.
The original resolution or ordinance of the council
adopting or embodying such plan or any part thereof or any
amendment thereto shall be certified by the clerk of the city
and filed by him or her. The original of any map or plat
referred to or adopted by the resolution or ordinance of the
council shall likewise be certified by the clerk of the city and
filed by him or her. The clerk shall keep on file the resolution
or ordinance and map or plat. [2009 c 549 § 2116; 1967 ex.s.
c 144 § 8; 1965 c 7 § 35.63.100. Prior: 1935 c 44 § 8; RRS
§ 9322-8.]
Additional notes found at www.leg.wa.gov
35.63.105 Amendments to comprehensive plan to be
adopted, certified, and recorded or filed in accordance
with RCW 35.63.100. All amendments to a comprehensive
plan shall be adopted, certified, and recorded or filed in the
same manner as authorized in RCW 35.63.100 for an initial
comprehensive plan. [1967 ex.s. c 144 § 9.]
35.63.105
Additional notes found at www.leg.wa.gov
35.63.110 Restrictive zones. For any or all of such purposes the council or board, on recommendation of its commission, may divide the municipality or any portion thereof
into districts of such size, shape and area, or may establish
such official maps, or development plans for the whole or any
portion of the municipality as may be deemed best suited to
carry out the purposes of this chapter and within such districts
it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or
land. [1965 c 7 § 35.63.110. Prior: 1935 c 44 § 6; RRS §
9322-6.]
35.63.110
35.63.100
35.63.100 Restrictions—Recommendations of commission—Hearings—Adoption of comprehensive plan—
Certifying—Filing or recording. The commission may recommend to its council or board the plan prepared by it as a
whole, or may recommend parts of the plan by successive
recommendations; the parts corresponding with geographic
or political sections, division or subdivisions of the municipality, or with functional subdivisions of the subject matter of
the plan, or in the case of counties, with suburban settlement
or arterial highway area. It may also prepare and recommend
any amendment or extension thereof or addition thereto.
Before the recommendation of the initial plan to the
municipality the commission shall hold at least one public
hearing thereon, giving notice of the time and place by one
publication in a newspaper of general circulation in the
municipality and in the official gazette, if any, of the municipality.
The council may adopt by resolution or ordinance and
the board may adopt by resolution the plan recommended to
it by the commission, or any part of the plan, as the comprehensive plan.
(2010 Ed.)
35.63.120 Supplemental restrictions—Hearing—
Affirmance, disaffirmance, modification of commission’s
decision. Any ordinance or resolution adopting any such
plan or regulations, or any part thereof, may be amended,
supplemented or modified by subsequent ordinance or resolution.
Proposed amendments, supplementations, or modifications shall first be heard by the commission and the decision
shall be made and reported by the commission within ninety
days of the time that the proposed amendments, supplementations, or modifications were made.
The council or board, pursuant to public hearing called
by them upon application therefor by any interested party or
upon their own order, may affirm, modify or disaffirm any
decision of the commission. [1965 c 7 § 35.63.120. Prior:
1957 c 194 § 1; 1935 c 44 § 9; RRS § 9322-9.]
35.63.120
35.63.125 Development regulations—Consistency
with comprehensive plan. Beginning July 1, 1992, the
development regulations of each city and county that does
not plan under RCW 36.70A.040 shall not be inconsistent
35.63.125
[Title 35 RCW—page 239]
35.63.126
Title 35 RCW: Cities and Towns
with the city’s or county’s comprehensive plan. For the purposes of this section, "development regulations" has the same
meaning as set forth in RCW 36.70A.030. [1990 1st ex.s. c
17 § 22.]
Additional notes found at www.leg.wa.gov
35.63.126 Development regulations—Jurisdictions
specified—Electric vehicle infrastructure—City retrofitting incentive programs. (1) By July 1, 2010, the development regulations of any jurisdiction:
(a) Adjacent to Interstate 5, Interstate 90, Interstate 405,
or state route number 520, with a population over twenty
thousand, and located in a county with a population over one
million five hundred thousand; or
(b) Adjacent to Interstate 5 and located in a county with
a population greater than six hundred thousand; or
(c) Adjacent to Interstate 5 and located in a county with
a state capitol within its borders;
planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt
and apply other development regulations that do not have the
effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(2) By July 1, 2011, or six months after the distribution
required under RCW 43.31.970 occurs, whichever is later,
the development regulations of any jurisdiction adjacent to
Interstate 5, Interstate 90, Interstate 405, or state route number 520 planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for
residential or resource use or critical areas. A jurisdiction
may adopt and apply other development regulations that do
not have the effect of precluding the siting of electric vehicle
infrastructure in areas where that use is allowed.
(3) By July 1, 2011, or six months after the distribution
required under RCW 43.31.970 occurs, whichever is later,
the development regulations of any jurisdiction planning
under this chapter must allow battery charging stations as a
use in all areas except those zoned for residential or resource
use or critical areas. A jurisdiction may adopt and apply
other development regulations that do not have the effect of
precluding the siting of electric vehicle infrastructure in areas
where that use is allowed.
(4) Cities are authorized to adopt incentive programs to
encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives
may include bonus height, site coverage, floor area ratio, and
transferable development rights for use in urban growth
areas.
(5) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies
designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with
rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated
facility that will enable an electric vehicle with a swappable
battery to enter a drive lane and exchange the depleted battery
35.63.126
[Title 35 RCW—page 240]
with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with
rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures,
machinery, and equipment necessary and integral to support
an electric vehicle, including battery charging stations, rapid
charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade
electrical outlet that allows for faster recharging of electric
vehicle batteries through higher power levels, which meets or
exceeds any standards, codes, and regulations set forth by
chapter 19.28 RCW and consistent with rules adopted under
RCW 19.27.540.
(6) If federal funding for public investment in electric
vehicles, electric vehicle infrastructure, or alternative fuel
distribution infrastructure is not provided by February 1,
2010, subsection (1) of this section is null and void. [2009 c
459 § 9.]
Finding—Purpose—2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090.
35.63.127 Development regulations—Jurisdictions
specified—Electric vehicle infrastructure—County retrofitting incentive programs. (1) By July 1, 2010, the development regulations of any jurisdiction with a population over
six hundred thousand or with a state capitol within its borders
planning under this chapter must allow electric vehicle infrastructure as a use in all areas within one mile of Interstate 5,
Interstate 90, Interstate 405, or state route number 520,
except those zoned for residential or resource use or critical
areas. A jurisdiction may adopt and apply other development
regulations that do not have the effect of precluding the siting
of electric vehicle infrastructure in areas where that use is
allowed.
(2) By July 1, 2011, or six months after the distribution
required under RCW 43.31.970 occurs, whichever is later,
the development regulations of any jurisdiction adjacent to
Interstate 5, Interstate 90, Interstate 405, or state route number 520 planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for
residential or resource use or critical areas. A jurisdiction
may adopt and apply other development regulations that do
not have the effect of precluding the siting of electric vehicle
infrastructure in areas where that use is allowed.
(3) By July 1, 2011, or six months after the distribution
required under RCW 43.31.970 occurs, whichever is later,
the development regulations of any jurisdiction planning
under this chapter must allow battery charging stations as a
use in all areas except those zoned for residential or resource
use or critical areas. A jurisdiction may adopt and apply
other development regulations that do not have the effect of
precluding the siting of electric vehicle infrastructure in areas
where that use is allowed.
(4) Counties are authorized to adopt incentive programs
to encourage the retrofitting of existing structures with the
electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area
ratio, and transferable development rights for use in urban
growth areas.
35.63.127
(2010 Ed.)
Planning Commissions
(5) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies
designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with
rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated
facility that will enable an electric vehicle with a swappable
battery to enter a drive lane and exchange the depleted battery
with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with
rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures,
machinery, and equipment necessary and integral to support
an electric vehicle, including battery charging stations, rapid
charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade
electrical outlet that allows for faster recharging of electric
vehicle batteries through higher power levels, which meets or
exceeds any standards, codes, and regulations set forth by
chapter 19.28 RCW and consistent with rules adopted under
RCW 19.27.540.
(6) If federal funding for public investment in electric
vehicles, electric vehicle infrastructure, or alternative fuel
distribution infrastructure is not provided by February 1,
2010, subsection (1) of this section is null and void. [2009 c
459 § 13.]
Finding—Purpose—2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090.
35.63.130 Hearing examiner system—Adoption
authorized—Alternative—Functions—Procedures. (1)
As an alternative to those provisions of this chapter relating
to powers or duties of the planning commission to hear and
report on any proposal to amend a zoning ordinance, the legislative body of a city or county may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is
not of general applicability. In addition, the legislative body
may vest in a hearing examiner the power to hear and decide
those issues it believes should be reviewed and decided by a
hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for
or pertaining to development of land or land use;
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative body shall prescribe procedures to be followed by the hearing examiner.
(2) Each city or county legislative body electing to use a
hearing examiner pursuant to this section shall by ordinance
specify the legal effect of the decisions made by the examiner. The legal effect of such decisions may vary for the dif35.63.130
(2010 Ed.)
35.63.150
ferent classes of applications decided by the examiner but
shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the
legislative body; or
(c) Except in the case of a rezone, the decision may be
given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be in
writing and shall include findings and conclusions, based on
the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision
would carry out and conform to the city’s or county’s comprehensive plan and the city’s or county’s development regulations. Each final decision of a hearing examiner, unless a
longer period is mutually agreed to in writing by the applicant
and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
[1995 c 347 § 423; 1994 c 257 § 8; 1977 ex.s. c 213 § 1.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Additional notes found at www.leg.wa.gov
35.63.140 Residential care facilities—Review of need
and demand—Adoption of ordinances. Each municipality
that does not provide for the siting of residential care facilities in zones or areas that are designated for single family or
other residential uses, shall conduct a review of the need and
demand for the facilities, including the cost of any conditional or special use permit that may be required. The review
shall be completed by August 31, 1990. A copy of the findings, conclusions, and recommendations resulting from the
review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 427 § 36.]
35.63.140
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of
community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Additional notes found at www.leg.wa.gov
35.63.150 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia River Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by a
county or city pursuant to this chapter shall be subject to and
in conformity with the requirements of chapter 43.97 RCW,
including the Interstate Compact adopted by RCW
43.97.015, and with the management plan regulations and
ordinances adopted by the Columbia River Gorge commission pursuant to the Compact. [1987 c 499 § 6.]
35.63.150
[Title 35 RCW—page 241]
35.63.160
Title 35 RCW: Cities and Towns
35.63.160 Regulation of manufactured homes—Definitions. (1) A "designated manufactured home" is a manufactured home constructed after June 15, 1976, in accordance
with state and federal requirements for manufactured homes,
which:
(a) Is comprised of at least two fully enclosed parallel
sections each of not less than twelve feet wide by thirty-six
feet long;
(b) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar
roof of nominal 3:12 pitch; and
(c) Has exterior siding similar in appearance to siding
materials commonly used on conventional site-built uniform
building code single-family residences.
(2) "New manufactured home" means any manufactured
home required to be titled under Title 46 RCW, which has not
been previously titled to a retail purchaser, and is not a "used
mobile home" as defined in RCW 82.45.032(2).
(3) Nothing in this section precludes cities from allowing
any manufactured home from being sited on individual lots
through local standards which differ from the designated
manufactured home or new manufactured home as described
in this section, except that the term "designated manufactured
home" and "new manufactured home" shall not be used
except as defined in subsections (1) and (2) of this section.
[2004 c 256 § 5; 1988 c 239 § 1.]
35.63.160
Findings—Intent—Effective date—2004 c 256: See notes following
RCW 35.21.684.
35.63.161 Manufactured housing communities—
Elimination of existing community by city prohibited.
After June 10, 2004, a city may designate a new manufactured housing community as a nonconforming use, but may
not order the removal or phased elimination of an existing
manufactured housing community because of its status as a
nonconforming use. [2004 c 210 § 1.]
35.63.161
35.63.170 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 35.22.660, 35.63.180, 35A.63.210,
36.32.520, and 36.70.675:
(1) "Family day care home" means a person regularly
providing care during part of the twenty-four-hour day to six
or fewer children in the family abode of the person or persons
under whose direct care the children are placed.
(2) "Mini-day care center" means a person or agency
providing care during part of the twenty-four-hour day to
twelve or fewer children in a facility other than the family
abode of the person or persons under whose direct care the
children are placed, or for the care of seven through twelve
children in the family abode of such person or persons.
(3) "Day care center" means a person or agency that provides care for thirteen or more children during part of the
twenty-four-hour day.
(4) "Child care facility" means a family day care home,
mini-day care center, and day care center. [1989 c 335 § 3.]
35.63.170
Findings—1989 c 335: "The legislature finds that:
(1) A majority of women with preschool and school age children in
Washington state are working outside of the home and are in need of child
care services for their children;
(2) The supply of licensed child care facilities in Washington state is
insufficient to meet the growing demand for child care services;
[Title 35 RCW—page 242]
(3) The most convenient location of child care facilities for many
working families is near the family’s home or workplace." [1989 c 335 § 1.]
Purpose—1989 c 335: "The purpose of this act is to encourage the dispersion of child care facilities throughout cities and counties in Washington
state so that child care services are available at convenient locations to working parents." [1989 c 335 § 2.]
Additional notes found at www.leg.wa.gov
35.63.180 Child care facilities—Review of need and
demand—Adoption of ordinances. Each municipality that
does not provide for the siting of family day care homes in
zones or areas that are designated for single family or other
residential uses, and for the siting of mini-day care centers
and day care centers in zones or areas that are designated for
any residential or commercial uses, shall conduct a review of
the need and demand for child care facilities, including the
cost of any conditional or special use permit that may be
required. The review shall be completed by August 31, 1990.
A copy of the findings, conclusions, and recommendations
resulting from the review shall be sent to the *department of
community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans
and zones under this chapter shall have adopted an ordinance
or ordinances that are necessary to implement the findings of
this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not
adopted. [1989 c 335 § 4.]
35.63.180
*Reviser’s note: Powers, duties, and functions of the department of
community development and the department of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of
community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—1989 c 335: See notes following
RCW 35.63.170.
Definitions for RCW 35.63.180: See RCW 35.63.170.
35.63.185 Family day-care provider’s home facility—City may not prohibit in residential or commercial
area—Conditions. (1) Except as provided in subsections (2)
and (3) of this section, no city may enact, enforce, or maintain
an ordinance, development regulation, zoning regulation, or
official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned
for residential or commercial use, as a family day-care provider’s home facility.
(2) A city may require that the facility: (a) Comply with
all building, fire, safety, health code, and business licensing
requirements; (b) conform to lot size, building size, setbacks,
and lot coverage standards applicable to the zoning district
except if the structure is a legal nonconforming structure; (c)
is certified by the department of early learning licensor as
providing a safe passenger loading area; (d) include signage,
if any, that conforms to applicable regulations; and (e) limit
hours of operations to facilitate neighborhood compatibility,
while also providing appropriate opportunity for persons who
use family day-care and who work a nonstandard work shift.
(3) A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property
owners have been informed of the intent to locate and main35.63.185
(2010 Ed.)
Zoos and Aquariums
tain such a facility. If a dispute arises between neighbors and
the family day-care provider over licensing requirements, the
licensor may provide a forum to resolve the dispute.
(4) Nothing in this section shall be construed to prohibit
a city from imposing zoning conditions on the establishment
and maintenance of a family day-care provider’s home in an
area zoned for residential or commercial use, so long as such
conditions are no more restrictive than conditions imposed on
other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this
section, "family day-care provider" is as defined in RCW
43.215.010. [2007 c 17 § 10; 2003 c 286 § 3; 1995 c 49 § 1;
1994 c 273 § 14.]
Chapter 35.64
*Reviser’s note: RCW 77.55.290 was recodified as RCW 77.55.181
pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.181.
35.63.240 Planning regulations—Copies provided to
county assessor. By July 31, 1997, a city planning under
RCW 36.70A.040 shall provide to the county assessor a copy
of the city’s comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were
adopted before July 31st of each following year. [1996 c 254
§ 3.]
35.63.240
35.63.250 General aviation airports. Adoption and
amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 § 3.]
35.63.250
35.63.200
35.63.200 Moratoria, interim zoning controls—Public hearing—Limitation on length. A council or board that
adopts a moratorium or interim zoning control, without holding a public hearing on the proposed moratorium or interim
zoning control, shall hold a public hearing on the adopted
moratorium or interim zoning control within at least sixty
days of its adoption, whether or not the council or board
received a recommendation on the matter from the commission. If the council or board does not adopt findings of fact
justifying its action before this hearing, then the council or
board shall do so immediately after this public hearing. A
moratorium or interim zoning control adopted under this section may be effective for not longer than six months, but may
be effective for up to one year if a work plan is developed for
related studies providing for such a longer period. A moratorium or interim zoning control may be renewed for one or
more six-month periods if a subsequent public hearing is held
and findings of fact are made prior to each renewal. [1992 c
207 § 1.]
35.63.210
35.63.210 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under
this chapter shall comply with RCW 43.63A.215(3). [1993 c
478 § 8.]
35.63.220
35.63.220 Treatment of residential structures occupied by persons with handicaps. No city may enact or
maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice
which treats a residential structure occupied by persons with
handicaps differently than a similar residential structure
occupied by a family or other unrelated individuals. As used
in this section, "handicaps" are as defined in the federal fair
housing amendments act of 1988 (42 U.S.C. Sec. 3602).
[1993 c 478 § 20.]
35.63.230
35.63.230 Watershed restoration projects—Permit
processing—Fish habitat enhancement project. A permit
required under this chapter for a watershed restoration project
as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat
enhancement project meeting the criteria of *RCW
77.55.290(1) shall be reviewed and approved according to
the provisions of *RCW 77.55.290. [2003 c 39 § 15; 1998 c
249 § 5; 1995 c 378 § 8.]
(2010 Ed.)
35.63.260 Conditional and special use permit applications by parties licensed or certified by the department
of social and health services or the department of corrections—Mediation prior to appeal required. (1) Prior to filing an appeal of a final decision by a hearing examiner
involving a conditional or special use permit application
requested by a party that is licensed or certified by the department of social and health services or the department of corrections, the aggrieved party must, within five days after the
final decision, initiate formal mediation procedures in an
attempt to resolve the parties’ differences. If, after initial
evaluation of the dispute, the parties agree to proceed with a
mediation, the mediation shall be conducted by a trained
mediator selected by agreement of the parties. The agreement to mediate shall be in writing and subject to chapter
7.07 RCW. If the parties are unable to agree on a mediator,
each party shall nominate a mediator and the mediator shall
be selected by lot from among the nominees. The mediator
must be selected within five days after formal mediation procedures are initiated. The mediation process must be completed within fourteen days from the time the mediator is
selected except that the mediation process may extend
beyond fourteen days by agreement of the parties. The mediator shall, within the fourteen-day period or within the extension if an extension is agreed to, provide the parties with a
written summary of the issues and any agreements reached.
If the parties agree, the mediation report shall be made available to the governing jurisdiction. The cost of the mediation
shall be shared by the parties.
(2) Any time limits for filing of appeals are tolled during
the pendency of the mediation process.
(3) As used in this section, "party" does not include
county, city, or town. [2005 c 172 § 18; 1998 c 119 § 1.]
35.63.260
Short title—Captions not law—Severability—Effective date—-2005
c 172: See RCW 7.07.900 through 7.07.902 and 7.07.904.
Chapter 35.64
Chapter 35.64 RCW
ZOOS AND AQUARIUMS
Sections
35.64.010
35.64.020
Contracts for management and operation—Terms—Public
hearing.
Construction—Collective bargaining agreement not affected.
[Title 35 RCW—page 243]
35.64.010
Title 35 RCW: Cities and Towns
35.64.010 Contracts for management and operation—Terms—Public hearing. (1) If the legislative authority of a city with a population over one hundred fifty thousand that is not in a metropolitan park district contracts with
one or more nonprofit corporations or other public organizations for the overall management and operation of a zoo, an
aquarium, or both, that contract shall be subject to this section. No such contract for the overall management and operation of zoo or aquarium facilities by a nonprofit corporation
or other public organization shall have an initial term or any
renewal term longer than twenty years, but may be renewed
by the legislative authority of the city upon the expiration of
an initial term or any renewal term.
(2) Before approving each initial and any renewal contract with a nonprofit corporation or other public organization
for the overall management and operation of any facilities,
the city legislative authority shall hold a public hearing on the
proposed management and operation by the nonprofit corporation or other public organization. At least thirty days prior
to the hearing, a public notice setting forth the date, time, and
place of the hearing must be published at least once in a local
newspaper of general circulation. Notice of the hearing shall
also be mailed or otherwise delivered to all who would be
entitled to notice of a special meeting of the city legislative
authority under RCW 42.30.080. The notice shall identify the
facilities involved and the nonprofit corporation or other public organization proposed for management and operation
under the contract with the city. The terms and conditions
under which the city proposes to contract with the nonprofit
corporation or other public organization for management and
operation shall be available upon request from and after the
date of publication of the hearing notice and at the hearing,
but after the public hearing the city legislative authority may
amend the proposed terms and conditions at open public
meetings.
(3) As part of the management and operation contract,
the legislative authority of the city may authorize the managing and operating entity to grant to any nonprofit corporation
or public or private organization franchises or concessions
that further the public use and enjoyment of the zoo or aquarium, as the case may be, and may authorize the managing and
operating entity to contract with any public or private organization for any specific services as are routinely so procured
by the city.
(4) Notwithstanding any provision in the charter of the
city so contracting for the overall management and operation
of a zoo or an aquarium, or any other provision of law, the
nonprofit corporation or other public organization with
responsibility for overall management or operation of any
such facilities pursuant to a contract under this section may,
in carrying out that responsibility under such contract, manage, supervise, and control those employees of the city
employed in connection with the zoo or aquarium and may
hire, fire, and otherwise discipline those employees. Notwithstanding any provision in the charter of the city so contracting
for the overall management and operation of a zoo or an
aquarium, or any other provision of law, the civil service system of any such city shall provide for the nonprofit corporation or other public organization to manage, supervise, control, hire, fire, and otherwise discipline those employees of
the city employed in connection with the zoo or aquarium.
35.64.010
[Title 35 RCW—page 244]
(5) As part of the management and operation contract,
the legislative authority of the city shall provide for oversight
of the managing and operating entity to ensure public
accountability of the entity and its performance in a manner
consistent with the contract. [2000 c 206 § 1.]
35.64.020 Construction—Collective bargaining
agreement not affected. Nothing in this chapter shall be
construed to affect any terms, conditions, or practices contained in a collective bargaining agreement in effect on June
8, 2000. [2000 c 206 § 2.]
35.64.020
Chapter 35.66
Chapter 35.66 RCW
POLICE MATRONS
Sections
35.66.010
35.66.020
35.66.030
35.66.040
35.66.050
Authority to establish.
Appointment.
Assistance by police.
Compensation.
Persons under arrest—Separate quarters.
35.66.010 Authority to establish. There shall be
annexed to the police force of each city in this state having a
population of not less than ten thousand inhabitants one or
more police matrons who, subject to the control of the chief
of police or other proper officer, shall have the immediate
care of all females under arrest and while detained in the city
prison until they are finally discharged therefrom. [1965 c 7
§ 35.66.010. Prior: 1893 c 15 § 1; RRS § 9282.]
35.66.010
35.66.020 Appointment. The police matron or matrons
employed or appointed in accordance with the provisions of
this chapter shall be employed or appointed in the same manner as other regular members of the police departments in the
city where the appointment is made. [1965 c 7 § 35.66.020.
Prior: 1939 c 115 § 1; 1893 c 15 § 4; RRS § 9285.] [SLCRO-4]
35.66.020
35.66.030 Assistance by police. Any person on the
police force or, in their absence, any other person present,
must aid and assist the matron when from necessity she may
require it. [1965 c 7 § 35.66.030. Prior: 1893 c 15 § 2; RRS
§ 9283.]
35.66.030
35.66.040 Compensation. A police matron must be
paid such compensation for her services as shall be fixed by
the city council and at such time as may be appointed for the
payment of police officers. [2007 c 218 § 68; 1965 c 7 §
35.66.040. Prior: 1893 c 15 § 6; RRS § 9287.]
35.66.040
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
35.66.050 Persons under arrest—Separate quarters.
For the purpose of effecting the main object of this chapter,
no member of one sex under arrest shall be confined in the
same cell or apartment of the city jail or prison, with any
member of the other sex whatever. [1973 1st ex.s. c 154 § 53;
1965 c 7 § 35.66.050. Prior: 1893 c 15 § 3; RRS § 9284.]
35.66.050
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Sewerage Systems—Refuse Collection and Disposal
Chapter 35.67 RCW
SEWERAGE SYSTEMS—REFUSE COLLECTION
AND DISPOSAL
Chapter 35.67
Sections
35.67.010
35.67.020
35.67.022
35.67.025
35.67.030
35.67.065
35.67.110
35.67.120
35.67.130
35.67.140
35.67.150
35.67.160
35.67.170
35.67.180
35.67.190
35.67.194
35.67.200
35.67.210
35.67.215
35.67.220
35.67.230
35.67.240
35.67.250
35.67.260
35.67.270
35.67.280
35.67.290
35.67.300
35.67.310
35.67.331
35.67.340
35.67.350
35.67.360
35.67.370
35.67.380
Definitions—"System of sewerage," "public utility."
Authority to construct system and fix rates and charges—Classification of services and facilities—Assistance for lowincome persons.
Extension outside city subject to review by boundary review
board.
Public property subject to rates and charges for storm water
control facilities.
Adoption of plan—Ordinance.
General obligation bonds—Issuance.
General obligation bonds—Payment—Revenue from service
charges.
Revenue bond fund—Authority to establish.
Revenue bond fund—Limitations upon creation.
Revenue bonds—Authority—Denominations—Terms.
Revenue bonds—Signatures—Form.
Revenue bonds—Obligation against fund, not city.
Revenue bonds—Sale of—Other disposition.
Revenue bonds—Remedy of owners.
Revenues from system—Classification of services—Minimum rates—Compulsory use.
Revenue bonds validated.
Sewerage lien—Authority.
Sewerage lien—Extent—Notice.
Sewerage lien—Extension of coverage.
Sewerage lien foreclosure—Parts—Tracts.
Sewerage lien foreclosure—Limitation on time of commencement.
Sewerage lien foreclosure—Procedure.
Sewerage lien foreclosure—Trial.
Sewerage lien foreclosure—Redemption.
Sewerage sale acquired property—Disposition.
Sewerage sale acquired property—Payment of delinquent
taxes.
Sewerage lien—Enforcement—Alternative method.
Water-sewer districts and municipalities—Joint agreements.
Sewers—Outside city connections.
Water, sewerage, garbage systems—Combined facilities.
Statutes governing combined facility.
Penalty for sewer connection without permission.
Conservation of storm water and sewer services—Use of public moneys.
Mobile home parks—Replacement of septic systems—
Charges for unused sewer service.
Cooperative watershed management.
Assessments and charges against state lands: Chapter 79.44 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Prepayment of taxes and assessments: RCW 35.21.650.
Sewer facilities act: Chapter 35.91 RCW.
Sewerage improvement districts: Chapter 85.08 RCW.
35.67.010 Definitions—"System of sewerage," "public utility." A "system of sewerage" means and may include
any or all of the following:
(1) Sanitary sewage collection, treatment, and/or disposal facilities and services, on-site or off-site sanitary sewerage facilities, inspection services and maintenance services
for public or private on-site systems, or any other means of
sewage treatment and disposal approved by the city;
(2) Combined sanitary sewage disposal and storm or surface water sewers;
(3) Storm or surface water sewers;
(4) Outfalls for storm drainage or sanitary sewage and
works, plants, and facilities for storm drainage or sanitary
sewage treatment and disposal, and rights and interests in
property relating to the system;
(5) Combined water and sewerage systems;
35.67.010
(2010 Ed.)
35.67.020
(6) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and
programs operated by a city or town;
(7) Public restroom and sanitary facilities; and
(8) Any combination of or part of any or all of such facilities.
The words "public utility" when used in this chapter has
the same meaning as the words "system of sewerage." [1997
c 447 § 7; 1965 c 110 § 1; 1965 c 7 § 35.67.010. Prior: 1955
c 266 § 2; prior: 1941 c 193 § 1, part; Rem. Supp. 1941 §
9354-4, part.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
35.67.020 Authority to construct system and fix rates
and charges—Classification of services and facilities—
Assistance for low-income persons. (1) Every city and
town may construct, condemn and purchase, acquire, add to,
maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together
with additions, extensions, and betterments thereto, within
and without its limits. Every city and town has full jurisdiction and authority to manage, regulate, and control them and,
except as provided in subsection (3) of this section, to fix,
alter, regulate, and control the rates and charges for their use.
(2) Subject to subsection (3) of this section, the rates
charged under this section must be uniform for the same class
of customers or service and facilities furnished. In classifying customers served or service and facilities furnished by
such system of sewerage, the city or town legislative body
may in its discretion consider any or all of the following factors:
(a) The difference in cost of service and facilities to the
various customers;
(b) The location of the various customers within and
without the city or town;
(c) The difference in cost of maintenance, operation,
repair, and replacement of the various parts of the system;
(d) The different character of the service and facilities
furnished various customers;
(e) The quantity and quality of the sewage delivered and
the time of its delivery;
(f) The achievement of water conservation goals and the
discouragement of wasteful water use practices;
(g) Capital contributions made to the system, including
but not limited to, assessments;
(h) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user; and
(i) Any other matters which present a reasonable difference as a ground for distinction.
(3) The rate a city or town may charge under this section
for storm or surface water sewer systems or the portion of the
rate allocable to the storm or surface water sewer system of
combined sanitary sewage and storm or surface water sewer
systems shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate
reductions in excess of ten percent dependent upon the
amount of rainwater harvested.
35.67.020
[Title 35 RCW—page 245]
35.67.022
Title 35 RCW: Cities and Towns
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the
development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid lowincome persons in connection with services provided under
this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner’s agent, or trained owner. Training must
occur in a program approved by the state board of health or
by a local health officer.
(7) Before adopting on-site inspection and maintenance
utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area
that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for the
service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or
repair services under this section using city or town employees unless the on-site system is connected by a publicly
owned collection system to the city or town’s sewerage system, and the on-site system represents the first step in the
sewage disposal process. Nothing in this section shall affect
the authority of state or local health officers to carry out their
responsibilities under any other applicable law. [2003 c 394
§ 1; 1997 c 447 § 8; 1995 c 124 § 3; 1991 c 347 § 17; 1965 c
7 § 35.67.020. Prior: 1959 c 90 § 1; 1955 c 266 § 3; prior:
1941 c 193 § 1, part; Rem. Supp. 1941 § 9354-4, part.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Purposes—1991 c 347: See note following RCW 90.42.005.
Additional notes found at www.leg.wa.gov
35.67.022
35.67.022 Extension outside city subject to review by
boundary review board. The extension of sewer facilities
outside of the boundaries of a city or town may be subject to
potential review by a boundary review board under chapter
36.93 RCW. [1989 c 84 § 32.]
35.67.025
35.67.025 Public property subject to rates and
charges for storm water control facilities. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state
property, shall be subject to rates and charges for storm water
control facilities to the same extent private persons and private property are subject to such rates and charges that are
imposed by cities and towns pursuant to RCW 35.67.020. In
setting these rates and charges, consideration may be made of
in-kind services, such as stream improvements or donation of
property. [1986 c 278 § 55; 1983 c 315 § 1.]
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
[Title 35 RCW—page 246]
Rates and charges for storm water control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.92.021,
36.89.085, and 36.94.145.
Additional notes found at www.leg.wa.gov
35.67.030 Adoption of plan—Ordinance. Whenever
the legislative body of any city or town, shall deem it advisable that such city or town shall purchase, acquire or construct any public utility mentioned in RCW 35.67.020, or
make any additions, betterments, or alterations thereto, or
extensions thereof, such legislative body shall provide therefor by ordinance, which shall specify and adopt the system or
plan proposed, and declare the estimated cost thereof as near
as may be. [1985 c 445 § 1; 1965 c 7 § 35.67.030. Prior:
1941 c 193 § 2; Rem. Supp. 1941 § 9354-5.]
35.67.030
Elections: Title 29A RCW.
Limitations upon indebtedness, how exceeded: State Constitution Art. 7 § 2
(Amendments 55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW,
RCW 84.52.050.
35.67.065 General obligation bonds—Issuance. General obligation bonds issued by a city or town to pay for all or
part of the costs of purchasing, acquiring, or constructing any
public utility mentioned in RCW 35.67.020, or the costs of
making any additions, betterments, or alterations thereto, or
extensions thereof, shall be issued and sold in accordance
with chapter 39.46 RCW. [1985 c 445 § 2.]
35.67.065
35.67.110 General obligation bonds—Payment—
Revenue from service charges. In addition to taxes pledged
to pay the principal of and interest on general obligation
bonds issued to pay for costs of purchasing, acquiring, or
constructing any public utility mentioned in RCW 35.67.020,
or to make any additions, betterments, or alterations thereto,
or extensions thereof, the city or town legislative body, may
set aside into a special fund and pledge to the payment of
such principal and interest any sums or amounts which may
accrue from the collection of service rates and charges for the
private and public use of said sewerage system or systems for
the collection and disposal of refuse, in excess of the cost of
operation and maintenance thereof as constructed or added
to, and the same shall be applied solely to the payment of
such interest and bonds. Such pledge of revenue shall constitute a binding obligation, according to its terms, to continue
the collection of such revenue so long as such bonds or any of
them are outstanding. If the rates and charges are sufficient to
meet the debt service requirements on such bonds no general
tax need be levied. [1985 c 445 § 3; 1965 c 118 § 1; 1965 c 7
§ 35.67.110. Prior: 1941 c 193 § 3, part; Rem. Supp. 1941 §
9354-6, part.]
35.67.110
35.67.120 Revenue bond fund—Authority to establish. After the city or town legislative body adopts a proposition for any such public utility, and either (1) no general
indebtedness has been authorized, or (2) the city or town legislative body does not desire to incur a general indebtedness,
and the legislative body can lawfully proceed without submitting the proposition to a vote of the people, it may create a
special fund or funds for the sole purpose of defraying the
cost of the proposed system, or additions, betterments or
extensions thereto.
35.67.120
(2010 Ed.)
Sewerage Systems—Refuse Collection and Disposal
The city or town legislative body may obligate the city or
town to set aside and pay into this special fund: (1) A fixed
proportion of the gross revenues of the system, or (2) a fixed
amount out of and not exceeding a fixed proportion of the
gross revenues, or (3) a fixed amount without regard to any
fixed proportion, and (4) amounts received from any utility
local improvement district assessments pledged to secure
such bonds. [1967 c 52 § 24; 1965 c 7 § 35.67.120. Prior:
1941 c 193 § 4, part; Rem. Supp. 1941 § 9354-7, part.]
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
35.67.130
35.67.130 Revenue bond fund—Limitations upon
creation. In creating the special fund, the city or town legislative body shall have due regard to the cost of operation and
maintenance of the system as constructed or added to, and to
any proportion or part of the revenue previously pledged as a
fund for the payment of bonds, warrants and other indebtedness. It shall not set aside into the special fund a greater
amount or proportion of the revenue and proceeds than in its
judgment will be available over and above the cost of maintenance and operation and the amount or proportion of the
revenue so previously pledged. [1965 c 7 § 35.67.130. Prior:
1941 c 193 § 4, part; Rem. Supp. 1941 § 9354-7, part.]
35.67.140
35.67.140 Revenue bonds—Authority—Denominations—Terms. A city or town may issue revenue bonds
against the special fund or funds created solely from revenues. The revenue bonds so issued shall: (1) Be registered
bonds as provided in RCW 39.46.030 or coupon bonds, (2)
be issued in denominations of not less than one hundred dollars nor more than one thousand dollars, (3) be numbered
from one upwards consecutively, (4) bear the date of their
issue, (5) be serial in form finally maturing not more than
thirty years from their date, (6) bear interest at the rate or
rates as authorized by the legislative body of the city or town,
payable annually or semiannually, (7) be payable as to principal and interest at such place as may be designated therein,
and (8) shall state upon their face that they are payable from
a special fund, naming it and the ordinance creating it: PROVIDED, That such bonds may also be issued and sold in
accordance with chapter 39.46 RCW. [1983 c 167 § 59; 1970
ex.s. c 56 § 43; 1969 ex.s. c 232 § 71; 1965 c 7 § 35.67.140.
Prior: 1941 c 193 § 4, part; Rem. Supp. 1941 § 9354-7, part.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
35.67.150
35.67.150 Revenue bonds—Signatures—Form.
Every revenue bond and any coupon shall be signed by the
mayor and attested by the clerk. The seal of the city or town
shall be attached to all bonds but not to any coupons. Signatures on any coupons may be printed or may be the lithographic facsimile of the signatures. The bonds shall be
printed, engraved or lithographed upon good bond paper.
[1983 c 167 § 60; 1965 c 7 § 35.67.150. Prior: 1941 c 193 §
4, part; Rem. Supp. 1941 § 9354-7, part.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
35.67.190
35.67.160 Revenue bonds—Obligation against fund,
not city. Revenue bonds or warrants and interest shall be
payable only out of the special fund. Every bond or warrant
and interest thereon issued against the special fund shall be a
valid claim of the holder thereof only as against that fund and
its fixed proportion of the amount of revenue pledged to the
fund, and shall not constitute an indebtedness of the city or
town. Every warrant as well as every bond shall state on its
face that it is payable from a special fund, naming it and the
ordinance creating it. [1965 c 7 § 35.67.160. Prior: 1941 c
193 § 4, part; Rem. Supp. 1941 § 9354-7, part.]
35.67.160
35.67.170 Revenue bonds—Sale of—Other disposition. Revenue bonds and warrants may be sold in any manner the city or town legislative body deems for the best interests of the city or town. The legislative body may provide in
any contract for the construction or acquisition of a proposed
utility that payment therefor shall be made only in revenue
bonds and warrants at their par value. [1965 c 7 § 35.67.170.
Prior: 1941 c 193 § 4, part; Rem. Supp. 1941 § 9354-7, part.]
35.67.170
35.67.180 Revenue bonds—Remedy of owners. If a
city or town fails to set aside and pay into the special fund
created for the payment of revenue bonds and warrants the
amount which it has obligated itself in the ordinance creating
the fund to set aside and pay therein, the owner of any bond
or warrant issued against the fund may bring suit against the
city or town to compel it to do so. [1983 c 167 § 61; 1965 c
7 § 35.67.180. Prior: 1941 c 193 § 4, part; Rem. Supp. 1941
c 9354-7, part.]
35.67.180
Additional notes found at www.leg.wa.gov
35.67.190 Revenues from system—Classification of
services—Minimum rates—Compulsory use. The legislative body of such city or town may provide by ordinance for
revenues by fixing rates and charges for the furnishing of service to those served by its system of sewerage or system for
refuse collection and disposal, which rates and charges shall
be uniform for the same class of customer or service. In classifying customers served or service furnished by such system
of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: (1) The
difference in cost of service to the various customers; (2) the
location of the various customers within and without the city
or town; (3) the difference in cost of maintenance, operation,
repair, and replacement of the various parts of the system; (4)
the different character of the service furnished various customers; (5) the quantity and quality of the sewage delivered
and the time of its delivery; (6) capital contributions made to
the system, including but not limited to, assessments; (7) the
nonprofit public benefit status, as defined in RCW 24.03.490,
of the land user; and (8) any other matters which present a
reasonable difference as a ground for distinction.
If special indebtedness bonds or warrants are issued
against the revenues, the legislative body shall by ordinance
fix charges at rates which will be sufficient to take care of the
costs of maintenance and operation, bond and warrant principal and interest, sinking fund requirements, and all other
expenses necessary for efficient and proper operation of the
system.
35.67.190
[Title 35 RCW—page 247]
35.67.194
Title 35 RCW: Cities and Towns
All property owners within the area served by such sewerage system shall be compelled to connect their private
drains and sewers with such city or town system, under such
penalty as the legislative body of such city or town may by
ordinance direct. Such penalty may in the discretion of such
legislative body be an amount equal to the charge that would
be made for sewer service if the property was connected to
such system. All penalties collected shall be considered revenue of the system. [1995 c 124 § 4; 1965 c 7 § 35.67.190.
Prior: 1959 c 90 § 2; 1941 c 193 § 5; Rem. Supp. 1941 §
9354-8.]
35.67.194 Revenue bonds validated. Any and all
water, sewer, or water and sewer revenue bonds part or all of
which may have been heretofore (prior to June 8, 1955)
issued by any city or town for the purpose of providing funds
to pay part or all of the cost of acquiring, constructing, or
installing a system of storm or surface water sewers or any
part thereof necessary for the proper and efficient operation
of a system of sanitary sewage disposal sewers or a sanitary
sewage treatment plant, the proceedings for the issuance of
which were valid in all other respects, are approved, ratified
and validated, and are declared to be legal and binding obligations of such city or town, both principal of and interest on
which are payable only out of the revenues of the utility or
utilities pledged for such payment. [1965 c 7 § 35.67.194.
Prior: 1955 c 266 § 5.]
Notice is hereby given that the city (or town) of . . . . . .
has and claims a lien for sewer charges against the following
described premises situated in . . . . . . county, Washington, to
wit:
(here insert legal description of premises)
Said lien is claimed for not exceeding six months such
charges and interest now delinquent, amount to $. . . . . ., and
is also claimed for future sewerage charges against said premises.
Dated . . . . . . . . . . . . . . . . . . . .
City (or town) of . . . . . . . . . . .
By . . . . . . . . . . . . . . . . . . . . . . ."
35.67.194
35.67.200 Sewerage lien—Authority. Cities and
towns owning their own sewer systems shall have a lien for
delinquent and unpaid rates and charges for sewer service,
penalties levied pursuant to RCW 35.67.190, and connection
charges, including interest thereon, against the premises to
which such service has been furnished or is available, which
lien shall be superior to all other liens and encumbrances
except general taxes and local and special assessments. The
city or town by ordinance may provide that delinquent
charges shall bear interest at not exceeding eight percent per
annum computed on a monthly basis: PROVIDED, That a
city or town using the property tax system for utility billing
may, by resolution or ordinance, adopt the alternative lien
procedure as set forth in RCW 35.67.215. [1991 c 36 § 2;
1965 c 7 § 35.67.200. Prior: 1959 c 90 § 4; prior: 1941 c 193
§ 6, part; Rem. Supp. 1941 § 9354-9, part.]
35.67.200
35.67.210 Sewerage lien—Extent—Notice. The sewerage lien shall be effective for a total of not to exceed six
months’ delinquent charges without the necessity of any writing or recording. In order to make such lien effective for more
than six months’ charges the city or town treasurer, clerk, or
official charged with the administration of the affairs of the
utility shall cause to be filed for record in the office of the
county auditor of the county in which such city or town is
located, a notice in substantially the following form:
35.67.210
"Sewerage lien notice
City (or town) of . . . . . . . . . . . . . . . . . . . . . . . .
vs.
. . . . . . . . . . . . . . . . . . . . . . . . . reputed owner.
[Title 35 RCW—page 248]
The lien notice may be signed by the city or town treasurer or clerk or other official in charge of the administration
of the utility. The lien notice shall be recorded as prescribed
by law for the recording of mechanics’ liens. [1965 c 7 §
35.67.210. Prior: 1959 c 90 § 5; prior: 1941 c 193 § 6, part;
Rem. Supp. 1941 § 9354-9, part.]
35.67.215 Sewerage lien—Extension of coverage.
Any city or town may, by resolution or ordinance, provide
that the sewerage lien shall be effective for a total not to
exceed one year’s delinquent service charges without the
necessity of any writing or recording of the lien with the
county auditor, in lieu of the provisions provided for in RCW
35.67.210. [1991 c 36 § 3.]
35.67.215
35.67.220 Sewerage lien foreclosure—Parts—Tracts.
The city or town may foreclose its sewerage lien in an action
in the superior court. All or any of the tracts subject to the lien
may be proceeded against in the same action, and all parties
appearing of record as owning or claiming to own, having or
claiming to have any interest in or lien upon the tracts
involved in the action shall be impleaded in the action as parties defendant. [1965 c 7 § 35.67.220. Prior: 1941 c 193 § 7,
part; Rem. Supp. 1941 § 9354-10, part.]
35.67.220
35.67.230 Sewerage lien foreclosure—Limitation on
time of commencement. An action to foreclose a sewerage
lien pursuant to a lien notice filed as required by law must be
commenced within two years from the date of the filing
thereof.
An action to foreclose a six months’ lien may be commenced at any time after six months subsequent to the furnishing of the sewerage service for which payment has not
been made. [1965 c 7 § 35.67.230. Prior: 1941 c 193 § 7,
part; Rem. Supp. 1941 § 9354-10, part.]
35.67.230
35.67.240 Sewerage lien foreclosure—Procedure.
The service of summons, and all other proceedings except as
herein otherwise prescribed including appeal, order of sale,
sale, redemption, and issuance of deed, shall be governed by
the statutes now or hereafter in force relating to the foreclosure of mortgages on real property. The terms "judgment
debtor" or "successor in interest" in the statutes governing
redemption when applied herein shall include an owner or a
vendee. [1965 c 7 § 35.67.240. Prior: 1941 c 193 § 7, part;
Rem. Supp. 1941 § 9354-10, part.]
35.67.240
(2010 Ed.)
Sewerage Systems—Refuse Collection and Disposal
35.67.250 Sewerage lien foreclosure—Trial. A sewerage lien foreclosure action shall be tried before the court
without a jury. The court may allow in addition to interest on
the service charges at a rate not exceeding eight percent per
year from date of delinquency, costs and disbursements as
provided by statute and such attorneys’ fees as the court may
adjudge reasonable.
If the owners and parties interested in any particular tract
default, the court may enter judgment of foreclosure and sale
as to such parties and tracts and the action may proceed as to
the remaining defendants and tracts. The judgment shall
specify separately the amount of the sewerage charges, with
interest, penalty and costs chargeable to each tract. The judgment shall have the effect of a separate judgment as to each
tract described in the judgment, and any appeal shall not
invalidate or delay the judgment except as to the property
concerning which the appeal is taken. In the judgment the
court shall order the tracts therein described sold at one general sale, and an order of sale shall issue pursuant thereto for
the enforcement of the judgment. Judgment may be entered
as to any one or more separate tracts involved in the action,
and the court shall retain jurisdiction of other properties.
[1965 c 7 § 35.67.250. Prior: 1941 c 193 § 7, part; Rem.
Supp. 1941 § 9354-10, part.]
35.67.250
35.67.260 Sewerage lien foreclosure—Redemption.
All sales shall be subject to the right of redemption within
one year from date of sale. [1965 c 7 § 35.67.260. Prior:
1941 c 193 § 7, part; Rem. Supp. 1941 § 9354-10, part.]
35.67.260
35.67.270 Sewerage sale acquired property—Disposition. At any time after deed is issued to it pursuant to lien,
a city or town may lease or sell or convey any property at
public or private sale for such price and on such terms as may
be determined by resolution of the city or town legislative
body, any provision of law, charter or ordinance to the contrary notwithstanding. [1965 c 7 § 35.67.270. Prior: 1941 c
193 § 8; Rem. Supp. 1941 § 9354-11.]
35.67.270
35.67.280 Sewerage sale acquired property—Payment of delinquent taxes. After the entry of judgment of
foreclosure against any tract, the city or town may pay delinquent general taxes or purchase certificates of delinquency
for general taxes on the tract or purchase the tract at county
tax foreclosure or from the county after foreclosure.
After entry of judgment of foreclosure against any premises the city or town may pay local or special assessments
which are delinquent or are about to become delinquent and
if the tract has been foreclosed upon for local or special
assessments and the time for redemption has not expired, it
may redeem it.
No moneys shall be expended for the purposes enumerated in this section except upon enactment by the city or town
legislative body of a resolution determining the desirability
or necessity of making the expenditure. [1965 c 7 §
35.67.280. Prior: 1941 c 193 § 9; Rem. Supp. 1941 § 935412.]
35.67.280
35.67.290 Sewerage lien—Enforcement—Alternative method. As an additional and concurrent method of
35.67.290
(2010 Ed.)
35.67.310
enforcing the lien authorized in this chapter any city or town
operating its own municipal water system may provide by
ordinance for the enforcement of the lien by cutting off the
water service from the premises to which such sewer service
was furnished after the charges become delinquent and
unpaid, until the charges are paid.
The right to enforce the lien by cutting off and refusing
water service shall not be exercised after two years from the
date of the recording of sewerage lien notice except to
enforce payment of six months’ charges for which no lien
notice is required to be recorded. [1965 c 7 § 35.67.290.
Prior: 1941 c 193 § 10; Rem. Supp. 1941 § 9354-13.]
35.67.300
35.67.300 Water-sewer districts and municipalities—Joint agreements. Any city, town, or organized and
established water-sewer district owning or operating its own
sewer system, whenever topographic conditions shall make it
feasible and whenever such existing sewer system shall be
adequate therefor in view of the sewerage and drainage
requirements of the property in such city, town, or watersewer district, served or to be served by such system, may
contract with any other city, town, or organized and established water-sewer district for the discharge into its sewer
system of sewage from all or any part or parts of such other
city, town, or water-sewer district upon such terms and conditions and for such periods of time as may be deemed reasonable.
Any city, town, or organized and established watersewer district may contract with any other city, town, or organized and established water-sewer district for the construction and/or operation of any sewer or sewage disposal facilities for the joint use and benefit of the contracting parties
upon such terms and conditions and for such period of time as
the governing bodies of the contracting parties may determine. Any such contract may provide that the responsibility
for the management of the construction and/or maintenance
and operation of any sewer disposal facilities or part thereof
covered by such contract shall be vested solely in one of the
contracting parties, with the other party or parties thereto
paying to the managing party such portion of the expenses
thereof as shall be agreed upon. [1999 c 153 § 37; 1965 c 7 §
35.67.300. Prior: 1947 c 212 § 3; 1941 c 193 § 11; Rem.
Supp. 1947 § 9354-14.]
Additional notes found at www.leg.wa.gov
35.67.310
35.67.310 Sewers—Outside city connections. Every
city or town may permit connections with any of its sewers,
either directly or indirectly, from property beyond its limits,
upon such terms, conditions and payments as may be prescribed by ordinance, which may be required by the city or
town to be evidenced by a written agreement between the city
or town and the owner of the property to be served by the
connecting sewer.
If any such agreement is made and filed with the county
auditor of the county in which said property is located, it shall
constitute a covenant running with the land and the agreements and covenants therein shall be binding on the owner
and all persons subsequently acquiring any right, title or
interest in or to said property.
[Title 35 RCW—page 249]
35.67.331
Title 35 RCW: Cities and Towns
If the terms and conditions of the ordinance or of the
agreement are not kept and performed, or the payments made,
as required, the city or town may disconnect the sewer and for
that purpose may at any time enter upon any public street or
road or upon said property. [1965 c 7 § 35.67.310. Prior:
1941 c 75 § 1; Rem. Supp. 1941 § 9354-19.]
35.67.331 Water, sewerage, garbage systems—Combined facilities. A city or town may by ordinance provide
that its water system, sewerage system, and garbage and
refuse collection and disposal system may be acquired, constructed, maintained and operated jointly, either by combining any two of such systems or all three. All powers granted
to cities and towns to acquire, construct, maintain and operate
such systems may be exercised in the joint acquisition, construction, maintenance and operation of such combined systems: PROVIDED, That if a general indebtedness is to be
incurred to pay a part or all of the cost of construction, maintenance, or operation of such a combined system, no such
indebtedness shall be incurred without such indebtedness
first being authorized by a vote of the people at a special or
general election conducted in the manner prescribed by law:
PROVIDED FURTHER, That nothing in chapter 51, Laws of
1969 ex. sess. shall be construed to supersede charter provisions to the contrary. [1969 ex.s. c 51 § 1.]
35.67.331
35.67.340 Statutes governing combined facility. The
operation by a city or town of a combined facility as provided
for in RCW 35.67.331 shall be governed by the statutes relating to the establishment and maintenance of a city or town
water system if the water system is one of the systems
included in the combined acquisition, construction, or operation; otherwise the combined system shall be governed by the
statutes relating to the establishment and maintenance of a
city or town sewerage system. [1969 ex.s. c 51 § 2; 1965 c 7
§ 35.67.340. Prior: 1941 c 193 § 12, part; Rem. Supp. 1941
§ 9354-15, part.]
35.67.340
35.67.350 Penalty for sewer connection without permission. It is unlawful and a misdemeanor to make or cause
to be made or to maintain any sewer connection with any
sewer of any city or town, or with any sewer which is connected directly or indirectly with any sewer of any city or
town without having permission from the city or town. [1965
c 7 § 35.67.350. Prior: 1943 c 100 § 1; Rem. Supp. 1943 §
9354-20.]
35.67.350
public moneys or credit. The charge-back shall be a lien
against the structure benefited or a security interest in the
equipment benefited. [1998 c 31 § 2.]
Findings—Intent—1998 c 31: "The legislature finds that the voters
approved an amendment to Article VIII, section 10 of the state Constitution
in 1997. The legislature finds that this amendment to the state Constitution
will allow necessary improvements to be made to storm water and sewer services so that less pollution is discharged into the waters of the state, less
treatment will be needed, and capacity for existing treatment systems will be
saved. It is the intent of the legislature to enact legislation that grants specific
authority to units of local government that provide storm water and sewer
services to operate programs that are consistent with the authority granted in
House Joint Resolution No. 4209." [1998 c 31 § 1.]
Additional notes found at www.leg.wa.gov
35.67.370 Mobile home parks—Replacement of septic systems—Charges for unused sewer service. (1) Cities,
towns, or counties may not require existing mobile home
parks to replace existing, functional septic systems with a
sewer system within the community unless the local board of
health determines that the septic system is failing.
(2) Cities, towns, and counties are prohibited from
requiring existing mobile home parks to pay a sewer service
availability charge, standby charge, consumption charge, or
any other similar types of charges associated with available
but unused sewer service, including any interest or penalties
for nonpayment or enforcement charges, until the mobile
home park connects to the sewer service. When a mobile
home park connects to a sewer, cities, towns, and counties
may only charge mobile home parks prospectively from the
date of connection for their sewer service. Chapter 297,
Laws of 2003 is remedial in nature and applies retroactively
to 1993. [2003 c 297 § 1; 1998 c 61 § 1.]
35.67.370
35.67.380 Cooperative watershed management. In
addition to the authority provided in RCW 35.67.020, a city
may, as part of maintaining a system sewerage, participate in
and expend revenue on cooperative watershed management
actions, including watershed management partnerships under
RCW 39.34.210 and other intergovernmental agreements, for
purposes of water supply, water quality, and water resource
and habitat protection and management. [2003 c 327 § 12.]
35.67.380
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Chapter 35.68 RCW
SIDEWALKS, GUTTERS, CURBS, AND
DRIVEWAYS—ALL CITIES AND TOWNS
Chapter 35.68
Sections
35.67.360 Conservation of storm water and sewer
services—Use of public moneys. Any city, code city, town,
county, special purpose district, municipal corporation, or
quasi-municipal corporation that is engaged in the sale or distribution of storm water or sewer services may use public
moneys or credit derived from operating revenues from the
sale of storm water or sewer services to assist the owners of
structures or equipment in financing the acquisition and
installation of materials and equipment, for compensation or
otherwise, for the conservation or more efficient use of storm
water or sewer services in such structures or equipment.
Except for the necessary support of the poor and infirm, an
appropriate charge-back shall be made for the extension of
35.67.360
[Title 35 RCW—page 250]
35.68.010
35.68.020
35.68.030
35.68.040
35.68.050
35.68.060
35.68.070
35.68.075
35.68.076
35.68.080
Authority conferred.
Resolution—Contents.
Resolution—Publication—Notice—Hearing.
"Sidewalk construction fund."
Assessment roll—Hearing—Notice—Confirmation—Appeal.
Method of payment of assessments.
Collection of assessments.
Curb ramps for persons with disabilities—Required—Standards and requirements.
Curb ramps for persons with disabilities—Model standards.
Construction of chapter.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.68.010 Authority conferred. Any city or town,
hereinafter referred to as city, is authorized to construct,
35.68.010
(2010 Ed.)
Sidewalks, Gutters, Curbs, and Driveways—All Cities and Towns
reconstruct, and repair sidewalks, gutters and curbs along and
driveways across sidewalks, which work is hereafter referred
to as the improvement, and to pay the costs thereof from any
available funds, or to require the abutting property owner to
construct the improvement at the owner’s own cost or
expense, or, subject to the limitations in RCW 35.69.020 (2)
and (3), to assess all or any portion of the costs thereof
against the abutting property owner. [1996 c 19 § 1; 1965 c 7
§ 35.68.010. Prior: 1949 c 177 § 1; Rem. Supp. 1949 §
9332a.]
35.68.020 Resolution—Contents. No such improvement shall be undertaken or required except pursuant to a resolution of the council or commission of the city or town,
hereinafter referred to as the city council. The resolution
shall state whether the cost of the improvement shall be borne
by the city or whether all or a specified portion shall be borne
by the city or whether all or a specified portion shall be borne
by the abutting property owner; or whether the abutting
owner is required to construct the improvement at his or her
own cost and expense. If the abutting owner is required to
construct the improvement the resolution shall specify the
time within which the construction shall be commenced and
completed; and further that if the improvement or construction is not undertaken and completed within the time specified that the city will perform or complete the improvement
and assess the cost against the abutting owner. [2009 c 549 §
2117; 1965 c 7 § 35.68.020. Prior: 1949 c 177 § 2; Rem.
Supp. 1949 § 9332b.]
35.68.020
35.68.030 Resolution—Publication—Notice—Hearing. If all or any portion of the cost is to be assessed against
the abutting property owner, or if the abutting property owner
is required to construct the improvement, the resolution shall
fix a time from and after its passage, and a place, for hearing
on the resolution. The resolution shall be published for two
consecutive weeks before the time of hearing in the official
newspaper or regularly published official publication of the
city or town and a notice of the date of the hearing shall be
given each owner or reputed owner of the abutting property
by mailing to the owner or reputed owner of the property as
shown on the tax rolls of the county treasurer, at the address
shown thereon a notice of the date of hearing, the mailing to
be at least ten days before the date fixed for the hearing. If the
publication and mailing is made as herein required, proof
thereof by affidavit shall be filed with the city clerk, comptroller or auditor of the city before the hearing. The hearing
may be postponed from time to time to a definite date until
the hearing is held. At the time of hearing the council shall
hear persons who appear for or against the improvement, and
determine whether it will or will not proceed with the
improvement and whether it will make any changes in the
original plan, and what the changes shall be. This action may
be taken by motion adopted in the usual manner. [1985 c 469
§ 37; 1965 c 7 § 35.68.030. Prior: 1949 c 177 § 3; Rem.
Supp. 1949 § 9332c.]
35.68.030
35.68.070
struction fund No. . . . ." to be numbered differently for each
improvement; and with warrants drawn on this fund the cost
of the respective improvements may be paid. The city may
advance as a loan to the sidewalk construction fund from any
available funds the amounts necessary to pay any costs of the
improvement. When any assessments are made for the
improvement, payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds
are available over the amounts necessary to pay outstanding
warrants any advances or loans made to the fund shall be
repaid. Whenever warrants are drawn on any such fund
which are not paid for want of sufficient funds, they shall be
so stamped and shall bear interest until called and paid at a
rate established by the city council by resolution. [1965 c 7 §
35.68.040. Prior: 1949 c 177 § 4; Rem. Supp. 1949 § 9332d.]
35.68.050 Assessment roll—Hearing—Notice—Confirmation—Appeal. Where all or any portion of the costs
are to be assessed against the abutting property, an assessment roll shall be prepared by the proper city official or by
the city council which shall to the extent necessary be based
on benefits and which shall describe the property assessed,
the name of the owner, if known, otherwise stating that the
owner is unknown and fixing the amount of the assessment.
The assessment roll shall be filed with the city clerk, and
when so filed the council shall by resolution fix a date for
hearing thereon and direct the clerk to give notice of the hearing and the time and place thereof. The notice of hearing shall
be mailed to the person whose name appears on the county
treasurer’s tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published
before the date fixed for the hearing for two consecutive
weeks in the official newspaper or regular official publication
of the city. The notice shall be mailed and first publication
made at least ten days before the hearing date. Proof of mailing and publication shall be made by affidavit and shall be
filed with the city clerk before the date fixed for the hearing.
Following the hearing the city council shall by ordinance
affirm, modify, or reject or order recasting of the assessment
roll. An appeal may be taken to the superior court from the
ordinance confirming the assessment roll in the same manner
as is provided for appeals from the assessment roll by chapters 35.43 to 35.54 RCW, inclusive, as now or hereafter
amended. [1985 c 469 § 38; 1965 c 7 § 35.68.050. Prior:
1949 c 177 § 5; Rem. Supp. 1949 § 9332e.]
35.68.050
35.68.060 Method of payment of assessments. The
city council shall by resolution provide whether the full
amount of the assessment shall be paid in one payment or
whether it may be paid in installments and shall prescribe the
time and amount of such payments; and if more than one payment is provided for, the city council may by resolution provide for interest on unpaid installments and fix the rate
thereof. [1965 c 7 § 35.68.060. Prior: 1949 c 177 § 6; Rem.
Supp. 1949 § 9332f.]
35.68.060
35.68.070 Collection of assessments. The assessment
roll as affirmed or modified by the city council shall be filed
with the city treasurer for collection, and the amount thereof
including interest, if any, shall become a lien against the
35.68.070
35.68.040 "Sidewalk construction fund." When all or
any portion of the cost is to be assessed against the abutting
property owner, the city council may create a "sidewalk con35.68.040
(2010 Ed.)
[Title 35 RCW—page 251]
35.68.075
Title 35 RCW: Cities and Towns
property described therein from the date of such filing.
Whenever any payment on any assessment or installment is
delinquent and unpaid for a period of thirty days or more the
lien may be foreclosed in the same manner and with the same
effect as is provided by chapters 35.43 to 35.54 RCW, inclusive; as now or hereafter amended. Whenever the deed is
issued after the sale therein provided, the regularity, validity
and correctness of the proceedings relating to such improvement and the assessment therefor shall be final and conclusive and no action shall thereafter be brought by or in behalf
of any person to set aside said deed. [1965 c 7 § 35.68.070.
Prior: 1949 c 177 § 7; Rem. Supp. 1949 § 9332g.]
Chapter 35.69
Chapter 35.69 RCW
SIDEWALKS—CONSTRUCTION,
RECONSTRUCTION IN FIRST AND
SECOND-CLASS CITIES
Sections
35.69.010
35.69.020
35.69.030
35.69.040
35.69.050
Definitions.
Resolution of necessity—Liability of abutting property—
Reconstruction.
Notice to owners—Service—Contents—Assessment—Collection.
Abutting property defined.
Construction of chapter.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.69.010 Definitions. The term "street" as used herein
includes boulevard, avenue, street, alley, way, lane, square or
place.
The term "city" includes any city of the first or second
class or any other city of equal population working under a
special charter.
The term "sidewalk" includes any and all pedestrian
structures or forms of improvement for pedestrians included
in the space between the street margin, as defined by a curb
or the edge of the traveled road surface, and the line where
the public right-of-way meets the abutting property. [1996 c
19 § 2; 1994 c 81 § 61; 1965 c 7 § 35.69.010. Prior: 1927 c
203 § 1; RRS § 9332-1.]
35.69.010
35.68.075
35.68.075 Curb ramps for persons with disabilities—
Required—Standards and requirements. (1) The standard
for construction on any county road, or city or town street, for
which curbs in combination with sidewalks, paths, or other
pedestrian access ways are to be constructed, shall be not less
than two ramps per lineal block on or near the crosswalks at
intersections. Such ramps shall be at least thirty-six inches
wide and so constructed as to allow reasonable access to the
crosswalk for physically handicapped persons, without
uniquely endangering blind persons.
(2) Standards set for curb ramping under subsection (1)
of this section shall not apply to any curb existing upon enactment of this section but shall apply to all new curb construction and to all replacement curbs constructed at any point in a
block which gives reasonable access to a crosswalk.
(3) Upon September 21, 1977, every ramp thereafter
constructed under subsection (1) of this section, which serves
one end of a crosswalk, shall be matched by another ramp at
the other end of the crosswalk. However, no ramp shall be
required at the other end of the crosswalk if there is no curb
nor sidewalk at the other end of the crosswalk. Nor shall any
matching ramp constructed pursuant to this subsection
require a subsequent matching ramp. [1989 c 173 § 1; 1977
ex.s. c 137 § 1; 1973 c 83 § 1.]
35.68.076
35.68.076 Curb ramps for persons with disabilities—
Model standards. The department of general administration
shall, pursuant to chapter 34.05 RCW, the Administrative
Procedure Act, adopt several suggested model design, construction, or location standards to aid counties, cities, and
towns in constructing curb ramps to allow reasonable access
to the crosswalk for physically handicapped persons without
uniquely endangering blind persons. The department of general administration shall consult with handicapped persons,
blind persons, counties, cities, and the state building code
council in adopting the suggested standards. [1989 c 175 §
84; 1977 ex.s. c 137 § 2.]
Additional notes found at www.leg.wa.gov
35.68.080
35.68.080 Construction of chapter. This chapter is
supplemental and additional to any and all other laws relating
to construction, reconstruction, and repair of sidewalks, gutters, and curbs along driveways across sidewalks in cities and
towns. [1965 c 7 § 35.68.080. Prior: 1949 c 177 § 8; Rem.
Supp. 1949 § 9332h.]
[Title 35 RCW—page 252]
35.69.020 Resolution of necessity—Liability of abutting property—Reconstruction. (1) Whenever a portion,
not longer than one block in length, of any street in any city
is not improved by the construction of a sidewalk thereon, or
the sidewalk thereon has become unfit or unsafe for purposes
of public travel, and such street adjacent to both ends of said
portion is so improved and in good repair, and the city council of such city by resolution finds that the improvement of
such portion of such street by the construction or reconstruction of a sidewalk thereon is necessary for the public safety
and convenience, the duty, burden, and expense of constructing or reconstructing such sidewalk shall devolve upon the
property directly abutting upon such portion except as provided in subsections (2) and (3) of this section.
(2) An abutting property shall not be charged with any
costs of construction or reconstruction under this chapter, or
under chapter 35.68 or 35.70 RCW, in excess of fifty percent
of the valuation of such abutting property, exclusive of
improvements thereon, according to the valuation last placed
upon it for purposes of general taxation.
(3) An abutting property shall not be charged with any
costs of reconstruction under this chapter, or under chapter
35.68 or 35.70 RCW, if the reconstruction is required to correct deterioration of or damage to the sidewalk that is the
direct result of actions by the city or its agents or to correct
deterioration of or damage to the sidewalk that is the direct
result of the failure of the city to enforce its ordinances.
[1996 c 19 § 3; 1965 c 7 § 35.69.020. Prior: 1927 c 203 § 2;
RRS § 9332-2.]
35.69.020
35.69.030 Notice to owners—Service—Contents—
Assessment—Collection. Whenever the city council of any
such city has adopted such resolution it shall cause a notice to
be served on the owner of the property directly abutting on
35.69.030
(2010 Ed.)
Sidewalks—Construction in Second-Class Cities and Towns
such portion of such street, instructing him or her to construct
or reconstruct a sidewalk on such portion in accordance with
the plans and specifications which shall be attached to such
notice. The notice shall be deemed sufficiently served if
delivered in person to the owner or if left at the home of such
owner with a person of suitable age and discretion then resident therein, or with an agent of such owner, authorized to
collect rentals on such property, or, if the owner is a nonresident of the state of Washington, by mailing a copy to his or
her last known address, or if he or she is unknown or if his or
her address is unknown, then by posting a copy in a conspicuous place at such portion of the street where the improvement is to be made. The notice shall specify a reasonable
time within which such construction or reconstruction shall
be made, and shall state that in case the owner fails to make
the same within such time, the city will proceed to make it
through the officer or department thereof charged with the
inspection of sidewalks and that such officer or department
will report to the city council, at a subsequent date, to be definitely stated in the notice, an assessment roll showing the lot
or parcel of land directly abutting on such portion of the street
so improved, the cost of the improvement, and the name of
the owner, if known, and that the city council at the time
stated in the notice or at the time or times to which the same
may be adjourned, will hear any and all protests against the
proposed assessment. Upon the expiration of the time fixed
within which the owner is required to construct or reconstruct
such sidewalk, if the owner has failed to perform such work,
the city may proceed to perform it, and the officer or department of the city performing the work shall, within the time
fixed in the notice, report to the city council an assessment
roll showing the lot or parcel of land directly abutting on that
portion of the street so improved, the cost of the work, and the
name of the owner, if known. The city council shall, at the
time in such notice designated, or at an adjourned time or
times, assess the cost of such improvement against said property and shall fix the time and manner for payment thereof,
which said assessment shall become a lien upon said property
and shall be collected in the manner as is provided by law for
collection of local improvements assessments under this title.
[2009 c 549 § 2118; 1965 c 7 § 35.69.030. Prior: 1927 c 203
§ 3; RRS § 9332-3.]
35.69.040
35.69.040 Abutting property defined. For the purposes of this chapter all property having a frontage upon the
sides or margins of any street shall be deemed to be abutting
property, and such property shall be chargeable, as provided
herein, for all costs of construction or reconstruction or any
form of sidewalk improvement between the margin of said
street and the roadway lying in front of and adjacent to said
property. [1965 c 7 § 35.69.040. Prior: 1927 c 203 § 4; RRS
§ 9332-4.]
35.69.050
35.69.050 Construction of chapter. Nothing in this
chapter shall be construed to limit or repeal any existing powers of cities with reference to the construction or reconstruction of sidewalks or the improvement or maintenance of
streets, but the power and authority herein granted is to be
exercised concurrent with or in extension of powers and
authority now existing. The legislative authority of any city
(2010 Ed.)
35.70.040
before exercising the powers and authority herein granted
shall, by proper ordinance, provide for the application and
enforcement of the same within the limitations herein specified. [1965 c 7 § 35.69.050. Prior: 1927 c 203 § 5; RRS §
9332-5.]
Chapter 35.70
Chapter 35.70 RCW
SIDEWALKS—CONSTRUCTION IN
SECOND-CLASS CITIES AND TOWNS
Sections
35.70.010
35.70.020
35.70.030
35.70.040
35.70.050
35.70.060
35.70.070
35.70.080
35.70.090
35.70.100
Definitions.
Owners’ responsibility.
Convenience and necessity reported by superintendent.
Council’s resolution and notice—Adoption.
Council’s resolution and notice—Contents.
Notice of resolution and order—Service.
Superintendent to construct and prepare assessment roll.
Hearing on assessment roll—Notice.
Lien of assessments and foreclosure.
Provisions of chapter not exclusive.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.70.010 Definitions. For the purposes of this chapter
all property having a frontage on the side or margin of any
street shall be deemed abutting property, and such property
shall be chargeable, as provided in this chapter, with all costs
of construction of any form of sidewalk improvement,
between the margin of the street, as defined by a curb or the
edge of the traveled road surface, and the line where the public right-of-way meets the abutting property, and the term
sidewalk as used in this chapter shall be construed to mean
and include any and all pedestrian structures or forms of
improvement for pedestrians included in the space between
the street margin, as defined by a curb or the edge of the traveled road surface, and the line where the public right-of-way
meets the abutting property. [1996 c 19 § 4; 1965 c 7 §
35.70.010. Prior: 1915 c 149 § 7; RRS § 9161.]
35.70.010
35.70.020 Owners’ responsibility. In all cities of the
second class and towns the burden and expense of constructing sidewalks along the side of any street or other public
place shall devolve upon and be borne by the property
directly abutting thereon. The cost of reconstructing or
repairing existing sidewalks may devolve upon the abutting
property subject to the limitations in RCW 35.69.020 (2) and
(3). [1996 c 19 § 5; 1994 c 81 § 62; 1965 c 7 § 35.70.020.
Prior: 1915 c 149 § 1; RRS § 9155.]
35.70.020
35.70.030 Convenience and necessity reported by
superintendent. If in the judgment of the officer or department having superintendence of streets and public places,
public convenience or safety requires that a sidewalk be constructed along either side of any street, he or she shall report
the fact to the city or town council immediately. [2009 c 549
§ 2119; 1965 c 7 § 35.70.030. Prior: 1915 c 149 § 2, part;
RRS § 9156, part.]
35.70.030
35.70.040 Council’s resolution and notice—Adoption. If upon receiving a report from the proper officer, the
city or town council deems the construction of the proposed
sidewalk necessary or convenient for the public it shall by an
35.70.040
[Title 35 RCW—page 253]
35.70.050
Title 35 RCW: Cities and Towns
appropriate resolution order the sidewalk constructed and
shall cause a written notice to be served upon the owner of
each parcel of land abutting upon that portion and side of the
street where the sidewalk is constructed requiring him or her
to construct the sidewalk in accordance with the resolution.
[2009 c 549 § 2120; 1965 c 7 § 35.70.040. Prior: 1915 c 149
§ 2, part; RRS § 9156, part.]
35.70.050 Council’s resolution and notice—Contents. The resolution and notice and order to construct a sidewalk shall:
(1) Describe each parcel of land abutting upon that portion and side of the street where the sidewalk is ordered to be
constructed,
(2) Specify the kind of sidewalk required, its size and
dimensions, the method and material to be used in construction,
(3) Contain an estimate of the cost thereof, and
(4) State that unless the sidewalk is constructed in compliance with the notice, and within a reasonable time therein
specified, the city or town will construct the sidewalk and
assess the cost and expense thereof against the abutting property described in the notice. [1965 c 7 § 35.70.050. Prior:
1915 c 149 § 3; RRS § 9157.]
35.70.050
35.70.060 Notice of resolution and order—Service.
The notice shall be served:
(1) By delivering a copy to the owner or reputed owner
of each parcel of land affected, or to the authorized agent of
the owners, or
(2) By leaving a copy thereof at the usual place of abode
of the owner in the city or town with a person of suitable age
and discretion residing therein, or
(3) If the owner is a nonresident of the city or town and
his or her place of residence is known by mailing a copy to
the owner addressed to his or her last known place of residence, or
(4) If the place of residence of the owner is unknown or
if the owner of any parcel of land affected is unknown, by
publication in the official newspaper of the city or town once
a week for two consecutive weeks. The notice shall specify a
reasonable time within which the sidewalk shall be constructed which in the case of publication of the notice shall
not be less than sixty days from the date of the first publication of such notice. [2009 c 549 § 2121; 1985 c 469 § 36;
1965 c 7 § 35.70.060. Prior: 1915 c 149 § 4; RRS § 9158.]
35.70.060
35.70.070 Superintendent to construct and prepare
assessment roll. If the notice and order to construct a sidewalk is not complied with within the time therein specified,
the officer or department having the superintendence of
streets shall proceed to construct said sidewalk forthwith and
shall report to the city or town council at its next regular
meeting or as soon thereafter as is practicable an assessment
roll showing each parcel of land abutting upon the sidewalk,
the name of the owner thereof if known, and apportion the
cost of said improvement to be assessed against each parcel
of such land. [1965 c 7 § 35.70.070. Prior: 1915 c 149 § 5,
part; RRS § 9159, part.]
35.70.070
[Title 35 RCW—page 254]
35.70.080 Hearing on assessment roll—Notice.
Thereupon the city or town council shall set a date for hearing
any protests against the proposed assessment roll and shall
cause a notice of the time and place of the hearing to be published once a week for two successive weeks in the official
newspaper of the city or town, the date of the hearing to be
not less than thirty days from the date of the first publication
of the notice. At the hearing or at any adjournment thereof the
council by ordinance shall assess the cost of constructing the
sidewalk against the abutting property in accordance with the
benefits thereto. [1985 c 469 § 39; 1965 c 7 § 35.70.080.
Prior: (i) 1915 c 149 § 5, part; RRS § 9159, part. (ii) 1915 c
149 § 6, part; RRS § 9160, part.]
35.70.080
35.70.090 Lien of assessments and foreclosure. The
assessments shall become a lien upon the respective parcels
of land and shall be collected in the manner provided by law
for the collection of local improvement assessments and shall
bear interest at the rate of six percent per annum from the date
of the approval of said assessment thereon. [1965 c 7 §
35.70.090. Prior: 1915 c 149 § 6, part; RRS § 9160, part.]
35.70.090
Collection and foreclosure of local improvement assessments: Chapters
35.49, 35.50 RCW.
35.70.100 Provisions of chapter not exclusive. This
chapter shall not be construed as repealing or amending any
provision relating to the improvement of streets or public
places by special assessments commonly known as local
improvement laws, but shall be considered as additional legislation and auxiliary thereto and the city or town council, of
any city of the second class or town before exercising the
authority herein granted may by ordinance provide for the
application and enforcement of the provisions of this chapter
within the limitations herein specified. [1994 c 81 § 63; 1965
c 7 § 35.70.100. Prior: 1915 c 149 § 8; RRS § 9162.]
35.70.100
Chapter 35.71
Chapter 35.71 RCW
PEDESTRIAN MALLS
Sections
35.71.010
35.71.020
35.71.030
35.71.040
35.71.050
35.71.060
35.71.070
35.71.080
35.71.090
35.71.100
35.71.110
35.71.120
35.71.130
35.71.910
Definitions.
Establishment declared public purpose—Authority to establish—General powers.
Resolution of intention—Traffic limitation—Property
owner’s right of ingress and egress.
Plan—Alternate vehicle routes—Off-street parking—Hearing,
notice.
Real estate appraisers—Report.
Financing methods.
Waivers and quitclaim deeds—Rights in right-of-way.
Vacating, replatting right-of-way for mall purposes.
"Mall organization"—Powers in general—Directors—Officers.
Special assessment.
Claims for damages.
Contracts with mall organization for administration—Conflicting charter provisions.
Election to discontinue mall—Ordinance—Outstanding obligations—Restoration to former status.
Chapter controls inconsistent laws.
35.71.010 Definitions. As used in this chapter, the following terms shall have the meaning herein given to each of
them:
"City" means any city or town.
35.71.010
(2010 Ed.)
Pedestrian Malls
"Chief executive" means the mayor in a mayor-council
or commission city and city manager in a council-manager
city.
"Corporate authority" means the legislative body of any
city.
"Project" means a pedestrian mall project.
"Right-of-way" means that area of land dedicated for
public use or secured by the public for purposes of ingress
and egress to abutting property and other public purposes.
"Mall" means an area of land, part of which may be surfaced, landscaped, and used entirely for pedestrian movements, except with respect to governmental functions, utilities, and loading and unloading of goods.
"Mall organization" means a group of property owners,
lessors, or lessees in an area that has been organized to consider the establishment, maintenance, and operation of a mall
in a given area and persons owning or having any legal or
equitable interest in the real property affected by the establishment of the mall. [1965 c 7 § 35.71.010. Prior: 1961 c
111 § 1.]
35.71.020 Establishment declared public purpose—
Authority to establish—General powers. The establishment of pedestrian malls is declared to be for a public purpose. Any corporate authority, by ordinance, may establish
and regulate any street right-of-way as a mall, may prohibit,
in whole or in part, vehicular traffic on a mall, and may provide for the acquisition of any interest in the right-of-way
necessary to its establishment, and may provide for the determination of legal damages, if any, to abutting property.
[1965 c 7 § 35.71.020. Prior: 1961 c 111 § 2.]
35.71.020
35.71.030 Resolution of intention—Traffic limitation—Property owner’s right of ingress and egress. When
the corporate authority determines that the public interest,
safety, and convenience is best served by the establishment of
a mall and that vehicular traffic will not be unduly inconvenienced thereby, it may adopt a resolution declaring its intention to do so, and announcing the intended extent of traffic
limitation. Any corporate authority is authorized to limit the
utilization of any right-of-way, except for utilities and governmental functions, provided adequate alternative routes for
vehicular movement, and the loading and unloading of goods
are established or are available. The abutting property
owner’s right of ingress and egress shall be considered to
have been satisfied whenever the corporate authority has
planned and constructed, or there is available, an alternate
route, alleyway, and service driveway. [1965 c 7 §
35.71.030. Prior: 1961 c 111 § 3.]
35.71.030
35.71.040 Plan—Alternate vehicle routes—Offstreet parking—Hearing, notice. Before a mall is established, a plan shall be formulated consistent with the city’s
comprehensive plan, including at least the area of the
right-of-way between two intersecting streets and showing
alternate routes outside the mall area upon which any vehicles excluded from using the mall may be accommodated; it
may include a provision for on and off-street parking. After
the plans have been prepared, the corporate authority shall
hold a public hearing thereon, giving notice of time and place
35.71.040
(2010 Ed.)
35.71.070
at least two weeks in advance of the hearing in a newspaper
of general circulation in the city and as required by chapter
42.32 RCW. [1965 c 7 § 35.71.040. Prior: 1961 c 111 § 4.]
35.71.050
35.71.050 Real estate appraisers—Report. The corporate authority is authorized to engage duly qualified real
estate appraisers, for the purpose of determining the value, or
legal damages, if any, to any person, owning or having any
legal or equitable interest in any real property who contends
that he or she would suffer damage if a projected mall were
established; in connection therewith the city shall take into
account any increment in value that may result from the
establishment of the mall. The appraisers shall submit their
findings in writing to the chief executive of the city. [2009 c
549 § 2122; 1965 c 7 § 35.71.050. Prior: 1961 c 111 § 5.]
35.71.060
35.71.060 Financing methods. The corporate authority
may finance the establishment of a mall, including, but not
limited to, right-of-way improvements, traffic control
devices, and off-street parking facilities in the vicinity of the
mall, by one or more of the following methods or by a combination of any two or more of them:
(1) By creating local improvement districts under the
laws applicable thereto in Title 35 RCW.
(2) By issuing revenue bonds pursuant to chapter 35.41
RCW, *RCW 35.24.305, chapter 35.92 RCW, RCW
35.81.100, and by such other statutes that may authorize such
bonds.
(3) By issuing general obligation bonds pursuant to
chapter 39.52 RCW, RCW 35.81.115, and by such other statutes and applicable provisions of the state Constitution that
may authorize such bonds.
(4) By use of gifts and donations.
(5) General fund and other available moneys: PROVIDED, That if any general fund moneys are expended for a
mall, provision may be made for repayment thereof to the
general fund from money received from the financing of the
mall.
The corporate authority may include within the cost of
any mall project the expense of moving utilities, or any facility located within a right-of-way. [1965 c 7 § 35.71.060.
Prior: 1961 c 111 § 6.]
*Reviser’s note: RCW 35.24.305 was recodified as RCW 35.23.454
pursuant to 1994 c 81 § 90.
35.71.070
35.71.070 Waivers and quitclaim deeds—Rights in
right-of-way. The corporate authority may formulate,
solicit, finance and acquire, purchase, or negotiate the acquisition of waivers and the execution of quitclaim deeds by persons owning or having any legal or equitable interest in the
real property affected by the establishment of a mall, conveying the necessary rights to the city to prohibit through vehicular traffic and otherwise limit vehicular access to, and from,
such right-of-way: PROVIDED, That the execution of such
waivers and quitclaim deeds shall not operate to extinguish
the rights of the abutting owner, lessor, or lessee in the
right-of-way, not included in such waiver or quitclaim deed.
[1965 c 7 § 35.71.070. Prior: 1961 c 111 § 7.]
[Title 35 RCW—page 255]
35.71.080
Title 35 RCW: Cities and Towns
35.71.080 Vacating, replatting right-of-way for mall
purposes. The corporate authority, as an alternate to the preceding methods, may find that the right-of-way no longer is
needed as a right-of-way. When persons owning or having
any legal or equitable interest in the real property affected by
a proposed mall, present a petition to the corporate authority
for vacating the right-of-way pursuant to chapter 35.79
RCW, or the corporate authority initiates by resolution such a
vacation proceeding, a right-of-way may be vacated and
replatted for mall purposes, and closed to vehicular traffic
except as provided in RCW 35.71.030, consistent with the
subdivision standards allowed by Title 58 RCW, and chapter
35.63 RCW. [1965 c 7 § 35.71.080. Prior: 1961 c 111 § 8.]
35.71.080
35.71.090 "Mall organization"—Powers in general—Directors—Officers. The corporate authority may
cause an organization of persons to be known as a "Mall
organization" interested in creating a mall in a given area to
be formed to provide for consultative assistance to the city
with respect to the establishment and administration of a
mall. This organization may elect a board of directors of not
less than three nor more than twelve members. The board
shall elect a president, a vice president, and a secretary from
its membership. [1965 c 7 § 35.71.090. Prior: 1961 c 111 §
9.]
35.71.090
nization for the administration of the mall upon mutually satisfactory terms and conditions: PROVIDED, That if any provision of a city charter conflicts with this section, such provision of the city charter shall prevail. [1965 c 7 § 35.71.120.
Prior: 1961 c 111 § 12.]
35.71.130 Election to discontinue mall—Ordinance—Outstanding obligations—Restoration to former
status. The board of directors of a mall organization may call
for an election, after the mall has been in operation for two
years, at which the voting shall be by secret ballot, on the
question: "Shall the mall be continued in operation?" If sixty
percent of the membership of the organization vote to discontinue the mall, the results of the election shall be submitted to
the corporate authority. The corporate authority may initiate
proceedings by ordinance for the discontinuation of the mall,
allocate the proportionate amount of the outstanding obligations of the mall to the abutting property of the mall or property specially benefited if a local improvement district is
established, subject to the provisions of any applicable statutes and bond ordinances, resolutions, or agreements, and
thereafter, at a time set by the corporate authority, the mall
may be restored to its former right-of-way status. [1965 c 7 §
35.71.130. Prior: 1961 c 111 § 13.]
35.71.130
35.71.910 Chapter controls inconsistent laws. Insofar
as the provisions of this chapter are inconsistent with a provision of any other law, the provisions of this chapter shall be
controlling. [1965 c 7 § 35.71.910. Prior: 1961 c 111 § 15.]
35.71.910
35.71.100 Special assessment. After the establishment
of the mall, the corporate authority may levy a special assessment on the real property within the area specially benefited
by the improvement. Such special levy, if any, shall be for
operation and maintenance of the mall and appurtenances
thereto, which may not exceed one percent of the aggregate
actual valuation of the real property (including twenty-five
percent of the actual valuation of the improvements thereon)
according to the valuation last placed upon it for purposes of
general taxation: PROVIDED, That if a mall organization
board of directors exists as authorized by RCW 35.71.090,
the corporate authority may entertain a recommendation from
this organization with respect to such a levy by the corporate
authority. [1965 c 7 § 35.71.100. Prior: 1961 c 111 § 10.]
35.71.100
35.71.110 Claims for damages. Following the public
hearing on the ordinance to establish a mall any person owning or having any legal or equitable interest in property which
might be affected by reason of the establishment of the proposed mall or the board of directors of a mall organization
shall, within twenty days of such hearing, file with the city
clerk a statement describing the real property as to which the
claim is made, the nature of the claimant’s interest therein,
the nature of the alleged damage thereto and the amount of
damages claimed. After the receipt thereof, the corporate
authority may negotiate with the affected parties concerning
them or deny them. [1965 c 7 § 35.71.110. Prior: 1961 c 111
§ 11.]
35.71.110
35.71.120 Contracts with mall organization for
administration—Conflicting charter provisions. If the
corporate authority desires to have the mall administered by a
mall organization rather than by one of its departments, the
corporate authority may execute a contract with such an orga35.71.120
[Title 35 RCW—page 256]
Chapter 35.72
Chapter 35.72 RCW
CONTRACTS FOR STREET, ROAD,
AND HIGHWAY PROJECTS
Sections
35.72.010
35.72.020
35.72.030
35.72.040
35.72.050
Contracts authorized for street projects.
Reimbursement by other property owners—Contract requirements.
Reimbursement by other property owners—Reimbursement
share.
Assessment reimbursement contracts.
Alternative financing methods—Participation in or creation of
assessment reimbursement area by county, city, town, or
department of transportation—Eligibility for reimbursement.
35.72.010 Contracts authorized for street projects.
The legislative authority of any city, town, or county may
contract with owners of real estate for the construction or
improvement of street projects which the owners elect to
install as a result of ordinances that require the projects as a
prerequisite to further property development. [1983 c 126 §
1.]
35.72.010
35.72.020 Reimbursement by other property owners—Contract requirements. (1) Except as otherwise provided in subsection (2) of this section, the contract may provide for the partial reimbursement to the owner or the
owner’s assigns for a period not to exceed fifteen years of a
portion of the costs of the project by other property owners
who:
35.72.020
(2010 Ed.)
Street Grades—Sanitary Fills
(a) Are determined to be within the assessment reimbursement area pursuant to RCW 35.72.040;
(b) Are determined to have a reimbursement share based
upon a benefit to the property owner pursuant to RCW
35.72.030;
(c) Did not contribute to the original cost of the street
project; and
(d) Subsequently develop their property within the
period of time that the contract is effective and at the time of
development were not required to install similar street
projects because they were already provided for by the contract.
Street projects subject to reimbursement may include
design, grading, paving, installation of curbs, gutters, storm
drainage, sidewalks, street lighting, traffic controls, and other
similar improvements, as required by the street standards of
the city, town, or county.
(2)(a) The contract may provide for an extension of the
fifteen-year reimbursement period for a time not to exceed
the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents
making applications for, or the approval of, any new development within the benefit area for a period of six months or
more.
(b) Upon the extension of the reimbursement period pursuant to (a) of this subsection, the contract must specify the
duration of the contract extension and must be filed and
recorded with the county auditor. Property owners who are
subject to the reimbursement obligations under subsection (1)
of this section shall be notified by the appropriate county,
city, or town of the extension filed under this subsection.
(3) Each contract shall include a provision requiring that
every two years from the date the contract is executed a property owner entitled to reimbursement under this section provide the appropriate county, city, or town with information
regarding the current contract name, address, and telephone
number of the person, company, or partnership that originally
entered into the contract. If the property owner fails to comply with the notification requirements of this subsection
within sixty days of the specified time, then the contracting
county, city, or town may collect any reimbursement funds
owed to the property owner under the contract. Such funds
must be deposited in the capital fund of the county, city, or
town. [2006 c 88 § 1; 1983 c 126 § 2.]
35.72.030
35.72.030 Reimbursement by other property owners—Reimbursement share. The reimbursement shall be a
pro rata share of construction and reimbursement of contract
administration costs of the street project. A city, town, or
county shall determine the reimbursement share by using a
method of cost apportionment which is based on the benefit
to the property owner from such project. [1983 c 126 § 3.]
Chapter 35.73
improvements would require similar street improvements
upon development.
(2) The preliminary determination of area boundaries
and assessments, along with a description of the property
owners’ rights and options, shall be forwarded by certified
mail to the property owners of record within the proposed
assessment area. If any property owner requests a hearing in
writing within twenty days of the mailing of the preliminary
determination, a hearing shall be held before the legislative
body, notice of which shall be given to all affected property
owners. The legislative body’s ruling is determinative and
final.
(3) The contract must be recorded in the appropriate
county auditor’s office within thirty days of the final execution of the agreement.
(4) If the contract is so filed, it shall be binding on owners of record within the assessment area who are not party to
the contract. [1988 c 179 § 16; 1983 c 126 § 4.]
Additional notes found at www.leg.wa.gov
35.72.050 Alternative financing methods—Participation in or creation of assessment reimbursement area by
county, city, town, or department of transportation—Eligibility for reimbursement. (1) As an alternative to financing projects under this chapter solely by owners of real estate,
a county, city, or town may join in the financing of improvement projects and may be reimbursed in the same manner as
the owners of real estate who participate in the projects, if the
county, city, or town has specified the conditions of its participation in an ordinance. As another alternative, a county, city,
or town may create an assessment reimbursement area on its
own initiative, without the participation of a private property
owner, finance the costs of the road or street improvements,
and become the sole beneficiary of the reimbursements that
are contributed. A county, city, or town may be reimbursed
only for the costs of improvements that benefit that portion of
the public who will use the developments within the assessment reimbursement area established pursuant to RCW
35.72.040(1). No county, city, or town costs for improvements that benefit the general public may be reimbursed.
(2) The department of transportation may, for state highways, participate with the owners of real estate or may be the
sole participant in the financing of improvement projects, in
the same manner and subject to the same restrictions as provided for counties, cities, and towns, in subsection (1) of this
section. The department shall enter into agreements whereby
the appropriate county, city, or town shall act as an agent of
the department in administering this chapter. [1997 c 158 §
1; 1987 c 261 § 1; 1986 c 252 § 1.]
35.72.050
Chapter 35.73
Chapter 35.73 RCW
STREET GRADES—SANITARY FILLS
Sections
35.72.040
35.72.040 Assessment reimbursement contracts. The
procedures for assessment reimbursement contracts shall be
governed by the following:
(1) An assessment reimbursement area shall be formulated by the city, town, or county based upon a determination
by the city, town, or county of which parcels adjacent to the
(2010 Ed.)
35.73.010
35.73.020
35.73.030
35.73.040
35.73.050
35.73.060
35.73.070
35.73.080
Authority—First and second-class cities.
Estimates—Intention—Property included—Resolution.
Hearing—Time of—Publication of resolution.
Ordinance—Assessments.
Lien of assessments.
Improvement district bonds—Issuance.
Improvement district bonds—Payment—Remedies.
Provisions not exclusive.
[Title 35 RCW—page 257]
35.73.010
Title 35 RCW: Cities and Towns
35.73.010 Authority—First and second-class cities.
If a city of the first or second class establishes the grade of
any street or alley at a higher elevation than any private property abutting thereon, thereby rendering the drainage of such
private property or any part thereof impracticable without the
raising of the surface of such private property, or if the surface of any private property in any such city is so low as to
make sanitary drainage thereof impracticable and it is determined by resolution of the city council of such city that a fill
of such private property is necessary as a sanitary measure,
the city may provide therefor, and by general or special ordinance or both make provision for the necessary surveys, estimates, bids, contract, bond and supervision of the work and
for making and approving the assessment roll of the local
improvement district and for the collection of the assessments made thereby, and for the doing of everything which in
their discretion may be necessary or be incidental thereto:
PROVIDED, That before the approval of the assessment roll,
notice shall be given and an opportunity offered for the owners of the property affected by the assessment roll to be heard
before such city council in the same manner as in case of
assessments for drainage or sewerage in the city. [1965 c 7 §
35.73.010. Prior: (i) 1907 c 243 § 1; RRS § 9426. (ii) 1907 c
243 § 4; RRS § 9429.]
35.73.010
3 5 . 7 3 . 0 2 0 E s t im a t es — I n t e n t i o n — P r o p e r t y
included—Resolution. Before establishing a grade for
property or providing for the fill of property, the city must
adopt a resolution declaring its intention to do so.
The resolution shall:
(1) Describe the property proposed to be improved by
the fill,
(2) State the estimated cost of making the improvement,
(3) State that the cost thereof is to be assessed against the
property improved thereby, and
(4) Fix a time not less than thirty days after the first publication of the resolution within which protests against the
proposed improvement may be filed with the city clerk.
The resolution may include as many separate parcels of
property as may seem desirable whether or not they are contiguous so long as they lie in the same general neighborhood
and may be included conveniently in one local improvement
district. [1965 c 7 § 35.73.020. Prior: 1907 c 243 § 2, part;
RRS § 9427, part.]
35.73.020
35.73.030 Hearing—Time of—Publication of resolution. Upon the passage of the resolution the city clerk shall
cause it to be published in the official newspaper of the city
in at least two successive issues before the time fixed in the
resolution for filing protests. Proof of publication by affidavit
shall be filed as part of the record of the proceedings. [1965
c 7 § 35.73.030. Prior: 1907 c 243 § 2, part; RRS § 9427,
part.]
35.73.030
35.73.040 Ordinance—Assessments. If no protest is
filed, or if protests are filed but the city council after full hearing determines that it is necessary to fill any portion of the
private property it shall proceed to enact an ordinance for
such improvement. By the provisions of the ordinance, a
local improvement district shall be established to be called
"local improvement district No. . . . .," which shall include all
35.73.040
[Title 35 RCW—page 258]
the property found by the said council to require the fill as a
sanitary measure. The ordinance shall provide that such
improvement shall be made and shall fix and establish the
grades to which the said property and the different portions
thereof shall be brought by such improvement, and that the
cost and expense thereof shall be taxed and assessed upon all
the property in such local improvement district, which cost
shall be assessed in proportion to the number of cubic yards
of earth and bulkheading required for the different portions of
said property included in said improvement district and in
proportion to the benefits derived by such improvement:
PROVIDED, That the city council may expend from the general fund for such purposes such sums as in its judgment may
seem fair and equitable in consideration of the benefits accruing to the general public by reason of such improvement.
[1965 c 7 § 35.73.040. Prior: 1907 c 243 § 3, part; RRS §
9428, part.]
35.73.050
35.73.050 Lien of assessments. Whenever any expense
or cost of work has been assessed the amount of such expense
and cost shall become a lien upon said lands against which
the same are so assessed and shall take precedence of all
other liens, except general tax liens and special assessment
liens theretofore assessed by the said city thereon and which
may be foreclosed in accordance with law in the name of
such city as plaintiff. And in any such proceeding if the court
trying the same shall be satisfied that the work has been done
or material furnished for the fill of such property, a recovery
shall be permitted or charge enforced to the extent of the
proper proportion of the value of the work or material which
would be chargeable on such lot or land notwithstanding any
informality, irregularity or defects in any of the proceedings
of such municipal corporation or its officers. [1965 c 7 §
35.73.050. Prior: 1907 c 243 § 3, part; RRS § 9428, part.]
Collection and foreclosure of local improvement district assessments:
Chapters 35.49, 35.50 RCW.
35.73.060
35.73.060 Improvement district bonds—Issuance.
(1) The city may, in its discretion, by general or special ordinance, or both, instead of requiring immediate payment for
the said work to be made by the owners of property included
in the assessment roll, authorize the issuance of interest bearing bonds or warrants of the local improvement district, payable on or before a date not to exceed twelve years from and
after their date. The bonds may be issued subject to call, the
amount of the said assessment to be payable in installments
or otherwise, and the bonds to be of such terms as may be
provided in the ordinances and to bear interest at such rate or
rates as may be prescribed in the ordinances. Such bonds or
warrants may be of any form, including bearer bonds or
bearer warrants, or registered bonds or registered warrants as
provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds or warrants may be issued and sold in accordance with
chapter 39.46 RCW. [1983 c 167 § 62; 1981 c 156 § 9; 1979
ex.s. c 30 § 1; 1965 c 7 § 35.73.060. Prior: 1915 c 87 § 1,
part; 1907 c 243 § 5, part; RRS § 9430, part.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Streets—Drawbridges
35.73.070 Improvement district bonds—Payment—
Remedies. The bonds or warrants shall be payable only from
the fund created by the special assessments upon the property
in the local improvement district, and the owner of any bond
or warrant shall look only to this fund for the payment of the
principal and interest thereof and shall have no claim or lien
therefor against the city by which the same was issued except
from that fund. [1983 c 167 § 63; 1965 c 7 § 35.73.070.
Prior: 1915 c 87 § 1, part; 1907 c 243 § 5, part; RRS § 9430,
part.]
35.73.070
Additional notes found at www.leg.wa.gov
35.73.080 Provisions not exclusive. The provisions
and remedies provided by this chapter for filling lowlands in
connection with establishing street grades or for sanitary reasons are cumulative. [1965 c 7 § 35.73.080. Prior: 1907 c
243 § 6; RRS § 9431.]
35.73.080
Chapter 35.74
Chapter 35.74 RCW
STREETS—DRAWBRIDGES
Sections
35.74.010
35.74.020
35.74.030
35.74.040
35.74.050
35.74.060
35.74.070
Authority to construct or grant franchise to construct.
Initiation of proceedings—Notice to county commissioners.
Determination of width of draw—Appeal.
Required specifications.
Authority to operate toll bridges—Toll rate review and
approval by tolling authority.
Prerequisites of grant of franchise—Approval of bridge—
Tolls.
License fees—Renewal of license.
Counties may assist as to certain bridges on city streets: RCW 36.75.200.
35.74.010 Authority to construct or grant franchise
to construct. Every city and town may erect and maintain
drawbridges across navigable streams that flow through or
penetrate the boundaries thereof, when the public necessity
requires it, or it may grant franchises to persons or corporations to erect them and charge toll thereon. [1965 c 7 §
35.74.010. Prior: 1890 p 54 § 1; RRS § 9323.]
35.74.010
35.74.020 Initiation of proceedings—Notice to
county commissioners. If the city or town council desires to
erect a drawbridge across any navigable stream on any street,
or to grant the privilege so to do to any corporation or individual, it shall notify the board of county commissioners to that
effect stating the precise point where such bridge is proposed
to be located. [1965 c 7 § 35.74.020. Prior: 1890 p 54 § 2,
part; RRS § 9324, part.]
35.74.020
35.74.030 Determination of width of draw—Appeal.
The board of county commissioners within ten days from the
receipt of the notice, if in session, and if not in session, within
five days after the first day of the next regular or special session, shall designate the width of the draw to be made in such
bridge, and the length of span necessary to permit the free
flow of water: PROVIDED, That if any persons deem themselves aggrieved by the determination of the matter by the
board, they may appeal to the superior court which may hear
and determine the matter upon such further notice and on
such testimony as it shall direct to be produced. [1965 c 7 §
35.74.030. Prior: 1890 p 54 § 2, part; RRS § 9324, part.]
35.74.040 Required specifications. All bridges constructed under the provisions of this chapter must be so constructed as not to obstruct navigation, and must have a draw
or swing of sufficient space or span to permit the safe, convenient, and expeditious passage at all times of any steamer or
vessel or raft which may navigate the stream or waters
bridged. [1965 c 7 § 35.74.040. Prior: 1890 p 55 § 5; RRS §
9327.]
35.74.040
35.74.050 Authority to operate toll bridges—Toll
rate review and approval by tolling authority. A city or
town may build and maintain toll bridges and charge and collect tolls thereon, and to that end may provide a system and
elect or appoint persons to operate the same, or the said
bridges may be made free, as it may elect.
Consistent with RCW 47.56.850, any toll proposed
under this section, including any change in an existing toll
rate, must first be reviewed and approved by the tolling
authority designated in RCW 47.56.850 if the toll, or change
in toll rate, would have a significant impact, as determined by
the tolling authority, on the operation of any state facility.
[2008 c 122 § 15; 1965 c 7 § 35.74.050. Prior: 1890 p 55 §
6; RRS § 9328.]
35.74.050
35.74.060 Prerequisites of grant of franchise—
Approval of bridge—Tolls. Before any franchise to build
any bridge across any such navigable stream is granted by
any city or town council it shall fix a license tax, not to
exceed ten percent of the tolls collected annually. Upon the
completion of the bridge the city or town council shall cause
it to be inspected and if it is found to comply in all respects
with the specifications previously made, and to be safe and
convenient for the public, the council shall declare it open as
a toll bridge, and shall immediately fix the rates of toll
thereof. [1965 c 7 § 35.74.060. Prior: 1890 p 55 § 3; RRS §
9325.]
35.74.060
35.74.070 License fees—Renewal of license. The
owner or keeper of any toll bridges in any city or town shall,
before the renewal of any license, report to the city or town
council under oath, the actual cost of construction and equipment of the toll bridge, the repairs and cost of maintaining it
during the preceding year, the amount of tax collected, and
the estimated cash value of the bridge, exclusive of the franchise. All funds arising from the license tax shall be paid into
the general fund of the city or town. [1965 c 7 § 35.74.070.
Prior: 1890 p 55 § 4; RRS § 9326.]
35.74.070
Chapter 35.75
35.74.030
(2010 Ed.)
Chapter 35.75
Chapter 35.75 RCW
STREETS—BICYCLES—PATHS
Sections
35.75.010
35.75.020
35.75.030
35.75.040
35.75.050
35.75.060
Authority to regulate and license bicycles—Penalties.
Use of bicycle paths for other purposes prohibited.
License fees authorized.
Rules regulating use of bicycle paths.
Bicycle road fund—Sources—Use.
Use of street and road funds for bicycle paths, lanes, routes and
improvements authorized—Standards.
Bicycle awareness program: RCW 43.43.390.
Bicycle transportation management program: RCW 47.04.190.
Pavement marking standards: RCW 47.36.280.
[Title 35 RCW—page 259]
35.75.010
Title 35 RCW: Cities and Towns
Rules of the road, bicycles: RCW 46.61.750 through 46.61.780.
35.75.010 Authority to regulate and license bicycles—Penalties. Every city and town may by ordinance regulate and license the riding of bicycles and other similar vehicles upon or along the streets, alleys, highways, or other public grounds within its limits and may construct and maintain
bicycle paths or roadways within or outside of and beyond its
limits leading to or from the city or town. The city or town
may provide by ordinance for reasonable fines and penalties
for violation of the ordinance. [1965 c 7 § 35.75.010. Prior:
(i) 1899 c 31 § 1; RRS § 9204. (ii) 1899 c 31 § 2; RRS §
9205.]
35.75.010
35.75.020 Use of bicycle paths for other purposes
prohibited. It shall be unlawful for any person to lead, drive,
ride, or propel any team, wagon, animal, or vehicle other than
a bicycle, electric personal assistive mobility device, or similar vehicle upon and along any bicycle path constructed
within or without the corporate limits of any city or town
excepting at suitable crossings to be provided in the construction of such paths. Any person violating the provisions of this
section shall be guilty of a misdemeanor. [2002 c 247 § 8;
1965 c 7 § 35.75.020. Prior: 1899 c 31 § 3; RRS § 9206.]
35.75.060 Use of street and road funds for bicycle
paths, lanes, routes and improvements authorized—Standards. Any city or town may use any funds available for
street or road construction, maintenance, or improvement for
building, improving, and maintaining bicycle paths, lanes,
roadways, and routes, and for improvements to make existing
streets and roads more suitable and safe for bicycle traffic:
PROVIDED, That any such paths, lanes, roadways, routes, or
streets for which any such street or road funds are expended
shall be suitable for bicycle transportation purposes and not
solely for recreation purposes. Bicycle facilities constructed
or modified after June 10, 1982, shall meet or exceed the
standards of the state department of transportation. [1982 c
55 § 1; 1974 ex.s. c 141 § 10.]
35.75.060
35.75.020
Legislative review—2002 c 247: See note following RCW 46.04.1695.
35.75.030 License fees authorized. Every city and
town by ordinance may establish and collect reasonable
license fees from all persons riding a bicycle or other similar
vehicle within its respective corporate limits, and may
enforce the payment thereof by reasonable fines and penalties. [1965 c 7 § 35.75.030. Prior: 1899 c 31 § 4; RRS §
9207.]
35.75.030
35.75.040 Rules regulating use of bicycle paths. The
license fee to be paid and the rules regulating the riding of
bicycles or other similar vehicles within any city or town
shall be fixed by ordinance, and the rules regulating the use of
such bicycle paths or roadways constructed or maintained
within its limits and the fines and penalties for the violation
of such rules shall be fixed by ordinance. [1965 c 7 §
35.75.040. Prior: 1899 c 31 § 5; RRS § 9208.]
35.75.040
35.75.050 Bicycle road fund—Sources—Use. The
city or town council shall by ordinance provide that the whole
amount or any amount not less than seventy-five percent of
all license fees, penalties or other moneys collected under the
authority of this chapter shall be paid into and placed to the
credit of a special fund to be known as the "bicycle road
fund." The moneys in the bicycle road fund shall not be
transferred to any other fund and shall be paid out for the sole
purpose of building and maintaining bicycle paths and roadways authorized to be constructed and maintained by this
chapter or for special police officers, bicycle tags, stationery
and other expenses growing out of the regulating and licensing of the riding of bicycles and other vehicles and the construction, maintenance and regulation of the use of bicycle
paths and roadways. [2007 c 218 § 69; 1965 c 7 § 35.75.050.
Prior: 1899 c 31 § 6; RRS § 9209.]
35.75.050
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
[Title 35 RCW—page 260]
Chapter 35.76 RCW
STREETS—BUDGET AND ACCOUNTING
Chapter 35.76
Sections
35.76.010
35.76.020
35.76.030
35.76.040
35.76.050
35.76.060
Declaration of purpose—Budget and accounting by functional
categories.
Cost accounting and reporting—Cities over eight thousand.
Cost accounting and reporting—Cities of eight thousand or
less.
Manual of instructions.
Cost-audit examination and report.
Budgets.
35.76.010 Declaration of purpose—Budget and
accounting by functional categories. Records of city street
expenditures are generally inadequate to meet the needs of
cities for planning and administration of their street programs
and the needs of the legislature in providing for city street
financing. It is the intent of the legislature that each city and
town shall budget and thereafter maintain records and
accounts for all street expenditures by functional categories
in a manner consistent with its size, administrative capabilities, and the amounts of money expended by it for street purposes. [1965 c 7 § 35.76.010. Prior: 1963 c 115 § 1.]
35.76.010
35.76.020 Cost accounting and reporting—Cities
over eight thousand. The state auditor shall formulate, prescribe, and install a system of cost accounting and reporting
for each city having a population of more than eight thousand, according to the last official census, which will correctly show all street expenditures by functional categories.
The system shall also provide for reporting all revenues
available for street purposes from whatever source including
local improvement district assessments and state and federal
aid. [1995 c 301 § 48; 1965 c 7 § 35.76.020. Prior: 1963 c
115 § 2.]
35.76.020
Cities over eight thousand, equipment rental fund in street department:
RCW 35.21.088.
35.76.030 Cost accounting and reporting—Cities of
eight thousand or less. Consistent with the intent of this
chapter as stated in RCW 35.76.010, the state auditor, from
and after July 1, 1965, is authorized and directed to prescribe
accounting and reporting procedures for street expenditures
for cities and towns having a population of eight thousand or
less, according to the last official census. [1995 c 301 § 49;
1965 c 7 § 35.76.030. Prior: 1963 c 115 § 3.]
35.76.030
(2010 Ed.)
Streets—Planning, Establishment, Construction, and Maintenance
35.76.040 Manual of instructions. The state auditor,
after consultation with the association of Washington cities
and the planning division of the state department of transportation shall prepare and distribute to the cities and towns a
manual of instructions governing accounting and reporting
procedures for all street expenditures. [1984 c 7 § 21; 1965 c
7 § 35.76.040. Prior: 1963 c 115 § 4.]
35.76.040
Additional notes found at www.leg.wa.gov
35.76.050 Cost-audit examination and report. The
state auditor shall annually make a cost-audit examination of
street records for each city and town and make a written
report thereon to the legislative body of each city and town.
The expense of the examination shall be paid out of that portion of the motor vehicle fund allocated to the cities and
towns and withheld for use by the state department of transportation under the terms of RCW 46.68.110(1). [1995 c 301
§ 50; 1984 c 7 § 22; 1965 c 7 § 35.76.050. Prior: 1963 c 115
§ 5.]
35.76.050
Additional notes found at www.leg.wa.gov
35.76.060 Budgets. Expenditures for city and town
streets shall be budgeted by each city and town according to
the same functional categories prescribed by the state auditor
for purposes of accounting and reporting as provided in RCW
35.76.020 and 35.76.030.
In the preparation of city and town budgets, including the
preparation and filing of budget estimates, adoption of preliminary budgets and adoption of final budgets, all expenditures for street purposes shall be designated by such functional categories only. [1965 c 7 § 35.76.060. Prior: 1963 c
115 § 6.]
35.76.060
Chapter 35.77 RCW
STREETS—PLANNING, ESTABLISHMENT,
CONSTRUCTION, AND MAINTENANCE
Chapter 35.77
Sections
35.77.010
35.77.015
35.77.020
35.77.030
35.77.040
Perpetual advanced six-year plans for coordinated transportation program expenditures—Nonmotorized transportation—
Railroad right-of-way.
Provisions for bicycle paths, lanes, routes, roadways and
improvements to be included in annual revision or extension
of comprehensive street programs—Exception.
Agreements with county for planning, establishment, construction, and maintenance.
Agreements with county for planning, establishment, construction, and maintenance—County may use road fund—
Payments by city—Contracts, bids.
Agreements with county for planning, establishment, construction, and maintenance—Act is additional and concurrent method.
Bicycle awareness program: RCW 43.43.390.
Bicycle transportation management program: RCW 47.04.190.
Local adopt-a-highway programs: RCW 47.40.105.
Pavement marking standards: RCW 47.36.280.
Planning commissions: Chapter 35.63 RCW.
State highways in urban areas, allocation of funds, planning, bond issue,
etc.: Chapter 47.26 RCW.
Urban arterials, planning, construction by cities and counties, transportation improvement board, bond issue, etc.: Chapter 47.26 RCW.
35.77.010 Perpetual advanced six-year plans for
coordinated transportation program expenditures—Non35.77.010
(2010 Ed.)
35.77.015
motorized transportation—Railroad right-of-way. (1)
The legislative body of each city and town, pursuant to one or
more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years. If the city or town has adopted a comprehensive
plan pursuant to chapter 35.63 or 35A.63 RCW, the inherent
authority of a first-class city derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this
comprehensive plan. The program shall include any new or
enhanced bicycle or pedestrian facilities identified pursuant
to RCW 36.70A.070(6) or other applicable changes that promote nonmotorized transit.
The program shall be filed with the secretary of transportation not more than thirty days after its adoption. Annually
thereafter the legislative body of each city and town shall
review the work accomplished under the program and determine current city transportation needs. Based on these findings each such legislative body shall prepare and after public
hearings thereon adopt a revised and extended comprehensive transportation program before July 1st of each year, and
each one-year extension and revision shall be filed with the
secretary of transportation not more than thirty days after its
adoption. The purpose of this section is to assure that each
city and town shall perpetually have available advanced plans
looking to the future for not less than six years as a guide in
carrying out a coordinated transportation program. The program may at any time be revised by a majority of the legislative body of a city or town, but only after a public hearing.
The six-year plan for each city or town shall specifically
set forth those projects and programs of regional significance
for inclusion in the transportation improvement program
within that region.
(2) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this section
shall contain information as to how a city or town will expend
its moneys, including funds made available pursuant to chapter 47.30 RCW, for nonmotorized transportation purposes.
(3) Each six-year transportation program forwarded to
the secretary in compliance with subsection (1) of this section
shall contain information as to how a city or town shall act to
preserve railroad right-of-way in the event the railroad ceases
to operate in the city’s or town’s jurisdiction. [2005 c 360 §
4. Prior: 1994 c 179 § 1; 1994 c 158 § 7; 1990 1st ex.s. c 17
§ 59; 1988 c 167 § 6; 1984 c 7 § 23; 1977 ex.s. c 317 § 7;
1975 1st ex.s. c 215 § 1; 1967 ex.s. c 83 § 27; 1965 c 7 §
35.77.010; prior: 1961 c 195 § 2.]
Findings—Intent—2005 c 360: See note following RCW 36.70A.070.
Highways, roads, streets in urban areas, urban arterials, development:
Chapter 47.26 RCW.
Long-range arterial construction planning, counties and cities to prepare
data: RCW 47.26.170.
Perpetual advanced six-year plans for coordinated transportation program:
RCW 36.81.121.
Transportation improvement board: Chapter 47.26 RCW.
Additional notes found at www.leg.wa.gov
35.77.015 Provisions for bicycle paths, lanes, routes,
roadways and improvements to be included in annual
revision or extension of comprehensive street programs—
Exception. The annual revision and extension of comprehensive street programs pursuant to RCW 35.77.010 shall
35.77.015
[Title 35 RCW—page 261]
35.77.020
Title 35 RCW: Cities and Towns
include consideration of and, wherever reasonably practicable, provisions for bicycle routes: PROVIDED, That no provision need be made for any such route where the cost of
establishing it would be excessively disproportionate to the
need or probable use. [1974 ex.s. c 141 § 11.]
35.77.020 Agreements with county for planning,
establishment, construction, and maintenance. Any city
or town may enter into an agreement with the county in
which it is located authorizing the county to perform all or
any part of the construction, repair, and maintenance of
streets in such city or town at such cost as shall be mutually
agreed upon. The agreement shall be approved by ordinance
of the governing body of the city or town and by resolution of
the board of county commissioners.
Any such agreement may include, but shall not be limited to the following:
(1) A provision that the county shall perform all or a
specified part of the construction, repair, or maintenance of
the city or town streets and bridges to the same standards provided by the county in unincorporated areas, or to increased
standards as shall be specified which may include construction, repair, or maintenance of drainage facilities including
storm sewers, sidewalks and curbings, street lighting, and
traffic control devices.
(2) A provision that the county may provide engineering
and administrative services necessary for the planning, establishment, construction, and maintenance of the streets of the
city or town, including engineering and clerical services necessary for the establishment of local improvement districts. In
providing such services the county engineer may exercise all
the powers and perform all the duties vested by law or by
ordinance in the city or town engineer or other officer or
department charged with street administration.
(3) A provision that the city or town shall enact ordinances for the administration, establishment, construction,
repair, maintenance, regulation, and protection of its streets
as may be necessary to authorize the county to lawfully carry
out the terms of the agreement. [1965 c 7 § 35.77.020. Prior:
1961 c 245 § 1.]
35.77.020
35.77.030 Agreements with county for planning,
establishment, construction, and maintenance—County
may use road fund—Payments by city—Contracts, bids.
Pursuant to an agreement authorized by RCW 35.77.020, the
board of county commissioners may expend funds from the
county road fund for the construction, repair, and maintenance of the streets of such city or town and for engineering
and administrative services. Payments by a city or town
under such an agreement shall be made to the county treasurer and by him or her deposited in the county road fund.
Such construction, repair, maintenance, and engineering service shall be ordered by resolution and proceedings conducted in respect thereto in the same manner as provided for
the construction, repair, and maintenance of county roads by
counties, and for the preparation of maps, plans and specifications, advertising and award of contracts therefor: PROVIDED, That except in case of emergency all construction
work performed by a county on city streets pursuant to RCW
35.77.020 through 35.77.040, which exceeds ten thousand
35.77.030
[Title 35 RCW—page 262]
dollars, shall be done by contract, unless after advertisement
and solicitation of competitive bids it appears that bids are
unobtainable or that the lowest bid exceeds the amount for
which such construction can be done by means other than
contract. No street construction project shall be divided into
lesser component parts for the purpose of avoiding the
requirements for competitive bidding. [2009 c 549 § 2123;
1965 c 7 § 35.77.030. Prior: 1961 c 245 § 2.]
35.77.040 Agreements with county for planning,
establishment, construction, and maintenance—Act is
additional and concurrent method. RCW 35.77.020
through 35.77.040 shall not repeal, amend, or modify any law
providing for joint or cooperative agreements between cities
and counties with respect to city streets, but shall be held to
be an additional and concurrent method providing for such
purpose. [1965 c 7 § 35.77.040. Prior: 1961 c 245 § 3.]
35.77.040
Chapter 35.78
Chapter 35.78 RCW
STREETS—CLASSIFICATION AND
DESIGN STANDARDS
Sections
35.78.010
35.78.020
35.78.030
35.78.040
Classification of streets.
State design standards—Committee—Membership.
Committee to adopt uniform design standards.
Design standards must be followed by municipalities—
Approval of deviations.
City and town streets as part of state highways: Chapter 47.24 RCW.
Design standards committee for county roads: Chapter 43.32 RCW, RCW
36.86.070, 36.86.080.
35.78.010 Classification of streets. The governing
body of each municipal corporation shall classify and designate city streets as follows:
Major arterials, which are defined as transportation arteries which connect the focal points of traffic interest within a
city; arteries which provide communications with other communities and the outlying areas; or arteries which have relatively high traffic volume compared with other streets within
the city;
Secondary arterials, which are defined as routes which
serve lesser points of traffic interest within a city; provide
communication with outlying districts in the same degree or
serve to collect and distribute traffic from the major arterials
to the local streets;
Access streets, which are defined as land service streets
and are generally limited to providing access to abutting
property. They are tributary to the major and secondary thoroughfares and generally discourage through traffic. [1965 c
7 § 35.78.010. Prior: 1949 c 164 § 1; Rem. Supp. 1949 §
9300-1.]
35.78.010
35.78.020 State design standards—Committee—
Membership. There is created a state design standards committee of seven members, six of whom shall be appointed by
the executive committee of the Association of Washington
Cities to hold office at its pleasure and the seventh to be the
state aid engineer. The members to be appointed by the executive committee of the Association of Washington Cities
shall be restricted to the membership of the association or to
35.78.020
(2010 Ed.)
Streets—Vacation
those holding office and/or performing the function of chief
engineer in any of the several municipalities in the state.
[1984 c 7 § 24; 1965 c 7 § 35.78.020. Prior: 1949 c 164 § 2;
Rem. Supp. 1949 § 9300-2.]
Additional notes found at www.leg.wa.gov
35.78.030 Committee to adopt uniform design standards. The design standards committee shall from time to
time adopt uniform design standards for major arterial and
secondary arterial streets. [1965 c 7 § 35.78.030. Prior: 1949
c 164 § 3; Rem. Supp. 1949 § 9300-3.]
35.78.030
35.78.040 Design standards must be followed by
municipalities—Approval of deviations. The governing
body of the several municipalities shall apply the uniform
design standards adopted under RCW 35.78.030 to all new
construction on major arterial and secondary arterial streets
and to reconstruction of old such streets as far as practicable.
No deviation from the design standards as to such streets may
be made without approval of the state aid engineer. [1984 c
7 § 25; 1965 c 7 § 35.78.040. Prior: 1949 c 164 § 4; Rem.
Supp. 1949 § 9300-4.]
35.78.040
Additional notes found at www.leg.wa.gov
Chapter 35.79
Chapter 35.79 RCW
STREETS—VACATION
Sections
35.79.010
35.79.020
35.79.030
35.79.035
35.79.040
35.79.050
Petition by owners—Fixing time for hearing.
Notice of hearing—Objections prior to hearing.
Hearing—Ordinance of vacation.
Limitations on vacations of streets abutting bodies of water—
Procedure.
Title to vacated street or alley.
Vested rights not affected.
35.79.010 Petition by owners—Fixing time for hearing. The owners of an interest in any real estate abutting
upon any street or alley who may desire to vacate the street or
alley, or any part thereof, may petition the legislative authority to make vacation, giving a description of the property to
be vacated, or the legislative authority may itself initiate by
resolution such vacation procedure. The petition or resolution
shall be filed with the city or town clerk, and, if the petition is
signed by the owners of more than two-thirds of the property
abutting upon the part of such street or alley sought to be
vacated, legislative authority by resolution shall fix a time
when the petition will be heard and determined by such
authority or a committee thereof, which time shall not be
more than sixty days nor less than twenty days after the date
of the passage of such resolution. [1965 c 7 § 35.79.010.
Prior: 1957 c 156 § 2; 1901 c 84 § 1, part; RRS § 9297, part.]
35.79.010
35.79.020 Notice of hearing—Objections prior to
hearing. Upon the passage of the resolution the city or town
clerk shall give twenty days’ notice of the pendency of the
petition by a written notice posted in three of the most public
places in the city or town and a like notice in a conspicuous
place on the street or alley sought to be vacated. The said
notice shall contain a statement that a petition has been filed
to vacate the street or alley described in the notice, together
35.79.020
(2010 Ed.)
35.79.035
with a statement of the time and place fixed for the hearing of
the petition. In all cases where the proceeding is initiated by
resolution of the city or town council or similar legislative
authority without a petition having been signed by the owners
of more than two-thirds of the property abutting upon the part
of the street or alley sought to be vacated, in addition to the
notice hereinabove required, there shall be given by mail at
least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots, tracts
or parcels of land or other property abutting upon any street
or alley or any part thereof sought to be vacated, as shown on
the rolls of the county treasurer, directed to the address
thereon shown: PROVIDED, That if fifty percent of the
abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the
city shall be prohibited from proceeding with the resolution.
[1965 c 7 § 35.79.020. Prior: 1957 c 156 § 3; 1901 c 84 § 1,
part; RRS § 9297, part.]
35.79.030
35.79.030 Hearing—Ordinance of vacation. The
hearing on such petition may be held before the legislative
authority, or before a committee thereof upon the date fixed
by resolution or at the time said hearing may be adjourned to.
If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition
to the legislative authority which may adopt or reject the recommendation. If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition
before such legislative authority. If the legislative authority
determines to grant said petition or any part thereof, such city
or town shall be authorized and have authority by ordinance
to vacate such street, or alley, or any part thereof, and the
ordinance may provide that it shall not become effective until
the owners of property abutting upon the street or alley, or
part thereof so vacated, shall compensate such city or town in
an amount which does not exceed one-half the appraised
value of the area so vacated. If the street or alley has been part
of a dedicated public right-of-way for twenty-five years or
more, or if the subject property or portions thereof were
acquired at public expense, the city or town may require the
owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the
full appraised value of the area vacated. The ordinance may
provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the
construction, repair, and maintenance of public utilities and
services. A certified copy of such ordinance shall be recorded
by the clerk of the legislative authority and in the office of the
auditor of the county in which the vacated land is located.
One-half of the revenue received by the city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance
of public open space or transportation capital projects within
the city or town. [2002 c 55 § 1; 2001 c 202 § 1; 1987 c 228
§ 1; 1985 c 254 § 1; 1969 c 28 § 4. Prior: 1967 ex.s. c 129 §
1; 1967 c 123 § 1; 1965 c 7 § 35.79.030; prior: 1957 c 156 §
4; 1949 c 14 § 1; 1901 c 84 § 2; Rem. Supp. 1949 § 9298.]
35.79.035
35.79.035 Limitations on vacations of streets abutting bodies of water—Procedure. (1) A city or town shall
[Title 35 RCW—page 263]
35.79.040
Title 35 RCW: Cities and Towns
not vacate a street or alley if any portion of the street or alley
abuts a body of fresh or salt water unless:
(a) The vacation is sought to enable the city or town to
acquire the property for port purposes, beach or water access
purposes, boat moorage or launching sites, park, public view,
recreation, or educational purposes, or other public uses;
(b) The city or town, by resolution of its legislative
authority, declares that the street or alley is not presently
being used as a street or alley and that the street or alley is not
suitable for any of the following purposes: Port, beach or
water access, boat moorage, launching sites, park, public
view, recreation, or education; or
(c) The vacation is sought to enable a city or town to
implement a plan, adopted by resolution or ordinance, that
provides comparable or improved public access to the same
shoreline area to which the streets or alleys sought to be
vacated abut, had the properties included in the plan not been
vacated.
(2) Before adopting a resolution vacating a street or alley
under subsection (1)(b) of this section, the city or town shall:
(a) Compile an inventory of all rights-of-way within the
city or town that abut the same body of water that is abutted
by the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alley to
be vacated is suitable for use by the city or town for any of the
following purposes: Port, boat moorage, launching sites,
beach or water access, park, public view, recreation, or education;
(c) Hold a public hearing on the proposed vacation in the
manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the public
hearing is posted conspicuously on the street or alley sought
to be vacated, which posted notice indicates that the area is
public access, it is proposed to be vacated, and that anyone
objecting to the proposed vacation should attend the public
hearing or send a letter to a particular official indicating his or
her objection; and
(d) Make a finding that the street or alley sought to be
vacated is not suitable for any of the purposes listed under (b)
of this subsection, and that the vacation is in the public interest.
(3) No vacation shall be effective until the fair market
value has been paid for the street or alley that is vacated.
Moneys received from the vacation may be used by the city
or town only for acquiring additional beach or water access,
acquiring additional public view sites to a body of water, or
acquiring additional moorage or launching sites. [1987 c 228
§ 2.]
35.79.040
35.79.040 Title to vacated street or alley. If any street
or alley in any city or town is vacated by the city or town
council, the property within the limits so vacated shall belong
to the abutting property owners, one-half to each. [1965 c 7
§ 35.79.040. Prior: 1901 c 84 § 3; RRS § 9299.]
35.79.050
35.79.050 Vested rights not affected. No vested rights
shall be affected by the provisions of this chapter. [1965 c 7
§ 35.79.050. Prior: 1901 c 84 § 4; RRS § 9300.]
[Title 35 RCW—page 264]
Chapter 35.80
Chapter 35.80 RCW
UNFIT DWELLINGS, BUILDINGS,
AND STRUCTURES
Sections
35.80.010
35.80.020
35.80.030
35.80.040
Declaration of purpose.
Definitions.
Permissible ordinances—Appeal.
Discrimination prohibited.
35.80.010 Declaration of purpose. It is hereby found
that there exist, in the various municipalities and counties of
the state, dwellings which are unfit for human habitation, and
buildings, structures, and premises or portions thereof which
are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents,
or other calamities, inadequate ventilation and uncleanliness,
inadequate light or sanitary facilities, inadequate drainage,
overcrowding, or due to other conditions which are inimical
to the health and welfare of the residents of such municipalities and counties.
It is further found and declared that the powers conferred
by this chapter are for public uses and purposes for which
public money may be expended, and that the necessity of the
public interest for the enactment of this law is hereby
declared to be a matter of local legislative determination.
[1989 c 133 § 1; 1969 ex.s. c 127 § 1; 1967 c 111 § 1; 1965 c
7 § 35.80.010. Prior: 1959 c 82 § 1.]
35.80.010
35.80.020 Definitions. The following terms, however
used or referred to in this chapter, shall have the following
meanings, unless a different meaning is clearly indicated by
the context:
(1) "Board" shall mean the improvement board as provided for in RCW 35.80.030(1)(a);
(2) "Local governing body" shall mean the council,
board, commission, or other legislative body charged with
governing the municipality or county;
(3) "Municipality" shall mean any city, town or county in
the state;
(4) "Public officer" shall mean any officer who is in
charge of any department or branch of the government of the
municipality or county relating to health, fire, building regulation, or other activities concerning dwellings, buildings,
structures, or premises in the municipality or county. [1989 c
133 § 2; 1969 ex.s. c 127 § 2; 1967 c 111 § 2; 1965 c 7 §
35.80.020. Prior: 1959 c 82 § 2.]
35.80.020
35.80.030 Permissible ordinances—Appeal. (1)
Whenever the local governing body of a municipality finds
that one or more conditions of the character described in
RCW 35.80.010 exist within its territorial limits, that governing body may adopt ordinances relating to such dwellings,
buildings, structures, or premises. Such ordinances may provide for the following:
(a) That an "improvement board" or officer be designated or appointed to exercise the powers assigned to such
board or officer by the ordinance as specified in this section.
The board or officer may be an existing municipal board or
officer in the municipality, or may be a separate board or
officer appointed solely for the purpose of exercising the
powers assigned by the ordinance.
35.80.030
(2010 Ed.)
Unfit Dwellings, Buildings, and Structures
If a board is created, the ordinance shall specify the
terms, method of appointment, and type of membership of
the board, which may be limited, if the local governing body
chooses, to public officers under this section.
(b) That if a board is created, a public officer, other than
a member of the improvement board, may be designated to
work with the board and carry out the duties and exercise the
powers assigned to the public officer by the ordinance.
(c) That if, after a preliminary investigation of any dwelling, building, structure, or premises, the board or officer finds
that it is unfit for human habitation or other use, he or she
shall cause to be served either personally or by certified mail,
with return receipt requested, upon all persons having any
interest therein, as shown upon the records of the auditor’s
office of the county in which such property is located, and
shall post in a conspicuous place on such property, a complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If
the whereabouts of any of such persons is unknown and the
same cannot be ascertained by the board or officer in the
exercise of reasonable diligence, and the board or officer
makes an affidavit to that effect, then the serving of such
complaint or order upon such persons may be made either by
personal service or by mailing a copy of the complaint and
order by certified mail, postage prepaid, return receipt
requested, to each such person at the address of the building
involved in the proceedings, and mailing a copy of the complaint and order by first-class mail to any address of each
such person in the records of the county assessor or the
county auditor for the county where the property is located.
Such complaint shall contain a notice that a hearing will be
held before the board or officer, at a place therein fixed, not
less than ten days nor more than thirty days after the serving
of the complaint; and that all parties in interest shall be given
the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place
in the complaint. The rules of evidence prevailing in courts
of law or equity shall not be controlling in hearings before the
board or officer. A copy of such complaint shall also be filed
with the auditor of the county in which the dwelling, building, structure, or premises is located, and such filing of the
complaint or order shall have the same force and effect as
other lis pendens notices provided by law.
(d) That the board or officer may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if it finds that conditions exist in such
dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of
such dwelling, building, structure, or premises, the occupants
of neighboring dwellings, or other residents of such municipality. Such conditions may include the following, without
limitations: Defects therein increasing the hazards of fire or
accident; inadequate ventilation, light, or sanitary facilities,
dilapidation, disrepair, structural defects, uncleanliness,
overcrowding, or inadequate drainage. The ordinance shall
state reasonable and minimum standards covering such conditions, including those contained in ordinances adopted in
accordance with subsection (7)(a) of this section, to guide the
board or the public officer and the agents and employees of
either, in determining the fitness of a dwelling for human
habitation, or building, structure, or premises for other use.
(2010 Ed.)
35.80.030
(e) That the determination of whether a dwelling, building, structure, or premises should be repaired or demolished,
shall be based on specific stated standards on (i) the degree of
structural deterioration of the dwelling, building, structure, or
premises, or (ii) the relationship that the estimated cost of
repair bears to the value of the dwelling, building, structure,
or premises, with the method of determining this value to be
specified in the ordinance.
(f) That if, after the required hearing, the board or officer
determines that the dwelling is unfit for human habitation, or
building or structure or premises is unfit for other use, it shall
state in writing its findings of fact in support of such determination, and shall issue and cause to be served upon the owner
or party in interest thereof, as is provided in (c) of this subsection, and shall post in a conspicuous place on the property, an
order that (i) requires the owner or party in interest, within the
time specified in the order, to repair, alter, or improve such
dwelling, building, structure, or premises to render it fit for
human habitation, or for other use, or to vacate and close the
dwelling, building, structure, or premises, if such course of
action is deemed proper on the basis of the standards set forth
as required in (e) of this subsection; or (ii) requires the owner
or party in interest, within the time specified in the order, to
remove or demolish such dwelling, building, structure, or
premises, if this course of action is deemed proper on the
basis of those standards. If no appeal is filed, a copy of such
order shall be filed with the auditor of the county in which the
dwelling, building, structure, or premises is located.
(g) That the owner or any party in interest, within thirty
days from the date of service upon the owner and posting of
an order issued by the board under (c) of this subsection, may
file an appeal with the appeals commission.
The local governing body of the municipality shall designate or establish a municipal agency to serve as the appeals
commission. The local governing body shall also establish
rules of procedure adequate to assure a prompt and thorough
review of matters submitted to the appeals commission, and
such rules of procedure shall include the following, without
being limited thereto: (i) All matters submitted to the appeals
commission must be resolved by the commission within sixty
days from the date of filing therewith and (ii) a transcript of
the findings of fact of the appeals commission shall be made
available to the owner or other party in interest upon demand.
The findings and orders of the appeals commission shall
be reported in the same manner and shall bear the same legal
consequences as if issued by the board, and shall be subject to
review only in the manner and to the extent provided in subsection (2) of this section.
If the owner or party in interest, following exhaustion of
his or her rights to appeal, fails to comply with the final order
to repair, alter, improve, vacate, close, remove, or demolish
the dwelling, building, structure, or premises, the board or
officer may direct or cause such dwelling, building, structure,
or premises to be repaired, altered, improved, vacated, and
closed, removed, or demolished.
(h) That the amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal
or demolition by the board or officer, shall be assessed
against the real property upon which such cost was incurred
unless such amount is previously paid. For purposes of this
subsection, the cost of vacating and closing shall include (i)
[Title 35 RCW—page 265]
35.80.040
Title 35 RCW: Cities and Towns
the amount of relocation assistance payments that a property
owner has not repaid to a municipality or other local government entity that has advanced relocation assistance payments
to tenants under RCW 59.18.085 and (ii) all penalties and
interest that accrue as a result of the failure of the property
owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085. Upon certification to
him or her by the treasurer of the municipality in cases arising
out of the city or town or by the county improvement board or
officer, in cases arising out of the county, of the assessment
amount being due and owing, the county treasurer shall enter
the amount of such assessment upon the tax rolls against the
property for the current year and the same shall become a part
of the general taxes for that year to be collected at the same
time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when
collected to be deposited to the credit of the general fund of
the municipality. If the dwelling, building, structure, or premises is removed or demolished by the board or officer, the
board or officer shall, if possible, sell the materials of such
dwelling, building, structure, or premises in accordance with
procedures set forth in the ordinance, and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to
the parties entitled thereto, as determined by the board or
officer, after deducting the costs incident thereto.
The assessment shall constitute a lien against the property which shall be of equal rank with state, county and
municipal taxes.
(2) Any person affected by an order issued by the
appeals commission pursuant to subsection (1)(g) of this section may, within thirty days after the posting and service of
the order, petition to the superior court for an injunction
restraining the public officer or members of the board from
carrying out the provisions of the order. In all such proceedings the court is authorized to affirm, reverse, or modify the
order and such trial shall be heard de novo.
(3) An ordinance adopted by the local governing body of
the municipality may authorize the board or officer to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this section.
These powers shall include the following in addition to others
granted in this section: (a)(i) To determine which dwellings
within the municipality are unfit for human habitation; (ii) to
determine which buildings, structures, or premises are unfit
for other use; (b) to administer oaths and affirmations, examine witnesses, and receive evidence; and (c) to investigate the
dwelling and other property conditions in the municipality or
county and to enter upon premises for the purpose of making
examinations when the board or officer has reasonable
ground for believing they are unfit for human habitation, or
for other use: PROVIDED, That such entries shall be made
in such manner as to cause the least possible inconvenience to
the persons in possession, and to obtain an order for this purpose after submitting evidence in support of an application
which is adequate to justify such an order from a court of
competent jurisdiction in the event entry is denied or resisted.
(4) The local governing body of any municipality adopting an ordinance pursuant to this chapter may appropriate the
necessary funds to administer such ordinance.
[Title 35 RCW—page 266]
(5) This section does not abrogate or impair the powers
of the courts or of any department of any municipality to
enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the
powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.
(6) This section does not impair or limit in any way the
power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or otherwise.
(7) Any municipality may by ordinance adopted by its
governing body (a) prescribe minimum standards for the use
and occupancy of dwellings throughout the municipality or
county, (b) prescribe minimum standards for the use or occupancy of any building, structure, or premises used for any
other purpose, (c) prevent the use or occupancy of any dwelling, building, structure, or premises, that is injurious to the
public health, safety, morals, or welfare, and (d) prescribe
punishment for the violation of any provision of such ordinance. [2005 c 364 § 3; 1989 c 133 § 3; 1984 c 213 § 1; 1973
1st ex.s. c 144 § 1; 1969 ex.s. c 127 § 3; 1967 c 111 § 3; 1965
c 7 § 35.80.030. Prior: 1959 c 82 § 3.]
Purpose—Construction—2005 c 364: See notes following RCW
59.18.085.
35.80.040 Discrimination prohibited. For all the purposes of this chapter and the ordinances adopted as provided
herein, no person shall, because of race, creed, color, or
national origin, be subjected to any discrimination. [1965 c 7
§ 35.80.040. Prior: 1959 c 82 § 4.]
35.80.040
Discrimination—Human rights commission: Chapter 49.60 RCW.
Chapter 35.80A RCW
CONDEMNATION OF BLIGHTED PROPERTY
Chapter 35.80A
Sections
35.80A.010
35.80A.020
35.80A.030
35.80A.040
Condemnation of blighted property.
Transfer of blighted property acquired by condemnation.
Disposition of blighted property—Procedures.
Authority to enter blighted buildings or property—Acceptance
of financial assistance.
35.80A.900 Severability—1989 c 271.
35.80A.010 Condemnation of blighted property.
Every county, city, and town may acquire by condemnation,
in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a
blight on the surrounding neighborhood. A "blight on the surrounding neighborhood" is any property, dwelling, building,
or structure that meets any two of the following factors: (1)
If a dwelling, building, or structure exists on the property, the
dwelling, building, or structure has not been lawfully occupied for a period of one year or more; (2) the property, dwelling, building, or structure constitutes a threat to the public
health, safety, or welfare as determined by the executive
authority of the county, city, or town, or the designee of the
executive authority; or (3) the property, dwelling, building, or
structure is or has been associated with illegal drug activity
during the previous twelve months. Prior to such condemnation, the local governing body shall adopt a resolution declaring that the acquisition of the real property described therein
35.80A.010
(2010 Ed.)
Community Renewal Law
is necessary to eliminate neighborhood blight. Condemnation
of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public
use. [1994 c 175 § 1; 1989 c 271 § 239.]
35.80A.020
35.80A.020 Transfer of blighted property acquired
by condemnation. Counties, cities, and towns may sell,
lease, or otherwise transfer real property acquired pursuant to
this chapter for residential, recreational, commercial, industrial, or other uses or for public use, subject to such covenants, conditions, and restrictions, including covenants running with the land, as the county, city, or town deems to be
necessary or desirable to rehabilitate and preserve the dwelling, building, or structure in a habitable condition. The purchasers or lessees and their successors and assigns shall be
obligated to comply with such other requirements as the
county, city, or town may determine to be in the public interest, including the obligation to begin, within a reasonable
time, any improvements on such property required to make
the dwelling, building, or structure habitable. Such real property or interest shall be sold, leased, or otherwise transferred,
at not less than its fair market value. In determining the fair
market value of real property for uses in accordance with this
section, a municipality shall take into account and give consideration to, the restrictions upon and the covenants, conditions, and obligations assumed by the purchaser or lessee.
[1989 c 271 § 240.]
35.80A.030
35.80A.030 Disposition of blighted property—Procedures. A county, city, or town may dispose of real property
acquired pursuant to this section to private persons only
under such reasonable, competitive procedures as it shall prescribe. The county, city, or town may accept such proposals
as it deems to be in the public interest and in furtherance of
the purposes of this chapter. Thereafter, the county, city, or
town may execute and deliver contracts, deeds, leases, and
other instruments of transfer. [1989 c 271 § 241.]
35.80A.040
35.80A.040 Authority to enter blighted buildings or
property—Acceptance of financial assistance. Every
county, city, or town may, in addition to any other authority
granted by this chapter: (1) Enter upon any building or property found to constitute a blight on the surrounding neighborhood in order to make surveys and appraisals, and to obtain
an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; and (2) borrow
money, apply for, and accept, advances, loans, grants, contributions, and any other form of financial assistance from the
federal government, the state, a county, or other public body,
or from any sources, public or private, for the purposes of this
chapter, and enter into and carry out contracts in connection
herewith. [1989 c 271 § 242.]
35.80A.900
35.80A.900 Severability—1989 c 271.
lowing RCW 9.94A.510.
(2010 Ed.)
See note fol-
Chapter 35.81
35.81.005
Chapter 35.81 RCW
COMMUNITY RENEWAL LAW
(Formerly: Urban renewal law)
Sections
35.81.005
35.81.015
35.81.030
35.81.040
35.81.050
35.81.060
35.81.070
35.81.080
35.81.090
35.81.095
35.81.100
35.81.110
35.81.115
35.81.120
35.81.130
35.81.140
35.81.150
35.81.160
35.81.170
35.81.180
35.81.190
35.81.200
35.81.910
Declaration of purpose and necessity.
Definitions.
Encouragement of private enterprise.
Formulation of workable program.
Findings by local governing body required—Exercise of community renewal agency powers.
Comprehensive plan—Preparation—Hearing—Approval—
Modification—Effect.
Powers of municipality.
Eminent domain.
Acquisition, disposal of real property in community renewal
area.
Selection of person to undertake redevelopment or rehabilitation of real property.
Bonds—Issuance—Form, terms, payment, etc.—Fund for
excess property tax, excise tax.
Bonds as legal investment, security.
General obligation bonds authorized.
Property of municipality exempt from process and taxes.
Powers of public bodies.
Conveyance to purchaser, etc., presumed to be in compliance
with chapter.
Exercise of community renewal project powers.
Exercise of community renewal project powers—Assignment
of powers—Community renewal agency.
Discrimination prohibited.
Restrictions against public officials or employees acquiring or
owning an interest in project, contract, etc.
Local improvement districts—Establishment—Special assessments—Bonds.
Local improvement districts—Content of notice.
Short title.
35.81.005 Declaration of purpose and necessity. It is
hereby found and declared that blighted areas which constitute a serious and growing menace, injurious to the public
health, safety, morals and welfare of the residents of the state
exist in municipalities of the state; that the existence of such
areas contributes substantially and increasingly to the spread
of disease and crime and depreciation of property values,
constitutes an economic and social liability, substantially
impairs or arrests the sound growth of municipalities, retards
the provision of housing accommodations, hinders job creation and economic growth, aggravates traffic problems and
substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the
prevention and elimination of such areas is a matter of state
policy and state concern in order that the state and its municipalities shall not continue to be endangered by areas which
are focal centers of disease, promote juvenile delinquency,
are conducive to fires, are difficult to police and to provide
police protection for, and, while contributing little to the tax
income of the state and its municipalities, consume an excessive proportion of its revenues because of the extra services
required for police, fire, accident, hospitalization and other
forms of public protection, services, and facilities.
It is further found and declared that certain of such areas,
or portions thereof, may require acquisition, clearance, and
disposition subject to use restrictions, as provided in this
chapter, since the prevailing condition of decay may make
impracticable the reclamation of the area by rehabilitation;
that other areas or portions thereof may, through the means
provided in this chapter, be susceptible of rehabilitation in
such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that
35.81.005
[Title 35 RCW—page 267]
35.81.015
Title 35 RCW: Cities and Towns
to the extent feasible salvable blighted areas should be rehabilitated through voluntary action and the regulatory process.
It is further found and declared that there is an urgent
need to enhance the ability of municipalities to act effectively
and expeditiously to revive blighted areas and to prevent further blight due to shocks to the economy of the state and their
actual and threatened effects on unemployment, poverty, and
the availability of private capital for businesses and projects
in the area.
It is further found and declared that the powers conferred
by this chapter are for public uses and purposes for which
public money may be expended and the power of eminent
domain exercised; and that the necessity in the public interest
for the provisions herein enacted is hereby declared as a matter of legislative determination. [2002 c 218 § 2; 1965 c 7 §
35.81.020. Prior: 1957 c 42 § 2. Formerly RCW 35.81.020.]
Severability—2002 c 218: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 218 § 28.]
Savings—Construction—2002 c 218: "(1) This act does not impair
any authority granted, any actions undertaken, or any liability or obligation
incurred under the sections amended in this act or under any rule, order, plan,
or project adopted under those sections, nor does it impair any proceedings
instituted under those sections.
(2) Any power granted in this act with respect to a community renewal
plan, and any process authorized for the exercise of the power, may be used
by any municipality in implementing any urban renewal plan or project
adopted under chapter 35.81 RCW, to the same extent as if the plan were
adopted as a community renewal plan.
(3) This act shall be liberally construed." [2002 c 218 § 29.]
35.81.015 Definitions. The following terms wherever
used or referred to in this chapter, shall have the following
meanings, unless a different meaning is clearly indicated by
the context:
(1) "Agency" or "community renewal agency" means a
public agency created under RCW 35.81.160 or otherwise
authorized to serve as a community renewal agency under
this chapter.
(2) "Blighted area" means an area which, by reason of
the substantial physical dilapidation, deterioration, defective
construction, material, and arrangement and/or age or obsolescence of buildings or improvements, whether residential
or nonresidential, inadequate provision for ventilation, light,
proper sanitary facilities, or open spaces as determined by
competent appraisers on the basis of an examination of the
building standards of the municipality; inappropriate uses of
land or buildings; existence of overcrowding of buildings or
structures; defective or inadequate street layout; faulty lot
layout in relation to size, adequacy, accessibility or usefulness; excessive land coverage; insanitary or unsafe conditions; deterioration of site; existence of hazardous soils, substances, or materials; diversity of ownership; tax or special
assessment delinquency exceeding the fair value of the land;
defective or unusual conditions of title; improper subdivision
or obsolete platting; existence of persistent and high levels of
unemployment or poverty within the area; or the existence of
conditions that endanger life or property by fire or other
causes, or any combination of such factors, is conducive to ill
health, transmission of disease, infant mortality, juvenile
delinquency or crime; substantially impairs or arrests the
sound growth of the municipality or its environs, or retards
35.81.015
[Title 35 RCW—page 268]
the provision of housing accommodations; constitutes an
economic or social liability; and/or is detrimental, or constitutes a menace, to the public health, safety, welfare, or morals
in its present condition and use.
(3) "Bonds" means any bonds, notes, or debentures
(including refunding obligations) herein authorized to be
issued.
(4) "Clerk" means the clerk or other official of the
municipality who is the custodian of the official records of
such municipality.
(5) "Community renewal area" means a blighted area
which the local governing body designates as appropriate for
a community renewal project or projects.
(6) "Community renewal plan" means a plan, as it exists
from time to time, for a community renewal project or
projects, which plan (a) shall be consistent with the comprehensive plan or parts thereof for the municipality as a whole;
(b) shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment,
improvements, and rehabilitation as may be proposed to be
carried out in the community renewal area; zoning and planning changes, if any, which may include, among other things,
changes related to land uses, densities, and building requirements; and the plan’s relationship to definite local objectives
respecting appropriate land uses, improved traffic, public
transportation, public utilities, recreational and community
facilities, and other public improvements; (c) shall address
the need for replacement housing, within the municipality,
where existing housing is lost as a result of the community
renewal project undertaken by the municipality under this
chapter; and (d) may include a plan to address any persistent
high levels of unemployment or poverty in the community
renewal area.
(7) "Community renewal project" includes one or more
undertakings or activities of a municipality in a community
renewal area: (a) For the elimination and the prevention of
the development or spread of blight; (b) for encouraging economic growth through job creation or retention; (c) for redevelopment or rehabilitation in a community renewal area; or
(d) any combination or part thereof in accordance with a
community renewal plan.
(8) "Federal government" includes the United States of
America or any agency or instrumentality, corporate or otherwise, of the United States of America.
(9) "Local governing body" means the council or other
legislative body charged with governing the municipality.
(10) "Mayor" means the chief executive of a city or
town, or the elected executive, if any, of any county operating
under a charter, or the county legislative authority of any
other county.
(11) "Municipality" means any incorporated city or
town, or any county, in the state.
(12) "Obligee" includes any bondholder, agent, or trustees for any bondholders, any lessor demising to the municipality property used in connection with a community renewal
project, or any assignee or assignees of such lessor’s interest
or any part thereof, and the federal government when it is a
party to any contract with the municipality.
(13) "Person" means any individual, firm, partnership,
corporation, company, association, joint stock association, or
school district; and shall include any trustee, receiver,
(2010 Ed.)
Community Renewal Law
assignee, or other person acting in a similar representative
capacity.
(14) "Persons of low income" means an individual with
an annual income, at the time of hiring or at the time assistance is provided under this chapter, that does not exceed the
higher of either: (a) Eighty percent of the statewide median
family income, adjusted for family size; or (b) eighty percent
of the median family income for the county or standard metropolitan statistical area, adjusted for family size, where the
community renewal area is located.
(15) "Public body" means the state or any municipality,
board, commission, district, or any other subdivision or public body of the state or of a municipality.
(16) "Public officer" means any officer who is in charge
of any department or branch of the government of the municipality relating to health, fire, building regulations, or to other
activities concerning dwellings in the municipality.
(17) "Real property" includes all lands, including
improvements and fixtures thereon, and property of any
nature appurtenant thereto, or used in connection therewith,
and every estate, interest, right and use, legal or equitable,
therein, including terms for years and liens by way of judgment, mortgage or otherwise.
(18) "Redevelopment" includes (a) acquisition of a
blighted area or portion thereof; (b) demolition and removal
of buildings and improvements; (c) installation, construction
or reconstruction of streets, utilities, parks, playgrounds, and
other improvements necessary for carrying out in the area the
community renewal provisions of this chapter in accordance
with the community renewal plan; (d) making the land available for development or redevelopment by private enterprise
or public bodies (including sale, initial leasing, or retention
by the municipality itself) at its fair value for uses in accordance with the community renewal plan; and (e) making
loans or grants to a person or public body for the purpose of
creating or retaining jobs, a substantial portion of which, as
determined by the municipality, shall be for persons of low
income.
(19) "Rehabilitation" includes the restoration and
renewal of a blighted area or portion thereof, in accordance
with a community renewal plan, by (a) carrying out plans for
a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (b) acquisition of
real property and demolition or removal of buildings and
improvements thereon where necessary to eliminate
unhealthful, insanitary or unsafe conditions, lessen density,
reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land
for needed public facilities; (c) installation, construction or
reconstruction of streets, utilities, parks, playgrounds, and
other improvements necessary for carrying out in the area the
community renewal provisions of this chapter; and (d) the
disposition of any property acquired in such community
renewal area for uses in accordance with such community
renewal plan. [2002 c 218 § 1; 1991 c 363 § 41; 1975 c 3 §
1; 1971 ex.s. c 177 § 6; 1965 c 7 § 35.81.010. Prior: 1957 c
42 § 1. Formerly RCW 35.81.010.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
(2010 Ed.)
35.81.050
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
35.81.030 Encouragement of private enterprise. A
municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this chapter, shall afford
maximum opportunity, consistent with the needs of the
municipality as a whole, to the rehabilitation or redevelopment of the community renewal area by private enterprise. A
municipality shall give consideration to this objective in
exercising its powers under this chapter, including the formulation of a workable program, the approval of community
renewal plans (consistent with the comprehensive plan or
parts thereof for the municipality), the exercise of its zoning
powers, the enforcement of other laws, codes and regulations
relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property
acquired, and the provision of necessary public improvements. [2002 c 218 § 3; 1965 c 7 § 35.81.030. Prior: 1957 c
42 § 3.]
35.81.030
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.040 Formulation of workable program. A
municipality for the purposes of this chapter may formulate a
workable program for using appropriate private and public
resources to eliminate, and prevent the development or
spread of, blighted areas, to encourage needed community
rehabilitation, to provide for the redevelopment of such areas,
or to undertake the activities, or other feasible municipal
activities as may be suitably employed to achieve the objectives of the workable program. The workable program may
include, without limitation, provision for: The prevention of
the spread of blight into areas of the municipality which are
free from blight through diligent enforcement of housing,
zoning, and occupancy controls and standards; the rehabilitation of blighted areas or portions thereof by replanning,
removing congestion, providing parks, playgrounds and
other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of
deteriorated or deteriorating structures; the replacement of
housing that is lost as a result of community renewal activities within a community renewal area; the clearance and redevelopment of blighted areas or portions thereof; and the
reduction of unemployment and poverty within the community renewal area by providing financial or technical assistance to a person or public body that is used to create or retain
jobs, a substantial portion of which, as determined by the
municipality, shall be for persons of low income. [2002 c
218 § 4; 1965 c 7 § 35.81.040. Prior: 1957 c 42 § 4.]
35.81.040
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.050 Findings by local governing body
required—Exercise of community renewal agency powers. (1) No municipality shall exercise any of the powers
hereafter conferred upon municipalities by this chapter until
after its local governing body shall have adopted an ordinance or resolution finding that: (a) One or more blighted
areas exist in such municipality; and (b) the rehabilitation,
redevelopment, or a combination thereof, of such area or
35.81.050
[Title 35 RCW—page 269]
35.81.060
Title 35 RCW: Cities and Towns
areas is necessary in the interest of the public health, safety,
morals, or welfare of the residents of such municipality.
(2) After adoption of the ordinance or resolution making
the findings described in subsection (1) of this section, the
local governing body of the municipality may elect to have
the powers of a community renewal agency under this chapter exercised in one of the following ways:
(a) By appointing a board or commission composed of
not less than five members, which board or commission shall
include municipal officials and elected officials, selected by
the mayor, with approval of the local governing body of the
municipality; or
(b) By the local governing body of the municipality
directly; or
(c) By the board of a public corporation, commission, or
authority under chapter 35.21 RCW, or a public facilities district created under chapter 35.57 or 36.100 RCW, or a public
port district created under chapter 53.04 RCW, or a housing
authority created under chapter 35.82 RCW, that is authorized to conduct activities as a community renewal agency
under this chapter. [2002 c 218 § 5; 1965 c 7 § 35.81.050.
Prior: 1957 c 42 § 5.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.060 Comprehensive plan—Preparation—
Hearing—Approval—Modification—Effect. (1) A
municipality shall not approve a community renewal project
for a community renewal area unless the local governing
body has, by ordinance or resolution, determined such an
area to be a blighted area and designated the area as appropriate for a community renewal project. The local governing
body shall not approve a community renewal plan until a
comprehensive plan or parts of the plan for an area which
would include a community renewal area for the municipality
have been prepared as provided in chapter 36.70A RCW. For
municipalities not subject to the planning requirements of
chapter 36.70A RCW, any proposed comprehensive plan
must be consistent with a local comprehensive plan adopted
under chapter 35.63 or 36.70 RCW, or any other applicable
law. A municipality shall not acquire real property for a community renewal project unless the local governing body has
approved the community renewal project plan in accordance
with subsection (4) of this section.
(2) The municipality may itself prepare or cause to be
prepared a community renewal plan, or any person or agency,
public or private, may submit such a plan to the municipality.
Prior to its approval of a community renewal project, the
local governing body shall review and determine the conformity of the community renewal plan with the comprehensive
plan or parts thereof for the development of the municipality
as a whole. If the community renewal plan is not consistent
with the existing comprehensive plan, the local governing
body may amend its comprehensive plan or community
renewal plan.
(3) Prior to adoption, the local governing body shall hold
a public hearing on a community renewal plan after providing public notice. The notice shall be given by publication
once each week for two consecutive weeks not less than ten
nor more than thirty days prior to the date of the hearing in a
newspaper having a general circulation in the community
35.81.060
[Title 35 RCW—page 270]
renewal area of the municipality and by mailing a notice of
the hearing not less than ten days prior to the date of the hearing to the persons whose names appear on the county treasurer’s tax roll as the owner or reputed owner of the property,
at the address shown on the tax roll. The notice shall describe
the time, date, place, and purpose of the hearing, shall generally identify the community renewal area affected, and shall
outline the general scope of the community renewal plan
under consideration.
(4) Following the hearing, the local governing body may
approve a community renewal project if it finds that (a) a feasible plan exists for making available adequate housing for
the residents who may be displaced by the project; (b) the
community renewal plan conforms to the comprehensive
plan for the municipality; (c) the community renewal plan
will afford maximum opportunity, consistent with the needs
of the municipality, for the rehabilitation or redevelopment of
the community renewal area by private enterprise; (d) a
sound and adequate financial program exists for the financing
of the project; and (e) the community renewal project area is
a blighted area as defined in RCW 35.81.015(2).
(5) A community renewal project plan may be modified
at any time by the local governing body. However, if modified after the lease or sale by the municipality of real property
in the community renewal project area, the modification shall
be subject to the rights at law or in equity as a lessee or purchaser, or the successor or successors in interest may be entitled to assert.
(6) Unless otherwise expressly stated in an ordinance or
resolution of the governing body of the municipality, a community renewal plan shall not be considered a subarea plan or
part of a comprehensive plan for purposes of chapter 36.70A
RCW. However, a municipality that has adopted a comprehensive plan under chapter 36.70A RCW may adopt all or
part of a community renewal plan at any time as a new or
amended subarea plan, whether or not any subarea plan has
previously been adopted for all or part of the community
renewal area. Any community renewal plan so adopted,
unless otherwise determined by the growth management
hearings board with jurisdiction under a timely appeal in
RCW 36.70A.280, shall be conclusively presumed to comply
with the requirements in this chapter for consistency with the
comprehensive plan. [2002 c 218 § 6; 1965 c 7 § 35.81.060.
Prior: 1957 c 42 § 6.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.070 Powers of municipality. Every municipality
shall have all the powers necessary or convenient to carry out
and effectuate the purposes and provisions of this chapter,
including the following powers in addition to others granted
under this chapter:
(1) To undertake and carry out community renewal
projects within the municipality, to make and execute contracts and other instruments necessary or convenient to the
exercise of its powers under this chapter, and to disseminate
blight clearance and community renewal information.
(2) To provide or to arrange or contract for the furnishing
or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or
other facilities for, or in connection with, a community
35.81.070
(2010 Ed.)
Community Renewal Law
renewal project; to install, construct, and reconstruct streets,
utilities, parks, playgrounds, and other public improvements;
and to agree to any conditions that it may deem reasonable
and appropriate attached to federal financial assistance and
imposed pursuant to federal law relating to the determination
of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a community
renewal project, and to include in any contract let in connection with such a project, provisions to fulfill such of said conditions as it may deem reasonable and appropriate.
(3) To provide financial or technical assistance, using
available public or private funds, to a person or public body
for the purpose of creating or retaining jobs, a substantial portion of which, as determined by the municipality, shall be for
persons of low income.
(4) To make payments, loans, or grants to, provide assistance to, and contract with existing or new owners and tenants of property in the community renewal areas as compensation for any adverse impacts, such as relocation or interruption of business, that may be caused by the implementation of
a community renewal project, and/or consideration for commitments to develop, expand, or retain land uses that contribute to the success of the project or plan, including without
limitation businesses that will create or retain jobs, a substantial portion of which, as determined by the municipality, shall
be for persons of low income.
(5) To contract with a person or public body to provide
financial assistance, authorized under this section, to property
owners and tenants impacted by the implementation of the
community renewal plan and to provide incentives to property owners and tenants to encourage them to locate in the
community renewal area after adoption of the community
renewal plan.
(6) Within the municipality, to enter upon any building
or property in any community renewal area, in order to make
surveys and appraisals, provided that such entries shall be
made in such a manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for
this purpose from a court of competent jurisdiction in the
event entry is denied or resisted; to acquire by purchase,
lease, option, gift, grant, bequest, devise, eminent domain, or
otherwise, any real property and such personal property as
may be necessary for the administration of the provisions
herein contained, together with any improvements thereon; to
hold, improve, clear, or prepare for redevelopment any such
property; to dispose of any real property; to insure or provide
for the insurance of any real or personal property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance: PROVIDED, That no statutory provision with respect to the
acquisition, clearance, or disposition of property by public
bodies shall restrict a municipality in the exercise of such
functions with respect to a community renewal project.
(7) To invest any community renewal project funds held
in reserves or sinking funds or any such funds which are not
required for immediate disbursement, in property or securities in which mutual savings banks may legally invest funds
subject to their control; to redeem such bonds as have been
issued pursuant to RCW 35.81.100 at the redemption price
established therein or to purchase such bonds at less than
(2010 Ed.)
35.81.070
redemption price, all such bonds so redeemed or purchased to
be canceled.
(8) To borrow money and to apply for, and accept,
advances, loans, grants, contributions and any other form of
financial assistance from the federal government, the state,
county, or other public body, or from any sources, public or
private, for the purposes of this chapter, and to enter into and
carry out contracts in connection therewith. A municipality
may include in any application or contract for financial assistance with the federal government for a community renewal
project such conditions imposed pursuant to federal laws as
the municipality may deem reasonable and appropriate and
which are not inconsistent with the purposes of this chapter.
(9) Within the municipality, to make or have made all
plans necessary to the carrying out of the purposes of this
chapter and to contract with any person, public or private, in
making and carrying out such plans and to adopt or approve,
modify, and amend such plans. Such plans may include,
without limitation: (a) A comprehensive plan or parts thereof
for the locality as a whole, (b) community renewal plans, (c)
plans for carrying out a program of voluntary or compulsory
repair and rehabilitation of buildings and improvements, (d)
plans for the enforcement of state and local laws, codes, and
regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory
repair, rehabilitation, demolition, or removal of buildings and
improvements, (e) appraisals, title searches, surveys, studies,
and other preliminary plans and work necessary to prepare
for the undertaking of community renewal projects, and (f)
plans to provide financial or technical assistance to a person
or public body for the purpose of creating or retaining jobs, a
substantial portion of which, as determined by the municipality, shall be for persons of low income. The municipality is
authorized to develop, test, and report methods and techniques, and carry out demonstrations and other activities, for
the prevention and the elimination of blight, for job creation
or retention activities, and to apply for, accept, and utilize
grants of, funds from the federal government for such purposes.
(10) To prepare plans for the relocation of families displaced from a community renewal area, and to coordinate
public and private agencies in such relocation, including
requesting such assistance for this purpose as is available
from other private and governmental agencies, both for the
municipality and other parties.
(11) To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this
chapter, and in accordance with state law: (a) Levy taxes and
assessments for such purposes; (b) acquire land either by
negotiation or eminent domain, or both; (c) close, vacate,
plan, or replan streets, roads, sidewalks, ways, or other
places; (d) plan or replan, zone or rezone any part of the
municipality; (e) adopt annual budgets for the operation of a
community renewal agency, department, or offices vested
with community renewal project powers under RCW
35.81.150; and (f) enter into agreements with such agencies
or departments (which agreements may extend over any
period) respecting action to be taken by such municipality
pursuant to any of the powers granted by this chapter.
(12) Within the municipality, to organize, coordinate,
and direct the administration of the provisions of this chapter
[Title 35 RCW—page 271]
35.81.080
Title 35 RCW: Cities and Towns
as they apply to such municipality in order that the objective
of remedying blighted areas and preventing the causes
thereof within such municipality may be most effectively
promoted and achieved, and to establish such new office or
offices of the municipality or to reorganize existing offices in
order to carry out such purpose most effectively.
(13) To contract with a person or public body to assist in
carrying out the purposes of this chapter.
(14) To exercise all or any part or combination of powers
herein granted. [2002 c 218 § 7; 1965 c 7 § 35.81.070. Prior:
1957 c 42 § 7.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.080 Eminent domain. A municipality shall have
the right to acquire by condemnation, in accordance with the
procedure provided for condemnation by such municipality
for other purposes, any interest in real property, which it may
deem necessary for a community renewal project under this
chapter after the adoption by the local governing body of a
resolution declaring that the acquisition of the real property
described therein is necessary for such purpose. Condemnation for community renewal of blighted areas is declared to
be a public use, and property already devoted to any other
public use or acquired by the owner or a predecessor in interest by eminent domain may be condemned for the purposes
of this chapter.
The award of compensation for real property taken for
such a project shall not be increased by reason of any increase
in the value of the real property caused by the assembly,
clearance, or reconstruction, or proposed assembly, clearance, or reconstruction in the project area. No allowance shall
be made for the improvements begun on real property after
notice to the owner of such property of the institution of proceedings to condemn such property. Evidence shall be admissible bearing upon the insanitary, unsafe, or substandard condition of the premises, or the unlawful use thereof. [2002 c
218 § 8; 1965 c 7 § 35.81.080. Prior: 1957 c 42 § 8.]
35.81.080
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Eminent domain by cities: Chapter 8.12 RCW.
35.81.090 Acquisition, disposal of real property in
community renewal area. (1) A municipality, with
approval of its legislative authority, may acquire real property, or any interest therein, for the purposes of a community
renewal project (a) prior to the selection of one or more persons interested in undertaking to redevelop or rehabilitate the
real property, or (b) after the selection of one or more persons
interested in undertaking to redevelop or rehabilitate such
real property. In either case the municipality may select a
redeveloper through a competitive bidding process consistent
with this section or through a process consistent with RCW
35.81.095.
(2) A municipality, with approval of its legislative
authority, may sell, lease, or otherwise transfer real property
or any interest therein acquired by it for a community renewal
project, in a community renewal area for residential, recreational, commercial, industrial, or other uses or for public
use, and may enter into contracts with respect thereto, or may
retain such a property or interest only for parks and recre35.81.090
[Title 35 RCW—page 272]
ation, education, public utilities, public transportation, public
safety, health, highways, streets, and alleys, administrative
buildings, or civic centers, in accordance with the community
renewal project plan, subject to such covenants, conditions,
and restrictions, including covenants running with the land,
as it may deem to be necessary or desirable to assist in preventing the development or spread of blighted areas or otherwise to carry out the purposes of this chapter. However, such
a sale, lease, other transfer, or retention, and any agreement
relating thereto, may be made only after the approval of the
community renewal plan by the local governing body. The
purchasers or lessees and their successors and assigns shall
be obligated to devote the real property only to the uses specified in the community renewal plan, and may be obligated to
comply with any other requirements as the municipality may
determine to be in the public interest, including the obligation
to begin and complete, within a reasonable time, any
improvements on the real property required by the community renewal plan or promised by the transferee. The real
property or interest shall be sold, leased, or otherwise transferred for the consideration the municipality determines adequate. In determining the adequacy of consideration, a
municipality may take into account the uses permitted under
the community renewal plan; the restrictions upon, and the
covenants, conditions, and obligations assumed by, the transferee; and the public benefits to be realized, including furthering of the objectives of the plan for the prevention of the
recurrence of blighted areas.
(3) The municipality in any instrument of conveyance to
a private purchaser or lessee may provide that the purchaser
or lessee shall be without power to sell, lease, or otherwise
transfer the real property, or to permit changes in ownership
or control of a purchaser or lessee that is not a natural person,
in each case without the prior written consent of the municipality until the purchaser or lessee has completed the construction of all improvements that it has obligated itself to
construct thereon. The municipality may also retain the right,
upon any earlier transfer or change in ownership or control
without consent; or any failure or change in ownership or
control without consent; or any failure to complete the
improvements within the time agreed to terminate the transferee’s interest in the property; or to retain or collect on any
deposit or instrument provided as security, or both. The
enforcement of these restrictions and remedies is declared to
be consistent with the public policy of this state. Real property acquired by a municipality that, in accordance with the
provisions of the community renewal plan, is to be transferred, shall be transferred as rapidly as feasible, in the public
interest, consistent with the carrying out of the provisions of
the community renewal plan. The inclusion in any contract or
conveyance to a purchaser or lessee of any covenants, restrictions, or conditions (including the incorporation by reference
therein of the provisions of a community renewal plan or any
part thereof) shall not prevent the recording of such a contract
or conveyance in the land records of the auditor or the county
in which the city or town is located, in a manner that affords
actual or constructive notice thereof.
(4)(a)(i) A municipality may dispose of real property in
a community renewal area, acquired by the municipality
under this chapter, to any private persons only under those
reasonable competitive bidding procedures as it shall pre(2010 Ed.)
Community Renewal Law
scribe, or by competitive bidding as provided in this subsection, through direct negotiation where authorized under (c) of
this subsection, or by a process authorized in RCW
35.81.095.
(ii) A competitive bidding process may occur (A) prior
to the purchase of the real property by the municipality, or
(B) after the purchase of the real property by the municipality.
(b)(i) A municipality may, by public notice by publication once each week for three consecutive weeks in a newspaper having a general circulation in the community, prior to
the execution of any contract or deed to sell, lease, or otherwise transfer real property and prior to the delivery of any
instrument of conveyance with respect thereto under the provisions of this section, invite bids from, and make available
all pertinent information to, private redevelopers or any persons interested in undertaking to redevelop or rehabilitate a
community renewal area, or any part thereof. This notice
shall identify the area, or portion thereof, and shall state that
further information as is available may be obtained at the
office as shall be designated in the notice.
(ii) The municipality shall consider all responsive redevelopment or rehabilitation bids and the financial and legal
ability of the persons making the bids to carry them out. The
municipality may accept the bids as it deems to be in the public interest and in furtherance of the purposes of this chapter.
Thereafter, the municipality may execute, in accordance with
the provisions of subsection (2) of this section, and deliver
contracts, deeds, leases, and other instruments of transfer.
(c) If the legislative authority of the municipality determines that the sale of real property to a specific person is necessary to the success of a neighborhood revitalization or community renewal project for which the municipality is providing assistance to a nonprofit organization from federal
community development block grant funds under 42 U.S.C.
Sec. 5305(a)(15), or successor provision, under a plan or
grant application approved by the United States department
of housing and urban development, or successor agency, then
the municipality may sell or lease that property to that person
through direct negotiation, for consideration determined by
the municipality to be adequate consistent with subsection (2)
of this section. This direct negotiation may occur, and the
municipality may enter into an agreement for sale or lease,
either before or after the acquisition of the property by the
municipality. Unless the municipality has provided notice to
the public of the intent to sell or lease the property by direct
negotiation, as part of a citizen participation process adopted
under federal regulations for the plan or grant application
under which the federal community development block grant
funds have been awarded, the municipality shall publish
notice of the sale at least fifteen days prior to the conveyance
of the property.
(5) A municipality may operate and maintain real property acquired in a community renewal area for a period of
three years pending the disposition of the property for redevelopment, without regard to the provisions of subsection (2)
of this section, for such uses and purposes as may be deemed
desirable even though not in conformity with the community
renewal plan. However, the municipality may, after a public
hearing, extend the time for a period not to exceed three
years.
(2010 Ed.)
35.81.095
(6) Any covenants, restrictions, promises, undertakings,
releases, or waivers in favor of a municipality contained in
any deed or other instrument accepted by any transferee of
property from the municipality or community renewal
agency under this chapter, or contained in any document executed by any owner of property in a community renewal area,
shall run with the land to the extent provided in the deed,
instrument, or other document, so as to bind, and be enforceable by the municipality against, the person accepting or
making the deed, instrument, or other document and that person’s heirs, successors in interest, or assigns having actual or
constructive notice thereof. [2002 c 218 § 9; 1965 c 7 §
35.81.090. Prior: 1957 c 42 § 9.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.095 Selection of person to undertake redevelopment or rehabilitation of real property. (1) The process
authorized under this section may occur (a) prior to the purchase of the real property by the municipality, or (b) after the
purchase of the real property by the municipality.
(2) A municipality may, by public notice once each week
for three consecutive weeks in a legal newspaper in the
municipality, or prior to the execution of any contract or deed
to sell, lease, or otherwise transfer real property and prior to
the delivery of any instrument of conveyance with respect
thereto under the provisions of this section, invite statements
of interest and qualifications and, at the municipality’s
option, proposals from any persons interested in undertaking
to redevelop or rehabilitate the real property.
(3) The notice required under this section shall identify
the area, or portion thereof, the process the municipality will
use to evaluate qualifications and, if applicable, proposals
submitted by redevelopers or any persons, and other information relevant to the community renewal project. The notice
shall also state that further information, as is available, may
be obtained at the offices designated in the notice.
(4)(a) Based on its evaluation of qualifications and, if
applicable, proposals, the municipality may select a proposer
with whom to negotiate or may select two or more finalists to
submit proposals, or to submit more detailed or revised proposals. The municipality may, in its sole discretion, reject all
responses or proposals, amend any solicitation to allow modification or supplementation of qualifications or proposals, or
waive irregularities in the content or timing of any qualifications or proposals.
(b) The municipality may initiate negotiations with the
person selected on the basis of qualifications or proposals. If
the municipality does not enter into a contract with that person, it may (i) enter into negotiations with the person that
submitted the next highest ranked qualifications or proposal,
(ii) solicit additional proposals using a process permitted by
RCW 35.81.090, or (iii) otherwise dispose of or retain the
real property consistent with the provisions of this chapter. A
municipality shall not be required to select or enter into a
contract with any proposer or to compensate any proposer for
the cost of preparing a proposal or negotiating with the
municipality.
(c) A municipality, with approval of its legislative
authority, may select and enter into a contract with more than
35.81.095
[Title 35 RCW—page 273]
35.81.100
Title 35 RCW: Cities and Towns
one proposer to carry out different aspects or parts of a community renewal plan. [2002 c 218 § 10.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.100 Bonds—Issuance—Form, terms, payment,
etc.—Fund for excess property tax, excise tax. (1) A
municipality shall have the power to issue bonds from time to
time in its discretion to finance the undertaking of any community renewal project under this chapter, including, without
limiting the generality of this power, the payment of principal
and interest upon any advances for surveys and plans for
community renewal projects, and shall also have power to
issue refunding bonds for the payment or retirement of such
bonds previously issued by it. Such bonds shall not pledge
the general credit of the municipality and shall be made payable, as to both principal and interest, solely from the income,
proceeds, revenues, and funds of the municipality derived
from, or held in connection with, its undertaking and carrying
out of community renewal projects under this chapter. However, the payment of such bonds, both as to principal and
interest, may be further secured by a pledge of any loan,
grant, or contribution from the municipality, the federal government, or from other sources, in aid of any community
renewal projects of the municipality under this chapter.
(2) Bonds issued under this section shall not constitute
an indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction, and shall not be subject to the provisions of any other law or charter relating to
the authorization, issuance, or sale of bonds. Bonds issued
under the provisions of this chapter are declared to be issued
for an essential public and governmental purpose, and
together with interest thereon and income therefrom, shall be
exempted from all taxes.
(3) Bonds issued under this section shall be authorized
by resolution or ordinance of the local governing body and
may be issued in one or more series and shall bear such date
or dates, be payable upon demand or mature at such time or
times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered as provided in RCW 39.46.030, carry such conversion
or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of
redemption (with or without premium), be secured in such
manner, and have such other characteristics, as may be provided by such resolution or trust indenture or mortgage
issued pursuant thereto.
(4) Such bonds may be sold at not less than ninety-eight
percent of par at public or private sale, or may be exchanged
for other bonds on the basis of par: PROVIDED, That such
bonds may be sold to the federal government at private sale at
not less than par and, in the event less than all of the authorized principal amount of such bonds is sold to the federal
government, the balance may be sold at public or private sale
at not less than ninety-eight percent of par at an interest cost
to the municipality of not to exceed the interest cost to the
municipality of the portion of the bonds sold to the federal
government.
(5)(a) The municipality may annually pay into a fund to
be established for the benefit of such bonds any and all excess
35.81.100
[Title 35 RCW—page 274]
of the taxes received by it from the same property over and
above the average of the annual taxes authorized without vote
for a five-year period immediately preceding the acquisition
of the property by the municipality for renewal purposes,
such payment to continue until such time as all bonds payable
from the fund are paid in full. Any other taxing unit that
receives property tax revenues from property in the community renewal area is authorized to allocate excess taxes, computed in the same manner, to the municipality or municipalities in which it is situated.
(b) In addition to the excess property tax revenues from
property in the community renewal area, authorized in this
subsection, the municipality may annually pay into the fund,
established in this subsection, any and all excess of the excise
tax received by it from business activity in the community
renewal area over and above the average of the annual excise
tax collected for a five-year period immediately preceding
the establishment of a community renewal area. The payment
may continue until all the bonds payable from the fund are
paid in full. Any other taxing unit that receives excise tax
from business activity in the community renewal area is
authorized to allocate excess excise tax, computed in the
same manner, to the municipality or municipalities in which
it is situated. As used in this subsection, "excise tax" means a
local retail sales and use tax authorized in chapter 82.14
RCW. The legislature declares that it is a proper purpose of a
municipality to allocate an excise tax for purposes of a community renewal project under this chapter.
(6) In case any of the public officials of the municipality
whose signatures appear on any bonds or any coupons issued
under this chapter shall cease to be such officials before the
delivery of such bonds, such signatures shall, nevertheless, be
valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds,
issued pursuant to this chapter shall be fully negotiable.
(7) In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this chapter or
the security therefor, any such bond reciting in substance that
it has been issued by the municipality in connection with a
community renewal project, as herein defined, shall be conclusively deemed to have been issued for such purpose and
such project shall be conclusively deemed to have been
planned, located, and carried out in accordance with the provisions of this chapter.
(8) Notwithstanding subsections (1) through (7) of this
section, such bonds may be issued and sold in accordance
with chapter 39.46 RCW. [2002 c 218 § 11; 1983 c 167 § 64;
1970 ex.s. c 56 § 44; 1969 ex.s. c 232 § 21; 1965 c 7 §
35.81.100. Prior: 1957 c 42 § 10.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
35.81.110 Bonds as legal investment, security. All
banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying
on a banking or investment business, all insurance companies, insurance associations, and other persons carrying on an
35.81.110
(2010 Ed.)
Community Renewal Law
insurance business and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any
sinking funds, moneys, or other funds belonging to them or
within their control in any bonds or other obligations issued
by a municipality under this chapter. Such bonds and other
obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons,
political subdivisions, and officers, public or private, to use
any funds owned or controlled by them for the purchase of
any such bonds or other obligations. Nothing contained in
this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities. [2002 c 218 § 12; 1965 c
7 § 35.81.110. Prior: 1957 c 42 § 11.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.115 General obligation bonds authorized. For
the purposes of this chapter a municipality may (in addition
to any authority to issue bonds pursuant to RCW 35.81.100)
issue and sell its general obligation bonds. Any bonds issued
by a municipality pursuant to this section shall be issued in
the manner and within the limitations prescribed by the laws
of this state for the issuance and authorization of bonds by
such municipality for public purposes generally. [1965 c 7 §
35.81.115. Prior: 1959 c 79 § 1.]
35.81.115
35.81.120 Property of municipality exempt from process and taxes. (1) All property of a municipality, including
funds, owned or held by it for the purposes of this chapter,
shall be exempt from levy and sale by virtue of an execution,
and no execution or other judicial process shall issue against
the same nor shall judgment against a municipality be a
charge or lien upon such property: PROVIDED, That the
provisions of this section shall not apply to, or limit the right
of, obligees to pursue any remedies for the enforcement of
any pledge or lien given pursuant to this chapter by a municipality on its rents, fees, grants, or revenues from community
renewal projects.
(2) The property of a municipality, acquired or held for
the purposes of this chapter, is declared to be public property
used for essential public and governmental purposes and such
property shall be exempt from all taxes of the municipality,
the county, the state, or any political subdivision thereof:
PROVIDED, That such tax exemption shall terminate when
the municipality sells, leases, or otherwise disposes of such
property in a community renewal area to a purchaser or lessee
that is not a public body or other organization normally entitled to tax exemption with respect to such property. [2002 c
218 § 15; 1965 c 7 § 35.81.120. Prior: 1957 c 42 § 12.]
35.81.120
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.130 Powers of public bodies. For the purpose of
aiding in the planning, undertaking, or carrying out of a community renewal project located within the area in which it is
authorized to act, any public body authorized by law or by
this chapter, may, upon such terms, with or without consideration, as it may determine: (1) Dedicate, sell, convey, or
lease any of its interest in any property, or grant easements,
licenses, or other rights or privileges therein to a municipality
35.81.130
(2010 Ed.)
35.81.150
or other public body; (2) incur the entire expense of any public improvements made by a public body, in exercising the
powers granted in this section; (3) do any and all things necessary to aid or cooperate in the planning or carrying out of a
community renewal plan; (4) lend, grant, or contribute funds,
including without limitation any funds derived from bonds
issued or other borrowings authorized in this chapter, to a
municipality or other public body and, subject only to any
applicable constitutional limits, to any other person; (5) enter
into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a
municipality or other public body respecting action to be
taken pursuant to any of the powers granted by this chapter,
including the furnishing of funds or other assistance in connection with a community renewal project; (6) cause public
building and public facilities, including parks, playgrounds,
recreational, community, educational, water, sewer, or drainage facilities, or any other works that it is otherwise empowered to undertake to be furnished; furnish, dedicate, close,
vacate, pave, install, grade, regrade, plan, or replan streets,
roads, sidewalks, ways, or other places; (7) abate environmental problems; (8) plan or replan, zone or rezone any part
of the community renewal area; and (9) provide such administrative and other services as may be deemed requisite to the
efficient exercise of the powers herein granted. [2002 c 218
§ 16; 1965 c 7 § 35.81.130. Prior: 1957 c 42 § 13.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Demonstration Cities and Metropolitan Development Act—Authority to contract with federal government: RCW 35.21.660.
35.81.140 Conveyance to purchaser, etc., presumed
to be in compliance with chapter. Any instrument executed
by a municipality and purporting to convey any right, title, or
interest in any property under this chapter shall be conclusively presumed to have been executed in compliance with
the provisions of this chapter insofar as title or other interest
of any bona fide purchasers, lessees, or transferees of such
property is concerned. [1965 c 7 § 35.81.140. Prior: 1957 c
42 § 14.]
35.81.140
35.81.150 Exercise of community renewal project
powers. (1) A municipality may itself exercise its community renewal project powers or may, if the local governing
body by ordinance or resolution determines such action to be
in the public interest, elect to have such powers exercised by
the community renewal agency or a department or other
officers of the municipality or by any other public body.
(2) In the event the local governing body determines to
have the powers exercised by the community renewal
agency, such body may authorize the community renewal
agency or department or other officers of the municipality to
exercise any of the following community renewal project
powers:
(a) To formulate and coordinate a workable program as
specified in RCW 35.81.040.
(b) To prepare community renewal plans.
(c) To prepare recommended modifications to a community renewal project plan.
(d) To undertake and carry out community renewal
projects as required by the local governing body.
35.81.150
[Title 35 RCW—page 275]
35.81.160
Title 35 RCW: Cities and Towns
(e) To acquire, own, lease, encumber, and sell real or
personal property. The agency may not acquire real or personal property using the eminent domain process, unless
authorized independently of this chapter.
(f) To create local improvement districts under RCW
35.81.190 and 35.81.200.
(g) To issue bonds from time to time in its discretion to
finance the undertaking of any community renewal project
under this chapter. The bonds issued under this section must
meet the requirements of RCW 35.81.100.
(h) To make and execute contracts as specified in RCW
35.81.070, with the exception of contracts for the purchase or
sale of real or personal property.
(i) To disseminate blight clearance and community
renewal information.
(j) To exercise the powers prescribed by RCW
35.81.070(2), except the power to agree to conditions for federal financial assistance and imposed pursuant to federal law
relating to salaries and wages, shall be reserved to the local
governing body.
(k) To enter any building or property, in any community
renewal area, in order to make surveys and appraisals in the
manner specified in RCW 35.81.070(6).
(l) To improve, clear, or prepare for redevelopment any
real or personal property in a community renewal area.
(m) To insure real or personal property as provided in
RCW 35.81.070(6).
(n) To effectuate the plans provided for in RCW
35.81.070(9).
(o) To prepare plans for the relocation of families displaced from a community renewal area and to coordinate
public and private agencies in such relocation.
(p) To prepare plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and
improvements.
(q) To conduct appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of community renewal projects.
(r) To negotiate for the acquisition of land.
(s) To study the closing, vacating, planning, or replanning of streets, roads, sidewalks, ways, or other places and to
make recommendations with respect thereto.
(t) To provide financial and technical assistance to a person or public body, for the purpose of creating or retaining
jobs, a substantial portion of which, as determined by the
municipality, shall be for persons of low income.
(u) To make payments, grants, and other assistance to, or
contract with, existing or new owners and tenants of property
in the community renewal area, under RCW 35.81.070.
(v) To organize, coordinate, and direct the administration of the provisions of this chapter.
(w) To perform such duties as the local governing body
may direct so as to make the necessary arrangements for the
exercise of the powers and the performance of the duties and
responsibilities entrusted to the local governing body.
Any powers granted in this chapter that are not included
in this subsection (2) as powers of the community renewal
agency or a department or other officers of a municipality in
lieu thereof may only be exercised by the local governing
body or other officers, boards, and commissions as provided
[Title 35 RCW—page 276]
by law. [2002 c 218 § 17; 1965 c 7 § 35.81.150. Prior: 1957
c 42 § 15.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.160
35.81.160 Exercise of community renewal project
powers—Assignment of powers—Community renewal
agency. (1) When a municipality has made the finding prescribed in RCW 35.81.050 and has elected to have the community renewal project powers, as specified in RCW
35.81.150, exercised, such community renewal project powers may be assigned to a department or other officers of the
municipality or to any existing public body corporate, or the
legislative body of a municipality may create a community
renewal agency in such municipality to be known as a public
body corporate to which such powers may be assigned.
(2) If the community renewal agency is authorized to
transact business and exercise powers under this chapter, the
mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the
community renewal agency which shall consist of five commissioners. The initial membership shall consist of one commissioner appointed for one year, one for two years, one for
three years, and two for four years; and each appointment
thereafter shall be for four years, except that in the case of
death, incapacity, removal, or resignation of a commissioner,
the replacement may be appointed to serve the remainder of
the commissioner’s term.
(3) A commissioner shall receive no compensation for
services but shall be entitled to the necessary expenses,
including traveling expenses, incurred in the discharge of his
or her duties. Each commissioner shall hold office until a successor has been appointed and has qualified. A certificate of
the appointment or reappointment of any commissioner shall
be filed with the clerk of the municipality and such certificate
shall be conclusive evidence of the due and proper appointment of such commissioner.
The powers and responsibilities of a community renewal
agency shall be exercised by the commissioners thereof. A
majority of the commissioners shall constitute a quorum for
the purpose of conducting business and exercising the powers
and responsibilities of the agency and for all other purposes.
Action may be taken by the agency upon a vote of a majority
of the commissioners present, unless in any case the bylaws
shall require a larger number. Any persons may be appointed
as commissioners if they reside within the municipality.
The community renewal agency or department or officers exercising community renewal project powers shall be
staffed with the necessary technical experts and such other
agents and employees, permanent and temporary, as it may
require. An agency authorized to transact business and exercise powers under this chapter shall file, with the local governing body, on or before March 31st of each year, a report of
its activities for the preceding calendar year, which report
shall include a complete financial statement setting forth its
assets, liabilities, income, and operating expense as of the end
of such calendar year. At the time of filing the report, the
agency shall publish in a legal newspaper in the community a
notice to the effect that such report has been filed with the
municipality and that the report is available for inspection
(2010 Ed.)
Housing Authorities Law
during business hours in the office of the clerk of the municipality and in the office of the agency.
(4) For inefficiency, neglect of duty, or misconduct in
office, a commissioner may be removed by the legislative
body of the municipality. [2002 c 218 § 18; 1965 c 7 §
35.81.160. Prior: 1957 c 42 § 16.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.170 Discrimination prohibited. For all of the
purposes of this chapter, no person shall, because of race,
creed, color, sex, or national origin, be subjected to any discrimination. [2002 c 218 § 19; 1965 c 7 § 35.81.170. Prior:
1957 c 42 § 17.]
35.81.170
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Discrimination—Human rights commission: Chapter 49.60 RCW.
35.81.180 Restrictions against public officials or
employees acquiring or owning an interest in project,
contract, etc. No official or department or division head of a
municipality or community renewal agency or department or
officers with responsibility for making or supervising any
decisions in the exercise of community renewal project powers and responsibilities under RCW 35.81.150 shall voluntarily acquire any interest, direct or indirect, in any community
renewal project, or in any property included or planned to be
included in any community renewal project of such municipality, or in any contract or proposed contract in connection
with such community renewal project. Whether or not such
an acquisition is voluntary, the person acquiring it shall
immediately disclose the interest acquired in writing to the
local governing body and such disclosure shall be entered
upon the minutes of the governing body. If any such official
or department or division head owns or controls, or owned or
controlled within two years prior to the date of the first public
hearing on the community renewal project, any interest,
direct or indirect, in any property that he or she knows is
included in a community renewal project, he or she shall
immediately disclose this fact in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body, and any such official or department or division head shall not participate in any action on
that particular project by the municipality or community
renewal agency. Any willful violation of the provisions of
this section shall constitute misconduct in office. [2002 c 218
§ 20; 1965 c 7 § 35.81.180. Prior: 1957 c 42 § 18.]
35.81.180
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.190 Local improvement districts—Establishment—Special assessments—Bonds. (1) A community
renewal agency may establish local improvement districts
within the community renewal area, and levy special assessments, in annual installments extending over a period not
exceeding twenty years on all property specially benefited by
the local improvement, on the basis of special benefits, to pay
in whole or in part the damages or costs of the local improvement, and issue local improvement bonds to be paid from
local improvement assessments. The formation of the local
improvement districts, the determination, levy, and collection
35.81.190
(2010 Ed.)
Chapter 35.82
of such assessments, and the issuance of such bonds shall be
as provided for the formation of local improvement districts,
the determination, levy, and collection of local improvement
assessments, and the issuance of local improvement bonds by
cities and towns, insofar as consistent with this chapter.
These bonds may be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, the
bonds authorized under subsection (1) of this section may be
issued and sold in accordance with chapter 39.46 RCW.
[2002 c 218 § 13.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.200 Local improvement districts—Content of
notice. Any notice given to the public or to the owners of
specific lots, tracts, or parcels of land relating to the formation of a local improvement district created under RCW
35.81.190 shall contain a statement that actual assessments
may vary from assessment estimates so long as they do not
exceed a figure equal to the increased benefit the improvement adds to the property. [2002 c 218 § 14.]
35.81.200
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
35.81.910 Short title. This chapter shall be known and
may be cited as the "community renewal law." [2002 c 218 §
21; 1965 c 7 § 35.81.910. Prior: 1957 c 42 § 20.]
35.81.910
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Chapter 35.82
Chapter 35.82 RCW
HOUSING AUTHORITIES LAW
Sections
35.82.010
35.82.020
35.82.030
35.82.040
35.82.045
35.82.050
35.82.060
35.82.070
35.82.076
35.82.080
35.82.090
35.82.100
35.82.110
35.82.120
35.82.130
35.82.140
35.82.150
35.82.160
35.82.170
35.82.180
35.82.190
35.82.200
35.82.210
35.82.220
35.82.230
35.82.240
35.82.250
35.82.260
35.82.270
35.82.280
Finding and declaration of necessity.
Definitions.
Creation of housing authorities.
Appointment, qualifications, and tenure of commissioners.
Cities with a population of four hundred thousand or more—
Appointment of additional commissioners—Appointment,
compensation of commissioners—Organization of authority.
Conflicts of interest for commissioners, employees, and
appointees.
Removal of commissioners.
Powers of authority.
Small works roster.
Operation not for profit.
Rentals and tenant selection.
Cooperation between authorities.
Eminent domain.
Planning, zoning and building laws.
Bonds.
Form and sale of bonds.
Provisions of bonds, trust indentures, and mortgages.
Certification by attorney general.
Remedies of an obligee of authority.
Additional remedies conferable by authority.
Exemption of property from execution sale.
Aid from federal government—Provisions applicable to
authorities.
Tax exemption and payments in lieu of taxes—Definitions.
Housing bonds legal investments and security.
Reports.
Rural housing projects.
Housing applications by farmers.
Farmers of low income.
Powers are additional.
Supplemental projects.
[Title 35 RCW—page 277]
35.82.010
35.82.285
35.82.300
35.82.310
35.82.320
35.82.325
35.82.330
35.82.340
35.82.900
35.82.910
Title 35 RCW: Cities and Towns
Group homes or halfway houses for released juveniles or
developmentally disabled.
Joint housing authorities—Creation authorized—Contents of
ordinances creating—Powers.
Joint housing authorities—Dissolution.
Deactivation of housing authority—Procedure.
Deactivation of housing authority—Distribution of assets.
Chapter not applicable to certain transfers of property.
Previously incarcerated individuals—Rental policies that are
not unduly burdensome encouraged.
Short title.
Chapter controlling.
Eminent domain: Title 8 RCW.
Loans and grants for low-income housing: RCW 35.21.685 and 36.32.415.
Planning commissions: Chapter 35.63 RCW.
35.82.010 Finding and declaration of necessity. It is
hereby declared: (1) That there exist in the state insanitary or
unsafe dwelling accommodations and that persons of low
income are forced to reside in such insanitary or unsafe
accommodations; that within the state there is a shortage of
safe or sanitary dwelling accommodations available at rents
which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an
increase in and spread of disease and crime and constitute a
menace to the health, safety, morals and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment,
public health and safety, fire and accident protection, and
other public services and facilities; (2) that these areas in the
state cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved,
through the operation of private enterprise, and that the construction of housing projects for persons of low income (as
herein defined) would therefore not be competitive with private enterprise; (3) that the clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing
conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public
uses and purposes for which public money may be spent and
private property acquired and are governmental functions of
state concern; (4) that it is in the public interest that work on
projects for such purposes be commenced as soon as possible
in order to relieve unemployment which now (1939) constitutes an emergency; and the necessity in the public interest
for the provisions hereinafter enacted, is hereby declared as a
matter of legislative determination. [1965 c 7 § 35.82.010.
Prior: 1939 c 23 § 2; RRS § 6889-2. Formerly RCW
74.24.010.]
35.82.010
35.82.020 Definitions. The following terms, wherever
used or referred to in this chapter, shall have the following
respective meanings, unless a different meaning clearly
appears from the context:
(1) "Authority" or "housing authority" shall mean any of
the public corporations created by RCW 35.82.030.
(2) "City" shall mean any city, town, or code city.
"County" shall mean any county in the state. "The city" shall
mean the particular city for which a particular housing
authority is created. "The county" shall mean the particular
county for which a particular housing authority is created.
35.82.020
[Title 35 RCW—page 278]
(3) "Governing body" shall mean, in the case of a city,
the city council or the commission and in the case of a
county, the county legislative authority.
(4) "Mayor" shall mean the mayor of the city or the
officer thereof charged with the duties customarily imposed
on the mayor or executive head of the city.
(5) "Clerk" shall mean the clerk of the city or the clerk of
the county legislative authority, as the case may be, or the
officer charged with the duties customarily imposed on such
clerk.
(6) "Area of operation": (a) In the case of a housing
authority of a city, shall include such city and the area within
five miles from the territorial boundaries thereof: PROVIDED, That the area of operation of a housing authority of
any city shall not include any area which lies within the territorial boundaries of some other city, as herein defined; (b) in
the case of a housing authority of a county, shall include all
of the county except that portion which lies within the territorial boundaries of any city as herein defined.
(7) "Federal government" shall include the United States
of America, the United States housing authority or any other
agency or instrumentality, corporate or otherwise, of the
United States of America.
(8) "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding,
lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and
morals.
(9) "Housing project" shall mean any work or undertaking: (a) To demolish, clear or remove buildings from any
slum area; such work or undertaking may embrace the adaptation of such area to public purposes, including parks or
other recreational or community purposes; or (b) to provide
decent, safe and sanitary urban or rural dwellings, apartments, mobile home parks, or other living accommodations
for persons of low income; such work or undertaking may
include the rehabilitation of dwellings owned by persons of
low income, and also may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers,
water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or (c) without limitation by implication, to provide
decent, safe, and sanitary urban and rural dwellings, apartments, mobile home parks, or other living accommodations
for senior citizens; such work or undertaking may include
buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare, or other purposes; or (d) to accomplish a
combination of the foregoing. The term "housing project"
also may be applied to the planning of the buildings and
improvements, the acquisition of property, the demolition of
existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in
connection therewith.
(10) "Persons of low income" shall mean persons or families who lack the amount of income which is necessary (as
determined by the authority undertaking the housing project)
(2010 Ed.)
Housing Authorities Law
to enable them, without financial assistance, to live in decent,
safe and sanitary dwellings, without overcrowding.
(11) "Bonds" shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by the authority pursuant to this chapter.
(12) "Real property" shall include all lands, including
improvements and fixtures thereon, and property of any
nature appurtenant thereto, or used in connection therewith,
and every estate, interest and right, legal or equitable, therein,
including terms for years and liens by way of judgment,
mortgage or otherwise and the indebtedness secured by such
liens.
(13) "Obligee of the authority" or "obligee" shall include
any bondholder, trustee or trustees for any bondholders, or
lessor demising to the authority property used in connection
with a housing project, or any assignee or assignees of such
lessor’s interest or any part thereof, and the federal government when it is a party to any contract with the authority.
(14) "Mortgage loan" shall mean an interest bearing obligation secured by a mortgage.
(15) "Mortgage" shall mean a mortgage deed, deed of
trust or other instrument securing a mortgage loan and constituting a lien on real property held in fee simple, or on a leasehold under a lease having a remaining term at the time the
mortgage is acquired of not less than the term for repayment
of the mortgage loan secured by the mortgage, improved or to
be improved by a housing project.
(16) "Senior citizen" means a person age sixty-two or
older who is determined by the authority to be poor or infirm
but who is otherwise in some manner able to provide the
authority with revenue which (together with all other available moneys, revenues, income, and receipts of the authority,
from whatever sources derived) will be sufficient: (a) To
pay, as the same become due, the principal and interest on
bonds of the authority; (b) to meet the cost of, and to provide
for, maintaining and operating projects (including the cost of
insurance) and administrative expenses of the authority; and
(c) to create (by not less than the six years immediately succeeding the issuance of any bonds) a reserve sufficient to
meet the principal and interest payments which will be due on
the bonds in any one year thereafter and to maintain such
reserve.
(17) "Commercial space" shall mean space which,
because of its proximity to public streets, sidewalks, or other
thoroughfares, is well suited for commercial or office use.
Commercial space includes but is not limited to office as well
as retail space. [1989 c 363 § 1; 1983 c 225 § 1; 1979 ex.s. c
187 § 1; 1977 ex.s. c 274 § 1; 1965 c 7 § 35.82.020. Prior:
1939 c 23 § 3; RRS § 6889-3. Formerly RCW 74.24.020.]
Additional notes found at www.leg.wa.gov
35.82.030 Creation of housing authorities. In each
city (as herein defined) and in each county of the state there
is hereby created a public body corporate and politic to be
known as the "Housing Authority" of the city or county:
PROVIDED, HOWEVER, That such authority shall not
transact any business or exercise its powers hereunder until
or unless the governing body of the city or the county, as the
case may be, by proper resolution shall declare at any time
hereafter that there is need for an authority to function in such
35.82.030
(2010 Ed.)
35.82.040
city or county. The determination as to whether or not there is
such need for an authority to function (1) may be made by the
governing body on its own motion or (2) shall be made by the
governing body upon the filing of a petition signed by
twenty-five residents of the city or county, as the case may
be, asserting that there is need for an authority to function in
such city or county and requesting that the governing body so
declare.
The governing body shall adopt a resolution declaring
that there is need for a housing authority in the city or county,
as the case may be, if it shall find (1) that insanitary or unsafe
inhabited dwelling accommodations exist in such city or
county; (2) that there is a shortage of safe or sanitary dwelling
accommodations in such city or county available to persons
of low income at rentals they can afford; or (3) that there is a
shortage of safe or sanitary dwellings, apartments, mobile
home parks, or other living accommodations available for
senior citizens. In determining whether dwelling accommodations are unsafe or insanitary said governing body may
take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access
available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary
facilities, and the extent to which conditions exist in such
buildings which endanger life or property by fire or other
causes.
In any suit, action or proceeding involving the validity or
enforcement of or relating to any contract of the authority, the
authority shall be conclusively deemed to have become
established and authorized to transact business and exercise
its powers hereunder upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be deemed sufficient
if it declares that there is such need for an authority and finds
in substantially the foregoing terms (no further detail being
necessary) that either or both of the above enumerated conditions exist in the city or county, as the case may be. A copy of
such resolution duly certified by the clerk shall be admissible
in evidence in any suit, action or proceeding. [1979 ex.s. c
187 § 2; 1965 c 7 § 35.82.030. Prior: 1939 c 23 § 4; RRS §
6889-4. Formerly RCW 74.24.030.]
Additional notes found at www.leg.wa.gov
35.82.040
35.82.040 Appointment, qualifications, and tenure of
commissioners. Except as provided in RCW 35.82.045,
when the governing body of a city adopts a resolution declaring that there is a need for a housing authority, it shall
promptly notify the mayor of such adoption. Upon receiving
such notice, the mayor shall appoint five persons as commissioners of the authority created for the city. When the governing body of a county adopts a resolution declaring that there
is a need for a housing authority, it shall appoint five persons
as commissioners of the authority created for the county. The
commissioners who are first appointed shall be designated to
serve for terms of one, two, three, four and five years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of five
years except that all vacancies shall be filled for the unexpired term. No commissioner of an authority may be an
officer or employee of the city or county for which the
[Title 35 RCW—page 279]
35.82.045
Title 35 RCW: Cities and Towns
authority is created, unless the commissioner is an employee
of a separately elected county official other than the county
governing body in a county with a population of less than one
hundred seventy-five thousand as of the 1990 federal census,
and the total government employment in that county exceeds
forty percent of total employment. A commissioner shall hold
office until a successor has been appointed and has qualified,
unless sooner removed according to this chapter. A certificate
of the appointment or reappointment of any commissioner
shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such
commissioner. A commissioner shall receive no compensation for his or her services for the authority, in any capacity,
but he or she shall be entitled to the necessary expenses,
including traveling expenses, incurred in the discharge of his
or her duties.
The powers of each authority shall be vested in the commissioners thereof in office from time to time. Except as provided in RCW 35.82.045, three commissioners shall constitute a quorum of the authority for the purpose of conducting
its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a
majority of the commissioners present, unless in any case the
bylaws of the authority shall require a larger number. The
mayor (or in the case of an authority for a county, the governing body of the county) shall designate which of the commissioners appointed shall be the first chair of the commission
and he or she shall serve in the capacity of chair until the
expiration of his or her term of office as commissioner. When
the office of the chair of the authority becomes vacant, the
authority shall select a chair from among its commissioners.
An authority shall select from among its commissioners a
vice-chair, and it may employ a secretary (who shall be executive director), technical experts and such other officers,
agents and employees, permanent and temporary, as it may
require, and shall determine their qualifications, duties and
compensation. For such legal services as it may require, an
authority may call upon the chief law officer of the city or the
county or may employ its own counsel and legal staff. An
authority may delegate to one or more of its agents or
employees such powers or duties as it may deem proper.
If federal law requires that the membership of the board
of commissioners of a local authority contains one member
who is directly assisted by the authority, the board may by
resolution temporarily or permanently increase its size to six
members. The board may determine the length of the term of
the position filled by a directly assisted member. A person
appointed to such a position may serve in that position only
as long as he or she is directly assisted by the authority.
[1999 c 77 § 1; 1998 c 140 § 1; 1995 c 293 § 1; 1965 c 7 §
35.82.040. Prior: 1939 c 23 § 5; RRS § 6889-5. Formerly
RCW 74.24.040.]
to seven. Upon receiving the notice, the mayor, with approval
of the city council, shall appoint additional persons as commissioners of the authority created for the city.
(2) In appointing commissioners, the mayor shall consider persons that represent the community, provided that two
commissioners shall consist of tenants that reside in a housing project that is owned by the housing authority.
(3) After June 11, 1998, all commissioners shall be
appointed to serve four-year terms, except that all vacancies
shall be filled for the remainder of the unexpired term. A
commissioner of an authority may not be an officer or
employee of the city for which the authority is created. A
commissioner shall hold office until a successor has been
appointed and has qualified, unless sooner removed according to this chapter.
(4) A commissioner may be reappointed only after
review and approval by the city council.
(5) A certificate of the appointment or reappointment of
any commissioner shall be filed with the clerk and the certificate is conclusive evidence of the due and proper appointment of the commissioner.
(6) A commissioner shall receive no compensation for
his or her services for the authority, in any capacity, but he or
she is entitled to the necessary expenses, including traveling
expenses, incurred in the discharge of his or her duties.
(7) The powers of each authority vest in the commissioners of the authority in office from time to time. Four commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and
for all other purposes. Action may be taken by the authority
upon a vote of a majority of the commissioners present,
unless in any case the bylaws of the authority shall require a
larger number.
(8) The mayor, with consent of the city council, shall
designate which of the commissioners appointed shall be the
first chair of the commission and he or she shall serve in the
capacity of chair until the expiration of his or her term of
office as commissioner. When the office of the chair of the
authority becomes vacant, the authority shall select a chair
from among its commissioners. An authority shall select
from among its commissioners a vice-chair, and the authority
may employ a secretary, who shall be executive director,
technical experts and such other officers, agents, and employees, permanent and temporary, as the authority requires, and
shall determine their qualifications, duties, and compensation.
(9) For such legal services as it may require, an authority
may call upon the chief law officer of the city or may employ
its own counsel and legal staff. An authority may delegate to
one or more of its agents or employees such powers or duties
as it may deem proper. [1998 c 140 § 2.]
35.82.050 Conflicts of interest for commissioners,
employees, and appointees. (1) No commissioner,
employee, or appointee to any decision-making body for the
housing authority shall own or hold an interest in any contract
or property or engage in any business, transaction, or professional or personal activity, that would:
(a) Be, or appear to be, in conflict with the commissioner’s, employee’s, or appointee’s official duties to any
decision-making body for the housing authority duties relat35.82.050
35.82.045 Cities with a population of four hundred
thousand or more—Appointment of additional commissioners—Appointment, compensation of commissioners—Organization of authority. (1) After June 11, 1998,
the governing body of a city with a population of four hundred thousand or more, that has created a housing authority
under RCW 35.82.040, shall adopt a resolution to expand the
number of commissioners on the housing authority from five
35.82.045
[Title 35 RCW—page 280]
(2010 Ed.)
Housing Authorities Law
ing to the housing authority served by or subject to the
authority of such commissioner, employee, or appointee to
any decision-making body for the housing authority;
(b) Secure, or appear to secure, unwarranted privileges
or advantages for such commissioner, employee, or appointee to any decision-making body for the housing authority, or
others; or
(c) Prejudice, or appear to prejudice, such commissioner’s, employee’s, or appointee’s to any decision-making
body for the housing authority independence of judgment in
exercise of his or her official duties relating to the housing
authority served by or subject to the authority of the commissioner, employee, or appointee to any decision-making body
for the housing authority.
(2) No commissioner, employee, or appointee to any
decision-making body for the housing authority shall act in
an official capacity in any manner in which such commissioner, employee, or appointee to any decision-making body
of the housing authority has a direct or indirect financial or
personal involvement.
(3) No commissioner, employee, or appointee to any
decision-making body for the housing authority shall use his
or her public office or employment to secure financial gain to
such commissioner, employee, or appointee to any decisionmaking body for the housing authority.
(4) If any commissioner or employee of an authority or
any appointee to any decision-making body for the housing
authority owns or controls an interest direct or indirect in any
property included or planned to be included in any housing
project, he or she immediately shall disclose the same in writing to the authority and such disclosure shall be entered upon
the minutes of the authority. Failure to disclose such interest
shall constitute misconduct in office. Upon such disclosure
such commissioner, employee, or appointee to any decisionmaking body for the housing authority shall not participate in
any action by the authority affecting such property.
(5) No provision of this section shall preclude a tenant of
the public housing authority from serving as a commissioner,
employee, or appointee to any decision-making body of the
housing authority. No provision of this section shall preclude
a tenant of the public housing authority who is serving as a
commissioner, employee, or appointee to any decision-making body of the housing authority from voting on any issue or
decision, or participating in any action by the authority,
unless a conflict of interest, as set forth in subsections (1)
through (4) of this section, exists as to that particular tenant
and the particular property or interest at issue before, or subject to action by the housing authority. [2009 c 549 § 2124;
1998 c 140 § 3; 1965 c 7 § 35.82.050. Prior: 1939 c 23 § 6;
RRS § 6889-6. Formerly RCW 74.24.050.]
35.82.060 Removal of commissioners. For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor (or in the
case of an authority for a county, by the governing body of
said county), but a commissioner shall be removed only after
he or she shall have been given a copy of the charges at least
ten days prior to the hearing thereon and had an opportunity
to be heard in person or by counsel. In the event of the
removal of any commissioner, a record of the proceedings,
together with the charges and findings thereon, shall be filed
35.82.060
(2010 Ed.)
35.82.070
in the office of the clerk. [2009 c 549 § 2125; 1965 c 7 §
35.82.060. Prior: 1939 c 23 § 7; RRS § 6889-7. Formerly
RCW 74.24.060.]
35.82.070 Powers of authority. An authority shall constitute a public body corporate and politic, exercising public
and essential governmental functions, and having all the
powers necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following powers in addition to others herein granted:
(1) To sue and be sued; to have a seal and to alter the
same at pleasure; to have perpetual succession; to make and
execute contracts and other instruments, including but not
limited to partnership agreements and joint venture agreements, necessary or convenient to the exercise of the powers
of the authority; to participate in the organization or the operation of a nonprofit corporation which has as one of its purposes to provide or assist in the provision of housing for persons of low income; and to make and from time to time
amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority.
(2) Within its area of operation: To prepare, carry out,
acquire, lease and operate housing projects; to provide for the
construction, reconstruction, improvement, alteration or
repair of any housing project or any part thereof; to agree to
rent or sell dwellings forming part of the projects to or for
persons of low income. Where an agreement or option is
made to sell a dwelling to a person of low income, the authority may convey the dwelling to the person upon fulfillment of
the agreement irrespective of whether the person is at the
time of the conveyance a person of low income. Leases,
options, agreements, or conveyances may include such covenants as the authority deems appropriate to assure the
achievement of the objectives of this chapter.
(3) To acquire, lease, rent, sell, or otherwise dispose of
any commercial space located in buildings or structures containing a housing project or projects.
(4) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges,
works, or facilities for, or in connection with, a housing
project or the occupants thereof; and (notwithstanding anything to the contrary contained in this chapter or in any other
provision of law) to include in any contract let in connection
with a project, stipulations requiring that the contractor and
any subcontractors comply with requirements as to minimum
wages and maximum hours of labor, and comply with any
conditions which the federal government may have attached
to its financial aid of the project.
(5) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in
any housing project and (subject to the limitations contained
in this chapter) to establish and revise the rents or charges
therefor; to own or manage buildings containing a housing
project or projects as well as commercial space or other
dwelling units that do not constitute a housing project as that
term is defined in this chapter. However, notwithstanding the
provisions under subsection (1) of this section, dwelling units
made available or sold to persons of low income, together
with functionally related and subordinate facilities, shall
occupy at least fifty percent of the interior space in the total
35.82.070
[Title 35 RCW—page 281]
35.82.070
Title 35 RCW: Cities and Towns
development owned by the authority or at least fifty percent
of the total number of units in the development owned by the
authority, whichever produces the greater number of units for
persons of low income, and for mobile home parks, the
mobile home lots made available to persons of low income
shall be at least fifty percent of the total number of mobile
home lots in the park owned by the authority; to own, hold,
and improve real or personal property; to purchase, lease,
obtain options upon, acquire by gift, grant, bequest, devise, or
otherwise including financial assistance and other aid from
the state or any public body, person or corporation, any real
or personal property or any interest therein; to acquire by the
exercise of the power of eminent domain any real property; to
sell, lease, exchange, transfer, assign, pledge, or dispose of
any real or personal property or any interest therein; to sell,
lease, exchange, transfer, or dispose of any real or personal
property or interest therein at less than fair market value to a
governmental entity for any purpose when such action assists
the housing authority in carrying out its powers and purposes
under this chapter, to a low-income person or family for the
purpose of providing housing for that person or family, or to
a nonprofit corporation provided the nonprofit corporation
agrees to sell the property to a low-income person or family
or to use the property for the provision of housing for persons
of low income for at least twenty years; to insure or provide
for the insurance of any real or personal property or operations of the authority against any risks or hazards; to procure
or agree to the procurement of insurance or guarantees from
the federal government of the payment of any bonds or parts
thereof issued by an authority, including the power to pay
premiums on any such insurance.
(6) To invest any funds held in reserves or sinking funds,
or any funds not required for immediate disbursement, in
property or securities in which savings banks may legally
invest funds subject to their control; to purchase its bonds at
a price not more than the principal amount thereof and
accrued interest, all bonds so purchased to be canceled.
(7) Within its area of operation: To investigate into living, dwelling and housing conditions and into the means and
methods of improving such conditions; to determine where
slum areas exist or where there is a shortage of decent, safe
and sanitary dwelling accommodations for persons of low
income; to make studies and recommendations relating to the
problem of clearing, replanning and reconstructing of slum
areas, and the problem of providing dwelling accommodations for persons of low income, and to cooperate with the
city, the county, the state or any political subdivision thereof
in action taken in connection with such problems; and to
engage in research, studies and experimentation on the subject of housing.
(8) Acting through one or more commissioners or other
person or persons designated by the authority: To conduct
examinations and investigations and to hear testimony and
take proof under oath at public or private hearings on any
matter material for its information; to administer oaths, issue
subpoenas requiring the attendance of witnesses or the production of books and papers and to issue commissions for the
examination of witnesses who are outside of the state or
unable to attend before the authority, or excused from attendance; to make available to appropriate agencies (including
those charged with the duty of abating or requiring the cor[Title 35 RCW—page 282]
rection of nuisances or like conditions, or of demolishing
unsafe or insanitary structures within its area of operation) its
findings and recommendations with regard to any building or
property where conditions exist which are dangerous to the
public health, morals, safety or welfare.
(9) To initiate eviction proceedings against any tenant as
provided by law. Activity occurring in any housing authority
unit that constitutes a violation of chapter 69.41, 69.50 or
69.52 RCW shall constitute a nuisance for the purpose of
RCW 59.12.030(5).
(10) To exercise all or any part or combination of powers
herein granted.
No provisions of law with respect to the acquisition,
operation or disposition of property by other public bodies
shall be applicable to an authority unless the legislature shall
specifically so state.
(11) To agree (notwithstanding the limitation contained
in RCW 35.82.210) to make such payments in lieu of taxes as
the authority finds consistent with the achievement of the
purposes of this chapter.
(12) Upon the request of a county or city, to exercise any
powers of a community renewal agency under chapter 35.81
RCW or a public corporation, commission, or authority under
chapter 35.21 RCW.
(13) To exercise the powers granted in this chapter
within the boundaries of any city, town, or county not
included in the area in which such housing authority is originally authorized to function: PROVIDED, HOWEVER, The
governing or legislative body of such city, town, or county, as
the case may be, adopts a resolution declaring that there is a
need for the authority to function in such territory.
(14) To administer contracts for assistance payments to
persons of low income in accordance with section 8 of the
United States Housing Act of 1937, as amended by Title II,
section 201 of the Housing and Community Development
Act of 1974, P.L. 93-383.
(15) To sell at public or private sale, with or without public bidding, for fair market value, any mortgage or other obligation held by the authority.
(16) To the extent permitted under its contract with the
holders of bonds, notes, and other obligations of the authority, to consent to any modification with respect to rate of
interest, time and payment of any installment of principal or
interest security, or any other term of any contract, mortgage,
mortgage loan, mortgage loan commitment, contract or
agreement of any kind to which the authority is a party.
(17) To make, purchase, participate in, invest in, take
assignments of, or otherwise acquire loans to persons of low
income to enable them to acquire, construct, reconstruct,
rehabilitate, improve, lease, or refinance their dwellings, and
to take such security therefor as is deemed necessary and prudent by the authority.
(18) To make, purchase, participate in, invest in, take
assignments of, or otherwise acquire loans for the acquisition, construction, reconstruction, rehabilitation, improvement, leasing, or refinancing of land, buildings, or developments for housing for persons of low income. For purposes of
this subsection, development shall include either land or
buildings or both.
(a) Any development financed under this subsection
shall be subject to an agreement that for at least twenty years
(2010 Ed.)
Housing Authorities Law
the dwelling units made available to persons of low income
together with functionally related and subordinate facilities
shall occupy at least fifty percent of the interior space in the
total development or at least fifty percent of the total number
of units in the development, whichever produces the greater
number of units for persons of low income. For mobile home
parks, the mobile home lots made available to persons of low
income shall be at least fifty percent of the total number of
mobile home lots in the park. During the term of the agreement, the owner shall use its best efforts in good faith to
maintain the dwelling units or mobile home lots required to
be made available to persons of low income at rents affordable to persons of low income. The twenty-year requirement
under this subsection (18)(a) shall not apply when an authority finances the development by nonprofit corporations or
governmental units of dwellings or mobile home lots
intended for sale to persons of low and moderate income, and
shall not apply to construction or other short-term financing
provided to nonprofit corporations or governmental units
when the financing has a repayment term of one year or less.
(b) In addition, if the development is owned by a forprofit entity, the dwelling units or mobile home lots required
to be made available to persons of low income shall be rented
to persons whose incomes do not exceed fifty percent of the
area median income, adjusted for household size, and shall
have unit or lot rents that do not exceed fifteen percent of area
median income, adjusted for household size, unless rent subsidies are provided to make them affordable to persons of low
income.
For purposes of this subsection (18)(b), if the development is owned directly or through a partnership by a governmental entity or a nonprofit organization, which nonprofit
organization is itself not controlled by a for-profit entity or
affiliated with any for-profit entity that a nonprofit organization itself does not control, it shall not be treated as being
owned by a for-profit entity when the governmental entity or
nonprofit organization exercises legal control of the ownership entity and in addition, (i) the dwelling units or mobile
home lots required to be made available to persons of low
income are rented to persons whose incomes do not exceed
sixty percent of the area median income, adjusted for household size, and (ii) the development is subject to an agreement
that transfers ownership to the governmental entity or nonprofit organization or extends an irrevocable right of first
refusal to purchase the development under a formula for setting the acquisition price that is specified in the agreement.
(c) Commercial space in any building financed under
this subsection that exceeds four stories in height shall not
constitute more than twenty percent of the interior area of the
building. Before financing any development under this subsection the authority shall make a written finding that financing is important for project feasibility or necessary to enable
the authority to carry out its powers and purposes under this
chapter.
(19) To contract with a public authority or corporation,
created by a county, city, or town under RCW 35.21.730
through 35.21.755, to act as the developer for new housing
projects or improvement of existing housing projects. [2002
c 218 § 22; 1993 c 478 § 17; 1991 c 167 § 1; 1989 c 363 § 2;
1985 c 386 § 1; 1983 c 225 § 2; 1977 ex.s. c 274 § 2; 1965 c
(2010 Ed.)
35.82.090
7 § 35.82.070. Prior: 1945 c 43 § 1; 1939 c 23 § 8; Rem.
Supp. 1945 § 6889-8. Formerly RCW 74.24.070.]
Severability—Savings—Construction—2002 c 218: See notes following RCW 35.81.005.
Additional notes found at www.leg.wa.gov
35.82.076 Small works roster. A housing authority
may establish and use a small works roster for awarding contracts under RCW 39.04.155. [2000 c 138 § 205.]
35.82.076
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
35.82.080 Operation not for profit. It is hereby
declared to be the policy of this state that each housing
authority shall manage and operate its housing projects in an
efficient manner so as to enable it to fix the rentals for lowincome dwelling accommodations at the lowest possible rates
consistent with its providing decent, safe and sanitary dwelling accommodations, and that no housing authority shall construct or operate any such project for profit, or as a source of
revenue to the city or the county. To this end, an authority
shall fix the rentals for rental units for persons of low income
in projects owned or leased by the authority at no higher rates
than it shall find to be necessary in order to produce revenues
which (together with all other available moneys, revenues,
income and receipts of the authority from whatever sources
derived) will be sufficient (1) to pay, as the same become
due, the principal and interest on the bonds or other obligations of the authority issued or incurred to finance the
projects; (2) to meet the cost of, and to provide for, maintaining and operating the projects (including the cost of any
insurance) and the administrative expenses of the authority;
and (3) to create (during not less than the six years immediately succeeding its issuance of any such bonds) a reserve
sufficient to meet the largest principal and interest payments
which will be due on such bonds in any one year thereafter
and to maintain such reserve. Nothing contained in this section shall be construed to limit an authority’s power to rent
commercial space located in buildings containing housing
projects or non low-income units owned, acquired, financed,
or constructed under *RCW 35.82.070(5), (16), or (17) at
profitable rates and to use any profit realized from such rentals in carrying into effect the powers and purposes provided
to housing authorities under this chapter. [1989 c 363 § 3;
1983 c 225 § 3; 1977 ex.s. c 274 § 3; 1965 c 7 § 35.82.080.
Prior: 1939 c 23 § 9; RRS § 6889-9. Formerly RCW
74.24.080.]
35.82.080
*Reviser’s note: RCW 35.82.070 was amended by 1991 c 167 § 1,
changing subsections (16) and (17) to subsections (17) and (18); and subsequently amended by 1993 c 478 § 17 changing subsections (17) and (18) to
subsections (18) and (19).
Additional notes found at www.leg.wa.gov
35.82.090 Rentals and tenant selection. In the operation and management of rental units which are rented to persons of low income in any housing project an authority shall
at all times observe the following duties with respect to rentals and tenant selection: (1) It may rent or lease the dwelling
accommodations therein to persons of low income and at
rentals within the financial reach of such persons of low
income; (2) it may rent or lease to a low-income tenant dwell35.82.090
[Title 35 RCW—page 283]
35.82.100
Title 35 RCW: Cities and Towns
ing accommodations consisting of the number of rooms (but
no greater number) which it deems necessary to provide safe
and sanitary accommodations to the proposed occupants
thereof, without overcrowding; and (3) it shall not accept any
person as a low income tenant in any housing project designated for persons of low income if the person or persons who
would occupy the dwelling accommodations have an annual
net income in excess of five times the annual rental of the
quarters to be furnished such person or persons, except that in
the case of families with three or more minor dependents,
such ratio shall not exceed six to one; in computing the rental
for this purpose of selecting tenants, there shall be included in
the rental the average annual cost (as determined by the
authority) to occupants of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether
or not the charge for such services and facilities is in fact
included in the rental. This income limitation does not apply
to housing projects designated for senior citizens.
Nothing contained in this section or RCW 35.82.080
shall be construed as limiting the power of an authority to
vest in an obligee the right, in the event of a default by the
authority, to take possession of a housing project or cause the
appointment of a receiver thereof, free from all the restrictions imposed by this section or RCW 35.82.080. [1989 c
363 § 4; 1979 ex.s. c 187 § 3; 1977 ex.s. c 274 § 4; 1965 c 7
§ 35.82.090. Prior: 1939 c 23 § 10; RRS § 6889-10. Formerly
RCW 74.24.090.]
Additional notes found at www.leg.wa.gov
35.82.100
35.82.100 Cooperation between authorities. Any two
or more authorities may join or cooperate with one another in
the exercise of any or all of the powers conferred hereby for
the purpose of financing, planning, undertaking, constructing
or operating a housing project or projects located within the
area of operation of any one or more of said authorities.
[1965 c 7 § 35.82.100. Prior: 1939 c 23 § 11; RRS § 688911. Formerly RCW 74.24.100.]
35.82.110
35.82.110 Eminent domain. An authority shall have
the right to acquire by the exercise of the power of eminent
domain any real property which it may deem necessary for its
purposes under this chapter after the adoption by it of a resolution declaring that the acquisition of the real property
described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the same
manner and under the same procedure as now is or may be
hereafter provided by law in the case of other corporations
authorized by the laws of the state to exercise the right of
eminent domain; or it may exercise the power of eminent
domain in the manner now or which may be hereafter provided by any other applicable statutory provisions for the
exercise of the power of eminent domain. Property already
devoted to a public use may be acquired in like manner:
PROVIDED, That no real property belonging to the city, the
county, the state or any political subdivision thereof may be
acquired without its consent. [1965 c 7 § 35.82.110. Prior:
1939 c 23 § 12; RRS § 6889-12. Formerly RCW 74.24.110.]
Eminent domain: Title 8 RCW.
[Title 35 RCW—page 284]
35.82.120 Planning, zoning and building laws. All
housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing
project is situated. In the planning and location of any housing project, an authority shall take into consideration the relationship of the project to any larger plan or long-range program for the development of the area in which the housing
authority functions. [1965 c 7 § 35.82.120. Prior: 1939 c 23
§ 13; RRS § 6889-13. Formerly RCW 74.24.120.]
35.82.120
Ordinances—Adoption of codes by reference: RCW 35.21.180.
Planning commissions: Chapter 35.63 RCW.
35.82.130 Bonds. An authority shall have power to
issue bonds from time to time in its discretion, for any of its
corporate purposes. An authority shall also have power to
issue refunding bonds for the purpose of paying or retiring
bonds previously issued by it. An authority may issue such
types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable: (1) Exclusively from the
income and revenues of the housing project financed with the
proceeds of such bonds; (2) exclusively from the income and
revenues of certain designated housing projects whether or
not they are financed in whole or in part with the proceeds of
such bonds; or (3) from all or part of its revenues or assets
generally. Any such bonds may be additionally secured by a
pledge of any grant or contributions from the federal government or other source, or a pledge of any income or revenues
of the authority, or a mortgage of any housing project,
projects or other property of the authority. Any pledge made
by the authority shall be valid and binding from the time
when the pledge is made; the revenues, moneys, or property
so pledged and thereafter received by the authority shall
immediately be subject to the lien of the pledge without any
physical delivery thereof or further act, and the lien of any
such pledge shall be valid and binding as against all parties
having claims of any kind in tort, contract, or otherwise
against the authority, irrespective or whether the parties have
notice thereof.
Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the
bonds by reason of the issuance thereof. The bonds and other
obligations of an authority (and such bonds and obligations
shall so state on their face) shall not be a debt of the city, the
county, the state or any political subdivision thereof and neither the city or the county, nor the state or any political subdivision thereof shall be liable thereon, nor in any event shall
such bonds or obligations be payable out of any funds or
properties other than those of the authority. The bonds shall
not constitute an indebtedness within the meaning of any
constitutional or statutory debt limitation or restriction.
Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income
therefrom, shall be exempt from taxes. Nothing in this section shall prevent an authority from issuing bonds the interest
on which is included in gross income of the owners thereof
for income tax purposes. [1995 c 293 § 2; 1991 c 167 § 2;
1977 ex.s. c 274 § 5; 1965 c 7 § 35.82.130. Prior: 1939 c 23
§ 14; RRS § 6889-14. Formerly RCW 74.24.130.]
35.82.130
(2010 Ed.)
Housing Authorities Law
35.82.140 Form and sale of bonds. (1) Bonds of an
authority shall be authorized by its resolution and may be
issued in one or more series and shall bear such date or dates,
mature at such time or times, bear interest at such rate or
rates, be in such denomination or denominations, be in such
form, either coupon or registered as provided in RCW
39.46.030, carry such conversion or registration privileges,
have such rank or priority, be executed in such manner, be
payable in such medium of payment, at such place or places,
and be subject to such terms of redemption (with or without
premium) as such resolution, its trust indenture or mortgage
may provide.
The bonds may be sold at public or private sale.
In case any of the commissioners or officers of the
authority whose signatures appear on any bond or any coupons shall cease to be such commissioners or officers before
the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if
they had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds
issued pursuant to this chapter shall be fully negotiable.
In any suit, action or proceedings involving the validity
or enforceability of any bond of an authority or the security
therefor, any such bond reciting in substance that it has been
issued by the authority to aid in financing a housing project to
provide dwelling accommodations for persons of low income
shall be conclusively deemed to have been issued for a housing project of such character and said project shall be conclusively deemed to have been planned, located and constructed
in accordance with the purposes and provisions of this chapter.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 65; 1977 ex.s. c 274 § 6; 1970
ex.s. c 56 § 45; 1969 ex.s. c 232 § 22; 1965 c 7 § 35.82.140.
Prior: 1939 c 23 § 15; RRS § 6889-15. Formerly RCW
74.24.140.]
35.82.140
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
35.82.150 Provisions of bonds, trust indentures, and
mortgages. In connection with the issuance of bonds or the
incurring of obligations under leases and in order to secure
the payment of such bonds or obligations, an authority, in
addition to its other powers, shall have power:
(1) To pledge all or any part of its gross or net rents, fees,
revenues, or assets, including mortgage loans and obligations
securing the same, to which its right then exists or may thereafter come into existence.
(2) To mortgage all or any part of its real or personal
property, then owned or thereafter acquired.
(3) To covenant against pledging all or any part of its
rents, fees and revenues, or against mortgaging all or any part
of its real or personal property, to which its right or title then
exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property; to
covenant with respect to limitations on its right to sell, lease
or otherwise dispose of any housing project or any part
thereof; and to covenant as to what other, or additional debts
or obligations may be incurred by it.
35.82.150
(2010 Ed.)
35.82.150
(4) To covenant as to the bonds to be issued and as to the
issuance of such bonds in escrow or otherwise, and as to the
use and disposition of the proceeds thereof; to provide for the
replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds
or interest thereon; and to redeem the bonds, and to covenant
for their redemption and to provide the terms and conditions
thereof.
(5) To covenant (subject to the limitations contained in
this chapter) as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised
each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof; to
create or to authorize the creation of special funds for moneys
held for construction or operating costs, debt service,
reserves, or other purposes, and to covenant as to the use and
disposition of the moneys held in such funds.
(6) To prescribe the procedure, if any, by which the
terms of any contract with bondholders may be amended or
abrogated, the amount of bonds the holders of which must
consent thereto and the manner in which such consent may be
given.
(7) To covenant as to use of any or all of its real or personal property; and to covenant as to the maintenance of its
real and personal property, the replacement thereof, the insurance to be carried thereon and the use and disposition of
insurance moneys.
(8) To covenant as to the rights, liabilities, powers and
duties arising upon the breach by it of any covenant, condition, or obligation; and to covenant and prescribe as to events
of default and terms and conditions upon which any or all of
its bonds or obligations shall become or may be declared due
before maturity, and as to the terms and conditions upon
which such declaration and its consequences may be waived.
(9) To vest in a trustee or trustees or the holders of bonds
or any proportion of them the right to enforce the payment of
the bonds or any covenants securing or relating to the bonds;
to vest in a trustee or trustees the right, in the event of a
default by said authority, to take possession and use, operate
and manage any housing project or part thereof, and to collect
the rents and revenues arising therefrom and to dispose of
such moneys in accordance with the agreement of the authority with said trustee; to provide for the powers and duties of a
trustee or trustees and to limit the liabilities thereof; and to
provide the terms and conditions upon which the trustee or
trustees or the holders of bonds or any proportion of them
may enforce any covenant or rights securing or relating to the
bonds.
(10) To covenant as to the use and disposition of the
gross income from mortgages owned by the authority and
payment of principal of the mortgages.
(11) To exercise all or any part or combination of the
powers herein granted; to make covenants other than and in
addition to the covenants herein expressly authorized, of like
or different character; to make such covenants and to do any
and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of said authority, as will tend to make the
bonds more marketable notwithstanding that such covenants,
acts or things may not be enumerated herein. [1977 ex.s. c
[Title 35 RCW—page 285]
35.82.160
Title 35 RCW: Cities and Towns
274 § 7; 1965 c 7 § 35.82.150. Prior: 1939 c 23 § 16; RRS §
6889-16. Formerly RCW 74.24.150.]
35.82.160 Certification by attorney general. Any
authority may submit to the attorney general of the state any
bonds to be issued hereunder after all proceedings for the
issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be
the duty of the attorney general to examine into and pass
upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such proceedings conform to the provisions of this chapter and are otherwise regular in form and if such bonds when delivered and paid for will
constitute binding and legal obligations of the authority
enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of said
bonds that it is issued in accordance with the Constitution and
laws of the state of Washington. [1965 c 7 § 35.82.160. Prior:
1939 c 23 § 17; RRS § 6889-17. Formerly RCW 74.24.160.]
35.82.160
(3) To require said authority and the commissioners
thereof to account as if it and they were the trustees of an
express trust. [2009 c 549 § 2126; 1965 c 7 § 35.82.180.
Prior: 1939 c 23 § 19; RRS § 6889-19. Formerly RCW
74.24.180.]
35.82.190 Exemption of property from execution
sale. All real property of an authority shall be exempt from
levy and sale by virtue of an execution, and no execution or
other judicial process shall issue against the same nor shall
any judgment against an authority be a charge or lien upon its
real property: PROVIDED, HOWEVER, That the provisions
of this section shall not apply to or limit the right of obligees
to foreclose or otherwise enforce any mortgage of an authority or the right of obligees to pursue any remedies for the
enforcement of any pledge or lien given by an authority on its
rents, fees or revenues. [1965 c 7 § 35.82.190. Prior: 1939 c
23 § 20; RRS § 6889-20. Formerly RCW 74.24.190.]
35.82.190
35.82.200 Aid from federal government—Provisions
applicable to authorities. (1) In addition to the powers conferred upon an authority by other provisions of this chapter,
an authority is empowered to borrow money or accept contributions, grants or other financial assistance from the federal
government for or in aid of any housing project within its
area of operation, to take over or lease or manage any housing
project or undertaking constructed or owned by the federal
government, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases
or agreements as may be necessary, convenient or desirable.
It is the purpose and intent of this chapter to authorize every
authority to do any and all things necessary or desirable to
secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any housing project by such authority.
(2) All housing authorities shall be subject to the provisions of chapter 39.10 RCW except where alternative
requirements or procedures of federal law or federal regulation are authorized.
(3) The requirements of chapter 39.12 RCW regarding
prevailing wages shall apply to housing authority public
works except where specifically preempted by federal law or
federal regulation. [2010 1st sp.s. c 21 § 4; 1965 c 7 §
35.82.200. Prior: 1939 c 23 § 21; RRS § 6889-21. Formerly
RCW 74.24.200.]
35.82.200
35.82.170 Remedies of an obligee of authority. An
obligee of an authority shall have the right in addition to all
other rights which may be conferred on such obligee, subject
only to any contractual restrictions binding upon such obligee:
(1) By mandamus, suit, action or proceeding at law or in
equity to compel said authority and the commissioners, officers, agents or employees thereof to perform each and every
term, provision and covenant contained in any contract of
said authority with or for the benefit of such obligee, and to
require the carrying out of any or all such covenants and
agreements of said authority and the fulfillment of all duties
imposed upon said authority by this chapter.
(2) By suit, action or proceeding in equity, to enjoin any
acts or things which may be unlawful, or the violation of any
of the rights of such obligee of said authority. [1965 c 7 §
35.82.170. Prior: 1939 c 23 § 18; RRS § 6889-18. Formerly
RCW 74.24.170.]
35.82.170
35.82.180 Additional remedies conferable by authority. An authority shall have power by its resolution, trust
indenture, mortgage, lease or other contract to confer upon
any obligee holding or representing a specified amount in
bonds, or holding a lease, the right (in addition to all rights
that may otherwise be conferred), upon the happening of an
event of default as defined in such resolution or instrument,
by suit, action or proceeding in any court of competent jurisdiction:
(1) To cause possession of any housing project or any
part thereof to be surrendered to any such obligee.
(2) To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the
rents and profits therefrom. If such receiver be appointed, he
or she may enter and take possession of such housing project
or any part thereof and operate and maintain same, and collect and receive all fees, rents, revenues, or other charges
thereafter arising therefrom, and shall keep such moneys in a
separate account or accounts and apply the same in accordance with the obligations of said authority as the court shall
direct.
35.82.180
[Title 35 RCW—page 286]
Intent—2010 1st sp.s. c 21: See note following RCW 39.10.200.
35.82.210 Tax exemption and payments in lieu of
taxes—Definitions. (1) The property of an authority is
declared to be public property used for essential public and
governmental purposes and such property and an authority
shall be exempt from all taxes and special assessments of the
city, the county, the state or any political subdivision thereof:
PROVIDED, HOWEVER, That in lieu of such taxes an
authority may agree to make payments to the city or the
county or any such political subdivision for improvements,
services and facilities furnished by such city, county or political subdivision for the benefit of a housing project, but in no
event shall such payments exceed the amount last levied as
the annual tax of such city, county or political subdivision
35.82.210
(2010 Ed.)
Housing Authorities Law
upon the property included in said project prior to the time of
its acquisition by the authority.
(2) For the sole purpose of the exemption from tax under
this section:
(a) "Authority," in addition to the meaning in RCW
35.82.020, also means tribal housing authorities and intertribal housing authorities.
(b) "Intertribal housing authority" means a housing
authority created by a consortium of tribal governments to
operate and administer housing programs for persons of low
income or senior citizens for and on behalf of such tribes.
(c) "Tribal government" means the governing body of a
federally recognized Indian tribe.
(d) "Tribal housing authority" means the tribal government or an agency or branch of the tribal government that
operates and administers housing programs for persons of
low income or senior citizens. [2000 c 187 § 2; 1965 c 7 §
35.82.210. Prior: 1939 c 23 § 22; RRS § 6889-22. Formerly
RCW 74.24.210.]
Finding—2000 c 187: "Affordable and accessible housing is of great
concern and importance to the legislature and the people of this state. The
legislature recognizes the important role housing authorities serve in creating
and maintaining housing for low-income persons and senior citizens. The
legislature finds that tribal housing authorities should be afforded the same
exemptions from tax as all other housing authorities and extends the exemption from state and local tax to tribal housing authorities." [2000 c 187 § 1.]
Effective date—2000 c 187: "This act takes effect July 1, 2000." [2000
c 187 § 3.]
35.82.220 Housing bonds legal investments and security. Notwithstanding any restrictions on investments contained in any laws of this state, the state and all public officers, municipal corporations, political subdivisions, and public
bodies, all banks, bankers, trust companies, savings banks
and institutions, building and loan associations, savings and
loan associations, investment companies and other persons
carrying on a banking business, all insurance companies,
insurance associations and other persons carrying on an
insurance business, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any
sinking funds, moneys or other funds belonging to them or
within their control in any bonds or other obligations issued
by a housing authority pursuant to the housing authorities law
of this state or issued by any public housing authority or
agency in the United States, and such bonds and other obligations shall be authorized security for all public deposits; it
being the purpose of this chapter to authorize any persons,
firms, corporations, associations, political subdivisions, bodies and officers, public or private, to use any funds owned or
controlled by them, including (but not limited to) sinking,
insurance, investment, retirement, compensation, pension
and trust funds, and funds held on deposit, for the purchase of
any such bonds or other obligations: PROVIDED, HOWEVER, That nothing contained in this chapter shall be construed as relieving any person, firm or corporation from any
duty of exercising reasonable care in selecting securities.
[1977 ex.s. c 274 § 8; 1965 c 7 § 35.82.220. Prior: 1939 c 23
§ 23; RRS § 6889-23. Formerly RCW 74.24.220.]
35.82.270
such additional legislation or other action as it deems necessary in order to carry out the purposes of this chapter. [1965
c 7 § 35.82.230. Prior: 1939 c 23 § 24; RRS § 6889-24. Formerly RCW 74.24.230.]
35.82.240
35.82.240 Rural housing projects. Housing authorities
created for counties are specifically empowered and authorized to borrow money, accept grants and exercise their other
powers to provide housing for farmers of low income as
herein defined. In providing such housing, such housing
authorities shall not be subject to the tenant selection limitations provided in RCW 35.82.090(3). In connection with
such projects, such housing authorities may enter into such
leases or purchase agreements, accept such conveyances and
rent or sell dwellings forming part of such projects to or for
farmers of low income, as such housing authority deems necessary in order to assure the achievement of the objectives of
this chapter. Such leases, agreements or conveyances may
include such covenants as the housing authority deems
appropriate regarding such dwellings and the tracts of land
described in any such instrument, which covenants shall be
deemed to run with the land where the housing authority
deems it necessary and the parties to such instrument so stipulate. Nothing contained in this section shall be construed as
limiting any other powers of any housing authority. [1965 c
7 § 35.82.240. Prior: 1941 c 69 § 1; Rem. Supp. 1941 §
6889-23a. Formerly RCW 74.24.240.]
35.82.220
35.82.230 Reports. At least once a year, an authority
shall file with the clerk a report of its activities for the preceding year, and shall make recommendations with reference to
35.82.230
(2010 Ed.)
35.82.250
35.82.250 Housing applications by farmers. The
owner of any farm operated, or worked upon, by farmers of
low income in need of safe and sanitary housing may file an
application with a housing authority of a county requesting
that it provide for a safe and sanitary dwelling or dwellings
for occupancy by such farmers of low income. Such applications shall be received and examined by housing authorities
in connection with the formulation of projects or programs to
provide housing for farmers of low income. [1965 c 7 §
35.82.250. Prior: 1941 c 69 § 2; Rem. Supp. 1941 §
6889-23b. Formerly RCW 74.24.250.]
35.82.260
35.82.260 Farmers of low income. "Farmers of low
income" shall mean persons or families who at the time of
their admission to occupancy in a dwelling of a housing
authority: (1) live under unsafe or insanitary housing conditions; (2) derive their principal income from operating or
working upon a farm; and (3) had an aggregate average
annual net income for the three years preceding their admission that was less than the amount determined by the housing
authority to be necessary, within its area of operation, to
enable them, without financial assistance, to obtain decent,
safe and sanitary housing without overcrowding. [1965 c 7 §
35.82.260. Prior: 1941 c 69 § 3; Rem. Supp. 1941 §
6889-23c. Formerly RCW 74.24.260.]
35.82.270
35.82.270 Powers are additional. The powers conferred by RCW 35.82.240 through 35.82.270 shall be in addition and supplemental to the powers conferred by any other
law, and nothing contained herein shall be construed as limiting any other powers of any housing authority. [1965 c 7 §
[Title 35 RCW—page 287]
35.82.280
Title 35 RCW: Cities and Towns
35.82.270. Prior: 1941 c 69 § 4; Rem. Supp. 1941 §
6889-23d. Formerly RCW 74.24.270.]
35.82.280 Supplemental projects. Except as limited
by this section, an authority shall have the same powers with
respect to supplemental projects as hereinafter in this section
defined as are now or hereafter granted to it under this chapter with respect to housing projects.
No funds shall be expended by an authority for a supplemental project except by resolution adopted on notice at a
public hearing as provided by chapter 42.32 RCW, supported
by formal findings of fact incorporated therein, establishing
that:
(1) Low-income housing needs within the area of operation of the authority are being or will be adequately met by
existing programs; and
(2) A surplus of funds will exist after meeting such lowincome housing needs.
Expenditures for supplemental projects shall be limited
to those funds determined to be surplus.
"Supplemental project" for the purposes of this chapter
shall mean any work or undertaking to provide buildings,
land, equipment, facilities, and other real or personal property
for recreational, group home, halfway house or other community purposes which by resolution of the housing authority is
determined to be necessary for the welfare of the community
within its area of operation and to fully accomplish the purposes of this chapter. Such project need not be in conjunction
with the clearing of a slum area under subsection (9)(a) of
RCW 35.82.020 or with the providing of low-income housing under subsection (9)(b) of RCW 35.82.020. [1971 ex.s. c
300 § 2.]
35.82.280
35.82.285 Group homes or halfway houses for
released juveniles or developmentally disabled. Housing
authorities created under this chapter may establish and operate group homes or halfway houses to serve juveniles
released from state juvenile or correctional institutions, or to
serve the developmentally disabled as defined in *RCW
71A.10.020(2). Authorities may contract for the operation of
facilities so established, with qualified nonprofit organizations as agent of the authority. Authorities may provide support or supportive services in facilities serving juveniles, the
developmentally disabled or other persons under a disability,
and the frail elderly, whether or not they are operated by the
authority.
Action under this section shall be taken by the authority
only after a public hearing as provided by chapter 42.30
RCW. In exercising this power the authority shall not be
empowered to acquire property by eminent domain, and the
facilities established shall comply with all zoning, building,
fire, and health regulations and procedures applicable in the
locality. [1991 c 167 § 3; 1973 1st ex.s. c 198 § 2.]
35.82.285
*Reviser’s note: RCW 71A.10.020 was amended by 1998 c 216 § 2,
changing subsection (2) to subsection (3).
Additional notes found at www.leg.wa.gov
35.82.300 Joint housing authorities—Creation
authorized—Contents of ordinances creating—Powers.
This section applies to all cities and counties.
35.82.300
[Title 35 RCW—page 288]
(1) Joint housing authorities are hereby authorized when
the legislative authorities of one or more counties and the legislative authorities of any city or cities within any of those
counties or in another county or counties have authorized
such joint housing authority by ordinance.
(2) The ordinances enacted by the legislative authorities
creating the joint housing authority shall prescribe the number of commissioners, the method for their appointment and
length of their terms, the election of officers, and the method
for removal of commissioners.
(3) The ordinances enacted by the legislative authorities
creating the joint housing authority shall prescribe the allocation of all costs of the joint housing authority and any other
matters necessary for the operation of the joint housing
authority.
(4) A joint housing authority shall have all the powers as
prescribed by this chapter for any housing authority. The area
of operation of a joint housing authority shall be the combined areas, defined by RCW 35.82.020(6), of the housing
authorities created in each city and county authorizing the
joint housing authority.
(5) The provisions of RCW 35.82.040 and 35.82.060
shall not apply to a joint housing authority created pursuant to
this section. [2002 c 258 § 1; 1980 c 25 § 1.]
35.82.310 Joint housing authorities—Dissolution.
[(1)] A joint housing authority may be dissolved pursuant to
substantially identical resolutions or ordinances of the legislative authority of each of the counties or cities that previously authorized that joint housing authority. These resolutions or ordinances may authorize the execution of an agreement among the counties, cities, and the joint housing
authority that provides for the timing, distribution of assets,
obligations and liabilities, and other matters deemed necessary or appropriate by the legislative authorities.
(2) Each resolution or ordinance dissolving a joint housing authority shall provide for the following:
(a) Activation or reactivation of a housing authority or
joint housing authority by each of the cities and counties that
previously authorized the joint housing authority and any
additional cities or counties that are then to be added. This
activation or reactivation takes effect upon the dissolution of
the joint housing authority or at an earlier time provided in
the resolutions or ordinances dissolving the joint housing
authority; and
(b) Distribution of all assets, obligations, and liabilities
of the joint housing authority to the housing authorities activated or reactivated under (a) of this subsection. Distribution
of assets, obligations, and liabilities may be based on any, or
a combination of any of, the following considerations:
(i) The population within the boundaries of each of the
housing authorities activated or reactivated under (a) of this
subsection;
(ii) The number of housing units owned by the joint
housing authority within the boundaries of each of the housing authorities activated or reactivated under (a) of this subsection;
(iii) The number of low-income residents within the
boundaries of each of the housing authorities activated or
reactivated under (a) of this subsection;
35.82.310
(2010 Ed.)
Housing Cooperation Law
(iv) The effect of the proposed distribution on the viability of the housing authorities activated or reactivated under
(a) of this subsection; or
(v) Any other reasonable criteria to determine the distribution of assets, obligations, and liabilities.
(3) Each activated or reactivated housing authority shall
be responsible for debt service on bonds or other obligations
issued or incurred to finance the acquisition, construction, or
improvement of the projects, properties, and other assets that
have been distributed to them under the dissolution. However, if an outstanding bond issue is secured in whole or in
part by the general revenues of the joint housing authority
being dissolved, each housing authority activated or reactivated under subsection (2)(a) of this section shall remain
jointly and severally liable for retirement of debt service
through repayment of those outstanding bonds and other obligations of the joint housing authority until paid or defeased,
from general revenues of each of the activated or reactivated
housing authorities, and from any other revenues and
accounts that had been expressly pledged by the joint housing
authority to the payment of those bonds or other obligations.
As used in this subsection, "general revenues" means all revenues of a housing authority from any source, but only to the
extent that those revenues are available to pay debt service on
bonds or other obligations and are not then or thereafter
pledged or restricted by law, regulation, contract, covenant,
resolution, deed of trust, or otherwise, solely to another particular purpose. [2006 c 349 § 12.]
Finding—2006 c 349: See note following RCW 43.185.130.
35.83.010
(4) Other assets, if any, shall be returned to the governing body of the city, town, or county for uses allowed under
state law. [1987 c 275 § 2.]
35.82.330 Chapter not applicable to certain transfers
of property. This chapter does not apply to transfers of property under *sections 1 and 2 of this act. [2006 c 35 § 8.]
35.82.330
*Reviser’s note: The reference to "sections 1 and 2 of this act" appears
to be erroneous. Reference to "sections 2 and 3 of this act" codified as RCW
43.99C.070 and 43.83D.120 was apparently intended.
Findings—2006 c 35: See note following RCW 43.99C.070.
35.82.340 Previously incarcerated individuals—
Rental policies that are not unduly burdensome encouraged. The legislature recognizes that stable, habitable, and
supportive housing is a critical factor that increases a previously incarcerated individual’s access to treatment and services as well as the likelihood of success in the community.
Housing authorities are therefore encouraged to formulate
rental policies that are not unduly burdensome to previously
incarcerated individuals attempting to reenter the community, particularly when the individual’s family may already
reside in government subsidized housing. [2007 c 483 §
603.]
35.82.340
Finding—Intent—2007 c 483: "The legislature finds that, in order to
improve the safety of our communities, more housing needs to be made
available to offenders returning to the community. The legislature intends to
increase the housing available to offenders by providing that landlords who
rent to offenders shall be immune from civil liability for damages that may
result from the criminal conduct of the tenant." [2007 c 483 § 601.]
Findings—Part headings not law—Severability—2007 c 483: See
RCW 72.78.005, 72.78.900, and 72.78.901.
35.82.320
35.82.320 Deactivation of housing authority—Procedure. A housing authority created under this chapter and
activated by a resolution by the governing body of a city,
town, or county may be deactivated by a resolution by the
city, town, or county. The findings listed in RCW 35.82.030
to activate the housing authority shall be considered prior to
deactivating the housing authority. For the sole purposes of
winding up the affairs of a deactivated housing authority, the
governing body of the city, town, or county may exercise any
power granted to a housing authority under this chapter.
[1987 c 275 § 1.]
35.82.900 Short title. This chapter shall be known and
may be cited as the "Housing Authorities Law." [1965 c 7 §
35.82.900. Prior: 1939 c 23 § 1.]
35.82.900
35.82.910 Chapter controlling. Insofar as the provisions of this chapter are inconsistent with the provisions of
any other law, the provisions of this chapter shall be controlling. [1965 c 7 § 35.82.910. Prior: 1939 c 23 § 26.]
35.82.910
Chapter 35.83
35.82.325
35.82.325 Deactivation of housing authority—Distribution of assets. The assets of an authority in the process of
deactivation shall be applied and distributed as follows:
(1) All liabilities and obligations of the authority shall be
paid, satisfied, and discharged, or adequate provision shall be
made therefor;
(2) Assets held by the authority upon condition requiring
return, transfer, or conveyance, which condition occurs by
reason of the deactivation shall be returned, transferred, or
conveyed in accordance with such requirements;
(3) Assets received and held by the authority subject to
limitations permitting their use only for activities purposes
contained in RCW 35.82.070, but not held upon a condition
requiring return, transfer, or conveyance by reason of the
deactivation, shall be transferred or conveyed to the governing body of the city, town, or county and used to engage in
activities contained in RCW 35.82.070;
(2010 Ed.)
Chapter 35.83 RCW
HOUSING COOPERATION LAW
Sections
35.83.005
35.83.010
35.83.020
35.83.030
35.83.040
35.83.050
35.83.060
35.83.070
Short title.
Finding and declaration of necessity.
Definitions.
Cooperation in undertaking housing projects.
Agreements as to payments by housing authority.
Advances to housing authority.
Procedure for exercising powers.
Supplemental nature of chapter.
Housing authorities law: Chapter 35.82 RCW.
35.83.005 Short title. This act may be referred to as the
"Housing Cooperation Law." [1965 c 7 § 35.83.005. Prior:
1939 c 24 § 1; RRS § 6889-31.]
35.83.005
35.83.010 Finding and declaration of necessity. It has
been found and declared in the housing authorities law that
there exist in the state unsafe and insanitary housing condi35.83.010
[Title 35 RCW—page 289]
35.83.020
Title 35 RCW: Cities and Towns
tions and a shortage of safe and sanitary dwelling accommodations for persons of low income; that these conditions
necessitate excessive and disproportionate expenditures of
public funds for crime prevention and punishment, public
health and safety, fire and accident protection, and other public services and facilities; and that the public interest requires
the remedying of these conditions. It is hereby found and
declared that the assistance herein provided for the remedying of the conditions set forth in the housing authorities law
constitutes a public use and purpose and an essential governmental function for which public moneys may be spent, and
other aid given; that it is a proper public purpose for any state
public body to aid any housing authority operating within its
boundaries or jurisdiction or any housing project located
therein, as the state public body derives immediate benefits
and advantages from such an authority or project; and that the
provisions hereinafter enacted are necessary in the public
interest. [1965 c 7 § 35.83.010. Prior: 1939 c 24 § 2; RRS §
6889-32. Formerly RCW 74.28.010.]
35.83.020
35.83.020 Definitions. The following terms, whenever
used or referred to in this chapter shall have the following
respective meanings, unless a different meaning clearly
appears from the context:
(1) "Housing authority" shall mean any housing authority created pursuant to the housing authorities law of this
state.
(2) "Housing project" shall mean any work or undertaking of a housing authority pursuant to the housing authorities
law or any similar work or undertaking of the federal government.
(3) "State public body" shall mean the state of Washington and any city, town, county, municipal corporation, commission, district, authority, other subdivision or public body
of the state.
(4) "Governing body" shall mean the council, the commission, board of county commissioners or other body having charge of the fiscal affairs of the state public body.
(5) "Federal government" shall include the United States
of America, the United States housing authority, or any other
agency or instrumentality, corporate or otherwise, of the
United States of America. [1991 c 167 § 4; 1965 c 7 §
35.83.020. Prior: 1939 c 24 § 3; RRS § 6889-33. Formerly
RCW 74.28.020.]
35.83.030
35.83.030 Cooperation in undertaking housing
projects. For the purpose of aiding and cooperating in the
planning, undertaking, construction or operation of housing
projects located within the area in which it is authorized to
act, any state public body may upon such terms, with or without consideration, as it may determine:
(1) Dedicate, sell, grant, convey, or lease any of its interest in any property, or grant easements, licenses or any other
rights or privileges therein to a housing authority or the federal government;
(2) Cause parks, playgrounds, recreational, community,
educational, water, sewer or drainage facilities, or any other
works which it is otherwise empowered to undertake, to be
furnished adjacent to or in connection with housing projects;
[Title 35 RCW—page 290]
(3) Furnish, dedicate, close, pave, install, grade, regrade,
plan or replan streets, roads, roadways, alleys, sidewalks or
other places which it is otherwise empowered to undertake;
(4) Plan or replan, zone or rezone any part of such state
public body; make exceptions from building regulations and
ordinances; any city or town also may change its map;
(5) Cause services to be furnished to the housing authority of the character which such state public body is otherwise
empowered to furnish;
(6) Enter into agreements with respect to the exercise by
such state public body of its powers relating to the repair,
elimination or closing of unsafe, insanitary or unfit dwellings;
(7) Employ (notwithstanding the provisions of any other
law) any funds belonging to or within the control of such
state public body, including funds derived from the sale or
furnishing of property or facilities to a housing authority, in
the purchase of the bonds or other obligations of a housing
authority; and exercise all the rights of any holder of such
bonds or other obligations;
(8) Do any and all things, necessary or convenient to aid
and cooperate in the planning, undertaking, construction or
operation of such housing projects;
(9) Incur the entire expense of any public improvements
made by such state public body in exercising the powers
granted in this chapter;
(10) Enter into agreements (which may extend over any
period, notwithstanding any provision or rule of law to the
contrary), with a housing authority respecting action to be
taken by such state public body pursuant to any of the powers
granted by this chapter. Any law or statute to the contrary
notwithstanding, any sale, conveyance, lease or agreement
provided for in this section may be made by a state public
body without appraisal, advertisement or public bidding:
PROVIDED, There must be five days public notice given
either by posting in three public places or publishing in the
official county newspaper of the county wherein the property
is located; and
(11) With respect to any housing project which a housing
authority has acquired or taken over from the federal government and which the housing authority by resolution has
found and declared to have been constructed in a manner that
will promote the public interest and afford necessary safety,
sanitation and other protection, no state public body shall
require any changes to be made in the housing project or the
manner of its construction or take any other action relating to
such construction. [1991 c 167 § 5; 1965 c 7 § 35.83.030.
Prior: 1939 c 24 § 4; RRS § 6889-34. Formerly RCW
74.28.030.]
35.83.040 Agreements as to payments by housing
authority. In connection with any housing project located
wholly or partly within the area in which it is authorized to
act, any state public body may agree with a housing authority
or the federal government that a certain sum (in no event to
exceed the amount last levied as the annual tax of such state
public body upon the property included in said project prior
to the time of its acquisition by the housing authority) or that
no sum, shall be paid by the authority in lieu of taxes for any
year or period of years. [1965 c 7 § 35.83.040. Prior: 1939 c
24 § 5; RRS § 6889-35. Formerly RCW 74.28.040.]
35.83.040
(2010 Ed.)
Utility and Other Services Beyond City Limits
35.83.050 Advances to housing authority. Any city,
town, or county located in whole or in part within the area of
operation of a housing authority shall have the power from
time to time to lend or donate money to such authority or to
agree to take such action. Such housing authority, when it has
money available therefor, shall make reimbursements for all
such loans made to it. [1965 c 7 § 35.83.050. Prior: 1939 c
24 § 6; RRS § 6889-36. Formerly RCW 74.28.050.]
35.83.050
35.83.060 Procedure for exercising powers. The exercise by a state public body of the powers herein granted may
be authorized by resolution of the governing body of such
state public body adopted by a majority of the members of its
governing body present at a meeting of said governing body,
which resolution may be adopted at the meeting at which
such resolution is introduced. Such a resolution or resolutions
shall take effect immediately and need not be laid over or
published or posted. [1965 c 7 § 35.83.060. Prior: 1939 c 24
§ 7; RRS § 6889-37. Formerly RCW 74.28.060.]
35.83.060
35.84.060
35.84.030 Limitation on right of eminent domain.
Every city or town owning its own electric power and light
plant may exercise the power of eminent domain as provided
by law for the condemnation of private property for any of
the corporate uses or purposes of the city or town: PROVIDED, That no city or town shall acquire, by purchase or
condemnation, any publicly or privately owned electric
power and light plant or electric system located in any other
city or town except with the approval of a majority of the
qualified electors of the city or town in which the property to
be acquired is situated; nor shall any city or town acquire by
condemnation the electric power and light plant or electric
system, or any part thereof, belonging to or owned or operated by any municipal corporation, mutual, nonprofit, or
cooperative association or organization, or by a public utility
district. [1965 c 7 § 35.84.030. Prior: 1933 c 51 § 3; RRS §
9209-3.]
35.84.030
Eminent domain by cities: Chapter 8.12 RCW.
35.84.040 Fire apparatus—Use beyond city limits.
Every municipal corporation which owns, operates, or maintains fire apparatus and equipment may permit, under conditions prescribed by the governing body of such corporation,
such equipment and the personnel operating the same to go
outside of the corporate limits of such municipality for the
purpose of extinguishing or aiding in the extinguishing or
control of fires. Any use made of such equipment or personnel under the authority of this section shall be deemed an
exercise of a governmental function of such municipal corporation. [1965 c 7 § 35.84.040. Prior: 1941 c 96 § 1; Rem.
Supp. 1941 § 9213-9.]
35.84.040
35.83.070 Supplemental nature of chapter. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law. [1965 c 7 §
35.83.070. Prior: 1939 c 24 § 8; RRS § 6889-39. Formerly
RCW 74.28.070.]
35.83.070
Chapter 35.84
Chapter 35.84 RCW
UTILITY AND OTHER SERVICES
BEYOND CITY LIMITS
Sections
35.84.010
35.84.020
35.84.030
35.84.040
35.84.050
35.84.060
Electric energy—Sale of—Purchase.
Electric energy facilities—Right to acquire.
Limitation on right of eminent domain.
Fire apparatus—Use beyond city limits.
Firefighter injured outside corporate limits.
Street railway extensions.
35.84.010 Electric energy—Sale of—Purchase.
Every city or town owning its own electric power and light
plant, shall have the right to sell and dispose of electric
energy to any other city or town, public utility district, governmental agency, or municipal corporation, mutual association, or to any person, firm, or corporation, inside or outside
its corporate limits, and to purchase electric energy therefrom. [1965 c 7 § 35.84.010. Prior: 1933 c 51 § 1; RRS §
9209-1.]
35.84.010
Reduced utility rates for low-income senior citizens and other low-income
citizens: RCW 74.38.070.
35.84.020 Electric energy facilities—Right to
acquire. Every city or town owning its own electric power
and light plant may acquire, construct, purchase, condemn
and purchase, own, operate, control, add to and maintain
lands, easements, rights-of-way, franchises, distribution systems, substations, inter-tie or transmission lines, to enable it
to use, purchase, sell, and dispose of electric energy inside or
outside its corporate limits, or to connect its electric plant
with any other electric plant or system, or to connect parts of
its own electric system. [1965 c 7 § 35.84.020. Prior: 1933 c
51 § 2; RRS § 9209-2.]
35.84.020
(2010 Ed.)
35.84.050 Firefighter injured outside corporate limits. Whenever a firefighter engages in any duty outside the
limits of such municipality, such duty shall be considered as
part of his or her duty as firefighter for the municipality, and
a firefighter who is injured while engaged in such duties outside the limits of the municipality shall be entitled to the same
benefits that he or she or his or her family would be entitled
to receive had he or she been injured within the municipality.
[2009 c 549 § 2127; 1965 c 7 § 35.84.050. Prior: 1941 c 96
§ 2; Rem. Supp. 1941 § 9563-1.]
35.84.050
35.84.060 Street railway extensions. Every municipal
corporation which owns or operates an urban public transportation system as defined in RCW 47.04.082 within its corporate limits may acquire, construct, extend, own, or operate
such urban public transportation system to any point or points
not to exceed fifteen miles outside of its corporate limits:
PROVIDED, That no municipal corporation shall extend its
urban public transportation system beyond its corporate limits to operate in any territory already served by a privately
operated auto transportation company holding a certificate of
public convenience and necessity from the utilities and transportation commission.
As a condition of receiving state funding, the municipal
corporation shall submit a maintenance management plan for
certification by the transportation commission or its successor entity. The plan must inventory all transportation system
assets within the direction and control of the municipality,
35.84.060
[Title 35 RCW—page 291]
Chapter 35.85
Title 35 RCW: Cities and Towns
and provide a preservation plan based on lowest life-cycle
cost methodologies. [2003 c 363 § 302; 1969 ex.s. c 281 §
26; 1965 c 7 § 35.84.060. Prior: 1919 c 138 § 1; 1917 c 59 §
1; RRS § 9213.]
Finding—Intent—2003 c 363: "The legislature finds that roads,
streets, bridges, and highways in the state represent public assets worth over
one hundred billion dollars. These investments require regular maintenance
and preservation, or rehabilitation, to provide cost-effective transportation
services. Many of these facilities are in poor condition. Given the magnitude of public investment and the importance of safe, reliable roadways to
the motoring public, the legislature intends to create stronger accountability
to ensure that cost-effective maintenance and preservation is provided for
these transportation facilities." [2003 c 363 § 301.]
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.
Chapter 35.85
Chapter 35.85 RCW
VIADUCTS, ELEVATED ROADWAYS,
TUNNELS AND SUBWAYS
Sections
35.85.010
35.85.020
35.85.030
35.85.040
35.85.050
35.85.060
35.85.070
35.85.080
Authority to construct viaducts, bridges, elevated roadways,
etc.
Assessment district—Resolution—Hearing—Ordinance
ordering improvement.
Limit of assessment—Lien—Priority.
Operation by city—Leases—Use of income.
Authority to construct tunnels and subways.
Procedure.
Assessments—Bonds.
Construction of chapter.
35.85.010 Authority to construct viaducts, bridges,
elevated roadways, etc. Any city of the first class shall have
power to provide for the construction, maintenance and operation upon public streets and upon the extensions and connections thereof over intervening tidelands to and across any
harbor reserves, waterways, canals, rivers, natural watercourses and other channels, any bridges, drawbridges, viaducts, elevated roadways and tunnels or any combination
thereof together with all necessary approaches thereto, with
or without street railway tracks thereon or therein, and to
make any and all necessary cuts, fills, or other construction,
upon, in, or along such streets and approaches as a part of any
such improvement, and to order any and all work to be done
which shall be necessary to complete any such improvement.
The word "approaches" as used in this section shall include
any arterial highway or highways or streets connecting with
any such bridge, drawbridge, viaduct, elevated roadway or
tunnel, or combination thereof, which are necessary to give
convenient access thereto or therefrom from any portion of
the improvement district which may be specially benefited by
such improvement and which is liable to assessment for such
improvement.
Whenever it is desired to pay the whole or any portion of
the cost and expense of any such improvement by special
assessments, the council or other legislative body of such city
shall in the ordinance ordering such improvement fix and
establish the boundaries of the improvement district, the
property within which is to bear such assessment, which district shall include as near as may be, all the property specially
benefited by such improvement. [1965 c 7 § 35.85.010.
Prior: 1911 c 103 § 1; 1909 ex.s. c 14 § 1; RRS § 9001.]
35.85.010
First-class cities, generally: Chapter 35.22 RCW.
[Title 35 RCW—page 292]
35.85.020
35.85.020 Assessment district—Resolution—Hearing—Ordinance ordering improvement. Any such
improvement may be initiated by the city council, or other
legislative body, by a resolution, declaring its intention to
order such improvement, which resolution shall set forth the
nature and territorial extent of such proposed improvement,
shall specify and describe the boundaries of the proposed
improvement district and notify all persons who may desire
to object thereto to appear and present such objections at a
meeting of the council specified in such resolution and directing the board of public works, or other proper board, officer,
or authority of the city, to submit to such council at or prior to
the date fixed for such hearing the estimated cost and expense
of the improvement, and a statement of the proportionate
amount thereof which should be borne by the property within
the proposed improvement district, and a statement of the
aggregate assessed valuation of the real property exclusive of
improvements, within said district, according to the valuation
last placed upon it for purposes of general taxation. Such resolution shall be published in at least two consecutive issues of
the official newspaper of the city, the date of the first publication to be at least thirty days prior to the date fixed by the resolution for hearing before the council.
Upon such hearing, or upon any adjournment thereof, the
council shall have power to amend, change, extend, or contract the boundaries of the proposed improvement district as
specified in the resolution, and to consider and determine all
matters in relation to the proposed improvement, and, upon
the conclusion of the hearing, or any adjournment thereof,
shall have power by ordinance to order the improvement to
be made and to adopt, fix and establish the boundaries of the
improvement district. The action of such council in ordering
such improvement, or in abandoning it, and in fixing and
establishing the boundaries of the improvement district shall
be final and conclusive. Any such ordinance may be passed
upon majority vote of the council or other legislative body of
the city.
Such ordinance may provide for the construction of the
improvement in sections, the letting of separate contracts for
each such section, and, in case the same is made in sections,
separate assessment rolls to defray the cost and expense of
any such section of such improvement may be prepared, and
the amounts thereon appearing as finally determined, may be
levied and assessed against real property within the improvement district. The provisions of law, charter and ordinance of
any such city, relating to supplemental assessments, reassessments and omitted property shall be applicable to any
improvement authorized in this chapter.
The city council, or other legislative body of such city,
shall by general ordinance, make provision for hearing any
objections in writing, to any assessment roll for such
improvement, filed with the city clerk or comptroller at a
prior date to the hearing thereon. Any right of appeal to the
superior court provided by law to be taken from any local
improvement assessment levied and assessed by any such
city, may be exercised, within the time and in the manner
therein provided, by any person so objecting to any assessment levied and assessed for any improvement authorized in
this chapter. [1965 c 7 § 35.85.020. Prior: 1911 c 103 § 2;
1909 ex.s. c 14 § 2; RRS § 9002.]
(2010 Ed.)
Viaducts, Elevated Roadways, Tunnels and Subways
Appeal from local improvement district assessments: RCW 35.44.200
through 35.44.270.
35.85.030 Limit of assessment—Lien—Priority. The
city council may prescribe by general ordinance, the mode
and manner in which the charge upon property in such local
improvement district shall be assessed and determined for the
purpose of paying the cost and expense of establishing and
constructing such improvement: PROVIDED, That no
assessment shall be levied on any such district, the aggregate
of which is a greater sum than twenty-five percent of the
assessed value of all the real property in such district according to the last equalized assessment thereof for general taxation: PROVIDED FURTHER, That there shall be, in all
cases, an opportunity for a hearing upon objections to the
assessment roll by the parties affected thereby, before the
council as a board of equalization, which hearing shall be
after publication of a reasonable notice thereof, such notice to
be published in such manner and for such time as may be prescribed by ordinance. At such hearing, or at legal adjournments thereof, such changes may be made in the assessment
roll as the city council may find necessary to make the same
just and equitable. Railroad rights-of-way shall be assessed
for such benefits as shall inure or accrue to the owners, lessees, or operators of the same, resulting or to result from the
construction and maintenance of any such improvement,
whether such rights-of-way lie within the limits of any street
or highway or not; such assessment to lie against the franchise rights when such right-of-way is within such street or
highway.
When the assessment roll has been finally confirmed by
the city council, the charges therein made shall be and
become a lien against the property or franchise therein
described, paramount to all other liens (except liens for
assessments and taxes) upon the property assessed from the
time the assessment roll shall be placed in the hands of the
collector. [1965 c 7 § 35.85.030. Prior: 1909 ex.s. c 14 § 3;
RRS § 9003.]
35.85.030
35.85.040 Operation by city—Leases—Use of
income. As a part of the original construction of any
improvement herein authorized, or afterward as an alteration
or renewal thereof, any such city, notwithstanding any charter provision to the contrary, may, at its own cost, construct,
maintain and operate street railway tracks in the roadway
thereof, and may provide electric power for the propulsion of
cars, and may lease the use of such tracks and power for the
operation of streetcars or interurban railways; or such city
may authorize any operator of the street or interurban railways to construct and furnish such street railway tracks and
electric power and use the same for street or interurban purposes, under lease or franchise ordinance: PROVIDED, That
no such lease or franchise shall be exclusive, but shall at all
times reserve the right to the city to permit other lines of
street or interurban railway to use such street railway tracks
in common with any preceding lessee or grantee, upon equal
terms. The rate of lease or use of such street railway tracks for
streets or interurban cars shall be as fixed by the legislative
authority of the city, but shall not be less than one mill for
each passenger carried, or ten cents for each freight car
moved over such improvement. The income from such
35.85.080
charges, rental and leasing shall be used wholly for the maintenance, repair and betterment of said improvement and the
extinguishment of any debt incurred by the city in constructing it. [1965 c 7 § 35.85.040. Prior: 1909 ex.s. c 14 § 4; RRS
§ 9004.]
35.85.050
35.85.050 Authority to construct tunnels and subways. Any city of the first class shall have power to provide
for the construction, maintenance and operation within such
city of tunnels, subways, or both, with or without roadways,
sidewalks, street railway tracks or any combination thereof
therein, together with all necessary approaches thereto; and to
order any and all work to be done which shall be necessary to
complete any such improvement. The word "approaches," as
used in this section, shall include any arterial highway or
highways or streets connecting with any such tunnel or subway which may be necessary to give convenient access
thereto or therefrom from any portion of the improvement
district which may be specially benefited by such improvement, and which is liable to assessment for such improvement.
Whenever it is desired to pay the whole or any portion of
the cost and expense of any such improvement by special
assessments, the council or other legislative body of such city
shall, in the ordinance ordering such improvement, fix and
establish the boundaries of the improvement district, the
property in which is to bear such assessment, which district
shall include as near as may be all the property specially benefited by such improvement. [1965 c 7 § 35.85.050. Prior:
1925 ex.s. c 168 § 1; RRS § 9005-1.]
35.85.060
35.85.060 Procedure. Any such improvement may be
initiated and assessments therefor determined and levied as
prescribed in RCW 35.85.020 to 35.85.040, inclusive. [1965
c 7 § 35.85.060. Prior: 1925 ex.s. c 168 § 2; RRS § 9005-2.]
35.85.040
(2010 Ed.)
35.85.070
35.85.070 Assessments—Bonds. Any assessments so
levied shall be collected, and bonds may be issued for the
payment of the whole or any part of the cost of such improvement, in the manner now or hereafter provided for the collection of assessments and the issuance of bonds for other local
improvements. [1965 c 7 § 35.85.070. Prior: 1925 ex.s. c
168 § 3; RRS § 9005-3.]
35.85.080
35.85.080 Construction of chapter. The provisions
and remedies provided by this chapter are cumulative of
existing provisions and remedies, and nothing herein contained shall be held to repeal any provision of the existing law
or of any charter of any city upon the subject matter thereof,
but such existing law or charter provision shall continue in
full force and effect, and it shall be optional with the city
authorities to proceed under either such existing law, charter
provision or this chapter. [1965 c 7 § 35.85.080. Prior: (i)
1909 ex.s. c 14 § 5; RRS § 9005. (ii) 1925 ex.s. c 168 § 4;
RRS § 9005-4.]
[Title 35 RCW—page 293]
Chapter 35.86
Chapter 35.86
Title 35 RCW: Cities and Towns
Chapter 35.86 RCW
OFF-STREET PARKING FACILITIES
Sections
35.86.010
35.86.020
35.86.030
35.86.040
35.86.045
35.86.050
35.86.060
35.86.080
35.86.910
Space and facilities authorized.
Financing.
Acquisition and disposition of real property.
Operation—Leasing.
Operation of parking facilities by cities prohibited, exception—Bid requirements and procedure.
Procedure to establish—Plan, surveys, hearings.
Maximum parking fee schedule.
Leasing for store space in lieu of undesirable off-street parking
facility.
Chapter prevails over inconsistent laws.
35.86.010 Space and facilities authorized. Cities of
the first and second classes are authorized to provide offstreet parking space and facilities located on land dedicated
for park or civic center purposes, or on other municipallyowned land where the primary purpose of such off-street
parking facility is to provide parking for persons who use
such park or civic center facilities. In addition a city may own
other off-street parking facilities and operate them in accordance with RCW 35.86A.120. [1997 c 361 § 16; 1975 1st
ex.s. c 221 § 1; 1967 ex.s. c 144 § 13; 1965 c 7 § 35.86.010.
Prior: 1961 c 186 § 1; 1959 c 302 § 1.]
35.86.010
Off-street parking space and facilities in towns: RCW 35.27.550 through
35.27.600.
Public parks in or beneath off-street parking space or facilities—Revenue
bond financing—Special funds—Use of off-street and on-street parking
revenues: RCW 35.41.010.
Additional notes found at www.leg.wa.gov
35.86.020 Financing. In order to provide for off-street
parking space and/or facilities, such cities are authorized, in
addition to the powers already possessed by them for financing public improvements, to finance their acquisition and
construction through the issuance and sale of revenue bonds
or general obligation bonds or both. Any bonds issued by
such cities pursuant to this section shall be issued in the manner and within the limitations prescribed by the Constitution
and the laws of this state.
In addition local improvement districts may be created
and their financing procedures used for this purpose in accordance with the provisions of Title 35 RCW as now or hereafter amended.
Such cities may authorize and finance the economic and
physical surveys and plans, acquisition and construction, for
off-street parking spaces and facilities, and the maintenance
and management of such off-street parking spaces and facilities either within their general budget or by issuing revenue
bonds or general obligation bonds or both.
General obligation bonds issued hereunder may additionally be made payable from any otherwise unpledged revenue, fees or charges which may be derived from the ownership, operation, lease or license of off-street parking space or
facilities or which may be derived from the license of onstreet parking space.
Such cities may, in addition to utilizing the pledging revenues from off-street parking spaces and facilities, utilize and
pledge revenues from on-street parking meters in exercising
any of the powers provided by this chapter, including the
financing of economic and physical surveys and plans, acqui35.86.020
[Title 35 RCW—page 294]
sition, and construction, for off-street parking facilities, the
maintenance and management thereof, and for the payment
of debt service of revenue bonds issued therefor.
In the event revenue bonds are issued, such cities are
authorized to make such covenants pertaining to the continued maintenance of on-street and/or off-street parking spaces
and facilities and the fixing of rates and charges for the use
thereof as are deemed necessary to effectuate the sale of such
revenue bonds. [1969 ex.s. c 204 § 14; 1967 ex.s. c 144 § 14;
1965 c 7 § 35.86.020. Prior: 1961 c 186 § 2; 1959 c 302 § 2.]
Public parks in or beneath off-street parking space or facilities—Revenue
bond financing—Special funds—Use of off-street and on-street parking
revenues: RCW 35.41.010.
Additional notes found at www.leg.wa.gov
35.86.030 Acquisition and disposition of real property. Such cities are authorized to obtain by lease, purchase,
donation and/or gift, or by eminent domain in the manner
provided by law for the exercise of this power by cities, such
real property for off-street parking as the legislative bodies
thereof determine to be necessary by ordinance. Such property or any fraction or fractions thereof may be sold, transferred, exchanged, leased, or otherwise disposed of by the
city when its legislative body has determined by ordinance
such property or fraction or fractions thereof is no longer necessary for off-street parking purposes. [1965 c 7 § 35.86.030.
Prior: 1961 c 186 § 3; 1959 c 302 § 3.]
35.86.030
Eminent domain by cities: Chapter 8.12 RCW.
35.86.040 Operation—Leasing. Such cities are authorized to establish the method of operation of off-street parking space and/or facilities by ordinance, which may include
leasing or municipal operation. [1975 1st ex.s. c 221 § 2;
1969 ex.s. c 204 § 13; 1965 c 7 § 35.86.040. Prior: 1959 c
302 § 4.]
35.86.040
Additional notes found at www.leg.wa.gov
35.86.045 Operation of parking facilities by cities
prohibited, exception—Bid requirements and procedure.
See RCW 35.86A.120.
35.86.045
35.86.050 Procedure to establish—Plan, surveys,
hearings. In the establishment of off-street parking space
and/or facilities, cities shall proceed with the development of
the plan therefor by making such economic and physical surveys as are necessary, shall prepare comprehensive plans
therefor, and shall hold a public hearing thereon prior to the
adoption of any ordinances relating to the leasing or acquisition of property and providing for the financing thereof for
this purpose. [1965 c 7 § 35.86.050. Prior: 1959 c 302 § 5.]
35.86.050
35.86.060 Maximum parking fee schedule. The lease
referred to in RCW 35.86.040 shall specify a schedule of
maximum parking fees which the operator may charge. This
maximum parking fee schedule may be modified from time
to time by agreement of the city and the operator. [1965 c 7
§ 35.86.060. Prior: 1959 c 302 § 6.]
35.86.060
35.86.080 Leasing for store space in lieu of undesirable off-street parking facility. Cities are expressly autho35.86.080
(2010 Ed.)
Off-Street Parking—Parking Commissions
rized to lease space which would otherwise be wasted in an
off-street parking facility for store space, both for the
enhancement of civic beauty and aesthetic values and for revenue which such leasing can provide. [1965 c 7 § 35.86.080.
Prior: 1961 c 186 § 4.]
35.86.910 Chapter prevails over inconsistent laws.
Insofar as the provisions of this chapter are inconsistent with
the provisions of any other law, the provisions of this chapter
shall be controlling. [1965 c 7 § 35.86.910. Prior: 1959 c 302
§ 9.]
35.86.910
Chapter 35.86A
Chapter 35.86A RCW
OFF-STREET PARKING—
PARKING COMMISSIONS
Sections
35.86A.010
35.86A.020
35.86A.030
35.86A.040
35.86A.050
35.86A.060
35.86A.070
35.86A.080
35.86A.090
35.86A.100
35.86A.110
35.86A.120
Declaration.
Authority of cities of first and second class to establish parking facilities through parking commissions.
Definitions.
Ownership, control, and use of parking facilities.
Parking commission—Creation authorized—Purpose—
Membership—Terms—Vacancies—Expenses.
Parking commission—Chair—Rules—Resolutions.
Powers and authority of parking commission.
New off-street parking facilities—Powers of parking commission and city council.
Powers of cities.
Disposition of revenues—Expenditure procedure.
Excise tax to reimburse taxing authorities for loss of property
tax revenue.
Operation of parking facilities—Bid requirements and procedure.
35.86A.010 Declaration. It is hereby determined and
declared:
(1) The free circulation of traffic of all kinds through our
cities is necessary to the health, safety and general welfare of
the public, whether residing in, traveling to or through the cities of this state;
(2) The most efficient use of the street and highway system requires availability of strategically located parking for
vehicles in localities where large numbers of persons congregate;
(3) An expanding suburban population has increased
demands for further concentration of uses in central metropolitan areas, necessitating an increasing investment in
streets and highways;
(4) On-street parking is now inadequate, and becomes
increasingly an inefficient and uneconomical method for
temporary storage of vehicles in commercial, industrial and
high-density residential areas, causing such immediate
adverse consequences as the following, among others:
(a) Serious traffic congestion from on-street parking,
which interferes with use of streets for travel, disrupts public
surface transportation at peak hours, impedes rapid and effective fighting of fires and disposition of police forces, slows
emergency vehicles, and inflicts hardship upon handicapped
persons and others dependent upon private vehicles for transportation;
(b) On-street parking absorbs right-of-way useful and
usable for travel;
35.86A.010
(2010 Ed.)
35.86A.030
(c) On-street parking reduces the space available for
truck and passenger loading for the abutting properties, hinders ready access, and impedes cleaning of streets;
(d) Inability to temporarily store automobiles has discouraged the public from travel to and within our cities, from
congregating at public events, and from using public facilities.
(5) Insufficient off-street parking has had long-range
results, as the following, among others:
(a) Metropolitan street and highway systems have lost
efficiency and the free circulation of traffic and persons has
been impaired;
(b) The growth and development of metropolitan areas
has been retarded;
(c) Business, industry, and housing has become unnecessarily and uneconomically dispersed;
(d) Limited and valuable land area is under used.
All of which cause loss of payrolls, business and productivity, and property values, with resulting impairment of the
public health, safety and welfare, the utility of our streets and
highways, and tax revenues;
(6) Establishment of public off-street parking facilities
will promote the public health, safety, convenience, and welfare, by:
(a) Expediting the movement of the public, and of goods
in metropolitan areas, alleviating traffic congestion, and preserving the large investment in streets and highways;
(b) Permitting a greater use of public facilities, congregation of the public, and more intensive development of private property within the community;
(7) Establishment of public off-street parking is a necessary ancillary to and extension of an efficient street and highway system in metropolitan areas, as much so as a station or
terminal is to a railroad or urban transit line;
(8) Public off-street parking facilities, open to the public
and owned by a city or town, are and remain a public use and
a public function, irrespective of whether:
(a) Parking fees are charged to users;
(b) The management or operation of one or more parking
facilities is conducted by a public agency, or under contract
or lease by private enterprise; or
(c) A portion of the facilities is used for commercial,
store or automobile accessory purposes;
(9) Public parking facilities under the control of a parking commission are appropriately treated differently from
other parking facilities of a city. [1969 ex.s. c 204 § 1.]
Additional notes found at www.leg.wa.gov
35.86A.020 Authority of cities of first and second
class to establish parking facilities through parking commissions. Cities of the first and second class are authorized
and empowered to establish and maintain public off-street
parking facilities through a parking commission; the use of
property and property rights for such purpose is declared to
be a public use; and parking facilities under the control of
such parking commission shall be governed by the provisions
of this chapter. [1994 c 81 § 64; 1969 ex.s. c 204 § 2.]
35.86A.020
35.86A.030 Definitions. (1) "Parking facilities" means
lots, garages, parking terminals, buildings and structures and
35.86A.030
[Title 35 RCW—page 295]
35.86A.040
Title 35 RCW: Cities and Towns
accommodations for parking of motor vehicles off the street
or highway, open to public use, with or without charge.
(2) "Parking commission" shall mean the department or
agency created by the legislative authority of the municipality as hereinafter provided.
(3) "City council" shall mean the city council or legislative authority of the municipality.
(4) "Mayor" shall mean the chief executive officer of the
municipality. [1969 ex.s. c 204 § 3.]
35.86A.040 Ownership, control, and use of parking
facilities. Parking facilities established pursuant to this chapter shall be owned by the city, under the control of the parking commission (unless relinquished), and for the use of the
public. The provisions of chapter 35.86 RCW as now or hereafter amended shall not apply to such parking facilities or
other facilities under parking commission control. [1969
ex.s. c 204 § 4.]
35.86A.040
35.86A.050 Parking commission—Creation authorized—Purpose—Membership—Terms—Vacancies—
Expenses. Any city of the first or second class may by ordinance create a parking commission for the purpose of establishing and operating off-street parking facilities.
Such parking commission shall consist of five members
appointed by the mayor and confirmed by the city council,
who shall serve without compensation but may be reimbursed for necessary expenses. One member of the parking
commission shall be selected from among persons actively
engaged in the private parking industry, if available.
Three of those first appointed shall be designated to
serve for one, two, and three years respectively, and two shall
be designated to serve four years. The terms for all subsequently appointed members shall be four years. In event of
any vacancy, the mayor, subject to confirmation of the city
council, shall make appointments to fill the unexpired portion
of the term.
A member may be reappointed, and shall hold office
until his or her successor has been appointed and has qualified. Members may be removed by the mayor upon consent
of the city council. [1994 c 81 § 65; 1969 ex.s. c 204 § 5.]
35.86A.050
35.86A.060 Parking commission—Chair—Rules—
Resolutions. The parking commission shall select from its
members a chair, and may establish its own rules, regulations
and procedures not inconsistent with this chapter. No resolution shall be adopted by the parking commission except upon
the concurrence of at least three members. [2009 c 549 §
2128; 1969 ex.s. c 204 § 6.]
35.86A.060
35.86A.070 Powers and authority of parking commission. The parking commission is authorized and empowered, in the name of the municipality by resolution to:
(1) Own and acquire property and property rights by purchase, gift, devise, or lease for the construction, maintenance,
or operation of off-street parking facilities, or for effectuating
the purpose of this chapter; and accept grants-in-aid, including compliance with conditions attached thereto;
(2) Construct, maintain, and operate off-street parking
facilities located on land dedicated for park or civic center
35.86A.070
[Title 35 RCW—page 296]
purposes, or on other municipally-owned land where the primary purpose of such off-street parking facility is to provide
parking for persons who use such park or civic center facilities, and undertake research, and prepare plans incidental
thereto subject to applicable statutes and charter provisions
for municipal purchases, expenditures, and improvements;
and in addition may own other off-street parking facilities
and operate them in accordance with RCW 35.86A.120:
PROVIDED, That the provisions of chapter 35.86 RCW as
now or hereafter amended shall not apply to such construction, operation or maintenance;
(3) Establish and collect parking fees, require that
receipts be provided for parking fees, make exemption for
handicapped persons, lease space for commercial, store,
advertising or automobile accessory purposes, and regulate
prices and service charges, for use of and within and the
aerial space over parking facilities under its control;
(4) Subject to applicable city civil service provisions,
provide for the appointment, removal and control of officers
and employees, and prescribe their duties and compensation,
and to control all equipment and property under the commission’s jurisdiction;
(5) Contract with private persons and organizations for
the management and/or operation of parking facilities under
its control, and services related thereto, including leasing of
such facilities or portions thereof;
(6) Cause construction of parking facilities as a condition
of an operating agreement or lease, derived through competitive bidding, or in the manner authorized by chapter 35.42
RCW;
(7) Execute and accept instruments, including deeds,
necessary or convenient for the carrying on of its business;
acquire rights to develop parking facilities over or under city
property; and to contract to operate and manage parking facilities under the jurisdiction of other city departments or divisions and of other public bodies;
(8) Determine the need for and recommend to the city
council:
(a) The establishment of local improvement districts to
pay the cost of parking facilities or any part thereof;
(b) The issuance of bonds or other financing by the city
for construction of parking facilities;
(c) The acquisition of property and property rights by
condemnation from the public, or in street areas;
(9) Transfer its control of property to the city and liquidate its affairs, so long as such transfer does not contravene
any covenant or agreement made with the holders of bonds or
other creditors; and
(10) Require payment of the excise tax hereinafter provided.
Parking fees for parking facilities under the control of
the parking commission shall be maintained commensurate
with and neither higher nor lower than prevailing rates for
parking charged by commercial operators in the general area.
[1980 c 127 § 1; 1975 1st ex.s. c 221 § 3; 1969 ex.s. c 204 §
7.]
Additional notes found at www.leg.wa.gov
35.86A.080 New off-street parking facilities—Powers of parking commission and city council. (1) Whenever
35.86A.080
(2010 Ed.)
Off-Street Parking—Parking Commissions
the parking commission intends to construct new off-street
parking facilities it shall:
(a) Prepare plans for such proposed development, which
shall meet the approval of the planning commission, other
appropriate city planning agency, or city council;
(b) Prepare a report to the city council stating the proposed method of financing and property acquisition;
(c) Specify the property rights, if any, to be secured from
the public or of property devoted to public use; the uses of
streets necessary therefor, or realignment or vacation of
streets and alleys; the relocation of street utilities; and any
street area to be occupied or closed during construction.
(2) In the event the proposed parking facility shall
require:
(a) Creation of a local improvement district;
(b) Issuance of bonds, allocation or appropriation of
municipal revenues from other sources, or guarantees of or
use of the credit of the municipality;
(c) Exercise of the power of eminent domain; or
(d) Use of, or vacation, realignment of streets and alleys,
or relocation of municipal utilities.
One or more public hearings shall be held thereon before
the city council, or an assigned committee thereof, which
shall report its recommendations to be approved, revised, or
rejected by the city council. Such hearings may be consolidated with any required hearings for street vacations, or creation of a local improvement district. Pursuant to such hearing, the city council may:
(1) Create a local improvement district to finance all or
part of the parking facility, in accordance with Title 35 RCW,
as now existing or hereinafter amended: PROVIDED,
HOWEVER, That assessments against property within the
district may be measured per lot, per square foot, by property
valuation, or any other method as fairly reflects the special
benefits derived therefrom, and credit in calculating the
assessment may be allowed for property rights or services
performed;
(2) Provide for issuance of revenue bonds payable from
revenues of the proposed parking facility, from other offstreet parking facilities, on-street meter collections, or allocations of other sources of funds; issue general obligation
bonds; make reimbursable or nonrefundable appropriations
from the general fund, or reserves; and/or guarantee bonds
issued or otherwise pledge the city’s credit, all in such combination, and under such terms and conditions as the city
council shall specify;
(3) Authorize acquisition of the necessary property and
property rights by eminent domain proceedings, in the manner authorized by law for cities in Title 8 RCW: PROVIDED, That the city council shall first determine that the
proposed parking facility will promote the circulation of traffic or the more convenient or efficient use by the public of
streets or public facilities in the immediate area than would
exist if the proposed parking facility were not provided, or
that the parking facility otherwise enhances the public health,
safety and welfare; and
(4) Authorize and execute the necessary transfer or control of property rights; vacate or realign streets and alleys or
permit uses within the same; and direct relocation of street
utilities.
(2010 Ed.)
35.86A.120
In event none of the four above powers need be exercised, the city council’s approval of construction plans shall
be deemed full authority to construct and complete the parking facility. [1969 ex.s. c 204 § 8.]
35.86A.090 Powers of cities. The city may:
(1) Transfer control of off-street parking facilities under
other departments to the parking commission under such conditions as deemed appropriate;
(2) Issue revenue bonds pursuant to chapter 35.41 RCW,
and RCW *35.24.305, and 35.81.100 as now or hereafter
amended, and such other statutes as may authorize such
bonds for parking facilities authorized herein;
(3) Issue general obligation bonds pursuant to chapters
39.44, 39.52 RCW, and RCW 35.81.115 as now or hereafter
amended, and such other statutes and applicable provisions of
the state Constitution that may authorize such bonds for parking facilities authorized herein;
(4) Appropriate funds for the parking commission; and
(5) Enact such ordinances as may be necessary to carry
out the provisions of this chapter, notwithstanding any charter provisions to the contrary. [1969 ex.s. c 204 § 9.]
35.86A.090
*Reviser’s note: RCW 35.24.305 was recodified as RCW 35.23.454
pursuant to 1994 c 81 § 90.
35.86A.100 Disposition of revenues—Expenditure
procedure. All revenues received shall be paid to the municipal treasurer for the credit of the general fund, or such other
funds as may be provided by ordinance.
Expenditures of the parking commission shall be made
in accordance with the budget adopted by the municipality
pursuant to chapter 35.32A RCW. [1969 ex.s. c 204 § 10.]
35.86A.100
35.86A.110 Excise tax to reimburse taxing authorities for loss of property tax revenue. Such cities shall pay
to the county treasurer an annual excise tax equal to the
amount which would be paid upon real property devoted to
the purpose of off-street parking, were it in private ownership. This section shall apply to parking facilities acquired
and/or operated under this chapter. The proceeds of such
excise tax shall be allocated by the county treasurer to the
various taxing authorities in which such property is situated,
in the same manner as though the property were in private
ownership. [1969 ex.s. c 204 § 11.]
35.86A.110
35.86A.120 Operation of parking facilities—Bid
requirements and procedure. Except for off-street parking
facilities situated on real property leased or rented to a city
and not used for park and civic center parking, cities may
operate off-street parking facilities with city forces. Leased or
rented off-street parking facilities shall be operated by
responsible, experienced private operators of such facilities.
The call for bids shall specify the terms and conditions under
which the facility will be leased for private operation. The
call for bids shall specify the time and place at which the bids
will be received and the time and when the same will be
opened, and such call shall be advertised once a week for two
successive weeks before the time fixed for the filing of bids
in a newspaper of general circulation in the city. If no bid is
received for the operation of such an off-street parking facil35.86A.120
[Title 35 RCW—page 297]
Chapter 35.87A
Title 35 RCW: Cities and Towns
ity, or if the bids received are not satisfactory, the legislative
body of the city may reject such bids and shall readvertise the
facility for lease. In the event that no bids or no satisfactory
bids shall have been received following the second advertising, the city may negotiate with a private operator for the
operation of the facility without competitive bidding. In the
event the city shall be unable to negotiate for satisfactory private operation within a reasonable time, the city may operate
the facility for a period not to exceed three years, at which
time it shall readvertise as provided above in this section.
[1980 c 127 § 2; 1975 1st ex.s. c 221 § 4; 1969 ex.s. c 204 §
12.]
Additional notes found at www.leg.wa.gov
Chapter 35.87A RCW
PARKING AND BUSINESS IMPROVEMENT AREAS
(e) Providing professional management, planning, and
promotion for the area, including the management and promotion of retail trade activities in the area;
(f) Providing maintenance and security for common,
public areas; or
(g) Providing transportation services for the benefit of
the area.
(2) To levy special assessments on all businesses and
multifamily residential or mixed-use projects within the area
and specially benefited by a parking and business improvement area to pay in whole or in part the damages or costs
incurred therein as provided in this chapter. [2005 c 178 § 1;
2000 c 201 § 1; 1993 c 429 § 1; 1985 c 128 § 1; 1981 c 279 §
1; 1971 ex.s. c 45 § 1.]
Chapter 35.87A
Sections
35.87A.010
35.87A.020
35.87A.030
35.87A.040
35.87A.050
35.87A.060
35.87A.070
35.87A.075
35.87A.080
35.87A.090
35.87A.100
35.87A.110
35.87A.120
35.87A.130
35.87A.140
35.87A.150
35.87A.160
35.87A.170
35.87A.180
35.87A.190
35.87A.200
35.87A.210
35.87A.220
35.87A.900
Authorized—Purposes—Special assessments.
Definitions.
Initiation petition or resolution—Contents.
Resolution of intention to establish—Contents—Hearing.
Notice of hearing.
Hearings.
Change of boundaries.
Modification of boundaries.
Special assessments—Legislative authority may make reasonable classifications—Assessments for separate purposes.
Special assessments—Same basis or rate for classes not
required—Factors as to parking facilities.
Ordinance to establish—Adoption—Contents.
Use of revenue—Contracts to administer operation of area.
Use of assessment proceeds restricted.
Collection of assessments.
Changes in assessment rates.
Benefit zones—Authorized—Rates.
Benefit zones—Establishment, modification and disestablishment of area provisions and procedure to be followed.
Exemption period for new businesses and projects.
Disestablishment of area—Hearing.
Disestablishment of area—Assets and liabilities.
Bids required—Monetary amount.
Computing cost of improvement for bid requirement.
Existing laws not affected—Chapter supplemental—Purposes
may be accomplished in conjunction with other methods.
Severability—1971 ex.s. c 45.
Assessments and charges against state lands: Chapter 79.44 RCW.
35.87A.010 Authorized—Purposes—Special assessments. To aid general economic development and neighborhood revitalization, and to facilitate the cooperation of merchants, businesses, and residential property owners which
assists trade, economic viability, and liveability, the legislature hereby authorizes all counties and all incorporated cities
and towns, including unclassified cities and towns operating
under special charters:
(1) To establish, after a petition submitted by the operators responsible for sixty percent of the assessments by businesses and multifamily residential or mixed-use projects
within the area, parking and business improvement areas,
hereafter referred to as area or areas, for the following purposes:
(a) The acquisition, construction or maintenance of parking facilities for the benefit of the area;
(b) Decoration of any public place in the area;
(c) Sponsorship or promotion of public events which are
to take place on or in public places in the area;
(d) Furnishing of music in any public place in the area;
35.87A.010
[Title 35 RCW—page 298]
35.87A.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Business" means all types of business, including
professions.
(2) "Legislative authority" means the legislative authority of any city or town including unclassified cities or towns
operating under special charters or the legislative authority of
any county.
(3) "Multifamily residential or mixed-use project" means
any building or buildings containing four or more residential
units or a combination of residential and commercial units,
whether title to the entire property is held in single or undivided ownership or title to individual units is held by owners
who also, directly or indirectly through an association, own
real property in common with the other unit owners.
(4) "Residential operator" means the owner or operator
of a multifamily residential or mixed-use project if title is
held in single or undivided ownership, or, if title is held in a
form of common interest ownership, the association of unit
owners, condominium association, homeowners’ association,
property owners’ association, or residential cooperative corporation. [1993 c 429 § 2; 1971 ex.s. c 45 § 2.]
35.87A.020
35.87A.030 Initiation petition or resolution—Contents. For the purpose of establishing a parking and business
improvement area, an initiation petition may be presented to
the legislative authority having jurisdiction of the area in
which the proposed parking and business improvement area
is to be located or the legislative authority may by resolution
initiate a parking and business improvement area. The initiation petition or resolution shall contain the following:
(1) A description of the boundaries of the proposed area;
(2) The proposed uses and projects to which the proposed special assessment revenues shall be put and the total
estimated cost thereof;
(3) The estimated rate of levy of special assessment with
a proposed breakdown by class of business and multifamily
residential or mixed-use project if such classification is to be
used.
The initiating petition shall also contain the signatures of
the persons who operate businesses and residential operators
in the proposed area which would pay fifty percent of the proposed special assessments. [1993 c 429 § 3; 1971 ex.s. c 45
§ 3.]
35.87A.030
(2010 Ed.)
Parking and Business Improvement Areas
35.87A.040 Resolution of intention to establish—
Contents—Hearing. The legislative authority, after receiving a valid initiation petition or after passage of an initiation
resolution, shall adopt a resolution of intention to establish an
area. The resolution shall state the time and place of a hearing
to be held by the legislative authority to consider establishment of an area and shall restate all the information contained
in the initiation petition or initiation resolution regarding
boundaries, projects and uses, and estimated rates of assessment. [1971 ex.s. c 45 § 4.]
35.87A.040
35.87A.050 Notice of hearing. Notice of a hearing held
under the provisions of this chapter shall be given by:
(1) One publication of the resolution of intention in a
newspaper of general circulation in the city; and
(2) Mailing a complete copy of the resolution of intention to each business and multifamily residential or mixeduse project in the proposed, or established, area. Publication
and mailing shall be completed at least ten days prior to the
time of the hearing. [1993 c 429 § 4; 1971 ex.s. c 45 § 5.]
35.87A.050
35.87A.060
35.87A.060 Hearings. Whenever a hearing is held
under this chapter, the legislative authority shall hear all protests and receive evidence for or against the proposed action.
The legislative authority may continue the hearing from time
to time. Proceedings shall terminate if protest is made by
businesses and residential operators in the proposed area
which would pay a majority of the proposed special assessments. [1993 c 429 § 5; 1971 ex.s. c 45 § 6.]
35.87A.070
35.87A.070 Change of boundaries. If the legislative
authority decides to change the boundaries of the proposed
area, the hearing shall be continued to a time at least fifteen
days after such decision and notice shall be given as prescribed in RCW 35.87A.050, showing the boundary amendments, but no resolution of intention is required. [1971 ex.s.
c 45 § 7.]
35.87A.075 Modification of boundaries. (1) The legislative authority may modify the boundaries of a parking and
business improvement area by ordinance, adopted after a
hearing before the legislative authority. The legislative
authority may modify an area either by expanding or reducing the existing boundaries. If the modification to the boundaries is to expand existing boundaries, the expansion area
must be adjacent to an existing boundary. A modification to
an existing boundary may occur no more than once per year
and may not affect an area with a projected assessment fee
greater than ten percent of the current assessment role for the
existing area. If the modification of an area results in the
boundary being expanded, the assessments for the new area
shall be established pursuant to RCW 35.87A.080 and
35.87A.090 and any other applicable provision of this chapter.
(2) The legislative authority shall adopt a resolution of
intention to modify the boundaries of an area at least fifteen
days prior to the hearing required in subsection (1) of this
section. The resolution shall specify the proposed modification and shall give the time and place of the hearing. Notice
35.87A.075
(2010 Ed.)
35.87A.100
of the hearing shall be made in accordance with RCW
35.87A.050. [2002 c 69 § 1.]
35.87A.080
35.87A.080 Special assessments—Legislative authority may make reasonable classifications—Assessments for
separate purposes. For purposes of the special assessments
to be imposed pursuant to this chapter, the legislative authority may make a reasonable classification of businesses and
multifamily residential or mixed-use projects, giving consideration to various factors such as business and occupation
taxes imposed, square footage of the business, number of
employees, gross sales, or any other reasonable factor relating to the benefit received, including the degree of benefit
received from parking. Whenever it is proposed that a parking and business improvement area provide more than one of
the purposes listed in RCW 35.87A.010, special assessments
may be imposed in a manner that measures benefit from each
of the separate purposes, or any combination of the separate
purposes. Special assessments shall be imposed and collected
annually, or on another basis specified in the ordinance establishing the parking and business improvement area. [1993 c
429 § 6; 1985 c 128 § 2; 1981 c 279 § 2; 1971 ex.s. c 45 § 8.]
35.87A.090
35.87A.090 Special assessments—Same basis or rate
for classes not required—Factors as to parking facilities.
The special assessments need not be imposed on different
classes of business and multifamily residential or mixed-use
projects, as determined pursuant to RCW 35.87A.080, on the
same basis or the same rate. The special assessments imposed
for the purpose of the acquisition, construction or maintenance of parking facilities for the benefit of the area shall be
imposed on the basis of benefit determined by the legislative
authority after giving consideration to the total cost to be
recovered from the businesses and multifamily residential or
mixed-use projects upon which the special assessment is to
be imposed, the total area within the boundaries of the parking and business improvement area, the assessed value of the
land and improvements within the area, the total business
volume generated within the area and within each business,
and such other factors as the legislative authority may find
and determine to be a reasonable measure of such benefit.
[1993 c 429 § 7; 1971 ex.s. c 45 § 9.]
35.87A.100
35.87A.100 Ordinance to establish—Adoption—
Contents. If the legislative authority, following the hearing,
decides to establish the proposed area, it shall adopt an ordinance to that effect. This ordinance shall contain the following information:
(1) The number, date and title of the resolution of intention pursuant to which it was adopted;
(2) The time and place the hearing was held concerning
the formation of such area;
(3) The description of the boundaries of such area;
(4) A statement that the businesses and multifamily residential or mixed-use projects in the area established by the
ordinance shall be subject to the provisions of the special
assessments authorized by RCW 35.87A.010;
(5) The initial or additional rate or levy of special assessment to be imposed with a breakdown by classification of
[Title 35 RCW—page 299]
35.87A.110
Title 35 RCW: Cities and Towns
business and multifamily residential or mixed-use project, if
such classification is used; and
(6) A statement that a parking and business improvement
area has been established.
(7) The uses to which the special assessment revenue
shall be put. Uses shall conform to the uses as declared in the
initiation petition presented pursuant to RCW 35.87A.030.
[1993 c 429 § 8; 1971 ex.s. c 45 § 10.]
35.87A.110 Use of revenue—Contracts to administer
operation of area. The legislative authority of each city or
town or county shall have sole discretion as to how the revenue derived from the special assessments is to be used within
the scope of the purposes; however, the legislative authority
may appoint existing advisory boards or commissions to
make recommendations as to its use, or the legislative authority may create a new advisory board or commission for the
purpose.
The legislative authority may contract with a chamber of
commerce or other similar business association operating primarily within the boundaries of the legislative authority to
administer the operation of a parking and business improvement area, including any funds derived pursuant thereto:
PROVIDED, That such administration must comply with all
applicable provisions of law including this chapter, with all
county, city, or town resolutions and ordinances, and with all
regulations lawfully imposed by the state auditor or other
state agencies. [1971 ex.s. c 45 § 11.]
35.87A.110
35.87A.120 Use of assessment proceeds restricted.
The special assessments levied hereunder must be for the
purposes specified in the ordinances and the proceeds shall
not be used for any other purpose. [1971 ex.s. c 45 § 12.]
35.87A.120
35.87A.130 Collection of assessments. Collections of
assessments imposed pursuant to this chapter shall be made
at the same time and in the same manner as otherwise prescribed by Title 35 RCW or in such other manner as the legislative authority shall determine. [1971 ex.s. c 45 § 13.]
benefit zones based upon the degree of benefit derived from
the purpose and may impose a different rate of special assessment within each such benefit zone. [1971 ex.s. c 45 § 15.]
35.87A.160 Benefit zones—Establishment, modification and disestablishment of area provisions and procedure to be followed. All provisions of this chapter applicable to establishment or disestablishment of an area also apply
to the establishment, modification, or disestablishment of
benefit zones pursuant to *RCW 35.87A.150. The establishment or the modification of any such zone shall follow the
same procedure as provided for the establishment of a parking and business improvement area and the disestablishment
shall follow the same procedure as provided for disestablishment of an area. [1971 ex.s. c 45 § 16.]
35.87A.160
*Reviser’s note: "RCW 35.87A.150" has been translated from "section
13 of this act," as the reference to section 13, herein codified as RCW
35.87A.130, was apparently erroneous.
35.87A.170 Exemption period for new businesses
and projects. Businesses or multifamily residential or
mixed-use projects established after the creation of an area
within the area may be exempted from the special assessments imposed pursuant to this chapter for a period not
exceeding one year from the date they commenced business
in the area. [1993 c 429 § 10; 1971 ex.s. c 45 § 17.]
35.87A.170
35.87A.180 Disestablishment of area—Hearing. The
legislative authority may disestablish an area by ordinance
after a hearing before the legislative authority. The legislative
authority shall adopt a resolution of intention to disestablish
the area at least fifteen days prior to the hearing required by
this section. The resolution shall give the time and place of
the hearing. [1971 ex.s. c 45 § 18.]
35.87A.180
35.87A.130
35.87A.140 Changes in assessment rates. Changes
may be made in the rate or additional rate of special assessment as specified in the ordinance establishing the area, by
ordinance adopted after a hearing before the legislative
authority.
The legislative authority shall adopt a resolution of
intention to change the rate or additional rate of special
assessment at least fifteen days prior to the hearing required
by this section. This resolution shall specify the proposed
change and shall give the time and place of the hearing. Proceedings to change the rate or impose an additional rate of
special assessments shall terminate if protest is made by businesses or multifamily residential or mixed-use projects in the
proposed area which would pay a majority of the proposed
increase or additional special assessments. [1993 c 429 § 9;
1971 ex.s. c 45 § 14.]
35.87A.140
35.87A.150 Benefit zones—Authorized—Rates. The
legislative authority may, for each of the purposes set out in
RCW 35.87A.010, establish and modify one or more separate
35.87A.190 Disestablishment of area—Assets and
liabilities. Upon disestablishment of an area, any proceeds
of the special assessments, or assets acquired with such proceeds, or liabilities incurred as a result of the formation of
such area, shall be subject to disposition as the legislative
authority shall determine: PROVIDED, HOWEVER, Any
liabilities, either current or future, incurred as a result of
action taken to accomplish the purposes of RCW 35.87A.010
shall not be an obligation of the general fund or any special
fund of the city or town, but such liabilities shall be provided
for entirely from available revenue generated from the
projects or facilities authorized by RCW 35.87A.010 or from
special assessments on the property specially benefited
within the area. [1971 ex.s. c 45 § 19.]
35.87A.190
35.87A.200 Bids required—Monetary amount. Any
city or town or county authorized by this chapter to establish
a parking improvement area shall call for competitive bids by
appropriate public notice and award contracts, whenever the
estimated cost of such work or improvement, including cost
of materials, supplies and equipment, exceeds the sum of two
thousand five hundred dollars. [1971 ex.s. c 45 § 20.]
35.87A.200
35.87A.150
[Title 35 RCW—page 300]
35.87A.210 Computing cost of improvement for bid
requirement. The cost of the improvement for the purposes
35.87A.210
(2010 Ed.)
Water Pollution—Protection From
of this chapter shall be aggregate of all amounts to be paid for
the labor, materials and equipment on one continuous or
inter-related project where work is to be performed simultaneously or in near sequence. Breaking an improvement into
small units for the purposes of avoiding the minimum dollar
amount prescribed in RCW 35.87A.200 is contrary to public
policy and is prohibited. [1971 ex.s. c 45 § 21.]
35.87A.220 Existing laws not affected—Chapter supplemental—Purposes may be accomplished in conjunction with other methods. This chapter providing for parking
and business improvement areas shall not be deemed or construed to affect any existing act, or any part thereof, relating
to special assessments or other powers of counties, cities and
towns, but shall be supplemental thereto and concurrent
therewith.
The purposes and functions of parking and business
improvement areas as set forth by the provisions of this chapter may be accomplished in part by the establishment of an
area pursuant to this chapter and in part by any other method
otherwise provided by law, including provisions for local
improvements. [1971 ex.s. c 45 § 22.]
35.87A.220
35.87A.900 Severability—1971 ex.s. c 45. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not
affected. [1971 ex.s. c 45 § 23.]
35.87A.900
35.88.050
springs, streams, creeks, or tributaries constituting the
sources of supply whether they or any of them are within the
city or town limits or outside. [1965 c 7 § 35.88.010. Prior:
1907 c 227 § 1, part; 1899 c 70 § 1, part; RRS § 9473, part.]
35.88.020 Enforcement of ordinance—Special police.
Every city and town may by ordinance prescribe what acts
shall constitute offenses against the purity of its water supply
and the punishment or penalties therefor and enforce them.
The mayor of each city and town may appoint special police
officers, with such compensation as the city or town may fix,
who shall, after taking oath, have the powers of constables,
and who may arrest with or without warrant any person committing, within the territory over which any city or town is
given jurisdiction by this chapter, any offense declared by
law or by ordinance, against the purity of the water supply, or
which violate any rule or regulation lawfully promulgated by
the state board of health for the protection of the purity of
such water supply. Every special police officer whose
appointment is authorized herein may take any person
arrested for any such offense or violation before any court
having jurisdiction thereof to be proceeded with according to
law. Every such special police officer shall, when on duty
wear in plain view a badge or shield bearing the words "special police" and the name of the city or town by which he or
she has been appointed. [2007 c 218 § 70; 1965 c 7 §
35.88.020. Prior: 1907 c 227 § 1, part; 1899 c 70 § 1, part;
RRS § 9473, part.]
35.88.020
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
Chapter 35.88 RCW
WATER POLLUTION—PROTECTION FROM
Chapter 35.88
Sections
35.88.010
35.88.020
35.88.030
35.88.040
35.88.050
35.88.060
35.88.070
35.88.080
35.88.090
Authority over sources of supply.
Enforcement of ordinance—Special police.
Pollution declared to be a nuisance—Abatement.
Pollution as criminal nuisance—Punishment.
Prosecution—Trial—Abatement of nuisance.
Health officers and mayor must enforce.
Injunction proceeding.
Inland cities over one hundred thousand—Discharge of sewage and other discharges prohibited—Nuisance.
Inland cities over one hundred thousand—Investigation of disposal systems by secretary of social and health services.
Furnishing impure water: RCW 70.54.020.
Pollution of watershed or source of drinking water: RCW 70.54.010,
70.54.030.
Sewerage improvement districts: Chapter 85.08 RCW.
Water-sewer districts: Title 57 RCW.
35.88.010 Authority over sources of supply. For the
purpose of protecting the water furnished to the inhabitants of
cities and towns from pollution, cities and towns are given
jurisdiction over all property occupied by the works, reservoirs, systems, springs, branches and pipes, by means of
which, and of all the lakes, rivers, springs, streams, creeks, or
tributaries constituting the sources of supply from which the
cities and towns or the companies or individuals furnishing
water to the inhabitants thereof obtain their supply of water,
or store or conduct it, and over all property acquired for any
of the foregoing works or purposes or for the preservation
and protection of the purity of the water supply, and over all
property within the areas draining into the lakes, rivers,
35.88.010
(2010 Ed.)
35.88.030 Pollution declared to be a nuisance—
Abatement. The establishment or maintenance of any
slaughter pens, stock feeding yards, hogpens, or the deposit
or maintenance of any uncleanly or unwholesome substance,
or the conduct of any business or occupation, or the allowing
of any condition upon or sufficiently near the (1) sources
from which the supply of water for the inhabitants of any city
or town is obtained, or (2) where its water is stored, or (3) the
property or means through which the same may be conveyed
or conducted so that such water would be polluted or the
purity of such water or any part thereof destroyed or endangered, is prohibited and declared to be unlawful, and is
declared to constitute a nuisance, and may be abated as other
nuisances are abated. [1965 c 7 § 35.88.030. Prior: 1899 c 70
§ 2, part; RRS § 9474, part.]
35.88.030
35.88.040 Pollution as criminal nuisance—Punishment. Any person who does, establishes, maintains, or creates any of the things which have the effect of polluting any
such sources of water supply, or water, and any person who
does any of the things in RCW 35.88.030 declared to be
unlawful, shall be deemed guilty of creating and maintaining
a nuisance, and may be prosecuted therefor, and upon conviction thereof may be fined in any sum not exceeding five hundred dollars. [1965 c 7 § 35.88.040. Prior: 1899 c 70 § 2,
part; RRS § 9474, part.]
35.88.040
Nuisance: Chapter 9.66 RCW.
35.88.050 Prosecution—Trial—Abatement of nuisance. If upon the trial of any person for the violation of any
35.88.050
[Title 35 RCW—page 301]
35.88.060
Title 35 RCW: Cities and Towns
of the provisions of this chapter he or she is found guilty of
creating or maintaining a nuisance or of violating any of the
provisions of this chapter, he or she shall forthwith abate the
nuisance, and if he or she fails so to do within one day after
such conviction, unless further time is granted by the court, a
warrant shall be issued by the court wherein the conviction
was obtained, directed to the sheriff of the county in which
such nuisance exists and the sheriff shall forthwith proceed to
abate the said nuisance and the cost thereof shall be taxed
against the person so convicted as a part of the costs of such
case. [2009 c 549 § 2129; 1965 c 7 § 35.88.050. Prior: 1899
c 70 § 3; RRS § 9475.]
35.88.060
35.88.060 Health officers and mayor must enforce.
The city health officer, city physician, board of public health,
mayor, or any other officer, who has the sanitary condition of
the city or town in charge, shall see that the provisions of this
chapter are enforced and upon complaint being made to any
such officer of an alleged violation, he or she shall immediately investigate the said complaint and if the same appears to
be well founded he or she shall file a complaint against the
person or persons violating any of the provisions of this chapter and cause their arrest and prosecution. [2009 c 549 §
2130; 1965 c 7 § 35.88.060. Prior: 1899 c 70 § 4; RRS §
9476.]
35.88.070
35.88.070 Injunction proceeding. If any provision of
this chapter is being violated, the city or town supplied with
the water or a corporation owning waterworks for the purpose
of supplying the city or town or the inhabitants thereof with
water may, by civil action in the superior court of the proper
county, have the maintenance of the nuisance which pollutes
or tends to pollute the said water, enjoined and such injunction may be perpetual. [1965 c 7 § 35.88.070. Prior: 1899 c
70 § 5; RRS § 9477.]
35.88.080
35.88.080 Inland cities over one hundred thousand—
Discharge of sewage and other discharges prohibited—
Nuisance. Any city not located on tidewater, having a population of one hundred thousand or more, is hereby prohibited
from discharging, draining or depositing, or causing to be
discharged, drained or deposited, any sewage, garbage, feculent matter, offal, refuse, filth, or any animal, mineral, or vegetable matter or substance, offensive, injurious or dangerous
to health, into any springs, streams, rivers, lakes, tributaries
thereof, wells, or into any subterranean or other waters used
or intended to be used for human or animal consumption or
for domestic purposes.
Anything done, maintained, or suffered, in violation of
any of the provisions of this section, shall be deemed to be a
public nuisance, and may be summarily abated as such by
any court of competent jurisdiction at the suit of the secretary
of social and health services or any person whose supply of
water for human or animal consumption or for domestic purposes is or may be affected. [1979 c 141 § 40; 1965 c 7 §
35.88.080. Prior: (i) 1941 c 186 § 1; Rem. Supp. 1941 §
9354-1. (ii) 1941 c 186 § 3; Rem. Supp. 1941 § 9354-3.]
Nuisance: Chapter 9.66 RCW.
[Title 35 RCW—page 302]
35.88.090 Inland cities over one hundred thousand—
Investigation of disposal systems by secretary of social
and health services. The secretary of social and health services shall have the power, and it shall be his or her duty, to
investigate the system of disposal of sewage, garbage, feculent matter, offal, refuse, filth, or any animal, mineral, or vegetable matter or substance, by cities not located on tidewater,
having a population of one hundred thousand or more, and if
he or she shall determine upon investigation that any such
system or systems of disposal is or may be injurious or dangerous to health, he or she shall have the power, and it shall
be his or she duty, to order such city or cities to provide for,
construct, and maintain a system or systems of disposal
which will not be injurious or dangerous to health. [2009 c
549 § 2131; 1979 c 141 § 41; 1965 c 7 § 35.88.090. Prior:
1941 c 186 § 2; Rem. Supp. 1941 § 9354-2.]
35.88.090
Chapter 35.89
Chapter 35.89 RCW
WATER REDEMPTION BONDS
Sections
35.89.010
35.89.020
35.89.030
35.89.040
35.89.050
35.89.060
35.89.070
35.89.080
35.89.090
35.89.100
Authority to issue water redemption bonds.
Bonds—Terms—Execution—Rights of owner.
Bonds exchange—Subrogation.
Water redemption fund—Creation.
Water redemption fund—Sources.
Water redemption fund—Trust fund.
Payment of interest on bonds.
Payment of principal of bonds.
Violations—Penalties—Personal liability.
Water systems—What included.
Water-sewer districts: Title 57 RCW.
35.89.010 Authority to issue water redemption
bonds. If a public water system has been constructed within
any local improvement district of any city or town for the
construction of which bonds of the local improvement district
were issued and are outstanding and unpaid, and if the city or
town has taken over the system or is operating it as a public
utility or has incorporated it into or connected it with any system operated by city or town as a public utility, from the
operation of which such city or town derives a revenue, the
city or town may by resolution of its council authorize the
issue of bonds to an amount not exceeding the amount of the
local improvement bonds issued for the construction of the
water system then outstanding and unpaid with interest due
and unpaid, and may redeem the outstanding local improvement bonds by exchanging therefor an equal amount at par of
the bonds authorized by this chapter. The new bonds shall be
called water redemption bonds. [1965 c 7 § 35.89.010. Prior:
(i) 1929 c 85 § 1; 1923 c 52 § 1; RRS § 9154-1. (ii) 1923 c 52
§ 2, part; RRS § 9154-2, part.]
35.89.010
35.89.020 Bonds—Terms—Execution—Rights of
owner. (1) Water redemption bonds shall be in denominations of not more than one thousand nor less than one hundred dollars each, and shall bear interest at a rate or rates as
authorized by the city or town council, payable semiannually,
and shall bear a serial number and shall be signed by the
mayor of the city or town and shall be otherwise executed in
such manner and payable at such time and place not exceeding twenty years after the date of issue as the city or town
council shall determine and such bonds shall be payable only
35.89.020
(2010 Ed.)
Municipal Water and Sewer Facilities Act
out of the special fund created by authority of this chapter and
shall be a valid claim of the owner thereof only against that
fund and the fixed portion or amount of the revenues of the
water system pledged to the fund, and shall not constitute an
indebtedness of the city or town. Such bonds may be in any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 66; 1970 ex.s. c 56 § 46; 1969
ex.s. c 232 § 23; 1965 c 7 § 35.89.020. Prior: 1923 c 52 § 2,
part; RRS § 9154-2, part.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Chapter 35.91
standing and unpaid, shall be diverted to any other fund or
use: PROVIDED, That when both principal and interest on
all water redemption bonds issued and outstanding have been
paid, any unexpended balance remaining in the fund may be
transferred to the general fund or such other fund as the city
or town council may direct. [1965 c 7 § 35.89.060. Prior:
1923 c 52 § 8; RRS § 9154-8.]
35.89.070 Payment of interest on bonds. The treasurer
of such city or town shall pay the interest on the water
redemption bonds authorized by this chapter out of the
money in the water redemption fund. [1965 c 7 § 35.89.070.
Prior: 1923 c 52 § 6; RRS § 9154-6.]
35.89.070
Additional notes found at www.leg.wa.gov
35.89.080 Payment of principal of bonds. Whenever
there is sufficient money in the water redemption fund, over
and above the amount that will be required to pay the interest
on the bonds up to the time of maturity of the next interest
payment, to pay the principal of one or more bonds, the city
or town treasurer shall call in and pay such bonds. The bonds
shall be called and paid in their numerical order, and the call
shall be made by publication in the official newspaper of the
city or town. The call shall state the total amount and the
serial number or numbers of the bonds called and that they
will be paid on the date when the next semiannual payment of
interest will be due, and that interest on the bonds called will
cease from such date. [1965 c 7 § 35.89.080. Prior: 1923 c
52 § 7; RRS § 9154-7.]
35.89.080
35.89.030 Bonds exchange—Subrogation. Water
redemption bonds issued under the authority of this chapter
shall only be sold or disposed of in exchange for an equal
amount in par value of principal and interest of the local
improvement district bonds issued for the construction of
water systems taken over and operated by the city or town, or
incorporated into or connected with a water system operated
by it.
Upon the exchange of the water redemption bonds
authorized by this chapter for local improvement district
bonds the city or town shall be subrogated to all the rights of
the owners and holders of such local improvement district
bonds against the property of the local improvement district
and against any person or corporation liable thereon.
Any money derived by the city or town from the sale or
enforcement of such local improvement district bonds shall
be paid into the city’s water redemption fund. [1965 c 7 §
35.89.030. Prior: 1923 c 52 § 3; RRS § 9154-3.]
35.89.030
35.89.040 Water redemption fund—Creation. The
city or town council before issuing water redemption bonds
shall by ordinance establish a fund for the payment of the
bonds at maturity and of interest thereon as it matures to be
designated the water redemption fund. [1965 c 7 §
35.89.040. Prior: 1923 c 52 § 4; RRS § 9154-4.]
35.89.040
35.89.050 Water redemption fund—Sources. Every
city and town shall have power to regulate and control the use
and price of water supplied through a water system taken
over from a local improvement district.
It shall establish such rates and charges for the water as
shall be sufficient after providing for the operation and maintenance of the system to provide for the payment of the water
redemption bonds at maturity and of interest thereon as it
matures, and such portion shall be included in and collected
as a part of the charges made by such city or town for water
supplied through such water system and such portion shall be
paid into the water redemption fund. [1965 c 7 § 35.89.050.
Prior: 1923 c 52 § 5; RRS § 9154-5.]
35.89.050
35.89.060 Water redemption fund—Trust fund. All
moneys paid into or collected for the water redemption fund
shall be used for the payment of principal and interest of the
water redemption bonds issued under the authority of this
chapter and no part thereof while any of said bonds are out35.89.060
(2010 Ed.)
35.89.090 Violations—Penalties—Personal liability.
Every ordinance, resolution, order, or action of the council,
board, or officer of any city or town, and every warrant or
other instrument made, issued, passed or done in violation of
the provisions of this chapter shall be void.
Every officer, agent, employee, or member of the council of the city or town, and every person or corporation who
shall knowingly commit any violation of the provisions of
this chapter or knowingly aid in such violation, shall be liable
to the city or town for all money transferred, diverted or paid
out in violation thereof and such liability shall attach to and
be enforceable against the official bond, if any, of such official agent, employee, or member of the council. [1965 c 7 §
35.89.090. Prior: 1923 c 52 § 9; RRS § 9154-9.]
35.89.090
35.89.100 Water systems—What included. The term
"water system" as used in this chapter shall include and be
applicable to all reservoirs, storage and clarifying tanks, conduits, mains, laterals, pipes, hydrants and other equipment
used or constructed for the purpose of supplying water for
public or domestic use, and shall include not only water systems constructed by local improvement districts, but also any
system with which the same may be incorporated or connected. [1965 c 7 § 35.89.100. Prior: 1923 c 52 § 10; RRS §
9154-10.]
35.89.100
Chapter 35.91 RCW
MUNICIPAL WATER AND SEWER FACILITIES ACT
Chapter 35.91
Sections
35.91.010
Declaration of purpose—Short title.
[Title 35 RCW—page 303]
35.91.010
35.91.020
35.91.025
35.91.030
35.91.040
35.91.050
Title 35 RCW: Cities and Towns
Contracts with owners of real estate for water or sewer facilities—Reimbursement of costs by subsequent users—Contract requirements.
Extension outside city subject to review by boundary review
board.
Approval and acceptance of facilities by municipality—Rates,
costs.
Contract payment to be made prior to tap, connection, or use—
Removal of tap or connection.
Owner’s pro rata share of cost to which he or she did not contribute.
Water-sewer districts: Title 57 RCW.
35.91.010 Declaration of purpose—Short title. The
improvement of public health and the implementation of both
urban and rural development being furthered by adequate and
comprehensive water facilities and storm and sanitary sewer
systems, and there being a need for legislation enabling such
aids to the welfare of the state, there is hereby enacted the
"municipal water and sewer facilities act." [1965 c 7 §
35.91.010. Prior: 1959 c 261 § 1.]
35.91.010
35.91.020 Contracts with owners of real estate for
water or sewer facilities—Reimbursement of costs by
subsequent users—Contract requirements. (1)(a) Except
as provided under subsection (2) of this section, the governing body of any city, town, county, water-sewer district, or
drainage district, hereinafter referred to as a "municipality"
may contract with owners of real estate for the construction
of storm, sanitary, or combination sewers, pumping stations,
and disposal plants, water mains, hydrants, reservoirs, or
appurtenances, hereinafter called "water or sewer facilities,"
within their boundaries or (except for counties) within ten
miles from their corporate limits connecting with the public
water or sewerage system to serve the area in which the real
estate of such owners is located, and to provide for a period
of not to exceed twenty years for the reimbursement of such
owners and their assigns by any owner of real estate who did
not contribute to the original cost of such water or sewer
facilities and who subsequently tap onto or use the same of a
fair pro rata share of the cost of the construction of said water
or sewer facilities, including not only those directly connected thereto, but also users connected to laterals or
branches connecting thereto, subject to such reasonable rules
and regulations as the governing body of such municipality
may provide or contract, and notwithstanding the provisions
of any other law.
(b) If authorized by ordinance or contract, a municipality
may participate in financing the development of water or
sewer facilities development projects authorized by, and in
accordance with, (a) of this subsection. Unless otherwise
provided by ordinance or contract:
(i) Municipalities that contribute to the financing of
water or sewer facilities projects under this section have the
same rights to reimbursement as owners of real estate who
make contributions as authorized under this section; and
(ii) If the projects are jointly financed by a combination
of municipal funding and private funding by real estate owners, the amount of reimbursement received by each participant in the financing must be a pro rata share.
(c) A municipality seeking reimbursement from an
owner of real estate under this section is limited to the dollar
amount authorized under this chapter and may not collect any
35.91.020
[Title 35 RCW—page 304]
additional reimbursement, assessment, charge, or fee for the
infrastructure or facilities that were constructed under the
applicable ordinance, contract, or agreement. This does not
prevent the collection of amounts for services or infrastructure that are additional expenditures not subject to such ordinance, contract, or agreement.
(2)(a) The contract may provide for an extension of the
twenty-year reimbursement period for a time not to exceed
the duration of any moratorium, phasing ordinance, concurrency designation, or other governmental action that prevents
making applications for, or the approval of, any new development within the benefit area for a period of six months or
more.
(b) Upon the extension of the reimbursement period pursuant to (a) of this subsection, the contract must specify the
duration of the contract extension and must be filed and
recorded with the county auditor. Property owners who are
subject to the reimbursement obligations under subsection (1)
of this section shall be notified by the contracting municipality of the extension filed under this subsection.
(3) Each contract shall include a provision requiring that
every two years from the date the contract is executed a property owner entitled to reimbursement under this section provide the contracting municipality with information regarding
the current contract name, address, and telephone number of
the person, company, or partnership that originally entered
into the contract. If the property owner fails to comply with
the notification requirements of this subsection within sixty
days of the specified time, then the contracting municipality
may collect any reimbursement funds owed to the property
owner under the contract. Such funds must be deposited in
the capital fund of the municipality.
(4) To the extent it may require in the performance of
such contract, such municipality may install said water or
sewer facilities in and along the county streets in the area to
be served as hereinabove provided, subject to such reasonable requirements as to the manner of occupancy of such
streets as the county may by resolution provide. The provisions of such contract shall not be effective as to any owner
of real estate not a party thereto unless such contract has been
recorded in the office of the county auditor of the county in
which the real estate of such owner is located prior to the time
such owner taps into or connects to said water or sewer facilities. [2009 c 344 § 1; 2009 c 230 § 1; 2006 c 88 § 2; 1999 c
153 § 38; 1981 c 313 § 11; 1967 c 113 § 1; 1965 c 7 §
35.91.020. Prior: 1959 c 261 § 2.]
Reviser’s note: This section was amended by 2009 c 230 § 1 and by
2009 c 344 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
35.91.025 Extension outside city subject to review by
boundary review board. The extension of water or sewer
facilities outside of the boundaries of a city or town may be
subject to potential review by a boundary review board under
chapter 36.93 RCW. [1989 c 84 § 33.]
35.91.025
35.91.030 Approval and acceptance of facilities by
municipality—Rates, costs. Upon the completion of water
or sewer facilities pursuant to contract mentioned in the fore35.91.030
(2010 Ed.)
Municipal Utilities
Chapter 35.92
35.92.012
May accept and operate water-sewer district’s property when
boundaries are identical.
Acquisition of out-of-state waterworks.
Acquisition of out-of-state waterworks—Joint acquisition and
operation.
Authority to assist customers in the acquisition of water conservation equipment—Limitations.
Authority to acquire and operate sewerage and solid waste
handling systems, plants, sites, or facilities—Classification
of services and facilities for rates—Assistance for lowincome persons.
Public property subject to rates and charges for storm water
control facilities.
Solid waste—Compliance with chapter 70.95 RCW required.
Authority to make charges for connecting to water or sewerage
system—Interest charges.
Extension of water and sewer facilities outside city subject to
review by boundary review board.
Authority to acquire and operate stone or asphalt plants.
Authority to acquire and operate public markets and cold storage plants—"Public markets" defined.
Authority to acquire and operate utilities.
First-class cities operating electrical facilities—Participation
in agreements to use or own high voltage transmission facilities and other electrical generating facilities—Terms—Limitations.
May acquire electrical distribution property from public utility
district.
Authority to acquire and operate transportation facilities.
Procedure—Election.
Indebtedness incurred on credit of expected utility revenues.
General obligation bonds.
Limit of indebtedness.
Revenue bonds or warrants.
Revenue bonds, warrants, or other evidences of indebtedness
for energy or water conservation programs.
Funding or refunding bonds.
Funding or refunding bonds—Bonds not general obligation.
Funding or refunding bonds—Single issue may refund multiple series.
Funding or refunding bonds—Issuance of bonds—Ordinance.
Funding or refunding bonds—Terms of bonds.
Funding or refunding bonds—Recourse of bond owners.
City may extend water system outside limits.
City may extend water system outside limits—May acquire
property outside city.
City may extend water system outside limits—Cannot condemn irrigation system.
City may extend water system outside limits—Contracts for
outside service.
Acquisition of water rights—Consolidation of irrigation
assessment districts.
Acquisition of water rights—Special assessments.
Acquisition of water rights—Levy of assessments.
Acquisition of water rights—District property need not be
contiguous.
Acquisition of water rights—Mode of assessment.
Acquisition of water rights—Water rights acquired by purchase of shares in water users’ association or corporation—
Authority to acquire and hold shares.
Acquisition of water rights—Existing local improvement districts validated—Debts, obligations, assessments, etc.,
declared legal and valid.
Passenger transportation systems—Authority to make studies—Contracts with and acquisition of privately owned systems.
Assumption of obligations of private pension plan when urban
transportation system acquired.
Cities over one hundred fifty thousand, joint undertaking with
P.U.D. as to electric utility properties—"Electric utility
properties" defined.
Cities over one hundred fifty thousand, joint undertaking with
P.U.D. as to electric utility properties—Agreements.
Cities over one hundred fifty thousand, joint undertaking with
P.U.D. as to electric utility properties—Financing.
Cities over one hundred fifty thousand, joint undertaking with
P.U.D. as to electric utility properties—Authority granted is
additional power.
Electrical construction or improvement—Bid proposals—
Contract proposal forms—Conditions for issuance—
Refusal—Appeal.
Energy conservation—Legislative findings.
going section, the governing body of any such municipality
shall be authorized to approve their construction and accept
the same as facilities of the municipality and to charge for
their use such water or sewer rates as such municipality may
be authorized by law to establish, and if any such water or
sewer facilities are so approved and accepted, all further
maintenance and operation costs of said water or sewer lines
and facilities shall be borne by such municipality. [1965 c 7
§ 35.91.030. Prior: 1959 c 261 § 3.]
35.91.040 Contract payment to be made prior to tap,
connection, or use—Removal of tap or connection. (1) A
person, firm, or corporation may not be granted a permit or be
authorized to tap into, or use any such water or sewer facilities or extensions thereof during the period of time prescribed
in such contract without first paying to the municipality, in
addition to any and all other costs and charges made or
assessed for such tap, or use, or for the water lines or sewers
constructed in connection therewith, the amount required by
the provisions of the contract under which the water or sewer
facilities so tapped into or used were constructed. All
amounts so received by the municipality shall be paid out by
it under the terms of such contract within sixty days after the
receipt thereof. Whenever any tap or connection is made into
any such contracted water or sewer facilities without such
payment having first been made, the governing body of the
municipality may remove, or cause to be removed, such
unauthorized tap or connection and all connecting tile, or
pipe located in the facility right-of-way and dispose of unauthorized material so removed without any liability whatsoever.
(2) A tap or connection charge under this section for service to a manufactured housing community, as defined in
RCW 59.20.030, applies to an individual lot within that community only if the municipality provides and maintains the
tap-in connection. [2005 c 324 § 1; 1965 c 7 § 35.91.040.
Prior: 1959 c 261 § 4.]
35.91.040
35.91.050 Owner’s pro rata share of cost to which he
or she did not contribute. Whenever the cost, or any part
thereof, of any water or sewer improvement, whether local or
general, is or will be assessed against the owners of real estate
and such water or sewer improvement will be connected into
or will make use of, contracted water or sewer facilities constructed under the provisions of this chapter and to the cost of
which such owners, or any of them, did not contribute, there
shall be included in the engineer’s estimate before the hearing on any such improvement, separately itemized, and in
such assessments, a sum equal to the amount provided in or
computed from such contract as the fair pro rata share due
from such owners upon and for such contracted water or
sewer facilities. [1965 c 7 § 35.91.050. Prior: 1959 c 261 §
5.]
35.91.050
35.92.014
35.92.015
35.92.017
35.92.020
35.92.021
35.92.023
35.92.025
35.92.027
35.92.030
35.92.040
35.92.050
35.92.052
35.92.054
35.92.060
35.92.070
35.92.075
35.92.080
35.92.090
35.92.100
35.92.105
35.92.110
35.92.120
35.92.130
35.92.140
35.92.150
35.92.160
35.92.170
35.92.180
35.92.190
35.92.200
35.92.220
35.92.230
35.92.240
35.92.250
35.92.260
35.92.263
35.92.265
35.92.270
35.92.275
35.92.280
35.92.290
35.92.300
Chapter 35.92
Chapter 35.92 RCW
MUNICIPAL UTILITIES
35.92.350
Sections
35.92.010
(2010 Ed.)
35.92.310
Authority to acquire and operate waterworks—Generation of
electricity—Classification of services for rates.
35.92.355
[Title 35 RCW—page 305]
35.92.010
35.92.360
35.92.365
35.92.370
35.92.380
35.92.390
35.92.400
35.92.410
35.92.420
35.92.430
35.92.440
Title 35 RCW: Cities and Towns
Energy conservation plan—Financing authorized for energy
conservation projects in structures or equipment—Limitations.
Tariff for irrigation pumping service—Authority to buy back
electricity.
Lease of real property under electrical transmission lines for
private gardening purposes.
Waiver or delay of collection of tap-in charges, connection or
hookup fees for low income persons.
Municipal utilities encouraged to provide customers with landscaping information and to request voluntary donations for
urban forestry.
Provision of water services and facilities—Contract with
Canadian corporation.
Provision of sewer services and facilities—Contract with
Canadian corporation.
Purchase of electric power and energy from joint operating
agency.
Environmental mitigation activities.
Production and distribution of biodiesel, ethanol, and ethanol
blend fuels—Crop purchase contracts for dedicated energy
crops.
Assessments and charges against state lands: Chapter 79.44 RCW.
Electric franchises and rights-of-way: Chapter 80.32 RCW.
Electrical utilities and facilities owned by cities, support for political subdivisions and taxing districts: RCW 35.21.420 through 35.21.440.
Hydroelectric resources, creation of separate legal authority by irrigation
districts and cities, towns, or public utility districts: RCW 87.03.825
through 87.03.840.
Joint development of nuclear, thermal power facilities: Chapter 54.44 RCW.
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), chapter 39.36 RCW, RCW
84.52.050.
Local improvement districts, creation: Chapter 35.43 RCW.
Public utility districts: Title 54 RCW.
Sewerage improvement districts: Chapter 85.08 RCW.
Special assessments or taxation for local improvements: State Constitution
Art. 7 § 9.
Street railways: Chapter 81.64 RCW.
Water-sewer districts: Title 57 RCW.
35.92.010 Authority to acquire and operate waterworks—Generation of electricity—Classification of services for rates. A city or town may construct, condemn and
purchase, purchase, acquire, add to, alter, maintain and operate waterworks, including fire hydrants as an integral utility
service incorporated within general rates, within or without
its limits, for the purpose of furnishing the city and its inhabitants, and any other persons, with an ample supply of water
for all purposes, public and private, including water power
and other power derived therefrom, with full power to regulate and control the use, distribution, and price thereof: PROVIDED, That the rates charged must be uniform for the same
class of customers or service. Such waterworks may include
facilities for the generation of electricity as a by-product and
such electricity may be used by the city or town or sold to an
entity authorized by law to distribute electricity. Such electricity is a by-product when the electrical generation is subordinate to the primary purpose of water supply.
In classifying customers served or service furnished, the
city or town governing body may in its discretion consider
any or all of the following factors: The difference in cost of
service to the various customers; location of the various customers within and without the city or town; the difference in
cost of maintenance, operation, repair, and replacement of the
various parts of the system; the different character of the service furnished various customers; the quantity and quality of
35.92.010
[Title 35 RCW—page 306]
the water furnished; the time of its use; the achievement of
water conservation goals and the discouragement of wasteful
water use practices; capital contributions made to the system
including, but not limited to, assessments; and any other matters which present a reasonable difference as a ground for distinction. No rate shall be charged that is less than the cost of
the water and service to the class of customers served.
For such purposes any city or town may take, condemn
and purchase, purchase, acquire, and retain water from any
public or navigable lake or watercourse, surface or ground,
and, by means of aqueducts or pipe lines, conduct it to the
city or town; and it may erect and build dams or other works
across or at the outlet of any lake or watercourse in this state
for the purpose of storing and retaining water therein up to
and above high water mark; and for all the purposes of erecting such aqueducts, pipe lines, dams, or waterworks or other
necessary structures in storing and retaining water, or for any
of the purposes provided for by this chapter, the city or town
may occupy and use the beds and shores up to the high water
mark of any such watercourse or lake, and acquire the right
by purchase, or by condemnation and purchase, or otherwise,
to any water, water rights, easements or privileges named in
this chapter, or necessary for any of said purposes, and the
city or town may acquire by purchase or condemnation and
purchase any properties or privileges necessary to be had to
protect its water supply from pollution. Should private property be necessary for any such purposes or for storing water
above high water mark, the city or town may condemn and
purchase, or purchase and acquire such private property. For
the purposes of waterworks which include facilities for the
generation of electricity as a by-product, nothing in this section may be construed to authorize a city or town that does
not own or operate an electric utility system to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to
acquire such rights or facilities without the consent of the
owner. [2002 c 102 § 2; 1991 c 347 § 18. Prior: 1985 c 445
§ 4; 1985 c 444 § 2; 1965 c 7 § 35.92.010; prior: 1959 c 90 §
6; 1957 c 209 § 2; prior: 1951 c 252 § 1; 1947 c 214 § 1, part;
1933 c 163 § 1, part; 1931 c 53 § 1, part; 1923 c 173 § 1, part;
1913 c 45 § 1, part; 1909 c 150 § 1, part; 1899 c 128 § 1, part;
1897 c 112 § 1, part; 1893 c 8 § 1, part; 1890 p 520 § 1, part;
Rem. Supp. 1947 § 9488, part. Formerly RCW 80.40.010.]
Purpose—Findings—2002 c 102: "The purpose of this act is to affirm
the authority of cities and towns to operate fire hydrants and streetlights as
part of their rate-based water and electric utilities, respectively. The legislature finds that it has been the practice of most, if not all, cities and towns, as
well as water and sewer districts, to include the operation of fire hydrants for
fire and maintenance purposes and to incorporate the cost of this operation as
a normal part of the utility’s services and general rate structure. The legislature further finds and declares that it has been the intent of the legislature that
cities and towns, just as water and sewer districts, have the right to operate
and maintain streetlights in the same manner as fire hydrants, that is, as a
normal part of the electric utility and a normal part of that utility’s general
rate structure. The legislature therefore affirms that authority." [2002 c 102
§ 1.]
Severability—2002 c 102: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 102 § 4.]
Purposes—1991 c 347: See note following RCW 90.42.005.
Intent—1985 c 444: "For the purposes of this act, the legislature finds
it is the policy of the state of Washington that:
(1) The quality of the natural environment shall be protected and,
(2010 Ed.)
Municipal Utilities
where possible, enhanced as follows: Perennial rivers and streams of the
state shall be retained with base flows necessary to provide for preservation
of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values. Lakes and ponds shall be retained substantially in their natural condition. Withdrawals of water which would conflict therewith shall be
authorized only in those situations where it is clear that overriding considerations of the public interest will be served.
(2) Development of water supply systems, whether publicly or privately owned, which provide water to the public generally in regional areas
within the state shall be encouraged. Development of water supply systems
for multiple domestic use which will not serve the public generally shall be
discouraged where water supplies are available from water systems serving
the public." [1985 c 444 § 1.]
Eminent domain by cities: Chapter 8.12 RCW.
Evaluation of application to appropriate water for electric generation facility: RCW 90.54.170.
Additional notes found at www.leg.wa.gov
35.92.012 May accept and operate water-sewer district’s property when boundaries are identical. A city or
town, whose boundaries are identical with those of a watersewer district, or within which a water-sewer district is
entirely located, which is free from all debts and liabilities
except contractual obligations between the district and the
town, may accept the property and assets of the district and
operate such property and assets as a municipal waterworks,
if the district and the city or town each participate in a summary dissolution proceedings for the district as provided in
RCW 57.04.110. [1999 c 153 § 39; 1965 c 7 § 35.92.012.
Prior: 1955 c 358 § 2. Formerly RCW 80.40.012.]
35.92.012
Additional notes found at www.leg.wa.gov
35.92.014 Acquisition of out-of-state waterworks.
Municipalities of this state under ordinance of the governing
body are empowered to acquire by purchase or lease, and to
maintain and operate, in cooperation with neighboring
municipalities of states bordering this state, the out-of-state
property, plant and equipment of privately owned utilities
supplying water to the purchasing municipalities from an outof-state source: PROVIDED, The legislature of the state in
which such property, plant, equipment and supply are
located, by enabling legislation similar to this, authorizes its
municipalities to join in such acquisition, maintenance and
operation. [1965 c 7 § 35.92.014. Prior: 1951 c 39 § 1. Formerly RCW 80.40.014.]
35.92.014
35.92.015 Acquisition of out-of-state waterworks—
Joint acquisition and operation. The governing bodies of
the municipalities acting jointly under RCW 35.92.014 and
this section shall have authority by mutual agreement to exercise jointly all powers granted to each individual municipality in the acquisition, maintenance and operation of a water
supply system. [1965 c 7 § 35.92.015. Prior: 1951 c 39 § 2.
Formerly RCW 80.40.015.]
35.92.015
35.92.017 Authority to assist customers in the acquisition of water conservation equipment—Limitations.
Any city or town engaged in the sale or distribution of water
is hereby authorized, within limits established by the Constitution of the state of Washington, to assist the owners of
structures in financing the acquisition and installation of fixtures, systems, and equipment, for compensation or otherwise, for the conservation or more efficient use of water in
35.92.017
(2010 Ed.)
35.92.020
the structures under a water conservation plan adopted by the
city or town if the cost per unit of water saved or conserved
by the use of the fixtures, systems, and equipment is less than
the cost per unit of water supplied by the next least costly new
water source available to the city or town to meet future
demand. Except where otherwise authorized, assistance shall
be limited to:
(1) Providing an inspection of the structure, either
directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of purchasing and installing conservation fixtures, systems, and
equipment for which financial assistance will be approved
and the estimated life cycle savings to the water system and
the consumer that are likely to result from the installation of
the fixtures, systems, or equipment;
(2) Providing a list of businesses that sell and install the
fixtures, systems, and equipment within or in close proximity
to the service area of the city or town, each of which businesses shall have requested to be included and shall have the
ability to provide the products in a workmanlike manner and
to utilize the fixtures, systems, and equipment in accordance
with the prevailing national standards;
(3) Arranging to have approved conservation fixtures,
systems, and equipment installed by a private contractor
whose bid is acceptable to the owner of the structure and verifying the installation; and
(4) Arranging or providing financing for the purchase
and installation of approved conservation fixtures, systems,
and equipment. The fixtures, systems, and equipment shall
be purchased or installed by a private business, the owner, or
the utility.
Pay back shall be in the form of incremental additions to
the utility bill, billed either together with [the] use charge or
separately. Loans shall not exceed two hundred forty months
in length. [2010 1st sp.s. c 5 § 1; 1989 c 421 § 3.]
Intent—Water conservation encouraged—1989 c 421: "The conservation and efficient use of water is found and declared to be a public purpose
of highest priority. The legislature further finds and declares that all municipal corporations, public utility districts, water districts, and other political
subdivisions of the state that are engaged in the sale or distribution of water
should be granted the authority to develop and carry out programs that will
conserve resources, reduce waste, and encourage more efficient use of water
by consumers.
In order to establish the most effective statewide program for water
conservation, the legislature hereby encourages any company, corporation,
or association engaged in selling or furnishing utility services to assist their
customers in the acquisition and installation of fixtures, systems, and equipment, for compensation or otherwise, for the conservation or more efficient
use of water." [1989 c 421 § 1.]
Additional notes found at www.leg.wa.gov
35.92.020
35.92.020 Authority to acquire and operate sewerage
and solid waste handling systems, plants, sites, or facilities—Classification of services and facilities for rates—
Assistance for low-income persons. (1) A city or town may
construct, condemn and purchase, purchase, acquire, add to,
alter, maintain, and operate systems, plants, sites, or other
facilities of sewerage as defined in RCW 35.67.010, or solid
waste handling as defined by RCW 70.95.030. A city or
town shall have full authority to manage, regulate, operate,
control, and, except as provided in subsection (3) of this section, to fix the price of service and facilities of those systems,
[Title 35 RCW—page 307]
35.92.021
Title 35 RCW: Cities and Towns
plants, sites, or other facilities within and without the limits
of the city or town.
(2) Subject to subsection (3) of this section, the rates
charged shall be uniform for the same class of customers or
service and facilities. In classifying customers served or service and facilities furnished by a system or systems of sewerage, the legislative authority of the city or town may in its discretion consider any or all of the following factors:
(a) The difference in cost of service and facilities to customers;
(b) The location of customers within and without the city
or town;
(c) The difference in cost of maintenance, operation,
repair, and replacement of the parts of the system;
(d) The different character of the service and facilities
furnished to customers;
(e) The quantity and quality of the sewage delivered and
the time of its delivery;
(f) Capital contributions made to the systems, plants,
sites, or other facilities, including but not limited to, assessments;
(g) The nonprofit public benefit status, as defined in
RCW 24.03.490, of the land user; and
(h) Any other factors that present a reasonable difference
as a ground for distinction.
(3) The rate a city or town may charge under this section
for storm or surface water sewer systems or the portion of the
rate allocable to the storm or surface water sewer system of
combined sanitary sewage and storm or surface water sewer
systems shall be reduced by a minimum of ten percent for any
new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate
reductions in excess of ten percent dependent upon the
amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the
development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid lowincome persons in connection with services provided under
this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner’s agent, or trained owner. Training must
occur in a program approved by the state board of health or
by a local health officer.
(7) Before adopting on-site inspection and maintenance
utility services, or incorporating residences into an on-site
inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area
that have on-site systems permitted by the local health
officer. The notice must clearly state that the residence is
within the proposed service area and must provide information on estimated rates or charges that may be imposed for the
service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or
[Title 35 RCW—page 308]
repair services under this section using city or town employees unless the on-site system is connected by a publicly
owned collection system to the city or town’s sewerage system, and the on-site system represents the first step in the
sewage disposal process. Nothing in this section shall affect
the authority of state or local health officers to carry out their
responsibilities under any other applicable law. [2003 c 394
§ 2; 1997 c 447 § 9; 1995 c 124 § 5; 1989 c 399 § 6; 1985 c
445 § 5; 1965 c 7 § 35.92.020. Prior: 1959 c 90 § 7; 1957 c
288 § 3; 1957 c 209 § 3; prior: 1947 c 214 § 1, part; 1933 c
163 § 1, part; 1931 c 53 § 1, part; 1923 c 173 § 1, part; 1913
c 45 § 1, part; 1909 c 150 § 1, part; 1899 c 128 § 1, part; 1897
c 112 § 1, part; 1893 c 8 § 1, part; 1890 p 520 § 1, part; Rem.
Supp. 1947 § 9488, part. Formerly RCW 80.40.020.]
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
35.92.021
35.92.021 Public property subject to rates and
charges for storm water control facilities. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state
property, shall be subject to rates and charges for storm water
control facilities to the same extent private persons and private property are subject to such rates and charges that are
imposed by cities and towns pursuant to RCW 35.92.020. In
setting these rates and charges, consideration may be made of
in-kind services, such as stream improvements or donation of
property. [1986 c 278 § 56; 1983 c 315 § 2.]
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Rates and charges for storm water control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025,
36.89.085, and 36.94.145.
Additional notes found at www.leg.wa.gov
35.92.023
35.92.023 Solid waste—Compliance with chapter
70.95 RCW required. See RCW 35.21.154.
35.92.025
35.92.025 Authority to make charges for connecting
to water or sewerage system—Interest charges. Cities and
towns are authorized to charge property owners seeking to
connect to the water or sewerage system of the city or town as
a condition to granting the right to so connect, in addition to
the cost of such connection, such reasonable connection
charge as the legislative body of the city or town shall determine proper in order that such property owners shall bear
their equitable share of the cost of such system. The equitable
share may include interest charges applied from the date of
construction of the water or sewer system until the connection, or for a period not to exceed ten years, at a rate commensurate with the rate of interest applicable to the city or town at
the time of construction or major rehabilitation of the water
or sewer system, or at the time of installation of the water or
sewer lines to which the property owner is seeking to connect
but not to exceed ten percent per year: PROVIDED, That the
aggregate amount of interest shall not exceed the equitable
share of the cost of the system allocated to such property
owners. Connection charges collected shall be considered
revenue of such system. [1985 c 445 § 6; 1965 c 7 §
35.92.025. Prior: 1959 c 90 § 8. Formerly RCW 80.40.025.]
(2010 Ed.)
Municipal Utilities
35.92.027 Extension of water and sewer facilities outside city subject to review by boundary review board.
The extension of water or sewer facilities outside of the
boundaries of a city or town may be subject to potential
review by a boundary review board under chapter 36.93
RCW. [1989 c 84 § 34.]
35.92.027
35.92.030 Authority to acquire and operate stone or
asphalt plants. A city or town may also construct, condemn
and purchase, purchase, acquire, add to, alter, maintain, and
operate works, plants and facilities for the preparation and
manufacture of all stone or asphalt products or compositions
or other materials which may be used in street construction or
maintenance, together with the right to use them, and also fix
the price of and sell such products for use in the construction
of municipal improvements. [1985 c 445 § 8; 1965 c 7 §
35.92.030. Prior: 1957 c 288 § 4; 1957 c 209 § 4; prior: 1947
c 214 § 1, part; 1933 c 163 § 1, part; 1931 c 53 § 1, part; 1923
c 173 § 1, part; 1913 c 45 § 1, part; 1909 c 150 § 1, part; 1899
c 128 § 1, part; 1897 c 112 § 1, part; 1893 c 8 § 1, part; 1890
p 520 § 1, part; Rem. Supp. 1947 § 9488, part. Formerly
RCW 80.40.030.]
35.92.030
Eminent domain by cities: Chapter 8.12 RCW.
35.92.040 Authority to acquire and operate public
markets and cold storage plants—"Public markets"
defined. A city or town may also construct, acquire, and
operate public markets and cold storage plants for the sale
and preservation of butter, eggs, meats, fish, fruits, vegetables, and other perishable provisions. Whenever the words
"public markets" are used in this chapter and the public market is managed in whole or in part by a public corporation
created by a city, the words shall be construed to include all
real or personal property located in a district or area designated by a city as a public market and traditionally devoted to
providing farmers, crafts vendors and other merchants with
retail space to market their wares to the public. Property
located in such a district or area need not be exclusively or
primarily used for such traditional public market retail activities and may include property used for other public purposes
including, but not limited to, the provision of human services
and low-income or moderate-income housing. [1990 c 189 §
4; 1965 c 7 § 35.92.040. Prior: 1957 c 288 § 5; 1957 c 209 §
5; prior: 1947 c 214 § 1, part; 1933 c 163 § 1, part; 1931 c 53
§ 1, part; 1923 c 173 § 1, part; 1913 c 45 § 1, part; 1909 c 150
§ 1, part; 1899 c 128 § 1, part; 1897 c 112 § 1, part; 1893 c 8
§ 1, part; 1890 p 520 § 1, part; Rem. Supp. 1947 § 9488, part.
Formerly RCW 80.40.040.]
35.92.040
35.92.050 Authority to acquire and operate utilities.
A city or town may also construct, condemn and purchase,
purchase, acquire, add to, alter, maintain and operate works,
plants, facilities for the purpose of furnishing the city or town
and its inhabitants, and any other persons, with gas, electricity, and other means of power and facilities for lighting,
including streetlights as an integral utility service incorporated within general rates, heating, fuel, and power purposes,
public and private, with full authority to regulate and control
the use, distribution, and price thereof, together with the right
to handle and sell or lease, any meters, lamps, motors, trans35.92.050
(2010 Ed.)
35.92.052
formers, and equipment or accessories of any kind, necessary
and convenient for the use, distribution, and sale thereof;
authorize the construction of such plant or plants by others
for the same purpose, and purchase gas, electricity, or power
from either within or without the city or town for its own use
and for the purpose of selling to its inhabitants and to other
persons doing business within the city or town and regulate
and control the use and price thereof. [2002 c 102 § 3; 1985
c 445 § 9; 1965 c 7 § 35.92.050. Prior: 1957 c 288 § 6; 1957
c 209 § 6; prior: 1947 c 214 § 1, part; 1933 c 163 § 1, part;
1931 c 53 § 1, part; 1923 c 173 § 1, part; 1913 c 45 § 1, part;
1909 c 150 § 1, part; 1899 c 128 § 1, part; 1897 c 112 § 1,
part; 1893 c 8 § 1, part; 1890 p 520 § 1, part; Rem. Supp.
1947 § 9488, part. Formerly RCW 80.40.050.]
Purpose—Findings—Severability—2002 c 102: See notes following
RCW 35.92.010.
35.92.052 First-class cities operating electrical facilities—Participation in agreements to use or own high voltage transmission facilities and other electrical generating
facilities—Terms—Limitations. (1) Except as provided in
subsection (3) of this section, cities of the first class which
operate electric generating facilities and distribution systems
shall have power and authority to participate and enter into
agreements for the use or undivided ownership of high voltage transmission facilities and capacity rights in those facilities and for the undivided ownership of any type of electric
generating plants and facilities, including, but not limited to,
nuclear and other thermal power generating plants and facilities and transmission facilities including, but not limited to,
related transmission facilities, to be called "common facilities"; and for the planning, financing, acquisition, construction, operation, and maintenance with: (a) Each other; (b)
electrical companies which are subject to the jurisdiction of
the Washington utilities and transportation commission or the
regulatory commission of any other state, to be called "regulated utilities"; (c) rural electric cooperatives, including generation and transmission cooperatives in any state; (d) municipal corporations, utility districts, or other political subdivisions in any state; and (e) any agency of the United States
authorized to generate or transmit electrical energy. It shall
be provided in such agreements that each city shall use or
own a percentage of any common facility equal to the percentage of the money furnished or the value of property supplied by it for the acquisition and construction of or additions
or improvements to the facility and shall own and control or
provide for the use of a like percentage of the electrical transmission or output.
(2) A city using or owning common facilities under this
section may issue revenue bonds or other obligations to
finance the city’s share of the use or ownership of the common facilities.
(3) Cities of the first class shall have the power and
authority to participate and enter into agreements for the use
or undivided ownership of a coal-fired thermal electric generating plant and facility placed in operation before July 1,
1975, including related common facilities, and for the planning, financing, acquisition, construction, operation, and
maintenance of the plant and facility. It shall be provided in
such agreements that each city shall use or own a percentage
of any common facility equal to the percentage of the money
35.92.052
[Title 35 RCW—page 309]
35.92.054
Title 35 RCW: Cities and Towns
furnished or the value of property supplied by the city for the
acquisition and construction of or additions or improvements
to the facility and shall own and control or provide for the use
of a like percentage of the electrical transmission or output of
the facility. Cities may enter into agreements under this subsection with each other, with regulated utilities, with rural
electric cooperatives, with utility districts, with electric companies subject to the jurisdiction of the regulatory commission of any other state, and with any power marketer subject
to the jurisdiction of the federal energy regulatory commission.
(4) The agreement must provide that each participant
shall defray its own interest and other payments required to
be made or deposited in connection with any financing
undertaken by it to pay its percentage of the money furnished
or value of property supplied by it for the planning, acquisition, and construction of any common facility, or any additions or betterments. The agreement shall provide a uniform
method of determining and allocating operation and maintenance expenses of a common facility.
(5) Each city participating in the ownership, use, or operation of a common facility shall pay all taxes chargeable to its
share of the common facility and the electric energy generated under any applicable statutes and may make payments
during preliminary work and construction for any increased
financial burden suffered by any county or other existing taxing district in the county in which the common facility is
located, under agreement with such county or taxing district.
(6) In carrying out the powers granted in this section,
each such city shall be severally liable only for its own acts
and not jointly or severally liable for the acts, omissions, or
obligations of others. No money or property supplied by any
such city for the planning, financing, acquisition, construction, operation, or maintenance of, or addition or improvement to any common facility shall be credited or otherwise
applied to the account of any other participant therein, nor
shall the undivided share of any city in any common facility
be charged, directly or indirectly, with any debt or obligation
of any other participant or be subject to any lien as a result
thereof. No action in connection with a common facility shall
be binding upon any city unless authorized or approved by
resolution or ordinance of its governing body.
(7) Any city acting jointly outside the state of Washington, by mutual agreement with any participant under authority of this section, shall not acquire properties owned or operated by any public utility district, by any regulated utility, or
by any public utility owned by a municipality without the
consent of the utility owning or operating the property, and
shall not participate in any condemnation proceeding to
acquire such properties. [1997 c 230 § 1; 1992 c 11 § 1; 1989
c 249 § 1.]
35.92.054
35.92.054 May acquire electrical distribution property from public utility district. Any city or town may
acquire by purchase or condemnation from any public utility
district or combination of public utility districts any electrical
distribution property within the boundaries of such city or
town: PROVIDED, That such right of condemnation shall
not apply to a city or town located within a public utility district that owns the electric distribution properties sought to be
[Title 35 RCW—page 310]
condemned. [1965 c 7 § 35.92.054. Prior: 1953 c 97 § 1;
1951 c 272 § 1. Formerly RCW 80.40.054.]
Right of countywide utility district to acquire distribution properties: RCW
54.32.040.
35.92.060 Authority to acquire and operate transportation facilities. A city or town may also construct, condemn and purchase, purchase, acquire, add to, alter, maintain,
operate, or lease cable, electric, and other railways, automobiles, motor cars, motor buses, auto trucks, and any and all
other forms or methods of transportation of freight or passengers within the corporate limits of the city or town, and a
first-class city may also construct, purchase, acquire, add to,
alter, maintain, operate, or lease cable, electric, and other railways beyond those corporate limits only within the boundaries of the county in which the city is located and of any
adjoining county, for the transportation of freight and passengers above, upon, or underneath the ground. It may also fix,
alter, regulate, and control the fares and rates to be charged
therefor; and fares or rates may be adjusted or eliminated for
any distinguishable class of users including, but not limited
to, senior citizens, handicapped persons, and students. Without the payment of any license fee or tax, or the filing of a
bond with, or the securing of a permit from, the state, or any
department thereof, the city or town may engage in, carry on,
and operate the business of transporting and carrying passengers or freight for hire by any method or combination of
methods that the legislative authority of any city or town may
by ordinance provide, with full authority to regulate and control the use and operation of vehicles or other agencies of
transportation used for such business. [1995 c 42 § 1; 1991 c
124 § 1; 1990 c 43 § 49; 1985 c 445 § 10; 1981 c 25 § 2; 1965
c 7 § 35.92.060. Prior: 1957 c 288 § 7; 1957 c 209 § 7; prior:
1947 c 214 § 1, part; 1933 c 163 § 1, part; 1931 c 53 § 1, part;
1923 c 173 § 1, part; 1913 c 45 § 1, part; 1909 c 150 § 1, part;
1899 c 128 § 1, part; 1897 c 112 § 1, part; 1893 c 8 § 1, part;
1890 p 520 § 1, part; Rem. Supp. 1947 § 9488, part. Formerly
RCW 80.40.060.]
35.92.060
Additional sales and use taxes: RCW 82.14.045.
Public transportation systems, financing, purchase of leased systems: Chapter 35.95 RCW.
Additional notes found at www.leg.wa.gov
35.92.070 Procedure—Election. When the governing
body of a city or town deems it advisable that the city or town
purchase, acquire, or construct any such public utility, or
make any additions and betterments thereto or extensions
thereof, it shall provide therefor by ordinance, which shall
specify and adopt the system or plan proposed, and declare
the estimated cost thereof, as near as may be, and the ordinance shall be submitted for ratification or rejection by
majority vote of the voters of the city or town at a general or
special election.
(1) No submission shall be necessary:
(a) When the work proposed is an addition to, or betterment of, extension of, or an increased water supply for existing waterworks, or an addition, betterment, or extension of an
existing system or plant of any other public utility;
(b) When in the charter of a city a provision has been
adopted authorizing the corporate authorities thereof to pro35.92.070
(2010 Ed.)
Municipal Utilities
vide by ordinance for acquiring, opening, or operating any of
such public utilities; or
(c) When in the judgment of the corporate authority, the
public health is being endangered by the discharge of raw or
untreated sewage into any body of water and the danger to the
public health may be abated by the construction and maintenance of a sewage disposal plant.
(2) Notwithstanding subsection (1) of this section, submission to the voters shall be necessary if:
(a) The project or work may produce electricity for sale
in excess of present or future needs of the water system;
(b) The city or town does not own or operate an electric
utility system;
(c) The work involves an ownership greater than twentyfive percent in a new water supply project combined with an
electric generation facility; and
(d) The combined facility has an installed capacity in
excess of five megawatts.
(3) Notwithstanding subsection (1) of this section, submission to the voters shall be necessary to make extensions to
a public utility which would expand the previous service
capacity by fifty percent or more, where such increased service capacity is financed by the issuance of general obligation bonds.
(4) Thirty days’ notice of the election shall be given in
the official newspaper of the city or town, by publication at
least once each week in the paper during such time.
(5) When a proposition has been adopted, or in the cases
where no submission is necessary, the corporate authorities
of the city or town may proceed forthwith to purchase, construct, and acquire the public utility or make additions, betterments, and extensions thereto and to make payment therefor.
[1987 c 145 § 1. Prior: 1985 c 445 § 11; 1985 c 444 § 3; 1965
c 7 § 35.92.070; prior: 1941 c 147 § 1; 1931 c 53 § 2; 1909 c
150 § 2; 1901 c 85 § 1; 1897 c 112 § 2; 1893 c 8 § 2; 1891 c
141 § 1; 1890 p 520 § 2; Rem. Supp. 1941 § 9489. Formerly
RCW 80.40.070.]
Intent—Construction—Severability—1985 c 444: See notes following RCW 35.92.010.
Elections: Title 29A RCW.
35.92.075 Indebtedness incurred on credit of
expected utility revenues. A city or town may contract
indebtedness and borrow money for a period not in excess of
two years for any public utility purpose on the credit of the
revenues expected from such public utility. [1982 c 24 § 1.]
35.92.075
35.92.080 General obligation bonds. General obligation bonds may be issued by a city or town for the purposes
of providing all or part of the costs of purchasing, acquiring,
or constructing a public utility or making any additions, betterments, or alterations thereto, or extensions thereof. The
bonds shall be issued and sold in accordance with chapter
39.46 RCW.
There shall be levied each year a tax upon the taxable
property of the city or town sufficient to pay the interest on
and principal of the bonds then due, which taxes shall
become due and collectible as other taxes: PROVIDED, That
it may pledge to the payment of such principal and interest
the revenue of the public utility being acquired, constructed,
or improved out of the proceeds of sale of such bonds. Such
35.92.080
(2010 Ed.)
35.92.100
pledge of revenue shall constitute a binding obligation,
according to its terms, to continue the collection of such revenue so long as such bonds or any of them are outstanding,
and to the extent that revenues are insufficient to meet the
debt service requirements on such bonds, the governing body
of the municipality shall provide for the levy of taxes sufficient to meet such deficiency. [1985 c 445 § 12; 1984 c 186
§ 23; 1983 c 167 § 67; 1970 ex.s. c 56 § 47; 1969 ex.s. c 232
§ 24; 1967 c 107 § 1; 1965 c 118 § 2; 1965 c 7 § 35.92.080.
Prior: 1909 c 150 § 3, part; RRS § 9490, part. Formerly
RCW 80.40.080.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Additional notes found at www.leg.wa.gov
35.92.090 Limit of indebtedness. The total general
indebtedness incurred under this chapter, added to all other
indebtedness of a city or town at any time outstanding, shall
not exceed the amounts of indebtedness authorized by chapter 39.36 RCW, as now or hereafter amended, to be incurred
without and with the assent of the voters: PROVIDED, That
a city or town may become indebted to a larger amount, but
not exceeding the amount authorized therefor by chapter
39.36 RCW, as now or hereafter amended, for supplying it
with water, artificial light, and sewers when works for supplying such water, light, and sewers are owned and controlled
by the city or town. [1965 c 7 § 35.92.090. Prior: 1909 c 150
§ 3, part; RRS § 9490, part. Formerly RCW 80.40.090.]
35.92.090
Limitations upon indebtedness: State Constitution Art. 7 § 2 (Amendments
55, 59), Art. 8 § 6 (Amendment 27), RCW 84.52.050.
35.92.100 Revenue bonds or warrants. (1) When the
voters of a city or town, or the corporate authorities thereof,
have adopted a proposition for any public utility and either no
general indebtedness has been authorized or the corporate
authorities do not desire to incur a general indebtedness, and
when the corporate authorities are authorized to exercise any
of the powers conferred by this chapter without submitting
the proposition to a vote, the corporate authorities may create
a special fund for the sole purpose of defraying the cost of the
public utility or addition, betterment, or extension thereto,
into which special fund they may obligate and bind the city or
town to set aside and pay a fixed proportion of the gross revenues of the utility, or any fixed amount out of and not
exceeding a fixed proportion of such revenues, or a fixed
amount without regard to any fixed proportion, and issue and
sell bonds or warrants bearing interest at a rate or rates as
authorized by the corporate authorities; payable semiannually, executed in such manner and payable at such times and
places as the corporate authorities shall determine, but the
bonds or warrants and the interest thereon shall be payable
only out of the special fund and shall be a lien and charge
against payments received from any utility local improvement district assessments pledged to secure such bonds. Such
bonds shall be negotiable instruments within the meaning of
the negotiable instruments law, Title 62A RCW, notwithstanding same are made payable out of a particular fund contrary to the provisions of RCW 62A.3-105. Such bonds and
warrants may be of any form, including bearer bonds or
bearer warrants, or registered bonds or registered warrants as
provided in RCW 39.46.030.
35.92.100
[Title 35 RCW—page 311]
35.92.105
Title 35 RCW: Cities and Towns
When corporate authorities deem it necessary to construct any sewage disposal plant, it may be considered as a
part of the waterworks department of the city or town and the
cost of construction and maintenance thereof may be chargeable to the water fund of the municipality, or to any other special fund which the corporate authorities may by ordinance
designate.
In creating a special fund, the corporate authorities shall
have due regard to the cost of operation and maintenance of
the plant or system as constructed or added to, and to any proportion or part of the revenue previously pledged as a fund
for the payment of bonds, warrants, or other indebtedness,
and shall not set aside into such special fund a greater amount
or proportion of the revenue and proceeds than in their judgment will be available above such cost of maintenance and
operation and the amount or proportion, if any, of the revenue
so previously pledged. Rates shall be maintained adequate to
service such bonds and to maintain the utility in sound financial condition.
The bonds or warrants and interest thereon issued against
any such fund shall be a valid claim of the owner thereof only
as against the special fund and its fixed proportion or amount
of the revenue pledged thereto, and shall not constitute an
indebtedness of the city or town within the meaning of constitutional provisions and limitations. Each bond or warrant
shall state upon its face that it is payable from a special fund,
naming it and the ordinance creating it. The bonds and warrants shall be sold in such manner as the corporate authorities
shall deem for the best interest of the city or town, and they
may provide in any contract for the construction and acquirement of the proposed improvement that payment therefor
shall be made only in such bonds and warrants at par value
thereof.
When a special fund is created and any such obligation is
issued against it, a fixed proportion, or a fixed amount out of
and not exceeding such fixed proportion, or a fixed amount
without regard to any fixed proportion, of revenue shall be set
aside and paid into such fund as provided in the ordinance
creating it, and in case the city or town fails to thus set aside
and pay such fixed proportion or amount, the owner of any
bond or warrant against the fund may bring action against the
city or town and compel such setting aside and payment:
PROVIDED, That whenever the corporate authorities of any
city or town shall so provide by ordinance then all such bonds
thereafter issued shall be on a parity, without regard to date of
issuance or authorization and without preference or priority
of right or lien with respect to participation of special funds in
amounts from gross revenues for payment thereof.
(2) Notwithstanding subsection (1) of this section, such
bonds and warrants may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 68; 1983 c 3 § 57;
1970 ex.s. c 56 § 48; 1969 ex.s. c 232 § 25; 1967 c 52 § 25;
1965 c 7 § 35.92.100. Prior: 1953 c 231 § 1; 1931 c 53 § 3;
1909 c 150 § 4; RRS § 9491. Formerly RCW 80.40.100.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW
39.44.140.
Instruments payable from a particular fund: RCW 62A.3-105.
Municipal revenue bond act: Chapter 35.41 RCW.
[Title 35 RCW—page 312]
Additional notes found at www.leg.wa.gov
35.92.105
35.92.105 Revenue bonds, warrants, or other evidences of indebtedness for energy or water conservation
programs. A city or town engaged in the sale or distribution
of water or energy may issue revenue bonds, warrants, or
other evidences of indebtedness in the manner provided by
this chapter for the purpose of defraying the cost of financing
programs for the conservation or more efficient use of energy
or water. The bonds, warrants, or other evidences of indebtedness shall be deemed to be for capital purposes within the
meaning of the uniform system of accounts for municipal
corporations. [1992 c 25 § 1; 1981 c 273 § 1.]
Uniform system of accounts for local governments: RCW 43.09.200.
35.92.110
35.92.110 Funding or refunding bonds. The legislative authority of a city or town which has any outstanding
warrants or bonds issued for the purpose of purchasing,
acquiring, or constructing any such public utility or for making any additions or betterments thereto or extensions
thereof, whether the warrants or bonds are general obligation
warrants or bonds of the municipality or are payable solely
from a special fund, into which fund the city or town is bound
and obligated to set aside and pay any proportion or part of
the revenue of the public utility, for the purchase, acquisition,
or construction of which utility or the making of any additions and betterments thereto or extensions thereof such outstanding warrants or bonds were issued, may, without submitting the matter to the voters, provide for the issuance of
funding or refunding bonds with which to take up, cancel,
retire, and refund such outstanding warrants or bonds, or any
part thereof, at maturity thereof, or before the maturity
thereof, if they are subject to call for prior redemption. [1965
c 7 § 35.92.110. Prior: 1935 c 81 § 1; RRS § 9492-1. Formerly RCW 80.40.110.]
35.92.120
35.92.120 Funding or refunding bonds—Bonds not
general obligation. Such funding or refunding bonds shall
not be a general indebtedness of the city or town, but shall be
payable solely from a special fund created therefor by ordinance. Each bond shall state upon its face that it is payable
from a special fund, naming the fund and the ordinance creating it. [1965 c 7 § 35.92.120. Prior: 1935 c 81 § 2; RRS §
9492-2. Formerly RCW 80.40.120.]
35.92.130
35.92.130 Funding or refunding bonds—Single issue
may refund multiple series. At the option of the legislative
authority of the city or town various series and issues of outstanding warrants or bonds, or parts thereof, issued for the
purpose of acquiring or constructing any public utility, or for
making any additions or betterments thereto or extensions
thereof, may be funded or refunded by a single issue of funding or refunding bonds. No proportion or part of the revenue
of any one such public utility shall be pledged for the payment of funding or refunding bonds issued to fund or refund
warrants or bonds issued for the acquisition or construction,
or the making of additions or betterments to or extensions of,
any other public utility. [1965 c 7 § 35.92.130. Prior: 1935 c
81 § 3; RRS § 9492-3. Formerly RCW 80.40.130.]
(2010 Ed.)
Municipal Utilities
35.92.140 Funding or refunding bonds—Issuance of
bonds—Ordinance. When the legislative authority of a city
or town determines to issue such funding or refunding bonds,
it shall provide therefor by ordinance, which shall create a
special fund for the sole purpose of paying the bonds and the
interest thereon, into which fund the ordinance shall bind and
obligate the city or town to set aside and pay a fixed amount
without regard to any fixed proportion out of the gross revenue of the public utility as provided therein. In creating such
special fund, the legislative authority shall have due regard to
the cost of operation and maintenance of the utility as constructed or added to, and to any proportion or part of the revenue thereof previously pledged as a fund for the payment of
bonds, warrants, or other indebtedness, and shall not bind and
obligate the city or town to set aside into the fund a greater
amount of the revenue of the utility than in its judgment will
be available above the cost of maintenance and operation and
the amount or proportion of the revenue thereof so previously
pledged. [1965 c 7 § 35.92.140. Prior: 1935 c 81 § 4, part;
RRS § 9492-4, part. Formerly RCW 80.40.140.]
35.92.140
35.92.220
35.92.170 City may extend water system outside limits. When a city or town owns or operates a municipal waterworks system and desires to extend such utility beyond its
corporate limits it may acquire, construct and maintain any
addition to or extension of the system, and dispose of and distribute water to any other municipality, water-sewer district,
community, or person desiring to purchase it. [1999 c 153 §
40; 1965 c 7 § 35.92.170. Prior: 1933 ex.s. c 17 § 1; RRS §
9502-1. Cf. 1917 c 12 § 1. Formerly RCW 80.40.170.]
35.92.170
Water-sewer districts: Title 57 RCW.
Additional notes found at www.leg.wa.gov
35.92.180 City may extend water system outside limits—May acquire property outside city. A city or town
may construct, purchase, or acquire any waterworks, pipe
lines, distribution systems and any extensions thereof, necessary to furnish such outside service. [1965 c 7 § 35.92.180.
Prior: 1933 ex.s. c 17 § 2; RRS § 9502-2. Cf. 1917 c 12 § 1.
Formerly RCW 80.40.180.]
35.92.180
35.92.190 City may extend water system outside limits—Cannot condemn irrigation system. No city or town
may exercise the power of eminent domain to take or damage
any waterworks, storage reservoir, site, pipe line distribution
system or any extension thereof, or any water right, water
appropriation, dam, canal, plant, or any interest in, or to any
of the above used, operated, held, or owned by an irrigation
district. [1965 c 7 § 35.92.190. Prior: 1933 ex.s. c 17 § 2A;
RRS § 9502-2A. Formerly RCW 80.40.190.]
35.92.190
35.92.150 Funding or refunding bonds—Terms of
bonds. (1) Such funding or refunding bonds, together with
the interest thereon, issued against the special fund shall be a
valid claim of the owner thereof only as against such fund,
and the amount of the revenue of the utility pledged thereto,
and shall not constitute an indebtedness of the city or town
within the meaning of constitutional or statutory provisions
and limitations. They shall be sold in such manner as the corporate authorities shall deem for the best interest of the
municipality. The effective rate of interest on the bonds shall
not exceed the effective rate of interest on warrants or bonds
to be funded or refunded thereby. Interest on the bonds shall
be paid semiannually. The bonds shall be executed in such
manner and payable at such time and place as the legislative
authority shall by ordinance determine. Nothing in this chapter shall prevent a city or town from funding or refunding any
of its indebtedness in any other manner provided by law.
Such bonds may be of any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 69; 1965 c 7 § 35.92.150. Prior:
1935 c 81 § 4, part; RRS § 9492-4, part. Formerly RCW
80.40.150.]
35.92.150
Additional notes found at www.leg.wa.gov
35.92.160 Funding or refunding bonds—Recourse of
bond owners. When such funding or refunding bonds have
been issued and the city or town fails to set aside and pay into
the special fund from which they are payable, the amount
without regard to any fixed proportion out of the gross revenue of the public utility which the city or town has, by ordinance, bound and obligated itself to set aside and pay into the
special fund, the owner of any funding or refunding bond
may bring action against the city or town and compel such
setting aside and payment. [1983 c 167 § 70; 1965 c 7 §
35.92.160. Prior: 1935 c 81 § 5; RRS § 9492-5. Formerly
RCW 80.40.160.]
35.92.160
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Eminent domain by cities: Chapter 8.12 RCW.
35.92.200 City may extend water system outside limits—Contracts for outside service. A city or town may
enter into a firm contract with any outside municipality, community, corporation, or person, for furnishing them with
water without regard to whether said water shall be considered as surplus or not and regardless of the source from which
such water is obtained, which contract may fix the terms
upon which the outside distribution systems will be installed
and the rates at which and the manner in which payment shall
be made for the water supplied or for the service rendered.
[1965 c 7 § 35.92.200. Prior: 1961 c 125 § 1; 1957 c 288 § 8;
1933 ex.s. c 17 § 3; RRS § 9502-3. Cf. 1917 c 12 § 1. Formerly RCW 80.40.200.]
35.92.200
35.92.220 Acquisition of water rights—Consolidation of irrigation assessment districts. (1) A city or town,
situated within or served by, an irrigation project, or projects,
owned or operated by the United States government, a water
users’ association, associations, corporation, or corporations
or another city or town or towns, where the legislative authority deems it feasible to furnish water for irrigation and
domestic purposes, or either, and where the water used for
irrigation and domestic purposes or either, is appurtenant or
may become appurtenant to the land located within such city
or town, may purchase, lease, or otherwise acquire water or
water rights for the purpose of furnishing the city or town and
the inhabitants thereof with a supply of water for irrigation
and domestic purposes, or either; purchase, construct, or otherwise acquire systems and means of distribution and deliv35.92.220
[Title 35 RCW—page 313]
35.92.230
Title 35 RCW: Cities and Towns
ery of water within and without the limits of the city or town,
or for the delivery of water where the owner of land within
the city or town owns a water right appurtenant to his or her
land, with full power to maintain, repair, reconstruct, regulate, and control the same, and if private property is necessary
for such purposes, the city or town may condemn and purchase or purchase and acquire property, enter into any contract, and order any and all work to be done that is necessary
to carry out such purposes, and it may do so either by the
entire city or town or by assessment districts, consisting of
the whole or any portion thereof, as the legislative authority
of the city or town may determine.
(2) The legislative authority of any city or town may by
ordinance authorize the consolidation of separate irrigation
assessment districts, previously established pursuant to this
section, for the purposes of construction or rehabilitation of
improvements, or of ongoing administration, service, repair,
and reconstruction of irrigation systems. The separate irrigation assessment districts to be consolidated need not be
adjoining, vicinal, or neighboring. If the legislative authority
orders the creation of such consolidated irrigation assessment
districts, the money received and on hand from assessments
levied within the original districts shall be deposited in a consolidated fund to be used by the municipality for future
expenses within the consolidated district. [1995 c 89 § 1;
1965 c 130 § 1; 1965 c 7 § 35.92.220. Prior: 1915 c 112 § 1;
RRS § 9495. Formerly RCW 80.40.220.]
That where the water right is acquired or a special improvement is made for a portion of any district, the cost of the water
right or the cost of such special improvement shall be levied
in the same manner upon such portion of the district as shall
be specially benefited thereby: PROVIDED FURTHER,
That whenever a special improvement is made for a portion
of any district, the land assessed for the cost thereof shall be
entitled to an equitable reduction in the annual assessments in
proportion to the reduced cost of operation on account of the
construction of the improvement. [1965 c 7 § 35.92.240.
Prior: 1915 c 112 § 3; RRS § 9497. Formerly RCW
80.40.240.]
35.92.250 Acquisition of water rights—District property need not be contiguous. One local improvement district may be established for any or all of the purposes
embraced herein even though the area assessed for such purposes may not coincide or be contiguous: PROVIDED, That
whenever the legislative body of the city or town decides to
construct a special improvement in a distribution system, a
separate local improvement district may be formed for such
portion and bonds may be issued therefor as provided in the
general local improvement law. [1965 c 7 § 35.92.250. Prior:
1915 c 112 § 4; RRS § 9498. Formerly RCW 80.40.250.]
35.92.250
Creation of local improvement districts: Chapter 35.43 RCW.
Issuance of bonds to pay for local improvements: Chapters 35.45, 35.48
RCW.
35.92.260 Acquisition of water rights—Mode of
assessment. When a city or town makes local improvements
for any of the purposes specified in RCW 35.92.220 and
35.92.230, as now or hereafter amended, the proceedings relative to the creation of districts, financing of improvements,
levying and collecting assessments and all other procedure
shall be had, and the legislative authority shall proceed in
accordance with the provisions of the laws relating to local
improvement districts in cities of the first class: PROVIDED, That when the improvement is initiated upon petition, the petition shall set forth the fact that the signers are the
owners according to the records in the office of the county
auditor, of property to an aggregate amount of a majority of
the surface area within the limits of the assessment district to
be created: PROVIDED FURTHER, That when an assessment is made for any purpose other than the construction or
reconstruction of any system or means of distribution or
delivery of water, it shall not be necessary for the legislative
authority to be furnished with a statement of the aggregate
assessed valuation of the real estate exclusive of improvements in the district according to the valuation last placed
upon it for purposes of general taxation, or the estimated
amount of the cost of the improvement to be borne by each
tract of land or other property, but a statement by the engineer
or other officer, showing the estimated cost of the improvement per square foot, shall be sufficient: PROVIDED FURTHER, That when the legislative authority of a city or town
shall deem it necessary to levy special assessments for the
purposes specified in RCW 35.92.230, as now or hereafter
amended, other than for the purpose of paying the costs of
acquiring, constructing or reconstructing any system or
means of distribution or delivery of water for irrigation or
domestic purposes, the legislative authority for such city or
35.92.260
35.92.230
35.92.230 Acquisition of water rights—Special
assessments. For the purpose of paying for a water right purchased by the city or town from the United States government
where the purchase price has not been fully paid; paying
annual maintenance or annual rental charge to the United
States government or any corporation or individual furnishing the water for irrigation and domestic purposes, or either;
paying assessments made by any water users’ association;
paying the cost of constructing or acquiring any system or
means of distribution or delivery of water for such purposes;
and for the upkeep, repair, reconstruction, operation, and
maintenance thereof; accumulating reasonable operating
fund reserves to pay for system upkeep, repair, operation, and
maintenance, in such amount as is determined by the city or
town legislative authority; accumulating reasonable capital
fund reserves in an amount not to exceed the total estimated
cost of system construction, reconstruction, or refurbishment,
over such period of time as is determined by the city or town
legislative authority; and for any expense incidental to such
purposes, the city or town may levy and collect special
assessments against the property within any district created
pursuant to RCW 35.92.220, to pay the whole or any part of
any such costs and expenses. [1995 c 89 § 2; 1965 c 130 § 2;
1965 c 7 § 35.92.230. Prior: 1915 c 112 § 2; RRS § 9496.
Formerly RCW 80.40.230.]
35.92.240
35.92.240 Acquisition of water rights—Levy of
assessments. All such assessments shall be levied upon the
several parcels of land located within the local improvement
district in accordance to the special benefits conferred on
such property in proportion to the surface area, one square
foot of surface to be the unit of assessment: PROVIDED,
[Title 35 RCW—page 314]
(2010 Ed.)
Municipal Utilities
town may hold a single hearing on the assessment rolls for all
irrigation local improvement districts within the city or town.
Such legislative authority shall fix the date of such hearing
and shall direct the city or town clerk to give notice thereof,
in the form prescribed by RCW 35.44.080, by publication
thereof in a legal newspaper of general circulation in the city
or town, once, not less than fifteen days prior to the date fixed
for hearing; and by mailing, not less than fifteen days prior to
the date fixed for hearing, notice thereof to the owner or
reputed owner of each item of property described on the
assessment roll whose name appears on such roll at the
address of such owner or reputed owner shown on the tax
rolls of the county treasurer for each such item of property:
PROVIDED FURTHER, That when an assessment roll is
once prepared and does not include the cost of purchase, construction, or reconstruction of works of delivery or distribution and the legislative authority of such city or town decides
to raise a similar amount the ensuing year, it shall not be necessary to prepare a new assessment roll, but the legislative
authority may pass a resolution of intention estimating the
cost for the ensuing year to be the same as the preceding year,
and directing the clerk to give notice stating the estimated
cost per square foot of all land within the district and refer
persons interested to the books of the treasurer, and fixing the
date for a hearing on such assessment roll. Notice of such
hearing shall be given by the city or town clerk in the form
and manner required in the preceding proviso. The treasurer
shall be present at the hearing and shall note any changes on
his or her books. The legislative authority shall have the
same right to make changes in the assessment roll as in an
original assessment, and after all changes have been made it
shall, by ordinance, confirm the assessment and direct the
treasurer to extend it on the books of his or her office. [2009
c 549 § 2132; 1965 c 130 § 3; 1965 c 7 § 35.92.260. Prior:
1915 c 112 § 5; RRS § 9499. Formerly RCW 80.40.260.]
35.92.263
35.92.263 Acquisition of water rights—Water rights
acquired by purchase of shares in water users’ association or corporation—Authority to acquire and hold
shares. Whenever the public interest, welfare, convenience
and necessity require that a city or town acquire water rights
for the purposes set forth in RCW 35.92.220, as now or hereafter amended, and that such water rights be acquired through
the purchases of shares in a water users’ association or corporation, such city or town shall have full authority and power
to acquire, or to hold in trust, such shares as shall be necessary for said purposes. [1965 c 130 § 4.]
35.92.265
35.92.265 Acquisition of water rights—Existing local
improvement districts validated—Debts, obligations,
assessments, etc., declared legal and valid. Each and all of
the respective areas of land heretofore organized into local
improvement assessment districts for irrigation or domestic
water supply purposes including all areas annexed thereto,
under the provisions of chapter 112, Laws of 1915, codified
as RCW 35.92.220-35.92.260, whether organized by or
within a city or town other than a city of the first class or by
or within a city of the first class, are hereby validated and
declared to be duly existing local improvement districts having the respective boundaries set forth in their organization or
(2010 Ed.)
35.92.290
annexation proceedings as shown by the files in the office of
the clerk of the city or town in which formed. All debts, contracts and obligations heretofore made or incurred by or in
favor of any such local improvement district and any and all
assessments or levies and all other things and proceedings
done or taken by the city or town within, and by which such
districts were organized, under or in pursuance of such organization, and under or in pursuance of the levy and collection
of special assessments by the city or town to pay the whole or
any part of the cost and expense or upkeep, repair, reconstruction, operation and maintenance of such local improvement districts and any expense incident to said purposes are
hereby declared legal and valid and in full force and effect.
[1965 c 130 § 5.]
35.92.270 Passenger transportation systems—
Authority to make studies—Contracts with and acquisition of privately owned systems. Every passenger transportation system owned by a municipal corporation may:
(1) Engage in planning, studies and surveys with respect
to areas within and beyond the corporate boundaries of such
municipal corporation, in order to develop a sound factual
basis for any possible future adjustment or expansion of such
municipally owned passenger transportation system;
(2) Purchase or lease privately owned passenger transportation systems: PROVIDED, That such purchases shall
not, per se, extend the area of service of such municipally
owned passenger transportation system;
(3) Contract with privately owned passenger transportation systems in order to provide adequate service in the service area of the municipal transportation system. [1965 c 7 §
35.92.270. Prior: 1957 c 114 § 1. Formerly RCW 80.40.270.]
35.92.270
35.92.275 Assumption of obligations of private pension plan when urban transportation system acquired.
See RCW 54.04.160.
35.92.275
35.92.280 Cities over one hundred fifty thousand,
joint undertaking with P.U.D. as to electric utility properties—"Electric utility properties" defined. As used in
RCW 35.92.280 through 35.92.310 "electric utility properties" shall mean any and all permits, licenses, property rights,
water rights and any and all works, plants, dams, powerhouses, transmission lines, switchyards, substations, property
and facilities of every kind and character which may be used,
or may be useful, in the generation and transmission of electric power and energy, produced by water power, steam or
any other methods. [1965 c 7 § 35.92.280. Prior: 1957 c 287
§ 1. Formerly RCW 80.40.280.]
35.92.280
35.92.290 Cities over one hundred fifty thousand,
joint undertaking with P.U.D. as to electric utility properties—Agreements. Any city or town with a population over
one hundred fifty thousand within the state of Washington
owning an electric public utility is authorized to cooperate
with any public utility district within this state in the joint
acquisition, purchase, construction, ownership, maintenance
and operation, within or without the respective limits of any
such city or town or public utility district, of electric utility
properties. The respective governing bodies of any such city
35.92.290
[Title 35 RCW—page 315]
35.92.300
Title 35 RCW: Cities and Towns
or town and of any such public utility district desiring to
cooperate in the joint ownership, maintenance and operation
of electric utility properties pursuant to the authority contained in RCW 35.92.280 through 35.92.310, shall by mutual
agreement provide for such joint ownership, maintenance
and operation. Such agreement shall prescribe the rights and
property interest which the parties thereto shall have in such
electric utility properties, which property interest may be
either divided or undivided; and shall further provide for the
rights of the parties thereto in the ownership and disposition
of the power and energy produced by such electric utility
properties, and for the operation and management thereof.
[1965 c 7 § 35.92.290. Prior: 1957 c 287 § 2. Formerly RCW
80.40.290.]
35.92.300 Cities over one hundred fifty thousand,
joint undertaking with P.U.D. as to electric utility properties—Financing. Any city or town and any public utility district cooperating under the provisions of RCW 35.92.280
through 35.92.310 may, without an election or other proceedings under any existing law, contribute money and property,
both real and personal, to any joint undertaking pursuant
hereto, and may issue and sell revenue bonds to pay its
respective share of the costs of acquisition and construction
of such electric utility properties. Such bonds shall be issued
under the provisions of applicable laws authorizing the issuance of revenue bonds for the acquisition and construction of
electric public utility properties by cities, towns and public
utility districts, as the case may be. [1965 c 7 § 35.92.300.
Prior: 1957 c 287 § 3. Formerly RCW 80.40.300.]
35.92.300
Revenue bonds and warrants issued by
cities and towns to finance acquisition of public utilities: RCW 35.92.100.
public utility districts: Chapter 54.24 RCW.
35.92.310 Cities over one hundred fifty thousand,
joint undertaking with P.U.D. as to electric utility properties—Authority granted is additional power. The authority and power granted by RCW 35.92.280 through 35.92.310
is an additional grant of power to cities, towns, and public
utility districts to acquire and operate electric public utilities,
and the provisions hereof shall be construed liberally to
effectuate the authority herein conferred, and no restriction or
limitation prescribed in any other law shall prohibit the cities,
towns and public utility districts of this state from exercising
the authority herein conferred: PROVIDED, That nothing in
RCW 35.92.280 through 35.92.310 shall authorize any public
utility district or city cooperating under the provisions of
RCW 35.92.280 through 35.92.310 to condemn any property
owned or operated by any privately owned utility. [1965 c 7
§ 35.92.310. Prior: 1957 c 287 § 4. Formerly RCW
80.40.310.]
35.92.310
35.92.350 Electrical construction or improvement—
Bid proposals—Contract proposal forms—Conditions
for issuance—Refusal—Appeal. Any city or town owning
an electrical utility shall require that bid proposals upon any
electrical construction or improvement shall be made upon
contract proposal form supplied by the governing authority of
such utility, and in no other manner. The governing authority
shall, before furnishing any person, firm or corporation desiring to bid upon any electrical work with a contract proposal
35.92.350
[Title 35 RCW—page 316]
form, require from such person, firm or corporation, answers
to questions contained in a standard form of questionnaire
and financial statement, including a complete statement of
the financial ability and experience of such person, firm, or
corporation in performing electrical work. Such questionnaire shall be sworn to before a notary public or other person
authorized to take acknowledgment of deeds, and shall be
submitted once a year and at such other times as the governing authority may require. Whenever the governing authority
is not satisfied with the sufficiency of the answers contained
in such questionnaire and financial statement or whenever the
governing authority determines that such person, firm, or corporation does not meet all of the requirements hereinafter set
forth it may refuse to furnish such person, firm or corporation
with a contract proposal form and any bid proposal of such
person, firm or corporation must be disregarded. In order to
obtain a contract proposal form, a person, firm or corporation
shall have all of the following requirements:
(1) Adequate financial resources, or the ability to secure
such resources;
(2) The necessary experience, organization, and technical qualifications to perform the proposed contract;
(3) The ability to comply with the required performance
schedule taking into consideration all of its existing business
commitments;
(4) A satisfactory record of performance, integrity, judgment, and skills; and
(5) Be otherwise qualified and eligible to receive an
award under applicable laws and regulations.
Such refusal shall be conclusive unless appeal therefrom
to the superior court of the county where the utility district is
situated or Thurston county be taken within fifteen days,
which appeal shall be heard summarily within ten days after
the same is taken and on five days’ notice thereof to the governing authority of the utility. [1971 ex.s. c 220 § 1.]
35.92.355 Energy conservation—Legislative findings. The conservation of energy in all forms and by every
possible means is found and declared to be a public purpose
of highest priority. The legislature further finds and declares
that all municipal corporations, quasi municipal corporations,
and other political subdivisions of the state which are
engaged in the generation, sale, or distribution of energy
should be granted the authority to develop and carry out programs which will conserve resources, reduce waste, and
encourage more efficient use of energy by consumers.
In order to establish the most effective statewide program for energy conservation, the legislature hereby encourages any company, corporation, or association engaged in
selling or furnishing utility services to assist their customers
in the acquisition and installation of materials and equipment,
for compensation or otherwise, for the conservation or more
efficient use of energy. The use of appropriate tree plantings
for energy conservation is encouraged as part of these programs. [1993 c 204 § 5; 1979 ex.s. c 239 § 1.]
35.92.355
Findings—1993 c 204: See note following RCW 35.92.390.
Additional notes found at www.leg.wa.gov
35.92.360 Energy conservation plan—Financing
authorized for energy conservation projects in structures
35.92.360
(2010 Ed.)
Municipal Utilities
or equipment—Limitations. (1) Any city or town engaged
in the generation, sale, or distribution of energy is hereby
authorized, within limits established by the Constitution of
the state of Washington, to assist the owners of structures or
equipment in financing the acquisition and installation of
materials and equipment, for compensation or otherwise, for
the conservation or more efficient use of energy in such structures or equipment pursuant to an energy conservation plan
adopted by the city or town if the cost per unit of energy
saved or produced by the use of such materials and equipment is less than the cost per unit of energy produced by the
next least costly new energy resource which the city or town
could acquire to meet future demand. Any financing authorized under this chapter shall only be used for conservation
purposes in existing structures, and such financing shall not
be used for any purpose which results in a conversion from
one energy source to another. For the purposes of this section, "conservation purposes in existing structures" may
include projects to allow a municipal electric utility’s customers to generate all or a portion of their own electricity
through the on-site installation of a distributed electricity
generation system that uses as its fuel solar, wind, geothermal, or hydropower, or other renewable resource that is available on-site and not from a commercial source. Such projects
shall not be considered "a conversion from one energy source
to another" which is limited to the change or substitution of
one commercial energy supplier for another commercial
energy supplier. Except where otherwise authorized, such
assistance shall be limited to:
(a) Providing an inspection of the structure or equipment, either directly or through one or more inspectors under
contract, to determine and inform the owner of the estimated
cost of purchasing and installing conservation materials and
equipment for which financial assistance will be approved
and the estimated life cycle savings in energy costs that are
likely to result from the installation of such materials or
equipment;
(b) Providing a list of businesses who sell and install
such materials and equipment within or in close proximity to
the service area of the city or town, each of which businesses
shall have requested to be included and shall have the ability
to provide the products in a workmanlike manner and to utilize such materials in accordance with the prevailing national
standards;
(c) Arranging to have approved conservation materials
and equipment installed by a private contractor whose bid is
acceptable to the owner of the residential structure and verifying such installation; and
(d) Arranging or providing financing for the purchase
and installation of approved conservation materials and
equipment. Such materials and equipment shall be purchased
from a private business and shall be installed by a private
business or the owner.
(2) Pay back shall be in the form of incremental additions to the utility bill, billed either together with use charge
or separately. Loans shall not exceed two hundred forty
months in length. [2009 c 416 § 1; 2002 c 276 § 2; 1989 c
268 § 1; 1979 ex.s. c 239 § 2.]
Findings—Intent—2002 c 276: "The legislature finds that energy conservation can take many useful and cost-effective forms, and that the types of
conservation projects available to utilities and customers evolve with time as
(2010 Ed.)
35.92.390
technologies are developed and market conditions change. In some cases,
electricity conservation projects are most cost-effective when they reduce
the total amount of electricity consumed by an individual customer, and in
other cases they can be cost-effective by reducing the amount of electricity a
customer needs to purchase from an electric utility.
The legislature intends to encourage and support a broad array of costeffective energy conservation by electric utilities and customers alike by
clarifying that public utilities may assist in the financing of projects that
allow customers to generate their own electricity from renewable resources
that do not depend on commercial sources of fuel thereby reducing the
amount of electricity a public utility needs to generate or acquire on their
customers’ behalf." [2002 c 276 § 1.]
Additional notes found at www.leg.wa.gov
35.92.365 Tariff for irrigation pumping service—
Authority to buy back electricity. The council or board
may approve a tariff for irrigation pumping service that
allows the municipal utility to buy back electricity from customers to reduce electricity usage by those customers during
the municipal utility’s particular irrigation season. [2001 c
122 § 3.]
35.92.365
Effective date—2001 c 122: See note following RCW 80.28.310.
35.92.370 Lease of real property under electrical
transmission lines for private gardening purposes. A city
or town owning facilities for the purpose of furnishing the
city or town and its inhabitants with electricity may lease for
private gardening purposes the real property under its electrical transmission and distribution lines for a nominal rent to
any person who has an income of less than ten thousand dollars per year. [1981 c 100 § 1.]
35.92.370
35.92.380 Waiver or delay of collection of tap-in
charges, connection or hookup fees for low income persons. Whenever a city or town waives or delays collection of
tap-in charges, connection fees, or hookup fees for low
income persons, or class of low income persons, to connect to
lines or pipes used by the city or town to provide utility service, the waiver or delay shall be pursuant to a program established by ordinance. As used in this section, the provision of
"utility service" includes, but is not limited to, water, sanitary
or storm sewer service, electricity, gas, other means of power,
and heat. [1980 c 150 § 1.]
35.92.380
35.92.390 Municipal utilities encouraged to provide
customers with landscaping information and to request
voluntary donations for urban forestry. (1) Municipal
utilities under this chapter are encouraged to provide information to their customers regarding landscaping that includes
tree planting for energy conservation.
(2)(a) Municipal utilities under this chapter are encouraged to request voluntary donations from their customers for
the purposes of urban forestry. The request may be in the
form of a check-off on the billing statement or other form of
request for a voluntary donation.
(b) Voluntary donations collected by municipal utilities
under this section may be used by the municipal utility to:
(i) Support the development and implementation of evergreen community ordinances, as that term is defined in RCW
35.105.010, for cities, towns, or counties within their service
areas; or
35.92.390
[Title 35 RCW—page 317]
35.92.400
Title 35 RCW: Cities and Towns
(ii) Complete projects consistent with the model evergreen community management plans and ordinances developed under RCW 35.105.050.
(c) Donations received under this section do not contribute to the gross income of a light and power business or gas
distribution business under chapter 82.16 RCW. [2008 c 299
§ 19; 1993 c 204 § 2.]
Short title—2008 c 299: See note following RCW 35.105.010.
Findings—1993 c 204: "The legislature finds that large-scale reduction
of tree cover increases the temperature of urban areas, known as the "heat
island effect." Planting trees in urban areas for shading and cooling mitigates the urban heat island effect and reduces energy consumption. Tree
planting also can benefit the environment by combating global climate
change, reducing soil erosion, and improving air quality. Urban forestry programs can improve urban aesthetics that will improve public and private
property values.
The legislature also finds that urban forestry programs should consider
the relationship between urban forests and public service facilities such as
water, sewer, natural gas, telephone, and electric power lines. Urban forestry
programs should promote the use of appropriate tree species that will not
interfere with or cause damage to such public service facilities." [1993 c 204
§ 1.]
35.92.400 Provision of water services and facilities—
Contract with Canadian corporation. A city or town contiguous with Canada may contract with a Canadian corporation for the purchase of water and for the construction, purchase, maintenance, and supply of waterworks to furnish the
city or town and other areas within its water service area, and
inhabitants thereof, and residents of Canada with an ample
supply of water. [1999 c 61 § 1.]
35.92.400
35.92.410 Provision of sewer services and facilities—
Contract with Canadian corporation. A city or town contiguous with Canada may contract with a Canadian corporation for the discharge of sewage from all or any portion of the
city’s or town’s sewer service area into the sewer system of
the Canadian corporation. A city or town contiguous with
Canada may contract with a Canadian corporation for the
construction, operation, or maintenance of sewers and sewage treatment and disposal facilities for their joint use and
benefit upon such terms and conditions and for such period of
time as the contracting parties may determine, which may
include vesting one of the contracting parties with the sole
authority to construct, operate, or maintain the facilities with
the other contracting party or parties paying an agreed-upon
portion of the expenses to the party with sole authority to
construct, operate, or maintain the facilities. [1999 c 61 § 2.]
35.92.410
35.92.420 Purchase of electric power and energy
from joint operating agency. A city or town may contract
to purchase from a joint operating agency electric power and
energy required for its present or future requirements. For
projects the output of which is limited to qualified alternative
energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to
produce electricity in addition to the actual output of the
projects. The contract may provide that the city or town must
make the payments required by the contract whether or not a
project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction,
or curtailment of the output of a project or the power and
energy contracted for. The contract may also provide that
35.92.420
[Title 35 RCW—page 318]
payments under the contract are not subject to reduction,
whether by offset or otherwise, and shall not be conditioned
upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the
contract or other instrument. [2003 c 138 § 3.]
35.92.430 Environmental mitigation activities. (1) A
city or town authorized to acquire and operate utilities for the
purpose of furnishing the city or town and its inhabitants and
other persons with water, with electricity for lighting and
other purposes, or with service from sewerage, storm water,
surface water, or solid waste handling facilities, may develop
and make publicly available a plan to reduce its greenhouse
gases emissions or achieve no-net emissions from all sources
of greenhouse gases that the utility owns, leases, uses, contracts for, or otherwise controls.
(2) A city or town authorized to acquire and operate utilities for the purpose of furnishing the city or town and its
inhabitants and other persons with water, with electricity for
lighting and other purposes, or with service from sewerage,
storm water, surface water, or solid waste handling facilities,
may, as part of its utility operation, mitigate the environmental impacts, such as greenhouse gases emissions, of its operation, including any power purchases. The mitigation may
include, but is not limited to, those greenhouse gases mitigation mechanisms recognized by independent, qualified organizations with proven experience in emissions mitigation
activities. Mitigation mechanisms may include the purchase,
trade, and banking of greenhouse gases offsets or credits. If
a state greenhouse gases registry is established, a utility that
has purchased, traded, or banked greenhouse gases mitigation
mechanisms under this section shall receive credit in the registry. [2007 c 349 § 2.]
35.92.430
Finding—Intent—2007 c 349 § 2: "The legislature finds and declares
that greenhouse gases offset contracts, credits, and other greenhouse gases
mitigation efforts are a recognized utility purpose that confers a direct benefit on the utility’s ratepayers. The legislature declares that section 2 of this
act is intended to reverse the result of Okeson v. City of Seattle (January 18,
2007), by expressly granting municipal utilities the statutory authority to
engage in mitigation activities to offset their utility’s impact on the environment." [2007 c 349 § 1.]
35.92.440 Production and distribution of biodiesel,
ethanol, and ethanol blend fuels—Crop purchase contracts for dedicated energy crops. In addition to any other
authority provided by law, municipal utilities are authorized
to produce and distribute biodiesel, ethanol, and ethanol
blend fuels, including entering into crop purchase contracts
for a dedicated energy crop for the purpose of generating
electricity or producing biodiesel produced from Washington
feedstocks, cellulosic ethanol, and cellulosic ethanol blend
fuels for use in internal operations of the electric utility and
for sale or distribution. [2007 c 348 § 209.]
35.92.440
Findings—Part headings not law—2007 c 348: See RCW 43.325.005
and 43.325.903.
Chapter 35.94 RCW
SALE OR LEASE OF MUNICIPAL UTILITIES
Chapter 35.94
Sections
35.94.010
35.94.020
Authority to sell or let.
Procedure.
(2010 Ed.)
Public Transportation Systems in Municipalities
35.94.030
35.94.040
35.94.050
Execution of lease or conveyance.
Lease or sale of land or property originally acquired for public
utility purposes.
Application of chapter to certain service provider agreements
under chapter 70.150 RCW.
35.94.010 Authority to sell or let. A city may lease for
any term of years or sell and convey any public utility works,
plant, or system owned by it or any part thereof, together with
all or any equipment and appurtenances thereof. [1965 c 7 §
35.94.010. Prior: 1917 c 137 § 1; RRS § 9512. Cf. 1907 c 86
§§ 1-3; 1897 c 106 §§ 1-4. Formerly RCW 80.48.010.]
35.94.010
35.94.020 Procedure. The legislative authority of the
city, if it deems it advisable to lease or sell the works, plant,
or system, or any part thereof, shall adopt a resolution stating
whether it desires to lease or sell. If it desires to lease, the
resolution shall state the general terms and conditions of the
lease, but not the rent. If it desires to sell the general terms of
sale shall be stated, but not the price. The resolution shall
direct the city clerk, or other proper official, to publish the
resolution not less than once a week for four weeks in the
official newspaper of the city, together with a notice calling
for sealed bids to be filed with the clerk or other proper official not later than a certain time, accompanied by a certified
check payable to the order of the city, for such amount as the
resolution shall require, or a deposit of a like sum in money.
Each bid shall state that the bidder agrees that if his or her bid
is accepted and he or she fails to comply therewith within the
time hereinafter specified, the check or deposit shall be forfeited to the city. If bids for a lease are called for, bidders
shall bid the amount to be paid as the rent for each year of the
term of the lease. If bids for a sale are called for, the bids
shall state the price offered. The legislative authority of the
city may reject any or all bids and accept any bid which it
deems best. At the first meeting of the legislative authority of
the city held after the expiration of the time fixed for receiving bids, or at some later meeting, the bids shall be considered. In order for the legislative authority to declare it advisable to accept any bid it shall be necessary for two-thirds of
all the members elected to the legislative authority to vote in
favor of a resolution making the declaration. If the resolution
is adopted it shall be necessary, in order that the bid be
accepted, to enact an ordinance accepting it and directing the
execution of a lease or conveyance by the mayor and city
clerk or other proper official. The ordinance shall not take
effect until it has been submitted to the voters of the city for
their approval or rejection at the next general election or at a
special election called for that purpose, and a majority of the
voters voting thereon have approved it. If approved it shall
take effect as soon as the result of the vote is proclaimed by
the mayor. If it is so submitted and fails of approval, it shall
be rejected and annulled. The mayor shall proclaim the vote
as soon as it is properly certified. [2009 c 549 § 2133; 1985
c 469 § 40; 1965 c 7 § 35.94.020. Prior: 1917 c 137 § 2; RRS
§ 9513. Cf. 1907 c 86 §§ 1-3; 1897 c 106 §§ 1-4. Formerly
RCW 80.48.020.]
Chapter 35.95
of the city, the lease or conveyance directed thereby. The lessee or grantee shall accept and execute the instrument within
ten days after notice of its execution by the city or forfeit to
the city, the amount of the check or deposit accompanying his
or her bid: PROVIDED, That if litigation in good faith is
instituted within ten days to determine the rights of the parties, no forfeiture shall take place unless the lessee or grantee
fails for five days after the termination of the litigation in
favor of the city to accept and execute the lease or conveyance. [2009 c 549 § 2134; 1965 c 7 § 35.94.030. Prior: 1917
c 137 § 3; RRS § 9514. Cf. 1907 c 86 §§ 1-3; 1897 c 106 §§
1-4. Formerly RCW 80.48.030.]
35.94.020
35.94.040 Lease or sale of land or property originally
acquired for public utility purposes. Whenever a city shall
determine, by resolution of its legislative authority, that any
lands, property, or equipment originally acquired for public
utility purposes is surplus to the city’s needs and is not
required for providing continued public utility service, then
such legislative authority by resolution and after a public
hearing may cause such lands, property, or equipment to be
leased, sold, or conveyed. Such resolution shall state the fair
market value or the rent or consideration to be paid and such
other terms and conditions for such disposition as the legislative authority deems to be in the best public interest.
The provisions of RCW 35.94.020 and 35.94.030 shall
not apply to dispositions authorized by this section. [1973 1st
ex.s. c 95 § 1.]
35.94.040
35.94.050 Application of chapter to certain service
provider agreements under chapter 70.150 RCW. This
chapter does not apply to dispositions of utility property in
connection with an agreement entered into pursuant to chapter 70.150 RCW provided there is compliance with the procurement procedure under RCW 70.150.040. [1986 c 244 §
11.]
35.94.050
Additional notes found at www.leg.wa.gov
Chapter 35.95
Chapter 35.95 RCW
PUBLIC TRANSPORTATION SYSTEMS
IN MUNICIPALITIES
Sections
35.95.010
35.95.020
35.95.030
35.95.040
35.95.050
35.95.060
35.95.070
35.95.080
35.95.090
35.95.100
35.95.900
Declaration of intent and purpose.
Definitions.
Appropriation of funds for transportation systems authorized—Referendum.
Levy and collection of excise taxes authorized—Business and
occupation tax—Excise tax on residents—Appropriation
and use of proceeds—Voter approval.
Collection of tax—Billing.
Funds derived from taxes—Restrictions on classification, etc.
Purchase of leased public transportation system—Purchase
price.
Referendum rights not impaired.
Corporate authorities may refer ordinance levying tax to voters.
Public transportation systems.
Severability—1965 ex.s. c 111.
Elections: Title 29A RCW.
Contracts between political subdivisions for services or use of public transportation systems: RCW 39.33.050.
35.94.030 Execution of lease or conveyance. Upon the
taking effect of the ordinance the mayor and the city clerk or
other proper official shall execute, in the name and on behalf
Local sales and use taxes for financing public transportation systems: RCW
82.14.045 through 82.14.060.
35.94.030
(2010 Ed.)
Public transportation systems: RCW 35.58.272 through 35.58.2794.
[Title 35 RCW—page 319]
35.95.010
Title 35 RCW: Cities and Towns
35.95.010
35.95.010 Declaration of intent and purpose. We, the
legislature find that an increasing number of municipally
owned, or leased, and operated transportation systems in the
urban areas of the state of Washington, as in the nation, are
finding it impossible, from the revenues derived from tolls,
tariffs and fares, to maintain the financial solvency of such
systems, and as a result thereof such municipalities have been
forced to subsidize such systems to the detriment of other
essential public services.
All persons in a community benefit from a solvent and
adequate public transportation system, either directly or indirectly, and the responsibility of financing the operation,
maintenance, and capital needs of such systems is a community obligation and responsibility which should be shared by
all.
We further find and declare that the maintenance and
operation of an adequate public transportation system is an
absolute necessity and is essential to the economic, industrial
and cultural growth, development and prosperity of a municipality and of the state and nation, and to protect the health
and welfare of the residents of such municipalities and the
public in general.
We further find and declare that the appropriation of
general funds and levying and collection of taxes by such
municipalities as authorized in the succeeding sections of this
chapter is necessary, and any funds so derived and expended
are for a public purpose for which public funds may properly
be used. [1969 ex.s. c 255 § 1; 1965 ex.s. c 111 § 1.]
Additional notes found at www.leg.wa.gov
35.95.020
35.95.020 Definitions. The following terms however
used or referred to in this chapter, shall have the following
meanings, unless a different meaning is required by the context:
(1) "Corporate authority" shall mean the council or other
legislative body of a municipality.
(2) "Municipality" shall mean any incorporated city,
town, county pursuant to RCW 36.57.100 and 36.57.110, any
county transportation authority created pursuant to chapter
36.57 RCW, any public transportation benefit area created
pursuant to chapter 36.57A RCW, or any metropolitan
municipal corporation created pursuant to RCW 35.58.010,
et seq: PROVIDED, That the term "municipality" shall mean
in respect to any county performing the public transportation
function pursuant to RCW 36.57.100 and 36.57.110 only that
portion of the unincorporated area lying wholly within such
unincorporated transportation benefit area.
(3) "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association, school district or political subdivision of the state, fraternal, benevolent, religious or charitable society, club or
organization, and shall include any trustee, receiver,
assignee, or other person acting in a similar representative
capacity. The term "person" shall not be construed to include
the United States nor the state of Washington. [1975 1st ex.s.
c 270 § 3; 1969 ex.s. c 255 § 2; 1967 ex.s. c 145 § 65; 1965
ex.s. c 111 § 2.]
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 320]
35.95.030 Appropriation of funds for transportation
systems authorized—Referendum. The corporate authorities of any municipality are authorized to appropriate general
funds for the operation, maintenance, and capital needs of
municipally owned or leased and municipally operated public
transportation systems subject to the right of referendum as
provided by statute or charter. [1965 ex.s. c 111 § 3.]
35.95.030
35.95.040 Levy and collection of excise taxes authorized—Business and occupation tax—Excise tax on residents—Appropriation and use of proceeds—Voter
approval. The corporate authorities of a municipality are
authorized to adopt ordinances for the levy and collection of
excise taxes and/or for the imposition of an additional tax for
the act or privilege of engaging in business activities. Such
business and occupation tax shall be imposed in such
amounts as fixed and determined by the corporate authorities
of the municipality and shall be measured by the application
of rates against value of products, gross proceeds of sales, or
gross income of the business, as the case may be. The terms
"business", "engaging in business", "gross proceeds of sales",
and "gross income of the business" shall for the purpose of
this chapter have the same meanings as defined and set forth
in chapter 82.04 RCW or as said chapter may hereafter be
amended.
The excise taxes other than the business and occupation
tax above provided for shall be levied and collected from all
persons within the municipality in such amounts as shall be
fixed and determined by the corporate authorities of the
municipality: PROVIDED, That such excise tax shall not
exceed one dollar per month for each housing unit. For the
purposes of this section, the term "housing unit" shall mean a
building or portion thereof designed for or used as the residence or living quarters of one or more persons living
together, or of one family.
All taxes herein authorized shall be taxes other than a
retail sales tax defined in chapter 82.08 RCW and a use tax
defined in chapter 82.12 RCW, and the municipality shall
appropriate and use the proceeds derived from all taxes
authorized herein only for the operation, maintenance and
capital needs of its municipally owned or leased and municipally operated public transportation system.
Before any county transportation authority established
pursuant to chapter 36.57 RCW or any public transportation
benefit area authority established pursuant to chapter 36.57A
RCW may impose any of the excise taxes authorized pursuant to this section, the authorization for imposition of such
taxes shall be approved by the voters residing within such
respective area.
The county on behalf of an unincorporated transportation benefit area established pursuant to RCW 36.57.100 and
36.57.110 may impose any of the excise taxes authorized
pursuant to this section only within the boundaries of such
unincorporated transportation benefit area. [1975 1st ex.s. c
270 § 4; 1965 ex.s. c 111 § 4.]
35.95.040
Municipal taxation of motor carriers of freight for hire: RCW 35.21.840.
Additional notes found at www.leg.wa.gov
35.95.050 Collection of tax—Billing. The tax levied
under the provisions of RCW 35.95.040 shall be billed and
35.95.050
(2010 Ed.)
City Transportation Authority—Monorail Transportation
collected at such times and in the manner fixed and determined by the corporate authorities in an ordinance levying
the tax: PROVIDED, That the tax shall be designated and
identified as a tax to be used solely for the operation, maintenance, and capital needs of the municipally owned or leased
and municipally operated public transit system: AND PROVIDED FURTHER, That the corporate authorities may in
connection with municipally owned or leased transit systems
enter into contracts covering the operation and maintenance
of such systems, including the employment of personnel.
[1967 ex.s. c 145 § 66; 1965 ex.s. c 111 § 5.]
Additional notes found at www.leg.wa.gov
35.95.060
35.95.060 Funds derived from taxes—Restrictions on
classification, etc. No funds derived from any tax levied
under the provisions of this chapter shall, for any purpose
whatsoever, be classified as or constitute income, earnings, or
revenue of the public transportation system for which the tax
is levied nor of any other public utility owned or leased and
operated by such municipality; nor shall such funds constitute or be classified as any part of the rate structure or rate
charged for the public utility. [1965 ex.s. c 111 § 6.]
35.95.070
35.95.070 Purchase of leased public transportation
system—Purchase price. In the event the corporate authorities of any municipality during the term of a lease or any
renewal thereof of a public transportation system desire to
purchase the said system, the purchase price shall be no
greater than the fair market value of the said system at the
commencement of the lease. [1965 ex.s. c 111 § 7.]
Authority to acquire and operate transportation facilities: RCW 35.92.060.
35.95.080
35.95.080 Referendum rights not impaired. Nothing
contained in this chapter nor the provisions of any city charter
shall prevent a referendum on any ordinance or action
adopted or taken by any municipality under the provisions of
this chapter. [1965 ex.s. c 111 § 8.]
35.95A.030
Chapter 35.95A RCW
CITY TRANSPORTATION AUTHORITY—
MONORAIL TRANSPORTATION
Chapter 35.95A
Sections
35.95A.010
35.95A.020
35.95A.030
35.95A.040
35.95A.050
35.95A.060
35.95A.070
35.95A.080
35.95A.090
35.95A.100
35.95A.110
35.95A.120
35.95A.130
35.95A.140
Definitions.
Creation of authority—Vote of the people.
Creation by ordinance—Proposal by petition.
Authority subject to standard requirements of governmental
entity.
Powers.
Funds and accounts—Designation of treasurer.
Excess levies—General obligation bonds—Revenue bonds.
Special excise tax—Public hearings.
Vehicle license fees—Vote of the people.
Property tax levies.
Taxes and fees—Limitation on use.
Dissolution of authority.
Special excise tax—Collection.
Requirements for signage.
35.95A.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Authority" means a city transportation authority created pursuant to chapter 248, Laws of 2002.
(2) "Authority area" means the territory within a city as
designated in the ordinance creating the authority.
(3) "Bonds" means bonds, notes, or other evidences of
indebtedness.
(4) "Public monorail transportation function" means the
transportation of passengers and their incidental baggage by
means of public monorail transportation facilities as authorized in this chapter.
(5) "Public monorail transportation facilities" means a
transportation system that utilizes train cars running on a
guideway, together with the necessary passenger stations, terminals, parking facilities, related facilities or other properties, and facilities necessary and appropriate for passenger
and vehicular access to and from people-moving systems, not
including fixed guideway light rail systems.
(6) "Qualified elector" means any person registered to
vote within the city boundaries. [2002 c 248 § 1.]
35.95A.010
35.95A.020 Creation of authority—Vote of the people. (1) A city transportation authority to perform a public
monorail transportation function may be created in every city
with a population greater than three hundred thousand to perform a public monorail transportation function. The authority
shall embrace all the territory in the authority area. A city
transportation authority is a municipal corporation, an independent taxing "authority" within the meaning of Article 7,
section 1 of the state Constitution, and a "taxing district"
within the meaning of Article 7, section 2 of the state Constitution.
(2) Any city transportation authority and proposed taxes
established pursuant to this chapter, either by ordinance or
petition as provided in this chapter, must be approved by a
majority vote of the electors residing within the proposed
authority area voting at a regular or special election. [2002 c
248 § 2.]
35.95A.020
35.95.090
35.95.090 Corporate authorities may refer ordinance
levying tax to voters. The corporate authorities of a municipality adopting an ordinance for the levy and collection of an
excise tax or additional tax as provided in RCW 35.95.040
may refer such ordinance to the voters of the municipality
before making such ordinance effective. [1967 ex.s. c 145 §
67.]
Additional notes found at www.leg.wa.gov
35.95.100
35.95.100 Public transportation systems.
35.58.272 through 35.58.2794.
35.95.900
See RCW
35.95.900 Severability—1965 ex.s. c 111. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1965 ex.s. c 111 § 9.]
(2010 Ed.)
35.95A.030 Creation by ordinance—Proposal by
petition. (1) A city that undertakes to propose creation of an
35.95A.030
[Title 35 RCW—page 321]
35.95A.040
Title 35 RCW: Cities and Towns
authority must propose the authority by ordinance of the city
legislative body. The ordinance must:
(a) Propose the authority area and the size and method of
selection of the governing body of the authority, which governing body may be appointed or elected, provided that officers or employees of any single city government body may not
compose a majority of the members of the authority’s governing body;
(b) Propose whether all or a specified portion of the public monorail transportation function will be exercised by the
authority;
(c) Propose an initial array of taxes to be voted upon by
the electors within the proposed authority area; and
(d) Provide for an interim governing body of the authority which will govern the authority upon voter approval of
formation of the authority, until a permanent governing body
is selected, but in no event longer than fourteen months.
(2) An authority may also be proposed to be created by a
petition setting forth the matters described in subsection (1)
of this section, and signed by one percent of the qualified
electors of the proposed authority area.
(3) Upon approval by the qualified electors of the formation of the city transportation authority and any proposed
taxes, either by ordinance or by petition as provided in this
chapter, the governing body of an authority, or interim governing body, as applicable, will adopt bylaws determining,
among other things, the authority’s officers and the method
of their selection, and other matters the governing body
deems appropriate. [2002 c 248 § 3.]
35.95A.040 Authority subject to standard requirements of governmental entity. The authority is subject to
all standard requirements of a governmental entity pursuant
to RCW 35.21.759. [2002 c 248 § 4.]
35.95A.040
35.95A.050 Powers. Every authority has the following
powers:
(1) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of public monorail transportation facilities, including passenger terminal and parking
facilities and properties, and other facilities and properties as
may be necessary for passenger and vehicular access to and
from public monorail transportation facilities, together with
all lands, rights-of-way, and property within or outside the
authority area, and together with equipment and accessories
necessary or appropriate for these facilities, except that property, including but not limited to other types of public transportation facilities, that is owned by any city, county, county
transportation authority, public transportation benefit area,
metropolitan municipal corporation, or regional transit
authority may be acquired or used by an authority only with
the consent of the public entity owning the property. The
entities are authorized to convey or lease property to an
authority or to contract for their joint use on terms fixed by
agreement between the entity and the authority;
(2) To fix rates, tolls, fares, and charges for the use of
facilities and to establish various routes and classes of service. Rates, tolls, fares, or charges may be adjusted or elimi35.95A.050
[Title 35 RCW—page 322]
nated for any distinguishable class of users including, but not
limited to, senior citizens and handicapped persons;
(3) To contract with the United States or any of its agencies, any state or any of its agencies, any metropolitan municipal corporation, and other country, city, other political subdivision or governmental instrumentality, or governmental
agency, or any private person, firm, or corporation for the
purpose of receiving any gifts or grants or securing loans or
advances for preliminary planning and feasibility studies, or
for the design, construction, operation, or maintenance of
public monorail transportation facilities as follows:
(a) Notwithstanding the provisions of any law to the contrary, and in addition to any other authority provided by law,
the governing body of a city transportation authority may
contract with one or more vendors for the design, construction, operation, or maintenance, or other service related to the
development of a monorail public transportation system
including, but not limited to, monorail trains, operating systems and control equipment, guideways, and pylons, together
with the necessary passenger stations, terminals, parking
facilities, and other related facilities necessary and appropriate for passenger and vehicular access to and from the monorail train.
(b) If the governing body of the city transportation
authority decides to proceed with the consideration of qualifications or proposals for services from qualified vendors, the
authority must publish notice of its requirements and request
submission of qualifications statements or proposals. The
notice must be published in the official newspaper of the city
creating the authority at least once a week for two weeks, not
less than sixty days before the final date for the submission of
qualifications statements or proposals. The notice must state
in summary form: (i) The general scope and nature of the
design, construction, operation, maintenance, or other services being sought related to the development of the proposed monorail, tram, or trolley public transportation system;
(ii) the name and address of a representative of the city transportation authority who can provide further details; (iii) the
final date for the submission of qualifications statements or
proposals; (iv) an estimated schedule for the consideration of
qualifications statements or proposals, the selection of vendors, and the negotiation of a contract or contracts for services; (v) the location of which a copy of any requests for
qualifications statements or requests for proposals will be
made available; and (vi) the criteria established by the governing body of the authority to select a vendor or vendors,
which may include, but is not limited to, the vendor’s prior
experience, including design, construction, operation, or
maintenance of other similar public transportation facilities,
respondent’s management capabilities, proposed project
schedule, availability and financial resources, costs of the
services to be provided, nature of facility design proposed by
the vendors, system reliability, performance standards
required for the facilities, compatibility with existing public
transportation facilities operated by the authority or any other
public body or other providers of similar services to the public, project performance guarantees, penalties, and other
enforcement provisions, environmental protection measures
to be used by the vendor, consistency with the applicable
regional transportation plans, and the proposed allocation of
project risks.
(2010 Ed.)
City Transportation Authority—Monorail Transportation
(c) If the governing body of the city transportation
authority decides to proceed with the consideration of qualifications statements or proposals submitted by vendors, it
may designate a representative to evaluate the vendors who
submitted qualifications statements or proposals and conduct
discussions regarding qualifications or proposals with one or
more vendors. The governing body or its representative may
request submission of qualifications statements and may later
request more detailed proposals from one or more vendors
who have submitted qualifications statements, or may request
detailed proposals without having first received and evaluated qualifications statements. The governing body or its representative will evaluate the qualifications or proposals, as
applicable. If two or more vendors submit qualifications or
proposals that meet the criteria established by the governing
body of the authority, discussions and interviews must be
held with at least two vendors. Any revisions to a request for
qualifications or request for proposals must be made available to all vendors then under consideration by the governing
body of the authority and must be made available to any other
person who has requested receipt of that information.
(d) Based on the criteria established by the governing
body of the authority, the representative will recommend to
the governing body a vendor or vendors that are initially
determined to be the best qualified to provide one or more of
the design, construction, operation or maintenance, or other
service related to the development of the proposed monorail
public transportation system.
(e) The governing body of the authority or its representative may attempt to negotiate a contract with the vendor or
vendors selected for one or more of the design, construction,
operation or maintenance, or other service related to the
development of the proposed monorail public transportation
system on terms that the governing body of the authority
determines to be fair and reasonable and in the best interest of
the authority. If the governing body, or its representative, is
unable to negotiate a contract with any one or more of the
vendors first selected on terms that it determines to be fair
and reasonable and in the best interest of the authority, negotiations with any one or more of the vendors must be terminated or suspended and another qualified vendor or vendors
may be selected in accordance with the procedures set forth
in this section. If the governing body decides to continue the
process of selection, negotiations will continue with a qualified vendor or vendors in accordance with this section at the
sole discretion of the governing body of the authority until an
agreement is reached with one or more qualified vendors, or
the process is terminated by the governing body. The process
may be repeated until an agreement is reached.
(f) Prior to entering into a contract with a vendor, the
governing body of the authority must make written findings,
after holding a public hearing on the proposal, that it is in the
public interest to enter into the contract, that the contract is
financially sound, and that it is advantageous for the governing body of the authority to use this method for awarding
contracts for one or more of the design, construction, or operation or maintenance of the proposed monorail public transportation system as compared to all other methods of awarding such contracts.
(g) Each contract must include a project performance
bond or bonds or other security by the vendor.
(2010 Ed.)
35.95A.050
(h) The provisions of chapters 39.12 and 39.19 RCW
apply to a contract entered into under this section as if the
public transportation systems and facilities were owned by a
public body.
(i) The vendor selection process permitted by this section
is supplemental to and is not construed as a repeal of or limitation on any other authority granted by law.
(j) Contracts for the construction of facilities, other than
contracts for facilities to be provided by the selected vendor,
with an estimated cost greater than two hundred thousand
dollars must be awarded after a competitive bid process consistent with chapter 39.04 RCW or awarded through an alternative public works contracting procedure consistent with
chapter 39.10 RCW;
(4) To contract with the United States or any of its agencies, any state or any of its agencies, any metropolitan municipal corporation, any other county, city, other political subdivision or governmental instrumentality, any governmental
agency, or any private person, firm, or corporation for the use
by either contracting party of all or any part of the facilities,
structures, lands, interests in lands, air rights over lands, and
rights-of-way of all kinds which are owned, leased, or held by
the other party and for the purpose of planning, designing,
constructing, operating any public transportation facility, or
performing any service related to transportation which the
authority is authorized to operate or perform, on terms as may
be agreed upon by the contracting parties;
(5) To acquire any existing public transportation facility
by conveyance, sale, or lease. In any acquisition from a
county, city, or other political subdivision of the state, the
authority will receive credit from the county or city or other
political subdivision for any federal assistance and state
matching assistance used by the county or city or other political subdivision in acquiring any portion of the public transportation facility. Upon acquisition, the authority must
assume and observe all existing labor contracts relating to the
public transportation facility and, to the extent necessary for
operation of the public transportation facility, all of the
employees of the public transportation facility whose duties
are necessary to efficiently operate the public transportation
facility must be appointed to comparable positions to those
which they held at the time of the transfer, and no employee
or retired or pensioned employee of the public transportation
facility will be placed in any worse position with respect to
pension seniority, wages, sick leave, vacation, or other benefits than he or she enjoyed as an employee of the public transportation facility prior to the acquisition. Furthermore, the
authority must engage in collective bargaining with the duly
appointed representatives of any employee labor organization having existing contracts with the acquired facility and
may enter into labor contracts with the employee labor organization;
(6) To contract for, participate in, and support research,
demonstration, testing, and development of public monorail
transportation facilities, equipment, and use incentives, and
have all powers necessary to comply with any criteria, standards, and regulations which may be adopted under state and
federal law, and to take all actions necessary to meet the
requirements of those laws. The authority has, in addition to
these powers, the authority to prepare, adopt, and carry out a
comprehensive public monorail plan and to make other plans
[Title 35 RCW—page 323]
35.95A.060
Title 35 RCW: Cities and Towns
and studies and to perform programs as the authority deems
necessary to implement and comply with those laws;
(7) To establish local improvement districts within the
authority area to finance public monorail transportation facilities, to levy special assessments on property specially benefited by those facilities, and to issue local improvement bonds
to be repaid by the collection of local improvement assessments. The method of establishment, levying, collection,
enforcement, and all other matters relating to the local
improvement districts, assessments, collection, and bonds are
as provided in the statutes governing local improvement districts of cities and towns. The duties devolving upon the city
treasurer in those statutes are imposed on the treasurer of the
authority;
(8) To exercise all other powers necessary and appropriate to carry out its responsibilities, including without limitation the power to sue and be sued, to own, construct, purchase, lease, add to, and maintain any real and personal property or property rights necessary for the conduct of the affairs
of the authority, to enter into contracts, and to employ the
persons as the authority deems appropriate. An authority may
also sell, lease, convey, or otherwise dispose of any real or
personal property no longer necessary for the conduct of the
affairs of the authority. [2002 c 248 § 5.]
35.95A.060 Funds and accounts—Designation of
treasurer. Each authority will establish necessary and
appropriate funds and accounts consistent with the uniform
system of accounts developed pursuant to RCW 43.09.210.
The authority may designate a treasurer or may contract with
any city with territory within the authority area for treasury
and other financial functions. The city must be reimbursed
for the expenses of treasury services. However, no city whose
treasurer serves as treasurer of an authority is liable for the
obligations of the authority. [2002 c 248 § 6.]
35.95A.060
35.95A.070 Excess levies—General obligation
bonds—Revenue bonds. Every authority has the power to:
(1) Levy excess levies upon the property included within
the authority area, in the manner prescribed by Article VII,
section 2 of the state Constitution and by RCW 84.52.052 for
operating funds, capital outlay funds, and cumulative reserve
funds;
(2) Issue general obligation bonds, not to exceed an
amount, together with any outstanding nonvoter-approved
general obligation indebtedness equal to one and one-half
percent of the value of the taxable property within the authority area, as the term "value of the taxable property" is defined
in RCW 39.36.015. An authority may additionally issue gener a l o b l i g a t i o n b o n d s , t o g e t h e r w i t h o u t s ta n d i n g
voter-approved and nonvoter-approved general obligation
indebtedness, equal to two and one-half percent of the value
of the taxable property within the authority area, as the term
"value of the taxable property" is defined in RCW 39.36.015,
when the bonds are approved by three-fifths of the qualified
electors of the authority at a general or special election called
for that purpose and may provide for the retirement thereof
by levies in excess of dollar rate limitations in accordance
with the provisions of RCW 84.52.056. These elections will
be held as provided in RCW 39.36.050;
35.95A.070
[Title 35 RCW—page 324]
(3) Issue revenue bonds payable from any revenues other
than taxes levied by the authority, and to pledge those revenues for the repayment of the bonds. Proceeds of revenue
bonds may only be expended for the costs of public monorail
transportation facilities, for financing costs, and for capitalized interest during construction plus six months thereafter.
The bonds and warrants will be issued and sold in accordance
with chapter 39.46 RCW.
No bonds issued by an authority are obligations of any
city, county, or the state of Washington or any political subdivision thereof other than the authority, and the bonds will
so state, unless the legislative authority of any city or county
or the legislature expressly authorizes particular bonds to be
either guaranteed by or obligations of its respective city or
county or of the state. [2002 c 248 § 8.]
35.95A.080
35.95A.080 Special excise tax—Public hearings. (1)
Every authority has the power to levy and collect a special
excise tax not exceeding two and one-half percent on the
value of every motor vehicle owned by a resident of the
authority area for the privilege of using a motor vehicle.
Before utilization of any excise tax money collected under
this section for acquisition of right-of-way or construction of
a public monorail transportation facility on a separate
right-of-way, the authority must adopt rules affording the
public an opportunity for corridor public hearings and design
public hearings, which provide in detail the procedures necessary for public participation in the following instances: (a)
Prior to adoption of location and design plans having a substantial social, economic, or environmental effect upon the
locality upon which they are to be constructed; or (b) on the
public transportation facilities operating on a separate
right-of-way whenever a substantial change is proposed relating to location or design in the adopted plan. In adopting rules
the authority must adhere to the provisions of the administrative procedure act.
(2) A "corridor public hearing" is a public hearing that:
(a) Is held before the authority is committed to a specific
route proposal for the public transportation facility, and
before a route location is established; (b) is held to afford an
opportunity for participation by those interested in the determination of the need for, and the location of, the public transportation facility; and (c) provides a public forum that affords
a full opportunity for presenting views on the public transportation facility route location, and the social, economic, and
environmental effects on that location and alternate locations.
However, the hearing is not deemed to be necessary before
adoption of a transportation plan as provided in *section 7 of
this act or a vote of the qualified electors under subsection (5)
of this section.
(3) A "design public hearing" is a public hearing that: (a)
Is held after the location is established but before the design
is adopted; (b) is held to afford an opportunity for participation by those interested in the determination of major design
features of the public monorail transportation facility; and (c)
provides a public forum to afford a full opportunity for presenting views on the public transportation system design, and
the social, economic, and environmental effects of that
design and alternate designs, including people-mover technology.
(2010 Ed.)
City Transportation Authority—Monorail Transportation
(4) An authority imposing a tax under subsection (1) of
this section may also impose a sales and use tax, in addition
to any tax authorized by RCW 82.14.030, upon retail car
rentals within the city that are taxable by the state under chapters 82.08 and 82.12 RCW. The rate of tax must not exceed
1.944 percent of the base of the tax. The base of the tax will
be the selling price in the case of a sales tax or the rental value
of the vehicle used in the case of a use tax. The revenue collected under this subsection will be distributed in the same
manner as sales and use taxes under chapter 82.14 RCW.
(5) Before any authority may impose any of the taxes
authorized under this section, the authorization for imposition of the taxes must be approved by the qualified electors of
the authority area. [2002 c 248 § 9.]
*Reviser’s note: Section 7 of this act was vetoed by the governor.
35.95A.090 Vehicle license fees—Vote of the people.
(Effective until July 1, 2011.) (1) Every authority has the
power to fix and impose a fee, not to exceed one hundred dollars per vehicle, for each vehicle that is subject to relicensing
tab fees under RCW 46.16.0621 and for each vehicle that is
subject to RCW 46.16.070 with an unladen weight of six
thousand pounds or less, and that is determined by the department of licensing to be registered within the boundaries of the
authority area. The department of licensing must provide an
exemption from the fee for any vehicle the owner of which
demonstrates is not operated within the authority area.
(2) The department of licensing will administer and collect the fee. The department will deduct a percentage amount,
as provided by contract, not to exceed two percent of the
taxes collected, for administration and collection expenses
incurred by it. The remaining proceeds will be remitted to the
custody of the state treasurer for monthly distribution to the
authority.
(3) The authority imposing this fee will delay the effective date at least six months from the date the fee is approved
by the qualified voters of the authority area to allow the
department of licensing to implement administration and collection of the fee.
(4) Before any authority may impose any of the fees
authorized under this section, the authorization for imposition of the fees must be approved by a majority of the qualified electors of the authority area voting. [2002 c 248 § 10.]
35.95A.110
expenses incurred by it. The remaining proceeds will be
remitted to the custody of the state treasurer for monthly distribution to the authority.
(3) The authority imposing this fee will delay the effective date at least six months from the date the fee is approved
by the qualified voters of the authority area to allow the
department of licensing to implement administration and collection of the fee.
(4) Before any authority may impose any of the fees
authorized under this section, the authorization for imposition of the fees must be approved by a majority of the qualified electors of the authority area voting. [2010 c 161 § 901;
2002 c 248 § 10.]
Effective date—Intent—Legislation to reconcile chapter 161, Laws
of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
35.95A.090
35.95A.090 Vehicle license fees—Vote of the people.
(Effective July 1, 2011.) (1) Every authority has the power to
fix and impose a fee, not to exceed one hundred dollars per
vehicle, for each vehicle that is subject to relicensing tab fees
under RCW 46.17.350(1) (a), (c), (d), (e), (g), (h), (j), or (n)
through (q) and for each vehicle that is subject to RCW
46.17.355 with a scale weight of six thousand pounds or less,
and that is determined by the department of licensing to be
registered within the boundaries of the authority area. The
department of licensing must provide an exemption from the
fee for any vehicle the owner of which demonstrates is not
operated within the authority area.
(2) The department of licensing will administer and collect the fee. The department will deduct a percentage
amount, as provided by contract, not to exceed two percent of
the taxes collected, for administration and collection
35.95A.090
(2010 Ed.)
35.95A.100 Property tax levies. (1) Every authority
has the power to impose annual regular property tax levies in
an amount equal to one dollar and fifty cents or less per thousand dollars of assessed value of property in the authority
area when specifically authorized to do so by a majority of
the voters voting on a proposition submitted at a special election or at the regular election of the authority. A proposition
authorizing the tax levies will not be submitted by an authority more than twice in any twelve-month period. Ballot propositions must conform with *RCW 29.30.111. The number of
years during which the regular levy will be imposed may be
limited as specified in the ballot proposition or may be unlimited in duration. In the event an authority is levying property
taxes, which in combination with property taxes levied by
other taxing districts subject to the limitations provided in
RCW 84.52.043 and 84.52.050, exceed these limitations, the
authority’s property tax levy shall be reduced or eliminated
consistent with RCW 84.52.010.
(2) The limitation in RCW 84.55.010 does not apply to
the first levy imposed under this section following the
approval of the levies by the voters under subsection (1) of
this section. [2002 c 248 § 11.]
35.95A.100
*Reviser’s note: RCW 29.30.111 was recodified as RCW 29A.36.210
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
35.95A.110 Taxes and fees—Limitation on use. All
taxes and fees levied and collected by an authority must be
used solely for the purpose of paying all or any part of the
cost of acquiring, designing, constructing, equipping, maintaining, or operating public monorail transportation facilities
or contracting for the services thereof, or to pay or secure the
payment of all or part of the principal of or interest on any
general obligation bonds or revenue bonds issued for authority purposes. Until expended, money accumulated in the
funds and accounts of an authority may be invested in the
manner authorized by the governing body of the authority,
consistent with state law.
If any of the revenue from any tax or fee authorized to be
levied by an authority has been pledged by the authority to
secure the payment of any bonds as herein authorized, then as
long as that pledge is in effect the legislature will not withdraw from the authority the authorization to levy and collect
the tax or fee. [2002 c 248 § 12.]
35.95A.110
[Title 35 RCW—page 325]
35.95A.120
35.95A.120
Title 35 RCW: Cities and Towns
35.95A.120 Dissolution of authority. (1) Except as
provided in subsection (2) of this section, the city transportation authority may be dissolved by a vote of the people residing within the boundaries of the authority if the authority is
faced with significant financial problems. However, the
authority may covenant with holders of its bonds that it may
not be dissolved and shall continue to exist solely for the purpose of continuing to levy and collect any taxes or assessments levied by it and pledged to the repayment of debt and
to take other actions, including the appointment of a trustee,
as necessary to allow it to repay any remaining debt. No such
debt may be incurred by the authority on a project until thirty
days after a final environmental impact statement on that
project has been issued as required by chapter 43.21C RCW.
The amount of the authority’s initial bond issue is limited to
the amount of the project costs in the subsequent two years as
documented by a certified engineer or by submitted bids, plus
any reimbursable capital expenses already incurred at the
time of the bond issue. The authority may size the first bond
issue consistent with the internal revenue service five-year
spend down schedule if an independent financial advisor recommends such an approach is financially advisable. Any referendum petition to dissolve the city transportation authority
must be filed with the city council and contain provisions for
dissolution of the authority. Within seven days, the city prosecutor must review the validity of the petition and submit its
report to the petitioner and city council. If the petitioner’s
claims are deemed valid by the city prosecutor, within ten
days of the petitioner’s filing, the city council will confer
with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and write
a ballot title for the measure. The ballot title must be posed
as a question and an affirmative vote on the measure results
in authority retention and a negative vote on the measure
results in the authority’s dissolution. The petitioner will be
notified of the identification number and ballot title within
this ten-day period.
After this notification, the petitioner has ninety days in
which to secure on petition forms, the signatures of not less
than fifteen percent of the registered voters in the authority
area and to file the signed petitions with the filing officer.
Each petition form must contain the ballot title and the full
text of the measure to be referred. The filing officer will verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the filing
officer shall submit the initiative to the authority area voters
at a general or special election held on one of the dates provided in RCW 29A.04.321 as determined by the city council,
which election will not take place later than one hundred
twenty days after the signed petition has been filed with the
filing officer.
(2) A city transportation authority is dissolved and terminated if all of the following events occur before or after July
22, 2007:
(a) A majority of the qualified electors voting at a regular
or special election determine that new public monorail transportation facilities must not be built;
(b) The governing body of the authority adopts a resolution and publishes a notice of the proposed dissolution at least
once every week for three consecutive weeks in a newspaper
[Title 35 RCW—page 326]
of general circulation published in the authority area. The
resolution and notice must:
(i) Describe information that must be included in a notice
of claim against the authority including, but not limited to,
any claims for refunds of special motor vehicle excise tax
levied under RCW 35.95A.080 and collected by or on behalf
of the authority;
(ii) Provide a mailing address where a notice of claim
may be sent;
(iii) State the deadline, which must be at least ninety
days from the date of the third publication, by which the
authority must receive a notice of claim; and
(iv) State that a claim will be barred if a notice of claim
is not received by the deadline;
(c) The authority resolves all claims timely made under
(b) of this subsection; and
(d) The governing body adopts a resolution (i) finding
that the conditions of (a) through (c) of this subsection have
been met and (ii) dissolving and terminating the authority.
(3) A claim against a city transportation authority is
barred if (a) a claimant does not deliver a notice of claim to
the authority by the deadline stated in subsection (2)(b)(iii) of
this section or (b) a claimant whose claim was rejected by the
authority does not commence a proceeding to enforce the
claim within sixty days from receipt of the rejection notice.
For purposes of this subsection, "claim" includes, but is not
limited to, any right to payment, whether liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed,
undisputed, legal, equitable, secured, or unsecured, or the
right to an equitable remedy for breach of performance if the
breach gives rise to a right to payment, whether or not the
right to an equitable remedy is fixed, contingent, matured,
unmatured, disputed, undisputed, secured, or unsecured,
including, but not limited to, any claim for a refund of special
motor vehicle excise tax levied under RCW 35.95A.080 and
collected by or on behalf of the authority.
(4) The governing body of the authority may transfer any
net assets to one or more other political subdivisions with
instructions as to their use or disposition. The governing
body shall authorize this transfer in the resolution that dissolves and terminates the authority under subsection (2)(d) of
this section.
(5) Upon the dissolution and termination of the authority, the former officers, directors, employees, and agents of
the authority shall be immune from personal liability in connection with any claims brought against them arising from or
relating to their service to the authority, and any claim
brought against any of them is barred.
(6) Upon satisfaction of the conditions set forth in subsection (2)(a) and (b) of this section, the terms of all members
of the governing body of the city transportation authority,
whether elected or appointed, who are serving as of the date
of the adoption of the resolution described in subsection
(2)(b) of this section, shall be extended, and incumbent governing body members shall remain in office until dissolution
of the authority, notwithstanding any provision of any law to
the contrary. [2007 c 516 § 12; 2003 c 147 § 14; 2002 c 248
§ 13.]
Findings—Intent—2007 c 516: See note following RCW 47.01.011.
Effective date—2003 c 147: See note following RCW 47.10.861.
(2010 Ed.)
Electric and Communication Facilities—Conversion to Underground
35.96.030
35.95A.130 Special excise tax—Collection. (Effective
until July 1, 2011.) The special excise tax imposed under
RCW 35.95A.080(1) will be collected at the same time and in
the same manner as relicensing tab fees under RCW
46.16.0621 and 35.95A.090. Every year on January 1st, April
1st, July 1st, and October 1st the department of licensing
shall remit special excise taxes collected on behalf of an
authority, back to the authority, at no cost to the authority.
Valuation of motor vehicles for purposes of the special excise
tax imposed under RCW 35.95A.080(1) must be consistent
with chapter 82.44 RCW. [2002 c 248 § 14.]
way-finding. The pictograms may reflect the unique characteristics of the
facility, and those characteristics should be considered and are acceptable in
icon and pictogram design. It is the intent of the legislature to have icons and
pictograms in use as new systems are put into service to promote tourism and
be in place by 2010 to assist international visitors coming to Washington
during the Olympic Games in Vancouver, British Columbia, Canada." [2005
c 19 § 1.]
35.95A.130 Special excise tax—Collection. (Effective
July 1, 2011.) The special excise tax imposed under RCW
35.95A.080(1) will be collected at the same time and in the
s a m e m an n e r a s r el i c e n s i n g t ab f e e s u n d e r R C W
46.17.350(1) (a), (c), (d), (e), (g), (h), (j), and (n) through (q)
and 35.95A.090. Every year on January 1st, April 1st, July
1st, and October 1st the department of licensing shall remit
special excise taxes collected on behalf of an authority, back
to the authority, at no cost to the authority. Valuation of
motor vehicles for purposes of the special excise tax imposed
under RCW 35.95A.080(1) must be consistent with chapter
82.44 RCW. [2010 c 161 § 902; 2002 c 248 § 14.]
35.96.010
35.96.020
35.96.030
35.95A.130
35.95A.130
Effective date—Intent—Legislation to reconcile chapter 161, Laws
of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
35.95A.140 Requirements for signage. Each authority
shall incorporate in plans for stations along any monorail
project signing that is easily understood by the traveling public, including, but not limited to, persons with disabilities,
non-English speaking persons, and visitors from other
nations. The signage must employ graphics consistent with
international symbols for transportation facilities and signage
that are consistent with department of transportation guidelines and programs. The signage must also use distinguishing
pictograms as a means to identify stations and points of interest along the monorail corridor for persons who use languages that are not Roman-alphabet based. These requirements are intended to apply to new sign installation and not to
existing signs. The authority may replace existing signs as it
chooses; however, it shall use the new signing designs when
existing signs are replaced. All signage must comply with
requirements of applicable federal law and may include recommendations contained in federal publications providing
directions on way-finding for persons with disabilities. [2005
c 19 § 2.]
35.95A.140
Intent—Findings—2005 c 19: "It is the intent of the legislature to promote the use of icons and pictograms that incorporate the use of commonly
accepted symbols that can be understood and interpreted by a variety of people from all walks of life and different nations in order to assist them in the
navigation of this state. These signs can be used on roadways and for other
transportation-related facilities such as transit stations, airports, bus and train
stations, and ferry terminals. Pictograms are signs that depict services, facilities, or destinations in picture form and are used throughout the world. Pictograms are useful for traveling within a transit system as well as for locating
transit system stations and stops.
The legislature finds that many signing methods such as icons, already
in use by the Washington state department of transportation and other agencies, facilitate use of the transportation systems in the state and connections
between modes. The legislature also finds that the development of pictograms for use within transit systems will assist system users, complement
other signing methods, and increase transit system ridership through easier
(2010 Ed.)
Chapter 35.96 RCW
ELECTRIC AND COMMUNICATION FACILITIES—
CONVERSION TO UNDERGROUND
Chapter 35.96
Sections
35.96.040
35.96.050
35.96.060
35.96.070
35.96.080
35.96.900
Declaration of public interest and purpose.
Definitions.
Conversion of electric and communication facilities to underground facilities authorized—Local improvement districts—
Special assessments.
Contracts for conversion—Authorized—Provisions.
Notice to owners to convert service lines to underground—
Objections—Hearing—Time limitation for conversion.
Application of provisions relating to local improvements in
cities and towns to chapter.
Validation of preexisting debts, contracts, obligations, etc.,
made or incurred incidental to conversion of electric and
communication facilities to underground facilities.
Authority granted deemed alternative and additional.
Severability—1967 c 119.
Counties, conversion of overhead electric and communication facilities to
underground facilities: RCW 36.88.410 through 36.88.480.
Local improvements for underground utilities transmission lines: RCW
35.43.040(12).
35.96.010 Declaration of public interest and purpose.
It is hereby found and declared that the conversion of overhead electric and communication facilities to underground
facilities is substantially beneficial to the public safety and
welfare, is in the public interest and is a public purpose, notwithstanding any resulting incidental private benefit to any
electric or communication utility affected by such conversion. [1967 c 119 § 2.]
35.96.010
35.96.020 Definitions. As used in this chapter, unless
specifically defined otherwise, or unless the context indicates
otherwise:
"Conversion area" means that area in which existing
overhead electric and communication facilities are to be converted to underground facilities pursuant to the provisions of
this chapter.
"Electric utility" means any publicly or privately owned
utility engaged in the business of furnishing electric energy to
the public in all or part of the conversion area and includes
electrical companies as defined by RCW 80.04.010 and public utility districts.
"Communication utility" means any utility engaged in
the business of affording telephonic, telegraphic, cable television or other communication service to the public in all or
part of the conversion area and includes telephone companies
and telegraph companies as defined by RCW 80.04.010.
[1967 c 119 § 3.]
35.96.020
35.96.030 Conversion of electric and communication
facilities to underground facilities authorized—Local
improvement districts—Special assessments. Every city
or town shall have the power to convert existing overhead
electric and communication facilities to underground facili35.96.030
[Title 35 RCW—page 327]
35.96.040
Title 35 RCW: Cities and Towns
ties pursuant to RCW 35.43.190 where such facilities are
owned or operated by the city or town. Where such facilities
are not so owned or operated, every city or town shall have
the power to contract with electric and communication utilities, as hereinafter provided, for the conversion of existing
overhead electric and communication facilities to underground facilities. To provide funds to pay the whole or any
part of the cost of any such conversion, either where the existing overhead electric and communication facilities are owned
or operated by the city or town or where they are not so
owned or operated, every city or town shall have the power to
create local improvement districts and to levy and collect
special assessments against the real property specially benefited by such conversion. For the purpose of ascertaining the
amount to be assessed against each lot or parcel of land
within any local improvement district established pursuant to
this chapter, in addition to other methods provided by law for
apportioning special benefits, the legislative authority of any
city or town may apportion all or part of the special benefits
accruing on a square footage basis or on a per lot basis. [1967
c 119 § 4.]
35.96.040
35.96.040 Contracts for conversion—Authorized—
Provisions. Every city or town shall have the power to contract with electric and communication utilities for the conversion of existing overhead electric and communication facilities to underground facilities including all work incidental to
such conversion. Such contracts may include, among other
provisions, any of the following:
(1) For the supplying and approval by electric and communication utilities of plans and specifications for such conversion;
(2) For the payment to the electric and communication
utilities for any work performed or services rendered by it in
connection with the conversion project;
(3) For the payment to the electric and communication
utilities for the value of the overhead facilities removed pursuant to the conversion;
(4) For ownership of the underground facilities by the
electric and communication utilities. [1967 c 119 § 5.]
35.96.050
35.96.050 Notice to owners to convert service lines to
underground—Objections—Hearing—Time limitation
for conversion. When service from the underground electric
and communication facilities is available in all or part of a
conversion area, the city or town shall mail a notice to the
owners of all structures or improvements served from the
existing overhead facilities in the area, which notice shall
state that:
(1) Service from the underground facilities is available;
(2) All electric and communication service lines from the
existing overhead facilities within the area to any structure or
improvement must be disconnected and removed within
ninety days after the date of the mailing of the notice;
(3) Should such owner fail to convert such service lines
from overhead to underground within ninety days after the
date of the mailing of the notice, the city or town will order
the electric and communication utilities to disconnect and
remove the service lines;
[Title 35 RCW—page 328]
(4) Should the owner object to the disconnection and
removal of the service lines he or she may file his or her written objections thereto with the city or town clerk within thirty
days after the date of the mailing of the notice and failure to
so object within such time will constitute a waiver of his or
her right thereafter to object to such disconnection and
removal.
If the owner of any structure or improvement served
from the existing overhead electric and communication facilities within a conversion area shall fail to convert to underground the service lines from such overhead facilities to such
structure or improvement within ninety days after the mailing
to him or her of the notice, the city or town shall order the
electric and communication utilities to disconnect and
remove all such service lines: PROVIDED, That if the owner
has filed his or her written objections to such disconnection
and removal with the city or town clerk within thirty days
after the mailing of the notice then the city or town shall not
order such disconnection and removal until after the hearing
on such objections.
Upon the timely filing by the owner of objections to the
disconnection and removal of the service lines, the legislative
authority of such city or town, or a committee thereof, shall
conduct a hearing to determine whether the removal of all or
any part of the service lines is in the public benefit. The hearing shall be held at such time as the legislative authority of
such city or town may establish for hearings on the objections
and shall be held in accordance with the regularly established
procedure set by the legislative authority of the city or town.
If the hearing is before a committee, the committee shall following the hearing report its recommendation to the legislative authority of the city or town for final action. The determination reached by the legislative authority shall be final in
the absence of an abuse of discretion. [2009 c 549 § 2135;
1967 c 119 § 6.]
35.96.060
35.96.060 Application of provisions relating to local
improvements in cities and towns to chapter. Unless otherwise provided in this chapter, the general provisions relating to local improvements in cities and towns including but
not limited to chapters 35.43, 35.44, 35.45, 35.48, 35.49,
35.50, 35.53 and 35.54 RCW shall apply to local improvements authorized by this chapter. [1967 c 119 § 7.]
35.96.070
35.96.070 Validation of preexisting debts, contracts,
obligations, etc., made or incurred incidental to conversion of electric and communication facilities to underground facilities. All debts, contracts and obligations heretofore made or incurred by or in favor of any city or town
incident to the conversion of overhead electric and communication facilities to underground facilities and all bonds, warrants, or other obligations issued by any such city or town, or
by any local improvement district created to effect such conversion and any and all assessments heretofore levied in any
such local improvement district, and all other things and proceedings relating thereto are hereby declared to be legal and
valid and of full force and effect from the date thereof. [1967
c 119 § 8.]
(2010 Ed.)
Heating Systems
35.96.080 Authority granted deemed alternative and
additional. The authority granted by this chapter shall be
considered an alternative and additional method for converting existing overhead electric and communication facilities to
underground facilities, and for paying all or part of the cost
thereof, and shall not be construed as a restriction or limitation upon any other authority for or method of converting any
such facilities or placing such facilities underground or paying all or part of the cost thereof, including, but not limited to,
existing authority or methods under chapter 35.43 RCW and
chapter 35.44 RCW. [1967 c 119 § 10.]
35.96.080
35.96.900 Severability—1967 c 119. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1967 c 119 § 9.]
35.96.900
Chapter 35.97
Chapter 35.97 RCW
HEATING SYSTEMS
35.97.060
35.97.070
35.97.080
35.97.090
35.97.100
35.97.110
35.97.120
35.97.130
35.97.900
Definitions.
Heating systems authorized.
Heating systems—General powers of municipalities.
Heating systems—Specific powers of municipalities.
Heating systems—Authorized by legislative authority of
municipality—Competitive bidding.
Municipality may impose rates and charges—Classification of
customers.
Municipality may shut off heat for nonpayment—Late payment charges authorized.
Connection charges authorized.
Local improvement district—Assessments—Bonds and warrants.
Special funds authorized.
Revenue bonds—Form, terms, etc.
Revenue warrants.
Revenue bonds and warrants—Holder may enforce.
Severability—1983 c 216.
35.97.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Biomass energy system" means a system that provides for the production or collection of organic materials
such as wood and agricultural residues and municipal solid
waste that are primarily organic materials and the conversion
or use of that material for the production of heat or substitute
fuels through several processes including, but not limited to,
burning, pyrolysis, or anaerobic digestion.
(2) "Cogeneration" means the sequential generation of
two or more forms of energy from a common fuel or energy
source.
(3) "Cogeneration facility" means any machinery, equipment, structure, process, or property or any part thereof,
installed or acquired for the primary purpose of cogeneration
by a person or corporation.
(4) "Geothermal heat" means the natural thermal energy
of the earth.
(5) "Waste heat" means the thermal energy which otherwise would be released to the environment from an industrial
process, electric generation, or other process.
(6) "Heat" means thermal energy.
35.97.010
(2010 Ed.)
(7) "Heat source" includes but is not limited to (a) any
integral part of a heat production or heat rejection system of
an industrial facility, cogeneration facility, or electric power
generation facility, (b) geothermal well or spring, (c) biomass
energy system, (d) solar collection facility, and (e) hydrothermal resource or heat extraction process.
(8) "Municipality" means a county, city, town, irrigation
district which distributes electricity, water-sewer district,
port district, or metropolitan municipal corporation.
(9) "Heating facilities or heating systems" means all real
and personal property, or interests therein, necessary or useful for: (a) The acquisition, production, or extraction of heat;
(b) the storage of heat; (c) the distribution of heat from its
source to the place of utilization; (d) the extraction of heat at
the place of utilization from the medium by which the heat is
distributed; (e) the distribution of heat at the place of utilization; and (f) the conservation of heat.
(10) "Hydrothermal resource" means the thermal energy
available in wastewater, sewage effluent, wells, or other
water sources, natural or manmade. [1999 c 153 § 41; 1987
c 522 § 4; 1983 c 216 § 2.]
Additional notes found at www.leg.wa.gov
Sections
35.97.010
35.97.020
35.97.030
35.97.040
35.97.050
35.97.040
35.97.020 Heating systems authorized. (1) Counties,
cities, towns, irrigation districts which distribute electricity,
sewer districts, water districts, port districts, and metropolitan municipal corporations are authorized pursuant to this
chapter to establish heating systems and supply heating services from Washington’s heat sources.
(2) Nothing in this chapter authorizes any municipality
to generate, transmit, distribute, or sell electricity. [1989 c 11
§ 7; 1987 c 522 § 3; 1983 c 216 § 1.]
35.97.020
Additional notes found at www.leg.wa.gov
35.97.030 Heating systems—General powers of
municipalities. A municipality may construct, purchase,
acquire, add to, extend, maintain, and operate a system of
heating facilities, within or without its limits, for the purpose
of supplying its inhabitants and other persons with heat, with
full power to regulate and control the use, distribution, and
price of supplying heat, and to enter into agreements for the
maintenance and operation of heating facilities under terms
and conditions determined by the legislative authority of the
municipality. The provision of heat and heating facilities and
the establishment and operation of heating systems by a
municipality under this chapter are hereby declared to be a
public use and a public and strictly municipal purpose. However, nothing in this chapter shall be construed to restrain or
limit the authority of any individual, partnership, corporation,
or private utility from establishing and operating heating systems. [1983 c 216 § 3.]
35.97.030
35.97.040 Heating systems—Specific powers of
municipalities. In addition to the general powers under
RCW 35.97.030, and not by way of limitation, municipalities
have the following specific powers:
(1) The usual powers of a corporation, to be exercised for
public purposes;
(2) To acquire by purchase, gift, or condemnation property or interests in property within and without the municipal35.97.040
[Title 35 RCW—page 329]
35.97.050
Title 35 RCW: Cities and Towns
ity, necessary for the construction and operation of heating
systems, including additions and extensions of heating systems. No municipality may acquire any heat source by condemnation. To the extent judged economically feasible by the
municipality, public property and rights-of-way shall be utilized in lieu of private property acquired by condemnation.
The municipality shall determine in cooperation with existing
users that addition of district heating facilities to any public
property or rights-of-way shall not be a hazard or interference
with existing uses or, if so, that the cost for any relocation of
facilities of existing users shall be a cost and expense of
installing the heating facility;
(3) To acquire, install, add to, maintain, and operate
heating facilities at a heat source or to serve particular consumers of heat, whether such facilities are located on property owned by the municipality, by the consumer of heat, or
otherwise;
(4) To sell, lease, or otherwise dispose of heating facilities;
(5) To contract for the operation of heating facilities;
(6) To apply and qualify for and receive any private or
federal grants, loans, or other funds available for carrying out
the objects of the municipality under this chapter;
(7) Full and exclusive authority to sell and regulate and
control the use, distribution, rates, service, charges, and price
of all heat supplied by the municipality and to carry out any
other powers and duties under this chapter free from the jurisdiction and control of the utilities and transportation commission;
(8) To utilize fuels other than the heat sources described
in RCW 35.97.020 on a standby basis, to meet start up and
emergency requirements, to meet peak demands, or to supplement those heat sources as necessary to provide a reliable
and economically feasible supply of heat;
(9) To the extent permitted by the state Constitution, to
make loans for the purpose of enabling suppliers or consumers of heat to finance heating facilities;
(10) To enter into cooperative agreements providing for
the acquisition, construction, ownership, financing, use, control, and regulation of heating systems and heating facilities
by more than one municipality or by one or more municipalities on behalf of other municipalities. [1983 c 216 § 4.]
35.97.050
35.97.050 Heating systems—Authorized by legislative authority of municipality—Competitive bidding. If
the legislative authority of a municipality deems it advisable
that the municipality purchase, acquire, or construct a heating
system, or make any additions or extensions to a heating system, the legislative authority shall so provide by an ordinance
or a resolution specifying and adopting the system or plan
proposed, declaring the estimated cost thereof, as near as may
be, and specifying the method of financing and source of
funds. Any construction, alteration, or improvement of a
heating system by any municipality shall be in compliance
with the appropriate competitive bidding requirements in
Titles 35, 36, 53, 57, or 87 RCW. [1999 c 153 § 42; 1996 c
230 § 1603; 1983 c 216 § 5.]
Additional notes found at www.leg.wa.gov
[Title 35 RCW—page 330]
35.97.060 Municipality may impose rates and
charges—Classification of customers. A municipality may
impose rates, charges, or rentals for heat, service, and facilities provided to customers of the system if the rates charged
are uniform for the same class of customers or service. In
classifying customers served or service furnished, the legislative authority may consider: The difference in cost of service
to the various customers; location of the various customers
within or without the municipality; the difference in cost of
maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service
furnished various customers; the quantity and quality of the
heat furnished; the time heat is used; the demand on the system; capital contributions made to the system including, but
not limited to, assessments or the amount of capital facilities
provided for use by the customer; and any other matters
which present a reasonable difference as a ground for distinction. [1983 c 216 § 6.]
35.97.060
35.97.070 Municipality may shut off heat for nonpayment—Late payment charges authorized. If prompt payment of a heating rate, charge, or rental is not made, a municipality after reasonable notice may shut off the heating supply
to the building, place, or premises to which the municipality
supplied the heating. A municipality may also make an additional charge for late payment. [1983 c 216 § 7.]
35.97.070
35.97.080 Connection charges authorized. A municipality may charge property owners seeking to connect to the
heating system, as a condition to granting the right to connect
and in addition to the cost of the connection, such reasonable
connection charge as the legislative authority determines to
be proper in order that the property owners bear their pro rata
share of the cost of the system. Potential customers shall not
be compelled to subscribe or connect to the heating system.
The cost of connection to the system shall include the cost of
acquisition and installation of heating facilities necessary or
useful for the connection, including any heating facilities
located or installed on the property being served. Connection
charges may, in the discretion of the municipality, be made
payable in installments over a period of not more than thirty
years or the estimated life of the facilities installed, whichever is less. Installments, if any, shall bear interest and penalties at such rates and be payable at such times and in such
manner as the legislative authority of the municipality may
provide. [1983 c 216 § 8.]
35.97.080
35.97.090 Local improvement district—Assessments—Bonds and warrants. For the purpose of paying all
or a portion of the cost of heating facilities, a municipality
may form local improvement districts or utility local
improvement districts, foreclose on, levy, and collect assessments, reassessments, and supplemental assessments; and
issue local improvement district bonds and warrants in the
manner provided by law for cities or towns. [1983 c 216 § 9.]
35.97.090
35.97.100 Special funds authorized. For the purpose
of providing funds for defraying all or a portion of the costs
of planning, purchase, leasing, condemnation, or other acquisition, construction, reconstruction, development, improve35.97.100
(2010 Ed.)
Construction
ment, extension, repair, maintenance, or operation of a heating system, and the implementation of the powers in RCW
35.97.030 and 35.97.040, a municipality may authorize, by
ordinance or resolution, the creation of a special fund or
funds into which the municipality shall be obligated to set
aside and pay all or any designated proportion or amount of
any or all revenues derived from the heating system, including any utility local improvement district assessments, any
grants received to pay the cost of the heating system, and any
municipal license fees specified in the ordinance or resolution creating such special fund. [1983 c 216 § 10.]
35.97.110 Revenue bonds—Form, terms, etc. If the
legislative authority of a municipality deems it advisable to
finance all or a portion of the costs of planning, purchase,
leasing, condemnation, or other acquisition, construction,
reconstruction, development, improvement, and extension of
a heating system, or for the implementation of the powers in
RCW 35.97.030 and 35.97.040, or for working capital, interest during construction and for a period of up to one year
thereafter, debt service and other reserves, and the costs of
issuing revenue obligations, a municipality may issue revenue bonds against the special fund or fund created from revenues or assessments. The revenue bonds so issued may be
issued in one or more series and shall be dated, shall bear
interest at such rate or rates, and shall mature at such time or
times as may be determined by the legislative authority of the
municipality, and may be made redeemable before maturity
at such price or prices and under such terms and conditions as
may be fixed by the legislative authority of the municipality
prior to the issuance of the bonds. The legislative authority of
the municipality shall determine the form of the bonds,
including any interest coupons to be attached thereto, and
shall fix the denomination or denominations of the bonds and
the place or places of payment of principal and interest. If an
officer whose signature or a facsimile of whose signature
appears on any bonds or coupons ceases to be such officer
before the delivery of the bonds, the signature shall for all
purposes have the same effect as if the officer had remained
in office until the delivery. The bonds may be issued in coupon or in registered form or both, and provisions may be
made for the registration of any coupon bonds as to the principal alone and also as to both principal and interest and for
the reconversion into coupon bonds of any bonds registered
as to both principal and interest. Bonds may be sold at public
or private sale for such price and bearing interest at such
fixed or variable rate as may be determined by the legislative
authority of the municipality.
The principal of and interest on any revenue bonds shall
be secured by a pledge of the revenues and receipts derived
from the heating system, including any amounts pledged to
be paid into a special fund under RCW 35.97.100, and may
be secured by a mortgage covering all or any part of the system, including any enlargements of and additions to such system thereafter made. The revenue bonds shall state upon their
face that they are payable from a special fund, naming it and
the ordinance creating it, and that they do not constitute a
general indebtedness of the municipality. The ordinance or
resolution under which the bonds are authorized to be issued
and any such mortgage may contain agreements and provisions respecting the maintenance of the system, the fixing
35.97.110
(2010 Ed.)
35.98.010
and collection of rates and charges, the creation and maintenance of special funds from such revenues, the rights and
remedies available in the event of default, and other matters
improving the marketability of the revenue bonds, all as the
legislative authority of the municipality deems advisable.
Any revenue bonds issued under this chapter may be secured
by a trust agreement by and between the municipality and a
corporate trustee, which may be any trust company or bank
having the powers of a trust company within the state. Any
such trust agreement or ordinance or resolution providing for
the issuance of such bonds may contain such provisions for
protecting and enforcing the rights and remedies of the bond
owners as may be reasonable and proper and not in violation
of law. Any such trust agreement may set forth the rights and
remedies of the bond owners and of the trustee and may
restrict the individual right of action by bond owners as is
customary in trust agreements or trust indentures. [1983 c
216 § 11.]
35.97.120 Revenue warrants. Revenue warrants may
be issued and such warrants and interest thereon may be payable out of the special fund or refunded through the proceeds
of the sale of refunding revenue warrants or revenue bonds.
Every revenue warrant and the interest thereon issued against
the special fund is a valid claim of the owner thereof only as
against that fund and the amount of revenue pledged to the
fund, and does not constitute an indebtedness of the authorized municipality. Every revenue warrant shall state on its
face that it is payable from a special fund, naming it and the
ordinance or resolution creating it. [1983 c 216 § 12.]
35.97.120
35.97.130 Revenue bonds and warrants—Holder
may enforce. If a municipality fails to set aside and pay into
the special fund created for the payment of revenue bonds
and warrants the amount which it has obligated itself in the
ordinance or resolution creating the fund to set aside and pay
therein, the holder of any bond or warrant issued against the
bond may bring suit against the municipality to compel it to
do so. [1983 c 216 § 13.]
35.97.130
35.97.900 Severability—1983 c 216. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 216 § 15.]
35.97.900
Chapter 35.98
Chapter 35.98 RCW
CONSTRUCTION
Sections
35.98.010
35.98.020
35.98.030
35.98.040
35.98.050
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
Emergency—1965 c 7.
35.98.010 Continuation of existing law. The provisions of this title insofar as they are substantially the same as
statutory provisions repealed by this chapter, and relating to
the same subject matter, shall be construed as restatements
35.98.010
[Title 35 RCW—page 331]
35.98.020
Title 35 RCW: Cities and Towns
and continuations, and not as new enactments. [1965 c 7 §
35.98.010.]
35.98.020 Title, chapter, section headings not part of
law. Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of
the law. [1965 c 7 § 35.98.020.]
35.98.020
35.98.030 Invalidity of part of title not to affect
remainder. If any provision, section, or chapter of this title
or its application to any person or circumstance is held
invalid, the remainder of the provision, section, chapter, or
title, or the application thereof to other persons or circumstances is not affected. [1965 c 7 § 35.98.030.]
35.98.030
35.98.040 Repeals and saving.
35.98.040.
35.98.040
See 1965 c 7 §
35.98.050 Emergency—1965 c 7. This act is necessary
for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing
institutions and shall take effect immediately. [1965 c 7 §
35.98.050.]
35.98.050
Chapter 35.99 RCW
TELECOMMUNICATIONS, CABLE TELEVISION
SERVICE—USE OF RIGHT-OF-WAY
Chapter 35.99
Sections
35.99.010
35.99.020
35.99.030
35.99.040
35.99.050
35.99.060
35.99.070
35.99.080
Definitions.
Permits for use of right-of-way.
Master, use permits—Injunctive relief—Notice—Service providers’ duties.
Local regulations, ordinances—Limitations.
Personal wireless services—Limitations on moratoria—Dispute resolution.
Relocation of facilities—Notice—Reimbursement.
Additional ducts or conduits—City or town may require.
Existing franchises or contracts not preempted.
35.99.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Cable television service" means the one-way transmission to subscribers of video programming and other programming service and subscriber interaction, if any, that is
required for the selection or use of the video programming or
other programming service.
(2) "Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary
to furnish and deliver telecommunications services and cable
television services, including but not limited to poles with
crossarms, poles without crossarms, wires, lines, conduits,
cables, communication and signal lines and equipment,
braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services.
(3) "Master permit" means the agreement in whatever
form whereby a city or town may grant general permission to
a service provider to enter, use, and occupy the right-of-way
for the purpose of locating facilities. This definition is not
35.99.010
[Title 35 RCW—page 332]
intended to limit, alter, or change the extent of the existing
authority of a city or town to require a franchise nor does it
change the status of a service provider asserting an existing
statewide grant based on a predecessor telephone or telegraph
company’s existence at the time of the adoption of the Washington state Constitution to occupy the right-of-way. For the
purposes of this subsection, a franchise, except for a cable
television franchise, is a master permit. A master permit does
not include cable television franchises.
(4) "Personal wireless services" means commercial
mobile services, unlicensed wireless services, and common
carrier wireless exchange access services, as defined by federal laws and regulations.
(5) "Right-of-way" means land acquired or dedicated for
public roads and streets, but does not include:
(a) State highways;
(b) Land dedicated for roads, streets, and highways not
opened and not improved for motor vehicle use by the public;
(c) Structures, including poles and conduits, located
within the right-of-way;
(d) Federally granted trust lands or forest board trust
lands;
(e) Lands owned or managed by the state parks and recreation commission; or
(f) Federally granted railroad rights-of-way acquired
under 43 U.S.C. Sec. 912 and related provisions of federal
law that are not open for motor vehicle use.
(6) "Service provider" means every corporation, company, association, joint stock association, firm, partnership,
person, city, or town owning, operating, or managing any
facilities used to provide and providing telecommunications
or cable television service for hire, sale, or resale to the general public. Service provider includes the legal successor to
any such corporation, company, association, joint stock association, firm, partnership, person, city, or town.
(7) "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the
general public. For the purpose of this subsection, "information" means knowledge or intelligence represented by any
form of writing, signs, signals, pictures, sounds, or any other
symbols. For the purpose of this chapter, telecommunications
service excludes the over-the-air transmission of broadcast
television or broadcast radio signals.
(8) "Use permit" means the authorization in whatever
form whereby a city or town may grant permission to a service provider to enter and use the specified right-of-way for
the purpose of installing, maintaining, repairing, or removing
identified facilities. [2000 c 83 § 1.]
35.99.020 Permits for use of right-of-way. A city or
town may grant, issue, or deny permits for the use of the
right-of-way by a service provider for installing, maintaining,
repairing, or removing facilities for telecommunications services or cable television services pursuant to ordinances, consistent with chapter 83, Laws of 2000. [2000 c 83 § 2.]
35.99.020
35.99.030 Master, use permits—Injunctive relief—
Notice—Service providers’ duties. (1) Cities and towns
may require a service provider to obtain a master permit. A
35.99.030
(2010 Ed.)
Telecommunications, Cable Television Service—Use of Right-Of-Way
city or town may request, but not require, that a service provider with an existing statewide grant to occupy the
right-of-way obtain a master permit for wireline facilities.
(a) The procedures for the approval of a master permit
and the requirements for a complete application for a master
permit shall be available in written form.
(b) Where a city or town requires a master permit, the
city or town shall act upon a complete application within one
hundred twenty days from the date a service provider files the
complete application for the master permit to use the
right-of-way, except:
(i) With the agreement of the applicant; or
(ii) Where the master permit requires action of the legislative body of the city or town and such action cannot reasonably be obtained within the one hundred twenty day period.
(2) A city or town may require that a service provider
obtain a use permit. A city or town must act on a request for
a use permit by a service provider within thirty days of
receipt of a completed application, unless a service provider
consents to a different time period or the service provider has
not obtained a master permit requested by the city or town.
(a) For the purpose of this section, "act" means that the
city makes the decision to grant, condition, or deny the use
permit, which may be subject to administrative appeal, or
notifies the applicant in writing of the amount of time that
will be required to make the decision and the reasons for this
time period.
(b) Requirements otherwise applicable to holders of
master permits shall be deemed satisfied by a holder of a
cable franchise in good standing.
(c) Where the master permit does not contain procedures
to expedite approvals and the service provider requires action
in less than thirty days, the service provider shall advise the
city or town in writing of the reasons why a shortened time
period is necessary and the time period within which action
by the city or town is requested. The city or town shall reasonably cooperate to meet the request where practicable.
(d) A city or town may not deny a use permit to a service
provider with an existing statewide grant to occupy the
right-of-way for wireline facilities on the basis of failure to
obtain a master permit.
(3) The reasons for a denial of a master permit shall be
supported by substantial evidence contained in a written
record. A service provider adversely affected by the final
action denying a master permit, or by an unreasonable failure
to act on a master permit as set forth in subsection (1) of this
section, may commence an action within thirty days to seek
relief, which shall be limited to injunctive relief.
(4) A service provider adversely affected by the final
action denying a use permit may commence an action within
thirty days to seek relief, which shall be limited to injunctive
relief. In any appeal of the final action denying a use permit,
the standard for review and burden of proof shall be as set
forth in RCW 36.70C.130.
(5) A city or town shall:
(a) In order to facilitate the scheduling and coordination
of work in the right-of-way, provide as much advance notice
as reasonable of plans to open the right-of-way to those service providers who are current users of the right-of-way or
who have filed notice with the clerk of the city or town within
the past twelve months of their intent to place facilities in the
(2010 Ed.)
35.99.040
city or town. A city is not liable for damages for failure to
provide this notice. Where the city has failed to provide
notice of plans to open the right-of-way consistent with this
subsection, a city may not deny a use permit to a service provider on the basis that the service provider failed to coordinate with another project.
(b) Have the authority to require that facilities are
installed and maintained within the right-of-way in such a
manner and at such points so as not to inconvenience the public use of the right-of-way or to adversely affect the public
health, safety, and welfare.
(6) A service provider shall:
(a) Obtain all permits required by the city or town for the
installation, maintenance, repair, or removal of facilities in
the right-of-way;
(b) Comply with applicable ordinances, construction
codes, regulations, and standards subject to verification by
the city or town of such compliance;
(c) Cooperate with the city or town in ensuring that facilities are installed, maintained, repaired, and removed within
the right-of-way in such a manner and at such points so as not
to inconvenience the public use of the right-of-way or to
adversely affect the public health, safety, and welfare;
(d) Provide information and plans as reasonably necessary to enable a city or town to comply with subsection (5) of
this section, including, when notified by the city or town, the
provision of advance planning information pursuant to the
procedures established by the city or town;
(e) Obtain the written approval of the facility or structure
owner, if the service provider does not own it, prior to attaching to or otherwise using a facility or structure in the
right-of-way;
(f) Construct, install, operate, and maintain its facilities
at its expense; and
(g) Comply with applicable federal and state safety laws
and standards.
(7) Nothing in this section shall be construed as:
(a) Creating a new duty upon city [cities] or towns to be
responsible for construction of facilities for service providers
or to modify the right-of-way to accommodate such facilities;
(b) Creating, expanding, or extending any liability of a
city or town to any third-party user of facilities or third-party
beneficiary; or
(c) Limiting the right of a city or town to require an
indemnification agreement as a condition of a service provider’s facilities occupying the right-of-way.
(8) Nothing in this section creates, modifies, expands, or
diminishes a priority of use of the right-of-way by a service
provider or other utility, either in relation to other service
providers or in relation to other users of the right-of-way for
other purposes. [2000 c 83 § 3.]
35.99.040 Local regulations, ordinances—Limitations. (1) A city or town shall not adopt or enforce regulations or ordinances specifically relating to use of the
right-of-way by a service provider that:
(a) Impose requirements that regulate the services or
business operations of the service provider, except where otherwise authorized in state or federal law;
(b) Conflict with federal or state laws, rules, or regulations that specifically apply to the design, construction, and
35.99.040
[Title 35 RCW—page 333]
35.99.050
Title 35 RCW: Cities and Towns
operation of facilities or with federal or state worker safety or
public safety laws, rules, or regulations;
(c) Regulate the services provided based upon the content or kind of signals that are carried or are capable of being
carried over the facilities, except where otherwise authorized
in state or federal law; or
(d) Unreasonably deny the use of the right-of-way by a
service provider for installing, maintaining, repairing, or
removing facilities for telecommunications services or cable
television services.
(2) Nothing in this chapter, including but not limited to
the provisions of subsection (1)(d) of this section, limits the
authority of a city or town to regulate the placement of facilities through its local zoning or police power, if the regulations do not otherwise:
(a) Prohibit the placement of all wireless or of all wireline facilities within the city or town;
(b) Prohibit the placement of all wireless or of all wireline facilities within city or town rights-of-way, unless the
city or town is less than five square miles in size and has no
commercial areas, in which case the city or town may make
available land other than city or town rights-of-way for the
placement of wireless facilities; or
(c) Violate section 253 of the telecommunications act of
1996, P.L. 104-104 (110 Stat. 56).
(3) This section does not amend, limit, repeal, or otherwise modify the authority of cities or towns to regulate cable
television services pursuant to federal law. [2000 c 83 § 4.]
35.99.050 Personal wireless services—Limitations on
moratoria—Dispute resolution. A city or town shall not
place or extend a moratorium on the acceptance and processing of applications, permitting, construction, maintenance,
repair, replacement, extension, operation, or use of any facilities for personal wireless services, except as consistent with
the guidelines for facilities siting implementation, as agreed
to on August 5, 1998, by the federal communications commission’s local and state government advisory committee,
the cellular telecommunications industry association, the personal communications industry association, and the American mobile telecommunications association. Any city or
town implementing such a moratorium shall, at the request of
a service provider impacted by the moratorium, participate
with the service provider in the informal dispute resolution
process included with the guidelines for facilities siting
implementation. [2000 c 83 § 5.]
35.99.050
35.99.060 Relocation of facilities—Notice—Reimbursement. (1) Cities and towns may require service providers to relocate authorized facilities within the right-of-way
when reasonably necessary for construction, alteration,
repair, or improvement of the right-of-way for purposes of
public welfare, health, or safety.
(2) Cities shall notify service providers as soon as practicable of the need for relocation and shall specify the date by
which relocation shall be completed. In calculating the date
that relocation must be completed, cities shall consult with
affected service providers and consider the extent of facilities
to be relocated, the services requirements, and the construction sequence for the relocation, within the city’s overall
35.99.060
[Title 35 RCW—page 334]
project construction sequence and constraints, to safely complete the relocation. Service providers shall complete the
relocation by the date specified, unless the city, or a reviewing court, establishes a later date for completion, after a
showing by the service provider that the relocation cannot be
completed by the date specified using best efforts and meeting safety and service requirements.
(3) Service providers may not seek reimbursement for
their relocation expenses from the city or town requesting
relocation under subsection (1) of this section except:
(a) Where the service provider had paid for the relocation cost of the same facilities at the request of the city or
town within the past five years, the service provider’s share
of the cost of relocation will be paid by the city or town
requesting relocation;
(b) Where aerial to underground relocation of authorized
facilities is required by the city or town under subsection (1)
of this section, for service providers with an ownership share
of the aerial supporting structures, the additional incremental
cost of underground compared to aerial relocation, or as provided for in the approved tariff if less, will be paid by the city
or town requiring relocation; and
(c) Where the city or town requests relocation under subsection (1) of this section solely for aesthetic purposes, unless
otherwise agreed to by the parties.
(4) Where a project in subsection (1) of this section is
primarily for private benefit, the private party or parties shall
reimburse the cost of relocation in the same proportion to
their contribution to the costs of the project. Service providers will not be precluded from recovering their costs associated with relocation required under subsection (1) of this section, provided that the recovery is consistent with subsection
(3) of this section and other applicable laws.
(5) A city or town may require the relocation of facilities
at the service provider’s expense in the event of an unforeseen emergency that creates an immediate threat to the public
safety, health, or welfare. [2000 c 83 § 6.]
35.99.070 Additional ducts or conduits—City or
town may require. A city or town may require that a service
provider that is constructing, relocating, or placing ducts or
conduits in public rights-of-way provide the city or town with
additional duct or conduit and related structures necessary to
access the conduit, provided that:
(1) The city or town enters into a contract with the service provider consistent with RCW 80.36.150. The contract
rates to be charged should recover the incremental costs of
the service provider. If the city or town makes the additional
duct or conduit and related access structures available to any
other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the
general public, the rates to be charged, as set forth in the contract with the entity that constructed the conduit or duct, shall
recover at least the fully allocated costs of the service provider. The service provider shall state both contract rates in
the contract. The city or town shall inform the service provider of the use, and any change in use, of the requested duct
or conduit and related access structures to determine the
applicable rate to be paid by the city or town.
(2) Except as otherwise agreed by the service provider
and the city or town, the city or town shall agree that the
35.99.070
(2010 Ed.)
Downtown and Neighborhood Commercial Districts
requested additional duct or conduit space and related access
structures will not be used by the city or town to provide telecommunications or cable television service for hire, sale, or
resale to the general public.
(3) The city or town shall not require that the additional
duct or conduit space be connected to the access structures
and vaults of the service provider.
(4) The value of the additional duct or conduit requested
by a city or town shall not be considered a public works construction contract.
(5) This section shall not affect the provision of an institutional network by a cable television provider under federal
law. [2000 c 83 § 7.]
35.99.080 Existing franchises or contracts not preempted. Chapter 83, Laws of 2000 shall not preempt specific provisions in existing franchises or contracts between
cities or towns and service providers. [2000 c 83 § 9.]
35.99.080
Chapter 35.100
Chapter 35.100 RCW
DOWNTOWN AND NEIGHBORHOOD
COMMERCIAL DISTRICTS
Sections
35.100.010
35.100.020
35.100.030
35.100.040
35.100.050
35.100.900
Findings—Intent.
Definitions.
Local retail sales and use tax increment revenue—Applications.
Local sales and use tax increment revenue—Authorization of
use by legislative authority.
Determination of amount of revenue.
Severability—2002 c 79.
35.100.010 Findings—Intent. (1) The legislature
finds:
(a) The continued economic vitality of downtown and
neighborhood commercial districts in our state’s cities is
essential to community preservation, social cohesion, and
economic growth;
(b) In recent years there has been a deterioration of
downtown and neighborhood commercial districts in both
rural and urban communities due to a shifting population
base, changes in the marketplace, and greater competition
from suburban shopping malls, discount centers, and through
the internet;
(c) This decline has eroded the ability of businesses and
property owners to renovate and enhance their commercial
and residential properties;
(d) In many areas of the state, downtown and neighborhood commercial areas are burdened further by deteriorating
buildings, vacant building that cannot be legally occupied,
and vacant brownfield infill sites which pose significant
health and safety problems to tenants and pedestrians, and
constitute a significant blight and detrimental impact on the
health, safety, and welfare of the community, as well as its
economic health;
(e) Business owners in these districts need to maintain
their local economies in order to provide goods and services
to adjacent residents, to provide employment opportunities,
to restore blighted properties, and to avoid disinvestment and
economic dislocations, and have developed downtown and
35.100.010
(2010 Ed.)
35.100.020
neighborhood commercial district revitalization programs to
address these problems; and
(f) It is in the best interest of the state of Washington to
stop the decay of community areas and to promote and facilitate the orderly redevelopment of these areas.
(2) It is the intent of the legislature to establish a program
to:
(a) Provide for the allocation of a portion of locally
imposed excise taxes to assist local governments in the
financing of needed health and safety improvements, public
improvements, and other public investments, to encourage
private development and to enhance and revitalize neighborhood business districts and downtown areas; and
(b) Provide technical assistance and training to local
governments, business organizations, downtown and neighborhood commercial district organizations, and business and
property owners to accomplish community and economic
revitalization and development of business districts. [2002 c
79 § 1.]
35.100.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Community revitalization project" means:
(a) Health and safety improvements authorized to be
publicly financed under chapter 35.80 or 35.81 RCW;
(b) Publicly owned or leased facilities within the jurisdiction of a local government which the sponsor has authority
to provide; and
(c) Expenditure for any of the following purposes:
(i) Providing environmental analysis, professional management, planning, and promotion within a downtown or
neighborhood commercial district including the management
and promotion of retail trade activities in the district;
(ii) Providing maintenance and security for common or
public areas in the downtown or neighborhood commercial
district;
(iii) Historic preservation activities authorized under
RCW 35.21.395; or
(iv) Project design and planning, land acquisition, site
preparation, construction, reconstruction, rehabilitation,
improvement, operation, and installation of a public facility;
the costs of financing, including interest during construction,
legal and other professional services, taxes, and insurance;
the costs of complying with this chapter and other applicable
law; and the administrative costs reasonably necessary and
related to these costs.
(2) "Downtown or neighborhood commercial district"
means (a) an area or areas designated by the legislative
authority of a city or town with a population over one hundred thousand and that are typically limited to the pedestrian
core area or the central commercial district and compact business districts that serve specific neighborhoods within the
city or town; or (b) commercial areas designated as main
street areas by the department of archaeology and historic
preservation.
(3) "Local retail sales and use tax" means the tax levied
by a city or town under RCW 82.14.030, excluding that portion which a county is entitled to receive under RCW
82.14.030.
35.100.020
[Title 35 RCW—page 335]
35.100.030
Title 35 RCW: Cities and Towns
(4) "Local retail sales and use tax increment revenue"
means that portion of the local retail sales and use tax collected in each year upon any retail sale or any use of an article
of tangible personal property within a downtown or neighborhood commercial district that is in excess of the amount of
local retail sales and use tax collected on sales or uses within
the downtown or neighborhood commercial district in the
year preceding. [2010 c 30 § 2; 2002 c 79 § 2.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Finding—Effective date—2010 c 30: See notes following RCW
43.360.010.
35.100.030 Local retail sales and use tax increment
revenue—Applications. Local retail sales and use tax increment revenue, or any portion thereof, may be applied as follows:
(1) To pay downtown or neighborhood commercial district community revitalization costs;
(2) To pay into bond redemption funds established to pay
the principal and interest on general obligation or revenue
bonds issued to finance a downtown or neighborhood commercial district community revitalization project;
(3) In combination with any other public or private funds
available to the city or town for the purposes provided in this
section; or
(4) To pay any combination of costs under subsection
(1), (2), or (3) of this section. [2002 c 79 § 3.]
35.100.030
35.100.040 Local sales and use tax increment revenue—Authorization of use by legislative authority. (1)
The legislative authority of a city or town may authorize the
use of local sales and use tax increment revenue for any purpose authorized in this chapter within the boundaries of a
downtown or one or more neighborhood commercial districts.
(2) Prior to authorizing the use of local sales and use tax
increment revenue, the legislative authority must designate
the boundaries of each downtown or neighborhood commercial district.
(3) The legislative authority of a city or town may
choose to pool the local sales and use tax increment revenue
collected in the various downtown and neighborhood commercial districts within the city or town for the purposes
authorized in this chapter. [2002 c 79 § 4.]
35.100.040
35.100.050 Determination of amount of revenue. A
city or town shall determine at its own cost the amount of
local sales and use tax increment revenue that may be generated in the downtown and neighborhood commercial districts
it designates. The department of revenue may, at its discretion, provide advice or other assistance to cities and towns to
assist in determining local sales and use tax increment revenue. [2002 c 79 § 5.]
35.100.050
35.100.900 Severability—2002 c 79. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 79 § 6.]
35.100.900
[Title 35 RCW—page 336]
Chapter 35.101
Chapter 35.101 RCW
TOURISM PROMOTION AREAS
Sections
35.101.010
35.101.020
35.101.030
35.101.040
35.101.050
35.101.052
35.101.055
35.101.060
35.101.070
35.101.080
35.101.090
35.101.100
35.101.110
35.101.120
35.101.130
35.101.140
Definitions.
Establishment—Petition.
Resolution of intention to establish area—Hearing.
Limitations on area included—Interlocal agreements.
Lodging charge—Limitations.
Lodging charge—Contract for administration and collection
of by department of revenue.
Lodging charge—Exemption for temporary medical housing.
Notice of hearing.
Conduct of hearing—Termination of proceedings.
Establishment of area—Ordinance.
Administration, collection of lodging charge.
Local tourism promotion account created.
Charges are in addition to special assessments.
Charges are not a tax on sale of lodging.
Legislative authority has sole discretion concerning use for
tourism promotion—Contracts for operation of area.
Disestablishment of area—Hearing—Resolution.
35.101.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Area" means a tourism promotion area.
(2) "Legislative authority" means the legislative authority of any county with a population greater than forty thousand, or of any city or town within such a county, including
unclassified cities or towns operating under special charters.
However, in any county with a population of one million or
more, the legislative authority shall be comprised of two or
more jurisdictions acting jointly as the legislative authority
under an interlocal agreement created under chapter 39.34
RCW for the joint establishment and operation of a tourism
promotion area.
(3) "Lodging business" means a person that furnishes
lodging taxable by the state under chapter 82.08 RCW that
has forty or more lodging units.
(4) "Tourism promotion" means activities and expenditures designed to increase tourism and convention business,
including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting
and welcoming tourists, and operating tourism destination
marketing organizations. [2009 c 442 § 1; 2003 c 148 § 1.]
35.101.010
35.101.020 Establishment—Petition. For the purpose
of establishing a tourism promotion area, an initiation petition must be presented to the legislative authority having
jurisdiction of the area in which the proposed tourism promotion area is to be located. The initiation petition must include
the following:
(1) A description of the boundaries of the proposed area;
(2) The proposed uses and projects to which the proposed revenue from the charge shall be put and the total estimated costs;
(3) The estimated rate for the charge with a proposed
breakdown by class of lodging business if such classification
is to be used; and
(4) The signatures of the persons who operate lodging
businesses in the proposed area who would pay sixty percent
or more of the proposed charges. [2003 c 148 § 2.]
35.101.020
35.101.030 Resolution of intention to establish
area—Hearing. A legislative authority shall, after receiving
35.101.030
(2010 Ed.)
Tourism Promotion Areas
a valid initiation petition under RCW 35.101.020, adopt a
resolution of intention to establish an area. The resolution
must state:
(1) The time and place of a hearing to be held by the legislative authority to consider the establishment of an area;
(2) A description of boundaries in the proposed area;
(3) The proposed area uses and projects to which the proposed revenues from the charge shall be dedicated and the
total estimated cost of projects; and
(4) The estimated rate or rates of the charge with a proposed breakdown of classifications as described in RCW
35.101.050. [2003 c 148 § 3.]
35.101.040 Limitations on area included—Interlocal
agreements. (1) Except as provided in subsection (2) of this
section, no legislative authority may establish a tourism promotion area that includes within the boundaries of the area:
(a) Any portion of an incorporated city or town, if the
legislative authority is that of the county; and
(b) Any portion of the county outside of an incorporated
city or town, if the legislative authority is that of the city or
town.
(2) By interlocal agreement adopted pursuant to chapter
39.34 RCW, a county, city, or town may establish a tourism
promotion area that includes within the boundaries of the
area portions of its own jurisdiction and another jurisdiction,
if the other jurisdiction is party to the agreement. [2003 c 148
§ 4.]
35.101.040
35.101.050 Lodging charge—Limitations. A legislative authority may impose a charge on the furnishing of lodging by a lodging business located in the area.
(1) There shall not be more than six classifications upon
which a charge can be imposed.
(2) Classifications can be based upon the number of
rooms, room revenue, or location within the area.
(3) Each classification may have its own rate, which
shall be expressed in terms of nights of stay.
(4) In no case may the rate under this section be in excess
of two dollars per night of stay. [2003 c 148 § 5.]
35.101.050
35.101.100
35.101.060 Notice of hearing. Notice of a hearing held
under RCW 35.101.030 shall be given by:
(1) One publication of the resolution of intention in a
newspaper of general circulation in the city or county in
which the area is to be established; and
(2) Mailing a complete copy of the resolution of intention to each lodging business in the proposed area.
Publication and mailing shall be completed at least ten
days prior to the date and time of the hearing. [2003 c 148 §
6.]
35.101.060
35.101.070 Conduct of hearing—Termination of proceedings. Whenever a hearing is held under RCW
35.101.030, the legislative authority shall hear all protests
and receive evidence for or against the proposed action. The
legislative authority may continue the hearing from time to
time. Proceedings shall terminate if protest is made by the
lodging businesses in the area which would pay a majority of
the proposed charges. [2003 c 148 § 7.]
35.101.070
35.101.080 Establishment of area—Ordinance. Only
after an initiation petition has been presented to the legislative authority under RCW 35.101.020 and only after the legislative authority has conducted a hearing under RCW
35.101.030, may the legislative authority adopt an ordinance
to establish an area. If the legislative authority adopts an
ordinance to establish an area, the ordinance shall contain the
following information:
(1) The number, date, and title of the resolution of intention pursuant to which it was adopted;
(2) The time and place the hearing was held concerning
the formation of the area;
(3) The description of the boundaries of the area;
(4) The initial or additional rate of charges to be imposed
with a breakdown by classification, if such classification is
used;
(5) A statement that an area has been established; and
(6) The uses to which the charge revenue shall be put.
Uses shall conform to the uses declared in the initiation petition under RCW 35.101.020. [2003 c 148 § 8.]
35.101.080
35.101.090 Administration, collection of lodging
charge. (1) The charge authorized by this chapter shall be
administered by the department of revenue and shall be collected by lodging businesses from those persons who are taxable by the state under chapter 82.08 RCW. Chapter 82.32
RCW applies to the charge imposed under this chapter.
(2) At least seventy-five days prior to the effective date
of the resolution or ordinance imposing the charge, the legislative authority shall contract for the administration and collection by the department of revenue.
(3) The charges authorized by this chapter that are collected by the department of revenue shall be deposited by the
department in the local tourism promotion account created in
RCW 35.101.100. [2003 c 148 § 9.]
35.101.090
35.101.052 Lodging charge—Contract for administration and collection of by department of revenue. (1) A
legislative authority shall contract, prior to the effective date
of an ordinance imposing a lodging charge under RCW
35.101.050, for the administration and collection of the
charge by the state department of revenue. The department
may deduct a percentage amount, as provided by contract, for
the administration and collection expenses incurred by the
department.
(2) This section only applies to a legislative authority
consisting of a county with a population of one million or
more or a city or town within such a county. [2009 c 442 § 2.]
35.101.052
35.101.055 Lodging charge—Exemption for temporary medical housing. The lodging charge authorized in
RCW 35.101.050 does not apply to temporary medical housing exempt under RCW 82.08.997. [2008 c 137 § 6.]
35.101.055
Effective date—2008 c 137: See note following RCW 82.08.997.
(2010 Ed.)
35.101.100 Local tourism promotion account created. The local tourism promotion account is created in the
custody of the state treasurer. All receipts from the charges
for tourism promotion must be deposited into this account.
35.101.100
[Title 35 RCW—page 337]
35.101.110
Title 35 RCW: Cities and Towns
Expenditures from the account may only be used for tourism
promotion. The state treasurer shall distribute the money in
the account on a monthly basis to the legislative authority on
whose behalf the money was collected. [2003 c 148 § 10.]
35.101.110 Charges are in addition to special assessments. The charges imposed under this chapter are in addition to the special assessments that may be levied under chapter 35.87A RCW. [2003 c 148 § 11.]
35.101.110
35.101.120 Charges are not a tax on sale of lodging.
The charges imposed under this chapter are not a tax on the
"sale of lodging" for the purposes of RCW 82.14.410. [2003
c 148 § 12.]
35.101.120
35.101.130 Legislative authority has sole discretion
concerning use for tourism promotion—Contracts for
operation of area. (1) The legislative authority imposing the
charge shall have sole discretion as to how the revenue
derived from the charge is to be used to promote tourism.
However, the legislative authority may appoint existing advisory boards or commissions to make recommendations as to
its use, or the legislative authority may create a new advisory
board or commission for the [that] purpose.
(2) The legislative authority may contract with tourism
destination marketing organizations or other similar organizations to administer the operation of the area, so long as the
administration complies with all applicable provisions of
law, including this chapter, and with all county, city, or town
resolutions and ordinances, and with all regulations lawfully
imposed by the state auditor or other state agencies. [2003 c
148 § 13.]
35.101.130
35.101.140 Disestablishment of area—Hearing—
Resolution. The legislative authority may disestablish an
area by ordinance after a hearing before the legislative
authority. The legislative authority shall adopt a resolution of
intention to disestablish the area at least fifteen days prior to
the hearing required by this section. The resolution shall
give the time and place of the hearing. [2003 c 148 § 14.]
35.101.140
Chapter 35.102 RCW
MUNICIPAL BUSINESS AND OCCUPATION TAX
Chapter 35.102
Sections
35.102.010
35.102.020
35.102.030
35.102.040
35.102.050
35.102.060
35.102.070
35.102.080
35.102.090
35.102.100
35.102.110
35.102.120
35.102.130
35.102.1301
35.102.140
35.102.145
35.102.150
Findings—Intent.
Limited scope—Utility businesses.
Definitions.
Model ordinance—Mandatory provisions.
Nexus required.
Multiple taxation—Credit system.
Reporting frequency.
Computation of interest.
Penalties.
Claim period.
Refund period.
Definitions—Tax classifications.
Allocation and apportionment of income.
Municipal business and occupation tax—Study of potential
net fiscal impacts.
Municipal business and occupation tax—Implementation by
cities—Contingent authority.
Municipal business and occupation tax—Confidentiality,
privilege, and disclosure.
Allocation of income—Printing and publishing activities.
[Title 35 RCW—page 338]
35.102.160
35.102.900
Professional employer organizations—Tax deduction.
Captions not law—2003 c 79.
35.102.010 Findings—Intent. The legislature finds
that businesses in Washington are concerned about the potential for multiple taxation that arises due to the various city
business and occupation taxes and are concerned about the
lack of uniformity among city jurisdictions. The current system has a negative impact on Washington’s business climate.
The legislature further finds that local business and occupation tax revenue provides a sizable portion of city revenue
that is used for essential services. The legislature recognizes
that local government services contribute to a healthy business climate.
The legislature intends to provide for a more uniform
system of city business and occupation taxes that eliminates
multiple taxation, while allowing for some continued local
control and flexibility to cities. [2003 c 79 § 1.]
35.102.010
35.102.020 Limited scope—Utility businesses. Chapter 79, Laws of 2003 does not apply to taxes on any service
that historically or traditionally has been taxed as a utility
business for municipal tax purposes, such as:
(1) A light and power business or a natural gas distribution business, as defined in RCW 82.16.010;
(2) A telephone business, as defined in RCW 82.16.010;
(3) Cable television services;
(4) Sewer or water services;
(5) Drainage services;
(6) Solid waste services; or
(7) Steam services. [2007 c 6 § 1021; 2003 c 79 § 2.]
35.102.020
Part headings not law—Savings—Effective date—Severability—
2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.495.
35.102.030 Definitions. The definitions in this section
apply throughout chapter 79, Laws of 2003, unless the context clearly requires otherwise.
(1) "Business" has the same meaning as given in chapter
82.04 RCW.
(2) "City" means a city, town, or code city.
(3) "Business and occupation tax" or "gross receipts tax"
means a tax imposed on or measured by the value of products, the gross income of the business, or the gross proceeds
of sales, as the case may be, and that is the legal liability of
the business.
(4) "Value of products" has the same meaning as given in
chapter 82.04 RCW.
(5) "Gross income of the business" has the same meaning as given in chapter 82.04 RCW.
(6) "Gross proceeds of sales" has the same meaning as
given in chapter 82.04 RCW. [2003 c 79 § 3.]
35.102.030
35.102.040 Model ordinance—Mandatory provisions. (1)(a) The cities, working through the association of
Washington cities, shall form a model ordinance development committee made up of a representative sampling of cities that as of July 27, 2003, impose a business and occupation
tax. This committee shall work through the association of
Washington cities to adopt a model ordinance on municipal
gross receipts business and occupation tax. The model ordi35.102.040
(2010 Ed.)
Municipal Business and Occupation Tax
nance and subsequent amendments shall be adopted using a
process that includes opportunity for substantial input from
business stakeholders and other members of the public. Input
shall be solicited from statewide business associations and
from local chambers of commerce and downtown business
associations in cities that levy a business and occupation tax.
(b) The department of commerce shall contract to post
the model ordinance on an internet web site and to make
paper copies available for inspection upon request. The
department of revenue and the department of licensing shall
post copies of or links to the model ordinance on their internet web sites. Additionally, a city that imposes a business
and occupation tax must make copies of its ordinance available for inspection and copying as provided in chapter 42.56
RCW.
(c) The definitions and tax classifications in the model
ordinance may not be amended more frequently than once
every four years, however the model ordinance may be
amended at any time to comply with changes in state law.
Any amendment to a mandatory provision of the model ordinance must be adopted with the same effective date by all cities.
(2) A city that imposes a business and occupation tax
must adopt the mandatory provisions of the model ordinance.
The following provisions are mandatory:
(a) A system of credits that meets the requirements of
RCW 35.102.060 and a form for such use;
(b) A uniform, minimum small business tax threshold of
at least the equivalent of twenty thousand dollars in gross
income annually. A city may elect to deviate from this
requirement by creating a higher threshold or exemption but
it shall not deviate lower than the level required in this subsection. If a city has a small business threshold or exemption
in excess of that provided in this subsection as of January 1,
2003, and chooses to deviate below the threshold or exemption level that was in place as of January 1, 2003, the city
must notify all businesses licensed to do business within the
city at least one hundred twenty days prior to the potential
implementation of a lower threshold or exemption amount;
(c) Tax reporting frequencies that meet the requirements
of RCW 35.102.070;
(d) Penalty and interest provisions that meet the requirements of RCW 35.102.080 and 35.102.090;
(e) Claim periods that meet the requirements of RCW
35.102.100;
(f) Refund provisions that meet the requirements of
RCW 35.102.110; and
(g) Definitions, which at a minimum, must include the
definitions enumerated in RCW 35.102.030 and 35.102.120.
The definitions in chapter 82.04 RCW shall be used as the
baseline for all definitions in the model ordinance, and any
deviation in the model ordinance from these definitions must
be described by a comment in the model ordinance.
(3) Except for the deduction required by RCW
35.102.160 and the system of credits developed to address
multiple taxation under subsection (2)(a) of this section, a
city may adopt its own provisions for tax exemptions, tax
credits, and tax deductions.
(4) Any city that adopts an ordinance that deviates from
the nonmandatory provisions of the model ordinance shall
make a description of such differences available to the public,
(2010 Ed.)
35.102.060
in written and electronic form. [2010 c 271 § 706; 2006 c 301
§ 7; 2005 c 274 § 266; 2003 c 79 § 4.]
Purpose—Effective date—2010 c 271: See notes following RCW
43.330.005.
Effective date—Act does not affect application of Title 50 or 51
RCW—2006 c 301: See notes following RCW 82.32.710.
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
35.102.050 Nexus required. A city may not impose a
business and occupation tax on a person unless that person
has nexus with the city. For the purposes of this section, the
term "nexus" means business activities conducted by a person sufficient to subject that person to the taxing jurisdiction
of a city under the standards established for interstate commerce under the commerce clause of the United States Constitution. Mere registration under or compliance with the
streamlined sales and use tax agreement does not constitute
nexus for the purposes of this section. [2008 c 129 § 4; 2003
c 79 § 5.]
35.102.050
35.102.060 Multiple taxation—Credit system. (1) A
city that imposes a business and occupation tax shall provide
for a system of credits to avoid multiple taxation as follows:
(a) Persons who engage in business activities that are
within the purview of more than one classification of the tax
shall be taxable under each applicable classification.
(b) Notwithstanding anything to the contrary in this section, if imposition of the tax would place an undue burden
upon interstate commerce or violate constitutional requirements, a taxpayer shall be allowed a credit only to the extent
necessary to preserve the validity of the tax.
(c) Persons taxable under the retailing or wholesaling
classification with respect to selling products in a city shall be
allowed a credit against those taxes for any eligible gross
receipts taxes paid by the person (i) with respect to the manufacturing of the products sold in the city, and (ii) with
respect to the extracting of the products, or the ingredients
used in the products, sold in the city. The amount of the
credit shall not exceed the tax liability arising with respect to
the sale of those products.
(d) Persons taxable under the manufacturing classification with respect to manufacturing products in a city shall be
allowed a credit against that tax for any eligible gross receipts
tax paid by the person with respect to extracting the ingredients of the products manufactured in the city and with respect
to manufacturing the products other than in the city. The
amount of the credit shall not exceed the tax liability arising
with respect to the manufacturing of those products.
(e) Persons taxable under the retailing or wholesaling
classification with respect to selling products in a city shall be
allowed a credit against those taxes for any eligible gross
receipts taxes paid by the person with respect to the printing,
or the printing and publishing, of the products sold within the
city. The amount of the credit shall not exceed the tax liability arising with respect to the sale of those products.
(2) The model ordinance shall be drafted to address the
issue of multiple taxation for those tax classifications that are
in addition to those enumerated in subsection (1)(c) through
(e) of this section. The objective of any such provisions shall
35.102.060
[Title 35 RCW—page 339]
35.102.070
Title 35 RCW: Cities and Towns
be to eliminate multiple taxation of the same income by two
or more cities. [2003 c 79 § 6.]
model ordinance must be uniform among all cities. [2003 c
79 § 12.]
35.102.070 Reporting frequency. A city that imposes
a business and occupation tax shall allow reporting and payment of tax on a monthly, quarterly, or annual basis. The frequency for any particular person may be assigned at the discretion of the city, except that monthly reporting may be
assigned only if it can be demonstrated that the taxpayer is
remitting excise tax to the state on a monthly basis. For persons assigned a monthly frequency, payment is due within
the same time period provided for monthly taxpayers under
RCW 82.32.045. For persons assigned a quarterly or annual
frequency, payment is due within the same time period as
provided for quarterly or annual frequency under RCW
82.32.045. [2003 c 79 § 7.]
35.102.130 Allocation and apportionment of income.
A city that imposes a business and occupation tax must provide for the allocation and apportionment of a person’s gross
income, other than persons subject to the provisions of chapter 82.14A RCW, as follows:
(1) Gross income derived from all activities other than
those taxed as service or royalties must be allocated to the
location where the activity takes place.
(a) In the case of sales of tangible personal property, the
activity takes place where delivery to the buyer occurs.
(b)(i) In the case of sales of digital products, the activity
takes place where delivery to the buyer occurs. The delivery
of digital products will be deemed to occur at:
(A) The seller’s place of business if the purchaser
receives the digital product at the seller’s place of business;
(B) If not received at the seller’s place of business, the
location where the purchaser or the purchaser’s donee, designated as such by the purchaser, receives the digital product,
including the location indicated by instructions for delivery
to the purchaser or donee, known to the seller;
(C) If the location where the purchaser or the purchaser’s
donee receives the digital product is not known, the purchaser’s address maintained in the ordinary course of the
seller’s business when use of this address does not constitute
bad faith;
(D) If no address for the purchaser is maintained in the
ordinary course of the seller’s business, the purchaser’s
address obtained during the consummation of the sale,
including the address of a purchaser’s payment instrument, if
no other address is available, when use of this address does
not constitute bad faith; and
(E) If no address for the purchaser is obtained during the
consummation of the sale, the address where the digital good
or digital code is first made available for transmission by the
seller or the address from which the digital automated service
or service described in RCW 82.04.050 (2)(g) or (6)(b) was
provided, disregarding for these purposes any location that
merely provided the digital transfer of the product sold.
(ii) If none of the methods in (b)(i) of this subsection (1)
for determining where the delivery of digital products occurs
are available after a good faith effort by the taxpayer to apply
the methods provided in (b)(i)(A) through (E) of this subsection (1), then the city and the taxpayer may mutually agree to
employ any other method to effectuate an equitable allocation of income from the sale of digital products. The taxpayer
will be responsible for petitioning the city to use an alternative method under this subsection (1)(b)(ii). The city may
employ an alternative method for allocating the income from
the sale of digital products if the methods provided in
(b)(i)(A) through (E) of this subsection (1) are not available
and the taxpayer and the city are unable to mutually agree on
an alternative method to effectuate an equitable allocation of
income from the sale of digital products.
(iii) For purposes of this subsection (1)(b), the following
definitions apply:
(A) "Digital automated services," "digital codes," and
"digital goods" have the same meaning as in RCW 82.04.192;
35.102.070
35.102.080 Computation of interest. (1) A city that
imposes a business and occupation tax shall compute interest
charged a taxpayer on an underpaid tax or penalty in accordance with RCW 82.32.050.
(2) A city that imposes a business and occupation tax
shall compute interest paid on refunds or credits of amounts
paid or other recovery allowed a taxpayer in accordance with
RCW 82.32.060. [2003 c 79 § 8.]
35.102.080
35.102.090 Penalties. A city that imposes a business
and occupation tax shall provide for the imposition of penalties in accordance with chapter 82.32 RCW. [2003 c 79 § 9.]
35.102.090
35.102.100 Claim period. The provisions relating to
the time period allowed for an assessment or correction of an
assessment for additional taxes, penalties, or interest shall be
in accordance with chapter 82.32 RCW. [2003 c 79 § 10.]
35.102.100
35.102.110 Refund period. The provisions relating to
the time period allowed for a refund of taxes paid shall be in
accordance with chapter 82.32 RCW. [2003 c 79 § 11.]
35.102.110
35.102.120 Definitions—Tax classifications. (1) In
addition to the definitions in RCW 35.102.030, the following
terms and phrases must be defined in the model ordinance
under RCW 35.102.040, and such definitions shall include
any specific requirements as noted in this subsection:
(a) Eligible gross receipts tax.
(b) Extracting.
(c) Manufacturing. Software development may not be
defined as a manufacturing activity.
(d) Retailing.
(e) Retail sale.
(f) Services. The term "services" excludes retail or
wholesale services.
(g) Wholesale sale.
(h) Wholesaling.
(i) To manufacture.
(j) Commercial and industrial use.
(k) Engaging in business.
(l) Person.
(2) Any tax classifications in addition to those enumerated in subsection (1) of this section that are included in the
35.102.120
[Title 35 RCW—page 340]
35.102.130
(2010 Ed.)
Municipal Business and Occupation Tax
(B) "Digital products" means digital goods, digital
codes, digital automated services, and the services described
in RCW 82.04.050 (2)(g) and (6)(b); and
(C) "Receive" has the same meaning as in RCW
82.32.730.
(c) If a business activity allocated under this subsection
(1) takes place in more than one city and all cities impose a
gross receipts tax, a credit must be allowed as provided in
RCW 35.102.060; if not all of the cities impose a gross
receipts tax, the affected cities must allow another credit or
allocation system as they and the taxpayer agree.
(2) Gross income derived as royalties from the granting
of intangible rights must be allocated to the commercial
domicile of the taxpayer.
(3) Gross income derived from activities taxed as services shall be apportioned to a city by multiplying apportionable income by a fraction, the numerator of which is the payroll factor plus the service-income factor and the denominator of which is two.
(a) The payroll factor is a fraction, the numerator of
which is the total amount paid in the city during the tax period
by the taxpayer for compensation and the denominator of
which is the total compensation paid everywhere during the
tax period. Compensation is paid in the city if:
(i) The individual is primarily assigned within the city;
(ii) The individual is not primarily assigned to any place
of business for the tax period and the employee performs fifty
percent or more of his or her service for the tax period in the
city; or
(iii) The individual is not primarily assigned to any place
of business for the tax period, the individual does not perform
fifty percent or more of his or her service in any city, and the
employee resides in the city.
(b) The service income factor is a fraction, the numerator
of which is the total service income of the taxpayer in the city
during the tax period, and the denominator of which is the
total service income of the taxpayer everywhere during the
tax period. Service income is in the city if:
(i) The customer location is in the city; or
(ii) The income-producing activity is performed in more
than one location and a greater proportion of the serviceincome-producing activity is performed in the city than in
any other location, based on costs of performance, and the
taxpayer is not taxable at the customer location; or
(iii) The service-income-producing activity is performed
within the city, and the taxpayer is not taxable in the customer
location.
(c) If the allocation and apportionment provisions of this
subsection do not fairly represent the extent of the taxpayer’s
business activity in the city or cities in which the taxpayer
does business, the taxpayer may petition for or the tax administrators may jointly require, in respect to all or any part of the
taxpayer’s business activity, that one of the following methods be used jointly by the cities to allocate or apportion gross
income, if reasonable:
(i) Separate accounting;
(ii) The use of a single factor;
(iii) The inclusion of one or more additional factors that
will fairly represent the taxpayer’s business activity in the
city; or
(2010 Ed.)
35.102.1301
(iv) The employment of any other method to effectuate
an equitable allocation and apportionment of the taxpayer’s
income.
(4) The definitions in this subsection apply throughout
this section.
(a) "Apportionable income" means the gross income of
the business taxable under the service classifications of a
city’s gross receipts tax, including income received from
activities outside the city if the income would be taxable
under the service classification if received from activities
within the city, less any exemptions or deductions available.
(b) "Compensation" means wages, salaries, commissions, and any other form of remuneration paid to individuals
for personal services that are or would be included in the individual’s gross income under the federal internal revenue
code.
(c) "Individual" means any individual who, under the
usual common law rules applicable in determining the
employer-employee relationship, has the status of an
employee of that taxpayer.
(d) "Customer location" means the city or unincorporated area of a county where the majority of the contacts
between the taxpayer and the customer take place.
(e) "Primarily assigned" means the business location of
the taxpayer where the individual performs his or her duties.
(f) "Service-taxable income" or "service income" means
gross income of the business subject to tax under either the
service or royalty classification.
(g) "Tax period" means the calendar year during which
tax liability is accrued. If taxes are reported by a taxpayer on
a basis more frequent than once per year, taxpayers shall calculate the factors for the previous calendar year for reporting
in the current calendar year and correct the reporting for the
previous year when the factors are calculated for that year,
but not later than the end of the first quarter of the following
year.
(h) "Taxable in the customer location" means either that
a taxpayer is subject to a gross receipts tax in the customer
location for the privilege of doing business, or that the government where the customer is located has the authority to
subject the taxpayer to gross receipts tax regardless of
whether, in fact, the government does so. [2010 c 111 § 305;
2003 c 79 § 13.]
Purpose—Retroactive application—Effective date—2010 c 111:
See notes following RCW 82.04.050.
Effective date—2003 c 79 § 13: "Section 13 of this act takes effect January 1, 2008." [2003 c 79 § 19.]
35.102.1301 Municipal business and occupation
tax—Study of potential net fiscal impacts. (1) The department of revenue shall conduct a study of the net fiscal
impacts of chapter 79, Laws of 2003, with particular emphasis on the revenue impacts of the apportionment and allocation method contained in RCW 35.102.130 and any revenue
impact resulting from the increased uniformity and consistency provided through the model ordinance. In conducting
the study, the department shall use, and regularly consult
with, a committee composed of an equal representation from
interested business representatives and from a representative
sampling of cities imposing business and occupation taxes.
The department shall report the final results of the study to
35.102.1301
[Title 35 RCW—page 341]
35.102.140
Title 35 RCW: Cities and Towns
the governor and the fiscal committees of the legislature by
November 30, 2005. In addition, the department shall provide progress reports to the governor and the fiscal committees of the legislature on November 30, 2003, and November
30, 2004. As part of its report, the department shall examine
and recommend options to address any adverse revenue
impacts to local jurisdictions.
(2) For the purposes of this section, "net fiscal impacts"
means accounting for the potential of both positive and negative fiscal impacts on local jurisdictions that may result from
chapter 79, Laws of 2003.
(3) It is the intent of the legislature through this study to
provide accurate fiscal impact analysis and recommended
options to alleviate revenue impacts from chapter 79, Laws of
2003 so as to allow local jurisdictions to anticipate and appropriately address any potential adverse revenue impacts from
chapter 79, Laws of 2003. [2003 c 79 § 15.]
35.102.140 Municipal business and occupation tax—
Implementation by cities—Contingent authority. Cities
imposing business and occupation taxes must comply with all
requirements of RCW 35.102.020 through 35.102.130 by
December 31, 2004. A city that has not complied with the
requirements of RCW 35.102.020 through 35.102.130 by
December 31, 2004, may not impose a tax that is imposed by
a city on the privilege of engaging in business activities. Cities imposing business and occupation taxes after December
31, 2004, must comply with RCW 35.102.020 through
35.102.130. [2003 c 79 § 14.]
35.102.160 Professional employer organizations—
Tax deduction. (1) A city that imposes its business and
occupation tax on professional employer services performed
by a professional employer organization, regardless of the tax
classification applicable to such services, shall provide a
deduction identical to the deduction in RCW 82.04.540(2).
(2) For the purposes of this section, "professional
employer organization" and "professional employer services"
have the same meanings as in RCW 82.04.540. [2006 c 301
§ 6.]
35.102.160
Effective date—Act does not affect application of Title 50 or 51
RCW—2006 c 301: See notes following RCW 82.32.710.
35.102.900 Captions not law—2003 c 79. Captions
used in this act are not any part of the law. [2003 c 79 § 17.]
35.102.900
Chapter 35.103
35.102.140
35.102.145 Municipal business and occupation tax—
Confidentiality, privilege, and disclosure. A city that
imposes a business and occupation tax may by ordinance provide that return or tax information is confidential, privileged,
and subject to disclosure in the manner provided by RCW
82.32.330. [2010 c 106 § 101.]
35.102.145
Effective date—2010 c 106: "Except as otherwise provided in sections
401, 409, and 412 of this act, this act takes effect July 1, 2010." [2010 c 106
§ 407.]
35.102.150 Allocation of income—Printing and publishing activities. Notwithstanding RCW 35.102.130, a city
that imposes a business and occupation tax must allocate a
person’s gross income from the activities of printing, and of
publishing newspapers, periodicals, or magazines, to the
principal place in this state from which the taxpayer’s business is directed or managed. As used in this section, the
activities of printing, and of publishing newspapers, periodicals, or magazines are those activities to which the tax rates
in RCW 82.04.260(13) and *82.04.280(1) apply. [2010 1st
sp.s. c 23 § 519; 2009 c 461 § 4; 2006 c 272 § 1.]
35.102.150
*Reviser’s note: RCW 82.04.280 was amended by 2010 c 106 §§ 205
and 206, changing subsection (1) to subsection (1)(a).
Effective date—2010 1st sp.s. c 23: See note following RCW
82.04.4292.
Findings—Intent—2010 1st sp.s. c 23: See notes following RCW
82.04.220.
Effective date—Contingent effective date—2009 c 461: See note following RCW 82.04.280.
Effective date—2006 c 272: "This act takes effect January 1, 2008."
[2006 c 272 § 2.]
[Title 35 RCW—page 342]
Chapter 35.103 RCW
FIRE DEPARTMENTS—
PERFORMANCE MEASURES
Sections
35.103.010
35.103.020
35.103.030
35.103.040
35.103.050
35.103.900
Intent.
Definitions.
Policy statement—Service delivery objectives.
Annual evaluations—Annual report.
Maintenance of response times in newly annexed areas—Firefighter transfers.
Part headings not law—2005 c 376.
35.103.010 Intent. The legislature intends for city fire
departments to set standards for addressing the reporting and
accountability of substantially career fire departments, and to
specify performance measures applicable to response time
objectives for certain major services. The legislature
acknowledges the efforts of the international city/county
management association, the international association of fire
chiefs, and the national fire protection association for the
organization and deployment of resources for fire departments. The arrival of first responders with automatic external
defibrillator capability before the onset of brain death, and
the arrival of adequate fire suppression resources before
flash-over is a critical event during the mitigation of an emergency, and is in the public’s best interest. For these reasons,
this chapter contains performance measures, comparable to
that research, relating to the organization and deployment of
fire suppression operations, emergency medical operations,
and special operations by substantially career fire departments. This chapter does not, and is not intended to, in any
way modify or limit the authority of cities and towns to set
levels of service. [2005 c 376 § 101.]
35.103.010
35.103.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Advanced life support" means functional provision
of advanced airway management, including intubation,
advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug
therapy.
(2) "Aircraft rescue and firefighting" means the firefighting actions taken to rescue persons and to control or extinguish fire involving or adjacent to aircraft on the ground.
35.103.020
(2010 Ed.)
Fire Departments—Performance Measures
(3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins
four to six minutes after cardiac arrest.
(4) "City" means a first-class city or a second-class city
that provides fire protection services in a specified geographic area.
(5) "Fire department" means a city or town fire department responsible for firefighting actions, emergency medical
services, and other special operations in a specified geographic area. The department must be a substantially career
fire department, and not a substantially volunteer fire department.
(6) "Fire suppression" means the activities involved in
controlling and extinguishing fires.
(7) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator
capability.
(8) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room
burst into flame and the fire spreads rapidly.
(9) "Marine rescue and firefighting" means the firefighting actions taken to prevent, control, or extinguish fire
involved in or adjacent to a marine vessel and the rescue
actions for occupants using normal and emergency routes for
egress.
(10) "Response time" means the time immediately following the turnout time that begins when units are en route to
the emergency incident and ends when units arrive at the
scene.
(11) "Special operations" means those emergency incidents to which the fire department responds that require specific and advanced training and specialized tools and equipment.
(12) "Town" means a town that provides fire protection
services, which may include firefighting actions, emergency
medical services, and other special operations, in a specified
geographic area.
(13) "Turnout time" means the time beginning when
units receive notification of the emergency to the beginning
point of response time. [2005 c 376 § 102.]
35.103.030 Policy statement—Service delivery objectives. (1) Every city and town shall maintain a written statement or policy that establishes the following:
(a) The existence of a fire department;
(b) Services that the fire department is required to provide;
(c) The basic organizational structure of the fire department;
(d) The expected number of fire department employees;
and
(e) Functions that fire department employees are
expected to perform.
(2) Every city and town shall include service delivery
objectives in the written statement or policy required under
subsection (1) of this section. These objectives shall include
specific response time objectives for the following major service components, if appropriate:
(a) Fire suppression;
(b) Emergency medical services;
35.103.030
(2010 Ed.)
35.103.900
(c) Special operations;
(d) Aircraft rescue and firefighting;
(e) Marine rescue and firefighting; and
(f) Wild land firefighting.
(3) Every city and town, in order to measure the ability to
arrive and begin mitigation operations before the critical
events of brain death or flash-over, shall establish time objectives for the following measurements:
(a) Turnout time;
(b) Response time for the arrival of the first arriving
engine company at a fire suppression incident and response
time for the deployment of a full first alarm assignment at a
fire suppression incident;
(c) Response time for the arrival of a unit with first
responder or higher level capability at an emergency medical
incident; and
(d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.
(4) Every city and town shall also establish a performance objective of not less than ninety percent for the
achievement of each response time objective established
under subsection (3) of this section. [2005 c 376 § 103.]
35.103.040 Annual evaluations—Annual report. (1)
Every city and town shall evaluate its level of service and
deployment delivery and response time objectives on an
annual basis. The evaluations shall be based on data relating
to level of service, deployment, and the achievement of each
response time objective in each geographic area within the
jurisdiction of the city or town.
(2) Beginning in 2007, every city and town shall issue an
annual written report which shall be based on the annual evaluations required by subsection (1) of this section.
(a) The annual report shall define the geographic areas
and circumstances in which the requirements of this standard
are not being met.
(b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are
necessary to achieve compliance. [2005 c 376 § 104.]
35.103.040
35.103.050 Maintenance of response times in newly
annexed areas—Firefighter transfers. Cities and towns
conducting annexations of all or part of fire protection districts shall, at least through the budget cycle, or the following
budget cycle if the annexation occurs in the last half of the
current budget cycle, in which the annexation occurs, maintain existing fire protection and emergency services response
times in the newly annexed areas consistent with response
times recorded prior to the annexation as defined in the previous annual report for the fire protection district and as
reported in RCW 52.33.040. If the city or town is unable to
maintain these service levels in the newly annexed area, the
transfer of firefighters from the annexed fire protection district as a direct result of the annexation must occur pursuant
to RCW 35.13.238 (4) through (8). [2009 c 60 § 8.]
35.103.050
35.103.900 Part headings not law—2005 c 376. Part
headings used in this act are not any part of the law. [2005 c
376 § 501.]
35.103.900
[Title 35 RCW—page 343]
Chapter 35.104
Title 35 RCW: Cities and Towns
Chapter 35.104 RCW
HEALTH SCIENCES AND SERVICES AUTHORITIES
Chapter 35.104
Sections
35.104.010
35.104.020
35.104.030
35.104.040
35.104.050
35.104.060
35.104.070
35.104.080
35.104.090
35.104.100
35.104.110
Purpose.
Definitions.
Creation.
Applications.
Governing board.
Powers and duties.
General indebtedness—General obligation bonds.
Limitation on bonds issued.
Liability.
Dissolution of sponsoring local government.
Borrowed moneys—Liability.
35.104.010 Purpose. The health sciences and services
program is created to promote bioscience-based economic
development and advance new therapies and procedures to
combat disease and promote public health. [2007 c 251 § 2.]
35.104.010
Captions not law—2007 c 251: "Captions used in this act are not any
part of the law." [2007 c 251 § 14.]
Severability—2007 c 251: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 251 § 15.]
35.104.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Authority" means a health sciences and services
authority created pursuant to this chapter.
(2) "Board" means the governing board of trustees of an
authority.
(3) "Director" means [the director of] the higher education coordinating board.
(4) "Health sciences and services" means biosciences
that advance new therapies and procedures to combat disease
and promote public health.
(5) "Local government" means a city, town, or county.
(6) "Sponsoring local government" means a city, town,
or county that creates a health sciences and services authority. [2007 c 251 § 1.]
35.104.020
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.030 Creation. A local government must establish by ordinance or resolution an authority. At a minimum,
the ordinance must:
(1) Specify the powers to be exercised by the authority;
(2) Reserve the local government’s right to dissolve the
authority after its contractual responsibilities have expired;
(3) Establish an administrative board, including: (a) The
number of board members; (b) the times and terms of
appointment for each board position; (c) the amount of compensation, if any, to be paid to board members; (d) the procedures for removing board members and filing vacancies; and
(e) the qualifications for the appointment of individuals to the
board;
(4) Establish the authority’s boundaries, which must be
contiguous tracts of land;
(5) Ensure that private and public funds provided to the
authority will be segregated;
35.104.030
[Title 35 RCW—page 344]
(6) Establish guidelines under which the authority may
invest its funds;
(7) Provide the requirements for auditing the records of
the authority; and
(8) Require the local government’s legal counsel to also
provide legal services to the authority. [2007 c 251 § 3.]
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.040 Applications. (1) The higher education
coordinating board may approve applications submitted by
local governments for an area’s designation as a health sciences and services authority under this chapter. The director
must determine the division to review applications submitted
by local governments under this chapter. The application for
designation must be in the form and manner and contain such
information as the higher education coordinating board may
prescribe, provided the application:
(a) Contains sufficient information to enable the director
to determine the viability of the proposal;
(b) Demonstrates that an ordinance or resolution has
been passed by the legislative authority of a local government
that delineates the boundaries of an area that may be designated an authority;
(c) Is submitted on behalf of the local government, or, if
that office does not exist, by the legislative body of the local
government;
(d) Demonstrates that the public funds directed to programs or facilities in the authority will leverage private sector
resources and contributions to activities to be performed;
(e) Provides a plan or plans for the development of the
authority as an entity to advance as a cluster for health sciences education, health sciences research, biotechnology
development, biotechnology product commercialization,
and/or health care services; and
(f) Demonstrates that the state has previously provided
funds to health sciences and services programs or facilities in
the applicant city, town, or county.
(2) The director must determine the division to develop
criteria to evaluate the application. The criteria must include:
(a) The presence of infrastructure capable of spurring
development of the area as a center of health sciences and
services;
(b) The presence of higher education facilities where
undergraduate or graduate coursework or research is conducted; and
(c) The presence of facilities in which health services are
provided.
(3) There may be no more than two authorities statewide.
(4) An authority may only be created in a county with a
population of less than one million persons and located east
of the crest of the Cascade mountains.
(5) The director may reject or approve an application.
When denying an application, the director must specify the
application’s deficiencies. The decision regarding such designation as it relates to a specific local government is final;
however, a rejected application may be resubmitted.
(6) Applications are due by December 31, 2010, and
must be processed within sixty days of submission.
35.104.040
(2010 Ed.)
Health Sciences and Services Authorities
(7) The director may, at his or her discretion, amend the
boundaries of an authority upon the request of the local government.
(8) The higher education coordinating board may adopt
any rules necessary to implement this chapter.
(9) The higher education coordinating board must
develop evaluation and performance measures in order to
evaluate the effectiveness of the programs in the authorities
that are funded with public resources. A report to the legislature is due on a biennial basis beginning December 1, 2009.
In addition, the higher education coordinating board must
develop evaluation criteria that enables the local governments to measure the effectiveness of the program. [2010 1st
sp.s. c 33 § 2; 2007 c 251 § 4.]
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.050 Governing board. (1) An authority shall be
overseen by a board with not more than fourteen members.
The authority board shall select the chair. Board members
must have some experience with the mission of the authority.
The board members shall be appointed as follows:
(a) The governor shall appoint three members;
(b) The county legislative authority in which the authority resides shall appoint three members;
(c) The mayor of the city in which the authority is created, or the mayor of the largest city within the authority if
created by a county, shall appoint three members; and
(d) Up to five additional members may be appointed by
the board.
(2) A simple majority of the board members shall constitute a quorum.
(3) The board shall annually elect a secretary and any
other officers it deems necessary.
(4) The local government shall designate an individual
with financial experience to serve as treasurer. The individual may be a city or county treasurer, city or county auditor,
or a private party. If the treasurer is a private party, the local
government shall require a bond in an amount and under such
terms and conditions as the local government deems necessary to protect the authority. The treasurer shall have the
power to create and maintain funds, issue warrants, and
invest funds in its possession.
(5) The board may adopt bylaws or rules for their own
governance.
(6) Meetings of the board shall be held in accordance
with the open public meetings act, chapter 42.30 RCW, and
at the call of the chair or when a majority of the board so
requests. Meetings of the board may be held at any location
and board members may participate in a meeting of the board
by means of a conference telephone or similar communication equipment under RCW 23B.08.200. [2007 c 251 § 5.]
35.104.050
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.060 Powers and duties. (1) The authority has
all the general powers necessary to carry out its purposes and
duties and to exercise its specific powers, including the
authority may:
(a) Sue and be sued in its own name;
35.104.060
(2010 Ed.)
35.104.060
(b) Make and execute agreements, contracts, and other
instruments, with any public or private entity or person, in
accordance with this chapter;
(c) Employ, contract with, or engage independent counsel, financial advisors, auditors, other technical or professional assistants, and such other personnel as are necessary or
desirable to implement this chapter;
(d) Establish such special funds, and control deposits to
and disbursements from them, as it finds convenient for the
implementation of this chapter;
(e) Enter into contracts with public and private entities
for research to be conducted in this state;
(f) Delegate any of its powers and duties if consistent
with the purposes of this chapter;
(g) Exercise any other power reasonably required to
implement the purposes of this chapter; and
(h) Hire staff and pay administrative costs; however,
such expenses shall be paid from moneys provided by the
sponsoring local government and moneys received from
gifts, grants, and bequests and the interest earned on the
authority’s accounts and investments. No more than ten percent of the amounts received under RCW 82.14.480 may be
used by a health sciences and services authority for the purposes of subsections (1)(c) and (h) of this section.
(2) In addition to other powers and duties prescribed in
this chapter, the authority is empowered to:
(a) Use the authority’s public moneys, leveraging those
moneys with amounts received from other public and private
sources in accordance with contribution agreements, to promote bioscience-based economic development, and to
advance new therapies and procedures to combat disease and
promote public health;
(b) Solicit and receive gifts, grants, and bequests, and
enter into contribution agreements with private entities and
public entities to receive moneys in consideration of the
authority’s promise to leverage those moneys with the revenue generated by the tax authorized under RCW 82.14.480
and contributions from other public entities and private entities, in order to use those moneys to promote biosciencebased economic development and advance new therapies and
procedures to combat disease and promote public health;
(c) Hold funds received by the authority in trust for their
use pursuant to this chapter to promote bioscience-based economic development and advance new therapies and procedures to combat disease and promote public health;
(d) Manage its funds, obligations, and investments as
necessary and consistent with its purpose, including the segregation of revenues into separate funds and accounts;
(e) Borrow money and incur indebtedness pursuant to
RCW 35.104.110;
(f) Make grants to entities pursuant to contract to promote bioscience-based economic development and advance
new therapies and procedures to combat disease and promote
public health. Grant agreements shall specify the deliverables to be provided by the recipient pursuant to the grant.
Grants to private entities may only be provided under a contractual agreement that ensures the state will receive appropriate consideration, such as an assurance of job creation or
retention, or the delivery of services that provide for the public health, safety, and welfare. The authority shall solicit
requests for funding and evaluate the requests by reference to
[Title 35 RCW—page 345]
35.104.070
Title 35 RCW: Cities and Towns
factors such as: (i) The quality of the proposed research; (ii)
its potential to improve health outcomes, with particular
attention to the likelihood that it will also lower health care
costs, substitute for a more costly diagnostic or treatment
modality, or offer a breakthrough treatment for a particular
disease or condition; (iii) its potential to leverage additional
funding; (iv) its potential to provide health care benefits; (v)
its potential to stimulate employment; and (vi) evidence of
public and private collaboration;
(g) Create one or more advisory boards composed of scientists, industrialists, and others familiar with health sciences
and services; and
(h) Adopt policies and procedures to facilitate the
orderly process of grant application, review, and reward.
(3) The records of the authority shall be subject to audit
by the office of the state auditor. [2010 1st sp.s. c 33 § 1;
2009 c 564 § 921; 2007 c 251 § 6.]
Effective date—2009 c 564: See note following RCW 2.68.020.
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.070 General indebtedness—General obligation bonds. (1) A local government that creates a health sciences and services authority may incur general indebtedness,
and issue general obligation bonds, to finance the grants and
other programs and retire the indebtedness in whole or in part
from the funds distributed pursuant to RCW 82.14.480 and
subject to the following requirements:
(a) The ordinance adopted by the local government creating the authority and authorizing the use of the excise tax in
RCW 82.14.480 indicates an intent to incur this indebtedness
and the maximum amount of this indebtedness that is contemplated; and
(b) The local government includes this statement of the
intent in all notices.
(2) The general indebtedness incurred under this section
may be payable from other tax revenues, the full faith and
credit of the sponsoring local government, and nontax
income, revenues, fees, and rents from the public improvements, as well as contributions, grants, and nontax money
available to the local government for payment of costs of the
grants and other programs or associated debt service on the
general indebtedness. [2007 c 251 § 7.]
35.104.070
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.080 Limitation on bonds issued. The bonds
issued by a local government under RCW 35.104.070 shall
not constitute an obligation of the state of Washington, either
general or special. [2007 c 251 § 8.]
35.104.080
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.090 Liability. (1) Members of the board, as well
as other persons acting on behalf of the authority, while acting within the scope of their employment or agency, shall not
be subject to personal liability resulting from their official
duties conferred on them under this chapter.
(2) The state, the local government that created the
authority, and the authority shall not be liable for any loss,
damage, harm, or other consequences resulting directly or
35.104.090
[Title 35 RCW—page 346]
indirectly from grants provided by the authority or from programs, services, research, or other activities funded with such
grants. [2007 c 251 § 9.]
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.100 Dissolution of sponsoring local government. The board may petition the sponsoring local government to be dissolved upon a showing that it has no reason to
exist and that any assets it retains must be returned to the state
treasurer. [2007 c 251 § 10.]
35.104.100
Captions not law—Severability—2007 c 251: See notes following
RCW 35.104.010.
35.104.110 Borrowed moneys—Liability. (1) A local
government that has established a health sciences and services authority under RCW 35.104.030 may, by ordinance or
resolution, authorize the authority to borrow money under the
conditions set forth in this section.
(2) Moneys borrowed by an authority must be secured by
funds derived from gifts or grants from any source, public or
private, federal, state, or local government grants or payments, or intergovernmental transfers.
(3) The authority shall incur no expense or liability that
is an obligation, either general or special, of the state or local
government, or a general obligation of the authority, and
shall pay no expense or liability from funds other than funds
of the authority. [2010 1st sp.s. c 33 § 4.]
35.104.110
Chapter 35.105
Chapter 35.105 RCW
URBAN FOREST MANAGEMENT
Sections
35.105.010
35.105.020
35.105.030
35.105.040
35.105.050
35.105.060
35.105.070
35.105.080
35.105.090
35.105.100
35.105.110
35.105.120
Definitions.
Coordination with department of natural resources.
Evergreen community recognition program.
Evergreen community grant and competitive awards program.
Development of model evergreen community management
plans and ordinances.
Report to the legislature.
Model evergreen community management plans—Elements to
consider.
Model evergreen community ordinances—Elements to consider.
Evergreen community management plans and ordinances—
Local jurisdictions may adopt.
Submission and review of management plans and evergreen
community ordinances.
Evergreen communities partnership task force.
Limitations of chapter.
35.105.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Community and urban forest assessment" means an
analysis of the community and urban forest inventory to:
Establish the scope and scale of forest-related benefits and
services; determine the economic valuation of such benefits,
highlight trends, and issues of concern; identify high priority
areas to be addressed; outline strategies for addressing the
critical issues and urban landscapes; and identify opportunities for retaining trees, expanding forest canopy, and planting
additional trees to sustain Washington’s urban and community forests.
35.105.010
(2010 Ed.)
Urban Forest Management
(2) "Community and urban forest inventory" means a
management tool designed to gauge the condition, management status, health, and diversity of a community and urban
forest. An inventory may evaluate individual trees or groups
of trees or canopy cover within community and urban forests,
and will be periodically updated by the department of natural
resources.
(3) "Department" means the department of commerce.
(4) "Evergreen community ordinances" means ordinances adopted by the legislative body of a city, town, or
county that relate to urban forests and are consistent with this
chapter.
(5) "Evergreen community" means a city, town, or
county designated as such under RCW 35.105.030.
(6) "Management plan" means an evergreen community
urban forest management plan developed pursuant to this
chapter.
(7) "Public facilities" has the same meaning as defined in
RCW 36.70A.030.
(8) "Public forest" means urban forests owned by the
state, city, town, county, or other public entity within or adjacent to the urban growth areas.
(9) "Reforestation" means establishing and maintaining
trees and urban forest canopy in plantable spaces such as
street rights-of-way, transportation corridors, interchanges
and highways, riparian areas, unstable slopes, shorelines,
public lands, and property of willing private landowners.
(10) "Tree canopy" means the layer of leaves, branches,
and stems of trees that cover the ground when viewed from
above and that can be measured as a percentage of a land area
shaded by trees.
(11) "Urban forest" has the same definition as provided
for the term "community and urban forest" in RCW
76.15.010. [2009 c 565 § 21; 2008 c 299 § 2.]
Short title—2008 c 299: "This act may be known and cited as the evergreen communities act." [2008 c 299 § 37.]
35.105.040
(b) The first graduated step of designation as an evergreen community includes satisfaction of the following
requirements:
(i) The development and implementation of a tree board
or tree department;
(ii) The development of a tree care ordinance;
(iii) The implementation of a community forestry program with an annual budget of at least two dollars for every
city resident;
(iv) Official recognition of arbor day; and
(v) The completion of an updated community and urban
forest inventory for the city, town, or county or the formal
adoption of an inventory developed for the city, town, or
county by the department of natural resources pursuant to
RCW 76.15.070.
(c) The second graduated step of designation as an evergreen community includes the adoption of evergreen community management plans and ordinances that exceed the minimum standards in the model evergreen community management plans and ordinances adopted by the department under
RCW 35.105.050.
(d) The department may require additional graduated
steps and establish the minimum requirements for each recognized step.
(3) The department shall develop gateway signage and
logos for an evergreen community.
(4) The department shall, unless the duty is assumed by
the governor, recognize, certify, and designate cities, towns,
and counties satisfying the criteria developed under this section as an evergreen community.
(5) Applications for evergreen community status must be
submitted to and evaluated by the department of natural
resources. [2008 c 299 § 7.]
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.040 Evergreen community grant and competitive awards program. (1) The department shall, subject to
the availability of amounts appropriated for this specific purpose, coordinate with the department of natural resources in
the development and implementation of a needs-based evergreen community grant and competitive awards program to
provide financial assistance to cities, towns, and counties for
the development, adoption, or implementation of evergreen
community management plans or ordinances developed
under RCW 35.105.090.
(2) The grant program authorized in this section shall
address both the goals of rewarding innovation by a successful evergreen community and of providing resources and
assistance to the applicants with the greatest financial need.
(3) The department may only provide grants to cities,
towns, or counties under this chapter that:
(a) Are recognized as an evergreen community consistent with RCW 35.105.030, or are applying for funds that
would aid them in their pursuit of evergreen community recognition; and
(b) Have developed, or are developing urban forest management partnerships with local not-for-profit organizations.
[2008 c 299 § 9.]
35.105.040
35.105.020 Coordination with department of natural
resources. The department shall, in the implementation of
this chapter, coordinate with the department of natural
resources. Additionally, in the development of the model
evergreen community urban forest management plans and
ordinances required by RCW 35.105.050, the department
shall utilize the technical expertise of the department of natural resources regarding arboriculture, tree selection, and
maintenance. [2008 c 299 § 6.]
35.105.020
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.030 Evergreen community recognition program. (1) The department, with the advice of the evergreen
communities partnership task force created in RCW
35.105.110, shall develop the criteria for an evergreen community recognition program whereby the state can recognize
cities, towns, and counties, to be designated as an evergreen
community, who are developing excellent urban forest management programs that include community and urban forestry inventories, assessments, plans, ordinances, maintenance programs, partnerships, and community involvement.
(2)(a) Designation as an evergreen community must
include no fewer than two graduated steps.
35.105.030
(2010 Ed.)
Short title—2008 c 299: See note following RCW 35.105.010.
[Title 35 RCW—page 347]
35.105.050
Title 35 RCW: Cities and Towns
35.105.050 Development of model evergreen community management plans and ordinances. (1) To the extent
that funds are appropriated for this specific purpose, the
department shall develop model evergreen community management plans and ordinances pursuant to RCW 35.105.070
and 35.105.080 with measurable goals and timelines to guide
plan and ordinance adoption or development consistent with
RCW 35.105.090.
(2) Model plans and ordinances developed under this
section must:
(a) Recognize ecoregional differences in the state;
(b) Provide flexibility for the diversity of urban character
and relative differences in density and zoning found in Washington’s cities, towns, and counties;
(c) Provide an urban forest landowner inventorying his
or her own property with the ability to access existing inventories, technology, and other technical assistance available
through the department of natural resources;
(d) Recognize and provide for vegetation management
practices and programs that prevent vegetation from interfering with or damaging utilities, public facilities, and solar panels or buildings specifically designed to optimize passive
solar energy; and
(e) Provide for vegetation management practices and
programs that reflect and are consistent with the priorities
and goals of the growth management act, chapter 36.70A
RCW.
(3) All model plans and ordinances developed by the
department must be developed in conjunction with the evergreen communities partnership task force created in RCW
35.105.110.
(4) After the development of model evergreen community plans and ordinances under this section, the department
shall, in conjunction with the department of natural
resources, distribute and provide outreach regarding the
model plans and ordinances and associated best management
practices to cities, towns, and counties to aid the cities, towns,
and counties in obtaining evergreen community recognition
under RCW 35.105.030.
(5) By December 1, 2010, the department shall, at a minimum, develop the model evergreen community plans and
ordinances required under this section for areas of the state
where the department of natural resources has completed
community and urban forest inventories pursuant to RCW
76.15.070. [2008 c 299 § 10.]
35.105.050
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.060 Report to the legislature. (1) The department shall deliver a report to the appropriate committees of
the legislature following the development of the model evergreen community management plans and ordinances under
RCW 35.105.050 recommending any next steps and additional incentives to increase voluntary participation by cities,
towns, and counties in the evergreen community recognition
program established in RCW 35.105.030.
(2) By the fifteenth day of each consecutive December
leading up to the adoption of the model evergreen community
plans and ordinances, the department shall deliver a report to
the appropriate committees of the legislature outlining
progress made towards the development and implementation
of the model plans and ordinances. [2008 c 299 § 11.]
35.105.060
[Title 35 RCW—page 348]
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.070 Model evergreen community management plans—Elements to consider. In the development of
model evergreen community management plans under RCW
35.105.050, the department shall consider including, but not
be limited to, the following elements:
(1) Inventory and assessment of the jurisdiction’s urban
and community forests utilized as a dynamic management
tool to set goals, implement programs, and monitor outcomes
that may be adjusted over time;
(2) Canopy cover goals;
(3) Reforestation and tree canopy expansion goals within
the city’s, town’s, and county’s boundaries;
(4) Restoration of public forests;
(5) Achieving forest stand and diversity goals;
(6) Maximizing vegetated storm water management with
trees and other vegetation that reduces runoff, increases soil
infiltration, and reduces storm water pollution;
(7) Environmental health goals specific to air quality,
habitat for wildlife, and energy conservation;
(8) Vegetation management practices and programs to
prevent vegetation from interfering with or damaging utilities
and public facilities;
(9) Prioritizing planting sites;
(10) Standards for tree selection, siting, planting, and
pruning;
(11) Scheduling maintenance and stewardship for new
and established trees;
(12) Staff and volunteer training requirements emphasizing appropriate expertise and professionalism;
(13) Guidelines for protecting existing trees from construction-related damage and damage related to preserving
territorial views;
(14) Integrating disease and pest management;
(15) Wood waste utilization;
(16) Community outreach, participation, education programs, and partnerships with nongovernment organizations;
(17) Time frames for achieving plan goals, objectives,
and tasks;
(18) Monitoring and measuring progress toward those
benchmarks and goals;
(19) Consistency with the urban wildland interface codes
developed by the state building code council;
(20) Emphasizing landscape and revegetation plans in
residential and commercial development areas where tree
retention objectives are challenging to achieve; and
(21) Maximizing building heating and cooling energy
efficiency through appropriate siting of trees for summer
shading, passive solar heating in winter, and for wind breaks.
[2008 c 299 § 12.]
35.105.070
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.080 Model evergreen community ordinances—Elements to consider. The department shall, in the
development of model evergreen community ordinances
under RCW 35.105.050, consider including, but not be limited to, the following policy elements:
(1) Tree canopy cover, density, and spacing;
(2) Tree conservation and retention;
35.105.080
(2010 Ed.)
Urban Forest Management
(3) Vegetated storm water runoff management using
native trees and appropriate nonnative, nonnaturalized vegetation;
(4) Clearing, grading, protection of soils, reductions in
soil compaction, and use of appropriate soils with low runoff
potential and high infiltration rates;
(5) Appropriate tree siting and maintenance for vegetation management practices and programs to prevent vegetation from interfering with or damaging utilities and public
facilities;
(6) Native species and nonnative, nonnaturalized species
diversity selection to reduce disease and pests in urban forests;
(7) Tree maintenance;
(8) Street tree installation and maintenance;
(9) Tree and vegetation buffers for riparian areas, critical
areas, transportation and utility corridors, and commercial
and residential areas;
(10) Tree assessments for new construction permitting;
(11) Recommended forest conditions for different land
use types;
(12) Variances for hardship and safety;
(13) Variances to avoid conflicts with renewable solar
energy infrastructure, passive solar building design, and
locally grown produce; and
(14) Permits and appeals. [2008 c 299 § 13.]
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.090 Evergreen community management
plans and ordinances—Local jurisdictions may adopt.
(1) A city, town, or county may adopt evergreen community
management plans and ordinances, including enforcement
mechanisms and civil penalties for violations of its evergreen
community ordinances.
(2) Evergreen community ordinances adopted under this
section may not prohibit or conflict with vegetation management practices and programs undertaken to prevent vegetation from interfering with or damaging utilities and public
facilities.
(3) Management plans developed by cities, towns, or
counties must be based on urban forest inventories for the
city, town, or county covered by the management plan. The
city, town, or county developing the management plan may
produce independent inventories themselves or rely solely on
inventories developed, commissioned, or approved by the
department of natural resources under chapter 76.15 RCW.
(4) Cities, towns, or counties may establish a local evergreen community advisory board or utilize existing citizen
boards focused on municipal tree issues to achieve appropriate expert and stakeholder participation in the adoption and
development of inventories, assessments, ordinances, and
plans consistent with this chapter.
(5) A city, town, or county shall invite the expert advice
of utilities serving within its jurisdiction for the purpose of
developing and adopting appropriate plans for vegetation
management practices and programs to prevent vegetation
from interfering with or damaging utilities and public facilities. [2008 c 299 § 14.]
35.105.090
Short title—2008 c 299: See note following RCW 35.105.010.
(2010 Ed.)
35.105.110
35.105.100 Submission and review of management
plans and evergreen community ordinances. (1) A city,
town, or county seeking evergreen community recognition
under RCW 35.105.030 shall submit its management plans
and evergreen community ordinances to the department for
review and comment at least sixty days prior to its planned
implementation date.
(2) The department shall, together with the department
of natural resources, review any evergreen community ordinances or management plans submitted. When reviewing
ordinances or plans under this section, the department shall
focus its review on the plan’s consistency with this chapter
and the model evergreen community management plans and
ordinances adopted under RCW 35.105.050. When the following entities submit evergreen community ordinances and
management plans for review, they must be considered by the
department, together with the department of natural
resources, the department of fish and wildlife, and the Puget
Sound partnership: A county adjacent to Puget Sound or any
city located within any of those counties. The reviewing
departments may provide written comments on both plans
and ordinances.
(3) Together with the department of natural resources,
the department may offer technical assistance in the development of evergreen community ordinances and management
plans. [2008 c 299 § 16.]
35.105.100
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.110 Evergreen communities partnership task
force. (1) The director of the department shall assemble and
convene the evergreen communities partnership task force of
no more than twenty-five individuals to aid and advise the
department in the administration of this chapter.
(2) At the discretion of the department, the task force
may be disbanded once the urban and community forests
assessments conducted by the department of natural
resources under RCW 76.15.070 and the model evergreen
community management plans and ordinances developed
under RCW 35.105.050 are completed.
(3) Representatives of the department of natural
resources and the department of ecology shall participate in
the task force.
(4) The department shall invite individuals representing
the following entities to serve on the task force:
(a) A statewide council representing urban and community forestry programs authorized under RCW 76.15.020;
(b) A conservation organization with expertise in Puget
Sound storm water management;
(c) At least two cities, one from a city east and one from
a city west of the crest of the Cascade mountains;
(d) At least two counties, one from a county east and one
from a county west of the crest of the Cascade mountains;
(e) Two land development professionals or representative associations representing development professionals
affected by tree retention ordinances and storm water management policies;
(f) A national conservation organization with a network
of chapter volunteers working to conserve habitat for birds
and wildlife;
(g) A land trust conservation organization facilitating
urban forest management partnerships;
35.105.110
[Title 35 RCW—page 349]
35.105.120
Title 35 RCW: Cities and Towns
(h) A national conservation organization with expertise
in backyard, schoolyard, and community wildlife habitat
development;
(i) A public works professional;
(j) A private utility;
(k) A national forest land trust exclusively dedicated to
sustaining America’s vast and vital private forests and safeguarding their many public benefits;
(l) Professionals with expertise in local land use planning, housing, or infrastructure; and
(m) The timber industry.
(5) The department is encouraged to recruit task force
members who are able to represent two or more of the stakeholder groups listed in subsection (4) of this section.
(6) In assembling the task force, the department shall
strive to achieve representation from as many of the state’s
major ecoregions as possible.
(7) Each member of the task force shall serve without
compensation. Task force members that are not state
employees may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. [2008 c 299 § 17.]
Short title—2008 c 299: See note following RCW 35.105.010.
35.105.120 Limitations of chapter. Nothing in this
chapter may be construed to:
(1) Conflict or supersede with any requirements, duties,
or objectives placed on local governments under chapter
36.70A RCW with specific emphasis on allowing cities and
unincorporated urban growth areas to achieve their desired
residential densities in a manner and character consistent
with RCW 36.70A.110; or
(2) Apply to lands designated under chapters 76.09,
79.70, 79.71, 84.33, and 84.34 RCW. [2008 c 299 § 18.]
35.105.120
Short title—2008 c 299: See note following RCW 35.105.010.
Chapter 35.106
Chapter 35.106 RCW
CRIME-FREE RENTAL HOUSING
Sections
35.106.005
35.106.010
35.106.020
35.106.030
35.106.100
Finding—Intent.
Definitions.
Crime-free rental housing program.
Program—No prohibition against hiring or renting to person
based on criminal history.
Chapter supersedes and preempts local laws—Application of
RCW 35.106.020 to local laws.
35.106.005 Finding—Intent. The legislature finds that
local governments, landlords, and tenants working together
to provide crime-free rental housing is beneficial to the public health, safety, and welfare. The legislature is also concerned about activities and provisions that serve to bar a person with a criminal history from obtaining viable housing
regardless of other factors that may indicate rental stability,
such as employment, rental references, or time in the community with no further criminal activity. It is therefore the intent
of chapter 132, Laws of 2010 to provide certain requirements
that a local government must follow in adopting a crime-free
rental housing program. [2010 c 132 § 1.]
35.106.005
[Title 35 RCW—page 350]
35.106.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Crime-free rental housing program" means a crime
prevention program designed to reduce crime, drugs, and
gangs on rental housing premises under the supervision of the
local police department or a crime prevention officer. The
program may include, but is not limited to: Property management and crime prevention training classes; crime prevention
through environmental design surveys; and community
awareness training.
(2) "Criminal activity" means a criminal act defined by
statute or ordinance that threatens the health, safety, or welfare of the tenants, owner, guests, occupants, or property
manager.
(3) "Local government" means any city, code city, town,
or county.
(4) "Premises" has the same meaning as in RCW
59.18.030.
(5) "Rental housing" means any tenancy subject to chapter 59.12, 59.18, or 59.20 RCW. [2010 c 132 § 2.]
35.106.010
35.106.020 Crime-free rental housing program.
(1)(a) Except as provided in (b) of this subsection, a local
government may adopt and implement a crime-free rental
housing program within its jurisdiction in accordance with
this chapter.
(b) A crime-free rental housing program adopted and
implemented by a county is applicable only to unincorporated areas of the county.
(2) Except as provided in subsection (3) of this section, a
crime-free rental housing program must be voluntary.
(3)(a) A local government may require a landlord to participate in a crime-free rental housing program upon exceeding a reasonable threshold of instances of criminal activity on
the premises if the landlord has not made a good faith effort
to deter the criminal activity.
(b) A good faith effort may include, but is not limited to:
(i) Service of notice on the tenant to comply or quit as
allowed by law or the commencement of an unlawful
detainer action against the tenant; and
(ii) Attendance and completion of a landlord training
program approved by the local government.
(4)(a) As a prerequisite to subsection (3) of this section,
upon the occurrence of criminal activity on the premises, the
local police department must send a notice to the landlord setting forth the following:
(i) The date and location of the occurrence;
(ii) The nature of the occurrence; and
(iii) The name of the person who engaged in the occurrence.
(b) Notice is deemed properly delivered when it is either
served upon the landlord or a property manager of the rental
property, or is delivered by first-class mail to the last known
address of the landlord.
(5) This section does not prevent a local government
from charging a fee for participation in a crime-free rental
housing program.
(6) This section does not affect a local government’s
authority to enforce existing law in regard to rental housing,
35.106.020
(2010 Ed.)
Crime-Free Rental Housing
35.106.100
except in regard to a crime-free rental housing program.
[2010 c 132 § 3.]
35.106.030 Program—No prohibition against hiring
or renting to person based on criminal history. A crimefree rental housing program may not prohibit a landlord from
hiring or renting to a person solely because of the person’s
criminal history. [2010 c 132 § 4.]
35.106.030
35.106.100 Chapter supersedes and preempts local
laws—Application of RCW 35.106.020 to local laws. (1)
Except as provided in subsection (2) of this section, this
chapter supersedes and preempts all rules, regulations, codes,
statutes, or ordinances of all local governments regarding the
same subject matter. The state preemption created in this
section applies to all rules, regulations, codes, statutes, and
ordinances pertaining to crime-free rental housing programs
at any time.
(2) RCW 35.106.020 does not apply to rules, regulations,
codes, statutes, or ordinances adopted by local governments
prior to July 1, 2010, except as required by an order issued by
a court of competent jurisdiction pursuant to litigation
regarding the rules, regulations, codes, statutes, or ordinances. [2010 c 132 § 5.]
35.106.100
(2010 Ed.)
[Title 35 RCW—page 351]
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